CIRNAC - Treaties and Self-Government Implementation Report (2018-2023)

FIVE YEAR REPORT ON THE IMPLEMENTATION OF MODERN TREATIES AND SELF‑GOVERNMENT AGREEMENTS

April 2018 – March 2023

PUBLICATION INFORMATION

CATALOGUE NUMBER: XXXX-XXXX-XXXX-XXXX

ISBN: XXXX-XXXX-XXXX-XXXX

MINISTER’S MESSAGE

On behalf of Crown-Indigenous Relations and Northern Affairs Canada, I am pleased to present the 2018–2023 Report on the Implementation of Modern Treaties and Self-Government Agreements.

Recognizing that modern treaties and selfgovernment agreements are a means through which Indigenous peoples can exercise their inherent right to self-determination and self-government, Canada is dedicated to ensuring their successful implementation. Modern treaties and selfgovernment agreements establish a mutually agreedupon and enduring framework for reconciliation and ongoing relationships between the Crown and Indigenous peoples, founded in the honour of the Crown. Implementing treaties is a shared responsibility among Canada, Indigenous peoples, provinces, and territories. Canada is committed to continue moving forward on the path of reconciliation and building stronger and enduring nation-to-nation, Inuit-Crown, and government-to-government relationships based on respect, recognition of rights, cooperation, partnership and inclusion.

Collaboratively, the Government of Canada, Indigenous partners, provinces and territories, continue to implement 26 modern treaties, 18 of which include self-governing provisions or have associated self-government agreements, as well as 3 stand-alone self-government agreements, 6 sectoral education agreements and 2 governance agreements. Canada is also negotiating with over 230 Indigenous communities across the country to advance the recognition of Indigenous rights and support Indigenous self-determination and First Nations communities in moving away from the Indian Act by implementing their visions of self-government.

This report describes concrete actions, undertaken from April 2018 to March 2023, to implement modern treaty and self-government agreements. Full and fair implementation of the obligations by

all parties are key to strengthened and sustained relationships with modern treaty and self-governing Indigenous partners. It is essential that Canada keep the promises it has made in modern treaties and self-government agreements. This commitment is fundamental to righting historical wrongs, rebuilding trust, and maintaining good relationships with Indigenous partners. In pursuit of fulfilling promises, Canada will not take narrow, technical approaches to interpretation and will instead take a broad, purposeful approach to achieve implementation in a way that fulfills the shared intention of the parties and upholds the honour of the Crown. Since 2018, there has been a remarkable increase in awareness and acceptance of Canada’s responsibilities across federal departments and agencies.

Finally, we must recognize the inspiring work of modern treaty and self-governing Indigenous partners. Indigenous leaders from all modern treaty and self-governing Indigenous groups in Canada are engaged in remarkable work to enhance socioeconomic outcomes, environmental stewardship, local economies and governance, leading to stronger foundations for self-determination. I strongly encourage all Canadians to take the time to inform themselves about these treaties and agreements, and familiarize themselves with the work of Indigenous partners.

While progress has been accomplished, profound transformative changes are still required to continue advancing reconciliation and strengthening our relationships with Indigenous peoples. Canada is committed to continue working collaboratively on the implementation, in intent and spirit, of modern treaties and self-government agreements, to build a future in which Indigenous peoples and governments will thrive.

The Honourable Marc Miller, P.C., M.P. Minister of Crown-Indigenous Relations

EXECUTIVE SUMMARY

Reporting on the status of Canada’s obligations by all federal departments and agencies is stipulated by the 2015 Cabinet Directive on the Federal Approach to Modern Treaty Implementation. The Five-Year Report on the Implementation of Modern Treaties and SelfGovernment Agreements provides a description of the progress made since the July 2015 – March 2018 Provisional Report, and describes concrete actions taken to implement modern treaty and selfgovernment agreements. It also provides an analysis of the implementation status of the Government of Canada’s obligations under the existing 26 modern treaties, 18 of which include self-governing provisions or have associated self-government agreements, as well as 3 stand-alone self-government agreements, 6 sectoral education agreements and 2 governance agreements.

The Report draws upon multiple sources to present activities, programs, and initiatives that were put in place by federal departments and agencies and that help achieve the six co-developed and agreed-upon common objectives of modern treaty implementation: culture, language and heritage, economic development, environment, governance/ relationships, land and resources management, and social development.

Part I of the Report covers policy co-development with modern treaty and self-government partners. Of note is the approval of Canada’s Collaborative Modern Treaty Implementation Policy by Cabinet in February 2023. This policy was co-developed with the goal of improving intergovernmental relationships, advancing the objectives of modern treaties, and fulfilling modern treaty obligations in accordance with the Honour of the Crown. As such, it provides direction to public servants in forging intergovernmental relationships, while also creating supporting tools and outlining commitments to future work, all of which are designed to advance the evolution of a transformational shift towards genuine reconciliation. It establishes a permanent Intergovernmental Leaders’ Forum, an Intergovernmental Policy Circle, as well as specific direction to federal officials to implement modern treaties in a way that upholds the honour of the Crown

by fulfilling their modern treaty obligations in a broad and purposeful manner, advancing modern treaty objectives, and strengthening intergovernmental relationships.

Part II assesses efforts in the implementation of the 2015 Cabinet Directive, including training offerings, the monitoring of modern treaty obligations, and the 2020 Evaluation of the Cabinet Directive. In Part III, detailed initiatives and collaborative efforts across federal departments and agencies are highlighted.

Part IV of the Report covers treaty negotiations reform and recently signed agreements. Canada and its partners successfully negotiated three agreements including the Anishinabek Nation Governance Agreement, the First Nations Education Steering Committee Education Agreement for Cowichan Tribes, Lil’wat Nation, ʔaq’am, and Seabird Island, and the Whitecap Dakota First Nation voted in favour of self-government with the agreement expected to take effect in the fall of 2023.

Part V of the Report looks forward to ongoing initiatives and the work ahead to continue implementing modern treaties and self-government agreements effectively and through a whole-ofgovernment approach.

Throughout? the Report, it is concluded that while numerous concrete actions have been accomplished across the federal government, and new policies have been put in place to support implementation, significant work is still needed across all federal departments and agencies. Challenges such as limitations in existing policy guidance, coordination and oversight remain, and profound changes including behavioural shifts in the federal public service, improvements to the effectiveness of implementation mechanisms, and improvements to oversight and accountability are needed to advance on the path of reconciliation.

Canada is strongly committed to continue working collaboratively, transparently and respectfully with Indigenous partners to ensure that they can implement their own vision of self-government and build a thriving future for generations to come.

INTRODUCTION

No relationship is more important to Canada than the one with Indigenous peoples. Canada is dedicated to achieving a profound shift in the relationship between the Crown and First Nations, Inuit, and Métis — a relationship based on the recognition of rights, respect, cooperation, and partnership.

Treaties, treaty-making and the recognition of Indigenous self-government are foundational to the establishment of Canada. Section 35 of Canada’s Constitution Act, 1982, recognizes existing Aboriginal and treaty rights of Indigenous people in Canada. Modern treaties and self-government agreements are arrangements through which Indigenous people may exercise their inherent right of self-government and self-determination. Modern treaties are constitutionally protected under section 35 of the Constitution Act, 1982, carry the force of law, and are fundamental elements of Canada’s constitutional fabric. The Government of Canada works to advance reconciliation with Indigenous people across the country by forging new relationships based on recognition of rights, respect, cooperation, and partnership and collaboration to ensure successful

implementation of modern treaties and selfgovernment agreements. Canada and Indigenous Modern Treaty and Self-Government partners are committed to a future where Indigenous peoples have stable governance and social systems and strong economic foundations on which their unique identities and cultures can thrive as they grow and prosper. Modern treaties and self-government agreements provide an important framework for the revitalization of Indigenous laws and governance. This includes the ability of Indigenous partners to structure and govern themselves according to their cultures, values, and heritage and to reflect their evolving needs and priorities. This work is intended to support the development of healthy, safe and resilient Indigenous communities and contribute to a positive outcome for all Canadians.1 Canada and Indigenous partners recognize that the objectives articulated in modern treaties and self-government agreement will not be achieved unless the obligations articulated are fully implemented and consistent with their spirit and intent.

1 For more information on Nation Building in Canada, please refer to Annex A.

The 2015 Cabinet Directive on the Federal Approach to Modern Treaty Implementation stipulates a wholeof-government approach to implementing modern treaties and defines the roles and responsibilities of the federal government. It establishes an operational framework to manage the Crown’s modern treaty obligations and requires all federal departments and agencies to report on the status of their obligations on an annual basis by contributing to a Report.

This Report on the Implementation of Modern Treaties and Self-Government Agreements, which combines five fiscal years, from April 1, 2018 to March 31, 2023, describes and analyzes the implementation status of the Government of Canada’s obligations under the existing modern treaties, self-government

agreements, and sectoral agreements.2 These treaties and agreements span six provinces and all three territories, covering over 40% of Canada’s land mass.3 This Report draws upon multiple sources to present activities, programs, and initiatives that were put in place and that help achieve the six codeveloped and agreed-upon common objectives of modern treaty implementation: culture, language and heritage, economic development, environment, governance/relationships, land and resources management, and social development.4

2 For a complete list of modern treaties, self-government agreements and sectoral agreements, please refer to Annex B.

3 For a map of modern treaties and self-government agreements, please refer to Annex A.

4 Additional information on the common objectives is available in Annex C.

PART I: POLICY CO‑DEVELOPMENT WITH MODERN TREATY AND SELF‑GOVERNMENT

PARTNERS

For Canada to fulfill its obligations under modern treaties, a whole-of-government approach is necessary. All federal public servants must understand and meet their obligations, roles, and responsibilities in fulfilling Canada’s treaty obligations, advancing treaty objectives, and strengthening intergovernmental relationships. The 2018–2023 period was marked by extensive work between Canada and Modern Treaty and Self-Governing partners to co-develop new, innovative policies to support Indigenous self-determination and reinforce Canada’s commitment to the implementation of modern treaties.

Canada’s Collaborative Modern Treaty Implementation Policy

Indigenous Modern Treaty partners have long called for a strengthening of the federal implementation of Modern Treaties. Since 2003, the Land Claims Agreements Coalition (LCAC) has advocated for the federal government to put new policy tools and accountability mechanisms in place, including the development of a ‘model’ federal Modern Treaty Implementation Policy in 2008. Partners have further advocated for establishing an independent body to oversee government-wide implementation activities and provide unbiased recommendations to Parliament.

In 2017, the LCAC introduced a proposal to establish a Modern Treaties Implementation Review Commission (MTIRC) within the Office of the Auditor General, with the purpose of holding the government accountable to Parliament for its implementation of modern treaties. The objectives of this body would be to review government actions in relation to modern treaty relationships and the specific legal obligations contained in modern treaties. Improving the meaningful implementation of both the overarching and concrete elements of modern

treaties, which embody and codify constitutional relationships between Indigenous groups and the Government of Canada, should create confidence that Canada is committed to a renewed relationship with modern treaty partners.

In early 2021, CIRNAC undertook a series of workshops with modern treaty partners to unpack the MTIRC proposal. In the Fall of the same year, the Minister of Crown-Indigenous Relations received a new mandate letter that included a commitment to “work in partnership on the implementation of the spirit and intent of treaties, and land claim and selfgovernment agreements with appropriate oversight mechanisms to hold the federal government accountable.” Pursuant to that commitment, the Implementation Policy Working Group was created with Modern Treaty Partners and mandated to codevelop an implementation policy and appropriate oversight mechanisms.

In 2022–2023, CIRNAC and Modern Treaty partners worked together to co-develop Canada’s Collaborative Modern Treaty Implementation Policy, with the goals of improving intergovernmental relationships, advancing the objectives of modern

treaties, and fulfilling modern treaty obligations in accordance with the Honour of the Crown. The policy was approved by Cabinet in February 2023. It provides direction to public servants in forging intergovernmental relationships, while also creating supporting tools and outlining commitments to future work, all of which are designed to advance the evolution of a transformational shift towards genuine reconciliation. It is also part of Canada’s commitment to advance work with Indigenous partners to implement the aims and objectives of the United Nations Declaration on the Rights of Indigenous Peoples

Some key tools essential for bringing the new policy into effect and transforming Canada’s approach to implementation include an Forum with the Prime Minister, Indigenous Modern Treaty and Self-Governing leaders and federal ministers, an Intergovernmental Policy Circle, as well as specific direction to federal officials to implement modern treaties in a way that upholds the honour of the Crown by fulfilling their modern treaty obligations in a broad and purposeful manner, advancing modern treaty objectives, and strengthening intergovernmental relationships.

“This year, the Lands Claims Agreements Coalition (LCAC) celebrates 20 years of Canada’s some 20+ Inuit and First Nations Modern Treaty nations working together to have the Government of Canada adopt a Modern Treaty implementation policy. The Coalition has been persistent and steadfast in making this policy come to fruition with the Government of Canada, and we are optimistic it will serve its intended purpose of significantly improving how Canada upholds the spirit and intent in implementing each of our unique and diverse Modern Treaties across Canada.”

— Eva Clayton, President, Nisg̱a’a Nation and Co-Chair, Land Claims Agreements Coalition | Land Claims Agreements Coalition, February 28, 2023, Ottawa, ON

Inuit-Crown Partnership Committee

The Inuit-Crown Partnership Committee was created in 2017 and is founded on the principle that an equal partnership between Inuit and the Crown is essential to the reconciliation process. The Committee meets three times a year and is chaired by the President of Inuit Tapiriit Kanatami and the Minister of CrownIndigenous Relations, and once a year by the President of Inuit Tapiriit Kanatami and the Prime Minister. Permanent members include elected Inuit leadership from the Inuvialuit Regional Corporation, Nunavut Tunngavik Incorporated, Makivvik, and the Nunatsiavut Government, the Presidents of Inuit Circumpolar Council Canada, the National Inuit Youth Council, and Pauktuutit Inuit Women of Canada, as well as federal Cabinet ministers. The ICPC advance work on shared priorities:

• Inuit-Crown land claims implementation

• Inuit Nunangat policy

• Inuktut revitalization, maintenance, and promotion

• Reconciliation measures

• Education, early learning, and training

• Health and wellness

• Environment and climate change

• Housing and infrastructure

• Economic development and procurement

• Legislative priorities

In 2020, the ICPC land claims working group advanced both the development of a Modern Treaty Implementation Policy and the creation of a Modern Treaties Implementation Review Commission, as described above, as its priorities.

Other key accomplishments during the reporting period included:

• co-development of the Inuit Nunangat Policy;

• release of the Inuit Nunangat Housing Strategy;

• endorsement of the Inuit Tuberculosis Elimination Framework; and

• co-development and release of the Indigenous Early Learning and Child Care Framework.

“Since the last meeting of the Inuit-Crown Partnership Committee with Prime Minister Justin Trudeau in March 2020, the world has changed, and the relationships built through this collaborative process have been essential in mobilizing emergency support for Inuit across Canada. This partnership remains key to our success in achieving our shared goals for the creation of equity between Inuit and other Canadians.”

During the 2020–2021 and 2021–2022 fiscal years, discussions also focused on the impact of the COVID-19 pandemic in Inuit Nunangat. The pandemic has highlighted existing economic and social inequalities, including food security and the infrastructure gap, which make Inuit Nunangat communities uniquely vulnerable.

Inuit Nunangat Policy

Since 2017, the Inuit-Crown Partnership Committee (ICPC) and the Government of Canada worked closely together to create a more prosperous Inuit Nunangat. On April 21, 2022, the Inuit Nunangat Policy was endorsed by the Government of Canada and Inuit leaders, which marked the first time that the Government has co-developed an overarching, whole-of-government policy of this nature.

The Inuit Nunangat Policy recognizes Inuit Nunangat — the Inuit homeland — as a distinct geographic, cultural, and political region, encompassing the Inuvialuit Settlement Region, Nunavut, Nunavik, and Nunatsiavut. The policy is inclusive of urban areas where Inuit reside. It will help guide the design, development, and delivery of all new or renewed federal policies, programs, services, and initiatives that apply in Inuit Nunangat or benefit Inuit.

The endorsement of the Inuit Nunangat Policy is an important step toward supporting Inuit selfdetermination and ensuring meaningful, Inuit-led solutions to the distinct issues faced by Inuit. In the future, through the ICPC, Canada will continue to work with Inuit leadership to build a renewed InuitCrown relationship and advance reconciliation based on affirmation of rights, respect, and partnership.

Procurement Opportunities for Inuit Firms

On behalf of the federal government, PSPC co-leads two of the six targeted outcomes identified by the Inuit-Crown Partnership Committee within the Economic Development and Procurement priority area:

• Inuit are partners in co-developing the modernization of the Government of Canada’s Indigenous procurement policies and supports; and

• Inuit firms have priority to Government contracts consistent with the obligations and objectives of Inuit Land Claims Agreements.

To support the achievement of these outcomes, PSPC meets with representatives of all four Inuit modern treaty rights holders on a biweekly basis. This work is also supported by Inuit and federal caucus meetings. Ongoing collaboration has resulted in the creation of a co-developed work plan that identifies activities and deliverables to support the achievement of the targeted outcomes, such as conducting data, policy, and gap analyses on existing or future procurements, and developing guidance on how each region would like Outcomes 1 and 2 to be accomplished in relation to the unique procurement provisions.

Canada’s Collaborative Self-Government Fiscal Policy

Following over two years of co-development between Canada and representatives from 25 SelfGoverning Indigenous Governments (SGIG) , Canada’s Collaborative Self-Government Fiscal Policy was concluded in December 2018. This policy establishes a transparent funding model to better support selfgovernment agreements and modern treaties with self-government provisions, and establishes a new fiscal relationship between Canada and SGIGs which focuses on the actual expenditure needs5 of selfgovernments, rather than linking funding to previous

5 Expenditure need is a measure of the estimated cost of performing a set of services, functions or activities to meet a set of responsibilities, based on comparative measures or standards.

— President Natan Obed, Inuit Tapiriit Kanatami Inuit-Crown Partnership Committee, April 8, 2021, virtual meeting.

levels under the Indian Act. This includes specific expenditure-related methodologies for governance, capital asset major repair and replacement, a framework for addressing social wellness gaps, principles for future work on addressing culture, language and heritage, and interim approaches on lands and resource management, as well as their own source revenue.

Collaborative Fiscal Policy Development Process

Through the Collaborative Fiscal Policy Development Process, Canada and representatives from SGIGs have worked together to co-develop Canada’s Collaborative Self Government Fiscal Policy. The Process has remained in place after the signature of the policy to support its implementation, and includes regular meetings of key working groups, involving over 150 SGIG representatives, 90 federal staff and impacting over 38,000 individuals from SGIG communities. During the 2022-2023 fiscal year, the Process expanded to include another new SGIG. This process has continued to strengthen relationships and trust between Indigenous governments and the Government of Canada and across Indigenous governments themselves.

Over the 2022-2023 fiscal year, fiscal policy work has continued in the areas of capital infrastructure, language revitalization and land management:

• Capital infrastructure: Canada and selfgoverning partners have completed a first stage policy approach to ensure adequate lifecycle capital and operations and maintenance funding for existing core community infrastructure assets in every self-government community. Work continues on the development of a community infrastructure proxy model designed to establish the capital core funding levels for required (as opposed to existing) infrastructure as informed by benchmarks established in communities of comparable size and circumstance.

• Language revitalization: Canadian Heritage and CIRNAC have worked closely with SGIGs on the development of an expenditure need model for this responsibility - an area which lies at the core of Indigenous Governments’ interests in self-determination.

• Land management: SGIGs and Canada have worked together to identify and measure the key policy elements required to establish a land management expenditure need model.

The Collaborative Fiscal Policy Development Process also includes a shared focus on working towards closing socio-economic and wellness gaps. Tailored initiatives, supported with funding from Budget 2018 continue with on-going evaluation and reporting to assess progress. One project of note is the Indigenous Data Toolkit6 and its enhanced supports which has assisted self-governing Indigenous governments build data collection and management capacity on the ground within each community.

6 DGMT - Data Governance & Management Toolkit | (indigenousdatatoolkit.ca)

COVID-19 Working Group

The COVID-19 working group arose from the Collaborative Fiscal Policy Development Process to provide an effective and efficient medium for Canada and Modern Treaty and Self-Governing partners to respond to COVID-19-related impacts in Indigenous communities. Along with 28 Modern Treaty and SelfGoverning partners, Crown-Indigenous Relations and Northern Affairs Canada, Indigenous Services Canada, and the Public Health Agency of Canada regularly attended the working group meetings. They were occasionally joined by Finance Canada, the Canada Mortgage and Housing Corporation, Innovation, Science and Economic Development Canada, and Export Development Canada.

Upon creation of the working group, weekly one hour video-conference calls were held, which enabled Canada to provide the most current information on federal and provincial/territorial COVID-19 supports for Modern Treaty and Self-Governing partners, take input on these COVID-19 response initiative gaps for further enhancements, and receive updates from partners on specific COVID-19 response initiatives and “on-the-ground” concerns. As of summer 2021, the meetings shifted to a bi-weekly schedule and subsequently to a monthly schedule.

This forum has provided an interface for other government departments to connect with Modern Treaty and Self-Governing partners on matters related to COVID-19 response and respective supports. Topics discussed in this forum include:

• mental wellness

• public health support

• Indigenous community-led pandemic response

• development and distribution of vaccines

• internet and broadband services

• COVID-focused federal financial support initiatives (e.g., Indigenous Community Support Fund, etc.)

The COVID-19 Working Group enabled Modern Treaty and Self-Governing partners to determine their allocations of the Indigenous Community Support Fund over the last three fiscal years. This fund provided Indigenous leadership with the flexibility needed to design and implement community-based

solutions to prepare for, and react to, the spread of COVID-19 within their communities. Other COVIDfocused federal financial support initiatives (Mental Wellness Funding, Safe Return to School, Income Assistance Support, Minor Capital Funding, etc.) used this forum as a platform to determine funding allocations with Modern Treaty and Self-Governing partners.

The working group further provided a venue for the Modern Treaty and Self-Governing partners to share pandemic responses. To that end, Yukon partners advised the table of the value of wastewater surveillance in their communities, and partners in the Northwest Territories noted their surveillance systems enabled Gwich’in Tribal Council to provide early detection of outbreaks.

In addition to participation in working groups, senior officials from CIRNAC’s Implementation Sector recognize the value and importance of bilateral relationships with individual modern treaty and selfgovernment agreement representatives, and have met with them on several occasions to discuss issues related to implementation over the reporting period.

Canada’s Collaborative Policy on Institutional Capacity

Following the implementation of Canada’s Collaborative Self-Government Fiscal Policy, Modern Treaty partners without a recognized self-government agreement, who were therefore not eligible to the same fiscal relationship with Canada as Indigenous governments operating under selfgovernment regimes recognized by the Policy, sought to develop a new fiscal policy to address their unique funding needs. Over a two year period, from 2020 to 2022, the M5 partners, consisting of the Inuvialuit

Regional Corporation, Gwich’in Tribal Council, Sahtu Secretariat Inc., Makivvik Corporation, and Naskapi Nation of Kawawachikamach, and the Government of Canada have co-developed a new institutional capacity fiscal policy and funding methodology that apply to modern treaty partners that do not have recognized self-government agreements, Canada’s Collaborative Policy on Institutional Capacity. This policy was finalized in summer 2022. By the end of the 2021–2022 fiscal year, this policy had secured federal approval for its implementation. In 2022–2023, the Government of Canada and M5 Partners negotiated bilateral fiscal agreements to apply the policy; as of March 31, negotiations had concluded on agreements with all 5 partners, thereby enabling the Government of Canada to begin provide this funding.

Canada – Modern Treaty and SelfGoverning Leaders Forum

Further to the approval of Canada’s Collaborative Modern Treaty Implementation Policy, a permanent Forum between the Prime Minister, the appropriate Ministers, and Modern Treaty and Self-Governing leaders is being established. The Forum is expected to meet once per year and will provide an opportunity for direct conversations between leadership on significant matters of concern that may arise in that relationship. The Terms of Reference for this Forum will be jointly developed by Canada and Modern Treaty and Self-Governing partners.

“While we have achieved a lot together, we have a lot more to do. That is why meetings like the one today are critical and why we have made it a priority to meet every year. Today, we identified how we can best advance key priorities to strengthen the implementation of modern treaties and self-government agreements. We also talked about the Modern Treaty and SelfGoverning First Nations’ other priorities for action on reconciliation.”

—The Rt. Hon. Justin Trudeau, Prime Minister of Canada Canada-Modern Treaties and Self-Governing First Nations Forum, January 8, 2019, Ottawa, Ontario

Previously, in 2017 and 2019, the Canada – Modern Treaty and Self-Governing First Nations Forum was held. The 2019 Forum continued the positive discussions among elected leaders of First Nations modern treaty signatories, self-governing Indigenous governments, several federal Ministers, and the Prime Minister, which focused on:

• a review of activities since the inaugural November 2017 Forum;

• developing an implementation policy;

• establishing a Modern Treaties Implementation Review Commission;

• changes to the Interpretation Act;

• negotiation of loans reimbursement; and

• the recognition and implementation of the Indigenous Rights Framework.

PART II: IMPLEMENTATION OF THE 2015 CABINET DIRECTIVE ON THE FEDERAL APPROACH TO MODERN TREATY IMPLEMENTATION AND SELF‑GOVERNMENT AGREEMENTS

In July 2015, the Government of Canada issued the Cabinet Directive on the Federal Approach to Modern Treaty Implementation. It calls for a whole-of-government approach to managing the Government of Canada’s modern treaty obligations, with enhanced awareness, accountability, and oversight, and defines its roles and responsibilities in that process. This section provides detail on various initiatives conducted from April 1, 2018 to March 31, 2023 related to the implementation of the Directive.

The Deputy Ministers’ Oversight Committee

The mandate of the Deputy Ministers’ Oversight Committee (DMOC) is to provide executive oversight of the implementation of the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, and, by extension, Canada’s roles and responsibilities under modern treaties. The Committee met 14 times between April 1, 2018 and March 31, 2023, with

Indigenous partners/organizations participating in 11 meetings.

Discussions in DMOC meetings help to strengthen the relationships between Canada and Modern Treaty and Self-Governing partners, and supports the advancement of common priorities. Topics of discussion ranged from implementation issues, funding matters, and economic opportunities, to program policies and more.

The 11 Indigenous partners/organizations that participated in the DMOC meetings held over the reporting period include:

• the Land Claims Agreements Coalition (presentation by Uchucklesaht First Nation, Nisga’a Nation and Nunavut Tunngavik Incorporated)

• the Gwich’in Tribal Council

• the Inuvialuit Regional Corporation

• Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations

• Tla’amin First Nation

• the Makivvik Corporation

• the Alliance of Self-Governing Indigenous Governments (Déline Got’ine Government, Sechelt/shíshálh Nation, Sioux Valley Dakota Nation, and Westbank First Nation)

• Land Claims Agreements Coalition representatives (Maa-Nulth First Nation, Nisga’a Nation, Nunavut Tunngavik, Tlicho Government)

• Nisga’a Nation

• Nunavut Tuungavik Inc.

• Tr’ondëk Hwëch’in

To support the DMOC, and act as its operational arm, the Directors General Implementation Committee (DGIC) was established in Spring 2021. It aims to facilitate collaboration across all departments and agencies and share lessons learned between them. The DGIC consists of a core group of Directors General from various federal departments and agencies and is co-chaired by CIRNAC and Fisheries and Oceans Canada. The Committee met six times between November 2021 and the end of March 2023.

Assessment of Modern Treaty Implications

During the period of April 2018 to March 2023, the Modern Treaty Implementation Office provided advice on more than 450 assessments (AMTIs) of proposals to Cabinet from across the federal government.

AMTIs are required for Memoranda to Cabinet, for most Treasury Board submissions, and are also included in the Regulatory Impact Assessment Statements. In 2017, DMOC approved a federal biennial compliance review to report on the 2018–2019 fiscal year, focusing on Memoranda to Cabinet. The 2021–2022 fiscal year saw an expanded compliance reporting that also included a quantitative review of AMTIs for Treasury Board Submissions

Table 1: Number of AMTIs reviewed, per fiscal year

The first phase of the Compliance Review consisted of a survey of departments that have to self-report their completion rates for assessments. In 2018–2019, of the 41 departments surveyed, 21 reported full compliance, 14 reported partial compliance, 1 department was deemed non-compliant, and 5 reported not submitting any memoranda. In 2021–2022, of the 42 departments surveyed, 18 reported full compliance, 5 reported partial compliance, 1 department was non-compliant, 16 did not submit memoranda, and 2 did not respond.

The second phase of the Compliance Review consists of a random selection of completed assessments for a qualitative review on their treaty and obligation specificity, identified subject matter, record of engagement, and identification of potential risks and benefits. Characteristics of well-done assessments include a clear description of the geographic scope, a focus on the modern treaty context, inclusion of specific treaty provisions, and an explanation of the actions taken or required to be treaty compliant. The results of the review for 2018–2019 were generally positive, with most departments being aware of and compliant with the requirement. The qualitative review revealed that approximately half of the AMTIs lack a sufficient level of detail. It highlighted a need for departments to discuss intersecting factors when they complete assessments, as well as the type of information that should be provided. The results of this exercise have informed updates to training, advice, and guidance documents.

The qualitative phase of the 2021–2022 Compliance Review is currently underway.

Modern Treaty Training

The Modern Treaty Implementation Office (MTIO) provides training to federal officials to support them in better understanding the importance of modern treaties and their fulsome implementation and on how to undertake an assessment of modern treaty implications. Between April 2018 and March 2023, 51 tailored training sessions, including AMTI training, were offered to 1,415 federal officials. An additional 34 Modern Treaty Implementation Courses were provided to 644 federal officials through the Canadian School of Public Service.

In 2018–2019, the two-day course on Modern Treaty Implementation was updated and revised to offer more interactive learning activities, and CIRNAC and the Canada School of Public Service (CSPS) entered into a Memorandum of Understanding to deliver the course, Federal Implementation of Modern Treaties and Self-Government Agreements (K208), through the CSPS. Modern Treaty and Self-Governing Partners

Table 3: Number of training sessions offered by MTIO to federal officials, by type of training, per fiscal year

participated in the delivery of the course during the in-person sessions offered in the 2018–2019 and 2019–2020 fiscal years, by having representatives attend the sessions and offer a talk on “Indigenous Perspectives.”

The COVID-19 pandemic posed fundamental challenges to training and the course was re-oriented to a virtual setting during the 2020-2021 fiscal year. Following five deliveries of the course in 2020-2021 and eight deliveries in 2021-2022, the course has been paused as offerings are being updated and redesigned to better meet the needs of federal officials.

in addition to these courses, the MTIO has also supported a number of federal departments and agencies in delivering internal training and integrating training on the assessment of modern treaty implications into existing training activities. Some federal departments that have put in place internal training opportunities for their officials include Employment and Social Development Canada, Public Services and Procurement Canada, Public Safety Canada, and Agriculture and Agri-Food Canada.

External to the public service, MTIO also supported the Gordon Foundation’s Understanding our Treaties Program through funding and guest speakers. This program provides hands-on knowledge through treaty simulations and online learning and brings together emerging Indigenous leaders and others to learn from experts about modern treaty negotiation and implementation processes. It also provided funding to support the development of the Land Claims Agreements Coalition (LCAC) online training modules and the LCAC’s National Conference. Finally, every year, officials participate in the Osgoode Hall Law School of York University’s Fundamentals of Indigenous Peoples and Canadian Law Certificate Program by providing an overview on modern treaty implementation issues.

Performance Measurement Framework

The Performance Measurement Framework (PMF) is a tool that called for in the Cabinet Directive to support ongoing coordination and oversight of Canada's modern treaty obligations implementation. The development of a PMF is critical to documenting, measuring and assessing the outcomes and impacts achieved through the implementation of modern

treaties against the six co-developed and agreedupon common objectives7 of modern treaty implementation.

During the reporting period, the MTIO continued to collaborate with partners to develop performance indicators that measure results against common objectives. In 2018–2019, voluntary modern treaty and self-government agreement partners developed agreement-specific measurements including:

• a pilot project on housing indicators with the Nisga'a Lisims Government, which led to the development of a survey and subsequent data analysis; and

• a framework for measuring the impact of their modern treaty on the five Maa-nulth First Nations, which included the development of a logic model for health and education.

The Modern Treaty Implementation Office also supported the SGIGs involved in the Collaborative Self-Government Fiscal Policy Development Process to develop performance measurement tools, which support the design of social well-being, infrastructure, and initiatives to close the housing gap. Education and health-related logic models are included in the Annex of Canada’s Collaborative SelfGovernment Fiscal Policy.8

“Our different perspectives may relate to the implementation of self-government, however, we have all learned similar lessons and the importance of collaboration to develop self-government and collective lessons with which to build a stronger Canada. As selfgoverning nations, we know that by structuring our own governments, we open the doors to stability, growth, innovation, and development.”

Chief Jennifer Bone, Sioux Valley Dakota Nation Canada-Modern Treaties and Self-Governing First Nations Forum, January 8, 2019, Ottawa, ON

7 Additional information on the common objectives is available in Annex C.

8 Available through this link: Canada's Collaborative SelfGovernment Fiscal Policy for Self-Governing Indigenous Governments - Canada.ca

Monitoring the Implementation of the Government of Canada's Modern Treaty Obligations

The Cabinet Directive on the Federal Approach to Modern Treaty Implementation requires CIRNAC to "administer the Treaty Obligation Monitoring System (TOMS), be accountable for regularly updating the system to reflect new or revised obligations, and provide direction to departments and agencies reporting into the system."

The Modern Treaty Management Environment (MTME) version 2.0 was developed to replace TOMS as a solution to improve awareness, understanding, and coordination of the whole-of-government approach to modern treaty implementation.

The MTME provides a comprehensive working environment for federal departments and agencies to track, monitor, and reflect on responsibilities concerning modern treaty implementation. It was initially released in November 2020, it continues to evolve.

The Modern Treaty Implementation Office has been working collaboratively with federal departments and agencies to review, validate, and update the system to ensure the information in the system is accurate. Through training and access to the system, federal officials are becoming more aware of the obligations of their departments and increasing their understanding of how the MTME can be used as a working environment to manage activities related to Modern Treaty Implementation.

Note: Attendees from general drop-in training may have requested and attended customized departmental training as well. General drop-in training sessions were offered on a weekly basis starting in November 2021. Attendees may also have attended training in one or both fiscal years.

Table 4: Number of MTME training sessions to federal departments and agencies and federal officials

During the 2021–2022 fiscal year, MTIO administered 21 general training sessions on MTME to 17 federal departments and agencies, reaching 64 federal officials. It also conducted 26 customized sessions to 20 federal departments and agencies, with 89 federal officials attending these sessions. During the 2022–2023 fiscal year, MTIO administered 31 general training sessions on MTME to 20 federal departments and agencies, reaching 62 federal officials. It also conducted 24 customized sessions to 9 federal departments and agencies, with 45 federal officials attending these sessions.

The MTIO also hosts a federal Community of Practice (CoP) to support system development and rollout. CoP meetings provide a venue for best practice and knowledge sharing on Modern Treaty implementation among the federal departments and agencies. It also helps to explore a collaborative approach to think through solutions and improvement of the system.

When MTME was launched, all obligations were set as “under review.” The Departmental Administrator for each department or agency is required to review the delegation of obligations and accept or challenge the obligations that were assigned to their department or agency:

• Obligations are accepted once the responsible department or agency has acknowledged that fulfilling the obligations is in part or in whole their responsibility.

• Obligations are under departmental review when the responsible department or agency is in the process of reviewing the obligations, a step required to confirm departmental responsibility.

• Obligations are under MTIO review when officials review an obligation to make a better determination as to which federal entity holds responsibility for the obligation. Once there is a determination made, the obligation is reassigned to the appropriate department.

Since MTME was launched, MTIO has offered training sessions, guidance documents (including a stepby-step user guide), greater engagement through the Community of Practice, timely MTME-related communication through a dedicated mailbox, and support from leadership — these initiatives have all contributed to a significant increase in accepted obligations by federal departments and agencies in MTME. Indeed, as of March 31, 2023, 50% of obligations had been accepted by the responsible departments and agencies, compared to 24% one year earlier. At the end of the 2022–23 fiscal year, 46% of obligations were still under departmental review and 4% were reviewed by MTIO.

Evaluation of the Cabinet Directive on the Federal Approach to Modern Treaty Implementation

The Cabinet Directive stipulates that, within five years of its implementation, CIRNAC will evaluate the effectiveness of the Directive in meeting its stated objectives and assess its ongoing need. The evaluation is also intended to determine if changes to the Directive and its component tools and structures should be pursued.

The Evaluation of the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, released in December 2020, concluded that the Directive and its key elements are relevant and should remain in force. It specifically noted a continued need for whole-of-government oversight and dialogue to foster understanding and awareness across departments, as well as to help strengthen federal accountability. It also recognized a continuing need for monitoring and coordination mechanisms, which are critical to supporting the whole-of-government actions and accountabilities required for effective implementation. Finally, it highlighted that prompt attention needs to be placed on the development of monitoring mechanisms which, once in effect,

have the potential to greatly support oversight, accountability, learning, and course correction. Nine recommendations were made to CIRNAC to strengthen the Cabinet Directive and, by extension, better support Modern Treaty implementation.

DMOC has overseen efforts to address the recommendations from the 2020 Evaluation of the Cabinet Directive. Specifically, the evaluation’s findings were presented to the DMOC in February 2021. Subsequently, committee members were provided with regular updates on the status of all nine recommendations. While some recommendations require ongoing work, the majority have been implemented. For example, the evaluation called for the Modern Treaty Implementation Office,

departments, and agencies to be held accountable to DMOC for commitments made by the Committee. This recommendation has been met as of the end of 2020 through the use of an action log and Record of Decision to facilitate interdepartmental briefings and accountability. In addition, DMOC is now supported by a policy function provided by the Implementation Sector, as recommended by the evaluation. DMOC Terms of Reference went through a first phase of revisions, and the governance structure was assessed. In January 2022, changes to the membership’s composition were implemented to streamline the Committee. Ongoing work continues in terms of enhancing outreach with stakeholders, informing DMOC of strategic priorities, and supporting effective issue management.

PART III: DETAILED INITIATIVES AND COLLABORATIVE EFFORTS

In order for Canada to fulfill its obligations under modern treaties, a whole-of-government approach remains necessary. The Cabinet Directive established an operational framework for it, which is now reinforced by Canada’s Collaborative Modern Treaty Implementation Policy. The whole-of-government approach involves coordinating efforts by federal departments and agencies to reduce duplication and promote nation-to-nation, government-to-government, and Inuit-Crown relationships based on recognition of rights, respect, cooperation, and partnership. The federal government includes approximately 200 departments and agencies, most of which have commitments under modern treaties and self-government agreements. This section highlights the initiatives and collaborative efforts undertaken by federal departments and agencies with Indigenous partners over the April 2018 to March 2023 period to advance the implementation of modern treaties and selfgovernment agreements. What follows, however, is not an exhaustive list of all implementation-related activities that occurred during this period.

Advancing Indigenous Rights

Implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act

On June 21, 2021 the United Nations Declaration on the Rights of Indigenous Peoples Act became law. Under the Act, Canada must fulfil three inter-related legal obligations in consultation and cooperation with Indigenous peoples: identifying measures for consistency of federal laws with the Declaration; developing an action plan by June 2023; and developing annual reports on progress and submitting them to Parliament.

In December 2021, Justice Canada launched a broad consultation and engagement process with Indigenous peoples to draft the action plan. This included a targeted engagement plan for Modern Treaty partners and Self-Government Agreement

holders co-developed with CIRNAC, as well as over $26 million over two years in partner funding administered by CIRNAC. Developed with Indigenous peoples, the Act focuses on taking action to uphold the human rights of Indigenous peoples and advance reconciliation in a tangible way. Its goal is to protect and promote Indigenous rights, including rights to self-determination and self-government, equality, and non-discrimination.

The Act also requires the federal government to take measures to align federal laws with the Declaration over time. This means that the Government of Canada, in consultation and cooperation with Indigenous peoples, will identify how federal laws should addressed. Changes to federal laws will continue to be made by Parliament through the relevant parliamentary processes.

Many of the principles expressed in the Declaration, such as non-discrimination, equality, and rights to practice religion and to express one's culture, already find expression in both international treaties ratified by Canada and in domestic law. Indigenous self-determination and self-government are affirmed in the Declaration and are central to addressing the history of colonization and forming new relationships based on recognition, respect, partnership, and cooperation. Indigenous self-government is part of Canada’s evolving system of cooperative federalism and distinct orders of government. Recognition of the inherent jurisdiction and legal orders of Indigenous nations is a starting point for discussions aimed at interactions between federal, provincial, territorial, and Indigenous governments.

Culture, Languages and Heritage

Integration of Indigenous Knowledge, Place Names, and Traditional Languages in Parks Canada’s Sites

Parks Canada continues to strengthen relationships with Modern Treaty partners by establishing positive relationships, working together to fulfill obligations, and continuing to work towards a more collaborative approach in the management of protected heritage areas administered by Parks Canada. This includes integrating traditional Indigenous place names, languages, and content into the sites it administers, such as:

• Klondike National Historic Site: engagement with Tr’ondëk Hwëch’in First Nation in the development of interpretive plans has led to the addition of important Indigenous perspectives to storytelling in the Klondike National Historic Site.

• Kluane National Park: Kluane First Nation, Champagne and Aishihik First Nation, and Parks Canada collaborated to develop public education materials that explain harvesting rights in Kluane National Park and Reserve.9

Parks Canada also includes the creation of cooperative management structures for its sites, such as the Kluane National Park Management Board. Established under Schedule A – Chapter 10

9 Traditional harvesting activities - Kluane National Park and Reserve (canada.ca)

of the Champagne and Aishihik First Nations Final Agreement, the Board makes recommendations to the Minister of Environment and Climate Change on all matters pertaining to the development and management of Kluane National Park and Reserve.

One of the challenges for Parks Canada in the implementation of modern treaties has been to find the best way to support the involvement of Modern Treaty partners in managing protected areas.

Consultations

and Implementation Activities at the Canadian Museum

of History

Throughout the reporting period, the Canadian Museum of History (CMH) has taken part in many consultation activities with modern treaty and selfgoverning Indigenous partners, which resulted, among others, in the following activities and successful accomplishments:

• Publication of Death in the Ice – The Mystery of the Franklin Expedition in Inuktitut (ISBN 9780-660-24558-4) in 2018, followed by the launch of a traveling exhibition of the same name, translated in Inuktitut in collaboration with the Inuit Heritage Trust

• Visit by the Director of Heritage for the Government of Nunavut and of the Nunavut Executive Director of the Inuit Heritage Trust in October 2018, which initiated consultations on repatriation and led to the deaccession of a collection

• Visit by the Culture and Heritage Manager from the Yuułuʔiłʔatḥ Government in February 2020 to discuss the list of objects to repatriate and those that will be in shared custody, which lead to the following outcomes in November 2020:

– Transfer of titles of 12 artifacts from the ethnology collection listed in Appendix S4-1 of the Maa-nult First Nations Final Agreement, to the Ucluelet First Nation – Initiation by the Ucluelet First Nation of an agreement of shared custody of objects identified in Appendix S4-2 of the Maanult First Nations Final Agreement, as well as sending 32 objects from the ethnology collection to the Cixʷatin Cultural Centre

• Transfer of the titles of artifacts identified in Appendix S3-1 of the Maa-nulth First Nations Final Agreement to the Uchucklesaht Tribe

• Access to the collections for a visual artist of the Selkirk First Nation to study traditional beading work in August 2021

• Update of the report that lists all patrimonial resources related to the Carcross/Tagish First Nation, as of March 2022

• Signing of extensions for two agreements for objects loans from the ethnology collection with the Aanischaaukamikw – Cree Cultural Institute, the latest one until June 2022

• Provision of three contracts to identify Beothuk, Mi’kmaq, Maliseet, Inuit, Innu and Cree archival material in the maritime archives collections in 2022

• Community visit from the Selkirk First Nation in February 2023

• Visit from the Carcross/Tagish First Nation in March 2023, allowing the delegation to view objects from their traditional territory

Furthermore, in 2021, CMH implemented new modules in their internal databases to better manage activities and actions related to modern treaties and self-government agreements. In 2022, they also undertook a vast project to digitize original cataloguing documents from the ethnology collection, improving access to the information in these collections.

Repatriation of Human Remains held at the Canadian Museum of History

During 2022–2023, two requests for information from the Avataq Cultural Institute, representing the Inuit of Nunavik, were received by the CMH. Both requests aim to gather the information necessary to prepare an official request for the repatriation of human remains held at the museum that come from a dozen archaeological sites in Nunavik and the maritime zone. The CMH transmitted all the data it had concerning the first request and is currently preparing the information for the second one in accordance with clause 20.6.1.1 of the Nunavik Inuit Land Claims Agreement.

Over the past few years, the CMH has also been working in collaboration with the Nisga’a Nation, Tla’amin Nation, and Tsawwassen First Nation. The museum has granted contracts to conduct detailed research on human remains from southwest British Columbia to identify locations of remains that are subject to repatriation, pursuant to clauses 17.3 of the Nisga’a Final Agreement, 14.24 and 14.25 of the Tla’amin Final Agreement, and 14.26 of the Tsawwassen First Nation Final Agreement.

Canadian Heritage: Creation of the Reconciliation, Treaties and Engagement Branch and Update to the Negotiation Guidelines

The creation of the Reconciliation, Treaties, and Engagement Branch in 2021 was an important step to ensure Canadian Heritage’s modern treaty commitments and initiatives are systematically managed and monitored. The Branch serves as the department’s subject matter experts on modern treaties and oversees departmental implementation of the Cabinet Directive. A critical component of the Branch’s work is supporting the Collaborative Fiscal Process, as well as treaty negotiations with prospective treaty rights-holders.

During the reporting period, Canadian Heritage also worked to update the 2007 Canadian Heritage Negotiation Guidelines that outline the mandate authorities for the department when negotiating new modern treaties and self-government agreements. This process involves consideration of the many new policy authorities that have been created since 2015, including the Collaborative Fiscal Policy with

modern treaty and self-government agreement rights-holders. Key negotiation areas include culture, heritage, arts, sport, broadcasting, Indigenous languages, and copyright. In total, Canadian Heritage is currently involved in:

• 96 total treaty and self-government agreement tables, involving Canadian Heritage program areas; and

• 48 active and ongoing negotiations requiring Canadian Heritage intervention and decision.

In addition, during the reporting period, Canadian Heritage worked to implement the United Nations Declaration on the Rights of Indigenous Peoples Act in cooperation with the Department of Justice, with the aim of adopting a whole-of-government approach through development and contributions to the United Nations Declaration Act Action Plan.

Economic Development/Business Opportunities

Pilimmaksaivik – Federal Centre of Excellence for Inuit Employment in Government

Pilimmaksaivik (the Federal Centre of Excellence for Inuit Employment in Nunavut) is the office responsible for coordinating a government-wide approach to building a representative public service in Nunavut, which includes upholding its commitment under Article 23 of the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada (the “Nunavut Agreement”). Pilimmaksaivik does this by reducing barriers to recruitment, by designing, and delivering training that is reflective of Inuit societal values, and by overseeing initiatives that support workplace wellness, with an aim to increase Inuit representation across federal departments and agencies in Nunavut.

Part 5 of Article 23 of the Nunavut Agreement commits government to provide some Inuit with skills to qualify for government employment through preemployment training. Through this, Pilimmaksaivik oversees the Inuit Learning and Development Program (ILDP), a pre-employment and job training initiative aimed at helping Nunavut Inuit develop skills for potential jobs in the federal public service within the territory. In 2022–2023, 10 Nunavut Inuit were selected to participate in the 16-month initiative.

Pilimmaksaivik oversees the implementation of the 2017–2023 whole-of-government Inuit employment plan that identifies the level of Inuit representation across government employment, manages intensive recruitment efforts, and provides special training initiatives to support the advancement of Inuit in government. This includes the Ilipallianniq Education Support Fund, which provides financial support to five Inuit employees from three departments and agencies pursuing post-secondary studies that correlate with Government of Canada positions in Nunavut. It also oversees Sivuliqtiurnmut Ilinniarniq, a leadership training initiative that prepares Inuit employees to take on supervisory or manager-level employment; the third cohort launched in January 2023 with nineteen Nunavut Inuit.

The Canadian Northern Economic Development Agency (CanNor) has developed its 2017–2023 Inuit Employment Plan, which is an extension of the Whole-of-Government Inuit Employment Plan, to increase Inuit employment within the agency. As of March 31, 2022, CanNor had established 58 positions in Nunavut, with 44 filled and 14 vacant. Of the staffed positions, Inuit occupied 61% (27 positions out of 44). New measures were introduced to reduce barriers and support the recruitment, retention, development, and promotion of Inuit staff, as well as a number of cultural and other initiatives to ensure the promotion of Inuit culture in the workplace. The agency also conducts Inuit cultural training and Inuit Qaujimajatuqangit outings, which provide an opportunity for an Inuk employee to be the subject matter expert; CanNor’s Inuit Network continuously looks for opportunities to share its knowledge, its culture, and its beliefs with non-Inuit colleagues. These Inuit-led initiatives play an important role in helping create a healthier work environment, and ensuring Inuit have an opportunity to take pride in their culture and gain leadership skills through cultural teaching.

Environment and Climate Change Canada (ECCC) is one of the departments that has an individual Inuit Employment Plan, a strategic human resources document that identifies ways that ECCC can increase the representativeness and preparedness of Inuit to take on positions in ECCC’s Nunavut offices. As of June 30, 2019 , ECCC had established 27 positions in Nunavut, with 16 filled and 11 vacant. Of the staffed positions, Inuit occupied 44% (7 positions out of 16).

Since 2018, the Arctic Region within Fisheries and Oceans Canada (DFO), in collaboration with Pilimmaksaivik, has participated in the Inuit Learning and Development Plan to provide beneficiaries with learning, training and employment opportunities within the department. This 16-month program consists of four work placements lasting four months each, and offers pre-employment training. It supports the Government of Canada’s responsibilities under Article 23 of the Nunavut Agreement. In 2022, DFO and the Canadian Coast Guard also developed a northern Human Resources Recruitment and Retention report to address recruitment challenges and guide northern hiring in the Arctic Region..

Co-Development of a Tripartite Pre-Employment Training Plan Strategy for Nunavut Inuit

Through a shared commitment among Pilimmaksaivik, Nunavut Tunngavik Incorporated (NTI), and the Government of Nunavut, the Tripartite Pre-Employment Training Committee was created to begin the development of a joint Tripartite Pre-Employment Training Plan Strategy, which is focused on preparing Nunavut Inuit for government employment. The Committee’s inaugural meeting took place on April 1, 2022, and senior officials from the Committee will continue engaging to co-develop the strategy in the future.

Northern

Indigenous Economic Opportunities Program

Through the Northern Indigenous Economic Opportunities Program (NIEOP), CanNor supports greater participation by northern Inuit, First Nations, and Métis communities and businesses and enables them to pursue opportunities for employment, income, and wealth creation. Pursuant to engagement held in 2019–2020, core funding will be available to Indigenous rights holder organizations that are not currently receiving economic development funding through fiscal transfers defined by their self-governing

agreements. Hence, non-self-governing Indigenous rights holder organizations will be eligible for economic development funding options. In the event that an Indian band and land claim organization both represent the same First Nation, the core funding will be given to the land-claim organization.

Employment Opportunities for Vuntut Gwitch’in

beneficiaries at the Vuntut

National Park

Pursuant to Chapter 10, Section 9.3, Schedule A of the Vuntut Gwitch’in First Nation Final Agreement, at least 50% of the public service employment positions in Vuntut National Park will be filled by qualified Vuntut Gwitch’in beneficiaries. While the employment ratio of Vuntut Gwitch’in beneficiaries in Vuntut National Park can vary throughout time, the target ratio had been successfully attained at the end of each fiscal year included in the reporting period of this report.

The Kluane First Nation Final Agreement and the Champagne and Aishihik First Nations Final Agreement have similar employment obligations, which Parks Canada has also supported throughout the reporting period, with the ultimate goal of fostering the professional development of First Nations beneficiaries.

Department of National Defence’s Real Property Operations within Northern Modern Treaty Areas

Access to federal government procurement contracts in modern treaty areas helps to improve socio-economic outcomes for Indigenous people and businesses. The Department of National Defence manages contracts within modern treaty areas of the North. These contracts on infrastructure and utility maintenance and repairs took place within the Nunavut, Inuvialuit, Gwich’in, Tlicho and Yukon Umbrella Final Agreement treaty areas. The amounts shown in Table 6 were spent.

Table 6: Annual Expenditures on Infrastructure and Utility Maintenance and Repair Contracts within the Nunavut, Inuvialuit, Gwich’in, Tlicho, and Yukon Umbrella Final Agreement Treaty Areas, in Canadian dollars

10 At the time of publication, the annual expenditures on infrastructures and utility, maintenance, and repairs contracts within the Nunavut, Inuvialuit, Gwich’in, Tlicho, and Yukon Umbrella Final Agreement treaty areas for 2022–2023 were not available.

Indigenous Procurement Plans

The Acquisitions Branch in Public Services and Procurement Canada (PSPC) is leveraging federal procurement to improve socio-economic outcomes for Indigenous businesses and people, including those located in modern treaty and self-governing areas, by increasing access to federal government contracts. Indigenous Procurement Plans (IPPs) directly support this work by including Indigenous criteria in contractual requirements. These criteria support specific targets for generating socio-economic benefits (e.g., sub-contracting, employment, training, and skills development) for Indigenous people and businesses. PSPC provides advice and guidance to government client departments on the inclusion of IPPs as part of the procurement process, and is leading on the federal commitment to award at least 5% of the total value of all federal contracts to Indigenous businesses.

Though various engagement activities are underway, a more comprehensive strategy is being developed for the procurement obligations associated with Modern Treaties. This strategy is being co-developed with Modern Treaty rights holders, with a targeted implementation date in the 2023–2024 fiscal year.

Co-Development of the Directive on Government Contracts, Including Real Property Leases, in the Nunavut Settlement Area

As part of implementing the Government of Canada’s obligations under Article 24 of the Nunavut Agreement, a procurement directive — the Directive on Government Contracts, Including Real Property Leases, in the Nunavut Settlement Area — came into effect on December 20, 2019. The Treasury Board of Canada Secretariat (TBS), in collaboration with other departments, closely consulted with Nunavut Tunngavik Incorporated (NTI), the designated Inuit Organization, to co-develop the Directive. Its objective is to provide reasonable support and assistance to Inuit firms to enable them to compete for government contracts, including real property leases. The Directive requires departments to submit reports to Indigenous Services Canada (ISC) on awarded and planned government contracts, including real property leasing activities, in the Nunavut Settlement Area.

A formal review cycle for the Directive was established to ensure that it is consistently implemented across the federal government and

Guidance and Training for Procurement Opportunities in Nunavut

Public Services and Procurement Canada supports the ongoing implementation of Article 24 of the Nunavut Agreement through the Directive on Government Contracts, including Real Property Leases, in the Nunavut Settlement Area. To ensure consistent implementation, PSPC leads the development of Nunavut-specific and government-wide guidance and training. This work helps operationalize the Directive so that officials understand it and have the tools needed to implement it consistently. This includes:

• ensuring that training and guidance are available to officials in other departments;

• offering guidance, support, clauses, and templates for procurement in the Nunavut Settlement Area through the Indigenous Procurement Policy Directorate (IPPD) Nunavut Inbox; and

• ensuring that solicitations, invitations for standing offers, supply arrangements, and government-wide contracts for commodities delivered in the Nunavut Settlement Area permit smaller and more specialized Inuit firms to bid.

that it continues to respond to the evolving nature of the Nunavut Settlement Area economy and labour force. As such, the Nunavut Directive Review Committee was created to monitor and periodically evaluate its implementation by reviewing the data on government contracts collected by ISC, and assessing the effectiveness of the Directive over time. It may also provide advice to the Government of Canada and NTI on ways to improve the application of the

Directive. The Committee, co-chaired by TBS and NTI, and attended by representatives from PSPC, ISC, and CIRNAC, met for the first time on March 9, 2021. A mid-term meeting was also held on December 2, 2021, during which the data on contracts and real property leasing collected from 96 departments and agencies during the 2019–2020 fiscal year was presented and reviewed. On May 31, 2022, a second annual meeting of the Nunavut Directive Review Committee (RC) was held, during which the data collected on government contracts, including real property leases, awarded in the Nunavut Settlement Areas during the 2020–2021 fiscal year was reviewed. The third annual RC meeting is scheduled to take place in Spring 2023.

As part of Article 24 of the Nunavut Agreement, the results of the Nunavut Directive are to be assessed independently every five years. TBS will be working closely with NTI to initiate activities related to the establishment of the first independent five-year review and to assess any recommendations that arise from it.

"The development of a Nunavut-specific procurement policy directive is a historic implementation milestone. Reaching agreement on this long outstanding treaty obligation is a testament to what the parties can achieve when they work together, collaboratively, to reach mutual implementation goals."

North Warning System

In 2022, following a competitive procurement process, a new maintenance contract was awarded to Nasittuq Corporation, a majority-owned Inuit firm. As part of the contracting process, the federal government committed to providing economic benefits to local Inuit communities, in keeping with

Canada’s obligations under three comprehensive land claim agreements. Public Services and Procurement Canada collaborated on this project with the Department of National Defence and other federal partners to deliver on two key objectives: defence and support for the Inuit economy. The procurement process involved significant effort and preparation. Engagement with Inuit authorities from the three land claim areas took place to discuss benefits for their communities. Engagement with both Inuit and non-Inuit firms through expressions of interest, industry events and meetings. At the same time, the federal team went through a rigorous process to determine the specific requirements of National Defence for the North Warning System (NWS). Consultation with a variety of stakeholders continued throughout the procurement process. For instance, the federal team cooperated with a fairness monitor and discussed elements of the contract with authorities from the United States (US) Air Force, as the NWS is managed under a cost-share arrangement with the US government.

The resulting NWS maintenance contract supports Canada’s defence policy and strengthens its relationship with Inuit communities while contributing to the government’s goal of awarding at least 5% of federal contacts to Indigenous businesses.

Inuit benefits includes the Inuit Training and Development Program, Inuit Beneficiary Salaries, and Inuit Owned Companies Subcontractors. The annual expenditures for Inuit benefits are provided in Table 7:

The total spending on Inuit benefits during the four fiscal years totals $35,231,805. In addition, $2,890,557 was spent in 2018–2019 on multiple task authorizations for work performed by Inuit-owned companies.

- The Honourable Carolyn Bennett, M.D., P.C., MP, Minister of Crown-Indigenous Relations August 15, 2019, Ottawa, Ontario Table 7: Annual Expenditures for Inuit Benefits as part of the NSW Contract, in

Education and Training

Establishment of the Anishinabek Education System

The Anishinabek Nation Education Agreement, launched April 1, 2018, is the largest sectoral selfgovernment agreement in Canada, comprising 23 participating First Nations and impacting approximately 2,000 students on-reserve and 9,000 students off-reserve. The Agreement recognizes the First Nation’s law-making power and authority over kindergarten to grade 12 education on-reserve, while also affirming the First Nation’s administrative control over the Postsecondary Education Program. This Agreement established the Anishinabek Education System. The Kinoomaadziwin Education Body, responsible for the administration of the Anishinabek Education System, worked with the 23 participating First Nations to distribute the $53.5 million in grant funding transferred from CrownIndigenous Relations and Northern Affairs Canada in 2018–2019.

Launch of the Inuit Field Training Program

The Inuit Field Training Program was developed by Environment and Climate Change Canada in response to a need expressed by Inuit communities to create local opportunities to engage with Inuit youth and help them consider employment and training opportunities in environmental fields. The program was first launched in August 2018, with a 10-day field camp based out of a remote field research station at East Bay, Southampton Island, Nunavut. The program was paused due to the COVID-19 pandemic and resumed in August 2022. Its innovative and focused approach helps Inuit youth succeed in making the transition from secondary school to further opportunities. ECCC plans to continue implementing

this annual program, and is seeking opportunities for its expansion.

Development of a Conservation Officer Training for Cree Students at the Cégep Saint-Félicien

Pursuant to the James Bay and Northern Quebec Agreement (JBNQA), signed in 1975, Canada has the obligation to provide training to Indigenous people to enable them to become conservation officers (article 24.10.2), to modify, when needed, the criteria required to be granted intern roles, and to finance the development of specialized training courses and programs.

In 2020, ECCC’s Enforcement Branch funded the development of an Indigenous training program for Cree students from Eeyou Istchee at the Cégep de St-Félicien. Program development was supported by an oversight committee composed of Cree Nation Government representatives and federal and provincial wildlife enforcement officials. Moving forward, ECCC will monitor and report on the progress made by the Cégep on the training program, and expects to announce it publicly and promote it in Indigenous communities.

Indigenous Skills and Employment Training Program

Following long-standing negotiations with the Nisga’a Lisims Government and the 11 Self-Governing Yukon First Nations pursuant to obligations in their treaties, Employment and Social Development Canada’s Indigenous Skills and Employment Training (ISET) program established a new, more flexible funding approach for Self-Governing Indigenous Governments in 2019 to meet their citizens’ priorities. The funding approach saw ISET program

Consolidated Revenue Funding (CRF) transferred to CIRNAC and subsequently flowed to 19 Indigenous governments through their Fiscal Financing Agreements or equivalent grant agreements.

Employment and Social Development Canada (ESDC), in collaboration with CIRNAC’s fiscal negotiators, continues to engage bilaterally with Indigenous groups negotiating Self-Government Agreements (e.g., Whitecap Dakota First Nation), as well as with groups negotiating Sectoral Self-Government Agreements (e.g., Mi'kmaq in Nova Scotia), to determine their interest in having ISET program funding flow to them through their Fiscal Financing Agreements or other grant mechanisms.

Transfer of Indigenous Early Learning and Child Care (IELCC) funding to Indigenous Governments

Cree Nation Government

Beginning in 2019, the Cree Nation Government requested that the child care funding they receive from ESDC be flowed to them through a CIRNAC grant instead of through a contribution agreement. At the Cree Canada Standing Liaison Committee Meeting in March 2022, CIRNAC agreed to work with ESDC to transfer IELCC funding through an amendment to the Cree Associations Agreement grant. CIRNAC and ESDC are collaborating to accommodate this request.

Nunatsiavut

Government

In 2021, in collaboration with CIRNAC and the Nunatsiavut Government, an amendment to the Fiscal Financing Agreement was negotiated to include IELCC program funding allocated through Budgets 2017 and 2021. Beginning on April 1, 2021, IELCC program funding through Budget 2017 and Budget 2021 began to flow the Nunatsiavut Government through their Fiscal Financing Agreement.

Co-development of a Grant Agreement with the Kativik Regional Government

In the spring of 2022, in order to advance the goals of Section 29 of the James Bay and Northern Quebec Agreement (JBNQA), whereby the Kativik Regional Government shall assume the administration of federal programs to the fullest extent possible, the Kativik Regional Government, Makivvik Corporation,

Crown-Indigenous Relations and Northern Affairs Canada, Employment and Social Development Canada, the Public Health Agency of Canada, and Indigenous Services Canada co-developed a grant agreement to flow program funding from these four federal departments to the Kativik Regional Government.

Employment and Social Development Canada’s programs contained in the grant include Consolidated Revenue Funding from the Indigenous Skills and Employment Training program, as well as IELCC Transformation Initiative funding from Budget 2017 and Budget 2021.

Northern Adult Basic Education Program

The Northern Adult Basic Education Program (NABEP) is an education support program designed to help Northerners obtain targeted training so they can participate more fully in the labour market.

The program is delivered through Yukon University, Aurora College, and Nunavut Arctic College.

Through funding from the Canadian Economic Development Agency (CanNor), the NABEP postsecondary institutions highlighted that they were able to include Indigenous cultural programming, such as the inclusion of elders in training programs, where students can learn cultural skills, values, and knowledge. Additionally, CanNor funding has allowed for the purchasing of laptops and charging carts for students. This has facilitated the move to virtual and digital learning spaces. NABEP concluded on March 31, 2023.

Canadian Ranger Patrol Group (CRPG) – Ranger and Junior Training in Nunavik and Eeyou Istchee

The 2nd Canadian Ranger Patrol Group (2 CRPG) works with modern treaty peoples in the Nunavik and Eeyou Istchee areas. In any given training year, they have the responsibility to plan, coordinate, and execute Ranger and Junior Ranger training in remote

and northern areas of Quebec. Approximately 75% of Rangers in 2 CRPG are members of local Indigenous communities. The general breakdown of the annual training done by the Canadian rangers includes:

• Duty of the Canadian Rangers

• Mechanical advantage and knots

• First aid

• Navigation

• Communication

• Leadership

• Weapons, ammunition, shooting ranges

• Fieldcraft

• Patrolling

• Ground search and rescue

• Dress instruction for Canadian Rangers

• Military exercises

• Survival in austere conditions

These subjects are covered over a 12-day training period that is done either in the community of that Ranger Patrol or alongside other patrols on the land.

The Department of National Defence has helped plan and organize the training programs that are offered, for which 2 CRPG contributed the funding shown in Table 8 into the two specific regions over the indicated fiscal years.

Training on the Polar Bear 3-Pronged Approach to Nunatsiavut Conservation Officers

In March and June of 2018, as part of the implementation efforts of the Labrador Innu Land Claims Agreement, two Wildlife Enforcement Officers from ECCC’s Canadian Wildlife Service traveled to Goose Bay and Nain to provide training on the Polar Bear 3-Pronged Approach to Nunatsiavut Conservation Officers.

Training and Apprenticeship for Inuit at the Canadian Forces Station Alert

The Department of National Defence and the Royal Canadian Air Force are responsible for facility management at Canadian Forces Station (CFS) Alert, which is situated on the north-eastern tip of Ellesmere Island in Nunavut. This includes an Inuit benefit plan, with support for training and apprenticeship for Inuit. The annual expenditures are listed in Table 9:

Energy & Natural Resources

Creation of the Nòkwewashk Sector within Natural Resources Canada

During the 2022–2023 fiscal year, a new sector within Natural Resources Canada (NRCan), called Nòkwewashk was created. Nòkwewashk ensures that NRCan meets its modern treaty and self-government obligations, and that Indigenous interests and perspectives are considered in the department’s internal and external activities.

Nunavut.

Table 8: Funding for Training Programs in Eeyou Istchee and Nunavik from the 2nd Canadian Ranger Patrol Group, in Canadian dollars

Table 9: Inuit Benefit Plan Expenditures at CFS Alert, in Canadian dollars

Nòkwewashk has worked to coordinate engagement activities with modern treaty and self-government holders and other federal departments and agencies on specific programs and initiatives. For example, Nòkwewashk has led engagements with modern treaty and self-governing partners in the Collaborative Fiscal Policy Development Process regarding the following initiatives:

• National Benefits Sharing Framework

• Canadian Critical Minerals Strategy

• Indigenous Natural Resources Partnership Program

In accordance with the 2015 Cabinet Directive on Modern Treaty Implementation, Nòkwewashk helps to ensure awareness and understanding of departmental obligations prior to approving new modern treaties currently under negotiation. This is achieved through routine participation in the Federal Officials Group on Section 35 Rights, and through participation in CIRNAC-led modern treaty negotiations and Recognition of Indigenous Rights and Self Determination (RIRSD) tables, when necessary.

Consultations with the Tr’ondëk Hwëch’in Government on Amendments to Nuclear Security Regulations

During the reporting period, the Canadian Nuclear Safety Commission (CNSC) continued consultation and engagement efforts regarding proposed amendments to the CNSC’s Nuclear Security Regulations. As part of the process, the CNSC received comments from the Tr’ondëk Hwëch’in Government, which the CNSC is currently working on responding to.

Environment

Indigenous Guardians Pilot Program

During the 2018–2019 fiscal year, under the Indigenous Guardians Pilot Program, Environment and Climate Change Canada funded projects that supported Indigenous governments and communities in protecting sensitive areas and species, monitoring ecological health, and maintaining Indigenous cultural sites. Of note was the creation of an Inuit Guardians Committee, co-chaired by Inuit Tapiriit Kanatami (ITK) and ECCC, with representation from the four Inuit regions. ITK and ECCC were able to tailor discussions to the Inuit Nunangat context, which

allowed Committee members to make decisions that respected and upheld modern treaty obligations related to consultation and program development.

Integration of Inuit Traditional Knowledge of Sea Ice to Improve Emergency Management in Nunavut

The Canadian Ice Service, a division of ECCC’s Meteorological Service, is a partner in a pilot project launched in 2018–2019 to develop culturally relevant, community scale sea ice information to improve emergency management in Nunavut. This work is being led by Nunavut Emergency Management, SmartICE (a community-based sea ice monitoring program), and Sikumiut, the Inuit management committee in Pond Inlet that governs SmartICE. This project will document local Inuit Qaujimajatuqangit of sea ice to improve sea ice travel safety for the community of Pond Inlet. The community-scale sea ice information project is committed to using Inuit-specific research and supporting Inuit selfdetermination by focusing on community priorities, Inuit leadership and decision-making, mobilizing Inuit Qaujimajatuqangit, and training Inuit youth to conduct research.

Creation of the Tallurutiup Imanga National Marine Conservation Area

Article 8 of the Nunavut Agreement requires that, before a national marine conservation area is established in the Nunavut Settlement Area, Inuit and the Government of Canada negotiate in good faith for the purpose of concluding an Inuit Impact and Benefit Agreement (IIBA). In 2019, an IIBA was signed between the Qikiqtani Inuit Association, Parks Canada, Fisheries and Oceans Canada, the Canadian Coast Guard, and Transport Canada to create the Tallurutiup Imanga National Marine Conservation Area. This area has been used since time immemorial by the Inuit. Decision making for the Crown-Inuit comanagement and protection of the area is informed by Inuit Qauijimajatuqangit. The NMCA will protect Inuit harvesting rights guaranteed under the Nunavut Land Claims Agreement while also ensuring the protection of species at risk.

Collaboration

between Canada and Modern Treaty Partners for Oceanic Protection and Conservation

Fisheries and Oceans Canada is currently working with various partners, including Indigenous governments and communities, to create new marine protected areas to increase protected ocean space in Canada.

Among others, DFO is collaborating with the Qikiqtani Inuit Association for the Inuit-led conservation of Qikiqtait and Sarvarjuaq, as well as for the long-term protection of Tuvaijuittuq, a culturally and historically significant area that has been used by Inuit for travel and harvesting. It is also collaborating with the Nunatsiavut Government to assess the feasibility of establishing an Inuit Protected Area in the coastal and marine areas of northern Labrador and adjacent to Torngat Mountains National Park, and with the Kivalliq Inuit Association for Inuit-led conservation of Southampton Island.

Among others, commitments from DFO to construct small craft harbours in Arctic Bay and Clyde River, and from Transport Canada to fund Community Harbours in Grise Fiord and Resolute Bay, were critical to reaching consensus on the IIBA for the Tallurutiup Imanga National Marine Conservation Area. DFO has routinely consulted with the Qikiqtani Inuit Association and the communities of Arctic Bay and Clyde River during the feasibility and detailed design phases of the planned harbours; consultations will continue during harbour construction.

Co-Development of an Oil Spill Emergency Response in Nunatsiavut

In June 2020, the Nunatsiavut Government, at the direction of the Nunatsiavut Executive Council, requested the support of a Canadian Wildlife Service (CWS) staff member to help understand the extent and impacts of a fuel spill on migratory birds in a coastal area at Postville during the breeding season. Respecting COVID restrictions, CWS travelled from Happy Valley-Goose Bay to Postville to train community members in migratory bird identification

to support understanding of the risks to migratory birds and their eggs and to food security for community harvesters.

Environment and Climate Change Canada also supported the development of the Indigenousled oil spill emergency response and avian impact assessment in Nunatsiavut. To assess potential effects on seabirds from the Postville spill, the Nunatsiavut Government and ECCC collaborated on and co-developed a plan to sample seabirds in the region via community-based collections. The project team decided to focus on the areas around the spill site in Postville, and at a reference site in Nain (located approximately 200 km north from the spill).

As the analytical data on contaminants in the tissues become available, ECCC and Carleton University staff prepare summaries of the data, and then the project team meet to review the data. The Nunatsiavut Government then directs the next steps in the research process and communication of results, including when notices to harvesters are issued.

Fisheries and Oceans Canada – Creation of the Arctic Region

The creation of DFO’s Arctic Region was announced in October 2018, following much engagement with Indigenous organizations on establishing the boundaries for the region and developing programs and service delivery regimes. DFO’s Arctic Region includes Nunavut, Nunavik, Nunatsiavut, the Northwest Territories, the Yukon North Slope, coastal Northern Quebec, coastal Northern Ontario, and coastal Labrador.

Across the Arctic Region, DFO engages at a minimum once per year with Indigenous partners and organizations on issues related to policy, including the Inuit Nunangat Policy. DFO has regular governance meetings at various senior levels with the Inuit Tapiriit Kanatami, Makivvik Corporation, Inuvialuit Regional Corporation, Nunatsiavut Government, Nunavut Tunngavik Inc., Nunavut Government, Gwich’in Tribal Council, Sahtu Secretariat Incorporated, Dene Nation, and Cree Nation Government of Eeyou Istchee. At the current time, the Arctic Region is working on terms of reference for governance committee tables with these groups. The terms of reference are at various stages depending on the group and vary from the initiation of discussions to drafting and approvals.

DFO’s Arctic Region, along with the Ontario and Prairies Region, support and participate in comanagement boards, committees, and councils created by modern treaties in these areas to discuss, advise, and make recommendations on issues related to fisheries, conservation, and marine management. This participation includes regular meetings with the Nunavut Wildlife Management Board, Nunavik Marine Region Wildlife Board, Eeyou Marine Region Wildlife Board, Torngat Joint Fisheries Board in Nunatsiavut, and resource boards in the Northwest Territories, including the Fisheries Joint Management Committee, Sahtu Renewable Resource Board, Wek'èezhìi Renewable Resources Board, and Gwich'in Renewable Resources Board.

Fisheries and Oceans Canada, through its headquarters and regional offices across the country, is actively working with modern treaty and self-governing partners to fulfill Canada’s fisheries obligations, and to implement treaty provisions related to DFO’s mandate.

Development of a Network of Inuit Fisheries Officers in Nunavik Fisheries and Oceans Canada has collaborated with the Kativik Regional Government and the Government of Quebec to develop a network of 14 Inuit fisheries officers in Nunavik to partly satisfy obligations of the James Bay and Northern Quebec Agreement (24.10), Eeyou Marine Region Land Claims Agreement (14.9.2), and the Nunavik Inuit Land Claims Agreement (5.1.3 and 13). These agreements stipulate that Cree, Inuit, and Naskapi beneficiaries need to take part in enforcing the Hunting, Fishing and Trapping Regime, and that they can benefit from hiring priority, modified hiring criteria, and access to specialized courses and training programs.

Each community in Nunavik has a fisheries officer who compiles data on local hunting and fishing, and who carries certain delegated authorities related to applying the laws related to wildlife management. In terms of law enforcement in Nunavik, since 2018, DFO’s Conservation and Protection team systematically conducts community patrols using an outreach approach, by visiting local organizations whose mandate is related to that of DFO (e.g., local hunters associations, police services) and by attempting to visit hunting and fishing sites. Since

2018, DFO has also improved contributions offered through the Aboriginal Aquatic Resource and Oceans Management (AAROM) program and other financing for Indigenous fisheries officers to develop and maintain the network of Inuit fisheries officers of the Kativik Regional Government.

Inclusion of Indigenous Perspectives in Policies related to the Impact Assessment Act

During the 2018–2019 fiscal year, the Impact Assessment Agency of Canada (IAAC), formerly the Canadian Environmental Assessment Agency, worked with modern treaty and self-government representatives across Canada on ways to include Indigenous knowledge in the development of policies to implement the proposed Impact Assessment Act. In total, representatives from 23 modern treaty and self-government partners participated in seven meetings and six submitted briefs to Standing Committees of the Senate and the House on Bill C-69. Feedback from engagements is informing work to develop regulations under the Impact Assessment Act that will enable the Minister of Environment and Climate Change to enter into cooperative agreements with Indigenous governing bodies. These agreements will support increased Indigenous leadership in assessments under the Act.

Consultations with Indigenous groups, including modern treaty and self-governing partners, by the IAAC during the reporting period led to the publication of the Indigenous Knowledge Policy Framework for Project Reviews and Regulatory Decisions in October 2022. This policy framework incorporated feedback from partners to ensure representation of their unique interests relating to the Impact Assessment Act, the Canadian Energy Regulator Act, the Fisheries Act, and the Canadian Navigable Waters Act.

Environmental Enforcement for Non-Compliance Issues on Modern Treaty Lands

During the 2018–2019 fiscal year, Environment and Climate Change Canada’s Enforcement Branch and Indigenous governments discussed ongoing environmental issues facing communities including proactive enforcement operations and opportunities for future collaboration. The Enforcement Branch visited the Nisga’a First Nation twice to address disposal-at-sea non-compliance issues. In addition, ECCC’s Enforcement Branch began discussions with Maa-nulth First Nations, who had formally triggered their treaty obligation to negotiate an enforcement agreement. This work is ongoing.

Remediation of Contaminated Sites located on Modern Treaty Lands

The Federal Contaminated Sites Action Plan Program provides funding for assessing and remediating contaminated sites under federal responsibility, including sites that may be located on Treaty Land. One example is the remediation of Mould Bay, a former High Arctic Weather Station located within the Inuvialuit Settlement Region, where ECCC consulted and engaged as part of the planning process during the 2018–2019 fiscal year.

Northern Project Management Office

The Canadian Northern Economic Development Agency’s Northern Project Management Office (NPMO) supports federal departments that participate in or make decisions related to environmental assessments/environmental impact assessment of major projects in the North. NPMO acts as the Crown Consultation Coordinator, on behalf of federal departments, for major projects undergoing environmental assessments in each of the three territories. Through NPMO’s Crown Consultation Coordinator role, Crown consultation takes a wholeof-government approach to help ensure that the federal government fulfills its obligations to rights holders in a consistent, adequate, and meaningful manner. Examples of recent consultations with

for environmental impact assessments of proposed project include:

• in Yukon, consultations with the Selkirk First Nation for the Faro Mine Remediation Project, and with the Selkirk First Nation, the First Nation of Na-cho Nyäk Dun and the Tr’ondëk Hwëch’in first Nation for the Coffee Gold Mine Project;

• in NWT, consultations with the Salt River First Nation for the Pine Point Mine Project; and

• in Nunavut, consultations with the Qikiqtani Inuit Association for the Mary River Mine Phase 2 Project, and the Kivalliq Inuit Association for the Meliadine Mine Project.

Cree Nation Government – Canada Discussions on the Federal Environmental Impact Assessment Process

Officials from the Impact Assessment Agency of Canada and CIRNAC have been in discussions with the Cree Nation Government for several years. In February 2022 they signed a trilateral Memorandum of Understanding to Advance Discussions on the Federal Environmental Impact Assessment Process and Section 22 of the James Bay and Northern Quebec Agreement. In alignment with the resulting work plan, recent progress has been made regarding opportunities for an enhanced role for the Cree Nation Government in the review of projects subject to the Impact Assessment Act. A central concept in this progress is that a joint committee, with equal representation from the Cree Nation Government and IAAC would be responsible for the impact assessment process for projects within Cree territory, as specified by the Treaty.

Implementation of the Impact Assessment Act in Nunavik

During the reporting period, discussions have been taking place regarding implementation of the Impact Assessment Act in Nunavik and the Nunavik Marine Region. IAAC has been collaborating with a working group that includes representatives from the Makivvik Corporation, the Kativik Environmental

Advisory Committee (KEAC), and the Naskapi Nation of Kawawachikamach. Development projects in Nunavik may be subject to any of four processes based on the Impact Assessment Act, the James Bay and Northern Quebec Agreement (JBNQA), and the Nunavik Inuit Land Claims Agreement (NILCA). Options are being considered to improve the harmonization of processes to support an efficient impact assessment framework. These include cooperation and coordination agreements in the shorter term, and non-application of the Impact Assessment Act in the longer term.

Impact Assessments of Proposed Projects

with Potential Impacts on the Treaty Rights of Tsawwassen First Nation, Maa-nulth First Nations, and Nisga’a Nation

Tsawwassen First Nation Final Agreement

Over the reporting period, IAAC has consulted Tsawwassen First Nation on several projects undergoing environmental or impact assessments over the last five years, including Tilbury Marine Jetty, Delta Grinding Facility, Tilbury Phase 2 LNG Expansion, Roberts Bank Terminal 2 (RBT2), and the GCT Deltaport Expansion - Berth Four. IAAC is implementing obligations under Chapter 15 of the Tsawwassen First Nation Final Agreement due to potential impacts on Tsawwassen First Nation's Treaty rights and impacts on its stewardship aspirations under Preamble K of the Treaty.

Meaningfully addressing the treaty on new, proposed projects while also knowing that there are existing cumulative effects that impact treaty rights, has been challenging. As a result, the Agency has worked to strengthen the government-togovernment relationship with Tsawwassen through various innovations, such co-drafting reports and Indigenous-led assessments. The Agency has worked with Tsawwassen on the RBT2 project to develop accommodation measures for outstanding serious project impacts on their treaty rights. The accommodation measures include the šxʷkʷecxənəm Framework, Crown measures relating to Tsawwassen harvesting, the šxʷkʷecxənəm Committee, and a causeway breach, which Tsawwassen has indicated that they require in order to consent to the Project.

Impact Assessment of Transportation Projects

As part of applications under the Canadian Navigable Waters Act and the Impact Assessment Act, Transport Canada also took part in consultations with Tsawwassen First Nation and Maa-nulth First Nations for the impact assessment of major projects, such as Roberts Bank Terminal 2 and Tilbury Jetty.

During the reporting period, Transport Canada continued to participate in environmental assessment review processes with boards and committee established under various modern treaties in Northern Canada, such as the Nunavut Impact Review Board, Yukon Environmental and Socio-Economic Assessment Board, Mackenzie Valley Environmental Impact Review Board, Environmental Impact Review Board, and the Environmental Impact Screening Committee.

Maa-nulth First Nations Final Agreement

During the reporting period, IAAC has also been implementing obligations under Chapter 22 of the Maa-nulth First Nations Final Agreement (the Final Agreement) due to potential impacts on Maanulth First Nations' Treaty rights and interests from marine shipping for the Tilbury Marine Jetty, Roberts Bank Terminal 2, and GCT Deltaport ExpansionBerth Four projects. Through these assessments, IAAC and Maa-nulth First Nations have identified existing cumulative effects of marine shipping within the Domestic Fishing Areas as a topic for further discussion with the Government of Canada under the Treaty. Furthermore, specific to the GCT

Deltaport Expansion - Berth Four project, following feedback from Maa-nulth First Nations, the Agency determined that the geographic extent of marine shipping incidental to this project would include the two distinct sections of the Maa-nulth Domestic Fishing Area as defined in the Final Agreement: Barkley Sound and Kyuquot Sound-Che:k'tles7et'h' Bay. This decision was made to help uphold the spirit and intent of the Final Agreement, and the obligations of British Columbia and Canada as partners in that Agreement. In addition, IAAC and British Columbia are corresponding with Maa-nulth First Nations regarding potential impacts from marine shipping associated with the Delta Grinding Facility Project.

Nisga’a Final Agreement

IAAC has also been working with Nisga’a Nation, represented by the Nisga’a Lisims Government, to explore collaborative opportunities for projects located on Nisga’a Lands that undergo assessments in accordance with the Impact Assessment Act and the Nisga’a Final Agreement. The Agency, the Nisga’a Lisims Government and British Columbia’s Environmental Assessment Office have developed a collaborative work plan for the assessment of the Ksi Lisims LNG Project, for which Nisga’a Nation is a proponent. Discussions with NLG on the assessment of this project began in July 2021 and are ongoing. The Agency has also been engaging with NLG on the assessment of the Eskay Creek Revitalization Project.

Development of the Nunavut Land Use Plan

During the reporting period, Transport Canada has been involved in the development of the Nunavut Land Use Plan, a legal requirement under Article 11.5.1 of the Nunavut Agreement and Part 2 of the Nunavut Planning and Project Assessment Act. The goal of the NLUP is to create a framework for the future of Nunavut by determining where developments are allowed to occur, and outlining environmental protections and conservation planning.

Health & Social Services

Child First Initiative

Indigenous Services Canada (ISC) and the Nunavik Regional Board of Health and Social Services (NRBHSS) agreed on a process to implement the Child First Initiative for Inuit living inside and outside Nunavik. In 2018, ISC provided support to the NRBHSS in the development of a health plan, giving the NRHBSS access to global funding and more flexibility in its

programming. This 10-year health plan (2019–2029) allows the NRBHSS to manage funding priorities. This partnership also works with the Nunalituqait Ikajuqatigiitut Inuit Association (NIIA) and Inuit Tapiriit Kanatami (ITK) to address substance abuse in the North.

ISC also provided support to the following initiatives:

• In October 2018, ISC awarded $6 million over three years to the Isuarsivik Regional Rehabilitation Centre to develop culturally appropriate services in substance abuse prevention and treatment.

• In 2019, ISC Quebec region detached a member of its team to assist the Nunavik Regional Board of Health and Social Services (NRBHSS) to develop and implement a strategy to address mental health and substance abuse issues in the Inuit communities of Quebec.

• In April 2019, ISC participated in the first meeting of the Regional Partnership Committee led by the Kativik School Board. The committee gathers partners from various sectors across Quebec and its purpose is to improve the health of children and youth living in Nunavik and to reduce crises in the region.

• In May 2019, to address the mental health and suicide crisis ongoing in the Nunavik region, ISC Quebec region quickly mobilized its teams and submitted to NRBHSS a service offer that included the possibility of additional funding, as well as support in developing and implementing suicide prevention projects. ISC also offered support in setting up a consultation table with regional partners and referencing for mental health and addictions services.

Indigenous Research Needs on the Health Impacts of Microplastics

As part of the Advancing a Circular Plastics Economy for Plastics initiative, Health Canada established the Environmental Health Research Contribution Program to fund external research on microplastics. This contribution program aims to fund research projects in Canadian Universities to better understand the potential human health impacts of microplastics, with the goal of informing future policy and regulatory action.

Health Canada consulted with Indigenous organizations to help inform the scope and breadth of the knowledge gaps that could be addressed through the program, including modern treaty partners. In September 2022, Health Canada engaged the Inuvialuit Regional Corporation, the Institute for Circumpolar Health Research, Nunavut Tunngavik Incorporated, and the Qaujigiartiit Health Research Centre to obtain input on research needs relevant to Indigenous Peoples that could be addressed through this program. This input was incorporated into the research program’s “eligible activities,” under which applicants may apply for funding. A call for proposals is currently underway, following which Health Canada will evaluate proposals and make funding decisions.

Housing

National Housing Strategy Research – Cree Nation of Eastmain Housing Research Project

The National Housing Strategy (NHS) was launched in 2017 to help address the housing needs of Canadians across the continuum, from homelessness, to supportive and transitional housing, to affordable and market housing. It was developed following extensive consultations with Canadians. Under the Rapid Housing Initiative – Phase 1 (RHI 1), the Canada Mortgage and Housing Corporation (CMHC) signed an agreement in December 2020 with the Cree Nation Government for a $17 million contribution, totaling 55 affordable housing units.

Through the NHS, CMHC also offers research funding. The Cree Nation of Eastmain, a First Nations community in Eeyou Istchee, received funding from the National Housing Strategy Research and Planning Fund in March 2019 to undertake research to explore the relationship between housing and well-being. Addressing systemic challenges, such as housing costs and maintenance, as well as economic, architectural, and social issues is key for culturally appropriate and sustainable housing. Research findings, from their June 2021 report,12 will set the foundations of the community’s housing strategy, which will be based on a local and user-driven approach.

The Cree Nation Government Housing Table

As signatories to the 1975 James Bay and Northern Quebec Agreement (JBNQA), the 2008 New Relationship Agreement, and the 2017 Cree

12 Add source

Governance Agreement, the Cree of Eeyou Istchee exercise jurisdiction in many areas of responsibility. The Cree Nation Government has approached the Government of Canada to support a new housing strategy, and to assume responsibility over housing program delivery. Over 10 years, the strategy aims to meet growing housing need and unlock wealth for the Cree by developing a private housing market and incentivizing homeownership for those who can afford it, and by providing funding for social and special needs housing to support individuals in greatest need. The Cree Nation Government’s Department of Capital Works and Services manages major capital projects, including housing, in collaboration with the communities.

A joint Canada-Cree Housing Table was established by the Cree Nation Government and CrownIndigenous Relations and Northern Affairs Canada, Indigenous Services Canada and CMHC in February 2019. The purpose of the Housing Table is to examine how Canada and the Cree Nation Government can work together to promote autonomy and greater responsibility on the part of the Cree Nation Government for Cree Housing. The Housing Table and its Technical Working Group have held exploratory discussions to better understand the Cree proposal. Recent discussions have focused on options available from CMHC to the Cree Nation to support funding for housing. Work is ongoing.

Urban, Rural and Northern Indigenous Housing Strategy

Budget 2022 committed $300 million, starting in 2022–2023 to co-develop and launch an Urban, Rural and Northern (URN) Indigenous Housing Strategy with Indigenous partners to address the housing needs of Indigenous people living in urban, rural, and northern areas.

The Government of Canada, through CMHC, will support Indigenous-led engagements that seek ideas from Indigenous housing and service providers, Indigenous governments and organizations, Indigenous people living in urban, rural and northern areas, and advocacy organizations. CMHC will also engage directly with provinces and territories.

As part of this process, CMHC sent a letter in early January 2022 to all Modern Treaty and Self Government Agreement holders informing them of the URN Indigenous Housing Strategy engagement and providing an opportunity to engage, if interested. CMHC then held two information sessions in February 2022 to provide details on the engagement process and specific opportunities for modern treaty and self-governing partners, including offering support to host their own engagements with their members and/or funding for their research priorities. CMHC is now following up with interested groups. CMHC has also shared information that a Call for Ideas and written submissions was launched on February 14, 2023, providing another important means through which to help inform the strategy.

Justice and Policing

Policing Agreements with the Naskapi Village of Kawawachikamach and the Cree Nation Government

In 2018, Public Safety Canada and the Government of Québec signed policing agreements with the Naskapi Village of Kawawachikamach and the Cree Nation Government/The Grand Council of the Crees (Eeyou Istchee) to fulfill policing obligations as outlined in the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement.

Funding of Policing Treaty Obligations –Amendments to Section 13 of the Northeastern Quebec Agreement (NEQA)

Public Safety Canada is responsible for funding policing treaty obligations under the Northeastern Quebec Agreement (NEQA). However, given years of disagreement between the parties over Section 13 of the NEQA, it required amendments to allow the Province of Quebec and Canada to adequately respect their policing treaty obligations. Exploratory discussions took place over several years and the parties are ready to amend language in Section 13 through the Complementary Agreement No. 4 amendment of the NEQA. As a result, in April 2022,

the mandate and elements for negotiation as well as drafting instructions for updating the Naskapi and the Cree-Naskapi Commission Act were approved by Canada. This is a necessary step to rebuild trust between the Naskapi, Canada and the Province of Quebec.

Administration of Justice on Teslin Tlingit lands

Public Safety Canada, the Department of Justice, and CIRNAC worked collaboratively with the Teslin Tlingit Council in furthering their vision for the Administration of Justice on Teslin Tlingit lands. An amendment to the Implementation Plan for the Teslin Tlingit Council Administration of Justice Agreement was signed on May 31, 2019.

Provision of Reintegration Services through Makivvik Corporation’s Justice Program

In 2019, Correctional Services Canada (CSC) entered into a contract with Makivvik Corporation for the provision of reintegration services through their Justice Program. This contract has served to increase CSC’s capacity to engage Indigenous communities in the release process pursuant to Section 84 of the Corrections and Conditional Release Act (CCRA), to identify and coordinate community resources for offenders, and to increase CSC’s ability to return Indigenous offenders to their home communities. In this contract, Makivvik Corporation is building its capacity to better respond to the needs of their members, and increase their understanding of CSC’s

The Anijaarniq Strategy and the Development of the Inuit Integrated Correctional Program (IICP)

The vision of the Anijaarniq Strategy is to ensure federally incarcerated Inuit offenders have the support and resources they need to return and remain in their communities as contributing members of their families and society. Guiding this Strategy are the following four principles:

• Inuit offenders, who wish to and are able, should be housed and supervised in their home communities

• Northern communities must be partners in shaping the Inuit strategy

• The Inuit Continuum of Care must address the risks and needs of the offender to ensure successful reintegration

• Meaningful partnerships across all spectrums are essential to the success of the Inuit strategy

Correctional Services Canada is looking to identify partners from National Inuit Organizations (NIOs) and representatives of land claims governments to support the work of the Anijaarniq Strategy and to have federally incarcerated Inuit return to their home communities as contributing members of society. The Inuit Integrated Correctional Program (IICP) was designed, through consultation with Inuit stakeholders, to meet the specific needs of the Inuit men in federal custody, in alignment with the principles of the Anijaarniq Strategy.

Security

Collaboration between the Department

of National Defence and the Canadian Armed Forces with Northern Communities

The Department of National Defence and the Canadian Armed Forces work with communities across the North, including communities with modern treaties and self-government agreements, to plan and implement training activities and operations in accordance with local regulatory and environmental expectations. This includes notification by Joint Task Force North of planned military activities that impact either settlement territory or traditional territory, including the following operations:

Operation NANOOK-TATIGIIT 18 was centred on a community evacuation scenario in the North Slave Region of the Northern Territories, and involved

federal, territorial, and municipal governments. The community government of Behchokǫ, Northwest Territories, a government established within the Tłıchǫ Land Claims and Self-Government Agreement, took part in planning for the operation and supported a Canadian Armed Forces civil-military cooperation team in assessing community hosting capacity. The evacuation simulation of three Tłıchǫ communities to Behchokǫ allowed for the identification of areas for improvement, as well as rehearsed the pre-crisis communications required to assure the safety of northerners and the resilience of their communities.

Operation NANOOK-TATIGIIT 19 was centred on a natural disaster and community evacuation scenario in the Whitehorse region, and involved Indigenous, federal, territorial, municipal governments.

Operation NANOOK-TATIGIIT 20, which was cancelled, was to be centred on a cruise ship incident in the Qikiqtani (Baffin) region, and would have involved Indigenous, federal, territorial, municipal governments. Operation NANOOK-TATIGIIT 21 was to exercise the plan originally designed for Operation NAOOK-TATIGIIT 20, but it was also canceled.

Operation NANOOK-TATIGIIT 22 was centred on a Table-Top Exercise environmental incident in the Yellowknife region and involved Indigenous, federal, territorial, and municipal governments to exercise the plan.

Operations NANOOK-TUUGALIK (2020-2023), NANOOK-NUNALIVUT (2018-2023) and NANOOKNUNAKPUT (2018-20233) also took place in areas covered by modern treaties and self-government agreements, including the Inuvialuit Final Agreement, the Nunavut Land Claims Agreement, the Tłıchǫ Land Claims and Self-Government Agreement, and the Gwich’in Comprehensive Land Claim Agreement.

In addition, Joint Task Force North provided notifications every year to all Indigenous governments in the three territories of all other activities planned by the Canadian Armed Forces(CAF). This included activities by community Canadian Ranger patrols, planned activities by the Royal Canadian Navy, and expected activity by cadets and Junior Canadian Rangers.

From 2020 to 2023, the COVID-19 pandemic affected all CAF activities in Yukon, Northwest Territories, and Nunavut. Even so, Joint Task Force North continued to work with Indigenous governments across the North, including governments with modern treaties and self-government agreements, to plan and implement training activities and operations in accordance with local regulatory, environmental, and COVID-19 mitigation expectations. This included notification of all planned military activities that might impact either settlement territory or traditional territory.

Engagement of the Canadian Forces Base Comox (19 Wing Comox) with Tla’amin Nation

During the reporting period, dates for activities carried out by 19 Wing Comox were provided to Tla’amin Nation through Notification letters, allowing them to respond if further information was requested. Furthermore, in support of a Human Health Risk Assessment, an engagement letter was delivered to the Nation in July 2022, and a follow up meeting with a Tla’amin representative occurred in September 2022. The Tla’amin Nation has requested to receive a final report upon its completion.

Canadian Rangers Exercises in and around Goose Bay, Nunatsiavut

Canadian Rangers from 5 Canadian Ranger Patrol Group (5 CRPG) routinely practice their patrol and survival skills in and around Goose Bay, Nunatsiavut, on routine exercises, such as Ex GATEWAY RANGER or Ex NORTH COAST. These routine exercises occur on a semi-regular basis, usually once or twice a year. Canadian Rangers offer a critical link to the communities for the Canadian Army and provide Regular and Reserve Forces with the opportunity to gain valuable knowledge on the local area they’re training in. Many of the Canadian Rangers come from Indigenous communities in the area.

Taxation

Amendments to Section 87 of the Indian Act for Modern Treaty Beneficiaries

Since the mid-1990s, Finance Canada’s modern treaty negotiation mandate has required prospective modern treaty signatories to phase out section 87 (s.87), which exempts from taxation the personal property of individuals registered under the Indian

Act and situated on a reserve, in order to enter a modern treaty. For the purposes of s. 87 of the Indian Act, employment income is personal property.

Over the past 7 years, Finance Canada has been engaging with Indigenous governments and provincial/territorial officials to explore options for reforming how s.87 of the Indian Act is addressed in modern treaties. In July 2022, Canada announced its new policy approach to Indigenous tax policy and Finance Canada began engaging with individual modern treaty partners to implement section 87 amendments, with CIRNAC fulfilling a key supporting role in removing barriers to implementation discussions.

Transportation

Assessment of an All-Weather Road to the Community of Whati

Fisheries and Oceans Canada administers various funding programs in modern land claim areas to benefit and enhance capacity among Indigenous communities. Since its inception in 2019, the Indigenous Habitat Participation Program has supported nine contribution agreements, which amount to a $3.28 million total investment in capacity building, collaboration and engagement activities.

For example, in 2021 and 2022, DFO supported the Tłļchǫ Government and the Government of the Northwest Territories in the environmental assessment of an all-weather road, the Tłıchǫ Highway, into the community of Whatì, allowing for access to areas where commercial fisheries may be revitalized. The construction of the Tłıchǫ Highway was finalized in 2021, and connects two other Tłıchǫ communities, Gamètì and Wekweètì, via their winter roads.

Community Outreach on the Safety and Security of the Northern Transportation System

In 2021 and 2022, Transport Canada conducted a multimodal inspection and community outreach blitz in several northern communities, including modern treaty and self-governing communities in Yukon, the Northwest Territories and Nunavut. This allowed the sharing of best practices and supported the safety and security of the northern transportation system. Similar activities are planned for 2023.

PART IV: TREATY NEGOTIATIONS REFORM AND RECENTLY SIGNED AGREEMENTS

The Government of Canada is committed to achieving reconciliation with Indigenous peoples through renewed, nation-to-nation, government-to-government, and Inuit-Crown relationships, based on the recognition of rights, respect, co-operation, and partnership. In recent years, Canada has set aside the Comprehensive Land Claims Policy and the Approach to Implementation of the Inherent Right and the Negotiation of Aboriginal SelfGovernment (Inherent Right Policy). In their place, Canada is working in partnership with Indigenous groups to implement their rights and interests through the co-development of treaties, agreements, and other constructive arrangements. These processes are community-driven and respond to the unique rights, needs, and interests of First Nations, Inuit and Métis groups. Canada recognizes that being open, flexible, and transparent increases the likelihood of partners reaching mutually beneficial agreements in a timely and efficient manner to actualize the self-determination of Indigenous groups. For example, under this approach, Canada is shaping the constitutional relationship with Métis by signing four agreements that recognize the Métis right of self-government and set out steps to formally recognize Métis governments in Canada.

Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia

This new approach to the co-development of treaties, agreements and other constructive arrangements is enshrined in the Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia. In 2019, Canada, the Government of British Columbia and the First Nations Summit co-developed this Policy, which replaces the Comprehensive Land Claims Policy and

the Inherent Right Policy as the federal approach to treaty development in the province. Under the new Policy, the parties co-develop treaties, agreements and other constructive arrangements that reconcile Crown and Indigenous rights based on co-existence, and enable the recognition and continuation of rights without modification, surrender, or extinguishment. Further, the Policy states that agreements will be capable of evolving over time and not require full and final settlement. Where there is interest, Canada is prepared to engage using the approaches found in the Policy with Indigenous partners elsewhere in the country.

Negotiation Loan Reform Initiative

Another important element of Canada’s shifting approach to the recognition and implementation of Indigenous rights is the Loan Reform Initiative (2018). This reform was done in phases and included three elements:

• elimination of comprehensive land claim negotiation loans, replacing them with nonrepayable contribution funding;

• forgiveness of all outstanding comprehensive land claim negotiation loans; and

• reimbursement of groups that had already repaid their loans following the conclusion of their comprehensive land claim settlement agreement (to be paid out in equal installments, over five years, starting in fiscal year 2020–2021).

As of today, negotiation support loans have officially been eliminated and replaced with non-repayable contribution funding; all outstanding comprehensive land claim negotiation loans have been forgiven, effective March 31, 2020; and three of the five reimbursement payments have been made to the groups that applied and met the eligibility criteria. This change has benefitted over 230 Indigenous communities.

Recently Signed Agreements

Through negotiation tables with over 230 Indigenous communities across the country, Canada continues to support Indigenous communities transition to self-government and move away from the Indian Act. During the 2022–2023 fiscal year, new, historic agreements were signed, giving Indigenous communities greater control over their governance and education systems.

Anishinabek Nation Governance Agreement

The historic Anishinabek Nation Governance Agreement was concluded on April 6, 2022, ending over 20 years of negotiations. This Agreement recognizes Anishinabek control over governance and the law-making powers of the signatory First Nations in key areas and is the first self-government agreement of its kind in Ontario. These First Nations will now have the ability to make their own decisions about how their elections will be held, who their citizens

are, and how their governments will operate, as well as how best to protect and promote Anishinaabe language and culture. The agreement, which was signed by the Chiefs of the Anishinabek Nation Grand Council, Magnetawan First Nation, Moose Deer Point First Nation, Nipissing First Nation, Wahnapitae First Nation, Zhiibaahaasing First Nation, and the Minister of Crown-Indigenous Relations, came into effect on October 1, 2022.

“Education jurisdiction is about providing a culturally relevant and excellent education to ensure our youth graduate with the knowledge, skills and credentials to thrive in any opportunity they choose for higher learning, employment and life choices. I commend all of the First Nations who have been involved in the education jurisdiction process for their strength of vision and perseverance.”

- Tyrone McNeil, President of the First Nations Education Steering Committee and member of Seabird Island First Nation

Education Sectoral Agreements for Four First Nations: Cowichan Tribes, Lil’wat Nation, ʔaq’am, and Seabird Island

In summer 2022, four First Nations — Cowichan Tribes, Lil’wat Nation, ʔaq’am, and Seabird Island — also concluded self-government agreements regarding education on their lands. This means that they now have recognized law-making authority over their Kindergarten–Grade 12 education systems, including authority over teacher certification, school certification, graduation requirements, curriculum, and course approvals. This achievement is a significant milestone towards realizing the right of First Nations to establish and control their education system and institutions, as affirmed by the United Nations Declaration on the Rights of Indigenous Peoples and as recognized under section 35 of the Constitution Act, 1982.

Whitecap Dakota First Nation: Vote in Favour of Self-Government

In early October 2022, members of the Whitecap Dakota First Nation voted in favour of selfgovernment, which, upon the signing of the Agreement, would make it the first self-governing First Nation of Saskatchewan. The agreement is expected to take effect in the fall of 2023.

PART V: LOOKING FORWARD

Despite efforts to enable an effective whole-of-government approach, treaty implementation has been hindered by challenges including the limitations of existing policy guidance, coordination, and oversight. This has resulted in inconsistent outcomes that, if left unaddressed, pose a risk of permanent harm to intergovernmental relationships, while also preventing the full realization of the benefits of these agreements.

Canada’s Collaborative Modern Treaty Implementation Policy marked a significant milestone in Canada’s approach to intergovernmental relations with Modern Treaty partners, among others through the establishment of a permanent annual Forum between the Prime Minister, federal Ministers, and Modern Treaty and Self-Governing leaders, which is expected to take place for the first time in 2023. While it is an important step, commitments to future work will help ensure that the co-development of solutions to modern treaty implementation continues and remains a priority.

Cultivating Behavioural Change in the Federal Public Service

Canada’s Collaborative Modern Treaty Implementation Policy has been designed with the overarching goal to address institutional legacies of colonialism and to advance a systemic behavioural shift in the federal public service’s institutional culture at all levels, through increased awareness and understanding of the importance of modern treaties. Pursuing training and awareness efforts within the federal system will contribute to the full, effective and timely implementation of modern treaties and self-governments agreements by Canada, which is essential to sustaining positive relationships with

Indigenous partners. With this approach, the policy will help create a broad consensus that Modern Treaty implementation is the responsibility of each public servant across the whole-of-government.

The policy also requires that Modern Treaty partners’ views are incorporated at all stages in the policy development process, and that this takes place across the whole-of-government. It directs public servants, to take a “considered approach in the design and renewal of proposed federal legislation, policies, and programs that apply to, are intended to benefit, or could otherwise affect Indigenous Modern Treaty Partners.” This means engaging modern treaty partners earlier in the stages of development,

ensuring modern treaty obligations are reflected, and taking steps to make the overall design, delivery, and funding approaches inclusive to partners. This commitment drives at two interrelated objectives:

• legislative, policy, and program proposals are consistent with modern treaty obligations; and,

• policy and procedural barriers that are inconsistent with modern treaty objectives and obligations are removed – even if that means amending laws, policies, and operational practices across government.

Shifting the institutional culture within the public service will not happen overnight. However, this shift is critical in ensuring that modern treaty obligations are upheld, and the government’s commitment to a renewed Crown-Indigenous relationship is carried forward.

Improving Effectiveness of Implementation Mechanisms

Existing implementation mechanisms, such as Implementation Panels, Committees, and other coordinating entities may not be adequately designed to support timely responses to new or emerging issues relating to modern treaty implementation. There is also a need to address challenges that prevent boards established by modern treaties from recruiting and retaining qualified nominees to serve as members and chairpersons. These challenges, if not addressed, create significant risks to the ability of Modern Treaty partners to meaningfully participate in the co-management of lands, resources, waters, and wildlife within their territories. Shifting the institutional culture within the public service will not happen overnight. However, this shift is critical in ensuring that modern treaty obligations are upheld, and the government’s commitment to a renewed Crown-Indigenous relationship is carried forward. Canada will collaboratively work with Modern Treaty partners to identify issues and co-develop solutions in a timely manner.

Improving Oversight and Accountability

Canada must be held accountable for compliance with its modern treaty obligations. Some accountability measures are already in place, but these mechanisms must be enhanced. While the 2015 Cabinet Directive on the Federal Approach to Modern Treaty

Implementation laid out an operational framework for the management of the Crown's modern treaty obligations, and created a variety of oversight and accountability mechanisms such as the Modern Treaty Implementation Office, the Deputy Minister’s Oversight Committee, and the Assessment of Modern Treaty Implications process, it is nearly 10 years old and was created in a considerably different policy environment. While it was a good first step, the Directive and its tools do not go far enough.

The 2020 Evaluation of the Directive found that while some elements have been successful, performance is not optimal for other elements. Canada’s Collaborative Policy on Modern Treaty Implementation recognizes there is further work to do. As such, Canada and Modern Treaty partners will co-develop, within the next 6 months, recommendations to put in place credible, effective, sustainable and independent oversight mechanisms to hold the federal government accountable to Parliament. It also commits Canada to work with Modern Treaty partners to implement and, where necessary, revise or replace the Cabinet Directive in accordance with the policy, evaluations, lessons learned and the experience of all Modern Treaty partners to date.

Dispute Resolution Processes

Canada’s refusal to reasonably consent to arbitration has presented challenges in addressing disputes effectively, efficiently, and in good faith. Canada will re-examine its approach to dispute resolution and work with Modern Treaty partners to co-develop solutions.

Treaty Modernization

Modern treaties are living documents capable of evolving over time. There may be circumstances in which, upon the request of a Modern Treaty partner, the terms of a modern treaty should be amended to reflect newly adopted approaches and advancements in the legal and policy domains in the context of reconciliation. Modern treaties and self-government agreements are important mechanisms through which Indigenous peoples and governments can exercise their inherent right to self-determination.

Based on the preferences of each Modern Treaty partner, Canada will support the evolution of modern

treaties through tailored approaches consistent with each distinct nation-to-nation, governmentto-government, and Inuit-Crown relationship. This includes, but is not limited to, introducing robust periodic review and renewal processes, as well as other mechanisms to achieve treaty “predictability” rather than treaty “certainty.” This is designed to ensure that modern treaties keep pace with new developments in law and policy relative to Indigenous rights recognized and affirmed by section 35, while continuing to offer all parties stability in their relationships. Canada will pursue modernization in full collaboration with modern treaty partners, as and when they are prepared to do so.

Through targeted engagement with modern treaty partners, the Government of Canada will continue working to ensure that these partners can exercise the full range of the inherent right of selfgovernment recognized in Canadian law, consistent with the terms of modern treaties as they continue to evolve. This may include the use of amendment processes, or other mechanisms for orderly process and periodic renewal, to update modern treaties in line with new legislation that seeks to enable the broad and progressive exercise of the inherent right of self-government by non-modern treaty Indigenous partners.

Measuring Socio-economic Outcomes and Impacts of Modern Treaties

Not only is it important to measure Canada's status in fulfilling its obligations, it is also imperative to have insight into whether progress is being made towards realizing the objectives envisioned in modern treaties and self-government agreements by assessing results against their objectives. Continuing the co-development of a measurement framework will therefore be essential to measure results against objectives in a way that is significant and relevant to both Modern Treaty and Self-Government partners and Canada. It will allow all parties to have a better understanding of how modern treaties and selfgovernment agreements contribute to improved socio-economic conditions and well-being for the modern treaty and self-governing communities.

Whereas this report did not present quantitative socio-economic indicators, collaborative work within the federal government and with Indigenous partners will continue to enhance data availability and produce a more detailed analysis of key socio-economic trends in modern treaty and selfgoverning areas.

CONCLUSION

The institutional legacies of colonialism in Canada have perpetuated systemic racism against Indigenous peoples. Government culture must change on both an individual and systemic level to realize the promises of modern treaties. While numerous concrete actions have been accomplished across the federal government, and new policies have been put in place to support the implementation of modern treaties and self-government agreements over the 2018–2023 period, it is important to remember that significant work still needs to be undertaken across all federal departments and agencies. Challenges remain and profound changes are needed to advance on the path of reconciliation.

Canada is strongly committed to continue working collaboratively, transparently and respectfully with Indigenous partners to ensure that they can implement their own vision of self-government and build a thriving future for generations to come.

ANNEX A: USEFUL LINKS

• Nation Building in Canada: Implementation of modern treaties and self-government agreements (rcaanc-cirnac.gc.ca)

• Map of Modern Treaties and Self-Government Agreements: Indigenous Peoples and Lands (rcaanc-cirnac.gc.ca)

• Canada’s Collaborative Modern Treaty Implementation Policy: Canada's Collaborative Modern Treaty Implementation Policy (rcaanc-cirnac.gc.ca)

• Canada’s Collaborative Self-Government Fiscal Policy: Canada’s collaborative self-government fiscal policy (rcaanc-cirnac.gc.ca)

• Inuit Nunangat Policy: Inuit Nunangat Policy (rcaanc-cirnac.gc.ca)

• Cabinet Directive: Cabinet Directive on the Federal Approach to Modern Treaty Implementation (rcaanc-cirnac.gc.ca)

• Evaluation of the Cabinet Directive: Evaluation of the Cabinet Directive on the Federal Approach to Modern Treaty Implementation (rcaanccirnac.gc.ca)

• Statement of Principles: Statement of Principles on the Federal Approach to Modern Treaty Implementation (rcaanc-cirnac.gc.ca)

ANNEX B: MODERN TREATIES, SELF‑GOVERNMENT AGREEMENTS AND SECTORAL AGREEMENTS

Agreement on Cree Nation Governance

Anishinabek Nation Education Agreement

Anishinabek Nation Governance Agreement

Eeyou Marine Region Land Claims Agreement

First Nations Education Steering Committee (FNESC) Education Agreement

• Cowichan Tribes

• Lil’wat Nation

• Seabird Island

• ʔaq’am

Gwich'in Comprehensive Land Claim Agreement

Inuvialuit Final Agreement

James Bay and Northern Québec Agreement

Labrador Inuit Land Claims Agreement

Maa-nulth First Nations Final Agreement

• Huu-ay-aht First Nations

• Ka:'yu:'k't'h'/ Che:k'tles7et'h' First Nations

• Toquaht Nation

• Uchucklesaht Tribe

• Ucluelet First Nation

Mi'kmaq Education Agreement

Nisga'a Final Agreement

Northeastern Québec Agreement

Nunavik Inuit Land Claims Agreement

Nunavut Land Claims Agreement

Sahtu Dene and Métis

Comprehensive Land Claim Agreement13

Déline Final Self-Government Agreement14

Sechelt Indian Band SelfGovernment Act

Sioux Valley Dakota Nation Self-Government Agreement

Tla'amin Final Agreement

Tłıchǫ Land Claims and SelfGovernment Agreement

Tsawwassen First Nation Final Agreement

Yukon Umbrella Final Agreement

Carcross/Tagish First Nation Final and Self-Government Agreements

Champagne and Aishihik First Nations Final and SelfGovernment Agreements

Kluane First Nation Final and Self-Government Agreements

Kwanlin Dün First Nation Final and Self-Government Agreements

Little Salmon/Carmacks

First Nation Final and SelfGovernment Agreements

First Nation of Nacho

Nyak Dun Final and SelfGovernment Agreements

Selkirk First Nation Final and Self-Government Agreements

Ta'an Kwäch'än Council Final and Self-Government Agreements

Teslin Tlingit Council Final and Self-Government Agreements

Tr'ondëk Hwëch'in Final and Self-Government Agreements

Vuntut Gwitchin First Nation Final and Self-Government Agreements

Westbank First Nation SelfGovernment Agreement

13 The Sahtu Dene and Métis Comprehensive Land Claim Agreement does not include self-government responsibilities, but, as per Chapter 5, it includes provisions for the Sahtu Dene and Metis to enter negotiations with the Government of Canada for self-government agreements. Under those provisions, the Déline community has entered self-government negotiations, which led to the signing of the Déline Final Self-Government Agreement in 2015.

14 Ibid.

ANNEX C: MODERN TREATY COMMON

OBJECTIVE

AREAS AND STATEMENTS

Although every modern treaty is unique, modern treaties across Canada share some common objectives. A performance measurement technical working group, that includes treaty and federal partners, has co-identified six common objectives shared across modern treaties. This is a first step required to develop outcome-based indicators that will provide a more accurate picture of the socio-economic conditions resulting from modern treaties. These indicators are anticipated to not only inform subsequent annual reports, but will also support evidence-based decision-making and inform future agreements and modern treaty implementation. The following common objective areas have been identified:

Common Objective Areas Common Objective Statements

Culture, language and heritage

Economic development

Environment

Governance/relationships

Land and resources management

Social development

• Preserve, promote, protect, or enhance Indigenous culture, traditional knowledge, language, identity, or oral history

• Enhance the traditional economy of Indigenous peoples

• Achieve self-reliance and promote opportunities to participate in the economy

• Collaboratively manage, assess, protect, preserve, or conserve the environment, land, air, water, and respond to emergencies

• While recognizing the role of intergovernmental relationships, manage own affairs, exercise jurisdiction, and develop institutions

• Provide certainty and clarity of rights to ownership, management, and use of land and natural resources

• Conserve, collaboratively manage, and sustainably use resources, including wildlife, fish and migratory birds

• Achieve better outcomes in health, education, housing or standard of living

• Achieve growth and stability in traditional territories