Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation
1. Preamble
The Canadian Institutes of Health Research (CIHR), the Natural Sciences and Engineering Research Council of Canada (NSERC), and the Social Sciences and Humanities Research Council of Canada (SSHRC) (the federal research funding agencies) were tasked with establishing a common set of principles and guidelines to better understand issues relating to Indigenous citizenship and membership, to ensure opportunities intended for Indigenous people are being provided to Indigenous people, and to support the integrity and authentic representation of Indigenous knowledge.
The Tri-Agency Ad Hoc Working Group on Indigenous Citizenship and Membership (the “Working Group”) engaged with a range of key partners including the Indigenous Leadership Circle in Research (ILCR), Indigenous organizations and communities, academic institutions, Indigenous scholars/experts and federal departments to gather perspectives, insights and other helpful information to inform the policy. The What We Heard report reflects what partners shared and provided the foundations for the elaboration of this policy.
The agencies acknowledge that their offices, located in Ottawa, are on the unceded, unsurrendered Territory of the Anishinaabe Algonquin Nation whose presence here reaches back to time immemorial. The three agencies recognize the Algonquins as the customary keepers and defenders of the Ottawa River Watershed and its tributaries. We honour their long history of welcoming many Nations to this beautiful territory and uphold and uplift the voice and values of our Host Nation.
Further, the agencies respect and affirm the inherent and Treaty Rights of Indigenous Peoples across this land. The agencies have and will continue to honour the commitments to self-determination and sovereignty we have made to Indigenous Nations and Peoples. The agencies acknowledge the historical oppression of lands, cultures and the original Peoples in what we now know as Canada and fervently believe that Indigenous research in all fields contributes to the healing and decolonizing journey we all share. The agencies further assert the importance of acknowledging members of global Indigenous communities, as articulated in the context of this policy.
2. Policy objective
The objective of the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation is to establish a process focused on the affirmation of Indigenous citizenship or membership, that will provide reasonable assurance that programs, funding opportunities and/or appointments intended for Indigenous people are held by Indigenous people.
3. Policy statement
This policy establishes a process for affirming Indigenous citizenship and/or membership within an Indigenous collective where opportunities may be dedicated to Indigenous Peoples or in cases where the claim of Indigenous citizenship or membership may be a consideration in the granting of the award or position. The agencies maintain that for Indigenous-specific funding opportunities or positions as outlined under section 3.2 – Scope, affirmation of Indigenous citizenship or membership with substantiating documentation is a key component of responsible and ethical research.
For clarity, the policy does not change existing program guidelines or criteria that refer to who can apply or hold the funding for certain opportunities. In other words, should an opportunity be dedicated to First Nations, Inuit or Métis researchers holding citizenship or membership in an Indigenous collective in Canada, the policy and associated provide mechanisms under which those applicants may affirm, but does not change the requirement that applicants should be First Nations, Inuit or Métis from Canada. Applicants and institutions are encouraged to consult the program guidelines specific to the program or funding opportunity for information as to who is eligible to apply or hold funding.
3.1 Core principles
The agencies’ commitment to Indigenous rights and reconciliation are supported by key principles, including:
- Truth, to encourage applicants to be truthful and to reflect their lived experience, as well as to acknowledge the harms caused by those benefitting from opportunities on the basis of fraudulent claims;
- Respect, to respect the truths of the individual, to account for the work already completed or in progress within various Indigenous communities, Nations and research organizations and to ensure that any action does not generate undue administrative burdens or delays on researchers and institutions;
- Courage, recognizing that it takes courage to stand as an Indigenous person given the history and contemporary realities of colonization and to undertake the work necessary in the complex space of citizenship and membership and in collaboration with Indigenous Peoples and with Indigenous researchers;
- Rigour, to assert the importance of integrity within a process that stems from a clear understanding of the issues, the work accomplished to date, and ongoing engagement with Indigenous scholars on this issue;
- Self-determination, to contribute to the protection and preservation of Indigenous Knowledge as well as to underscore the rights of Indigenous Peoples to determine their own citizenship or membership, including in distinctions-based ways and inclusive of the principles of Indigenous data sovereignty;
- Justice, to recognize the way in which Indigenous identities, including claims to citizenship and membership, have been profoundly impacted by colonization and the right of those who have been disenfranchised to reclaim their citizenship or membership within a just society that will respect principles of restorative justice where actions have resulted in the violation of individual or collective rights;
- Connection, to refer to the role of ancestral and/or community connections, including kinship and other connections, when moving beyond self-identification;
- Flexibility, to recognize the complexity of communities’ determination of Indigenous citizenship and membership and to take care to ensure that these complexities are addressed in a way that is respectful, compassionate, and that acknowledges those who are in the process of reclaiming citizenship and membership, recognizing the intersectionality of their experiences of systemic discrimination and inequality, in communities’ determination of citizenship and membership; and,
- Inclusivity, to acknowledge the intersectional ways in which colonial structures and processes have worked to disenfranchise rights-holders through policy, legislation and practice and to consider the importance of supporting applicants through challenges they may face in confirming their citizenship or membership, where colonial processes have undermined or severed historical community ties.
