According to the current Trust Agreement, we are to always have 5 Trustees that are comprised of:
- 2 Off-Reserve Band Members, and
- 3 On-Reserve Band Members.
The following people are the Trustees with their current terms:
Off-Reserve Band Members (2)
3-year term, ends December 21, 2020
For the 2018 Fiscal year, Justin Delorme was Trust Chairperson.
On-Reserve Band Members (3)
3-year term, ends December 21, 2020
3-year term, ends December 21, 2020
Top of Page
14. DUTIES OF TRUSTEES
(Section 14 of Kahkewistahaw 1907 Specific Claim Trust Agreement)
14.01 — Act in Good Faith: Each Trustee owes a duty, jointly and severally with the other Trustees, to the First Nation and the Members to act with the utmost good faith in his or her dealings with the Trust Property and to discharge all of his or her obligations and duties under this Agreement faithfully, honestly, to the best of his or her ability and without the purpose or result of personal gain, except as permitted under the terms of this Agreement.
14.02 — Maintenance of Records and Audit: The Trustees shall:
(a) maintain adequate records of all transactions affecting the Trust Property, including, without limitation, maintaining a register of all directions originating from the Trust Account, all expenditures made out of the Authorized Expense Account and all Band Council Resolutions received;
(b) within sixty (60) days prior to the end of each Fiscal Year engage an Auditor to prepare audited financial statements for the Trust which include statements in relation to the Trust Account along with the Authorized Expense Account and Band Account. Such statements shall be prepared in accordance with International Financial Reporting Standards or such other standards as may be recommended by the Auditor and approved by the Trustees. The Trustees shall endeavour to have such audits completed within one hundred and twenty (120) days of the end of each Fiscal Year. Upon completion, the audited financial statements in relation to the Trust Account shall be forwarded to the Trustees for their approval and the audited financial statements in relation to the Authorized Expense Account and Band Account shall be forwarded to the Council for approval on behalf of the First Nation. The Trustees and the Council shall endeavour to have the respective audited financial statements approved no later than thirty (30) days following their submission to the Trustees and the Council;
(c) provide a copy of the approved audited financial statements for the Trust Account referred to in subsection 14.02(b):
(i) to the Council immediately upon being approved by the Trustees; and
(ii) to any Member, without charge, upon request; and
(d) post in the administrative offices of the First Nation in an area to which the public has access a copy of the audited financial statements for the Trust Account, Authorized Expense Account and Band Account referred to in subsection 14.02(b) within fifteen (15) days of such audited financial statements having been approved by the Trustees and the Council.
14.03 — Information to Council: In addition to their obligations under subsection 14.02(c)(i), the Trustees shall provide the Council with:
(a) a list of the current addresses of each of the Trustees forthwith upon this Trust Agreement coming into force and thereafter upon a change in the address of a Trustee, or the selection of a replacement Trustee;
(b) a copy of the minutes of each meeting of the Trustees upon approval by the Trustees;
(c) a copy of all ledgers, registers and documents or recordings of transactions affecting the Trust Property promptly as and when requested by Council;
(d) a copy of the reports as prepared in accordance with subsection 6.01(f);
(e) a written statement advising the Council of the failure on the Trustees’ part or of the First Nation to adhere to the terms of this Agreement immediately upon becoming aware of such failure;
(f) a report certified by a member in good standing of the College of Physicians & Surgeons of Saskatchewan or of the province where the Trustee Resides, or a recognized drug testing facility, at least every eighteen (18) months or at any other time requested by the Council which indicates that each of the Trustees is free of any Prohibited Drug. The costs for such reports is to be an Authorized Expense; and
(g) a completed criminal records check and insolvency search certificate from the Office of the Superintendent of Bankruptcy, Industry Canada or their successor on each of the Trustees at least every eighteen (18) months or at any other time requested by the Council. The costs associated with such reports shall be considered an Authorized Expense.
