New Brunswick must compensate First Nations for carbon tax, court rules – The Lawyer’s Daily

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New Brunswick must compensate First Nations for carbon tax, court rules – The Lawyer’s Daily

by ahnationtalk on March 31, 202118 Views

March 31, 2021

Governments cannot use legislative amendments to get around fulfilling their contractual obligations, says a lawyer after a court in New Brunswick found that the province must share its carbon tax revenue with a group of First Nations communities.

The March 19 Court of Queen’s Bench ruling in Kingsclear First Nation et al v. PNB 2021 NBQB 065 focuses on a dispute between New Brunswick’s six Wolastoqey First Nations bands and the province over the latter’s obligation to share carbon tax revenue collected on reservations.

The case dates back to 1994, when the province signed contracts with each of the Wolastoqey First Nations, agreeing that it would return a portion of provincial taxes collected through the sale of gasoline, diesel and tobacco on reserves, in exchange for a number of conditions, including that Wolastoqey ensure on-reserve retailers properly collect taxes on these items.

Read More: https://www.thelawyersdaily.ca/articles/25686/new-brunswick-must-compensate-first-nations-for-carbon-tax-court-rules

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