British Columbia Bill 7 (Government) — 3rd Parliament, 40th Session — Previous Version 1
3-40 Gov Bill 7-1
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2014 Legislative Session: 3rd Session, 40th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE JOHN RUSTAD
MINISTER OF ABORIGINAL RELATIONS AND RECONCILIATION
BILL 7 – 2014
NIS G A'A FINAL AGREEMENT
AMENDMENT ACT, 2014
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
SECTION 1: [Nis g a'a Final Agreement Act,
section 1] applies the
definitions in the
Nis g a'a Final Agreement to the Act.
Section 1 of the Nis g a'a Final Agreement Act, S.B.C. 1999, c. 2, is amended by renumbering the
section as
section 1 (1) and by adding the following subsection:
(2) If a word or expression used in this Act is defined in the Nis g a'a Final Agreement, the word or expression has the same meaning in this Act as in the Nis g a'a Final Agreement, unless the context requires otherwise.
SECTION 2: [Nis g a'a Final Agreement Act, heading to
Part 1] adds a heading to create
Part 1.
2 The following heading is added before
section 2:
Part 1 – Settlement Legislation .
SECTION 3: [Nis g a'a Final Agreement Act, sections 6 and 8] repeals
definitions that are
in the Nis g a'a Final Agreement.
3 Sections 6 (1) and 8 (5) are repealed.
SECTION 4: [Nis g a'a Final Agreement Act,
Part 2] adds
Part 2 to the Act to implement
the Real Property Tax Co-ordination Agreement between the government and
the Nis g a'a Nation.
4 The following
Part is added:
Part 2 – Real Property Taxation
Definitions for
Part
10.01 In this Part:
"improvements" has the same meaning as in the Assessment Act ;
"land" has the same meaning as in the Assessment Act ;
"Nis g a'a land registry" means a land registry that is part of the land title or land registry system established by the Nis g a'a Lisims Government under paragraph 50 of the Nis g a'a Government
Chapter of the Nis g a'a Final Agreement;
"non-citizen" means a person who is not a Nis g a'a citizen;
"property tax agreement" means the Real Property Tax Co-ordination Agreement, dated for reference July 31, 2014, between Her Majesty the Queen in right of the Province of British Columbia and the Nis g a'a Nation, including Schedules A and B attached to the Real Property Tax Co-ordination Agreement and any amendments to the Real Property Tax Co-ordination Agreement that are made in accordance with its terms and published under
section 10.07;
"Provincial Requisitioning Authority" has the same meaning as in the property tax agreement;
"real property" means land or improvements, or both, located within Nis g a'a Lands or an interest in land or improvements, or both, located within Nis g a'a Lands;
"real property taxes" means taxes imposed on the basis of the value of real property.
Authority to impose tax on non-citizen owners
or occupiers and provide exemptions
10.02 Without limiting any provision of this Act, the Nis g a'a Lisims Government may, by law, in accordance with the terms of the property tax agreement,
(
a) impose real property taxes on non-citizens, in respect of their interests in real property, and
(
b) provide exemptions from those real property taxes.
Exemptions from Provincial taxation
10.03 Interests in real property are exempt from taxes under
(
a) the School Act , and
(
b) except to the extent provided in
Article 5.8 of the property tax agreement, the Taxation (Rural Area) Act .
Administration fees
10.04 If the Nis g a'a Lisims Government imposes a real property tax specifically for the purpose of collecting the amount required to pay a requisition from a Provincial Requisitioning Authority and, under the enactment authorizing the requisition, if the requisition were received by a municipality, the municipality would be entitled to an administration fee for collecting tax to pay the requisition, the Nis g a'a Lisims Government is entitled to an administration fee in an amount determined as if the requisition had been received by a municipality.
Excess home owner grants
10.05 In accordance with the property tax agreement, the minister charged with the administration of the Financial Administration Act may pay to the Nis g a'a Nation for a taxation year, from amounts appropriated for the purpose, the amount described as the "Excess Amount" in
Article 12.3 of the property tax agreement.
Application of Municipal Finance Authority Act
10.06 The Municipal Finance Authority Act does not apply in relation to Nis g a'a Lands.
Publication of property tax agreement
10.07 The minister must publish in the Gazette
(
a) the property tax agreement, and any amendment to it, and
(
b) if the property tax agreement is terminated in accordance with its terms, notice of the termination.
Application of Offence Act
10.08
Section 5 of the Offence Act does not apply in relation to this Part.
Transitional Provision
SECTION 5: [Transition – assessment rolls and taxation timelines] authorizes amendments
to assessment rolls and timelines in respect of taxation for the first year
that the Nis g a'a Nation imposes taxes under the Real Property Tax Co-ordination
Agreement.
Transition – assessment rolls and taxation timelines
(1) In this section:
"assessment roll" has the same meaning as in the Assessment Act ;
"assessor" has the same meaning as in the Assessment Act ;
"non-citizen" has the same meaning as in
section 10.01 of the Nis g a'a Final Agreement Act ;
"property tax agreement" has the same meaning as in
section 10.01 of the Nis g a'a Final Agreement Act ;
"Provincial Requisitioning Authority" has the same meaning as in
section 10.01 of the Nis g a'a Final Agreement Act .
(2) On or before April 6 of the first year in which the Nis g a'a Lisims Government exercises its authority under the property tax agreement to impose real property taxes on non-citizens, the Lieutenant Governor in Council may order an assessor to complete an assessment roll for Nis g a'a Lands for that year.
(3) An order under subsection (2) may do any of the following:
(
a) provide for the deletion of parcels of Nis g a'a Lands from the assessment roll for a rural area;
(
b) specify the property to be included in the assessment roll under subsection (2);
(
c) require that a notice of assessment in the form prescribed under the Assessment Authority Act be provided to each person named in the assessment roll under subsection (2);
(
d) specify provisions of the Assessment Act that apply for the purposes of completing the assessment roll under subsection (2);
(
e) provide for appeals from the assessment roll under subsection (2) in specified circumstances, including by applying, or applying with modifications, provisions of the Assessment Act for the purposes of appeals and providing jurisdiction in respect of such appeals to property assessment review panels and the property assessment appeal board;
(
f) require that the net taxable value of a parcel as reflected in the assessment roll from which it is deleted be the same on the assessment roll to which it is added.
(4) An assessment roll completed under subsection (2) of this
section is deemed to be a revised assessment roll completed under the Assessment Act , and, for a taxation year, the definition of "revised assessment roll" in the Assessment Act is deemed to include a reference to an assessment roll completed under subsection (2) of this
section for that taxation year.
(5) Section 74 (5) of the Assessment Act does not apply in respect of an assessment roll completed under this section.
(6) On or before April 6 of the first year in which the Nis g a'a Lisims Government exercises its authority under the property tax agreement to impose real property taxes on non-citizens, the Lieutenant Governor in Council may, by order applicable only for that taxation year, specify a later date by which a power must be exercised or a duty performed in relation to the Nis g a'a Nation by a Provincial Requisitioning Authority than the date by which the power must be exercised or the duty performed by the Provincial Requisitioning Authority under the applicable enactment.
