Summary engagement report on a new approach for mutual transparency and accountability
Table of contents
- Executive summary
- Background
- Engagement process
- Face-to-face engagements
- On-line survey
- Conclusion
- Next steps
- Track our progress
- Annexes
- Annex A: Minister Philpott's Mandate Letter – Minister Bennett's Statement December 18, 2015
- Annex B: AFOA Canada Engagement Report
- Annex C: List of participating First Nations and organizations
- Annex D: What we heard: Summaries of face-to-face engagements
- Annex E: Summary of survey results
Executive summary
On December 18, 2015, Minister Bennett issued a statement in which she committed to work with First Nations and Indigenous organizations on the way forward for mutual transparency and accountability.
To this end, the Government of Canada sought to engage with First Nations leaders and membership to identify a way forward based on recognition of rights, respect, co-operation and partnership. Engagement sessions were held across the country with First Nations leadership and organizations. In addition, an online survey was launched in order to gauge the general sentiment of all Canadians on the topic of mutual transparency and accountability. This report describes the results of the engagement that was undertaken over the course of the past year. The engagement was intended to seek feedback on new approaches to mutual transparency and accountability and inform options for consideration and decision.
In addition to this engagement, AFOA Canada undertook an engagement of its First Nation financial community to seek feedback on a number of policy areas including the First Nations Financial Transparency Act. Feedback and recommendations were consistent with the Department's engagement results. In particular, the AFOA Canada Engagement Report recommended that:
- the First Nations Financial Transparency Act be repealed entirely
- consultation is required to determine an independent ombudsperson and Aboriginal Auditor General
- funding for a public relations and media campaign is needed to address misperceptions surrounding First Nations transparency and accountability
- the First Nations Financial Transparency Act should be replaced with a community sanctioned accountability policy which reflects the primary accountability of First Nations to their members
General themes that emerged from the mutual transparency and accountability engagement supported the recommendations put forward by AFOA Canada, and expanded on them. Some major themes from the engagement included the following:
- A mutual accountability framework needs to be in place that holds both First Nations and the Government of Canada to account
- Such an accountability framework must recognize First Nations primary accountability to their members, first and foremost
- The way forward for mutual transparency and accountability must be developed collaboratively with First Nations
- There is a need for funding to support First Nations capacity to meet accountability and transparency standards, and to develop and maintain the administrative supports, training, policies and procedures necessary to be accountable to their membership
Concurrent with these engagements, the Assembly of First Nations and Indigenous Services Canada worked collaboratively on the co-development of a new fiscal relationship. The principle of mutual accountability was a key element of their work. Following a nation-wide engagement in the fall 2017, a report entitled A New Approach: Co-Development of a New Fiscal Relationship Between Canada and First Nations was released on December 6, 2017 with numerous recommendations, including the recommendation to "co-develop an approach to repeal the First Nations Financial Transparency Act in 2018 and replacing it with a co-developed mutual accountability framework supported by First Nations Institutions-led audit and statistical functions". The report was submitted to and welcomed by the Minister of Indigenous Services and the National Chief of the Assembly of First Nations and was accepted by Chiefs-in-Assembly.
Throughout all of these engagements and collaborations it was clearly articulated that while transparency and accountability are important responsibilities for all governments and oversight is an important aspect of this, the First Nations Financial Transparency Act does not respect the nation-to-nation relationship and perpetuates a sense of mistrust between First Nations and the Government of Canada.
Background
The Government of Canada is working to renew the nation-to-nation relationship with Indigenous peoples based on recognition of rights, respect, co-operation and partnership.
A number of engagement initiatives with First Nations, Inuit, Métis communities and other Canadians have been undertaken, and more are planned or underway to achieve this goal. Engaging on the way forward with First Nations on mutual financial transparency and accountability is just one of several engagements that took place in 2017.
Accountability and transparency are key tenets of any government, whether federal, provincial, municipal or First Nations. Mutual transparency and accountability between First Nations and the Government of Canada will only truly be achieved by working in full partnership with First Nations leadership, communities and organizations to create and establish a new approach.
