Contributions for promoting the safe use, development, conservation and protection of the North's natural resources, and promoting scientific development

Table of contents

1. Introduction

The transfer payment program terms and conditions entitled "Contributions for promoting the safe use, development, conservation and protection of the North's natural resources" has been modified to include the scientific portion of "Contributions for promoting the political, social and scientific development of Canada's three territories" to this set of program terms and conditions.

The mandate of Aboriginal Affairs and Northern Development Canada (AANDC) with respect to the development and use of natural resources in Canada's three northern territories is very broad and involves the delivery of a number of programs and services including the management of land and water, as well as mineral, oil and gas resources in Nunavut and northern offshore, the protection of the northern environment, and taking a leadership role in global issues that impact the North, such as climate change and the long-range transport of pollutants into the Arctic. The experience and expertise of Northern Affairs staff has resulted in the Northern Affairs Organization (NAO) assuming an expanded delivery role for both the northern and First Nation/Inuit components of the department's activities related to the northern contaminants program, climate change, energy programs and the implementation of AANDC sustainable development initiatives.

Northerners, their governments, First Nation and Inuit communities and organizations, and other northern stakeholders, need to carry out activities that complement and build on departmental initiatives to promote the safe use, development, conservation and preservation of the North's natural resources. This includes implementing northern contaminated sites, climate change, sustainable development initiatives, and supporting scientific development in the North. These activities are not bound to one particular program, but rather span across a number of program areas including the Northern Contaminants Program, the clean-up of contaminated sites, climate change and energy programs, implementation activities pursuant to land claims agreements, environmental monitoring, land and water management, northern petroleum and mineral resource management, the devolution of land and resource management responsibilities, intergovernmental processes to deal with a wide range of issues of common concern, science and technology to support the development of the North, and activities that support international cooperation on circumpolar issues.

2. Legal And Policy Authority

Department of Indian Affairs and Northern Development Act, R.S.C., 1985, c. I-6, s. 4 and s. 5; 1993, c. 28, s. 78; 2002, c. 7, s. 154(E).

The Department of Indian Affairs and Northern Development Act mandates the Minister of the Department of Indian Affairs and Northern Development to (a) oversee Indian affairs, as well as the resources and affairs of Canada's three northern territories; and (b) foster, through scientific investigation and technology, knowledge of the Canadian north and of the means of dealing with conditions related to its further development.

The Indian Act, the First Nation Land Management Act, the Territorial Lands Act, the NWT Waters Act, the Mackenzie Valley Resources Management Act, the Canada Petroleum Resources Act, and the Canada Oil and Gas Operations Act.

3. Purpose, Program Objectives And Expected Results

The overall expected outcome is the improvement in the quality of life of Northerners, First Nations and Inuit peoples and an increased capacity in the safe use, development, conservation and preservation of First Nation, Inuit and Northern lands and resources, and to promote the North's scientific development in order to enable northerners to assume increasing responsibility within the Canadian federation. In terms of specific results, the various investments under this authority are intended to lead to the following results and will be measured according to information gathered from Performance Measurement Strategies:

Elements Objectives Expected Results
Infrastructure Focus on renovating or upgrading Northern Research facilities, supporting science and technology to address issues relating to wear and tear, energy efficiency, health and safety, climate change, conservation of resources, environmental management, new and/or changing science and technology needs, and infrastructure requirements related to logistics.

Provide funding support for the integration of the renewable energy technologies in Aboriginal and northern communities to increase community self-sufficiency and energy sustainability.
Facilities that respond to modern science and technology infrastructure requirements; develop, adapt, or apply science or technologies for the North in order to increase economic activity, strengthen environmental stewardship, and enhance quality of life; and create employment during both the construction phase and subsequently in the operation of the improved facilities.

Projects funded in Aboriginal and northern communities that will result in reduced greenhouse gas emissions and diesel fuel usage.

Projects can include pre-feasibility and feasibility studies of renewable energy projects and the design and construction of renewable energy and energy efficiency projects associated with community built infrastructure.
Consultation Facilite and organize fora, meetings and workshops, collect and disseminate information and other activities that relate to the solicitation and exchange of information, ideas and points of view.

Expand the knowledge and understanding of natural resources, environmental issues, and the principles and practices of sustainable development and understanding of scientific issues and activities.
Improved local knowledge of issues and knowledge of agreements and their impacts.

