Rainy River First Nations Settlement Agreement Remission Order (SI/2007-31)

Full Document:

Regulations are current to 2013-04-29

Rainy River First Nations Settlement Agreement Remission Order

Registration 2007-03-07

Rainy River First Nations Settlement Agreement Remission Order

P.C. 2007-207 2007-02-22

Her Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Finance, pursuant to subsection 23(2)Footnote ^a of the Financial Administration Act, hereby makes the annexed Rainy River First Nations Settlement Agreement Remission Order.

1. (1) The following definitions apply in this Order.
“Act”
« Loi »
“Act” means the Excise Tax Act.
“additional land”
« terre nouvelle »
“additional land” has the same meaning as in paragraph 1.01(b) of the settlement agreement.
“Rainy River”
« Rainy River »
“Rainy River” means the Rainy River First Nations, which is a band as defined in subsection 2(1) of the Indian Act.
“related supply”
« fourniture connexe »
“related supply” means, as the case may be, a supply or cost described in subparagraph 2(a)(ii), (iii) or (iv) or a corresponding supply or cost in relation to a supply of replacement land.
“replacement land”
« terre de remplace- ment »
“replacement land” has the same meaning as in paragraph 16.01(c) of the settlement agreement.
“reserve”
« réserve »
“reserve” has the same meaning as in subsection 2(1) of the Indian Act.
“settlement agreement”
« accord de règlement »
“settlement agreement” means the settlement agreement that was entered into by Her Majesty the Queen in right of Canada, Her Majesty the Queen in right of Ontario and Rainy River and that became effective on May 6, 2005.
Marginal note:Other words and expressions
(2) Any word or expression used in this Order and not defined in subsection (1) has the same meaning as in subsection 123(1) of the Act.

2. Remission is hereby granted to Rainy River of

(a) the tax paid or payable under Part IX of the Act by Rainy River or its agent in respect of
- (i) the supply to Rainy River or its agent of additional land so long as the cumulative total of additional land supplied to Rainy River does not exceed the quantity of additional land that Rainy River is entitled to request to be set apart as reserve in accordance with section 4.01 of the settlement agreement,
- (ii) the supply by way of sale to Rainy River or its agent of tangible personal property that is collateral to a supply of additional land referred to in subparagraph (i),
- (iii) the supply to or cancellation in favour of Rainy River or its agent of a third party interest in additional land referred to in subparagraph (i) if the third party interest is one that is discharged, released, extinguished, cancelled or acquired in accordance with paragraph 4.40(a) of the settlement agreement, and
- (iv) any costs incurred by Rainy River or its agent in the context of a transaction described in any of subparagraphs (i) to (iii); and
(b) any interest and penalties paid or payable by Rainy River or its agent under Part IX of the Act in respect of any transaction described in any of subparagraphs (a)(i) to (iii) or a cost referred to in subparagraph (a)(iv).