ARCHIVED - Impact Evaluation of the Treaty Commissions - 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

Impact Evaluation of the Treaty Commissions (2008040)
Approval Date: 24/02/2010

Project
Recommendations
Action Plan Expected
Completion Date
Program
Response
1. It is recommended that INAC pursue implementation of the historic treaty relationship and the development of a policy framework that will contribute to reconciliation and a revitalization of treaty relationships. INAC will pursue policy options and the development of a policy framework for implementing the historic treaty relationship. Examination started in January 2010

TAG will provide an update on the progress of the policy analysis by January 2011
Status: Underway

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

The Assembly of First Nations (AFN) has held two historic treaty roundtables to obtain Treaty First Nation input on the implementation of the historic treaty relationship. The latest AANDC/AFN technical working group meeting was held on October 24, 2011.

Internal AANDC developmental initiatives, consistent with the June 9, 2011 Canada-First Nations Joint Action Plan reference to historic treaties, are underway.

Continuing to work with partners (AFN)

AES: Progress continues. Recommend to close.
2. It is recommended that INAC follow up on its commitment to the Office of the Treaty Commissioner (OTC) for Saskatchewan, and table a response to the 2007 OTC report entitled, Treaty Implementation: Fulfilling the Covenant. INAC will provide a response to the OTC regarding their report Treaty Implementation: Fulfilling the Covenant. The response was released in March 2010 Status: Completed

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

Response was released in March 2010.

AES: Close – Fully Implemented
3. It is recommended that INAC work in partnership with the Assembly of Manitoba Chiefs (AMC) to examine the governance structure of the Treaty Relations Commission of Manitoba (TRCM) with a view to establishing a neutral body to provide the commission with policy direction. Over the past fiscal year, discussions were held with representatives of INAC, the AMC, and TRCM as to how best to improve the governance structure relating to the functioning of TRCM. It was decided to reinstitute the Operational Management Committee (OMC) as a means to provide ongoing advice to TRCM regarding priorities, planning and budgeting. The OMC is constituted with representatives of INAC, AMC, and TRCM. OMC was reinstituted in January 2010 Status: Completed

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

OMC was reinstituted in January 2010





AES: Closed – Fully Implemented
4. It is recommended that INAC improve program management and efficiencies by:

1) ensuring timely processing of contribution payments to the Treaty Commissions; and
1) In 2009-10, the Treaty Relations Directorate placed increased focus on improving the timely processing of contribution payments to Treaty Commissions and provincial/territorial First Nation organizations. Action taken included a two-day workshop with representatives of Treaty Commissions, Treaty Tables, and INAC. The workshop resulted in a mutually agreed upon approach for working together to ensure more timely processing of contribution payments to Treaty Commissions. 1) April 2010 Status: Request to Close

Update/Rationale:
As of 31/03/2011:

4.1) A funding workshop held with the Treaty Commissions, Tables and PTOs in October 2009, resulting in alleviation of cash-flow problems.

2) exploring the possibility of allowing the Treaty Commissions to have access to funding from other federal government departments. 2a) The Treaty Relations Directorate will work to ascertain whether or not the Treaty Commissions, in their current form, are eligible to receive any form of funding from federal government departments or agencies other than INAC. 2a) May 2010 4.2a) It has been confirmed that current stacking provisions do not prevent access to funding from other federal departments and agencies.
2b) If it is confirmed that the commissions cannot access non-INAC federal government funding, then Treaty Relations Directorate will explore the feasibility of changing the status of the commissions in such a way that they would be eligible for additional funding. 2b) March 2011 4.2b) The fact the Commissions are accountable in part to the Minister of INAC in key operational areas relating to work plans and financial requirements and that the Commissioners are also jointly responsible to the Minister of INAC and the Grand Chief of the AMC and the Chief of FSIN means that they enjoy the degree of autonomy from government sufficient for it to be an independent third party and eligible for receipt of transfer payments such as grants and contributions from other government departments as per the Policy on Transfer Payments.

AES: Closed – Fully Implemented
5. It is recommended that INAC continue exploratory discussions respecting the feasibility of establishing treaty commissions in other parts of Canada, taking the findings and conclusions of this evaluation into account. INAC currently has the authority to pursue exploratory discussions with First Nations on the possible establishment of Treaty Commissions. Subject to outcomes of these discussions, and upon agreement with First Nations, to jointly recommend the establishment of a treaty commission, INAC would seek a mandate to negotiate the establishment of Treaty Commissions in other regions of Canada. Ongoing

Exploratory discussions are well underway in Alberta and Ontario. Other exploratory discussions will be considered in the future, subject to a request from First Nations and the availability of resources.
Status: Request to Close

Update/Rationale:
As of 31/03/2011:

As per the recommendation exploratory discussions are continuing in Ontario and Alberta.





AES: Closed – Fully Implemented
 
 
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