The First Nations Financial Transparency Act (FNFTA) came into force March 27, 2013 and requires First Nations to provide audited consolidated financial statements and a schedule of remuneration and expenses for chief and councillors to their membership, and to publish these documents on a website. The act also provides additional authorities with respect to the application of administrative measures and court remedies for failure to comply with these requirements.
The FNFTA is still in place and First Nations governments continue their practice of reporting on their financial and program performance both to their members and to the Department.
First Nations have had a long-standing requirement to provide financial and non-financial information including plans, reports and financial documents to the Department and to their memberships. Provisions within funding agreements allow the Department to share financial information (specifically the audited consolidated financial statements and other required financial statements and schedules) with First Nations members when required.
On December 18, 2015, the Minister of Indigenous and Northern Affairs:
- announced the suspension of Government of Canada initiated court actions against First Nations that have not complied with the FNFTA
- directed the cessation of other discretionary compliance measures related to the FNFTA
- reinstated funding withheld from First Nations under the compliance measures
- committed to a dialogue with First Nations on transparency and accountability more broadly, in order to move forward in a way that respects the nation-to-nation relationship
Engagement process
The engagement was designed to involve as many First Nations leaders, members and organizations, as was achievable through face-to-face sessions, emails, letters, phone calls and an online survey.
Pre-engagement
First Nations organizations such as AFOA Canada were engaged and feedback was sought on the engagement approach. As a result, AFOA Canada initiated its own engagement of its membership through five national focus groups targeting First Nations financial experts, an e-survey of its membership, and a validation exercise through its national annual conference. The results of this feedback were used to support the national approach and discussion questions for the engagement. The recommendations have been incorporated into the overall engagement feedback on mutual transparency and accountability.
Engagement
The engagement took place from January 31, 2017 to June 30, 2017 and consisted of 27 face-to-face engagements across the country, as well as an on-line survey that was open to the public, a dedicated phone line and an e-mail address.
A record of the discussion for each in-person session was made available to the participants, and a summary of priorities and key issues discussed from each of the engagements was published on Transparency and accountability engagement: What we heard.
The survey was made available to First Nations in hard copy with a mail-in address to allow those without connectivity or access to a computer to participate. Copies of the survey were available at all engagements, with information provided on how to receive additional copies.
Face-to-face engagements
Engagement sessions were held from coast-to-coast, excluding Nunavut. The majority of engagements took place in British Columbia and Saskatchewan, while engagements held in the Northwest Territories, Ontario and Quebec had the largest number of participants at each engagement session.
From the analysis of face-to-face engagement feedback, several themes emerged including:
Direct accountability
First Nations and First Nations organizations were clear that any new accountability framework would need to respect First Nations governments' primary accountability to their citizens.
Mutual accountability
First Nations indicated that a nation-to-nation relationship requires mutual accountability, whereby the Government of Canada and First Nations governments hold one another mutually accountable for the commitments they make to one another and work together to achieve results for First Nations citizens.
Collaboration
First Nations agreed that a way forward for mutual transparency and accountability must be developed collaboratively with First Nations.
Public education
The need for public education on First Nations funding and spending was a common theme in the face-to-face engagements. It was often mentioned that the lack of context behind funding received by First Nations has resulted in a public misunderstanding of financial management in First Nations communities. Further, a focus by media on negative aspects of First Nations communities perpetuates these public misconceptions. It was generally expressed that the Government of Canada has a responsibility to provide clarity and resolve these misconceptions. Public education was seen as an essential pre-requisite for true accountability. A raised awareness and fact-based understanding of First Nations programming and funding issues better equips First Nations and non-First Nations citizens to hold both First Nations and the Government of Canada to account.
