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Housing

Mandate

Resolution No. 81/2008 called for a direct and inclusive role for First Nations in the evaluation of the 1996 On-Reserve Housing Policy. The evaluation process includes a critical look at the manner in which the policies, programs and activities of Indian and Northern Affairs Canada (INAC) and the Canada Mortgage and Housing Corporation (CMHC) were devised; the degree of First Nations consultation and influence in the developmental process; regional variations of interpretation of policy intent and decision making; and that the evaluation process be seen as the starting point of meaningful participation in all future activities in the renovation of the 1996 Policy in preparation for the next Treasury Board Submission and its accompanying Memorandum to Cabinet.

Resolution No. 14/2007 called for the recognition of First Nation Governments to manage and control housing and infrastructure programs from a local, tribal council, Treaty organization, or provincial/territorial organization structure. It also called for the transition of management and control of all housing matters from the federal government to First Nations, with an appropriate First Nation network of support, including national and/or regional First Nation ‘Centres of Excellence’ that are local, territorial and regional in scope and be made available to ensure an adequate First Nation capacity development framework.

Key Issues and Activities

Evaluation of the 1996 On-Reserve Housing Policy

INAC and CMHC, with the engagement of the AFN Chiefs Committee on Housing and Infrastructure (CCoHI) and the Technical Working Group (TWG), have been actively participating in the Evaluation of the 1996 On-Reserve Housing Policy, its programs, activities and initiatives, and assessing the need for change.

AFN Resolution No. 81/2008 was put forward at the Special Chiefs Assembly in December, 2008, in an effort to ensure that the policy evaluation process, inclusive of planning, contracting, data collection and reporting, respect the authority and jurisdiction of First Nations and work with First Nations and their duly-authorized representatives and organizations to accomplish this effort through regional, territorial and local First Nation initiatives. It also resolved that there be direct involvement of First Nations in the management and delivery of the evaluation process in First Nations communities and that any external consultants engaged in these activities be First Nations in origin and agreed to by First Nations and their duly-authorized representatives and organizations in the process.

Data and information collection has included both external (First Nation available) and internal (INAC) literature and documentation, household occupant surveys, key informant interviews, housing condition assessments and case studies. Use of First Nation expertise for household occupant surveys and the housing condition assessments was undertaken. An evaluation of the Ministerial Loan Guarantees and Shelter Allowances for housing has also been conducted by KPMG through a standing offer with INAC.

A final draft report has been completed and will be made available by the AFN following its posting on the INAC Audit and Evaluation Branch website at http://www.ainc-inac.gc.ca/pr/pub/ae/index_e.html.

The report recommendations have been agreed to by the Director General of INAC’s Community Infrastructure Branch. A Management Response and Action Plan has been undertaken with the AFN, with the active involvement of First Nations, CMHC and other key stakeholders.

Recommendations:

  1. Develop a policy statement building on the 1996 Policy that lays out objectives and is flexible enough in its application to meet the different needs of First Nation communities.
  2. Work to clarify roles and responsibilities and strengthen accountabilities.
  3. Advance First Nation capacity-building initiatives in order to better manage and monitor housing stock, advance local First Nation operational control, and to achieve the minimum standards of the National Building Code to ensure long-lasting and environmentally-sustainable housing units.
  4. Work to ensure houses are built to address overcrowding and deterioration and to maximize the use of resources to alleviate current and future housing pressures.

 

Bill C-304 – An act to ensure secure, adequate, accessible and affordable housing for Canadians

This is a private member’s bill that sets out parameters for the development of a National Housing Strategy that recognizes that improved housing conditions are best achieved through cooperative partnerships of government and civil society and the meaningful involvement of local communities.

The Minister responsible for the Canada Mortgage and Housing Corporation shall, in consultation with the provincial ministers of the Crown responsible for municipal affairs and housing and with representatives of municipalities and Aboriginal communities, establish a national housing strategy designed to ensure that the cost of housing in Canada does not compromise an individual’s ability to meet other basic needs, including food, clothing and access to education.

