Reposted from TMS website:
Tla’amin Holdings Limited Partnership
Notice to Tla’amin Citizens of determination of a conflict of interest
Pursuant to the Tla’amin Entities Conflict of Interest Regulation, TNReg 13/2016 (the “COI Regulation”), and the Conflict of Interest Law, TNL 08/2016 (the “COI Law”)
TO: TLA’AMIN CITIZENS
- The purpose of the COI Regulation is to govern conflicts of interest for the Tla’amin Entities, including: Tla’amin Holdings Inc. and all Tla’amin Business Enterprises scheduled to the Economic Development Law and any other entity designated by regulation.
- The COI Regulation applies to directors, senior officers, employees, contractors and agents of all Tla’amin Entities.
- Section 4 of the COI Law states that a conflict of interest occurs when an individual exercises a power or performs a duty or function and at the same time knows or ought reasonably to have known in the exercise of the power or performance of the duty or function, there is an opportunity to benefit the individual’s private interests.
- Under section 11(8) of the COI Regulation, if the Tla’amin Executive Council determines that a director of a Tla’amin Entity, by having a conflict of interest or an apparent conflict of interest, has contravened the COI Regulation to the benefit of their private interests, the Executive Council must direct the senior officer of the Tla’amin Entity to post public notice of the details of the determination for 20 business days.
In accordance with the directions of Executive Council, Tla’amin Holdings Inc., the general partner of Tla’amin Holdings Limited Partnership, provides the following notice:
- On September 23, 2019, the Tla’amin Nation Legislative Assembly (the “Legislative Assembly”) determined that Mr. Jay Yule acted in a conflict of interest while serving on the board of directors of multiple Tla’amin Entities. Accordingly, the Legislative Assembly removed Mr. Yule from Tla’amin Nation’s Economic Development Committee in accordance with section 14(1)(d) and (g) of the Tla’amin Nation Economic Development Law.
- On November 27, 2019 Mr. Yule resigned his directorships in the Tla’amin Entities.
- On November 29, 2019, the Chair of Tla’amin Holdings Inc. referred this matter to the Executive Council under s. 10(4)(b) of the COI Regulation.
- On April 21, 2021, the Executive Council determined that Mr. Yule contravened subsection 9(6) of the Tla’amin COI Regulation to the benefit of his private interests by voting on Tla’amin Entity decisions to enter into a partnership for profit with YMI Investing Ltd., a company in which his spouse was a shareholder through a further numbered company.
DATED THIS: 15th day of June 2021