MULTI-YEAR STRATEGIC BUSINESS PLAN

Transcription

1 LAB and FNLMRC Strategic Business Plan JUNE 2018 MARCH 2023 MULTI-YEAR STRATEGIC BUSINESS PLAN FIRST NATIONS LANDS ADVISORY BOARD AND FIRST NATIONS LAND MANAGEMENT RESOURCE CENTRE INC. This update: June, 2018

2 LAB and FNLMRC Strategic Business Plan ii. FOREWORD The Strategic Business Plan is a living document, which is updated from time to time by the First Nations Lands Advisory Board (LAB) and the First Nations Land Management Resource Centre (Resource Centre) to maintain direction and momentum Historic Beginning in 1996 The Framework Agreement on First Nation Land Management [Framework Agreement] is a historic arrangement that was signed by 14 First Nations and Canada in First Nations, had jurisdiction over their lands since time immemorial, long before the Indian Act was imposed without consent. The momentum behind the Framework Agreement is a desire to shed the colonial relationship with Canada and the one size fits all governance over reserve lands and natural resources. It seeks instead, to replace 33 provisions of the Indian Act with First Nation designed and ratified Land Codes. The Framework Agreement implementation for the first 3 communities (Chippewas of Georgina Island, the Mississaugas of Scugog Island First Nation, and Muskoday First Nation) in Canada officially started on day one of the new millennium --January 1, Additional Signatories Although the Framework Agreement was initially intended only for the original 14 First Nation signatories, other First Nations began passing resolutions seeking the same opportunity to opt out of a 25% of the Indian Act. By March 2001 there were 21 First Nations on a waiting list. It was clear that both the LAB and Canada shared the same inclination that the Framework Agreement be amended so that more First Nations could have the same opportunity to resume jurisdiction over their reserve lands and natural resources. The LAB and original signatories intended that the inherent right to resume jurisdiction over reserve lands and natural resources should be an option for all First Nations. Hence, Canada and the LAB began to facilitate new signatories to the Framework Agreement: 21 First Nations in 2003; 23 First Nations in 2008, from a waiting list of 68 interested First Nations; 26 First Nations in 2013, from a waiting list that had expanded to 83 interested First Nations; 28 First Nations in 2015, from a waiting list of 47 interested First Nations; 6 First Nations in 2015, and 10 First Nations in 2016, from a waiting list of 66 interested First Nations. 1 The initial draft of the strategic business plan was the first comprehensive update since June, This draft reflects the directions established by the LAB in March, 2015, which were confirmed by the operational First Nations at the LAB AGM in November, 2015, and further revised in November, 2016 and September, The details for implementation of these directions, as suggested for internal discussion in this draft plan, are subject to detailed review and amendment by the LAB, with the advice and support of the RC.

3 LAB and FNLMRC Strategic Business Plan iii. 21 First nations in 2017 and a waiting list of 57 First Nations; and 5 First Nation in 2017 and a waiting list of 54 First Nations As a result, the number of Framework Agreement signatories has grown from the original 14 First Nations in 1996 to the current 154 as of October, Three of these signatories Westbank First Nation, Tsawwassen First Nation and Sliammon First Nation in British Columbia ratified their Land Codes then progressed to full self-government and treaty respectively. There continues to be significant demand by other First Nations to become signatory to the Framework Agreement. 3. Partnership with Canada The Framework Agreement has been a partnership initiative of signatory First Nations, the LAB and Canada for over twenty-years. The LAB first engaged Canada in 1990 on discussions for First Nations to reclaim jurisdiction over their reserve lands and natural resources. The Framework Agreement was first signed in 1996, Canada then enacted the First Nations Land Management Act ( FNLMA) which ratified the Framework Agreement in Through subsequent amendments to enhance the implementation of the Framework Agreement, the LAB and Canada have found that success depends upon maintaining a dynamic intergovernmental partnership based on mutual respect for jurisdiction and responsibility. The LAB s partnership with a succession of federal ministers and their senior officials was and continues to be dedicated to assisting First Nations achieve their vision of self governance. The success of the Framework Agreement would not be possible without ongoing financial and policy support by Canada. 4. LAB and Resource Centre (RC) Strategic Plan and Multi-Year Funding In order to fulfil its responsibilities under the Framework Agreement to all First Nation signatories and Canada, the LAB and RC undertook substantial research, analysis and planning to develop a Strategic Business Plan for the fiscal period April 1, 2014 to March 31, Implementation of the initial Plan has assisted the signatories across Canada to resume exercising jurisdiction over their reserve lands and natural resources, thereby laying the foundation for successful economic development, jobs and financial opportunities. This update and extension of the Strategic Business Plan to 2023 provides a road-map for continuing progress.

4 LAB and FNLMRC Strategic Business Plan iv. EXECUTIVE SUMMARY 1. Scope of the Strategic Business Plan The LAB and Resource Centre Strategic Business Plan: Summarizes the parameters within which these two inter-related organizations operate: Mission, Mandate and Goals to March 31, 2023; Outlines the elements of the Business Strategy; Articulates the approach to implementing the Business Strategy through the Resource Centre Organizational Structure; Summarizes the Management Control and Accountability Structure, which includes the Emergency / Business Continuity Plan; Identifies the Workload Drivers which need to be accommodated through the Strategic Business Plan and corresponding Work Plan; Summarizes the Strategic Situation Analysis through which Strategic Risks and Strategic Priorities have been identified; Identifies the primary Strategic and Risk Mitigation Initiatives to be pursued; and Provides the context for defining high level Targets and Milestones for implementation of the Strategic and Risk Mitigation Initiatives over the planning period June 2018 to March LAB Mission Statement The responsibilities of the LAB are prescribed by the Framework Agreement and ratified by the FNLMA. The LAB mission statement can be summarized as -- First Nations working together to resume jurisdiction over reserve lands, environment and natural resources. The LAB mandate includes but is not limited to: Policy and planning at the political level; Intergovernmental relations/meetings with Canada, Parliament, provincial, regional and municipal governments, financial institutions, etc., to implement the spirit, intent and meaning of the Framework Agreement;

