Agreement amending the Tk'emlúps te Secwépemc Tax Collection Agreement (no. 1)

WHEREAS:

The Parties entered into the Tax Collection Agreement effective August 6, 1998, in respect of a sales tax imposed under Tk'emlúps te Secwépemc law;

Tk'emlúps te Secwépemc enacted a by-law under the authority of the Budget Implementation Act, 2000 (Kamloops Indian Band Sales Tax By-Law, 1998), thereby imposing the Kamloops Indian Band Sales Tax on their reserve lands;

The Kamloops Indian Band are now referred to as the Tk'emlúps te Secwépemc and all laws made under the authority of its former name have been continued as laws of the Tk'emlúps te Secwépemc;

For the purposes of the Agreement, all references to the Kamloops Indian Band or the Band are references to the Tk'emlúps te Secwépemc;

The Tax Collection 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 Kúkpi7 has the approval of Tk'emlúps te Secwépemc 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 Collection Agreement.
2. This Agreement commences on the day following the latter of the dates this Agreement is signed by the Parties.

Amendments

The Tax Collection Agreement, is amended as follows:

3. Article 23 of the Tax Collection Agreement is replaced by the following:

   "23. A reconciliation comparing the interim payments paid to the Band during the reconciliation period and net KIBST 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 KIBST Revenues, except in cases where the provision of such information is prohibited by law, and the Auditor General's report, referred to in article 41, will be provided to the Band on or before December 31^st."

4. The following article is added immediately after article 30 of the Tax Collection Agreement in a new section titled "Assignment of Revenues" as outlined below:

   "Assignment of Revenues

   30.1 Net KIBST 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.