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Annual Service Plan Reports 2004/05
CONTENTS
• Message from the Minister and Accountability Statement  
• Highlights of the Year  
• Office Role and Services  
• Report on Performance  
• Report on Resources  
• Appendix 1: British Columbia Treaty Commission Agreement Six-Stage Treaty Process  
• Appendix 2: Treaty Principles  
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Treaty Negotiations Office  

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Report on Performance

Overview of Treaty Negotiations Office Goals and Linkage to Government Strategic Goals

Report on Results

Synopsis of Treaty Negotiations Office Results

Goal 1: Increased social and economic stability and investment in the province through greater certainty over Crown lands and resources.

The Treaty Negotiations Office's first goal pertains to improving First Nations social and economic conditions in the British Columbia. Currently, Aboriginal rights and title are unreconciled with the title of the Crown, resulting in conflicts between First Nations, government, business and industry over the use of Crown land and resources. Through the negotiation of treaties and other agreements the Province is working towards clearly defining Aboriginal rights and title to provide a greater economic base to First Nations and facilitate economic investment on Crown land. These negotiations also allow for mutually beneficial governance arrangements, business relationships and land management processes. This clarity of rights and responsibilities will assist with job creation and improved social conditions for Aboriginal people and all British Columbians. Risks associated with this goal include the potential for parties to not endorse arrangements being negotiated. This would result in significant delays in achieving goals, objectives and targets while parties to the negotiations seek a satisfactory solution.

Outcome/Key Indicator: Increased access to Crown lands and resources for economic development.

Performance Measures and Results

Per cent of British Columbia Crown Land covered by certainty arrangements

This measure is a reflection of the progress made by the province toward achieving greater certainty over the Crown land and resource base through negotiated agreements5. The target reflects a projection for stable and consistent progress toward increasing certainty and attaining our goal of increased social and economic stability across the province in upcoming fiscal years.

In fiscal 2004/05, the Treaty Negotiations Office surpassed its original target of 34 per cent, by attaining its goal of increased certainty across the Province and reaching a total of 37 per cent certainty over Crown land in British Columbia by fiscal year end. This increase was achieved primarily through the contribution of ongoing negotiations by the Ministry of Forests with the achievement of 33 Forest and Range Agreements.
5  Examples of negotiated agreements include accommodation agreements, forest and range agreements or memoranda of understanding.

 

Performance Measure 2003/04 Base 2004/05 Target 2004/05 Actual 2004/05 Variance
Per cent of British Columbia Crown Land covered by certainty arrangements1 32%2 34%3 37% >3%
1 The Treaty Negotiations Office works in conjunction with the Ministry of Sustainable Resource Management in the collection of data pertaining to the measurement of certainty achieved across the province. Data are contained in a database which is managed by the Ministry of Sustainable Resource Management and utilized by Treaty Negotiations Office staff.
2 Represented in the 2004/05 Service Plan as TBD, actual base figure is 28 753 499 hectares of available Crown land.
3 Represented in the 2004/05 Service Plan as 105% of base figure. An increase of 5% over the base figure is 1 437 675 hectares.

Core Business Area(s): Negotiations, Economic Development

Objective 1: Concluded agreements that define rights and responsibilities between the parties and facilitate economic development.

This objective refers to the negotiation of agreements with First Nations where both parties agree to their respective rights and responsibilities regarding the ownership and use of Crown land and resources. By achieving agreements on these issues, the Province will restore confidence to the business community to invest in British Columbia and thereby restore economic vitality to the province.

Key Strategies

The following strategies were employed in order to achieve this objective:

  1. Focused on key opportunities to conclude treaty-related agreements.
  2. Innovated and streamlined negotiation practices to fast-track treaty settlements.
  3. Provided leadership to line ministries and provincial agencies to support accommodation activities.
  4. Implemented accountability measures for each negotiation table that described consultation practices with concerned parties on treaty-related issues.
  5. Strengthened relations between Aboriginal and local governments and between Aboriginal and non-Aboriginal business interests.

Performance Measures and Results

Number of initialed Final Agreements and Agreements-in-Principle

This measure reflects the progress made toward the settlement of First Nations' land claims by the number of initialed and signed agreements negotiated, as well as progress made toward achieving further certainty and the objective of concluded agreements. The target was established to reflect a reasonable expectation of the advancement of the treaty process in fiscal year 2004/05.

The Treaty Negotiations Office established a target of achieving three to five Final Agreements and/or Agreements-in-Principle in 2004/05. The Office was successful in achieving one initialed Agreement-in-Principle with the Yekooche First Nation and continues to work to resolve outstanding issues in order to reach Final Agreements and Agreements-in-Principle with other First Nations.

