ARCHIVED - Impact Evaluation of Contributions to Indian Bands for Land Management on Reserve - 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

LANDS AND ECONOMIC DEVELOPMENT

Impact Evaluation of Contributions to Indian Bands for Land Management on Reserve (1570-07/09068)
Approval Date: 24/09/10

Project
Recommendations
Action Plan Expected
Completion Date
Program
Response
1)
a) Continue to work towards:
  • 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.
b) Consider legislative change in the following areas:
  • 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 Status: Ongoing

Update/Rationale:
(a) and (b)

As of 31/03/2012: The Joint Working Group with AFN on ATR continues to meet every 2 weeks through March 31, 2012. The group is currently focusing on developing recommendations for ATR policy renovation by Q1 2012-2013, and the work on national ATR legislation will be informed by the work on policy renovation, including papers and case studies undertaken to analyze the issues. A work plan has been developed for 2012-2013 with a focus on legislative options for ATR, including streamlining the process and alternatives to the designation process. It is possible that legislative change in the area of land tenure and land registry may be developed under a different initiative underway on First Nations Property Ownership.

AES: Progress satisfactory and moving in the right direction – Recommend to close
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. On-going Status: Ongoing

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

(a) The Joint Working Group on with the AFN on ATR is developing recommendations for ATR Policy Renovation. This includes exploring ways to better facilitate the implementation of ATRs undertaken for Economic Development purposes. The group continues to meet every 2 weeks through March 31, 2012. Target completion for the recommendations is Q1 2012-2013. The recommendations from this group will be rolled into the ongoing internal work underway to find ways to improve the efficiency and effectiveness of the ATR process.
b) Extending RLEMP access to First Nations of varying land management capacities, taking into consideration AANDC's Capacity Development Policy being proposed. b) Additional funds for the land management programs were secured through the Aboriginal Economic Development Action Plan. AANDC 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. On-going Status: Ongoing

Update/Rationale:
As of 31/03/2012

With ongoing resources for RLEMP secured through the Aboriginal Economic Development Action Plan, AANDC continues to accept entrants into the Reserve Land and Environment Management Program. Priority is given to First Nations with a high volume of land transactions/activities and First Nations who are undertaking land management activities but require additional support related to environmental management activities. As part of program renovation, the alignment of land management and economic development programming continues to be developed.

AES: Progress satisfactory and moving in the right direction – Recommend to close
3) Increase internal capacity and effectiveness of AANDC 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
Status: Complete

Update/Rationale:
As of 31/03/2012: NALMA developed an ATR Toolkit which was completed and released in 2009-10, and has provided ATR training to First Nations in the Atlantic, Quebec, Ontario, Manitoba, Saskatchewan, Alberta and BC Regions.

Status: Ongoing

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

The Reserve Land and Environmental Management (RLEMP) Manual and Toolkit has been distributed to AANDC Regions and RLEMP First Nations providing roles and responsibilities, templates and tools.

RLEMP technical training courses on leases and permits were delivered to AANDC regional officers in Alberta and Saskatchewan between November and February.

AES: Progress satisfactory and moving in the right direction – Recommend to close
4)
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. On-going Status: Ongoing

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

As noted above, NALMA has provided ATR training to First Nations in the Atlantic, Quebec, Ontario, Manitoba, Saskatchewan, Alberta and BC Regions. Additional funding will be required to deliver further training.

AANDC continues to provide support to the National Aboriginal Lands Managers Associations and Regional Lands Associations to provide capacity building services to First Nations through training, workshops and conferences related to land and environmental management. The National Aboriginal Lands Managers Association continues to build a Centre of Excellence to provide land management support to First Nations.
b) Promote greater coordination and integration between economic development and land management functions and other AANDC 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, AANDC 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. On-going Status: Ongoing

Update/Rationale:
As of 31/03/2012

A Land Use Plan Pilot project is being conducted with 9 First Nations from across Canada. The pilot is intended to support the First Nations to develop land use planning strategies that will support economic and community development. In addition 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

AES: Progress satisfactory and moving in the right direction – Recommend to close
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. On-going Status: Ongoing

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

A Compliance Framework to measure performance indicators for RLEMP is in development.

Annual reporting requirements for First Nations under the Reserve Land and Environment Management Program have been created and included in the First Nation Reporting Guide.

AES: Progress satisfactory and moving in the right direction – Recommend to close
 
 
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