Consequential and Related Amendments
Adoption Act
SECTION 6: [Adoption Act,
section 1] is consequential to the addition by this Bill of
section
29.2 to the
Interpretation Act .
Section 1 (1) of the Adoption Act, R.S.B.C. 1996, c. 5, is amended by repealing the
definitions of "Nis g a'a child" , "Nis g a'a Final Agreement" , "Nis g a'a Lisims Government" , "Nis g a'a Nation" and "Nis g a'a Village" .
Assessment Act
SECTION 7: [Assessment Act,
section 1] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 1 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended
(
a) by repealing the definition of "land title office" and substituting the following:
"land title office" , in relation to real property, means, as applicable, the land title office for the land title district, the land registry office of the treaty first nation for the treaty lands, or the Nis g a'a land registry for the Nis g a'a Lands, in which the real property is located; ,
(
b) by adding the following definition:
"Nis g a'a land registry" has the same meaning as in
section 10.01 of the Nis g a'a Final Agreement Act ; , and
(
c) in the definition of "parcel" by striking out " or treaty lands " and substituting " , treaty lands of a treaty first nation or Nis g a'a Lands, ".
SECTION 8: [Assessment Act,
section 2] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 2 is amended
(
a) by striking out " and taxing treaty first nation " and substituting " and taxing treaty first nation and to the Nis g a'a Lisims Government ",
(
b) in paragraph (
a) by striking out " in the municipality or in the treaty lands of the taxing treaty first nation, " and substituting " in the municipality, the treaty lands of the taxing treaty first nation or Nis g a'a Lands, as applicable, ", and
(
c) in paragraph (
b) by striking out " the municipality or treaty lands " and substituting " the municipality, the treaty lands or Nis g a'a Lands, as applicable, ".
SECTION 9: [Assessment Act,
section 3] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 3 (1) (
a) and (7) (
b) is amended by striking out " the treaty lands of a taxing treaty first nation or " and substituting " the treaty lands of a taxing treaty first nation, Nis g a'a Lands or ".
SECTION 10: [Assessment Act,
section 7] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 7 is amended
(
a) in subsection (2) by striking out " or taxing treaty first nation: " and substituting " or taxing treaty first nation and to the Nis g a'a Lisims Government: ", and
(
b) in subsection (3) by striking out " to the municipality, regional district or taxing treaty first nation " and substituting " to the appropriate municipality, regional district or taxing treaty first nation, and to the Nis g a'a Lisims Government, ".
SECTION 11: [Assessment Act,
section 11] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 11 (
b) is repealed and the following substituted:
(
b) for all purposes, the assessment roll of the municipality, treaty lands of the taxing treaty first nation, Nis g a'a Lands or other rural area, as applicable, until the next revised assessment roll.
SECTION 12: [Assessment Act,
section 19] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 19 is amended
(
a) by repealing subsection (7) and substituting the following:
(7) In determining actual value, the assessor must give consideration to any terms or conditions contained, as applicable,
(
a) in a covenant registered under
section 219 of the Land Title Act ,
(
b) in a covenant or similar instrument registered under a law of a treaty first nation in the land registry office of the treaty first nation, or
(
c) in a covenant or similar instrument registered under a Nis g a'a law in a Nis g a'a land registry. , and
(
b) in subsection (10) by striking out " or " at the end of paragraph (c), by adding " , or " at the end of paragraph (
d) and by adding the following paragraph:
(
e) Nis g a'a Lands designated under a Nis g a'a law enacted for the purpose of conserving and protecting heritage sites and heritage objects.
SECTION 13: [Assessment Act,
section 32] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 32 is amended by adding the following subsection:
(3.2) Subject to the requirements in
section 33, the Nis g a'a Nation may make a complaint against all or any part of the completed assessment roll relating to Nis g a'a Lands, based on any of the grounds specified in subsection (1) of this section.
SECTION 14: [Assessment Act,
section 35] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 35 (2) is repealed and the following substituted:
(2) Despite subsection (1) (c), if the complaint is made under
section 32 (2), (3), (3.1), (3.2) or (4), the requirement set out in subsection (1) (
c) of this
section is satisfied by publication of notice of the hearing in 2 current issues of a newspaper circulating in the municipality, the treaty lands of the taxing treaty first nation, Nis g a'a Lands or the other rural area, in which the property that is the subject of the complaint is located.
SECTION 15: [Assessment Act,
section 38] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 38 (1) is amended by striking out " or other rural area. " and substituting " , Nis g a'a Lands or other rural area. "
SECTION 16: [Assessment Act,
section 51] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 51 is amended by repealing paragraph (
c) and substituting the following:
(
c) if the property is located in a municipality, a regional district or the treaty lands of a taxing treaty first nation, the municipality, regional district or taxing treaty first nation, as applicable;
(c.1) if the property is located in Nis g a'a Lands, the Nis g a'a Nation; .
SECTION 17: [Assessment Act,
section 52] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 52 (2) is amended by striking out " or " at the end of paragraph (
a) and by adding the following paragraph:
(a.1) if the property is located in Nis g a'a Lands, the Nis g a'a Nation, or .
SECTION 18: [Assessment Act,
section 57] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 57 is amended
(
a) in subsection (1) (
a) by striking out " or other rural area, " and substituting " , Nis g a'a Lands or other rural area, ",
(
b) in subsection (4) by striking out " or another rural area, " and substituting " , Nis g a'a Lands or other rural area, ", and
(
c) in subsection (4) (
a) and (
b) by striking out " or rural area, " and substituting " , Nis g a'a Lands or other rural area, ".
SECTION 19: [Assessment Act,
section 65] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 65 (1) is amended by striking out " the government or " and substituting " the government, the Nis g a'a Nation or ".
SECTION 20: [Assessment Act,
section 66] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 66 is amended by adding the following subsection:
(4) In the case of the North West Regional Hospital District, in addition to the information provided under subsection (3), the assessment authority must provide free of charge the net taxable value of all land and improvements in Nis g a'a Lands.
SECTION 21: [Assessment Act,
section 68] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 68 (4) (
b) is amended by adding the following subparagraph:
(ii.1) the Nis g a'a Lisims Government; .
Assessment Authority Act
SECTION 22: [Assessment Authority Act,
section 17] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
Section 17 (2) of the Assessment Authority Act, R.S.B.C. 1996, c. 21, is amended
(
a) in paragraph (
a) by striking out " and the treaty lands referred to in paragraph (b), and " and substituting " , the treaty lands referred to in paragraph (
b) of this subsection and Nis g a'a Lands, ",
(
b) by adding " , and " at the end of paragraph (b), and
(
c) by adding the following paragraph:
(
c) specify the rates to be applied to the net taxable value of all land and improvements in Nis g a'a Lands in order to calculate the amount of a requisition under
section 20 (4.3).
