Committee of the Whole appearance binder

Key Messages

• The Indian Residential Schools Settlement Agreement acknowledges a dark chapter of Canada's history with Indigenous peoples – one that should never be forgotten.
• As the Indian Residential Schools Settlement Agreement comes to its natural end, Canada remains committed to addressing the legacy of the Indian Residential Schools.
• While implementation of the Agreement is well advanced, significant work remains that needs to be addressed.
• This work will responsibly demonstrate to the Courts, survivors and Canadians that proper and due diligence has been taken to meet the obligations under the Indian Residential Schools Settlement Agreement.
• This is why we have requested funds be re-profiled to this fiscal year in order to meet our legal obligations under the Settlement Agreement.
• This would include, for example, the resolution of the remaining claims for compensation under the Agreement – including those related to Kivalliq Hall, which is a residential school that was added under the agreement in April of 2019.
• We also continue to face ongoing litigation that draws on operations and requires adequate funding to support research, Department of Justice legal advice and other related costs.
• The re-profiled funding will also assist in addressing a number of obligations related to records management and delivery of an associated Notice Program pursuant to Court Order. These include ongoing health support funding for survivors and managing terabytes of information.

Background

For over 100 years, Canada placed Indian children in residential schools until the last federally-operated school was closed in 1997. Over 150,000 children attended these residential schools. The Government of Canada received the first litigation claim for damages in 1990. By 2004, more than 14,000 individual claims and several class actions had been filed and numbers were still increasing. Following negotiations led by former Supreme Court of Canada Justice Frank Lacobucci, in 2006 the Indian Residential Schools Settlement Agreement (IRSSA) was signed by Canada, church entities, the Assembly of First Nations, Inuit Representatives, and legal counsel representing former students of Indian Residential Schools. The IRSSA resolved the largest class action in Canadian history. The goal of the IRSSA is the resolution of the legacy of Indian Residential Schools. It was approved by the Courts in nine jurisdictions across Canada as a "fair and reasonable settlement" for class members.

Five main components of the IRSSA

• Common Experience Payment (includes Personal Credits);
• Truth and Reconciliation Commission (includes Document Disclosure);
• Commemoration;
• Health Supports; and
• Independent Assessment Process (IAP)

Since the implementation of the IRSSA

• Almost 80,000 former students have received a Common Experience Payment, totalling $1.62 billion dollars as of June 30, 2019;
• Over 21,000 former students and their families were provided more than $57 million dollars to support educational opportunities;
• Over 99.9% of the 38,000 Independent Assessment Process (IAP) claims have been resolved
  • To date, approximately $3 billion in compensation has been paid to survivors
• The Truth and Reconciliation Commission issued its final report which will continue to guide the Government's reconciliation efforts; and.
• $20 million dollars in funding was set aside to fund 144 commemoration projects.

Given the advanced state of the implementation of the IRSSA, the Agreement is coming to its natural end.

Due to the sun-setting nature of the Settlement Agreement, approved funding will end as of fiscal year end 2020-2021. While it is true that the program is sun-setting, further funding is required for the next two fiscal years (this year and next) in order to adequately support staff who are impacted. This includes things like training, career counselling and relocation.

Key Messages

• The Sixties Scoop Settlement Agreement (Status Indians and Inuit) was approved by the Federal Court and Ontario Superior Court and the process has begun to compensate survivors.
• The settlement includes $500-750 million for individual compensation, $50 million to establish the Sixties Scoop Healing Foundation, $75 million in legal fees and funding for the administration of the settlement.
• We started implementing the settlement on December 18, 2018, and we are committed to ensuring those affected by the Sixties Scoop have what they need to heal.
• The funds included here are a re-profile of existing funding to support the ongoing administration of the settlement agreement.
• Per the agreement, the Government of Canada is responsible for funding the administration of the settlement, which includes funding for the third party administrator (Collectiva), the notice providers(KCC and Argyle Communication), internal departmental administration costs related to validation of claims and support to the Foundation while it is being established.
• In order to comply with the terms of the Court orders Canada is obligated to fund the ongoing administration of the settlement agreement. Failure to fund the administration of the settlement would place Canada in breach of two court orders approving the agreement and prevent survivors from receiving compensation for past harms.

If pressed on Métis/Non-Status not being included:

• We now have a settlement for Status First Nations and Inuit which represents a significant first step in resolving this historic injustice.
• We know that there are other claims that remain unresolved, including those of the Métis and non-status.
• Canada is working with our partners toward a fair and lasting resolution for all those affected by this dark chapter in Canadian history.

Background

Following a series of negotiations presided over by Federal Court Justice Michel M.J. Shore, the parties reached an Agreement-in-Principle on August 30, 2017. The proposed agreement was finalized and signed by the parties on November 30, 2017.

The Sixties Scoop settlement agreement includes:

• $500-$750M for individual compensation for Status Indian and Inuit survivors;
• Up to $50M to establish a foundation, open to all Indigenous peoples affected by the Sixties Scoop,
• Up to $75M for legal fees.
• Funding for administration costs.

In May 2018, the Federal Court of Canada approved the settlement as fair, reasonable, and in the best interest of the parties. The Federal Court also approved $37.5 million in legal fees for plaintiffs' counsel who appeared in Federal Court. In June 2018, the Ontario Superior Court of Justice approved the settlement agreement, with the exception of legal fees. In order to address the issues of legal fees in the Ontario Superior Court of Justice, the parties in both the Ontario and Federal Court actions signed an amendment to the settlement to clarify that the courts only had jurisdiction to approve the legal fees of counsel appearing before them. Subsequently, the Federal Court approved the settlement on July 27, 2019 and the Ontario Court of Justice on August 3, 2018. Legal fees were approved by the Ontario court on November 15, 2018.

December 1, 2018 marked the implementation of the settlement with the opening of the claims process, payment to the Sixties Scoop Healing Foundation and legal fees. The interim board of the Foundation is leading a national engagement to inform the activities that it will offer once completely established. Compensation for valid claims is currently targeted for spring 2020.

Métis Litigation

Since the announcement of the settlement agreement, several new claims seeking compensation for Métis peoples impacted by the Sixties Scoop have been filed. The Department and the Métis National Council continue to share information and discuss options that could inform a future settlement of this litigation.