In a recent presentation to the Standing Committee on Human Resources, Skills and Social Development the AFN expressed a commitment to participate in the development of such a strategy. This commitment was made in a spirit of optimism that reflects what we know can take place if we create collaboration that allows for strategies to emerge within a multi-jurisdictional environment.

A National Housing Strategy that meets the ‘Continuum of Housing Needs’ from Homelessness and Emergency Shelter to Elderly and Disabled, to community owned assets and social housing stock, to rent to own and private homeownership.

A National Housing Strategy that truly acknowledges what secure, adequate, accessible and affordable housing is and spells out how all parties can work collaboratively to achieve desired outcomes. The participation of the AFN will assist in linking First Nation leadership to existing or emerging multilateral tables of dialogue that will result in the ability to harmonize programs and services between on and off reserve.

It will provide a First Nation perspective in a long-term strategy that addresses the need for more culturally-appropriate social housing, transitional housing for women and men, second stage housing and mental health programs that directly involve the people they are meant to serve. It will foster new relationships that allow for First Nation access to programs, activities and initiatives in the off-reserve environment and will help to create a First Nation institutional framework for housing that assists in developing appropriate capacities for sustainable housing strategies and linking that framework to the multi-jurisdictional environment found off reserve.

Bill C-304 has been sent back to the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities for amendment and will then move to a third reading in the House of Commons.

 

First Nations Model Housing Policy Guidelines

In response to Resolution No. 14/2007, the Housing and Infrastructure Secretariat has been actively researching two key areas of housing that reflect practices illustrating good governance. These include a First Nation Regulatory Environment and the Operational Control of Housing within the regulatory environment. A regulatory environment will identify the manner in which each First Nation, region or territory structures their own means of service delivery and capacity building. The work will help to define the replacement of Government of Canada control and interventions by creating First Nations solutions that develop new options and opportunities.

The AFN also undertook a contract with CMHC to produce “First Nation Model Housing Policy Guidelines” to assist First Nations in developing their own community-specific policies. This guide outlines an approach to enhancing First Nations’ understanding of the developmental process. It will assist in creating the environment to properly control the various aspects of the First Nation housing portfolio. The project has drawn from successful housing initiatives implemented by First Nations across Canada and helps to define necessary elements, provide templates and act as a guide for the development and implementation of local First Nation Housing Policies that foster internal First Nation controls and create greater self-reliance.

This project is now complete, including translation, and is posted on the AFN website at http://www.afn.ca/cmslib/general/10-05-11%20Housing%20Policy%20Guide_FINAL%20ToC.pdf .

 

The Holmes Group Project

National Chief Shawn A-in-chut Atleo and “Canada's Most Trusted Contractor” Mike Holmes of “Holmes on Homes”® and The Holmes Group, signed a Statement of Partnership at the AFN’s Annual General Assembly in July. The agreement establishes a new pilot project that aims to assist in building homes, enhance community design and planning and utilize appropriate green technologies and clean energy sources to improve health and living conditions in First Nation communities, as well as establishing a First Nation Centre of Excellence on green and sustainable community design.

The project will demonstrate the necessary actions that lead to heightened environmental responsibility, focus on energy efficiency and cost effectiveness, and meeting the First Nation continuum of needs. The project will respect the First Nation as the ‘authority having jurisdiction’ and actively engage the First Nation and their duly mandated technical service providers and authorized representative organizations in all facets of the process.

The AFN has actively facilitated a process that engages First Nations in project selection, design and implementation. The Holmes Group will use the AFN website as a vehicle of communication for all First Nations and will chronicle and document the process and its features so that all First Nations may undertake similar activity.

The Holmes Group has also agreed to assist the AFN in developing the Centre of Excellence defined in Resolution No. 14/2007. Their assistance will focus on defining the parameters of the First Nation regulatory environment and the operational controls necessary to achieve green and sustainable First Nation community design.

Nine First Nations submitted proposals by the November 26, 2010 closing date. Announcement of the selected First Nation for the pilot project will be made on December 16, 2010.