SECTION 23: [Assessment Authority Act,
section 19] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
Section 19 is amended by striking out " treaty first nation, " and substituting " treaty first nation and Nis g a'a Lands, ".
SECTION 24: [Assessment Authority Act,
section 19.1] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
Section 19.1 is amended
(
a) in subsection (1) by striking out " under
section 17 (2) (b). " and substituting " referred to in
section 17 (2) (b). ",
(
b) by adding the following subsection:
(1.1) Subject to this section, property that is in Nis g a'a Lands and exempt
(
a) under Nis g a'a laws from property taxation imposed by the Nis g a'a Lisims Government, or
(
b) under the Taxation Agreement, as defined in
section 6.1 of the Nis g a'a Final Agreement Act , from property taxation imposed under this Act
must be treated as if it were exempt for the purposes of calculating the rates under
section 17 (1.1) of this Act and the amount of a requisition referred to in
section 17 (2) (
c) of this Act. ,
(
c) in subsections (2) and (4) by striking out " under
section 17 (2) (
b) if " and substituting " referred to in
section 17 (2) (
b) or (c), as applicable, if ",
(
d) in subsection (5)
(
i) by striking out " that have the same effect in respect of its treaty lands as " and substituting " or Nis g a'a laws, that have the same effect in respect of the treaty lands of the taxing treaty first nation or Nis g a'a Lands, as applicable, as ", and
(ii) by striking out " under
section 17 (2) (b), " and substituting " referred to in
section 17 (2) (
b) or (c), as applicable, ",
(
e) in subsection (7) (
a) by striking out " treaty first nation " and substituting " taxing treaty first nation or Nis g a'a laws, as applicable, ",
(
f) in subsection (7) (
b) by striking out " treaty first nation, " and substituting " taxing treaty first nation or Nis g a'a laws, as applicable, ",
(
g) in subsection (8) (
a) by striking out " under
section 17 (2) (b), " and substituting " referred to in
section 17 (2) (
b) or (c), as applicable, ",
(
h) in subsection (8) (
b) by striking out " law of the treaty first nation. " and substituting " laws of the taxing treaty first nation or Nis g a'a laws, as applicable. ", and
(
i) by repealing subsection (9) and substituting the following:
(9) Property must not be treated as exempt for the purposes of calculating the rates under
section 17 (1.1) or the amount of a requisition referred to in
section 17 (2) (
b) or (
c) if the property is exempted from property tax under, as applicable,
(
a) a law of a taxing treaty first nation that has the same effect in respect of its treaty lands, or
(
b) a Nis g a'a law that has the same effect in respect of Nis g a'a Lands
as a bylaw has under
section 226 [revitalization tax exemptions] of the Community Charter in respect of land within a municipality.
SECTION 25: [Assessment Authority Act,
section 20] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
Section 20 is amended
(
a) by adding the following subsection:
(4.3) On or before April 30 in each year, the authority must forward to the Nis g a'a Nation
(
a) a requisition for the amount
(
i) determined by applying the rates approved under
section 17 (2) (
c) to the net taxable value of all land and improvements in Nis g a'a Lands,
(ii) payable on or before August 1 of the same year, and
(iii) bearing interest at the rate prescribed under subsection (7) of this
section on any part of that amount remaining unpaid on August 1, and
(
b) a statement of the rates referred to in paragraph (
a) of this subsection. , and
(
b) in subsection (7) by striking out " subsection (6). " and substituting " subsections (4.3) and (6). "
Child, Family and Community Service Act
SECTION 26: [Child, Family and Community Service Act,
section 1] is consequential to the
addition by this Bill of
section 29.2 to the
Interpretation Act .
Section 1 (1) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended by repealing the
definitions of "Nis g a'a child" , "Nis g a'a Final Agreement" , "Nis g a'a Lisims Government" , "Nis g a'a Nation" and "Nis g a'a Village" .
Evidence Act
SECTION 27: [Evidence Act,
section 58] is consequential to the addition by this Bill of
section
29.2 to the
Interpretation Act .
Section 58 (1) of the Evidence Act, R.S.B.C. 1996, c. 124, is repealed and the following substituted:
(1) In this section, "trust council" has the same meaning as in the Islands Trust Act .
Family Law Act
SECTION 28: [Family Law Act,
section 208] is consequential to the addition by this Bill of
section 29.2 to the
Interpretation Act .
Section 208 (1) of the Family Law Act, S.B.C. 2011, c. 25, is repealed.
Forest Act
SECTION 29: [Forest Act,
section 176] is consequential to the addition by this Bill of
section
29.2 to the
Interpretation Act .
Section 176 of the Forest Act, R.S.B.C. 1996, c. 157, is repealed.
Forest and Range Practices Act
SECTION 30: [Forest and Range Practices Act,
section 216] is consequential to the addition
by this Bill of
section 29.2 to the
Interpretation Act .
Section 216 (1) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is repealed.
Home Owner Grant Act
SECTION 31: [Home Owner Grant Act,
section 6.1] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
Section 6.1 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended by renumbering the
section as
section 6.1 (1) and by adding the following subsection:
(2) An owner is not eligible for a grant or a supplement under this Act in relation to the owner's interest in Nis g a'a Lands.
Hospital District Act
SECTION 32: [Hospital District Act, Division 4 of
Part 2] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
32 The Hospital District Act, R.S.B.C. 1996, c. 202, is amended by adding the following Division to
Part 2:
Division 4
Membership of the Nis g a'a Lands in the
North West Regional Hospital District
17.2
(1) In this section:
"board" means the board of the district;
"district" means the North West Regional Hospital District;
"Wilp Si'ayuu k hl Nis g a'a" means Wilp Si'ayuu k hl Nis g a'a referred to in
section 31 (1) (
a) of the Nis g a'a Constitution , as defined in the Nis g a'a Final Agreement.
(2) Subject to this section, this Act applies in relation to the membership of Nis g a'a Lands in the district.
(3) In addition to the matters set out in
section 3 (1), the letters patent of the district must specify
(
a) the boundaries of Nis g a'a Lands as a member of the district, and
(4) Despite
section 8 (1), the board of the district includes a director who is a member of Wilp Si'ayuu k hl Nis g a'a and appointed to the board by the Nis g a'a Nation.
(5) A person must not be appointed under subsection (4) unless the person
(
a) is an elected member of Wilp Si'ayuu k hl Nis g a'a, and
(
b) is qualified to hold office as a member of a local government in accordance with
section 66 [who may hold office on a local government] of the Local Government Act .
(6) Before taking office, a person appointed under subsection (4) must make an oath or solemn affirmation, and, for that purpose,
section 210 [oath of office for board members] of the Local Government Act applies.
(7) Section 67 [disqualification of local government employees] of the Local Government Act does not apply in relation to a director appointed under subsection (4) of this section.
