Audit of Land Management

National Aboriginal Lands Managers Association

NALMA is an Indigenous-led organization composed of eight Regional Lands Associations (RLAs) (Ontario, Quebec, Atlantic, Manitoba, Saskatchewan, Alberta, British Columbia, and Nunavut) which represent 234 First Nations and Inuit communities. NALMA and the RLAs provide technical training and networking opportunities for land managers and First Nations. Technical specialists employed by NALMA are also available to support First Nations land managers.

For RLEMP, NALMA is responsible for delivering the Professional Land Management Certification Program (PLMCP), through entering into agreements with post-secondary institutions for the delivery of Level 1, and directly delivering the Level 2.

NALMA also administers a portion of the LUPI by reviewing applications and administering funding to First Nations operating under the Indian Act as well as providing relevant training and capacity development support.

Land Advisory Board (LAB)

To assist First Nations in managing their land outside of the Indian Act, the FA established the LAB and the FNLMRC.

The LAB is the representative body and voice for First Nations in FNLM through the FA. Among its roles, the LAB proposes legislative changes to the FA and federal legislation as directed by the signatory Councils, and advocates for and negotiates funding with the Government of Canada on behalf of the First Nations signatory communities. The LAB provides strategic direction to the FNLMRC.

First Nations Land Management Resource Centre

The FNLMRC provides training, technical support, and networking opportunities to First Nations at all stages of the FNLM.

FNLMRC also administers a portion of the LUPI by reviewing applications and administering funding to First Nations in FNLM as well as providing relevant training and capacity development support.

Partnerships

With regards to the RLEMP capacity building process, ISC’s primary partner is NALMA, who is responsible for designing and delivering the PLMCP, which is discussed in greater detail below, as well as providing additional support, training and resources to all member First Nations undertaking land management. There are also currently four university partnerships leveraged to deliver the PLMCP. Through funding provided to NALMA, ISC supports Regional Lands Associations (RLAs) who provide additional training, workshops, and supports to First Nations for a more regionally specific set of activities (e.g., Saskatchewan –agricultural perspective, Atlantic –fisheries perspective). These partnerships enhance the land management capacity building process and are used to address challenges and opportunities faced by First Nation Land Managers.

Capacity Building Process

Through RLEMP, First Nations are supported in building land administration and management capacity to take on responsibility for their lands under the Indian Act. As previously discussed in Section 1.2, RLEMP is broken down into three levels: Training and Development, Operational, and Delegated Authority. Capacity building supports are available to First Nations under all three levels.

The Training and Development level of RLEMP is where much of the capacity building take place under the program through the training and certification of a Land Manager through the PLMCP. In the first year, First Nation Land Manager trainees complete training on broad fundamentals of land management delivered through virtual and in-person courses at four partner universities: Algoma University, University of Saskatchewan, Vancouver Island University, and the Université du Québec en Abitibi-Témiscamingue.

In the second year, First Nation Land Manager trainees receive technical training from NALMA on land management activities focused on the specific roles and responsibilities of a First Nation Land Manager operating under the Indian Act. This training is delivered through virtual and in-person courses, seminars, and lectures by NALMA on various dates and locations throughout the country. The second year includes training in the functional areas of:

1. Land Use Planning;
2. Lands Management under the Indian Act;
3. Natural Resources Management;
4. Environmental Management; and
5. Compliance Management.

NALMA undertakes grading of the PLMCP candidates as they progress through the modules of the PLMCP. Once both levels of training are complete, the trainee is eligible to receive their Land Manager Certification. Land Manager trainees who do not pass this testing are required to retake technical training in order to receive their Land Manager Certification.

ISC regions also support capacity building for First Nations at the RLEMP Training and Development level by providing some basic training and technical support on ISC land management policies and procedures and on using the Indian Lands Registry System (ILRS).