Capacity development
The need for funding to support First Nations capacity to meet accountability and transparency standards was mentioned in most face-to-face engagement sessions. First Nations are increasingly finding it difficult to develop and maintain administrative supports, training, policies and procedures necessary to be accountable to their membership. Participants felt that the Government of Canada should play a greater role in supporting capacity development, particularly for smaller or more remote communities. Further, First Nations stressed that additional funding should be available if the cost and administrative burden associated with both financial and non-financial reporting increases, as First Nations already lack the resources needed to meet current reporting requirements. Keeping in mind the primary accountability of First Nations governments, as with any government, is to their membership, many First Nations felt that greater flexibility in how First Nations reported on federal funding and how they communicate financial results to their membership would lead to more meaningful, results based reporting.
Oversight
First Nations generally agreed that oversight is an important element of transparency and accountability. Several models for how this could be achieved were discussed, including utilizing existing regional or national organizations and institutions, supporting oversight at the community level, or creating new national or regional institutions such as an ombudsman or First Nations Auditor General. First Nations agreed that further analysis and engagement is necessary on this subject.
Nation-to-nation
First Nations often spoke of the nation-to-nation relationship as an overarching principle, but many felt that there needed to be more clarity in terms of what is meant by "nation-to-nation". They indicated that the Government of Canada needs to be more transparent with First Nations about the collection of First Nations data, and that the Government of Canada should report clearly on the funding that is earmarked for First Nations programming but spent on federal overhead and administrative costs, salary and travel costs.
First Nations generally support a collaborative approach to transparency and accountability and to all aspects of the relationship (for example when determining funding levels, and appropriate outcomes/results relative to the funding that is provided). It was emphasized in many engagements that accountability and transparency are responsibilities of both the Government of Canada and First Nations governments.
First Nations Financial Transparency Act
While not specifically asked about it, the First Nations Financial Transparency Act was directly referenced by First Nations participants in the majority of engagement sessions. First Nation participants indicated that the act treats First Nations inequitably, by placing a higher standard of accountability and transparency than is required of other recipients of federal grants and contributions. They also noted that this perpetuates a sense of mistrust between First Nations and the Government of Canada and that the publishing of financial information online increases public misunderstanding of First Nations funding, spending and the accountability relationship between First Nations and their membership, and First Nations and the Government of Canada.
Many First Nations expressed that they already have policies in place to enforce transparency and accountability, and the act is not required. They also indicated that a framework for accountability and transparency should be more flexible in reporting standards and how financial information is communicated to their membership.
While there was strong support for accountability and transparency, the law itself was seen to have fallen short of its mark, and would require either significant amendment to reflect the themes outlined above, or a complete repeal of the act with the view to work collaboratively on a mutual accountability framework.
Online survey
The online survey for the engagement on mutual transparency and accountability was intended to gauge the general sentiment of the Canadian public. In order to ensure privacy of respondents and to maximize participation, no controls were placed on the survey that would prevent multiple entries from a single respondent, for instance.
The survey did not aim to capture a complete and accurate picture of the overall population, but rather a sample of opinions that broadly demonstrate current perspectives on First Nations transparency and accountability.
Over 6,500 members of the public participated in the online survey. The majority of respondents from the online survey self-identified as "Other" or "Prefer not to say" when asked to describe themselves, totaling 95.8% of all respondents, while First Nations living on or off-reserve accounted for only 4.2% (Figure 2). Of the First Nations respondents, 65.9% identified as First Nations living off-reserve, while 34.6% identified as First Nations living on-reserve (Figure 3).
Strong gender and age biases are evident as well: 69.64% of respondents identified as male, and 73.3% of respondents identified as over the age of 55.
The responses received from the survey often conflicted with what was heard through the First Nation engagements. For instance, 70.12% of survey respondents strongly disagreed that First Nations should be able to follow their own standards on how they share financial information with their membership. In face-to-face engagements with First Nations and Indigenous organizations, most participants felt that it was important for First Nations to be able to determine the best way to share information with their citizens to support accountability and to meet their community needs. For example, many cited accessibility issues, in terms of language, mobility, financial literacy and access to internet as considerations in determining the best way to communicate financial information.
In other cases though, there was widespread agreement. 82.77 % of survey respondents agreed that the Government of Canada could make financial reporting for First Nations more streamlined and efficient, which is consistent with what was heard throughout the face-to-face engagements with First Nations and Indigenous organizations (Summary of Survey Results).