Looking-Forward Agenda to Annual General Assembly – July 2011

  • Final report on the 1996 On-Reserve Housing Policy Evaluation will be circulated and reviewed by First Nations and their respective organizations. It is expected that the comments and feedback gathered to this report will frame the next phase of policy renewal and revitalization. The position taken by AFN has been that the policy renewal process include active and meaningful engagement of First Nations and that the roles and responsibilities of all parties are clearly defined and communicated.
  • The First Nations Model Housing Policy Guidelines are completed and have been translated into French. A workbook will be under development to assist facilitators and First Nations in the process of developing individual First Nation Housing Policies. A Train-the-Trainer session is anticipated to ensure that there are available facilitators to assist First Nations in each region.
  • The AFN Housing and Infrastructure Secretariat will investigate the need for a Housing and Water Policy Forum that will potentially bring together First Nations and their duly mandated organizations with various federal departments and agencies, industry, professional associations and technical service providers. This policy forum will be a critical ingredient to the revitalization and renovation of the 1996 On-Reserve Housing Policy.
  • Establishment of a web portal to host an integrated Centre of Excellence on Green and Sustainable Community Design.
  • Development of a Community Planning Tool that outlines the process a First Nation may undertake in the planning and design of a Green and Sustainable First Nation. This resource will utilize the tools, models, best practices other information that will be found in the Centre of Excellence.
  • The Holmes Group project has received proposal submissions from nine First Nation communities and an announcement on the selected community will be made on December 16, 2010 during the Special Chiefs Assembly.

 

Infrastructure

The role of the Housing and Infrastructure Secretariat is to advocate for adequate resources for First Nations to build and maintain all areas of infrastructure and housing. This includes roads and bridges, community buildings, electrical facilities, fire services, water and wastewater and housing.

Resolution 24/2008, Environment Canada Wastewater Effluent Regulations Consultation Process, called on the Government of Canada to respect the Honour of the Crown and immediately conduct meaningful consultation and accommodation with First Nations in this matter and provide adequate resources to First Nations to fully assess the impacts of the proposed regulations on their rights and interests and to enable them to participate in Crown consultations.

Resolution 42/2010 directs the Assembly of First Nations (AFN) to hold a National Indigenous Water Conference in 2011 to discuss current water-related issues and develop a strategic action plan aimed at the recognition of First Nation jurisdiction over water and ensuring First Nations access to safe, adequate sources for freshwater as a treaty and Aboriginal right for the preservation of health, economic and spiritual activities – now and for future generations.

Key Issues and Activities

National Assessment of Water and Wastewater Infrastructure on First Nations Communities

The final report of the National Assessment of Water and Wastewater Infrastructure on First Nations Communities will be released in the next few months. This is a project to conduct an engineering assessment of private and public water and wastewater systems, and associated operation and maintenance practices, in First Nation communities, including an evaluation of risk to health and overall serviceability analysis (i.e., communal systems as well as private individual systems such as wells, septic systems, cisterns, etc.) for each community. The results of this study will inform the government of the capital, operating and maintenance needs for First Nations. It will also provide supportive information to Indian and Northern Affairs Canada (INAC) to seek renewal of the First Nations Water and Wastewater Action Plan (FNWWAP).

Environment Canada draft Wastewater Systems Effluent Regulations

On March 20, 2010, Environment Canada published the proposed Wastewater Systems Effluent Regulations (the proposed Regulations), in the Canada Gazette, Part I.  According to the Regulatory Impact Analysis Statement, which was published in the Gazette immediately preceding the proposed regulatory text:

“The objective of the proposed Regulations is to reduce the risks to ecosystem health, fisheries resources and human health by decreasing the level of harmful substances deposited to Canadian surface water from wastewater effluent. To achieve the objective, the proposed Regulations would set national effluent quality standards that would require secondary wastewater treatment, or equivalent, in wastewater systems across Canada.”

Thus, once implemented, the proposed Regulations are expected to:

  • Protect the ecosystem against pollution. The ecosystem includes fish, people and the environment.
  • Help address lack of consistent regulatory regimes and level of sewage treatment across Canada.
  • Prevent the release of untreated or inadequately treated sewage from contaminating drinking water sources.
  • Protect Canadians from the risk of consuming contaminated fish and shellfish and from engaging in recreational activities in polluted water bodies.

