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 Nicola Indian Band in the Province of British Columbia, Lower Nicola Indian Band Annual Expenditure 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 Fir ations Tax Commission
LOWER NICOLA 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, at least once each year, make a law establishing a budget for the expenditure of revenues raised under those laws; and
D. The Council of the 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 Nicola Indian Band duly enacts as follows: 1. This Law may be cited as the Lower Nicola 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 of those 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 Nicola Indian Band Property Assessment Law, 2009; "Council" has the meaning given to that term in the Act; "First Nation" means the Lower Nicola 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 Nicola Indian Band Property Taxation Law, 2009, as amended by The Lower Nicola Indian Band Property Taxation Amending Law, 2009.
3. The First Nation's annual budget for the budget year beginning April 1, 2021, and ending March 31, 2022, 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 the Council at a duly called and conducted Council meeting conducted by video conference on the 15th day of June, 2021, at which the required quorum of 5 councillors was present throughout.
Chief Stuart Jackson ~ Councillor Connie Joe Councillor Lucinda Seward Councillor Spence Coutlee Councillor Aaron Sumexheltza 2
SCHEDULE ANNUAL BUDGET PARTl:REVENUES 1. Local revenues to be collected in budget year: a. Property Tax Revenues $1,533,799 b. BC Hydro, CDF grant 15,113 2. Moneys from Reserve Funds a. Capital Reserve 375,000 TOTAL REVENUES $1,923,912 PART 2: EXPENDITURES 1. General Government Expenditures a. Executive and Legislative $260,000 b. General Administrative 290,000 2. Protection Services a. Firefighting 95,851 3. Recreation and Cultural Services a. Recreation 65,000 4. Community Development a. Urban Development 341,149 5. Environment Health Services a. Garbage Waste Collection and Disposal 50,000 b. Water Systems 342,000 c. Recycling 56,000 6. Fiscal Services a. Other Payments- Public Works 7. Transfers into Reserve Funds a. Land Management and Capital Development Reserve 375,000 8. Contingency 48,912 TOTAL EXPENDITURES $ 1,923,912 PART 3: ACCUMULATED SURPLUS/DEFICIT 1. Accumulated Surplus - Local revenues carried forward from the previous budget year $ 0 2. Accumulated Deficit - Local revenue expenditures carried forward from the previous budget year $ 0 BALANCE $ 0 3
Note: The First Nation has 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 period:
Thompson-Nicola Regional District - 2021 Environmental Health Services Agreement Garbage collection, disposal and recycling $96,865 Thompson-Nicola Regional District-2021 91 l Emergency Telephone Services Agreement 911 Emergency Telephone $4,554 BC Hydro - Street Lighting $8,762 City of Merritt Fire Suppression Agreement $4,170 Note: This Budget includes the attached Appendix.
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Appendix Reserve Fund Balances I . Land Management and Capital Development Beginning balance as of April I, 2021: $2,858,013 Transfers out to local revenue account: (375,000) Transfers in from local revenue account: 375,000 from general account 0 Interest earned in current year: 0 Ending balance as of March 31, 2022: $2,858,013 2. Tangible Capital Asset Replacement Beginning balance as of April I, 2021: $141,987 Transfers out to general account 0 Ending balance as of March 31, 2022 $ 141,987 5