Explanatory Note

This Bill creates the New Relationship Trust and authorizes the government to provide to that corporation the sum of $100 million.

The corporation is to create a New Relationship Account into which money provided by the government is to be deposited along with any unrestricted contributions from other sources, and the money in that account is then to be available for the purposes set out in section 17 of this Bill.

The corporation may, if money is provided from other sources on conditions that limit the range of options available to the directors under section 17 of this Bill, create other accounts into which money from those other sources is to be deposited, and the money in those accounts is then to be available for the purposes set out in this Bill as limited by the specified conditions.

BILL 11 – 2006
NEW RELATIONSHIP TRUST ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 -- Interpretation

Definitions

1 In this Act:

"British Columbia Assembly of First Nations" means the British Columbia Assembly of First Nations, a society incorporated under the Society Act;

"Contribution Accounts" means the New Relationship Account and any other accounts established under section 16 (3) (a);

"first nation" means a first nation in British Columbia;

"First Nations Leadership Council" means

(a) that body comprising the following 7 individuals:

(i) 3 of the members of the executive of the First Nations Summit who are, from time to time, designated by the First Nations Summit as the "Task Group", or, if there are fewer than 3 members of that executive within the "Task Group", the members of the executive within the "Task Group" plus other members of the First Nations Summit who are appointed or elected by that body to be its representatives on the First Nations Leadership Council, to a maximum total number of 3;

(ii) the president, vice-president and secretary-treasurer, from time to time, of the Union of British Columbia Indian Chiefs, or, if the same person holds 2 or more of those positions, those officers plus other members of the Union of British Columbia Indian Chiefs who are appointed or elected by that society to be its representatives on the First Nations Leadership Council, to a maximum total number of 3;

(iii) an individual elected by the members of the British Columbia Assembly of First Nations to be the regional chief, or

(b) if either of the following events occurs, the Organizations as a group:

(i) the body referred to in paragraph (a) is dissolved or otherwise ceases to exist;

(ii) one or more of the positions referred to in paragraph (a) (i), (ii) or (iii) ceases to exist;

"First Nations Summit" has the same meaning as "Summit" in the Treaty Commission Act;

"First Nations Summit Society" means the First Nations Summit Society, a society incorporated under the Society Act;

"new relationship" means the new relationship entered into by the government and first nations, as represented by the First Nations Leadership Council, in March 2005;

"New Relationship Account" means the account established under section 4 (3) (a);

"New Relationship one-time allocation" means the $100 million paid to the New Relationship Trust under section 15;

"New Relationship Trust" means the New Relationship Trust established under section 2 (1);

"Organizations" means the First Nations Summit, the Union of British Columbia Indian Chiefs and the British Columbia Assembly of First Nations;

"qualified individual" means an individual who is not

(a) an elected or appointed official, or an employee, of

(i) an Organization, or

(ii) the First Nations Summit Society,

(b) an individual who is

(i) a member of the First Nations Summit, the British Columbia Assembly of First Nations or the First Nations Summit Society or a full member of the Union of British Columbia Indian Chiefs, or

(ii) if such a member is not an individual, an individual who is elected, appointed or designated by the member to be the member's representative in or for that body,

(c) an elected chief of a first nation,

(d) a Member of the Legislative Assembly,

(e) an employee of the government,

(f) a member of the board of directors of the New Relationship Trust, or

(g) a person who is

(i) the spouse, parent or child of any individual referred to in paragraph (f), or

(ii) any other relative residing with that individual;

"Union of British Columbia Indian Chiefs" means the Union of British Columbia Indian Chiefs, a society incorporated under the Society Act.

Part 2 -- New Relationship Trust

New Relationship Trust established

2 (1) There is established a not-for-profit corporation known as the New Relationship Trust consisting of the directors referred to in section 3.

(2) The New Relationship Trust has the powers and capacity of an individual of full capacity.

(3) The New Relationship Trust is not an agent of the government, the Organizations, the First Nation Summit Society or the First Nations Leadership Council.

Directors of the New Relationship Trust

3 (1) Directors of the New Relationship Trust must be appointed in accordance with this Part.

