Financing Secured by Other Revenues Regulations (SOR/2011-201)
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Regulations are current to 2013-04-29
Marginal note:Adaptation to paragraph 86(1)(b)
21. Paragraph 86(1)(b) of the Act is adapted to be read without reference to the First Nations Tax Commission.
ADAPTATIONS TO THE DEBT RESERVE FUND REPLENISHMENT REGULATIONS
Marginal note:General adaptations
22. The Debt Reserve Fund Replenishment RegulationsFootnote 1 are adapted as follows:
Return to footnote 1SOR/2006-244
(a) in relation to a default on financing secured by other revenues,
(i) a reference to the debt reserve fund is to be read as a reference to the debt reserve fund established for financing secured by other revenues;
(ii) a reference to a borrowing member is to be read as a reference to a borrowing member that has received financing secured by other revenues; and
(iii) a reference to a defaulting member is to be read as a reference to a defaulting member in receipt of financing secured by other revenues.
(b) in relation to a default on financing secured by property tax revenues,
(i) a reference to the debt reserve fund is to be read as a reference to the debt reserve fund established for financing secured by property tax revenues;
(ii) a reference to a borrowing member is to be read as a reference to a borrowing member that has received financing secured by property tax revenues; and
(iii) a reference to a defaulting member is to be read as a reference to a defaulting member in receipt of financing secured by property tax revenues.
Marginal note:Adaptation to section 4
23. Section 4 of the Regulations is adapted as follows:
Marginal note:Calculation of charges
4. On the expiry of the period referred to in subsection 2(1), the Authority shall send
(a) to the council of each defaulting member, a notice requiring that member to pay the charge determined under section 3; and
(b) to the council of each borrowing member that is not a defaulting member, a notice requiring that member to pay a charge equal to the amount determined by the formula
[A / (B - C)] × (D - E)
where
- A
- is the amount initially contributed by the borrowing member to the debt replenishment fund at the time the loan was made,
- B
- is the total amount initially contributed by all borrowing members to the debt replenishment fund at the time the loan was made,
- C
- is the sum of the amounts initially contributed by all defaulting members to the debt replenishment fund at the time the loan was made,
- D
- is the amount of the shortfall in the debt reserve fund set out in the notice referred to in section 2, and
- E
- is the amount charged to defaulting members under section 3.
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