In addition, this policy supports the Principles respecting the Government of Canada’s relationship with Indigenous Peoples.
3.2 Scope
This policy will apply to Indigenous applicants within the context of the following opportunities:
- Indigenous-specific tri-agency and agency-specific funding opportunities per program guidelines and equity targets;
- Special appointments and/or advisory committees (including the extent of its application to advisory roles), where members are intended to be Indigenous people, and as applicable in the context of merit review committee members;
- Open programs or general funding opportunities, as relevant to program objectives and equity targets, if any, and specified in the program or funding opportunity literature, and inclusive of programs wherein research projects are expressly intended to be led by Indigenous researchers as applicants, project directors or principal investigators; and
- Student awards specifically targeted to Indigenous students or as relevant to program objectives and equity targets.
Those wishing to self-identify as Indigenous without supporting documentation may still do so, with the understanding that programs, funding opportunities or appointments as detailed under the policy scope may be restricted, as a condition of funding, to those who have provided a full affirmation with supporting documentation.
3.3 Requirements
The agencies will implement Indigenous citizenship/membership affirmation for candidates as specifically outlined in program-specific or opportunity-specific documentation. The affirmation process will include an acknowledgement of responsibility for the affirmation, noting that providing false, fraudulent or misleading information about one’s citizenship or membership may result in an investigation as detailed under Section 6.1. If the investigation is founded, corrective actions may be implemented, including but not limited to the revocation of award or appointment.
Under opportunities within scope of the policy, the applicant must abide by the terms and conditions of the award as set out in the funding opportunity and the notification of results (decision documents/conditional notice of award) sent by the agency and have met all the eligibility requirements as outlined in the funding opportunity and the notification of results (decision documents), as well as continue to meet these requirements throughout the duration of the award.
To support a wide range of affirmations, supporting documents must fall under one of the following options and, if submitted in a language other than English or French, must include a translation in either English or French:
Option 1: Official documents
Applicants may submit official documentation to support their claim of Indigenous citizenship or membership in an Indigenous collective. Applicants should consult the Directive on the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation for details on the variety of supporting documentation that will be accepted as part of this process.
Option 2: Personal declaration with supporting reference
To support individuals who have been removed from their communities and Nations due to colonial policies in affirming their claims of Indigenous citizenship/membership under this policy, and those experiencing intersecting forms of discrimination and inequality, and to recognize those still in the process of reconnecting, a candidate not in possession of official documentation listed in the Directive on the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation (Option 1) may submit a statement about their existing lived experiences and ongoing relationship to a legally recognized and inherent Indigenous community, Nation or People.
Applicants should consult the Directive on the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation for details on the information that must be included in this Personal Declaration.
Option 3: Institutional attestation
Institutions eligible to administer tri-agency funds with an existing policy on Indigenous citizenship or membership that aligns with this one may issue a statement to the effect that the individual applying for funding has met its own verification or affirmation standards, in lieu of the submission of documents by the individual applicant to multiple agencies.
Applicants should consult the Directive on the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation for details on the requirements for Institutional Attestation. Institutions are not required to provide the Institutional Attestation option. In these cases, applicants should use Options 1 or 2.
3.4 Privacy
The information collected under the policy supports privacy and transparency through the CARE principles for Indigenous Data Governance ,(PDF document, 784 KB) including:
- Collective Benefit: Data ecosystems will be designed and function in ways that enable Indigenous Peoples to derive benefit from the data. In this case, the collection of data under this policy supports Indigenous rights holders in deriving benefit from agency-funded programs, opportunities and/or appointments dedicated to Indigenous people.
- Authority to Control: Indigenous Peoples’ rights and interests in Indigenous data are recognized and their authority to control such data is empowered through the voluntary provision of affirmation information and documentation. The flexibility provided under multiple options for submission reflects the rights of Indigenous Peoples to determine how they are represented within the data in terms of the voluntary provision of information related to their citizenship, membership, or through the process of self-identification if they choose not to affirm.
