Amending Agreement for the Kluane Nation Goods and Services Tax Administration Agreement (to be read with the Kluane First Nation Goods and Services Tax Administration Agreement) - December 22, 2008

WHEREAS:

the Kluane Goods and Services Tax Act imposes a value-added tax within the lands described opposite the name of the Kluane First Nation in Schedule 1 to the First Nations Goods and Services Tax Act (Canada);

section 8 of the Kluane Goods and Services Tax Act provides that the Chief of KFN, with the approval and authorization of the KFN Council, may enter, on behalf of KFN, into an agreement amending or varying the 2005 Agreement;

subsection 5(3) of the First Nations Goods and Services Tax Act (Canada) provides that the Minister of Finance, with the approval of the Governor in Council, may enter into an agreement amending or varying the 2005 Agreement;

in accordance with section 49 of the 2005 agreement, the parties have considered amending the terms and conditions in Annex B of the 2005 agreement to make them consistent with the terms and conditions of Annex B of tax administration agreements that the Government of Canada has concluded since 2005 with other first nations with respect to their goods and services taxes;

the KFN Council has approved and authorized the Chief to enter into this amending agreement;

the Minister of Finance has the approval to enter into this amending agreement;

NOW THEREFORE, the parties agree as follow:

1. The references to “the schedule” in the following provisions of the 2005 Agreement are replaced with “Schedule 1”:

2. Annex B to the 2005 agreement is replaced by the annex called “Annex B” to this amending agreement.

3. This amending agreement is effective from the date on which it is executed by both parties.

Signed on this day of , 200 , the signatory being authorized to do so:

Originally signed by:

For the Kluane First Nation Chief

Signed on this day of , 200 , the signatory being authorized to do so:

Originally signed by:

For the government of Canada

Minister of Finance

1. The following definitions apply in this annex.
2. The Parties agree that:
3. For each Estimate of Tax Attributable to the KFN for a particular Entitlement Year, Canada’s share shall be determined as follows:

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