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14 May 2004
Agreements Between
CPR and Nine BC First Nations Ratified
Vancouver - The Government
of Canada, the Canadian Pacific Railway (CPR) and the Adams Lake, Chawathil, Kanaka Bar, Leq'a:mel,
Little Shuswap Lake, Neskonlith, Nicomen, Shuswap and Siska First Nations have ratified individual
settlement agreements that resolve uncertainty surrounding the application of the property tax powers
over the CPR right of way on these First Nations' reserves.
Chief Fred Sampson of the Siska Indian Band, speaking on behalf of the First Nations Chiefs, said
"the agreements are a positive outcome of negotiations between the parties. These agreements will
provide for a better relationship between the First Nations and CPR."
Under the settlement agreements, which come after more than two years of negotiations between CPR,
the First Nations, the Government of Canada and the Indian Taxation Advisory Board (ITAB), First
Nations' property tax jurisdiction and CPR's right to continue railway operations are confirmed. The
First Nations will exercise their property tax powers in accordance with the Property Assessment and
Taxation (Railway Right of Way) Regulations made under the Indian Act. Those regulations provide for
predictable property tax levels that are comparable to tax levels off-reserve for CPR
and for utilities located on the CPR right of way.
"These nine agreements are the product of co-operative dialogue between CPR, the
First Nations and the federal government. The agreements will form the basis for strong, positive
relationships between CPR and the First Nations, in keeping with CPR's commitment to improving
relationships with our neighbours," said John Walsh, CPR's Vice-President of Real
Estate and Supply Services, noting that CPR has now entered into property tax agreements with fourteen
BC First Nations since 2001.
"ITAB strongly supports the mutual gains approach - negotiate rather than litigate. The
resolution of this long-standing dispute provides these First Nations with
much-needed tax revenues and provides CPR with the business certainty they need,"
said ITAB Chairman, Chief Strater Crowfoot.
The agreements for four First Nations (Chawathil, Kanaka Bar, Little Shuswap Lake and Nicomen) came
into effect in December, 2003. As a result, CPR and other taxpayers on the CPR right of way through
those First Nations' reserves will be paying property taxes for 2004 and subsequent years directly to
those First Nations. The remaining five settlement agreements (for Adams Lake, Leq'a:mel, Neskonlith,
Shuswap and Siska) were ratified by the First Nations on 11 Mar 2004, and are expected
to come into force later in 2004.
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