(2) Subject to section 4, the board of directors of the New Relationship Trust is to consist of 7 individuals of whom

(a) 3 are to be appointed by the Organizations, with each of the 3 Organizations appointing one individual as a director,

(b) 2 are to be appointed by the First Nations Leadership Council, and

(c) 2 are to be appointed by the Lieutenant Governor in Council.

(3) Subject to section 4 (4), the term of office of a director of the New Relationship Trust is 2 years from the expiry of the term of the retiring director whom he or she replaces.

(4) Nothing in this Act prevents

(a) an Organization from removing and replacing, in accordance with any procedures it has established for that purpose, any individual the Organization has appointed as a director of the New Relationship Trust,

(b) the First Nations Leadership Council from removing and replacing, in accordance with any procedures it has established for that purpose, any individual the First Nations Leadership Council has appointed as a director of the New Relationship Trust, and

(c) the Lieutenant Governor in Council from removing and replacing any individual the Lieutenant Governor in Council has appointed as a director of the New Relationship Trust.

(5) If a director is removed and replaced under subsection (4),

(a) the following must promptly notify the directors of the New Relationship Trust of the replacement appointment:

(i) for a removal and replacement under subsection (4) (a), the Organization;

(ii) for a removal and replacement under subsection (4) (b), the First Nations Leadership Council;

(iii) for a removal and replacement under subsection (4) (c), the minister, and

(b) the term of office of the replacement director is the remainder of the term of office of the director he or she replaces.

(6) A director of the New Relationship Trust is removed as, and ceases to be, a director of the New Relationship Trust on the passing of a resolution to that effect by all of the remaining directors.

(7) An act or proceeding of the directors of the New Relationship Trust is not invalid merely because fewer than the number of directors required by subsection (2) are in office or in attendance.

(8) An individual who is a Member of the Legislative Assembly or an employee of the government must not be appointed as a director of the New Relationship Trust.

First directors of the New Relationship Trust

4 (1) The First Nations Leadership Council must nominate to the Lieutenant Governor in Council 5 individuals to be appointed as the first directors of the New Relationship Trust, being one individual selected by the First Nations Leadership Council from each of the Organizations as a representative of that Organization and 2 other individuals selected by the First Nations Leadership Council as representatives of the First Nations Leadership Council, and the Lieutenant Governor in Council must appoint as directors of the New Relationship Trust

(a) those 5 individuals, and

(b) 2 other individuals.

(2) The individuals appointed by the Lieutenant Governor in Council under subsection (1) and any replacements for them appointed under section 6 (2) are the first directors of the New Relationship Trust.

(3) The first directors of the New Relationship Trust

(a) must establish a New Relationship Account and any other accounts that, under section 16 (3), they are required to establish,

(b) must, after receipt of the New Relationship one-time allocation, deposit that money into the New Relationship Account,

(c) if other donations and contributions are received, must deposit the donation or contribution in accordance with section 16,

(d) may retain legal, financial or other technical consultants for the purposes of this subsection,

(e) subject to paragraph (d) and section 11 (1), must not make any use of the money in the Contribution Accounts other than to invest it in accordance with section 18,

(f) subject to section 20, must appoint the first chief executive officer and first chief financial officer of the New Relationship Trust in accordance with section 9,

(g) must appoint the first auditor of the New Relationship Trust in accordance with section 14,

(h) must develop and implement a process to solicit and consider input from first nations, to determine

(i) first nation needs and priorities,

(ii) how funding from the Contribution Accounts should be provided, and

(iii) any other information required for the purposes of section 12,

(i) must undertake, in conjunction with the process established under paragraph (h), preparation of a strategic plan in accordance with section 12, including a forecast of revenues, expenses and other financial transactions for each fiscal year in the period to which the strategic plan relates, and

(j) subject to section 20, must establish criteria to be considered in, and the process for, the appointment of subsequent directors of the New Relationship Trust.

(4) The term of office of the first directors of the New Relationship Trust expires 8 months after the date of the coming into force of this Act.

(5) Despite the Financial Administration Act and the appointments under subsection (1), the New Relationship Trust is not a government corporation within the meaning of the Financial Administration Act.