Key Messages

• The mistreatment of Indigenous children is a tragic and shameful part of Canada's history. The Government of Canada is committed to resolving childhood claims outside of the courts, whenever possible.
• This re-profile request furthers that commitment by supporting an out-of-court settlement for 10 survivors who were sexually abused while attending a federally-operated day school in the 1960s.
• The Government is obligated to honour the terms of this settlement agreement. In doing so, we are supporting 10 day- schools survivors begin their journey towards healing.
• While the plaintiffs could have applied for compensation under the Federal Day Schools Settlement (McLean), they have chosen to proceed with the settlement through their ongoing litigation.

Background

This litigation is a multi-plaintiff day schools action filed in 2013 by eleven individuals who attended a Federal Indian Day School in the early 1960s. The plaintiffs allege that they were sexually abuse by a former teacher who was employed by the federal government.

Given the sensitive nature of the allegations and the aging plaintiffs, the department chose to fund the settlement internally. The department's offer to accept was tentatively accepted in February 2019, but withdrawn in early March 2019 following the announcement of the Federal Indian Day Schools Settlement Agreement. On March 22, 2019 Canada made a subsequent offer to plaintiffs' counsel which was accepted on March 29, 2019. The signed settlement agreement for 10 of the 11 was completed on April 2, 2019.

Given that the settlement was not signed before the end of the fiscal year, the department sought to reprofile funding for the settlement. The department opted to cash manage the settlement.

One plaintiff, did not accept Canada's settlement offer. This was due to issues that the plaintiff had with his legal counsel and due to recent memories of more severe abuse. Work is ongoing with the plaintiffs' new legal counsel to obtain information about the new allegations of abuse which will be used to support a new mandate request.

Key Messages

• The Anishinabek Nation and Canada initialed the Anishinabek Nation Governance Agreement in August 2019, marking the conclusion of negotiations on Governance.
• As a next step, Anishinabek First Nations are preparing for community consultations and approval by their members in early 2020.
• My department had funding available in 2019 to support up to 39 Anishinabek First Nations across Ontario to proceed to community ratification on this Governance Agreement.
• The ratification has been postponed to early 2020, to provide additional time for Anishinabek citizen and leadership engagement on the contents, impacts and effects of the agreement.
• To be able to continue to support the up to 39 Anishinabek First Nations to carry out ratification vote activities for their communities in the next fiscal year, we are looking to re-profile some of this funding.
• Ratification vote activities will include initiatives such as, engagement and consultation; activities carrying out the vote and analyzing the results; finalization of the agreements and organization of a signing ceremony.
• Once successfully ratified, the agreement will create the foundation for a renewed relationship between Anishinabek First Nations and Canada. The Agreement will benefit all Canadians by establishing governance structures that are democratic, transparent and accountable, and that are legitimate in the eyes of participating First Nation citizens.

Background

The Union of Ontario Indians represents 39 Ontario First Nations with a combined population of over 60,000 members.

Final Agreement negotiations on Governance began in February 2007 following the signing of the Agreement-in-Principle. The Parties successfully initialled the Governance Agreement in August 2019, marking the conclusion of negotiations on Governance. Currently, First Nations are preparing for consultation and approval of the Agreement by their members in early 2020.

The Anishinabek Nation Governance Agreement provides for First Nation law-making powers in the areas of leadership selection, citizenship, language and culture and government operations. The Agreement also provides for the establishment of the Anishinabek Nation Government.

With the successful ratification of the Education Agreement, the parties will be making best efforts to conclude the Governance Agreement. They will employ the lessons learned from the ratification experience of the Education Agreement.

Key Messages

• The objective of the Specific Claims Program is to ensure that Canada discharges its lawful obligations to First Nations through the implementation of negotiated settlement agreements, whenever possible.
• Since 2015, we have settled 125 claims with partners. We know there is more to do, and that is why we are working with partners to further improve the specific claims process.
• Budget 2019 approved the renewal and replenishment of the Specific Claims Settlement Fund as follows: $875 million for 2019-20, $1,07 billion for 2020-21 and $1,14 billion for 2021-22, for a total of $3,085 billion dollars.
• The replenishment also included reprofiling the remaining money from the period prior to 2019-20 ($8,736,056.27) for future payments and avoid a lapse of the funds, that is what is included here.
• The Specific Claims Settlement Fund is both the source for Canada's payment of compensation pursuant to negotiated settlement agreements and for financial awards made by the Tribunal.

Background

Over the course of its operation from 2009-10 to the end of fiscal year 2018-2019, $3,572,497,464.79 has been disbursed from the Specific Claims Settlement Fund to First Nations in the resolution of specific claims. The preponderance of the monies (some $3,5B) has been disbursed in accordance with 189 negotiated settlement agreements between Canada and First Nations. Of the disbursed amount, some $60M have been paid out pursuant to six compensation awards made to First Nations by the Specific Claims Tribunal.

Access to the Fund is governed by the terms and conditions of the following grant authority: GRANTS TO FIRST NATIONS TO SETTLE SPECIFIC CLAIMS NEGOTIATED BY CANADA AND/OR AWARDED BY THE SPECIFIC CLAIMS TRIBUNAL, AND TO INDIGENOUS GROUPS TO SETTLE SPECIAL CLAIMS.

Key Messages

• In order to advance the relationship between Canada and Heiltsuk and improve socio-economic conditions in their community, Heiltusk needed to see tangible results from reconciliation negotiations.
• The Canada-Heiltsuk Haíɫcístut Incremental House Post Agreement signed earlier this year committed federal investments in priority areas that can be advanced in the short term and address Heiltsuk's vision of reconciliation.
• Heiltsuk's priorities include self-government, housing and infrastructure, economic development, language revitalization and preservation.
• The funding included here will enable Heiltsuk to start implementing the $36.96 million grant from CIRNAC over the next 3 years.
• The positive results from this investment will include (but not limited to): increased governance capacity, ratified constitution, core laws, financial and records management training, housing authority, new houses and renovations.
• This support from Canada demonstrates our commitment to a nation-to-nation relationship on Heiltsuk's path of self-determination and demonstrates Canada's commitment to reconciliation.

