Archived - Aboriginal Affairs and Northern Development Canada and Canadian Polar Commission

Program 1.1: Governance and Institutions of Government

Description

This program provides frameworks (legislative and non-legislative) which are consistent with the legal, collective, human, and democratic rights and freedoms of Aboriginal peoples in Canada, and where possible, enables and supports First Nation development of policies and programs that embrace these values. It provides funds, legislation and guidelines, certifications, education and training, advice, policies and plans, and implemented changes to support, condition and build capacity for Aboriginal governance. Typical activities include, but are not limited to, providing assistance to establish governance and associated capacities, processes and mechanisms (such as by-law making authority, election processes). Support is provided to First Nation and Inuit governments as well as First Nation institutions. These institutions include, but are not limited to, those that provide services in the areas of governance and taxation and financial management, and land claim organizations and professional associations. Support is also provided to representative organizations to participate in policy and legislation development. Ultimately, good governance practices are essential for the active participation of First Nation and Inuit in Canadian society and economy.

Performance Analysis and Lessons Learned

Bill C-27, First Nations Financial Transparency Act, which will help to enhance the financial transparency and accountability of First Nations governments, received Royal Assent on March 27, 2013.

Bill S-6, the First Nations Elections Act, was passed by the Senate, and received First Reading in the House of Commons on May 4, 2012. Among the many improvements the Bill will bring to First Nations elections, providing longer terms of office will support stability in First Nations governments.

The Department continues its analysis of the findings of the Exploratory Process^{Footnote 2} on Indian Registration, Band Membership and Citizenship. Over 100 reports were submitted by participating First Nations and Métis organizations and will be used to inform possible next steps on these matters.

Sub-Program 1.1.1: First Nation Governments

Description

This sub-program contributes to basic functions of First Nations governments. Funds are provided through contributions to facilitate the exercise of core functions of government such as law-making, financial management and administration, and executive leadership. Capable governments attract investment, create opportunities, and effectively support their citizens.

Performance Analysis and Lessons Learned

Investments in governance capacity programming, based on community capacity development plans, is being achieved through the Professional and Institutional Development Program, which provides strategic and targeted funding for the development and implementation of capacity development plans (i.e., Management Action Plans, Strategic Plan).

The Department continues to explore options for a consolidated approach to capacity development by streamlining and consolidating capacity development programs to support First Nations to obtain, strengthen and maintain their capabilities.

While AANDC continues to assist with various governance related legislative initiatives it will meet its obligations under the Indian Act concerning elections and law-making until Royal Assent is received on these initiatives.

Sub-Program 1.1.2: Institutions and Organizations

Description

This sub-program supports a wide range of institutions and organizations at the local, regional and national levels dedicated to the development and support of Aboriginal governments. Funds are provided through contributions to organizations and institutions with demonstrated expertise in service delivery and professional development. Delivery of governance related programs and services, and support to First Nations governments in the exercise of their responsibilities, form the basis for these activities. Capacity development of individuals, systems, governments and organizations recognizes and responds to differentiated levels of community/organizational development. Capacity development will target gaps identified through assessments with a view to facilitating movement along a development continuum. Organizational core funding is provided to national, regional and local bodies to participate in a wide range of policy fora and represent their respective constituent groups. Capable, accountable institutions and organizations strengthen the fabric of Aboriginal governments across Canada, attract investment and support Aboriginal participation in the Canadian economy.

Performance Analysis and Lessons Learned

To support Aboriginal governments in the delivery of programs and services to their constituents, Canada continued to provide core operational funding to a number of national Aboriginal organizations: the First Nations Tax Commission, the First Nations Financial Management Board, the First Nations Finance Authority, and the Aboriginal Financial Officers Association of Canada. In 2012–2013, these organizations continued to promote capacity development in First Nations governments and Aboriginal groups, and provide demonstrated technical expertise in the areas of financial management, taxation and public administration. Funding was also provided to the First Nations Statistical Institute^{Footnote 3}.

The Department continues to explore options to address the issues raised during the Legislative Review of the First Nations Fiscal and Statistical Management Act.

Program 1.2: Co-operative Relationships

Description

This program aims to reconcile the relationship between parties (governments and Aboriginal groups) through mutual respect, trust, understanding, shared responsibilities, accountability and dialogue. This program addresses constitutional and historic obligations, as well as good public policy by: negotiating agreements which achieve clarity with respect to law-making authority and the ownership, use and control of lands and resources; addressing specific claims; developing multi-partner processes in areas jointly identified by Aboriginal groups and the federal government; supporting an effective consultation and representation of Aboriginal groups in federal policy and program development; and providing funding to Aboriginal recipients through contributions and loan agreements. Through relationships built on trust, respectful partnerships will be established which may ultimately help to contribute to the strengthening of the social, economic and cultural well-being of Aboriginal communities and ultimately more active participation and engagement in the broader Canadian society.

Performance Analysis and Lessons Learned

Canada continues to promote section 35 rights in the Constitution Act, 1982 (section 35) through the negotiation and implementation of land claims and self-government agreements. The benefit of land claims agreements is greater legal certainty with respect to the use and ownership of land and resources and the reduction of barriers that impede development, which is in the interest of all Canadians. It provides Aboriginal groups with opportunities to improve accountability and governance in key areas such as education, allowing for meaningful changes in their communities to improve the quality of life for Aboriginal people.

The average length of time to negotiate an agreement is approximately 15 years, with some negotiations taking up to 30 years. Lengthy negotiations are costly for all parties and can create financial liabilities for Aboriginal groups as well as postpone opportunities for economic growth and self-sufficiency. If a timely agreement is not possible, other options should be in place to help address the aspirations of Aboriginal communities.

In addition, in September 2012, the Minister announced plans for AANDC to work with its partners on a new approach to treaty and self-government negotiations. Canada engaged with Aboriginal groups and provincial and territorial partners on the best way to achieve timely results at negotiating tables and ensure that resources are being used effectively to promote certainty, self-sufficiency and expeditious resolution. Discussions were also held at the national level with key Aboriginal organizations, such as the Assembly of First Nations, as part of ongoing joint work on these issues. The input from these meetings will help inform decision making with respect to Canada's participation at individual tables to achieve faster results.

To respond to calls for change, the Government of Canada is working with its partners to accelerate comprehensive land claims negotiations. A meeting between the Prime Minister and the Assembly of First Nations was held on January 11, 2013. The agreed items for the meeting focused on the implementation of the treaty relationship and economic development. As a result of this meeting, the Prime Minister agreed to high-level dialogue on the treaty relationship and comprehensive claims, with the need to provide enhanced oversight from the Prime Minister's Office and the Privy Council Office on Aboriginal matters.

A Senior Oversight Committee was also established after the Prime Minister's January 11th meeting with First Nation leaders, to oversee progress on the broader policy work on these claims and to provide advice to the government for a renewed comprehensive claims policy.

Work is underway with the Assembly of First Nations to explore ways to reinvigorate and enhance the treaty relationship, updating and reforming the policy, including developing recommendations.

2012–2013 Additional Highlights:

• Access to the Aboriginal and Treaty Rights Information System (ATRIS) v.1 successfully provided to all federal departments and agencies, including several Port Authorities.
• Full implementation of the Consultation Information Service (CIS) through the successful use of the departmental correspondence management system ensuring quality and rigor regarding the preparation of CIS responses to external stakeholders.
• Advanced training on consultation and accommodation provided to close to 270 federal officials. Operational guidance pieces were also developed for officials and strategic advice provided on major projects and other key governments activities and priorities.
• Continued to staff Regional Consultation Coordinator positions to strengthen regional cooperation, including the development and implementation of cooperative arrangements with provinces/territories and Aboriginal groups. Signed Memoranda of Understanding with Nova Scotia and two protocols with Mi'gmaq of Québec (Gaspé Region) and Mi'kmaq of Prince Edward Island. Memoranda of Understanding with some additional jurisdictions are near completion. Progress was made towards additional protocols.
• After concluding two rounds of engagement in 2011 and 2012 on transparent formula approaches for fiscal arrangements with Aboriginal governments, officials have continued policy development and assessment of implementation issues, in particular, seeking approaches that can be reconciled with existing agreements. Canada continues to maintain and foster positive relationships with Aboriginal partners through ongoing implementation of comprehensive land claims and self-government agreements as well as providing timely payments as required by the agreements.
• Continued the ongoing Treaty Negotiations Process Revitalization work with the Province of British Columbia and the First Nations Summit.
• Implemented new recognition and reconciliation language at the Ktunaxa Kinbasket Treaty Council table. Draft guidelines have been developed for recognition and reconciliation purposes and are proceeding to Federal Steering Committee (FSC) this summer for approval.

Sub-Program 1.2.1: Negotiations of Claims and Self-Government

Description

Canada is committed to the negotiation of claims and self-government agreements as the best means for reconciling pre-existing Aboriginal rights with Crown sovereignty. With the participation of provincial and territorial governments and in accordance with federal policies and Cabinet mandates, Canada negotiates comprehensive treaties, sectoral agreements and stand-alone self-government agreements that provide First Nations with a solid foundation for self-determination and for the improvement of social, cultural and economic conditions within their communities. All Canadians benefit.

Performance Analysis and Lessons Learned

In seeking to improve Aboriginal-Crown relations and provide Aboriginal groups with the opportunity to make meaningful changes in their communities, Canada continues to promote section 35, Constitution Act, 1982, rights through the negotiation and implementation of land claims and self-government agreements. The benefit is greater legal certainty with respect to the use and ownership of land and resources, which serves to remove barriers to development in the interest of all Canadians.

2012–2013 Negotiation Highlights:

• Three consultation protocols were finalized in the Atlantic Region.
• Signing of Consultation Agreements with the Mi'kmaq of Prince Edward Island and Mi'gmaq of Québec (Gaspé Region); Framework Agreement with the Mi'gmaq of Québec (Gaspé Region); and a National Parks interim arrangement with the Mi'kmaq of Nova Scotia.
• Approval of the Innu of Labrador Final Agreement negotiation mandate (May 2012).
• Signing of a draft Final Self-Government Agreement and financing agreement with the Deline (September 2012)
• Signing of the List of jurisdictions, authorities and other subject matters to be negotiated in the Cree Nation Governance Negotiations (September 14, 2012)
• Initialling of the Kitselas and Kitsumkalum Agreements-in-Principle (AIP) on January 22, 2013. The Kitselas community approved their AIP on February 20, 2013.
• Initialling of the Tla-o-qui-aht Agreement-in-Principle on October 1, 2012; the Tla-o-qui-aht community subsequently voted against it.
• Ratification of the Tla'amin (Sliammon) Final Agreement by the First Nation (July 10, 2012) and British Columbia (March 14, 2013); the next step is federal ratification and authority to sign.

In the past number of years, Canada has reached Final Agreements with a number of communities, the next step of which is ratification by the parties. It was observed that certain ratifications have failed to receive the support of the Aboriginal communities while others have been very successful. The Department undertook a project to analyze specific self-government ratification processes between the Crown and Aboriginal communities. The objective of the exercise was to better understand the factors that contribute to a successful and/or unsuccessful process and offer recommendations regarding improvements and best practices to support future ratifications.

In the past year, the British Columbia treaty process saw the Tla-o-qui-aht First Nations formally vote against an initialled agreement-in-principle and the 'Namgis First Nation informally demonstrated a lack of support for an uninitialled AIP. Canada appreciates the challenges that First Nations face explaining the contents of an agreement that is still under negotiation and with an incomplete range of benefits to their communities. The Department will explore, with its negotiating partners and with the British Columbia Treaty Commission, the potential for assisting First Nations with their community outreach efforts at the AIP stage of treaty negotiations. The report from the Department's recently completed "ratification best practice project" should prove a valuable resource in that regard.

Sub-Program 1.2.2: Specific Claims

Description

This sub-program contributes to the Co-operative Relationships Program. Specific Claims relate to the fulfillment of outstanding treaty and government obligations towards the First Nations relating to the administration of Indian reserve lands, band funds and other assets. The government made the resolution of specific claims a priority when it announced the Specific Claims Action Plan in 2007, and reiterated their commitment to resolve claims in the 2010 Speech from the Throne. Key activities include the assessment of the historical and legal facts of the claim, the negotiation of a settlement agreement if it has been determined that there is an outstanding lawful obligation, and transfer of compensation money to the First Nation, via grants, pursuant to the settlement agreement. Addressing and resolving specific claims more quickly helps build relationships and provide justice to First Nation claimants and certainty for all Canadians.

Performance Analysis and Lessons Learned

In 2012–2013 the Specific Claims Action Plan moved into a critical new phase focussed on concluding negotiated settlements and preventing the recurrence of a backlog. Supplementary resources — fiscal and human — allocated by Parliament to support the implementation of the Action Plan were re-aligned to meet these new priorities. All claims are assessed within the established three-year operational time frame and internal measures have been implemented to accelerate the negotiated settlement of claims.

In November 2012, an audit of departmental support for the specific claims process found that there is generally effective governance of the process and strategic direction and that objectives align to government priorities and responsibilities.

In February 2013, a summative evaluation of the Specific Claims Action Plan was completed. The evaluation concluded that the Action Plan has yielded many achievements including: the establishment of the Specific Claims Tribunal, the clearing of the backlog of claims in the assessment stage of the process; and a significant increase in the number of claims in negotiation. The evaluation also determined that: significant numbers of claims are concluded without finality and could proceed to the Tribunal; the use of mediation services remains limited; First Nations and First Nation organizations are not acknowledging improvements to the process; and current levels of funding may be insufficient to meet compensation demands.

To correct some of these issues, the Joint Steering Committee on Litigation Issues Management has been identified as a senior level oversight body. A review of all information systems was completed and no changes are contemplated. Changes to business rules have been implemented at the corporate level to align record keeping practices. Negotiators are trained in the use of mediation services, facilitated by the Mediation Services Unit, and First Nations are made aware of the availability of services. The Specific Claims Settlement Fund is closely monitored by AANDC, the Department of Finance and Treasury Board to ensure sufficient funding is available to allow Canada to meet its obligations.

Going forward, a specific claims risk assessment framework, including an assessment of the risk of claims being referred to the Tribunal and/or recurring as "resubmissions", will be developed and integrated into the corporate risk assessment framework. This framework will contribute to improving practices by identifying obstacles to the achievement of finality in the resolution of specific claim and by identifying means to mitigate and overcome those obstacles. The final resolution of specific claims results in justice for First Nations and certainty for all Canadians.

Sub-Program 1.2.3: Inuit Relations

Description

The Canadian Government has committed to increase the understanding of Inuit interests, to resolve issues of common concern, and to work co-operatively with relevant provincial and territorial governments, and national and regional Inuit organizations, to improve the socio-economic and environmental well-being of Inuit. This sub-program consists of strengthening relations with Inuit by working with Inuit organizations and governments, and with federal government departments and agencies to bring greater coherency, relevance, and effectiveness to federal policies and programs as they affect Inuit. This is done through the Inuit Relations Secretariat which raises awareness of the distinct interests and needs of Canada's Inuit with federal government departments and agencies, and provincial and territorial governments. It coordinates, partners, and conducts research and serves as a repository for current Inuit research, to build federal knowledge and in-house expertise on Inuit issues, and to provide evidence-based advice on Inuit needs and priorities in federal policy and program development and authorities' renewal.

Performance Analysis and Lessons Learned

The Inuit Relations Secretariat became the Inuit Relations Directorate on September 4, 2012, as a result of Canada's Economic Action Plan. The Inuit Relations Directorate (IRD) is now housed under the Aboriginal External Relations Branch in the Policy and Strategic Direction Sector. Its focus has shifted slightly, with a greater emphasis on policy and research.

