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 Lower Similkameen Indian Band in the Province of British Columbia, Lower Similkameen Indian Band Annual Expenditure Law, 2021
Dated at Kamloops, British Columbia this 28th day of May, 2021.
On behalf of the First Nations Tax Commission C.T (Manny) ul s - Chief Commissioner Fir Nations Tax Commission
LOWER SIMILKAMEEN INDIAN BAND ANNUAL EXPENDITURE LAW, 2021 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 authorizing the expenditure of local revenues;
B. The Council of the First Nation has made a property assessment law and a property taxation law; C. Subsection 10(2) of the First Nations Fiscal Management Act requires a first nation that has made a property taxation law or a law under paragraph 5(1)(a.1) to make, at least once each year, a law establishing a budget for the expenditure of revenues raised under those laws; and
D. The Council oft he First Nation wishes to establish an annual budget for the expenditure ofrevenues raised in the current taxation year, and wishes to authorize expenditures made in accordance with section 13.1 of the Act;
NOW THEREFORE the Council of the Lower Similkameen Indian Band duly enacts as follows: 1. This Law may be cited as the Lower Similkameen Indian Band Annual Expenditure Law, 2021. 2. In this Law: "Act" means the First Nations Fiscal Management Act, S.C. 2005, c. 9, and the regulations made under that Act;
"annual budget'' means a budget setting out the projected local revenues and projected expenditures oft hose local revenues during a budget year, and setting out expenditures made in accordance with section 13 .1 of the Act;
"Assessment Law" means the Lower Similkameen Indian Band Property Assessment By-law, 2002; "Council" has the meaning given to that term in the Act; "First Nation" means the Lower Similkameen Indian Band, being a band named in the schedule to the Act; "Law" means this annual expenditure law enacted under paragraph 5(1)(b) of the Act as required by subsection 10(2) of the Act;
"local revenues" means money raised by the First Nation under a local revenue law and payments made to a First Nation in lieu of a tax imposed by a law made under paragraph 5(1)(a) of the Act;
"property taxation law" means a law enacted by the First Nation under paragraph 5(1)(a) of the Act; and "Taxation Law" means the Lower Similkameen Indian Band Property Taxation By-law, 2002. 3. The First Nation's annual budget for the budget year beginning January 1, 2021, and ending December 31, 2021, is attached as a Schedule and the expenditures provided for in the Schedule are authorized.
4. Expenditures of local revenues must be made only in accordance with the annual budget or in accordance with section 13 .1 of the Act.
5. The expenditures made in the current year before this Law is enacted are included in the annual budget and are authorized by this Law.
6. Where the First Nation wishes to authorize an expenditure not authorized in this Law, or change the amount of an expenditure authorized, Council must amend this Law in accordance with Council procedure and the requirements of the Act.
7. This Law authorizes the expenditure of contingency amounts as necessary within any of the categories of expenditures set out in the Schedule.
8. 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.
9. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise.
10. 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.
11.(1) The Schedule attached to this Law, including any Appendices, forms part of and is an integral part of this Law.
(2) A reference to the Schedule is a reference to the Schedule to this Law. 12. 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 Council on the 18th day of May, 2021, at Cawston, in the Province of British Columbia.
A quorum of Council consists of three (3) members of Council. ~b~ ----Chief Keith Crow .-------v l '~ ~uHa ~ Councillor Ira Edward Councillor John Louie 2
SCHEDULE ANNUAL BUDGET
PARTl:REVENUES 1. Property tax revenues to be collected in budget year: a. Property Tax Revenues $280,037.48 TOTAL REVENUES $280,037.48 PART 2: EXPENDITURES 1. General Government Expenditures a. BC Assessment Authority $2,560.00 b. Bylaw/Law Development $3,700.00 c. Council Governance $73,000.00 d. Election/Referendum $6,000.00 e. Taxation Administration $17,775.00 2. Protection Services a. Fire Protection $10,000.00 b. Homeland Security $1,500.00 3. Transportation a. Roads and Streets $2,500.00 b. School Bus $4,659.36 c. Snow Removal $5,000.00 d. Street Lights $2,000.00 4. Recreation and Cultural Services a. Gymnasium $10,000.00 b. Parks $4,500.00 c. Pavilion $10,000.00 d. Pit house $2,000.00 3
5. Community Development a. Elders Emergency $10,000.00 b. Health $13,000.00 c. Land Use Plan Implementation/planning $5,000.00 d. MPB Building Operations $45,000.00 e. Social Assistance $3,000.00 6. Environment Health Services a. Erosion Management $5,000.00 b. Solid Waste Management $21,000.00 c. Water Treatment IR 2 $6,300.00 7. Fiscal Services a. Year End Audit fees $2,500.00 8. Contingency Amount $4,043 .12 9. Transfers into reserve funds a. Transfer into LSIB Capital Fire Hall Reserve Fund $5,000.00 b. Transfer into LSIB Capital Reserve Fund- NEW Band School $10,984.00 Building TOTAL EXPENDITURES $286,021.48 PART 3: ACCUMULATED SURPLUS/DEFICIT 1. Accumulated Surplus - revenues carried forward from the previous budget year $5,984.00 2. Accumulated Deficit - revenue expenditures carried forward from the previous budget year $ 0.00 BALANCE $ 0.00 Note: The following service agreements with third-party service providers, and the amounts indicated are the amounts payable by the First Nation under each agreement during the budget year:
a. Regional District of Similkameen- Fire Protection $ 16,243 .55 Note: This Budget includes the attached Appendix. 4
Appendix Reserve Fund Balances 1. Capital Fire Hall Reserve Fund Beginning balance as of January 1, 2021 : Transfers out a. to current year's revenues: b. to ____ reserve fund as a transfer: c. moneys borrowed for another purpose: Transfers in a. from current year's revenues: b. from ____ reserve fund as a transfer to fund: c. borrowed moneys repaid to fund: Interest earned in current year: Ending balance as of December 31, 2021 : 2. LSIB Capital School Building Reserve Fund Beginning balance as of January 1, 2021 : Transfers out a. to current year' s revenues: b. to ____ reserve fund as a transfer: c. moneys borrowed for another purpose: Transfers in a. from current year's revenues: b. from ____ reserve fund as a transfer to fund: c. borrowed moneys repaid to fund: Interest earned in current year: Ending balance as of December 31, 2021: 5
$29,450.56 $ $ $ $5,000.00 $ $ $ 300.00 $34,750.56 $ 0.00 $ $ $ $10,984.00 $ $ $ 100.00 $11,084.00