Improved participation of Northern, First Nation and Inuit organizations in consultation processes, including: exchange of information among stakeholders; understanding of issues and development of positions by stakeholders; consultative mechanisms; organizational ability to advocate for positions; plans, agreements and accords; and sustainable development
Core Activities Support ongoing activities or administrative functions of organizations that monitor and protect the environment and increase capacity to engage in sustainable development and activities that promote scientific development in the North. Increased participation of northern organizations and community based groups or organizations in consultative and negotiation processes.

Capacity of groups and organizations to assume increased responsibilities and participate in sustainable development.
Research Expand knowledge and understanding of resource development and environmental issues and activities, as well as northern scientific development issues and activities.

Promote on-going federal interests in the environment including scientific research and circumpolar co-operation.

Facilitate innovative approaches to sustainable development and any activity that may have cultural dimensions (e.g. research might involve traditional knowledge).
Improved data and information base; knowledge of northern development issues, including broad issues such as climate changes and contaminants in the Arctic food chain; and greater understanding and decision-making capacity.
Management Planning and mitigation measures necessary for governments, communities, groups, organizations or associations to ensure the safe use, development, conservation, and protection of the natural resources, communities infrastructure, and environment.

Increase capacity to access tools and information and to develop approaches that will help recipients respond to broader issues such as the effects of climate change.
Increased technical knowledge base and Northern and Aboriginal technical expertise; ability to safeguard the environment and adapt to environmental change by using appropriate mitigating and adaptation measures, practices and techniques; and improved solutions for development challenges.
Remediation Planning and cleanup of contaminated sites in order to safeguard the health and safety of flora and fauna. Increased understanding of remediation processes and practices; project management skills; participation of Northerners and Aboriginal people in skilled positions; and group and organization ability to conduct clean-up of contaminated sites.
Capacity Building Increase expert knowledge, understanding and skills related to roles and responsibilities; skills to engage in the scientific environment through capacity building; expert knowledge brought to bear on analysis of proposals and development of positions; and assist Northerners and Aboriginal groups to develop environmental institutions. Improved individual and collective community skills; employer access to northern and Aboriginal labor force; and understanding of northern resource development and environmental management issues and options.

Increased organizational management skills and knowledge of roles and responsibilities; participation of Northerners and Aboriginal people in sustainable development activities; group and organization ability to develop options and determine positions and act upon opportunities; management skills and governance capability of governments and organizations; and employment and income in northern, First Nation and Inuit communities.

In the Program Alignment Architecture, this authority is listed under: The Land and Economy/Federal Administration of Reserve Land; The North/Northern Governance and People; The North/Northern Science and Technology; and The North/Northern Land, Resources and Environmental Management.

The expected results are measured by key performance indicators, outlined in Report on Plans and Priorities, including the number of contaminated sites remediated, percentage of decrease in concentration of contaminants in the North, the percentage of projects approved within regulated timelines in process (including decisions on environmental assessments), and launch of the Canadian High Arctic Research Station including the science and technology program and completion of construction of the facility.

4. Eligibility

4.1 Eligible Recipients
Recipients Core Activities Projects
Individuals Yes Yes
Organizations
  • Associations
  • Education/research institutions
  • Not-for-profit institutions
  • Other organizations
Yes Yes
Other levels of government Yes Yes
Other non-federal entities
  • Public
  • Private
Yes Yes
First Nations and Inuit or their organizations such as boards, committees, agencies, band operated enterprises or other entities designated by the Chief and Council, Tribal Councils or Hamlet Yes Yes
Any entity that has received a transfer payment or authorised to received a transfer payment under a transfer payment program that is specifically targeted to Aboriginal people or has a component specifically targeted to Aboriginal people Yes Yes

In First Nation and Inuit communities, contributions may be provided to First Nations and Inuit or their organizations such as boards, committees, agencies, band operated enterprises or other entities as designated by the Chief and Council, Tribal Councils or Hamlet or any entity that has received a transfer payment, or has been authorised to received a transfer payment, under a transfer payment program that is specifically targeted to Aboriginal people or has a component specifically targeted to Aboriginal people, for the targeted set of activities in relation to climate change programming and the implementation of AANDC's sustainable development initiatives.

