Specific claims negotiation support: work plan example

Brief claim description

Using the claim description provided, please fill in the missing information by including:

• 1 or 2 sentences for the description of the claim
• the date Canada accepted the claims into the specific claims negotiation process
• the full name of the First Nation
• the date a Band Council Resolution was executed agreeing to enter into negotiations with Canada under the Specific Claims Policy

First Nation's negotiation team

For the First Nation's negotiation team, please identify:

• the name of each participant
• the position each participant holds

Canada's negotiation team

For Canada's negotiation team, please identify:

• the name of the negotiator, Specific Claims Branch
• the name of the assistant negotiator, Specific Claims Branch
• the name of legal counsel, Department of Justice

Previous year

If loan funding was received for the year prior to the year covered by this submission, please fill in this section by identifying:

• each objective
• the current status for each objective

Subject year

• 2 to 4 bullets identifying realistic accomplishments for the year to come: activities to be undertaken from April 1, 2021 to March 31, 2022

For example:

• Approaches to compensation to be identified
• Studies associated with Loss of Use (LOU) to be identified and initiated

Meetings

Face-to-face negotiations

• Indicate the number of meetings, the number of days per meeting, and the total number of days for all face-to-face negotiations (including preparation and follow up)
• List dates of meetings if known, or anticipated month of meetings, anticipated participants and location of meetings
• A typical claim has a maximum of 3 to 4 in person meetings each year
• The budget submission can include time for preparation for meetings and for follow up from meetings

Negotiation conference calls

• Indicate the number of meetings, and the total number of days for all negotiation conference calls (including preparation and follow up)
• List dates of meetings if known, or anticipated month of meetings and anticipated participants
• A typical claim has a maximum of 3 to 4 conference calls each year
• The budget submission can include time for preparation for meetings and for follow up from meetings

First Nation community meetings

• Indicate the number of meetings, the number of days per meeting, and the total number of days for all First Nation community meetings (including preparation and follow up)
• List dates of meetings if known, or anticipated month of meetings, anticipated participants and location of meetings
• The budget submission can include time for preparation for meetings and for follow up from meetings

Legal work

Provide a description of the legal work to be accomplished and the number of hours required to complete the work identified.

For example:

• review or prepare research and position documents as required (number of hours)
• provide legal advice regarding the negotiation process (number of hours)
• participate in negotiation sessions as warranted (number of hours)
• finalize legal agreements (number of hours)

Consultants, experts and professional costs

The First Nation must list any professional services, other than to conduct studies and reports, that will be required, such as consultants and contractors. Include a description of the work to be accomplished by each consultant or contractor and the number of hours required to complete the work identified.

Other costs

First Nation is to itemize any other costs anticipated during the fiscal year such as administration fees, technical or advisory committees, other meeting costs and communications.

Joint studies

• All studies and reports must be jointly approved
• If available, submit terms of reference and contract details (loan funding cannot be released without knowing the amount of the contract)
• If not yet available, indicate in this section the anticipated studies for the year, including the purpose of the study and the level of effort (a range of the number of days of work) anticipated to assist in prediction for budget management purposes
• Terms of reference and contract details can be submitted during the fiscal year for studies and reports but must be received before February 1 to be considered, subject to budget availability, for additional funding

Independent studies

• All studies and reports must be jointly approved
• As studies are meant to be joint in a negotiation process, the exceptional rationale for an independent study must be clearly stated (reminder that negotiation loan funding cannot be used to fund litigation or tribunal related activities)
• If there are any independent studies, the approval of the Senior Director of Negotiation, Specific Claims Branch, will be required
• If available, submit terms of reference and contract details (loan funding cannot be released without knowing the amount of the contract)
• If not yet available, indicate in this section the anticipated studies for the year, including the purpose of the study and the level of effort (such as a range of the number of days of work) anticipated to assist in prediction for budget management purposes
• A maximum cumulative amount of $50,000 annually can be provided towards the eligible costs to support approved independent studies and reports
• Annual terms of reference and service provider's statement of work or contract information are to be provided to support the funding request for these independent studies and reports
• Terms of reference and contract details can be submitted during the fiscal year for studies and reports but must be received before February 1 to be considered, subject to budget availability, for additional funding