(8) The director appointed under subsection (4) holds office in accordance with
section 10 (
b) unless one of the following occurs during the director's tenure under that section:
(
a) another director takes office in the original director's place;
(
b) the director ceases to be an elected member of Wilp Si'ayuu k hl Nis g a'a before the director's term of office as a member of Wilp Si'ayuu k hl Nis g a'a ends;
(
c) the director's term of office as a member of Wilp Si'ayuu k hl Nis g a'a ends;
(
d) the director ceases to be qualified in accordance with subsection (5) (
b) of this section.
(9) For the purposes of the application of
section 11 (2) and (3) in relation to a director appointed under subsection (4) of this section,
(
a) a reference in
section 11 (2) to a member municipality is to be read as a reference to Nis g a'a Lands, and
(
b) a reference in
section 11 (2) or (3) to the council is to be read as a reference to the Nis g a'a Nation.
(10) For the purposes of the application of
section 20 (1) to the Nis g a'a Nation, the purposes of the district are deemed to include
(
a) the assumption, at the option of the Nis g a'a Nation, of obligations of the Nis g a'a Nation with respect to the repayment of
(
i) money borrowed and provided for the financing of hospital projects, and
(ii) interest on that money, and
(
b) the reimbursement, at the option of the Nis g a'a Nation, to the Nis g a'a Nation of
(
i) money raised or obtained otherwise than by borrowing, and
(ii) money provided for financing hospital projects.
(11) Subsection (10) does not apply to any money borrowed, raised or otherwise obtained by the Nis g a'a Nation before Nis g a'a Lands became a member of the district.
(12) For the purposes of
section 24, the secretary of the district must include Nis g a'a Lands as a member of the district in the apportionment among the members of amounts required under the district's budget, which apportionment must be on the basis of the net taxable values of land or improvements, determined in accordance with
section 24 (1) (a), in Nis g a'a Lands.
(13) For certainty,
section 24 (3) does not apply in relation to Nis g a'a Lands.
(14) Under
section 25,
(
a) for the purposes of and in the time specified in
section 25 (1), the secretary of the district must send to the Nis g a'a Nation a requisition stating the amount required from the Nis g a'a Nation on or before August 1 of the current year and the rates applied to the net taxable value of land and improvements in Nis g a'a Lands to determine that amount,
(
b) no requisition to the minister under
section 25 (3) is required in relation to Nis g a'a Lands,
(
c) amounts apportioned to the Nis g a'a Nation must be excluded from the notice under
section 25 (4) (b),
(
d) notice must be given under
section 25 (4) (
c) of the rates that, if applied to the net taxable value of Nis g a'a Lands, would generate the amount requisitioned from the Nis g a'a Nation under
section 24 (1) as it applies under subsection (12) of this section, and
(
e) for the purposes of
section 25 (9), the information referred to in
section 66 (4) of the Assessment Act is included in the information referred to in
section 25 (1), (3) and (7) of this Act.
(15) Sections 26, 28 and 29 do not apply in relation to Nis g a'a Lands.
(16) Section 28.1 applies to Nis g a'a Lands as a member of the district and, for that purpose,
(
a) a reference in that
section to the treaty lands of a taxing treaty first nation is to be read as a reference to Nis g a'a Lands,
(
b) a reference in that
section to a taxing treaty first nation is to be read as a reference to the Nis g a'a Nation, and
(
c) a reference in that
section to a tax treatment agreement is to be read as a reference to the Taxation Agreement, as defined in
section 6.1 of the Nis g a'a Final Agreement Act .
Hospital Insurance Act
SECTION 33: [Hospital Insurance Act,
section 1] is consequential to the addition by this
Bill of
section 29.2 to the
Interpretation Act .
Section 1 of the Hospital Insurance Act, R.S.B.C. 1996, c. 204, is amended by repealing the definition of "Nis g a'a Nation" .
Hydro and Power Authority Act
SECTION 34: [Hydro and Power Authority Act,
section 34.2] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
34 The Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is amended by adding the following section:
Grants to Nis g a'a Lisims Government
34.2
(1) In this section, "Real Property Tax Co-ordination Agreement" has the same meaning as "property tax agreement" in
section 10.01 of the Nis g a'a Final Agreement Act .
(2) With the approval of the Lieutenant Governor in Council, the authority may make annual grants to the Nis g a'a Nation with respect to Nis g a'a Lands within which the authority generates, transmits or sells electric power or otherwise carries on business.
(3) An annual grant under subsection (2) must be made in accordance with the terms of the Real Property Tax Co-ordination Agreement.
(4) The Assessment Act and Assessment Authority Act apply to the authority for the purposes of making annual grants under subsection (2).
(5) Grants under subsection (2) may be made for any taxation year in which the Nis g a'a Nation imposes taxes in accordance with the Real Property Tax Co-ordination Agreement, whether the taxation year occurs before or after, or partly before or after, the date this
section comes into force.
(6) Subsection (5) is retroactive to the extent necessary to give it full force and effect with respect to any taxation year described in that subsection.
Interpretation Act
SECTION 35: [Interpretation Act,
section 29.2] provides that terms defined in the Nis g a'a
Final Agreement Act that are most commonly used in enactments apply to
enactments relating to the Nis g a'a Nation.
35 The
Interpretation Act, R.S.B.C. 1996, c. 238, is amended by adding the following section:
Definitions in relation to Nis g a'a Final Agreement
29.2
(1) In an enactment, "Nis g a'a child" , "Nis g a'a citizen" , "Nis g a'a Government" , "Nis g a'a Lands" , "Nis g a'a laws" , "Nis g a'a Lisims Government" , "Nis g a'a Nation" , Nis g a'a Village" and "Nis g a'a Village Government" have the same meaning as in the
Definitions
Chapter of the Nis g a'a Final Agreement.
(2) In an enactment, "Nis g a'a Final Agreement" has the same meaning as in the Nis g a'a Final Agreement Act .
Land Title Act
SECTION 36: [Land Title Act,
section 1] is consequential to the addition by this Bill of
section
29.2 to the
Interpretation Act .
Section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by repealing the
definitions of "Nis g a'a Final Agreement" , "Nis g a'a Lands" , "Nis g a'a law" , "Nis g a'a Lisims Government" , "Nis g a'a Nation" , "Nis g a'a Village" and "Nis g a'a Village Government" .
Liquor Control and Licensing Act
SECTION 37: [Liquor Control and Licensing Act,
section 7] is consequential to the addition
by this Bill of
section 29.2 to the
Interpretation Act .
Section 7 (8) of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is repealed and the following substituted:
(8) In this section, "Nis g a'a designate" means a person designated under paragraph 114 of the Nis g a'a Government
Chapter of the Nis g a'a Final Agreement.
Local Government Act
SECTION 38: [Local Government Act,
section 301.1] is consequential to the addition by this
Bill of
section 29.2 to the
Interpretation Act .