The following recipients are specific to the scientific development component: Organizations, individuals, other levels of government and other non-federal entities, public or private.

4.2 Eligible Initiatives and Projects

For the scientific development component: Eligible initiatives and projects are those that increase participation and knowledge of northern individuals and organizations and other individuals and organizations.

For the northern contaminated sites program: Eligible initiatives and projects are all activities related to the assessment, remediation or management of contaminated sites.

For the climate change program: Eligible initiatives and projects are those that: assess and identify risks and opportunities to Aboriginal and northern communities related to the impacts of climate change; support the development and implementation of climate change action plans focusing on economic, social, cultural, environmental, and security issues; and support the development of tools to increase the capacity of Aboriginal and Northern communities to address the impacts of a changing climate.

For the energy programs: Eligible initiatives and projects are those that reduce greenhouse gas (GHG) emissions arising from electricity and heat generation in Aboriginal and northern communities through the development and implementation of renewable energy projects.

5. Type and Nature of Eligible Expenditures

Expenditures, which are, in the opinion of the Department, reasonable, consistent with program or funding guidelines and departmental policies, and necessary for the recipient to carry out an approved core activities or project/activity that will lead to expected results for infrastructure, consultation, core activities, research, management, remediation or capacity building. Eligible expenditures may include the following costs:

Costs Core Activities Projects
Salaries, benefits and wages (and Northern benefits where they apply) for employees and casual workers and honoraria (provided to those sitting on board's and committees and are not in a salaried position) Yes Yes
Staff training, training/workshops Yes Yes
Professional services/fees such as legal, engineering, project management, accounting, audit and evaluation Yes Yes
Facility rental (including equipment rentals, conference and meeting rooms, accommodation, space rentals, rental of office and meeting space) Yes Yes
Equipment and facilities necessary for implementation of projects Yes Yes
Data collection, analysis and reporting Yes Yes
Contract costs for administrative services Yes Yes
Travel, including meals and accommodations Yes Yes
Transportation   Yes
Daily living allowance   Yes
Research, Site testing   Yes
Community information initiatives   Yes

6. Total Canadian Government Funding and Stacking Limits

Where possible and appropriate, the costs of an eligible activity, will be shared with the recipient and/or government and/or the private sector. However, where the sharing of coats is not feasible, total government funding (federal, provincial/territorial and municipal funding for the same eligible expenditures) must not exceed 100% of eligible expenditures.

Recipients are required to declare any and all prospective sources of funding for the program or project, inclusive of all federal, provincial, territorial or municipal governments (total government assistance) and other sources that are expected to be received.

In the event that actual total government assistance to a recipient exceeds the stacking limit, AANDC will adjust its level of funding (and/or seek reimbursement, if necessary) so that the stacking limit is not exceeded.

7. Method for Determining the Amount of Funding

For the climate change programs, energy programs, and for the scientific development component: the amount of funding is determined based on proposals submitted and validated based on the critical review of amount requested.

For the northern contaminated sites program: the amount of funding is determined based on past costs or proposals submitted and validated based on critical review of amount requested.

8. Maximum Amount Payable

For the safe use, development, conservation and protection of the North's natural resources component: The maximum amount payable to any recipient annually will not exceed $20,000,000 per project, except in the case of core funding where the maximum amount shall not exceed $5,000,000, and in the case of remediation activities the maximum amount shall not exceed $10,000,000.

For the scientific development component: The maximum amount payable to any eligible recipient will be $3,000,000 annually, except in the case of payments to territorial governments with respect to advanced payments against agreed to devolution costs, where amounts payable annually will align with levels negotiated between Canada and the respective territory.

9. Basis on Which Payments will be Made

Contributions are normally paid on the basis of achievement of performance objectives or as reimbursement of expenditures incurred. Advance payments may also be made based on a cash flow forecast from the recipient in accordance with the Cash Management section of Treasury Board's Directive on Transfer Payments. Where advance payments are necessary, they are limited to immediate cash requirements of the recipient. Monthly, quarterly or annual progress payments may be based on expenditure claims and a final payment of any sums due following receipt of the final claims and a final payment of any sums due following receipt of the final claim and activities report and, if considered necessary by the department, following completion of a financial audit.

