Appearance before the Standing Committee on Indigenous and Northern Affairs (INAN) on the 2023-24 Main Estimates, May 29, 2023

Logistics

Date: May 29, 2023

Time: 3:30p.m. – 5:30p.m.

Location (hybrid): In-person (Room 415, Wellington Building, 197 Sparks Street) and virtual (zoom details TBD)

Subject: Main Estimates 2023-2024

Appearing

Context

Potential Areas of Interest for Members of the Committee

MP Michael V. Mcleod (LIB) will likely ask questions that pertain to communities in his riding in the Northwest Territories. He has argued for the importance of improving infrastructure. He was also involved in an announcement on February 3, 2022, on $3.2 million to help create 14 units of transitional homes in Hay River for women and children fleeing violence. At the March 25, 2022 INAN committee meeting on Main Estimates and Supplementary Estimates (C), he asked a question relating to Nutrition North.

MP Patrick Weiler (LIB)'s key interests are tourism, labour, housing and affordability. Last fall, he acknowledged the role all Canadians should play in addressing the legacy of residential schools and reconciliation. "Part of reconciliation is about building an understanding & repairing relationships to move towards healing" (Twitter, September 30, 2021). At the March 25, 2022 INAN committee meeting on Main Estimates and Supplementary Estimates (C), he asked questions relating to land claims and modern treaties.

MP Marcus Powlowski (LIB) has spoken about the need for more mental health resources for Indigenous people. "Although our Government has done a lot to address addictions, mental health and the opioid crisis, I do not think we have been as successful as we would like to be." (Hansard, February 8, 2022) At the March 25, 2022 INAN committee meeting on Main Estimates and Supplementary Estimates (C), he asked questions relating to: post-secondary education funding, provincial roadways, and indigenous policing.

MP Jaime Battiste (LIB) Parliamentary Secretary to the Minister of Crown-Indigenous Relations, has been a strong advocate for First Nations, Métis, and Inuit issues throughout his career. He has spoken about the inequalities that Indigenous people face, and the effects of poverty on Indigenous youth. His recent interventions in Parliament have related to the impacts of climate change on Indigenous peoples, Indigenous access to national $10/day childcare, and MMIWG.

MP John Aldag (LIB) is a new member of INAN from British Columbia. He has spoken recently on Indigenous cultural and artistic issues as part of debate on Bills C-23 - An Act respecting places, persons and events of national historic significance or national interest, archaeological resources and cultural and natural heritage and Bill S-202 - An Act to amend the Parliament of Canada Act (Parliamentary Visual Artist Laureate).

MP Jaime Schmale (CPC) (Vice-Chair) Vice-Chair of the Committee and CPC Critic for Crown-Indigenous Relations, has been vocal on a wide range of Indigenous issues. At recent appearances by officials from ISC, MP Schmale and other CPC MPs have used lines of questioning related to the Department's performance indicators in Departmental Plans, Departmental Results Reports, and Departmental Results Frameworks.

MP Gary Vidal (CPC) is the CPC Critic for Indigenous Services. He has spoken on a wide range of Indigenous issues, including about the lack of funding allocated to Indigenous communities in the Prairies, as well as the need for better housing. He recently substituted onto the Standing Committee on Public Accounts during the appearance of ISC officials and the Auditor General (AG) on Report 8. During that meeting he asked the AG what action ISC needed to undertake to make more tangible progress; and he asked ISC DM Gina Wilson about the AG's analysis that the departmental split of INAC into ISC and CIRNAC has resulted in more funding, but not improved results. (PACP, November 25, 2022)

MP Eric Melillo (CPC) is the CPC Critic for the Federal Economic Development Agency for Northern Ontario. He has been engaged on topics such as economic development opportunities in remote, rural and northern communities, especially northern Ontario. He has spoken recently on CAP's exclusion from the National Council on Reconciliation (Bill C-29), Parliamentary Budget Officer and Auditor General Reports on spending by ISC despite a lack of improvements in the lives of Indigenous people (Hansard, November 29, 2022),

MP Bob Zimmer (CPC) is the CPC Critic for Northern Affairs and Arctic Sovereignty, as well as the Critic for the Canadian Northern Economic Development Agency. He has asked questions around fisheries, and military capabilities in the North and Arctic Sovereignty. During debate on Bill C-29 (An Act to provide for the establishment of a national council for reconciliation), MP Zimmer spoke about economic reconciliation and it's exclusion from the bill (Hansard, November 29, 2022).

MP Marilène Gill (BQ) (Vice-Chair) critic of Crown-Indigenous Relations and Northern Affairs, has posed questions at INAN in previous years about Indigenous rights, food security in the North, and the lack of progress in the Truth and Reconciliation Commission's Calls to Action. At the March 25, 2022 INAN committee meeting on Main Estimates and Supplementary Estimates (C), she asked questions relating to: housing, UNDRIP costs, Residential School document disclosure, unmarked burial sites and CTAs 72-76.

MP Lori Idlout (NDP) critic of Crown-Indigenous Relations and Northern Affairs, will likely focus her questions on housing and the economy in Nunavut. At the March 25, 2022 INAN committee meeting on Main Estimates and Supplementary Estimates (C), she asked questions relating to: elder care, mental health supports, economic development, clean energy, infrastructure spending, progress on CTAs, and Nutrition North.

Meeting Proceedings

The Chair will call the meeting to order and provide instructions for the meeting proceedings. He will then introduce the witnesses and invite the Ministers to deliver opening remarks. This will be followed by a Q&A period (details below).

It is recommended that all speakers speak slowly and at an appropriate volume to ensure they are heard by the interpreters. All witnesses are asked to mute their microphones unless they are speaking.

While simultaneous translation will be available, witnesses are asked to respond to questions in either English or French, but to limit switching back and forth between languages as this often creates technology/interpretation challenges. It is recommended that the speeches are made in one official language.

Following the opening remarks, there will be rounds of questions from Committee members (as listed below).

Committee members will pose their questions in the following order:

• First round (6 minutes for each Party)
  • Conservative Party of Canada
  • Liberal Party of Canada
  • Bloc Québécois
  • New Democratic Party of Canada
• Second round
  • Conservative Party of Canada (5 minutes)
  • Liberal Party of Canada (5 minutes)
  • Bloc Québécois (2.5 minutes)
  • New Democratic Party of Canada (2.5 minutes)
  • Conservative Party of Canada (5 minutes)
  • Liberal Party of Canada (5 minutes)

The meeting can be watched via ParlVU, however there may be an up to 70-second delay with the field. A real time audio line will be shared if one is provided for this meeting.

Other Information For Appearing In-Person

• Witnesses should arrive 30 minutes early so they may go through security, especially those without a Hill pass

Main Estimates 2023-24 - ISC

• Our Government is committed to building a renewed relationship with Indigenous Peoples, based on the recognition of rights, respect, co-operation, and partnership.
• ISC's 2023-24 Main Estimates is $39.6 billion, which will allow the Department to deliver on priorities that are linked to six Service Areas: Health, Children and Families, Education, Infrastructure and Environments, Economic Development, and Governance.
• ISC continues to works collaboratively with partners to improve access to high quality services for First Nations, Inuit and Métis.

If pressed on major changes

• The 2023-24 Main Estimates reflect a net increase of $5.9 million, or 0.01% compared to last year Main Estimates. Some major changes are:
  • an increase of $981.5 million for costs related to compensation to the First Nations Child and Family Services and Jordan's Principle programs;
  • a net increase of $454.6 million to support the implementation of the Act respecting First Nations, Inuit and Métis children, youth and families; and
  • a decrease of $2.0 billion for out-of-court settlements.

If pressed on the increase for costs related to compensation to the First Nations Child and Family Services (FNCFS) and Jordan's Principle programs (+$981.5 million)

• This funding will support the implementation of the Canadian Human Rights Tribunal (CHRT)'s orders to compensate First Nations children and families for the harm caused by the discriminatory underfunding of the FNCFS Program, and those who experienced a gap, delay, or denial of an essential service in the class period.
• It also supports associated administration and legal costs related to its implementation.

If pressed on the net increase to support the implementation of the Act respecting First Nations, Inuit and Métis children, youth and families (+$454.6 million)

• This funding will further the implementation of an Act respecting First Nations, Inuit and Métis children, youth and families.
• This includes terms and conditions for a new grant program, operationalization funding for Indigenous communities, and expanding negotiation funding as well as internal resources.

If pressed on the net increase for Indigenous community Infrastructure (+$228.0 million)

• The funding is to support essential infrastructure needs for First Nations on-reserve in resolving urgent health and safety concerns associated with housing, education facilities, water and wastewater, other community infrastructure, and health facilities. 
• This funding will contribute to the Government's commitment to close the gap in critical infrastructure by 2030.

If pressed on the net increase for Child and Family Services (+$162.7 million)

• Funding for First Nations Child and Family Services will ensure that Canada meets its legal obligation to continue implementing the Canadian Human Rights Tribunal's orders pertaining to the First Nations Child and Family Services Program and will support ongoing program delivery.
• This funding will also support the Final Settlement Agreement on long-term reform, which includes the implementation of 2021 Canadian Human Rights Tribunal 41.

If pressed on the net increase for emergency management on reserve (+$123.0 million)

• The funding is to support First Nations community response and recovery activities for emergency events such as flood, wildfire and extreme weather events, including health emergencies such as tuberculosis, HIV or mental health crisis.
• Funding will ensure that First Nation communities will have reliable and sustainable emergency management resources.

If pressed on the increase to implement the federal framework to address the legacy of residential schools (Budget 2022) (+$113.3 million)

• Funding will support the advancement of key Government of Canada priorities and commitments addressing the ongoing legacy of residential schools by maintaining expanded access to trauma-informed cultural and emotional support services.
• This includes dedicated funding for urban and Métis organizations to address identified gaps in service areas.

If pressed on the decrease for implementation of the British Columbia (BC) Tripartite Framework Agreement on First Nation Health Governance (-$241.6 million)

• The decrease is due to a sunset of funding for implementation of the British Columbia Tripartite Framework Agreement on First Nation Health Governance.
• As part of the BC Tripartite Framework Agreement on First Nation Health Governance, on October 1st 2013, the Government of Canada transferred its role in the design, management, and delivery of First Nations health programming in BC to the new First Nations Health Authority.

If pressed on the net decrease for non-insured health benefits for First Nations and Inuit (-$374.3 million)

• The funding for non-insured health benefits for First Nations and Inuit is to continue providing supplementary health benefits without interruption or reduced coverage.
• The decrease is due to the net decrease in funding for non-insured health benefits for First Nations and Inuit.
• This also includes a transfer from Health Canada to improve access to Drugs for Rare Diseases for eligible First Nations and Inuit clients.

If pressed on the decrease of out-of-court settlements (-$2,003.5 million)

• The funding for out-of-court settlements will be used to advance Canada's overall commitment to reconciliation by paving the way for a more respectful and constructive relationship with Indigenous Peoples.
• The decrease reflects one of out-of-court settlements was resolved in 2022-23.
• The federal government is committed to resolving legal challenges through respectful discussion and mediation.
• The details of out-of-court settlements cannot be discussed at this time due to litigation confidentiality.

Background

The 2023-24 Main Estimates for ISC is $39.6 billion. It reflects a net increase of $5.9 million, or 0.01%, compared to last year's Main Estimates. The major changes include:

• an increase of $981.5 million for costs related to compensation to the First Nations Child and Family Services and Jordan's Principle programs;
• a net increase of $454.6 million to support the implementation of the Act respecting First Nations, Inuit and Métis children, youth and families;
• a net increase of $228.0 million for Indigenous community infrastructure;
• a net increase of $162.7 million related to Child and Family Services;
• a net increase of $123.0 million for emergency management on reserve;
• an increase of $113.3 million to implement the federal framework to address the legacy of residential schools (Budget 2022);
• a decrease of approximately $241.6 million due to the sunset of funding for implementation of the British Columbia Tripartite Framework Agreement on First Nation Health Governance;
• a net decrease of $374.3 million for non-insured health benefits for First Nations and Inuit;
• a decrease of $2,003.5 million for out-of-court settlements; and
• a net increase of $562.2 million for a large number of initiatives with changes in the approved funding levels.

Key Messages

• Budget 2023 invests an additional $10.7 billion to support Indigenous programming and Reconciliation across all departments, which accounts for 24.8% of total new investments (including settlements).
• Approximately $1.7 billion was announced for ISC. This new funding amounted to approximately 3.9% of Budget 2023 investments.
• In addition, Budget 2023 re-announced $2 billion for Indigenous Health Equity.
• Areas of announced new funding to ISC include:
  • Economic Reconciliation
    • Enhancements to the Reserve Land and Environment Management Program ($30 million over 5 years)
    • Support for the co-development of an Economic Reconciliation Framework ($5 million over 1 year)
  • Health Equity in First Nations and Inuit Communities
    • Support for medical travel and to maintain medically necessary services through the Non-Insured Health Benefits Program ($810.6 million over 5 years)
    • Interventions to eliminate tuberculosis in Inuit communities ($16.2 million over 3 years)
  • First Nations Governance and Capacity
    • Continued support for the administrative capacity of First Nations governments and tribal councils ($76.3 million over 1 year)
  • Community-level implementation of An Act respecting First Nations, Inuit and Métis children, youth and families.
    • Support for Peguis First Nation in Manitoba and Louis Bull Tribe First Nation in Alberta to exercise jurisdiction over their child welfare systems ($444.2 million over 3 years)
• Additionally, as a shared initiative across the CMHC, CIRNAC, and ISC, $4 billion was announced to implement a co-developed Urban, Rural and Northern Indigenous Housing Strategy. Work is underway to determine how these funds will be shared and implemented.

Background

• On March 28, Budget 2023 announced a total of $43 billion over six years in new investments in four key areas:
  • New, targeted inflation relief;
  • Stronger public healthcare, including dental care;
  • Investments to build Canada's clean economy, create good middle class careers and economic prosperity; and
  • Responsible fiscal plan, maintaining a low deficit and debt-to-GDP ratio.
• Previous year budgets:
  • Budget 2022 announced $4.4 billion to ISC out of $44 billion total.
  • Budget 2021 included $15 billion to ISC out of $68.9 billion total.

Current Status

• ISC is developing a strategic and coordinated approach to the implementation of new initiatives. The approach will be mindful of the opportunities to develop effective and efficient approaches to working with Indigenous partners, central agencies, and other federal partners.
• ISC will continue to work with other government departments to identify opportunities to leverage investments of more general application, particularly with respect to supporting the health and wellbeing of Indigenous Peoples.

Key Messages

• All Canadians deserve access to safe, clean and reliable drinking water.
• As of December 31, 2022, more than $3.03 billion of targeted funding has been invested to support 1,058 water and wastewater projects, of which 525 are now complete and 533 are ongoing. These projects will serve 470,000 people in 589 First Nations communities.
• As of May 2023, First Nations, with support from Indigenous Services Canada, have lifted 139 long term drinking water advisories to date.
  • Approximately 45% of remaining long-term drinking water advisories are expected to be lifted by the end of December 2023.
  • Over 250 short-term drinking water advisories were also addressed, preventing them from becoming long-term drinking water advisories.
• Initiatives are underway in 27 communities to resolve the remaining 31 advisories.

Background

• Responsibility for safe drinking water on reserves is shared between First Nation communities and the Government of Canada.
  • First Nations are the managers and operators of their water and wastewater systems and are responsible for issuing or rescinding drinking water advisories, generally based on the advice of an environmental public health officer.
  • ISC provides advice and financial support to First Nations communities for their public water and wastewater systems and ensures that drinking water quality monitoring programs are in place.
• Since 2016, the Government of Canada has committed $4.39 billion of targeted funds until 2023–2024 ($4.20 billion excluding funding for Indigenous Services Canada [ISC] departmental operating expenses, i.e. operating expenses related to ISC's administration of the targeted infrastructure investment portfolio). An additional $1.22 billion in new funding has been committed to support First Nations to operate and maintain their water and wastewater infrastructure, for a total commitment of $5.61 billion.
  • Budget 2016 committed $1.83 billion over five years ($1.73 billion excluding funding for operating expenses) to improve water and wastewater infrastructure on reserves, ensure proper facility operations and maintenance, and strengthen capacity by enhancing the training of water system operators in First Nations communities (sunsetted).
    • Budget 2016 also included $141.7 million in new funding to continue providing independent public health advice, guidance and recommendations to improve drinking water monitoring and testing on reserves.
  • Budget 2017 committed $49.1 million over three years, starting in 2018–2019, to improve water and wastewater infrastructure on reserves (sunsetted).
    • An additional $4.5 million over one year (2018–2019) from Operation Return Home was committed to support water and wastewater projects in Lake St. Martin-area First Nations displaced by floods in 2011 (sunsetted).
  • Budget 2018 committed $172.6 million over three years to improve access to clean and safe drinking water on reserves (sunsetted). Budget 2018 supported repairs to high-risk water systems, recruitment, training and retention initiatives, and the establishment of innovative First Nations-led service delivery models.
  • Budget 2019 committed $1 billion over five years, which includes:
    • $133.4 million over two years, starting in 2019–2020, to support urgent repairs to vulnerable water and wastewater systems (sunsetted);
    • $605.6 million over four years, starting in 2020–2021, and $184.9 million per year ongoing thereafter, to support the operations and maintenance of water and wastewater infrastructure in First Nations communities;
  • The 2020 Fall Economic Statement (FES) committed $1.5 billion in funding to help meet the Government of Canada's commitment to clean drinking water in First Nations communities:
    • $520.5 million over one year ($494.6 million excluding funding for operating expenses) to continue funding water and wastewater infrastructure on reserves to prevent future drinking water advisories from occurring (sunsetted);
    • $309.8 million over one year ($308.2 million excluding funding for operating expenses) to support and accelerate ongoing work to lift all long-term drinking water advisories on public systems on reserves by helping to respond to project delays including those caused by COVID-19 (sunsetted);
    • $616.3 million over six years and $114.1 million per year ongoing thereafter to support the operation and maintenance of water and wastewater infrastructure on reserves;
    • $32.9 million for Environment Public Health Officers who provide critical public health services in First Nations communities, including efforts to mitigate the impacts of COVID-19.
    • $19.7 million over two years (excluding funding for ISC departmental operating expenses), starting in 2021–2022, toward a water treatment facility in Asubpeeschoseewagong Netum Anishinabek (Grassy Narrows First Nation).
      • This targeted investment was part of a larger $200.1 million announcement for the construction and operations of a water treatment facility and mercury care home and in Grassy Narrows First Nation, and a mercury wellness centre in neighboring community, Wabaseemoong Independent Nations.
  • Budget 2021 committed $1.04 billion over two years ($989.3 million excluding funding for operating expenses), starting in 2022–2023, for the First Nations Water and Wastewater Enhanced Program. These investments will support the planning (including feasibility and design studies), procurement, construction, and commissioning of both minor and major water and wastewater capital projects for new builds and system repairs and upgrades in First Nations communities.
  • Budget 2022 committed $301.5 million ($292.7 million excluding funding for operating expenses) to improve access to clean drinking water on reserves, including:
    • $246.6 million over two years ($238.2 million excluding funding for operating expenses) to address and prevent long-term drinking water advisories affecting public systems on reserves;
    • $54.9 million in 2023–2024 ($54.5 million excluding funding for operating expenses) for the Curve Lake First Nation water treatment plant and distribution system.

