Evaluation of the Process of Negotiating Comprehensive Land Claims and Self-Government Agreements - Follow-up Report Status Update as of June 30, 2014

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Action Plan Implementation Status Update Report to the Evaluation, Performance Measurement and Review Committee - As of June 30, 2014

Treaties and Aboriginal Government

Evaluation of the Process of Negotiating Comprehensive Land Claims and Self-Government Agreements
Approval Date: 2013-11-22
Project Recommendations Action Plan Expected
Completion Date
Program Response
1. Adopt a proactive policy approach to more effectively manage and respond to risks and strategically shape or influence the evolving legal framework.  A Crown / Aboriginal high leve dialogue is underway that partly aims to examine the negotiation policy framework to more effectively address section 35 rights. Further, the government’s new approach to comprehensive claims (modern treaty) and self-government negotiations provides a more risk and results-based strategic focus. In short, a proactive policy approach is being implemented in order to achieve more timely results, while also exploring strategic alternatives to address Aboriginal rights, and promote economic development and self-sufficiency. The courts consistently point toward negotiations to achieve reconciliation in the Crown/ Aboriginal relationship; and the government’s good faith conduct in negotiations is guided by the evolving legal framework. Start Date:

September 2012

Completion:
Ongoing implementation
Status: Completed - Closed

Update/Rationale:
As of 30/06/2014:

The high level joint-policy work of the Senior Oversight Committee was completed in December 2013. Recommendations were submitted in accordance with the Senior Oversight Committee Terms of Reference. On July 28, 2014, the Minister announced new policy authorities to support more flexible S. 35 tools.

The development of the Results-Based Approach to improve accountability and management of negotiation processes has been underway since September 2012. The input gathered from partners during 2012 engagement process has provided valuable input into the development of options for improvements to policies and processes. In 2013, a new regional planning approach was piloted. Lessons learned allowed TAG to integrate the approach in a revamped annual review of negotiations for 2014 and beyond.

AES: Sufficient progress made. Recommend to close. Closed.
2. Strengthen the approach to oversight and reporting. Canada’s new results-based approach to negotiations seeks to improve accountability to Cabinet, to strengthen our oversight and reporting framework through the adoption of strategic regional management plans and associated annual reports. We are also examining options to streamline existing internal approval processes in order to realize more timely results. Finally, the Federal Action Plan and Profile (FAPP), a negotiations case management system pilot, will be renovated to enhance its capacity to contribute to strategic planning, reporting and management at the individual table, regional and national level to better align resources with priorities. For example, the FAPP can be utilized to identify common impediments at negotiation tables in different regions thus enabling more effective investment of policy resources. That said, consideration of resource implications will be important when examining possible changes to reporting and oversight. AANDC will work with OGDs and CAs on strengthening the FSC and add more rigor to the oversight process. Start Date:

New Approach September 2012

Completion:
March 2014
Status:
Pending Implementation

Update/Rationale:
As of 30/06/2014:

The development of the Results-Based Approach to improve accountability and management of negotiation processes has been underway since September 2012. The input gathered from partners during 2012 engagement process has provided valuable input into the development of options for improvements to policies and processes. In 2013, a new regional planning approach was piloted. Lessons learned allowed TAG to integrate the approach in a revamped annual review of negotiations for 2014 and beyond.

The development of an elaborated FAPP called the RBIS (Results-Based Information System) database is nearing implementation which is targeted for fall 2014. The database will help inform monitoring and reporting on the negotiation processes and will track the progress over time.

AANDC continues to work closely with OGDs and CAs on strengthening the FSC processes and their input will to be valuable as options for streamlining approval and reporting processes.

AES: Report on progress in Q4.
3. Strengthen the approach to table planning. Table planning already exists through multiparty work planning, table and mandate review processes, and the use of internal federal action plans (see FAPP above) for each table to establish strategic objectives and to inform decisions on the allocation of financial and human resources to achieve those objectives. Implementation of the new approach aims to strengthen table planning with a more strategic level focus through the use of Regional Management Plans (RMPs) and associated annual reports. RMPs were piloted in 2013 within AANDC and modifications are currently being applied to address lessons learned. Finally, under the new approach Canada will introduce multi-year negotiations plans to ensure all the parties share common ground on goals and objectives, along with an annual review to reconfirm federal participation. Start Date:
September 2012

Completion:
March 2015
 
4. Implement systems to maintain documents and manage negotiations. Negotiations already utilize departmental IT systems to maintain and share documents as they evolve. However greater leveraging of technology and increased use of standard language in agreements is an element of the new approach, and will be examined as we look to improve and streamline our internal processes. The results- based focus of the new approach, with RMPs etc, will enhance our strategic management of negotiations. Streamlining efforts will further explore this while balancing effective use of O&M expenditures.

Start Date: September 2012

Completion:

March 2015

 
5. To improve results-based reporting, coordinate the ongoing monitoring of the efficiency and effectiveness of comprehensive land claims and self-government negotiations. The planned improvements to TAG’s result-based reporting capacity align with this recommendation. As noted above, implementation of the new approach will realize a number of results based reporting improvements. Complementary to the new approach will be a renovated FAPP which will utilize the efficiencies of a genuine database program. The FAPP will enable a cost effective focal point for strategic outcome planning, reporting and management, which simultaneously seeks to reduce the ad hoc and inefficient reporting burden on negotiation teams. In addition, measures are being taken to enhanced intra-negotiation / implementation branch collaboration at the working level (e.g., federal negotiators network) and senior levels to augment existing fora such as the weekly TAG Management and Senior Management meetings. Policy Development and Coordination Branch already tracks and reports on efforts to resolve regional and national table issues. Financial Management and Strategic Services Branch already tracks and reports on negotiations costs. Implementation Branch monitors fulfilment of modern treaty obligations. Leveraging this type of existing data, when coupled with other planned improvements in TAG processes, will establish a more coordinated and robust result-based reporting structure. Start Date:
September 2012

Completion:

March 2016
 
 
 
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