MINISTRY OF ABORIGINAL AFFAIRS BUSINESS PLAN 1999-2000 |
BUILDING RELATIONSHIPS WITH FIRST NATIONS
IN BRITISH COLUMBIA
June 1999
INTRODUCTION
The absence of treaties in most of British Columbia has resulted in unsettled aboriginal land claims throughout the province. The Government of British Columbia believes these claims should be resolved through negotiation, not litigation. The majority of British Columbians support this position. A majority of First Nations also agree that negotiation is the best way to resolve their outstanding claims.
The ministry, through the British Columbia Treaty Commission process, is negotiating treaties with First Nations and Canada that will set out the boundaries of First Nations treaty settlement lands and clarify treaty rights in order to obtain jurisdictional certainty and a stable environment for land and resource use in British Columbia.
The ministry is committed to an open negotiating process where the public and third parties are provided with opportunities to obtain information on issues of importance to them, and to express their views.
The ministry recognizes that some First Nations do not wish to participate in the tripartite treaty negotiation process. In order to address these First Nations' issues and claims, the ministry is engaged in other consultation and negotiation processes with them.
Mandate
The Ministry of Aboriginal Affairs has responsibility for resolving aboriginal claims on behalf of citizens in the Province of British Columbia. The ministry's vision is:
The ministry has four goals in keeping with its mandate and government's objective of supporting growth in the economy.
1) Resolve aboriginal land claims through treaty negotiations.
4) Lead the establishment of a national aboriginal
youth strategy.
Link to government priorities
The ministry contributes to the province's economic well being by achieving certainty with respect to land and resource use through the negotiation of treaties and other agreements with First Nations and Canada.
The ministry recognizes that investor confidence in the province rises as jurisdictional certainty is achieved. All British Columbians benefit as communities throughout the province experience growth in business development and job creation.
Through negotiated agreements, First Nations also acquire the means to build healthier and more self-reliant communities where they are able to maintain their culture and values, and thrive in today's society and economy.
Objectives
1) Resolve aboriginal land claims through treaty negotiations.
To achieve significant progress in treaty negotiations, the ministry has dedicated a substantial proportion of its resources to those treaty tables where the greatest prospect of concluding agreements exists. The ministry will seek specific mandates from government to conclude Agreements-In-Principle with Canada and four First Nations by fiscal year end. The ministry has dedicated sufficient resources to other treaty tables enabling continued progress with each of them. Consultation, communication and public education are critical components to successfully concluding treaties, and priorities will be managed in relation to pace and progress at each treaty table.
The ministry will continue with its efforts to give substance and meaning to aboriginal self-government through various agreements under negotiation. To ensure consistency and clarity in funding of self-government provisions in future treaty discussions, the ministry will continue working toward concluding negotiations on a cost-sharing agreement with Canada.
The ministry will continue working with Canada, the First Nations Summit, and the British Columbia Treaty Commission to maximize efficiencies in the treaty negotiation process. The ministry is mindful of the costs associated with settling aboriginal claims and will continue to negotiate agreements that are consistent with the Province's principle that settlements must be fair and affordable for British Columbia's taxpayers.
Upon ratification by all three Parties, the ministry will follow through with government's commitment to the Nisga'a Nation and will implement the Nisga'a Treaty. The ministry will continue negotiations with the Sechelt First Nation and Canada to conclude a Final Agreement.
2) Resolve other aboriginal claims through other negotiated agreements.
Working with the Ministry of Environment, Lands and Parks, B.C. Rail, and the Squamish First Nation, the ministry will facilitate the negotiation of an umbrella agreement regarding the Squamish Estuary.
The ministry will negotiate a settlement to the McLeod Lake claim.
The Clayoquot Sound Interim Measures Extension Agreement will be renegotiated.
The ministry will assist line ministries in addressing First Nations issues through the negotiation of interim arrangements.
The ministry will support the delegation of authority in the areas of child welfare, health and education with aboriginal groups through negotiations with three policy tables: Off-Reserve, Metis and Union of B.C. Indian Chiefs.
To ensure government consistency in consulting with First Nations following the Supreme Court of Canada decision in Delgamuukw, the ministry will establish a line ministry support unit to provide ongoing advice and assistance to line ministry personnel on the application of the Province's consultation guidelines.
3) Foster the development of economic and social opportunities for aboriginal people.
The ministry will identify specific opportunities to increase the economic and social well being of aboriginal people and their communities and work with line ministries to facilitate action in these areas.