• Improving access to clean water has important positive impacts in the context of social determinants of health and closing gaps for sub-populations facing the greatest barriers including individuals with disproportionate caretaking responsibilities, often women and/or single parents; low-income households; people who are pregnant or have underlying health conditions; disabled people; elders; and children.
  • Boiling water or transporting bottled water can add hours to simple caregiving tasks, such as bathing and other personal hygiene, cleaning, cooking, preparing infant formulas, and/or doing the laundry.
  • Additionally, boiling water or transporting bottled water requires additional labour that can be especially challenging for children, elders and persons with disabilities. Furthermore, costs associated with boiling water or purchasing bottled water disproportionately impact low-income households.
  • Labour and resources which can be redirected away from accessing clean water to other priorities may also advance well-being, such as by pursuing education or purchasing more nutritious food.
• Budget 2022 also committed to provide $173.2 million over ten years, starting in 2022-23, to support the transfer of water and wastewater services in 17 communities to the Atlantic First Nations Water Authority.
• The Water Authority's model supports Indigenous self-determination and accountability over how water and wastewater services and assets are being planned, prioritized, funded, managed and delivered to participating Atlantic First Nations.
• First Nations communities do not have legally enforceable safe drinking water protections comparable to what's in place in provinces and territories.
• In 2013, the Safe Drinking Water for First Nations Act was created to support the development of federal regulations to support First Nations' access to clean, reliable drinking water and effective treatment of wastewater. However, First Nations voiced concerns about this legislation during ongoing engagement since 2018, saying the law was not effective.
  • In response to these concerns, and aligned with the Safe Drinking Water Class Action Settlement Agreement, the Government of Canada repealed the 2013 Safe Drinking Water for First Nations Act on June 23, 2022. The Government of Canada is committed to developing and introducing new First Nations drinking water and wastewater legislation, in consultation with First Nations.
  • Following repeal of the 2013 Act, the Government of Canada enhanced engagement with First Nations rights holders to advance the development of a legislative proposal for First Nations drinking water and wastewater.
  • Engagement on the consultation draft of the legislative proposal ended on April 23, 2023.
• The Government of Canada's engagement approach includes:
  • advancing development of a legislative proposal for drinking water and wastewater with the Assembly of First Nations
  • ongoing direct engagement with First Nations rights holders, Modern Treaty and Self Governing Nations, including group-based sessions and individual sessions
  • engaging provinces and territories on source water protection to inform the development of the legislative proposal
• First Nations governments and citizens must be able to shape this work and assess if it will meet their needs.

Current Status

• It is currently expected that:
  • 14 of the remaining 31 LT DWAs will be lifted by the end of December 2023;
  • 2 by summer 2024; and
  • 1 by fall 2025.
• There are 14 LT DWAs in effect for which target lift dates cannot be estimated at this time due to the nature of the issues, or because the project is not sufficiently advanced to be able to set a date.
• ISC, the Circuit Rider Trainer Program, and Ontario Hubs are providing support to communities to advance projects and establish schedules for repairs, upgrades, operator training and lift dates.
• Currently, there are communities unable to lift LTDWAs due to capacity issues for water and wastewater operators. In line with closing the infrastructure gap by 2030, future program needs may need to be expanded in order to ensure communities have sufficient resources to train, retain and certify water and wastewater operators on reserve.
• Ultimately, the decision to put in place a particular solution is made by the First Nation's leadership.
  • In some cases, a small repair or the replacement of a piece of equipment is needed to restore water and/or wastewater services to the community.
  • In other cases, the drinking water and/or wastewater infrastructure no longer works and needs to be completely replaced, which may take several years to plan, design and build.
  • Where possible, we work with First Nations to develop an interim solution, which could include a repair or upgrade to the system while new infrastructure is being constructed.
• ISC has taken all possible measures to monitor, assess, prevent, mitigate, and respond to risks as needed throughout 2021-22. First Nations, particularly in remote locations, faced supply issues, limited contractor availability, and market saturation which can delay funding implementation.
  • The current global shortage for supplies, equipment, and capacity, due to the pandemic, posed a risk that could impact project schedules, and the ability to meet previously established target lift dates for the remaining long-term drinking water advisories.
  • Compounded by the pandemic measures in place, resource shortages had the potential to delay the implementation of various infrastructure projects and significantly impact forecasted project costs.
• An internal evaluation of the First Nations Water and Wastewater Activities On-Reserve is scheduled for 2025-26. The timing for these evaluations may change based on the needs, risks, and priorities assessed through the annual departmental evaluation planning exercise

Issue Summary

• In partnership with First Nations communities, provincial and territorial governments and non-government organizations, Indigenous Services Canada's Emergency Management Assistance Program (EMAP) helps communities on reserve access emergency assistance services.
• EMAP provides funding to First Nations communities so they can build resiliency, prepare for natural hazards and respond to them using the four pillars of emergency management: mitigation, preparedness, response, and recovery.
• In November 2022, the Office of the Auditor General (OAG) of Canada completed an audit of emergency management in First Nations communities. The audit included 7 recommendations focused on improving the services provided by EMAP and the First Nations Infrastructure Fund.

Key Messages

• ISC is committed to addressing the OAG's 7 recommendations and to continually improve the services it delivers.
• The department has released a Management Response Action Plan which outlines the specific actions, timelines, and interim milestones that the department will pursue in its efforts to address the recommendations.
• The department is aiming to have addressed each recommendation by the beginning of fiscal year 2026-27.
• In addition to addressing the OAG report, ISC is working with First Nations partners to prepare for the upcoming flooding and wildfire seasons. Planning and preparation for communities that have a recurring flood risk are ongoing.

Background

• Prior to 2022, the last time EMAP was implicated in an OAG audit was in 2013. The 2022 audit report notes that some of its findings were similar to the findings of the 2013 report.
• Between the 2013 and 2022 audits, EMAP has changed significantly. Following the 2013 audit, EMAP adopted a "single-window" approach to emergency management. EMAP was to become a single point of entry to receiving emergency management related services. During this time ISC signed a number of emergency management service agreements with provincial government to ensure First Nations communities had access to the services they needed in times of crisis.
• Separate from EMAP, but also implicated in the 2013 audit was the First Nations Infrastructure Fund (FNIF) which provides funding for structural mitigation projects alongside other infrastructure funding. Though separate from EMAP, following the 2013 audit, FNIF developed its current priority ranking framework for infrastructure projects in First Nations communities.
• In 2019 major investments were made in expanding EMAP. Beyond existing supports for responding to and recovering from emergency events, Budget 2019 introduced funding for Non-Structural Mitigation and Preparedness projects, Capacity Enhancement funding, and funding to support the development of multilateral emergency management service agreements.
• Following the release of the OAG's report in November, ISC appeared twice before both the House of Commons Committee on Public Account (PACP) and Indigenous Affairs (INAN).

Current Progress

• ISC has begun its preliminary work to address the audit's recommendations. Actions for each recommendation are outlined in the department's Management Response Action Plan (MRAP).
• The department will update and refine its action plan as progress is made towards each recommendation. New government funding and the unpredictable nature of emergency events may also require ISC to adapt its plans for improving on the OAG's recommendations.
• Below, the department's intended approach to address each recommendation is outlined:
  • (1) 8.32: Risk-based Approach:
    • ISC is addressing this recommendation by reviewing current funding practices and conducting an analysis of potential threats and related risk factors that can impact communities. By identifying communities with the highest risk factors, ISC will be better informed as to which communities are in most need of funding. This augments risk management practices while providing ISC with better foresight to better support communities with greater likeliness of being impacted by future emergency events.
    • The New Risk approach is expected by the beginning of fiscal year 2024-25.
    • ISC previously used a risk-based funding formula that incorporated historical data on 5 data points to distribute funding. The data points are updated annually and thus react to changes over time. The formula includes the following measures: (1) the 10 year average cost of emergencies in First Nations communities in each region, (2) population of on-reserve communities in the region, (3) 10 year average of the number of emergencies in First Nation communities in each region, (4) number of remote and isolated First Nation communities in each region, (5) Number of First Nation communities in each region.
  • (2) 8.36: Unfunded Structural Mitigation Projects:
    • ISC is currently working to develop an implementation plan to address the unfunded backlog in a timeframe that aligns to the MRAP. As of April, 2023, based on discussions with First Nation communities there are 49 eligible unfunded structural mitigation projects that remain a priority for communities with an estimated project cost of approximately $93.5 million.
    • In the long-term, ISC will integrate unreviewed structural mitigation projects into capital investment processes and use alternate funding (Other Community Infrastructure Funding) as available until 2027-28 where it is possible, and pursue new infrastructure funds, to address the remaining unreviewed structural mitigation projects..
    • To support our First Nation partners in accessing the funding and support needed, ISC will continue to work with various government departments that provide funding to First Nation recipients through a variety of programs, including Infrastructure Canada and Crown-Indigenous Relations and Northern Affairs Canada, as well as provinces and territories to leverage opportunities for greater integration, and ensuring information is actively shared with First Nations.
  • (3) 8.39: Update departmental EM plans:
    • ISC is working to address this recommendation by reviewing existing emergency management plans and identifying leads for each region. Next steps will include developing a template for new EM plans, and arranging an opportunity for First Nations input on plan development.
    • Engaging directly with First Nation communities will ensure that the needs of their community will be reflected in new plans.
    • Updated plans expected by March 2024.
  • (4) 8.42: Emergency Management Coordinators:
    • ISC is expecting to have identified communities and organizations eligible for further EMC positions by mid-2024. These coordinators will work directly with First Nation communities to develop tailor made emergency management plans. Each plan will be able to address the unique needs of each First Nations community.
    • ISC is gathering input from First Nations leadership and EMCs themselves while working on the new risk based approach [identified in rec 8.32]. Once the new risk based approach is ready to be applied to EMCs (estimated April 2024) the department will cross reference communities without EMCs with those at the most risk.
    • Currently, funding for EMCs is distributed according to EMAP's risk-based funding formula. Each nominal full-time position is funded at $135,000 which includes both salary and administrative costs associated with creating and maintaining the position (travel, training, etc).
    • Regions may distribute positions as funded or break them up into part-time positions to increase the number of communities supported.
  • (6) 8.62: Service Standards:
    • ISC aims to achieve this recommendation by developing new multilateral emergency management service agreements that include First Nations as full and equal partners in the negotiation of the services that will meet their needs.
    • Through direct engagement, we will be able to gain a better understanding of First Nations needs, and the timelines the proper supports need to be delivered in.
    • Wildfire agreements exist with the provinces of BC, ON, MB, AB, SK, QC. Further, Atlantic provinces each received a perpetual allocation of $10,000 annually to support fire suppression costs.
    • ISC is working to update these agreements in line with ongoing efforts to negotiate multilateral emergency management service agreements in each province and territory
  • (7) 8.66: Performance indicators to measure progress against the United Nations' Sustainable Development Goals (UNSDG):
    • ISC is reviewing the Emergency Management Assistance Program's 53 current indicators and considering new indicators that are directly related to the United Nations' Sustainable Development Goals (UNSDG).
    • We will continue to use our engagement with First Nations leadership to ensure that performance indicators best judge ISC's ability to provide First Nation communities with the supports they need.
    • Once approved these new indicators will be implemented by March 2025.
  • (8) 8.68: Identifying, defining, and monitoring comparable services:
    • ISC will address this recommendation by reviewing existing bilateral agreements for service monitoring effectiveness.
    • ISC will engage with First Nations to gather their perspective on service comparability, and work to support the development of standards for comparable services by First Nations themselves through the negotiation of multilateral emergency management service agreements.

Upcoming Flood and Wildfire Season Planning

• ISC continues to work with First Nations and partners to support Nations to prepare for emergency events, including flood mitigation planning and strategies and the development of risk assessments.
• First Nation emergency response plans will be activated to address flooding and other emergency events when required.
• ISC-supported mitigation and prevention activities for the upcoming flood season include: flood assessment mapping, road drainage planning, icebreaking, snow removal, culvert and ditch clearing, and sandbagging.
• ISC is currently engaging with disproportionately-impacted communities, such as Peguis First Nation, to implement their Flood Preparation Plan for the 2023 flood season.
• ISC is also supporting First Nations in their preparation for the 2023 wildland fire season. ISC-supported activities for the upcoming wildland fire season include: tree thinning, delimbing and disposal of woody debris in forested areas adjacent to First Nation residential areas and other important areas.

Key Messages

• The Government of Canada has committed to closing the critical infrastructure gap in First Nations, Inuit and Métis communities by 2030.
• Since 2016 and as of December 31, 2022, $8.49 billion in targeted funds have been invested, supporting 8,206 infrastructure projects in First Nations.
• This includes :
  • 1,058 water and wastewater projects;
  • The construction, renovation or retrofit of 14,986 housing units;
  • 273 schools projects, including 67 new schools;
  • 257 health projects, including construction or renovation of 79 health facilities; and,
  • 2,656 projects to support other community infrastructure, including everything from roads and bridges to fire protection to cultural and recreational facilities.
• We know there is more to do and we continue to work in partnership with Indigenous leadership and communities to implement community-led solutions and invest in the future of Indigenous peoples to improve their quality of life and create new opportunities.
• Communities across Canada are experiencing severe weather and changing climate patterns resulting in significant physical, social and economic impacts to which Indigenous communities are disproportionately affected.

Background

• In 2019, the Government of Canada made a commitment to work with First Nations, Inuit, and Métis partners to close infrastructure gaps by 2030. Infrastructure service delivery for First Nations on-reserve needs major transformation and investment to achieve the Government of Canada's mandate to close the infrastructure gap by 2030.

Current Status

Key Messages

• Since 2016, the Government of Canada has committed over $10 billion in funding to address long-standing housing gaps in Indigenous communities, through Indigenous Services Canada, Crown-Indigenous Relations and Northern Affairs Canada and the Canada Mortgage and Housing Corporation.
• These investments are achieving results. Census 2021 showed that, since 2016, the share of Indigenous people living in overcrowded homes or homes that require major repairs has declined, and the gap between Indigenous and non-Indigenous populations living in crowded housing declined by 1.7 per cent.
• The Government of Canada will continue to work diligently with partners to ensure that Indigenous people across the country have access to safe and adequate housing.

Background

Current Status

• Since 2016, ISC has disbursed over $1.3 billion to First Nations to support their housing needs and priorities.
• Over the last seven years, Indigenous Services Canada and Canada Mortgage and Housing Corporation have jointly supported the construction, renovation and retrofit of 29,421 homes on reserve.
• Budget 2021 and 2022 investments will continue to support First Nations to increase the number of available homes and address critical housing needs.

Key Messages

• The Government of Canada is unequivocally committed to eliminating the residual impacts of enfranchisement in the Indian Act.
• Indigenous identity is complex and deeply personal. Canada understands that for many people, registration under the Indian Act can be an important part of understanding their identity and heritage.
• Indigenous Services Canada continues to hear from First Nations that the second-generation cut-off is disrupting their communities because of the limits it has on the transmittal of status.
• Indigenous Services Canada is committed to launching consultation on the second-generation cut-off as a priority.
• Indigenous Services Canada welcomes broad participation in this consultation, as we facilitate dialogue to determine the preferences of our First Nations partners on a remedy for this significant issue.
• Efforts include the implementation of legislative amendments  through Bill S-3 along with policy and process changes, modernization of government operations, and outreach to potentially affected people.
• Canada, the litigants and First Nations and other Indigenous partners have engaged in the co-development of proposed legislative solutions for the residual impacts of enfranchisement and other inequities resulting in the introduction on Bill C-38 on December 14, 2022.
• On February 24, 2023, the Government tabled its response to the Standing Senate Committee on Indigenous Peoples in their report entitled, "Make it Stop, Ending the remaining discrimination in Indian Registration,"
• The Government is taking action on many of the Committee's recommendations and commits to deliver an annual report on registration. The Government acknowledges and has started the work required to address remaining inequities and will continue to work with partners towards the full implementation of the amendments to the Indian Act.
• The Government emphasizes that solutions to resolve remaining inequities in registration and membership must comply with statutory obligations for consultation and cooperation with Indigenous peoples under the United Nations Declaration on the Rights of Indigenous Peoples' Act (UNDA).

Background

• The Minister of Indigenous Services has a mandate to support First Nations' self-determination and to transition away from the Indian Act. In support of that mandate, and in response to the active Nicholas v AGC Charter challenge on enfranchisement-related inequities, on December 14, 2022, Bill C-38, An Act to amend the Indian Act (new registration entitlements), was introduced in Parliament to address other remaining inequities, including the discriminatory treatment of families impacted by the historic enfranchisement provisions under the Act. Bill C-38 proposes to address inequities in registration and band membership under the Act related to enfranchisement.
• In 1985, the second-generation cut-off was introduced as part of the Bill C-31 amendments and created two general categories for registration under 6(1) and 6(2) of the Indian Act. Individuals under these categories have different capacities to transmit entitlement to their descendants, and individuals entitled under 6(2) cannot pass on that entitlement to their descendants alone. The second-generation cut-off occurs after two consecutive generations of parenting with a person who is not entitled to registration. After the second consecutive generation of a parent who is not entitled to registration, the third generation is no longer entitled to registration.
• Bill C-31 amendments were introduced in response to concerns raised by First Nations during Parliamentary debates with respect to resource pressures and cultural erosion in First Nation communities. First Nations expected a significant increase in registered individuals with no current familial, kinship or community ties. The rationale for the inclusion of this cut-off was an attempt to balance individual and collective rights with a view to protecting First Nation culture and traditions. The second-generation cut-off is applied without consideration for individual or family circumstances and the different categorization between 6(1) and 6(2) can cause issues for registered individuals and their non-entitled children.
• During the Collaborative Process of 2018-2019, a number of potential solutions for the second generation cut-off were raised by First Nations. These included: "removing all cut-offs; shifting to a one-parent rule (requiring only one parent to be registered); use of blood quantum; use of DNA; removing the categories completely so people are either simply registered or not; transfer of control to First Nations to decide who their people are." In 2019, the Ministerial Special Representative noted that the federal government must "urgently raise the awareness of this issue and its impact on First Nation communities" and recommended" a separate and more in-depth consultation process begin to develop solutions to address this inequity."
• The Department anticipates a formal announcement on consultation for this issue in the coming weeks. In the meantime, the Department continues to offer weekly virtual information sessions on Bill C-38 for individuals, communities, and Indigenous organizations. These sessions offer information on the current proposed amendments and provide a forum for discussion around broader reform issues, including the second-generation cut-off.