Once a First Nation has demonstrated they have a certified land manager and a lands office, they move to the Operational level of RLEMP and assume responsibility for land administration under the Indian Act. Operational First Nations work closely with ISC Regions as they develop greater experience with land administration. ISC Regions remain responsible for providing Ministerial approval for land transactions, as well as providing technical support and conducting audits of land transactions. With ISC funding, NALMA offers ongoing capacity building supports through technical training and facilitation of networking opportunities with First Nations Land Managers, including:

• Ongoing professional development training through courses and conferences developed by NALMA and the RLAs to address emerging, ongoing, and regional training topics;
• Opportunities for networking and mentoring with Land Managers working for First Nations (e.g., Council for the Advancement of Native Development Officers (CANDO) Links to Learning event – an annual technical training forum funded by ISC intended to build capacity and enhance the ability of First Nations Economic Development Officers and Land Managers);
• One-on-one training with NALMA trainers on key functional areas of land management;
• One-on-one training offered by some ISC Regional offices;
• Access to specialists at NALMA on land use planning, additions to reserve, surveying, and a variety of other land management functions; and
• Access to audit (assessment) of lands office operations by NALMA staff with recommendations for training, new equipment and other next steps.

Other than the one-on-one training with ISC Regional staff, the capacity building supports noted above are available for Land Managers from First Nations operating under the Indian Act, First Nations Land Management (FNLM), or self-government. NALMA also makes spaces available in its courses for ISC staff to attend.

Overall, a wide variety of land management capacity building supports are made available to First Nations through RLEMP, which are often designed based on the identified needs of First Nations in a specific region or for a specific land management function. The input of individual Land Managers and the RLAs is considered when developing training and conference/workshop agendas. As a result, capacity building supports, and resources are structured to align with the need and priorities of First Nations who are interested in assuming responsibility for administering or managing their own lands. However, there remains a gap with regards to the sufficiency of RLEMP funding available to First Nations, which could have an impact on the capacity building process.

Sufficiency of Program Funding to Retain Certified Land Managers

The RLEMP funding formula used by ISC Headquarters (HQ) as First Nations enter into the program considers workload factors such as number of leases and permits, population, and size of the reserve land, but it does not take into account the salary costs of a land manager. The funding provided to First Nations under the RLEMP program in 2022–2023 ranged from $7,351 to $473,250 based on the funding formula.

To assess whether First Nations at the lower end of the funding range would be able to meet the program requirement of hiring a land manager with this funding, the following analysis was conducted to estimate the salary cost of a land manager and compare that with the funding received by First Nations: To estimate an appropriate salary for First Nations, the audit considered several sources of information, including input from NALMA leadership, salary ranges from the 2016 National Land Managers Survey^{Footnote 2}, and salary ranges for program administration positions in the Federal Public Service. As a result of this exercise, the estimated appropriate salary required to hire and retain a certified Land Manager is approximately $65,000 to $85,000. Of the 129 First Nations funded under the program, 55% receive less than $65,000, which is meant to cover costs of the Certified Land Manager’s salary as well as setup of a land management office.

Text alternative for Figure 1: Overview of the range of funding allotment received by First Nations through RLEMP

This figure provides an overview of the range of funding allotments received by First Nations through RLEMP. Values range from $7,351 to $473,250, and a marker is placed at $65,000 to represent the minimum estimated salary required to hire and retain a certified Land Manager. A second marker is also provided to show that 55% of RLEMP First Nations receive less than $65,000 from the program.

For First Nations with a low level of land management activity, the resulting funding is not sufficient to fund a land manager position, which is a requirement of the program. This lack of funding is an impediment to hiring and retaining a qualified Land Manager. Further, since land managers are in demand by other organizations, First Nations must be able to pay a competitive rate to be able to retain an experienced land manager.

Without sufficient funding for a qualified Land Manager, First Nations will be unlikely to hire or retain a Land Manager to undertake land administration and wider land management duties. In addition, turnover or vacancies of staff in the Land Manager position at a First Nation could result in delayed work or additional training, such that the benefits to First Nations of faster processing of land transactions and expanded land management activities are not realized.

Interviewees also highlighted that RLEMP often has insufficient funding for additional First Nations to enter the program. This is due to the fact that current funding for the program is only enough to sustain funding agreements with the current number of First Nations in RLEMP (~125), and remaining program funding is insufficient to allow for new entrants to the program. As a result, new entrants are only considered after a First Nation exits the program and program funding becomes available. This is further demonstrated in the total number of First Nations in RLEMP over the previous five-year period: in 2017, there were 125 First Nations in RLEMP, and in 2022, there were 129 First Nations, representing only a 1.6% increase in active First Nations in RLEMP.

Additionally, there are over 300 First Nations who are not currently in RLEMP, operating in FNLM, or operating in self-government. While these First Nations may not feel that RLEMP, FNLM, or self-government suits their unique needs and priorities, there remains a potential that some of these First Nations would be interested in build capacity through RLEMP but are unable due to lack of funding available.

