Contributions to Support the Negotiation and Implementation of Treaties, Claims and Self-Government Agreements or Initiatives

Terms and Conditions

1.0 Introduction

These terms and conditions apply to transfer payments made to support the negotiation process, to support the implementation process and to support the Treaty Commissions in their activities.

Negotiations

Treaties, comprehensive land claims, special claims and self-government agreements establish the foundation for new relationships with respect to Aboriginal Rights and Interests which provide certainty over land and resource rights of Aboriginal Groups, enabling their access to economic opportunities, promote self-sufficiency and enhance the ability to pursue shared objectives.  Existing policy authorities for resolving uncertainty and disputes over Aboriginal entitlements all depend on funding negotiation processes.

Federal, provincial/territorial and Aboriginal governments are building foundations for  new relationships by negotiating and implementing land claims and self-government agreements, by clarifying historic Treaties, and by putting in place the means to work together on shared economic and social priorities.  Negotiations promote mutual respect, build partnerships, help define common agendas, reduce conflict and litigation and fulfill Constitutional obligations.  Agreements give Aboriginal governments the tools they need to improve their cultures and economies; certainty over rights to land and resources; and clarity for the exercise of self-government powers.

Treaty Related Measures (TRMs) are tools available to negotiators in the British Columbia treaty process. Negotiated at individual treaty tables, TRMs are designed to remove barriers to progress in negotiations, to prepare First Nations to implement eventual treaties, and afford a measure of protection to Aboriginal interests during the period that an agreement is being negotiated. Contributions are specifically targeted to Aboriginal people. The negotiation process itself is made up of key stages (eg., informal/exploratory discussion, research and pre-negotiations, negotiations and ratification) in which claims proceed through a series of steps with the intent of culminating in a final agreement and implementation plan. 

All agreements must then be ratified by the claimants, and except for specific claims, legislated by government before their provisions are implemented.  Key activities funded from contributions include: (a) researching of specific and comprehensive land claims; (b) enhancing and building the capacity and expertise of First Nations, Inuit and Metis north of the 60th parallel who desire to participate or are participating in the negotiation process of self-government and/or comprehensive claims; (c) conducting and managing the enrolment and ratification processes, as set out in settlements; (d) assisting in the negotiation and achievement of key initiatives at self-government, comprehensive, specific and special claims tables, including framework agreements, agreements-in-principles, final agreements, implementation plans and fiscal arrangements.

Treaty Commissions

The purpose of Treaty Commissions is to enhance co-operative relationships between First Nations and Canada through mutual exploration of Treaty issues. The success of these explorations is seen in improved understanding of Treaties and Treaty relationships between First Nations and other Canadians and the promotion of enhanced, productive, respectful and harmonious relationships between the Parties and other Canadians.

The Treaty Commissions work with First Nations and the Government of Canada on Treaties which were signed with First Nations between 1701 and 1923 and are commonly referred to by the federal government as “historic treaties”. They include the Treaties in Saskatchewan and Manitoba.

There are currently two Treaty Commissions in Canada that address historic treaties:

  1. the Office of the Treaty Commissioner (OTC) for Saskatchewan which was originally established in 1989 through a Memorandum of Understanding between the federal government and the Federation of Saskatchewan Indian Nations (FSNI); and
  2. the Treaty Relations Commission of Manitoba (TRCM) through a Memorandum of Agreement (MOA) signed in 2003 between the federal government and the Assembly of Manitoba Chiefs (AMC). The TRCM began its operations in 2005.

Office of the Treaty Commissioner for Saskatchewan

The OTC is a neutral body with the mandate to analyze Treaty related issues, develop options, and report to and provide advice and recommendations to the Parties (Canada and FSIN) regarding courses of action, which will achieve practical results that reflect the Treaty relationship. The role of the OTC is to facilitate discussions amongst Canada and First Nations groups, or their political representatives, on a broad range of topics related to or arising from existing Treaties. It may also conduct or supervise independent third party research and conduct public information/education activities on a variety of Treaty related issues.

Treaty Relations Commission of Manitoba

The TRCM opened its doors in June 2005. It was established through and Order-In-Council subsequent to a Memorandum of Agreement (MOA) signed between the Assembly of Manitoba Chiefs and Canada in November 2003. The TRCM is a neutral body with a mandate to strengthen, rebuild and enhance the Treaty relationship and mutual respect as envisaged by the Treaty parties. The TRCM's role is to facilitate discussions of Treaty issues between First Nations, Elders, federal, provincial and, if required, other governments and private sector representatives. The TRCM also provides advice and recommendations on Treaty issues to Canada and First Nations, and they design and deliver public education programs, and manage research activities.

