Smart Cities Challenge Final Proposal

Chapter 9 – Implementation phase requirements

March 5, 2019

 

Chapter 9 – Implementation phase requirements
 
This chapter requires you to identify and provide the plans for meeting applicable municipal, provincial, and federal reporting and legislative and policy requirements, should you be selected as a winner.
 

These requirements are:

  • Duty to Consult with Indigenous groups: The common law duty to consult is based on judicial interpretation of the obligations of the Crown (federal, provincial and territorial governments) in relation to potential or established Aboriginal or Treaty rights of the Indigenous peoples of Canada, recognized and affirmed in section 35 of the Constitution Act, 1982 . In Canada, the duty to consult with and accommodate with Indigenous peoples arises when the Crown contemplates actions or decisions that may affect an Indigenous person’s Aboriginal or Treaty rights. The Duty to Consult is a constitutional duty that invokes the Honour of the Crown and it must be met. The duty is triggered at a low threshold: all that is required is contemplated Crown conduct resulting in a potential adverse impact to a credible claim. In addition to fulfilling legal obligations to engage with modern treaty holders and self-governing Indigenous groups, finalists may also consult on the basis of the Duty to Consult or as a good governance practice.
  • Modern Treaty Obligations: Modern Treaties (also called Land Claim Agreements) are a key component of Canadian nation-building. They advance the shared objective of reconciliation, promote strong and sustainable Indigenous communities, and advance national socio-economic objectives, to the benefit of all Canadians. Treaties are legally binding and constitutionally protected agreements that set out specific rights, benefits and obligations for the signatories. Treaty provisions will vary from treaty to treaty. Treaties and treaty rights also vary depending on the time and circumstances in which they were negotiated.
  • Community Employment Benefit (CEB): The Investing in Canada plan (under which the Challenge is funded) encourages project planners and communities across the country to take advantage of their infrastructure projects to support the diversification of recruitment, training, and procurement practices. Identify your plan to target and report upon CEB requirements, should you become a winner. The CEB can also be linked to your diversity and inclusion considerations given that many of the targeted groups overlap. Winners will need to identify employment and/or procurement opportunities for at least three of the following groups: apprentices; Indigenous peoples; women; persons with disabilities; veterans; youth; recent immigrants; and small, medium, and social enterprises. CEB guidance can be found here.
  • Climate Lens Assessment (CLA): The CLA has been designed as a framework for assessment and reporting for any projects that either (1) deal directly with greenhouse gas mitigation or climate change adaptation, or (2) are funded by the program in the amount of $10 million or above. The Investing in Canada plan (under which the Challenge is funded) encourages planners to consider the climate impacts of any project funded under the program. The Climate Lens Assessment (CLA) is intended to provide meaningful insight into the climate impacts of individual projects, and encourage improved choices by project planners consistent with shared federal, provincial, and territorial objectives articulated in the Pan-Canadian Framework for Clean Growth and Climate Change, including a commitment to reduce Canada’s greenhouse gas (GHG) emissions by 30% below 2005 levels by 2030. CLA guidance can be found here.
  • Other applicable laws and regulations and policies, including any cases of change or exemption to legislation and regulations that may apply to projects

 

Evaluation criteria

  • Plans for meeting relevant municipal, provincial, and federal reporting and legislative requirements are provided and serve as sufficient groundwork for the implementation phase should the finalist be selected as a winner
  • Risk strategy is thorough and adequately addresses key risks

 

Chapter 9 – Implementation phase requirements

 

Introduction

Biigtigong Nishnaabeg is committed to meeting the applicable municipal, provincial and federal reporting and legislative and policy requirements should we be selected as a winner.
 

Duty to Consult with Indigenous Groups

Biigtigong Nishnaabeg is a First Nation community and therefor the Duty to consult with indigenous groups does not apply. However, with that being said, we want to acknowledge that Biigtigong Nishnaabeg has policy regarding Duty to consult. This document outlines how Biigtigong Nishnaabeg expects to be approached regarding activities within their traditional territory. This guideline establishes Biigtigong’s expectations, policies and practices for governments and others to follow when consulting with them. Our Smart Cities Team reviewed this policy as we were developing our engagement strategy with the community. We wanted to build upon best practices established in the community and develop a solid engagement strategy.
 

Modern Treaty Obligations

With the exception of six First Nations, Biigtigong being one, the area First Nations are signatories to the Robinson-Superior Treaty of 1850. There are no modern treaties in the Biigtigong Nishnaabeg traditional territory or shared territory with surrounding First Nations.
 

Canada’s Community Employment Benefit (CEB)

Projects supported by the Investing in Canada Infrastructure Program provide an opportunity to promote increased employment opportunities for a broader array of Canadians. The Smart Cities Challenge requires the finalist to identify employment and/or procurement opportunities for at least three of the targeted groups and how Biigtigong intends to report upon CEB requirements, should we become a winner.
 

To meet these requirements Biigtigong has selected the following 3 target groups: Indigenous peoples, woman and youth. The main beneficiary of our Smart Cities proposal is Canada’s Indigenous youth. Our projects are specifically aimed at this group with the ultimate goal of making them more educated and more employable. We will include woman as a specific category that we will also target. We will ensure our indicators for success specifically capture data on these 3 identified groups, in terms of their participation in our projects. We anticipate that 90% of our participants will come from one of these groups.
 

Additionally, we will utilize our procurement strategies and direct our hiring towards these 3 groups. We expect that at least 80% of our work force for this project will be Indigenous, a youth or a woman. It will be very easy to meet these targets and to track the relevant supporting data.
 

Reporting on the CEB Requirements

As per the CEB requirements, we will report annually on the progress made. Should we be selected as a winner, we will develop a detailed strategy that also defines our reporting requirements. CEB requires some specific information and we will accommodate this requirement. For example, we need to track the number of hours worked by the target population and/or the value of contracts awarded to the target groups. Our accounting software allows us to easily track this information.
 

A qualitative narrative that describes the progress made is also required. The narrative will provide information on both the successes and challenges experienced in meeting our targets. We understand Biigtigong Nishnaabeg – Smart Cities Final Proposal Page 130 of 131 that this information will help in developing Canada’s strategies to offer more diversified employment and procurement opportunities.
 

We will develop specific reporting mechanisms to support any requirements or conditions of being a selected a winner. We have experience establishing targets, monitoring progress and being flexible to respond to issues.
 

Risks and Mitigating Strategies