Approved by the Law Society of BC for up to 8.75 hours of professional development credits FIRST NATION TRUSTS Co-Chaired by Max Faille Gowlings LLP May 29 th & 30 th, 2013 UBC Robson Square Vancouver, BC Sponsored by. P A C I F I C B U S I N E S S & L A W I N S T I T U T E
You Will Learn: First Nation Trusts Trusts can be effective tools for the protection and creation of strong and sustainable First Nation communities. However, in order to yield their potential economic and social community benefits, they must be properly structured to reflect the objectives of the individual community, prudently managed, and their unique complexities must be addressed. With this in mind, this forum assembles an expert faculty to discuss key issues in the development, operation and management of First Nation trusts. In addition, leaders in the field of First Nation trusts will facilitate a roundtable in which delegates will be invited to share their experiences, discuss success stories and failures, and discuss current issues. Delegates will leave with a solid understanding of First Nation trusts and with the best practices, practical advice and tools needed to create and manage successful trusts. Trust basics, including the roles and responsibilities of trustees, trustee liability, the purposes and uses of trust funds, and conflicts of interest The key considerations when developing a trust How to structure trusts to meet community needs Effective community consultation processes The role of Chief and Council in First Nation trusts What you need to know about operating trusts, including operating considerations when developing a trust and best practices in trust operation All about First Nation tax and business structures, including available business structures and their tax consequences, economic development issues and trustee tax issues How to select and manage corporate trustees and investment managers About the National Aboriginal Trust Officers Association and what it can do for your trust About successful trusts, including their structure, their governance and investment practices, their use of trust funds, and both the challenges they face and the best practices they follow Co-Chairs, Partner,, Vancouver, BC. Ms. Ethans is a Partner in s Financial Advisory Services Group and is the Founder and Chair of the firm s National Aboriginal Client Services Practice. In her 25 plus years of experience, she has been involved in a broad range of assignments for First Nation clients including trust structuring and administration, business plans, business valuations, damage quantification and litigation support services, forensic investigations, treaty consulting and negotiations, Impact and Benefit Agreement negotiations and support analysis services, operational reviews, business sale and acquisition services, and cash flow analysis. She has also provided expert witness testimony on several occasions before the Supreme Court of British Columbia. Max Faille, Partner, Gowlings LLP, Ottawa, ON. Mr. Faille currently serves as national leader of Gowlings Aboriginal Law Group. His clients consist of several First Nations, Inuit and Métis communities across Canada, as well as private sector interests seeking to do business with Aboriginal communities. In addition to legal representation in the courts and in negotiations, Mr. Faille regularly provides advice on matters of Aboriginal and treaty rights, First Nation taxation, self-government, Aboriginal consultation and accommodation, Impact and Benefit Agreements, and Aboriginal economic development. He acted as counsel for the Assembly of First Nations in the Bastien and Dubé cases before the Supreme Court of Canada. The resulting landmark rulings of the Supreme Court have reshaped the law in relation to First Nation tax immunity. Mr. Faille was recognized by the Chambers Global Legal Directory as a World s Leading Lawyer in Aboriginal Law (Canada) for 2012 and as a leading lawyer in the area of Aboriginal Law in the 2012 Canadian Legal Lexpert Directory. He was also recently recognized by Benchmark Canada as a Local Litigation Star (2013) in the province of Ontario and as a Litigation Star (2013) in the area of Aboriginal Law.
