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 Coldwater Indian Band in the Province of British Columbia,
Coldwater Indian Band Annual Tax Rates Law, 2021
Dated at Kamloops, British Columbia this 13th day of August 2021.
On behalf of the First Nations Tax Commission
C.T. (Manny Jul s - Chief Commissioner Fir Nations Tax Commission
COLDWATER INDIAN BAND
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 Coldwater Indian Band has enacted the Coldwater Indian Band Property Assessment Law, 2012 and Coldwater Indian Band Property Taxation Law, 2012; 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 Coldwater Indian Band duly enacts as follows: 1. This Law may be cited as the Coldwater Indian Band 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 Coldwater Indian Band Property Assessment Law, 2012; "First Nation" means the Coldwater Indian Band, 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 Coldwater Indian Band Property Taxation Law, 2012.
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. 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. S. 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. 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 Council on the 14th day of ...J:y}y_, 2021, at Coldwater IR#l, in the Province of British Columbia.
A quorum of Council consists of Five (5) members of Council.
Chief T. Lee Spahan
Councillor Annie Major Councillor Leah Collins
Councillor Wendy Hall Councillor Corrina Manuel
Councillor Larry Antoine Councillor W. Gerome Garcia
Councillor Michael Smithers
SCHEDULE
Tax Rates
PROPERTY CLASS RATE PER $1000 OF ASSESSED VALUE
Class 1 - Residential 12.5459
Class 2 - Utilities 60.5793
Class 4 - Major Industry 48.5145
Class 5 - Light Industry 21.0419
Class 6 - Business and Other 32.3145
Class 8 - Recreational Property/Non-Profit Organization 14.0924
Class 9 - Farm 20.3638
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