Current Status

• Bill C-38 seeks to remedy issues in registration and band membership that have been highlighted as pre-requisite fixes needed to support a full transition from the current Indian Act. It would:
  • Address the ongoing impacts stemming from a family history of enfranchisement on entitlement to registration today;
  • Support the autonomy of individuals by ensuring they can have their names removed from the Indian Register;
  • Recognize the acquired rights of all individuals to their natal band membership;
  • Eliminate outdated and offensive language about First Nations persons with a disability.
• As a result of the proposed changes, over the next five years, it is projected that nearly 3500 individuals will be impacted by these changes and could be newly eligible for registration under the Indian Act.
• Acknowledging that other inequities remain, the Department will co-develop and launch in 2023 a consultation process on options to address broader reform issues, including section 10 voting thresholds and the second-generation cut-off. A brief overview of these remaining issues follows:
  • Section 10 voting thresholds: currently, a First Nation must obtain a double majority voting threshold to assume control of their membership. This has been identified as a difficult barrier for nations to reach.
  • Second Generation cut-off: Introduced in 1985, the second generation cut-off limits the transmission of status after 2 generations of non-Indian parentage. An alternative approach may align more with a nation-to-nation relationship.
• Indigenous Services Canada will report on progress towards the Senate Committee's recommendations in an annual report on registration, starting in 2024 for the 2023 calendar year.
• Indigenous Services Canada's application process for registration under the Indian Act is continuously improving year over year, and this progress is expected to continue as applications impacted by legislative amendments under the Indian Act are processed and further policy and process improvements are implemented.
• While the current processing time for a complete application for registration under the Indian Act is listed on the Indigenous Services Canada's website as between six months to two years, this estimate includes applications impacted by recent legislative amendments and complex applications, which generally require more time to process than other applications.
• For applications impacted by recent legislative amendments to the Indian Act, 80% of complete applications are being processed within six months or less. Complete applications processed by Regional Offices and community based Indian Registration Administrators where one or both parents are already registered are often processed within a national average of approximately six weeks.
• As of December 31, 2022, the registered First Nation population was 1,063,149 and the department had received 56,000 applications which have resulted in over 38,000 individuals being newly registered.
• In calendar year 2022, Indigenous Services Canada received an average of 2,700 applications per month, processed an average of 3,000 applications per month and registered an average of 2,500 individuals per month. This progress demonstrates an inventory reduction, given that the number of applications being processed is higher than the number of applications received.
• Where possible, Indigenous Services Canada takes steps to proactively assess the impacts of legislative changes on those already registered. These efforts have resulted in proactive amendments to the registration category codes of over 170,000 registered persons without having to re-apply.
• Indigenous Services Canada has been modernizing and streamlining the application process in recent years, as highlighted in the Final Report to Parliament on the Review of S-3.
• Currently, digital solutions are being developed and launched in a staged approach with the ultimate goal of offering a complete online application process for registration. This is further supported by in-person partnerships.
• These efforts, combined with ongoing policy and process improvements, will contribute to improve processing times while at the same time reducing the current backlog and preventing a future backlog.

Issue Summary

• Budget 2023 announced $76.3 million in 2023-24 to continue to support the administrative capacity of First Nations governments and tribal councils delivering critical programs and services to their members.

Key Messages

• The Government of Canada is committed to working with First Nations to support community development, as well as to support accountable, strong, and sustainable Indigenous governments. Strong Indigenous communities and governments are vital to the effective delivery of all federal government investments, and are foundational to the legislated transfer of responsibilities.
• ISC contributes to the costs of Indigenous governments and institutions as well as community development through the Indigenous Governance and Capacity programs (Band Support Funding, Professional and Institutional Development, Employee Benefits, and Tribal Council Funding) and through the Community Development Wrap-Around Initiative.
• Budget 2023 announced $76.3 million in 2023-24 to continue to support the administrative capacity of First Nations governments and tribal councils delivering critical programs and services to their members. This funding will maintain critical base-level funding for core governance and administrative capacity of First Nations, in areas such as leadership, planning and financial management.
• ISC, in partnership with the Assembly of First Nations and other Indigenous organizations, is undertaking a comprehensive and collaborative review of current federal government programs and funding that support First Nation governance, to ensure that these programs provide communities with sufficient resources to hire and retain the appropriate financial and administrative staff to support good governance, plan for the future and advance their visions of self-determination.

Background

• First Nations are increasingly assuming responsibility for designing and delivering programs and services to their populations. The Indigenous Governance and Capacity programs contribute to the ongoing costs of First Nation governments and institutions, while also providing tools and support to help First Nations build on their capacity to govern. As a result, First Nations are able to assume greater administrative responsibility for not only the vast majority of ISC programs but also a wide range of other federal and provincial programs in addition to many municipal-type services.
• In Budget 2018, the Government committed to undertaking a comprehensive and collaborative review of programs and funding that support First Nations governance and to determine the gap to sufficiency. That review is currently underway. Modernization of the Indigenous Governance and Capacity programs is currently being co-developed with First Nation partners, including the Assembly of First Nations. By addressing the core governance funding gap, First Nations will have the ability to take on the transfer of responsibilities from the federal government, and to exercise greater self-determination.
• In Budget 2021, the Government committed $151M to provide wrap-around supports for First Nations with the greatest community development needs. The Community Development Wrap Around Initiative responds to the need for a holistic approach to community development that puts First Nation communities at the center and uses a wrap-around model to bring partners around the table to leverage and align existing programs to support the implementation of First Nation identified priorities, facilitate access to capacity development opportunities, and provide flexible funding to address resource gaps.

Current Status

• ISC is continuing to work with Indigenous partners to conduct a comprehensive and collaborative review of Canada's funding and programs that support First Nation governance, to provide communities with sufficient resources to support good governance, plan for the future and advance their vision of self-determination. The $76.3 million, announced in Budget 2023, is an interim solution to maintain existing levels of governance capacity in First Nations while this joint work continues.
• The Community Development Wrap-Around Initiative is currently supporting 22 First Nation communities across Canada in implementing their community development priorities.

Key Messages

Background

Current Status

Key Messages

• Our government is committed to continue working with Indigenous partners so that Indigenous students can receive a high quality, culturally relevant education.
• ISC's Elementary and Secondary Education Program supports full-day Kindergarten (ages four and five) to Grade 12 education for eligible First Nations students who are resident on-reserve, by providing funding directly to First Nations recipients and education organizations designated by First Nations. ISC also supports the development and establishment of regional education agreements that are tailored to the regional goals and priorities of First Nations.
• In addition to core elementary and secondary education funding, ISC provides funding through the following targeted education programs that support elementary and secondary education: the Education Partnerships Program, the High-Cost Special Education Program, the Research and Learning Program, the Innovation in Education Program and the First Nations and Inuit Cultural Education Centres Program.
• ISC provides funding and supports through distinctions-based Post-secondary Education Strategies for First Nations, Inuit and the Métis Nation and continues working collaboratively with Indigenous partners to ensure that First Nations, Inuit and Métis Nation learners have access to the same high-quality post-secondary education services and opportunities as non-Indigenous Canadians.

Background

Current Status

More Information

• The Elementary and Secondary Education Program:
  • Terms and conditions for grants and contributions to support First Nations elementary and secondary educational advancemen.
  • Elementary and Secondary Education National Program Guidelines
• The Education Partnerships Program: National program guidelines.
• The High-Cost Special Education Program: National program guidelines.
• The Research and Learning Program: National program guidelines.
• The Innovation in Education Program: National program guidelines.
• The First Nations and Inuit Cultural Education Centres Program: National program guideline.
• First Nations Post-Secondary Education Strategy:
  • Grants and contributions to support the First Nations Post-Secondary Education Strategy Terms and Conditions
  • Post-secondary Student Support Program and University and College Entrance Preparation Program: National Guideline
• First Nations and Inuit Youth Employment Strategy
  • Grants and Contributions to Increase Indigenous Youth Participation in Education and Labour Market Opportunities Terms and Conditions
  • First Nations and Inuit Youth Employment Strategy: Skills Link Program: National Program Guideline
• Inuit Post-Secondary Education Strategy
  • Grants and Contributions to Support the Inuit Post-Secondary Education Strategy Terms and Conditions.
  • Inuit Post-Secondary Education Strategy: National Guidelines
• Métis Nation Post-Secondary Education
  • Terms and conditions for Contributions to Support the Métis Nation Post-Secondary Education Strategy Terms and Conditions
  • Métis Nation Post-Secondary Education Strategy: National Guidelines 2023 to 2024
• Departmental Plan 2022-23.

• Departmental Results Report 2021-22.

Key Messages

• ISC continues to support the implementation of the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People, which is the Government of Canada's contribution to the 2021 Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan: Ending Violence Against Indigenous Women, Girls, and 2SLGBTQQIA+ People.
• Within the Federal Pathway, ISC has 21 Initiatives upon which it is reporting implementation through the second Federal Pathway Annual Progress Report, which will be released on June 3, 2023.
• ISC's initiatives include efforts to address community infrastructure, education, increasing access to employment and skills development, provision of operational funding for shelters and transitional housing, violence prevention activities, distinctions-based mental wellness strategies, child and family services reform, Indigenous women's entrepreneurship, addressing sex-based inequities in the Indian Act through the Implementation of former Bill S-3, and others.

Background

• In response to the Truth and Reconciliation Commission's 94 Calls to Action and decades of grassroots advocacy from survivors and family members of missing and murdered Indigenous women and girls, the Government of Canada launched the National Inquiry into Missing and Murdered Indigenous Women and Girls in 2016.
• On June 3, 2019, the Reclaiming our Power: Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls was released. The final report included 231 Calls for Justice addressed to federal, provincial, territorial and Indigenous governments; industries, institutions and services related to media, health-care, education, policing and child welfare; and all Canadians.
• On June 3, 2021, Indigenous partners, provinces, territories and the federal government released the 2021 Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan. The National Action Plan was developed in collaboration with Indigenous partners, as well as provinces and territories. It is intended to form the umbrella under which federal, provincial, and territorial governments, and Indigenous partners and organizations will contribute to their respective components.
• Also on June 3, 2021, the Government of Canada released the Federal Pathway to Address Violence Against Indigenous Women, Girls, and 2SLGBTQQIA+ People. The Federal Pathway outlines the Government of Canada's approach to ending violence against Indigenous women, girls, and 2SLGBTQQIA+ People and is its contribution to the National Action Plan.
• Annual progress reports for both the National Action Plan and the Federal Pathway were released on June 3, 2022. The National Action Plan Progress Report identified actions undertaken by federal, provincial/territorial, municipal and Indigenous governments since the release of the National Action Plan. The report also provided insight on next steps needed to address the ongoing tragedy of missing and murdered Indigenous women, girls, and 2SLGBTQQIA+ People.
• The Federal Pathway Annual Progress Report is an account of work completed between April 1, 2021 and March 31, 2022 to support transparency, communication, and accountability. Initiatives within the Annual Progress Report included scope, timeline and which department or agency is responsible for the implementation of each initiative.

Current Status

• The second Federal Pathway Annual Progress Report will be released on June 3, 2023. It will include an update on milestones for 2022-2023 as well as an indication of planned milestones for 2023-2024, reporting on planned 2022-2023 engagement, and to which Calls for Justice the initiative is linked.

Key Messages

• As part of Canada's response to Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, two shelter initiatives were funded between 2020 and 2021.
• This includes the Shelter Initiative for Indigenous Women and Children, providing over $44.8 million in funding over five years, starting in 2020-2021, through the Canada Mortgage and Housing Corporation for the construction of 12 shelters within Indigenous communities on reserve and in the Territories. ISC provides $40.8 million in operational funding for the new shelters through the Family Violence Prevention Program over five years and $10.2 million on-going.
• The response also includes the Indigenous Shelter and Transitional Housing Initiative, which supports 38 new shelters and 50 transition homes across Canada. The total funding available for the Indigenous Shelter and Transitional Housing Initiative is $724.1 million over 5 years with $96.6 million ongoing.
• Of the $724.1 million, $420 million was allocated to Canada Mortgage and Housing Corporation to support construction. A total $304.1 million over five years was allocated to ISC to support operational costs of new shelters and transition homes as well as to expand funding for culturally relevant violence prevention funding activities.
• While supply shortages and rising costs have caused delays, ISC is continuing to collaborate with Canada Mortgage and Housing Corporation and partners to confirm funding gaps and prioritize funding flow to minimize lapses in a timely manner.
• On May 8, 2023, Minister Ahmed Hussen, Housing and Diversity and Inclusion, Minister Miller, Crown-Indigenous Relations and Northern Affairs, and Minister Hajdu announced the investment of $103 million for the construction and on-going operational support for the 22 selected projects.
• The funding breakdown includes:
  • $81 million from CMHC for the construction of 178 new shelter/transitional units;
  • $15 million from ISC for ongoing operational support of the 178 new shelter and transitional units; and
  • $7.8 million from ISC that will be available to support start-up costs for operations.

Background

• Both the Shelter Initiative for Indigenous Women & Children and the Indigenous Shelter & Transitional Housing Initiative are led by the Canada Mortgage and Housing Corporation, which provides the capital, in collaboration with ISC, which supports ongoing operations.
• Rising inflation, shortages in skilled trades, equipment, and labour have caused construction delays and increased capital costs that Canada Mortgage and Housing Corporation has not been able to subsidize. As a result, the Family Violence Prevention Program had a $51 million surplus in 2022-23.
• To expedite construction, ISC continues to work with the Canada Mortgage and Housing Corporation to support project development costs and capital subsidies.

Current Status

• Between fiscal years 2021-2022 and 2022-23, $53.4 million was allocated for ISC to fund the operations of new shelters and transition homes and to support violence prevention activities. As of March 31, 2023, Indigenous Services Canada spent 78% of its allocation, a total of $41.8 million.
• Funds have been spent on culturally relevant violence prevention activities ($33.2 million), initial start-up costs for selected shelter and transition home projects ($3.9 million), and project development costs ($4.7 million).
• A total of $11.6 million remains to be reprofiled for use in 2023-2024 if approved through the Supplementary Estimates.
• Solutions identified in late 2022-2023 will facilitate the approach in 2023-2024. A plan is in place to allocate reprofiled funds, minimize the risk of future funding lapse, increase timely information flow to identify funding gaps, raise awareness of ISC's supports to develop proposals, and work with central agencies to establish an approach for authority adjustments.
• The Family Violence Prevention Program will continue to collaborate with Canada Mortgage and Housing Corporation and partners to confirm funding gaps and prioritize funding flow to minimize lapses in a timely manner.

Key Messages

• In an effort to better address the Long-Term and Continuing Care needs in First Nations and Inuit communities, Budget 2019 provided $8.5 million over two years, starting in 2020-2021, for ISC to work with First Nations and Inuit communities on developing a new and more holistic long-term and continuing care framework.
• As part of the 2022 Fall Economic Statement, an additional $10.1 million was announced to continue the efforts of co-developing distinctions-based policy options for a new framework, which includes extending the process to Métis.
• This new, distinctions-based, long-term and continuing care framework would cover the full spectrum of services from supports for people living with disabilities, to aging in place approaches, to improvements to facility-based care, and could include services for those previously served under Jordan's Principle.

Background

• ISC is working with Indigenous partners, AFN and ITK to, "co-develop a distinctions-based Indigenous Long-term and Continuing Care Framework to ensure Indigenous Peoples can receive these services in or near their own communities." ISC is working with these partners and others in the regions to develop policy options for the First Nations and Inuit components of the Framework in Fall 2023/Winter 2024 and then for Métis in Spring 2025.
• Engagement and co-development of a new long-term and continuing care framework is a joint initiative between ISC's Assisted Living and First Nations and Inuit Home and Community Care programs.
• In 2022, approximately 35 regional First Nations reports on recommendations towards the creation of a framework were amalgamated into a First Nations national summary report, that was shared with partners for validation in February 2023.
• This is the first occasion in which Métis partners will participate in Long-Term and Continuing Care engagement activities and $2.8 million of the $10.1 million has been set aside for this purpose over two years, starting in 2023-2024, with $7.2 million over three years for capacity strengthening projects open to all distinctions.
• The remaining funds can be accessed by existing First Nations, Inuit, and Métis Long-Term and Continuing Care engagement partners to support the development of short-term capacity building projects.

Current Status

• Co-development discussions are continuing with First Nations and Inuit partners in order to develop policy options for a more holistic long-term and continuing care framework.
• Engagement activities with Métis partners are expected to take place from June 2023 to September 2024, with co-development of policy options starting thereafter.

Issue Summary

Jordan's Principle is a legal obligation of the Government of Canada to ensure all First Nations children living in Canada can access the products, services and supports they need, when they need them. Funding is demand-driven, and can help with a wide range of health, social and educational needs unmet through other programming at the federal, provincial/territorial, and/or local levels.

Jordan's Principle is named in memory of Jordan River Anderson. He was a young boy from Norway House Cree Nation in Manitoba.

Key Messages

• The Government of Canada is committed to the full implementation of Jordan's Principle, and to working with First Nations communities and partners to ensure that First Nations children can access the products, services and supports they need, when they need them.
• Jordan's Principle supports families in accessing products and services for First Nations children and youth to help with a wide range of health, social and educational needs.
• Between July 2016 and February 28, 2023, more than 2.56 million products, services and supports were approved under Jordan's Principle. These include speech therapy, educational supports, medical equipment, mental health services and more.
• While we continue to provide support to First Nations children through Jordan's Principle, we will also work with First Nations partners, provinces and territories to develop longer-term approaches to help better address the unique health, social, and education needs of First Nations children.

Background

In 2005, at the age of five, Jordan River Anderson, a First Nations child from Norway House Cree Nation in Manitoba, died in the hospital while the provincial and federal governments could not agree on who was financially responsible for his home care in a medical foster home.

That year, the First Nations Child and Family Caring Society (Caring Society) released the Wen:De reports, among the policy recommendations was the concept of Jordan's Principle, a child-first principle to ensure that services for First Nations children are not delayed due to jurisdictional disputes.

In February 2007, the Assembly of First Nations (AFN) and the First Nations Child and Family Caring Society (Caring Society) filed a complaint with the Canadian Human Rights Commission (CHRC) that alleged that pursuant to section 5 of the Canadian Human Rights Act (the Act), Indian and Northern Affairs Canada (INAC) discriminates in the provision of child and family services to First Nations on reserve and in the Yukon, on the basis of race and/or national or ethnic origin, by providing inequitable and insufficient funding for those services. The implementation of Jordan's Principle was identified as a solution to jurisdictional disputes as part of this complaint.

On December 12, 2007, a Private Member's Motion No. 296 in support of Jordan's Principle was passed with unanimous support in the House of Commons in honor of Jordan River Anderson, "The government should immediately adopt a child first principle, based on Jordan's Principle, to resolve jurisdictional disputes involving the care of First Nations children."

In August 2007, the Government of Canada announced $11M in new funding to Health Canada for the implementation of Jordan's Principle. This implementation focused on jurisdictional disputes involving First Nations children living on-reserve with multiple disabilities requiring services from multiple service providers.

Under the federal response, no Jordan's Principle cases were identified (given the narrow scope) and the fund was eliminated. Requests for services that came forward were managed through federal/provincial contacts and services provided through existing programs.

The Truth and Reconciliation Commission released its Final Report in 2015. Call to Action #3 calls on "all levels of government to fully implement Jordan's Principle."

On January 26, 2016, the Canadian Human Rights Tribunal (CHRT) issued its first ruling with respect to the 2007 complaint by the Caring Society and AFN. The ruling substantiated the complaint and made a finding of discrimination against the Attorney General of Canada (for the Minister of Indian and Northern Affairs) that Canada was failing to provide an adequate level of child welfare services to First Nations families on reserve. The CHRT ordered Canada "to cease applying its narrow definition of Jordan's Principle and to take measures to immediately implement the full meaning and scope of Jordan's Principle."

Since that time, the CHRT has issued many other orders, clarifying eligibility, establishing definitions and timelines, and most recently, ordering Canada to fund on-reserve capital projects to support the delivery of Jordan's Principle services (2021 CHRT 41).