The First Citizens' Fund was established in 1969. Interest earned on the Fund is dedicated to enhancing social, educational and economic development for aboriginal people who normally reside in British Columbia. Working with the Native Economic Development Advisory Board, the ministry will continue to administer the Fund. Through the Small Business Loan Program the ministry will assist aboriginal people in creating small businesses and new job opportunities. Through the Student Bursary Program the ministry will assist aboriginal students with their post-secondary education.
The ministry will develop a strategy for the off-reserve community, particularly the urban community.
4) Lead the establishment of a national aboriginal youth strategy.
The ministry is leading a federal/provincial/territorial working group in drafting a national aboriginal youth strategy that will guide governments in the design and delivery of aboriginal youth programs and services.
The strategy will identify potential options and recommendations regarding how aboriginal youth can become more involved in decision-making processes affecting the development and delivery of aboriginal youth programs. In addition, the options will put forward suggestions regarding how information on initiatives and opportunities for aboriginal youth can be shared among governments, the private sector, communities and aboriginal youth. The strategy will create linkages with other relevant national initiatives such as the Social Union, the National Children's Agenda and the Youth Employment Strategy.
Performance Measures
Treaty Negotiations
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY |
Negotiate Framework Agreements with First Nations in the treaty process. | Subjects
for negotiation and objectives identified.
Timetable for negotiations established. |
One Framework Agreement signed. | B.C. South Team |
Negotiate Agreements-In-Principle with First Nations involved in the treaty process. | Cost-sharing
agreement with Canada completed.
Appraisals obtained. Specific mandates obtained. Agreements-In-Principle initialed. |
Three Agreements-in-Principle complete. | Treaty Teams |
Manage implementation of closing agenda for the Nisga'a Final Agreement. | Identify
tasks to be undertaken by government agencies.
Ensure all responsibilities under closing agenda are carried out. |
All tasks completed by effective date. | Implementation Branch |
Treaty Negotiations
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY |
Implementation of Nisga'a Final Agreement | Implementation Committee begins work. | Ongoing activity. | Implementation Branch |
Negotiate a Final Agreement with Sechelt. | Final Agreement
drafting completed.
Final Agreement initialed. |
Final Agreement ready for ratification by all three Parties. | B.C. South Team |
Finalize implementation, eligibility and enrollment and ratification provisions of Sechelt Final Agreement. | Negotiate
implementation agreement.
Negotiate eligibility, enrollment and ratification agreement. Negotiate agreement on negotiation funding. |
Implementation
chapter and plan completed.
Other chapters completed. |
Implementation Branch |
Develop Sechelt Implementation Plan. | Sechelt implementation plan complete. | Plan completed in conjunction with completion of Sechelt Final Agreement. | Implementation Branch |
Negotiate a transboundary Agreement-In-Principle. | Cost-sharing
agreement with Canada completed.
Appraisal obtained. Specific mandate obtained. Agreement-In-Principle initialed. |
Transboundary Agreement-In-Principle complete. | North Interior Team |
Develop financial mandates for individual treaty negotiations. | Sixteen
financial mandates submitted to government for approval.
Instructions to Chief Negotiators prepared. |
Obtain Government
approval of financial mandates.
Provide Chief Negotiators with instructions on approved financial mandates. |
Mandates Branch |
Treaty Negotiations | ||||
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY | |
Develop province-wide policy for transboundary agreements. | Policy for transboundary agreements completed. | Obtain Government approval on policy. | Mandates
Branch
|
|
Consult with Regional Advisory Committees, Treaty Advisory Committees and third parties. | Regular
meetings held.
Provide information on status of negotiations. Input on negotiations sought. Provide feedback/response to concerns raised. |
This is an ongoing activity. | Treaty Negotiation Teams | |
Administer Line Ministry Fund to support negotiations. | Submit recommendations
on allocation of $850,000 for projects supporting treaty negotiations.
Monitor and review project outcomes. |
Treasury
Board approval obtained.
Financial reports being developed. |
Aboriginal Relations Branch | |
Negotiate a self-government cost-sharing agreement with Canada. | Discussion
paper developed.
Treaty Negotiation Advisory Committee, First Nations Summit and line ministries consulted. Government direction sought. Negotiation of agreement initiated. |
Discussion
paper complete.
Consultations concluded.
Government direction obtained. Substantial negotiations underway. |
Provincial Team | |
Develop both preliminary and final cost-sharing agreements for each treaty table. | Completion
of land evaluations.