5 LAB and FNLMRC Strategic Business Plan v. When requested, attendance at conferences and other public gatherings directly relevant to the promotion and awareness of the Framework Agreement When requested by a First Nation, attending community meetings and/or providing high level political and strategic advice to Chiefs and Councils in the developmental phase and those operating under a ratified land code When requested, providing advice to First Nations seeking entry into the Framework Agreement; and Political advocacy with signatory First Nations related to the fulfillment of FA responsibilities such as the negotiation of operational funding and FA/FNLMA amendments. 3. Resource Centre Mission Statement The LAB established the Resource Centre to discharge the LAB s technical responsibilities under the Framework Agreement, one of which is to arrange the terms of comprehensive funding arrangements with CIRNA. The Resource Centre mission statement can be summarized as -- Supporting First Nations to exercise their Inherent Right to govern their Lands, Environment and Resources. The roles of the LAB and the Resource Centre are inextricably linked. The Resource Centre roles include but are not limited to: Policy, planning and administration at the technical level; Intergovernmental relations with federal, provincial, regional and municipal government organizations to implement the technical aspects of the Framework Agreement Support to operational First Nations implementing their Community Land Code, including the transitional period that ranges from several months to several years after opting out of the Indian Act. Areas of advice and support can include capacity building, legal, environmental, enforcement, land use planning, communications, law creation as well as best practices Funding and Field Support to First Nations in achieving Implementation Document (ID) milestones, including, among other activities, developing the Land Code, assisting with communications, completing ESA Phase I, Boundary Description Reports, Individual Agreement finalization and the ratification vote Technical advice to First Nations seeking to become new signatories to the Framework Agreement.

6 LAB and FNLMRC Strategic Business Plan vi. 4. Framework Agreement Implementation Goal to 2023 All of the current signatories in the First Nations Community ratification process will have the opportunity to complete the Community vote process. If they ratify their Land Codes and Individual Agreements with Canada, the number of operational First Nations will increase accordingly, significantly augmenting the Resource Centre s operational community support function. The anticipated adherence of additional First Nations to the Framework Agreement over the next several years is expected to increase the demand for Resource Centre services; a key operational goal is to enhance the RC capacity to serve additional First Nations on a sustainable basis. 5. Key Elements of the LAB s Business Strategy to 2023 Key elements of the LAB s business strategy include: Continuing to partner with Canada for the benefit of First Nations resuming jurisdiction over their reserve lands, environment and natural resources; Strengthening the capacity of the Resource Centre to ensure that the LAB fulfills its technical responsibilities to all Framework Agreement signatories; Partnering with Canada to continue to accommodate additional First Nation signatories to the Framework Agreement; Continuing to build and disseminate a Common Body of Knowledge for efficient and effective land governance; Maintaining adaptability and flexibility in responding to the support requests from all signatory First Nations; and Supporting amendments to the Framework Agreement and FNLMA that reflect the needs of the growing number of signatory communities. Other changes include adjusting Verifier roles, streamlining voting procedures, making sure vote thresholds are fair and consistent, clarifying environmental management and enforcement authorities of operational First Nations and removing other ineffective and/or outdated provisions. 6. Resource Centre Structure The Resource Centre continues to adapt its organization structure and operating processes to: Streamline and expand support services provided by Resource Centre staff, in response to the increasing number of signatory First Nations;

7 LAB and FNLMRC Strategic Business Plan vii. Enhance professional standards and conduct of its predominantly Indigenous staff 7. Management Control and Accountability The LAB and Resource Centre management control and accountability frameworks are unique: Accountability to First Nations is through the LAB, which is elected by the operational First Nations on a regional basis; An Emergency/Business Continuity Plan is maintained to ensure continuity of service to First Nations; and, Accountability to First Nations for the effective use of financial resources invested by Canada for implementation of the Framework Agreement. 8. Strategic and Risk Mitigation Initiatives The Strategic Situation Analysis of risk factors and opportunities has identified Strategic and Risk Mitigation Initiatives, which will address the Strategic Priorities and mitigate any significant risks. Strategic and Risk Management Initiatives 1 Update the Framework Agreement and the FNLMA, as appropriate, through amendment The LAB and Resource Centre will continue to advocate for, facilitate and support implementation of the Framework Agreement through effective partnerships with the signatories, at both political and administrative levels. The LAB and Resource Centre will enhance the potential benefits of the Framework Agreement to First Nations and Canada through effective relationships and communication with Parliament, the Government of Canada, other orders of government, other sectors of Canadian society and the general public. The LAB and Resource Centre will assume additional responsibilities (e.g., equitable allocation and administration of land governance and environmental management funding to First Nations), as mandated by the signatory First Nations, to the extent required to maintain the integrity of the Framework Agreement and sustain effective First Nations governance and management of reserve lands and natural resources.

8 LAB and FNLMRC Strategic Business Plan viii. Strategic and Risk Management Initiatives 5 The LAB will advocate for appropriate terms and conditions for the five-year renewal of the federal funding authority for implementation of the Framework Agreement in the context of a government-togovernment relationship that can accommodate an increasing number of First Nations on a sustainable basis (including an appropriate method for funding First Nations). 9. Future Considerations: Further Expansion of the Framework Agreement to Include Additional New Entrants before March 2023 The growing success of Framework Agreement First Nations is continues to stimulate interest from other First Nations. The LAB is committed to working closely with Canada to consider various scenarios and fiscal arrangements for adding 50 more signatories to the Framework Agreement before March First Nations can attain their ultimate goal of self-sufficiency by resuming jurisdiction over their reserve lands and associated natural resources. The LAB will continue to support the principle that every First Nation should have the opportunity provided by the Framework Agreement to consider opting out of the Indian Act and resuming its jurisdiction. As the LAB and Canada decide on the pace of expansion of the Framework Agreement to 2023, the LAB Strategic Business Plan, the Work Plan and the multi-year funding arrangement will need to be periodically re-visited to ensure that the LAB and Resource Centre have the necessary resources to effectively support current and additional First Nations.