Performance Measure 2003/04 Base 2004/05 Target 2004/05 Actual 2004/05 Variance
Number of initialed Final Agreements and Agreements-in-Principle1 4 3–5 1 <2–4
1  The Treaty Negotiations Office tracks all treaty-related agreements as part of its core business function.

Number of accommodation agreements

This measure reflects the Province's obligation to accommodate, where necessary, First Nations interests in land and resource issues, which also facilitates economic development and certainty. The target reflects the progress made toward accommodating First Nations interests and increasing economic development over the fiscal year.

The Treaty Negotiations Office exceeded its target of one to two accommodation agreements for 2004/05, by achieving a total of three agreements over the span of the fiscal year. Accommodation agreements were signed in 2004/05 with the St'at'imc (St'at'imc Protocol), Squamish and Lil'wat First Nations (Sea to Sky Highway Upgrade) and the Tahltan and Iskut First Nations (Memorandum of Understanding).

Performance Measure 2003/04 Base 2004/05 Target 2004/05 Actual 2004/05 Variance
Number of accommodation agreements1 12 1–2 3 >1–2
1 The Treaty Negotiations Office tracks all accommodation agreements as part of its core business function.
2 Represented in the 2004/2005 Service Plan as TBD.

Number of partnership initiatives involving First Nations and community organizations, including local governments

This measure is reflective of the Treaty Negotiations Office's ongoing commitment to facilitate partnerships with First Nations and community organizations, including local governments, in order to promote economic development, improve local relationships and create certainty in the province6. The target reflects the ongoing commitment of fostering improved relationships at a local community level which also facilitates progress toward certainty.

The Treaty Negotiations Office remained on target in fiscal 2004/05 with its objective of increasing the number of partnerships from a base of five partnership initiatives in 2003/04 to six in 2004/05. These results indicate the office's continued efforts to expand partnerships and relationships that facilitate economic development and increased certainty for the province.
6  Partnership initiatives identified for 2004/05 include: Haisla — Intergovernmental Relations (with District of Kitimat), In-SHUCK-ch — Governance Structure (with Chilliwack, Pemberton, Squamish-Lillooet Regional District and Fraser Valley Regional District), Sliammon — Intergovernmental Relations Stage 4 (with Regional District of Powell River and the Corporation of the District of Powell River), Te'mexw — Intergovernmental Relations (with numerous municipalities and regional districts in the South Island and Nanaimo areas), Yale — Intergovernmental Service Agreement (with Fraser Valley Regional District), Yekooche — Community Skills Inventory and Working Pathways (Regional District of Bulkley Nechako).
Performance Measure 2003/04 Base 2004/05 Target 2004/05 Actual 2004/05 Variance
Number of partnership initiatives involving First Nations and community organizations, including local governments1 52 63 6 0
1 The Treaty Negotiations Office tracks and monitors all treaty-related agreements including local government initiatives as part of its core business function.
2 Represented in the 2004/05 Service Plan as TBD.
3 Represented in the 2004/05 Service Plan as 105% of base.

Objective 2: Increased participation of First Nations in the economy

Through increased participation of First Nations in the economy, the provincial government supports economic development opportunities for First Nations. This includes improved training, expanded business skills and knowledge. By encouraging First Nation participation and enterprise we further the economic and social stability in the province. The Office achieves this objective through the administration of funding to First Nations who retain responsibilities regarding economic development project planning and implementation.

Key Strategies

The following strategies were employed in order to achieve the objective:

  • Facilitated partnerships between First Nations, industry and government that promote economic development.
  • Focused implementation of economic development projects.
  • Developed a cross-government database to track skills development and employment in Aboriginal communities.

Performance Measures and Results

Number of economic development projects where British Columbia has fulfilled its funding obligations

This measure supports First Nations economic initiatives which contribute to an improved provincial economy. The target is a reflection of the remainder of projects identified for funding over the three-year term of the Economic Development Fund.

In 2003/04, the Treaty Negotiations Office established a target for 2004/05 of funding 34 economic development projects during that fiscal year. The Office was successful in accomplishing its target and achieved an actual total for 2004/05 of 34 projects funded.

Performance Measure 2003/04 Base 2004/05 Target 2004/05 Actual 2004/05 Variance
Number of economic development projects where British Columbia has fulfilled its funding obligations1 59 34 34 0
1  The Treaty Negotiations Office maintains comprehensive files, tracking documents and a database for all Economic Development Fund initiatives.

