Reconciliation Action Plans In Canada: Origins, Issues and Opportunities

SUMMARY

The publication of Reconciliation Action Plans (RAPs) by Canadian companies has substantially increased since 2021. As a result, questions and concerns have been raised by Indigenous communities and organizations in Canada, and internationally, whose rights, title, and interests have been, and continue to be significantly impacted by the actions of Canadian companies. By examining the origin of RAPs in Australia and Canada, and identifying emerging themes, metrics, issues, and opportunities, this paper both recognizes and supports the essential role of Indigenous leadership in shaping the future of RAPs in Canada.

INTRODUCTION

“Reconciliation isn’t for wimps—it takes grit, courage, and a willingness to be uncomfortable. On this day of Truth and Reconciliation, we are calling on corporate Canada to apply these concepts to the increasingly popular reconciliation action plans, so that they can move beyond performance towards meaningful and measurable disclosure and change. If done well, reconciliation action plans could be a catalyst for real genuine transformation.”

Grand Chief Stewart Phillip, Syilx Nation, President of the Union of BC Indian Chiefs (UBCIC)

Reconciliation Action Plans (RAPs) are frameworks utilized by organizations to guide and operationalize their commitment to reconciliation with Indigenous Peoples. RAPs were first introduced in Australia in 2006 by the independent not-for-profit organization Reconciliation Australia, and nearly a decade later, the concept was imported to Canada, with the first plan published in 2016.

Several Canadian companies have started to develop RAPs, with a primary focus on the economic elements of Indigenous reconciliation as outlined by the Truth and Reconciliation Commission’s (TRC) Call to Action 92, including improving Indigenous peoples access to jobs, training, and education, and procurement opportunities, and providing Indigenous cultural awareness education for management and staff. The production of RAPs by publicly traded Canadian companies has substantially increased since the uncovering of 215 unmarked graves at the site of the former Kamloops residential school in 2021, and in 2024, several major Canadian financial institutions announced that they would produce RAPs.

As the number of corporate RAPs has increased, questions and concerns have been raised by Indigenous communities and organizations in Canada, and internationally, whose rights, title, and interests are impacted by the actions of Canadian companies. These include concerns that the development of RAPs in Canada is done without any form of centralized oversight. Unlike in Australia, RAP development in Canada rarely includes meaningful and substantive engagement with impacted and interested Indigenous communities and peoples; and often fails to incorporate the principles outlined in the United Nations Declaration on the Rights of Indigenous Peoples, including commitments to obtain Free, Prior, and Informed Consent (FPIC), amongst other issues.

Indigenous leaders, legal experts, investors and other stakeholders have also identified several concerning trends and issues with Canadian RAPs, including ambiguous commitments, targets, and timelines, and a need for regular, transparent, and standardized reporting. With support, and constructive guidance from Indigenous communities and organizations, RAPs can be a valuable tool for advancing truth and reconciliation in Canada, and ensuring that Indigenous rights, title and interests are prioritized and protected.

Origins: Reconciliation Action Plans in Australia

Reconciliation Australia was founded in 2001 as an independent, not-for-profit organization to serve as the governing body overseeing reconciliation efforts in Australia. Reconciliation Australia promotes and facilitates reconciliation by building relationships, respect and trust between the wider Australian community and Aboriginal and Torres Strait Islander peoples.

To support this mandate, Reconciliation Australia developed a progressive framework for Reconciliation Action Plans (RAPs). The framework introduces four distinct levels, each with specific and incrementally expanding objectives, timeframes, prerequisites, criteria, and expectations assigned to it, including annual progress reporting. RAP objectives are generally focused on a company’s Indigenous engagement, cultural learning process, and employment and procurement strategies. When a company seeks to join the RAP program, Reconciliation Australia determines the specific RAP level based on the criteria they meet. The Reconciliation Australia RAP levels and framework can be read in its entirety here.

