Mr. Speaker, I am pleased to rise today on behalf of the Bloc Quebecois to speak to the motion as unanimously amended by the House.
Every year parliament approves more than $4 billion in funding for the Department of Indian Affairs and Northern Development for a broad range of programs and services in aboriginal communities. This money is intended for such things as capital investment, primary and secondary education, social services, housing, health services and economic development projects. These services and programs are, in most cases, administered directly by first nations.
In his April 1999 report, the auditor general indicated that allegations of improper financial administration had been made to the Department of Indian Affairs and Northern Development. In fact many people are concerned about the effectiveness of the existing standards for first nations accountability vis-à-vis federal funding.
Following allegations of financial mismanagement on certain reserves, some politicians urged the federal government to put in place more transparent financial agreements with first nations and to improve accountability mechanisms with respect to aboriginal communities' use of federal funds.
Despite the controversy, the extent of the financial difficulties of first nations communities is not really known. In his 1999 report, the auditor general said that approximately one-third of the 630 first nations communities were experiencing some degree of financial difficulty. The Department of Indian Affairs and Northern Development indicated that the majority of aboriginal communities were managing their finances well and that only a few, 4%, were being managed by a third party because of serious financial problems.
Politically, however, the requirement that first nations communities be financially accountable to their members seems to be generating increasing controversy. Two general concerns are emerging: first, to whom are first nations accountable, and, second, are the existing accountability standards good enough?
The Bloc Quebecois recognizes that accountability is an essential component of sound management. All administrative bodies must ultimately be responsible and accountable to those whom they represent. In other words, they must be accountable for their decisions.
Aboriginal peoples have a responsibility to their members to use all the funds allocated to them by the department of Indian affairs in the most effective and efficient manner. Similarly, the department must be able to show Canadians, through the minister and the Auditor General of Canada, that all the funds allocated to aboriginal communities are used properly while allowing them to achieve strategically targeted objectives.
In the past, specific programs defined by the federal government were funded for a relatively short period, often on an annual basis. Because of the uncertainty surrounding the annual levels of funding of these programs, it was difficult for aboriginals to establish long term community development programs and to gradually build their infrastructures. That uncertainty also had the effect of restricting the ability of aboriginal people to strategically pool their resources and concentrate them in important areas such as the creation of long term jobs because resources were strictly allocated to a series of patchwork and separate programs.
More recently, financial transfer agreements have provided greater flexibility to aboriginal people, allowing them to manage their own affairs, including when it comes to setting their own priorities.
This transfer of responsibilities to the aboriginal communities must not, however, mean that the government abdicates its responsibilities. It is still the responsibility of the Department of Indian Affairs and Northern Development to ensure that the programs it finances produce the planned results, with commitment of the appropriate funds.
It is true that there is considerable risk of failure when complex programs are transferred to communities that have had decades of total dependency on the federal government. That is why the federal government and the aboriginal people must share responsibility for the effective administration of transferred programs.
The auditor general has stated in his report that the Minister of Indian Affairs and Northern Development had not put enough effort into helping native communities prepare to administer transferred programs. He said repeatedly that the department must be answerable to parliament and to the public, like all other federal institutions.
Regardless of program transfer, the department still has a duty to account for the way federal funds are being used and to ensure that acceptable results are obtained. Through its fiduciary obligations, the government must retain the ability to audit aboriginal financial statements and provide tools for correcting situations of mismanagement. This control by the federal government is essential.
In several of the auditor general's reports during the 1990s comments were made on the aboriginal peoples' obligation to be accountable for the public funds received. The 1990 report indicated that the department's funding mechanisms did not include a satisfactory reporting method.
This had significant ramifications, in particular making it impossible to know with any certainty whether funds had been spent for the intended purpose, were likely to attain the expected results and had been spent as efficiently as possible. In his November 1996 report, the auditor general pointed out ongoing shortcomings relating to the implementation of funding agreements.
In this report, the auditor general pointed out that the Department of Indian and Northern Affairs had a number of options at its disposal to encourage first nations to meet the standards agreed on, including the inclusion of specific terms in modes of funding, periodic and official supervision of financial performance and program implementation, the use of critical threshold indicators and the implementation of remedial action plans as a consequence. He added that these measures were useful but that it was not always apparent they had been successfully implemented.
