Contenu de la décision
First Nations Tax Commission Commission de la fiscalite des premieres nations The First Nations Tax Commission, pursuant to the First Nations Fiscal Management Act, hereby approves the following law made by the Kwaw Kwaw Apilt First Nation in the Province of British Columbia, Kwaw Kwaw Apilt First Nation Annual Tax Rates Law, 2020 Dated at Kamloops, British Columbia this 4th day of June, 2020. On behalf of the First Nations Tax Commission C.T. (Manny es - Chief Commissioner First Nations Tax Commission
CERTIFICATION "I hereby certify that this document is a complete version of the Kwaw Kwaw Apilt First Nation Annual Tax Rates Law, 2020 enacted by the Council on May 28 th , 2020 and consisting of two pages. Certified this 28 th da Signature: _______________ Name & Title: L a all - Property Tax Administrator/Finance Officer
KWAWKWAW APILTFIRSTNATION ANNUAL TAX RATES LAW, 2020 WHEREAS: A. Pursuant to section 5 of the First Nations Fiscal Management Act, the council of a first nation may make laws respecting taxation for local purposes of reserve lands and interests or rights in reserve lands, including laws to establish tax rates and apply them to the assessed value of those lands and interests or rights; B. The council of the First Nation has made a property assessment law and a property taxation law; and C. Subsection 10(1) of the First Nations Fiscal Management Act requires a first nation that has made a property taxation law to, at least once each year, make a law setting the rate of tax to be applied to the assessed value of each class of lands and interests or rights; NOW THEREFORE the Council of the Kwaw Kwaw Apilt First Nation duly enacts as follows: 1. This Law may be cited as the Kwaw Kwaw Apilt First Nation Annual Tax Rates Law, 2020. 2. In this Law: "Act" means the First Nations Fiscal Management Act, S.C. 2005, c. 9, and the regulations made under that Act; "Assessment Law" means the Kwaw Kwaw Apilt First Nation Property Assessment Law, 2012; "First Nation" means the Kwaw Kwaw Apilt First Nation, being a band named in the schedule to the Act; "property taxation law" means a law enacted by the First Nation under paragraph S(l)(a) of the Act; ''taxable property" has the meaning given to that term in the Taxation Law; and "Taxation Law" means the Kwaw Kwaw Apilt First Nation Property Taxation Law, 2012. 3. Taxes levied pursuant to the Taxation Law for the taxation year 2020 shall be determined by imposing the rates set out in the Schedule upon the assessed value of all taxable property in each property class. 4. Notwithstanding section 3, where the amount of the tax levied on taxable property in a taxation year is less than one hundred dollars ($ 100), the taxable property shall be taxed at one hundred dollars ($ 100) for the taxation year. 5. Except where otherwise defined, words and expressions used in this Law have the meanings given to them in the Assessment Law and the Taxation Law. 6. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise. 7. This Law must be construed as being remedial and must be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objectives. 8. The Schedule attached to this Law forms part of and is an integral part of this Law. 1
9. This Law comes into force and effect on the day after it is approved by the First Nations Tax Commission. THIS LAW IS HEREBY DULY ENACTED by the Council at a duly called and conducted Council meeting conducted by teleconference on the 28th day of May 2020, at Chilliwack, in the Province of British Columbia at which the required quorum of two (2) councillors was present throughout. Chief Betty Henry Councillor Sandra Hudson Councillor Gilbert Joe 2
SCHEDULE TAX RATES PROPERTY CLASS l Residential 2 Utilities 5 Light Industry 3 RATE PER $1,000 of Assessed Value in: Improvements Land 5.23226 5.41502 52.24051 54.31889 7.48352 7.78822
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