Human Resources

Organizational Chart

An organizational chart makes clear who reports to whom, which can help with accountability and performance management.

The FAL requires that a First Nation have a policy to create and keep up-to-date an organizational chart. This policy must state that the organizational chart needs to correctly show all governance, management, and administrative positions at each level of the organization. This includes Council, Finance and Audit Committee, and all other committees of Council or the First Nation.

This policy must include the steps to make sure that the organizational chart:

• is available to everyone it applies to, including Councillors, committee members, officers, employees, contractors, agents of the First Nation, and the First Nation’s members;
• is kept up-to-date; and
• may only be changed if requested by Council or a person approved to make such requests. 

The approved person must be approved by Council or by the senior manager.

Human Resources Records Management

Under the FAL, Council must create a policy for the management of human resources, including the hiring and dismissing of employees, the review of employee performance, and the upkeep of employee records.

This policy must include the steps that allow the upkeep of employee records, including the need to:

• keep up-to-date records of the First Nation employee’s skills, experience, qualifications, abilities, and training; and
• make sure all employee records are kept safe and private.

Council must also create a policy that requires the First Nation to have and keep up-to-date job descriptions. This policy must include the steps for making sure that job descriptions: 

• outline the main roles and responsibilities of all employees of the First Nation, including officers, employees, consultants, and contractors; and
• are approved by the Council or senior manager.

Hiring and Dismissals

Hiring

The FAL requires that the human resources policy include the steps and standards for the hiring of the First Nation’s employees, consultants, and contractors.

This policy must include the steps to make sure:

• someone hired as an employee or consultant or contractor has the skills, experience, qualifications, and abilities for the job; and
• all parts of the hiring process are fair and practical, including providing standards for choosing an applicant and evaluating all applicants in the same way, which includes using rating processes, reference checks, and hiring based on excellence.

Dismissals

The FAL also requires that the human resources policy includes the steps and standards for dismissing the First Nation’s employees, with or without cause.

Performance Evaluations and Training Plans

Performance Evaluations

Employee evaluation makes sure that the financial administration activities of the First Nation are being done by people who are qualified and a good fit for the job.

The FAL requires that the human resources policy includes the steps and standards for employee evaluation. The evaluation must include:

• making sure the skills and abilities of an employee match those needed by their job,
• making sure any training needed by an employee has been completed, and
• keeping records of expected levels of performance, performance reviews, and disciplinary actions.

Training Plans

Training supports the Nation’s officers and employees to have the skills required to carry out the responsibilities assigned to them. The human resources policy must also include the steps for the creation and upkeep of training plans.

These training plans include determining any training that will be needed in the future to maintain the First Nation’s growth and health as a community. These future needs are considered after allowing for people changing positions or any changes that may happen in the First Nation’s activities.

Misconduct and Compliance

Financial Misconduct

Under the FAL, Council must create a policy for reporting instances where the rules and standards of the FAL or of Council policies have not been followed. This includes errors or misconduct in the First Nation’s financial administration or any misuse of money or resources.

This policy includes ensures that:

• Councillors, officers, employees, contractors, and agents who are involved with financial administration activities must report any suspected misuse of money or resources, or other suspicious activities within the First Nation’s financial administration;
• reports of violations and the identity of the person who reported the violation are kept private;
• the recording, safekeeping, and maintenance of all reported violations and any records created during the investigation of those violations;
• the person who reported the violation is protected from any acts that may occur as a result of the report;
• the reported violation will be looked into and investigated;
• the person who is being reported is not being treated unfairly or with inaccurate judgement;
• appropriate actions are taken by Council if a violation has happened and these actions must be recorded;
• yearly reports are to be made to Council about the success of its policies and procedures;
• the policies and procedures are communicated to everyone involved in activities of the First Nation; and
• the policies and procedures are included in the contracts of contractors and in the appointments of agents and committee members.

Compliance with FAL

Council must create a policy to make sure all rules and standards of the FAL are being followed.

This policy includes the steps to:

• track the costs that would happen if the rules and standards of the FAL are not followed,
• get the money or property back that was used or lost because of the failure of a person to follow the rules and standards of the FAL, and
• comply with other legislation.

Some First Nations manage their land under provisions of the First Nations Land Management Act. Under the FAL, Council must create a policy to make sure that the rules and standards of this Act are followed.

As well, the policy must make sure that any land code is made by the First Nation as needed or allowed under the Act. The First Nation must keep members informed about how it manages the land and handles the money earned from the land.

If a First Nation has a financial code under the First Nations Oil and Gas and Moneys Management Act, the FAL requires that Council create a policy to make sure that the rules and standards of this act are followed. As well, the policy must make sure that any financial code is made by the First Nation as needed or allowed under the Act.

Resources To Get You Started

Sample Policy

• DOCX file: Human Resources Sample Policy Download

Organizational Chart

• DOCX file: Sample Simplified Organizational Chart Download