Hold backs will be applied in a manner consistent with Treasury Board's Directive on Transfer Payments and will take into account the management of risks and prudent cash management practices.

10. Application Requirements and Assessment Criteria

Note: Meeting the following criteria does not guarantee funding.

10.1 Application Requirements

All programs administered under this set of terms and conditions are proposal-based. At a minimum, applicant proposals must:

  • establish eligibility (as outlined in Section 4.0);
  • establish relationship of proposed projects, initiatives, activities to program objectives and priorities as outlined in these terms and conditions and published program guidelines;
  • include a detailed implementation plan which comprises a description and costing of activities and/or project initiatives as well as concrete deliverables/milestones;
  • provide details on all sources of financial support (e.g. from all federal government departments and organizations, other levels of government, the private sector, the applicant and other sources);
  • provide a payment schedule including basis and timing of payment; and
  • outline an evaluation plan and/or criteria for the measurement of success.

10.2 Assessment Criteria

Geographic distribution may be considered in the selection process (where applicable). At a minimum, proposals will be assessed on the following criteria:

  • Capability: The experience and capacity of the recipient (and identified project leader, where applicable) to manage the implementation of activities within their proposal successfully and complete the project/initiative in a timely manner;
  • Consultation and Commitment: The extent to which the proposal has the support of relevant organizations and/or community(ies);
  • Implementation Activities: The extent to which the proposal aligns with eligible activities and meets program objectives. The assessment process will consider timelines, cost-effectiveness and the degree to which activities will result in expected outcomes;
  • Project Management: How the initiative/project will be managed, including project governance, management of project scope, human resources, risk management, deliverables, and project monitoring, control and reporting;
  • Project Costs: A demonstration of a realistic assessment of estimated total costs and a justification of the level of funding required; and
  • Cooperation and Partnerships: with other governments, employers, community-based organizations and interested organizations to encourage strategic partnerships, minimize overlap and duplication and operate in synergy with other related social and political devolution programs.

11. Due Diligence and Reporting

AANDC has internal control procedures, systems and human resources to ensure due diligence is properly exercised when verifying eligibility for program funding under this authority, assessing the recipient's capacity to manage or develop and deliver programs and services, verifying financial management capability, authorizing spending authority and approving payment requisitions, and for managing and administering the program. This responsibility is shared by AANDC headquarters and regional offices.

A General (Risk) Assessment is also conducted for all recipients regardless of the nature of their funding agreements to assess their risk level in managing funding received from the Department. The results of this General Assessment may impact a recipient's ability to access certain funding approaches as well as reporting frequency.

12. Official Languages

Where a program supports activities that may be delivered to members of either official language community, access to services from the recipient will be provided in both official languages where there is significant demand and Part IV of the Official Languages Act is applicable. In addition, the department will ensure that the design and the delivery of programs respect the obligations of the Government of Canada as set out in Part VII of the Official Languages Act.

13. Intellectual Property

Where a contribution is provided for the development of material in which copyright subsists, conditions for shared rights will be set out in the funding agreement.

14. Repayable Contributions

Provisions for repayable contributions do not apply. Any contributions made to private firms under these programs are not intended to generate profits or to increase the value of a business.

15. Redistribution of Contributions

Where a recipient delegates authority or further distributes contribution funding to an agency or a third party (such as an authority, board, committee, or other entity authorized to act on behalf of the recipient), the recipient shall remain liable to the Department for the performance of its obligations under the funding agreement. Neither the objectives of the programs and services nor the expectations of transparent, fair, and equitable services shall be compromised by any delegation or redistribution of contribution funding.

Recipients have full independence in the selection of such third parties and will not be acting as an agent of the government in making distributions.

16. Other Terms and Conditions

Definitions

The following definitions are pertinent to this authority:

North — means Canada's three territories and offshore areas north of the 60th parallel. In the case of consultation, research and capacity building activities, the geography of the North will include the land and ocean based territory that lies north of the southern limit of discontinuous permafrost from northern British Columbia to northern Labrador, and could include the eight Arctic nations. In the case of work being undertaken in international fora, funding will be restricted to Canadian-based activities.

First Nation and Inuit Communities — means First Nation and Inuit communities who receive services from AANDC in the 10 provinces. Funding provided to these communities must pertain to activities related to northern contaminants or climate change programming.

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