PROPERTY TAXATION ACT

Act

Regulations

2012 Permissive Exemption Regulation (posted Dec. 2, 2011)
2011 Permissive Exemption Regulation (posted Dec. 2, 2011)
Annual Rates Regulation (2011) (posted July 14, 2011)
2010 Permissive Exemption Regulation (posted May 31, 2010)
Annual Rates Regulation (2010) (posted May 31, 2010)
Home Owner Grant (posted Oct. 2, 2009)
Annual Rates Regulation (2009) (posted Oct. 2, 2009)

Summary:

Note: The summary below is not a legal document. It should not be relied upon for accuracy and does not in any way replace, supercede, or supplement the Law.

The Property Taxation Act will enable and authorize the TFN to levy and collect property taxes from individuals and businesses living on or conducting business on TFN lands.  The Act sets out who is required to pay property taxes, the method by which the taxes are calculated, the rules for their collection and the rules for their expenditure. Members of TFN, in accordance with the treaty and associated agreements, are exempt from property taxes for 12 years.

Administration:
The Property Taxation Act requires that a tax administrator be appointed by the Executive Council who is responsible for the administration of the Act.  A Property Taxation Authority (a Tsawwassen public institution) is established to address the requirements for non-member residents involvement in property taxation related matters that directly and significantly affect them.  The Property Taxation Authority will consist of three members of the Executive Council and at least one additional non-member who shall be appointed by the Executive Council after consultation with the non-members.

Property assessment:
Taxes are levied against the assessed value of land and improvements.  The Assessment Act (BC) will apply on Tsawwassen Lands and the BC Assessment Authority will be responsible for valuing Tsawwassen Lands and improvements on Tsawwassen Lands for the purposes of TFN levying and collecting property taxes. 

Property taxation budget:
The Act requires that there be an annual property taxation budget in order for TFN to raise and expend property tax revenues.  The property taxation budget will be prepared in accordance with the TFN Financial Administration Act and the revenues raised under the Property Taxation Act will be included in the general revenue fund. The portion of the property taxation revenues raised for the provision of local services (requires the prior approval of the Property Taxation Authority to be raised and expended), will constitute a special account within the general revenue fund. This special account will be called the local revenue account. 

Provincial taxing authorities:
The TFN property taxation budget will include amounts required to be raised for provincial taxing authorities. TFN will collect taxes on behalf of provincial taxing authorities (Greater Vancouver Regional District, South Coast British Columbia Transportation Authority etc.) based on requisitions received from these authorities.

School Tax
TFN property taxes will include an amount equal to the amount BC would have collected ror payment to Delta School District #37. These moneys will be kept by TFN to support its programs and services.

Levy of taxes:
By May 28th of each year the Executive Council, with the prior approval of the Property Taxation Authority where required, will, by regulation, set the rate of tax to be applied against the different categories of assessed property (residential/commercial/industrial etc.) in order to raise the money needed to the meet the property taxation budget.  The tax administrator shall create a tax roll and send a tax notice to each taxpayer setting out the amount of taxes to be paid by the taxpayer on or before June 2nd.  Taxpayers will have until July 2nd to pay their taxes to the TFN government.

Exemptions:
Some property is exempt from property taxation.  The Property Taxation Act sets out which properties must be exempted (such as property owned by TFN Government or another government and which are generally exempt within the Province of BC) as well as property that may be exempted by the Executive Council with the approval of the Property Taxation Authority where required (permissive exemptions).  Permissive exemptions are available to bodies such as charitable organizations and public authorities and can be for a variety of public purposes, including special economic development zones. Permissive exemptions are set and confirmed annually by regulation of the Executive Council.   

Home Owner Grants:
Some taxpayers may be entitled to a grant from TFN. The Executive Council, by regulation, will provide for a grant to persons who would be entitled to a grant under the provisions of the Home Owner Grant Act (BC) if the person’s property was subject to taxation by a local government. Subject to the prior approval of the property taxation authority, the Executive Council, by regulation, may also provide for a grant to residents in financial hardship.