- Responsibility: Those working with Indigenous data have a responsibility to share how those data are used to support Indigenous Peoples’ self-determination and collective benefit. In this case, data will be used to ensure that opportunities dedicated to Indigenous people are held by them and to contribute to the protection of Indigenous Knowledge through the lens of self-determination.
- Ethics: Indigenous Peoples’ rights and wellbeing are the primary concern at all stages of the data life cycle and across the data ecosystem, within the context of efforts to minimize the burden on Indigenous applicants within this process and to protect confidentiality of the information submitted.
Further, the agencies recognize and support distinctions-based frameworks for Indigenous data governance, such as the First Nations Principles of OCAP, the National Inuit Strategy on Research and the Inuit Nunangat Policy, the Red River Métis’ Community Research and Ethics Protocol, and others as may be determined relevant.
Information collected under this policy will be used for administrative purposes as defined within the Privacy Act, including eligibility for dedicated funds and recruitment for committees or special appointments, as well as for non-administrative purposes as defined within the Privacy Act, such as the monitoring and reporting on the equity and inclusivity of agency programs and funding opportunities. Specifically, this information will be accessed by staff for the purpose of confirming eligibility within in-scope opportunities as related membership or citizenship affirmation.
Further, aggregate reporting on the number of full affirmations with documentation versus the number of self-identified Indigenous people without full affirmation may be used for statistical and tracking purposes in an anonymized way, as noted on the Consent for the Collection and Use of Information related to the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation.
Affirmation information may also be shared with the Secretariat on Responsible Conduct of Research to be used in accordance with the Tri-Agency Framework: Responsible Conduct of Research in the context of an allegation of misrepresentation (see “6.3 Allegations of Misrepresentation”), as noted on the Consent for the Collection and Use of Information related to the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation.
4. Effective date
4.1 General effective date
This policy is generally effective as of October 1, 2024, with specific implementation dates to be determined for programs and/or opportunities per its related guidelines or terms and conditions. As part of a phased implementation, applicants are encouraged to carefully review specific program guidelines for its applicability to their specific program or funding opportunity, including requirements related to the renewal of funding or the opportunity, as applicable.
4.2 Transitional considerations
Guidelines and/or terms and conditions of funding opportunities, funding programs or appointments that have been approved before the effective date of this policy remain in effect until a) their expiry date or b) the date of a decision for continuation or amendment made under this policy, whichever is earlier. Further, an award, grant or opportunity entered into before the effective date of this policy remains in effect until its expiry date. However, it may be amended by the department with the approval of the recipient to reflect the requirements of this policy.
5. Policy oversight
5.1 Indigenous Leadership Circle in Research
As part of its mandate to advise, monitor and provide oversight on the implementation and progress of Setting New Directions to Support Indigenous Research and Research Training in Canada, the tri-agency strategic plan, and the Indigenous Leadership Circle in Research (ILCR)—whose mandate includes monitoring and oversight—will work to support policy development and implementation guidance as reflective of the needs of the policy.
In both the policy development and implementation phases, the ILCR is accountable to:
- provide general and specific advice related to the implementation guidance to align with the approved policy;
- provide general advice in relation to the policy if it is found in need of modification or update; and,
- ensure the guidance is grounded in cultural teachings that are relevant to Indigenous Peoples to provide respectful and inclusive space for those that use and engage with the policy, and ensure the guidance takes other compounding forms of oppression and discrimination into account.
5.2 Granting agency presidents
In both the policy development and implementation phases, the granting agency presidents are accountable to:
- operationalize the guidance over the two years following policy approval; and
- on an ongoing basis, manage this policy including implementation, policy education, monitoring, review and amendment.
5.3 Granting agency staff
In both the policy development and implementation phases, all agency staff are accountable to:
- on an ongoing basis, understand the need to safeguard Indigenous Peoples, Indigenous cultures, Indigenous values and Indigenous languages within the tri-agency spaces and resources within their scope of influence and authority.
6. Policy compliance
Beyond the development of the policy, issues arising from its application, including actions related to complaints and allegations, may require oversight. Falsification of claims of Indigenous citizenship and/or membership will be regarded as a breach of tri-agency policy and subject to the appropriate consequences as set out by SSHRC, CIHR and NSERC policies or funding opportunities. Where required, oversight in select cases that cannot be resolved with the applicant and the claimed Indigenous collective will be delegated to the Compliance Oversight Committee (see section 6.2 below), with the ultimate decision resting with the tri-agency president under whose authority the award or appointment was originally made.
