Terms of reference

July 2025

1. Mandate and purpose

The Action Plan Advisory Committee will provide advice, upon request and proactively, to the Minister regarding implementation of Action Plan Shared Priority measures, including whole-of-government implementation. The Committee may gather relevant information from departments to inform the development of its advice.

The Committee’s advice complements, and does not replace, the Crown’s statutory obligations under the United Nations Declaration on the Rights of Indigenous Peoples Act to consult and cooperate with Indigenous Peoples, nor does it replace the Crown’s Duty to Consult with Indigenous Peoples.

2. Membership

Members of the Action Plan Advisory Committee shall include First Nations, Inuit, and Métis members who are selected by the Minister from among individuals nominated by First Nations governments and representative institutions, Métis governments and representative institutions, and Inuit Treaty Organizations, or their designates.

The Action Plan Advisory Committee will provide advice to the Minister, consistent with the terms set out in Shared Priority Measure 22, about First Nations governments and representative institutions, Métis governments and representative institutions, and Inuit Treaty Organizations, or their designates that should be solicited for nominees to the Committee.

The Minister may choose to appoint an ex-officio member who is a senior official (i.e., Director General or higher) within the Department to serve on the Committee. The ex-officio member may attend meetings of the Committee but does not actively participate in decision-making.

The senior official will act as a liaison between the Committee and the Department. In this role, the senior official is responsible for:

• Acting as the Department’s official with lead responsibility for the Committee, including decision making on Committee and secretariat administration and operations
• Working closely with the Committee chair (or alternate) on the Committee’s forward agenda and in facilitating and coordinating meetings
• Acting as a liaison between the Committee and the Department, ensuring that information and advice provided by the Committee is shared within the Department
• Acting as a liaison between the Committee and other federal departments and agencies, facilitating to the extent possible the Committee’s access to relevant information from other departments and agencies that it may need and that departments are able to share
• Reporting back to the Committee at the beginning of each meeting on next steps and, if applicable, the impact of the advice received
• Identifying when information and discussions are considered confidential and clarifying expectations regarding this protected information

The Committee may call on Elders, knowledge keepers, youth, or other experts to participate in Committee meetings and inform its work, as needed.

3. Roles and responsibilities

Members of the Action Plan Advisory Committee are responsible for working collaboratively to prepare written advice to the Minister in the form of reports, briefing notes, and other communiqués. In the event that consensus cannot be reached, members are responsible for participating in a vote, should circumstances require.

The chair is responsible for facilitating the development of recommendations by consensus of the Committee. The chair is also responsible for advancing verbal advice to the Minister, as needed.

The Minister, through the ex-officio member of the Committee and the secretariat, is responsible for providing administrative and secretariat support, gathering information from relevant departments, and participating in relevant committees of senior officials to support the Committee’s ability to provide effective and fully informed advice.

4. Governance and advice

Recommendations of the Committee shall be facilitated by a chair (and an alternate chair) selected by Committee members to ensure the Committee operates effectively and inclusively.

The governance structure should promote collaboration and consensus-based recommendations through a distinctions-based approach, which is needed to ensure that the unique rights, interests, and circumstances of First Nations, Métis, and Inuit are acknowledged, affirmed, and implemented.

Recommendations of the Committee, including the preparation of any and all written advice, shall be developed by the consensus of Committee members, where all members actively agree or can at least live with a decision.

5. Advisory process

The Committee shall strive to develop recommendations by consensus while considering the plurality of voices represented by its membership.

Consensus does not imply unanimous agreement but rather respectful deference to the majority based on fair and open discussions. All Committee members have equal opportunities to participate, contribute, and be heard.

In circumstances where there are divergent views among Committee members on a topic, advice may include those alternative perspectives. However, the text of any Committee advice that intends to express the collective advice of the Committee (including text expressing divergent views) shall be approved by way of consensus.

Advice from the Committee to the Minister will be in the form of a written submission and may be published on the Department’s website at the Minister’s discretion, or may consist of verbal advice advanced by the chair. The Committee will invite the Minister (or their delegate) to meet to discuss its advice as needed.

Advice from the Committee is intended to advance the Minister’s responsibilities to implement the Action Plan, which takes place in consultation and cooperation with Indigenous Peoples.

Preparation of advice

The Committee shall prepare its written advice in accordance with the following steps:

• Convening an initial discussion with a quorum of at least six members about the subject matter
• Appointing drafters to prepare advice
• Sharing the draft text prepared by drafters for review by Committee members allowing at least one week for written feedback, and allowing for additional time as needed or requested
• Determining (through the chair) the Committee’s review and support for the prepared advice, including whether there are divergent views
• Convening a follow-up discussion as needed to finalize the written materials

The advice of the Committee shall be transmitted to the Minister by the chair.

Meetings of the Committee

Meeting summaries, highlighting key discussions and recommendations, will be prepared by the secretariat and circulated for review and approval by the Committee. Meeting summaries may be shared within the Department.

To ensure that members speak freely during meetings, the Committee’s meeting notes and reports will be non-attributable.

All Committee members, guests, and departmental secretariat support personnel who may be in attendance at a Committee meeting or privy to Committee information shall keep confidential any information identified by the ex-officio member as confidential.

6. Compensation and reimbursement

Committee members will receive honoraria to enable appropriate recognition of their time, expertise, and contributions, as set out in Annex A (payment schedule), which may be amended as needed.

Committee members will be reimbursed for travel and other related expenses in accordance with National Joint Council directives and departmental policies.

7. Tenure (Length of Appointment)

Members shall be appointed for a 3-year term with the possibility of extension upon Ministerial approval.

8. Code of conduct and ethical considerations

Members are expected to conduct themselves in an appropriate manner. For clarity, members must behave consistently with the principles and values of:

• Good faith
• Mutual respect and honour
• Kindness
• Generosity
• Trust
• Humility
• Honesty
• Integrity

The Committee will uphold intentional inclusion, equity, and diversity of Elders, youth, women, men, persons with disabilities, and gender diverse peoples. The specific needs, experiences, identities, abilities, and acknowledgement of these populations will be respected and taken into consideration with an inclusive and intersectional approach that considers the principles of gender-based analysis as well as the social determinants of intersecting identities.

9. Secretariat support

The Department shall offer secretariat support to the Committee through the UN Declaration Act Implementation Secretariat (UNDAIS).

The secretariat will:

• Adopt an inclusive and antiracist approach to its work, in accordance with the Values and Ethics Code for the Public Sector
• Support preparation of meeting agendas, summary notes, and proceedings
• Coordinate translation of materials where required
• Provide administrative and communications support to the Committee, including organizing meeting logistics, including interpretation, and arranging compensation and reimbursements
• Prepare information and conduct background research as required for the Committee
• Share information that supports drafting of advice to be prepared by the Committee to the Minister
• Maintain a list of forward agenda items
• Carry out any additional duties, as appropriate, in support of the Committee