14.04 — Access to Records: The Trustees shall permit any Member reasonable opportunity to review all ledgers, registers and documents or recordings of transactions affecting the Trust Property by appointment and in the presence and under the supervision of a Trustee or of a person authorized by the Trustees.
14.05 — Attendance at Meetings: The Trustees shall attend meetings of the Members or Council when requested by Council to report on the administration of the Trust Property in relation to the purposes of the Trust.
14.06 — Reports to Members: The Trustees shall, within one hundred and fifty (150) days of the end of each Fiscal Year, prepare a written report summarizing the activities of the Trust during the past Fiscal Year together with such other information as the Trustees deem appropriate. Such written report shall be provided to any Member wishing to obtain a copy thereof upon formal request from the Member, and copies of the report shall also be made available for distribution to the Members present at any meeting of the Members as provided for in section 14.07.
14.07 — Meeting of Members: The Trustees shall at least once in each Fiscal Year hold meetings with the Members at locations deemed appropriate by the Council provided that a meeting is held at one location on the Reserve and at least one location off Reserve in each of the Provinces of Manitoba, Saskatchewan, Alberta and British Columbia. At such meetings, the Trustees, or a delegation on behalf of the Trustees, shall present the written report referred to in section 14.06, the audited financial statements referred to in subsection 14.02(b), details of the investment of the Trust Property and the future plans for the use and investment of the Trust Property.
14.08 — Timing of Investments: The Trustees shall use their best efforts to make Authorized Investments in such a fashion so as to anticipate, to the extent reasonably possible, the requirements for funds from the Trust Account for the Purchase of Land and for Community Development. The Trustees shall, however, not be liable for any loss that may occur in connection with the disposition of any Authorized Investments made by them in good faith, provided they have satisfied their obligations and duties in accordance with this section.
14.09 — Not Responsible for Acts: A Trustee is not liable for any acts, omissions or negligence of the Trustees in the performance of their obligations and duties as Trustees that occurred before he or she became a Trustee or which occur after he or she ceases to be a Trustee.
14.10 — Indemnity: Subject to section 14.11, a Trustee shall be indemnified and saved harmless from all claims, liabilities and demands of any kind or nature whatsoever arising from the performance of his or her obligations and duties as a Trustee.
14.11 — Responsibility for Acts: A Trustee shall be liable for any claims, liabilities, demands or costs arising out of any fraudulent act or negligence in the performance of his or her obligations and duties as a Trustee or for any breach of this Agreement resulting in the actual loss of Trust Property.
Top of Page
Who can be a Trustee and How?
Do you feel you have the dedication and commitment to be a Trustee for a 3-year term?
The selection of Trustees is as follows:
(a) A majority of the Trustees must reside on the Reserve, provided that all times two (2) Trustees shall reside off reserve.
(b) Each Trustee must:
(i) be a member who has attained at least the age of eighteen (18) years as of the date of his or her appointment;
(ii) not be the Chief or member of Council as of the date of his or her appointment as a trustee;
(iii) have the minimum of Grade 12 or equivalent education recognized by the province where the member resides;
(iv) not have been declared mentally incompetent by a court of competent jurisdiction in Canada or elsewhere;
(v) not have been convicted, but not pardoned, of an offence in he past 10 years;
(vi) not have been declared bankrupt, pursuant to the previsions of the applicable bankruptcy legislation, in the past 7 years;
(vii) be eligible for the bonding as determined by the institution, according to standards determined by the institution and the First Nation and;
(viii) be free of prohibited drugs.
The Kahkewistahaw 1907 Trustee selection is done independently by a Screening Panel appointed by Chief and Council. The Screening Panel consists of:
- 1 On-Reserve Band Member
- 1 Off-Reserve Band Member
- 1 Elder, and
- 1 Non Band Member
For more information, please contact the First Nation's Executive Secretary 1-888-691-0188
Top of Page