Allan MacDonald: Director General, Implementation Branch, AANDC

Transcription

1 Allan MacDnald: Directr General, Implementatin Branch, AANDC Cntext Treaties are nt the end f smething; we spend many years negtiating them, but many, many mre years implementing them. On average, it takes 15 t 20 years t negtiate a treaty, and it s getting lnger. We put a lt f effrt int this, invlving many departments, and many visits t Cabinet. But as sn as the effective date arrives, much f the activity falls ff. We need t grapple with that. Treaties are wrking. Mdern treaties are a key cmpnent f Canadian natin-building, but agreements are nly as gd as their implementatin. They advance the shared bjective f recnciliatin; prmte strng and sustainable Abriginal cmmunities; and advance natinal sci-ecnmic bjectives, t the benefit f all Canadians. They are: Negtiated, tripartite agreements Nt time limited framewrk fr new and enduring relatinships Legally binding and cnstitutinally prtected T effectively implement mdern treaties, all departments and agencies need t be aware f and equipped t fulfill their bligatins; cgnizant f the brader implicatins f mdern treaties n their departmental mandates; and respectful f the intergvernmental relatinships created by mdern treaties. Challenge and pprtunity In pursuit f the shared bjectives f treaty-making, the parties dedicate significant time and resurces t the negtiatin f treaties: During negtiatins, Canada cnsults rigrusly acrss departments and agencies by means f a strng hrizntal management framewrk Mdern treaties will nly meet their intended bjectives if the parties fully implement their bligatins after the treaties cme int effect. After 30 years f experience implementing mdern treaties, much prgress has been made twards the gals f these agreements by all signatry partners: Imprved certainty with respect t land and resurces Defined jurisdictins and c-management Mre stable climate fr ecnmic develpment Hwever, the scpe and scale f Canada s mdern treaty bligatins creates sme management challenges fr the federal gvernment and its cmpnent departments and agencies. While Departments have a diverse range f mandates, respnsibilities and clients, almst every federal rganizatin delivers its prgrams, plicies, and services t Abriginal clients. In these circumstances, Mdern treaties prvide gvernment rganizatins with unique pprtunity and cntext t take advantage f in successfully delivering n their mandates: New, renewed, frward-lking relatinship with the Crwn Clarity: Legal and peratinal certainty, defined rights and bligatins Established frums t wrk with grups (implementatin cmmittees) Supprt thrugh treaty management directrates Client grups with established gvernance structures, accuntability, defined respnsibilities Treaties shuld make ur lives easier, nt harder. When we lk at the amunt f ur cuntry cvered by treaties, we shuld keep that in mind. Mdern Treaties change the way we d business

2 Mdern Treaties are unique in the wrld. They tuch n a multitude f subjects and jurisdictins, and include many types f bligatins and respnsibilities. Obligatins may be: One time vs. nging:! One time bligatins usually take place early in the pst-effective date perid (e.g. capital transfers, survey f settlement lands, and the establishment f mandated bards and cmmittees), while nging bligatins require regular r peridic actin n the parts f ne r mre parties (e.g. nging participatin n cmmittees; nging peratin f bards and cmmittees; issuing f fishing licenses) Direct vs. cntingent:! Direct bligatins are generally well-defined, and fall under the respnsibility f ne r tw departments (eg. The creatin f a new natinal park, repatriatin f artifacts). Cntingent bligatins are triggered by a future event (e.g. the establishment f a new natinal park may trigger an bligatin t negtiate an impact and benefits agreement) Sme bligatins are the respnsibility f ne r mre departments, while thers are the respnsibility f gvernment as a whle. These are ften triggered by departmental activity in mdern treaty areas (e.g. access, prcurement and emplyment prvisins). Mdern treaties are entered int n behalf f the Crwn. Virtually every federal rganizatin s mandate intersects with Abriginal treaty rights at sme pint, frm natural resurce develpment t heritage t prcurement. AANDC plays an imprtant crdinating rle, representing Canada in the verarching mdern treaty relatinship, and prviding guidance t ther departments and agencies in fulfilling treaty respnsibilities related t their mandates. AANDC als has its wn, distinct bligatins t implement. But all departments and agencies have bligatins. This creates a hrizntal management challenge fr Canada. Each mdern treaty creates hundreds f bligatins fr federal departments and agencies With 26 mdern treaties currently being implemented, Canada is respnsible fr ver 4,000 cnstitutinally-prtected bligatins. Over 30 departments and agencies have direct bligatins under mdern treaties, and all departments and agencies are subject t brader «whle-f-gvernment» bligatins related t issues like cntracting, emplyment, and cnsultatin. All departmental activities, prgrams, plicies and legislatin must be develped and implemented in a manner that cmplies with mdern treaty prvisins. Federal mdern treaty bligatins: snapsht Mdern treaties create specific bligatins fr many departments and agencies: Over 30 federal departments and agencies have specific bligatins pursuant t mdern treaties Departments are generally clsely cnsulted n the develpment f these clauses during negtiatins, and resurces are ften allcated t manage these bligatins Relatively high awareness and cmpliance

3 Every treaty als has several categries f bligatins that apply t all Departments and Agencies: Over 400 mdern treaty bligatins are the respnsibility f all departments and agencies These bligatins are ften triggered by departmental prgrams, plicies, legislatin and activities in mdern treaty areas Respnsibility fr these bligatins isn t delegated t specific departments. All departments need t remain vigilant t ensure that their activities in these areas are cnducted in cmpliance with the treaties These bligatins are nt as well understd, and departments are less prepared t manage them when an agreement cmes int effect Obligatins by categry

4 M re cmplicate d arrangeme nts where it s whle f gvernmen t apprach. This is when we tend t trip ver each ther, which creates the cnfusin and frustratin. manage mdern treaty implementatin? Hw d we currently The Implementatin Management Framewrk sets in place crdinatin mechanisms. It extends the rbust interdepartmental crdinatin framewrk already in place fr negtiatins t als include implementatin. It creates a cmmunity f implementers by cnnecting fficials acrss departments in regins, headquarters and management. The Implementatin Management Framewrk includes: Reginal caucuses, ensure cllabrative fulfillment f bligatins undertaken in the regins Federal Caucus, prvides a frum fr the develpment plicy, peratinal guidance and supprt t reginal peratins and senir management Federal Steering Cmmittee, prvides senir management guidance and directin t departments Evaluatin desn t have enugh teeth t ensure that federal departments are cmplying with the treaties and making decisins cnsistent with the treaties. Hw d we manage mdern treaty implementatin? Supprt t departments/agencies thrugh the Implementatin Branch Treaty management/intergvernmental relatins: Represents Canada in the verall management and maintenance f respectful treaty relatinships Crdinates management f ver 2,200 AANDC bligatins, bth ne-time and nging Represents the federal gvernment at implementatin cmmittees Chairs reginal caucuses Infrmal dispute reslutin/issue management Supprts OGDs/Central Agencies n treaty implementatin activities Implementatin Negtiatins: Supprts nging negtiatins and new negtiatin prcesses

5 Cllabrates with main table negtiatrs t ensure agreements are implementable Lead the negtiatin and drafting f implementatin plans Pst effective date, lead renewal negtiatins f fiscal agreements; implementatin plans; and ther agreements Planning, Plicy and Prmtin: Raise awareness and understanding f treaty issues acrss federal departments and agencies with respect t treaty bligatins Develp resurce material t assist federal implementers Bilateral wrk with ther federal departments and agencies n specific issues While we d gd wrk, we are hearing that we need t d mre. That s ne reasn why we re here tday. Mving frward: strengthening the whle f gvernment apprach Finding slutins t ur challenges requires innvatin, nging effrt and dedicated resurces in three areas; we are wrking with LCAC n sme f these: 1. Educatin and Awareness: Raising awareness f federal bligatins acrss departments and agencies Cnsidering the brader implicatins f mdern treaties n departmental mandates We are als wrking with the Calitin n principles f treaty implementatin which we hpe will guide the federal actins. 2. Crdinatin and Cnsistency: 3. Accuntability: We need versight with bite: strengthening crdinatin and strategic versight f key treaty implementatin issues Strnger gatekeeping in the develpment and delivery f federal prgrams, plicies and legislatin t ensure cmpliance with mdern treaty prvisins Strengthening senir-level accuntability fr departmental bligatins fr treaty implementatin, frm the Deputy Minister dwnwards What shuld departments and agencies d? Be aware f cmprehensive land claims and self-gvernment agreements; their imprtance and relevance Understand hw they wrk and interact with yu business lines (legislative/plicy/prgrams) Designate a single DG-level pint f cntact wh is respnsible fr navigating treaty issues in each department Ensure that prcesses fr cmmunicating and wrking hrizntally within the department/agencies are in place and understd Cncluding Ntes These treaties are ging t be enduring, and right nw, we are the Crwn. We have an pprtunity t imprve implementatin and strengthen relatinships fr future generatins. We never stp negtiating, and we all have a respnsibility t cntinue treaty relatinships We try t learn frm ur mistakes We are raising awareness, develping guidelines We need t imprve crdinatin and cnsistency

6 Departments need t be held accuntable/ must develp strnger accuntability, which is why we are here tday Hping fr a single pint f cntact in each department