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CERTIFICATION , Pursuant to Section 86, Indian Act RSC 1985 C.I-5 and amendments thereto, I certify that the attached copy ofthe Seabird Island Indian Band Property Tax Expenditure By-law dated March 28, 1996 is a true copy of the said by-law . chard Frizell
Minister of Indian . Affairs 9ZWMf Ministre des Affaires and Northern Development indiennes et du Nord canadien Ottawa, Canada K1A OH4 I, the Minister of Indian Affairs and Northern Development, HEREBY APPROVE, pursuant to section 83 of the Indian Act, the following by-law made by the Seabird Island Indian Band, in the Province of British Columbia, at a meeting held on the 28'h day of March 1996. Property Tax Expenditure By-law Dated at Ottawa, Ontario this 8th day of may, 1996.
Seabird Island Indian Band Property Tax Expenditure By-law WHERFAS the Council of the Seabird Island Indian Band passed its Assessment and Taxation' By-Laws pursuant to subsection 83(1) of the Indian Act at a duly convened meeting of the Council . of the Seabird Island Indian Band held at the Seabird Island Indian Band Office,Agassiz, British Columbia on the 25th day of September, 1992; ANDWHEREAS the Minister of Indian Affairs and Northern Development approved the Assessment and Taxation By-Laws, in part, on July 30, 1993, AND WHEREAS Subsection 83(2) of the Indian Act provides that an expenditure made out of moneys raised pursuant to subsection 83(1) of the Indian Act must be made under the authority of aby-law ofthe council ofthe band; AND WHEREAS Subsection 67(5) of the Taxation By-law authorizes the making of certain expenditures out ofproperty tax revenue; ANDWHEREAS Council wishes to authorize expenditures in addition to those authorized under subsection 67(5) of the Taxation By-law to be made out of revenue raised from time to time persuant to the Taxation By-law; NOW THEREFORE BE IT RESOLVED THAT the Council of the Seabird Island Indian Band enact the following by-law pursuant to section 83 of the Indian Act; Short Title 1 . This by-law may be cited for all purposes as the Seabird Island Indian Band Property TaxExpenditure By-law. Interpretation 2. In this by-law : "annual property tax budget" means a budget that includes and identifies in a general way projected property tax revenue for a fiscal year, surplus or deficit property tax revenue carried over from previous fiscal years and projected expenditures to be made out of property tax revenue for the fiscal year,
,"Assessment By-law" means the Seabird Island Indian Band Assessment By-law approved by the minister on the 30th day of July, 1993, as amended from time to time ; "band" means the Seabird Island Indian Band; "band council resolution" , , means a resolution passed and approved at a duly convened meeting ofchief and council by a quorum of councillors ; "chief and council" means chief and council as that term is defined in the Taxation By-law; "community services" includes, without limitation, programs and services (other than utility services), operated, controlled, managed, administered, provided or financially supported, wholly or in part, by the band or chief and council on behalf of the band and of benefit to . any residents of the reserve (whether in common with any non-residents of the reserve or not) including, without limiting the generality of the foregoing, social, public health, cultural, recreation, education; daycare, library, park, playground, police or fire protection programs and services ; "community works" includes, without limitation, designing, constructing, reconstructing, creating, replacing, enlarging, extending, removing, moving, repairing, maintaining and operating buildings, works and facilities (other than public works), located within the reserve and owned, operated, controlled, managed, administered, provided or financially . supported, wholly or in part, by the band or chief andcouncil on behalf of the band and used for community services or general government services, including, without limiting the generality of the foregoing, band administration offices, band public works yards, cemeteries, longhouses, cultural centres, daycare centres, group homes, libraries, archives, museums, art galleries, recreation centres, parks and playgrounds, together with the reserve lands appurtenant thereto; "fiscal year" means April 1 of a calendar year through March 31 of the following calendar year-,
"general government services" includes, without limitation, government and administrative programs, services and operations of the band or council on behalf of the band including, without limiting the generality of the foregoing, the operations of band policies, by-laws and programs and the administration and operation of departments ofthe band; "minister'.' means the Minister of Indian Affairs and Northern Development; -"projected property tax revenue for a fiscal year" means all taxes and other monies projected to be raised under the Taxation and Assesment By-laws for a fiscal year ; "public works" . includes : a) designing, constructing, . reconstructing, creating, replacing, enlarging, extending, removing, moving, repairing, maintainingor operating: (i) roads, streets, overpasses, underpasses, sidewalks, foot crossings, curbing bridges, tunnels, culverts, embankments and retaining walls, (ii) equipment, wires, works and facilities, including standards and conduits, necessary to supply public lighting within the . reserve, including without . limiting the generality of the