KAHKEWISTAHAW 1907 SPECIFIC CLAIM TRUST AGREEMENT
Tansi Kahkewistahaw First Nation Members. The Kahkewistahaw 1907 Specific Claim Trust Screening Panel is looking for members who may be interested in becoming a Trustee.
Terms of the following Trustee Positions expire on December 21, 2020. Please be advised that three (3) positions are open:
Two (2) – On Reserve Trustee Positions from December 22, 2020 to December 21, 2023
One (1) – Off Reserve Trustee Position from December 22, 2020 to December 21, 2023
The screening panel is soliciting applications from the members who are interested in becoming a Trustee. Upon receipt of the applications, the screening panel will review the applications and conduct interviews of the qualified candidates. The screening panel will then make its recommendations of who should be selected as the replacement Trustees, to the Chief and Council. The final decision of who is selected will be made by the Chief and Council, which is to be based on the screening panels’ recommendations.
The Trustees’ main responsibilities will be to:
a) Prudently invest the Trust Property
b) Oversee land purchases, including
• Site selection and related work of purchasing land (Chief and Council have ultimate say as to what land is purchased),
• Completing the land sales,
• Completing the Additions to Reserve Process for any land that is purchased,
• Ensuring that any land purchased is properly administered, on behalf of and as agent for the First Nation, prior to the land being places in reserve status;
c) Hire, instruct and evaluate employees;
d) Hire and instruct auditors, investment advisors, lawyers and any other advisors;
e) Keep proper detailed records (financial and otherwise) as required by the Trust Agreement;
f) Report to the Chief and Council and Membership, as required by the Trust Agreement; and
g) In all other ways follow the provisions of the Trust Agreement.
Under Article 12 of the Trust Agreement, five (5) Trustees and two (2) Alternates are appointed. The terms of one (1) off-reserve Trustee and two (2) on-reserve Trustees is expiring and
replacements need to be selected in accordance with the Trust Agreement. Also two alternates are to be selected. The following criteria are set out in section 12.02 for the Trustees:
(a) a majority of the Trustees must Reside on the Reserve, provided that at all times two (2) Trustees shall Reside off the Reserve;
(b) each Trustee must:
(i) be a Member who has attained at least the age of eighteen (18) years a.s of the date of his or her appointment;
(ii) not be the Chief or member of the Council as of the date of his or her appointment as a Trustee;
(iii) have a minimum of grade 12 or equivalent education recognized by the province where the Member resides;
(iv) not have been declared to be mentally incompetent by a court of competent jurisdiction in Canada or elsewhere;
(v) not have been convicted, but not pardoned, of an indictable offence in the past ten (10) years;
(vi) not have been declared a bankrupt pursuant to the provisions of the applicable bankruptcy legislation, in the past seven (7) years; and
(vii) be free of any Prohibited Drug.
A Prohibited Drug is def med in the Trust Agreement as follows:
”Prohibited Drug” means any substance or drug prohibited pursuant to the Controlled Drugs and Substances Act, R.S. 1996, c. 19, and the Food and Drugs Act, R.S. 1985, c. F-27, as the same may be amended or replaced from time to time, and listed on a schedule to such acts, or any substance which can be demonstrated to affect the mental or physical ability to perform one ‘s duties;
Members who wish to apply to be a Trustee must provide the following information to the Screening Panel:
(i) a detailed resume that includes details of the candidate’s education, which shall include a copy of the certificate evidencing the highest education level achieved and any other pertinent certificates or diplomas;
(ii) a current (meaning no later than three (3) months old) criminal records check indicating the candidate’s criminal record;
(iii) an insolvency search certificate from the Office of Superintendent of Bankruptcy Canada, Industry Canada, or their successor;
(iv) a current (meaning no later than three (3) months old) report certified by a member in good standing of the College of Physicians & Surgeons of Saskatchewan or of the province where the candidate Resides, or a recognized drug testing facility, indicating that the candidate is free of any Prohibited Drug;
(v) if the potential candidate is the Chief or a Councillor, a written statement that if selected as a Trustee, they will resign their position as Chief or Councillor; and
(vi) any other information requested by the Council or the screening panel;
Upon receipt of the applications the screening panel will review the applications to ensure the applicant meets the qualifications, set out in the Trust Agreement, to be a Trustee. The screening panel will then interview the applicants who meet the qualifications.
Any costs that the members may incur in completing the necessary application materials are the sole responsibility of each Member applying.
The screening panel will keep the documents for thirty days and then we will destroy all information unless a candidate has requested his or her information be returned to them.
If you wish to apply to be a Trustee, you must forward your written application and necessary documentation to the address below, applications that are incomplete after the deadline date will not be considered.
To be considered, and due to the restricted time line we ask all applicants to have all of the necessary documents emailed, faxed and/or hand delivered to:
Kahkewistahaw Administration Office (Brenda Wasacase) no later than November 25, 2020 at 4:30 p.m.
Interviews will be held on December 8 & 9, 2020 at the Kahkewistahaw First Nation Trust Boardroom.
All eligible candidates will be contacted on November 30, 2020 to confirm an interview time.
Please send your application to:
Kahkewistahaw Trustee Screening Panel
c/o Lynn Bear, Chairperson
Mark Envelopes: Personal and Confidential
P. 0. Box 609
If you have any questions, they may be addressed to the Chairperson for the screening panel to review.
Lynn Bear, Chairperson