Key themes were identified in the narrative responses of participants identifying as First Nations living on-reserve or First Nations living off-reserve. These themes are indicated throughout the report where narrative responses were solicited. Some highlights include:
Direct accountability
There was agreement among respondents that First Nation governments are accountable to their membership for the effective delivery of programs and services; and the Government of Canada is accountable to First Nations to ensure they provide sufficient funding in a timely manner.
Public education
Public education and awareness is required so that the public better understands the accountability relationship and the ways First Nations account to their membership and to the Government of Canada.
Capacity
Respondents highlighted the current reporting burden and the need for capacity development and governance supports.
Oversight
There was general agreement with the requirement for an oversight function and receptiveness to a First Nations Auditor General or First Nations ombudsman.
Collaboration
Ongoing collaboration was identified as critical to achieving mutual transparency and accountability.
Conclusion
Overall, from the results of the engagement, several ideas were identified to support a new approach for mutual transparency and accountability between First Nations and the Government of Canada. First Nations have clearly indicated that the First Nations Financial Transparency Act does not respect a nation-to-nation relationship, and does not reflect the mutual accountabilities of First Nations and the Government of Canada.
The feedback received through this engagement process has been analysed and shared with the AFN-Government of Canada working group tasked with the development of a new fiscal relationship. From October 11 to November 20, 2017, the Government of Canada and the Assembly of First Nations further engaged with First Nation chiefs and administrators on options to support a new fiscal relationship. Feedback received was incorporated into the report A new approach: Co-development of a new fiscal relationship between Canada and First Nations, which was presented to the Minister of Indigenous Services and the National Chief of the Assembly of First Nations.
Among the report's recommendations is the call for the Government of Canada to commit to "co-develop an approach to repeal the First Nations Financial Transparency Act in 2018 and replace it with a co-developed mutual accountability framework supported by First Nations Institutions-led audit and statistical functions". A resolution accepting the report and its recommendations was accepted by Chiefs-in Assembly (Resolution #66 (PDF)) and the Minister released a statement welcoming the report on December 6, 2017.
Next steps
The Government of Canada is committed to continue to work towards implementing the recommendations of the Report of the New Fiscal Relationship joint working group. In particular, in line with engagement feedback received to date, and supported by continued engagement, an approach to repeal the First Nations Financial Transparency Act and to replace it with a co-developed mutual accountability framework.
Track our progress
To learn more about the New Fiscal Relationship and track our progress on this important initiative, please consult Establishing a new fiscal relationship.
Annex E: Summary of survey results
The online survey for the engagement on mutual transparency and accountability was intended to gauge the general sentiment of the Canadian public. In order to ensure privacy of respondents and to maximize participation, no controls were place on the survey that would prevent multiple entries from a single respondent, for instance.
The survey did not aim to capture a complete and accurate picture of the overall population, but rather a sample of opinions that broadly demonstrate current perspectives on First Nations transparency and accountability.
Over 6,500 responses were submitted in the online survey. The majority of respondents from the online survey self-identified as "Other" or "Prefer not to say" when asked to describe themselves, totaling 95.8% of all respondents, while those self-identifying as First Nations living on or off-reserve accounted for 4.2%.
Strong gender and age biases are evident as well: 69.64% of respondents identified as male; and 73.3% of respondents identified as over the age of 55.
Key themes were identified in the responses of participants identifying as First Nations living on-reserve or First Nations living off-reserve. These themes are indicated throughout the report where narrative responses were solicited. Some highlights include:
Direct accountability
There was agreement among respondents that First Nation governments are accountable to their membership for the effective delivery of programs and services; and the Government of Canada is accountable to First Nations to ensure they provide sufficient funding in a timely manner.
Public education
Public education and awareness is required so that the public better understands the accountability relationship and the ways First Nations account to their membership and to the Government of Canada.
Capacity
Respondents highlighted the current reporting burden and the need for capacity development and governance supports.
Oversight
There was general agreement with the requirement for an oversight function.
Collaboration
Ongoing collaboration was identified as critical to achieving mutual transparency and accountability.