In response to this report by the auditor general, the department of Indian affairs adopted three principles in 1996 with respect to accountability. They involved transparency, disclosure and corrective measures. In addition, it decided it would strengthen the band councils' requirement to be accountable to their community.
That year, the department even wrote to the chiefs and band councils to have those receiving federal funds examine their accounting and management systems and develop a plan of action to correct discrepancies. It also informed first nations that these systems would have to be evaluated in the future in the case of all funding agreements.
In his follow up report of 1999, the auditor general looked primarily at the way the Department of Indian and Northern Affairs had implemented his 1996 recommendations.
The report included the following points, among others. The department of Indian affairs was to establish a better relationship between the level of flexibility of the modes of funding and the desire and ability of the first nations to assume responsibility for the billions of dollars the department paid out to them every year. The Department of Indian and Northern Affairs failed to take the appropriate measures to ensure proper resolution of allegations of impropriety and complaints and disputes concerning the modes of funding. Corrective measures—resolution mechanisms—had to be improved as elements of reporting.
In response to the recommendations made by the auditor general in his 1999 report, departmental officials informed the Standing Committee on Aboriginal Affairs and Northern Development that a national data-bank had been established to collect complaints of inappropriate conduct and examine any emerging tendency in that regard. In addition to this national register, each regional office of the department now has access to a co-ordinator responsible for allegations and complaints. Moreover, a national co-ordinator develops standards, policies and guidelines on appropriate corrective measures.
On May 15, 2000, in response to requests by politicians and members of the public demanding the disclosure of more financial information, the Department of Indian Affairs and Northern Development wrote to the first nations to require that audits include the salaries, fees and travelling expenses of elected officials and leaders. Any first nation not complying with these requirements would stop getting discretionary funds and funds earmarked for non-essential services.
At one time, the Department of Indian Affairs and Northern Development was directly managing the delivery of these numerous programs in aboriginal communities. Later on, in order to break the cycle of dependence of aboriginal communities on the federal government, the latter began to sign financial agreements with the communities. These agreements were very specific and detailed as to what had to be done, how and what expenses were eligible for refund.
In 1983 the Special Committee on Indian Self-Government released its report, known as the Penner report. In that report, the committee severely criticized the financial agreements for leaving very little decision making power to the first nations to apply programs and funds according to their specific capabilities and needs. It was suggested that agreements be signed, which would have more to do with what had to be done than with how it should be done.
Over the years, funding arrangements have evolved to take into account the relationship that exists between the Government of Canada and aboriginal peoples. One of the major features of that relationship is the government's official policy announced in 1995 recognizing the inherent right to self-government, a right that had long been claimed by aboriginal peoples.
In response to the 1996 report of the Royal Commission on Aboriginal Peoples, the Department of Indian Affairs and Northern Development, in the document entitled “Gathering Strength—Canada's Aboriginal Action Plan”, also undertook to implement a new financial relationship with aboriginal peoples and to develop stable funding mechanisms which would encourage the accountability and self-sufficiency of aboriginal communities.
Now, contribution agreements are the primary mechanism through which first nations receive funding. These agreements set out spending conditions, including standards of service to communities, and accountability and performance objectives.
At the present time, first nations are managing 85% of the program budget of Department of Indian and Northern Affairs directly. The department is responsible for the nature, type and enforcement of funding mechanisms. It is therefore responsible for demonstrating to parliamentarians and to the aboriginal peoples who receive the funding that the most appropriate funding mechanisms have been used.
The Bloc Quebecois understands that self-government consists in giving aboriginal peoples authority for managing their own affairs, and making them accountable accordingly. We have absolutely no interest in covering up aboriginal mismanagement, but first nations must be given the opportunity and the means to attain a reasonable level of effectiveness.
The Bloc Quebecois is also aware of the existing shortcomings in accountability. However, the Bloc Quebecois feels that the solution to these problems lies not in requiring separate accountability for aboriginal communities, as the Canadian Alliance called for at the very beginning of the debate, but in establishing a better link between the degree of flexibility necessary in funding mechanisms and the desire and ability of aboriginal peoples to assume responsibility for government funding.
What we are proposing is that the federal government implement all the recommendations made by the Auditor General of Canada; that it improve the management and follow up of financial transfers, and that it develop guidelines for the management of these programs in consultation with aboriginal peoples. Finally, we suggest that the government and the various first nations in Canada to give serious thought to the creation of a position of auditor general for first nations.