To support compliance for the policy, consequences for misrepresented claims of Indigenous citizenship and/or membership, span the full range of measures outlined in section 6.1.3 of the RCR framework, which includes but is not limited to revocation of the award, recovery of award funding or temporary or permanent ineligibility to apply to future competitions, subject to the severity and individual circumstances surrounding the breach.
6.1 Allegations of misrepresentation
Individuals or institutions may report what they perceive to be a misrepresented claim of Indigenous citizenship or membership. Claims should be made in good faith and provide clear and credible evidence as to why the individual believes the accused to be in violation of the policy. Any allegation must be related to an in-scope program, opportunity or appointment, under this policy, and must be identified in the allegation. Allegations of this nature must provide clear evidence as to why the respondent is alleged to be in violation of the policy.
There are two types of allegations under this Policy:
6.1 (a) Allegations related to applications for agency grants or awards
Individuals or organizations may report what they perceive to be misrepresentation of a claim of Indigenous citizenship or membership to their institution's designated point of contact for matters pertaining to the Responsible Conduct of Research in accordance with Article 3.2: Roles of Individuals in Addressing Allegations of Policy Breaches, of the RCR Framework.
Any decision on the case in question will be communicated directly with the applicant against whom the allegation was made, and with the host institution and/or with the institution authorized to administer agency funding. Note that any decision rendered that may result in a change to the applicant’s eligibility may be shared with the host institution and/or with the institution authorized to administer agency funding.
Those wishing to make a formal allegation should consult the Directive on the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation for details on the process linked to submitting allegations under stream 6.1.a.
6.1 (b) Allegations related to others in scope elements, including special appointments and/or advisory committees, and as applicable in the context of merit review
Individuals or organizations may report what they perceive to be a misrepresented claim of Indigenous citizenship or membership related to special appointments and/or advisory committees, and as applicable in the context of merit review, to the agency responsible for appointment.
Any decision on the case in question will be communicated directly with the applicant against whom the allegation was made, and with the host institution and/or with the institution authorized to administer agency funding. Note that any decision rendered that may result in a change to the applicant’s eligibility may be shared with the host institution and/or with the institution authorized to administer agency funding.
Those wishing to make a formal allegation should consult the Directive on the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation for details on the process linked to submitting allegations under stream 6.1.b.
6.2 Compliance Oversight Committee
The Compliance Oversight Committee will be entrusted to examine select submitted complaints or allegations, and to deliver a recommendation to the President of the agency program implicated in the complaint or allegation. In select cases, the Committee may also be asked to review information submitted under Option 2: Personal Declaration with Supporting Reference.
The committee will be composed of First Nations, Métis and Inuit individuals who are representative of diverse research communities and inclusive of urban, remote and northern populations, and of Two Spirit and/or 2SLGBTQI+ people and those experiencing intersecting forms of discrimination and inequality. Committee members will adhere to a strict code of confidentiality in all matters related to this policy and are prohibited from discussing any allegations or complaints submitted outside of the committee’s deliberations.
7. Policy review
This policy will be approved by the funding agency presidents. The agencies will review and iteratively revise this policy within two years of its implementation and, as appropriate, in collaboration with Indigenous communities, with its advisory bodies including the Indigenous Leadership Circle in Research, and with the Compliance Oversight Committee.
8. Meaning of terms
For the meaning of terms used in this policy, please refer to "Glossary”.
9. Enquiries
For general inquiries related to this Policy, members of the public should contact the Indigenous Strategy Division (indigenous-autochtone@sshrc-crsh.gc.ca).
Glossary
- Administering institution
Organization that receives and administers grant funds on behalf of the Agency and the grant recipient.
- Agency
One of CIHR, NSERC and SSHRC.
- Allegation
A declaration, statement or assertion communicated in writing to an institution or agency to the effect that there has been, or continues to be, a breach of one or more agency policies, the validity of which has not been established.
- Breach
A breach of the Tri-Agency Policy and/or Directive on Indigenous Citizenship and Membership Affirmation is the failure to comply with the requirements of the policy within the life cycle of a research project—from application for funding, to the conduct of the research and the dissemination of research results—or the failure to comply with the requirements of the policy within the term of an appointment or special opportunity.
