Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation

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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 partners, including the Indigenous Leadership Circle in Research (ILCR); First Nations, Métis and Inuit 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.

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 First Nations, Inuit and Métis applicants are held by First Nations, Inuit and Métis applicants.

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.

Applicants and institutions are encouraged to consult the program guidelines specific to the program or funding opportunity for information as to whether the specific program or opportunity has been phased in.

3.1 Core principles

The agencies’ commitment to Indigenous rights and reconciliation is supported by key principles that guide the interpretation of this Policy and of its associated Directive, including: 

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 as specified within the program or funding opportunity literature, within the context of the following opportunities:

Applicants are encouraged to consult the program- or funding opportunity-specific literature for further information about which applicants, as a function of their roles in the project (e.g., lead applicant, co-applicant, collaborator, etc.) will be required to affirm their citizenship or membership for specific opportunities. 

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’s 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 of this Policy.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.

Per the Agreement on the Administration of Agency Grants and Awards by Research Institutions, institutions administering agency funds are responsible to develop and implement effective and equitable policies, administrative systems, procedures and controls to ensure that all activities funded by an agency are conducted in compliance with all legislated requirements, agency policies and procedures, and grant and award funding agreements.

Additionally, applicants are encouraged to consult institutional policies or regulations within their institution related to the administration of awards or grants for First Nations, Métis or Inuit applicants. As distinct from the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation, compliance with these policies or regulations may be required by the institution for the institution to accept the administration of the award.

To support a wide range of affirmations, applicants must affirm under one of the following options: 

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 statement with supporting documentation and reference

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 supporting information, as specified in the Directive, related to their relationship to an “Indigenous collective” included within the meaning of the term in this Policy. 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 submission. 

Option 3: Institutional attestation

Institutions eligible to administer tri-agency funds with an existing policy on Indigenous citizenship, membership or identity verification may provide a complete institutional attestation affirming that the individual applying for funding has met certain standards, if these standards are identical in both policies. If an institutional policy accepts the same documents as the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation and associated Directive, a complete institutional attestation may be provided affirming that the individual applying for funding has met these standards, in lieu of the submission of documents by the applicant to the agency.

In all cases, applicants should consult the Directive on the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation for details on the requirements for an institutional attestation. Unless stated otherwise in the program or funding opportunity literature, institutions are not required to provide the institutional attestation option. 

3.4 Privacy

The information collected under the Policy supports privacy and transparency through the CARE principles for Indigenous Data Governance, including:

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 Privacy Notice Statement related to the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation.

Affirmation information may also be shared with the Secretariat on the 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”), or other parties as indicated within on the privacy notice statement related to the Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation.

4. Effective date

4.1 General effective date

This Policy is 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:

5.2 Granting agency presidents

In both the policy development and implementation phases, the granting agency presidents are accountable to:

5.3 Granting agency staff

In both the policy development and implementation phases, all agency staff are accountable to:

6. Policy compliance

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.

The Compliance Oversight Committee will be entrusted to deliver a recommendation to the president of the agency program implicated in allegations brought forward to the Committee. In select cases, the Committee may also be asked to review information submitted by applicants, as needed. The Compliance Oversight Committee will not interfere with the jurisdiction of Indigenous governments; rather, their role is to provide general advice where required, and to recommend appropriate administrative recourse in the case of confirmed allegations.

The Compliance Oversight Committee will be composed of First Nations, Métis and Inuit individualsf who are representative of diverse research communities and inclusive of urban, remote and northern populations, and of Two Spirit and/or LGBTQIA+ 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. 

To support compliance for the Policy, administrative recourse that can be recommended by the Compliance Oversight Committee for misrepresented claims of Indigenous citizenship and/or membership span the full range of measures outlined in 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 related to one or more funding applications 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.

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, 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.

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.

Indigenous collective

An “Indigenous collective” within the context of Tri-Agency Policy on Indigenous Citizenship and Membership Affirmation, refers to:

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:

  1. that is based on facts which have not been the subject of a previous investigation;
  2. that falls within the scope of programs in scope of the Tri-Agency Policy and/or Directive on Indigenous Citizenship and Membership Affirmation; and,
  3. which would, if proven, have constituted a breach at the time the alleged breach occurred.

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