Implementation of Agreements

Implementation of negotiated final agreements marks the conclusion of negotiations and the beginning of a new relationship with respect to Aboriginal Rights and Interests.  Comprehensive Land Claim Settlement Acts establish and/or provide for various Implementing Bodies to be established to perform functions set out under Comprehensive Land Claim Agreements (CLCAs) or accompanying Implementation Plans (in some cases referred to as Contracts) or other related Act(s) of Parliament.

Implementing Bodies receive contribution funding based on negotiated Implementation Plans, which establish funding levels typically for ten-year periods. Funding levels are adjusted from time-to-time based on workload volume and other project-specific activities such as public hearings for projects, as defined in the final agreement in accordance with agreed upon work plans and budget proposals. Contribution funding is used in these cases where the Government needs to ensure that specific functions are delivered by recipients, in accordance with agreements.

The programs will use the additional fixed, flexible and block contribution funding approaches for transfer payments to Aboriginal recipients and according to departmental guidelines for the management of transfer payments

2.0 Legal and Policy Authority

Department of Indian Affairs and Northern Development Act, R.S.C., 1985, c.I-6., s. 4

3.0 Purpose, Program Objectives and Expected Results

Negotiations

Resolving Aboriginal claims is an integral part of achieving broad government goals.  The objective of the negotiation process funding  is to support Aboriginal participation in negotiating claims settlements.  Comprehensive claims, special claims and self-government agreements achieve certainty for Aboriginal people and other Canadians with respect to land and resource rights in those parts of Canada where Aboriginal rights remain undefined, and through the development of processes that lead to self-government and the resolution of specific claims and grievances.

The expected outcomes of TRMs are to foster progress in chapter development leading to Agreements-in-Principle and Final Agreements; tangible economic benefits for First Nations during treaty negotiations; strengthened First Nations governance; First Nations prepared for effective date and treaty implementation; and, increased protection of aboriginal interests during treaty negotiations.

Treaty Commissions

The purpose is to enable the provincially and/or regionally based Treaty Commissions to facilitate discussions amongst Canada, First Nation groups or their political representatives and provincial governments on a broad range of topics related to, or arising from, existing treaties.  A Treaty Commission may also conduct or supervise independent third party research and conduct public information/education activities on a variety of treaty issues of concern to First Nations, the Government of Canada and usually the relevant provincial government.

The expected results and outcomes include improved understanding of historic treaties and treaty relationships; increased public support of self-government agreements; self-government agreements which reflect treaty relationships; and more harmonious, respectful and productive relationships between First Nations and non-Aboriginal Canadians.

Implementation of Agreements

The purpose is to enable recipient organizations to carry out and manage all one-time and ongoing obligations and activities as set out in the negotiated final agreements and implementation plans, thereby meeting the government's objective to settle and implement comprehensive land claims and combined comprehensive land claims and self-government agreements.  Fostering effective institutions at both the individual community and collaborative levels to provide stability, clear “rules of the game”, cultural “continuity” and cultural “match” with historical ways of governing, strategic planning capability, and fostering citizen engagement.

Contribution funding is provided to ensure recipient organizations are accountable for the performance of specific functions as set out in comprehensive land claim agreements.  Specific functions may include enrolment; dispute resolution; renewable resource management; surface rights; land use planning; land and water regulations; environmental impact review of resource development projects; and others responsibilities as may be established pursuant to CLCAs and/or other federal legislation.

Expected results of the negotiation and implementation of modern treaties include stable and sustainable Aboriginal governments, control and jurisdiction of programs and services, clarity and certainty of ownership and access to lands and resources, and a stable, predictable environment for economic development. The implementation of performance measurement strategies allows for data to be collected that support: 

  • Reporting on the negotiation and impacts of modern treaties;
  • Informed decision making based on results;
  • Periodic evaluations.

Key performance indicators are the percentage of active negotiation tables which refer to instances where the Parties in negotiations have concluded a major component and/or have met or surpassed Departmental negotiation objectives and where the negotiations continue to make steady progress to move in the direction of a successful conclusion and the number of annual reports, tripartite committee and Board meetings to implement the treaties.  