9 LAB and FNLMRC Strategic Business Plan TABLE OF CONTENTS Title Page No. FOREWORD... II 1. HISTORIC BEGINNING IN II 2. ADDITIONAL SIGNATORIES... II 3. PARTNERSHIP WITH CANADA... III 4. LAB AND RESOURCE CENTRE (RC) STRATEGIC PLAN AND MULTI-YEAR FUNDING... III EXECUTIVE SUMMARY... IV 1. SCOPE OF THE STRATEGIC BUSINESS PLAN... IV 2. LAB MISSION STATEMENT... IV 3. RESOURCE CENTRE MISSION STATEMENT... V 4. FRAMEWORK AGREEMENT IMPLEMENTATION GOAL TO VI 5. KEY ELEMENTS OF THE LAB S BUSINESS STRATEGY TO VI 6. RESOURCE CENTRE STRUCTURE... VI 7. MANAGEMENT CONTROL AND ACCOUNTABILITY... VII 8. STRATEGIC AND RISK MITIGATION INITIATIVES... VII 9. FUTURE CONSIDERATIONS: FURTHER EXPANSION OF THE FRAMEWORK AGREEMENT TO INCLUDE ADDITIONAL NEW ENTRANTS BEFORE MARCH VIII TABLE OF CONTENTS... I LAB MISSION: FIRST NATIONS WORKING TOGETHER TO RESUME JURISDICTION OVER RESERVE LANDS, ENVIRONMENT AND NATURAL RESOURCES... 1 SIGNIFICANCE OF THE FRAMEWORK AGREEMENT FOR FIRST NATIONS JURISDICTION... 1 RESOURCE CENTRE IS THE TECHNICAL ARM OF THE LAB... 3 LAB AND RESOURCE CENTRE MANDATED ROLES UNDER THE FRAMEWORK AGREEMENT... 3 DESCRIPTIONS OF MANDATED ROLES... 5 A. LAB AND RESOURCE CENTRE POLICY, PLANNING AND ADMINISTRATION... 5 B. INTERGOVERNMENTAL RELATIONS... 5 C. LAB AND RESOURCE CENTRE SUPPORT TO OPERATIONAL FIRST NATIONS IMPLEMENTING THEIR COMMUNITY LAND CODE... 6 TRANSITION TO FIRST NATION LAND AND RESOURCE GOVERNANCE... 6 ONGOING SUPPORT FOR OPERATIONAL FIRST NATIONS... 7 D. LAB AND RESOURCE CENTRE SUPPORT TO FIRST NATIONS IN THE COMMUNITY RATIFICATION PROCESS... 8 E. LAB AND RESOURCE CENTRE SUPPORT TO FIRST NATIONS ON THE WAITING LIST... 9 FRAMEWORK AGREEMENT IMPLEMENTATION GOAL TO TARGETS TO 2023 IN PURSUIT OF ULTIMATE GOALS OF THE FRAMEWORK AGREEMENT ELEMENTS OF THE LAB S BUSINESS STRATEGY CONTINUING TO BUILD AND DISSEMINATE A COMMON BODY OF KNOWLEDGE ORGANIZATION AND STAFFING ORGANIZATION STRATEGY ORGANIZATION STRUCTURE OF THE LAB ORGANIZATION STRUCTURE OF THE RESOURCE CENTRE PERSONNEL PROFILE... 18

10 LAB and FNLMRC Strategic Business Plan THE LAB THE RESOURCE CENTRE MANAGEMENT CONTROL AND ACCOUNTABILITY FRAMEWORK ACCOUNTABILITY TO FIRST NATIONS THROUGH THE LAB ACCOUNTABILITY OF THE RESOURCE CENTRE CONTRACTUAL ACCOUNTABILITY EMERGENCY / BUSINESS CONTINUITY PLANNING ADVANTAGES OF A GEOGRAPHICALLY DISTRIBUTED ORGANIZATION DATA SECURITY AND BUSINESS CONTINUITY WORKLOAD DRIVERS IMPLICATIONS FOR THE AGGREGATE WORKLOAD OF THE LAB AND THE RESOURCE CENTRE RISK ANALYSIS STRATEGIC AND RISK MITIGATION INITIATIVES TARGETS AND MILESTONES ALLOCATION OF ROLES AND RESPONSIBILITIES FOR THE STRATEGIC AGENDA FUTURE CONSIDERATIONS A VISION TO REALIZE THE POTENTIAL OF THE FRAMEWORK AGREEMENT TO APPENDIX A... 1 AUTHORITIES AND REFERENCES... 1 FRAMEWORK AGREEMENT ON FIRST NATION LAND MANAGEMENT... 1 FIRST NATIONS LAND MANAGEMENT ACT... 1 MANDATED ROLE... 1 LAB AND RESOURCE CENTRE ROLES AND RESPONSIBILITIES UNDER THE FRAMEWORK AGREEMENT... 1

11 LAB and FNLMRC Strategic Business Plan LAB MISSION: FIRST NATIONS WORKING TOGETHER TO RESUME JURISDICTION OVER RESERVE LANDS, ENVIRONMENT AND NATURAL RESOURCES Significance of the Framework Agreement for First Nations Jurisdiction In 1998, Steven Cornell and Joseph P. Kalt published their fundamental study on Sovereignty and Nation- Building. In it, they concluded that the evidence is mounting that successful [First Nations], whether in gaming or skiing or timber or manufacturing or some other activity, can make important contributions to local, regional and national economies 2. While the two authors were writing about the indigenous communities in the United States, their findings can easily be extended to the First Nations of Canada. In the study, they identified the achievement of Authority to Govern and the development of Effective Community-based Institutions as essential building blocks for successful indigenous communities, as illustrated in their diagram below. In Canada, the LAB and Resource Centre play key roles in assisting First Nations to resume this authority to govern through the process specified in the Framework Agreement; and in building the effective Community-based institutions required to pursue their unique values and aspirations through jurisdiction over reserve lands and natural resources. Effective First Nations Community Government The Building Blocks of Development Decisions/Action Strategic Direction Practical Power and Authority to Govern Effective Communitybased Institutions LAB supports development and strengthening of community land governance capacity Achieved by transitioning from Indian Act land management through the Framework Agreement Diagram adapted from Cornell & Kalt, Sovereignty and Nationbuilding: The Developmental Challenge in Indian Country Today, American Indian Culture and Research Journal, 22:3, 1998, Stephen Cornell and Joseph P. Kalt. Sovereignty and Nation-Building: The Development Challenge in Indian Country Today. In American Indian Culture and Research Journal. Volume 22. Number 3. pp

12 LAB and FNLMRC Strategic Business Plan Several research studies on the impact of the Framework Agreement on the operational First Nations have identified significant benefits: Immediate improvements upon resuming First Nations control of land governance (KPMG, 2013): Land governance control Level of interest of First Nation members in land management Increased awareness of community issues Improvements in land transactions (KPMG, 2013): Protecting community values for development Protecting community legal interests Lease terms Flexibility Accountability for third parties Across all of the [7] case studies, First Nations identified they are better equipped to make decisions at a local level as a result of their land Code and this has increased Community confidence and readiness to embark on increasingly larger and more innovative projects. These First Nations can cite progress in economic activity, cultural / heritage initiatives and environmental accomplishments. The Framework Agreement and a First Nations Land Code remain a relevant and important piece of their governance framework to facilitate growth, opportunity and sustainability of their communities. (KPMG, 2015) Under the best estimate scenarios for each case study, the Framework Agreement provides a positive net return to Canada of between $270 million and $1.4 billion (depending on the discount rate used), modelled under the anticipated lifetime of the projects considered under the Partial Benefit-Cost Study. The five successful projects alone may generate profits from $270 million to $1.4 billion over and above the entire Framework Agreement costs, plus the costs of building and running these five projects, over their assumed lifetimes. (KPMG, 2016)

