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
We Wai Kai Nation in the Province of British Columbia,
We Wai Kai Nation Annual Expenditure Law, 2022
Dated at Kamloops, British Columbia this 9th day of June, 2022.
On behalf of the First Nations Tax Commission
C.T. (Manny) es - Chief Commissioner {I ~ First Nations Tax Commission
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WE WAI KAI NATION ANNUAL EXPENDITURE LAW, 2022
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, interests in reserve lands or rights to occupy, possess or use 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(l)(a. l) 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 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 We Wai Kai Nation duly enacts as follows: 1. This Law may be cited as the We Wai Kai Nation Annual Expenditure Law, 2022. 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 We Wai Kai Nation Property Assessment Law, 2012; "Council" has the meaning given to that term in the Act; "First Nation" means the We Wai Kai Nation, 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(l)(a) of the Act; and "Taxation Law" means the We Wai Kai Nation Property Taxation Law, 2012. 3. The First Nation's annual budget for the budget year beginning April 1, 2022 and ending March 31, 2023, 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 1 st River, in the Province of British Columbia.
day of June, 2022, at Campbell
A quorum of Council consists of five (5) members of Council. ~at' --------1---'---6----{=eL,_____ _
Chief Ronnie Chickite
Councillor l<im Duncan
Councillor Nicole Assu
Councillor Ted Assu
Councillor Art Wilson
Councillor Mildred Price
Councillor Glenn Assu
2
SCHEDULE ANNUAL BUDGET
PART 1: REVENUES I. Prope1iy tax revenues to be collected in budget year: a. Prope1iy Tax Revenues b. Payments Received in Lieu of Taxes c. Service Payment in Lieu of Taxes Revenues
TOTAL REVENUES
PART2:EXPENDITURES I. General Government Expenditures a. General Administrative b. BC Assessment 2. Protection Services a. Policing b. Regulat01y Measures c. Enforcement 3. Transportation a. Roads and Streets b. Snow and Ice Removal C. Public Transit 4. Environment Health Services a. Garbage Waste Collection and Disposal b. Recycling 5. Community Development a. Housing Reserve and Repairs 6. Contingency Amount 7. Transfers into Reserve Funds
TOTAL EXPENDITURES
PART 3: ACCUMULATED SURPLUS/DEFICIT 1. Accumulated Surplus - revenues carried forward from the previous budget year
BALANCE
$ 114,660.61 $ 17,865.92 $241,083.57
$ 373,610.10
$25,000.00 $2,000.00
$4,000.00 $6,865.00 $231,000.00 $5,000.00 $18,000.00
$11,000.00 $4,000.00
$10,000.00 $21,698.24 $35,046.86
$373,610.10
$
$
0
0
Note: The following are the 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. BC Assessment b. City of Campbell River Note: This Budget includes the attached Appendix.
$ $
2,000.00 4,000.00
Appendix Reserve Fund Balances 1. Community Capital Projects Beginning balance as of Apr;/ 1, 2022: 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 March 31, 2023:
$11,877.44 $ $ $
$35,046.86 $ $ $17.83 $46,942.13