British Columbia Order in Council — Order under Nisga'a Final Agreement, s (O.C. 405/2022)

O.C. 405/2022

British Columbia — Orders in Council

405 July 11, 2022 PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Nisga'a Nation Taxation Agreement Amendment Agreement (No. 3), substantially in the form attached, is approved. Minister of Finance Presiding Me~~ (This

part is for administrative purpos es only and is not part of the Order.) Authority under which Order is made: Act and section: Nisga 'a Final Agreement Act, S.B.C. 1999, c. 2, s. 6.1 Other: OIC 50/2020; OIC 406/2013 010613843 page 1 with attachment (7 pages in total)

NISGA' A NATION -TAXATION AGREEMENT/ ACCORD DE TAXATION CONCERNANT LA NATION NISGA' A AMENDMENT AGREEMENT (NO. 3) / ACCORD DE MODIFICATION (NO 3) Canada British Columbia / Colombie-Britannique Nisga 'a Nation/ Nation Nisga' a

NTSGA'A NATION TAXATION AGREEMENT AMENDMENT AGREEMENT (NO. 3) NISGA'ANATION TAXATION AGREEMENT AMENDMENT AGREEMENT (NO. 3) BETWEEN: AND: AND:

WHEREAS: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Finance ("Canada ") OF THE FIRST PART HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA , as represented by the Minister of Finance ("British Columbia ") OF TIIE SECOND PART NISGA' A NATION, as represented by the Nisga'a Lisims Government Executive (the "Nisga ' a Nation") OF THE THIRD PART (together, "the Parties") A. The Nisga' a Nation, Canada and British Columbia have entered into the Nisga'a Fina l Agreement, which provides that the Parties will enter into a Taxat ion Agreement; B.

The Parties eotcred into a Taxat ion Agreement on May 11, 2000, and amended it by way of the Nisga'a Nation Taxation Agreement Amendment Agreement, dated for reference April l , 2013, and the Nisga'a Nation Taxation Agreement Amendment Agreement No. 2, dated for reference March 31, 2019 (as amended, the "Nisga'a Nation Taxat ion Agreement"); C. The

Partie s now wish to further amend the Nisga 'a Nation Taxation Agreement ; and Nisga 'a Nation ~ British Columbia ,4/(_ -. , ..... - 1 ',,,r,.1 Canada (.Finance) 17·•-f

NISGA'A NATION TAXATION AGREEMENT AMENDMENT AGREEMENT (NO. 3) D. Paragraph 54 of the Nisga'a Nation Taxation Agreement provides that any amendment must be in writing and executed by all Parties.

NOW THEREFORE in consideration of the premises and the covenants and agreements set out below, the Parties agree as follows: AMENDMENTS 1. Paragraph 2 of the Nisga'a Nation Taxation Agreement is amended by replacing subparagraph (

f) of the definition of"Nisga'a settlement trust" with the following: "f. contributions to the trust are limited to: (

i) contributions received from the Nisga'a Nation of amounts which reasonably can be considered to be: (

A) capital transfer payments received by it under the Capital Transfer and Negotiation Loan Repayment

Chapter of the Nisga'a Treaty, (

B) amounts received by it from Canada as reimbursement of amounts that the Nisga'a Nation had paid to Canada further to the terms of the Capital Transfer and Negotiation Loan Repayment

Chapter of the Nisga'a Treaty, but only to the extent that the contributions of amounts does not result in the cumulative total of amounts, described in clauses (

A) and (B), contributed by the Nisga'a Nation to a Nisga'a settlement trust exceeding the total capital transfer as set out in

Schedule A of the Capital Transfer and Negotiation Loan Repayment

Chapter of the Nisga'a Treaty, including any adjustment made in accordance with the notes for finalizing the capital transfer payment plans of that chapter, or (ii) amounts received from another Nisga'a settlement trust where substantially all of the funds of that contributing trust reasonably can be considered to have been derived from a contribution to a Nisga 'a settlement trust by the Nisga'a Nation of amounts described in subparagrap h (

i) and income and gains derived therefrom; and" 2. The Nisga'a Nation Taxation Agreement is amended by adding the following new heading and new paragraphs 36.l and 36.2 immediately after paragraph 36: Nisga'a Nation~ British Columbia Ak'.'_ ~. \' - Canada (Finance) 1f!! 2