Section 301.1 (1) of the Local Government Act, R.S.B.C. 1996, c. 323, is repealed.
Manufactured Home Tax Act
SECTION 39: [Manufactured Home Tax Act,
section 2] applies the Act in relation to
Nis g a'a Nation real property taxation.
Section 2 of the Manufactured Home Tax Act, R.S.B.C. 1996, c. 281, is repealed and the following substituted:
Manufactured home an improvement
(1) Subject to sections 3 and 4, a manufactured home, whether or not it falls within the definition of "improvement" under the Assessment Act , Community Charter , Nis g a'a Final Agreement Act , School Act , Taxation (Rural Area) Act , Treaty First Nation Taxation Act , Vancouver Charter or any other Act, is an improvement
(
a) for the purposes of real property assessment in Nis g a'a Lands, and
(
b) for the purposes of real property assessment and taxation elsewhere.
(2) A manufactured home that is an improvement under subsection (1) must be assessed under subsection (1) (
a) or assessed and taxed under subsection (1) (b), as applicable, in the name of the owner of the land on which the manufactured home is located at the time of the assessment.
SECTION 40: [Manufactured Home Tax Act,
section 3] is consequential to applying the Act
to Nis g a'a Nation real property taxation.
Section 3 is amended
(
a) in subsection (1) by striking out " must be assessed and taxed under
section 2 " and substituting " must be assessed, or assessed and taxed, as applicable, under
section 2 ", and
(
b) in subsection (3) by striking out " assessed and taxed " in both places and substituting " assessed or assessed and taxed ".
SECTION 41: [Manufactured Home Tax Act,
section 4] disapplies the Act in relation to
manufactured homes owned and occupied by or on behalf of the Nis g a'a
Nation.
Section 4 is amended by adding the following paragraph:
(a.2) owned and occupied by or on behalf of one or more of the Nis g a'a Nation and a Nis g a'a Village, .
Miscellaneous Statutes Amendment Act (No. 3), 2010
SECTION 42: [Miscellaneous Statutes Amendment Act (No. 3), 2010,
section 30] is consequential
to the addition by this Bill of
section 29.2 to the
Interpretation Act .
Section 30 (
b) of the Miscellaneous Statutes Amendment Act (No. 3), 2010, S.B.C. 2010, c. 21, is repealed.
Municipalities Enabling and Validating Act (No. 4)
SECTION 43: [Municipalities Enabling and Validating Act (No. 4),
Part 2] is consequential
to the implementation of provisions of the Real Property Tax Co-ordination
Agreement.
43 The Municipalities Enabling and Validating Act (No. 4), S.B.C. 2011, c. 14, is amended by adding the following Part:
Part 2 – 2014
Regional district services to Nis g a'a Lands
(1) In this section:
"Real Property Tax Co-ordination Agreement" has the same meaning as "property tax agreement" in
section 10.01 of the Nis g a'a Final Agreement Act ;
"regional district" means the Kitimat-Stikine Regional District;
"Services and Requisitions Agreement" has the same meaning as in the Real Property Tax Co-ordination Agreement and includes an agreement under
Article 5.5 of the Real Property Tax Co-ordination Agreement.
(2) The following provisions of the Local Government Act do not apply in relation to the provision of services on Nis g a'a Lands by the regional district:
(a)
section 803 (1) (
a) and (b);
(
b) section 804.3 (1) and (5).
(3) The regional district may enter into a Services and Requisitions Agreement setting out the agreement of the parties in relation to the cost of services provided by the regional district on Nis g a'a Lands and the delivery of requisitions to the Nis g a'a Nation in relation to those costs.
(4) An agreement under subsection (3) is to include the following terms:
(
a) for the purposes of apportioning the costs of services, Nis g a'a Lands do not form part of Electoral Area "A" and are to be treated as a separate participating area;
(
b) the costs of providing the services referred to in
section 800 (2) (
a) and (
b) of the Local Government Act are to be apportioned among all participating areas on the basis of the converted value of land and improvements in the service area;
(
c) a requisition from the regional district to the Nis g a'a Nation is to be sent on or before April 10 in each year.
(5) For the purposes of the application of
section 803.1 (6) of the Local Government Act to the regional district, the reference in that
section to "the costs that are to be recovered by means of property value taxes" includes any amount requisitioned in relation to the service from the Nis g a'a Nation under the Services and Requisitions Agreement.
(6) For the purposes of
section 804.2 of the Local Government Act , Nis g a'a Lands are a participating area of the regional district.
(7) For certainty, nothing in this
section limits any provision of the Nis g a'a Final Agreement Act .
Police Act
SECTION 44: [Police Act,
section 3] is consequential to the implementation of provisions of
the Real Property Tax Co-ordination Agreement.
Section 3 (1.1) of the Police Act, R.S.B.C. 1996, c. 367, is amended by striking out "
section 66.2 (1.1) (b). " and substituting "
section 66.2 (1.1) (
b) or to Nis g a'a Lands if
section 66.2 (1.11) (
b) applies. "
SECTION 45: [Police Act,
section 26] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 26 (1.1) is repealed and the following substituted:
(1.1) If a municipality has entered into an agreement referred to in
section 66.2 (1.1) (
b) with a treaty first nation, or an agreement referred to in
section 66.2 (1.11) (
b) with the Nis g a'a Nation, for the duration of the agreement, the reference in subsection (1) of this
section to "municipality" must be read as including the treaty lands of the treaty first nation or Nis g a'a Lands, as applicable.
SECTION 46: [Police Act,
section 27] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
Section 27 (1.1) is repealed and the following substituted:
(1.1) If a municipality has entered into an agreement referred to in
section 66.2 (1.1) (
b) with a treaty first nation, or an agreement referred to in
section 66.2 (1.11) (
b) with the Nis g a'a Nation, for the duration of the agreement, the reference in subsection (1) of this
section to "municipality" must be read as including the treaty lands of the treaty first nation or Nis g a'a Lands, as applicable.
SECTION 47: [Police Act,
section 66.2] adds or amends
definitions necessary to apply the
police tax scheme to the Nis g a'a Nation.