Current Status

On December 31, 2021, two Agreements-in-Principle were reached between Canada, the Assembly of First Nations, the First Nations Child and Family Caring Society, the Chiefs of Ontario, the Nishnawbe Aski Nation and counsels for the AFN-Moushoom and Trout class actions (collectively, "the Parties"). One Agreement in Principle is for compensation for those harmed by discriminatory underfunding of First Nations child and family services and for those who were denied, or delayed in receiving, services under Jordan's Principle, and the other pertains to the long-term reform of the First Nations Child and Family Services Program and Jordan's Principle.

These Agreements-in-Principle provide a basis for final settlement agreements to be negotiated over the coming months. The Agreements-in-Principle include:

• $23 billion in compensation for First Nations children on-reserve and in the Yukon, who were removed from their homes between April 1, 1991 and March 31, 2022, and for their parents and caregivers. This also includes compensation for those impacted by the government's narrow definition of Jordan's Principle between December 12, 2007 and November 2, 2017, as well as for children who did not receive or were delayed receiving an essential public service or product between April 1, 1991 and December 11, 2007 and their families. Our shared goal is to achieve a settlement that can be delivered to families as soon as possible.
• Approximately $20 billion, over five years, for long-term reform of the First Nations Child and Family Services program and Jordan's Principle to ensure that the discrimination found by the CHRT never repeats itself. Canada will take urgent steps to implement the measures set out in the "Work Plan to Improve Outcomes under Jordan's Principle, based on Indigenous Services Canada's Compliance with the Tribunal's Orders." The Work Plan specifically includes commitments to:
  • Identify, respond to and report on urgent requests;
  • Develop and implement Indigenous Services Canada internal quality assurance measures, including training on various topics, a complaint mechanism, and an independent office to ensure compliance;
  • Ensure privacy is protected, that least intrusive approach is used, and for the parties to engage the Privacy Commissioner;
  • Ensure that professional recommendations are respected, and that clinical case conferencing only takes place where reasonably required to ascertain needs;
  • Ensure that reapplications and/or cessation or disruption in funding, and/or payment procedures do not negatively impact First Nations children;
  • Increase national consistency and standards, especially with respect to group requests, develop and implement tracking to achieve this, and provide for re-review;
  • Increase specificity and personalization in denial rationales with prompt communication to requestor;
  • Implement "Back to Basics" approach and culture change to determination of Jordan's Principle requests; and
  • Identify mechanisms for off-reserve capital where required to provide safe, accessible, confidential, and culturally- and age-appropriate spaces to support the delivery of Jordan's Principle and confirmed through needs assessments and feasibility studies, in the course of negotiating Final Settlement.
  • The Parties will discuss options for First Nations to take on a larger a role in approving and delivering services, products and supports under Jordan's Principle. Following a needs assessment and feedback from First Nations and service providers, the Parties will develop an implementation approach for long-term reform of Jordan's Principle

On April 3, 2023, the Assembly of First Nations (AFN) and the First Nations Child and Family Caring Society (Caring Society) announced a revised Final Settlement Agreement (FSA) on compensation valued at over $23 Billion for the approximately 300,000 First Nations children, youth and families who experienced discrimination due to Canada's approaches to First Nations Child and Family Services (FNCFS) and Jordan's Principle.

Budget 2022 provides $4 billion over six years, starting in 2021‑2022, to ensure First Nations children continue to receive the support they need through Jordan's Principle. This funding will also support long-term reforms to improve the implementation of Jordan's Principle, which include the above Agreement in Principle deliverables and development and implementation of a "Back to Basics" Approach to Jordan's Principle to be co-developed with partners.

Canada has been ordered (2022 CHRT 8) to fund and provide data in support of research to be conducted with the Institute of Fiscal and Democratic Studies to guide further development of the Long Term Approach to Jordan's Principle, and to engage with partners of the resources required in support of post-age of majority service navigation supports.

Discussions are ongoing. It is anticipated that multiple central agency touch points will be required to reach and implement Final Settlement Agreements.

Additional Information

Issue Summary

First Nations, Inuit and Métis Peoples continue to endure racism and discrimination when seeking health services. Addressing anti-Indigenous racism in Canada's health systems will require the Government of Canada to work in partnership with provinces and territories, Indigenous and health system partners and educational institutions.

Key Messages

• The mistreatment and death of Joyce Echaquan of Manawan First Nation, while at the Joliette hospital in Quebec, was reprehensible and incidents like that should never happen again in this country.
• The Government of Canada has committed to addressing and ending anti-Indigenous racism in Canada's health systems in a way that is informed by the lived experiences of Indigenous Peoples.
• Action at all levels of government, and within health systems, is required to make meaningful progress towards eliminating anti-Indigenous racism in Canada's health systems.

Background

On October 16, 2020, the Ministers of Indigenous Services, Crown-Indigenous Relations and Northern Affairs, and Health Canada convened an urgent meeting, bringing together Indigenous partners, representatives from provincial and territorial governments, and health practitioners and regulators to honour the life of Joyce Echaquan and to hear about the lived experiences of Indigenous patients and providers. The Rapporteur's Final Report was shared with meeting attendees.

On January 27 and 28, 2021, federal, provincial and territorial governments and Indigenous and health system partners met virtually to share both short and long-term concrete actions to eliminate anti-Indigenous racism in health systems. At this National Dialogue, the Minister of Indigenous Services launched the engagement process for the co-development of distinctions-based Indigenous health legislation to deliver high quality healthcare for First Nations, Inuit and Métis.

A third National Dialogue was held on June 28 and 29, 2021 to pursue collective actions related to four themes: increasing Indigenous representation in post-secondary health education, cultural safety and humility, traditional approaches to health, and safe patient navigation.

Key outcomes of this meeting included:

• The Government of Canada affirmed its commitment that the distinctions-based health legislation will be informed by the spirit and elements of Joyce's Principle;
• Canada affirmed its continued leadership role in addressing anti-Indigenous racism in health systems, including as a convenor to support organizations in their capacity to address systemic racism issues and advocacy/engagement;
• Partners raised the need for focused regional distinctions-based approaches to address racism in health system; and,
• Partners shared best practices and lessons learned in order for organizations and governments to collaborate in advancing their actions.

The fourth National Dialogue, convened January 24 to 26, 2023, initiated work towards collaborative data strategies and cultural safety measurement that will evaluate action against anti-Indigenous racism and racist outcomes in health systems. A final report is expected in spring 2023.

Joyce's Principle

In response to the death of Joyce Echaquan the Councils of the Atikamekw of Manawan and the Atikamekw Nation, developed Joyce's Principle which aims to guarantee all Indigenous Peoples equitable access to all health and social services free from discrimination. They submitted a brief to this effect to the Premiers of Canada and Quebec on November 16, 2020.

The two levels of government are called upon to take all necessary legislative measures and to establish an action plan to implement Joyce's Principle; to recognize systemic racism and the right to self-determination of Indigenous Peoples in matters of health; to facilitate the mobility of health human resources; and to fund awareness campaigns of Indigenous realities.

The recommendations to the federal government focus on reviewing equitable funding for safe health service delivery for Indigenous peoples, within and outside of community and between jurisdictions.

In March 2021, the Atikamekw announced they are turning to the United Nations to obtain justice on behalf of Joyce Echaquan. Joyce's Principle is inspired by the United Nations Declaration on the Rights of Indigenous Peoples (article 24, 2007) which states that Indigenous peoples have the right to access, without any discrimination, to all social and health services and that States shall take the necessary steps with a view to achieving the full realization of this right. Complaints will be brought before five special rapporteurs in advance of the United Nations Annual Forum for Indigenous Peoples. The intention is to encourage Ottawa and Quebec to implement Joyce's Principle and urge immediate action to end systemic discrimination against Indigenous Peoples.

Following his visit to Canada from March 1-10, 2023, the United Nations Special Rapporteur on the Rights of Indigenous Peoples, Mr. Jose Francisco Cali-Tzay, released an end of mission statement in which he acknowledged the death of Joyce Echaquan and calls for the adoption of Joyce's Principle. He noted that "Canada has made progress towards the promotion and protection of the rights of Indigenous Peoples since the visits of my predecessors", but also recognized that there is more work to be done. The Special Rapporteur's report on findings and recommendations is expected to be released in September 2023.

Current Status

Additional Information

Issue Summary

Indigenous Peoples are at a greater risk of facing complex mental health and substance use issues than non-Indigenous populations in Canada. Addressing this issue needs a holistic, Indigenous-specific, strength-based, distinctions-based, trauma-informed, culturally grounded, community-driven approach that supports Indigenous people, families, and communities. This approach must recognize the legacy of residential schools, day schools, the sixties' scoop, and other impacts of colonization as well as focus on the social determinants of health such as culture, language, self-determination, access to services and supports, poverty, housing and food security.

Key Messages

• Addressing inequities in mental wellness being experienced by Indigenous Peoples, families and communities is a key priority for the Government of Canada.
• Indigenous Services Canada works closely with Indigenous partners and communities to support Indigenous-led, distinctions-based, holistic, culturally-grounded, trauma-informed and community-based approaches to mental wellness.
• Budget 2022 provides $227.6 million over two years, beginning in 2022-2023, to maintain trauma-informed, Indigenous-led, culturally-appropriate services to improve mental wellness, and to support efforts initiated in Budget 2021 to co-develop distinctions-based mental health and wellness strategies.
• The Government of Canada recognizes the pivotal role that intergenerational trauma and the social determinants of health, particularly culture, play in mental wellness outcomes of Indigenous populations.

Background

Mental wellness is a key priority for Indigenous leaders, organizations and communities. This is a priority shared by the Government of Canada. Indigenous Peoples are at a greater risk of facing complex mental health and substance use issues than non-Indigenous populations in Canada.

Addressing this issue needs a holistic, Indigenous-specific, strength-based, distinctions-based, trauma-informed, culturally grounded, community-driven approach that supports Indigenous Peoples, families, and communities. It also needs to address the legacy of residential schools, day schools, the Sixties' Scoop, and other impacts of colonization as well as focus on the social determinants of health such as culture, language, self-determination, access to services and supports, poverty, housing and food security.

The Government of Canada is focused on investing in Indigenous-led approaches to mental wellness that are culturally-relevant, trauma-informed and community-based. Indigenous Services Canada works closely with Indigenous partners at the national, regional and community levels and is guided by Indigenous-led frameworks such as the First Nations Mental Wellness Continuum Framework, Honouring Our Strengths, and the National Inuit Suicide Prevention Strategy.

The Government of Canada has made significant recent investments to improve mental wellness in Indigenous communities, with an approximate annual investment of $650 million in 2020-2021. These investments are made to meet the immediate mental wellness needs of communities by supporting Indigenous-led suicide prevention, life promotion and crisis response, including through crisis line intervention services, and enhancing the delivery of culturally-appropriate substance use treatment and prevention services in Indigenous communities. This funding also supports the provision of essential mental health, cultural, and emotional support to former Indian Residential Schools and federal Day Schools students and their families as well as those affected by the issue of Missing and Murdered Indigenous Women and Girls.

Mental wellness supports are available through the Non-Insured Health Benefits (NIHB) and mental wellness funding through Jordan's Principle. The NIHB mental health counselling program provides coverage for professional mental health counselling to complement other mental wellness services that may be available to clients or in communities. The program provides eligible clients with coverage for benefits not available under other federal, provincial, territorial or private health insurance. Jordan's Principle makes sure all First Nations children living in Canada can access the products, services and supports they need, when they need them. Funding can help with a wide range of health, social and educational needs, including mental wellness supports. Requests for Inuit children can be made through the Inuit Child First Initiative.

Current Status

Indigenous populations have been disproportionately affected by the COVID-19 pandemic and the on-going opioid crisis. Inequities in mental wellness and opioid-related harms and deaths have worsened over the course of the pandemic. Many mental wellness services continued to be accessible during the pandemic with some experiencing, shifts in service delivery, or new innovative approaches to reach community members.

The Government of Canada announced an investment of $82.5M in August 2020 to help Indigenous communities adapt and expand mental wellness services, improving access and addressing growing demand, in the context of the pandemic.

Budget 2021 announced $597.6M over three years for a distinctions-based mental wellness approach for First Nations, Inuit, and Métis. This included renewed funding to continue essential services such as crisis lines and mental health, cultural, and emotional support to former Indian Residential Schools and federal Day Schools students and their families as well as those affected by the issue of Missing and Murdered Indigenous Women and Girls.

Budget 2022 provides $227.6 million over two years, beginning in 2022-2023, to maintain trauma-informed, Indigenous-led, culturally-appropriate services to improve mental wellness, and to support efforts initiated in Budget 2021 to co-develop distinctions-based mental health and wellness strategies.

The need for mental wellness supports further increased following confirmations of children's remains at former Indian Residential School sites across the country in 2021. In response, a new investment of $107.3M was announced in August 2021 for a one year expansion of trauma-informed mental health, emotional and cultural supports. Budget 2022 announced an investment of $227.6M over two years to maintain trauma-informed, culturally-appropriate, Indigenous-led services to improve mental wellness. Growing demand for these services is expected to continue.

Additional Information

Suicide prevention has been a longstanding priority for Indigenous communities in Canada. Suicide rates among Indigenous youth are among the highest in the world although there are substantial variations across communities. The Government of Canada recognizes that the root causes of Indigenous suicide are complex, with links to individual, family and community wellness; the legacy of colonization; and the Indigenous social determinants of health, such as self-determination, cultural continuity, housing, employment and income in communities.

To address the high rates of suicide that are happening in some Indigenous communities, the Government of Canada is supporting a variety of initiatives specific to life promotion and suicide prevention including launching the Hope for Wellness Helpline, supporting the implementation of the National Inuit Suicide Prevention Strategy, continuing to support the National Aboriginal Youth Suicide Prevention Strategy, and implementing the Youth Hope Fund.

The Hope for Wellness Help Line provides immediate, toll-free telephone and online-chat based support and crisis intervention to all Indigenous people in Canada. This service is available 24/7 in English and French, and upon request in Cree, Ojibway, and Inuktitut (1-855-242-3310 or by online chat at Hope for Wellness Helpline).

Issue Summary

Overview of the Non-Insured Health Benefits (NIHB) Program, including benefit areas, client profile, benefit areas, utilization and expenditures.

Key Messages

• The NIHB Program provides clients (registered First Nations and recognized Inuit) with coverage for a range of health benefits.
• Benefits under NIHB include prescription drugs and over-the-counter medications, dental and vision care, medical supplies and equipment, mental health counselling, and transportation to access health services not available locally.
• Together with the Assembly of First Nations, ISC-FNIHB is engaged in a multi-year Joint Review of the Non-Insured Health Benefits Program in order to identify and address gaps in benefits, and streamline service delivery to be more responsive to client needs. ISC continues to work collaboratively with First Nations and Inuit partners through the Joint Review and other engagement tables.

Background

The NIHB Program provides benefits to eligible First Nations and Inuit clients in a manner that:

• Is appropriate to their unique health needs;
• Contributes to the achievement of an overall health status for First Nations and Inuit that is comparable to that of the Canadian population as a whole;
• Is sustainable from a fiscal and benefit management perspective; and,
• Facilitates First Nations/Inuit control at a time and pace of their choosing.

Current Status

• During the 2021/22 Fiscal Year, NIHB provided access to benefits coverage for 915,895 eligible clients.
• Total NIHB program benefit expenditures in this period were $1,695.3 million; a 13.7% increase over program expenditures in 2020/21.

Additional Information

British Columbia First Nations Health Authority (FNHA)

Effective July 2, 2013, the FNHA became responsible for the design, management and delivery of all federally funded health programs and services for First Nations in British Columbia, including the Non-Insured Health Benefits (NIHB) Program.

Summary of the issue

Overview of Non-Insured Health Benefits (NIHB) Dental Benefits

Key Messages

• The NIHB Program provides clients (registered First Nations and recognized Inuit) with coverage for a range of dental benefits, including orthodontic services.
• The NIHB Program is considered one of the most comprehensive public dental benefit programs in Canada, when compared with public provincial and territorial dental programs.

Background

NIHB dental benefit covers a broad range of dental services, including diagnostic (i.e. exams and x-rays), preventive (i.e. cleanings), restorative (i.e. fillings), endodontic (i.e. root canal treatments), periodontal (i.e. deep scaling), removable prosthodontic (i.e. dentures), oral surgery (i.e. extractions), orthodontic (i.e. braces) and adjunctive services (i.e. sedation).

All registered First Nations and recognized Inuit residents of Canada are eligible for NIHB dental benefits regardless of age, location or income level; unless otherwise covered under a separate agreement with federal or provincial governments or through a separate self-government agreement.

• More than 900,000 registered First Nations and recognized Inuit are eligible under NIHB

NIHB dental expenditures in 2021-2022 amounted to approximately $302M with the majority of expenditure (91%) in fee-for-service (FFS) benefits.

In 2021-2022 there were 16,330 active registered dental providers with HICPS (Health information and claims processing services: an active provider refers to a provider who has submitted at least one claim in the 24 months prior to March 31, 2022).

Current Status

• In Canada, the cost of dental care is generally the responsibility of the individual. Many may benefit from coverage provided through private dental care plans (62%), which are often available through employment. Others (6%) may be eligible for coverage under one of the provincial/territorial dental plans, as most provinces/territories provide some sort of coverage either for children, seniors and/or low-income/social assistance recipients. For a large percentage of individuals (32%), out-of-pocket payments are the only way to afford dental care, as they have no dental insurance (CHMS 2007-2009).
• The NIHB Program is universal, meaning that it covers all eligible First Nations and Inuit clients regardless of age, income or other proxy measures of socio-economic need.
• NIHB clients do not pay deductibles or co-payments.
• NIHB has no annual maximum per client.
• NIHB provides coverage of travel costs to access dental services when not provided in community of residence.
• NIHB provides coverage for eligible services up to the maximum fees specified in the NIHB Regional Dental Benefit Grids.
• The NIHB Program encourages dental providers to enroll with the Program in order to bill the Program directly and not to balance-bill clients, so that clients do not face charges at the point of service.

Additional Information

Issue Summary

The Government of Canada has announced a Canadian Dental Care Program to be rolled-out over the next five years; on an income based model.

Key Messages

• The Canadian Dental Care Program is currently being developed by Health Canada.
• ISC's Non-Insured Health Benefit (NIHB) Program is providing expertise and experience in plan development to Health Canada and continues to monitor the situation to determine how this new program will interact with the NIHB dental benefit.
• All registered First Nations and recognized Inuit residents of Canada are eligible for NIHB dental benefits regardless of age, location or income level; unless otherwise covered under a separate agreement with federal or provincial/territorial governments or through a separate self-government agreement.
• The NIHB Program is considered one of the most comprehensive public dental benefit programs in Canada, when compared with public provincial and territorial dental programs.

Background

Budget 2023 proposes to provide $13.0 billion over five years, starting in 2023-24, and $4.4 billion ongoing to Health Canada to implement the Canadian Dental Care Plan. The plan will provide dental coverage for uninsured Canadians with annual family income of less than $90,000, with no co-pays for those with family incomes under $70,000. The plan would begin providing coverage by the end of 2023 and will be administered by Health Canada, with support from a third-party benefits administrator. Details on eligible coverage will be released later this year.

The Canadian Dental Care Program (CDCP) consists of three components, confirmed in Budget 2023:

• A Canadian Dental Care Plan (Plan) to provide dental coverage for uninsured Canadians with annual family income of less than $90,000, with no co-pays for those with family incomes under $70,000. HC will administer the plan with support from a (contracted) third-party benefits administrator.
• An Oral Health Access Fund will complement the Plan by investing in targeted measures to address oral health gaps among vulnerable populations and reduce barriers to accessing care, including in rural and remote communities.
• Enhancements to dental care data - Statistics Canada will collect data on oral health and access to dental care in Canada, to inform Plan rollout.