Feedback from First Nations is Sought and Incorporated

Feedback on RLEMP capacity building is collected from First Nations through a variety of channels, which is then incorporated into the capacity building process, ensuring that the provided resources remain relevant and effective. This includes the following methods/channels for collecting feedback:

• NALMA is an RLA membership-based organization, and NALMA’s RLAs are a key mechanism used to collect feedback from First Nations about their needs and priorities related to land management. Each RLA Chair sits on the broader NALMA Board of Directors, who are responsible for developing the organization’s strategic five-year plan which considers the needs and priorities of First Nations across Canada based on the feedback received by RLAs. Through the membership of RLAs, the perspectives of First Nation Land Managers from across all eight regions are shared at a national level to contribute to feedback collected on land management capacity building resources and supports. NALMA also has the opportunity to collect feedback from First Nations through interaction during delivery of capacity building supports and resources under RLEMP.
• ISC Regions engage with First Nations and collect feedback as part of supporting them in conducting their respective land management activities. This includes offering informal, one-on-one training when a need is identified. Personnel from ISC Regions also attend training and networking events with their service delivery partners where they are able to engage with First Nations to understand their priorities and needs for land management capacity building resources and supports.
• In 2017, ISC partnered with NALMA to engage with First Nation leaders and Land Managers to seek input on how to make the capacity building supports and resources delivered through RLEMP more responsive to the needs of First Nations. This engagement was held across Canada and included input from 351 participants from 224 First Nations. Through this engagement, feedback was collected on areas of funding, training, eligibility, and authority to inform adjustments to the land management capacity building process. However, since ISC is still implementing the improvements identified in the 2017 engagement, no similar stand-alone engagements have been conducted since then.

Adaptability and Responsiveness of Capacity Building Process

In response to feedback collected from First Nation leaders and Land Managers and to demonstrate adaptability and responsiveness of the capacity building process, the following changes were made to the capacity building support delivered through RLEMP:

• To enhance accessibility of the PLMCP, NALMA formed partnerships with 3 additional universities to deliver Level One of the PLMCP training in the years since the 2017 RLEMP engagement. This includes new partnerships with Algoma University of Ontario, Vancouver Island University, and the Université du Québec en Abitibi-Témiscamingue, in addition to the existing partnership with the University of Saskatchewan. As part of the new partnership with Université du Québec en Abitibi-Témiscamingue, Level One of the PLMCP is now offered in French. As a result, First Nation Land Managers have the ability to select the university of their choice and the program has become more geographically accessible to First Nations.
• Recognizing that individuals may have existing knowledge and expertise before undertaking the formal training program, NALMA offers a Prior Learning Assessment to fast-track Land Manager Certification for Land Managers who demonstrate existing capacity and pass one or more of the equivalency standards on the five key parts of RLEMP (land use planning, land management, resource management, environmental management, and compliance measures). NALMA assesses and certifies this equivalency for Land Managers. If a Land Manager successfully completes the equivalency requirements, they may receive credit for the portions of PLMCP which they demonstrate existing capacity for.
• It was identified that there is a need for succession planning for First Nations Land Managers, as the departure of an experienced Land Manager will result in a loss of land management capacity for the First Nation. In response to this, ISC allowed for additional flexibility in how funding could be used by First Nations to allow for an additional Land Manager to be trained through RLEMP. This change was introduced in fiscal year 2020-2021.
• Flexibility is provided to First Nations in dealing with the departure of a Land Manager while they are in RLEMP. If a Land Manager leaves while the First Nation is in the development phase of RLEMP, the First Nation may swap in another individual to continue land management training and capacity building if they have someone ready to begin. If a Land Manager leaves while the First Nation is in the operational phase of RLEMP, the First Nation will stay at the operational level and continue to receive funding if they are able to continue land management activities and meet the requirements of their funding agreements (i.e., providing reporting to ISC, following templates for transactions, etc.).
• Due to constraints on travel and gathering during COVID, training sessions were adapted to online presentations.

In addition, as part of the intake process for RLEMP, ISC regions are to perform a land management capacity assessment to determine a First Nation’s capacity development needs (e.g. identifying and considering the needs of the local community, the Land Manager, the land management office, and economic development opportunities). This allows for capacity building and professional development supports provided through RLEMP to respond to key areas of land management capacity building need for each First Nation. However, audit interviewees noted that the process to perform initial capacity assessments for incoming RLEMP First Nations is not consistently taking place as ISC Regions do not have capacity to perform a thorough assessment.

