Evaluation of Indian Moneys, Estates and Treaty Annuities - Follow-up Report Status Update as of December 31, 2013

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Action Plan Implementation Status Update Report to the Evaluation, Performance Measurement and Review Committee - As of December 31, 2013

RIA

Evaluation of Indian Moneys, Estates and Treaty Annuities
Approval Date: 04-25-2013
Project Recommendations Action Plan Expected Completion Date Program Response
1. Explore the development of a workable alternative to Band Moneys that would provide First Nations access to funds in the CRF outside the constraints of the Indian Act and present proposed alternative to the Strategic Policy Committee. After exploring options regarding Indian Moneys, RIA has drafted an optional policy allowing for the transfer of all of a First Nation's current and future capital moneys pursuant to Section 64(1)(k) of the Indian Act. The policy will be finalized in 2013. December 2013 Status: Underway

Update/Rationale:
As of 31/12/2013:

  • Policy drafted.
  • Once approvals are given, AANDC will be inviting First Nations to comment on the proposed policy through the Departmental website.
  • Implementation of the policy is targeted for early in the 2014-2015 fiscal year.
AES: Substantially implemented, recommendation will be closed once the strategy has been finalized/approved.
2. Any changes to Band Moneys and alternatives, be designed to increase the transparency of Band moneys expenditures to members, better supports access to capital for economic development and promote greater self-sufficiency. The new 64(1)(k) policy will include requirements that trust arrangements provide for reporting to membership on the management of the trust. December 2013 Status: Underway

Update/Rationale:
As of 31/12/2013:

  • The draft policy includes reporting requirements to membership.
  • Once approvals are given, AANDC will be inviting First Nations to comment on the proposed policy through the Departmental website.
  • This online engagement approach aligns with the Government of Canada’s commitment to increase transparency.
  • The input gathered during the online engagement period will be used to finalize the new policy.
AES: Substantially implemented, recommendation will be closed once the strategy has been finalized/approved.
3. That AANDC revise the Manual for the Administration of Band Moneys to reflect current policy and modern practices. The new 64(1)(k) policy will include a requirement that trust arrangements have guidelines on capital encroachment.

IMETA will ensure that policies, directives and procedures are aligned with the Indian Act.		 December 2013 Status: Underway

Update/Rationale:
As of 31/12/2013:

  • Capital encroachment guidelines are included in the draft policy.
Status: Underway

Update/Rationale:
As of 31/12/2013:

  • The draft policy is aligned with the Indian Act.
  • Tools and processes (such as FAQs, fact sheets, process maps, templates and proposal criteria) are being developed to support policy implementation.
  • In addition, an update to the Manual for the Administration of Band Moneys is being drafted that will ensure that the manual better aligns with current practices and better reflects the program parameters as set out by the Indian Act. This update will be finalized and available on-line by March 31, 2014.
AES: Underway – in progress
4. Facilitate a discussion with First Nations on how to report back to members in a clear and useful manner on Band Moneys expenditures. The new 64(1)(k) policy will include requirements that trust arrangements include provisions regarding accountability and reporting to the membership for moneys expended out of the trust. December 2013 Status: Underway

Update/Rationale:
As of 31/12/2013:

  • Draft policy includes accountability and reporting requirements.
AES: Substantially implemented, recommendation will be closed once the strategy has been finalized/approved.
5. Develop policies and procedures for Living Estates to identify dependent adults and confirm AANDC jurisdiction. The Manual for the Administration of Property Pursuant to Section 51 of the Indian Act was updated and circulated in August 2012. The new edition clarifies how to determine and confirm AANDC jurisdiction. Completed  
RIA, in collaboration with regions, will pursue the development of information sharing agreements with provinces and territories with a view to clarifying jurisdictional issues and identifying dependent adults who are subject to the Minister's legislative authority. March 2014
The joint RIA-RO working group will establish a community of practice on living and decedent estates to identify implementation strategies to support the application of policies and procedures outlined in the manual on an ongoing basis. The community of practice will also be mandated to explore alternatives to the estates regime with a view to improve services to clients. Online options will be explored such as using GC Pedia, video conferencing and other available technologies. March 2014
6. Examine the appropriateness of the "administrator of last resort" policy for Living Estates. The new edition of the Manual for the Administration of Property Pursuant to Section 51 of the Indian Act provides clearer direction with respect to AANDC's responsibility to monitor the administration of property of a dependent adult when a non-departmental administrator is appointed. Completed  
The joint RIA-RO working group will assess the effectiveness and appropriateness of the policy and develop implementation strategies to guide regional officers. March 2014
The working group will also review existing agreements between various regions (Manitoba, British Columbia and Northwest Territories) and their respective Provincial Public Guardians and Trustees as well as other potential alternatives. The working group will explore the cost-effectiveness and feasibility of encouraging the development of similar agreements or alternatives nationally. March 2014
7. Examine IMETA HQ's relationship with regions in order to provide more consistent and timely support for the administration of Living Estates. Establish monthly training and information teleconferences between IMETA and regions focused on specific topics. June 2013  
The joint RIA-RO working group will review the management systems and procedures in place in each region, identify best practices and draw upon this analysis to propose additional strategies to resolve the communication gap between regions and IMETA. Timely and consistent communications will then be supported and maintained through the community of practice on living and decedent estates on an ongoing basis. March 2014
8. Ensure a standard approach to data entry into the Estates Reporting System in order to generate more reliable data for program management. IMETA is currently working with the Indian Registration System (IRS) re-development team with a view to preparing the Estates Reporting System for integration in the new IRS system. Ongoing  
The joint RIA-RO working group will identify areas requiring enhancements to enable regional officers and AANDC managers to use the Estates Reporting System as an effective case management, reporting and monitoring tool. The working group will mandate the community of practice on living and decedent estates to explore strategies to encourage a national standard approach to data entry. March 2014
9. Revisit the policy of securing assets in Decedent Estates to identify and mitigate risks such as addressing delays in the notification of death and possible policy conflicts with existing cultural practices. The joint RIA-RO working group will develop strategies to mitigate the risks related to delays of notification of death and other impediments to securing assets. March 2014  
10. Develop a strategic approach to capacity development to increase effectiveness and efficiency of Decedent Estates with appropriate measurements to monitor success. The joint RIA-RO working group will draw upon current examples of capacity building initiatives, such as the Memorandum of Understanding with the Mohawk Council of Akwesasne, and wills workshops, to explore the feasibility of developing a sustainable and accessible approach to capacity development for estates management in First Nations communities nationally. December 2013 Status: Underway

Update/Rationale:
As of 31/12/2013:

  • A RIA-RO working group has been struck and met in November 2013 to begin establishing objectives and milestones.
  • Terms of Reference have been drafted and will be reviewed and approved at the next working group meeting, to take place in February 2014.
  • Approaches to capacity building will be examined in future meetings.
AES: Underway – in progress
11. Examine the appropriateness of the "administrator of last resort" policy in the administration of Decedent Estates. The joint RIA-RO working group will engage with Land and Economic Development to assess the appropriateness of the "administrator of last resort policy" and explore strategies to ensure the proper legal distribution of the reserve land assets of an estate. March 2014  
12. Explore the feasibility of adopting and implementing the British Columbia Minimum Value Policy for Decedent Estates on a national scale. Finalize and implement the British Columbia Minimal Value Estates and Expedited Section 50 Sale policies for Decedent Estates on a national scale. Completed  
Other tools identified by and based on best regional practices are currently undergoing a risk analysis. The joint RIA-RO working group will review the outcome of this analysis and recommend strategies for implementation. March 2014
13. Revisit and revise as appropriate the Treaty Annuities Payment Experience to better serve regional needs. Since they are better placed to recruit individuals to meet their needs, regional offices will be responsible for managing the Treaty Annuity Payment Experience. A letter to the regional directors general was sent on October 19, 2012, to advise the regions that RIA will no longer be involved in the TAPE. Completed  
14. Explore options for dealing with resource shortages during the treaty payment season, including making participation in treaty events mandatory to regular duties of all Individual Affairs staff. A workshop with regions and other sectors was held in January 2012 to identify current issues with respect to the effective delivery of treaty annuities to First Nations individuals.

The joint RIA-RO working group will review and confirm key issues identified and recommend sustainable solutions as well as explore alternatives to the current service delivery model.		 March 2014  
15. Refine the TPS data collection in order to facilitate more effective program management and synchronize the TPS with the Estates Reporting System in order to improve the reliability of the data overall. IMETA has begun engaging the IRS re-development team with a view to preparing the TPS for integration in the new IRS integrated platform. Ongoing  
The joint RIA-RO working group will identify necessary improvements to better support service delivery in the regions and support management in their reporting requirements. March 2014
16. Coordinate regular forums among Indian Moneys, Estates and Treaty Annuities regional and headquarters staff to provide opportunities for information exchange, sharing of best practices and lessons learned. The joint RIA-RO working group will recommend approaches to improve the communications between IMETA and the regions. The community of practice on treaty annuity payments will be mandated to foster and maintain sustainable, timely and consistent communications. It will also promote the sharing of best practices with a view to developing standardized approaches to the administration of treaty annuity payments. March 2014  
 
 

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