Background

On January 28, 2017, Canada and Heiltsuk signed the Haίƚcίstut: Framework Agreement for Reconciliation, which identified negotiating priorities important to Heiltsuk.

On January 28, 2018, Heiltsuk submitted the "Haίƚcίstut: The Heiltsuk Vision for Recognition and Reconciliation" to Canada, laying out the steps needed for reconciliation and outlines a proposal, which included priority House Posts.

On January 30, 2019, authorities were approved allowing CIRNAC and the Department of Fisheries and Oceans to negotiate and sign a three-year Reconciliation Agreement with the Heiltsuk to provide an investment of $36.96 million from CIRNAC and $4.95 million from the Department of Fisheries and Oceans, to address the House Posts (totaling $41.91 million).

On July 25, 2019, Canada and Heiltsuk signed the Haíɫcístut Incremental House Post Agreement which legally binds Canada to provide Heiltsuk funding for the community priorities on the condition of and subject to the appropriation of funds by the Parliament of Canada, Treasury Board policies and directives and the completion of one or more funding agreements between the Parties.

Heiltsuk's and Canada's officials are close to completing a funding agreement. The funding agreement cannot be signed until Parliament appropriates the funds.

Key Messages

• This funding supports various land claim and self-government agreement implementation measures – specifically, the renewal and extension of funding of three existing self-government agreements.
• This funding can be broken down into three parts:
  • The first part will support the renewal and increase of funding to specified obligations set out in the Labrador Inuit Land Claims Agreement.
  • Specifically, this funding will provide an increase for the Torngat Joint Fisheries Board and the Torngat Wildlife and Plants Co-Management Board to address operational requirements, including by addressing a shortfall associated with funding not having kept pace with inflation over previous fiscal years.
  • The second piece is an extension (at existing funding levels) to the fiscal transfer arrangements between the Government and three First Nations.
• Specifically, in August 2019, we reached an agreement with Tsawwassen First Nation, Nisga'a Nation and the Maa-Nulth First Nations' to renew each respective First Nation's Fiscal Transfer Arrangement. This funding is required to meet the government's obligations and will support continued payments under the previous fiscal transfer arrangements with these First Nations, which were extended to March 31, 2020, or later pending conclusion of a renewed fiscal transfer arrangement.
• The last element is for an extension (at existing funding levels) to continue funding for the Yukon Environmental and Socio-Economic Assessment Board and the Cree-Naskapi Commission, enabling the Government to meet its obligations under the Yukon Environmental and Socio-Economic Assessment Act and the Naskapi and the Cree-Naskapi Commission Act.

Background

The funding provided under this line item will allow the government to continue funding at the level of the previous agreements. However, in August 2019, CIRNAC reached an agreement to renew the Tsawwassen First Nation, Nisga'a Nation and the Maa-Nulth First Nations' Fiscal Transfer Arrangements.

The additional funding provided under the "Funding to Renew 25 Self-governing Indigenous Government Fiscal Transfer Arrangements" line item (for which a separate issue sheet is provided) provides increased funding to support renewed fiscal transfer arrangements for all 25 Self-Governing Indigenous Governments.

Key Messages

• Budget 2019 announced that the government would invest in a new co-developed collaborative self-government fiscal policy, including a new approach to governance funding and an approach to land and resource management responsibilities.
• The new policy approaches for governance and land and resource management are more generous than the previous approaches. The proposed funding under this line item will support the application of these approaches to all 25 Self-Governing Indigenous Governments that are subject to the new policy.
• The Government has already reached agreement to renew 24 fiscal transfer arrangements, including provisions to implement the new policy measures.

If pressed on Infrastructure:

• Budget 2019 also announced that the new co-developed collaborative self-government fiscal policy would include a new life-cycle funding model for the maintenance and replacement of community infrastructure.
• This funding does not include incremental funding for community infrastructure. The Government is continuing to work with the self-governing Indigenous governments to develop the infrastructure components of the self-government fiscal policy.

Background

There are 25 self-governing Indigenous governments in Canada, each of which receives funding through a fiscal transfer agreement. The self-government agreement Canada has negotiated with each government require periodic renewal of these fiscal transfer agreements.

In August and September 2019, the Government concluded 24 renewal fiscal transfer agreements with self-governing Indigenous governments. Each of these fiscal transfer agreements implements Canada's self-government fiscal policy, including increased funding for governance and land and resource management.

Negotiations with the Nunatsiavut Government are ongoing. The Government is working to conclude this agreement before the end of the current fiscal year.

Key Messages

• The funding for the Northern Contaminated Sites Program in Supplementary Estimates A is related to a late re-profile from 2018-2019 to 2019-2020 totalling $34.9 million.
• The re-profile will provide funding to ensure that planned remediation activities at the following sites remain on schedule: Giant Mine in the Northwest Territories; Resolution Island, CAM C Matheson Point, CAM E Keith Bay, and FOX D Kivitoo in Nunavut; and the United Keno Hill Mine and Faro Mine in the Yukon.
• Crown-Indigenous Relations and Northern Affairs Canada is committed to managing contaminated sites in a cost-effective and consistent manner, to reduce and eliminate, where possible, risk to human and environmental health and liability associated with contaminated sites. To date, the Program has completed the remediation of 59 sites.

Background

Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) is responsible as owner of last resort in the Territories for a number of contaminated sites in the North that were abandoned by former operators. Most of these sites are abandoned mines, and CIRNAC works closely with territorial governments, Indigenous partners, and other stakeholders to remediate these sites.

Since 2005, the primary source of funding has been the Federal Contaminated Sites Action Plan, a 15-year program administered by Environment and Climate Change Canada and the Treasury Board of Canada Secretariat, which has been renewed with an additional five years of funding ($1.16 billion) starting in 2020. CIRNAC will utilize this funding in order to address the contamination at its smaller-scale sites, while the larger abandoned mine projects will be funded through the CIRNAC Northern Abandoned Mine Reclamation Program.

Budget 2019 provided CIRNAC's Northern Abandoned Mine Reclamation Program with $2.2 billion in funding over 15 years starting in 2020 in order to remediate the eight largest abandoned mines in the Yukon and the Northwest Territories. These eight projects are the Faro, United Keno Hill, Mount Nansen, Ketza River, and Clinton Creek mines in the Yukon; and in the Northwest Territories, the Giant, Cantung, and Great Bear Lake group of mines.