foregoing, all necessary poles, towers, cross-arms, encasements, transformer , structures and related works and facilities, (iii) conduits for wires, fibre-optics and pipes for purposes other than providing public lighting within the reserve, including without limiting the generality of the foregoing all necessary poles, tower, cross-arms, encasements, transformer structures and other related works and facilities, (iv) storm or sanitary sewer or water lines, works and facilities, including service connections to sewer or water lines on land abutting a main, (v) sewerage treatment and water treatment works, facilities and plants, (vi) retaining walls, rip-rap, sheet-piling, sea-walls, pilings, dykes and breakwaters in, along or adjacent to the sea; a lake or a river, and (vii) any buildings, works or facilities related or ancillary to anything referred to in subparagraphs (i) through (vi),
(b) together with reserve lands appurtenant thereto, (c) remediating environmentally contaminated reserve lands, and (d) creating new lands by any lavvfiil means including, without limiting the generality of the foregoing, by the placement and compaction of permitted soils andother fill materials, "reserve" means reserve as that term is defined in the Indian Act; "surveyor oftaxes" means the surveyor of taxes appointed by chief and council under the Taxation By-law; "Taxation By-law" means the Seabird Island Indian Band Taxation Bylaw approved by the minister on the 30th day of July 1993, as amended from time to time ; "utility services" includes water, storm sewer, sanitary sewer, garbage collection,, garbage disposal, solid waste disposal, sewage treatment and water treatment programs, services and operations . Annual Property Tax Budget (1) On or before July 31 in each fiscal year, the surveyor of taxes shall prepare a draft annual property tax budget for the then current fiscal year setting out expenditures authorized to be made for local purposes by chief and council on behalf ofthe band. (2) Without limiting the generality of subsection (1), but for greater certainty, the annual property tax budget may authorize the expenditure of monies by chief and council on community works, community services, general government services, public works and utility services. (3) Chief and council shall consider the draft annual . property tax budget on or before August 31 of the same fiscal year, and shall adopt the draft annual property tax budget, with all agreed, upon changes, by passing a band council resolution to that effect, and such draft annual property tax budget, as adopted, shall be the annual property tax budget. (4) Upon adoption of the annual property tax budget, as set out in subsection (3), chief and council will be authorized to expend monies as set out in the annual property tax budget.
(5) Chiefand council may at any time, and from time to time, amend the annual property tax budget by passing a band council resolution to that effect, and after such resolution is passed chief and council will be authorized to expend monies as set out in the annual property tax budget, as amended. (6)~ Nothing in this by-law shall have the effect of amending subsection 67(5) of the Taxation By-law or of limiting the authorization of, or requiring 'I additional procedures to peimit, expenditures of funds thereunder. Property Tag Revenue Accounts 4 (1) All revenue raised pursuant to the Taxation By-law shall be deposited-in a special account or accounts maintained in the name of the band and be invested until required to be expended pursuant to an annual property tax budget. (2) Any revenue that is not required for expenditure during that fiscal year pursuant to an -annual property tax budget shall be set aside in a special surplus fund account or accounts maintained in the name of the band and be invested until required for such expenditure in a future fiscal year. Administration and Enforcement 5 The surveyor oftaxes shall administer this by-law . By-law Remedial 6 This by-law shall be construed as being remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objectives . Amendments 7 Any section of this by-law may be amended by chief and council by a by-law passed and approved in accordance with appropriate section or sections of the Indian Act or constitution ofthe band as the case may be.
MisceDaneous 8 (1) Head . notes, marginal notes and provision headings form no part of this bylaw but shall be construed as being inserted for convenience of reference only . _ -(2) A finding by a court of competent jurisdiction that a section or provision of '~ this by-law is void or invalid shall not affect or bear upon the validity or invalidity of any other section or part of this by-law or this by-law as a whole. (3) Where a provision in this by-law is expressed in the present tense, future tense or in the past tense, the provision applies to the circumstances as they arise. -(4) In this by-law words in'the singular include the plural, and words in the plural include the singular. Coming into Force 9 This by-law shall come into force immediately upon being approved by the minister.
APPROVED AND PASSED at a duly convened meeting of the Chief and Council of the Seabird Island Indian Band held at the Seabird Island Indian Band Administration office, Agassiz; British Columbia, this U~`day of /r~rL~. MOVEDBY: l~h.Ae'w SECONDED BY: AQuorum of Council Consists of 4 Councillors Councillor, 1996. MUvk/ Councillor --~_ ~-r~-~
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