Completion of agreements with Canada for sharing costs of specific treaty offers. |
Agreements for all tables as required. | Provincial Team |
Treaty Negotiations | ||||
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY | |
Complete, with Canada, outstanding cost-sharing procedures required for implementing land and resource provisions in the Cost-Sharing Memorandum of Understanding. | Discussion
papers developed on third party interests, federal land, fee simple land,
capital transfers, non-forestry-forgone revenue and indemnification of
loans.
Consultation with line ministries concluded. Negotiation of remaining land/resource issues initiated. |
All procedures to implement provisions of Cost-Sharing Memorandum of Understanding complete. | Provincial Team | |
Reach agreement with Canada on procedures to streamline cost-sharing calculations. | Identification,
negotiation and adoption of streamlining procedures concluded.
System for cost-sharing analysis implemented. System for appraisable land boundaries implemented. System for appraisals and procedures for net-down codes and use of current data implemented. |
Agreement
complete.
System in use.
System in use.
System in use. |
Provincial Team | |
Reach agreement with the First Nations Summit and Canada on negotiation support funding. | Negotiations on changes to negotiation support funding concluded. | Negotiation support funding arrangements renewed. | Provincial Team | |
Implement Protocol Agreement with the Ministry of Municipal Affairs and Union of B.C. Municipalities. | Complete
Memorandum of Understanding.
Complete Protocol Agreement. |
Mechanism to address agenda items in Protocol Agreement established. | Mandates Branch | |
Coordinate ministry's involvement in Union of B.C. Municipalities annual convention. | Relevant
ministry staff attends.
Ministry proactively participates in convention. |
Meetings scheduled and all necessary arrangements made. | Mandates Branch |
Treaty Negotiations | |||
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY |
Build land and resource analytical models to assist provincial negotiators. | Design and evaluate a decision support model, to support land and resource analysis. | Decision support model developed. | Information Provision Branch |
Work with the First Nations Summit, Canada and the BC Treaty Commission on measures to accelerate the treaty process. | Federal
government briefed on content of accelerated treaty model.
Consultation protocol implemented. Cost-sharing for treaty related measures with Canada negotiated. Consultation with First Nations Summit on completed agreement. Obtain government approval for Statement on Aboriginal and Crown title. Prepare for tripartite announcement on Aboriginal and Crown title. Working group with First Nations Summit and Canada to review status of implementation of B.C. Claims Task Force Report established. |
Government
approval to accelerated treaty process obtained.
Consultation discussions initiated at local tables. Government approval obtained.
Consultations complete.
Approval obtained.
Tripartite announcement made.
Working group established. |
Provincial Team |
Support
information and analysis requirements for treaty negotiations,
Cost-sharing, and implementation. |
Analysis
and information needs of lead treaty tables met.
Provide land and resource expertise to support closing agenda. |
This is an ongoing activity. | Information Provision |
Treaty Negotiations | |||
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY |
Consult with Treaty Negotiation Advisory Committee on treaty policy which may affect third parties. | Monthly
meetings arranged and facilitated by ministry staff.
Presentations made on issues being negotiated. Draft policy options reviewed. Minister of Aboriginal Affairs attends at least two meetings. |
This is an ongoing activity. | Mandates Branch |
Develop effective information provision processes and mechanisms. | Increased
participation in lead treaty table working groups.
Automated priority components of data access and integration systems. |
Crown land access mechanism established. | Information Provision Branch |
Other Negotiated Agreements | |||
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY |
Negotiate a resolution to the Squamish Estuary Plan. | Agreement-In-Principle
concluded.
Umbrella Agreement finalized and signed. Umbrella Agreement ratified. |
Umbrella Agreement complete. | Aboriginal Relations Branch |
Manage Specific/Cut-Off Claims process for B.C. | Coordinates
review by the Attorney General's ministry.
Negotiates on behalf of the Province. |
Complete
Nazko claim.
Achieve significant progress on Lax-Kw'alaams claim. Significant progress being made to fulfil obligations of Haynes Claim. |
Aboriginal Relations Branch |
Other Negotiated Agreements | |||
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY |
Administer Clayoquot Interim Measures Agreement. | Board operates in an effective manner. | Board operations remain within budget. | Aboriginal Relations Branch |
Coordinate ministry's involvement in Union of B.C. Municipalities annual convention. | Relevant
ministry staff attends.
Ministry proactively participates in convention. |
Meetings scheduled and all necessary arrangements made. | Mandates Branch |
Coordinate Delgamuukw related government consultation with First Nations. | Regular
meetings of Lands and Resources Directors Committee managed.