While these initial formal capacity assessments may not always take place due to a lack of capacity within ISC regions, other methods are used to determine and address the capacity development needs of First Nations. For example, NALMA can gather information on the capacity development needs of First Nations through the RLAs and through direct interaction with First Nations. In addition, ISC regions are able to identify capacity development needs of First Nations by providing land management services to First Nations in RLEMP. As part of this, if an ISC region observes that a First Nation struggles with a particular type of land transaction, the region will identify this as a training need and offer related capacity building supports to the First Nation and its Land Manager.

Each of the examples of changes in the capacity building process noted above demonstrates responsiveness and adaptability of the process in responding to the needs and priorities of First Nations.

Reviewing and Updating the Capacity Building Process

ISC and NALMA meet on a monthly basis through ISC-NALMA operational calls. These calls are a primary mechanism for ISC to not only receive updates from NALMA on the capacity building, but also to discuss any challenges or issues experienced by First Nations in relation to the capacity building process.

In addition to the ISC-NALMA operational calls, the following mechanisms are in place to review and update the capacity building process as it relates to RLEMP:

• NALMA submits a three-year proposal and accompanying work plan to ISC that outlines the organization’s planned efforts in providing capacity building support to First Nations. As these proposals are submitted every three years, it provides a regular opportunity for NALMA to propose any potential changes to the capacity building process.
• ISC Regions are required to complete the RLEMP Compliance Framework on an annual basis, which contains a self-assessment that ISC Regions must complete to validate whether they are providing adequate support to RLEMP First Nations. This process may involve the ISC Regions providing input to HQ to review and update the capacity building process.

These mechanisms noted above allow for ISC to regularly review completed capacity building activities for challenges, or areas of improvement. As part of NALMA’s three-year proposal, an overview of planned capacity building activities is also provided to ISC. With this information, ISC is able to update capacity building resources and support systems accordingly to meet the needs and priorities of First Nations.

Access to updated Information on ISC Policies and Procedures

RLEMP First Nation Land Managers are preparing land transaction agreements, collecting payments, and other land administration duties within the ISC land administration process under the Indian Act following the same policies, procedures, processes, and guidance used by ISC Regional staff. To undertake these duties effectively and efficiently, the First Nations Land Managers need access to the same information on ISC decisions, guidance, policies, and procedures that Regional ISC land officers have.

The ISC Land Management Manual (LMM) provides the basic technical land management information, policies, and procedures required to manage reserve lands. The current version of the LMM was issued in 2002 and this is the version available on the NALMA website for use by First Nation Land Managers. The Lands Policy Unit within Lands and Environmental Management Branch (LEMB) has been working on the modernization of the LMM for the last seven years. As part of this, updated chapters undergo review by ISC regional staff, the Department of Justice, NALMA, and the Lands Steering Committee^{Footnote 3}. It was noted that this extended timeline for LMM modernization is partially due to the time required to update/develop individual land management policies and procedures, which can take 8-12 months to complete. It was also noted that resourcing challenges, such as lack of staff with sufficient expertise as well as competing priorities, have also resulted in delays to the modernization of the LMM.

Once chapters of the LMM have been updated, reviewed, and approved by the Assistant Deputy Minister of Lands and Economic Development, they are shared with the Department of Justice, NALMA, and ISC regional offices. However, some regional staff noted during interviews that they do not have clarity about whether they can share ISC documentation such as updated LMM chapters with First Nations under RLEMP.

The audit examined the distribution instructions provided for the May 2023 release of the updated chapter of the LMM on leases and permits to understand how First Nations would receive access to the updated chapter and related material. Precedents (lease and permit templates) where provided to NALMA and Department of Justice to be shared with colleagues. In August 2023, NALMA posted the updated lease and permit templates on its website but not the updated chapter. Regions were instructed to share the information internally with lands staff through links to the ISC document management system. The communication material from the Lands Policy Unit to the ISC regional offices did not provide clear instructions and/or procedures for ISC regional staff to follow in order to share updated LMM chapters with First Nations.