Goal 2: Build strong and respectful relationships between government and First Nations based on a shared commitment to reconciliation and recognition.

The second goal reflects the provincial government's commitment to forge new relationships with First Nations based on reconciling past differences and an acknowledgement and recognition of each other's rights and responsibilities. Building relationships is fundamental if First Nations and the provincial government are to resolve their respective differences. Each party relies on the other to work toward building strong and respectful relationships which will help us move forward and achieve a brighter future for all British Columbians. Risks associated with achieving this goal include the potential for parties to not participate in arrangements which facilitate relationship building. This would result in considerable setbacks and delays in achieving goals, objectives and targets as the parties continue to work toward a reasonable solution.

Performance Measures and Results

Number of agreements that facilitate and strengthen relationships between First Nations and the government

This measure allows the Office to determine its ongoing progress toward relationship-building and reconciliation with First Nations. The target reflects a reasonable expectation for progress each fiscal year on improving the relationship between the Province and First Nations.

The Treaty Negotiations Office established a target of commencing one to two new relationships in fiscal 2004/05 which served to build relations between First Nations and the Province. Based on the target range for fiscal 2004/05, the Office has met and/or exceeded its target by entering into agreements with the St'at'imc First Nation and the Tahltan and Iskut First Nations.

Performance Measure 2003/04 Base 2004/05 Target 2004/05 Actual 2004/05 Variance
Number of agreements that facilitate and strengthen relationships between First Nations and the government1 12 12 2 >0–1
1 Data are tracked and monitored within the Treaty Negotiations Office as part of its core business function and record keeping practices.
2 Represented in the 2004/05 Service Plan as TBD.

Core Business: Reconciliation, Negotiations

Objective 1: Build trust with First Nations through a reconciliation and recognition framework.

This objective reflects the Province's commitment to forge new relationships with First Nations by acknowledging past differences and recognizing each other's rights and responsibilities. By doing so, the Province and First Nations will move toward building trusting relationships, which form the foundation for the negotiation of treaties and other agreements. Both the Province and First Nations have joint responsibility in achieving this objective as both parties remain equally responsible for their part in reconciling the nature of our past relationships and making efforts to move forward to build better relationships for the future.

Key Strategies

The following strategies were employed in order to achieve this objective:

  1. Worked co-operatively with First Nations to identify an agenda of activities focused on reconciliation and recognition.
  2. Undertook initiatives to increase public awareness and understanding to promote a vision of reconciliation.
  3. Developed policies, positions and mandates consistent with the principles of reconciliation and recognition.
  4. Provided leadership to line ministries and provincial agencies undertaking reconciliation activities.

Performance Measures and Results

Number of actions taken to implement agreed joint activities

This measure reflects the number of activities implemented by the Treaty Negotiations Office in concert with First Nations that contributed to relationship-building. The target established reflects a steady increase in the number of actions undertaken.

The Treaty Negotiations Office established a target of three new joint activities for fiscal year 2004/05. The Office surpassed this target through the implementation of a total of four joint activities during the fiscal year including, but not limited to, tripartite meetings with the federal government and First Nations and facilitating the arrangement of regular meetings between First Nations leaders and senior government officials.

Performance Measure 2003/04 Base 2004/05 Target 2004/05 Actual 2004/05 Variance
Number of actions taken to implement agreed joint activities1 22 33 4 >1
1 Data are tracked and monitored within the Treaty Negotiations Office as part of its core business function and record keeping practices.
2 Represented in the 2004/05 Service Plan as TBD.
3 Represented in the 2004/05 Service Plan as 105% of base.

Number of actions taken to build public awareness

This measure reflects the Treaty Negotiations Office's continued efforts to build relationships by undertaking initiatives that increase public awareness and promote a vision of reconciliation. The target is reflective of a gradual increase in the number of activities undertaken each fiscal year.

The Treaty Negotiations Office established a target for 2004/05 of 110 new actions undertaken to build public awareness, which was an increase over the base of 105 actions for 2003/04. The Office was successful in reaching its goal and exceeded its target for a total of 115 actions in fiscal 2004/05.

Performance Measure 2003/04 Base 2004/05 Target 2004/05 Actual 2004/05 Variance
Number of actions taken to build public awareness1 1052 1103 115 >5
1 Actions taken to build public awareness include: announcements, meetings and public events, open houses, publications and speeches.
2 Represented in the 2004/05 Service Plan as TBD.
3 Represented in the 2004/05 Service Plan as 105% of base.