Government response to First Nations consultation requests coordinated. Ensured line agencies consistently applied consultation policies. |
This is an ongoing activity. | Aboriginal Relations Branch |
Economic and Social Opportunities | ||||
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY | |
Work with the Union of B.C. Indian Chiefs to develop 1999/2000 workplan and budget for Policy Table. | Workplan and budget developed that is mutually acceptable. | 1999/2000 workplan and budget, including deliverables and performance measures complete. | Mandates Branch | |
Work with the First Nations Summit to develop 1999/2000 workplan and budget for Policy Table. | Workplan and budgets developed that is mutually acceptable. | 1999/2000 workplan and budget, including deliverables and performance measures complete. | Mandates Branch | |
Work with First Peoples' Cultural Foundation to protect aboriginal languages. | Assisted
in development of a long-term funding strategy.
Corporate fundraising completed. |
Establishment of Friends of Aboriginal Languages. | Aboriginal Relations Branch |
Economic and Social Opportunities |
|||
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY |
Develop implementation plan for the Social Union Framework Agreement. | Member of
committee.
Identified official to attend meetings. |
Complete implementation plan working with Intergovernmental Relations. | Mandates Branch |
Administer the First Citizens' Fund. | Complete
re-negotiation of contract for All Nations Trust Company for Business Loan
Program.
Renew contracts with five Business
Loan Program After Care providers.
Complete negotiation of Contribution Agreement for B.C. Association of Aboriginal Friendship Centres (BCAAFC) for administration and delivery of Student Bursary and Elders Transportation Assistance Programs. Renew Contribution Agreements with 23 Friendship Centres and BCAAFC. Review audited financial statements. |
$3.75 million
in loans delivered to 125 new or expanding aboriginal businesses leading
to the creation of 300 jobs.
All Business Loan Program borrowers provided with after care services. $125,000 in student bursaries distributed to 125 students. $25,000 in grants provided to 25
organizations for elders transportation assistance.
Program Director positions supported for up to $30,000 in each Friendship Centre. BCAAFC provides agreed upon support services to Friendship Centres. |
Aboriginal Relations Branch |
Negotiate with Off-Reserve and Metis at tripartite policy tables to develop a productive interagency approach to improving the relationship and services. | Line agency
input coordinated.
Product oriented workplan in place. |
Performance measures and ongoing relationship agreed upon. | Aboriginal Relations Branch |
Economic and Social Opportunities |
|||
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY |
Provide liaison with Native Economic Development Advisory Board (NEDAB). | Provided
liaison between NEDAB and line ministries.
NEDAB provides input and advice on provincial programs affecting aboriginal economic development. Assisted Minister in appointment process to fill vacant NEDAB positions |
Line ministry
contacts provided relevant information or attended NEDAB meetings as required.
NEDAB meetings held at least four
times during the year.
At least one new Board member appointed. |
Aboriginal Relations Branch |
National Aboriginal Youth Strategy | |||
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY |
Complete development of National Aboriginal Youth Strategy and statistical profile on aboriginal youth. | Approval
of National Aboriginal Youth Strategy by Federal/Provincial/
Territorial officials and aboriginal representatives. |
Review and
approval by early September.
Forward to Ministers and Federal/Provincial/ Territorial and aboriginal senior officials. |
Mandates
Branch
(B.C. leading a Federal/ Provincial/Territorial/ Aboriginal Working Group) |
Seek approval
from Federal/Provincial/
Territorial Ministers of Aboriginal Affairs and National Aboriginal leaders. |
Approval
of National Aboriginal Youth Strategy by Ministers and Leaders.
Direction from Ministers and Aboriginal Leaders regarding National Aboriginal Youth Strategy recommendations and announcement of National Aboriginal Youth Strategy. |
Discussion
and review at meeting of Federal/Provincial/
Territorial Ministers and Aboriginal Leaders in fall, 1999. Formal announcement of National Aboriginal Youth Strategy as national initiative in fall, 1999. |
Mandates
Branch
Intergovernmental Relations Secretariat |
National Aboriginal Youth Strategy | |||
ACTIVITIES | PERFORMANCE MEASURES | TARGETS | ACCOUNTABILITY |
Develop plan for implementing Aboriginal Youth Strategy in British Columbia. | Review of
National Aboriginal Youth Strategy with line ministries to develop options
for implementing recommendations.
Establish statistical profile for aboriginal youth and compare with national averages (establish baseline comparison). Identification of priority issues and activities as part of the plan. |
Identify
contacts in relevant ministries.