Transparency
1. To what extent do you agree or disagree that financial transparency should include the following principles
Strongly Agree | Agree | Disagree | Strongly Disagree | Don't Know/Prefer not to answer | Total | |
---|---|---|---|---|---|---|
First Nations members should have access to information on federal funding decisions affecting them, such as funding levels and level of service expectations. | 85.12% (5,911) |
12.86% (893) |
0.65% (45) |
0.81% (56) |
0.56% (39) |
100% (6,944) |
First Nations members should have access to their First Nation's financial information, including First Nation-owned businesses. | 90.07% (6,251) |
8.36% (580) |
0.50% (35) |
0.50% (35) |
0.56% (39) |
100% (6,940) |
The Canadian public should have access to First Nations' financial information, including First Nation-owned businesses. | 74.45% (5,137) |
12.46% (860) |
6.81% (470) |
2.65% (183) |
3.62% (250) |
100% (6,900) |
The Canadian public should have access to information on federal funding in First Nations communities, excluding First Nation-owned businesses. | 72.19% (4,924) |
10.07% (687) |
6.14% (419) |
9.10% (621) |
2.49% (170) |
100% (6,821) |
2. Please share any thoughts on the principles of financial transparency.
Key themesFootnote 1: direct accountability, First Nations accountable to general public, transparency of First Nations government to membership, Government of Canada accountable to First Nations, reporting requirements
3. Please share your thoughts on how the Government of Canada can be more transparent in its relationship with First Nations, specifically as it relates to financial matters (funding agreements, determination of funding levels, etc.).
Key themesFootnote 1: Indigenous and Northern Affairs Canada (INAC) accountability/transparency, full transparency, Government of Canada accountable to First Nations, funding agreements/timing and release of funding, treat First Nations as business/government/municipality
Accountability
4. Which of the following are First Nations governments more accountable to?
- The federal government: 8.73%
- Their own First Nations community members: 9.03
- Equally to the federal government and their own First Nations community members: 82.24
5. Please share your thoughts and ideas on the accountability of First Nations governments.
Key themesFootnote 1: direct accountability, First Nations accountable to federal government, transparency of First Nations government to membership, First Nations governments are accountable and transparent, full transparency
6. Please share your thoughts on how the federal government can meet its accountability requirements on spending in a way that respects the nation-to-nation relationship: (a) to First Nations, (b) to all Canadians.
Key themesFootnote 1: (a) collaboration, treat First Nations as business/government/municipality, communication, know how/where funding is used, respect treaty agreements (b) public education and awareness, First Nations accountable to all Canadians, audits, reporting requirements, tax-payer monies.
Accountability and Transparency in Action
7. First Nations should be able to follow their own standards on how they share financial information with their membership.
- Strongly agree: 5.49%
- Agree: 4.87%
- Disagree: 17.24%
- Strongly disagree: 70.12%
- Don't know/ Prefer not to answer: 1.97%
Please share any other thoughts and ideas on this issue:
Key themesFootnote 1: uniform reporting requirements, direct accountability, transparency of First Nations government to membership, First Nations self-governance, minimum reporting standard.
8. When reporting to the Government of Canada, the same financial reporting standards should apply to all First Nations regardless of size and complexity of operations (for example, a large First Nation with multiple revenue streams and a complex governance).
- Strongly agree: 73.54%
- Agree: 19.42%
- Disagree: 3.88%
- Strongly disagree: 1.24%
- Don't know/prefer not to answer: 1.71%
Please share any other thoughts and ideas on this issue:
Key themesFootnote 1: reporting requirements, minimum reporting standard, federal funding, full transparency, uniform reporting requirements
9. Do you think the Government of Canada could make financial reporting for First Nations more streamlined and efficient?
- Yes: 82.77%
- No: 13.94%
If yes, what steps do you think the federal government could take?
