Tsawwassen First Nation Tax Treatment Agreement Amendment Agreement

THIS AMENDMENT AGREEMENT dated for reference April 1, 2013.

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Finance

(“Canada”)

OF THE FIRST PART

AND:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Finance

(“British Columbia”)

OF THE SECOND PART

AND:

TSAWWASSEN FIRST NATION

(the “Tsawwassen First Nation”)

OF THE THIRD PART

WHEREAS:

NOW THEREFORE in consideration of the premises and the covenants and agreements set out below, the Parties agree as follows:

AMENDMENTS

1. The definition of “claimant” in section 1 of the Tsawwassen First Nation Tax Treatment Agreement is amended by:

(a) deleting “or” at the end of clause (A);

(b) deleting “and” at the end of clause (B) and replacing it with “or”; and

(c) adding the following clause (C):

“(C) a partnership each member of which is a person described in subparagraph (i) or clause (A) or (B); and”.

2. Effective April 1, 2013, section 1 of the Tsawwassen First Nation Tax Treatment Agreement is amended by:

(a) adding the following definition after the definition of “ Motor Fuel Tax Act ”:

(b) deleting the definition of “Social Service Tax Act”; and

(c) adding the following definition after the definition of “Property Transfer Tax Act”:

3. The definition of “Tsawwassen Government Corporation” in section 1 of the Tsawwassen First Nation Tax Treatment Agreement is deleted and in subsections 7(1), 8(1) and 8(3), subparagraphs 9(1)(c)(ii) and 9(1)(c)(iii) and section 10 the term “Tsawwassen Government Corporation” is deleted and replaced by the term “eligible corporation”.

4. Subsection 3(2) of the Tsawwassen First Nation Tax Treatment Agreement is amended by adding “and 149(11) ” after the term “149(1.3)” and by deleting the term “municipality” and replacing it with the term “public body performing a function of government”.

5. Subsection 3(3) of the Tsawwassen First Nation Tax Treatment Agreement is amended by deleting the term “municipality” and replacing it with the term “public body performing a function of government in Canada”.

6. Effective April 1, 2013, the heading of section 5 of the Tsawwassen First Nation Tax Treatment Agreement is amended by deleting “SOCIAL SERVICES TAX” and replacing it with “PROVINCIAL SALES TAX”.

7. Effective April 1, 2013, subsection 5(1) of the Tsawwassen First Nation Tax Treatment Agreement is amended by:

8. Effective April 1, 2013, subsection 5(2) of the Tsawwassen First Nation Tax Treatment Agreement is amended by adding “or rebate” after “refund”.

9. Effective April 1, 2013, subsection 5(3) of the Tsawwassen First Nation Tax Treatment Agreement is amended by deleting “Social Service Tax Act” and replacing it with “Provincial Sales Tax Act”.

10. Effective April 1, 2013, subsection 5(4) of the Tsawwassen First Nation Tax Treatment Agreement is amended by deleting “Social Service Tax Act” and replacing it with “Provincial Sales Tax Act, the New Housing Transition Tax and Rebate Act”.

11. Effective April 1, 2013, subsection 5(5) of the Tsawwassen First Nation Tax Treatment Agreement is amended by:
CONTINUING FORCE AND EFFECT
FURTHER ASSURANCES
HEADINGS
SINGULAR AND PLURAL
NO ASSIGNMENT
ENUREMENT
EFFECTIVE DATE
COUNTERPARTS

EXECUTED on the 8th day of April, 2014 in the presence of:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Finance

Joe Oliver

EXECUTED on the 4th day of March, 2014 in the presence of:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Finance

Michael de Jong

EXECUTED on the 6th day of November, 2013 in the presence of:

TSAWWASSEN FIRST NATION, as represented by

Chief Bryce Williams

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