In the interim, the Government of Canada introduced the Canada Dental Benefit, which provides eligible parents or guardians with a direct tax-free payment of up to $650 per year for two years to help cover dental expenses for children under 12. This is a temporary benefit available to families without access to private dental insurance and with an adjusted family net income under $90,000. The first benefit period is for children under 12 years old as of December 1, 2022 who receive oral health care between October 1, 2022 and June 30, 2023.

Children under 12 who are covered by provincial, territorial or federal (e.g. Non-Insured Health Benefits) programs are eligible for the Canada Dental Benefit if they and their family meet all of the criteria to qualify for the benefit and as long as they have out-of-pocket expenses that have not been covered by their provincial, territorial or federal program.

Current Status

• The NIHB dental benefit provides coverage for a large range of medically necessary dental services from diagnostic, preventive and basic restorative services to more complex dental services including permanent crowns, dentures, orthodontic and general anesthesia/sedation services across the lifespan, including children, youth, adults, and elders.
• The NIHB Program is universal, meaning that it covers all eligible First Nations and Inuit clients regardless of age, income or other proxy measures of socio-economic need.
• NIHB clients do not pay deductibles or co-payments.
• NIHB has no annual maximum per client.
• NIHB provides coverage of travel costs to access dental services when not provided in community of residence.

Issue Summary

Significant and long-standing gaps persist between Indigenous and non-Indigenous Peoples in Canada in accessing high quality, culturally relevant health services. There is no federal health legislation relating directly to Indigenous Peoples that provides clarity and certainty on the roles and responsibilities of different levels of government in health care for Indigenous peoples; nor is there legislation that ensures stable, predictable funding and services, or principles of care, that align with Indigenous cultures, values, and beliefs.

Key Messages

• The Government of Canada acknowledges the challenges faced by Indigenous Peoples, including First Nations, Inuit, Métis, and intersectional groups, such as Indigenous youth and 2SLGBTQQIA+, in accessing culturally safe healthcare. Canada is committed to working in partnership with Indigenous Peoples to advance their health priorities.
• The Government of Canada recognizes the potential to build a legislative foundation to improve access to high-quality and culturally relevant health services for Indigenous Peoples.
• To this end, from the winter of 2021 to fall 2022, regional and national First Nations, Inuit, Métis, and Intersectional Partners led numerous engagements within their communities on the vision for distinctions-based Indigenous health legislation.
• A report, What we heard: Visions for Distinctions-based Indigenous Health Legislation, is now publicly available, and summarizes the input the Government of Canada has received to date from Indigenous Peoples about how to improve access to high-quality, culturally-relevant, and safe health services.
• The Indigenous partners who have provided input so far share some similar ideas about the potential health legislation. Overall, the input received during the engagement reflects hope and optimism that legislation will:
  • support Indigenous-led approaches;
  • take steps toward upholding Indigenous sovereignty; and,
  • improve health equity.
• The Government of Canada is now working with First Nations, Inuit, and Métis partners to co-develop options for potential federal legislation, and ensure that the distinct cultures, needs and aspirations of First Nations, Inuit and Métis are understood and reflected in any potential legislation.
• The Government of Canada is also working with the provinces and territories to make sure potential federal legislation is informed by provincial and territorial perspectives, is complementary to existing provincial and territorial health systems and Indigenous self-government or tripartite models, and does not infringe on provincial jurisdiction or the territorial role in health.
• Together with First Nations, Métis, Inuit and intersectional partners, ISC will move forward and find a path that leads to high-quality and culturally relevant health services, free of racism, designed and led by those they serve.

Background

• Health is a complex matter for which the provinces, territories, Indigenous governments, and the federal government have some shared jurisdiction.
• Provinces and territories are responsible for health care delivery in their respective jurisdictions and receive transfer payments from the federal government to provide universally accessible and publicly insured health services to all residents, including Indigenous Peoples. However, provincial and territorial governments generally do not provide health services in First Nations communities on reserve. To address this gap, the federal government, guided by the 1979 Indian Health Policy, has assumed a funding role and, in some cases, a direct delivery role for health services.
• Recent reports, including the Final Report of the Truth and Reconciliation Commission and the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG), have identified significant gaps in health services between Indigenous and non-Indigenous people.
• In addition, Indigenous Peoples and groups continue to raise, before the Government and the Courts, instances in which they have experienced racism through substandard care leading to death, misdiagnosis, or unnecessary and unwanted medical interventions.
• In 2019, the Prime Minister of Canada mandated the Minister of Indigenous Services to "co-develop distinctions-based Indigenous health legislation, backed with the investments needed to deliver high-quality health care for all Indigenous Peoples."
• The 2020 Fall Economic Statement announced $15.6 million over two years, starting in 2021-2022 to advance the co-development of distinctions-based Indigenous health legislation.
• In January 2021, a federal engagement process to co-develop distinctions-based Indigenous Health legislation was launched following the national dialogue on Addressing Anti-Indigenous Racism in the Healthcare system.
• In December 2021, the Government of Canada reiterated its committed to "fully implement Joyce's Principle and ensure it guides work to co-develop distinctions-based Indigenous health legislation to foster health systems that will respect and ensure the safety and well-being of Indigenous Peoples".
• From the winter of 2021 to fall 2022, regional and national First Nations, Inuit, Métis, and Intersectional Partners led numerous engagements within their communities on the vision for distinctions-based Indigenous health legislation.
• On January 13, 2023, Indigenous Services Canada released the national "What We Heard" report summarizing input received from First Nations, Inuit, Métis, and Intersectional partners on their vision for what could be included in distinctions-based plus Indigenous Health Legislation.
• The Indigenous partners who have provided input so far share some similar ideas about the potential health legislation. Overall, the input received during the engagement reflects hope and optimism that legislation will:
  • support Indigenous-led approaches;
  • take steps toward upholding Indigenous sovereignty; and,
  • improve health equity.

Current Status

• The work has moved from the engagement stage to the co-development stage, which is focused on working in partnership through various tables to translate what was heard through engagement into proposed legislative options.
• Co-development is distinctions-based, with provincial and territorial participation as appropriate.
• ISC has launched Inuit, Métis, and First Nations co-development processes, which are focused on working in partnership through various distinctions-based tables to translate what was heard through engagement into proposed legislative options and support Indigenous-led approaches to improve health equity. The development of an intersectional co-development table on health legislation that is inclusive of urban Indigenous, non-status, 2SLGBTQQIA+, and other intersectional voices is also underway. 
• Participation in the co-development process is an opportunity to help identify the federal legislative measures necessary for supporting Indigenous-led approaches to improve health equity.
• Co-development tables will wrap up discussions on potential legislative options by June 2023. Drafting of legislative key elements with input from partners will take place in Summer 2023. Drafting of the bill, including the sharing of consultation drafts with partners, will take place from Fall 2023 to Winter 2024. The tabling of the bill will follow in late Winter 2024

Key Messages

• Medical transportation is an essential part of accessing health care services in the territories, particularly due to the geography, small population, and remote and isolated communities.
• Indigenous Services Canada's (ISC) Non-Insured Health Benefits medical transportation benefit ensures First Nations and Inuit residents have access to medically required health services that are not available locally.
• Due to differing transfer and devolution landscapes in each of the territories, the manner in which medical transportation benefits are delivered varies. In the Northwest Territories and Nunavut, ISC jointly administers medical transportation benefits with the territorial governments; and in the Yukon, ISC solely administers it through an ISC staffed call centre located in Whitehorse.
• Medical transportation costs for Inuit and First Nations have been escalating due to variety of factors such as increases in demand for health care and inflationary cost pressures. As such, discussions are ongoing with the governments of Nunavut and the Northwest Territories to help address escalating medical transportation costs.

Background

• The territories face significant challenges in delivering health care to their residents, particularly due to their geography, remote and isolated communities, and small population. As a result, basic health care taken for granted elsewhere is not available or easily accessed close to home for most northern residents – i.e., support for births, mental health and addictions treatment, diagnostic imaging, surgeries, and dental care. Medical transportation is relied upon to access services not available in the community. Virtual care is available in limited ways, but there are technological barriers (e.g., lack of bandwidth, availability of satellites) that must be addressed to make further progress. Additionally, territorial residents have poorer health status compared to other provincial jurisdictions, despite considerably higher per capita health spending, which further strains their health care systems.
• ISC's Non-Insured Health Benefits program provides eligible First Nations and Inuit clients in Canada with coverage for a range of health benefits that are not covered through other social programs, private insurance plans, or provincial or territorial health insurance. These health benefits can include prescriptions and over-the counter drugs; dental and vision care; medical supplies and equipment; mental health counselling; and transportation, meals and accommodations to access health services that are not available locally.
• A Non-Insured Health Benefits program eligible client is a registered First Nation person under the Indian Act (commonly referred to as a "Status Indian"), an Inuk recognized by an Inuit land claim organization, or a child less than two years old, whose parent is an eligible client.

Current Status

• Canada partially funds medical transportation to access insured health services for Inuit and First Nations residents in the Northwest Territories and Nunavut. This has been a long-standing issue for the Government of Nunavut and more recently the Government of the Northwest Territories. Both territorial governments' position is that medical transportation for Indigenous people is a federal responsibility and should be fully covered by Canada. The federal position is that these costs are a shared federal/territorial responsibility, and as such, have historically been partially funded by Canada through a co-payment via (formerly Health Canada, now ISC's) Non-Insured Health Benefits program and supplemented through the Territorial Health Investment Fund administered by Health Canada.
• On March 9, 2023, Minister Hajdu received a joint letter from Nunavut and Northwest Territories Ministers of Health, John Main and Julie Green, respectively, seeking clarity about the renewal of their Non-Insured Health Benefits agreements (both expiring March 31, 2023), and meeting their funding requests in the context of on-going Federal/Provincial/Territorial bilateral conversations about the Canada Health Transfer, new bilateral funding agreements, and the renewal of the Territorial Health Investment Fund.
• On March 31, 2023, ISC's Non-Insured Health Benefits agreements with the Governments of Nunavut and Northwest Territories expired. Discussions with both governments are ongoing towards addressing their medical transportation funding concerns.  
• Budget 2023 included $350 million over five years, beginning in 2023-2024, to support medical transportation in Nunavut (in addition to ongoing co-payment funding provided through the Non-Insured Health Benefits program), however, an agreement to accept the funding and to renew the Non-Insured Health Benefits agreement has not yet been finalized.
  • Discussions on supplemental funding to address medical transportation costs for Inuit and First Nations are further along with the Government of Nunavut as they began in 2019; whereas discussions on this issue with the Government of Northwest Territories only began in 2023. Since 2020-2021, ISC has provided $182 million ($58 million in 2020-2021 and 2021-2022, and $66 million in 2022-2023) to the Government of Nunavut as an interim solution to address increasing health care costs, including medical transportation, while discussions progressed, albeit delayed due to the pandemic.
• In the interim, both territorial governments have committed to continue to provide medical transportation for Inuit and First Nations residents to ensure continued access to health care services, but have indicated that the will invoice the full cost to the Government of Canada.

Issue Summary

Indigenous Peoples in Canada experience a disproportionate burden of tuberculosis compared to non-Indigenous Canadian-born populations. Although tuberculosis is a preventable and treatable disease, factors related to the social determinants of health, including infrastructure and housing, food insecurity, relocation for treatment, residential schools, racism, and colonization contribute to increased rates of tuberculosis in Indigenous communities. Rates of tuberculosis are highest among Inuit in Canada. As such, the Government of Canada has committed to working with partners, such as Inuit Tapiriit Kanatami, to eliminate tuberculosis across Inuit Nunangat by 2030 and reduce active tuberculosis by at least 50 percent (compared to 2016 rates) by 2025.

Key Messages

• Addressing the disproportionate rates of tuberculosis in Indigenous Peoples in a distinctions-based and culturally-safe way remains a key priority for the Government of Canada.
• The Government of Canada has committed to working with partners to reduce active tuberculosis in Inuit Nunangat by at least 50 percent by 2025 (compared to 2016 rates) and to eliminate tuberculosis across Inuit Nunangat by 2030.
• ISC continues to work with key Indigenous partners to support distinctions-based approaches to address disproportionate rates of tuberculosis in Indigenous populations compared to non-Indigenous Canadian-born populations, aligning with the Government of Canada's commitment to work with partners to eliminate tuberculosis.

Tuberculosis in Nunavut:

• The ISC Public Health Surge Team is collaborating with PHAC, the Government of Nunavut, NTI and community, to plan for a community wide TB screening initiative in Pangnirtung in the fall 2023.
• The ISC Public Health Surge Team will be sending members of the surge team and recruiting additional temporary nurses to be mobilized to Nunavut.
• This will assist Inuit partners with TB screening, treatment of active and latent TB cases, increasing treatment adherence and completion, and increasing knowledge to support the Inuit-led efforts of TB elimination in Inuit Nunangat.

Background

First Nations and Inuit communities face disproportionately high rates of tuberculosis compared to non-Indigenous Canadian-born populations. In 2021, the reported rate of active tuberculosis amongst Inuit in Canada was 135.1 per 100,000 population and 16.1 per 100,000 among First Nations as compared to the rate of 0.2 per 100,000 in the non-Indigenous Canadian-born population. The rates for Inuit have remained virtually the same over the last decade while the rates for the non-Indigenous Canadian-born population have decreased; this has widened the gap and translates into a burden of active tuberculosis among Inuit of 676 times that of the non-Indigenous Canadian-born population. It is likely that the tuberculosis burden in Inuit and First Nations has increased due to the COVID-19 pandemic, where health human resources were diverted from tuberculosis and other public health services.

Additionally, high rates of tuberculosis are a manifestation of underlying disparities in access to care and other social determinants of health among Indigenous communities, including inadequate health and social infrastructure, sub-standard and overcrowded housing, and food insecurity; these disparities are driven by the historic and continuing impacts of colonialism.

Since 2017, ISC has maintained a stockpile of rifapentine to support rapid access to this short ambulatory treatment for latent tuberculosis infection. ISC also supports the deployment and allocation of screening and treatment technologies such as GeneXpert and digital X-rays, which are integral in bringing tuberculosis diagnosis closer to home.

In March 2022, the Canadian Tuberculosis Standards 8th edition was published and for the first time includes a chapter on the provision of culturally competent tuberculosis care to Indigenous Peoples. On November 21, 2022, the Government of Nunavut and Nunavut Tunngavik Incorporated signed a tuberculosis information sharing agreement that will advance both organizations' commitment to the elimination of tuberculosis in Nunavut.

In 2018, the Government of Canada and Inuit Tapiriit Kanatami made a joint commitment to eliminate tuberculosis from Inuit Nunangat by 2030. Budget 2018 announced $27.5 million over five years to support Inuit-specific approaches to tuberculosis elimination in Inuit Nunangat. This was in addition to $640 million over 10 years announced in Budgets 2017 and 2018 to address Inuit Nunangat housing needs. Canada also committed to implementing the 2030 Agenda and its Sustainable Development Goals at home and abroad, which includes ending the tuberculosis epidemic.

Current Status

First Nations in northern Saskatchewan, Manitoba, Ontario, and Quebec have been addressing tuberculosis outbreaks since 2021-2022. There are also outbreaks in Inuit communities in Nunavik and Nunavut.

It is likely that the rates of tuberculosis in both Inuit and First Nations have increased, because of the COVID-19 pandemic. The pandemic required lockdowns and a diversion of health human resources from tuberculosis and other public health services. Although the acute phase of the pandemic has ended, shortages in health human resources continue to impact health programs across the country, including tuberculosis programs.

The Public Health Surge Team has been mobilized at the request of Manitoba, Ontario, and Nunavik to provide additional health human resources support during tuberculosis outbreaks. Other requests for health human resources support are currently being assessed.

Shorter treatment regimens for tuberculosis infection, tuberculosis disease, and drug-resistant tuberculosis are available globally, although drug manufacturers have not applied for regulatory approval in Canada. Some of these drugs are available through pathways including the Special Access Program and Urgent Public Health Need List from Health Canada. Frontline health care providers have identified delays in accessing drugs through these pathways. ISC is working with Health Canada and the Public Health Agency of Canada to explore alternative means to access these medications. Globally, we are seeing more shortages in many drugs, including tuberculosis drugs. Rifampin for tuberculosis disease was in shortage in late 2022 – early 2023, and Sanofi (key manufacturer and distributor of rifapentine) has advised that they expect a rifapentine shortage in 2024.

Nunavut Tunngavik Incorporated, the Government of Nunavut and a community in Nunavut are planning to conduct a community wide tuberculosis screening, in fall 2023. On January 31, 2023, the Public Health Agency of Canada received a Request for Assistance from the Government of Nunavut regarding support for the community wide tuberculosis screening program. ISC is in contact with the Public Health Agency of Canada who are leading the initial scoping discussion with the Government of Nunavut to discuss the details and timelines of the federal support being requested.

Budget 2023 announced an additional $16.2 million over three years to support the elimination of tuberculosis in Inuit Nunangat. This funding extends the investment put forward in Budget 2018 and will support the ongoing implementation of Regional Action Plans in Inuit Nunangat. There is no comparable investment to address tuberculosis among First Nations.

Continuous investments in programs that address specific social determinants of health are essential to further reduce the incidence and burden of diseases that are influenced by social and economic factors, such as tuberculosis. Investment and collaboration across all levels of government are needed to address the widening gap in tuberculosis outcomes between Indigenous Peoples and non-Indigenous Canadian-born populations.

Key Messages

• On February 7, 2023, the Prime Minister announced plans to increase health funding to provinces and territories by $196.1 billion over ten years, including $46.2 billion in funding for new initiatives.
• The Prime Minister also announced a complementary investment of $2 billion over ten years through the new Indigenous Health Equity Fund to ensure access to quality and culturally safe health care services, in line with the shared health priorities and the self-determined priorities of Indigenous Peoples.
• This long-term, sustainable and predictable funding will be distributed on a distinctions basis to ensure support to First Nations, Inuit and Métis communities and service delivery organizations.
• Over the coming weeks and months, ISC will be communicating with national and regional Indigenous partners on the design and implementation of the Fund.

Background

• The new Indigenous Health Equity Fund is part of the Government of Canada's plan to increase health investments by $198.6 billion over ten years, including $46.2 billion in funding for new initiatives. This includes the following:
  • An immediate, unconditional $2 billion Canada Health Transfer top-up to address immediate pressures on the health care system. In addition, the Government of Canada is providing a 5% guarantee for the next five years, which will be provided through annual top-up payments. This is projected to provide an additional $17.3 billion over 10 years in new support.
  • $25 billion over ten years to provinces and territories to advance shared health priorities through tailored bilateral agreements that will support the needs of people in four areas of shared priority:
    1. family health;
    2. health workers;
    3. mental health and substance use; and
    4. a modernized health system with standardized health data and digital tools.
  • $2 billion over ten years to address the unique challenges Indigenous Peoples face when it comes to fair and equitable access to quality and culturally safe health care services. Funding will be provided directly to First Nation, Inuit and Métis partners. The government will work with Indigenous partners to prioritize investments.
  • $505 million over five years to Canadian Institute for Health Information (CIHI), Canada Health Infoway and federal data partners to work with provinces and territories on developing new health data indicators, to support the creation of a Centre of Excellence on health worker data, to advance digital health tools and an interoperability roadmap, and to underpin efforts to use data to improve safety and quality of care.
  • $175 million over five years for the Territorial Health Investment Fund in recognition of medical travel and the cost of delivering health care in the territories.