Key Messages

• The construction of the Canadian High Arctic Research Station campus is nearing completion. Two accommodations buildings and a field maintenance building are in use. The main research building is partly operational and is expected to be completed before April 2020. An outdoor storage structure was completed in November 2019.
• The funding of $3,6 million dollars included here will primarily be used for the existing construction and consultant contracts managed by Public Services and Procurement Canada for the completion of the construction of the Canadian High Arctic Research Station.
• Polar Knowledge Canada is operating the Canadian High Arctic Research Station and will become the owner upon completion.
• The project's Inuit Benefit Plan is valued over $73M.

Background

The Canadian High Arctic Research Station (CHARS) is a major crown project being built in Cambridge Bay, Nunavut. As per the requirement of the Canadian High Arctic Research Station Act (s.25), this facility will become the headquarters of Polar Knowledge Canada, which is responsible for advancing Canada's knowledge of the Arctic and strengthening Canadian leadership in polar science and technology.

Key messages

• On March 8, 2019, the Prime Minister announced the official launch of the Nanilavut Initiative, developed in partnership with Inuit.
• This initiative is to help Inuit families find information on loved ones sent away during the tuberculosis epidemic of the 1940s to the 1960s, and to support Inuit families and communities with the process of healing.
• The funds included here were unspent funds from 2018-19 which were re-profiled in order to support Inuit partners of the Nanilavut Initiative in 2019-20.
• The Nanilavut Initiative reflects the Government's commitment to renewing the Inuit-Crown relationship based on recognition of rights, respect, cooperation, and partnership.
• Since 2017, internal Departmental resources of the Department have been used to fund Inuit partners in preparation for and since the official launch of this initiative.

Background

The Nanilavut Initiative seeks to address the tuberculosis epidemic of the 1940s to 1960s, when thousands of Inuit were sent away from their communities for tuberculosis treatment. Nanilavut means "Let's find them" in Inuktitut. In 2010, the Government of Canada established the Nanilavut Working Group, including members of all four Land Claims governments, Inuit Tapiriit Kanatami and other partners.

Finding the burial locations of family members who died while undergoing treatment during the past tuberculosis epidemic is a long-standing issue of concern for Inuit. Information on patients, whether living or deceased, was not effectively communicated back to family members or where they have been buried. To this day, many Inuit remain to ascertain the fate of their family members and where they have been buried.

Comprehensive research on Inuit who were sent away for treatment was conducted and a database containing research findings was developed. The Government of Canada is now at a juncture to share research findings and provide a policy response and is working with Inuit partners to determine next steps in this regard working through the Inuit-Crown Partnership Committee.

Leading up to the apology, Inuit leaders continued to call for action on Nanilavut. In letters addressed to the Minister, each Inuit land claim organization has outlined specific actions for the Government of Canada to undertake in order to redress this important part of Inuit history.

Through the guidance of the Nanilavut Working Group, comprehensive research on finding Inuit lost loved ones from the past tuberculosis epidemic has been conducted and a database containing findings is now finalized.

The Nanilavut Initiative was launched jointly by the Prime Minister of Canada and Inuit Tapiriit Kanatami President Natan Obed in March 2019 in Iqaluit, Nunavut. This announcement followed a formal apology delivered by the Prime Minister to Inuit regarding the tuberculosis epidemic of the past.

The Nanilavut Initiative is currently being implemented in all Inuit regions by the Land Claims Organizations, where Project Managers manage the database of findings and work with family members to find their lost loved ones.

Key Messages

• Supplementary Estimates (A) includes a re-profile from 2018-19 for $1.4 million for departmental internal services.
• This funding will continue to facilitate the transition activities associated with the stand up of Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada as distinct departments.
• Departmental internal services include essential support services, such as information technology, human resources, and key financial services that are essential for supporting the effective delivery of policy and programs for Indigenous communities

If pressed:

• Two departments will better serve the distinct needs of First Nations, Inuit and Métis. We are improving the delivery of services while accelerating a move to self-government and self-determination of Indigenous peoples.
• The departments were provided with additional funding of $117 million over a period of three years with an ongoing component of $19 million. From the additional funding, $59.7 million was attributed to set-up and transition costs to create separate departments, and the integration of the First Nations and Inuit Health Branch from Health Canada to ISC.
• The money reflected in Supps A that we are discussing today simply reflects a carry forward of some of these funds.
• The majority of internal services for the two departments are managed jointly to ensure effective and efficient operations in support of their respective mandate. Both departments will continue to work collaboratively to optimize opportunities associated with the economies of scale of shared services.
• While the responsibilities have been divided between the Ministers and activities between the departments, their mandates are directly linked. Both departments are, and will continue to work collaborative to support each other's activities. It is for this reason that there is a delegation clause built into the enabling legislation to allow the minister's to use those parts of the other department with the best expertise to ensure the program and service delivery.

Background

On August 28, 2017, the Prime Minister announced the decision to dissolve Indigenous and Northern Affairs Canada (INAC) and establish Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada (ISC). Indigenous Services Canada was created on November 29, 2017 by Order in Council.

Properly resourced internal services are essential to support the two new departments in the delivery of their programs and services.

Internal services for the two departments are managed jointly to ensure effective and efficient operations in support of their respective mandates. Both departments will continue to work collaboratively to optimize opportunities associated with the economies of scale of shared services.

Key Messages

• Supplementary Estimates (A) includes a re-profile from 2018-19 for $10.8 million for departmental internal services. This funding will facilitate the continued transition activities associated with the stand up of Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada as distinct departments.
• A department's internal services include information technology, human resources, and key financial services that are essential for supporting the effective delivery of policy and programs for Indigenous communities.
• Funding is required to ensure a smooth transition so that the two departments can operate as separate entities while leveraging innovative technology and best practices to ensure effective, client-centred services.