Key themesFootnote 1: reporting requirements, audits, collaboration, capacity development and support, Indigenous and Northern Affairs Canada (INAC) accountability/transparency
Accountability and transparency in action
10. To what extent do you agree or disagree that the creation of an independent body (for example, a First Nations ombudsperson or Auditor General) is an option that should be explored to do the following:
Strongly Agree | Agree | Disagree | Strongly Disagree | Don't Know/Prefer not to answer | Total | |
---|---|---|---|---|---|---|
Audit all First Nations governments | 77.18% (4,675) |
15.54% (941) |
2.66% (161) |
2.48% (150) |
2.15% (130) |
100% (6,057) |
Report publicly on questions of value-for-money | 73.04% (4,370) |
19.07% (1,141) |
2.46% (147) |
2.31% (138) |
3.13% (187) |
100% (5,983) |
Make recommendations to support transparency and accountability | 78.82% (4,703) |
16.31% (973) |
1.17% (70) |
2.01% (120) |
1.69% (101) |
100% (5,967) |
Make sure the federal government is accountable to First Nations communities on financial matters | 60.14% (3,572) |
21.05% (1,250) |
6.38% (379) |
6.43% (382) |
5.99% (356) |
100% (5,939) |
Please share any other thoughts and ideas on this issue:
Key themesFootnote 1: oversight, Auditor General, audits, direct accountability, federal government accountable to First Nations
11. To what extent do you agree or disagree that an independent body (for example, a First Nations ombudsperson or Auditor General) is needed to have:
Strongly Agree | Agree | Disagree | Strongly Disagree | Don't Know/Prefer not to answer | Total | |
---|---|---|---|---|---|---|
Consistency in financial reporting to First Nations membership | 75.33% (4,505) |
17.36% (1,038) |
2.56% (153) |
2.93% (175) |
1.82% (109) |
100% (5,980) |
An appeal mechanism for First Nations members if they are having difficulty accessing financial information from their First Nation | 80.34% (4,798) |
13.48% (805) |
2.08% (124) |
2.63% (157) |
1.47% (88) |
100% (5,972) |
The federal government be accountable to First Nations communities on financial matters | 54.66% (3,223) |
22.32% (1,316) |
8.63% (509) |
7.67% (452) |
6.72% (396) |
100% (5,896) |
Please share additional feedback on the usefulness of this information:
Key themesFootnote 1: accountability mechanisms, direct accountability. Penalties for non-compliance, transparency of First Nations government to membership, Auditor General
Anything else?
12. Please share any other thoughts and advice you may have on the best way to achieve mutual transparency and accountability:
Key themesFootnote 1: direct accountability, oversight, public education and awareness, collaboration, federal government accountable to First Nations
About you
13. Have you accessed First Nation financial information in the last two years?
- Yes: 14.97%
- No: 85%
If yes, please indicate how you accessed First Nation Financial Information.
- Through the First Nation (in person, by mail, email or First Nation website): 32.61%
- Through the Indigenous and Northern Affairs Canada website: 67.39%
Please share additional feedback on the usefulness of this information:
Key themesFootnote 1: usefulness needs improvement, financial information useful, transparency of First Nations government to membership, direct accountability, First Nations governments are accountable and transparent
14. Which of the following best describes you?
- First Nation member living on-reserve: 1.44%
- First Nation member living off-reserve: 2.72%
- Other: 83.19%
- I prefer not to say: 12.65%
15. How old are you?
- Under 18: 0.02%
- 18 to 34: 3.36%
- 35 to 44: 5.65%
- 45 to 54: 12.11%
- 55 to 64: 27.41%
- 65 or older: 45.89%
- I prefer not to say: 5.57%
16. Are you?
- Female: 24%
- Male: 69.63%
- I prefer not to say: 5.51%
- Other: 0.86%
17. In what province or territory do you live?
- Alberta: 24.23%
- British Columbia: 23.55%
- Manitoba: 8.47%
- New Brunswick: 1.38%
- Newfoundland: 0.59%
- Northwest Territories: 0.19%
- Nova Scotia: 1.77%
- Nunavut: 0.00%
- Ontario: 30.86%
- Prince Edward Island: 0.25%
- Quebec: 1.08%
- Saskatchewan: 7.44%
- Yukon: 0.19%