Current Status

• Shared Health Priorities: Health Canada is working with provinces and territories to reach tailored bilateral health care funding agreements, and together with ISC, is supporting meaningful engagement between provinces and territories and Indigenous organizations to address gaps, support Indigenous health priorities and work towards eliminating health inequalities for all. On March 29, 2023, invitation letters were sent to National Indigenous Organizations informing them of plans underway to schedule a series of trilateral meetings in spring 2023 that will bring together provinces and territories and regional Indigenous leadership to discuss shared priorities.
  • The first regional trilateral meeting took place in Vancouver, British Columbia on April 13, 2023. The meeting included Minister Duclos, the BC Minister of Health, Adrian Dix, and Indigenous representation from the First Nations Health Authority, the First Nations Health Council and the Métis Nation British Columbia. Key priorities identified by regional Indigenous partners aligned positively with the four shared health priorities (mental wellness and substance use, access to primary care services, health human resources, and data). The key priority underpinning was a strong emphasis on culture and traditional healing. All partners underlined the need to leverage Indigenous culture as a means of prevention and addressing many health care issues.
  • Upcoming trilateral meetings include Newfoundland and Labrador on May 31. Trilateral meetings in the remaining provinces and territories will be scheduled through the Summer.
• Indigenous Health Equity Fund: Through the Budget, announced on March 28, 2023, the Government of Canada reaffirmed $2 billion in new, additional funding over ten years for a distinctions-based Indigenous Health Equity Fund. This fund is intended to address the unique challenges Indigenous Peoples face when accessing health care services, and support immediate and long-term Indigenous health priorities. The Government of Canada is committed to work with First Nations, Inuit, and Métis partners across the country on the design and implementation of the Fund, ensuring alignment with Indigenous-led regional and community health priorities. ISC will initiate bilateral engagement with national and regional Indigenous leadership this spring.
  • ISC is working with central agencies to finalize a policy proposal, informed by feedback received to date from Indigenous partners, that lays out at a high level the design and approach to implementing the Fund, with broad flexibilities for distinctions-based approaches to health.
  • ISC is preparing an engagement strategy to guide bilateral engagement on the Fund with national and regional Indigenous partners through the spring. The outcomes of this engagement will be used to validate and refine the policy proposal before seeking final approvals. Engagement with partners will continue throughout the implementation of the initiative.

Key Messages

• The COVID-19 pandemic has devastated health care systems and in-step, has exacerbated the pre-existing challenges faced by Indigenous Services Canada to recruit and retain the specialized health care professionals it needs to maintain essential service delivery.
• The current service delivery model is heavily dependent on Registered Nurses to maintain the 24/7 urgent, emergent and primary care services in remote, culturally diverse communities which places unique demands on this nursing workforce.
• In Budget 2021, an investment of $354M was committed over 5 years to address program integrity in remote health service delivery and explore innovations in team composition through expansion of the regulated nursing compliment and investing further in paramedicine.
• In 2021-2022 the Nursing Health Human Resource Framework was developed by the department to respond to the global nursing shortage and the additional related recruitment and retention challenges. The framework has aimed to address these retention and recruitment challenges through 5 commitments: talent acquisition and management, modernizing the practice environment, ensuring the wellbeing of our front-line workforce, becoming a labour market influencer and maintaining a nimble and agile surge response.
• As of February 2023, the average operational vacancy of the ISC front-line nursing workforce was determined to be 68% for the public servant registered nurse positions in remote and isolated worksites.
• To offset this vacancy, ISC has drawn heavily upon an additional 700 rostered contracted health professional resources to deliver on its mandate in these locations which in 2022-2023 cost approximately $55 million. With the use of these contracted resources and additional complementary auxiliary roles from the Budget 2021 investment, the operational vacancy was decreased to 33%.
• Two national committees, the Nursing Retention and Recruitment Strategy Steering Committee (NRRSSC) and the Safety and Security in Nursing Stations Committee (SSNS) focus on the nursing workforce and are attended by both FNIHB and staff representatives from the Bargaining Agent for nursing, the Professional Institute of the Public Service of Canada (PIPSC).
• The Government of Canada and the Professional Institute of the Public Service of Canada reached an agreement to triple the existing recruitment and retention allowances for Indigenous Services Canada (ISC) nurses working in remote and isolated communities. These increases have been in place since September 2022.
• 2016 Canadian Census reported Indigenous people make up 4.9% of the overall Canadian population. Indigenous people make up 3.0% of the Registered Nursing workforce in Canada. In 2016 there were 9,695 Indigenous nurses in Canada.
• In a 2020 workforce survey of ISC nurses, 21% identified themselves as Indigenous.

Background

• Indigenous Services Canada supports primary health care services in 79 remote and isolated First Nations communities, and two hospitals in Manitoba. Of these communities, Indigenous Services Canada directly delivers primary health care services in 50 remote and isolated communities involving four regions (Alberta (4), Manitoba (21), Ontario (24) and Quebec (1)).
• Prior to joining ISC in 2017, the department experienced fluctuating shortages ranging from 30-40% of the remote and isolated workforce. ISC employs approximately 850 nurses across Canada in a range roles from front-line service delivery operations to Senior Management. Approximately 85% of this workforce is made up of part-time employees, many of whom commute from their homes across Canada to remote communities on a rotational basis to provide 24/7 primary care services.
• ISC has contracts in place with nursing and paramedic agencies that allow access to private health human resources when required. As a result of the nursing shortage, fill rates of these vendors have decreased to 33% since the onset of the pandemic.
• In remote and isolated First Nations communities, nurses (including nurse practitioners) are often the community members' first point of contact with the health system and provide public health and primary care services. Nursing stations in these communities provide 24/7 access to clinical and client care and are generally staffed by teams of nurses. Services include routine health care (e.g. immunization, chronic illness management) and more complex emergency medical care (e.g. heart attacks, strokes, traumas). First Nations clients also have access to public health services (health protection, health promotion, disease prevention, surveillance), often delivered by nurse-led teams.

Current Status

• An agreement between the Government of Canada and the Professional Institute of the Public Service of Canada, to increase nurse recruitment and retention allowances took effect September 1, 2022. The agreement will remain in effect through to March 31, 2025, or when a new collective agreement is reached—whichever comes first. The agreement includes both full- and part-time ISC nurses delivering critical services in remote and isolated First Nations communities, and includes:
  • triple the initial recruitment allowance, from $2,250 to $6,750
  • triple the allowance provided after twelve months of employment, from $3,250 to $9,750
  • triple the annual retention allowance, from $5,500 to $16,500
• Guided by the departments Nursing Health Human Resources Framework, national primary and public health surge teams were developed and implemented in the 2022-2023 fiscal year to support nursing needs in the regions with a view to decreasing reliance on contract nurses. These teams incorporate an innovative hybrid model to attract nurses allowing 50% front-line clinical work and 50% policy work in a telework context.
• The department continues to implement an interdisciplinary model of care, having introduced paramedics through contracted workforce sources in 2020, and is continuing to work with professional associations and regulators to allow for the continuity of high quality, interdisciplinary care services in communities.
• ISC is also working with the Canadian Council of Registered Nurse Regulators to explore cross-jurisdictional licensure to ease barriers to the movement of nurses between jurisdictions. This step aims to facilitate the deployment of nurses from one jurisdiction to another requiring surge support.
• Business Continuity Plans are under review to better respond to situations that could be caused by or result in a shortage of health care professionals. These plans are being revised to provide better guidance in the event of a nursing station closure.
• ISC has implemented a number of strategies, to respond to key challenges expressed by nurses in the 2020 ISC Nursing Workforce Survey in an effort to retain the existing workforce including;
  • Introduced a case management team (Nursing Services Response Centre – NSRC) for nurses who encounter challenges in I/T, Compensation or other work-related issues while in remote communities. This service offers VIP service to ISC nurses and is available in both official languages.
  • Implemented policies in order to enhance the safety of nurses who work in remote and isolated settings.
  • The next iteration of the Nursing Workforce Survey has been rolled out in early 2023, with new workforce data analysis anticipated for fall 2023.
• 2016 Canadian Census reported Indigenous people make up 4.9% of the overall Canadian population. Indigenous people make up 3.0% of the Registered Nursing workforce in Canada. In 2016 there were 9,695 Indigenous nurses in Canada.
• In a 2020 workforce survey of ISC nurses, 21% identified themselves as Indigenous.
• Canada is actively partnering with Indigenous organizations, educational institutions, and health organizations to reduce barriers to healthcare program admission, improve Indigenous faculty recruitment and retention, support targeted measures and resources to address anti-racism, encourage cultural safety and humility, and promote trauma informed practices.

Key Messages

• Our Government recognizes that substance use can have devastating effects on individuals, families and communities and their general health and well-being.
• We are currently investing approximately $650M annually for community-based services to address the mental wellness needs of First Nations and Inuit.
• Indigenous Services Canada currently funds a network of 45 treatment centres, as well as drug and alcohol prevention services in the majority of First Nations communities across Canada.
• We remain focused on supporting long-term investments that improve the health and well-being of Indigenous peoples.

Opioids:

• We continue to hear from communities and families about the devastating impacts of the opioid crisis, and this is supported by the national data showing the impacts of opioid overdoses and overdose deaths.
• Through its Opioid Action Plan Indigenous Services Canada is supporting First Nations and Inuit to respond to the opioids crisis, through expanding access to harm reduction measures including naloxone, and funding wraparound services at 78 opioids agonist therapy (OAT) sites. As a result of Budget 2021 funding, additional OAT wraparound support sites are in development and 40 sites received enhancement funding.
• Indigenous Services Canada is supporting regional offices to purchase nasal naloxone for distribution.
• We will continue to work with First Nations and Inuit, provincial and territorial partners to explore ways to collectively address opioid-related issues.

Crystal Methamphetamine:

• Indigenous Services Canada is aware of the growing concerns around methamphetamines.
• Indigenous Services Canada is supporting communities and Indigenous organizations (including Thunderbird Partnership Foundation and the Saskatchewan Indian Institute of Technology) to develop initiatives and projects to support communities and families impacted by crystal methamphetamine.
• We will continue to work with First Nations and Inuit, provincial and territorial partners to monitor and explore ways to address the increase in crystal methamphetamine use.

Background

Opioids:

• Indigenous communities across Canada are disproportionately impacted by the opioid public health crisis and in particular, First Nations in British Columbia, Alberta and Ontario.
• The Assembly of First Nations has reported that some First Nations communities are experiencing an epidemic, with as many as 43% to 85% of the communities' population addicted to opiates (Assembly of First Nations Resolution no. 82/2016 and no. 68/2017).
• In spring 2017, Indigenous Services Canada started to track suspected opioid overdoses in 153 participating First Nations communities. The Department continues to work with partners from across the country to improve data collection and reporting, and to better understand how this crisis is affecting different populations.
• The Government of Canada has announced significant financial investments to help address the crisis. Budget 2018 is providing $200 million over five years (2018-2019 to 2022-2023) and $40 million per year ongoing to support new investments in substance use prevention and treatment services for First Nations and Inuit including funding to address the ongoing opioid crisis. The investment supports opioid agonist therapy sites offering wraparound services, on the land activities, enhanced services across a network of 45 federally funded treatment centres, and major renovations at over 20 of these centres.
• Indigenous Services Canada provides several services to address problematic substance use.
  1. Through the Non-Insured Health Benefits (NIHB) Program, coverage is provided to registered First Nations and recognized Inuit for:
     • Methadone, buprenorphine/naloxone (i.e. Suboxone and generics), buprenorphine extended release injections, buprenorphine implants, slow release oral morphine, and injectable opioid agonist treatment (iOAT) for the treatment of opioid use disorder. To promote client safety, clients receiving these treatments are enrolled in the Client Safety Program.
     • Naloxone, used to treat overdoses, both injection and nasal spray (Narcan);
     • Safer opioid supply when within safety parameters recommended by the NIHB Drugs and Therapeutics Advisory Committee.
     • Medical transportation benefits for clients to access supervised treatment for opioid use disorder (e.g. methadone, Suboxone). The client's ongoing need for travel is reviewed every six months
     • Up to 22 hours of professional mental health counseling every 12 months, with additional hours as required.
  2. In addition to coverage provided under the NIHB Program, in facilities where ISC provides primary care services in First Nations communities, naloxone injection is available for administration by health care professionals to reverse the effects of an overdose. There is also a limited supply of naloxone nasal spray (Narcan) in Nursing Stations that is available to community members at no charge. Injectable naloxone is listed in the Branch's Nursing Station Formulary as a "must stock" medication.

Crystal Methamphetamine:

• The James Smith Cree tragedy in Saskatchewan and various other media reports of increased use have led to concern from community members, regional executives and heath authorities about the rise in methamphetamine use within communities especially in British Columbia, Alberta, Saskatchewan and Manitoba.
• While the prevalence of methamphetamine use among the general population in Canada is low, since 2013 there has been a dramatic increase in the availability and harms associated with methamphetamine in Canada.
• Methamphetamine is a synthetic drug known for psychoactive effects. It is classified as a central nervous system stimulant and comes in a variety of forms such as powder, tablets, crystals and rock-like chunks. Regular use is associated with an increased risk of addiction, psychotic symptoms and cognitive impairment such as memory loss.
• Historically, rates of methamphetamine use in Canada have been low compared to those for other drugs, such as opioids or cannabis. While comprehensive, national data on the impact of methamphetamine use is lacking, there are signs that levels of use and related harms are increasing. Data from Health Canada's Health Info shows:
  • Just under half (47%) of accidental apparent opioid toxicity deaths so far in 2022 (January – June) also involved a stimulant, reflecting the polysubstance nature of this crisis.
  • Of the accidental apparent stimulant toxicity deaths so far in 2022 (January – June), 64% involved cocaine, while 51% involved methamphetamines.
  • Of the accidental apparent stimulant toxicity deaths so far in 2022 (January – June), 83% involved an opioid.
• After opioids, methamphetamine is often the second most commonly reported substance used in supervised consumption sites (SCS). For example, at the supervised consumption site in Lethbridge, Alberta in 2018, methamphetamine was the most commonly used substance (38.8%), followed by heroin (33.1%).
• Unlike opioids, there is currently no medication that counteracts the effects of methamphetamine and the only course of mitigation is, awareness, prevention and treatment.
• Best practices for methamphetamine addiction are behavioural therapies such as the Matrix Model and cognitive behavioral therapy.
• In 2019, the House of Common's Standing Committee on Health presented a report titled, The Impacts of Methamphetamine Abuse in Canada, which outlined 23 recommendations to address the grave harm caused by problematic methamphetamine use to individuals, communities and Canadian society.

Current Status

Opioids:

• We continue to hear from communities and families about the devastating impacts of the opioid crisis, and this is supported by the national data showing the impacts of opioid overdoses and overdose deaths.
• Indigenous Services Canada continues to support regional offices to purchase nasal naloxone for distribution. In the last three months of fiscal year 2022-2023 the national office supported 5 regions in the purchase of naloxone.
• We will continue to work with First Nations and Inuit, provincial and territorial partners to explore ways to collectively address opioid-related issues.

Crystal Methamphetamine:

• The complexity and unique challenges associated with methamphetamine use also means that some opioid-specific investments may not be effective in helping people who use methamphetamine. It is important to acknowledge that while methamphetamine -specific investments are required, a non-substance specific approach is preferred. Poly-substance use is common and methamphetamine is rarely taken alone.
• With a focus on prevention, ISC has supported the Saskatchewan Indian Institute of Technology's development, implementation and recent revision of the Prevention Awareness and Community Education (PACE) program to address crystal meth in Saskatchewan region and as of September 2022, started piloting PACE with the National Native Alcohol and Drug Abuse Program (NNADAP) workforce. The PACE program is designed to provide front-line community workers with knowledge about the crisis of methamphetamine use across Canada and how it is affecting our communities. This includes the ability to identify the production and trafficking of methamphetamine, educate workers on the cycle of crystal methamphetamine use, challenges of treatment and recovery, and how treating people who use this substance is different from other drugs. The PACE program is also designed to provide an overview on harm reduction approaches to Crystal meth use and the kinds of support needed by individuals to make a full recovery.
• In February 2020, the Thunderbird Partnership Foundation released its new Opioid and Crystal Meth Toolkit to provide information grounded in culture and Indigenous knowledge and ways of knowing in relation to addressing substance use issues and mental wellness.
• Investments made by Indigenous Services Canada over previous budget cycles have aligned with the recommendations in the House of Commons report on Methamphetamine found in Annex A, specifically the work surrounding harm reduction, education and awareness and the updating of the Canadian Drugs and Substances Strategy, however there continues to be gaps in the compendium of substance use treatment, specifically treatment length, detox and withdrawal management.
• We will continue to work interdepartmentally and with partners to implement the relevant recommendations from the HESA report in the areas of public awareness, prevention and access to treatment and withdrawal management.
• Indigenous Services Canada will continue to seek new funding to address the gaps in the continuum of treatment services and programming.

Key Messages

• Indigenous Services Canada (ISC) is committed to working in collaboration with our partners to respond to social emergencies including opioid-related emergencies.
• ISC provides annual funding to support culturally relevant and community-based mental wellness supports for First Nations and Inuit. ISC is providing approximately $650 million dollars to First Nations and Inuit communities and organizations for mental wellness programming including substance use and crisis mental wellness supports.
• ISC regional offices have established relationships with communities and continue to work with a community after a state of local emergency is declared.
• Mental Wellness Crisis Response Teams and Cultural and Emotional Supports from the Trauma Informed programs are the primary short term mental wellness Support communities are drawing on. Individuals also have access to western based counselling through their individual benefit with the Non-Insured Health Benefits program.

Background

• Since 2014 there have been 58 publicly declared States of Local Emergency (SOLE) declared in First Nations communities as a result of social emergencies. Of the 58 emergencies declared, 44 SOLEs have been called since 2021.
• The emergencies are primarily declared for substance use related issues, however they are also being declared as a result of suicides and criminal activity.
• Mental Wellness Teams (MWT) are community-based, client-centred, multi-disciplinary teams that provide a variety of culturally-safe mental wellness services and supports to First Nations and Inuit communities using a wide diversity of service models which may include crisis response, capacity-building, trauma-informed care, land-based care, prevention, early intervention and screening, after care, and care coordination with provincial and territorial services. The teams may provide supports through Indigenous culture and mainstream clinical approaches to mental wellness services, spanning the continuum of care from prevention to after-care.
• Each mental wellness team serves a community or cluster of communities and can include a variety of community-based and clinical professionals. The combination of services provided and composition of the team reflects community needs and priorities. The MWTs are delivered either by First Nations and Inuit communities, tribal councils or organizations with funding provided by contribution agreements with FNIHB.
• In 2016 there were 11 Mental Wellness Crisis Response Teams supporting 86 communities. In 2023 the number of crisis response teams has grown to 75 Hope teams supporting 385 communities
• The Hope for Wellness Help Line was launched in October 2016. The goal is to provide immediate telephone-based crisis intervention counselling to callers in distress. The toll-free service offers 24/7 culturally appropriate and trauma informed crisis intervention counselling in English and French, and upon request in Cree, Ojibway and Inuktitut. A chat service was added in April 2018 to expand client's options to gain access to counselling.