If pressed

• Two departments will better serve the distinct needs of First Nations, Inuit and Métis. We are improving the delivery of services while accelerating a move to self-government and self-determination of Indigenous peoples.
• The departments were provided with additional funding of $117 million over a period of three years with an ongoing component of $19 million. From the additional funding, $59.7 million was attributed to set-up and transition costs to create separate departments, and the integration of the First Nations and Inuit Health Branch from Health Canada to ISC.
• The money reflected in Supps A that we are discussing today simply reflects a carry forward of some of these funds.
• The majority of internal services for the two departments are managed jointly to ensure effective and efficient operations in support of their respective mandate. Both departments will continue to work collaboratively to optimize opportunities associated with the economies of scale of shared services.
• While the responsibilities have been divided between the Ministers and activities between the departments, their mandates are directly linked. Both departments are, and will continue to work collaborative to support each other's activities. It is for this reason that there is a delegation clause built into the enabling legislation to allow the minister's to use those parts of the other department with the best expertise to ensure the program and service delivery.

Background

On August 28, 2017, the Prime Minister announced the decision to dissolve Indigenous and Northern Affairs Canada (INAC) and establish Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada (ISC). Indigenous Services Canada was created on November 29, 2017 by Order in Council.

Properly resourced internal services are essential to support the two new departments in the delivery of their programs and services.

Internal services for the two departments are managed jointly to ensure effective and efficient operations in support of their respective mandates. Both departments will continue to work collaboratively to optimize opportunities associated with the economies of scale of shared services.

Key Messages

• Last May, a Framework Agreement was signed with the Kashechewan First Nation and the Government of Ontario, confirming the relocation of Kashechewan First Nation to higher ground.
• This request for $8.2 million in the Supplementary Estimates is for the first year of the funding of three initiatives. Specifically, to develop plans and estimate costs to relocate the community, to strengthen capacity to support this complex project and to improve the integrity of Kashechewan's drainage and dyke systems until the community can be relocated.
• Together with the community, we are committed to a safe, healthy and sustainable future for Kashechewan First Nation.

If pressed on funding:

• To develop detailed plans and estimate costs to relocate the community, Budget 2019 provided $4.4 million over three years; and $2.6 million over four years to strengthen the capacity of Indigenous Services Canada to support this complex project.
• An additional $30 million over four years was provided by Budget 2019 to improve the integrity of Kashechewan's drainage and dyke systems until the community can be relocated.

Background

ISC works in partnership with Kashechewan First Nation and provincial officials to evacuate Kashechewan each spring. Community members are received in host communities in northern Ontario such as Kapuskasing, Cochrane and Timmins. The precautionary evacuations cost about $9 million annually.

Kaschechewan First Nation has advocated for many years to relocate the community to higher ground to mitigate the threat of flooding each spring. The community's preferred location, known as 'Site 5', is situated 35 kilometres upstream on the Albany River. A report by Neegan Burnside Ltd. (2018) confirmed that Site 5 has sufficient suitable land above the flood risk level to support community development.

The 2019 Framework Agreement was signed by the former Minister of Indigenous Services Canada, Kashechewan Chief Leo Friday, and Ontario's Minister of Indigenous Affairs on May 5, 2019. It confirmed the parties' shared commitment to plan for the relocation of Kashchewan to higher ground at Site 5. Discussions are underway on an Addition to Reserve to add Site 5 and a road corridor to the existing Fort Albany #67 Indian Reserve.

The relocation of Kashechewan is a complex project that requires detailed planning. ISC estimates that 8 to 10 years will be required to complete the relocation. The community is working with professional project managers to develop detailed plans and cost estimates.

Key Messages

• The Contaminated Sites On-Reserve Program is responsible for the management of roughly 2,000 contaminated sites across Canada with associated liabilities of an estimated $400 million.
• $6.6 million in Federal Contaminated Sites Action Plan funds are being re-profiled to 2019-20 because of project delays in the previous year.
• In addition, a $1.5 million conversion from Vote 1 to Vote 10 of Federal Contaminated Sites Action Plan funds is being requested in order to undertake additional remediation of sites on reserve.
• The re-profile and vote conversion amounts will allow the Contaminated Sites On Reserve Program to support the continuation of various remediation projects on reserve such as Flying Dust (Saskatchewan), Hay Lake (Alberta), Semiahmoo (British Columbia), Fort Nelson (British Columbia), Lac La Croix (Ontario), Naicatchewenin (Ontario), Louis Bull (Alberta), and others.

Background

Indigenous Services Canada's portfolio of contaminated sites originated from: fuel storage, handling and transfer; poorly engineered landfills and illegal dumping; as well as legacy commercial and industrial activities which were permitted on reserve.

By assessing and remediating contaminated sites on reserve lands, the Program improves health, safety and environmental integrity, makes previously unusable land available for community or economic development, and reduces federal environmental liabilities.

The majority of funding for the Contaminated Sites on Reserve Program comes from the Federal Contaminated Sites Action Plan, a horizontal initiative which funds eligible federal contaminated sites on a cost-share basis with 17 custodial departments.

Key Messages

• The Government of Canada is committed to working with all partners to support the safety, security, and well-being of Indigenous peoples.
• The request for $3,000,000 of new funding under supplementary estimates A is in direct response to intercity bus service disruptions in Western Canada, where Budget 2019 proposed $5 million over 2 years, ($3,000,000 in 2019-2020 and $2,000,000 in 2020-2021).
• This money will respond to acute transportation needs – such as the safety of women, girls and youth – where a business solution is not viable for the 135 First Nation communities affected by the cancellation of Greyhound bus service.
• Indigenous Services Canada will continue engaging with those First Nation communities affected by the cancellations to determine the impact and need to address any transportation challenges where no other service provider has emerged.

Background

The first round of intercity bus reductions by Greyhound Canada were announced in February 2018, with various routes throughout Northern British Columbia and Yukon being discontinued in May 2018. Following these reductions, on July 9th, 2018, Greyhound Canada announced it would be discontinuing all remaining domestic services west of Sudbury, Ontario, effective October 31st, 2018. In July 2018, after Greyhound's announcement, the Prime Minister asked the Minister of Transport to work with the provinces, communities and Greyhound to determine a path forward.

Though the majority of intercity bus routes previously operated by Greyhound in Western Canada were picked up by the private sector, service gaps for specific routes remain. These gaps have the potential to disproportionately impact the most vulnerable populations, including Indigenous communities.