Guiding principles for RAPs in Australia

RAPs, as outlined by Reconciliation Australia, are based on the core pillars of relationships, respect, and opportunities, all of which are underpinned by governance and reporting.

Reconciliation Australia asserts that without strong governance and accountability structures genuine implementation of reconciliation initiatives are not possible. An effective RAP must:

1. Be guided by Aboriginal and Torres Strait Islander voices
2. Demonstrate accountability, transparency and commitment to continued learning by reporting RAP achievements, challenges, and learnings internally and externally
3. Embed resourcing, capability, and support for the RAP across all levels of the organization
4. Establish strong internal governance and accountability measures
5. Provide ongoing reporting on reconciliation commitments, including the RAP Impact report from Reconciliation Australia

RAP types

The four types of RAPs – Reflect, Innovate, Stretch and Elevate, are distinct and designed to meet organizations where they at in their reconciliation journey, and support their continuous performance and improvement.

Reflect RAP: Building Strong Foundations

Reflect RAPs are developed over the course of 12-18 months. This entry level RAP targets organizations at the earliest stage of reconciliation integration and aims to prepare organizations for future RAP development and reconciliation initiatives. Activities at this stage are primarily focused on engaging staff and leaders in the organization around understanding reconciliation and the importance of embedding it in corporate policies and plans. This stage also includes relationship-building with Aboriginal and Torres Strait Islander stakeholders and scoping out how the organization can best have an impact on reconciliation.

Innovate RAP: Implementing Change

Innovate RAPs are developed over the course of two years. It targets organizations who have completed the Reflect RAP or who have demonstrated reconciliation support across the organization including senior leadership, and efforts to develop governance structures such as a RAP working group with Aboriginal representatives. The Innovate RAP focuses on strengthening relationships with Aboriginal and Torres Strait Islander people and pursuing strategies for further reconciliation commitments and to empower Aboriginal and Torres Strait Islander people.

Stretch RAP: Reconciliation Leadership

Stretch RAPs are developed over the course of two to three years. It targets organizations who have completed the Innovate RAP or who have demonstrated the successful completion of a previous RAP, meaningful engagement with internal and external Aboriginal and Torres Strait Islander stakeholders, completion of Reconciliation Australia’s RAP Impact Measurement Questionnaire (annual reporting), governance structure development, strong internal support from senior leadership, and the establishment of processes and systems to capture RAP commitments. The Stretch RAP focuses on embedding reconciliation initiatives into business strategies and on high impact commitments based on defined measurable targets and goals.

Elevate RAP: Transformational Change

The parameters of the Elevate RAP are unique to each interested organization and are determined based on a strong relationship with Reconciliation Australia as well as a proven track record of implementing RAP initiatives. Typically, Elevate RAPs are developed over the course of three years. Organizations pursuing Elevate RAPs must demonstrate high levels of reporting and accountability including independent assessment of their activities.

Case Study: Juukan Gorge and Rio Tinto

In May 2020, Australian mining company Rio Tinto destroyed a 46,000-year-old sacred Aboriginal site at the Juukan Gorge caves in Australia to expand its iron ore exploration project. The site had been identified as culturally significant by the Puutu Kunti Kurrama and Pinikura (Binigura) peoples, as it contained evidence of continuous human occupation for 46,000 years. The PKKP Aboriginal Corporation, which administers the traditional lands and waters of the Puutu Kunti Kurrama people and the Pinikura people on their behalf, previously raised concern and requested the site’s preservation.

Several senior executives at Rio Tinto resigned over the incident, including the CEO. A coalition of investors representing $14 trillion in assets under management wrote to Rio Tinto and the Australian government expressing their strong disapproval of the situation, and voted against executive pay packages at the 2021 AGM, which included bonuses for top executives. The government of Australia conducted a Parliamentary Inquiry, which revealed the inadequacy of existing cultural heritage protection regulations, leading to the overhaul of government regulation and oversight in company disclosures.