The Lands Policy Unit noted that there are ongoing discussions with the Communications Unit to post updated chapters on the departmental website for public access, and currently, members of the public can request copies of updated chapters through NALMA, the Department of Justice, or ISC. While the LMM is an important tool for ISC and First Nations who manage land under the Indian Act, and while the LMM may be undergoing continuous updates to reflect changing contexts and environments, there is an opportunity to improve how updated LMM chapters and related land management materials are shared with First Nations in a more consistent manner to ensure they are provided with the tools and guidance necessary to performance land administration and management activities effectively and efficiently.

Another reference tool that ISC Regional land officers and First Nation RLEMP Land Managers use to guide them in executing their reserve land management responsibilities related to RLEMP is the Reserve Land and Environment Management Manual, which is available on the NALMA website for use by First Nation Land Managers. The manual provides information on key RLEMP functions, roles and responsibilities, and details on the funding formula. An RLEMP toolkit has also been designed to accompany this manual, complete with checklists, specific guidelines, and templates to assist First Nations in assuming land management responsibilities under the program. However, this manual has not been updated since 2011, even though some First Nations and ISC regions personnel have sought further clarity on its contents. It was noted that the RLEMP Manual has not since been updated as no substantial changes or updates have been made to the program since the 2011 issue of the manual that would require it to be updated.

The RLEMP and Land Management manuals being outdated may result in some First Nations not having access to the proper support or reference materials to build land management capacity. In addition, some First Nations or ISC personnel may use information from these manuals which is no longer applicable, which may result in improper land management decisions and practices.

Overall, while updates are being made to land management reference resources, communicating the dynamic information found in these reference documents to First Nation Land Managers may not be occurring in a consistent manner. This largely stems from the lack of a clear process to provide updated resources to RLEMP First Nations as they are released internally.

Sharing of Best Practices and Lessons Learned

A variety of forums were identified where best practices and lessons learned can be shared amongst First Nations, ISC, and service delivery partners for capacity building initiatives to promote ongoing improvement and innovation. For example:

• Links to Learning events, co-hosted by NALMA, CANDO, and First Nations Land Management Resource Centre (FNLMRC), enable knowledge and information sharing amongst First Nations. It is one of the primary events where ISC Regions work directly with CANDO, FNLMRC, and NALMA to deliver workshops on land management, economic development and the services that ISC delivers. Recordings of past presentations at Links to Learning events can be found on CANDO’s website.
• The NALMA National Gathering is used to promote best practices and provide relevant information and training to First Nations relating to all areas of land management. Eleven National Gatherings were held from 2001-2018, and the 12th National Forum that was held in Winnipeg on September 26-28, 2023.
• Toolkits, manuals, webinars, and training materials documenting best practices in land management capacity building are also shared at events and posted on NALMA’s website.
• Through NALMA’s member RLAs, the perspectives of First Nation Land Managers from across all regions of Canada are shared nationally to contribute to best practices and lessons learned collected on land management capacity building resources and supports.

Partnerships

The FNLMRC and the Lands Advisory Board (LAB) are ISC’s main partners in the delivery, administration, and support of the FNLM initiative. The FNLMRC provides training, technical support, and networking opportunities to First Nations at both stages of the FNLM initiative. The LAB provides strategic direction to the FNLMRC, proposes legislative changes to the FA and federal legislation as directed by the signatory Councils, and advocates for and negotiates funding with the Government of Canada on behalf of the First Nations signatory communities. The partnership that ISC has formed with the FNLMRC and the LAB has ensured that First Nations who are interested in assuming land management responsibilities or who have already assumed land management responsibilities under FNLM are provided with capacity building support that meets their unique needs and priorities.

Capacity Building Process and Ongoing Support

The FNLMRC offers an initial assessment to incoming First Nations under FNLM. This assessment focuses on identifying what key elements need development for the First Nations and supports available to the First Nations to develop in these areas.

A FNLMRC Land Code Governance Advisor is assigned to each FNLM community as they enter FNLM. These Advisors maintain ongoing contact and assist communities with issues including accessing capacity development supports that meet their needs and priorities. The Advisor relationship continues even after the First Nation has reached the operational phase of FNLM.

The FNLMRC offers a range of capacity development supports to both Developmental and Operational First Nations in FNLM, including:

• Professional development training through courses and conferences to address emerging, and ongoing training topics;
• Networking opportunities among Land Managers working for First Nations in FNLM;
• One-on-one training with FNLMRC trainers; and
• Access to specialists at FNLMRC on land codes, land use planning, environment, enforcement, and surveys.

