Good afternoon membership,
There have been many questions brought forward about the vote in December. If you recall Trustees presented recommended amendments to the Trust agreement to members at the 2020 and this years Trust annual report meetings. Below is a summary of the proposed amendments.
Proposed Amendments to the Trust Agreement
- Amending the definition of the term “Annual Distribution” in Subsection 1.01 (4) of the Trust agreement to increase the Annual distribution from the current 2% to 3% of the market value of the trust property each year. This will allow for an increase every year in the amount of money going to the Community Development Account for distribution out to the Members and First Nation for the funding of projects in the individual, business and community categories.
- Amend the definition of the term “Community Development” in subsection 1.01 (17) of the Trust agreement to include within the permitted forms of Community Development projects related to the payment of power, heat and water utility payments on behalf of elder members of the First Nation 60 years of age and over. The proposed amendment will allow for these payments to come out of the Community Development Account.
- Amending the definition of the term “improvements” in subsection 1.01(26) of the Trust Agreement to include within the definition the purchase of chattels, plant, equipment, and inventory relating to the purchase of Land. This will essentially allow the Trustees and band Council to not only acquire Land but other assets that may go along with properties they may purchase in the future.
- Amending of section 5.04 of the Trust agreement dealing with the management of Lands to include reference to the improvements as described above and to allow for the leasing out of those improvements along with the leasing of the Lands once they are acquired.
- Under the current provisions of the Trust Agreement, if the Trustees purchase a housing unit along with the purchase of lands, the responsibility for administration of the housing unit comes under the purview of the First nation provided that any costs incurred with respect to the maintaining, improving, renovating, or demolishing and removing the housing unit may be paid out of the Trust as an Authorized expense. The Trustees are proposing to amend the provisions outlined in section 5.05 of the Trust agreement to require that any and all costs associated with the maintaining, improving, renovating or demolishing and removing of a housing unit be approved by the Trustees prior to the incurring of such costs. This will allow the Trustees accountability in terms of managing the costs associated with these items going forward.
- Under the current provisions of the Trust Agreement, the Trustees must within 150 days of the end of each fiscal year prepare a written report summarizing the activities of the trust during the past fiscal year. Due to Covid and other unforeseen circumstances, difficulties have been encountered by the Trustees in having the annual reports prepared within the timelines provided. To address this situation going forward, the Trustees are proposing to amend the provisions outlined in section 14.06 of the Trust Agreement to require that the annual report be prepared following the end of each fiscal year and to have the report made available for distribution to the members during the annual Members’ meetings provided for under section 14.07 of the Trust Agreement. This amendment would essentially remove the 150-day requirement and instead require that with the annual meetings to be held by the Trustees with the members under section 14.07 once the are scheduled each year.
Trustees along with Chief and Council will be out to meet the members to discuss these amendments prior to the polling stations being opened at each location. If you are unable to attend in person, you can email the ratification officer, Irvin Montana at firstname.lastname@example.org to request a mail-in ballot.
Kahkewistahaw 1907 Specific Claim Trust