Incidence of direct action/blockades

This measure reflects the progress government has achieved in maintaining strong relationships with First Nations and successfully resolving issues. The target is indicative of a steady decrease in the number of direct actions each fiscal year.

The Treaty Negotiations Office reported a reduction of direct incidence and blockades from the base established in 2003/04. A maximum of eight was established in fiscal 2004/05 and the Office was successful in achieving this target.

Performance Measure 2003/04 Base 2004/05 Target 2004/05 Actual 2004/05 Variance
Incidence of direct action/blockades1 9 8 8 0
1  Data have traditionally been monitored as part of the Office's core business function. This measure has been removed as a performance measure from future service plans as data will now be tracked and maintained informally from fiscal 2005/06 forward.

 

Goal 3: Optimal and cost-effective planning, management, administrative and operational support.

The third goal refers to the Treaty Negotiations Office's commitment to conduct business and operate the Office in the most cost-effective and efficient method possible. This includes meeting budgetary targets, ensuring employees are supported and encouraged in areas of learning and skill development, as well as adopting new ways of doing business internal to the organization which reflect proven examples of success referred to as "best practices". By adopting this approach internally, the Office is able to function in support of all core business areas and ensure cost-savings for taxpayers. Potential risks associated with not achieving this goal include missed budget targets, staff turnover and the use of outdated processes which would reduce productivity.

Performance Measures and Results

Per cent of budget targets met

This measure is reflective of the Treaty Negotiations Office's commitment to provide cost effective operational and support services throughout the organization. The target was established government-wide that all ministries would meet 100 per cent of their financial targets.

The Treaty Negotiations Office was successful in meeting its target for fiscal 2004/05 by achieving 100 per cent of its budgetary target.

Performance Measure 2003/04 Base 2004/05 Target 2004/05 Actual 2004/05 Variance
Per cent of budget targets met1 100% 100% 100% 0
1  Financial data are comprehensively tracked in databases as a core component of the budget monitoring process.

Core Business: Negotiations

Objective 1: Improved administrative operations through innovative business practices and technology.

This objective reflects the Treaty Negotiations Office's commitment to ongoing improvement within the Office. Through improved business practices and the innovative use of technology, the Office streamlines internal administrative processes. By pursuing this objective, the Office ensures it is operating efficiently and economically using creative business practices to provide services and minimize costs. The Office achieves this objective in equal partnership with central government agencies that retain responsibility for the provision of shared services. This objective is linked to the Negotiations core business area as it holds responsibility for supporting the salaries, benefits and operating expenses of the Office.

Key Strategies

The following strategies were employed in order to achieve the objective:

  1. Reviewed business practices, office procedures, and adopted best practices to improve cost-effectiveness and efficiency.
  2. Developed a human resources plan to support and encourage employee learning and skills identification and development.
  3. Identified technology solutions to better track and report on performance and risks associated with meeting business objectives.

Performance Measures and Results

Percentage of employees with performance management plans

This measure refers to the Treaty Negotiations Office commitment to support and encourage employee learning and development. The target was established based on a government-wide initiative that all ministries ensure staff possess current employee performance management plans.

In fiscal 2004/05 the Treaty Negotiations Office was on target in ensuring that 100 per cent of its employees had current employee performance management plans in place.

Performance Measure 2003/04 Base 2004/05 Target 2004/05 Actual 2004/05 Variance
Percentage of employees with performance management plans1 100% 100% 100% 0
1  Data pertaining to employee performance management plans are held in a database and are monitored internally within the Treaty Negotiations Office via ongoing reporting mechanisms.

Numbers of best practices adopted

The Treaty Negotiations Office established this measure to reflect its commitment to continued improvement in areas of planning, management, administrative and operational support. The target speaks to the organization's ongoing pursuit of efficient and effective ways to improve the manner in which it conducts its day-to-day business and promotes a culture of continuous improvement.

In 2004/05 the Treaty Negotiations Office established a target consistent with the base data from the previous fiscal year of five additional best practices to be adopted each fiscal year.7 During 2004/05 the Office surpassed its target and established six new best practices within the organization.
7  Best practices adopted in 2004/05 include: iExpense, iPlan, Time on Line, iProcurement, Sharepoint web based document collaboration pilot and an improved records management process.
Performance Measure 2003/04 Base 2004/05 Target 2004/05 Actual 2004/05 Variance
Number of best practices adopted1 5 5 6 >1
1  Data pertaining to employee performance management plans are held in a database and are monitored internally within the Treaty Negotiations Office via ongoing reporting mechanisms.

 

     
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