Trust Agreement

Mar. 31/19

A copy of theThlap'Qwum Trust Community Settlement Deed Agreement is available to Snuneymuxw First Nation members only. The agreement outlines the entire settlement that was ratified by members in 2018. Please fill in the form below to request a full copy of the Agreement.

 

Here are some highlights of the Thlap'Qwum Trust Deed Agreement:

Canada and the Snuneymuxw First Nation (SFN) entered into an agreement entitled the "Snuneymuxw First Nation 79 Acre Reserve Specific Claim Settlement Agreement", dated to be effective November 14, 2016, that contains, among others, terms and conditions satisfying a specific land claim launched by SFN in 1993 against Canada wrongfully and unlawfully taking 79 acres of Indian Reserve land (the "Snuneymuxw Reserve") owed to SFN;

Snuneymuxw First Nation (SFN) irrevocably directed Canada to advance a settlement as compensation into a trust to be established and called the Thlap'Qwum Community Settlement Trust for the benefit of Snuneymuxw First Nation.

Yearly Priorities – annual budgets and priorities are to be developed by Community Trustees in consultation with SFN Council as a plan for the use of the Trust Property

Purpose of the Trust

The general purpose of the Trust is to improve the quality of life of SFN Members by generating and maximizing wealth for SFN through the promotion and funding of opportunities, programs, initiatives, and services which include;

The initial purposes of:

  • Economic development
  • Advancement of Douglas treaty rights
  • Land Acquisition
  • Community Priorities; and

Community priorities as specified under Section 31.1, and the growth of the Original Capital and capital of the Trust as specified under Section 5.7.

No part of the Trust Property will be paid, payable, or otherwise available for the personal benefit of any Trustee, Settlor, or any SFN Member unless for a purpose authorized under the terms of this trust.

Community Trustees

  • 5 Trustees in total
  • 3 on-reserve, 2 off-reserve
  • Election cycle is the same as for Council (4 year term)
  • 2 Trustees elected by Membership (1 on-reserve and 1 off-reserve)
  • 3 Trustees appointed by Council (2 on-reserve, 1 off-reserve)

Community Trustees have a general fiduciary duty to deal fairly and evenly with the Trust Property by the terms of this Trust and by law, to specifically and actively avoid conflicts of interest in the performance of the duties of the Trust and to consider the interests of the Beneficiaries.

Administrative Trustee

The Administrative Trustee has all the powers associated with the performance of its duty to oversee the efficient administration, management, and operation of the affairs of the Trust, including but not limited to the activities and transactions of the Trust, the meetings of the Community Trustees, the management, investment, and disbursement of Trust Property, and the resolving of disputes according to the provisions under Article 14.

Use of the Trust Property

Section 27 provides specific procedures respecting the disbursement of the Trust Property.  There will be no distribution of Trust Property from the Original Capital of the Trust, except as authorized under Article 29.0.

Advance Requests of Funding

Advance requests must adhere to both Section 5.1 and 31. 

Section 28 sets out the Protocol for Advance Requests from Members.  The process can be summarized as follows:

  • SFN Council receives all Advance requests from Members
  • A Member cannot submit more than 1 Advance Request in any five-year period,
  • A request cannot duplicate existing programs or services,
  • No personal benefit, personal use, furniture or appliances
  • No vehicle for personal use
  • No debt repayment
  • No travel costs for conferences or competitions

The amount requested must be accompanied by a budget.  All Advance Requests from SFN Council to the Community Trustees will be accompanied by forms set out in Schedule D and Schedule F.  All Advance requests will be submitted by Council to the Administrative Trustee.  The Administrative Trustee will ensure all documentation is in place and will then forward to the Trustees for review.  All Advance requests must be consistent with yearly priorities

 

Please fill out the important information below so that we can confirm your Snuneymuxw First Nation membership and you will be emailed the entire Trust Agreement: