Building back better: Emergency Management Assistance Program Strategy Guide

Eligibility Criteria

First Nation communities are eligible to receive Response Assistance through the Policy for all individuals who normally reside on reserve, regardless of whether or not they have Indian status. Where First Nation individuals and/or individuals who normally reside on reserve have insurance that covers any eligible services, they will not be eligible for reimbursement through the Policy for the supports that are already covered by their insurance agency, a third-party service provider or another authority or program.

EMAP-eligible costs are available for all types of primary home occupancy arrangements on reserve, band-owned critical infrastructure on reserve as well as culturally significant community infrastructure (i.e. graveyards, etc.).

Response costs should align with provincial rates, but remain flexible to account for the unique needs of First Nation communities as guided by community leadership, officials and members. For instance, increased costs associated with remoteness and/or with lack of or limited access to provincial equipment and/or services may be considered eligible.

Funding Requirements

To the best of their ability, and to avoid the risk of assuming full or partial costs, First Nations partners and ISC personnel should maintain early and frequent communications to ensure that communities are aware of and in alignment with the policies and eligibility parameters of the EMAP's Terms and Conditions to ensure that they receive appropriate compensation for activities incurred to respond to an imminent or occurring threat. Prior concurrence from ISC regional and/or Headquarters personnel is strongly recommended before any emergency response expense is engaged to confirm eligibility of costs. Emergency response activities should also be authorized by a Band Official and align with provincially comparable standards and/or Treasury Board of Canada Secretariat (TBS) guidelines.

Process and Timeline

1. Identification of an imminent threat

   First Nation partners, ISC personnel and, in some cases, provincial/territorial authorities, should work together to identify any imminent threat or risk which could potentially exacerbate an emergency event and/or impact the health and safety or critical infrastructure of a First Nation community. It is strongly recommended that the identification of the imminent threat be confirmed by a report from another relevant authority^{Footnote 1} detailing the issue, identifying the potential hazard and laying out options for addressing it while ensuring that any pre-emptive actions taken will not create problems elsewhere or at a later time.

2. Confirmation of imminent threat and eligibility of pre-emptive actions

   ISC's Regional Emergency Management Coordinator and Headquarters discuss the necessity of pre-approving emergency response activity costs to help the community address the imminent threat and mitigate future consequences (refer to Eligible Costs below).

   Pre-approved response activities should align with EMAP's Term and Conditions, provincial norms and/or TBS guidelines, and should be mindful of potential cross-sector funding overlap with other Departmental programs as well as other potential imminent response activities conducted within the province or territory.

3. Identification and addressing imminent risk factors in partnership with at-risk First Nations

   ISC's Regional Office will work with at-risk First Nation partners to identify localized risk factors and coordinate appropriate response activities along with relevant partners and third party service providers. ISC's Regional Office can provide at-risk communities with information about the available pre-approved supports and work with them to ensure they receive appropriate compensation for activities incurred to respond to an imminent threat.

4. Response to imminent threat process and project completion

   Once the imminent threat is confirmed and at-risk infrastructure has been identified based on risk assessments and local knowledge of the community, ISC's Regional Office assesses proposals or cost submissions for pre-emptive activities received from identified at-risk First Nation communities based on the pre-approved supports confirmed in phase two. If needed, ISC's Regional Office can arrange advance payment for the costs associated with responding to the imminent threat as per Departmental policies, based on estimates. As per the normal funding process, the First Nation will be reimbursed 100% of the eligible incurred costs once invoices for the completed activities are submitted to the Department upon the completion of response activities.

Process and Timeline

During an emergency event that threatens the health, safety and holistic well-being of First Nation members, critical infrastructure, or cultural sites, the impacted First Nation(s), ISC personnel and third party service providers^{Footnote 2} should work together to assess the situation, determine effective and rapid response approaches, and ensure ongoing program and service delivery to the community in line with conventional service standards.

Compliance with Evacuations Orders

In acknowledgement of the inherent rights of First Nations leadership and officials, and their knowledge of the vulnerabilities and strengths of their communities, First Nations are the authority when it comes to declaring evacuation orders or alerts within their communities. First Nations, ISC officials, and provincial and third party partners should work collaboratively when emergency threats are identified or occurring to determine an effective approach to secure the health and safety of community members. This may involve sheltering in place or undertaking response activities such as full or partial evacuations. In all response activities, whether the community elects to shelter in place or engage in other response activities, all partners should consider and accommodate the unique needs and disaster-related risks of priority and vulnerable individuals, including children, the elderly, and those with health challenges, in order to avoid undue harm. It is also recommended that evacuation orders or alerts be validated by technical advice and/or level of risk or threat.

Under the federal Emergencies Act (1985), ISC officials can recommend an evacuation order but have no authority to legally bind a First Nation community or individuals to comply with an evacuation order, unless the emergency event is declared a public welfare emergency as per section 6 (1) of the Emergencies Act (1985). Therefore, in cases of emergency events falling outside of the category of public welfare emergency, partners should work collaboratively to support communities and their membership in safely responding to an emergency event.

If an evacuation order is declared in a particular region and community members and/or leadership have decided to remain in their community, parties may wish to incorporate the use of waivers of provision and understanding which could be signed by community leadership and/or members to confirm that they are aware of and acknowledge the risks.

1. Accommodation:

• accommodation in either group lodging^{Footnote 15} or hotels

2. Transportation:

• transportation from the evacuated community to a safe location (e.g. host community) in circumstances where individuals do not have their own means of transportation
• air transportation for remote fly-in communities
• transportation to reunite family members separated during an evacuation
• transportation within host community (e.g. for medical appointments)

3. Food:

• food per diems or meals (amounts provided will align with provincial/territorial rates if available, or federal travel directives)
• game meat and other traditional foods can be sourced at an extra expense for groups at evacuation centres (this includes costs associated with accessing a facility to prepare the traditional foods, where available)

4. Incidentals:

• per diems for personal hygiene products and infant care items (e.g. diapers, formula, laundry supplies)

5. Clothing:

• where individuals had to evacuate suddenly and were not able to pack, seasonal clothing may be considered eligible on a one-time basis

6. Health & Mental Wellness Supports:

• where on-site supports are unavailable or oversubscribed, mental health counselling services and access to medical and First Aid services^{Footnote 16}
• culturally appropriate healing services
• family reunification services

7. Special Services:

• child-friendly spaces (e.g. recreational activities, etc.)
• child care services
• child-specific counselling services
• language translation services
• navigational supports/services to assist individuals in the host community
• security costs at evacuation centers
• transitional educational services
• laundry

8. Animals/Livestock

• animal care for pets (e.g. pet food, boarding)
• costs associated with tending to livestock on rural properties on-reserve

9. Supports for Utilities during Evacuation

During evacuations, First Nation residents will be asked to leave utilities (heating) on in their homes and community buildings (e.g. band offices, water plants, schools, etc.). This will help to prevent ancillary damage to the structure, such as pipes freezing, food spoiling, rust and mould due to moisture build up, and foundation or structural damages.

Where an emergency event causes damage to homes and/or community buildings and it is clear that the damage is beyond repair, utilities do not need to be left on.

Utility supports for evacuated homes/buildings during an emergency event may be eligible under the following circumstances:

• A home remains vacant after an evacuation due to damages caused by an emergency event.
• The utilities (heating/electricity) must remain on to prevent further damages until repairs can be completed or the home is determined to be unsalvageable.
• Reimbursement will only be eligible from the start of the first billing cycle after the evacuation occurred until either:
  • The home is determined to be unsalvageable in the inspection report and power is turned off within 10 business days of the inspection report date or
  • The home is determined to require repairs and the repairs are completed

10. Child-Friendly Spaces

In the event of an emergency evacuation, child-friendly spaces are an eligible emergency social support under EMAP. A child-friendly space is a program that supports the resilience, health and well-being of evacuated children and youth and is conducted in a safe, child-friendly and stimulating environment.

Child-friendly spaces can reduce the risk of physical and psychological harm that whole communities are exposed to following an emergency event. The program will strive for the introduction of normal routine for the children and youth, expand an evacuee's support network, and reduce the risk of physical harm/injury (the potential for mistreatment has been proven to increase during periods of high stress and social dislocation). Child-friendly spaces also provide parent(s)/guardian(s) with respite from their children so they might have time to access support services for their own well-being, and/or tend to some emergency-related responsibilities.

11. Cultural Continuity

Cultural continuity during the aftermath of an emergency is also essential for an individual's health and well-being. EMAP emergency social supports will reimburse for costs related to access to traditional foods, traditional counselling/healing, language translation, etc. during an evacuation.

Criteria for Search and Recovery:

• The lost/missing person normally resides on reserve
• The person is believed to have gone missing within the vicinity or surrounding areas of the First Nation's land base
• The decision to transition from Search and Rescue to Search and Recovery has been done jointly in consultations among the Band officials, the Search and Rescue (SAR) officials and ISC officials (recovery activities may also be impacted by weather conditions)
• The Band will provide confirmation that the Search and Rescue efforts have ceased and will submit a formal request to ISC to support the Search and Recovery efforts, the estimated costs
  • for health and safety considerations, trained Search and Recovery personnel should be used to lead the extended search
• Volunteers are required to be certified and trained for Search and Recovery (or Search and Rescue)
• The length of the recovery efforts will be determined in consultation with the Band officials, the Search and Recovery officials and ISC. Extensions of the effort will be reviewed every seven days

Eligible costs

The following costs are eligible for reimbursement by ISC:

• aircraft costs (plane, helicopter, pilot, fuel, drones)
• cost of fuel for recovery vehicles only (i.e. boat, truck, 4 x 4, ski-doo)
• divers (travel, accommodation, food)
• liability insurance for trained volunteer search and recovery personnel
• professional search and recovery specialist
• food for the recovery teams (professionals and volunteers)
• repairs for rented search equipment damaged during the search and recovery operation

Non-eligible costs

For clarity, the following costs are not eligible for reimbursement by ISC:

• medical (equipment, transportation, treatment^{Footnote 18})
• travel cost for family members of the lost/missing person(s)
• band employee services (to be considered as volunteer)
• remuneration for volunteers
• renting of vehicles other than those specific to the recovery operation;
• administration and operational costs
• funeral costs
• personal items

The ISC Regional office will submit, on behalf of the First Nation(s), the request, including invoices, for reimbursement of eligible costs to the Emergency Management Directorate at ISC Headquarters.

Eligibility Criteria

The assistance is available to First Nations communities who have incurred transportation expenses related to the evacuation of community residents from their primary on-reserve residence due to an imminent or existing threat to health and safety and who are registered on an approved Band, third-party service provider, or regional evacuation list^{Footnote 19}. This assistance is not based on financial needs of the community or the individuals the community is assisting. As per the normal funding process, the Program can provide this assistance to First Nation communities, not individuals. Individual claims for transportation and repatriation assistance should be directed to community leadership, who then can submit requests for assistance to the Program. Assistance is also available to third party service providers or support personnel who are authorized by the community or another authority to assist with the evacuation or to accompany evacuees when these costs are not supported under another authority (i.e., personal support workers, guardians, or family members of vulnerable persons^{Footnote 20}). The community is eligible to receive support through the Policy for all individuals who normally reside on reserve, regardless of whether or not they have Indian status. If an individual was not in the affected community at the time of the event prompting evacuation, but has since been added to an approved evacuation list, the community is also eligible to receive assistance for the safe evacuation or repatriation of this individual(s) too. Communities are eligible to receive additional repatriation assistance to support the safe evacuation or repatriation of individuals who are unable to travel at the agreed upon time of evacuation or repatriation as determined by the emergency management coordinating authority(ies) due to an unanticipated and/or uncontrollable circumstance (i.e. a medical or family emergency).

The supports offered through this Policy are available to evacuated First Nations communities who incur incremental transportation costs associated with response- and recovery-related travel and transportation, when not already covered by a third-party service provider or another authority. For long-term evacuees^{Footnote 21}, this includes costs associated with the transportation of basic and essential personal property and furnishings during the repatriation phase if evacuees purchased such items for their temporary accommodations.^{Footnote 22}

To the best of their ability, and to avoid the risk of assuming full or partial costs, ISC personnel and First Nations partners should maintain early and frequent communications to ensure that communities are aware of and in alignment with the Program's policies and the eligibility parameters of the EMAP's Terms and Conditions. Costs which fall outside the eligibility parameters and authorities of the Program will not be eligible for reimbursement.

Adjustors/Inspectors

Following an emergency event that causes damages to individuals' personal items, the First Nation Chief and Council and/or Band Administration is responsible for hiring a qualified professional^{Footnote 30} with experience and qualifications commensurate with the scope and complexity of the project being undertaken, to assess all damages within the community caused by the emergency event.

Damage Assessment Package

ISC will provide a Damage Assessment Package for the incident. The Chief and Council and/or the Band Administration will ensure that claims in the Damage Assessment Package are verified by a qualified professional (e.g. an inspector/adjustor). The Damage Assessment Package is to be returned to the appropriate ISC regional office once all claims are completed and verified.

Package completion

Damage Assessment Packages will be distributed to community residents on a per family unit basis. A family unit is defined as an adult(s) and their dependents/children that live in a single dwelling. In the event that multiple families reside in one dwelling, one member of the household will be appointed the "head of household" and they will be responsible for submitting claims for major household appliances and communal items that sustain damages during an emergency event (i.e. kitchen appliances, washing machine, dryer, etc.). The other family(ies) that resides in the dwelling will submit claims as "heads of family unit" and will be eligible to receive compensation for their personal items.^{Footnote 31}

Community residents are responsible for making efforts to minimize damage to property once it is safe and reasonable to do so. All repairs and expenses should be documented by the claimant(s) in order to receive compensation. The completed Damage Assessment Package must include a list of damages, photographs of damages, proof of repairs and/or expenses (if already undertaken), and finally, a declaration verifying that the claimant does not have insurance for the incident in question. All Packages must be submitted by the First Nation to the ISC regional office within 60 business days after the threat to life from the emergency event is over and community residents are allowed to access their homes.

ISC evaluation and assessment

Once the Packages have been received, the ISC regional office will conduct a preliminary review of the claims to assess eligibility. The assessment will consist of two stages:

1. Confirmation that claimant is eligible for assistance (this may be done through an evacuation list (if evacuated), proof of residency, inspection reports, etc.)
2. Review of claims to ensure requested items are eligible for reimbursement; items must constitute basic and essential necessities of life.

Within 60 business days of being received, the regional office will provide compensation funds to the First Nation's Chief and Council and/or Band Administration with a detailed breakdown of the amount allocated for each claimant. Up to 100% of the eligible requested funds will be flowed to the First Nation; the Band is responsible for distributing funds to the appropriate community residents. ISC will require a proof of transfer within 60 business days of the community receiving the transfer, as per the normal reporting process. Once the proof of transfer to individual families is received, requested administrative costs will be provided to the First Nation.

Criteria of a Small Scale Emergency

The EMAP process for responding to a small-scale emergency event is triggered when the following conditions are met. Initial cost estimates^{Footnote 32} will include response and recovery costs, inclusive of those associated with evacuations and evacuee services.

• Initial cost estimates indicate that the total anticipated EMAP eligible response, recovery, and evacuee related costs that will be incurred in relation to one on-reserve First Nation, in response to one event, will not exceed $10 million in total; OR
• Initial estimates indicate that the total anticipated EMAP eligible response and recovery costs that will be incurred in relation to all on-reserve First Nations impacted by the same event in a specific province or territory, will not exceed $20 million in total; OR
• Initial estimates indicate that the total anticipated EMAP eligible response and recovery costs to be incurred by a single funding recipient in a specific province or territory will not exceed $10 million in a single fiscal year.

Operational Process for Small-Scale Emergencies

Response and recovery procedures will vary from region-to-region, community-to-community, and event-to-event. This policy is meant to serve as a general guideline detailing the recommended steps to be followed for small-scale events. Generally, it is expected that ISC Regional Offices will not require surge capacity support from Headquarters for a small-scale event. However, if the complexity of a small-scale emergency requires it, surge capacity support could be provided upon request.

Small-Scale Response Procedures

1. A First Nation(s) which experiences an EMAP eligible emergency^{Footnote 33} event should activate its emergency response plan(s).
2. At the discretion of the community, and depending on the scope and severity of the threat, the community's response capacity, and the community's emergency plan, the community may contact emergency response partners to support with their response to the emergency. This may include: ISC Regional Office, provincial emergency officials, Tribal Councils, First Nations and Inuit Health Branch (FNIHB), the Canadian Red Cross, or other relevant partners and third party supports.
3. If requested, the ISC Regional Office will work with the First Nation(s) and the appropriate partners, to allocate resources and determine what assistance is required to support the coordination of response activities.
4. The ISC Regional Office will maintain communication with Headquarters Ops and provide situational awareness, as needed.

Recovery Procedures

1. When and where requested by First Nation partners and/or other coordinating authorities, the ISC Regional Office will support with the coordination of recovery activities^{Footnote 34}, guided by the policy suite, Building Back Better: A Strategy Guide for Emergency Management Assistance Program Response and Recovery Supports and EMAP's Terms and Conditions.
2. When needed, ISC Regional Offices will consult with Headquarters Ops for assistance in determining EMAP eligibility of incidents and/or activities.

Claims Review Process

1. Processing Response and Recovery Claims: Claims will be processed in accordance with standardized regional processes and in accordance with the policies outlined in Building Back Better: A Strategy Guide for Emergency Management Assistance Program Response and Recovery Supports.
2. Additional Localized Emergencies: A second emergency event that occurs in a First Nation after an initial emergency, for which additional outside support is requested, will be treated as a separate claim from the initial event. The cumulative value of small-scale claims affecting a First Nation or within one region in one fiscal year may affect a decision to deal with these events as a large-scale emergency.
3. Auditing: A recipient audit of a small-scale emergency event is not normally required, although an audit may be requested at the direction of the appropriate Departmental authority, if deemed necessary.

In the event that expenses appear to not align with the terms of the funding agreement or EMAP's Terms and Conditions, Headquarters or Regional Office personnel will work with partners to review costs to ensure they fall within the eligibility parameters of the Program and may recommend that an audit be conducted. To the best of their ability, and to avoid the risk of assuming full or partial costs, ISC personnel and First Nations partners should maintain early and frequent communications to ensure that communities are aware of and in alignment with the Program's policies and the eligibility parameters of the EMAP's Terms and Conditions. Costs which fall outside the eligibility parameters and authorities of the Program will not be eligible for reimbursement.

Project Governance

The EMAP encourages and supports impacted communities to develop a recovery project governance framework as part of their recovery activities. The development of the framework is an eligible cost through the EMAP and can be created with reference to the Treasury Board Policy on the Management of Projects and based on the best practices of project management. The framework may authorize the hiring of an event project manager. Depending on the circumstances of the event, a separate project governance framework may be encouraged for each affected First Nation and an individual event project manager may be hired for each First Nation affected by the event.

Criteria of a Large-Scale Emergency^{Footnote 35}

The EMAP process for responding to a large scale emergency is triggered when one or more of the following conditions are met. Initial cost estimates will include all anticipated response and recovery costs, inclusive of evacuations and evacuee services.

• Initial cost estimates indicate that the total anticipated EMAP eligible response and recovery costs that will be incurred in relation to one on-reserve First Nation, in response to one event, will exceed $10 million; AND/OR
• Initial estimates indicate that the total anticipated EMAP eligible response and recovery costs that will be incurred in relation to all on-reserve First Nations impacted by the same event in a specific province or territory will exceed $20 million; AND/OR
• Initial estimates indicate that the total anticipated EMAP eligible response and recovery costs that will be incurred by a single funding recipient in a specific province or territory will exceed $10 million in a single fiscal year; AND/OR
• The ISC Regional Office indicates that the event, or the cumulative effect of a number of emergency events, exceeds the capacity of regional resources to respond and that surge support from Headquarters is required.

Operational Process for Large-Scale Emergencies

Regional response and recovery procedures will vary from region-to-region, community-to-community, and event-to-event. This policy is meant to serve as a general guideline for the steps to be followed for large-scale events.

In the case of exceptionally large emergency events, it may be necessary to obtain specific authorities for response and/or recovery activities from Senior Departmental Management, the Minister, Treasury Board, and/or Cabinet.

Response Procedures

1. A First Nation(s) which experiences an EMAP eligible emergency event^{Footnote 36} should activate its emergency response plan(s).
2. At the discretion of the community, and depending on the scope and severity of the threat and the community's response capacity, the community may contact emergency response partners to support with their response to the emergency. This may include: ISC Regional Office, provincial emergency officials, Tribal Councils, First Nations and Inuit Health Branch (FNIHB), the Canadian Red Cross, or other relevant partners and third party supports.
3. If requested, the ISC Regional Office will work with the First Nation(s) and appropriate partners to allocate resources and determine what assistance is required to support the coordination of response activities.
4. ISC Regional Offices will maintain communication with Headquarters Ops and provide situational awareness, as needed.

Recovery Procedures

1. When and where requested, the ISC Regional Office will support the coordination of recovery activities, guided by the policy suite, Building Back Better: A Strategy Guide for Emergency Management Assistance Program Response and Recovery Supports and EMAP's Terms and Conditions.
2. As per the Building Back Better Strategy Guide's Mitigation Measures Policy, a complete all-hazards risk assessment for recovery projects following large-scale emergencies is required as part of the recovery activities in order to mitigate against future risks in the impacted community. The all-hazards risk assessment should be conducted by the First Nation, with the support of ISC or outside professionals if required. The cost for conducting an all-hazards risk assessment is eligible for reimbursement through the EMAP.
3. When needed, ISC Regional Offices will consult with Headquarters Ops for assistance in determining EMAP eligibility of incidents and/or activities and may request assistance from Headquarters to provide surge capacity if the event exceeds the capacity of the ISC Regional Office.

Project Governance

The EMAP encourages and supports impacted communities to develop a recovery project governance framework as part of their recovery activities. The development of the framework is an eligible expense through the EMAP and can be created with reference to the Treasury Board Policy on the Management of Projects and based on the best practices of project management. The framework may authorize the hiring of an event project manager. Depending on the circumstances of the event, a separate project governance framework may be encouraged for each affected First Nation and an individual event project manager may be hired for each First Nation affected by the event.

Claims Review Process

1. Processing Response and Recovery Claims: Claims will be processed in accordance with standardized regional processes and in accordance with the policies outlined in Building Back Better: A Strategy Guide for Emergency Management Assistance Program Response and Recovery Supports.
2. Surge Capacity and Additional Localized Emergencies: If requested by a ISC Regional Office, designated Headquarters personnel may support ISC Regional Office staff, either physically in the ISC Regional Office, or through telework arrangements, until response and recovery activities are complete or until the ISC Regional Office no longer requires support. Surge capacity staff may support operational activities and/or claims processing.

   An additional emergency event(s) that takes place after the initial large-scale event will be assessed and processed as a separate file(s). If needed, ISC Headquarters may continue to provide surge capacity support to assist in responding to new emergencies until the Regional Office is able to resume normal operating practices.

3. Auditing: Large-scale disasters are subject to financial and operational audits which are conducted in partnership with the Transfer Payments Advisory Service Branch and in accordance with the INAC Directive on Recipient Audit. ISC Headquarters will work with the Transfer Payments Advisory Service Brach to coordinate an audit if required. All funding recipients are subject to being audited, regardless of whether the funding agreement is with a First Nation, provincial or territorial government, or a third party service provider. Such an audit will verify that funds are being used in accordance with the terms of the funding agreement and/or EMAP's Terms and Conditions.

In the event that expenses appear to not align with the terms of the funding agreement or EMAP's Terms and Conditions, or if the total or anticipated total cost of the event exceeds the dollar amounts stipulated above, ISC Headquarters or Regional Office personnel will work with partners, including the Transfer Payments Advisory Service Branch, to review incurred costs to ensure they fall within the eligibility parameters of the Program. To the best of their ability, and to avoid the risk of assuming full or partial costs, ISC personnel and First Nations partners should maintain early and frequent communications to ensure that communities are aware of and in alignment with the Program's policies and the eligibility parameters of the EMAP's Terms and Conditions. Costs which fall outside the eligibility parameters and authorities of the Program will not be eligible for reimbursement.