With the new focus for the IRD, work plans have been adapted in order to meet overall objectives set at the outset of the fiscal year. Work continued smoothly and our partners were well informed of the organizational changes.

The work on the "Pangnirtung: Making Connections for Youth" continued where a single, streamlined 2013–2015 Government of Canada/Hamlet of Pangnirtung funding arrangement was established for federal youth programming.

The Nanilavut (Inuit Graves: Finding Lost Loved Ones) joint work was advanced. Work was finalized for the Nunatsiavut Housing Needs Assessment. "UNIKKAUSIVUT: Sharing our Stories" was launched and distributed in collaboration with the National Film Board (NFB) in order to make the NFB's Inuit related films more accessible to Canadians. Inuit Relations developed an Inuit 101 presentation and delivered it to federal employees on a demand basis, and staff worked with Nunavut Sivuniksavut to deliver 3 annual Inuit Awareness Workshops for federal employees.

Sub-Program 1.2.4: Consultation and Engagement

Description

This sub-program provides technical, process and financial support to internal and external stakeholders to maintain co-operative relationships with Aboriginal representatives. This support could take several forms, such as advice on how to engage community members in the development of a community plan, contributions to a representative organization for core operations (administration, elections, finance), contribution for engaging with the Department at the technical level on the development of a specific policy or legislation; engagement with Aboriginal representatives or assistance to federal departments and agencies in fulfilling the Crown's duty to consult.

Performance Analysis and Lessons Learned

The Department assisted the Crown in fulfilling the duty to consult by providing information, advice and guidance to departments and agencies through a wide range of activities, such as: answers to information requests to the Consultation Information Service; use of the Aboriginal and Treaty Rights Information System by federal officials; delivery of training sessions; guidance provided by Regional Consultation Coordinators; and file-specific advice on major projects and other government activities and priorities.

Furthermore, through the Consultation and Policy Development Program, the Department works in partnership with many Aboriginal Representative Organizations across the country on a wide variety of issues. Work in 2012–2013 was carried out in many areas including First Nation and Inuit education, additions to reserves, First Nation elections and with the Inuit Circumpolar Council on natural resource development in the Arctic.

Program 1.3: Treaty Management

Description

This program aims to create and maintain ongoing partnerships to support both historic and modern-treaties to fulfill Canada's legal obligations. This program supports First Nation and Inuit communities in articulating their interests, participating in land and resource development and management, where applicable, and demonstrating the importance of treaties and the treaty relationship between the Crown and Aboriginal people. This is achieved by honouring Canada's obligations as set out in final agreements, improving relationships between Canada and Aboriginal peoples, and improving the relationships between Canada and Historic Treaties First Nations. Creating and maintaining partnerships that honour historic and modern treaties contributes to the strengthened, healthy and sustainable First Nation and Inuit communities and ultimately supports them to optimize their participation in the broader Canadian society, thus benefitting all Canadians.

Performance Analysis and Lessons Learned

The Treaty Commissions in Manitoba and Saskatchewan were established by the Department in partnership with representative Aboriginal organizations (Association of Manitoba Chiefs and Federation of Saskatchewan Indian Nations), acting as a neutral third party that coordinates research on treaty issues and engages in public information and awareness programming to advance understanding among all Canadians on treaty issues. The success of both existing Treaty Commissions has increased interest from Aboriginal groups in other areas with historical treaties (pre-1975).

Treaty Tables were also established with Treaty 6 and 8 (in Alberta), with First Nations in Saskatchewan and with Nishnawbe Aski Nation in Ontario; these tables provide an opportunity to jointly discuss historic treaty issues and find common understanding, conduct research and public education.

As part of the new approach to treaty and self-government negotiations announced in September 2012, an evaluation of all treaty tables was conducted. Decisions from the Minister on the future of treaty tables will be communicated with groups when the review process is complete.

The January 11th meeting between the Prime Minister and First Nations leaders led to an agreement for high level dialogue on the treaty relationship, with enhanced oversight from the Prime Minister's Office and the Privy Council Office on Aboriginal matters. A Senior Oversight Committee on Historic Treaties has been established by Canada and the Assembly of First Nations.

In terms of modern treaties, goals and priorities established in the first quarter of 2012–2013 have been achieved. Implementation committees met regularly, as have regional caucuses. Developing and maintaining positive relationships and partnerships has helped to determine goals and the implementation of the agreements that support collaboration among federal government departments and agencies. Three annual reports (Labrador Inuit Land Claims Agreement Annual Report, Nisga'a Final Agreement Annual Report and Tsawwassen First Nation Final Agreement Annual Report) were tabled in Parliament. The Implementation Branch developed Annual Report Guidelines which will help to ensure reports are smaller and focused on the activities and goals established by the implementation committees.

AANDC's role in coordinating the federal government implementation of these Agreements has continued throughout the year. The Treaty Obligation Monitoring System continues to be discussed with federal departments and agencies, with final rollout anticipated in 2013–2014. Efforts to continue training other government departments and agencies in the area of CLCA.net are ongoing and successful.

Goals set out in the Implementation Management Framework have also been successful. The Federal Steering Committee on Self-Government and Comprehensive Claims has approved related Implementation Branch negotiation mandates, as well as the Annual Report Guidelines. Additionally, two Fiscal Financial Agreements (FFA) were renewed during the year and two other expiring FFA's were extended, with the signatories continuing their efforts to negotiate new fiscal arrangements.

Sub-Program 1.3.1: Implementation of Modern-treaty Obligations

Description

The fulfillment of modern treaty obligations is a priority. The successful implementation of modern treaty obligations builds on the certainty created by negotiating and settling agreements. These treaties outline one-time and ongoing obligations including the establishment of land and water management boards, Aboriginal government structures (education, child care, etc.) and implementation committees. These committees are supported by AANDC and play a vital role in managing the treaty relationships by supporting and promoting resource development and the delivery of programs and services. They are essential to the health and well-being of Aboriginal communities and promoting capital infrastructure investments and private/public Aboriginal partnerships. Funding for implementation of Comprehensive Land Claim Agreements is provided through a grant authority to cover one-time statutory payments, and a grant authority to support implementation activities required by negotiated final agreements.

Performance Analysis and Lessons Learned

Goals and priorities established in the first quarter of 2012–2013 have been achieved. Implementation committees met regularly, as have regional caucuses. Developing and maintaining positive relationships and partnerships has helped in the development of goals and the implementation of the agreements that support collaboration among federal government departments and agencies. AANDC continues its efforts to ensure tools and resources are available to federal implementers^{Footnote 4}. The Annual Report Guidelines were approved by the Federal Steering Committee, and training has continued for the Treaty Obligation Monitoring System and CLCA.net^{Footnote 5}. As well, the Implementation Branch provided two overall updates on implementation activities to federal caucus.

Sub-Program 1.3.2: Management of Treaty Relationships

Description

The management of treaty relationships focuses on enhancing relationships between Canada and various implementation bodies, treaties commissions and tables, or Aboriginal governments through mutual exploration of historic treaties issues. AANDC has contribution authorities to support the various implementation bodies (i.e., surface rights boards, tribunals), negotiation tables and Treaty Commissions. Grants and contributions are being transferred to representative parties that oversee the settlements.

Performance Analysis and Lessons Learned

In 2012–2013, the funding of the Manitoba and Saskatchewan Treaty Commissions supported various awareness campaigns and educational initiatives for an increased understanding of historic treaties and the treaty relationship within the provinces of Manitoba and Saskatchewan. A quantitative analysis will be conducted in the spring of 2014.

Sub-Program 1.3.3: Management of Other Negotiated Settlements

Description

The management of other negotiated settlements focuses on those claims that did not meet the criteria set for comprehensive or specific land claims but were settled on moral grounds as opposed to strictly legal grounds and as such, created new rights, responsibilities or an ongoing relationship. AANDC uses a specially sought grant authority to manage negotiated settlement payments to the representative group/committee that oversees the settlements through contributions and or grants. AANDC is fulfilling the negotiated settlements as per the agreements with the First Nations.

Performance Analysis and Lessons Learned

N/A — There were no other negotiated settlements in 2012–2013.

There was minimal activity associated with settlement agreements. Due to rounding, minimal expenditures do not appear in the table, the remaining amount has been reprofiled to 2013–2014.

Program 2.1: Education

Description

The Education program aims to support First Nation and Inuit learners in the achievement of education outcomes that are comparable to other Canadians. Such achievement is a key to enhancing their participation in the labour market and their future success. AANDC has primary responsibility under the Indian Act for elementary and secondary education of students living on-reserve. As a matter of social policy, AANDC also supports eligible First Nations and Inuit students in the pursuit of post-secondary education. The focus of these programming efforts is on supporting students in relation to: academic progression in elementary and secondary education; provision of appropriate learning environments with culturally relevant education programs and services; and participation in post-secondary education and advancement in programs of study. The improvement of education outcomes and increased participation in the economy and society benefits all Canadians.

Performance Analysis and Lessons Learned

The academic outcomes of First Nations students ordinarily resident on-reserve require improvement to ensure an increase in graduation rates, success in post-secondary education and/or to a transition into the labour market.

To address this situation at the elementary and secondary education levels, and to build on previous reports (the final report of the National Panel on Elementary and Secondary Education, the Senate Standing Committee on Aboriginal People and the Office of the Auditor General reports), in December 2012, AANDC announced Phase 1 of consultations with First Nations on the development of a First Nation Education Act. The Department invited all First Nations to provide input on important issues of improving education outcomes, funding mechanisms and the proposed way forward for education legislation. In 2013–2014 a draft of the legislation will be shared with all First Nation communities across Canada, as well as with provincial governments and other stakeholders, for their input.

AANDC continues to explore and assess the way it proceeds to ensure priority programs produce better results for Aboriginal peoples and all Canadians. This year, the Indian Studies Support Program (ISSP) was improved by introducing a national selection process to evaluate proposals.

In 2012–2013, the Department conducted two evaluations (Summative Evaluation of the Elementary/ Secondary Education Program On-Reserve and a Summative Evaluation of the Post-secondary Education Program).

In response to those evaluations, actions will be taken based on the recommendations made. Having a First Nation Education Act in place by Fall 2014 will help to establish the structures and standards required to support strong and accountable education systems on-reserve, and improve educational outcomes for on-reserve students attending band-operated, provincial, or federally operated schools. More information is available under sub-programs 2.1.1 and 2.1.2.

Sub-Program 2.1.1: Elementary and Secondary Education

Description

The objective of this sub-program is to ensure that First Nation students have access to provincially comparable education programs and services. Through this sub-program, AANDC fulfils its responsibility for the elementary and secondary education of students living on-reserve. The sub-program supports First Nations, Band Councils, Tribal Councils or regional First Nation education organizations in providing eligible on-reserve students with education services comparable to those of the province in which the reserve is located. Funding is used for teachers' salaries, instructional services in on-reserve schools (band operated and the seven federal schools), and reimbursement of tuition costs for on-reserve students attending provincial schools. Also, it provides student support services (e.g., transportation) and helps to enhance education services (e.g., curriculum and language development, teacher recruitment and retention, community and parents' engagement in education, and Information Communications Technology capacity). It also supports schools' access to resources for learners with identified high cost special needs. Resources are provided for longer term improvements in education outcomes by focusing on school success planning, student learning and performance assessment and establishing new or advancing existing tripartite education partnerships with First Nations and provinces. In addition, Elementary/Secondary Education program also supports culturally appropriate education through the cultural education centers as well as provides support for First Nations and Inuit youth to transition to the workplace and post-secondary education.

Performance Analysis and Lessons Learned

To ensure readiness for the implementation of a First Nation Education Act in 2014, AANDC implemented the Strong Schools, Successful Students Initiative in 2012–2013 (Canada's Economic Action Plan 2012 investments/$100 million over three years) through the Education Partnerships Program (EPP) and the First Nation Student Success Program (FNSSP). In the fall of 2012, AANDC's call for proposals related to the new initiative was launched. Seventeen proposals were approved for funding for 2013–2014 under EPP and FNSSP.

AANDC launched the Education Information System (EIS) in 2012–2013. EIS is now available to all First Nations recipients on-line through AANDC Services Portal. The launch of this on-line tool allows First Nation education funding recipients to submit proposals, retrieve reports, and track the progress of their submissions for a series of programs. More programs and functions are being added to the EIS throughout 2013–2014.

The report of the Summative Evaluation of the Elementary/Secondary Education Program On-Reserve (ESE) was approved in June 2012, and posted on the departmental website. The evaluation contains twelve key findings and eight recommendations, suggesting the need for revisions to ESE programming. These recommendations focused on strategic investment of new funds, stronger accountabilities, and exploring future policy development in areas such as second to higher level services (administrative functions associated with operating schools such as broad curriculum development, strategic vision, professional development, etc.), early childhood education, culture and language retention, and special needs. AANDC has developed a Management Response and Action Plan in response to the report's recommendations, which will be implemented in 2013–2014.

Sub-Program 2.1.2: Post-Secondary Education

Description

The objective of this sub-program is to help increase access and enable success in post-secondary education for eligible First Nation and Inuit students. The sub-program provides funding to Band Councils, Tribal Councils or regional First Nations education organizations to assist eligible students with the cost of tuition fees, books, travel, and living expenses (when applicable). It provides financial support to eligible First Nation and Inuit students for university and college entrance preparation programs, offered in Canadian post-secondary institutions, to enable them to attain the academic level required for entrance to degree and diploma credit programs. Resources are also available to post-secondary education institutions for the design and development of college and university level courses for First Nation and Inuit students, as well as research and development on First Nation and Inuit education.

Performance Analysis and Lessons Learned

In 2012–2013 AANDC continued to invest in post-secondary education with $331.7 million spent to support the participation of eligible First Nations and Inuit students in post-secondary programs. In the fall of 2012 AANDC launched The Aboriginal Bursaries Search Tool, a mobile-friendly tool. It contains an inventory of over 750 scholarships and bursaries, estimated at more than $10 million, and assists Aboriginal students (First Nations, Métis and Inuit) in accessing post-secondary education financial support. Promotional activities were held throughout the year, including mail-out of promotional cards for the application, participation in career fairs, as well as on-going monitoring of the related website.

The Indian Studies Support Program (ISSP) was refined in 2012–2013 by AANDC in order to get the best value for money spent, by introducing a national selection process to evaluate and approve proposals. This represents a change to the internal ISSP proposal approval process. The approach will ensure the best proposals from post-secondary institutions are funded and that design and delivery of courses and activities financed through the program are consistent with the program priorities. This includes ensuring that courses funded through ISSP are: focused on the labour market, with specific outcomes and objectives; will lead to high-demand job occupations; and meet the needs of First Nation and Inuit communities.

A summative Evaluation of the Post-Secondary Education Program was conducted during 2012–2013. The evaluation highlights a considerable need for AANDC to review its current approach to post-secondary programming to better ensure short-term successes and long-term benefits to First Nation and Inuit people as well as to the Canadian economy and the broader society. In response to the findings, AANDC will continue to examine ways to improve post-secondary education access for First Nations and Inuit post-secondary students through a new approach that would be more effective, accountable, and coordinated with other federal student support programs. AANDC has also revised its data collection instruments, as well as the timing of the reporting process, to improve the reliability and completeness of data. In addition, the Education Information System was launched by AANDC in 2012–2013 which, when fully deployed, will contribute to improved data collection for post-secondary programs.