13 LAB and FNLMRC Strategic Business Plan The LAB Facilitates the Implementation of the Framework Agreement The responsibilities of the LAB on behalf of all signatory First Nations are prescribed by the Framework Agreement as ratified by the First Nations Land Management Act ( FNLMA ). The attached Appendix A summarizes the relevant Authorities and References. Resource Centre is the Technical Arm of the LAB For technical and administrative purposes, the LAB created a Finance Committee as its Executive Committee charged with day-to-day responsibility for LAB operations. The Finance Committee determined that it would be consistent with its mandate to create a technical corporate arm. In December of 2001, they obtained letters patent from the Minister of Industry for the First Nations Land Management Resource Centre Inc. (Resource Centre), a corporation without share capital pursuant to Part II of the Canada Corporations Act. The purpose of the Resource Centre is to discharge the technical responsibilities of the LAB, a purpose that has since been incorporated into the annual terms of Comprehensive Funding Arrangements with INAC/CIRNA. Under these fiscal arrangements, the Resource Centre receives funding for itself and the LAB thereby serving as the administrative arm of the LAB. LAB and Resource Centre Mandated Roles under the Framework Agreement The mandated roles of the LAB and Resource Centre are inextricably linked. LAB Mission: First Nations working together to resume jurisdiction over reserve lands, environment and natural resources. The LAB mandate includes but is not limited to: Policy and planning at the political level; Intergovernmental relations/meetings with Canada, Parliament, provincial, regional and municipal governments, financial institutions, etc., to implement the spirit, intent and meaning of the Framework Agreement; When requested, attendance at conferences and other public gatherings directly relevant to the promotion and awareness of the Framework Agreement When requested by a First Nation, attending community meetings and/or providing high level political and strategic advice to Chiefs and Councils in the developmental phase and those operating under a ratified land code

14 LAB and FNLMRC Strategic Business Plan When requested, providing advice to First Nations seeking entry into the Framework Agreement; and Political advocacy with signatory First Nations related to the fulfillment of Framework Agreement responsibilities such as the negotiation of operational funding and Framework Agreement/FNLMA amendments. Resource Centre Mission: Strengthening First Nations governance of reserve lands and natural resources is our business. The Resource Centre roles include but are not limited to: Policy, planning and administration at the technical level; Intergovernmental relations with federal, provincial, and municipal departments to implement the technical aspects of the Framework Agreement; Support to operational First Nations implementing their Community Land Code, including the transitional period that ranges from several months to several years after opting out of the Indian Act. Areas of advice and support include capacity building, legal, environmental, enforcement, land use planning, communications, law creation as well as best practices Funding and Field Support to First Nations in achieving Implementation Document (ID) milestones, including developing the Land Code, assisting with communications, completing ESA Phase I, Boundary Description Reports, Individual Agreement finalization and the ratification vote; and Technical advice to First Nations seeking to become new signatories to the Framework Agreement.

15 LAB and FNLMRC Strategic Business Plan Descriptions of Mandated Roles A. LAB AND RESOURCE CENTRE POLICY, PLANNING and ADMINISTRATION The LAB and the Resource Centre are responsible under the Framework Agreement to fulfill key governance, management and administrative functions, including: Policy governance of the LAB, including implementation and periodic amendment of the governance model of the LAB to ensure economical, efficient and effective representation of, and accountability to, the signatories to the Framework Agreement; Analysis and consensus-based development of collective First Nations policy for implementation of the Framework Agreement; and Through its Finance Committee/RC Board of Directors the effective governance, management and administration of the Resource Centre, including fulfilment of the terms and conditions of the funding agreement with Canada. B. INTERGOVERNMENTAL RELATIONS The Framework Agreement provides a role in this regard to the LAB and to the RC (Through discharge of LAB technical functions). Specifically the following Framework Agreement sections: Part I, s.4; Reserves Part II; Opting In Part VI, s. 29,30,31; Developmental Funding, Operational Funding, LAB Funding Part VIII, s g, h, I; Functions of the Lands Advisory Board Part IX; Dispute Resolution Part X, s. 48; Ratification of Agreement Part XI, s.51, 56. First Nations Lands Register, Review Process In addition, section Part VIII, s. 39.j, refer to assistance in discussions with First Nation organizations, private sector institutions, and with provincial governments concerning the exercise of First Nation statutory powers under Parts III, IV, V, and IX of the Framework Agreement. The LAB has a mandate from the First Nations signatories to advocate for the integrity of the Framework Agreement. This entails ongoing stewardship of the opportunity created by the Framework Agreement through vigilance and advocacy to ensure that the opportunity is neither constrained nor subverted through policy and legislation by other orders of government.

16 LAB and FNLMRC Strategic Business Plan The LAB also has an obligation to propose and negotiate amendments to the Framework Agreement, including, adjusting verifier roles, voting procedures and vote thresholds, clarifying environmental management and enforcement authorities of operational First Nations and removing ineffective and/or other outdated provisions. C. LAB and RESOURCE CENTRE SUPPORT TO OPERATIONAL FIRST NATIONS IMPLEMENTING THEIR COMMUNITY LAND CODE The LAB Chair, LAB Directors and the RC Chair and RC Directors are mandated under the Framework Agreement (Part VIII, s.39) to assist operational First Nations in meeting their land governance obligations under their Land Codes. Transition to First Nation Land and Resource Governance The LAB and its Resource Centre are committed to supporting operational First Nations in developing lands, environment and resource governance capacity required to achieve and sustain effective and appropriate self-determination through the lens of the Framework Agreement. The roles of the LAB and RC are to provide sustained high level advice and technical support services at the request of First Nations. The timing and sequence for meeting these obligations are primarly determined by First Nations. Each community is presented with a challenging opportunity that spans many years of transitional activity leading to the full exercise of their land, environment and resource governance powers and associated responsibilities. Once they have ratified their Land Codes and Individual Agreements, First Nations face the challenge of developing a customized land, environment and resource governance system to give effect to their Community values and aspirations. In this regard, First Nations differ from comparable local governments off-reserve which manage lands within the fully-defined, prevailing provincial legislative and governance framework. Operational First Nations have reported that the transitional period can range from several years to beyond a decade. Furthermore, the contemporary resumption of Indigenous land governance frameworks by First Nations following 100 years of imposed Indian Act rule is a complicated and time consuming effort. The process is considered a process of decolonization, First Nation by First Nation. As a part of fulfilling is statutory obligations, the LAB and Resource Centre provide a multitude of crucial support services to operational First Nations as they transition away from the Indian Act. The original First Nation architects of the Framework Agreement intended that there be appropriate political and technical support provided through their own Indigenous service organization, to assist in the exercise of their inherent right to govern their lands, environment and resources.