Current Status

• ISC regional offices continue to support communities who have declared a Local State of Emergency, and are working with partners and communities to establish new and expanded mental wellness teams.
• In addition to mental wellness supports, communities are able to work with FNIHB's Health Emergency Management program and Regional Operations Emergency Management and Response program to seek additional supports that are outside of the authorities of mental wellness and may touch other program areas within the department.

Key Messages

• Communities—whether they be urban or remote, on reserve or off-reserve—should be places where people and families feel safe and secure.
• The Government of Canada is working to support the specific community safety needs of Indigenous Peoples and communities, whether policing or holistic Indigenous-led community safety approaches. This includes the commitment to work with First Nations partners toward the co-development of legislation that recognizes First Nations police services as an essential service.
• Canada's First Nations and Inuit Policing Program (FNIPP), which is administered by Public Safety Canada, provides financial contributions to support the provision of policing services in First Nation and Inuit communities that are professional, dedicated and responsive to the communities they serve.
• Indigenous Services Canada (ISC), administers the Pathways to Safe Indigenous Communities Initiative, (Pathways Initiative), that contributes to the safety and well-being of Indigenous Peoples, families and communities.
• Budget 2021 committed $103.8 million over five years to the Initiative, and in November 2022, the Government of Canada committed an additional $20 million over four years. In 2022-2023, the Pathways Initiative provided $23.6 to support Indigenous designed projects that support safe, secure and resilient communities.
• If pressed on litigation: Public Safety Canada is the Department responsible for administrating the  First Nations and Inuit Policing Program (FNIPP). As such, Indigenous Services Canada is not in position to comment on any litigation concerning that program or policing in Indigenous communities.

Background

• The Pathways Initiative is a five year program that was announced in Budget 2021 as part of a package of Indigenous community safety and policing commitments. As a non-Public Safety program, Pathways is intended to support First Nations, Inuit and Metis led innovation and alternative community safety approaches that recognize the importance of traditional knowledge and practices beyond law enforcement. The Initiative is also part of the Federal Pathway to address the National Inquiry into Missing and Murdered Indigenous Women and Girls Calls-to-Justice.
• The Pathways Initiative aligns with the Government of Canada's priority to advance reconciliation with Indigenous Peoples and supports Call for Justice 5.4 of the National Inquiry into Missing and Murdered Indigenous Women and Girls, and Calls for Miskotahâ 23 and 62 by providing support for the self-determination of Indigenous communities to design community safety and wellbeing interventions that suit their needs.
• Pathways was launched with an open call for proposals on April 6, 2022. Interest in Pathways has been strong and increasing, with more than 200 applications received to date.
• The Pathways Initiative is designed to promote greater community control, innovation and holistic approaches that recognize the importance of traditional knowledge and practices, as well as a role for professionals, other than law enforcement, in contributing to greater community safety and well-being.
• First Nations communities and organizations on and off reserves, modern treaty agreement holders, self-government agreement holders, Inuit and Métis communities and organizations, and organizations that serve urban Indigenous individuals and Indigenous 2SLGBTQQIA+ people are all eligible for funding.
• The community safety and well-being projects funded by Pathways range from land-based healing initiatives, the development of a youth centre, community liaison officers to enhance the safety of communities, a pilot project to develop First Nations by-laws, the establishment of networks to address missing and murdered Indigenous women and girls, as well as capital investments to improve how communities are set up for safety and well-being.
• Since 2019, ISC has been working with Public Safety to support the co-develop a legislative framework to establish First Nations policing services as an essential service with the Assembly of First Nations.

Current Status

• In fiscal year 2022-2023, the Pathways Initiative provided $23.6 million in funding to 58 community safety and well-being projects. Commitments to multi-year projects have resulted in an overall commitment of $87.2 million in total over the 5 years. Recipients included First Nations, Inuit and Métis organizations and communities, and Indigenous Urban organizations.
• ISC is continuing to support Public Safety in their work with First Nations partners to co-develop a legislative framework for First Nations policing, as well as supporting engagement with Inuit and Métis on policing and safety priorities.

Key Messages

• Implementing the UN Declaration on the Rights of Indigenous Peoples is foundational to ISC's mandate, as its principles are built-into our enabling legislation. In its preamble, the Department of Indigenous Services Act commits to implementing the UN Declaration. It also sets out clear direction on the collaboration and transfer of responsibilities and services to Indigenous partners and institutions.
• Since December 2021, ISC has been working with Justice Canada and other departments to develop a United Nations Declaration Act Action Plan.
• A Draft Action Plan was released on March 20, 2023 containing 101 Action Plan measures, twenty-five of which are ISC commitments ranging from culturally appropriate health care and education to economic reconciliation and service transfer. Since its release, engagement and collaboration with partners has continued as we work on refining the Action Plan measures.
• A final Action Plan will be released in June and we will continue collaboration with Indigenous partners as we work on its implementation.

Background

• The United Nations Declaration on the Rights of Indigenous Peoples Act became law and came into force on June 21, 2021.
• Led by Justice Canada, work is underway, in partnership with Indigenous peoples, to implement the Act.
• In consultation and cooperation with First Nations, Inuit and Métis, the government is:
  • Taking measures to ensure federal laws are consistent with the Declaration
  • Developing an action plan to achieve the objectives of the Declaration
  • Publishing annual reports on progress
• The Act requires that the action plan be developed as soon as possible and no later than two years after the coming into force of the Act, which means it needs to be completed by June 2023.
• ISC has been an active participant in developing the Draft Action Plan, through Justice Canada's engagement process:

Phase one (December 2021-December 2022)

• Phase one focused on working in partnership with First Nations, Inuit and Métis to better understand their priorities in order to shape the action plan and to begin to identify potential measures for aligning federal laws with the Declaration. It included consultations with:
  • First Nations, Inuit and Métis rights holders, including modern treaty signatories, self-governing nations and historic treaty partners, as well as national and regional Indigenous representative organizations
  • Indigenous women, Elders, youth, persons with disabilities, 2SLGBTQQIA+ people, urban Indigenous people and other Indigenous organizations and groups
• Phase one generated a range of measures and recommendations from over 220 virtual sessions and 60 submissions from Indigenous partners.
• Justice Canada released the What we Learned to Date Report and Draft Acton Plan based on Phase 1 engagement on March 20, 2023.

Phase two (March 2023 – June 2023)

• During the second phase of consultation and cooperation, Justice Canada has continued working with Indigenous partners on validating the proposed measures in the draft action plan and modifying them as necessary, identifying and filling any gaps, and including additional measures.

Current Status

• The Draft Action Plan, released on March 20, 2023, includes 25 measures (of a total of 101) on which ISC leads or shares leadership.
• Since March 2023, ISC has continued to work with partners and across government to refine language and address partner concerns and submissions. 
• The Department of Justice is leading the work on the development of the final Action Plan and the document is planned to be tabled in Parliament in June, prior to being publicly available.

ISC Action Plan Measures in March 2023 Draft Action Plan (PDF)

Key Messages

• Residential schools are a shameful part of racist and colonial policies that removed Indigenous children from their communities, their families, languages and cultures.
• Everyone in Canada has a role to play in learning about, and addressing the ongoing impacts of residential schools and of the many children who never returned home.
• Addressing these impacts is at the heart of reconciliation and a renewal of the relationships between Indigenous Peoples who attended these schools, their families and communities, and all Canadians.
• ISC is working with communities and other partners, to provide resources and the support needed as determined by the community.

Background

• ISC's mandate letter commitment: Minister of ISC will work with the Minister of CIRNA to address the history and legacy of residential schools, including by continuing to provide the necessary supports to communities who wish to continue to undertake the work of burial searches at the sites of former residential schools and other federally-run institutions.

ISC Announcements on Residential Schools since May 27, 2021:

• August 2021 Government of Canada announced $320 million in support for Indigenous-led, Survivor-centric and culturally informed initiatives and investments to help Indigenous communities respond to and heal from the ongoing impacts of residential schools. Of this funding ISC received:
  • $107.3 million in 2021-22 to increase access to trauma informed health and cultural support services and expand access to ensure all First Nations and Inuit are eligible for these supports.
  • $100.1 million over 2 years (2021-22 to 2022-23) to address the legacy buildings and sites associated with residential schools to support community plans to manage former residential school buildings. This funding supports activities such as building demolition, land remediation or the construction of new facilities so that community-based activities that currently take place in these buildings can continue.
• Budget 2022: $201 million over 2 years to renew the expanded access to trauma-informed cultural and emotional supports from the August 2021 announcement for all residential school Survivors and others impacted by the legacy of residential schools.
• Papal visit: On July 12, 2022, Government of Canada announced over $35 million to support to First Nations, Inuit, and Métis communities, including urban and off-reserve organizations, for community-led initiatives related to the July 2022 papal visit and the legacy of residential schools.
• IRS Environmental Scan: In 2022-2023, ISC conducted an environmental scan of the current status, jurisdictional ownership and condition of sites and buildings associated with the 140 former residential schools recognized in the Indian Residential Schools Settlement Agreement the status of residential school properties to better understand the current state of any remaining buildings and former residential school locations.

Current Status

Key Messages

• The 2023-24 Main Estimates include an allocation of $1.76 billion for Professional and Special Services within its Budgetary Expenditures.
• The funding is mainly to provide payments for legal and administrative costs for the implementation of the compensation for First Nations children and families. It also will be used to provide for the coverage of a wide range of health benefits such as dental and vision care, mental health counselling and social services to Indigenous People.

Background

• Departments are required to report on their expenditures, such as Professional Services, in the Public Accounts.
• Professional and special services within the Government of Canada is the provision for all professional services performed by individuals or organizations such as but not limited to: payments for the services of accountants, lawyers, architects, engineers, scientists, reporters, and translators; for doctors, nurses and other medical personnel as well as for payments for hospital treatment; for management, data processing and other research consultants; and payments for the provision of informatics services; temporary help and hospitality.
• Aside from compensation costs in 2023-24, as is typical for most years, the majority of Indigenous Services Canada's professional services spending is for health and welfare services. Health and welfare services include dental and vision care, mental health counselling, physician and surgeon services, laboratory services and other professional and health services.
• The remaining expenditures related to professional services include business services, mainly human resources management services, informatics and legal services, and various other services such as management consulting, training and education, engineering and architectural, scientific and research, interpretation and translation, protection services, special fees and hospitality services.

Current Status

• The 2023-24 Main Estimates includes an allocation of $1.76 billion for Professional and Special Services within its Budgetary Expenditures. The allocation is as follows:
  
  • the implementation of the compensation for First Nations children and families;
  • the coverage of a wide range of health benefits such as dental and vision care and mental health counselling;
  • a wide range of health, social and educational services, including, but not limited, to the services of psychologists, speech language and occupational therapists, nursing care, dietician and educational assistants;
  • primary health care services. These services include urgent, emergent and primary health care and are delivered by ISC health professionals. Recognizing the current global shortage of health human resources, ISC administers national contracts for nursing and paramedic services that reinforce the ISC HHR workforce in providing front line service in these communities; and
  • other services, such as Business services, Informatic services, legal services, and various other services such as management consulting, training, engineering and architectural services, scientific and research services, interpretation and translation services, protection services, special fees services, etc.

Key Messages

• The Government of Canada has made significant investments to improve the quality of life for Indigenous communities, families and youth, as well as to renew the nation-to-nation, Inuit-Crown, government-to-government relationship between Canada and First Nations, Inuit and Métis, and to support greater self-determination.
• Following the dissolution of Indigenous and Northern Affairs Canada in 2017, ISC has been undergoing significant organizational changes and has undertaken steps to stabilize its structure.
• Many of the expenditures highlighted in the Parliamentary Budget Officer's report were a result of investments made through the annual federal budget cycle, and as such were not reflected in the Main Estimates that were used in preparation of the departmental planned spending, but rather in subsequent supplementary estimates.
• As a result, many of the variances noted in the report are not a result of a flawed forecasting processes, but rather of significant new investments incorporated into departmental budgets through the normal budgetary cycle.
• In recent years, efforts to establish targets may have been affected by the context of co-development and engagement with Indigenous partners versus previous efforts where targets may have been set unilaterally.
• Many indicators were subject to delays in the collection and compilation of the 2019-20 and 2020-21 results due to COVID-19.
• As part of a continued focus on improving performance measurement, ISC recently renewed its Departmental Results Framework to better align services and resource allocations with the high-level results. The new framework was approved by Treasury Board in November 2022.

Background

• The report presents the Parliamentary Budget Officer's (PBO) response to a request made in February 2022 by the Standing Committee on Indigenous and Northern Affairs to conduct research and comparative analysis on the Estimates of the Department of Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and the Department of Indigenous Services Canada (ISC).
• PBO accessed publicly available data to conduct this analysis, primarily GC InfoBase, Departmental Plans, Departmental Results Reports and reports from the Office of the Auditor General.
• The report looked at two time periods:
  • 2015-2016 to 2017-2018: when predecessor organizations were active
  • 2018-2019 to 2022-2023: current active organization structure  
• For both timeframes, an analysis was made taking two approaches:
  • A quantitative component focused on planned and actual spending and human resources.
  • A qualitative component focused on the changes to departmental result indicators (DRIs) and their ability to realize their objectives.

Key Findings – Quantitative Analysis

2012-2012 to 2017-2018

• Indian and Northern Affairs Canada (INAC) results showed gradual increases in spending above planned budgets in 30 occurrences, as well as significant discrepancies between forecasted and actual FTEs in 11 occurrences.
• Department of Aboriginal Affairs and Northern Development Canada and the Canadian Polar Commission (AANDC-CPC) was reported to have a 39% deviation in actual spending from planned spending on internal services – there were 2 instances where spending was far below projections. FTE planned projections were also below the actual need (difference of 44%).
• Health Canada's analysis ended in 2016-2017 prior to the program transfer to ISC in 2017-2018. A 39% difference was reported between planned and actual spending as well as between planned and actual FTEs. FTEs remained lower than actual needs and continued to be chronically underestimated.

2018-2019 to 2022-2023

• The analysis indicated there had been a significant increase in the amount of financial resources allocated to providing Indigenous services during the report period.
• However, it was reported the increase in expenditures did not result in a comparable increase in the ability to achieve set targets.
• Actual spending for ISC was reported to diverge from planned spending in 13 instances, an absolute average difference of 48% ($863 million).
• Significant differences were found between planned and actual FTEs in 8 instances, with an absolute average difference of 39% (267 FTEs).

Impact of Transition

• Results did not match forecasts and significant differences gradually arose over time.
• Organizations appeared to have resisted the structural change imposed by the creation of new departments.

Key Findings – Qualitative Analysis

• While the goals related to high level outcomes have remained relatively consistent, departmental indicators have fluctuated as mandates and programming has evolved.
• The portfolio exhibited some volatility to achieving targets, particularly for indicators that were introduced in the early years of ISC's operation and had not yet matured enough for the objectives to be fulfilled.
• The ability of both organizations to achieve specified targets has declined.

2015-2016 to 2018-2019

• INAC experienced significant changes due to movement driven by structural changes from the former AANDC-CPC. Some departmental result indicators were dropped because they were "sunsetting" that year.
• Health Canada increased the number of indicators they monitored mainly focused on Indigenous and Inuit health and removed those that had met their objectives.
• While both departments were able to specify goals for their indicators, they both reported consistent trends in pushing target dates.
• DRIs that were added later during this time had no actuals since they did not have enough time to mature and produce measurable results.
• Both organizations exhibited a capacity to achieve their objectives.

2018-2019 to 2022-2023

• Both ISC and CIRNAC had increased the number of DRIs due in part to a more disaggregated approach to monitoring as well as the creation of new areas of responsibility.
• CIRNA showed progressive improvement in specifying targets, while ISC showed a decline in its ability to set targets partly due to the "Indigenous Self-Determined Services".
• Both performed poorly in maintaining targets and showed a trend of extending target dates with each Departmental Plan. 
• ISC also fell short of CIRNAC's ability to specific and maintain targets for "flow" goals – those indicators that did not have specific targets but instead have a yearly change that they target.
• The changes in portfolios during this time exhibited some volatility to achieving targets, particularly for those indicators introduced in the early years of operation and had not yet matured enough for the objectives to be fulfilled.

If pressed on DRF engagement with Indigenous Partners

• The renewal of ISC's Departmental Results Framework, and the engagement of two National Indigenous Organizations (Assembly of First Nations and Inuit Tapiriit Kanatami) in this process, speaks to the department's vision of on-going involvement of Indigenous stakeholders in performance measurement planning. Departmental performance measurement activities are also informed by mandates, authorities, government policies and directives, and Treasury Board Secretariat direction and approvals.
• Our engagement with Partners is focusing on the results we are seeking to achieve, as well as the measures by which we can track progress. We are working to improve the quality and relevance of data and measures by aligning them with our Partners' priorities.

Annex

Key Messages

• Significant investments have been made in the First Nations Child and Family Services Program to address the Canadian Human Rights Tribunal's finding of discrimination.
• The Program's budget has increased by more than 400% since 2016. At the same time, the focus of the Program has shifted from protection to prevention.
• Canada continues to work with the Parties to the complaint before the Canadian Human Rights Tribunal towards reaching an agreement on the long-term reform of the program.
• In early 2022, ISC began paying the actual cost of the purchase and construction of capital assets for the delivery of the program, and on April 1st, 2022, early program enhancements were implemented.
• These enhancements included funding for prevention, funding First Nations representative services in all provinces and the Yukon, and funding at actual costs for post-majority support services for youth ageing out of care up to their 26th birthday.

Background

• The First Nations Child and Family Services (FNCFS) Program provides funding to support the safety and well-being of First Nation children on reserve. Funding is provided to FNCFS delegated agencies/service providers, First Nations, provinces, and the Yukon to deliver prevention and protection services on-reserve. These services are provided in accordance with provincial/territorial legislation and standards in a manner reasonably comparable to those available to other residents.
• In 2016, the Canadian Human Rights Tribunal ruled that the FNCFS Program was discriminatorily underfunded.
• ISC has made significant investments in the Program to address the finding of discrimination and the Tribunal's subsequent orders.
• On December 31, 2021, Canada and the parties to the Tribunal complaint signed an Agreement-in-Principle on the long-term reform of the program. The Agreement-in-Principle committed approximately $20 billion over 5 years and set out a new funding approach for the FNCFS Program.
• On April 1st, 2022, ISC began implementing early program enhancements, increasing the funding for prevention, funding First Nations representative services in all provinces and the Yukon, and funding at actual costs post-majority support services for youth ageing out of care up to their 26th birthday.
• As well, in early 2022, ISC began paying the actual costs for the purchase and construction of capital assets for the delivery of the FNCFS Program.
• The program's budget grew from $1.7 billion in 2021-22 to $3 billion in 2022-23. Prevention is now the largest component of the program.

Current Status

• Negotiations towards a final settlement Agreement on the long-term reform of the FNCFS Program are ongoing.

Key Messages

• All parties have worked collaboratively to reach a First Nations-led and designed final settlement agreement on compensation. This settlement agreement, the largest in Canadian history, will compensate First Nations children and families harmed by the underfunding of the First Nations Child and Family Services Program and the narrow application of Jordan's Principle.
• We are happy that the compensation agreement was supported by a resolution at the Assembly of First Nations Special Chiefs Assembly held between April 3 and 6, 2023.
• The agreement will be brought to the Canadian Human Rights Tribunal asking for the Tribunal to confirm that the agreement meets its 2019 order on compensation. Following this, the agreement must be approved by the Federal Court. These steps will take several months and only after that can the agreement be implemented.
• We are eager to take these next steps with the parties to obtain the approvals of the Tribunal and the Federal Court so that the agreement can be implemented as soon as possible.