Program 2.2: Social Development

Description

This program aims to assist First Nation individuals and communities to become more self-sufficient; protect individuals and families at risk of violence; provide prevention supports that allow individuals and families to better care for their children; and support greater participation in the labour market. This program assists First Nations men, women and children in achieving greater independence and self-sufficiency on reserves across Canada. It does so by flowing funds to First Nations, provincial representatives and other recipients who provide on-reserve residents and Yukon First Nations with individual and family services that are developed and implemented in collaboration with partners. These services help First Nation communities meet basic and special needs; support employability and attachment to the workforce; and ensure that individuals and families are safe. First Nations that are engaged in advancing their own development are better equipped to leverage opportunities made available by their communities and actively contribute to the broader Canadian economy and society.

Performance Analysis and Lessons Learned

Funding of community-based supports and services continued in 2012–2013. AANDC continued to work with other government departments and stakeholders to support solid steps forward in the reform of social policies and programs to assist First Nations men, women and their families in First Nation communities to become more self-reliant, advance their own development and take advantage of opportunities to support enhanced individual, family and community well-being in First Nations across Canada.

Measuring the performance of Social Development programs as a whole began in 2012–2013. Performance measurement collectively tracks the improved well-being of men, women, children, families, and ultimately communities.

One of the major challenges for the Social Development programs is collecting and/or accessing meaningful and reliable data with which to make informed decisions. Challenges with utilizing the Community Well Being Index (CWB) to support evidence-informed decisions are threefold: the data is only available every five years; the four indicators of well-being pertain mainly to socioeconomic well-being; and the indicators used in the CWB do not fully capture the economic realities of some First Nation communities.

These limitations mean that the CWB is used in conjunction with numerous other sources of data to support evidence-based decision-making. Some of the secondary data sources utilized by the Social Development programs include the First Nations Regional Health Survey and the Uniform Crime Reporting Survey. AANDC is also identifying opportunities and supporting data initiatives in First Nation communities and organizations to improve access to quality, timely First Nation data required by both First Nations and federal governments to plan, account for investments, and report on outcomes.

Improving individual and community well-being requires AANDC social development staff to work daily with First Nations to address program management and service delivery issues including ensuring that individuals have access to benefits. A new National Social Programs Manual, introduced in April 2012 provides clearer and consistent guidance to all First Nations. Work to further consolidate regional manuals into National Social Programs Manual continues in 2013–2014. Further updates to the National Social Progams Manual will take place as required in accordance with federal/provincial/territorial program changes. Investments were made to reduce the amount and frequency of reporting, thereby allowing First Nations to focus on local programming priorities. AANDC staff worked on articulating and then implementing policy and program reform across the suite of five social programs in partnership with First Nations, provinces, Yukon Territory and other stakeholders in order to improve program outcomes.

Sub-Program 2.2.1: Income Assistance

Description

This sub-program provides funding to assist eligible individuals and families who are ordinarily resident on-reserve with basic and special needs services that are aligned to those provided to other residents of the reference province/territory; and pre-employment measures designed to increase self-reliance, improve life skills and promote greater attachment to the work force. There are four major components of the sub-program: basic needs; special needs; pre-employment supports; and service delivery. The expected outcome of the Income Assistance sub-program is an improved quality of life through the reduction of poverty and hardship on-reserve and improved participation in, and attachment to, the workforce.

Performance Analysis and Lessons Learned

In Canada's Economic Action Plan 2012–2013, the Government of Canada committed to reform the Income Assistance Program by addressing skill and labour market mismatches for the on-reserve population, a population that is currently underrepresented in the workforce. AANDC worked closely with Employment and Social Development Canada to better align their respective programs that support income assistance clients to encourage employment and self-sufficiency.

To prepare for the reform, AANDC worked with First Nation income assistance service providers to fund 34 pilot projects which provided greater access to pre-employment training and support for on-reserve income assistance clients.

The Department worked with Employment and Social Development Canada to identify and collect performance data for the Income Assistance Reform that will assist with program evaluation. This analysis revealed the importance of using a coordinated approach to establish program indicators and to measure success. Income Assistance indicators must be considered in context with all the indicators for the five social sub-programs to provide a more comprehensive picture of social development.

Increased human and financial resource efforts have focused on working directly with First Nation Income Assistance service providers to build capacity so that clients receive support to transition from income assistance to employment. Lessons learned from recent Active measures pilot projects are informing better approaches for case management and client supports that are focused on increasing employability. Partnerships with First Nations, the provinces and the Yukon, and the private sector were actively pursued to ensure First Nations have access to employment opportunities. Collectively, this work has assisted the Department in establishing performance measures associated with the employability of income assistance recipients.

Sub-Program 2.2.2: National Child Benefit Reinvestment

Description

This sub-program is one component of the wider National Child Benefit initiative. This initiative has two components: a financial benefits component that goes directly to individuals (e.g., the federal Canada Child Tax Benefit) and a reinvestment component — the National Child Benefit Reinvestment — that provides community-based supports and services for children in low-income families in the provinces/territories that choose to operate this initiative. AANDC's National Child Benefit Reinvestment is the on-reserve counterpart to reinvestment projects/programming administered by applicable provinces/territories off-reserve. There are five activity areas for this sub-program on-reserve: childcare; child nutrition; support for parents; home-to-work transition; and cultural enrichment. The expected outcomes include a reduction in the immediate effects of child poverty and decreased barriers for parents/guardians to become, or remain, attached to the workforce.

Performance Analysis and Lessons Learned

The National Child Benefit Reinvestment (NCBR) initiative supported First Nation communities and organizations to provide an array of assistance to alleviate the depth and effects of poverty for children in low-income families on-reserve. Data indicates that approximately 90,000 families and 200,000 children on-reserve benefit from these efforts annually.

In 2012–2013, the NCBR provided funding for child nutrition projects such as hot breakfast/lunch programs in schools, daycares and Headstart programs. Evaluations of the initiative have noted that school-based child nutrition projects have contributed to improved school attendance by children, as well as improvements in their grades. The National Child Benefit Reinvestment also supported Home-to-Work transition projects to help parents become, or remain, employed. These transition projects included skills-based training, transportation to training or work, and childcare — providing children with a safe place to be while parents attended training or work.

Given the unique scope and flexibility of the NCBR, First Nations have been able to establish and operate a wide range of programs and services that otherwise may not exist in many of these communities. As in previous years, the Department remains committed to the initiative and will work closely with First Nations to ensure continued results. Particular attention is being placed on how the Home-to-Work transition and child care components can complement the increased support to income assistance clients for pre-employment and skills training and development for the eventual transition to employment.

There is a need to validate allocations methodology for all regions, based on applying the reinvestment model of each reference province/territory. AANDC has launched a project to do so, which will continue into 2013–2014 (forecast completion end of fiscal), to inform ongoing program management.

Sub-Program 2.2.3: Assisted Living

Description

This sub-program is a residency-based program that provides funding to assist in non-medical, social support services to seniors, adults with chronic illness, and children and adults with disabilities (mental and physical) so that they can maintain functional independence and achieve greater self-reliance. There are three major components to the sub-program including in-home care, adult foster care and institutional care. The latter is for eligible individuals in need of personal non-medical care on a 24-hour basis. The Assisted Living Program is available to all individuals residing on-reserve, or ordinarily resident on-reserve, who have been formally assessed by a health care professional (in a manner comparable to the relevant province or territory) as requiring services and who do not have the means to obtain such services themselves. The expected outcome for this sub-program is that individuals maintain their independence for as long as possible while maximizing the quality of their daily experience at home and in the community.

Performance Analysis and Lessons Learned

Program funding was used to provide services to over 10,000 clients. As with other social programs, AANDC worked directly with First Nations as well as partners like Health Canada and the provinces, to improve the delivery of social support services to a wide range of clients. Understanding how services are used is key to better positioning the program to address needs going forward. Recent data analysis of Institutional Care, one of the program's three main components, found that this component accounted for over 50% of program expenditures while serving less than 10% of the total number of clients in the program. Analysis also shows that there were large discrepancies between regions with respect to spending on institutional care. For example, institutional care expenditures represented 95% of total program expenditures in the Yukon region, but only 8% in the Alberta region.

To ensure consistent and predictable spending across all regions, AANDC is validating eligible expenditures under the Assisted Living program's institutional care component and is working on proposals to clarify eligible Institutional Care expenditures that are consistent with the income-support mandate.

Sub-Program 2.2.4: First Nations Child and Family Services

Description

This sub-program provides funding to assist in ensuring the safety and well-being of First Nations children on-reserve by supporting culturally appropriate prevention and protection services for children and families. These services are provided in accordance with the legislation and standards of the province or territory of residence and in a manner that is reasonably comparable to those available to other provincial residents in similar circumstances. There are four components to the sub-program including: development, maintenance, operations, and prevention. In 2007, the First Nations Child and Family Services sub-program began shifting to an Enhanced Prevention Focused Approach. This is consistent with provinces that have largely refocused their child and family services programs from protection to prevention services. The expected outcome for this sub-program is to have a more secure and stable family environment for children ordinarily resident on-reserve. The implementation of the Enhanced Prevention Focused Approach is expected to improve services, cohesion of the family, and life outcomes for First Nation children and families on-reserve. AANDC also contributes to the funding of day care services for First Nation families in Ontario and Alberta and participates in activities that promote Early Childhood Development coordination across departments.

Performance Analysis and Lessons Learned

In 2012–2013, AANDC continued to implement and monitor the Enhanced Prevention Focused Approach^{Footnote 6} (EPFA) and Directive 20-1^{Footnote 7} to deliver protection and prevention services to First Nation children, youth, and families ordinarily resident on-reserve through the First Nations Child and Family Services (FNCFS) program. The approach has been implemented in six jurisdictions, and AANDC is working with the remaining jurisdictions to transition as well. AANDC finalized a Service Delivery Agreement with British Columbia in preparation for the transition to EPFA. The Department continues to share lessons learned and remains willing to work with other jurisdictions as they adapt their own approaches transition to the EPFA. Transitioning each jurisdiction involves a significant amount of tripartite work and depends on partner readiness and on the status of the province's or territory's own shift to a different approach. In Alberta, work continues to establish a First Nations Child and Family Service Engagement Process and a bilateral Accountability Framework which will assist AANDC, and the province, to clarifying roles and responsibilities and strengthening the delivery of services to First Nations children and their families by the First Nation agencies.

The First Nations Child and Family Services Information Management System (FNCFS IMS), which was introduced in April 2013, will facilitate effective ongoing program management and reporting on program performance. The FNCFS IMS will simplify reporting, improve work processes, and provide essential data to inform program policy. The next release (scheduled for April 2014) will focus on performance measurement and prevention data. FNCFS also began discussions on data sharing agreements with the provinces of Alberta and Manitoba.

In 2012–2013, a number of program audits, evaluations and management plans to address findings were completed for First Nations Child and Family Services. Recommendations touch on: the ongoing review of costing models developed under the Enhanced Prevention Focused Approach; FNCFS agency capacity building; and more formalized collaboration between provinces, territories and FNCFS agencies. AANDC will engage with partners through formal tripartite processes as a step towards addressing the recommendations. The Department will also review financial pressures and business plans to ensure agencies are supported.

Sub-Program 2.2.5: Family Violence Prevention

Description

This sub-program provides funding to assist First Nations so that they can provide access to culturally appropriate family violence shelter services and prevention activities to First Nations women, children and families on-reserve that are reasonably comparable to those available to other provincial and Yukon residents in similar circumstances. There are two components to the sub-program: operational funding for shelters; and community-based prevention projects. The expected outcome of the Family Violence Prevention sub-program is the enhanced safety and security of First Nations women, children and families.

Performance Analysis and Lessons Learned

Funds from Budget 2012 were fully allocated to maintain the program in 2012–2013. Budget 2013 renewed the Family Violence Prevention Program for an additional two years, allowing AANDC to continue to offer family violence shelter and prevention services at a funding level of $30.4 million, similar to previous years.

In 2012–2013, AANDC implemented approaches to distribute prevention funds more strategically by funding "best practices" proposals aimed at promoting longer-term results, such as: "train-the-trainer" programs; intervention and awareness activities; and encouraging proposals that included partnerships between communities and organizations. AANDC also worked with the National Aboriginal Circle Against Family Violence (NACAFV) to support capacity for shelters. For example, AANDC supported a NACAFV's Shelter Director's Conference in November 2012, and an Annual Training Forum for front-line shelter workers and shelter directors in Montreal in February 2013.

AANDC continued to participate in the Family Violence Initiative — an intergovernmental forum for national collaboration on issues related to family violence — to strengthen linkages across the federal government and worked with key partners to increase collaboration and coordination on promoting best practices in policy and programming to address family violence issues.

In an effort to strengthen program management and improve delivery of family violence services, on-site shelter visits (compliance reviews) were initiated. On-site visits are continuing in 2013–2014.

AANDC has also modified the program's annual report to better reflect levels of partnership, community planning, and overall performance measurement within the funded proposal. This will evaluate the extent to which these aspects are being implemented by funding recipients and will allow the program to encourage these elements in future proposals.

Program 2.3: Managing Individual Affairs

Description

The Managing Individual Affairs program contributes to The People Strategic Outcome by ensuring responsible federal stewardship of the legislative, administrative and treaty obligations of the Federal Government to First Nations that pertain to Estates, Indian Moneys, Registration, Band Membership and Treaty Annuities. This program administers the portions of the First Nations Oil and Gas and Moneys Management Act that relate to Indian Moneys and is critical to ensuring that provisions of the Indian Act and other statutory obligations are fulfilled. Results are achieved through direct client-services and through partnerships with First Nations directed to: determining eligibility for registration under the Indian Act; issuing the Secure Certificate of Indian Status; ensuring responsibility for management of Indian moneys and estates under the Indian Act; and honouring treaty annuity obligations to First Nations. A sound administration of individual affairs and moneys contributes to the well-being of First Nation individuals, families and communities and enhances their participation in the Canadian society.

Performance Analysis and Lessons Learned

During 2012–2013, AANDC focused on ensuring consistent and timely processing of registration and secure card applications. Registration and membership functions were affected by 44.0 fewer FTE employees, at headquarters and in the regions combined, than planned. The Office of the Indian Registrar continued to focus on improving effective client service delivery and program modernization, initiating the integration of the registration to entitlement processes, policies and procedures, with those of the Secure Certificate of Indian Status (SCIS). This will ultimately result in a seamless, client-centric service delivery model for registration and card issuance.

The SCIS delivery network, expanded nationally, now permits applicants to apply in-person nation-wide or to apply utilizing the new mail-in process. The SCIS Issuance Policy was redesigned to support a more stringent application process for eligible persons.

AANDC continued modernization of operations in the management of Indian Moneys and estates. A risk-based framework was developed for the disbursement of Indian moneys. Decisions for the effective release of trust funds are based on information that is pertinent, consistent and accurate in order to fulfill accountability, legal and statutory obligations.

Sub-Program 2.3.1: Registration and Membership

Description

Section 5 of the Indian Act mandates AANDC to maintain the Indian Register which is a listing of all persons registered as Indians within the meaning of the Indian Act as well as band members for departmentally-controlled band lists. At the First Nation level, Indian Registration Administrators work on behalf of the Department to maintain the Indian Registration Program and have specific authorities delegated to them through the Indian Registrar. In addition, the Individual Affairs Branch issues the Secure Certificate of Indian Status card, which is used to identify those eligible to receive key programs and services that are available to registered Indians. A current, up-to-date and accurate Indian Register is a fundamental component for the delivery of departmental programs and services as it identifies the entitled demographic.