Rio Tinto had received Reconciliation Australia’s highest endorsement—the Elevate RAP—for ‘leadership in reconciliation.’ Reconciliation Australia later rescinded their endorsement of Rio Tinto, and suspended them from the RAP program.

The Rio Tinto’s Juukan Gorge case is among one of the most cited case studies demonstrating the risk of accepting corporate disclosures at face value. The Juukan Gorge case exposes, not only a clear violation of FPIC, but the material risks of failure to conduct due diligence on Indigenous rights, title, and interests.

Reporting and Accountability

Reconciliation Australia’s annual Impact Report provides analysis of the data shared by participants. The 2023 RAP Impact Report collected data from 1,873 RAP organizations across the national network between July 2022 – June 2023.  Metrics highlighted included a record 5,404,826 people now working or studying in an organization with a RAP, up from 3,743,939 in 2022 indicating a 44% increase, and Aboriginal and Torres Strait Islander people on Boards increasing to 606, up from 490 in 2022 indicating a 19% increase.

Questions and concerns about RAPs have been raised by Indigenous communities, and organizations in Australia, including the programs’ lack of UNDRIP and FPIC integration, and the programs efficacy as a corporate accountability tool. Critics have noted several examples where Reconciliation Action Plans have fallen short of their intended purpose to address the inequality between Aboriginal and Torres Strait Islander peoples and other Australians, citing these as evidence of a lack of accountability, and stating that RAPs typically “lack transparency in reporting meaningful data or business figures to support their claims”.

Reconciliation Action Plans in Canada

In Canada, Reconciliation Action Plans incorporate, and build upon the Calls to Action set out by the Truth and Reconciliation Commission (TRC). Established in 2008, the TRC’s mandate was to educate Canadians about the truth of the inhumane crimes that took place in residential schools. The TRC documented the truth of Survivors, their families, communities, and anyone personally affected by the residential school experience. In 2015, a multi-volume final report of the TRC’s findings was published, along with 94 Calls to Action to redress the legacy of residential schools and advance the process of Canadian reconciliation. In 2016, the first corporate Reconciliation Action Plan in Canada was published by a BC law firm specializing in Aboriginal Law, and cited the TRC 94 Calls to Action as a source of inspiration and guidance.

The TRC’s 94 Calls to Action provide a guide to reconciliatory intent and constructive action by addressing historical injustices, encouraging truth-telling, and employing comprehensive recommendations addressing all levels of government, businesses, schools, courts and the general public. Call to Action 92 is addressed to the corporate sector, and focuses on the economic elements of Indigenous reconciliation. It is foundational to corporate RAPs in Canada:

Calls to Action 92. We call upon the corporate sector in Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples as a reconciliation framework and to apply its principles, norms, and standards to corporate policy and core operational activities involving Indigenous peoples and their lands and resources. This would include, but not be limited to, the following:

1. Commit to meaningful consultation, building respectful relationships, and obtaining the free, prior, and informed consent of Indigenous peoples before proceeding with economic development projects.
2. Ensure that Aboriginal peoples have equitable access to jobs, training, and education opportunities in the corporate sector, and that Aboriginal communities gain long-term sustainable benefits from economic development projects.
3. Provide education for management and staff on the history of Aboriginal peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal-Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.

Many RAPs also cite the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Released in 2007, UNDRIP is the most comprehensive international statement on the rights of Indigenous Peoples. It establishes a universal framework of minimum standards for the survival, dignity and well-being of Indigenous Peoples of the world, and it elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of Indigenous Peoples. The principle of Indigenous Peoples’ right to Free, Prior, and Informed Consent (FPIC) as set forth under UNDRIP ensures the preservation of self-determination. Free, Prior, and Informed Consent refers to Indigenous Peoples’ right to give or withhold consent to any activities that has impact on their lands, and resources. The guiding principles of FPIC should inform the protocols, processes, rules, and regulations that are required of companies, governments, or other parties pursuing projects on or impacting Indigenous lands.

