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November 1, 2022
The Deed of Settlement for the NND Business Trust (the “Trust”) was brought into legal operation in 2008. The Deed of Settlement has two key purposes: the establishment of the Trust and provisions for the management of funds or assets that have been settled or transferred to the Trust, including the role and authorities of the Trustees.
The current Trustees are: Donna Hogan, Florence Pilon and Teresa Samson. The Trustees are responsible for the management and governance of the Trust in accordance with the Deed of Settlement and their legal duties to act in the best interests of the First Nation of Nacho Nyak Dun (the “FNNND”).
Daryn Leas is the Protector who has specific duties under the Deed of Settlement with respect to the operation of the Trust, including the appointment, removal or replacement of Trustees. While the Deed of Settlement provides that there must be at least three Trustees at all times and the quorum for the Trustee meetings consists of two Trustees, it would be preferable to have five Trustees to strengthen the governance of the Trust.
The Protector invites FNNND Citizens, who have an interest to consider an appointment as a Trustee of the Trust, to contact him at [email protected] or (604) 353-2325 to obtain further information or confirm their interest. Interested FNNND Citizens would be required to submit a letter of interest to the Protector and participate in an interview process.
Appointment of the Trustees. The Protector has authority under the Deed to Settlement to appoint or replace Trustees as required to ensure that there are at least three Trustees. The Trustees are appointed to four-year terms and may be reappointed to successive terms.
What are the qualification requirements for the Trustees and the Youth Trustee? A person cannot be appointed as a Trustee if he or she:
– is under the age of 19 years;
– has been removed as a Trustee in the last twelve months;
– is an undischarged bankrupt or is insolvent;
– has been convicted of an indictable office in the past ten years, unless the Council, by a unanimous vote, decides not to apply this condition to the individual;
– is ineligible for bonding;
– is a sitting member of the Council; or
– is mentally incompetent.
How do the Trustees carry out their work? The Trustees are required to meet at least twice each calendar year. Written notice of at least ten days must be provided to the Trustees with respect to the time and place of each meeting of the Trustees + a statement of the general nature of the matters to be considered.
The Trustees are entitled to an honorarium as set out in a policy agreed to by the Trustees and approved by the Protection. In addition, the Trustees are provided reimbursement for travel costs relating to their duties in accordance with the Trust’s policies.
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