Performance Analysis and Lessons Learned

In 2012–2013, the program focused on effective client service delivery and program modernization. A total of 15,141 new registrations were completed, bringing the total registered Indian population to 906,270. With 35.4 fewer full-time equivalent employees than was planned, there was an impact on the rate of processing of entitlement applications which continued to lag below service standards. Of 12,910 applications received, 9,905 (77%) were sent an Acknowledgement of Receipt letter within 30 days and 10,736 (83%) were addressed within six months of being received. There were 22,030 vital events (births, deaths, new registrations) recorded in 2012–2013, which required updating band lists for 350 First Nations.

The applications for entitlement to registration, which extended beyond the six month service standard, were managed by hiring additional resources and implementing simplified policies, processes and procedures, as well as with staff training. In partnership with the Canada School of Public Service, e-Courses were developed and piloted in order to standardize training of processing agents. Given the complexities of the registration processing work, standardized training has proven crucial to ensuring quality assurance of entitlement decisions are made in accordance with the Indian Act.

To address applications received pursuant to the enactment of the Gender Equity in Indian Registration Act within the six-month service standard, a successful pilot project streamlined all straight-forward applications requiring minimal genealogical research. It also allowed applications to be processed in a digitized manner. The modernization of policies, procedures and processes, as well as the production of job aids, has enhanced employee efficiency at headquarters and in the regions.

The implementation of the Agreement of the Recognition of the Qalipu Mi'kmag Band, created on September 22, 2011, continued with the issuance of the third order in council in June 2012. This brought the total number of founding members of the band to 23,877.

As of the end of fiscal 2012–2013, 77,119 new Secure Certificates of Indian Status (SCIS) had been issued. The delivery network expanded nationally, enabling applicants to apply for a SCIS at all Regional and District Offices, or by the new mail-in process. Newly developed and updated tools, resources and strategies to inform applicants and stakeholders about the SCIS program, designed to coincide with the national delivery network expansion, were also launched.

SCIS application response was outside of established service standards. AANDC examined the process to identify program gaps, resulting in the implementation of a redefined SCIS In-Canada Issuance Policy and a more efficient service delivery model. A review of the impacts of the revised SCIS In-Canada Issuance Policy will further identify any possible strategies to eliminate card issuance delays. AANDC will also continue to provide ongoing support for the SCIS national delivery network; and maintain a commitment to raise awareness and promote the SCIS in First Nation communities. Increased issuance of the SCIS should diminish fraudulent abuse of benefits accorded by registration.

Sub-Program 2.3.2: Management of Moneys

Description

AANDC is responsible for the management of Indian moneys provisions of the Indian Act which define the collection, maintenance and accounting of Indian Moneys. The Indian Moneys section of Lands and Trust Services executes the overall administration of Indian moneys held within the Consolidated Revenue Fund for the use and benefit of Bands. These revenue moneys are defined as all Indian moneys other than capital moneys (those derived from the sale of surrendered lands or non-renewable resources such as oil and gas) and may include, but are not limited to, the proceeds from the sale of renewable resources, rights-of-way, fines and interest earned on capital and revenue moneys held in the Consolidated Revenue Fund.

Performance Analysis and Lessons Learned

In response to the 2010 Audit of Trust Accounts, the Department improved the Treaty Funds Management System and the internal manuals which reinforced due diligence for the release of Indian Moneys and ensured consistent application of the policies nation-wide.

First Nations requested access to their Indian moneys for a variety of reasons including, but not limited to band administration activities, capital investments, and funding for social and cultural activities on-reserve. Thirteen of the 14 First Nations requests received at AANDC and recommended to the Minister were completed within the service standard.

Sub-Program 2.3.3: Estate Management

Description

This sub-program is comprised of two areas, the decedent and the living estates programs and provides for the management and administration of the estates of deceased, mentally incompetent and minor Indians on-reserve. The Estate Management sub-program derives its mandate (authority) from the Indian Act and the Indian Estates Regulations. The sub-program is responsible for developing policy, procedures and providing advice on the management and administration of estates under the Act.

Performance Analysis and Lessons Learned

The Department continued towards the goal of increasing the proportion of non-departmental estate administrators (ideally family members) appointed pursuant to section 43(a) of the Indian Act. Where this is not possible, the Department is vested with the responsibility of administering the estate of the deceased in compliance with its statutory authority. By March 31, 2013, 923 of 982 (93.9%) non-departmental appointments were made, exceeding the target of 75%.

Sub-Program 2.3.4: Treaty Annuities

Description

This sub-program is responsible for administering payments and benefits according to the various treaties that First Nations signed with the British and later Canadian government. As each treaty is unique, so are the benefits to which each First Nations individual is entitled. Many treaties provide for annual payments, which are paid in cash at Treaty Day events and amount to roughly $1.7 million annually.

Performance Analysis and Lessons Learned

For the period 2012–2013, all of the treaty events requested were held. The availability of volunteers to support regions at treaty events through the Treaty Annuity Payment Experience (TAPE) was significantly reduced in the last two years, due to the current fiscal environment. As a result the TAPE that was coordinated by AANDC was cancelled in November 2012.

Program 2.4: Residential Schools Resolution

Description

This program aims to support a fair and lasting resolution to the legacy of Indian Residential Schools and to promote reconciliation with former students, their families and communities. In this program, AANDC ensures the successful implementation of the court-supervised Indian Residential Schools Settlement Agreement (IRSSA) by finalizing the Common Experience Payment and implementing the Personal Credits strategy; resolving claims of abuse under the Independent Assessment Process; funding and monitoring Commemoration initiatives; and meeting the Government of Canada's obligations towards the Truth and Reconciliation Commission. Additionally, AANDC supports complementary initiatives to further reconciliation such as funding and monitoring of the Advocacy and Public Information Program and promoting reconciliation between the Government of Canada and Aboriginal people, as well as between Aboriginal and non-Aboriginal people.

Performance Analysis and Lessons Learned

In 2012, AANDC received $725.6 million for four fiscal years, from 2012–2013 to 2015–2016, for the continued implementation of the Indian Residential Schools Settlement Agreement (IRSSA). This funding has allowed AANDC to continue to meet its ongoing obligations in this regard including the Common Experience Payment (CEP) process, the Independent Assessment Process (IAP), Commemoration, and support to the Truth and Reconciliation Commission (TRC).

The Advocacy and Public Information Program (APIP) continued to ensure that the Aboriginal community, particularly former students and their families, are aware of the aspects of the Settlement Agreement, especially the CEP and IAP deadlines, and to fund projects that promote reconciliation. In 2012–2013, $3.7 million was provided to Aboriginal organizations from this program.

As a gesture of reconciliation, a stained glass window was installed directly above the west entrance to Centre Block, commemorating the legacy of Indian residential schools and the Prime Minister's apology to former students on behalf of all Canadians. The window provides a unique opportunity for Parliamentarians and visitors to Parliament to learn about the history of Indian residential schools and Canada's ongoing reconciliation efforts.

The repeal of the Indian residential schools provisions of the Indian Act is part of Bill C-428, which received second reading in the House of Commons on December 5, 2012.

On August 22, 2012, AANDC added Mistassini Hostels to the list of recognized institutions under the Settlement Agreement and on March 27, 2013, the Quebec Superior Court approved an order allowing former students who resided at Mistassini Hostels to submit applications for CEP and IAP by September 3, 2013.

Sub-Program 2.4.1: Common Experience Payments

Description

This component of the Indian Residential Schools Settlement Agreement provides compensation to former students in recognition of the impacts of "common experience" at an Indian residential school. In order to provide an effective and efficient process that was easier for most recipients, the Common Experience Payment (CEP) sub-program was negotiated by parties to the Settlement Agreement to pay all former students who were residents of Indian residential school.

Performance Analysis and Lessons Learned

As of March 31, 2013, $1.613 billion of the $1.9 billion Designated Amount Fund (84.9%) was disbursed to pay 78,859 out of an estimated 80,000 (98.6%) former students who resided at a recognized Indian residential school. Of this, $14.9 million was paid to 869 former students in the period 2012–2013.

Education experts representing Canada, the Assembly of First Nations and Inuit organizations and an expert firm in class action settlements were appointed by the Courts and have developed draft terms and conditions for Personal Credits. The expert in class action settlement administration has developed an administration plan based on those terms and conditions. Canada has developed a Request for Direction for Court approval. It is anticipated that implementation will begin once that approval is received.

Sub-Program 2.4.2: Independent Assessment Process

Description

This component of the Indian Residential Schools Settlement Agreement^{Footnote 8}, a comprehensive Independent Assessment Process, was created as a mechanism to individually determine appropriate compensation for more serious physical abuse, sexual abuse and other wrongful acts, which are outside of the objectives and parameters of the Common Experience Payment.

Performance Analysis and Lessons Learned

The variance in spending is due to the greater than forecast number of applications received and admitted under the Indian Residential Schools Settlement Agreement (IRSSA). Close to 8,000 applications were received from the beginning of September 2012 until the September 19, 2012 deadline for applying to the IAP, which is a significant figure when compared to the monthly average of 447 applications over the previous year. In response, additional funding and FTEs have been required to meet the continuing need to implement the IRSSA, respond to court/Article 12 challenges, and process and resolve claims in a timely fashion.

A notice plan focusing on, the Independent Assessment Process application deadline of September 19, 2012 was implemented from March to June, 2012. Available in English, French, and 16 Aboriginal languages, this notice was delivered through Aboriginal and mainstream publications, English, French and Aboriginal television, radio, on-line banners, a mass mail-out and targeted outreach to homeless people. It reached 83% of the target population (Aboriginal people over the age of 25) an average of 4.65 times per person.

Based on academic studies, the original number of applications forecast was approximately 12,500. As of March 31, 2013, 37,716 claims had been received, three times more than the 2006 forecast. Of these, 20,413 applications were confirmed and resolved.

For the fiscal period of 2012–2013, 4,194 IAP hearings were held and 730 claims were resolved through the Negotiated Settlement Process (NSP), totaling $472.4 million paid in claims.

On average, 349 hearings were held per month in 2012–2013, an increase of 29 hearings per month compared to the average of the previous fiscal year. Since the implementation of the Indian Residential Schools Settlement Agreement began in 2007, 20,413 IAP claims have been resolved (almost 54% of all claims received into the IAP). A total of $1.951 billion has been paid out to claimants. The average amount per claim, including legal costs, is $114,736. This is well above the anticipated average of $86,000 which was based on the Alternative Dispute Resolution process.

A limited supply of hearing-ready files affected the IRSAS' ability to achieve the target of 4,500 first-claimant hearing in 2012–2013. The IRSAS is implementing new initiatives to address this issue, and to more efficiently and effectively move claimant files through to completion. AANDC and the IRSAS continue to work closely to address administrative concerns, specifically in the areas of human resources and procurement.

The re-engineering of the NSP^{Footnote 9} has produced results above expectations. Canada surpassed its target of 624 negotiated settlements for 2012–2013 by 106, for a total of 730.

Sub-Program 2.4.3: Commemoration

Description

This component of the Indian Residential Schools Settlement Agreement will honour and pay tribute to former students, promote closure, healing and reconciliation, educate Canadians of the legacy of Indian Residential Schools, and signal a new relationship between Aboriginal Peoples and Canada. The initiative will be delivered through contribution agreements with communities, regional, and national Aboriginal organizations submitting detailed proposals for funding. Canada will fund recommended proposals up to $20 million.

Performance Analysis and Lessons Learned

With funding received in 2012, the appropriate level of financial and human resources were in place to enable AANDC to fulfill its Commemoration objectives in 2012–2013.

The Truth and Reconciliation Commission provided AANDC with a total of 76 proposals recommended for Commemoration funding in 2012–2013. As of March 31, 2013, 75 contribution agreements were in place for a total of over $11 million. It is anticipated that all projects will be complete by March 31, 2014. Projects included the creation of plaques, gardens, totem poles and theatrical pieces, as well as the development of museum exhibitions and community gatherings.

Flexibility of Grants and Contributions funding arrangements has proven to be beneficial when dealing with multiple partners, as funding can be re-allocated from one year to another, contributing to the successful implementation of Commemoration.

Sub-Program 2.4.4: Support to the Truth and Reconciliation Commission

Description

This sub-program enables the Government of Canada (GoC) to meet its obligations under the Residential Schools Settlement Agreement to provide the Truth and Reconciliation Commission (TRC) with relevant documents, and to provide gestures of reconciliation. The Department has also agreed to provide some in-kind services to the Truth and Reconciliation Commission.

Performance Analysis and Lessons Learned

On January 30, 2013, the Ontario Superior Court of Justice ruled that the Government of Canada is required to compile and organize its Indian residential schools-relevant documents held at Library and Archives Canada (LAC). This task was not originally anticipated by the Government. The identification and disclosure of relevant LAC documents will be a costly undertaking. Given the Government's original interpretation that its disclosure obligations for the documents held by LAC were limited to providing access to its archives, neither financial nor human resources were planned or in place to produce these documents. The Government will seek the necessary resources.

Following the court ruling, the Department began working with the Truth and Reconciliation Commission on a plan to identify and disclose all relevant documents held by LAC. As part of the plan, AANDC, LAC and the TRC have initiated a scoping exercise to determine the extent of research required to comply with the court's ruling. It is anticipated that this scoping exercise will significantly reduce the cost and timeline of the project.

In addition to the 1.2 million active and semi-active documents already provided by AANDC, LAC disclosed almost 2.3 million historical documents to the TRC, resulting in a total of approximately 3.5 million documents provided as of March 31, 2013.

The Minister participated in the TRC national events in Saskatoon and in Montreal.

Program 3.1: Aboriginal Economic Development

Description

This program aims to build and promote viable Aboriginal businesses and opportunity ready communities. This program supports the vision of increasing participation of First Nation, Inuit and Métis individuals and communities in the Canadian economy and enables Aboriginal people to pursue the same opportunities for employment, income, and wealth creation as other Canadians by focusing on key areas of the Federal Framework for Aboriginal Economic Development: strengthening Aboriginal entrepreneurship; enhancing the value of Aboriginal assets; working with Employment and Social Development Canada in developing Aboriginal human capital; forging new and effective partnerships; and focusing the role of the federal government in the area of Aboriginal economic development. AANDC can ensure long term, sustainable economic development by promoting partnerships with provinces, territories and the private sector. Ultimately, viable Aboriginal businesses and opportunity-ready communities will strengthen the Canadian economy and benefit all Canadians.

Performance Analysis and Lessons Learned

Over $45 million was invested to support the viability of Aboriginal businesses, including investments in major business development opportunities. A new Program Delivery Partnership initiative was implemented with 14 qualified Aboriginal financial institutions across the country, to strengthen and streamline the delivery of capital and business support services to Aboriginal entrepreneurs.

An Aboriginal Participation Component was negotiated under the $1.17 billion contract for 5 Wing Goose Bay in Labrador, enabling access to over $100 million in procurement and employment opportunities for Aboriginal businesses. Federal funding of $12 million has been secured to support greater Aboriginal business participation as part of the $33 billion National Shipbuilding Procurement Strategy.

Six land use planning pilot projects, initiated in partnership with First Nations, have resulted in an increase in the effective coordination of housing, land, environment and economic development activities on-reserve. Data collection instruments, with respect to economic development programming, were reduced to 4 from 15, resulting in a significant reduction in the reporting burden faced by First Nations and Aboriginal organizations.