When UNDRIP was released in 2007, Canada voted against adoption. It was not until 2010 that UNDRIP was endorsed with reservations by the federal government, who stated that it was aspirational and not legally binding. In 2016, UNDRIP was officially adopted by the Canadian government, with plans to implement UNDRIP in accordance with the Canadian Constitution. The introduction of federal Bill C-15, The United Nations Declaration on the Rights of Indigenous Peoples Act (2021) provided a legislative framework to ensure the laws of Canada are consistent with UNDRIP. In British Columbia, the provincial government passed the Declaration on the Rights of Indigenous Peoples Act (DRIPA) in 2019. DRIPA provides a framework for the provincial adoption of UNDRIP, in addition to the Truth and Reconciliation Commission of Canada’s 94 Calls to Action.

Bill C-15 and DRIPA provide examples of UNDRIP adoption amongst different jurisdictions and indicate a growing momentum towards UNDRIP adoption and implementation. The proactive adoption of UNDRIP, and application of FPIC by companies in the current voluntary environment can set up early adopters to be leaders in the space as it pertains to their social license to operate, the mitigation of risk (legal, reputational, operational, financial, etc.), and long-term sustainable value creation. This will hold true as federal and provincial laws are updated in alignment with UNDRIP and FPIC, and compliance eventually becomes mandatory.

Canadian Corporate RAP Development: Pillars, Themes, and Metrics

Canadian corporate RAPs may be developed internally, or by third-party contractors with varying degrees of Indigenous engagement, and feedback mechanisms. RAPs may reference other documents supporting corporate reconciliation efforts including internal policies, public statements, and reports. Canadian corporate RAPs often include pillars and metrics related to governance, education, employment, social impact, community engagement, economic reconciliation and environmental stewardship, sustainability and social impact.

Governance

The governance pillar refers to the company’s commitment to reconciliation at all levels and the accountability mechanisms they used to action these commitments. The governance pillar might include a commitment to Indigenous board representation to ensure that reconciliation and Indigenous rights priorities receive the backing of board level leadership as well as senior leadership.

Education

The education pillar refers to the company’s plan to pursue education opportunities for staff and senior leadership on Truth and Reconciliation and Indigenous history, to provide relevant cultural training and resources, and to shape the internal communications of the company.

Employment

The employment pillar refers to the company’s plan to attract, retain, support, and empower Indigenous peoples internally. This might involve reviewing hiring processes and employment data and reporting on a regular basis to increase Indigenous representation.

Community Engagement

The community engagement pillar refers to the company’s commitment to engage Indigenous communities throughout the lifecycle of the RAP to ensure transparent and meaningful priorities, representation, and involvement. This may include establishing grievance mechanisms, updating external communications, and forming and nurturing meaningful relationships with Indigenous communities, and stakeholders.

Economic Reconciliation

The economic reconciliation pillar refers to the company’s plan to contribute to economic redress as outlined in the TRC’s Call to Action 92. This may involve partnerships with Indigenous businesses owners and entrepreneurs, relevant training for Indigenous employees, pursuing community economic development opportunities, and broadly contributing to sustainable economic growth and the participation of Indigenous peoples.

Environmental Stewardship, Sustainability, and Social Impact

The environmental stewardship, sustainability and social impact pillar broadly refers to the company’s commitment to support Indigenous-led sustainability initiatives, to recognize the interrelated nature of social and environmental issues facing Indigenous peoples, and to work with Indigenous peoples to determine the interrelated risks to land, culture, and peoples due to proposed and ongoing operations. This may include the integration of regular sustainability reporting, environmental assessments, consultation and community feedback mechanisms.

Issues and Opportunities for Improvement

RAPs have the potential to serve as pathways towards advancing truth and reconciliation in Canada and providing critical information to the public on how Indigenous rights, title and interests are being prioritized by corporations. A scan of publicly available Canadian corporate RAPs reveals several issues, and opportunities for improvement, including:

Oversight

Oversight refers to a critical governance function to review and monitor a given entity to ensure expected results, value generation, and compliance with applicable policies, laws, regulations, and ethical standards. Unlike Australia, there is no governing body overseeing reconciliation efforts in Canada, or responsible for RAP framework development, deployment, and oversight.

