a) Continue to work towards:
b) Consider legislative change in the following areas:
- National ATR legislation that incorporates process and approval improvements to streamline the process and increase efficiency.
- Legislative alternatives to the current designation process, which is cumbersome, unresponsive and sets a standard that has no off-reserve equivalent.
- Recognition of some forms of modern land tenure arrangements outside of the Indian Act.
- Legislative and regulatory base for a modern land registry with possible interim arrangements with provincial land registries.
|LED is continuing an engagement process with the Assembly of First Nations (AFN) on Additions to Reserve (ATR) and associated land management issues in accordance with the November 2007 Political Agreement signed by Minister Strahl and the National Chief. The joint agenda includes determining the possibility of proposing national legislation. These discussions will include the possibility of expanding any legislative proposal to deal with the areas raised by the evaluators, and more specifically to provide an optional alternative to some of the Indian Act land management tools. Any new tools would be focussed on supporting First Nations in economic and community development and address the impediments to effective land management that exist in the Indian Act.
||On-going/dependent on the engagement process
As of 30/09/2011:
a) Achieved agreement in principle for legislative changes related to the ATR process and designation process with AFN members working with LED as part of a Joint Working Group on ATR. Development of a legislative proposal ongoing.
b) Discussion of modern forms of land tenure and modern land registry forthcoming.
|2) Examine the feasibility of broadening the reach and accessibility of the ATR and RLEMP programs through:
a) Providing for the implementation of a greater number of ATRs from policy categories other than legal obligations.
|a) As noted above, LED is continuing an engagement process with the AFN on ATR. The joint agenda includes a renovation of the ATR policy and process, which includes a review of the policy categories and how they are prioritized, and will focus on the efficiency and effectiveness of the process. The parties have noted that the current policy is not supportive of ATRs undertaken for economic development purposes in situations where the ATRs are not also Legal Obligations or Community Additions.
||A) Status: Underway
As of 30/09/2011:
a) Preliminary recommendations on how to reform the ATR policy, including revision of policy categories, have been tabled within the Joint Working Group on ATR with the AFN. Interim policy renovation incorporating a category that accommodates proposals for ATRs stemming from Specific Claim Tribunal awards is completed.
AES: This recommendation remains Open.
Progress to date is generally satisfactory. However, there is no update on the efficiency and effectiveness of the process. Nor on issues related to ATR for economic development.
|b) Extending RLEMP access to First Nations of varying land management capacities, taking into consideration INAC's Capacity Development Policy being proposed.
||b) Additional funds for the land management programs were secured through the Aboriginal Economic Development Action Plan. INAC is presently in the process of renovating the current programs in an effort to identify more efficient mechanisms to meet First Nations' requirements related to land management capacity.
|| B) Status: Ongoing
b) RLEMP continues to provide entry for an additional 20 First Nations per year. Prioritization will be given to First Nations with high volume of complex land management activities and economic development potential. Further changes to increase land and economic development capacity will be implemented as part of broader program renovations expected to be completed in 2012-2013.
|3) Increase internal capacity and effectiveness of INAC land management services through the development of clear roles and responsibilities both within LED and among stakeholders and delivery partners, appropriate classification levels, training, tools and incentives to decrease turnover.
||LED, in consultation with regions and stakeholders, will develop communications strategies and related products. An example of this is that LED partnered with the National Aboriginal Lands Managers Association (NALMA) to produce an ATR Manual for First Nations. The manual, which will be rolled out by NALMA at its October 2010 National Meeting, clarifies the roles and responsibilities of First Nations, the department and other parties in the ATR process. LED has also partnered with the Office of the Surveyor General of Canada, Natural Resources Canada (NRCan) to work with five First Nations across the country to address the survey and parcel fabric on-reserve, which is typically of a much lower quality than off-reserve and results in numerous boundary and other disputes. The objective is to develop tools and systems that will be used to assist a wider range of First Nations with survey and boundary issues. Discussions are also underway with NALMA on the possibility of providing land management training to LED staff across the country. Additional opportunities for such joint work will be explored with AFN, NALMA and/or other First Nation partners. The issue of LED classification levels and staff turnover will be discussed with regional offices as part of the reorganization activities that are occurring both in Headquarters and in Regional Operations across the country. The reorganization activities and other efforts noted above are occurring in order to develop a more coherent approach to land management as a response to the Federal Framework on Aboriginal Economic Development.
||ATR Manual set for delivery to First Nations fall/winter 2010/11
NALMA Training under review, due January 2011
As of 30/09/2011:
NALMA is currently arranging with First Nations from British Columbia to deliver training on the NALMA ATR Toolkit in the Fall 2011. Additionally, NALMA has begun research and consultation on the development of a NALMA Designation Toolkit, a companion to the ATR Toolkit designed to build First Nation capacity on designations. The toolkit and pilot training is anticipated to be completed by March 2012.