Regular discussions were held with the Assembly of First Nations to ensure that the launch of the Economic Task Force would take place in 2013. A new operational funding formula and prioritization methodology for the First Nations Land Management regime was implemented on April 1, 2012, as part of the First Nations Land Management initiative. Following the selection of 18 First Nations to enter the land management regime in 2012, the developmental phase of a 2-year community approval process has commenced and the final results are expected in 2013–2014.

Indian Oil and Gas Canada worked with the Indian Resource Council through a Joint Technical Committee to review and comment on policy approaches to modernize the regulations. They also provided information and held consultations with First Nations for their views on this subject.

Based on the challenges faced in implementing the Program Delivery Partnership initiative, future program plans will consider longer implementation and transition periods, to ensure partners have sufficient time to secure the skills and experience necessary when assuming additional responsibilities. This could involve implementation of a pilot project to identify and address issues in advance of a national program roll-out.

Sub-Program 3.1.1: Aboriginal Entrepreneurship

Description

A larger Aboriginal-owned private sector is key to improving income and employment outcomes for Aboriginal Canadians. Improving access to capital and strengthening other business development capacity tools, such as procurement, will encourage Aboriginal Canadians to start and/or expand their own businesses. This will increase and strengthen the Aboriginal private sector and contribute to the expected outcome, viable Aboriginal businesses. A strong private sector will also support the development of opportunity-ready communities.

Performance Analysis and Lessons Learned

A total of $12.3 million was provided to Aboriginal entrepreneurs in support of 170 business creation and expansion projects. In addition to business capitalization projects, $5.6 million was provided to support 99 business plan development projects and 91 business advisory service projects, of which $4.3 million was in support of 16 major resources and energy business projects.

A key service delivery gap was identified with respect to the business registration process under the federal Procurement Strategy for Aboriginal Businesses. In response, AANDC, in partnership with Industry Canada, launched an online business registry to enhance the ability of qualified businesses to win federal procurement contract opportunities and grow their businesses. In its first year of operation, this online registration process resulted in a 77% increase in registration levels over the previous fiscal year.

The second "Aboriginal Entrepreneur Conference and Trade Show" was supported by AANDC and hosted by Aboriginal Human Resource Council, showcasing Aboriginal entrepreneurs and businesses. As a result of increased promotional/outreach efforts, participation in the 2012 event surpassed the previous year's participation level by 60%.

Due to the implementation of the Program Delivery Partnership initiative and the need to re-allocate contributions budgets, fewer business creation, expansion, and business plan development projects were funded in 2012–2013. Going forward, more proactive approaches will be adopted to mitigate the need for internal budget re-allocations and ensure that contribution levels normally available for business creation, expansion, and business plan development projects can be maintained.

Sub-Program 3.1.2: Activation of Community Assets

Description

In the Aboriginal context, particularly on-reserve and in the North, major assets, such as land and surface and sub-surface resources, are frequently community owned, as opposed to individually owned. By building the value of their assets, communities can improve the well-being of their residents and generate income, thereby ensuring the maintenance and creation of wealth into the future. The systematic identification of economic opportunities, leveraging of partnerships, sound management of community assets, and modernization of the land management regime on-reserve all contribute to enhancing the value of community assets and enable communities to fully utilize them for economic development purposes. This sub-program will lead to enhanced value of Aboriginal assets, consistent with the Framework's Strategic Priorities.

Performance Analysis and Lessons Learned

The Haisla Nation Liquefied Natural Gas Facility Regulations were completed under the First Nations Commercial and Industrial Development Act. The total benefit is estimated to be $24.5 billion in sales revenues over 10 years, with the net benefit of $16 billion. The Regulations address the regulatory gap that exists between on- and off-reserve laws by reproducing provincial rules and regulations that apply to similar projects. FNCIDA provides First Nations with the ability to attract major capital investments and increase opportunities for employment and capacity development. Major commercial and industrial projects contribute to the regional economy and increase employment, generating tax revenue benefiting all Canadians.

An internal re-allocation of up to $20 million over 2 years for First Nations Land Management (FNLM), announced in Canada Economic Action Plan 2011, allowed the implementation of a new operational funding formula and prioritized entry process resulting in 18 new entrants, paving the way for a multi-year expansion strategy.

Indian Oil and Gas Canada collaborated with the Indian Resource Council and First Nations in the development of oil and gas policy to modernize the Indian Oil and Gas Regulations, 1995. Opportunities were also leveraged with industry and First Nations to develop oil and gas assets on reserve lands. During 2012–2013, Indian Oil and Gas Canada collected $176.7 million (including $19.0 million collected pursuant to clause 5.08 of the Saskatchewan Treaty Land Entitlement Agreement) on behalf of First Nations as a result of these operations.

Through the Community Economic Opportunities Program, over $16 million was invested in 218 projects across Canada, providing more community employment and revenues, greater utilization of lands and resources, enhanced community economic infrastructure, more contracts and sales from community businesses and enhanced capacity within communities to address future economic opportunities.

Following the 2012 expansion^{Footnote 10}, feedback suggested there was not sufficient time and a lack of support material to assist with the completion of the FNLM application for entry. The Department developed a FNLM Readiness Guide, which has been posted on the AANDC website, to assist First Nations and orientation has been provided to FNLM regional staff. For future expansion, an increase in time for the First Nations to complete their application will be provided. FNLM headquarters will ensure regional and Resource Centre engagement as early as possible to complete preparatory work.

Sub-Program 3.1.3: Strategic Federal Investments and Partnerships

Description

This sub-program refers to the building of relationships and partnerships that will enable Aboriginal economic development. For the government to increase the participation of Aboriginal Canadians in the economy it is necessary to forge partnerships with the provinces and territories, the private sector, and Aboriginal organizations and institutions. This sub-program will contribute to opportunity-ready communities, viable Aboriginal businesses, and a skilled Aboriginal labour force. It will identify all existing programming and services related to Aboriginal economic development and align federal investments under them. It will also identify and address gaps in the current suite of programming by leveraging funds that will enable Aboriginal Canadians to act on a specific and sectoral economic opportunity that currently falls outside the scope of existing federal programs. Key sectors of interest in 2012–2013 are: agriculture, energy, fisheries, forestry, and mining. This sub-program will ensure a partnership-based and whole-of-government approach to federal efforts on Aboriginal economic development by establishing a Federal Coordinating Committee to oversee the implementation of the federal framework for Aboriginal economic development; strengthening the National Aboriginal Economic Development Board; undertaking economic research; and conducting ongoing engagement with stakeholders and Aboriginal Canadians. It will contribute directly to the outcome, strategic federal investments.

Performance Analysis and Lessons Learned

With 13 partnering federal departments and agencies, the Strategic Partnership Initiative is an innovative, horizontal program intended to coordinate federal efforts with respect to supporting Aboriginal participation in complex resource development opportunities.

As a result of the program, federal partners have a mechanism to collectively identify opportunities for investment, assess and make project approvals, leverage non-federal sources of funding, monitor progress and report on outcomes. In addition, the umbrella terms and conditions of the program enable federal partners to flow funding to recipients through a single contribution agreement.

In 2012–2013, over $14 million was invested for twelve major initiatives under the Strategic Partnership Initiative. This resulted in 40 formal partnerships being established, leveraging an additional $26 million from other sources in support of these plans. In total, 157 Aboriginal communities participated in projects under this program this year.

The 2012 governance review of the Strategic Partnership Initiative recognized opportunities for greater transparency in decision-making, better consistency in investments aligned with government priorities, and improved results. As a result, an Investment Committee was established to determine priority areas for funding, placing greater focus on opportunity-driven initiatives, particularly large resource developments, and related activities that will increase community readiness to participate at all stages of development.

In February 2013, a number of opportunities were presented by partners to the Investment Committee for consideration and it was determined that 13 proposals aligned well with the direction of the program — these were given final approval by the Federal Coordination Committee on April 12, 2013. Supported initiatives include mining in the Labrador Trough, British Columbia Tourism, activities associated with the National Shipbuilding Procurement Strategy in the Atlantic and British Columbia Regions, and support of an Aboriginal Aquaculture Initiative. Two other enterprises in the agriculture and forestry sectors continue to receive support as a result of previous funding decisions.

Program 3.2: Federal Administration of Reserve Land

Description

This program aims to ensure that the Crown fulfills its statutory and fiduciary obligations as the administrator of reserve lands held in trust for the use and benefit of the First Nation for whom the land was set aside. This is achieved through the timely response to requests for land transactions, the additions to reserve, the clarity of reserve boundaries, the designation of land for economic development purposes, and environmental management, all of which preserve the principles of communal use and benefit. Economic benefits accrue to Aboriginal communities, and ultimately enhance the Canadian economy, through the activation of reserve lands and the honouring of treaty obligations.

Performance Analysis and Lessons Learned

Last year, AANDC undertook a significant shift in devolving land registration functions to regions, and eliminating duplicative functions previously performed by personnel in the National Capital Region. This was done in order to streamline the land registration process, reduce administrative barriers and enable First Nations to leverage the equity in their lands at the pace of business or as opportunities arise. These changes had a short term impact on meeting targets associated with registration and tracking in the Netlands monitoring system. However, training and outreach over the fall of 2012 and the creation of a regional support centre has better positioned AANDC to meet its registration service standards in the years ahead.

An Internal Audit of Land Management noted that the there is no integration between the Indian Land Registry System and Netlands that allows for the direct transfer of data, and recommended conducting a feasibility study to determine whether alternative systems or methods for tracking leases and permits could be introduced to eliminate this inefficiency. AANDC will explore the potential to employ other, more efficient methods.

The Contaminated Sites Management Program supported activities for 61 environmental site assessments and remedial activities on 54 high priority sites, successfully meeting its target. As of March 31, 2013, AANDC was managing 2,392 active contaminated sites, of which 293 are high risk contaminated sites south of 60°.

Surpassing the number of contaminated sites remediated is largely attributable to increased internal communication and coordination, which provided a foundation for developing streamlined project management processes to effectively manage the budget allocations of the Contaminated Sites Management Program. For example, an increased understanding of regional departmental needs and capacity for program delivery better positioned this program to successfully seek and deploy additional funds from other sectors and federal departments.

Sub-Program 3.2.1: Additions to Reserve

Description

This sub-program involves adding land to existing reserves and creating new reserves. These activities fall under three broad categories: Legal Obligations, Community Expansion and New Reserves/Other. The bulk of this work contributes to the implementation of Treaty Land Entitlement and other specific claim settlement agreements, and thereby to reconciliation between First Nations and the Crown. The land transfer process requires AANDC to exercise due diligence through environment assessments, land appraisals, land survey, consultations and resolution of third party interests.

Performance Analysis and Lessons Learned

Additions to reserve (ATR) play an important role in supporting economic development both on- and off-reserve. In 2012–2013, land that was set apart as reserve supported commercial development, new revenue from agricultural activities, and a range of commercial activity, such as gas stations, convenience and grocery stores.

A November 2012 Standing Senate Committee on the Aboriginal Peoples Report noted that the Additions to Reserve process is challenged by high costs, lengthy timelines and difficult negotiations with third parties. In the period 2012–2013, the Department participated in a Joint Working Group with the Assembly of First Nations to examine opportunities to improve the Additions to Reserve policy and process and to examine opportunities to address these issues. The Joint Working Group explored a number of options to improve the policy, including streamlining the Additions to Reserve proposal, clarifying roles and responsibilities and facilitating economic development.

Additionally, AANDC undertook immediate steps to streamline the internal review and processing steps in the process. As a result of these changes, the approval process has been reduced by several months.

Sub-Program 3.2.2: Registration of Rights and Interests in Reserve Lands

Description

This sub-program fulfills statutory requirements for the Department to maintain land registries: Indian Lands Registry, First Nations Land Registry and Self Governing First Nations Land Registry. The operation of the lands registries involves examining, registering and maintaining documents related to such rights and interests (i.e., leases, permits, easements, licences and Certificates of Possession). This sub-program includes the internal survey program which defines the extent of these registered rights and interests. The statutory duties for the establishment of Rights and Interests in reserve land are carried out in accordance with the Indian Act and the Canada Lands Surveys Act.

Performance Analysis and Lessons Learned

A shortfall in achieving the annual target reflects a decrease in the demand for the granting of individual and third party interests under the Indian Act land management provisions, in comparison to the level experienced in the past three years. It can also be attributed to several other factors, including fewer requests to register permits, leases and lease renewals in comparison to the two previous years, including a decline in residential leases, and communication and grazing permits.

The Jobs and Growth Act, 2012^{Footnote 11}, which received Royal Assent on December 14, 2012, streamlined the land designation process that permits leasing on-reserve for First Nations operating under the Indian Act. It is anticipated that there will now be an increase in the number of designations and resulting leases.

Sub-Program 3.2.3: Clarity of Reserve Boundaries

Description

This sub-program is related to the statutory requirement to maintain a surrendered land registry which is now part of the Indian Lands Registry. This sub-program clarifies title through historical research, returns land to reserve that has been expropriated or surrendered without sale as well as processes section 35 expropriations. It also includes the Reserve Boundary Program which provides proper demarcation of external reserve boundaries which define the extent of both the federal jurisdiction and the extent of the land set aside for the individual band in accordance with section 18 of the Indian Act. These boundaries must be maintained on a cyclical basis to prevent encroachment and to correct for natural erosion and accretion.

Performance Analysis and Lessons Learned

AANDC increased the certainty of the extent of 336 km of reserve boundaries with the exploration of innovative ways of delivering survey services. For example, in 2012–2013 the National Aboriginal Land Management Association piloted survey delivery in Ontario, British Columbia and the Northwest Territories, in order to build capacity within the Aboriginal sector and test more efficient delivery models.

Additionally, work continued on the Parcel Fabric Renewal Pilot (PFRP) to stimulate investment in communities such as Innu Takuaikan Uashat Mak Mani-Utenam First Nation is substantially completed. Findings and recommendations were developed in partnership with Natural Resources Canada and proposed integrating land management, including the development of community parcel planning, land use planning, bylaw and governance and community capacity building. The Parcel Fabric Renewal Pilot has demonstrated that an integrated land management approach is critical in providing Aboriginal communities with a solid foundation for community and economic development. Three of the five communities that were part of the pilot project were able to resolve long standing land issues and are consequently in the process of entering the First Nations Land Management Program.

Sub-Program 3.2.4: Environmental Management

Description

This sub-program supports compliance with federal environmental legislation, regulations and policies, the reduction of environmental liabilities, and the development of environmental and sustainable development. As outlined in the Environmental Stewardship Strategy, it facilitates the implementation of an integrated approach to environmental and natural resource management for reserve lands in order to protect the health and safety of communities, as well as the integrity of the environment while promoting economic and social development opportunities. Working in partnership with First Nations, this sub-program contributes to sustainable development on-reserve.

Performance Analysis and Lessons Learned

In 2012–2013, AANDC initiated the development of a departmental Environmental Management System. A draft Environmental Management System engagement framework was developed, a gap analysis was conducted and environmental components were identified in preparation to begin updating and modernizing its environmental policy framework.

As a result of significant changes to the Canadian Environmental Assessment Act, 2012, and the requirements to have a process in place to mitigate environmental impacts for non-designated projects, efforts were redirected to developing an Environmental Management Approach to respond to these changes and assess environmental impacts of projects. AANDC has worked closely with other federal authorities and key environmental regulators on the development of the Environmental Management Approach and supporting tools, and other federal lands holders have identified AANDC as a leader in this area.