The AFN developed a Consolidated Comments Report which was distributed to First Nation communities and Tribal Councils as a tool that could be used by them as supporting information if they wished to provide comments to Environment Canada on the proposed Regulations.  The Consolidated Comments Report was also be submitted to Environment Canada as AFN’s comment on the proposed Regulations. The report is available on the Water page on the AFN website.

The draft regulations were to be published in the Canada Gazette 2 in December 2010 but that date has been set back to February 2011 or later. The municipalities and First Nations have expressed concern over the costs to meet the regulations and also question information used in the Regulatory Impact Analysis Statement.  Environment Canada (EC) has indicated that it will continue with its outreach and dialogue with jurisdictions and other stakeholders. The AFN will ensure that the dialogue with First Nations continues and will work with EC to make these changes available.

Emergency Management in On-Reserve First Nation Communities

In Canada, emergency management in support of Aboriginal peoples adopts an all-hazards approach that addresses both natural and human-induced hazards and disasters. The most pressing activity is the draft “An Emergency Management Strategy in Support of Aboriginal Peoples in Canada”. This document refers to “service agreements” as the basis for the provision of emergency management services and support to Aboriginal communities.

A national approach to service agreements for emergency management services will help to standardize the mitigation, preparedness, response and recovery activities required for emergencies across Canada.  The Senior Officials Responsible for Emergency Management (SOREM) First Nations, Inuit and Northerners Working Group will be developing guidelines to ensure national consistency in service agreements between federal/provincial/territorial governments related to emergency management services. Service agreements also help to provide assurance of comparable service delivery to all Aboriginal peoples in Canada. 

A draft document titled “National Guidelines or Developing Service Agreements between INAC and the Provinces for Emergency Management On-Reserve First Nation Communities” has been prepared. The purpose of this is to provide national guidelines in order to promote a national approach for emergency management in First Nation communities.

The AFN was invited and recently agreed to join the SOREM Working Group. Considerable work has been done to date without the involvement of First Nations.

Evaluation of the Emergency Management Assistance Program

The 2010 Evaluation of the Emergency Management Assistance Program recommended that INAC clarify its roles and responsibilities as they relate to emergency management. This process should consider the current environment of emergency management, specifically the implications of the 2007 Emergency Management Act (EMA). To do so, the Department must define relationships with all external stakeholders and put in place the appropriate governance structures and agreements to ensure fulfillment of responsibilities related to emergency management. All aspects of emergency management should be considered in this process, with particular emphasis on the following areas:

a) The precise role of the Department in emergency management in the three northern territories.

b) The precise role of the Department with respect to emergencies that fall within the responsibility of another department or jurisdiction (such as health issues and civil unrest).

c) The program delivery mechanisms and structure relating to the four pillars of emergency management: mitigation, preparedness, response and recovery activities.

d) Horizontal engagement of other relevant INAC programs that have a potential to contribute to an all-hazards approach to emergency management, such as capital infrastructure in mitigation projects or land claims in civil unrest issues.

It further recommended that INAC consider a revised funding structure, to alleviate the impact on regions, other program areas, and communities and provide a secure funding base for the Department’s emergency activities. To facilitate this transition, INAC should document its existing funding for emergency management programming and develop forecasts for future expenses relating to an all hazards approach to emergency management.

INAC should also identify appropriate resources in alignment with its roles and responsibilities. Specifically, ensuring that the Department has the ability to provide preparedness and mitigation services in accordance with Departmental obligations under the EMA.

Looking-Forward Agenda to Annual General Assembly – July 2011

  • Continue to recommend to INAC that First Nations have the opportunity to review the recommendations from the National Assessment of Water and Wastewater Infrastructure on First Nations Communities before the report is finalized and that the final report be shared with the AFN, regional organizations and tribal councils;
  • Advocate for resources for water and wastewater facilities to address the needs identified in the National Assessment;
  • Work with Environment Canada to ensure information on the Wastewater Systems Effluent Regulations is provided to First Nations;
  • Participate in the SOREM Working Group and provide information and seek input from the regional technicians; and,
  • Plan the 2011 National Indigenous Water Conference to be held in Alberta.