Results at a Glance - Evaluation of First Nation Jurisdiction over Land and Fiscal Management
Prepared by: Evaluation Branch
Table of contents
Program Overview
Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) supports First Nations institutions and organizations involved in land and fiscal management through policy initiatives, operational activities and financial support. The program activities contribute to Indigenous peoples advance their governance institutions and regimes; and, past injustices are recognized and resolved.
By the end of fiscal year 2021-22, a total of 579 First Nations participated in the Indian Act; 321 First Nations participated in the First Nations Fiscal Management Act (FNFMA); and 238 First Nations participated in the Framework Agreement on First Nations Land Management.
There are two groups of organizations and institutions responsible for First Nations land and fiscal management.
- The First Nations Lands Advisory Board and Resource Center are the organizations responsible for First Nations land management; and
- The First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority, and First Nations Infrastructure Institute (in development) are the institutions responsible for First Nations fiscal management.
The three key groups of partners that interact are individual First Nations, First Nations-led institutions and organizations, and Canada that interact together for First Nations land and fiscal management.
These elements create an ecosystem of First Nations-led institutions and organizations working with First Nations in establishing self-determined processes.
Summary of Findings
Significant progress has been achieved over the evaluation period, particularly in establishing a constructive relationship between the Branch and the First Nations-led institutions and organizations, which is based on trust and a shared vision as reflected in United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Progress has also been achieved in strengthening the legislative and policy frameworks related to land and fiscal management.
Relevance
- The Program operates in an environment where an increasing number of First Nations are reclaiming their authority over land and fiscal management.
- Of the 634 First Nations in Canada, 38% are scheduled to the FNFMA, and 51% are involved with the Framework Agreement.
The number of First Nations involved with the Framework Agreement and the number of First Nations scheduled to the FNFMA during the evaluation period.
- In 2017-18, 209 First Nations were involved with the Framework Agreement and 229 First Nations were scheduled to the FNFMA.
- In 2018-19, 217 First Nations were involved with the Framework Agreement and 269 First Nations were scheduled to the FNFMA.
- In 2019-20, 224 First Nations were involved with the Framework Agreement and 294 First Nations were scheduled to the FNFMA.
- In 2020-21, 232 First Nations were involved with the Framework Agreement and 312 First Nations were scheduled to the FNFMA.
- In 2021-22, 238 First Nations were involved with the Framework Agreement and 321 First Nations were scheduled to the FNFMA.
Design and Delivery
The Program undertakes a wide range of activities to support First Nations' land and fiscal management, including:
- Coordinating with other federal departments, such as collaboration with Department of Finance to support the vision of First Nation-led institutions and organizations to implement a range of taxation measures.
- In December 2022, the FNLMA was repealed and replaced by the Framework Agreement on First Nation Land Management Act.
- Amendments to FNFMA, introduced to Parliament through Bill C-86 (2018) and Bill C-45 (2023), include provisions for creating a First Nations Infrastructure Institute.
Effectiveness and Efficiency
- Over the evaluation period, approval of ATR submissions per year has steadily declined.
- Ongoing challenges are related to the complexity of activities undertaken, the range of partners involved, and limitations in organizational capacity.
- Operational delays have been encountered in appointments to the Board of Directors for FNFMB and FNTC, and in amending the FNFMA schedule.
Number of Additions to Reserve Submissions approved during the evaluation period:
- In 2017, the number of approved ATRs was 116
- In 2018, the number of approved ATRs was 66
- In 2019, the number of approved ATRs was 60
- In 2020, the number of approved ATRs was 51
- In 2021, the number of approved ATRs was 36
Recommendations and Actions
Recommendation 1:
Strengthen the current funding to create, predictable, and long-term funding that reflects the ongoing nature of First Nation-led institutions and organizations.
Action:
Explore options, with partner departments, for predictable and long- term funding that reflects the ongoing nature of the institutions and organizations mandate.
Recommendation 2:
Ensure there is sufficient capacity within CIRNAC’s Indigenous Institutions and Governance Modernization Branch, so that all activities and collaborative projects it undertakes in partnership with First Nations-led institutions and organizations can progress efficiently.
Action:
Discuss priorities and workload First Nations-led institutions and organizations to ensure that they have adequate resources to collaborate on projects supporting common objectives and that they progress efficiently.
Recommendation 3:
Engage other federal departments and agencies in supporting several priority actions of the First Nations-led institutions and organizations reflecting their mandates, including:
- Fiscal measures required to support the implementation of UNDRIP;
- A legislative development process reflecting UNDRIP by ensuring appropriate consultation and cooperation;
- Improve the Additions to Reserve process;
- Board appointed positions are not left vacated for an extended periods; and,
- Improving the process to add First Nations to the schedule of the FNFMA, to avoid any delays once all prior requirements have been met.
Action:
Continue to collaborate and work closely with other government departments and the First Nations-led institutions and organizations to achieve the recommended activities.
About the Evaluation
In accordance with its Five-Year Evaluation Plan and the Policy on Results, CIRNAC evaluated the support it provides to First Nations as they exercise their jurisdiction over land and fiscal management. The evaluation assessed the relevance, design, effectiveness, and efficiency of activities undertaken by CIRNAC between April 1, 2017, and March 31, 2022.
The evaluation utilized a partner-centered approach, which included a document review, 28 key informant interviews, and three case vignettes.