17 LAB and FNLMRC Strategic Business Plan Accordingly, expert support services are delivered directly to Chiefs and Councils, Land Committees, Lands Governance Directors, staff, advisors and community members. Depending on the nature of the request, be it political or technical, these efforts can often require the participation of both the LAB and Resource Centre and combine advising, mentoring and/or training simultaneously or independently in each case. Ongoing Support for Operational First Nations The LAB and the Resource Centre provide ongoing support to operational First Nations to maintain and strengthen their capacity to govern their reserve lands and resources consistent with the First Nation s values, aspirations and priorities. Some First Nations are primarily focused on protecting their rights and interests in their lands and may emphasize traditional use as well as conservation and preservation values over land development. Other First Nations desire to emphasize commercial, resource and/or industrial development while ensuring appropriate environmental integrity. Each First Nation has its own priorities, unique codified cultural practices, urban/rural locations, land/population quanta, socio economic realities, provincial and regional settings as well as internal capacities. Template approaches, although useful, have not proven to be a highly effective way of fully addressing the spectrum of unique situations. Depending on the priorities of individual First Nations and the nature of their requests, the LAB and the Resource Centre may be called upon to: Provide leadership, mentoring and staff training; Identify, create, update and disseminate best practices; Develop and promote the First Nations land governance brand with economic partners such as financial institutions; Advocate Operational First Nation matters with other governmental and non governmental bodies such as Environment Canada, CMHC, RCMP/other policing authorities, Provincial Attorney Generals and Courts Advise First Nations in progressing through the successive stages of community planning, law creation and other Land Code implementation specific proceedings; and Facilitate recovery from set-backs (such as unanticipated loss of key staff or assistance with outstanding Indian Act related matters) as well as to develop suggested corrective strategies. The Resource Centre is the primary means through which the operational First Nations collaborate in developing their capacity for governance of reserve lands and natural resources through, for example, formulation and dissemination of staff training. Conducting workshops, training, mentoring, developing online courses/curricula and drafting model policies and laws, are thus included as part of the Resource centre s activities.

18 LAB and FNLMRC Strategic Business Plan D. LAB and RESOURCE CENTRE SUPPORT TO FIRST NATIONS IN THE COMMUNITY RATIFICATION PROCESS Parts I and II of the Framework Agreement identify the process that each signatory First Nation must follow in order to complete the Community ratification process and vote. The process and vote require a number of activities by the First Nations, the LAB Chair and Directors, the Resource Centre Chair and Directors, the Resource Centre staff and CIRNA. The LAB and Resource Centre support can include multiday on-site meetings and workshops with Chiefs and Councils, Land Committees, Land Code Coordinators, advisors and community members. Meetings and workshops may require the participation of both the LAB and the Resource Centre. Part II, s.8 and Part IX, s.44 of the Framework Agreement identify the role of a neutral Verifier to monitor the opting in process. Although, the Framework Agreement and hence the LAB and the Resource Centre were structured to facilitate and support the land and resource governance efforts of the original 14 signatory First Nations, ongoing goals of the LAB and RC are: To support all First Nations in their efforts to become self sufficient in Lands and Resources governance through the Framework Agreement. To promote awareness to all First Nations regarding the opportunity to resume the exercise of their inherent right to govern their reserve lands and resources through the Framework Agreement; and To ensure that this opportunity will be extended to those First Nations which want to become signatories to the Framework Agreement. The LAB and RC do provide awareness, outreach and informational publications on the Framework Agreement and available services. The LAB and RC also respond to First Nations requests for information about the Framework Agreement; and conveys those First Nations requests to join the Framework Agreement to Canada. Accordingly, the LAB, with its Resource Centre have worked in partnership with Canada to support and facilitate several phases of expansion to extend the opportunity to additional First Nations which have expressed a desire to become a signatory to the Framework Agreement. The LAB and Canada have welcomed new signatories and have actively supported them to expedite the community ratification process of their Land Codes and Individual Agreements. This constitutes an ongoing, increasing and significant addition to the workload of the LAB and the Resource Centre.

19 LAB and FNLMRC Strategic Business Plan E. LAB and RESOURCE CENTRE SUPPORT TO FIRST NATIONS ON THE WAITING LIST Part VIII, s of the Framework Agreement identifies the process for adding new First Nations. First Nations wishing to become signatories to the Framework Agreement are required to submit a resolution to the LAB Chair indicating their interest. The next step is to complete a Land Governance Community Profile Form (LGCPF) to both the RC and CIRNA. While completing the resolution and the LGCPF, the First Nations seek information and assistance from the LAB and Resource Centre. This information and assistance can include meetings with Chiefs and Councils, their staff, advisors, Elders and community members. Meetings may require the participation of both the LAB and the Resource Centre. The LAB and Resource Centre also forward information to, and talk with, tribal councils and other groupings of First Nations to discuss the possibility signing on to the Framework Agreement as a grouped entity within developmental and / or operational arrangements.

20 LAB and FNLMRC Strategic Business Plan FRAMEWORK AGREEMENT IMPLEMENTATION GOAL TO 2023 Targets to 2023 in Pursuit of Ultimate Goals of the Framework Agreement Ultimate Goals Targets to March 31, 2023 All First Nations will know about the opportunity to resume the exercise of their inherent right to govern their reserve lands and resources through the Framework Agreement: All First Nations will be able to access the opportunity, through the Framework Agreement, to choose to resume the exercise of their inherent right to govern their reserve lands and resources. Universal awareness of the opportunity presented by the Framework Agreement among First Nations in Canada. The Framework Agreement (and the FNLMA) will be updated, as appropriate, to expedite the opportunity for First Nations to resume exercising their inherent right to govern reserve lands and natural resources. The LAB will advocate in support of First Nations wishing to join the Framework Agreement. 50 additional First Nation signatories to the Framework Agreement are expected to complete the ID process and hold ratification votes. Each participating First Nation Community will decide how to govern its reserve lands and natural resources: First Nations signatories to the Framework Agreement will be able to develop and vote on a unique Land Code and Individual Agreement which reflect their Community s values, priorities and circumstances by engaging their members in a thorough and timely First Nations Community ratification process. The LAB and RC will facilitate Community engagement supported by timely access to the accurate information required to ensure informed Community decision making. Adequate resourcing to developmental First Nations for their Community ratification processes. 50 additional First Nation signatories to the Framework Agreement are expected to complete the Implementation Document milestones.