Section 66.2 (1) is amended
(
a) by repealing the definition of "contributing area" and substituting the following:
"contributing area" , in relation to a taxation year, means
(
a) a municipality that is not providing policing and law enforcement under
section 3 (2) on April 1 of the taxation year,
(
b) treaty lands of a treaty first nation,
(
c) an electoral area, excluding Nis g a'a Lands in the case of Electoral Area "A" of the Kitimat-Stikine Regional District,
(
d) the area of the Province outside a regional district, or
(
e) Nis g a'a Lands; ,
(
b) by adding the following definition:
"Nis g a'a pipeline lands" means Nis g a'a Lands, including improvements, that are owned, held, used or occupied for the purpose of the transmission of natural gas or petroleum by pipeline or for purposes directly ancillary to that purpose, but does not include any improvements, whether or not using or occupying the same land, if the improvements are for any other purpose; ,
(
c) in paragraph (
b) of the definition of "owner" by striking out " or another rural area, " and substituting " , Nis g a'a Lands or another rural area, ",
(
d) in paragraph (
a) of the definition of "police taxes" by striking out " taxing treaty first nation, means amounts levied under this Part, and " and substituting " taxing treaty first nation or Nis g a'a Lands, means taxes levied under this Part, ", and
(
e) in the definition of "police taxes" by repealing paragraph (
b) and substituting the following:
(
b) in relation to the treaty lands of a taxing treaty first nation, means amounts requisitioned from the taxing treaty first nation by notice under
section 66.4 (1) (b), and
(
c) in relation to Nis g a'a Lands, means amounts requisitioned from the Nis g a'a Nation by notice under
section 66.4 (1) (
b) and, beginning in the 2025 taxation year, the amount set out for Nis g a'a pipeline lands in a notice under
section 66.4 (2) (b); .
SECTION 48: [Police Act,
section 66.2] provides an exemption from police tax if the
Nis g a'a Nation is paying for policing and law enforcement services under an
agreement with the minister or a municipality.
Section 66.2 is amended
(
a) in subsection (1.1) by striking out " paragraph (a.1) of the definition of "contributing area" " and substituting " paragraph (
b) of the definition of "contributing area" in subsection (1) ",
(
b) by adding the following subsection:
(1.11) Despite paragraph (
e) of the definition of "contributing area" in subsection (1), Nis g a'a Lands are not a contributing area for a taxation year if, for that taxation year, the Nis g a'a Nation provides funding for policing and law enforcement services within Nis g a'a Lands under an agreement under this
section
(
a) with the minister, respecting funding for policing and law enforcement services provided within Nis g a'a Lands by the provincial police force, or
(
b) with a municipality that has a municipal police department, respecting funding for policing and law enforcement services provided within Nis g a'a Lands by the municipal police department. , and
(
c) in subsection (1.2) by striking out " An agreement under subsection (1.1) " and substituting " Agreements under subsections (1.1) and (1.11) ".
SECTION 49: [Police Act,
section 66.21] authorizes the province to requisition police taxes
from the Nis g a'a Nation in relation to Nis g a'a Lands that are not owned, held,
used or occupied for pipeline purposes.
Section 66.21 (1) is repealed and the following substituted:
(1) The Province may
(
a) levy a tax in cases of contributing areas that are neither treaty lands of a taxing treaty first nation nor Nis g a'a Lands other than Nis g a'a pipeline lands, and
(
b) requisition amounts in cases of contributing areas that are treaty lands of a taxing treaty first nation or Nis g a'a Lands other than Nis g a'a pipeline lands
to raise revenue for the cost of providing policing and law enforcement services in all contributing areas.
(1.1) Despite subsection (1) (a), the Province may levy police taxes in Nis g a'a pipeline lands beginning only in the 2025 taxation year.
SECTION 50: [Police Act,
section 66.3] enables the apportionment to Nis g a'a Lands of a
portion of the amount to be raised by police taxes from contributing areas and
provides for further apportionment of taxes apportioned to Nis g a'a Lands
between the Nis g a'a Lands defined as Nis g a'a pipeline lands and the other
Nis g a'a Lands.
Section 66.3 is amended
(
a) in subsection (3) by adding " and " at the end of paragraph (a), by repealing paragraphs (
b) and (
c) and by substituting the following:
(
b) determine the rates that, if applied to the net taxable value of land and improvements in each contributing area, would generate the amount apportioned to it under paragraph (a). , and
(
b) by adding the following subsection:
(8) For the purposes of
section 66.4 (1), the amount apportioned under subsection (3) (
a) of this
section to Nis g a'a Lands must be further apportioned between Nis g a'a pipeline lands and the other Nis g a'a Lands by applying the rates determined under subsection (3) (
b) of this
section for Nis g a'a Lands to the net taxable value of land and improvements in each of the Nis g a'a pipeline lands and the other Nis g a'a Lands.
SECTION 51: [Police Act,
section 66.4] provides for requisitioning police taxes apportioned
to Nis g a'a Lands.
Section 66.4 is repealed and the following substituted:
Requisitioning police taxes
66.4
(1) On or before May 10 in each year, the revenue minister must send to the collector of each municipality that is a contributing area, to each taxing treaty first nation, unless
section 66.2 (1.1) applies to the treaty lands of the taxing treaty first nation for the taxation year, and to the Nis g a'a Nation, unless
section 66.2 (1.11) applies to Nis g a'a Lands for the taxation year, a notice setting out
(
a) the net taxable value of land and improvements in, as applicable, the municipality, treaty lands of the taxing treaty first nation or Nis g a'a Lands other than Nis g a'a pipeline lands,
(
b) the amount of police taxes apportioned, as applicable, to the municipality or taxing treaty first nation under
section 66.3 (3) (
a) or (6) (a), as applicable, or further apportioned to Nis g a'a Lands, other than Nis g a'a pipeline lands, under
section 66.3 (8), and
(
c) the rates determined, as applicable, for the municipality or treaty lands of the taxing treaty first nation under
section 66.3 (3) (
b) or (6) (c), or Nis g a'a Lands under
section 66.3 (3) (b).
(2) On or before May 10 in each year, the revenue minister must send to the Surveyor of Taxes a notice setting out
(
a) the net taxable value of land and improvements
(
i) in the treaty lands of each treaty first nation, except the treaty lands of taxing treaty first nations,
(ii) in each electoral area in the Province, excluding Nis g a'a Lands in the case of Electoral Area "A" of the Kitimat-Stikine Regional District,
(iii) beginning in the 2025 taxation year, in Nis g a'a pipeline lands, and
(iv) in the area of the Province outside a regional district,
(
b) the amount of police taxes apportioned under
section 66.3 (3) (a), (6) (
a) or (8)
(
i) to the treaty lands of each treaty first nation, except the treaty lands of taxing treaty first nations,
(ii) to each electoral area in the Province, excluding Nis g a'a Lands in the case of Electoral Area "A" of the Kitimat-Stikine Regional District,
(iii) beginning in the 2025 taxation year, to Nis g a'a pipeline lands, and
(iv) to the area of the Province outside a regional district, and
(
c) the rates determined under
section 66.3 (3) (
b) or (6) (b)
(
i) for the treaty lands of each treaty first nation, except the treaty lands of taxing treaty first nations,
(ii) for each electoral area in the Province, excluding Nis g a'a Lands in the case of Electoral Area "A" of the Kitimat-Stikine Regional District,
(iii) beginning in the 2025 taxation year, for Nis g a'a pipeline lands, and
(iv) for the area of the Province outside a regional district.
SECTION 52: [Police Act,
section 66.5] disapplies the
section from owners of Nis g a'a
Lands.