Arrange quarterly meetings. |
Mandates Branch |
Determine linkages between National Aboriginal Youth Strategy and other youth initiatives/programs. | Integration of National Aboriginal Youth Strategy with other B.C. youth initiatives (such as Youth Strategy, Ministry for Children and Families). | Review list
of existing youth/aboriginal youth initiatives/programs.
Identify actions for integrating National Aboriginal Youth Strategy into other initiatives. |
|
Implement and monitor National Aboriginal Youth Strategy. | Develop
strategy for monitoring impacts of National Aboriginal Youth Strategy annually.
Review statistics annually on aboriginal youth to track profile of aboriginal youth and compare with national average. |
Annual reports to Ministers and Aboriginal Leaders on progress of National Aboriginal Youth Strategy implementation. |
EVALUATING PERFORMANCE
The activities and performance measures outlined in this business plan are based on the ministry's approved budget and staff allocation as of April 1, 1999. The ministry's ability to deliver on any of the objectives identified will depend on current resources being maintained. Other circumstances beyond our control with Canada and First Nations could also have an impact on the ministry's ability to successfully meet objectives identified. The ministry will review its performance measures prior to the development of a business plan for 2000/2001. During this review avoidable and unavoidable reasons for not meeting objectives will be identified and addressed to minimize negative impacts on objectives in the future.
MINISTRY BUDGET SUMMARY
($ thousands)
Description | 1998/1999
Estimates |
1999/2000
Estimates |
Minister's Office |
334
|
455
|
Corporate Services |
5,437
|
5,242
|
Negotiations |
12,654
|
15,493
|
Support to Negotiations |
8,506
|
7,261
|
Treaty Settlement & Implementation Costs |
2,200
|
2,200
|
First Citizens' Fund |
2,900
|
2,700
|
Totals |
32,031
|
33,351
|
Staff (Full Time Equivalents) |
152
|
185
|
Ministry Organization
OFFICE |
The Deputy Minister's
Office provides corporate leadership and direction; undertakes ministry
strategic planning and performance measurement; provides support to the
Minister; and facilitates corporate communications through the preparation
of correspondence.
|
DIVISION |
The Negotiations Division
conducts treaty negotiations; resolves outstanding specific claims; conducts
other negotiations with First Nations, Metis and Off-Reserve aboriginal
organizations; negotiates and facilitates the development of interim arrangements,
including economic and social development initiatives. This division ensures
effective input and involvement of line ministries and other agencies,
local government and third parties in negotiations; provides logistical
and operational support to regional negotiating teams; ensures government
consistency in consulting with First Nations post-Delgamuukw providing
advice and assistance to line ministries on the application of the Province's
consultation policy; and provides strategic advice to Cabinet on managing
aboriginal issues. The division is also responsible for administration
of the First Citizens' Fund and Line Ministry Fund.
|
|
Communications works to
raise public awareness and understanding of treaty negotiations and aboriginal
issues through communication planning, public information materials and
events, responding to public inquiries and requests for information and
maintaining an Internet information site. Communications also provide issues
management, media monitoring, media relations services to the ministry
and provides advice and support to the Minister and Deputy Minister.
|
SUPPORT DIVISION |
The Negotiation Support
Division develops province-wide treaty mandates and negotiating instructions
for each treaty table; manages consultation with the Treaty Negotiation
Advisory Committee and the Union of British Columbia Municipalities; prepares
provincial treaty settlement legislation; negotiates implementation plans
and manages the closing agenda for treaties; and ensures all relevant obligations
undertaken by B.C. are discharged by the effective date of treaties. The
division provides support to treaty tables by providing land and resource
data information and manages a Common Land Information Base fund available
to line agencies to capture and integrate land and resource data in support
of treaty negotiations and the Province's response to Delgamuukw.
The division negotiates federal/provincial cost-sharing arrangements for
treaties; represents the Province in discussions on treaty process issues
with the B.C. Treaty Commission, federal government and the First Nations
Summit; provides provincial negotiators with advice on a wide range of
issues under negotiation; conducts negotiations with the Union of B.C.
Indian Chiefs, First Nations Summit and Interior Alliance on issues of
mutual importance; develops and manages government-wide aboriginal policies;
provides strategic advice to Cabinet; and provides support and advice to
other government ministries and agencies as they develop and implement
policies and programs related to aboriginal people.
|
DIVISION |
The Management Services Division provides services to the Ministry of Aboriginal Affairs (and to the Ministry of Women's Equality) in the following areas: administrative; financial; human resources including payroll and employment equity; information systems; records management; and freedom of information and protection of privacy. |