Beneficiary Referendum

In clear language what is the beneficiary referendum all about?

KDFN — Thu, 10 Jun 2010 01:43:40 +0000

Very simply, the KDFN beneficiary referendum is asking KDFN beneficiaries to approve three policies. If approved, these policies would be the guiding principles for how Kwanlin Dun would manage its Settlement Lands and Final Agreement money and how it would consult with its beneficiaries if there were ever any changes to the Final Agreement.

Why is it important to vote in the beneficiary referendum?

KDFN — Thu, 10 Jun 2010 01:43:01 +0000

It is very important that beneficiaries make their voice heard by voting in this referendum. By voting “Yes” or “No” beneficiaries will let the KDFN government know whether they support the policies that beneficiaries are being asked to vote on.

For the policies to be approved a majority of all beneficiaries entitled to vote in the referendum must vote “Yes”. This means that if less than a majority of the eligible beneficiaries vote, the policies can not be approved (even if everyone who voted said “Yes”). For example, if there were 600 beneficiaries 301 would need to vote “Yes”. If 250 voted – even if they all voted “Yes” – the policies would not be approved.

What happens if not enough beneficiaries vote in the referendum?

KDFN — Thu, 10 Jun 2010 01:42:12 +0000

If not enough beneficiaries vote in the referendum, another referendum will have to be held until the policies are approved. Referendums are expensive and Kwanlin Dun will not be able to allow the long-term use of Settlement Land or invest its Final Agreement money until another referendum was held and the policies approved.

As a beneficiary will I have a say in the Acts that will be developed if the Settlement Land Policy and the Investment Governance Policy are approved?

KDFN — Thu, 10 Jun 2010 01:41:34 +0000

Chief and Council have guaranteed that KDFN beneficiaries will be consulted in the development of the Settlement Land Act and the Investment Governance Act which would be created if the Settlement Land Policy and the Investment Governance Policy are approved.

A consultation process will be established to ensure that beneficiaries are consulted in the development of the two Acts. Furthermore, beneficiaries will have the opportunity to provide their input on the Acts through KDFN’s legislative process.

Why can’t beneficiaries see draft copies of the Acts that would be developed if the Settlement Land Policy and Investment Governance Policy are approved?

KDFN — Thu, 10 Jun 2010 01:40:46 +0000

Due to the high price of legal services and the KDFN constitutional requirement that the KDFN beneficiaries first approve the Settlement Land Policy and the Investment Governance Policy in a referendum, drafts of the Investment Governance Act and the Settlement Land Act have not been developed.

Once the policies have been approved in the referendum, Chief and Council will retain legal counsel to work with KDFN leadership, staff and beneficiaries to prepare the draft laws.

If the Investment Governance Act is approved and a Trust Fund established will Chief and Council be able to remove Trustees from the Trust Fund?

KDFN — Thu, 10 Jun 2010 01:39:53 +0000

No, only the Trust Fund’’s Protector, or a Court of law, will have the power to remove Trustees before their terms expire. The Protector is a trusted individual, knowledgeable of the law, who will be appointed by KDFN to oversee the Trust Fund and ensure that the Trustees comply with the terms of the Trust Deed approved by the beneficiaries. The Protector will report directly to the beneficiaries.

What do these different words mean?

KDFN — Fri, 04 Jun 2010 20:52:04 +0000

The Beneficiary Referendum involves a lot of information. Some of the words used in the communication materials may not be understood by everybody. Here are definitions of some of the terms that are used:

Q. What is a Referendum?

A referendum is a formal vote where voters are asked to accept or reject something, usually by checking a “Yes” or “No” box on a ballot (a piece of paper with the question). Usually people are asked to vote “Yes” or “No” about an important piece of legislation or policy.

Q. What is a Beneficiary?

A Beneficiary is someone who is enrolled under Chapter 3 of Kwanlin Dun’s Final Agreement. Only KDFN Beneficiaries can vote in the KDFN Beneficiary referendum. Not all KDFN citizens are also KDFN Beneficiaries.

Q. What is a Policy?

A policy guides people toward a goal and can be very simple or very detailed. Policies are guidelines, not law. For example, if approved, the three policies that will be voted on in the Beneficiary Referendum will guide how KDFN will manage its Settlement lands and Final Agreement money and how it consults with its beneficiaries if there are any changes to the Final Agreement.

Q. What is a Trust Fund?

A Trust Fund is an arrangement whereby property or money is managed by one person (or persons or organizations) for the benefit of another. A Trust Fund protects the money in the Trust from taxes, legal, political and creditor actions.

Q. What is a Trustee?

A Trustee is the individual or institution that is responsible for administering a Trust Fund. The Trustee must administer the Trust Fund in accordance with the terms of the Trust.

Q. What is a Trust Deed?

A Trust Deed is a formal document that outlines the terms of a Trust Fund. The Trust Deed will define how the money in the Trust Fund will be managed and invested. The Trust Deed is a contract that legally binds the Trustees to follow the terms of the Deed.

Q. What does Consultation mean?

Consultation means getting the opinions of people before a decision is made. For example, if the Settlement Land Policy is approved, the KDFN government will develop a Settlement Land Act in consultation with the KDFN beneficiaries.

Q. What is an Act? (eg: the Settlement Land Act)

An Act is a piece of legislation or law. Approving the Settlement Land Policy will allow KDFN to make its own law; the Settlement Land Act. Approving the Investment Governance Policy will allow KDFN to make its own law; the Investment Governance Act.

Q. What are Investments?

Investments are ways of using money in the hope of making more money. For example, once the Investment Governance Policy is approved and the Investment Governance Act developed, KDFN could invest some of the money in its Trust Fund in businesses or in the stock market to make more money.

Q. What does Investment Governance mean?

Investment Governance means how investments or money are to be governed or managed. KDFN’s Investment Governance Policy will guide how KDFN’s Final Agreement money will be taken care of and managed.

Q. What is a Constitution?

A Constitution is a set of rules for government—often developed as a written document. KDFN has its own Constitution which defines the rules for how the First Nation is to be governed. KDFN’s Constitution requires that the Settlement Land Policy, the Investment Governance Policy and the Consultation Policy Statement are voted on in the beneficiary referendum.

If the Settlement Land Policy is approved what happens next?

KDFN — Mon, 10 May 2010 03:54:10 +0000

If the Settlement Land Policy is approved, KDFN will develop a new law called the Settlement Land Act. This Act will be developed in consultation with KDFN beneficiaries. Right now, without this Act in place, KDFN can only approve the use of Settlement Land for three years at a time.

The Settlement Land Act will allow KDFN to establish a system to permit beneficiaries to use Settlement Land for short and long-term business and personal use. The Act would also help KDFN manage and protect its Settlement Lands.

If the Settlement Land Policy is approved will KDFN beneficiaries be able to build cabins on Settlement Land?

KDFN — Mon, 10 May 2010 03:53:29 +0000

If the Settlement Land Policy is approved, then the Settlement Land Act will be developed. The Settlement Land Act will have provisions for granting long-term leases to beneficiaries to use Settlement Land. These leases would enable beneficiaries to get mortgages and build their own cabins on Settlement Land.

Once the Settlement Land Policy is approved, how long will it be until I can access my land?

KDFN — Mon, 10 May 2010 03:53:04 +0000

KDFN cannot develop the Settlement Land Act until the Settlement Land Policy has been approved. KDFN hopes to complete the Settlement Land Act within one year of the approval of the Settlement Land Policy. Once the Act is passed then beneficiaries can apply for land.