Subsequent directors

5 (1) Subject to section 20 and to any criteria and process requirements established under section 4 (3) (j), as those criteria and process requirements are amended from time to time by subsequent directors, an Organization must appoint an individual to assume office as a director on the expiry of the term of office of the director selected under section 4 (1) (a) as a representative of the Organization, and must appoint an individual to assume office as a director on the expiry of the term of office of a director appointed by the Organization under section 3 (2) (a), which appointments must be made on or before the expiry of the term of office of the directors being replaced.

(2) Subject to section 20 and to any criteria and process requirements established under section 4 (3) (j), as those criteria and process requirements are amended from time to time by subsequent directors, the First Nations Leadership Council must appoint 2 individuals to assume office as directors on the expiry of the term of office of the directors selected under section 4 (1) (a) as representatives of the First Nations Leadership Council, and must appoint 2 individuals to assume office as directors on the expiry of the term of office of the directors appointed by the First Nations Leadership Council under section 3 (2) (b), which appointments must be made on or before the expiry of the term of office of the directors being replaced.

(3) The Lieutenant Governor in Council must appoint 2 individuals to assume office as directors on the expiry of the term of office of the directors appointed under section 4 (1) (b), and must appoint 2 individuals to assume office as directors on the expiry of the term of office of the directors appointed by the Lieutenant Governor in Council under section 3 (2) (c), which appointments must be made on or before the expiry of the term of office of the directors being replaced.

(4) Promptly after an appointment under this section, the following must notify the directors of the New Relationship Trust of the appointment:

(a) for an appointment referred to in subsection (1), the appointing Organization;

(b) for an appointment referred to in subsection (2), the First Nations Leadership Council;

(c) for an appointment referred to in subsection (3), the minister.

Vacancies among the directors

6 (1) A director of the New Relationship Trust ceases to hold office when

(a) the director's term of office expires, or

(b) the director dies, resigns or is removed from office.

(2) If one of the directors of the New Relationship Trust ceases to hold office under subsection (1) (b), a replacement for that director must be appointed, in the same manner as that director was appointed, within,

(a) in the case of a first director, 14 days, and

(b) in the case of a subsequent director, 45 days.

(3) A replacement director appointed under subsection (2) holds office until the end of the term of office of the director he or she replaces.

Proceedings of directors

7 (1) The directors of the New Relationship Trust

(a) must appoint one of their number as chair, and

(b) may, subject to this Part, otherwise establish their own procedures.

(2) Subject to section 18, the directors of the New Relationship Trust may invest any or all of the money in the Contribution Accounts.

Guiding principles

8 In performing their duties under this Act, the directors of the New Relationship Trust must be guided by the following principles:

(a) the funding activities of the New Relationship Trust should be appropriate to the needs and priorities of first nations as determined by the directors through the process established under section 4 (3) (h), as that process is amended from time to time by subsequent directors;

(b) the New Relationship Trust should be accessible by all first nations;

(c) funding should be provided by the New Relationship Trust

(i) in a simple, efficient and flexible manner,

(ii) in a way that is responsive to changing needs and circumstances, and

(iii) to lead to the achievement of specified outcomes, consistent with the purposes for which the Contribution Account out of which the funding is to be provided was established, in accordance with specific plans, processes and timelines;

(d) the New Relationship Trust should be operated in a simple, efficient and flexible manner with openness, transparency and accountability;

(e) subject to paragraph (f), the New Relationship Trust should recognize that funding for certain activities may be available from other sources and should avoid providing funding for any purpose for which funding has been provided by, or is available from, any other source, other than the government;

(f) funding may be provided for a purpose referred to in paragraph (e) if the donor or the recipient can, through leveraging of that funding with other funds, enhance opportunities to undertake or participate in activities consistent with

(i) the principles identified in this section in relation to the New Relationship Trust, and

(ii) the purposes for which the Contribution Account out of which the funding is to be provided was established.

Appointment of chief executive officer and chief financial officer

9 (1) Subject to section 20, the directors must appoint a qualified individual as the chief executive officer of the New Relationship Trust, and the same or a different qualified individual as the chief financial officer of the New Relationship Trust, to carry out

(a) the functions and duties of the chief executive officer and chief financial officer, respectively, under this Act, and

(b) the functions and duties that the directors specify.