21 LAB and FNLMRC Strategic Business Plan Ultimate Goals Targets to March 31, 2023 Each First Nation will have the capacity to govern its reserve lands and resources effectively: An orderly transition to First Nations governance of reserve lands and natural resources from the Indian Act with adequate funding by Canada. Each operational First Nation will have the staff, support and funding required to govern its reserve lands and resources according to its Land Code consistent with its Community-based goals and values. Effective land and resource governance will become a cornerstone of First Nation Community development: Local and appropriate First Nations governance of their lands and resources will foster and support all aspects of Community development as well as protection of First Nation rights and interests in their lands and resources. First Nations will have access to the capacity resources required to govern their reserve lands including funding for the post-ratification transition, operational land governance and environmental management. Community-based First Nations institutions will develop and maintain the capacity for effective governance of reserve lands and resources. The land laws, policy, and jurisprudence of operational First Nations will facilitate First Nations control over their reserve lands and resources. Each First Nation s unique reserve land and resource governance and management regime will be comprehensive, including all the required elements. First Nations governance of their reserve lands and resources will result in an increase in wealth creation for First Nations as reflected in an increase in the value of reserve lands freed from the encumbrances of the Indian Act. Lower transaction costs will increase confidence of finance and other 3 rd parties and result in the ability to make decisions at the speed of business.

22 LAB and FNLMRC Strategic Business Plan Ultimate Goals Targets to March 31, 2023 Government-to-government relationships will strengthen Canada: First Nations will maintain effective intergovernmental relationships with other jurisdictions with respect to governance of land and resources. The LAB will advocate for, facilitate and support implementation of the Framework Agreement in the context of a government-to government relationship between the signatory First Nations and Canada. The LAB will assume additional responsibilities (e.g., management of developmental, surveys, operational and transitional funding), as mandated by the signatory First Nations, to maintain the integrity of the Framework Agreement. Canada and First Nations will fulfill their respective commitments pursuant to the Framework Agreement and Individual Agreements. Federal and provincial legislation, policy (e.g., federal funding policy) and jurisprudence will be consistent with requirements for First Nations governance and development of reserve lands and resources.

23 LAB and FNLMRC Strategic Business Plan ELEMENTS OF THE LAB S BUSINESS STRATEGY Key elements of the LAB s business strategy, which have already been addressed in the Strategic Business Plan, are: Continuing to partner with Canada for the benefit of First Nations resuming jurisdiction over their reserve lands and natural resources; Strengthening the capacity of the Resource Centre to ensure that the LAB fulfills its technical responsibilities to all Framework Agreement signatories; Adding 50 new entrants to the Framework Agreement over the next 5 years; and Undertaking, in conjunction with operational signatories, amendments to the Framework Agreement and FNLMA for negotiation with Canada. Other elements of the LAB business strategy include: Continuing to build and disseminate a Common Body of Knowledge for efficient and effective land governance; and Maintaining adaptability and flexibility in responding to the support requests from all signatory First Nations. Continuing to Build and Disseminate a Common Body of Knowledge Training, mentoring, professional development and Readiness for the implementation of a Land Code and the subsequent managing of reserve lands and resources presents a unique challenge: The Framework Agreement offers flexibility in the exercise of land governance and legal compliance by First Nations Land codes and laws can differ greatly depending on a community s priorities, culture, practices and overall vision Implementation of a Land Code requires the active and informed participation of a Chief and Council, Land Governance Director with staff, lands governance committees, expert advice and community members No academic institution currently offers experience based study on practical and relevant Framework Agreement implementation; and Indian Act focused training such as that offered by various other bodies for First Nations is the antithesis to Indigenous self government envisioned by the Framework Agreement

24 LAB and FNLMRC Strategic Business Plan The Framework Agreement was developed to be flexible and tailored to the varying needs and unique circumstances of First Nations across Canada. Advancing a single model of reserve lands and resource governance across First Nations is inconsistent with the principles of each First Nations expression of the inherent right to self-government. Nevertheless, the Framework Agreement was intended to be a collective experience, where First Nations could learn and seek assistance from one another. The LAB and RC are invested in ensuring that individual First Nations can derive maximum benefit from the experience of other First Nations, both through the Implementation Document, knowledge sharing efforts and especially through the transition to full and effective exercise of governance of reserve lands and resources. For example, the Resource Centre has undertaken the development of model land laws and other documents which First Nations can use as points of reference in further developing elements of their systems. The Resource Centre also maintains a publicly available inventory of all First Nation Land Codes, key land laws and land policy documents. The Resource Centre is continuing to build its online repository of numerous examples, templates, best practices, and land governance solutions to specific challenges, as well as short on-line courses on key topics specific to the Framework Agreement. Further to these efforts, the LAB and RC conduct a number of outreach, mentoring and training efforts. The RC expects to expand on these endeavors through a renewed Training, Mentoring and Professional Development strategy.

25 LAB and FNLMRC Strategic Business Plan Maintaining Adaptability and Flexibility The LAB and the Resource Centre are enhancing support to First Nations by applying lessons learned to date about key examples in the development of First Nations governance of reserve lands and natural resources. The LAB and the Resource Centre have responded constructively to significant changes in circumstances. For example: Procedural details and the distribution of roles and responsibilities in implementation of the former CAPP document have gone through several iterations and is now known as the Implementation Document (ID) as have the developmental and operational funding formulae for First Nations. Expansion of the Framework Agreement required a change in the structure of the LAB to accommodate successive waves of expansion Incorporation of electronic voting at the First Nation level and board election level Taking on more financial responsibility in the disbursement of Developmental Funding to First Nations, Survey Funding, enhanced environment and enforcement services as well as land use planning funding. Expanded Environment and Enforcement staffing and pilot project work Expanded readiness based efforts with interested, developmental and operational First Nations Expanded Communications Strategy Renewed working relationships with National Aboriginal Lands Managers Association and First Nations Tax Commission Expanded LAB and RC internal policies, procedures and human resources manual