A review was conducted of the performance of the Emergency Management Program Assistance during the 2011–2012 Manitoba Floods. The review suggests that AANDC more clearly define its relationships with all external stakeholders and put in place appropriate governance structures, protocols and agreements to ensure fulfillment of its responsibilities. In response to the review's findings, Emergency Management Program Assistance will: further leverage existing capital facilities and maintenance programming and develop options to reinforce emergency mitigation activities including those underway within Public Safety Canada; develop a national First Nations Emergency Management Manual on roles, responsibilities, protocols and guidelines; develop a formalized structure which will clarify the roles and responsibilities of AANDC headquarters in the decision making process during an event; coordinate the efforts of agencies and resources as they work together toward safely responding, controlling and mitigating an emergency incident; and develop a risk-based model that will support the Department and First Nations in implementing appropriate mitigation activities.

Program 3.3: Community Infrastructure

Description

This program supports First Nation communities in acquiring, constructing, owning, operating and maintaining a base of infrastructure that protects their health and safety and enables their engagement in the economy. This program provides funding and advice to support housing, capacity building and community infrastructure, including water and wastewater systems, education facilities, roads and bridges, electrification, and community buildings. Ultimately, this program enables First Nations to participate more fully in the Canadian economy by establishing a base of safe infrastructure that meets established standards, and a housing infrastructure that meets the needs of First Nation communities.

Performance Analysis and Lessons Learned

As of March 31, 2013, Bill S-8, the Safe Drinking Water for First Nations Act, was in Second Reading in Parliament. Bill S-8 received Royal Assent in June 2013. The Atlantic Policy Congress is developing proposed technical benchmarks which could be used as a model by other Regions to develop regulatory regimes for water and wastewater. AANDC continues to build and maintain strong relationships with partners and key stakeholders.

AANDC is delivering on Canada's Economic Action Plan 2012 announcement to invest $175 million over three years to improve access to quality education facilities for First Nations. To date, these funds have supported 12 school projects and a Public Private Partnership business case.

To reduce the burden of First Nation recipient reporting, AANDC has reduced the number of data collection instruments for the Capital Facilities and Maintenance Program from 17 to five. In response to the Internal Audit Report of Water and Wastewater Infrastructure, AANDC has improved Annual Performance Inspection guidelines towards standardizing inspection processes, producing consistent data, and strategically targeting funding. AANDC has also refined school inspection processes, and produced new School Design Standards and Guide. The resulting School Assessment Module is being integrated into the existing Asset Condition Reporting System.

Current procurement guidance documentation for First Nations provides only one example of a procurement model, which may have impaired the use of alternative servicing solutions in broader segments of the industry. The Canada-Ontario Drinking Water Initiative offered an opportunity to explore other models. Preliminary results suggest the projects carried out under such models incur significantly lower initial capital costs than traditional procurement. AANDC will revise its procurement guidance documents to provide broader options to First Nations.

Sub-Program 3.3.1: Water and Wastewater Infrastructure

Description

This sub-program supports the provision of funding for the planning, design, construction, acquisition, operation and maintenance of infrastructure facilities, including: community water supply, treatment and distribution systems; and community wastewater collection, treatment and disposal systems. It includes the provision of funding for: coordination, training and capacity building for activities related to water and wastewater facilities; identification of on-reserve water and wastewater infrastructure needs; development of water and wastewater infrastructure capital plans; and the design, and ongoing implementation of water and wastewater facilities maintenance management practices. The goal is to support First Nations in meeting health and safety standards and providing their residents with similar levels of service to off-reserve communities. First Nations identify their priorities and needs and present project proposals to the Department. Grants and contribution funding is provided for projects based on a priority assessment.

Performance Analysis and Lessons Learned

In 2012–2013, AANDC invested $302.5 million to support water and wastewater infrastructure on reserve through: enhanced capacity building and operator training, enforceable standards and protocols, and infrastructure investments. Although risk levels have improved since the 2009–2011 National Assessment of First Nations Water and Wastewater Systems, more needs to be done.

In 2012–2013, new Minimum Program Requirements for the Circuit Rider Training Program (CRTP) were developed to standardize the delivery of on-site, hands-on training and mentoring for on-reserve water and wastewater system operators. AANDC invests approximately $10 million annually to support the CRTP.

As of March 31, 2013, Bill S-8, the Safe Drinking Water for First Nations Act, was in Second Reading in Parliament. Bill S-8 received Royal Assent in June 2013. The Government of Canada will now work together with First Nations to develop proposals for regulations. With support from AANDC, the Atlantic Policy Congress has been developing an Atlantic Protocol with proposed technical benchmarks based on existing regulations governing drinking water, wastewater, and protection of sources of drinking water in the Atlantic Provinces, which could form the basis for regulatory regimes in other Regions.

Procurement and construction was initiated for four systems under the five-year Canada-Ontario First Nations Drinking Water Initiative in fiscal 2012–2013. The use of alternative procurement methods and of a collaborative project management governance model has resulted in greater competitiveness, lowers costs and a wider range of technologies available to First Nations.

The Internal Audit Report of Water and Wastewater Infrastructure conducted in 2012–2013 found inconsistencies in the annual inspection process carried out on First Nation water and wastewater systems. In response, AANDC issued new Annual Performance Inspections guidelines to improve consistency in data collection and reporting.

Sub-Program 3.3.2: Education Facilities

Description

This sub-program supports the provision of funding for the planning, design, construction/ acquisition, renovation, repair, replacement, operation and maintenance of federally- or band-operated elementary/secondary education facilities (including school buildings, teacherages^{Footnote 12} and student residences), and any related facility services. This includes the identification and acquisition of necessary land rights. This sub-program supports the provision of funding for the acquisition, replacement, and repair of furniture, equipment and furnishing for federally- and band-operated schools, teacherages and student residences and for the identification of education facility needs, the development of education facility plans and the design and ongoing implementation of maintenance management practices. It also supports the provision of funding for agreements with provincial school boards for the planning, design, construction and acquisition of facilities, for the elementary/secondary education of Indian children.

Performance Analysis and Lessons Learned

To improve First Nations' access to quality education facilities, AANDC has delivered the first year of a three year commitment, announced as part of Canada's Economic Action Plan 2012, to invest $175 million for this objective by building and renovating schools on-reserve, and by exploring new ways to deliver infrastructure. Approximately $25 million was expended in 2012–2013 to support 12 school projects and to evaluate a Public Private Partnership project. As of March 31, 2013, one new school is open, and another has begun construction. Two more are preparing for construction in 2013–2014, and four school projects will enter the design phase. Four additional school projects were selected for funding under the innovation envelope.

The School Assessment Module is being integrated into the existing Asset Condition Reporting System and will standardize inspection processes. New AANDC School Design Standards and Guide will streamline project management and funding for education facilities to reduce the costs of constructing new schools, and will help the Department and First Nations improve education outcomes.

Canada's Economic Action Plan 2012 has enabled the Department to further explore Public Private Partnerships and alternative approaches to constructing schools on-reserve. The development and implementation of the innovation envelope has received encouraging interest from First Nation communities to use innovative mechanisms to finance, procure, design and construct school projects.

The process to develop a Public Private Partnership project differs from traditional procurement and requires a significant amount of preparatory work. Communities must be made aware of these additional steps so that they are not viewed as unnecessary delays. Accordingly, additional resources were used to inform community decision makers on the Public Private Partnership procurement process. When developing future Public Private Partnership projects, community information sessions will be held earlier in the process.

Sub-Program 3.3.3: Housing

Description

This sub-program supports the provision of funding for the planning, design, construction and acquisition of new housing units and renovation of existing housing units. Housing units include single units, multi-units, mobile homes, as well as "special needs" housing such as homes for the elderly, group homes, and homes for people who require assisted living but not medical care. This sub-program also supports the provision of funding for housing related activities such as operation and maintenance, inspection, and management of housing programs.

Performance Analysis and Lessons Learned

While the provision and management of housing on reserve lands is the responsibility of First Nations, the Government of Canada invests an average of $290 million in on-reserve housing each year: $155 million from Aboriginal Affairs and Northern Development Canada and $135 million from Canada Mortgage and Housing Corporation (CMHC). In 2012–2013, AANDC funded several research papers and information sessions. AANDC and First Nations members and organizations collaborated and worked in partnership towards the common goal of improving housing outcomes on-reserve.

In May 2012, AANDC hired a research group to identify strategies to enable First Nations to achieve better housing outcomes. A two day workshop was held in Ottawa with a panel of twelve First Nations housing experts from First Nation communities and organizations. The $94,522 contract covered the cost of the session, and a report which identifies factors impacting the state of First Nations housing.

On January 22–23, 2013, fourteen First Nations and housing subject matter experts gathered for a session facilitated by the First Nations Building Officers Association to identify concrete actions to obtain better housing outcomes.

An audit of AANDC Housing program in June 2012, identified areas where management controls, practices and processes could be improved. One area noted was the Ministerial Loan Guarantee program in consultation with Canada Mortgage and Housing Corporation. As a result of these recommendations, AANDC and the Canada Mortgage and Housing Corporation recently signed an information-sharing Memorandum of Understanding. They will utilize the information to more effectively align program activities with community needs, management controls, and support First Nations in areas where they require greater capacity building assistance.

Sub-Program 3.3.4: Community Infrastructure Assets and Facilities

Description

This sub-program supports the provision of funding for the planning, design, construction, acquisition, operation and maintenance of community infrastructure assets and facilities. It also supports the provision of funding for coordination, training and capacity building for activities related to community infrastructure assets and facilities. The goal is to support First Nations in meeting health and safety standards and providing their residents with similar levels of service to off-reserve communities. Delivery of the sub-program is devolved to First Nations, in support of AANDC's policy of devolution of responsibilities to First Nations. First Nations identify their priorities and needs and present project proposals to the Department. Grants and contributions funding is provided for projects based on a priority assessment.

Performance Analysis and Lessons Learned

Under the Canadian Environmental Protection Act, 1999, the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations require the immediate temporary removal from service of any leaking tanks. While First Nations are responsible for the compliance of their fuel tanks, AANDC offers financial assistance to bring into compliance fuel tanks associated with community infrastructure. Since April 2011, $39.6 million has been invested and 354 tanks have been made compliance-ready. The program is on track for all 750 high-priority tanks to be compliant by 2016.

AANDC's annual investments in fire protection help support healthy and safe First Nation communities, while helping to protect federal investments in First Nations infrastructure. In 2012–2013, AANDC examined First Nations' use of insurance, partnered with Kidde Canada for a smoke detector distribution campaign, and changed its method of collecting fire loss data to reduce the reporting burden for First Nations. AANDC contributed $30.6 million in 2012–2013 towards fire protection in First Nation communities for the operation and maintenance of fire departments, acquisition of firefighting equipment, firefighter training, and fire education initiatives.

Connectivity is essential to support Aboriginal online services such as e-commerce, e-learning, remote banking, e-health and online program reporting. From 2009 to 2013, AANDC has invested approximately $45 million, leveraging approximately $150 million with other federal departments, provinces, private sectors and First Nations organizations, resulting in 274 First Nation communities receiving improved services.

Sound roads and bridges are essential elements of community infrastructure. In 2012–2013, AANDC invested over $72 million in building and maintaining roads and bridges in First Nation communities, including $21.1 million for projects funded through the First Nations Infrastructure Fund (FNIF).

Connectivity projects are complex, and AANDC needs to continue supporting stronger First Nations proposals for rural broadband programs. The Department must continue to increase First Nations capacity, by continuing to work with National and Regional First Nations Organizations, to produce connectivity studies and to organize national workshops.

Sub-Program 3.3.5: Renewable Energy and Energy Efficiency

Description

The ecoENERGY for Aboriginal and Northern Communities Program supports Aboriginal and northern communities, including off-grid communities, to reduce greenhouse gas emissions through the integration of proven renewable energy technologies such as residual heat recovery, biomass, geothermal, wind, solar and small hydro. The program provides funding support for the design and construction of renewable energy projects integrated with community buildings, and for the feasibility stages of larger renewable energy projects.

Performance Analysis and Lessons Learned

In 2012–2013, the ecoENERGY for Aboriginal and Northern Communities Program (EANCP) utilized its financial and non-financial resources to deliver the following highlights.

The program received 110 proposals in 2012–2013, of which 39 were provided funding support. These projects were located in 39 different communities, 13 of which were off-grid communities and 20 communities that had not previously received funding from the EANCP. Projects funded in 2011–2012 and 2012–2013 are expected to result in a 2.4 megatonne reduction of greenhouse gas emissions over the course of the projects.

Included in the 39 proposals selected were five community projects in the Northwest Territories (NWT) (four biomass and one solar PV), which are expected to eliminate 103 kilotonnes of greenhouse gas emissions over the course of their lifetimes. The projects funded in the NWT are an example of how the Program collaborates with territorial governments to increase the uptake of renewable energy technologies in the North. Enhanced collaboration within the Department has allowed proposed projects to access the most appropriate AANDC funding sources. External collaboration led to the identification of new projects, better alignment of deliverables and multi-stakeholder discussions in Nunavut.

A key challenge facing the program is over-subscription. As a result, the program worked to support projects that will have the greatest impact on the community, in terms of project viability, relative levels of green house gas reductions and in fostering future reduction efforts.

In previous years, funds flowed to communities late in the year despite efficient proposal management processes. For 2012–2013, the program moved forward its application window, in order to provide funds to communities earlier in the fiscal year. Further adjustments in 2013–2014 are expected to enable communities to spend program funds more efficiently, achieving better project and overall program results.

Program 4.1: Northern Governance and People

Description

This program strengthens the North's communities and people by devolving to the governments of the North, province-like responsibilities for land and natural resources; by fostering effective intergovernmental relations with territorial governments and providing support to Territorial Commissioners; by reducing the costs of nutritious perishable foods and other essential items in isolated Northern communities; by providing grants for hospital and physician services in Nunavut and the Northwest Territories; by working with Northern communities to identify the risks and challenges posed by climate change and by advancing interests of Canadians and Northerners through circumpolar forums. Canadians and Northerners will benefit with territorial governments ultimately having more control over their own affairs.

Performance Analysis and Lessons Learned

AANDC continued to advance devolution of land and resource management in the Northwest Territories and in Nunavut.

Building on the signing of the 2011 Northwest Territories Lands and Resources Devolution Agreement-in-Principle, negotiations continued towards concluding a Final Devolution Agreement. Consensus of all parties on a final draft agreement was reached in March 2013, and the agreement was made available to the public and Aboriginal groups as part of both public and section 35 consultation efforts.

In May 2012, a Chief Federal Negotiator for Nunavut devolution was appointed. During 2012–2013, he met with the Government of Nunavut and Nunavut Tunngavik Incorporated, as well as other territorial stakeholders to identify the next steps required to advance negotiations.

Yukon devolution was completed in 2003 and has helped inform and guide the Department for similar processes in the Northwest Territories and in Nunavut. Negotiations to transfer "provincial-like" responsibility for land and resource management has been conducted according to a five-phase process in the Northwest Territories and it can be anticipated that a similar process will be followed in Nunavut (protocol, agreement in principle, final agreement, legislation and implementation).

The Department supported northern communities as well as food suppliers and retailers to carry out the transition of Nutrition North Canada — the Government's food subsidy program for isolated northern communities. Nutrition North Canada enabled supply chain efficiencies that contributed to an 8% decrease of the cost of the Revised Northern Food Basket in fully eligible communities. As a result, healthy food purchased in these communities increased to 311 kg per capita in 2012–2013.

AANDC worked closely with the Nutrition North Canada Advisory Board, which represents the perspectives and interests of northern residents and communities and provides advice to the Minister on the management of the Program. In 2012–2013, three successful Advisory Board meetings, including two public sessions were held and the First Report of the Board26 for the period February 2011 to March 2012 was released in both official languages.

