FEDERAL REG

SOR/2016-97: Schedule 1 to the First Nations Goods and Services Tax Act, No. 2016–1 (Tsawwassen) — Order Amending First Nations Goods and Services Tax Act

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
May 14, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues The Tsawwassen First Nation, which has a comprehensive land claims and self-government agreement and is situated south of Vancouver, British Columbia, 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 ... (Click for more)


House

1st Reading 2nd Reading 3rd Reading

Senate

1st Reading 2nd Reading 3rd Reading

Published on May 14, 2016

Bill Summary

SOR/2016-97: Schedule 1 to the First Nations Goods and Services Tax Act, No. 2016–1 (Tsawwassen) — Order Amending First Nations Goods and Services Tax Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues The Tsawwassen First Nation, which has a comprehensive land claims and self-government agreement and is situated south of Vancouver, British Columbia, 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. Objectives The objective of the Order is to enable the Tsawwassen First Nation, with the agreement of the Government of Canada, to implement the FNGST within the Tsawwassen Lands. Description Pursuant to Section 15 of the Act, the Order amends Schedule 1 by adding the name of the Tsawwassen First Nation; the name of its governing body; and the description of the lands where its FNGST law could apply. Consultation The Tsawwassen First Nation 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 Tsawwassen First Nation. “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 result in any administrative or compliance costs for small business. Rationale Amending Schedule 1 in this fashion makes it possible for the governing body of the 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 the aboriginal government to enter into a tax administration agreement in respect of the FNGST. Listing the aboriginal group in Schedule 1 is an enabling measure. It does not require the governing body of the aboriginal group to enact a law that imposes the FNGST and does not require the aboriginal government or the Government of Canada to enter into a tax administration agreement in respect of the FNGST. The FNGST would be implemented when the 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 the aboriginal government. In accordance with the provisions of the tax administration agreement, an 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 the 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 Footnote a S.C. 2005, c. 19, s. 9 Footnote b S.C. 2003, c. 15, s. 67 Footnote 1 S.C. 2003, c. 15, s. 67

This Bill does not amend any statutes.

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