In the Program Activity Architecture, this authority is listed under The Government /  Aboriginal Rights and Interests and The People / Education.

4.0 Eligibility

Eligible Recipients
Negotiations

Eligible recipients include:

  1. First Nation, Inuit, and Innu communities, Indian Act bands, band groupings, (eg., such as Aboriginal organizations, tribal councils, treaty, regional or provincial institutions).
  2. Métis groups north of the 60th parallel.
  3. the British Columbia Treaty Commission (BCTC), as defined in the British Columbia Treaty Commission Act.
  4. First Nations Summit (the Summit), as defined in the British Columbia Treaty Commission Act.
  5. Provincial governments and third parties as identified in the various agreements
Treaty Commissions

Provincially and/or regionally based Treaty Commissions are established through Orders-In-Council. They function as neutral intermediaries and/or facilitators between First Nations, the federal government and often provincial governments. The Treaty Commissions will be considered to be arm's length organizations.

Eligible recipients include:

Office of the Treaty Commissioner for Saskatchewan; and
Treaty Relations Commission of Manitoba.

Implementation of Agreements

Eligible recipients include:

  1. Aboriginal groups with final agreements;
  2. Provincial and territorial governments where there is a federal requirement to provide funding for implementation of agreements purposes; and
  3. Implementing bodies created by the final agreements and/or legislation carrying out implementation activities.
Eligible Initiatives and Projects
Negotiations

Eligible initiatives are specific claims, self-government, comprehensive claims, treaty and special negotiations.

Eligible projects include: the research associated with specific claims; enhancing and building the capacity and expertise of First Nation or First Nation groups who desire to participate or are participating in one of the eligible initiatives; assisting in the negotiation and achievement of key initiatives and milestones related to eligible initiatives; community consultations on the negotiated agreements; conducting and managing the enrolment and ratification processes, and other necessary pre-treaty closing costs such as tripartite translation review.

TRM Category Scope Prerequisites Funding Source
Note- Tier II TRMs are funded using capital funds and are not part of the contribution authority.
Land and Resource Planning and Management Studies and Research: eg. land selection studies; land use planning; water availability/allocation studies; resource harvesting studies Signed Framework Agreement TRM budget
First Nation Participation in management processes: eg. joint fisheries committees, parks cooperative management planning processes Signed Framework Agreement TRM budget
Transition activities: eg. development of land codes for treaty settlement lands, licenses and documentation for resource harvesting, establishment of procedures and systems related to land and resource management, environmental assessments. Signed Agreement-in-Principle TRM budget
Governance Studies and Research:  eg. governance models, structure and organization of government, law-making authorities Signed Framework Agreement TRM budget
Constitution Development: eg. community engagement, consultation, research and legal review in development of First Nation's Constitutions Signed Framework Agreement TRM budget
Community Planning: eg. strategic planning, intergovernmental relations, harmonization, programs and services, fiscal planning Signed Framework Agreement TRM budget
Cultural Artefacts: eg. research and identification of cultural artefacts in public collections facilitate the negotiations Signed Agreement-in-Principle TRM budget
Transition activities: eg. establishing administrative policies and procedures, legislative planning and organization, human resource policies, asset and investment management Signed Agreement-in-Principle TRM budget
Economic Development Studies and Research: eg. feasibility studies, options for economic development in a Statement of Intent area Signed Framework Agreement TRM budget
Transition activities: eg. project management including comprehensive business plan development, surveys, acquiring permits/licenses, assessments. Signed Final Agreement TRM budget
Preparing for Effective Date Transition to Treaty Settlement Lands: activities associated with the transition of Indian Reserves to treaty settlement lands eg. surveys, estate matters, retirement of third party interests Signed Final Agreement TRM budget
Transition to Effective Date: activities associated with bringing the Final Agreement into effect eg. First Nation support in federal legislation approval process, translation review. Signed Final Agreement, except in the case of TRMs associated with the translation and review of a Final Agreement, for which an initialed AIP is the prerequisite. TRM budget
Overlap Consultations Two types of proposals may be considered:
  1. Funding to support a First Nation's participation in Crown consultation, which may include the following activities:
    • a review of an Agreement in Principle and/or Final Agreement, or elements of these agreements, to assess the potential impacts they may have on the First Nation's ability to exercise its asserted aboriginal or treaty rights;
    • community consultations on the above;
    • meetings with the Crown; and,
    • provision of a document to Canada setting out the First Nation's perspectives on the nature and scope of the overlap issues and the specific details of any potential adverse impacts.