Faculty Tracy MacKinnon, Senior Manager,, Vancouver, BC. Ms. MacKinnon has been practising in the area of Canadian taxation since joining in 1997 and has worked extensively with her clients to help them achieve their business and taxation goals. With respect to First Nations, she has advised on Economic Benefit Agreements, advantageous business structures for tax purposes, tax-effective partnering with non-aboriginal entities and the proper structuring of settlement trusts. Ms. MacKinnon has made numerous presentations on tax topics, facilitated the CICA In-Depth Tax Course for the Canadian Institute of Chartered Accountants, acted as a committee member for the BC Tax Conference and served on the Tax Forum of the BC Institute of Chartered Accountants for the past several years. Vanessa Mountain, Trustee, St át imc (PC) 2011 Trust, Vancouver, BC. Ms. Mountain is a member of the N Quatqua Band of the St át imc Nation (pr. Sta lium). She was appointed by her community to sit on the Board of Trustees for the St át imc (PC) 2011 Trust in July of 2011. She also works with BC Hydro as their Sr. Aboriginal Procurement Advisor. Ms. Mountain has worked in Aboriginal economic development for over 12 years including a position with AANDC as Economic Development Programs Officer, general manager of an Aboriginal financial institution, and as Specialist, Aboriginal Procurement for the Vancouver Organization Committee for the 2010 Winter Olympic and Paralympic Winter Games. Her career prior was in the finance industry including investment manager and mortgage broker. S. Kelly Rodgers, President, Rodgers Investment Consulting, Toronto, ON. Ms. Rodgers has over 30 years of experience in the investment and financial services industry. In 1993, she formed Rodgers Investment Consulting and wrote The Insider s Guide to Selecting the Best Money Manager. In 2006, she was appointed Chair of the Advisory Committee of the National Aboriginal Trust Officers Association. Ms. Rodgers has worked with Councils from across Canada in the development and implementation of trust agreements and investment management frameworks. She is a frequent speaker at conferences for Aboriginal communities, foundations and endowments on topics related to appropriate governance frameworks for the prudent management of endowment and trust portfolios. She has also served on a number of industry and regulatory committees. In addition to her first book, she co-authored The Wealthy Boomer: Life After Mutual Funds in 1998 and was a columnist for MoneySense magazine. She has contributed to The Globe and Mail Report on Business, The Financial Post, The Philanthropist and Canadian Investment Review. Ms. Rodgers has also appeared on CBC s Business World, Venture and Marketplace. Mark Sevestre, Founding Member and Executive Board Member, National Aboriginal Trust Officers Association and General Manager, Mississaugas of the New Credit First Nation Community Trust (MNCFN Community Trust), Six Nations of the Grand River First Nation, ON. Since 1999, Mr. Sevestre has been the General Manager of the MNCFN Community Trust in Hagersville, ON. Prior to joining the MNCFN Community Trust, he served as a Branch/Financial Services Manager with the Bank of Montreal. Graduating from Mount Allison University with a Bachelor of Commerce Degree, Mr. Sevestre worked as an Intergovernmental Affairs Officer with the Department of Indian Affairs. After leaving the Department of Indian Affairs, he served as the External Delivery Officer of the Aboriginal Business Canada program on behalf of the off reserve Aboriginal population in Nova Scotia for the Mikmakik Development Corporation. Mr. Sevestre is Mohawk and resides on the Six Nations of the Grand River First Nation. Jerome N. Slavik, Partner, Ackroyd LLP, Edmonton, AB. For 25 years, Mr. Slavik s law practice has focused on providing legal advice to over 30 First Nations and Tribal organizations in Saskatchewan, Alberta, British Columbia and the Northwest Territories. Mr. Slavik has provided legal counsel to First Nations on the validation, negotiation and settlement of outstanding treaty entitlements and specific claims against the Crown and has been legal counsel for 18 specific claim settlements with a net present value of over $1 billion. He has also been counsel for First Nations in negotiations on tripartite self-government agreements, environmental disputes, royalty and commercial agreements, and industry benefits agreements. In addition, through his consulting company, Slavik & Associates, he has provided training in Crown/First Nation negotiations to the Governments of Nova Scotia, Ontario and Quebec, as well as numerous Tribal Councils, First Nations and Aboriginal organizations across Canada. Mr. Slavik is a graduate of Harvard Law School s Introductory and Advanced Courses on Negotiations and has been the Faculty Leader for the Crown/First Nation Negotiations course in the Aboriginal Leadership Program at the Banff Centre for 15 years.