- Citizenship
Refers to the political status of those who belong to a political entity and who are qualified to participate in the government and political life of the community or Nation. In Indigenous context, citizenship codes may vary by community and may include both obligations and responsibilities of citizens that are related to their traditional or contemporary roles.
- Consent
An indication of agreement by an individual, or their authorized third party, to become a participant in a research project. Throughout this Policy, the term "consent" means "free (or voluntary), informed and ongoing consent.
- Enrollment
Enrollment refers to criteria set forth in tribal constitutions, articles of incorporation or ordinances. The criterion varies from tribe to tribe, contributing to varying membership requirements for different groups. Enrollment may include proof of lineal descendance from someone on the tribe’s base roll or a relationship to a tribal member who descended from someone named on the base roll. Other conditions may also be part of enrollment, including but not limited to tribal blood quantum, tribal residency or continued contact with the tribe.
- Indigenous Knowledge
There is no single definition of Indigenous Knowledge. For our purposes, we understand "Indigenous Knowledge" as a term that refers to a set of complex knowledge systems based on the worldviews of Indigenous Peoples. Indigenous Knowledge reflects the unique cultures, languages, values, histories, governance and legal systems of Indigenous Peoples. It is place-based, cumulative and dynamic. Indigenous Knowledge systems involve living well with, and being in relationship with, the natural world. Indigenous Knowledge systems build on the experiences of earlier generations, inform the practice of current generations, and evolve in the context of contemporary society. Different First Nations, Inuit and Métis communities, as well as global communities, each have distinct ways of describing their knowledge. Knowledge Holders are the only people who can truly define Indigenous Knowledge for their communities. Return to reference in document
- Indigenous collective
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An “Indigenous collective” within the context of Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation, refers to:
- In Canada, First Nations operating under the Indian Act;
- In Canada, Inuit rights-bearing collectives as referenced under the Inuit Nunangat Policy;
- In Canada, Métis Representative Organizations;
- In Canada, Indigenous collectives in the process of negotiation through Recognition of Rights and Self-Determination instruments, including through Treaties, Legislation, Contracts and Memoranda of Understanding, and/or through Framework Agreements, Agreements-in-Principle, and Memorandum of Understanding which represent the three steps of agreements related to Comprehensive Land Claims and Self-Government agreements;
- In Canada, Indigenous Peoples with Consultation Protocols relating to projects on their lands and territories, as well as those included in the Manitoba Métis Federation’s Resolution 8 (PDF document, 58.5 KB);
- In Canada, an Indigenous collective with an existing Treaty relationship with the Government of Canada or with the Crown;
- In Canada, an Indigenous collective with an existing Comprehensive Land Claim;
- In Canada, an Indigenous collective with an existing Self-Government Agreement;
- In Canada, Indigenous collectives who are beneficiaries of Specific Claims;
- In Canada, an Indigenous collective bearing a standing legal decision by a court or by the Canadian Human Rights Tribunal that a group has met the Powley test;
- In the United States, a federally recognized tribe;
- In the United States, a state-recognized tribe; and,
- In the United States, Indigenous Hawaiians (Kānaka Maoli/Native Hawaiians). Return to reference in document
- Inquiry
The process of reviewing an allegation to determine whether the allegation is responsible, the particular policy or policies that may have been breached, and whether an investigation is warranted based on the information provided in the allegation.
- Investigation
A systematic process, conducted by an institution’s investigation committee, of examining an allegation, collecting and examining the evidence related to the allegation, and making a decision as to whether a breach of the policy or directive has occurred.
- Membership
Refers to the state or status of being a member. In First Nations context, band membership entitles band members to live on reserve cote in band elections and referendums, and share in band assets. Under section 10 of the Indian Act, bands may have their own membership codes if a majority of band electors consent to these codes, and if these membership codes do not deprive membership to those who acquired membership under previous rules.
- Misrepresentation
Refers to falsifying information, or presenting information improperly, or to providing incomplete, inaccurate or false information in a grant or award application or related document.
- Respondent
An individual who is identified in an allegation as having possibly breached the Tri-Agency Policy and/or Directive on Indigenous Citizenship and Membership Affirmation.
- Responsible allegation
-
Under the Tri-Agency Policy and/or Directive on Indigenous Citizenship and Membership Affirmation, an allegation:
- that is based on facts which have not been the subject of a previous investigation;
- that falls within the scope of programs in scope of the Tri-Agency Policy and/or Directive on Indigenous Citizenship and Membership Affirmation; and,
- which would, if proven, have constituted a breach at the time the alleged breach occurred.
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