Archived - Evaluation of Comprehensive Land Claim Agreements - Follow-up Report Status Update as of March 31, 2011

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Action Plan Implementation Status Update Report to the Evaluation, Performance Measurement and Review Committee - As of March 31, 2011

Treaties and Aboriginal Government- Implementation Branch

Evaluation of Comprehensive Land Claim Agreements (200748)
AEC Approval Date: 26/Feb/2009

Project Recommendations Action Plan Expected Completion Date Program Response
1. In partnership with Aboriginal organizations and other federal departments and agencies, consider leading the establishment of a policy for the implementation of comprehensive land claims which would clarify roles and responsibilities and the federal approach to implementing CLCAs. Implementation Branch is in the process of establishing the principles, processes and clarified roles and responsibilities within the federal government required to implement land claim and self-government agreements in a comprehensive manner, and will continue to engage with other government departments and agencies and Aboriginal groups as this work progresses. To Be Completed September 2009
- Establishment of Guidelines
Status: Underway

As of 31/03/2011:

Implementation Branch is developing a suite of guidance documents and tools designed to clarify roles and responsibilities of federal departments in the implementation of Canada's legal obligations.

  • Guide for Federal Implementers (approved by federal caucus in September, 2010)
  • Annual Report Guidelines (expect approval in 1st quarter, 2011)
  • Review Guidelines for Comprehensive Land Claims and Self-Government Agreements (expect approval in 1st quarter, 2011)
  • Guidelines in Relation to Dispute Resolution Mechanisms in Modern Treaties (expect approval in 1st quarter, 2011)
  • Comprehensive Land Claims Agreement Contracting Obligations User Guide (expect approval in 1st quarter, 2011)
  • Guide to Commemoration of Treaties (in development)

AES: Underway

2. Work with central agencies and other federal departments and agencies to establish a senior-level working group charged with overseeing issues that may arise in agreement implementation. A proposal to establish an implementation management framework, including a senior level cross-government committee, is being developed.

In the interim, the Federal Steering Committee, made up of senior representatives from other government departments and central agencies, have agreed to provide an oversight function. The proposal will go to the Federal Steering Committee in June 2009.

To be Completed June 2009

As per the Federal Steering Committee

March 2010
- Establishment of a Committee

Status: Complete

As of 31/03/2010:

The implementation management framework, including a senior level cross-government committee, was approved by the Federal Steering Committee on December 14, 2009.

Pilot Regional Caucuses over the next year in the Atlantic, BC and NWT regions. These regions will be asked to:

  • Determine if existing regional forums/process can accommodate implementation items.

Pilot to be evaluated in 2012/13 for effectiveness.

AES: Close – Fully Implemented

3. Work in partnership with Aboriginal and provincial/territorial signatories to set specific objectives, establish targets, monitor progress and take remedial action as required to properly implement agreements. Phase 1:
Enhanced Treaty Obligation Monitoring System to track federal obligations.

Phase 2:
Develop tools to promote use of results-based management.

Pilot with signatories on a new approach for annual reports that focus on joint practices, indicators, monitoring and reporting.

The principles of the department's SMART reporting initiative will be applied to this exercise.

To be Completed: October 2009 - Treaty Obligation Monitoring System in Place

March 2010
- Pilot Annual Report

Status: Underway

As of 31/03/2011:

Status: Phase 1 – Completed

TOMS went live as of April 1, 2010.
Improvements include: Tracks the status of obligations (i.e. one-time obligations complete or overdue/ongoing up-to-date or overdue), enhanced search and report function.

Status: Phase 2 –

TOMS will be made available to other government departments in fiscal year 2011/12. Prior to receiving access, INAC will be consulting and reviewing the obligations with them as well as ensuring understanding of the system and their role providing updates.

AES: Underway

4. Work with land and resource management boards to streamline and strengthen consultative processes and identify training and administrative needs. Board Relations Secretariat to identify key issues/barriers.

INAC continues to work on a federal response to the McCrank report and is committed to engaging partners and regulators in an action plan to move forward by summer 2009.

To be Completed: August 2009
- Action Plan
Status: Complete

As of 31/03/2010:

The Department conducted a survey of Board training recipients in 2009/2010 to evaluate previous year's initiatives and preliminary results are very positive. On behalf of the NWT Board Forum, the Board Relations Secretariat and the NWT Region coordinated two administrative law, and one technical law course for Board members in 2009/2010, and supported other training for Board "Hearings". Orientation Course materials and associated teaching guide will be ready for the distribution early Spring. As part of regulatory improvement, it is planned that all new Board members should take the Orientation Course within one year of being appointed as well as receiving the orientation Binder on appointment.

AES: Close – Fully Implemented

5. Promote training and business development tailored to northern needs and circumstances, taking into account the high cost of delivering programs in the North. Work with individual signatory groups on specific economic development initiatives.

Support development of a new federal framework for Aboriginal economic development.

Support development of northern economic development office.

To be implemented by the Northern Regional Development Agency when established.

Started January 2009 Status: Complete

As of 31/03/2010:

The Canadian Northern Economic Development Agency is responsible for delivering economic development programming in the three territories; coordinating economic policy and programs at the regional level; and, where appropriate, will serve as a delivery agent for other federal departments. The agency's purpose is to (1) encourage business development in the territories, (2) foster Northern Community Development, and (3) research, develop new policy, and advocate northern interests within the federal system.

Northern Federal economic development programs will for the first time be housed in an Agency with the Northern economic development as its core purpose. The Agency will also deliver two new programs announced as part of Canada's Economic Action Plan: the Community Adjustments Fund (CAF) and Recreational Infrastructure Canada RInC).

It will also house a new Northern project Management Office (NPMO) as a core service within CanNor. The NPMO will be in charge of coordinating the work of all federal players involved in natural resource development projects in the three territories and in the Arctic offshore, and coordinating Aboriginal consultation efforts. It will engage with stakeholders to further tailor its activities and programs to the unique needs of the territories and differing circumstances in each territory.

On June 29th, 2009, the Minister announced a new "Federal framework for Aboriginal Economic Development" that will focus the Federal Government's actions – from programs to legislation to partnerships – to increase the participation of First Nations, Inuit and Métis peoples in the Canadian economy and improve economic actions for Aboriginal peoples in all parts of Canada.

This new framework will adopt a modern and comprehensive approach to Aboriginal economic development that is opportunity-driven and puts emphasis on building strategic partnerships with Aboriginal groups, the private sector, and the provinces and territories.

The Framework will maximize federal investments by: strengthening Aboriginal entrepreneurship; enhancing the value of Aboriginal assets; forging new and effective partnerships to maximize economic development opportunities; developing Aboriginal human capital; and better focusing the role of the Federal Government.

AES: Close – Fully Implemented

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