Contributions to Indian Bands for Registration Administration: Terms and Conditions
- 1. Introduction
- 2. Legal And Policy Authority
- 3. Purpose, Program Objectives And Expected Results
- 4. Eligibility
- 5. Type and Nature of Eligible Expenditures
- 6. Total Canadian Government Funding and Stacking Limits
- 7. Method for Determining the Amount of Funding
- 8. Maximum Amount Payable
- 9. Basis on Which Payments will be Made
- 10. Application Requirements and Assessment Criteria
- 11. Due Diligence and Reporting
- 12. Official Languages
- 13. Intellectual Property
- 14. Repayable Contributions
- 15. Redistribution of Contributions
- 16. Other Terms and Conditions
Sections 5 and 9 of the Indian Act provide for the maintenance in the department of the Indian Register as well as for the maintenance of Band Lists until such time as a band assumes control of its own Band List. Under these same sections, the Registrar is granted the authority to add the names of persons or delete the names of persons who are entitled, or not entitled, to be registered as the case may be. The Registrar has delegated the authority to make specific changes to the Indian Registration System (IRS) to certain headquarters and regional staff and to certain Indian Registry Administrators (IRAs) working for an Indian Band.
IRAs verify life events (e.g. births, marriages, deaths, divorces) which affect the Indian Register group(s) for which they are responsible by obtaining the appropriate supporting documents. They then either report these events to the regional office to update the IRS or, if authorized by the Registrar to have intranet access to the IRS, they enter the events directly into the IRS. IRAs also issue Certificate of Indian Status cards. This activity supports the "People" strategic outcome of the Department's Program Activity Architecture (PAA) under the activity referred to as Managing Individual Affairs.
Funding is provided to eligible recipients according to a formula based on two variables: population; and, the number of life events reported annually. The formula provides $7.07 per capita, and $15.00 per compensable event. The events that are considered compensable are life events such as births, adoptions, deaths, marriages and divorces, but can also include transfers between two bands. Supporting documentation is collected by the IRA and submitted to the Regional staff for entry into the Indian Register. Calculation of the formula is based on the events credited in the calendar year together with the population at December 31 for the given year.
The Contributions to Indian bands for registration administration are eligible to use set contribution funding approach. The Indian Registry Administration component of the Contributions to Indian bands for registration administration is eligible to use fixed contribution and block contribution funding approaches.
These terms and conditions are specifically targeted to Aboriginal people.
2. Legal and Policy Authority
Department of Indian Affairs and Northern Development Act, R.S.C. 1985 c. I-6, s. 4
3. Purpose, Objectives and Expected Results
The objectives of this transfer payments authority are to enable Indian Bands or their Tribal Councils to exercise increased authority and to participate in the administration of the Indian Registration System, maintenance of Band Lists, and issuance of the certificate of Indian Status at the community level. The transfer payments will provide for local administration of Indian Registration Administration that results in eligible Indians gaining Status and the attendant benefits thereof, as well as an updated Indian Register held by the Department of Indian Affairs and Northern Development (DIAND).
The contributions for registration administration and for estates management support the Department's Program Activity Architecture "People" outcome.
Contributions for Indian Registration Administration may be provided to Indian Bands and Tribal Councils.
5. Type and Nature of Eligible Expenditures
Acceptable expenditures for activities under this transfer payment authority covers disbursements for: salaries, wages, travel; accommodation; telecommunications; transportation; office rent and overheads such a heating, lights or janitorial; professional services such as legal, accounting, audit and evaluation; communications; training office supplies; office equipment such as computers, photocopiers, scanners, digital peripherals dedicated to the this program; printing; community information initiatives; data collection, analysis and reporting.
6. Total Canadian Government Funding and Stacking Limits
Proposals for funding from each recipient shall address the requirement for the recipient 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 is expected to be received. Annual financial reporting shall show all sources of funding received. Maximum funding by DIAND and total maximum total government assistance is 100% for eligible programs and projects.
7. Method for Determining the Amount of Funding
Funding is provided to eligible recipients according to a formula based on two variables: population; and the number of life events reported annually. The formula provides $7.07 per capita, and $15.00 per compensable event.
8. Maximum Amounts Payable
The total maximum annual payment for any single eligible recipient, including amendments to the original funding amount, will not exceed $400,000.
9. Basis on Which Payments will be Made
Contributions are normally paid on the basis of achievement or performance objectives or as reimbursement of expenditures incurred. The fixed and block contribution funding approaches will be used.
10. Application Requirements and Assessment Criteria
Eligible recipients will be required to provide the following information in order to be eligible to enter into a funding arrangement with DIAND:
- demonstrate it has the mandate and capacity to administer Indian registration administration responsibilities;
- has, and can continue to maintain, sound financial management controls and practices;
- provide a budget proposal outlining the program activities and costs;
- provide a cash flow projection based on the budget proposal;
- in the case of third party delivery, provide a description of the arrangement which indicates their respective roles, responsibilities and accountabilities of each party to the arrangement; undertake to provide DIAND with financial and/or program performance reports, information and data from the recipient no less frequently than once a year, or more often at the discretion of the funding authority;
- agree to provisions for appropriate program compliance review, program evaluation, and audit as applicable;
- and, undertake to provide DIAND auditors with access to relevant documentation on the premises of the First Nation or Managing Organization.
Minimum Program Requirements
The Indian Registry Administrator appointed by the Council will provide information required by DIAND for the purpose of maintaining the Indian Register and, where the band does not control its own membership rules under section 10 of the Indian Act, for the maintenance of the "band list" within the meaning of section 8 of the Indian Act, in accordance with the DIAND Indian Registry Reporting Manual and policies, as amended from time to time.
11. Due Diligence and Reporting
DIAND has internal control procedures, systems and human resources to ensure due diligence is properly exercised when: verifying eligibility for Indian Registration Administration program funding; 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, managing and administering this transfer payment authority. This responsibility is shared by DIAND headquarters and regional offices.
At the national level the Resolution and Individual Affairs Sector is responsible for specifying eligibility criteria for program funding, developing program guidelines and directives, establishing program reporting requirements, monitoring program implementation and reporting results. Corporate Services is responsible for establishing minimum financial terms and conditions, operating systems of internal control, monitoring budgets, and issuing compliance directives.
DIAND regional offices have the responsibility of liaising with eligible recipients to ensure that the program and financial terms and conditions are understood, management and funding arrangements are in place, reporting requirements are understood and met, monitoring activities are carried out in accordance with established directives and guidelines, operating a process to review recipients' annual audited financial statements, and reporting program and financial results to headquarters.
Performance Measurement Strategies are being developed for all programs, consistent with the requirements in the Policy on Transfer Payments, as part of the phased-in approach to implement the renewed Policy on Transfer Payments.
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
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