ARCHIVED - Summative Evaluation of the Implementation of the First Nation Oil and Gas and Moneys Management Act - 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

Lands and Economic Development and Resolution and Individual Affairs

Summative Evaluation of the Implementation of the First Nation Oil and Gas and Moneys Management Act (2009087)
Approval Date: 05/14/2010

Project
Recommendations
Action Plan Expected
Completion Date
Program
Response
1. Based on the evaluation findings, INAC (specifically IOGC) should determine the feasibility of continuing with the implementation of the oil and gas management portion of FNOGMMA. Lands and Economic Development (LED)/IOGC will prepare materials to engage in a Senior Policy discussion on the options and feasibility of continuing with the implementation of the oil and gas management portion of FNOGMMA. Presentation to the Senior Policy Committee June 22, 2010 Status: Close

Update/Rationale:
As of 30/09/2010:


Presented material and engaged in discussions with Senior Policy Committee on June 22, 2010. Their recommendation was to summarize material and continue the discussion with the Minister which is anticipated in October – November.

AES: Recommend closure but further decisions pending and reflected in the following recommendations.
2. Before further implementation of the oil and gas management portion of FNOGMMA and to inform future implementation of the moneys portion of FNOGMMA, INAC should build on the evaluation findings and address the following targeted issues:

a) The needs of provinces for their participation in the implementation of FNOGMMA (specifically IOGC).

b) mprove its understanding of First Nation priorities and interests with respect to oil and gas management on reserves, the risk and benefits to First Nations opting into the FNOGMMA, and the relationship between FNOGMMA and the modernization of the Indian Oil and Gas Act as well as potential litigation as an alternative to FNOGMMA (specifically IOGC).

c) Take into consideration the lessons learned and best practices (particularly related to readiness, capacity development, and governance) of other optional legislation, including the First Nation Land Management Act, the First Nation Commercial and Industrial Development Act, and the First Nation Fiscal and Statistical Management Act (Individual Affairs Branch (IAB) and IOGC).
a. IOGC will engage the oil and gas producing provinces to confirm procedural or legislative changes required to facilitate the continued implementation of the oil and gas component of FNOGMMA.

b. IOGC will conduct outreach to interested First Nations as well as actively promote the availability of the oil and gas management component to other First Nations that may be interested to gauge interest and potential uptake as well as to identify both benefits and potential issues that First Nations may foresee. Key to this outreach:

  • is the explanation of the new Indian Oil and Gas Act regime under development – that it is more prescriptive than the current regime with much less room to exercise discretion; and

  • are enhancements / legislative changes, which are contemplated.
Confirm with oil and gas provinces by June 15, 2010

Active outreach and promoting to oil and gas First Nations that may be interested over summer of 2010.
Status: Underway

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

2a-IOGC currently engages with provincial officials on various oil and gas related issues. Further engagement with the Province of Alberta is required following further implementation analysis in Winter 2011-2012. This includes developing technical amendments and policy improvements to create a more sustainable regime.

2b- Following the Winter 2011-2012 implementation analysis, outreach to oil and gas producing First Nations will be conducted to determine the readiness of interested First Nations. At present, two unsolicited BCR's from Onion Lake First Nation and Beaver Lake Cree Nation have been received requesting entrance into the oil and gas component of FNOGMMA.

2c-
LED- Some informal discussions have been held regarding lessons learned and possible legislative amendments. Further analysis to be conducted during Winter 2011-2012.

RIA- A 2-day workshop was held in Fall 2011 to explore options for effective implementation of the moneys component of FNOGMMA. Further research into this area is ongoing.

AES: In progress but delayed.
c. IOGC and Indian Moneys, Estates and Treaty Annuities (IMETA) will conduct an analysis of the other optional legislative programs to learn and understand if there are related ‘lessons learned' or ‘best practices', which can be used and transferred to the delivery of the moneys management and or the oil and gas management portions of FNOGMMA. March 31, 2011
3. INAC (IAB and IOGC, if applicable) should develop a process for assessing the specific capacity needs of individual First Nations as well as risk factors that could affect their completion of the FNOGMMA process. This process should also include a method to develop mitigation strategies related to the identified capacity needs and potential success factors of individual First Nations. IOGC has developed a document entitled ‘Governance and Operational Guideline for Developing a Business Plan' as part of the Oil and Gas Implementation Policy. Additionally, IMETA (IAB) developed a document entitled "FNOGMMA Moneys Management Implementation Policy" which contains a process and criteria for assessing financial management capacity of a First Nation.

IOGC and IMETA will review and update their respective Implementation Policies as needed to include the specific capacity needs of First Nations and address the risk and success factors that could affect individual First Nation completion of the FNOGMMA process; and a method to develop viable mitigation strategies.
Preliminary Review for input into a Memorandum to Cabinet completed by June 30, 2010

Detailed Review completed by
October 2010
Status: Underway

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

LED- Following the Winter 2011-2012 analysis of the effectiveness of implementation of FNOGMMA, policy proposals will be completed.

RIA- Following the Winter 2011-2012 analysis of effective implementation of FNOGMMA, IOGC and IMETA will update their respective implementation policies as required.

AES: Delayed.
4. INAC (Individual Affairs Branch and IOGC if applicable) should incorporate FNOGMMA's long-term outcomes (particularly related to the broader economic, governance and capacity outcomes) and more details on program activities and outputs into a performance measurement strategy, which should then be implemented to track the performance of the program. Only if the objectives of the moneys and the oil and gas portions of FNOGMMA are dramatically different, should INAC consider separate authorities for the two components. IOGC and IMETA will develop a Performance Measurement Framework for FNOGMMA. This will include a logic model and performance measurement indicators for the desired outcomes and outputs, taking into account any program changes resulting from the previous recommendations. Completed and integrated into TBS document January 31, 2011 Status: Underway

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

LED- Following the Winter 2011-2012 analysis of effective implementation of FNOGMMA, a Performance Measurement Framework for FNOGMMA will be completed.

RIA- Following the Winter 2011-2012 analysis of effective implementation of FNOGMMA, a Performance Measurement Framework for FNOGMMA will be completed.

AES: Delayed. Need new date.
 
 
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