In addition, courses, conferences, and networking opportunities through NALMA (see 3.1 RLEMP) are also available to FNLM First Nations and their Land Managers who are NALMA members.

As FNLM transfers the jurisdiction for land management to First Nations, ISC no longer has day to day contact on land management issues or a role in determining the needs and priorities of First Nations to undertake land management. In addition to the supports identified above, the FNLMRC and its Land Code Governance Advisors remains the key sources through which Operational First Nations can seek ongoing support should they require it. There are also several mechanisms, described further below in this section, through which Operational First Nations in FNLM can provide feedback and identify changing needs and priorities. Operational First Nations in FNLM are provided with ongoing funding to support their overall land management activities which they can use to ensure they have the capacity that they may require.

Some First Nations currently under FNLM were previously operating under the RLEMP. Aspects of the land management capacity they developed under RLEMP (see Section 3.1 above) could also be applied under FNLM. Of the 160 First Nations who were actively operational or developmental in FNLM as of May 30, 2023, 70 (43.75%) of them had previously built land management capacity under RLEMP. Of these 70, 57 are now in the operational phase, and 13 are in the developmental phase of FNLM. First Nations can continue receiving funding under RLEMP until they reach the operational stage of FNLM.

Text alternative for Figure 2: Overview of the proportion of First Nation in FNLM

This figure provides an overview of the proportion of First Nations in FNLM who transitioned from RLEMP. Of the total 160 First Nations in FNLM, 70 previously participated in RLEMP and 90 did not.

Process to Obtain and Incorporate Feedback from First Nations

The FNLMRC is responsible for responding to First Nations’ needs as they come, regardless of what phase of FNLM they are in (developmental or operational). To ensure support resources remain relevant and effective, feedback on FNLM training, resources, and support services collected from First Nations by the FNLMRC and LAB which is then incorporated into the capacity building process. The many points of interaction between FNLMRC and LAB with individual First Nations to obtain feedback on capacity building supports are described below:

• LAB, which is made up of elected Directors that represent First Nations in FNLM, provides strategic direction to the FNLMRC regarding the technical and professional management supports provided to First Nations.
  • As a result, First Nations feedback on land management capacity building resources and supports is collected and implemented into FNLM-related supports.
• FNLMRC work with First Nations during the interest, development, and operational phases of the FA.
  • This is achieved by having a total of 20 Land Code Governance Advisors across the country who act as a first point of contact for First Nations interested in becoming a signatory of the FA or who are already a signatory.
• Input of individual FNLM signatory First Nations is considered when developing training and conference agendas.
  • FNLMRC conducts surveys at the conclusion of all workshops that are provided to First Nations in order to collect information about topics that First Nations would like to see more training and support in.
  • FNLMRC staff provide input based on the issues brought to them by First Nations.

The audit determined that feedback from First Nations is obtained and incorporated in the capacity building process by the FNLMRC and LAB through the activities described above.

Adaptability and Responsiveness of Capacity Building Support Activities

FNLMRC has a Training, Mentoring, and Professional Development (TMPD) group, which develops a TMPD strategy. This group serves a variety of functions to ensure FNLM capacity development supports and resources are aligned with the evolving needs and priorities of First Nations. As part of this, TMPD develops a workplan for training activities provided to FNLM First Nations, which is informed by feedback and training requests received directly from First Nations. In addition, interviews noted that TMPD provides a targeted capacity building function, whereby they will provide one-on-one capacity development with individual First Nations and land managers to meet their specific land management capacity needs.

All capacity building supports and resources can be easily adapted to address emerging issues or to provide more in-depth support. Many of these resources are also available on the FNLMRC website online to allow First Nations to be able to access the information when they need it. When in-person events were not possible due to COVID restrictions, ongoing interactions and learning events were provided online.

Although ISC does not have a direct role in ensuring that the capacity building process for FNLM First Nations aligns with their evolving needs and priorities ISC has supported the FNLMRC and its TMPD group through funding to carry out training, resources, and support services and ensure they are responsive to the needs of First Nations.

Reviewing and Updating the Capacity Building Support Activities

ISC HQ and FNLMRC meet twice monthly through Operational calls, and ISC HQ and ISC Regions meet monthly through National calls to raise challenges and issues experienced by First Nations. These interactions can be used to identify and discuss possible changes to capacity building support activities.

