Agreement amending the Cowichan Tax Administration Agreement (no. 1)

WHEREAS:

The Parties entered into the Tax Administration Agreement effective April 9, 2002, in respect of a sales tax imposed under Cowichan law;

Cowichan enacted a by-law under the authority of the Budget Implementation Act, 2000 (Cowichan Tribes Community Improvement Fee Bylaw, 2002), thereby imposing the Cowichan Tribes Community Improvement Fee on their reserve lands;

The Tax Administration Agreement is an administration agreement entered into on behalf of Canada by the Minister of Finance, with the approval of the Governor in Council, pursuant to subsection 7(1) of the Federal-Provincial Fiscal Arrangements Act, R.S.C., 1985, c. F-8;

Subsection 7(2) of the Federal-Provincial Fiscal Arrangements Act enables the Minister of Finance, with the approval of the Governor in Council, to on behalf of Canada enter into an agreement amending the terms and conditions of an administration agreement;

The Minister of Finance has the approval of the Governor in Council to enter into this Agreement;

The Chief has the approval of Cowichan to enter into this Agreement;

NOW THEREFORE, the parties agree as follows:

Interpretation

1. Words and expressions not specifically defined in this Agreement have the meaning given to them in the Tax Administration Agreement.
2. This Agreement commences on the day following the latter of the dates this Agreement is signed by the Parties.

Amendments

The Tax Administration Agreement, is amended as follows:

3. Article 21 of the Tax Administration Agreement is replaced by the following:

"21. A reconciliation comparing the interim payments paid to Cowichan during the reconciliation period and net CTCIF Revenues for the reconciliation period will be made once a year. A copy of such reconciliation, together with any relevant information used in arriving at net CTCIF Revenues, except in cases where the provision of such information is prohibited by law, and the Auditor General's report, referred to in article 39, will be provided to Cowichan on or before December 31^st."

4. The following article is added immediately after article 28 of the Tax Administration Agreement in a new section titled "Assignment of Revenues" as outlined below:

   "Assignment of Revenues

   28.1 Net CTCIF Revenues are permitted to be used as security for a loan referred to in paragraph 74(b) of the First Nations Fiscal Management Act, subject to any other applicable conditions being satisfied under that Act."

Signature

5. This Agreement may be executed by original (handwritten) signature or electronic signature, which will be considered as an original signature for all purposes and has the same force and effect as an original signature on paper and which includes electronically scanned and transmitted versions (e.g., via pdf) of an original signature.
6. This Agreement may be executed in counterparts, each of which will constitute an original and when taken together will constitute one and the same instrument.