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 Malahat First Nation in the Province of British Columbia, Malahat First Nation Annual Tax Rates Law, 2021 Dated at Kamloops, British Columbia this 15th day of July, 2021.
On behalf of the First Nations Tax Commission C.T. (Manny) Jul
- Chief Commissioner First Nations Tax Commission
MALAHAT FIRST NATION ANNUAL TAX RATES 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 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 Malahat First Nation duly enacts as follows: 1. This Law may be cited as the Malahat First Nation Annual Tax Rates 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;
"Assessment Law" means the Malahat First Nation Property Assessment Law, 2015; "First Nation" means the Malahat 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 5(1)(a) of the Act; "taxable property" has the meaning given to that term in the Taxation Law; and "Taxation Law" means the Malahat First Nation Property Taxation Law, 2015. 3. Taxes levied pursuant to the Taxation Law for the taxation year 2021 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. 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.
5. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise.
6. 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.
7. The Schedule attached to this Law forms part of and is an integral part of this Law. 8. 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 _.li day of June, 2021, at Malahat First Nation, in the Province of British Columbia.
A quorum of Council consists of three (3) members of Council.
Councillor Gordon Harry
, I SCHEDULE TAX RATES
PROPERTY CLASS RATE PER $1000 of assessed value
Class 1 - Residential Class 2 - Utilities Class 4 - Major Industry Class 5 - Light Industry Class 6 - Business and Other Class 8 - Recreational Property/Non-Profit Organization Class 9 - Farm 3
5.69122 29.70667 23.46733 18.97793 15.56508 6.84352 11.08352