AES: Conclude on the value or stats of reorganization activities, committed in the action plan.
a) Encourage joint/multiple collaboration between First Nations with limited capacity including continued support to Aboriginal organizations (e.g. NALMA and Tribal Councils) that support and enable capacity-building among First Nations.
|a) The initiatives highlighted in numbers 1, 2 and 3 above are based on collaboration with First Nations and will provide benefits to a full range of First Nations including those with limited land management capacity. These efforts will continue as will the pursuit of additional opportunities to work collaboratively with AFN, NALMA and other First Nations organizations.
As of 30/09/2011:
a) The initiatives under (1) and (2)(a) are ongoing with full collaboration with the AFN and NALMA, including regional consultations led by the AFN and NALMA with First Nation land managers throughout Canada. NALMA has been identified as providing ongoing support by way of curriculum and other resources to roll out the results of policy and legislative proposals.
NALMA has organized a Centre of Excellence (experienced current and retired First Nation Land managers and AANDC employees) to support First Nations in a variety of land management situations.
A meeting between Community Opportunities Branch, the National Aboriginal Land Managers Association (NALMA), and the Council for Advancement of Native Development Officers (CANDO) was held September 19, 2011 to discuss synergies between land management and economic development. Further discussions and a working group will continue to research efficiencies in land management and economic development capacity building.
|b) Promote greater coordination and integration between economic development and land management functions and other INAC programs such as Capital Infrastructure.
||b) An independent study has provided evidence that the First Nations Land Management regime enables economic development on reserve. Using the current land management programs' strength, INAC is providing the opportunity to First Nations with land management experience to transition to sectoral self-governance. The Department encourages and provides incentives to communities using a Land Use Plan. In addition, the Department will be exploring the feasibility of incorporating economic development plans within a Land Use Plan. In addition, LED is working collaboratively with the department's capital infrastructure in Regional Operations and Education and Social Development Programs and Partnerships Sector, having established a working committee at the Director General level.
||b) AANDC and NRCan/SGB have been working together through an open consultative approach with the First Nation pilot project communities to develop mutually beneficial working relationships in an effort to meet the project objectives. This means meeting with each community to exchange knowledge and requirements and carrying out land survey and registry work on their reserves. The main tenet of this project approach is to develop community driven processes that can lead to sustainable land management practises.
Meetings have been held with the Surveyor General Branch and 2 First Nations with remaining meetings to be held in Q3 of 2011-2012.
A workshop will be held with all participants in January of 2012.
Alignment of Land management and economic development programming is being developed within program renovation to provide more effective and efficient funding mechanisms and capacity building for First Nation land managers and economic development officers.
AANDC is currently engaging in a Land Use Planning Pilot with up to 8 First Nations. The purpose of the pilot will be to support First Nations in building sound land and economic planning and decision making to manage the development of land for economic development
AES: Progress appears to be sustained.
|5) Improve financial data and monitor the implementation of the ATR and RLEMP performance measurement strategies.
||5) The Department develops the Performance Measurement Framework based on the Report on Plans and Priorities and the approved Performance Measurement Strategies. The financial component of the programs and the implementation of Performance Measurement Strategies will be monitored with quarterly reports and adjustments made as appropriate.
As of 30/09/2011:
The National ATR Tracking System (NATS) continues to be refined to enhance its ability to improve monitoring and measurability of performance data. Efforts are underway to explore the feasibility of using NATS to provide on demand or regular updates to First Nations on the status of their ATRs.
Work is being finalized to align the land management authority with the program renovation initiative and it is expected that the realigned program suite will be operational during fiscal year 2012-2013.
Performance measurement indicators are being re-examined with the goal of developing more accurate and informative measures. This work is being done in alignment with the LED program renovation. Performance measurement indicators continue to be assessed within the alignment of LED program renovation.
AES: Progress is slower than expected - re: improvement of the financial data reporting system and the development of the performance measurement strategy