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

Marginal note:Maximum tax rates for railway companies

• 4 (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 Adams Lake Indian Band, Chawathil First Nation, Kanaka Bar Indian Band, Leq’a:mel First Nation, Matsqui First Nation, Neskonlith Indian Band and Shuswap 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.