ISC and FNLMRC enter into a formal three-year Funding Agreement and FNLMRC prepares an accompanying three-year work plan outlining the activities that will be performed during the agreed-upon period. Additional supports can be identified and added to the agreement as needed. As these proposals are submitted every three years, it provides a regular opportunity for FNLMRC to propose any potential changes to the capacity building process.

The mechanisms noted above allow for FNLMRC, with ISC’s support, to regularly review and update capacity building support activities to meet the needs and priorities of First Nations.

Sharing Best Practices and Lessons Learned

While each First Nation in FNLM has the latitude to develop their own land code and to undertake land management in their own way, LAB and FNLMRC are very intentional in providing resources and bringing First Nations together to learn from each other. This includes:

• FNLMRC and LAB holding events that bring FNLM First Nations together to facilitate networking amongst Land Managers governing land under land code authority;
• Extensive collection and posting of resources (documents, videos, etc.) on the FNLMRC website; and
• LAB and FNLMRC members and staff working directly with First Nations at all stages of FNLM.

Development of Land Use Plans

Through the LUPI, a process has been developed for ISC to support land use planning by First Nations. Funding support is provided through NALMA and FNLMRC for Land Use Plan (LUP) activities in a way that allows both Indian Act and FA Signatory First Nations to lead a community-informed LUP development process.

In addition to funding to individual First Nation to support LUP activities, the LUPI provides a variety of supports and resources to First Nations to help them develop community-led LUPs. These include:

• Land use planning training materials and toolkits are provided to First Nations by FNLMRC and NALMA. The training materials and toolkits identify key considerations for First Nations in the process of developing LUPs;
• The LUPI provides funding to NALMA and FNLMRC to hire land use planning specialists to assist First Nations through the land use planning process. As a result, NALMA and FNLMRC are able to provide a variety of LUP training and professional development sessions with First Nation and industry organizations;
• A variety of other LUP promotional materials and training resources are made available through NALMA’s and FNLMRC’s websites; and
• The ISC regional offices have made a variety of LUP supports available to First Nations. This includes offering LUP related training materials, including LUP handbooks and toolkits. The level of supports made available to First Nations varies between the regions, with some regions having developed more formalized training materials than others.

NALMA provides support to First Nations by training land management staff on LUP as one of the five key functions of RLEMP through the PLMCP.

ISC’s Departmental Results Framework includes a Departmental Result of "Land and resources in Indigenous communities are sustainably managed" and an associated indicator of "% of First Nations with community-led Land Use Plans". For fiscal year 2022-23, the target was 28.5% of First Nations with community-led Land Use Plans (target percentage based on "out of 632"). As of June 5, 2023, 166 First Nations across Canada had established a Land Use Plan, representing 26.1% of First Nations having community-led Land Use Plans.

Since 2018 when funding was provided to the LUPI ($22.5M), 82 First Nations have been funded to develop community Land Use Plans^{Footnote 4}, including 12 funded in 2018-19, 20 funded in 2019-20, 12 funded in 2020-21, 30 funded in 2021-22, and 8 funded in 2022-23.

Text alternative for Figure 3: Overview of the annual number of First Nations funded under LUPI

This figure provides an overview of the annual number of First Nations funded under LUPI for the fiscal years 2018/19 to 2022/23. Since 2018 when funding was provided to the LUPI ($22.5M), 82 First Nations have been funded to develop community Land Use Plans, including 12 funded in 2018-19, 20 funded in 2019-20, 12 funded in 2020-21, 30 funded in 2021-22, and 8 funded in 2022-23.

Of these 82 First Nations that have been funded, 20 of them have completed development of their LUP, with 15 complete through FNLMRC and 5 complete through NALMA. As such, the LUPI is responsible for the creation of 12% of all First Nation LUPs in Canada. The remaining 62 First Nations are in the process of developing or updating their LUPs. The results are summarized in the graph below. These results show that the LUPI has contributed to the department’s target of 28.5% of First Nations having developed community-led Land Use Plans, and that the program will continue to contribute towards this target in future years as LUPs that are currently still in development under the LUPI are completed.