(2) The directors may set the remuneration of the chief executive officer and chief financial officer, and in so doing are to be guided by rates of remuneration that public bodies in British Columbia of a similar size and scope provide to comparable officers.

Officers and employees

10 (1) The chief executive officer, to the extent authorized by the directors, may do one or more of the following:

(a) enter into contracts on behalf of the New Relationship Trust to carry out any of its purposes;

(b) appoint other officers and employees considered necessary to carry out the operations of the New Relationship Trust;

(c) define the duties and set the remuneration of the individuals appointed under paragraph (b);

(d) provide a system of organization to establish responsibility and promote efficiency.

(2) The Public Service Act, the Public Service Benefit Plan Act, the Public Sector Pension Plans Act and the Public Service Labour Relations Act do not apply to

(a) the New Relationship Trust,

(b) the chief executive officer or the chief financial officer, or

(c) a director, officer or employee of the New Relationship Trust in his or her capacity as a director, officer or employee.

Operating expenses and remuneration

11 (1) The directors may use money from a Contribution Account to satisfy those expenses that are reasonably and necessarily incurred in order to allow the directors and officers to perform their obligations in relation to the money in that account, including, without limitation, any payments required under subsection (2) and sections 9 (2), 10 (1) (c) and 14 (1).

(2) Subject to subsection (3), a director of the New Relationship Trust must not accept remuneration from that corporation other than the following:

(a) remuneration for reasonable travelling and out of pocket expenses necessarily incurred by the director in discharging his or her duties;

(b) a daily amount, established by the directors in consultation with the First Nations Leadership Council, for each day on which the director performs directorial services for the New Relationship Trust.

(3) In establishing a daily amount under subsection (2) (b), the directors are to be guided by rates of daily remuneration that public bodies in British Columbia of a similar size and scope provide to their directors.

Part 3 -- Public Accountability

Strategic plans

12 (1) For the benefit of the New Relationship Trust and for the purposes of public accountability, the directors must prepare strategic plans in accordance with this section.

(2) Subject to subsection (4), the directors must

(a) each year, after soliciting and considering first nations' input in the manner and to the extent provided in the process established under section 4 (3) (h), as that process is amended from time to time by subsequent directors, and after soliciting and considering public input, prepare a 3 year strategic plan, within the meaning of subsection (3) of this section, for the New Relationship Trust, including

(i) goals, specific outcomes and performance measures for each fiscal year in the period to which the strategic plan relates, reflecting the principles identified in section 8 in relation to the New Relationship Trust and relating to the fulfillment of the purposes for which the Contribution Accounts were established, and

(ii) a forecast of revenues, expenses and other financial transactions for the New Relationship Trust for each fiscal year in the period to which the strategic plan relates,

(b) provide a copy of each strategic plan prepared under this section to each of the Organizations for distribution to the Organization's members, and

(c) publish each strategic plan prepared under this section in a manner that can reasonably be expected to bring the strategic plan to the attention of the public.

(3) Subject to subsection (4), the directors must prepare and publish

(a) the first strategic plan required under subsection (1), for the fiscal year of the New Relationship Trust in which the strategic plan is prepared and its following 2 fiscal years, on or before the earlier of

(i) the date on which the New Relationship Trust makes any payment out of a Contribution Account, other than a payment contemplated by sections 4 (3) (d) and 11 (1), and

(ii) the first anniversary of the coming into force of this section, and

(b) after that, a strategic plan before the first day of each fiscal year of the New Relationship Trust for the 3 following fiscal years of the New Relationship Trust.

(4) Before providing or publishing a strategic plan under subsection (2) or (3), the directors must provide a copy of the draft strategic plan to the Organizations and allow them to provide input into the content of the strategic plan.

(5) The directors may, after consultation with the First Nations Leadership Council, amend a strategic plan provided or published under this section and, in that event, must identify those amendments in one or both of the following:

(a) the next strategic plan provided or published under this section;

(b) the next annual report prepared under section 13.