www.pbli.com REGISTER TODAY! First Nation Trusts May 29 th, 2013 9:00 Welcome and Introduction to Day One Max Faille Gowlings LLP 9:10 Trust Basics and Developing Trusts Jerome N. Slavik Ackroyd LLP What is a trust? Key trust terminology Key considerations when developing a trust Trusts as part of good governance Trust funds purposes and uses Trustee roles and responsibilities Trustee liability Conflicts of interest Case law update 10:00 Questions and Discussion. 10:10 Refreshment Adjournment Sponsored by 10:25 Operating Trusts Circumstances where a trust is required or desired Community trust vs. traditional trust Operating considerations when developing a trust Best practices 11:10 Questions and Discussion 11:20 National Aboriginal Trust Officers Association (NATOA) Mark Sevestre NATOA What is NATOA and what can it do for your trust? Trustee Accreditation Program The development of Aboriginal trust officers and managers Current issues impacting the management and operation of First Nation trusts 11:55 Questions and Discussion 12:05 Luncheon Adjournment 1:30 Tax and Business Structures Max Faille Tracy MacKinnon Gowlings LLP Available business structures and their tax consequences Economic development issues Trustee tax issues Case law update 2:20 Questions and Discussion 2:30 Refreshment Adjournment 2:45 Selecting and Managing Corporate Trustees and Investment Managers S. Kelly Rodgers Rodgers Investment Consulting Establishing a strong governance framework for trust investments Selecting your advisory team to meet your trust s specific goals What types of investment firms are available and which are appropriate? What options exist for corporate trustees? Ensuring value from your team Monitoring and measuring investment and service performance Hiring, managing and firing your investment managers Appointing, managing and removing corporate trustees 3:25 Questions and Discussion 3:35 An Analysis of Successful Trusts: St át imc (PC) 2011 Trust and Mississaugas of the New Credit First Nation Community Trust Vanessa Mountain Mark Sevestre St át imc (PC) Mississaugas of the New Credit 2011 Trust First Nation Community Trust Trust structure Governance Investment Use of trust funds Challenges Best practices 4:25 Questions and Discussion 4:35 Chairs Closing Remarks 4:45 Forum Concludes for Day One
First Nation Trusts May 30 th, 2013 9:00 Welcome and Introduction to Day Two 9:10 Trust Roundtable Max Faille Gowlings LLP Jerome N. Slavik Ackroyd LLP During this trust roundtable, the expert faculty will address how to structure trusts to meet community needs, community consultation processes, operational considerations and the role of Chief and Council. In addition, delegates will be invited to share their experiences in relation to First Nation trusts, discuss success stories and failures, and discuss current issues. 11:55 Chairs Closing Remarks 12:00 Forum Concludes Who Should Attend: First Nation leaders Government officials assisting with First Nations financial management and economic development Treaty and claims negotiators Investment managers and professionals Representatives of financial institutions Lawyers, accountants, business development professionals, financial planners, consultants and others assisting First Nations with negotiations, setting up financial controls and business operations Youth Sponsorship Program We are pleased to offer our successful sponsorship program for First Nation, Métis and Inuit youth to attend forums offered by PBLI. For further information about applying to attend this or other forums please go to www.pbli.com/aboriginalyouth-sponsorship.
Information Four Ways to Register: 1. Telephone us: 604-730-2500 or toll free: 1-877-730-2555 2. Fax us: 604-730-5085 or toll free: 1-866-730-5085 3. Mail your registration form with payment 4. Register at www.pbli.com/1006 Registration: The registration fee is $995.00 plus GST of $49.75 totalling $1,044.75 for both days. Registration covers your attendance at the forum, written materials, a light breakfast and refreshments throughout each day. Group Discounts: Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Payment: You may pay by VISA, Master Card or cheque. Cheques should be made payable to the Pacific Business & Law Institute. Registration fees must be paid prior to the forum. When and Where: Check-in begins at 8:30 a.m. The forum starts at 9:00 a.m. UBC Robson Square is located at the basement level of 800 Robson Street in Vancouver, BC. Please visit http://www.robsonsquare. ubc.ca/find-us/ for directions. Materials: The faculty will prepare papers and/or other materials explaining many of the points raised during this forum. Materials will be available for pick-up at the forum. Please contact us at registrations@ pbli.com if you are unable to attend the forum and wish to purchase a set of materials. Your Privacy: We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the forum delegates. We do not share our mailing lists with any non-affiliated organization. Cancellations: Full refunds will be given for cancellations if notice is received in writing five full business days prior to the forum (May 22 nd, 2013). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content or venue of this event. Course Accreditation: Attendance at this course can be listed for up to 8.75 hours of continuing professional development with the Law Societies of BC and Upper Canada. For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta. Registration Form Pacific Business & Law Institute 305 1681 Chestnut Street Vancouver, BC Canada V6J 4M6 Telephone: 604-730-2500; Fax: 604-730-5085 E-mail: registrations@pbli.com First Nation Trusts May 29 th & 30 th, 2013 UBC Robson Square, Vancouver, BC Salute First Name Last Name Position/Title Firm/Company Address City Province/Territory Postal Code Telephone Fax Email Paid by: VISA MasterCard Cheque Payable to Pacific Business & Law Institute Card Number / / / / Expiry Date How did you hear about this forum? Brochure Email Colleague PBLI Website Other Register today at www.pbli.com/1006 Please recycle