Text alternative for Figure 4: Overview of the distribution of LUPI First Nations by LUP completion status

This figure provides an overview of the distribution of LUPI First Nations by LUP completion status as well as whether they were funded through NALMA or FNLMRC. Of the 82 First Nations that have been funded under the LUPI since 2018, 20 of them have completed development of their LUP, with 15 complete through FNLMRC and 5 complete through NALMA. Of the remaining 62 First Nations that are still developing their LUPs, 11 of these First Nations are being supported by NALMA, 49 are being supported by FNLMRC, and the 2 remaining First Nations are considered inactive.

The audit also noted that the LUPI has been granted an additional $47M over five years starting in 2023-24 to support the following areas:

• The development of new land use plans;
• Land use planning and survey training;
• Additional Full-Time Equivalents (FTEs) for NALMA and FNLMRC to develop LUP Hubs to provide dedicated support to First Nations; and
• The implementation of land use plans.

A LUP Working Group has been established to determine details of how this new funding will be allocated, including prioritization methodologies and costing standards for updates and implementation of land use plans.

Overall, it was found that an effective and comprehensive process has been established for ISC to assist and support land use planning activities of First Nations who have not yet taken over responsibility of their land. In addition, this process is made accessible to FA Signatory First Nations to support land use planning activities in communities operating under FNLM as well.

Integration of Land Use Plans into ISC Decision Making

LUPs were identified as being advantageous for First Nations when considered as part of decision making for land management and administration activities. This includes land management activities that are supported by ISC for Indian Act First Nations, as well as those which are supported by ISC’s various funding programs. For example:

• When an Indian Act First Nation is seeking a land designation (i.e., identifying an area of land for a certain use/purpose and for a certain period), if an LUP has already been developed, it will often be aligned with the designation vote’s planned activities. Because LUPs are based off First Nation community priorities, the First Nation is less likely to experience challenges in the land designation vote, and the LUP can be used as a further demonstration of community support for a designation project when seeking final approval from ISC.
• Existence of LUPs allows for greater planning and coordination of economic development activities receiving funding by ISC as it defines the priorities and operational context of the First Nation. This supports foundational components of economic development opportunities (e.g. required land designations) are complete and do not cause any potential delays in realizing the opportunity.
• LUPs contain some specific information for a community related to natural disaster scenario planning. This can be leveraged to inform sustainable planning of key infrastructure developments to reduce their vulnerability to natural disasters. As a result, the ISC Infrastructure Branch encourages First Nations to create a LUP to better prepare them for unexpected natural disaster events.

Although LUPs provide an opportunity for ISC to improve the decision-making process by better aligning with First Nations’ priorities and available departmental resources, not all applicable First Nations have developed a LUP. Additionally, the LUPI does not require that developed LUPs be shared with ISC. Continued funding for the development and updating of LUPs is crucial for the strategic planning of First Nations. It is important for ISC to consider these plans, when available, in its decision-making, including decisions regarding environmental and infrastructure resource allocation.

Oversight and Monitoring

There are a number of oversight and monitoring mechanisms in place that ISC uses to track:

• the delivery of First Nation-led initiatives and capacity building through Indigenous partners as well as monitoring the progress of First Nations meeting capacity requirements; and
• the level of capacity within First Nations when preparing to move to an operational stage and/or once they move into an operational stage (applicable to RLEMP only).

The following section identifies and describes these oversight and monitoring mechanisms, organized by RLEMP, FNLM, and LUPI.

RLEMP

FNLM

LUPI

Risk Reporting Mechanisms

While there are no formal risk reporting mechanisms in place for the land management capacity building supports available through ISC (and by extension, their service delivery partners), there are a number of mechanisms in place where risk conversations can be held and risks/challenges/opportunities for improvement can be discussed. This includes:

• The Lands Steering Committee, which includes representation from ISC HQ DGs, ISC Regional Directors, and NALMA, meets every six to eight weeks and is responsible for providing direction on emerging lands policy, operational, or regulatory issues;
• Monthly operational calls between ISC and NALMA;
• Bi-weekly operational calls between ISC, CIRNAC, and FNLMRC;
• Monthly national calls between ISC HQ and Regions.

Regular reporting from NALMA and FNLMRC to ISC also provides insight surrounding significant events or risks that could affect the program and/or First Nations, although there is no documentation to formally report on risks.

While there may not be formal risk reporting mechanisms in place, the audit has determined that there is an adequate understanding of risk amongst key stakeholders (e.g., understanding within ISC of the lack of funding available for RLEMP First Nations) and actions are being taken to address identified challenges ( e.g.,additional budget requests).