Vol. 149, No. 4 — February 25, 2015

Registration

SOR/2015-28 February 6, 2015

FIRST NATIONS GOODS AND SERVICES TAX ACT

Order Amending Schedule 1 to the First Nations Goods and Services Tax Act, No. 2015–1 (Aitchelitz, Kwaw-kwaw-Apilt and Skowkale)

P.C. 2015-93 February 5, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 15 (see footnote a) of the First Nations Goods and Services Tax Act (see footnote b), makes the annexed Order Amending Schedule 1 to the First Nations Goods and Services Tax Act, No. 2015–1 (Aitchelitz, Kwaw-kwaw-Apilt and Skowkale).

ORDER AMENDING SCHEDULE 1 TO THE FIRST NATIONS GOODS AND SERVICES TAX ACT, NO. 2015–1 (AITCHELITZ, KWAW-KWAW-APILT AND SKOWKALE)

AMENDMENT

1. Schedule 1 to the First Nations Goods and Services Tax Act (see footnote 1) is amended by adding the following in alphabetical order:

Column 1

First Nation		 Column 2

Governing Body		 Column 3

Lands

Aitchelitz

Council of Aitchelitz

Each reserve of Aitchelitz that is not shared with another band

Kwaw-kwaw-Apilt

Council of Kwaw-kwaw-Apilt

Each reserve of Kwaw-kwaw-Apilt that is not shared with another band

Skowkale

Council of Skowkale

Each reserve of Skowkale that is not shared with another band

COMING INTO FORCE

2. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

Three Indian bands situated near Chilliwack, British Columbia, have asked to be listed in Schedule 1 to the First Nations Goods and Services Tax Act (the Act) in order to be able to implement the First Nations Goods and Services Tax (FNGST). The FNGST is similar to the federal Goods and Services Tax but is imposed under the law of an Aboriginal government rather than under federal law.

Objective

The objective of the Order is to enable the three Indian bands, with the agreement of the Government of Canada, to implement the FNGST within their respective lands.

Description

Pursuant to section 15 of the Act, the Order amends Schedule 1 by adding the name of the three Indian bands, the name of the governing body of each band and the description of each band’s lands where the FNGST law could apply. The three bands are

Consultation

Each of the bands has requested that Schedule 1 be amended to include its name, the name of its governing body and the description of the lands where its FNGST law could apply. The amendment is consistent with the request of the three bands.

“One-for-One” Rule

The “One-for-One” Rule does not apply, as the Order does not impose any administrative burden on business.

Small business lens

The small business lens does not apply because the Order does not entail any administrative or compliance costs for small business.

Rationale

Amending Schedule 1 in this fashion makes it possible for the governing body of each Aboriginal group, with the agreement of Canada, to enact a law that imposes the FNGST within the lands described in the Order. The amendment also makes it possible for the Government of Canada and each Aboriginal government to enter into a tax administration agreement in respect of the FNGST.

Listing the Aboriginal groups in Schedule 1 is an enabling measure. It does not obligate the governing body of any Aboriginal group to enact a law that imposes the FNGST and does not obligate the Aboriginal governments or the Government of Canada to enter into a tax administration agreement in respect of the FNGST.

The FNGST would be implemented when an Aboriginal government enacts a law for the FNGST and concludes a related tax administration agreement with Canada under which Canada administers and enforces the FNGST law and collects the tax for that Aboriginal government. In accordance with the provisions of the tax administration agreement, the Aboriginal government that implements the FNGST would receive a stream of revenue that can be used for its purposes.

Implementation, enforcement and service standards

The Order to amend Schedule 1 does not create new enforcement or administrative obligations for the Government of Canada. If an Aboriginal government enacts its FNGST law and concludes a tax administration agreement with the Government of Canada, then the Canada Revenue Agency will be responsible for administering and enforcing the FNGST law and collecting the tax for the Aboriginal government.

Contact

Roch Vézina
Aboriginal Tax Policy Section
Department of Finance
90 Elgin Street
Ottawa, Ontario
K1A 0G5
Telephone: 613-369-3812