Sub-Program 4.1.1: Political Development and Intergovernmental Relations

Description

This sub-program facilitates the growth of strong, effective and efficient government structures in the North. The devolution of province-like responsibilities for land and resource management will strengthen northern governance. Support for legislation and policy initiatives, the advancement of intergovernmental processes, the appointment of Territorial Commissioners and general federal–territorial relationships are also supported by this sub-program. Additionally, the interests of Canadians are reflected in circumpolar cooperation activities. Also, grants are provided to Territorial Governments for hospital and physician services.

Performance Analysis and Lessons Learned

Negotiations continued for a Final Devolution Agreement after the signing of the 2011 Northwest Territories Lands and Resources Devolution Agreement-in-Principle. Consensus of all parties on a final draft agreement was reached in March 2013, and the agreement was made available to the public and Aboriginal groups as part of both public and section 35 consultation efforts.

Based on experience from the Yukon, the Department has developed a rigorous implementation plan necessary to advance to phases four and five in the Northwest Territories. The legal obligation for the Crown to undertake section 35 consultations emerged after Yukon Devolution was completed and the Department has implemented an approach to meet this obligation by completing section 35 consultations prior to a Final Devolution Agreement.

In May 2012, a Chief Federal Negotiator for Nunavut devolution was appointed. During 2012–2013, he met with the Government of Nunavut and Nunavut Tunngavik Incorporated, as well as other territorial stakeholders to identify the next steps required to advance negotiations and to examine how land and resource management capacity can be improved in Nunavut.

In 2012–2013, AANDC provided policy advice and organizational support to Canada's senior arctic officials for two meetings in Sweden in November 2012, and in March 2013. In collaboration with the Department of Foreign Affairs and International Trade, AANDC participated in the consultative process and planning for Canada's Arctic Council Chairmanship, and the preparation for the May 2013 Ministerial meeting in Kiruna, Sweden. The Department also led Canada's delegation to the March 17th Arctic Council Sustainable Development Working Group to finalize deliverables for Sweden's chairmanship.

Under the AANDC's Memorandum of Understanding with the Ministry of Regional Development of the Russian Federation, the Department contributed to the strengthening of cultural and linguistic ties between the Arctic Athabaskan Council and the Ket of Krasnoyarsk, as well as between Nunavut Artists and the Indigenous Artists of Yamal-Nenets Autonomous District of Russia. A Northern Panel was organized at the Canada-Russia Construction Conference in Toronto in November 2012, which served to showcase northern expertise in cold climate construction. Another roundtable was held in Toronto in March 2013, to share Canada's northern innovative, consultative and regulatory approaches on Corporate Social Responsibility.

Sub-Program 4.1.2: Nutrition North

Description

This sub-program provides increased access to perishable nutritious food in isolated northern communities through a retail subsidy. It is supported by an Advisory Board that ensures that Northerners have a direct voice in the program. Eligible northern communities will benefit from improved access to healthy food.

Performance Analysis and Lessons Learned

The Department implemented the streamlined Subsidized Foods list, which focuses on perishable healthy foods. Nutrition North Canada subsidized 23.5 million kilograms of nutritious food shipped to isolated northern communities. Approximately 25% of this volume consisted of perishable vegetables and fruits, 21% was milk and other dairy products, 17% was fresh and frozen meat, poultry, and fish, and 11% was perishable grain products.

The program follows a market-driven model which is a sustainable, efficient, cost-effective and transparent means of helping Northerners access nutritious perishable food. Ongoing supply chain efficiency gains by retailers have enabled program dollars to go further. As a result, the cost of a healthy food basket in eligible communities has dropped an average of 8% since the implementation of Nutrition North Canada.

With the implementation of the Subsidized Foods list October 1, 2012, the Department completed an 18-month transition period from the Food Mail program. One of the lessons learned during that change period was the critical importance of public engagement and data access.

Insufficient data collection, transparency, communication and stakeholder relations were some of the issues associated with the former Food Mail program that the Department needed to address while moving forward. Active engagement between Nutrition North Canada and clients/stakeholders enhanced both the design and the delivery of the program. Notably, the creation of the northern-based Nutrition North Canada Advisory Board has provided an ongoing engagement vehicle for Northerners, stakeholders and experts. In 2012–2013, three Advisory Board meetings, including two public sessions in eligible Nutrition North Canada communities, were held in Norman Wells, NWT (June 2012), in Goose Bay–Happy Valley and Nain, Labrador (November 2012) and in Winnipeg (February 2013). The First Report of the Advisory Board for the period February 2011 to March 2012 was released in May 2013 on the Nutrition North Canada website in both official languages.

In 2012–2013, the Department launched the Nutrition North Canada Facebook page, providing a direct link between the program and the public.

Sub-Program 4.1.3: Climate Change Adaptation

Description

This sub-program provides funding support to Aboriginal and northern communities, governments and organizations to assess vulnerabilities to climate change, develop adaptation plans, and develop related information and tools. The program builds capacity at the community level and develops partnerships with territorial governments to address broad northern issues. The assessment of climate change impacts and adaptation planning enhances community resilience and facilitates the integration of climate change considerations into decision making.

Performance Analysis and Lessons Learned

The program supports Aboriginal and northern partners to build awareness of climate change impacts and develop adaptation measures. The Climate Change Adaptation Program (CCAP) funded 43 community and regional projects supporting development of vulnerability assessments, adaptation planning, tools/methods and best practices for assessment and planning, and knowledge dissemination. Nineteen of the projects involved 45 Aboriginal and northern communities and two projects addressed climate change at a regional scale.

The program provides up to $500,000 per year to each territorial government over 4 years. This funding will support communities to manage climate change related risks including territory specific and pan-arctic impacts, such as terrain mapping, pine beetle outbreak, and permafrost degradation. In 2012–2013, 22 of the 43 projects were completed under these funding agreements.

Through the Northern Infrastructure Standardization Initiative, CCAP supported pan-Northern consultation, decision making and technical expert committees engaged in the development of infrastructure standards which consider impacts on thermosyphons^{Footnote 13}, community drainage, permafrost on existing foundations and snow loading on roofs. The standards are expected to be completed in 2015–2016.

A key challenge for CCAP in 2012–2013 was oversubscription. It received 152 letters of interest and funded 21 community projects. This reflects a growing interest in addressing climate change impacts, however, it also presents a challenge to clearly identify communities that are particularly vulnerable to climate change, effectively build capacity, engage the community and provide meaningful information for decision makers. To better manage expectations, the program further defined project eligibility criteria to align with departmental mandates for the 2013–2014 funding year. CCAP is also testing climate impact costing methodologies and mapping climate risks in an effort to better understand regional and community level vulnerabilities.

Program 4.2: Northern Science and Technology

Description

This program aims to support scientific research and technology in the North. Such support will aid researchers and scientists with increased access to programs and infrastructure to further research science and technology. The focus of this program is: researching and monitoring contaminants and their impacts on the ecosystem as carried out through the Northern Contaminants Program; supporting initiatives including the creation, management and dissemination of scientific data and results that contribute to informed public policy making; and supporting the work to establish the Canadian High Arctic Research Station (CHARS). Northerners and all Canadians will benefit from a knowledge base that supports health and sustainable development, and the positioning of Canada as an international leader in arctic science and technology.

Performance Analysis and Lessons Learned

The Northern Contaminants Program continued to monitor contaminant levels in wildlife and people in the Canadian North, contributing data, information and expertise to Canadian and international assessments of mercury and persistent organic pollutants, as well as to the Arctic Council's Arctic Monitoring and Assessment Programme (AMAP) and the Stockholm Convention's Global Monitoring Plan. The Northern Contaminants Program results provided the foundational science that informed the January 2013 global legally-binding treaty on Mercury, which will improve the health of arctic people and wildlife over the long-term. Nationally, the Northern Contaminants Program released a five-year assessment on mercury pollutants in the North.

The Government of Canada International Polar Year (IPY) Program concluded with the hosting of the final International IPY conference entitled "From Knowledge to Action". The conference was held in Montreal from April 22–27, 2012 and attendance exceeded expectations with over 3000 delegates from 42 countries. The final "IPY Canada Science Report", was also released at the conference. This report provides a synthesis of scientific results from over 100 authors that contributed to Canada's IPY Program. The conference and release of the synthesis report were the final deliverables from the International Polar Year Program and ensures that Canadians and Northerners benefit from the program's findings.

During the period 2012–2013, AANDC's project team for the Canadian High Arctic Research Station has been developing the Science and Technology program as well as the infrastructure requirements for the Station. This was done in consultation with stakeholders including the Cambridge Bay community, in order to create opportunities for greater prosperity and well-being of the people and communities of the North.

Sub-Program 4.2.1: Northern Contaminants

Description

This sub-program engages Northerners and world-class Canadian scientists in research and monitoring of long-range contaminants in the Canadian Arctic. The health and well-being of all Northerners is augmented as northern people consume traditional/country foods based in part on information and advice made possible by this sub-program. The sub-program has international influence as a leader in the Arctic Council — Arctic Monitoring and Assessment Programme, and is a key contributor of scientific data to international agreements, such as the United Nations Environment Program Stockholm Convention, and helps to position Canada as an international leader in arctic science. The Northern Contaminants sub-program generated data is used to assess ecosystem and human health, and the results of these assessments are used to influence policy that results in action to eliminate contaminants from long-range sources. This action ensures the safety and security of traditional country foods that are important to the health of Northerners and Northern communities.

Performance Analysis and Lessons Learned

The Northern Contaminants Program continued to make significant progress towards achieving its targets in 2012–2013. Concentrations of the original 12 persistent organic pollutants listed in the Stockholm Convention have decreased in arctic wildlife between 5% and 90% since 1990. Ten new pollutants were added to the Stockholm Convention since 2009 and some are starting to stabilize in recent years. Mercury concentrations have been highly variable, most showing an increasing trend since 1990. The Northern Contaminants Program released a five-year assessment on mercury pollutants in Canada's North.

The program's results provided the foundational science that informed the January 2013 global legally-binding treaty on Mercury, which will lead to decreasing levels of mercury and improve the health of arctic people and wildlife over the long-term.

This program underwent an evaluation by the Department in 2012–2013. The evaluation concluded that the program is recognized in Canada and internationally for its emphasis on strong partnerships, involving Northerners in research, for integrating traditional knowledge and for its emphasis on providing clear and consistent direction over the past 20 years. The evaluation recommended that the program needed to improve some elements of its communication plan to further engage with Northerners. In response to these recommendations, the program completed a Communications Strategy, established a Risk Communications Subcommittee that will determine best practises for communicating northern health advisories in a clear and culturally sensitive way, and is in the process of enhancing its web presence to foster better information sharing and collaboration with the public and program partners.

Sub-Program 4.2.2: Science Initiatives

Description

This sub-program works to position Canada as a leader in arctic science. These initiatives work to: increase the capacity of Northerners and Canadians to engage in, direct, undertake and use arctic science and technology; provide improved research facilities for the North, including a High Arctic Research Station; and the conclusion of Canada's prominent role in International Polar Year.

Performance Analysis and Lessons Learned

There were a number of significant advancements in the Canadian High Arctic Research Station. In 2012, the Prime Minister announced a new investment in the next phases of CHARS. The winning bidder for the design of the station was also announced. In early 2013, it was announced that the Canadian High Arctic Research Station will be built on the plateau site in Cambridge Bay, Nunavut. Advice was sought from the CHARS' Advisory Panel on the proposed CHARS' Science and Technology program. Work was undertaken to define the infrastructure requirements to influence design, including consultations with the community of Cambridge Bay and other stakeholders. Partnerships continued to be developed with key national and international stakeholders from Aboriginal organizations, academia, government and industry. These will inform the development of terms and conditions for partnerships for the use of the CHARS facility and for services to be provided by key stakeholders.

The International Polar Year Conference, entitled "From Knowledge to Action" was held April 22–27, 2012. The goal of the conference was to present IPY findings and encourage discussions on how this new knowledge can be used to advance arctic issues, such as northern Aboriginal health, reduction in sea-ice and marine safety, permafrost and northern infrastructure, and climate change impacts and adaptation. This conference exceeded expectations with over 3000 delegates in attendance from 42 countries. The International Polar Year Canada Science Report, a synthesis of scientific results from over 100 authors, was released as a special issue of the journal Climatic Change (vol. 115, No. 1, Nov. 2012).

Although the IPY Program has concluded, the recommendations of the evaluation conducted in 2012 will help guide the Government of Canada's development of future science programs. The Department will take into consideration: the IPY research findings to inform the development of the science and technology program at CHARS; build on successful northern engagement initiatives developed during IPY and through the Northern Contaminants Program; take into account challenges expressed by Northerners regarding the accessibility of IPY funding; and maintain a role in the governance of the Canadian Polar Data Network (formerly the IPY Data Assembly Network), as appropriate, to support CHARS over the long-term.

Program 4.3: Northern Land, Resources and Environmental Management

Description

This program focuses on the management, sustainable development and regulatory oversight of the land, water, natural resources, and environment of the North, delivering on the Department's role as the Government of Canada's natural resource manager north of 60°. This program involves: managing oil and gas resources development; supporting the sustainable management of active mineral exploration and development; supporting the sound management of contaminated sites and of land and water in the North; and ensuring the identification of territorial land use zones for conservation, development and other uses. Northerners and Canadians will benefit from economic opportunities and sustainable development.

Performance Analysis and Lessons Learned

In November 2012, Bill C-47, the Northern Jobs and Growth Act was introduced in Parliament. This Bill establishes the Northwest Territories Surface Rights Board, providing a single process for dispute resolution between land owners who have not been able to reach a negotiated access agreement; establishes the Nunavut Planning and Project Assessment Act, defining land use planning and project assessment processes in Nunavut; and amends the Yukon Surface Rights Board Act. The Bill was developed with significant input from Aboriginal groups, territorial governments, and institutes of public government.

In regards to increasing certainty and predictability in the North, to facilitate increased investment in resource development projects, Canada's proposal for further legislative changes to improve the regulatory system in the North was announced on November 2, 2012. Further improvements are contemplated for the Mackenzie Valley Resource Management Act, the Territorial Lands Act, the Northwest Territories Waters Act, the Yukon Environmental and Socio-economic Assessment Act, and the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

The Department continued to improve environmental assessment timelines. Through policy and procedural improvements, AANDC was successful in meeting or exceeding Ministerial decision time targets for the Back River, Hope Bay, and Mary River projects in Nunavut, and the Canadian Zinc Project in the Northwest Territories.

AANDC continued to work with its partners to implement the Northwest Territories Cumulative Impact Monitoring Program and the Nunavut General Monitoring Plan to improve the level of understanding of environmental and socio-economic change in the North. This improved understanding will ultimately lead to more informed decisions about resource management, development activities, and sustainable development.

To support improved sustainable development and regulatory oversight in the North, the Department provides contribution funding to assist Aboriginal governments and organizational participation in consultation processes. In the past, separate contribution agreements were developed for each consultation process. This created overlap and duplication for the Department and for Aboriginal organizations. For 2013–2014, funding assistance for consultation processes will be bundled, requiring fewer agreements, resulting in less of a reporting burden for Aboriginal groups.

Sub-Program 4.3.1: Oil and Gas

Description

This sub-program manages the oil and gas resource interests of Northerners, Aboriginals and Canadians generally on federal lands in the Northwest Territories, Nunavut and in the northern offshore. This is accomplished through the issuance of Calls for Nominations and Calls for Bids for new exploration rights and the establishment and administration of the terms and conditions of exploration, significant discovery and production licences. Additionally the sub-program reviews and approves benefits plans, collects royalties, and maintains a rights registry that is open to the public. Among the projects pertaining to this sub-program, the program also manages the Department's federal lead responsibility for the Mackenzie Gas Project.