The example of Reconciliation Australia demonstrates both the advantages, and challenges of operating an oversight structure. Indigenous leadership, and oversight of RAPs in Canada may provide an opportunity to develop standards that centre Indigenous rights, title, and interests, and challenge performativity. However, without the necessary organization, time, resources, and support, the responsibility would be an undue burden on Indigenous communities, and organizations.

Standards

As a result of the lack of oversight, there are no Canadian standards or regulations in place to guide company efforts to develop RAPs. Currently everything from form to themes and content are at the discretion of the company producing the RAP or, in some cases, their third-party contractors. Canadian corporate RAPs have thus ranged from a single-page of bullet-point commitments to lengthy report-style formats, with varying degrees of ambition and specificity on plans for monitoring, measurement, and reporting.

Development Process

As a result of a lack of standards, there is no requirement that Canadian companies developing a RAP engage in any way with relevant Indigenous rightsholders, Indigenous representative organizations, or community members, to incorporate their perspectives, priorities, or interests.

The first step in developing a corporate RAP should be to seek out guidance and direction from the impacted Indigenous rightsholders, and organizations. Through conversation, co-development and/or continuous conversation, rightsholders are empowered to determine the involvement they wish to have in the development of the plan, and to identify existing resources that can be incorporated throughout development. Indigenous rightsholders, and organizations should not be under any obligation to participate in corporate RAP development, or other activities. Participation in RAP development should be voluntary and should recognize the time and labour involved on the part of Indigenous peoples. This labour may require providing compensation or meeting other terms outlined through an agreed upon process. Furthermore, the inclusion of an opt-out option reduces the risk of the consultation trap, where Indigenous communities are bombarded with requests and a lack of response is wrongfully interpreted as consent-given.

Indigenous rightsholders participation in the development of corporate RAPs could thus range from exercising their right of refusal, to co-development and continuous engagement to ensure their rights, perspectives, priorities, and interests are reflected, and respected.

Many Canadian RAPs also fail to recognize, and incorporate guidance and principles developed by Indigenous organizations, such as Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, and the National Indigenous Economic Strategy (NIES):National Indigenous Economic Strategy (NIES):

Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls

Published in 2019, the MMIWG report documents the acts of violence and genocide committed against First Nations, Inuit and Métis women, girls, and 2SLGBTQQIA+ people.The MMIWG report articulates 231 Calls for Justice by all Canadians, governments, industries, and institutions. In section 13, the report calls on the extractive and development industries to ensure the safety of Indigenous women, girls, and 2SLGBTQQIA+ peoples. Research from the National Inquiry into Missing and Murdered Indigenous Women and Girls revealed that resource extraction projects and related activities can increase the risk of violence against Indigenous women, girls, and 2SLGBTQQIA+ people, including harassment and assault in the workplace, increased violence within Indigenous communities, substance abuse and addictions, and economic insecurity.

 National Indigenous Economic Strategy (NIES)

The National Indigenous Economic Strategy is Indigenous-led and seeks to guide governments, industry and institutions in their reconciliation work and collaboration in rebuilding Indigenous economies. The Strategy presents four strategic pathways, supported by 107 calls to Indigenous economic prosperity, and for Canada to be the global leader in upholding Indigenous rights. The strategic pathways include:

1. People Vision: The capacity of Indigenous Peoples is strengthened. Indigenous people are empowered to choose how they define, generate and redistribute wealth. 
2. Lands Vision: Indigenous jurisdiction. Recognition and validation of court decisions, international law, and United Nations’ declarations. Resolution of all land claims.
3. Infrastructure Vision: Leading edge physical and institutional infrastructure and services are in place to ensure a prosperous Indigenous economy today and for future generations.
4. Finance Vision: Indigenous Peoples and communities have the financial capital to achieve economic and social prosperity on their own terms.

