ARCHIVED - Evaluation of the Implementation of the First Nations Fiscal and Statistical Management Act (FSMA) - Follow-up Report Status Update as of March 31, 2012

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Action Plan Implementation Status Update Report to the Evaluation, Performance Measurement and Review Committee - As of March 31, 2012

Regional Operations, Chief Financial Officer

Evaluation of the Implementation of the First Nations Fiscal and Statistical Management Act (FSMA) (10014)
Approval Date: 04/19/2011

Project
Recommendations
Action Plan Expected
Completion Date
Program
Response
1. That the Chief Financial Officer review the potential, and recommend any changes necessary, to rationalize the dedicated FSMA spending authorities (and other related authorities) and to reinforce linkages with other relevant initiatives including, for example, economic development. The potential for rationalizing the spending authorities that support the implementation of the First Nations Fiscal and Statistical Management Act will be undertaken in the larger context of AANDC authority rationalization. This review will also examine the potential to reinforce linkages with other initiatives and include collaboration with other sectors. Completion: December, 2011 CFO Update
Status: Request to Close

Update/Rationale:
As of 31/03/2012:

CFO Sector will continue to support with expert advice, options and recommendations the RO sector as needed with the consolidation of their authorities.

No longer applicable based on Budget 2012 announcement.

AES: Close. This action item is no longer applicable based on the Budget 2012 announcement regarding the deficit reduction action plan.
2. Given the current operational status of the FSMA institutions that AANDC re-examine the expected results of AANDC's support and the funding required to achieve those expected results. Also work with First Nations Institutions to develop performance measurement strategies and reporting regimes in line with Treasury Board and AANDC standards, particularly with respect to roles and responsibilities, risks, targets, time lines, reporting burden and a strategy for measuring impacts on First Nation communities. Work has begun on a mandated legislative review and the re-examination of expectations for AANDC support and funding requirements will be included in this review before being tabled to each house of Parliament. Completion: March 23, 2012 RO Status: Completed – Request to Close

Update / Rationale:
As of 31/03/2012: The Legislative Review was completed and is to be tabled before the end of March, 2012.
A Performance Measurement Strategy is being developed for the FSMA with its' institutions. The Strategy will consider reporting burden on recipients and include measuring impacts of the FSMA on First Nations communities. Although it was initially scheduled to be complete in 2011-12, Regional Operations Sector will postpone its completion until 2012-2013 to ensure the inclusion of any regulatory and/or legislative changes resulting from the Legislative Review. March 31, 2013 RO Status: Underway.

Update / Rationale:
As of 31/03/2012: Work on the Performance Measurement Strategy has been put on hold pending a response on the Report to Parliament on the Legislative Review by Parliamentary Committee. Target completion date of March 31, 2013 remains.
A Risk Assessment was initiated in 2011-2012 and is currently being conducted with the Institutions, with the support and advice of Audit and Evaluation Sector, to assess the risks associated with the FSMA and its Institutions. September 30, 2012 RO Status: Completed – Request to Close

Update / Rationale:
As of 31/03/2012: As per the Mid-Year Update the work in support of the Risk Assessment Action Plan item has been completed.
The FSMA Institutions currently report against the requirements of the legislation, Treasury Board authorities and respective funding agreements. Ongoing RO Status: Recommend closing.

Update / Rationale:
The FSMA Institutions continue to report against the requirements of the legislation, Treasury Board authorities and respective funding agreements
Reporting Burdens will be assessed according to the Reducing Reporting Burden exercise being led by the Deputy Minister's Special Representative on Reduced Reporting. March 31, 2012 RO Status: Completed – Request to Close

Update / Rationale:
As of 31/03/2012: Between 2010/2011 and 2011/2012, the Department reduced the total number of reports it requires from the FSMA institutions for FSMA business from 23 to 12, for a total reduction of 11 reports. All reports requested now are required either under Legislation, or under TB authority. This includes a Corporate Plan and Annual Report from FNFA, FNTC and FMB.

AES: Close. Satisfactory progress has been made on all components except the performance measurement strategy which is scheduled be complete March 2012.
3. As part of the legislative review, that AANDC ensure that an assessment of the mandate of the FNSI is undertaken that considers the results of the environmental scan and the corporate plan vis-à-vis respecting its activities. The review should also include an assessment of progress being made towards the issuance of a bond. As part of the Legislative Review, the Regional Operations Sector and the First Nations Statistical Institute (FNSI) will ensure that an assessment of its mandate is undertaken that takes into account the plans and priorities identified as a result of the 2010 Environmental Scan and its Corporate Plan for the period 2011-2014.

The Terms of Reference for the Legislative Review will include a process for the assessment of progress being made towards the issuance of a bond under the FSMA.
Completion:
March 23, 2012
RO Status: Completed – Request to Close

Update / Rationale:
As of 31/03/2012: The Legislative Review was completed and is to be tabled before the end of March, 2012. It includes an assessment of the mandate of FNSI. The institutions recommended two minor changes to FNSI's mandate related to clarifying its role in relation to the other institutions, and including housing as a subject on which it could collect and analyze data. The Review also included an assessment of progress being made towards a bond – FNFA anticipates the issuance of an inaugural bond by November 2012.

AES: Close. This action item is no longer applicable based on the Budget 2012 announcement regarding the deficit reduction action plan.
4.That AANDC strengthen coordination with other related AANDC initiatives, including other "opt-in"; initiatives, self-government, economic development and infrastructure programming, to ensure the FSMA regime is being utilized to its maximum potential. The Regional Operations Sector will use existing government structures such as Director General Implementation and Operations Committee and Director General Policy Committee to promote synergies between departmental stakeholders. Completion:
Ongoing
RO Status: Ongoing.

Update / Rationale:
As of 31/03/2012:
Governance Branch conducted an intradepartmental meeting on the Legislative Review with Departmental stakeholders on December 19, 2011, presented at the Director General Policy Review Committee on January 11, 2012, and presented at Policy Committee on January 27, 2012. The intradepartmental and DGPRC both included discussions around potential synergies between the FSMA and other opt-in legislation.

Continued work on the Framework for the inclusion of self-governing First Nations in the FSMA is dependant on the results of negotiations with Tsawwassen First Nation. These negotiations are ongoing, and their results will form the basis of any such Framework.

As per the Government's commitment in the Federal Framework for Aboriginal Economic Development, Governance Branch is working with IMMLED and CIB to "remove legislative and regulatory barriers to economic development…and support commercial infrastructure."; The Governance Branch is working with CIB to develop a pilot project which would see a portion of the Department's infrastructure funds securitized through the FSMA, to maximize their immediate impact. This project is in the initial stages.

The Legislative Review was completed and is to be tabled before the end of March, 2012. It includes a recommendation from the FSMA institutions that the Department examine possibilities for using certification under the FSMA as proxy for requirements under other opt-in legislation such as FNLMA, or even for sections of the General Assessment.

AES: Close. Satisfactory progress has been made with regard to strengthening coordination between FSMA and other initiatives.
The Regional Operations Sector is exploring the possibility of drafting a Framework for the inclusion of self-governing First Nations in the FSMA with the FSMA Institutions. December 31, 2011
The Lands and Economic Development Sector regularly participates in FSMA meetings and information sharing with the Community Infrastructure Branch will further enhance coordination of infrastructure programming. Ongoing
The Regional Operations Sector is currently conducting an analysis of overlapping requirements in opt-in legislation within AANDC September 30, 2011
 
 
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