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Version of document from 2008-01-01 to 2008-09-04:

First Nations Property Assessment and Taxation (Railway Rights-of-Way) Regulations

SOR/2007-277

FIRST NATIONS FISCAL MANAGEMENT ACT

FIRST NATIONS FISCAL AND STATISTICAL MANAGEMENT ACT

Registration 2007-12-06

First Nations Property Assessment and Taxation (Railway Rights-of-Way) Regulations

P.C. 2007-1875 2007-12-06

Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraph 36(1)(d) of the First Nations Fiscal and Statistical Management ActFootnote a, hereby makes the annexed First Nations Property Assessment and Taxation (Railway Rights-of-Way) Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

adjacent area

zone adjacente

adjacent area in respect of a first nation set out in Schedule 1, means the incorporated or unincorporated area bordering a majority of those reserves of the first nation that contain right-of-way areas. (zone adjacente)

adjustment factor

facteur de rajustement

adjustment factor means the adjustment factor set out in the Adjustment Factors Relating to the Valuation of Railway Corporation Property Regulation, B.C. Reg. 324/96, as amended from time to time. (facteur de rajustement)

fibre optic improvements

équipement de fibres optiques

fibre optic improvements means fibre optic fibres, sheaths, wrapping, conduits, cables and other related improvements. (équipement de fibres optiques)

incorporated area

zone constituée

incorporated area means an area incorporated as a municipality under the Local Government Act of British Columbia. (zone constituée)

property

propriété

property means a right-of-way, any other right or interest in lands, or improvements. (propriété)

provincial taxation laws

lois fiscales provinciales

provincial taxation laws means the laws and regulations of the Province of British Columbia respecting property taxation — including the Assessment Act, the Adjustment Factors Relating to the Valuation of Railway Corporation Property Regulation, the Hospital District Act, the School Act, the Local Government Act and the Taxation (Rural Area) Act, as amended from time to time. (lois fiscales provinciales)

right-of-way area

zone d’emprise

right-of-way area in respect of a first nation set out in column 1 of Schedule 1, means the lands described in column 2. (zone d’emprise)

track in place

voie ferrée existante

track in place has the same meaning as track in place of a railway corporation in subsection 21(15) of the Assessment Act of British Columbia. (voie ferrée existante)

Application

Marginal note:Application

 These Regulations apply to property taxation laws made by the council of a first nation set out in Schedule 1 in respect of taxation of property in a right-of-way area.

Property Taxation Laws

Marginal note:Determination of assessable value

  •  (1) Subject to subsection (2), a property taxation law in respect of taxation of property in a right-of-way area shall provide that an assessor must determine the assessable value of the following types of property using the assessment rates, adjustments, exceptions, inclusions and exclusions that would be applied if the property were subject to provincial taxation laws:

    • (a) track in place of a railway company, including fibre optic improvements;

    • (b) rights-of-way for track referred to in paragraph (a);

    • (c) bridges of a railway company;

    • (d) fibre optic improvements of a non-railway company;

    • (e) utility systems of a non-railway company, including pipeline, cable, telephone, power, sewer, gas and related facilities; and

    • (f) other improvements lawfully located in a right-of-way area.

  • Marginal note:Adjustment factors

    (2) Adjustment factors do not apply to the determination of assessable values of property under a property taxation law.

Marginal note:Maximum tax rates for railway companies

  •  (1) Subject to subsection (3), the tax rate for a taxation year established under a property taxation law enacted by a first nation set out in column 1 of Schedule 2 in respect of property of a railway company in a right-of-way area shall not exceed the rate equal to the sum of the products, determined for each of the tax bases set out in column 2, of

    A×B

    where

    A
    is the tax rate established for that taxation year under provincial taxation laws for that tax base; and
    B
    is the adjustment factor for that tax base.
  • Marginal note:Maximum tax rates for non-railway companies

    (2) Subject to subsection (3), the tax rate for a taxation year established under a property taxation law enacted by a first nation set out in column 1 of Schedule 2 in respect of improvements of a company other than a railway company in a right-of-way area shall not exceed the rate equal to the sum of the tax rates, established for that taxation year under provincial taxation laws, for the tax bases set out in column 2.

  • Marginal note:Exemptions and inclusions

    (3) A tax rate referred to in subsection (1) or (2) shall incorporate the same exemptions, exceptions, inclusions and exclusions that would be applicable to the property if the property were subject to the provincial taxation laws applicable to the adjacent area.

  • Marginal note:Adjustment factors

    (4) For the purposes of subsection (1), the adjustment factors applicable to the determination of tax rates shall be

    • (a) in respect of the Leq’a:mel First Nation, the adjustment factors that apply to property in incorporated areas; and

    • (b) in respect of the Seabird Island Indian Band, the adjustment factors that apply in the District of Kent.

Coming into Force

Marginal note:Coming into force date

 These Regulations come into force on January 1, 2008.

SCHEDULE 1(Sections 1 and 2)

Right-of-Way Areas

Column 1Column 2
ItemFirst NationDescription of Right-of-way Area
1Leq’a:mel First Nation
  • (a) In the Province of British Columbia

    In New Westminster District

    All of those lands within Lakahahmen Indian Reserve No. 11 shown as Lots 18, 19 and 20 on Plan RSBC 3690R recorded in the Canada Lands Surveys Records in Ottawa.

    Containing about 2.66 ha (6.59 acres).

  • (b) In the Province of British Columbia

    In New Westminster District

    All those lands within Holachten Indian Reserve No. 8 shown as the Canadian Pacific Railway Main Line Right of Way on Plans RR2009 and RR1473A recorded in the Canada Lands Surveys Records in Ottawa. Copies of those plans are deposited in the New Westminster Land Title Office under numbers 908 and 2887.

    Containing about 8.40 ha (20.76 acres).

2Seabird Island Indian Band

In the Province of British Columbia

In the Yale Division of Yale District

In Seabird Island Indian Reserve

All those lands shown as Lot 258 on a Registration Plan of Railway Right of Way Area prepared by Mr. D. George Fenning C.L.S., B.C.L.S. in May 2001 and recorded in the Canada Lands Surveys Records in Ottawa under number RSBC 3316R.

Containing about 25.6 ha, save and except all mines and minerals, whether precious or base, solid, liquid or gaseous.

SCHEDULE 2(Section 4)

Determination of First Nations’ Tax Rates for Property in Right-of-Way Areas

Column 1Column 2
ItemFirst NationTax Base for Adjacent Area
1Leq’a:mel First Nation
  • (a) Basic School

  • (b) Provincial Rural

  • (c) Fraser Valley Hospital

  • (d) Area “G” Fraser Valley Regional District

  • (e) B.C. Assessment

  • (f) Municipal Finance Authority

  • (g) North Fraser Fire Protection

2Seabird Island Indian Band
  • (a) Basic School

  • (b) District of Kent General Municipal Purpose

  • (c) Fraser-Cheam Regional District

  • (d) Fraser-Cheam Regional Hospital

  • (e) B.C. Assessment

  • (f) Municipal Finance Authority


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