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SOR/2008-266 September 5, 2008

FIRST NATIONS FISCAL AND STATISTICAL MANAGEMENT ACT

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

P.C. 2008-1614 September 5, 2008

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 Act (see footnote a), hereby makes the annexed Regulations Amending the First Nations Property Assessment and Taxation (Railway Rights-of-Way) Regulations.

REGULATIONS AMENDING THE FIRST NATIONS PROPERTY ASSESSMENT AND TAXATION (RAILWAY RIGHTS-OF-WAY) REGULATIONS

AMENDMENTS

1. Paragraph 4(4)(a) of the First Nations Property Assessment and Taxation (Railway Rights-of-Way) Regulations (see footnote 1) is replaced by the following:

(a) in respect of the Adams Lake Indian Band, Chawathil First Nation, Leq’a:mel First Nation, Matsqui First Nation and Neskonlith Indian Band, the adjustment factors that apply to property in incorporated areas; and

2. Schedule 1 to the Regulations is amended by adding after item 2 the following:

Item

Column 1

First Nation

Column 2

Description of Right-of-way Area

3.

Adams Lake Indian Band

In the Province of British Columbia In Kamloops Division of Yale District

Firstly: All those lands within Stequmwhulpa Indian Reserve No. 5 shown as the Canadian Pacific Railway Right of Way on Plan RR1399 recorded in the Canada Lands Surveys Records in Ottawa. Containing about 9.11 ha (22.50 acres).

Secondly: All those lands within Stequmwhulpa Indian Reserve No. 5 shown as Lot 11 on Plan 88122 recorded in the Canada Lands Surveys Records in Ottawa. Containing about 1.13 ha (2.79 acres).

Thirdly: All that part of Switsemalph Indian Reserve No. 6 shown as the Canadian Pacific Railway on Plan RR1242 recorded in the Canada Lands Surveys Records in Ottawa. Containing about 9.56 ha (23.63 acres).

Fourthly: All that part of Switsemalph Indian Reserve No. 7 shown as the Canadian Pacific Railway on

 Plan RR1242 recorded in the Canada Lands Surveys Records in Ottawa. Containing about 4.49 ha (11.10 acres).

4.

Chawathil First Nation

(a) In the Province of British Columbia In Yale Division of Yale District

All those lands within Schkam Indian Reserve No. 2 shown as the Canadian Pacific Railway Main Line Right of Way on Plan RR2007 recorded in the Canada Lands Surveys Records in Ottawa; a copy of which is deposited in the Kamloops Land Title Office under number 286. Containing about 13.36 ha (33.01 acres).

(b) In the Province of British Columbia In Yale Division of Yale District

All those lands within Chawathil Indian Reserve No. 4 shown as a 17.89 ha (44.21 acre) part of the Canadian Pacific Railway Main Line Right of Way on Plan RR2007 recorded in the Canada Lands Surveys Records in Ottawa; a copy of which is deposited in the Kamloops Land Title Office under number 286.

Saving and excepting all those lands lying westerly of the easterly boundary of Chawathil Indian Reserve No. 4 through the 3.06 ha (7.569 acre) part on Plan 46371 deposited in the Kamloops Land Titles Office; a copy of which is recorded in the Canada Lands Surveys Records in Ottawa under number 87796.

The remainder containing about 16.55 ha (40.89 acres).

5.

Matsqui First Nation

In the Province of British Columbia In New Westminster District In Sahhacum Indian Reserve No. 1

All those lands shown as Lot 1 on Plan 85344 recorded in the Canada Lands Surveys Records in Ottawa. Containing 1.06 ha (2.62 acres) more or less, save and except all mines and minerals, whether precious or base, solid, liquid or gaseous.

6.

Neskonlith Indian Band

In the Province of British Columbia In Kamloops Division of Yale District

Firstly: All those lands within Neskonlith Indian Reserve No. 2 shown as the Canadian Pacific Railway on Plan RR590 recorded in the Canada Lands Surveys Records in Ottawa. Containing about 17.89 ha (44.21 acres).

Secondly: All those lands within Switsemalph Indian Reserve No. 3 shown as part of the Canadian Pacific Railway Right of Way on Plan RR1242 recorded in the Canada Lands Surveys Records in Ottawa. Containing about 6.57 ha (16.23 acres).

3. Schedule 2 to the Regulations is amended by adding the following after item 2:

Item

Column 1

First Nation

Column 2

Tax Base for Adjacent Area

3.

Adams Lake Indian Band

(a) Basic School

(b) District of Salmon Arm General Municipal Purpose

(c) Columbia Shuswap Regional District (as to District of Salmon Arm)

(d) Regional Hospital (as to District of Salmon Arm)

(e) Regional Library (as to District of Salmon Arm)

 (f) B.C. Assessment

(g) Municipal Finance Authority

4.

Chawathil First Nation

(a) Basic School

(b) District of Hope General Municipal Purpose

(c) District of Hope Policing

(d) Fraser Valley Hospital

(e) Area “B” Fraser Valley Regional District

(f) B.C. Assessment

(g) Municipal Finance Authority

5.

Matsqui First Nation

(a) Basic School

(b) City of Abbotsford General Municipal Purpose

(c) City of Abbotsford Specified Area

(d) Fraser Valley Regional District

(e) Fraser Valley Regional Hospital

(f) Fraser Valley Regional Library

(g) B.C. Assessment

(h) Municipal Finance Authority

6.

Neskonlith Indian Band

(a) Basic School

(b) Provincial Rural

(c) Area “L” Thompson-Nicola Regional District

(d) Thompson Hospital

(e) Thompson-Nicola Hospital

(f) B.C. Assessment

(g) Municipal Finance Authority

COMING INTO FORCE

4. These Regulations come into force on the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2008-264, Order Amending the Schedule to the First Nations Fiscal and Statistical Management Act.

Footnote a
S.C. 2005, c. 9

Footnote 1
SOR/2007-277


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