NISGA'A NATION TAXATION AGREEMENT AMENDMENT AGREEMEN T (NO. 3) "REGISTERED PENSION PLAN INCOME 36.l Commencing for the taxation year in which this paragraph comes into effect, and for subsequent taxation years , an amount received from a registered pension plan , or from a registered retirement savings plan or registered retirement income fund as these terms are defined in the Income Tax Act to which amounts were transferred from a registered pension plan in accordance with the Income Tax Act, by a Nisga' a citizen who is an Indian as defined in the Indian Act, shall be exempt from income tax under the Income Tax Act, to the extent that the amount is attributable to employment income to which one of the following conditions applies : (

a) it was exempt from tax under

section 87 of the Indian Act or under any similar provis ion of any other Act of Parliament; or (

b) it was income for which income tax was remitted under a regulatory instrument that provided tax treatment comparable to that prov ided under

section 87 of the Indian Act. 36.2 Income exempt from incom e tax because of paragraph 36.1 will be administered by Canada on the same basis as if it were exemp t from income tax becau se of

section 87 of the Indian Act." CONTINUING FORCE AND EFFECT 3. For greater certainty, the Nisga 'a Nation Taxation Agreement as amended by this Amendment Agreement continues in full force and effect in accordance with its terms. FURTHER ASSURANCES 4. The Parti es will execute any other documents and do any other things that may be necessary to carry out the intent of this Amendment Agreement. HEADINGS 5.

Tn this Amendment Agreement , headings are for convenience only, do not form a part of this Amendment Agreement and in no way define , limit, alter or enlarge the scope or meaning of any provi sion of this Am endmen t Agreement. NO ASSIGNMENT 6. This Amendment Agreement may not be assigned, either in whole or in part, by any Party. , ./ Nisga' a Nation ~ British Columbia-4L Canada (Finance) /7;.,. 3

ENUREMENT NISGA'A NATION TAXATION AGREEMENT AMENDMENT AGREEMENT (NO. 3) 7. This Amendment Agreement will enure to the benefit of and be binding upon the Parties and their respective successors. COUNTERPARTS 8. This Amendment Agreement may be signed in one or more counte1parts. A signed counterpart may be del ivered to another party by facsimile transmission or be scann ed and email ed, and a facsimile or scanned and emailed signature will be accepted the same as an original signature . Signed counterparts held by a party, taken together, wi ll constitute one and the same instrumen t. EFFECTIVE DATE 9.

This Amendment Agreement is effective on lhe date it is executed by the last of the Parties to execute it.

EXECUTED on the _ __ day of _ _ _ _ ___ _ , 20_ in the presence of: As to the signature of the Min ister of Finance EXECUTE D on the _ _ day of ___ _____ , 20_ in the presence of: As to the signature of the Minister of Finance ) HER MAJESTY THE QUEEN IN RIGHT ) OF CANADA, as represented by the ) Minister of Finance ) ) ) ) ) Minister of Finance ) ) ) HER MAJESTY THE QUEEN IN ) RIGHT OF THE PROVINCE OF ) BRITISH COLUMBIA, as represented by ) the Minister of Finance ) ) ) ) ) Minister of Finance ) ) "·1 Nisga'a Natio n,~/ British Columbia _A,t Canada (Finance) 17',,,- 4

NlSGA 'A NATION TAXATION AGREEMENT AMEND"MENT AGRE EMENT (NO. 3) EXECUTED on the _ _ day of ) NlSGA' A NATION, as represented by the - - - - ---~ 20 in the presence of: As to the signature of the duly authorized representative of the Nisga'a Lisims Government Executive ) Nisga'a Lisims Government Executive ) ) ) ) ) ) Duly authorized represe ntative of the ) Nisga'a Lisim s Government Executive ) ) ./ , ? N isga' a Natiu ~ British Col umbia -At- Canada (Finance) /j,',-i' 5

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 405/2022
Type	order_in_council
Volume / chapter	arc oic 0405 2022
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	b77b905fe3b8c755714f64ca3c324ad477295e8f

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