Accountability

Unlike in Australia, there is no requirement for Canadian companies producing RAPs to report regularly, and publicly on their progress. There is also no requirement for RAPs to include processes, or mechanisms for Indigenous rightsholders to hold Canadian companies accountable for the commitments, and plans laid out in their RAPs, the progress made, or any disputes that have arisen with impacted Indigenous rightsholders, and stakeholders.  Indigenous participation may be considered beyond the development stage, and throughout the lifecycle of the RAP, including ongoing engagement, verification, attestation, and the establishment of dispute resolution mechanisms.

Next Steps, Questions, and Considerations

With support, and constructive guidance from Indigenous communities and organizations, RAPs can be a valuable tool for advancing truth and reconciliation in Canada, and ensuring that Indigenous rights, title and interests are prioritized and protected. In September 2024, the Union of British Columbian Indian Chiefs (UBCIC) adopted a resolution to examine RAPs in the interest of assessing their alignment with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The UBCIC Chiefs-in-Assembly acknowledged the current limitations of Reconciliation Action Plans (RAPs) in Canada, the opportunity to ensure alignment and adherence to Free, Prior and Informed Consent (FPIC) standards, which would advance reconciliation, and the need for improved institutional support and standards. In support of this resolution, UBCIC staff will engage with member nation representatives on the identification, and development of guiding principles, baseline expectations, and good practices for RAPs developed by Canadian companies. This process will be informed by research done in collaboration with the RRII, and the engagement process findings will be released in 2026.

The following questions and considerations have been identified based on this research and the input received to date, and may be used when assessing the Indigenous engagement process, commitments, and reporting process of a company’s reconciliation action plan:

Relationships, Engagements and Public Acknowledgments

• Indigenous rightsholders (communities), Indigenous organizations (Non-profits, political advocacy organizations, etc.), groups, and individuals have been involved at all stages of plan development.
• There is Indigenous representation and leadership at senior leadership levels of the company that is producing the plan (i.e., board of directors, executive, RAP working group or task force).
• Indigenous rightsholder, organizations, groups, and individual’s contributions have been acknowledged in the RAP.
  • The affiliation of the Indigenous rightsholder and Indigenous organizations have been clearly identified (i.e., Nation, Organization, etc.)
  • If the named parties were contacted, they would verify their contribution.
  • If the names parties were contacted, they would express that adequate time, resourcing, and information was provided to support their participation in the engagement process, and they have been appropriately compensated.
  • If the named parties were contacted, they would express that culturally significant requests were honoured.
  • If the engaged groups were contacted, that they would express that they have been updated on an ongoing basis.
• The company identifies any other corporate Indigenous policies that may intersect with, or influence the plan and commitments (i.e., Indigenous relations policy, etc.).
• The company has clearly acknowledged how its activities intersect with, or impact Indigenous rights, title and interests.
• The company has demonstrated a commitment to Truth and Reconciliation by acknowledging any past or current disputes with Indigenous rightsholders.
  • The company has noted specific efforts made to engage those involved in disputes in the RAP development.

Integrating Reconciliation Frameworks and Indigenous Guidance and Principles

• Relevant TRC Calls to Action have been identified, and informed the plan development process, and commitments.
• Relevant UNDRIP principles have been identified, and informed the plan development process, and commitments.
• Relevant Calls for Justice from Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls have been identified and informed the development process, and commitments.
• Relevant calls from National Indigenous Economic Strategy (NIES) have been identified and informed the plan development process, and commitments.

Reporting: Accountability, Transparency, and Longevity

• The plan includes a commitment to regular and public progress reporting.
• The plan provides a chart including all commitments, targets, timelines, and responsibility (e.g.: a team, an individual, etc.).
• Excluded information (e.g.: metrics, publication delays, acknowledged and unacknowledged engagements, and reports) has been noted in the plan.

Wherever possible, commitments include quantitative and/or qualitative metrics to facilitate the tracking, and analysis of comparable data over time.