Background

• Given that the Moushoom, Assembly of First Nations and Trout class actions and the CHRT's 2019 compensation order all revolve around Canada's past discriminatory practices in connection with the First Nations Child and Family Services Program and the delay and denial of essential services both under Jordan's Principle and prior to the Principle, negotiations to reach a global settlement began in late 2021.
• On December 31, 2021, an Agreement-in-Principle (AIP) that committed $20 billion in compensation to children and caregivers affected by Canada's discrimination was signed.
• On July 4, 2022, a First Nations-led and designed proposed final settlement agreement on compensation was reached by the parties. It was intended to compensate those harmed by the discriminatory underfunding of the FNCFS Program and those impacted by the federal government's narrow definition of Jordan's Principle, as found in the CHRT's January 26, 2016 decision but also expanded to include classes not covered by the Tribunal's orders (1991-2006).
• However, the Tribunal, in its ruling of October 24, 2022, did not agree that the proposed Final Settlement Agreement fully satisfied the 2019 compensation order.

Current Status

• In early April 2023, a revised Final Settlement Agreement addressing the Tribunal's decision was reached between Canada, the Assembly of First Nations, the plaintiffs in the Moushoom and Trout class actions as well with the First Nations Child and Family Caring Society.
• The agreement was supported by a resolution at the Assembly of First Nations Special Chiefs Assembly held between April 3 and 6, 2023.
• The agreement will be brought to the Canadian Human Rights Tribunal asking for the Tribunal to confirm that the agreement meets its 2019 order on compensation. Following this, the agreement must be approved by the Federal Court. These steps will take several months and only after that can the agreement be implemented.
• The AFN is maintaining a website where updates and the latest information on implementation can be found: Compensation for First Nations Child and Family Services

Key Messages

• ISC is working with Indigenous groups, communities and peoples, as well as provinces and territories, to support the exercise of Indigenous child and family services jurisdiction under the Act.
•  Indigenous Services Canada has established quantitative targets: the Department will seek to enter into coordination agreements with 40 Indigenous organizations by 2024-2025, enabling them to exercise jurisdiction over their child and family services legislation.
• To date, agreements have been concluded with seven Indigenous governing bodies. An additional twelve agreements are anticipated in 2023-2024, tracking to achieve ISC targets.

Background

• An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) was co-developed with Indigenous partners and received Royal Assent on June 21, 2019 and came into force on January 1, 2020.
• As of January 1, 2020, every service provider delivering child and family services in relation to Indigenous children must follow the minimum standards of the Act which include: Best Interests of the Indigenous Child, Cultural Continuity and Substantive Equality.
• As part of the July 2020 Economic and Fiscal Snapshot, the Government of Canada has committed almost $542 million over five years, starting in 2020-21, to support the implementation of the Act. This historic legislation enables First Nations, Inuit and Métis to choose their own solutions for their children and families. Funding for the operationalization of the Act is requested separately once tripartite coordination agreements are reached,
• Section 25 of the Act states that after receiving a notice under subsection 20(1), or a request under subsection 20(2), ISC must post on a website the name of the Indigenous group, community or people on whose behalf an Indigenous governing body has given the notice or made the request, and the date on which the notice or request was received;
• As of July 2023 there are 12 active coordination agreement discussion tables.
• A coordination agreement facilitates the implementation of Indigenous jurisdiction over child and family services. It articulates the roles and responsibilities of the signing parties. It supports coordination between the three different jurisdictions (federal, provincial/territorial and Indigenous) on matters related to the exercise of jurisdiction to prevent jurisdictional disputes, duplication or gaps in services.
• Consistent with the Act, coordination agreements also include fiscal arrangements that are sustainable, needs-based and consistent with the principle of substantive equality between the federal government, the provincial/territorial government and the Indigenous governing body in relation to the provision of child and family services by the Indigenous governing body.

Current Status

• It is anticipated that for 2023-2024 twelve additional coordination agreements will be concluded with Indigenous governing bodies this year, tracking to achieve ISC targets.
• As of the end of 2022-2023, six trilateral coordination agreements and one bilateral fiscal agreement have concluded with seven Indigenous governing bodies, supporting their transition to exercising jurisdiction under their own child and family services laws.
• Canada has signed coordination agreements with the following groups:
  • Peerless Trout First Nation, Lubicon Lake Band, Loon River First Nation (Founding First Nations) and the Province of Alberta (Canada's contribution is $149.4 million over five years, these could potentially be higher pending future capital proposals);
  • Kitchenuhmaykoosib Inninuwug and the Province of Ontario (Canada's contribution is $93.8 million over four years, these could potentially be higher pending future capital proposals);
  • Splatsin and the Province of British Columbia (Canada's contribution is $136.2 million over ten years);
  • Peguis First Nation and the Province of Manitoba (Canada's contribution is up to $309.0 million over three years, pending Capital proposals);
  • Wabaseemoong Independent Nations and the Province of Ontario (Canada's contribution is $340.8 million over ten years, discussions are taking place to amend these agreements);
  • Cowessess First Nation and the Province of Saskatchewan (Canada's contribution is $38.7 million over two years, discussions are taking place to amend these agreements).
• Canada has also entered into a fiscal agreement with Louis Bull Tribe (Canada's contribution is up to $124.8 million over three years, pending Capital proposals). This bilateral fiscal agreement is between Louis Bull Tribe and Canada thereby excluding it as a trilateral coordination agreement with Province of Alberta.
• Twelve additional coordination agreements are expected to be concluded this year with Indigenous governing bodies, charting a course towards achieving Indigenous Services Canada's objectives.

Key Messages

• Indigenous communities in Canada are disproportionately affected by climate change, including natural disasters, ecosystem changes, impacts on infrastructure and economic development, increased costs of living, and negative effects on health and wellbeing.
• Recognizing the urgency and severity of climate impacts on Indigenous communities, the federal government has been taking action to support Indigenous peoples  on climate change, such as:
  • $1.3 billion in investments targeted towards Indigenous peoples under the Canada's Strengthened Climate Plan;
  • $1.6 billion in investments in the Government of Canada Adaptation Action Plan for the National Adaptation Strategy; and
  • $29.6 million commitment announced in the 2030 Emissions Reductions Plan and Budget 2023 to co-develop Indigenous Climate Leadership agendas with Indigenous partners.
• Since 2016, ISC has allocated approximately $1.6 billion in program funding to Indigenous communities for climate-related actions, including transitioning to clean energy and off-diesel, building sustainable and resilient infrastructure, providing services for physical and mental health, enhancing food security, and supporting emergency management and preparedness services.
• Discussions with First Nations partners have outlined the importance of moving towards self-determined climate actions, greater First Nations agency with respect to climate change, and ultimately the transfer of federal programs and services to communities. First Nations also seek to secure earlier and deeper forms of engagement, greater coordination across jurisdictions, and greater access to federal climate programming.
• ISC currently delivers $20 billion worth of programs and services to Indigenous communities. A significant opportunity exists to ensure that these investments  support Indigenous communities to build resilience and advance climate actions.

Background

• Indigenous communities in Canada are disproportionately vulnerable to climate change impacts and environmental risks. This is in part due to a close relationship and reliance on lands and natural resources, often remote geographic locations, as well as socio-economic inequality and infrastructure challenges.
• Climate change and environmental impacts are causing detrimental effects to Indigenous communities, including increased costs of living, damaged infrastructure, food and water security challenges, impacts on physical and mental wellness, decreased ability to safely conduct cultural practices, and damages to historic and cultural sites.
• At the same time, Indigenous communities are demonstrating strong leadership in climate action by building resilient communities, investing in clean energy, reducing pollution, and exemplifying ways to respect and protect nature.
• Climate change is a top priority for the government, and Canada has developed ambitious plans to take strong action on climate change. Environment Climate Change Canada currently tracks more than thirty federal initiatives across government with a focus on climate change, most, if not all, of which offer opportunities and/or have important implications for Indigenous peoples.
• In the federal mandate letters of December 2021, all ministers were called to support work to exceed Canada's emissions reduction target and prepare Canada to adapt to the impacts of a changing climate. In particular, the Minister of Indigenous Services was called on to work in partnership with Indigenous partners to address climate change and its impacts.
• Indigenous Services Canada currently delivers several programs that support Indigenous peoples in taking action on climate change in key areas, such as transition to clean energy and off-diesel, building sustainable and resilient infrastructure, providing services for physical and mental health, enhancing food security, and providing emergency management and preparedness services.
• To date, however, the department's ability to take a more strategic approach to climate change across all programs and services has been limited by a lack of strategic direction and centralized leadership. To this end, ISC Deputy Minister requested the development of a departmental strategy on climate change to help integrate climate considerations into existing programs and services, and will ensure efforts align with the larger federal climate agenda and with Indigenous priorities.

Current Status

• Since 2016, ISC has allocated approximately $1.6 billion in program funding for Indigenous communities in areas connected to climate action. For example, some key investments include:
  • $126 million since 2016 in the First Nation Infrastructure Fund to support 110 Indigenous communities to better protect themselves from climate change impacts like flooding or forest fires.
  • $58.9 million since 2016 under the Climate Change and Health Adaptation Program for First Nations and Inuit community-led projects. Two hundred and thirty-three projects, as of October 2022, have been funded to identify, assess, and respond to the health impacts of climate change by developing and implementing health-related adaptation or action plans, as well as by developing knowledge-building and communication materials.
  • Over $78 million since 2018 under the Emergency Management Assistance Program to support First Nations communities so they can build resiliency, prepare for natural hazards and respond to environmental emergencies.
  • $36 million in the Strategic Partnerships Initiative for climate change mitigation funding to build capacity for local, economically-sustainable clean energy projects in First Nations, Inuit, and Métis communities.
• In addition, ISC's Climate Change and Health Adaptation Program received $12 million total over 5 years under the National Adaptation Strategy in 2022 to continue supporting multi-year and ongoing Indigenous-led health adaptation projects in the North ($10 M) as well as additional resources to support Indigenous Health Partners to assess health systems-related vulnerabilities and what is needed to foster the climate resilience of health services funded and delivered by ISC ($2 M).
• ISC further supports Indigenous priorities on climate action through its participation on federal steering committees for Indigenous Climate Leadership and the National Adaptation Strategy, and membership in the Joint Committee on Climate Action (co-led by the Assembly of First Nations and Environment and Climate Change Canada), the horizontal Climate Plan Implementation Committee, and several other climate-focused interdepartmental committees and initiatives.

Key Messages

Background

Current Status

Key Messages

• Economic reconciliation presents an opportunity for transformational change in Canada – a future strengthened by the vibrancy and successes of Indigenous communities, businesses and industry leaders.
• Budget 2023 proposes to provide $5 million in fiscal year 2023-2024 to Indigenous Services Canada to support the co-development of an Economic Reconciliation Framework with Indigenous partners that will increase economic opportunities for Indigenous Peoples, communities, and businesses.
• The Framework will serve to move complex systems within government to meet Indigenous communities where they are situated, accelerate economic development and remove barriers to economic prosperity.
• We understand the government cannot impose its own vision and assert control over the Indigenous economic agenda. ISC will be working closely with First Nation, Métis and Inuit leadership and at every step of this process.
• This work will build on and expand the priorities outlined in major policy proposals by Indigenous institutions, including the RoadMap project and the National Indigenous Economic Strategy.
• Through this work, ISC will support Indigenous leadership to collectively carve a critical path forward for thriving Indigenous economies and respond to calls for action in concrete, meaningful, and measurable ways.

Background

• Indigenous peoples have long called for "economic reconciliation" as a means to recognize and redress wrongs, to create the conditions for well-being and prosperity, and to imagine a new future.
• Calls for economic reconciliation align closely with rights expressed in the UN Declaration, including rights to: self-determination and self-government; to maintaining Indigenous economic structures and systems; to freely engage in economic activities; to economic development; to own, use and develop lands and resources; and to redress and compensation.
• Advancing economic reconciliation will require strong commitments to systemic transformation, backed by significant resources and real action from the Government of Canada, with Indigenous partners leading the way.
• Indigenous priorities, interests, and visions of economic reconciliation will be built into the foundations of the co-development process.
• The co-development and distinctions-based processes will produce robust policy proposals and costed recommendations to serve as outputs of an Economic Reconciliation Framework.
• As a facilitator of the process, ISC will work with Indigenous and federal partners to develop concrete policy proposals and prioritize existing proposals based on their readiness to be implemented. The process will produce refined, costed, prioritized and specific policy recommendations that have been validated at the community level.

Current Status

• ISC will initiate conversations with Indigenous partners this summer to seek endorsement of the overall approach, confirm Indigenous policy leads, and negotiate Policy Collaboration Agreements which will clarify roles and responsibilities.
• It is anticipated that agreements will be completed by the end of summer 2023 and will support the September 2023 launch of a 12-month engagement and policy development exercise.

Key Messages

• Between 2015 and 2020, G&R Recycling S.E.N.C. operated a privately-owned sorting center for construction and demolition materials on the Kanesatake territory, that resulted in significant, negative environmental impacts.
• Responsibility for the remediation of the site would normally rest with G&R Recycling under the polluter-pays principle.
• Currently, the contamination at the site is not eligible for remediation funding under Federal Contaminated Sites Action Plan (FCSAP) because the ownership of site remains with a third party (i.e., the Gabriel brothers). However, once the First Nation accepts to have the site returned to it through the transfer of the Oka letters (and is therefore no longer a third-party site), the site can become eligible for federal funding under FCSAP. Once this occurs, ISC would formally accept responsibility for the contamination.
• Grand Chief Bonspille has requested that remediation funds be provided to the Mohawks of Kanesatake prior to accepting the return of the lands back from the land owners.
• Discussions are ongoing between Ministers Miller and Hajdu and the Mohawk Council of Kanesatake on the best path forward that ensures the site is fully assessed, decontaminated and rehabilitated.
• Pending those discussions, and as an preliminary measure, ISC has earmarked $500K in 2023-2024  through the First Nation Waste Management Initiative for to address the deleterious odours associated with the waste at the site.

Background

• Indigenous Services Canada, Environment and Climate Change Canada and the Ministère de l'Environnement, de la Lutte contre les changements climatique, de la Faune et des Parcs du Québec have been aware of the environmental impacts that have resulted from the operation of the G& R Recycling S.E.N.C. sorting center on the Kanesatake territory for several years.
• The G&R Recycling contaminated site and its negative impacts on Kanesatake community members and surrounding municipalities have received significant media attention, resulting in calls for the federal government to remediate the site for environmental and health issues, including to remove the significant amounts of waste materials accumulated on the site that cause foul odours.
• The issue surrounding responsibility for addressing the environmental impacts at the site stems in part from the limited environmental regulations that apply on reserve as well as the jurisdictional framework by which they are governed.
• Provincial environmental regulations typically cover areas related to business and industry practices (such as emissions, waste handling, facility permitting, etc.) and generally do not apply on federal lands, including reserves.
• The federal government has not yet established a complementary regulatory regime on reserve and the majority of First Nations do not have law making authority in this area, have limited capacity to address compliance issues, or lack capacity to adopt and enforce regulations, which has created a gap in environmental protections. In the absence of a comprehensive environmental regime on reserves there are cases where provinces have stepped in to apply their environmental regulations, adding to jurisdictional tension.
• The Quebec Ministry of the Environment issued a permit to G & R Recycling under the Loi sur la qualité de l'environnement. The company received a notice of order from the Quebec department on October 1, 2020, to revoke the authorization granted to it in June 2015.
• Following an inspection by Environment and Climate Change Canada on September 2, 2020, a directive to "prevent, neutralize, mitigate or repair damage to fish and fish habitat" under the Fisheries Act was issued on November 18, 2020.
• The lots on which G & R Recycling was authorized to operate by the Mohawk Council of Kanesatake are lands reserved for the use and benefit of Indians under subsection 91(24) of the Constitution Act, 1867 by virtue of the Kanesatake Interim Government Territory Act. The use of these lands is therefore the responsibility of the Mohawks of Kanesatake and the responsibility for the restoration of the lots rests with the occupier who caused the damage, in this case G&R Recycling.
• There are no legal instruments in the Indian Act that would give ISC a means to intervene on privately owned land.
• However, once the lands are effectively transferred back to the Mohawks of Kanesatake, ISC would be in a position to support the assessment, remediation and rehabilitation of the site.

Current Status

• The Honourable Minister Patty Hajdu is in active communications with the Grand Chief and Council to determine the best path forward.

Key Messages

• In the current round of collective bargaining negotiations, four Public Service Alliance of Canada (PSAC) bargaining units selected conciliation (with the option to strike): Program Administration (PA), Operational Services (SV), Education and Library Science (EB) and Technical Services (TC).
• The four bargaining units were in a legal strike position on April 12, 2023 and the union initiated a general strike on April 19, 2023. 
• The strike ended on May 1, 2023, after a tentative agreement was reached between PSAC and Treasury Board. 
• At ISC, 5,118 positions are within these bargaining units which were eligible to strike. This represented about 59% of the total employee population within the Department.
• All striking employees returned to work on May 1, 2023 by 1:30pm EDT and work activities resumed. The Federal Schools reopened to students on Tuesday May 2, 2023. 

Background

• In order to ensure the Department was able to meet the challenges posed by a strike and respond to events in a timely and consistent fashion, a National Departmental Strike Committee (DSC), supported by excluded and unrepresented senior management staff, was established in January 2023 including Terms of Reference. Regional/sectoral and local strike committees across ISC subsequently followed.
• In pursuing the establishment of this governance structure, was the drafting of comprehensive sector/regional strike contingency plans to address the delivery of essential and critical services to clients and Canadians. The ISC strike contingency plans were submitted for review and finalized in early to mid April 2023.
• During a labour disruption, an essential service of the Government of Canada is a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public.
• At ISC, 1182 positions were identified as essential with the vast majority in the First Nation Inuit Health Branch. An extensive review of the needs started in February 2022 and the final Memorandum of Understandings were signed by the PSAC in March 2023. All employees in positions designated as an essential service were notified in writing the week of March 27, 2023.
• In addition to strike governance, the Department put in place a strike communication plan, training resources for all excluded and unrepresented managers and reporting procedures in order to prepare for potential strike activity. 
• All documentation and training materials were stored in GCdocs, in order to ensure secure and private access to specific groups, made up of excluded and unrepresented employees and managers. 
• In order to ensure the safety and security of employees and physical resources during a potential strike, local strike committees were established at each ISC work location with 10 or more employees who were eligible to strike. 

Current Status

• PSAC called off the general strike of its members on May 1, 2023, due to a tentative collective agreement being reached with TBS. PSAC will now put the agreement to a ratification vote by the members (details of this process are not known at this time). If the vote is successful, then TBS will begin its own internal ratification process for approvals. Once the agreement is fully signed by all parties, it is then considered a ratified agreement and enters into effect the day of signing.
• If the PSAC ratification vote is unsuccessful, the parties will resume negotiations. PSAC could renew a call of strike action to their members.
• PSAC remains in a legal strike position until the tentative collective agreement has been ratified.
• The Department has started to plan a "lessons learned" review exercise, to determine and document the best practices and areas that should be improved for any future strike preparations.