SI/97-127199711

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20196

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FINANCIAL ADMINISTRATION ACTIndians and Bands on Certain Indian Settlements Remission Order (1997)P.C.1997-1529 199710

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His Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of National Revenue, pursuant to subsection 23(2)a of the Financial Administration Act, hereby makes the annexed Indians and Bands on Certain Indian Settlements Remission Order (1997).aS.C. 1991, c. 24, s. 7(2)Interpretation

1The definitions in this section apply in this Order.band has the same meaning as in subsection 2(1) of the Indian Act. (bande)Indian has the same meaning as in subsection 2(1) of the Indian Act.(Indien)Indian Settlement means an area that is named and described in column 2 of the schedule. (établissement indien)reserve has the same meaning as in subsection 2(1) of the Indian Act. (réserve)

Application

2This Order applies to any Indian Settlement until the time when the area of that Indian Settlement is set aside, in whole or in part, as a reserve by Order of the Governor in Council.

PART 1Income TaxInterpretation

3(1)For the purposes of this Part, tax means tax imposed under Parts I, I.1 and I.2 of the Income Tax Act.(2)Subject to section 1, all other words and expressions used in this Part have the same meaning as in the Income Tax Act.

Remission of Income Tax

4Remission is hereby granted to a taxpayer who is an Indian whose income is situated on an Indian Settlement, in respect of the taxation year set out in column 3 of the schedule in relation to that Indian Settlement and each taxation year after that year, of the amount, if any, by which(a)the taxes, interest and penalties paid or payable by the taxpayer for the taxation year under the Income Tax Actexceed(b)the taxes, interest and penalties that would have been payable by the taxpayer for the taxation year under that Act if the Indian Settlement were a reserve throughout the year.

PART 2Goods and Services TaxInterpretation

5(1)For the purposes of this Part, tax means the goods and services tax imposed under Division II of Part IX of the Excise Tax Act.(2)Subject to section 1, all other words and expressions used in this Part have the same meaning as in Part IX of the Excise Tax Act.

Remission of the Goods and Services Tax

6Subject to section 8, remission of the tax paid or payable is hereby granted to an individual who is an Indian who resides on an Indian Settlement and who is the recipient of a taxable supply made on or after the date for remission of the tax set out in column 4 of the schedule, in an amount equal to the amount, if any, by which(a)the tax paid or payable by the individualexceeds(b)the tax that would have been payable by the individual if the Indian Settlement were a reserve.

7Subject to section 9, remission of the tax paid or payable is hereby granted to a band that is established on an Indian Settlement and is the recipient of a taxable supply made on or after the date for remission of the tax set out in column 5 of the schedule, in an amount equal to the amount, if any, by which(a)the tax paid or payable by the bandexceeds(b)the tax that would have been payable by the band if the Indian Settlement were a reserve.

Condition

8Remission under section 6 in respect of tax paid is granted on the condition that an application in writing for the remission be submitted to the Minister of National Revenue within two years after the date on which the tax was paid.

9Remission under section 7 in respect of tax paid is granted on the condition that an application in writing for the remission be submitted to the Minister of National Revenue(a)for tax paid on or after the date for remission of the tax set out in column 5 of the schedule but before the date for remission of the tax set out in column 4, within two years after the latter date; and(b)for tax paid on or after the date for remission of the tax set out in column 4 of the schedule, within two years after the date on which the tax was paid.

SCHEDULE(Sections 1, 4, 6, 7 and 9)Column 1Column 2Column 3Column 4Column 5ItemBandIndian Settlement and Legal Description of Settlement LandsTaxation YearDate for Remission of GST for Individual IndiansDate for Remission of GST for Bands1Nibinamik First NationSummer Beaver, Ontario: District of Nakina, Ontario (52 degrees 45 minutes north latitude, 88 degrees 35 minutes west longitude) having an area of approximately 3.5 square miles. (Excluded are locations SN 160 and CL 6298, the sites of the old and new schools.)1995October 23, 1997January 1, 19952Long Point First NationWinneway, Quebec: North-half portion of Lots 50 and 51 Range 8, the whole of Lot 46-5 Range 9 and the south-east corner of Lot 47 Range 9, 51770 CLSR and 59890 CLSR, Township of Devlin, having an area of approximately 47 hectares.1996October 23, 1997January 1, 19963God’s River First NationGod’s River, Manitoba: Parcel 5, Plan 4955 NLTO (situated in projected Township 67, Range 23, East of the principal meridian) having an area of approximately 2.83 acres.1993October 23, 1997January 1, 1993