Section 66.5 is amended by striking out " not treaty lands of a taxing treaty first nation " and substituting " neither treaty lands of a taxing treaty first nation nor Nis g a'a Lands, other than Nis g a'a pipeline lands, ".
SECTION 53: [Police Act,
section 66.63] specifies when the Nis g a'a Nation is to pay the
Minister of Finance the amount of police taxes requisitioned from it.
53 The following
section is added:
Payment of police taxes by Nis g a'a Nation
66.63 The amount specified in a notice received by the Nis g a'a Nation under
section 66.4 (1) as the amount of police taxes apportioned to Nis g a'a Lands, other than Nis g a'a pipeline lands, is a requisition from the finance minister, payable on or before August 1 of the year in which the notice is sent and bearing interest at the rate prescribed under
section 66.71 (3) from August 1 until the date the amount is received by the finance minister.
SECTION 54: [Police Act,
section 66.7] disapplies the Taxation (Rural Area) Act from the
police taxes requisitioned from the Nis g a'a Nation.
Section 66.7 (3) is repealed and the following substituted:
(3) Subject to this Part and to the Assessment Act , the Taxation (Rural Area) Act applies to the assessment, levy, collection and recovery of police taxes, including to the addition of penalties and interest to delinquent police taxes, as if the police taxes were taxes imposed under the Taxation (Rural Area) Act , in
(
a) the treaty lands of a treaty first nation, except the treaty lands of taxing treaty first nations,
(
b) an electoral area, excluding Nis g a'a Lands in the case of Electoral Area "A" of the Kitimat-Stikine Regional District,
(
c) Nis g a'a pipeline lands, and
(
d) the area of the Province outside a regional district.
SECTION 55: [Police Act,
section 66.71] imposes interest on police taxes requisitioned from
the Nis g a'a Nation that remain unpaid after their due date.
Section 66.71 is amended
(
a) by repealing subsection (1) (
a) and (
b) and substituting the following:
(
a) a municipality is required to pay to the finance minister under
section 66.51, a taxing treaty first nation is required to pay to the finance minister under
section 66.62 or are requisitioned from the Nis g a'a Nation by the finance minister under
section 66.63, and
(
b) have not been paid in accordance with
section 66.51, 66.62 or 66.63, as applicable. ,
(
b) in subsection (4) by striking out " or taxing treaty first nation " and substituting " , a taxing treaty first nation or the Nis g a'a Nation ",
(
c) in subsection (4) (
a) by striking out " or taxing treaty first nation's " and substituting " , taxing treaty first nation's or Nis g a'a Nation's ", and
(
d) by repealing subsection (5) and substituting the following:
(5) If a notice is sent under subsection (4) and the applicable municipality, the applicable taxing treaty first nation or the Nis g a'a Nation does not pay the unpaid taxes and the interest referred to in the notice by the date required, the Surveyor of Taxes may disallow all or part of the administration fee that the municipality, taxing treaty first nation or Nis g a'a Nation would otherwise be entitled to under
section 66.9.
SECTION 56: [Police Act,
section 66.81] provides for the collection by the Surveyor of
Taxes of police taxes imposed in relation to Nis g a'a Lands owned, held, used
or occupied for pipeline purposes.
Section 66.81 (2) is amended by striking out " or area outside a regional district, " and substituting " , area outside a regional district or, beginning in the 2025 taxation year, Nis g a'a pipeline lands, ".
School Act
SECTION 57: [School Act,
section 86] is consequential to the addition by this Bill of
section
29.2 to the
Interpretation Act .
Section 86 (3.2) of the School Act, R.S.B.C. 1996, c. 412, is repealed.
Secure Care Act
SECTION 58: [Secure Care Act,
section 1] is consequential to the addition by this Bill of
section 29.2 to the
Interpretation Act .
Section 1 of the Secure Care Act, S.B.C. 2000, c. 28, is amended by repealing the
definitions of "Nis g a'a child" , "Nis g a'a Final Agreement" and "Nis g a'a Lisims Government" .
Tourist Accommodation (Assessment Relief) Act
SECTION 59: [Tourist Accommodation (Assessment Relief) Act,
section 1] applies the Act
in relation to Nis g a'a property taxation.
Section 1 of the Tourist Accommodation (Assessment Relief) Act, R.S.B.C. 1996, c. 454, is amended in the definition of "designated Act" by striking out " the Police Act , " and substituting " the Nis g a'a Final Agreement Act , the Police Act , ".
Water Act
SECTION 60: [Water Act,
section 44.1] is consequential to the addition by this Bill of
section
29.2 to the
Interpretation Act .
Section 44.1 (1) of the Water Act, R.S.B.C. 1996, c. 483, is repealed.
Water Sustainability Act
SECTION 61: [Water Sustainability Act,
section 1] is consequential to the addition by this
Bill of
section 29.2 to the
Interpretation Act .
Section 1 (1) of the Water Sustainability Act, S.B.C. 2014, c. 15, is amended by repealing the definition of "Nis g a'a Final Agreement" .
SECTION 62: [Water Sustainability Act,
section 69] is consequential to the addition by this
Bill of
section 29.2 to the
Interpretation Act .
Section 69 (1) is amended by repealing the definition of "Nis g a'a Government" .
Wills, Estates and Succession Act
SECTION 63: [Wills, Estates and Succession Act,
section 1] is consequential to the addition
by this Bill of
section 29.2 to the
Interpretation Act .
Section 1 (1) of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13, is amended by repealing the
definitions of "Nis g a'a citizen" , "Nis g a'a Final Agreement" , "Nis g a'a Lands" , "Nis g a'a law" , "Nis g a'a Lisims Government" and "Nis g a'a Village Government" .
Commencement
64 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
Item
Column 1
Provisions of Act
Column 2
Commencement
Anything not elsewhere covered by this table
The date of Royal Assent
Sections 1 to 5
By regulation of the Lieutenant Governor in Council
Sections 7 to 25
By regulation of the Lieutenant Governor in Council
Sections 31 and 32
By regulation of the Lieutenant Governor in Council
Section 34
By regulation of the Lieutenant Governor in Council
Sections 39 to 41
By regulation of the Lieutenant Governor in Council
Sections 43 to 56
By regulation of the Lieutenant Governor in Council
Section 59
By regulation of the Lieutenant Governor in Council
Explanatory Notes
SECTION 1: [Nis g a'a Final Agreement Act,
section 1] applies the
definitions in the
Nis g a'a Final Agreement to the Act.
SECTION 2: [Nis g a'a Final Agreement Act, heading to
Part 1] adds a heading to create
Part 1.
SECTION 3: [Nis g a'a Final Agreement Act, sections 6 and 8] repeals
definitions that are
in the Nis g a'a Final Agreement.
SECTION 4: [Nis g a'a Final Agreement Act,
Part 2] adds
Part 2 to the Act to implement
the Real Property Tax Co-ordination Agreement between the government and
the Nis g a'a Nation.
