A member of multiple Tla’amin Nation entities has been found in conflict of interest with regard to his activities, according to Tla’amin Management Services LP (TMS).
In a post on the tlaaminbusiness.com website, dated June 15, a notice to Tla’amin citizens was published specifying that Jay Yule had been found in conflict of interest. According to the notice, on September 23, 2019, the Tla’amin legislative assembly determined Yule acted in 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 the Tla’amin Nation economic development law,” the notice stated.
The notice further stated that Yule resigned his directorships in the Tla’amin entities on November 27, 2019, and two days later, the chair of Tla’amin Holdings Inc. referred the matter to the executive council under the conflict of interest regulation.
Finally, on April 21, 2021, the executive council determined that Yule had contravened the Tla’amin conflict of interest regulation to the benefit of his private interests by voting on the 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, the notice stated.
“Although this is an unfortunate situation, what it has shown is that our laws work,” said Tla’amin hegus John Hackett. “Tla’amin Nation has demonstrated that the transparency and protections we have written into our laws are ultimately effective.”
Yule responds in writing
Yule said this is an unfortunate situation but he doesn't agree the applicable laws and regulations have been administered correctly, fairly or consistently.
“The boards and entities I sat on did not find me to be in conflict as my situation was known and disclosed; the process the Tla’amin laws call for was supposed to begin and end with that, and in this case it didn’t,” Yule stated in a written response to the Peak. “I followed the advice of TMS staff and council in regard to a conflict of interest. I was then removed from a committee I was appointed to, but had never actually convened (I never attended a meeting). My resignation was intended to resolve the issue and the partnership was dissolved amicably.”
Yule stated that stepping back from this situation, it appears to him that these are growing pains and he is confident that Tla’amin will overcome them and move forward with an economic development plan.
“The nation is more than capable of great success, as it is full of capable and qualified people,” stated Yule. “It is unfortunate that as a volunteer we were not provided education regarding all the new laws and regulations. I can assure you any actions I have taken have been in good faith and without malice.
“Volunteering for the nation in these capacities was otherwise a good experience where I was able to see firsthand the opportunities that exist for this talented group of people to succeed and prosper. I continue to wish for the success of the Tla’Amin Nation and its related entities.”
In response to Yule’s statement, Tla’amin issued the following:
“Mr. Yule received conflict of interest training along with all other board members on November 6, 2017. Also, it wasn’t a volunteer position as an honorarium was paid. Also in his statement [Yule] says, ‘The boards and entities I sat on did not find me to be in conflict,’ but on November 29, 2019, the chair of Tla’amin Holdings Inc., the general partner of Tla’amin Holdings Limited Partnership, notified the executive council that it had determined that Mr. Yule had acted in a conflict of interest or apparent conflict of interest and was referring the matter to the executive council for a final determination in accordance with its obligations under the conflict of interest regulation.”
According to written responses to questions from the Peak, the nation stated that Yule served as a director on the board of directors of several of the general partner corporations of the nation’s limited partnerships. The response stated that directors have a responsibility to act in the best interests of the bodies they serve and divided interests pose a fundamental problem.
“For this reason, Tla’amin laws and regulations don’t allow conflicts to simply be waived,” the response stated. “A director is not allowed to be a part of decisions where they are in a conflict of interest.”
The response indicated that Yule served on 11 boards with Tla’amin, including Tla’amin Holdings Inc, Tla’amin Management Services Inc., Tla’amin Land Development Inc., two numbered companies, Pa’aje Shellfish Enterprises Inc., Tees’kwat Land Holdings Ltd., Tla’amin Capital Assets Inc., Tla’amin Land Development Inc., Tla’amin Resorts and Accommodations Inc. and Tla’amin Timber Products Ltd.
Tla’amin’s government was asked what the conflicts of interest were that resulted in Yule resigning his directorships in the Tla’amin entities. Tla’amin responded by indicating the finding that he was in a conflict, the same set out in the notice, resulted in him being removed from the economic development committee.
“Subsequent to that removal, he resigned his directorship positions,” the response stated.
The response also indicated that Tla’amin was not aware of Yule serving with the nation in any capacity as a representative of any entity or corporation. Other directors were removed or resigned their positions due to their failure to take steps set out to enforce the Tla’amin entities conflict of interest regulations, according to the response. Tla’amin is not aware of any legal action having arisen from the conflicts.
When asked if there was any money involved, Tla’amin responded that the entities invested money into the Tla’amin Real Estate Limited Partnership, a limited partnership with YMI Investing Ltd., which was to be used to purchase real estate in town for development purposes.
“We understand that partnership has since been dissolved,” the response stated.
School District 47 releases statement
Yule’s employer, the board of education of School District 47 (Powell River), stated it is aware Tla’amin’s executive council has made a finding under its law that Yule was in conflict of interest three years ago in relation to certain aspects of his personal business interests in a project in partnership with a Tla’amin company of which he was also a director.
“To be clear, there is not and never has been an allegation that Dr. Yule is in conflict of interest in relation to his duties to the board in relation to this matter,” stated board of education chairperson Dale Lawson. “We continue to believe that integrity and transparency are critical elements to instil public confidence and demonstrate appropriate tone and culture of operations within our district and will continue to work to maintain that confidence.
“Nothing in the publication of this finding of conflict of interest from three years ago in relation to organizations with which the school district has no connection gives rise to any concern with respect to the superintendent’s discharge of his duties on behalf of the board.”
Yule is SD47 superintendent of schools.
According to tlaaminbusiness.com, Tla’amin Management Services LP (formerly the Sliammon Development Corporation) is the business arm of Tla’amin Nation. TMS has more than 20 years of experience in conducting business, particularly in land development, forestry, aquaculture, retail, hospitality and tourism, according to the TMS website.
Sliammon Development Corporation (SDC) was established in 1995 to oversee economic development opportunities for Tla’amin Nation. After the effective date and implementation of the Tla’amin treaty, SDC was reorganized with Tla’amin Management Services LP taking over the business arm of the Tla’amin Nation.
