From 1875 to 1988, it was illegal for First Nations to collect property taxes. And yet municipalities and provincial governments were allowed to levy and collect property taxes from Reserves without supplying any services. This imbalance resulted in a financial strain with a significant barrier to capital development, putting Ch’íyáqtel (Tzeachten) and many other First Nations economically behind with substandard infrastructure, roads, sewer, water, recreation, and other services.
Through a bylaw under the Indian Act, Ch’íyáqtel (Tzeachten) has been administering property taxes since 1995. New federal legislation does allow First Nations to pass taxation laws, and Ch’íyáqtel (Tzeachten) is currently enacting the Property Assessment Law and Property Taxation Law. While there are 1500 property taxation folios on the reserve and residents pay taxes, Ch’íyáqtel (Tzeachten) only retains 25% because the reserve lies within Chilliwack. The city of Chilliwack collects the other 75%.
Taxation Process
The Ch’íyáqtel (Tzeachten) First Nation works with the British Columbia Assessment Authority (BCAA) to assess property values on the reserve using the guidelines in the Ch’íyáqtel (Tzeachten) First Nation Property Assessment Law. BCAA uses the same valuation practices and procedures that are applied off-reserve.
Property values are assessed based on the actual value determined as of July 1 of that year, when all assessments are complete. The value is determined considering the property's physical condition and permitted use on October 31 (December 31 for manufactured homes).
Frequently Asked Questions
This information is to help residents of Ch’íyáqtel (Tzeachten) First Nation reserve lands understand how the First Nation property taxation system works. It is intended as a guide only and may change with Law amendments.
General
The laws are a transition from the Indian Act bylaws. They allow Ch’íyáqtel (Tzeachten) to coordinate our taxation laws and collection dates with the ones used by the City. They also allow us to tailor the laws for our Reserve and our taxpayers, create more flexible options for installment payments, and have better enforcement.
The new laws are also part of Ch’íyáqtel’s (Tzeachten) work to become a First Nation Finance Authority member. The FNFA is a group of First Nations that have passed rigorous criteria and demonstrated solid laws and governance structures. Once Ch’íyáqtel (Tzeachten) has all of our laws and policies in place and becomes a member of FNFA, we will be eligible for low-interest loans to carry out major projects to improve the Reserve such as sewer, water, road, sidewalk, recreation, and building projects.
Ch’íyáqtel (Tzeachten) has had the authority to raise property taxes since 1995. However, Ch’íyáqtel (Tzeachten) has historically and continues to be committed to keeping property taxes on par with the City of Chilliwack’s taxes.
Furthermore, the First Nations Fiscal Management Act (FMA) governs Ch’íyáqtel (Tzeachten). The FMA mandates the First Nations Tax Commission (FNTC) to develop standards for our local revenue laws and practices. These standards regulate property taxation practices on Reserve and set out Tax Rate Law restrictions specifically for rate setting and rate increases. Within given standards, the average tax bill cannot increase by more than the national inflation rate from the previous year.
No. Ch’íyáqtel (Tzeachten) members remain tax-exempt.
Taxation applies to ownership & occupation – so all users occupying the land are subject to property taxes.
The Assessment Process
The Ch’íyáqtel (Tzeachten) First Nation has a contract with the British Columbia Assessment Authority (BCAA) to assess properties on reserve. BCAA uses the Ch’íyáqtel (Tzeachten) First Nation Property Assessment Law guidelines. BCAA applies the same valuation practices procedures as are applied off-reserve.
Property values are assessed based on the actual value determined as of July 1 of that year, when all assessments are complete. The value is determined considering the property's physical condition and permitted use on October 31 (December 31 for manufactured homes).
BCAA will mail your notice to you on or before December 31.
Yes. You will find details on how to appeal your assessment on the back of your assessment notice. Appeals must be received at BCAA by January 31 of the year after the assessment roll is complete. Remember, you can only appeal your property assessment, not your property taxes.
The Tax Process
Ch’íyáqtel (Tzeachten) First Nation has jurisdiction under FMA to levy taxes and therefore has the sole authority to set tax rates. However, Ch’íyáqtel (Tzeachten) First Nation has historically adopted the Mill Rates set annually by the City of Chilliwack.
Your property tax payment is due on or the first business day after Canada Day. The taxation period is from January 1st to December 31st.Taxes are paid at the Ch’íyáqtel (Tzeachten) Community Center or by mail. We accept cheques, bank drafts, or E-transfer. We also offer a monthly installment prepayment plan (direct deposit.)
The penalty for outstanding gross taxes is 10% at the close of business on the year taxes are due. Delinquent tax will bear interest at 1.25% monthly.
Ch’íyáqtel’s (Tzeachten) homeowner grant program is similar to the Province of BC's with some exceptions. The grants are available to those who qualify. Forms are available at the Lands Department and can be picked up in person, mailed, or emailed. The HOG may reduce your property taxes up to $570. The FN Over 65 or Handicapped Grant may reduce your taxes up to $845.
Complete, sign, and return the homeowner grant application on the back of your tax notice and your payment to the Ch’íyáqtel (Tzeachten) First Nation Taxation office by the due date on your current year tax notice.
Unfortunately no. The Tax Deferral Program is a Provincial program that does not apply to Reserve. No equivalent program is available for Ch’íyáqtel (Tzeachten) First Nation.
If your mortgage company pays your property taxes on your behalf, you may still qualify for the grant. However, it is still your responsibility to:
Complete, sign, and return the homeowner grant application on the back of your tax notice to the Ch’íyáqtel (Tzeachten) First Nation Taxation office by the due date. Do not send your grant application to your mortgage company.
Make sure your mortgage company pays the correct property tax amount minus your eligible homeowner grant.
Confirm whom -you or your mortgage company - will pay your taxes to avoid a duplicate payment or late payment penalty.
Please note: financial institutions cannot approve your homeowner grant application.
Review your "Purchaser's Statement of Adjustments'' from your lawyer at the sale's closing. Depending on the time of year, your taxes will be allocated proportionally between Purchaser and Seller. Ultimately, the current owner is responsible for paying all taxes.
All registered owners are responsible for paying taxes whether they receive a notice or not. You should receive your tax notice at the beginning of June. If a notice is not received, contact the Ch’íyáqtel (Tzeachten) First Nation Taxation office for a copy of your notice.