SECTION 5: [Transition – assessment rolls and taxation timelines] authorizes amendments
to assessment rolls and timelines in respect of taxation for the first year
that the Nis g a'a Nation imposes taxes under the Real Property Tax Co-ordination
Agreement.
SECTION 6: [Adoption Act,
section 1] is consequential to the addition by this Bill of
section
29.2 to the
Interpretation Act .
SECTION 7: [Assessment Act,
section 1] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 8: [Assessment Act,
section 2] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 9: [Assessment Act,
section 3] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 10: [Assessment Act,
section 7] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 11: [Assessment Act,
section 11] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 12: [Assessment Act,
section 19] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 13: [Assessment Act,
section 32] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 14: [Assessment Act,
section 35] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 15: [Assessment Act,
section 38] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 16: [Assessment Act,
section 51] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 17: [Assessment Act,
section 52] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 18: [Assessment Act,
section 57] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 19: [Assessment Act,
section 65] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 20: [Assessment Act,
section 66] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 21: [Assessment Act,
section 68] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 22: [Assessment Authority Act,
section 17] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
SECTION 23: [Assessment Authority Act,
section 19] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
SECTION 24: [Assessment Authority Act,
section 19.1] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
SECTION 25: [Assessment Authority Act,
section 20] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
SECTION 26: [Child, Family and Community Service Act,
section 1] is consequential to the
addition by this Bill of
section 29.2 to the
Interpretation Act .
SECTION 27: [Evidence Act,
section 58] is consequential to the addition by this Bill of
section
29.2 to the
Interpretation Act .
SECTION 28: [Family Law Act,
section 208] is consequential to the addition by this Bill of
section 29.2 to the
Interpretation Act .
SECTION 29: [Forest Act,
section 176] is consequential to the addition by this Bill of
section
29.2 to the
Interpretation Act .
SECTION 30: [Forest and Range Practices Act,
section 216] is consequential to the addition
by this Bill of
section 29.2 to the
Interpretation Act .
SECTION 31: [Home Owner Grant Act,
section 6.1] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
SECTION 32: [Hospital District Act, Division 4 of
Part 2] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
SECTION 33: [Hospital Insurance Act,
section 1] is consequential to the addition by this
Bill of
section 29.2 to the
Interpretation Act .
SECTION 34: [Hydro and Power Authority Act,
section 34.2] is consequential to the implementation
of provisions of the Real Property Tax Co-ordination Agreement.
SECTION 35: [Interpretation Act,
section 29.2] provides that terms defined in the Nis g a'a
Final Agreement Act that are most commonly used in enactments apply to
enactments relating to the Nis g a'a Nation.
SECTION 36: [Land Title Act,
section 1] is consequential to the addition by this Bill of
section
29.2 to the
Interpretation Act .
SECTION 37: [Liquor Control and Licensing Act,
section 7] is consequential to the addition
by this Bill of
section 29.2 to the
Interpretation Act .
SECTION 38: [Local Government Act,
section 301.1] is consequential to the addition by this
Bill of
section 29.2 to the
Interpretation Act .
SECTION 39: [Manufactured Home Tax Act,
section 2] applies the Act in relation to
Nis g a'a Nation real property taxation.
SECTION 40: [Manufactured Home Tax Act,
section 3] is consequential to applying the Act
to Nis g a'a Nation real property taxation.
SECTION 41: [Manufactured Home Tax Act,
section 4] disapplies the Act in relation to
manufactured homes owned and occupied by or on behalf of the Nis g a'a
Nation.
SECTION 42: [Miscellaneous Statutes Amendment Act (No. 3), 2010,
section 30] is consequential
to the addition by this Bill of
section 29.2 to the
Interpretation Act .
SECTION 43: [Municipalities Enabling and Validating Act (No. 4),
Part 2] is consequential
to the implementation of provisions of the Real Property Tax Co-ordination
Agreement.
SECTION 44: [Police Act,
section 3] is consequential to the implementation of provisions of
the Real Property Tax Co-ordination Agreement.
SECTION 45: [Police Act,
section 26] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 46: [Police Act,
section 27] is consequential to the implementation of provisions
of the Real Property Tax Co-ordination Agreement.
SECTION 47: [Police Act,
section 66.2] adds or amends
definitions necessary to apply the
police tax scheme to the Nis g a'a Nation.
SECTION 48: [Police Act,
section 66.2] provides an exemption from police tax if the
Nis g a'a Nation is paying for policing and law enforcement services under an
agreement with the minister or a municipality.
SECTION 49: [Police Act,
section 66.21] authorizes the province to requisition police taxes
from the Nis g a'a Nation in relation to Nis g a'a Lands that are not owned, held,
used or occupied for pipeline purposes.
SECTION 50: [Police Act,
section 66.3] enables the apportionment to Nis g a'a Lands of a
portion of the amount to be raised by police taxes from contributing areas and
provides for further apportionment of taxes apportioned to Nis g a'a Lands
between the Nis g a'a Lands defined as Nis g a'a pipeline lands and the other
Nis g a'a Lands.
SECTION 51: [Police Act,
section 66.4] provides for requisitioning police taxes apportioned
to Nis g a'a Lands.
SECTION 52: [Police Act,
section 66.5] disapplies the
section from owners of Nis g a'a
Lands.
SECTION 53: [Police Act,
section 66.63] specifies when the Nis g a'a Nation is to pay the
Minister of Finance the amount of police taxes requisitioned from it.
SECTION 54: [Police Act,
section 66.7] disapplies the Taxation (Rural Area) Act from the
police taxes requisitioned from the Nis g a'a Nation.
SECTION 55: [Police Act,
section 66.71] imposes interest on police taxes requisitioned from
the Nis g a'a Nation that remain unpaid after their due date.
SECTION 56: [Police Act,
section 66.81] provides for the collection by the Surveyor of
Taxes of police taxes imposed in relation to Nis g a'a Lands owned, held, used
or occupied for pipeline purposes.
SECTION 57: [School Act,
section 86] is consequential to the addition by this Bill of
section
29.2 to the
Interpretation Act .
SECTION 58: [Secure Care Act,
section 1] is consequential to the addition by this Bill of
section 29.2 to the
Interpretation Act .
SECTION 59: [Tourist Accommodation (Assessment Relief) Act,
section 1] applies the Act
in relation to Nis g a'a property taxation.
SECTION 60: [Water Act,
section 44.1] is consequential to the addition by this Bill of
section
29.2 to the
Interpretation Act .
SECTION 61: [Water Sustainability Act,
section 1] is consequential to the addition by this
Bill of
section 29.2 to the
Interpretation Act .
SECTION 62: [Water Sustainability Act,
section 69] is consequential to the addition by this
Bill of
section 29.2 to the
Interpretation Act .
SECTION 63: [Wills, Estates and Succession Act,
section 1] is consequential to the addition
by this Bill of
section 29.2 to the
Interpretation Act .
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