Annual reports

13 (1) Within 4 months after the end of each fiscal year of the New Relationship Trust, the directors must

(a) prepare for that fiscal year an annual report that complies with subsection (2) (a), and

(b) prepare, in accordance with generally accepted accounting principles, financial statements for the New Relationship Trust for that fiscal year and have those financial statements audited in accordance with section 14.

(2) The directors must,

(a) in each annual report for a fiscal year,

(i) report on the goals, outcomes and performance measures set by the directors for that fiscal year under section 12 (2), indicate how, if at all, those goals, outcomes and performance measures have been met and detail how those achievements met the intent of the principles set out in section 8 in relation to the New Relationship Trust and the purposes for which the Contribution Accounts were established,

(ii) compare actual results for that fiscal year with the expected results identified in the strategic plan for that fiscal year, and

(iii) include the audited financial statements referred to in subsection (1) (b),

(b) provide a copy of that annual report to each of the Organizations for distribution to the Organization's members, and

(c) publish each annual report in a manner that can reasonably be expected to bring the annual report to the attention of the public.

Audit

14 (1) The New Relationship Trust must, on or before the end of each fiscal year, appoint, as auditor, an individual who is authorized to be an auditor of a company under section 205 of the Business Corporations Act to audit the accounts, transactions and financial statements of the New Relationship Trust for the following fiscal year.

(2) The accounts, transactions and financial statements of the New Relationship Trust must, at least once in every fiscal year, be audited and reported on by the auditor, and the costs of the audit must be paid by the New Relationship Trust.

(3) An oral or written statement or report made under this Act by the auditor or a former auditor of the New Relationship Trust has qualified privilege.

Part 4 -- Management of the Contribution Accounts

Appropriation

15 The government may, without any appropriation other than this Act, pay, through the minister, a grant of $100 million to the New Relationship Trust.

Management of Contribution Accounts

16 (1) The New Relationship Trust must manage the Contribution Accounts.

(2) If any donation or other contribution is made to the New Relationship Trust, the directors of the New Relationship Trust must deposit that money into the New Relationship Account unless the money is provided on one or more conditions that narrow the discretion that is, under section 17, available to the directors in relation to how or for what purpose the donation or other contribution may be used.

(3) If any donation or other contribution is made to the New Relationship Trust on a condition referred to in subsection (2), the directors of the New Relationship Trust must

(a) establish a new account for that donation or other contribution, and

(b) deposit the donation or other contribution into the new account.

Purposes of New Relationship Account

17 (1) The purpose of the New Relationship Account is to provide money to assist first nations to build their own capacity to participate in the processes and activities envisioned by, and that evolve out of, the new relationship by enhancing first nation governance, leadership and institutional and human resources capacity to address social, cultural and economic needs and priorities, including, without limitation, for the purposes of

(a) enhancing first nation governments' capacity to negotiate, with the government, agreements for shared decision-making, land use planning, land and resource management and revenue and benefit sharing,

(b) enhancing first nation capacity to engage in comprehensive community planning and land and resource planning,

(c) enhancing first nation governance-related infrastructure capacity, including, without limitation, establishing or improving capacity for

(i) electronic communications within and among first nations and with other persons,

(ii) accumulating and compiling information, and

(iii) managing information collection and retrieval systems,

(d) enhancing first nations' knowledge and skills to facilitate their ability to take advantage of a range of

(i) economic opportunities, including, without limitation, economic opportunities with respect to lands and resources, and

(ii) social and cultural opportunities,

(e) enhancing first nation capacity to give effect to the processes by which agreements, decisions and plans referred to in this subsection can be implemented, and

(f) providing funding for any other purpose that the directors may determine is appropriate to assist first nations to build capacity to do any of the following in an effective and cost efficient manner:

(i) foster and facilitate consultation with the government;

(ii) engage directly or indirectly with the government in consultations and other interactions;

(iii) work together with the government under mutually agreed arrangements,

in a way that assists first nations to increase their ability to draw on expert advice or services from within first nations in and for these matters.

(2) Subject to sections 4 (3) (e) and 12 (3) (a) (i), money may be paid out of the New Relationship Account for any of the purposes referred to in subsection (1) and out of any of the other Contribution Accounts for the purposes for which that account was established under section 16 (3).