Budget 2019 provides $5 million over 2 years to Indigenous Services Canada (ISC) for a risk contingency fund. As announced in Budget 2019, the Government is investing $78.9 million over five years, starting in 2019-20, with $15.8 million per year ongoing, to support First Nation and Inuit community-owned businesses and the construction of community economic infrastructure.

As well, Indigenous-owned transportation businesses that are looking to fill the gap in service can contact their local Aboriginal Financial Institution for business development support: https://nacca.ca/aboriginal-financial-institutions/.

Key messages:

• The Government of Canada has committed resources to enhance the capacity of Inuit firms to compete for government contracts in the Nunavut Settlement Area (NSA) under Article 24 of the Nunavut Land Claims Agreement.
• This item relates to $1.9 million of new money that ISC will receive annually to support the implementation of the Directive. This funding will support increased participation by Inuit firms in business opportunities in the Nunavut Settlement Area economy; improve capacity of Inuit firms to compete for government contracts; and support employment of Inuit at a representative level in the Nunavut Settlement Area work force.
• Overall, new resources include funding totaling $20,527,414 over five years and annual ongoing funding totaling $3,763,347. The funding will be distributed between Indigenous Services Canada (ISC), Crown and Indigenous Relations and Northern Affairs (CIRNAC), Public Services and Procurement Canada (PSPC) and Treasury Board Secretariat (TBS).

Background:

In 1993, Canada signed the Nunavut Agreement with the predecessor of the NTI, representing the Inuit of Nunavut. This is an Aboriginal Treaty under of s. 35 of the Constitution Act, 1982. In Article 24 of the Nunavut Agreement, Canada undertook to provide economic opportunities through federal government contracting in the NSA.

In 2019 Canada reached consensus with the NTI on the new Directive on Government Contracts, including Real Property Leases, in the Nunavut Settlement Area. The Directive received Treasury Board approval on June 20th, 2019. The effective date of the Directive is December 20, 2019.

Key Messages

• The Government is pleased that Bill S-3, which eliminates sex-based inequities in Indian registration, received Royal Assent in December 2017.
• Funding through Supplementary Estimates (A) will support the assessment of the 43,000 expected applications under the initial phase of Bill S-3, An Act to amend the Indian Act, in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général) that came into force in December 2017.
• Funding was re-profiled for the 2019-20 Supplementary Estimates (Part A) to adjust the spending to effectively implement Bill S-3.
• The Government estimates that between 28,000 and 35,000 individuals, over a period of five years, will become newly entitled to registration under the Indian Act through the Phase 1 of the Bill S-3 amendments.
• The Department has received approximately 22,000 applications in response to the legislative amendments to the Indian Act under Bill S-3.
• The total cost of this initiative for ISC over a five year period is $17,481,416, beginning in 2018-19 through 2022-23. The funding is part of a special purpose allotment.
• Funding will ensure that eligible individuals will be registered as Status Indians under the new provisions of the Indian Act within the program's baseline service standards

Background

Phase 1 of Bill S-3 came into force in December 2017. The Government has estimated that 43,000 new applications for registration will be received over 5 years, which is expected to result in 28,000 to 35,000 new registrations. This does not include the number of expected applications resulting from the coming into force of the removal of the 1951 cut-off in August 2019 (Phase 2 of Bill S-3). Based on independent demographic estimates, the Department could receive between 330,000 and 553,000 applications over 10 years as a result of the removal of the 1951 cut-off. Any requests related to the 1951 cut-off will be funded through a separate request.

While the implementation plan for Bill S-3 builds upon the experience of implementing Bill C-3, the complexity of the legislative changes introduced is much more significant and far reaching across the program. Bill C-3 addressed one (1) scenario of sex-based inequity in Indian registration, while Bill S-3 addresses seven (7) scenarios of inequities. Under the 2017 legislative amendments to the Indian Act, eligible individuals registered under subsection 6(2) are eligible for an amendment to 6(1) which will allow for the transfer of status to their descendants.

Key Messages

• As part of the Indian Residential Schools Settlement Agreement, Indigenous Services Canada supports former students and their families to access to cultural and emotional health supports services, mental health counselling, and medical transportation to access these services when required.
• Mental health counselling and transportation is coordinated through Indigenous Services Canada. Client utilization of the program is high. In 2017/18, over 135,000 clients had over 1 million interactions with cultural and emotional support providers, and nearly 13,000 clients accessed over 88,000 hours of professional mental health counselling.
• As the mental health counselling and medical transportation components of the Program are demand driven, expenditures fluctuate from year to year. Through successive Treasury Board Submissions, the department has been approved to carry-over this Vote 1 funding.
  • This re-profile will be used for unspent funds linked to the demand driven components of the Program, and will be used this fiscal to offset any increases in demand for services.
  • Demand for all components of the Program have been increasing steadily over the last number of years, reflecting ongoing need for these services.
• These services are provided through the Indian Residential Schools Resolution Health Support Program, which was renewed in Budget 2018 for an additional three years with an investment of $248.6M.
• The annual budget for 2018/19 is $77.7M, for 2019/20 it is $82.8M and for 2020/21 it is $88.1M.
• Funding for this Program is managed within a special purpose allotment, and cannot be used to fund other services.

Background

The Indian Residential Schools Resolution Health Support Program was established as part of fulfilling the 2006 IRS Settlement Agreement, with the purpose of providing support services to former students of Indian Residential Schools and their families involved in the Settlement Agreement activities. The Program has been renewed several times, most recently with a three-year $248.6M investment through Budget 2018, with funding available until March 31, 2021. The Program provides access to community-based cultural and emotional health support services provided by trained and culturally competent Indigenous health workers, and access to mental health counselling provided by licensed and registered psychologists or social workers, as well as medical transportation to access these services. The latter two components are Vote 1 expenditures, and the department through successive Treasury Board Submissions obtained approval to carry-forward any unspent funds linked to these demand-driven services. This re-profile is to carry a small Vote 1 surplus.

Mental health counselling and transportation is coordinated through Indigenous Services Canada. Client utilization of the IRS RHSP is high. In 2017/18, over 135,000 clients had over 1 million interactions with cultural and emotional support providers, and nearly 13,000 clients accessed over 88,000 hours of professional mental health counselling.

