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WHAT IS TAXATION UNDER THE FIRST NATIONS FISCAL AND STATISTICAL MANAGEMENT ACT?

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WHAT IS TAXATION UNDER THE FIRST NATIONS FISCAL AND STATISTICAL MANAGEMENT ACT?

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The FSMA provides First Nations with law making authority for real property taxation on First Nation lands. First Nations wishing to access the FSMA taxation powers must first pass a band council resolution requesting that the Minister add the First Nation to the FSMA Schedule. Once the Governor-in-Council adds the First Nation to the FSMA Schedule, the First Nation’ tax powers are drawn from the provisions of the FSMA. As well, any section 83 bylaws that the First Nation may have had in place are moved into the FSMA framework. Property taxation under the FSMA requires taxpayer consultation, property tax and assessment laws, and annual laws for expenditures and rates. All laws are subject to the review and approval of the FNTC.

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