26 LAB and FNLMRC Strategic Business Plan ORGANIZATION AND STAFFING Organization Strategy Key elements of organization strategy include: A regional structure for the LAB: There are currently sixteen Directors of the LAB including the Chair. The Directors serve staggered terms in order for at least one position from each of the three regions to come up for election annually. The three regions are: British Columbia; Prairie (Alberta, Saskatchewan and Manitoba); and Eastern (Ontario, Quebec and the Atlantic). A geographically distributed national organization: The National LAB Office is situated at the Westbank First Nation (British Columbia); The Resource Centre board chair s office is located at the Muskoday First Nation (Saskatchewan); The Resource Centre s technical and administrative office is located at Georgina Island First Nation (Ontario); and The Field Organization has a regional structure, which mirrors the LAB (BC, Prairie and Eastern Regions); Resource Centre Field Support Technicians are assigned to a portfolio of approximately 8 First Nations (depending on degree of geographic dispersion), and work from home-based offices. Organization Structure of the LAB The structure of the LAB has evolved over time. At first, it was more or less a committee of the whole of all of the 14 First Nation parties to the Framework Agreement. As it became apparent that the addition of new First Nations as signatories would make that structure unwieldy by virtue of the number of potential members and attendant expense, the structure was changed in two fundamental ways. First, the task of determining the structure of the LAB was confined to those First Nations that have ratified the Framework Agreement. This is expressly set out in the Framework Agreement, by way of the 2002 Amendment No. 3, and must be taken as reflecting the will of those First Nations that have signed it. It also reflects the intention of Canada, which approved Amendment No. 3. Second, as of 2003, the operational First Nations determined that the LAB would be a representative group of 9 members elected by the operational First Nations on a regional basis and with staggered terms

27 LAB and FNLMRC Strategic Business Plan of office. As the number of Operational First Nation signatories has grown, the LAB has expanded to ensure regional representation to the current total of 16 members. Through the elective process and the LAB AGM quite apart from any informal or other opportunities there is continuing and regular review of the mandate, activities and operations of the LAB. The composition of the LAB is determined by the Councils of the signatory First Nations which have ratified the Framework Agreement through a ratification vote to implement their Land Code. Organization Structure of the Resource Centre The organization structure of the Resource Centre is presented in the following chart. Directors are expected to serve as functional leads (in areas such as Finance and Administration, HR, IT, Strategic Planning, Communications, Environment and Enforcement, Field Services) as well as to supervise the delivery of services to First Nations. Specialized expertise in disciplines such as law, surveys, accounting, and environmental management are retained on a part-time, as needed basis.

28 LAB and FNLMRC Strategic Business Plan Personnel Profile The LAB All of the 16 Directors are Indigenous and members of First Nations. 13 (80%) Male 3 (20%) Female The Resource Centre All four members of the board of the Resource Centre Corporation are also Indigenous and members of First Nations. 3 (75%) Male 1 (25%) Female Of the 36 employees of the Resource Centre: 28 (78%) Indigenous, and 8 (22%) Non-Indigenous 22 (61%) are female and 14 (39%) male

29 LAB and FNLMRC Strategic Business Plan MANAGEMENT CONTROL AND ACCOUNTABILITY FRAMEWORK Accountability to First Nations through the LAB The composition of the LAB is determined by the Councils of the signatory First Nations which have ratified the Framework Agreement through a Community vote to implement their Land Code. Prospective members of the LAB are nominated and seconded by letter or resolution from an operational First Nation in the relevant region. A member need not be an elected official of a First Nation. Elections are held in advance of the LAB AGM. Only the Chief or proxy of an operational First Nation can vote in the election of an LAB member. Voting is by electronic means and secret ballot. The LAB Chair is elected for a five-year term; the Directors are elected for three-year terms. Accountability of the Resource Centre Under the applicable legislation, a corporation without share capital has members, not shareholders. The members of the Resource Centre Corporation are, by description, the members of the LAB Finance Committee. The Directors of the Resource Centre Corporation are also the members of the LAB Finance Committee. The Chairman of the Resource Centre Corporation is also the Chairman of the LAB Finance Committee. Under this structure, there is no practical possibility of conflicting purposes or objectives between the Resource Centre and the LAB. What is different about the LAB and its corporate role, is that RC directors have statutory obligations and powers under the Canada Corporations Act. The corporation, regardless of how it is structured, has a separate legal personality and the Directors have a duty of loyalty to the corporation, together with a duty to act equitably and independently in discharging that duty of loyalty. The evolution of the law of corporations over the past few decades has tended to increase, rather than lighten the burdens of directorship and to broaden the scope of potential personal liability. These corporate duties and obligations are observed by the directors and accepted by the LAB as being in addition to but not inconsistent with, roles and obligations as members of the LAB Finance Committee.

30 LAB and FNLMRC Strategic Business Plan Contractual Accountability The Terms and Conditions of the funding agreement with Canada specify constraints with respect to the management of resources, as well as reporting requirements, which include the annual audit and quarterly reports. Emergency / Business Continuity Planning The Land Advisory Board and Resource Centre have adopted an Emergency Management Plan that is reviewed annually to ensure continuity for the delivery of the mission and mandate of the organization in the event of an emergency. The purpose of the Land Advisory Board Resource Centre Emergency Management Plan is to provide a framework for the roles and responsibilities of emergency management: mitigation, preparedness, response and recovery activities in the event of an emergency. Neither emergency nor business continuity planning emerged as significant issues in the course of the risk assessment for the Resource Centre. Mdanagement and the Board are confident that related contingencies are well planned for. Advantages of a Geographically Distributed Organization Key to emergency and business continuity planning is the fact that the Resource Centre organization is distributed geographically. Most staff operate out of self-contained home offices which are distributed from New Brunswick to British Columbia. Most of the work of the Resource Center occurs either at these home offices or on site at the First Nations. Coordination of administration and logistical support is provided by the Resource Centre s technical and administrative office located at Georgina Island First Nation (Ontario). Each staff person maintains local access to their electronic working files, as well as access to shared files via an Internet connection to Microsoft 365 schared/cloud services. Encrypted password protection and firewalls are in place. Redundant back-ups help ensure recovery from any compromise of the server through unauthorized access. Advantages of this arrangement, from a business continuity and emergency planning perspective, are that: The geographic distribution of field staff in the various regions does have a benefit of lower cost options for service delivery as well as team response flexibility depending staff location and availability National operations are relatively immune to local disruptions, such as weather events or power outages