Background

Forced and coerced sterilization is a symptom of a broader systemic issue: the absence of cultural safety in health and social systems. Promoting cultural safety in health and social systems cannot be done in isolation. Health Canada has a lead role to play, in partnership with provinces and territories, regional health authorities and regulatory bodies.

The scale and scope of this issue is currently unknown. Health systems (with the exception of Saskatchewan) do not track patient ethnicity. However, since October 2017 a number of legal actions that name Canada as a defendant have been initiated by impacted women. Lawyers indicate they have been contacted by over 100 Indigenous women (including a case that occurred as recently as December 2018). International bodies and parliamentary committees have studied and drawn attention to the issue:

• The U.N. Committee against Torture called on Canada to criminalize, investigate, prevent and provide redress;
• The Third Universal Periodic Review by the U.N. Human Rights Council recommended that Canada investigate complaints, punish those responsible and assist impacted women;
• The Inter-American Commission on Human Rights requested specific information on how Canada is responding;
• The Standing Committee on Health focused on understanding the scope; making reparations to victims; prevention; and engaging with Indigenous women's organizations; and,
• The final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls raised the issue. Calls to Justice include increasing the number of Indigenous health care professionals and providing cultural competency training to all health care professionals (Calls to Justice 7.6, 7.7, and 7.8).

Synopsis

• As a result of Supplementary Estimates (A), CIHR's overall available authorities for 2019-20 will increase by approximately $6.8 million to a total of approximately $1.19 billion.

Question

• Why is CIHR seeking an increase in its authorities for 2019-20?

Key Messages

• The Supplementary Estimates A 2019-20 include a proposed increase of $6.8 million for the Canadian Institutes of Health Research—or CIHR.
• These investments include an increase of $3.8 million in 2019-20 to fund the third competition of the Canada Excellence Research Chairs Program.
• Also proposed is a re-profiling of $3 million from 2018-19 to 2019-20 for the Canada Research Chairs Program as part of funding received through Budget 2018.
• These investments will help attract and retain a diverse community of excellent researchers across all career stages, with a focus on early career researchers.
• The Government of Canada remains committed to ensuring that Canada's next generation of researchers are more diverse, better supported, and able to pursue some of the worlds' biggest health challenges.

Background

Background

In 2017, Health Canada was faced with an increased volume of work as well as added complexity from globalization, and technological advancement. These factors have increased the costs of doing business, and placed pressure on the ability of the Department to deliver services within the current funding envelope. While Canada has remained internationally competitive in meeting performance standards, taxpayers are assuming an increasing economic burden because of the outdated fees charged to industry.

The Budget Implementation Act 2017 replaced the User Fees Act with the Services Fee Act, and also provided authorities to the Minister of Health to set fees under the Food and Drugs Act via Ministerial Order. With these authorities, Health Canada has the flexibility to set and adjust fees in a timely manner to better reflect actual costs and ensure longer term sustainable funding.

Over a two year period beginning in October 2017, Health Canada consulted with industry stakeholders on the new few structure and revised fees. This work culminated in the previous Minister signing the Fees in Respect of Medical Devices Order on May 3, 2019, followed by its publication in the Canada Gazette, Part II on May 29, 2019. Health Canada also published a Final Fee Report for Drugs and Medical Devices on May 15, 2019, describing the consultation process, revisions as a result of industry feedback, and final fees.

Moving forward, the new authorities will allow the Department to be more responsive in an evolving regulatory environment as well as to course correct fees in a timely and expedited manner if required.

Synopsis

Health Canada is responsible for the scientific review of therapeutic products (drugs and medical devices) to assess their safety, efficacy and quality before they are authorized for sale in Canada. Once these products are made available to Canadians, Health Canada monitors their safety. Health Canada also verifies compliance of companies though inspections and investigations. Since the mid-nineties these regulatory activities have been funded through a combination of fees charged to industry, and public funds. In 2017-2018, Health Canada consulted on revised fees. These revised fees will be implemented on April 1 2020.

Potential Question

What is the total funding amount that supports regulatory activities related to therapeutic products?

Background

There is an established procedure that federal Departments must follow when seeking to settle litigation out-of-court. All Departments are required to keep track of contingent liabilities that represent the risk of eventual loss of litigation (either in court or out-of-court).

Synopsis

Health Canada is seeking access to $70M through Supplementary Estimates "A" to offset the cost of litigation that has recently been settled.

Potential Question

Which legal proceeding has been settled by the Government?

New funding: $157.7 million

Other adjustments: $39.0 million

Background

On July 11, 2019, the Accessible Canada Act came into force.

The Accessible Canada Act represents the most significant Government of Canada disability rights legislation in over 30 years.

Working within federal jurisdiction, the purpose of the Bill is to benefit all persons, especially persons with disabilities, through the progressive realization of a Canada without barriers.

The Accessible Canada Act creates several new organizations including CASDO.

CASDO's Board of Directors and Chief Executive Officer were appointed on August 26, 2019. The majority of CASDO's Board of Directors are required to be persons with disabilities. CASDO is the first federal institution to be led by persons with disabilities.

CASDO is a separate departmental corporation within the federal government. It must arrange for all its own corporate services like other government departments and corporations.

With the Accessible Canada Act, the Government of Canada is taking a proactive approach to get ahead of systemic discrimination across all areas of federal jurisdiction and achieving the progressive realization of a Canada without barriers.

Only 59 percent of Canadians with disabilities, aged 25 to 64, are employed, compared to 80 percent of Canadians without disabilities (2017 Canadian Survey on Disability, or 2017 CSD).

Persons with disabilities are more likely to be unemployed, to live in poverty and to earn less than people without a disability (2017 CSD).

It is estimated that there are 645,000 persons with disabilities aged 25 to 64 who are not working, but who have the potential to do so (2017 CSD).

CASDO's mandate is to contribute to the realization of a Canada without barriers by January 2040, primarily through the development and revision of accessibility standards.