Investments

18 The New Relationship Trust must invest the money in the Contribution Accounts only as permitted under the provisions of the Trustee Act respecting the investment of trust property by a trustee.

Interest and other income on invested money

19 The interest or other income earned in relation to a Contribution Account must be paid into that account.

Part 5 -- General

Nomination and appointment criteria

20 In appointing a director, chief executive officer or chief financial officer under this Act or a member of a review committee under section 26 (1), the Organizations, the First Nations Leadership Council and the directors, as the case may be, are to be guided by the guidelines set out in the following as amended or replaced from time to time:

(a) the Governance and Disclosure Guidelines for Governing Boards of British Columbia Public Sector Organizations, published by the British Columbia Board Resourcing and Development Office;

(b) the Review of the Governance Framework for Canada's Crown Corporations -- Meeting the Expectations of Canadians, published by the Treasury Board of Canada Secretariat.

Balanced Budget and Ministerial Accountability Act

21 For the purposes of sections 5 (1) and 6 (1) of the Balanced Budget and Ministerial Accountability Act, in relation to the minister for the relevant fiscal year in which the expense is made, the estimated amount under section 6 (1) of the Balanced Budget and Ministerial Accountability Act is the sum of the amounts appropriated for

(a) the operating expenses for which the minister is responsible in the main estimates for that fiscal year,

(b) the expenses authorized for the minister under section 15 of this Act, and

(c) any other expenses that, under any other enactment, are, for that fiscal year, to be added to the estimated amount for the minister under section 6 (1) of the Balanced Budget and Ministerial Accountability Act for the purposes of sections 5 (1) and 6 (1) of that Act.

Winding up

22 (1) Promptly after the Contribution Accounts have been reduced to a nil balance, the directors must, unless the directors reasonably anticipate the receipt of other donations or contributions for the New Relationship Trust,

(a) distribute the remaining assets of the New Relationship Trust, if any,

(i) firstly, in satisfaction of any outstanding liabilities of the New Relationship Trust, and

(ii) after that, to the First Nations Summit Society, the Union of British Columbia Indian Chiefs and the British Columbia Assembly of First Nations in equal shares, in the manner determined by the directors,

(b) close the Contribution Accounts, and

(c) publish notice of the closing of the Contribution Accounts, and the consequent dissolution of the New Relationship Trust, in a manner that can reasonably be expected to bring those matters to the attention of the public.

(2) On the closing of the Contribution Accounts,

(a) the New Relationship Trust is dissolved and disestablished, and

(b) the appointment of each member of the board of directors of the New Relationship Trust is rescinded.

No rights affected

23 (1) Nothing in, under or arising out of this Act abrogates or derogates from any aboriginal rights or treaty rights of any first nations or of any aboriginal peoples.

(2) Disbursement of money under this Act does not relieve the government of any obligation to consult with a first nation.

Offence Act

24 Section 5 of the Offence Act does not apply to this Act.

Power to make regulations

25 The Lieutenant Governor in Council may, on the request of the directors of the New Relationship Trust, make regulations referred to in section 41 of the Interpretation Act.

Review of this Act

26 (1) Subject to section 20, on or before the 5th anniversary of the coming into force of this section, and on or before every 5th anniversary after that, the directors must, if the New Relationship Trust has not by that date been dissolved and disestablished under section 22, appoint a committee of qualified individuals to review this Act and evaluate how it is functioning.

(2) The review committee may consult with business, labour, education providers, government and any other person or organization it considers appropriate.

(3) If a review committee is appointed, it must publish a report of its findings in a manner that can reasonably be expected to bring the report to the attention of the public.

Commencement

27 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Note

This Bill creates the New Relationship Trust and authorizes the government to provide to that corporation the sum of $100 million.

The corporation is to create a New Relationship Account into which money provided by the government is to be deposited along with any unrestricted contributions from other sources, and the money in that account is then to be available for the purposes set out in section 17 of this Bill.

The corporation may, if money is provided from other sources on conditions that limit the range of options available to the directors under section 17 of this Bill, create other accounts into which money from those other sources is to be deposited, and the money in those accounts is then to be available for the purposes set out in this Bill as limited by the specified conditions.