31 LAB and FNLMRC Strategic Business Plan Staff and members of the LAB seldom travel together via air or automobile in large groups, so there is little risk that the performance capacity of the LAB or the management team would be compromised due to a single incident; Geographically distinct nodes of business operations for the Resource Centre include: The Resource Centre s national technical and administrative office at the Georgina Island First Nation, Ontario; and The RC Chair s office in Muskoday First Nation, Sk, The national LAB office is located in Kelowna, BC, at the Wesbank First Nation. Each of these offices is capable of maintaining contact with all Resource Centre staff and members of the LAB should any of the other nodes of business coordination become inoperable. Data Security and Business Continuity The Resource Centre contracts with a third party and employs its own IT professional to maintain its information, website, subscription based services with the appropriate data custody, back-up and security features in place. Local and cloud backups are used to maintain working files, including the financial management system, the Resource Centre web-site and the archives. Due to the ease and convenience of mobile application computing, the RC has invested in a additional service (Microsoft 365) for the sharing and updating of documents in areas of priority including: Human Resources Administration/Finance Surveys Legal Resources Communications Training, Mentoring and Professional Development Scheduling Eastern, Prairie and Western Support Services

32 LAB and FNLMRC Strategic Business Plan WORKLOAD DRIVERS Implications for the Aggregate Workload of the LAB and the Resource Centre Field based workload drivers for the LAB and the Resource Centre consist of a triage: Mandated Services on Behalf of an Increasing Number of Operational First Nations; Support services to Developmental First Nations as per the Implementation Document Capacity Building, Readiness and other Strategic Initiatives; and Requirements of the Management and Accountability Framework. As of June 2018 there were 153 Signatories to the Framework Agreement 80 First Nations have passed Land Codes 59 First Nations are considered developmental 13 considered inactive; and 3 have moved to full Self Government or a Treaty Agreement At the same time, an additional 57 First Nations were on the waiting list RC Field Staff Service To First Nations Signatories 0 BC PRAIRIES EAST Operational Developmental Inactive Interested RC Field Staff According to the triage of support services the RC employs a profile ratio of Staff to Operational to Developmental (RCS/T:O:D) in the following fashion

33 LAB and FNLMRC Strategic Business Plan Staff Operational Developmental Ratio BC =1 to 4.7 to 2.1 Prairies =1 to 3.2 to 3.2 East =1 to 2.5 to 3.4 While these numbers do not necessarily reflect workload equity to staff, neither is First Nation proximity to staff. The geographic distribution of field staff in the various regions does have a benefit of lower cost options for service delivery as well as team response flexibility depending staff location and availability. It is anticipated that another 50 First Nations will be added to the Framework Agreement by March 31, in , 15 in , 10 in , 10 in and 10 in Economies of Scale The availability of resources do not permit the possibility having a full staff in all crucial Land Code implementation areas for each community. Nor is it reasonable to expect 1 person per operational community to be an expert in applicable areas of land code implementation. Therefore, to better support communities, the RC employs another group of staff more centrally located to provide expert advice to First Nations in all regions in the following areas: Land Use Planning - Suggested approaches to finalizing plans specific to the developmental and operational phase Communications - Website creation support, Document design assistance Legal - Land Code Drafting and implementation - Land Laws specific to individual First Nations Surveys - Boundary Land Descriptions, Contract Management Training, Mentoring and Professional Development - First Nation Land Registry System, Targeted mentorship, Think Tank, Regional Gatherings, Joint NALMA session Environment - Governance and Management Enforcement - Court Administration, Attorney Generals, Policing Agencies, Ticketing Regime Creation, partnerships with with provinces and other enforcement and adjudication entities Strategic Situation Analysis Strategic Priorities focus the finite energy and resources of the organization on those issues priorities most critical to the organization s success. They are usually developed after due consideration to internal strengths and weaknesses and major external developments and trends impacting the environment

34 LAB and FNLMRC Strategic Business Plan within which the organization operates. Strategic Priorities usually have organization-wide impacts. The risk analysis influences the identification of Strategic Priorities. Risk Analysis The Resource Centre management team has identified eight significant risk factors which the LAB and Resource Centre need to address in order to achieve the targets to # A B C D E F G H Risk Factor Erosion of the Quality of Resource Centre Staff Failure to provide for succession for key positions Staff qualifications may not keep pace with the growing complexity and sophistication of First Nations Land and Resource governance Potential increase in staff turnover and increased competition for qualified people Lack of ongoing commitment of Canada to fund continued expansion of the Framework Agreement and the LAB / Resource Centre Government focus may shift to competing options (e.g., fee simple, Indian Act delegation / administration) Lack of consistency and continuity in working relationships with CIRNA Turnover in INAC staff assigned to the file and unclear roles as INAC relinquishes reserve land management functions for FA FNs Potential political opposition to the Framework Agreement by First Nations groups, movements or influential individuals Failure to provide fruitful outcomes with other partnerships Mis-alignment of the funding agreement with Canada with the performance requirements of the LAB & Resource Centre Policy shift away from core funding for First Nations representative organizations Three-year agreement may not be secured Terms and conditions may constrain the required flexibility Failure to achieve recognition among key stakeholders for the unique expertise and necessary role of the LAB & Resource Centre in the success of the Framework Agreement and First Nations governance of reserve land and resources Parliamentarians and senior civil servants, First Nations 3rd Parties might blame the RC or LAB for advice provided to First Nations Pressure from Canada to reduce / cease funding of services not specifically itemized in the Framework Agreement Inadequate resourcing from Canada required to accommodate expansion and maintain the minimum required level of LAB & Resource Centre services to First Funding agreement may not provide enough funding to provide a minimum acceptable level of services to First Nations for the developmental process and transition to effective operations by LAB Directors and Resource Centre staff Lack of recognition by Canada of the need for customized, expert advisory services, not just models and templates Funding levels to the LAB & Resource Centre may not keep pace with the rate of expansion to include more First Nations Risk of not realizing the potential for ratification through the ID Erosion of signatory First Nations support for the LAB & Resource Centre Lack of a clear distinction between the scope of services funded through the CFA, and potential fee-for-service Pressure to Unincorporate the RC Potential criticism of the Framework Agreement by under-served First Nations The summary of the risk analysis presented on the following page illustrates the relative significance of the risk factors. The analysis suggests that there are six risk factors which need to be mitigated.

35 LAB and FNLMRC Strategic Business Plan High Risk: F - Failure to achieve recognition among key stakeholders G - Inadequate Resourcing H - Erosion of Signatory FN Support 4-6 Medium Risk: B - Lack of ongoing committment by Canada C - Lack of consistency and continuity with CIRNA 1-3 Low Risk: A- Erosion of the Quality of RC Staff D-Potential Political opposition E-Misalignment of Funding