Performance Analysis and Lessons Learned

At the end of 2012, the five-year rolling average of hectares under licence for oil and gas exploration in the Canadian North was 3,862,585. This past year saw further acquisition of exploration licences in the central Mackenzie Valley. Further north, the recognized potential for additional discoveries of petroleum in the Mackenzie Delta and the Beaufort Sea continued to attract interest. Companies acquired several new exploration licences and some companies entered into partnerships with others that already hold licences in the Beaufort Sea. New exploration interest was expressed for the first time in an area west of Banks Island, northeast of the focus of current Beaufort Sea activity. In the central Mackenzie Valley, two new exploration licences were issued, covering more than 150,000 hectares for a total work commitment of $92 million. In the Beaufort Sea, six offshore exploration licences covering more than 900,000 hectares were awarded, for a total work commitment expenditure of $7.5 million.

Supporting knowledge-based regulatory decisions for oil and gas activities, AANDC successfully implemented the second year of the Beaufort Regional Environmental Assessment initiative: 23 research projects have been funded ($5.3 million). A Beaufort Regional Environmental Assessment Results Forum was held in Inuvik, demonstrating Inuvialuit engagement and support.

AANDC has played an important role in the Arctic Council Task Force which developed an Agreement on Cooperation on Marine Pollution Preparedness and Response in the Arctic, providing for mutual aid by Arctic States in the event of an oil pollution incident that exceeds one nation's capacity to respond.

The program identified a need for pro-active preparation of stakeholders to increase their confidence in the regulatory regime in the North. This led to an increased emphasis on planning, applied research and analysis, consultation, and awareness building to ensure due consideration of environmental, socio-cultural and economic issues in all regions subject to rights issuance.

Sub-Program 4.3.2: Mines and Minerals

Description

This sub-program manages the mines and mineral resource interests of Northerners, Aboriginals and Canadians generally on federal lands in the Northwest Territories, Nunavut and in the northern offshore. This is accomplished through the administration of a mineral tenure system, the assessment and collection of Crown royalties, participation in environmental assessment of northern mining projects, mineral resource assessment and land use planning, and the promotion of Aboriginal participation in mining.

Performance Analysis and Lessons Learned

This program utilized the same levels of financial and human resources as in the previous fiscal year. The small variances are primarily due to unforeseeable operational needs such as coordination and assistance in the transfer of ownership of diamond mines, associated regulatory instruments, environmental agreements and securities.

Despite falling commodity prices and a slowdown in global exploration activity, prospection activities continued in the Northwest Territories and Nunavut and represented 14.3% of the national total.

The implementation of the online map selection system for mineral claims in Nunavut progressed through standard system development stages, including the successful installation of the MINERS database and the completion of the first trial of data migration to the new system. With the implementation of this on-line project, AANDC is modernizing the way that mineral claims are acquired in Nunavut, allowing licence holders to acquire mineral rights using a web-based system.

The federal diamond valuation process and royalty audit function completed 10 diamond valuations and 5 audits in order to ensure that the $67 million in Crown royalties collected by AANDC represented the full amount due.

A draft of the regulatory submission was finalized for the modernization and separation of the Northwest Territories and Nunavut Mining Regulations. The Regulatory Impact Analysis Statement and corresponding Regulatory Cost Calculator were completed. This, along with a detailed identification of all proposed changes and their impact to stakeholders represents a major milestone for this regulatory project.

As the program progressed through the various stages of the regulatory modernization project, it was determined that it would be timelier and more cost efficient to run the Regulatory Impact Analysis Statement and Regulatory Cost Calculator earlier in the regulatory amendment process. This lesson will be applied to the upcoming amendments needed for the Northwest Territories and Nunavut Mining Regulations that will introduce online mineral claim staking.

Sub-Program 4.3.3: Contaminated Sites

Description

This sub-program ensures that contaminated sites are managed to ensure the protection of human health and safety as well as the environment for all Northerners by assessing and remediating contaminated sites and supporting the employment and training of Northerners, particularly Aboriginals.

Performance Analysis and Lessons Learned

The Northern Contaminated Sites Program completed work on over 75 sites across the three territories. Of the 75 sites, over 45% of them were in step 8 (implementation) through step 10 (monitoring) of the Federal Contaminated Sites Action Plan 10-step process. Two Distant Early Warning sites in Nunavut were remediated in 2012–2013, PIN-D Ross Point and PIN-E Cape Peel, bringing the overall total of remediated contaminated sites to 32. The program also completed the assessment of all 2,021 suspected sites one year ahead of schedule, in large part to meet obligations for the advancement of the devolution of lands and resources in the Northwest Territories.

In January 2012, AANDC entered into an agreement with Merc International Minerals Inc. whereby AANDC provided the mineral claims and leases to them in exchange for undertaking the remediation of three contaminated sites in the area for which AANDC was responsible. One of these sites, Chalco Lake, was remediated in 2012.

The Faro Mine Remediation Project developed a five-year plan which includes early remediation activities to protect human health and safety and environment at the site. Implementation of the plan will begin in 2013–2014. The project continued to advance planning for long-term remediation including engineering and regulatory preparations.

The Giant Mine Remediation Project has addressed high-risk site elements, including the deconstruction of the conveyor gallery, and completed preparations to implement plans to deconstruct the Roaster complex and stabilize the underground. Efforts also continued to improve governance of the project, including the approval of the Giant Mine Project Charter which sets out specific roles and responsibilities. Lastly, the project continued to make progress in the ongoing environmental assessment process that included public hearings in September 2012.

As part of the management of projects, AANDC conducts risk assessments annually to inform management approaches and priorities. This process has been expanded to consider broader strategic project risks for major projects in order to account for the high level of complexity, stakeholder considerations and the long duration of the projects. This approach will continue to be applied at the Giant Mine Remediation Project and will be implemented for other large scale remediation projects.

Sub-Program 4.3.4: Land and Water Management

Description

This sub-program manages the land and water interests of Northerners, Aboriginal peoples and Canadians in the Yukon, Northwest Territories and Nunavut. This is achieved through the administration of land rights, inspection and investigation services for land use permits and water licence, and the management of their securities.

Performance Analysis and Lessons Learned

The management of land and water in the North as required under policy, legislation and comprehensive land claim agreements is complex and demands a sound understanding of the operating environment. The geography of the North also plays a very large role in the way that AANDC approaches its management responsibilities. The inspection of authorizations is one of the areas where the various factors intersect, and the logistical difficulties in the North in terms of distance, weather and cost, make the inspection of all authorizations next to impossible. Therefore AANDC has adopted a risk-management approach to the inspection of authorizations that are relevant, effective and efficient in order to ensure sound management of land and water. In 2012–2013, the rate of inspections exceeded the targets set at the beginning of the planning cycle because of operational concerns that needed to be addressed during the operational phase.

Continued refinement of the risk management tool is necessary to reflect the concerns of the Department while simultaneously accounting for the changing operating environment. In order to generate more accurate inspection plans, greater attention needs to be paid to the use of the information being entered into the Risk Assessment Model.

The Department safeguards the Crown's liability through appropriate security deposits in order to respond to unforeseen environmental events. AANDC currently holds security deposits for approximately 97% of the total security requirements. The remaining amount is due to outstanding amounts owed by companies in periods of transition (between licences or activities).

The development of processes to reach decisions on the amount of security deposits to be taken by the Department needs to continue in order to ensure consistency and predictability for proponents. To ensure that the correct amount of security is obtained, AANDC needs to continually monitor the issue and is working to continually improve the internal management of securities so that it is able to respond quickly and accurately to changes in the operating environment.

Sub-Program 4.3.5: Environmental Management

Description

This sub-program manages environmental interests of Northerners, Aboriginal Peoples and Canadians in the Yukon, Northwest Territories and Nunavut. Protected areas, land use planning, environmental assessments and environmental monitoring are important and complementary pieces of AANDC's environmental management responsibilities as required by policy, legislation, and comprehensive land claims agreement obligations.

Performance Analysis and Lessons Learned

Land use plans support regulatory improvement, responsible resource development, and sound environmental management by providing certainty as to where resource development may take place and under what conditions. This improved certainty supports informed decision making, streamlines environmental assessment and regulatory permitting, and supports section 35 Aboriginal consultation requirements. In 2012–2013, AANDC advanced the completion, implementation, and periodic revision of these plans by coordinating federal analysis and input to the designated planning bodies (the Sahtu Land Use Planning Board, the Gwich'in Land Use Planning Board and the Nunavut Planning Commission).

The fiscal 2012–2013 period represented the last year of dedicated funding for AANDC (and Environment Canada) to assist with the finalization of candidate areas' assessment work and working groups' recommendation reports under the Northwest Territories Protected Areas Strategy. The assessment work, including mineral fieldwork and analysis for all five sites (Edéhzhíe, Ramparts, Sambaa K'e, Ka'a'gee Tu and Kwets'ootl'aa candidate areas) is complete and recommendation reports for boundary and subsurface disposition have been completed for the Edéhzhíe and Ramparts sites. Limited investments in the next year or two should deliver additional results such as the finalization of all working group recommendation reports for all candidate areas and the establishment of some sites as National Wildlife Areas.

One of the six candidate National Wildlife Areas, Shùhtagot'ine Néné, is no longer a candidate site under the Northwest Territories Protected Areas Strategy. Environment Canada officially withdrew its sponsorship based upon a request from the community.

The Northwest Territories Cumulative Impact Monitoring Program and the Nunavut General Monitoring Plan continued to be fully implemented through established governance structures and collaborative arrangements with key monitoring partners. Monitoring projects are guided by established priorities and results are designed to meet the needs of resource decision makers. Since funding began in 2010, 86 projects have been funded by the Cumulative Impact Monitoring Program (11 projects in 2010–2011, 44 projects in 2011–2012, and 31 projects in 2012–2013) and 38 by the Nunavut General Monitoring Plan (4 projects in 2010–2011, 19 projects in 2011–2012, and 15 projects in 2012–2013).

Program 5.1: Urban Aboriginal Strategy

Description

This program supports the self-reliance of urban Aboriginal people, and their participation in the economy. It aims to enhance the knowledge, skills and capacity of urban Aboriginal people to pursue social and economic opportunities; and it provides a vehicle by which the federal government can work with other governments, community organizations and Aboriginal people to support (financially and through other means) projects that respond to local priorities. The Strategy enhances the federal government's ability to align expenditures directed toward urban Aboriginal people in key centres. Ultimately, the self-reliance of urban Aboriginal people, and their participation in the economy, will help strengthen Canada's economy as a whole.

Performance Analysis and Lessons Learned

Working in partnership with all levels of government and urban Aboriginal communities at the local, regional and national level $9.48 million was invested by AANDC and $15.9 million was attracted from other federal, provincial, municipal, private and other sponsors for 148 community driven projects. These projects were aimed at increasing economic participation of urban Aboriginal people by supporting local priorities such as Aboriginal youth, transitional support services, educational and wrap-around supports. A key lesson learned is that flexibility to tailor partnerships with provinces at the regional level (while maintaining local priority setting and planning) creates opportunities for policy, program and resource alignment that are more effective in the urban context in that respective region, thereby improving outcomes.

While AANDC continued to partner horizontally with other federal departments, a key lesson learned was that aligning investments in funding specific initiatives is helpful to communities, however better outcomes can be achieved when federal departments across the government focus on collaborative program implementation plans.

Exploring additional opportunities for partnerships with provinces at the regional level also assisted in building the capacity of urban Aboriginal communities. It advanced the community committee process from local calls for proposals to the consideration of targeted initiatives that include increased investment from other levels of government. For example, in British Columbia, AANDC in conjunction with the province is supporting the British Columbia Off-Reserve Aboriginal Action Plan, which involved community engagement activities of urban Aboriginal communities in Vancouver, Surrey, Kelowna, Prince George and Duncan. These urban Aboriginal communities established community networks that are better able to build partnerships with various stakeholders to increase the economic participation of urban Aboriginal people.

Combined with the transfer of three urban Aboriginal programming streams to AANDC from Canadian Heritage and the lessons learned, the Department is proceeding with a review of its suite of urban programming. That review will include an engagement of stakeholders, consideration of policy approaches for addressing matters in the urban setting, potential consolidation of current urban programming and a consolidated Performance Measurement Strategy.

Program 5.2: Métis and Non-Status Indian Organizational Capacity Development

Description

This program aims to enhance the capacity, legitimacy, stability and democratic accountability of Métis and Non-Status Indian organizations (MNSI) to: represent their members; advocate within government on their key issues; and to build and expand partnerships with federal and provincial governments and with the private sector. The objective is to enhance the capacity of these organizations to find practical ways to improve the self-reliance, and social and economic conditions of Métis, Non-Status Indians and off-reserve Aboriginal people so that ultimately they can better realize their full potential within Canadian society.

Performance Analysis and Lessons Learned

On September 4, 2012, this sub-program was moved from the Office of the Federal Interlocutor to the Aboriginal External Relations Branch in the Policy and Strategic Direction Sector, as a result of the Canada's Economic Action Plan. Its focus has shifted slightly, with a greater emphasis on policy and research.

Funding was provided to the Métis National Council and the Congress of Aboriginal Peoples to work with their affiliate organizations to undertake policy development work related to long-term planning and economic self-sufficiency.

The tripartite processes in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario and Prince Edward Island along with representative off-reserve provincial and urban Aboriginal organizations are cost-shared with the provinces. A trilateral process is currently being developed in Nova Scotia. These processes provide a forum for these organizations to raise key issues, such as governance, participation in the economy, long term strategic planning, health, housing, child and family services and consultation. The forums also allow the organizations to explore collaborative and innovative ways to address those issues with both levels of government.

Program 5.3: Métis Rights Management

Description

This program aims to help reconcile Métis Aboriginal rights within the Canadian Federation in response to the 2003 Supreme Court Powley decision, which affirmed that Métis hold section 35 Aboriginal rights under the Constitution Act, 1982. The program works with representative Aboriginal organizations that have substantial Métis membership numbers to develop objectively verifiable membership systems for Métis members and harvesters in accordance with the Supreme Court's direction. Working with willing provinces and representative Métis organizations to build common understanding in respect of Métis Aboriginal rights, activities such as the support for Métis membership will assist in the reconciliation of Métis Aboriginal rights within the Canadian Federation in a collaborative and practical manner.

Performance Analysis and Lessons Learned

On September 4, 2012, this sub-program was moved from the Office of the Federal Interlocutor to the Aboriginal External Relations Branch in the Policy and Strategic Direction Sector.

The Department continued to support the development and maintenance of objectively verifiable membership systems for the Métis through work with provincial organizations and the Canadian Standards Association. The development of compatible and robust membership systems is a very complex process that requires sustained capacity and consistent application by Métis organizations in all relevant regions (Ontario, Manitoba, Saskatchewan, Alberta and British Columbia). The major focus of the work is to ensure regional organizations are building the capacity and systems in place for success.

The Department also worked with provinces to share information, lessons learned and approaches to the management of Métis rights, more specifically, with respect to the Interim Federal Guidelines, Approach to the Identification of Métis for the purposes of Federal Aboriginal Harvesting Policies.

As well, the Department collaborated with Métis organizations and provincial governments on research projects related to matters of mutual interest such as the existence of an historic Métis community in Mattawa, Ontario.