  2. Funding to support a First Nation's participation in overlap and shared territory discussions with a First Nation in the British Columbia treaty process, which may include the following activities:
    • a review of an Agreement in Principle and/or Final Agreement, or elements of these agreements, to assess the potential impacts they may have on the First Nation's ability to exercise its asserted Aboriginal or treaty rights;
    • community consultations on the above;
    • meetings with a treaty-negotiating First Nation;
    • development of a protocol or shared territory agreement between First Nations; and,
    • provision of a document to Canada setting out the First Nation's perspectives on the nature and scope of the overlap issues and the specific details of any potential adverse impacts, as well as the results of the overlap discussions.
TRM negotiating mandate
recommendations for overlap consultation TRMs will be initiated by federal negotiators, pursuant to an initial funding request from the overlapping First Nation, and proposed TRM activities will support the negotiation table's overlap consultation plan.
TRM budget
Treaty Commissions

Treaty Commissions are formed jointly with First Nations organizations or governments and may also include Provincial or Territorial governments. These bodies will be considered to be arms' length.

Implementation of Agreements

Eligible initiatives and projects include implementation activities defined in the final agreement and implementation plans.

5.0 Type and Nature of Eligible Expenditures

Negotiations

Eligible expenditures include pre-treaty negotiating or closing costs, which include, but are not limited to: salaries and wages; accommodations; hardware and software needed to support data collection, analysis and reporting; communications; administrative costs; contracted professional and technical services; purchased and/or leased equipment, supplies and material; information and training services; community consultation initiatives (eg. hospitality expenses, facilities); land surveys, environmental assessments;  and travel costs.

For the BCTC:
  • All necessary operating costs incurred directly by the recipient required to discharge its duties and activities pursuant to the British Columbia Treaty Commission Act.
  • The BCTC may only provide negotiation support contributions to eligible First Nations for the purpose of enabling the preparation of and participation in treaty negotiations with Canada and British Columbia as contemplated by the British Columbia Treaty Commission (BCTC) Agreement.
For the First Nations Summit:

All necessary operating costs incurred directly by the recipient required to discharge its duties and activities as a Principal, as confirmed by the British Columbia Treaty Commission Act, in relation to the treaty process in BC, more specifically including:

  • reimbursing travel and honoraria of the Summit Task Group,
  • providing office, policy and legal support to the Summit Task Group
  • hosting a regular forum of First Nation chiefs from across the province who are participating in the treaty process, so that the Summit Task Group may consult with the Summit chiefs on treaty related issues and take direction in the form of mandating resolutions.
Treaty Commissions

Eligible expenditures include all expenditures normally consistent with the activities being performed by the Treaty Commissions and reflected in the budget approved by DIAND that fall within the scope of the purpose and powers of the Treaty Commissions.

Implementation of Agreements

Eligible expenditures include all negotiated expenditures approved by all parties as outlined in the implementation plan (in the case of a comprehensive land claim) or for the implementation of activities and obligations.

Cree and Inuit Education

The level of funding for the Crees is defined by the financial parameters established within the Tripartite Negotiation process.  By virtue of Article 16.023 of the JBNQA, this process involves the participation of the Crees, Quebec, including the Quebec Ministry of Education and DIAND representing Canada. 

The Law of Public Instruction constitutes other budget regulation established by the Quebec Ministry of Education and with the Kativik School Board.  These regulations determine the funding parameters for the Crees and Inuit. 

The school board budget regulations cover the operational expenditures, maintenance and fixed amounts related to elementary, secondary and adult education.  These documents define the terms and conditions which directs the eligible expenditures.

6.0 Total Canadian Government Funding and Stacking Limits

Implementation and Negotiation

Total government assistance for the same purpose and eligible expenditures shall not exceed 100% of the eligible expenditures.

BCTC

Funding is cost shared with the Province of British Columbia with the maximum contribution by DIAND being 60% and the provincial assistance being 40%.  No other federal department contributes funding to the BCTC.

Treaty Commissions

The Treaty Commissions receive 100% of their core funding from DIAND and total government assistance for the same purpose and eligible expenditures shall not exceed 100% of the eligible expenditures.