CASDO was established to:

• Develop and revise accessibility standards by establishing and providing support and research to technical committees that reflect diversity and are composed of persons with disabilities, indigenous people, representatives from industries that would be required to follow the standards if made mandatory by regulation, and other experts;
• Promote, support and conduct research to inform the development of standards; and,
• Inform organizations and the public and provide products and services about accessibility standards, as well as best practices used to identify, remove and prevent accessibility barriers.

Allocation of Funds

CASDO will be established as a separate, departmental corporation. The governance of the organization will be solidified, foundational corporate services will be established, accessibility standards will begin to be developed, and funding for accessibility standards research will be awarded.

CASDO has a Governor-in-Council appointed Board of Directors. The majority of the Board of Directors are required to be persons with disabilities to embody the "Nothing about us without us" philosophy. The Board is responsible for providing strategic direction to the organization, for ensuring that the organization is set up quickly, that the work of the organization reflects the priorities and diverse experiences of persons with disabilities, and that there is transparency and accountability to Canadians.

CASDO will have the autonomy to decide which projects it will lead or fund other organizations to undertake. Project intake may include open calls, solicited and unsolicited projects and CASDO will be responsible for negotiating agreements, monitoring agreements, and results reporting (including collecting performance information from organizations it funds through sub-agreements).

Anticipated Results

The establishment of CASDO will allow the organization to create accessibility standards. Accessibility standards will move Canada from a system where persons with disabilities have to fight every day for basic access, to a new model that will proactively address barriers to accessibility and the structures that perpetuate these barriers. The accessibility standards will also serve as a resource to governments and businesses outside of the federal jurisdiction, and could be applied internationally as accessibility best practices. CASDO's mandate will make a significant contribution to Canada's capacity to harness the skills and talents of persons with disabilities.

The creation of the Advancing Accessibility Standards Research fund will support and promote research into the identification and removal of barriers to accessibility and the prevention of new barriers, and to inform the next generation of model accessibility standards. The fund will support the establishment of a national network of accessibility standards expertise.

Monitoring and Measurement

CASDO will provide an annual report to the Minister on its activities in that fiscal year. The Minister will table that report in each House of Parliament.

CASDO will create a departmental results framework, a program inventory and performance information profiles. CASDO will report annually on its performance against these plans as required by Treasury Board Secretariat.

Evaluation

CASDO will pursue accreditation as a standards development organization. CASDO will be required to participate in accreditation cycle activities at regular intervals to maintain accreditation.

CASDO will be required to conduct evaluations required by the Treasury Board Policy on Results.

The Advancing Accessibility Standards Research fund will undergo a periodic evaluation to comply with the Treasury Board Policy on Results.

Background

Departments have recently been advised of changes in the Estimates process. Given the limited opportunities to access new funding this fiscal year due to the timing of the Federal Elections, an additional Supplementary Estimates exercise has been introduced to provide access for urgent needs. Therefore, two (2) Supplementary Estimates will be held for the current year.

Fall Supplementary Estimates (A) are directed and are only for organizations with urgent funding requirements. TBS made a determination of the organizations requiring Supply this fall, thus the approach was by invite only. The tabling of the Fall Supplementary Estimates will occur soon after the opening of the new Parliamentary session on December 5, 2019, with anticipated supply the following week.

Non-urgent organizational requirements, including those of ISED, have been deferred to the 2019-20 Winter Supplementary Estimates (B), which will be tabled in February 2020.

Funding Breakdown

For the Natural Science and Engineering Research Council

• $8.9 million for the Centres of Excellence for Commercialization and Research (CECR) program. Budget 2018 announced the creation of a new stream under the Strategic Innovation Fund (SIF) to accommodate the consolidation of the Business-Led Networks of Centres of Excellence and CECR programs into SIF. The funding required in these estimates is for NSERC to provide bridge funds to selected centres and networks as part of the process of transitioning the programs.
• $8.4 million for Canada's Excellence Research Chairs program, a federal class grant program initially announced in Budget 2008 to. This funding was approved by Treasury Board in February 2019.
• $1.5 million for the Canada Research Chairs (CRC) program. The CRC is a permanent grant program initially launched in 2000 to strengthen Canada's research capacity by helping post-secondary institutions to attract and retain world-leading researchers. Budget 2018 announced new investments of $210M over 5 years and $50M ongoing for the CRC program. Due to delays in the TB submission approvals, coordination with post-secondary institutions and peer review processes, NSERC had to re-profile a portion of the funding into 2019-20.

For Statistic Canada

• $17.3 million for Statistic Canada to conduct statistical operations, for the settlement of the human rights complaint filed by the Public Service Alliance of Canada, and for a new anti-racism strategy.

For Social Science and Humanities Research Council

• $2.7 million for Social Science and Humanities Research Council to support the Centres of Excellence for Commercialization and Research program ($2.1 million) and the Canada Research Chairs program ($0.6 million) for the same purposes as those described above for NSERC.

Background

The National Inquiry into Missing and Murdered Indigenous Women and Girls, was launched in 2016 to recommend concrete actions to address the systemic causes of violence against Indigenous women, girls, LGBTQ and two-spirit people.

The National Inquiry into Missing and Murdered Indigenous Women and Girls complete its activities in June 2019 and presented its final report to the federal, provincial and territorial governments at a public closing ceremony in Gatineau, Quebec on June 3, 2019.

Commissions of Inquiry are established under Part 1 of the Inquiries Act to investigate issues when the Government requires an entirely independent source of advice. The Prime Minister is responsible for the expenditures of the Commission for the purposes of the Financial Administration Act. Flowing from this responsibility, PCO provides Commissions of Inquiry with financial and administrative support.

The Government has committed $92.3M for the National Inquiry and the Commission is planning to stay within this budget. The allocation of funding between fiscal years needed to be adjusted to reflect the current forecasted expenditures. In the summer of 2019, a request was approved to transfer surplus funding from 2018-19 for the National Inquiry into Missing and Murdered Indigenous Women and Girls to 2019-20. For the 2019-20 Supplementary Estimates (A), the Privy Council Office is seeking $9.9 million to align funding with the current forecasted expenditures.

The funding included in Supplementary Estimates is required to cover the cost of operations of the National Inquiry including the conduct of community gathering to promote healing and for translation, legal services, communication services and travel to present the National Inquiry's final report in communities coast to coast. In addition funding is required to close out administrative aspects of the Inquiry.