ARCHIVED - Evaluation of the Federal Government's Implementation of Self-Government and Self-Government Agreements - 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

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 Implementation Branch (IB)

Status: Completed

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

The Guide for Federal Implementers was approved in September, 2010, and is now posted on the AANDC website. The Guide for the Management of Alternate Dispute Mechanisms in Comprehensive Land Claims and Self-Government Agreements was approved by caucus in November, 2011 and will be posted on the AANDC website. The Guide for Reviews was also recently approved and will be posted on the website. Other guides on specific subject matter are in development including: Annual Reports and Commemoration. TOMS has gone live internally at AANDC and allows us to track the status of Canada's obligations. Phase 1, or the data integrity phase is complete and we are entering Phase 2 which will be 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. Over 1500 employees in 30 departments have been trained.

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. Its implementation is progressing well with regional caucuses established in each region. An initial survey has indicated that it is having a positive impact with other government departments.

Policy Development and Coordination Branch (PDC)

Status: Completed

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

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 developed a federal discussion paper which was presented to Aboriginal group representatives at a second round of engagement meetings in the Spring of 2012, and is continuing policy development work with a view to seeking internal review and approvals on key elements of a new framework later in 2012.

AES: Recommend to Close
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 AANDC 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 Implementation Branch (IB)

Status: Completed

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

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 (PDC)

Status:Completed

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

TAG has participated in discussions relating to ongoing developments in non-self-government initiatives to ensure that the development of initiatives is fully informed on the realities of self-government and the incentives facing communities.

AES: Recommend to Close
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. Policy Development and Coordination Branch (PDC)

Status: Completed

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

While there has been engagement with the Assembly of First Nations, these have focussed on historic treaties and comprehensive claims and not self-government. This work is consistent with the Canada-First Nations Joint Action Plan of June 9, 2011 and the Crown-First Nations Gathering Outcome Statement of January 24, 2012.

Status: Completed

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

TAG works with other government departments on the resolution of policy issues related to the negotiations of comprehensive claims and self-government and on the development of operational policies for the federal negotiators.

Implementation Branch

Status: Completed

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

Implementation Branch has met 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 continues to have regular and ongoing contact with other federal departments and agencies on general implementation issues as well as training on specific issues such as TOMS and CLCA.net.

AES: Recommend to Close

 

 
 
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