Summative Evaluation of the Specific Claims Action Plan
Approval Date: 04-25-2013
||Expected Completion Date
|1. As part of the risk assessment framework that is to be undertaken by TAG Sr. ADM (recommendation 2 of the Internal Audit Report of November 2012), include a risk strategy to manage the large number of claims that are considered "concluded" by AANDC but which have the potential to be submitted to the Tribunal or submitted as a new claim to the specific claims process. This risk strategy should be updated as decisions of the Tribunal are rendered.
||Specific Claims Branch will ensure that concluded claims which have the potential to be referred to the Tribunal, or re-submitted to the Specific Claims Branch is included in the risk assessment.
||September 30, 2013
Update/Rationale: As of 31/12/2013:
As of December 31, 2013, development of a comprehensive risk management framework related to specific claims and a risk management process has been initiated including integrating these into the corporate risk assessment. This work is being coordinated with the development of a new Performance Management Strategy for Specific Claims. Expected Completion Date: March 2014.
AES: Underway (In progress)
|2. Through discussions with First Nation leaders develop and implement a strategy to allow for greater use of mediation services.
||TAG is of the view that access to mediation has been achieved; however, parties are not making use of the better access to mediation.
TAG remains ready to meet with First Nation leaders to explain the access to mediation process and to do the same with individual First Nations who either are in negotiations or about to commence negotiations. Training sessions will continue to be provided to TAG's negotiators with training in how to effectively use mediation.
||Status: Request to Close (completed)
As of 31/12/2013:
Mediation services are in place. TAG remains ready to meet with First Nations to describe the service to them and explain the steps to gain access to it. At this time, there is one ongoing mediation.
AES: Close: Process in place to address this recommendation. TAG should continue to provide training to TAG negotiators on how to effectively use mediation as well as meet with First Nation leaders to allow for the greater use of mediation services.
|3. Put in place mechanisms that support the relationship between the Action Plan and the Additions to Reserves process.
||The ATR Policy is being amended, with the participation of the AFN. Further the Specific Claims Lands Implementation Committee has been established with members from the Specific Claims Branch and the Lands and Economic Development Sector, both headquarters and in regions, to be a forum on to identify and address issues arising from ATR opportunities arising from specific claims.
||No Update Required-Complete.
AES: Closed: The Branch has sufficiently addressed this recommendation.
|4. Address current funding for settlement of specific claims as it may be insufficient to address the expected volume of compensation that will be required.
||The Specific Claims Settlement Fund continues to be monitored closely by AANDC and, pursuant to the Access Protocol, the Department of Finance and Treasury Board to ensure sufficient funding is available to allow Canada to meet its obligations stemming from negotiated settlements and awards of the Specific Claims Tribunal.
||Status: Request to Close (Completed)
As of 30/09/2013:
On September 26, 2013, AANDC received an addition $1.35 Billion to refurbish its Specific Claims Settlement Fund.
AES: Recommend to close