ARCHIVED - Evaluation of the Federal Government's Implementation of Self-Government and Self-Government Agreements - Follow-up Report Status Update as of September 30, 2011

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Action Plan Implementation Status Update Report to the Evaluation, Performance Measurement and Review Committee - As of September 30, 2011

Treaties and Aboriginal Government

Evaluation of the Federal Government's Implementation of Self-Government and Self-Government Agreements (07065)
Approval Date: 02/22/2011

Project
Recommendations
Action Plan Expected
Completion Date
Program
Response
1. Continue to work on initiatives that are currently underway to improve processes related to the negotiation and implementation of self-government agreements. Treaties and Aboriginal Government (TAG) will continue work on developing resource documents and tools such as Treaty Obligation and Monitoring System, CLCA.net, Implementation Management Framework, Guidelines, Table Review and FAPP.

Will also continue to implement the new national approach to fiscal harmonization as well as the sustainability of self-government initiative.
Ongoing Status: Underway

Update/Rationale -
As of 30/09/2011:

Implementation Branch

The Guide for Federal Implementers was approved in September, 2010, and is now posted on the AANDC website. Guides on specific subject matter are in development including: Dispute Resolution; Reviews; Annual Reports, and Commemoration. TOMS has gone live internally at AANDC and allows us to track the status of Canada's obligations. The next step is to send the information to OGD's for verification.

CLCA.net is an online system that allows departments to record and track procurement in land claims areas. AANDC posts quarterly and annual reports on its website.

The Implementation Management Framework was approved in late 2009, and is being piloted in 3 regions. It strengthens the management of modern treaty implementation across the federal government by improving coordination and decision making between departments.

Policy Development and Coordination Branch

Under fiscal harmonization, Canada is developing a new approach that will ensure that fiscal arrangements with Aboriginal self-governments are consistent, fair and transparent across the country. TAG conducted engagement meetings with Aboriginal group representatives in the Spring of 2011, and is continuing policy development work leading to completion of a federal discussion paper and a second round of engagement of meetings in early 2012.

AES: In progress as planned
2. Consider putting in place a mechanism to ensure that policies and legislation that affect the negotiation and implementation of self-government agreements support, not work against, one other. Will continue ongoing outreach to sectors as well as with the TAG negotiation teams.

TAG will explore the possibility of including a self-government lens, similar to what is in place for gender analysis and sustainability development, to be applied within the department.

TAG will work with other sectors of INAC to explore approaches in non-self-government initiatives to lessen any disincentives for Aboriginal communities to move into self-government by the application of Canada's policy on Own Source Revenue.
Ongoing Status: Underway

Update/Rationale -
As of 30/09/2011:

Implementation Branch

Implementation Branch is available and does provide support and guidance to TAG negotiators on matters concerning the implementation of modern treaties.

Policy Development and Coordination Branch

TAG continues to participate in on-going discussions to ensure consideration, in departmental proposals, of self-government negotiations and the application of Canada's Own Source Revenue policy. The Fiscal Harmonization initiative provides a further opportunity to engage on these matters with aboriginal government stakeholders.

AES: In progress as planned
3. Consider establishing a framework for dialogue with Aboriginal organizations and Aboriginal communities regarding how a common vision of self-government can be achieved and operationalized under the IRP. TAG will explore opportunities to engage with Aboriginal groups, and where appropriate National Aboriginal Organizations, regarding a dialogue on policy issues and negotiation positions, to seek greater clarity and mutual understanding of the underlying differences in respective approaches to the negotiation and implementation of self-government.

TAG will explore opportunities to engage with other federal departments on developing a common vision and approach to implementing the government-to-government relationship pursuant to Canada's policy on self-government.
Ongoing. Status: Underway

Update/Rationale -
As of 30/09/2011:

Implementation Branch

Implementation Branch has regular and ongoing contact with the Land Claims Agreement Coalition on matters concerning the implementation of modern treaties, challenges and ways to resolve them.

AANDC is the federal government representative on Implementation Committees which are composed of signatory representatives. These committees meet on a regular basis to discuss the implementation of the agreements, and facilitate resolving issues as they arise.

Implementation Branch has regular and ongoing contact with other federal departments and agencies on implementation issues such as through federal and regional caucuses.

Policy Development and Coordination Branch

While there have been discussions with the Assembly of First Nations, these have focussed on historic treaties and comprehensive claims and not self-government. This is consistent with the Canada-First Nations Joint Action Plan of June 9, 2011.

AES: In progress as planned
 
 
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