7.0 Method for Determining the Amount of Funding

Negotiations

Amount of funding is determined through negotiations and based on an analysis of the planned activities including a review of going rates as well as through the assessment of written project-specific proposals which will include: a description of the project objective(s), activities and deliverables, a budget outlining the program activities and costs, and, a cash flow projection based on the budget proposal, including identification of any additional funding sources.
TRM contribution amounts will be determined through the assessment of project-specific proposals which will include: a description of the project objective(s), activities and deliverables; a budget outlining the estimated project costs associated with the proposed activities; a cash flow projection based on the budget proposal; and identification of any additional funding sources.

DIAND will ensure that the contribution amount is at the minimum level required to achieve the proposed project objectives and the results expected from the recipient, and that the funding amount does not exceed the maximum total government assistance specified in the terms and conditions.

Treaty Commissions

The level of funding will be determined based on detailed annual budgets and operating plans linked to products (outputs) or the provision of services.  These bodies will be accountable through the terms and conditions of their funding agreements, their terms of appointment and possible articles of incorporation.

Implementation of Agreements

Negotiated expenditures are approved by all parties and outlined in the implementation plan. The level of funding for the Crees is defined by the financial parameters established within the Tripartite Negotiation process. 

8.0 Maximum Amount Payable

Negotiations

The maximum amount payable to any one recipient will not exceed the amounts outlined in the following table, except for funding under the BCTC process.

Self-Government Negotiation Funding Levels - ($000s/year)
Aggregation Sectoral Comprehensive
  Urban Remote** Urban Remote**
*The source for the population figures will be either the Indian Register or the Band Membership list, depending on which group has responsibility for such statistics.
**Where applicable, maximums are higher to allow for travel costs in remote regions of the country
First Nations
(typically under 1500*)
N/A N/A 325 375
Tribal Council and First Nations (typically over 1500*) 550 650 1,000 1,200
Treaty/Regional 1,000 1,200 2,000 2,300
Provincial 1,750 2,100 2,500 3,000
Treaty Related Measures

The maximum amount payable to a recipient in any one year will be administered according to the following stages of negotiations:

  • a recipient in Agreement-in-Principle negotiations will not exceed $500,000 a year;
  • a recipient in Final Agreement negotiations will not exceed $1 million a year;
  • a recipient in the pre-effective date stage of negotiations (between Final Agreement and Effective Date) will not exceed $1.5 million a year.
Treaty Commissions

The maximum amount payable will not exceed $1.5 million, or commission specific amounts to be approved by Treasury Board.

Implementation of Agreements

The maximum amount payable to any one recipient will be in accordance with the agreed upon activities contained in the final agreement and implementation plan.

The department has in place, a formalized mandating process for the implementation of comprehensive land claim agreements, which includes Central Agency participation. The mandating process sets out the maximum amounts payable to each recipient.

9.0 Basis on Which Payments will be Made

Payments will be based on the deliverables, as laid out in the contribution agreements.  The final payment in the contribution agreement may be withheld until such time as interim audit report or financial audit report has been received by the Department.  In the event that final payment must be made prior to the receipt of an interim audit report or a final audit report, and the audit report, when received, indicates that an unallowable expenditure has been reimbursed, DIAND may recover that amount from future contribution arrangement being entered into with that recipient.

Advance payments will be based on need as identified in the recipient's cash flow forecast. Payments will be made in accordance with the type of funding authority entered into (Set, Fixed, Flexible), and will also be based on program risk, recipient risk and departmental cash management and agreement management policies. Final payments are paid on the basis of achieving performance objectives and an accounting of eligible expenditures, as set out in the DIAND-approved TRM proposals negotiated between DIAND and First Nations, consistent with the expected outcomes of the TRM initiative.

TRMs will not be used to fund transition activities of a First Nation that can be funded out of one-time implementation funding that may be flowed after final agreement but before the pre-Effective Date and pre-Effective Date one-time implementation or self-government funding.

10.0 Application Requirements and Assessment Criteria

Negotiations

Applications must go through two stages:

  1. that the applicant has demonstrated its ability to enter into the Self-Government Process;
  2. that the applicant is eligible for negotiation funding.
1) Entering the Self-Government Negotiation Process

Prior to entering any self-government negotiation process, other than that conducted under the BCTC, all applicants must undergo a detailed assessment using, inter alia, the following criteria:

  1. Demonstrated community support and commitment for self-government negotiations, as indicated by:
    • a commitment by Aboriginal leaders to begin substantive negotiations and assume the jurisdiction being sought, as demonstrated through a Band, Treaty, Regional or Provincial Council Resolution;
    • A band, Tribal, Regional or Provincial Council Resolution, or other similar evidence, attesting to the communities' support for self-government negotiations and support for their authorized representatives; and
    • a qualitative evaluation by the Regional Director General of the degree of community support for the proposed self-government negotiations.
  2. Readiness to start substantive self-government negotiations, as indicated by:
    1. An assessment by the Regional Director General and Headquarters officials of the quality of self-government proposal, including:
      • a description of proposed governing structures and accountability mechanism;
      • a description of jurisdiction to be negotiated;
      • an identification of other substantive and procedural matters; and
      • a description of proposed ratification procedure.
    2. An assessment by the Regional Director General and Headquarters officials of the quality of the preparedness of the Aboriginal group to begin negotiations including:
      • the presence of a mandated negotiating team in place;
      • the degree to which Aboriginal groups have assumed responsibilities under existing authorities;
      • the extent of existing political and institutional structures;
      • past and present financial management practices; and
      • other current key First Nation activities (eg., Claims, litigation, economic development projects, etc).
  3. An evaluation by Headquarters of the feasibility of the self-government proposal as indicated by:
    • compatibility of the proposal to the Inherent Right Policy, through a written analysis of the proposal against the policy parameters.
  4. An evaluation by Headquarters of the affordability of the proposal considering:
    • complexity of the proposal;
    • size/aggregation of Aboriginal group;
    • jurisdiction to be assumed;
    • achievable products and milestones;
    • the federal government's fiscal framework and existing resources; and
    • the availability of other funds.
  5. An evaluation by Headquarters/Region of provincial/territorial representation, as indicated by:
    • where applicable, willingness of the province or territory to support and fund negotiations; and
    • where applicable, willingness of the Aboriginal group to involve the province or territory.
  6. A joint Region/HQ recommendation is then made to the Minister who decides whether the Aboriginal group is accepted into the self-government negotiation process.
2)  Applying for Negotiation funding

Recipients for Negotiation Preparedness Initiative and Self-Government Negotiation Support funding are required to demonstrate the eligibility for funding according to the following criteria:

  1. Funding assistance is provided based on project/initiative proposals, including detailed budgets prepared by eligible recipients and are based on jointly approved main table work-plans.
  2. These plans/proposals must outline in an appropriate document the project name; full extent of activities and services to be undertaken by or on behalf of the Aboriginal community, including the purpose and objectives of the project and its relationship to the initiative's objectives; details of program implementation; estimated start and completion dates; evaluation and performance measurement information; the total cost to be borne by each of the parties involved; the employment expected to be generated (where applicable); a sufficiently detailed financial and operating plan showing progress to be made in provision of the services or services and costs thereof, and cash flow statements.  The proposals and budgets are reviewed and approved jointly by Headquarters Funding Officers and Regional Funding Service Officers.
  3. The applicant's record of achievement, if any, in previously funded endeavours.
  4. The application of sound financial management practices as demonstrated by the applicant's audited financial statement.
  5. The establishment of measurable project objectives.
  6. The cost-effectiveness of the project.
  7. The incorporation of a traditional knowledge component or demonstrated sensitivity to Aboriginal culture.
  8. The project has the potential to complement and support other existing or proposed capacity or research initiatives.
  9. Funding is to be trackable at the Indian, Inuit, Innu and Métis north of the 60th parallel, group/community level.
  10. There must be no other source of funding for that portion of the project available to the applicant within the federal system.

TRMs will be considered in accordance with the following general criteria:

  1. Funds are to be spent on measures that advance the progress of treaty negotiations, promote good governance and cooperative relationships for First Nations, or prepare First Nations to implement eventual treaties;
  2. TRMs will be time-limited, with provisions that reflect the temporary nature of the agreements. Normally, a TRM's duration will not exceed five years, unless renewal provisions specify otherwise. Where appropriate, treaty provisions will replace TRMs upon the effective date;
  3. The recipient is a legal entity created for, or which has agreed to assume, the performance of specific functions to implement a particular treaty-related measure;
  4. Specific prerequisites for a particular TRM have been met;
  5. Project proposals will include: a description of the project objective(s), activities and deliverables; a budget outlining the program activities and costs; and a cash flow projection based on the budget proposal, including identification of any additional funding sources; and
  6. Where required, a signed cost-sharing agreement between Canada and the province of British Columbia.

Recipients who are former public office holders must respect and comply with the Conflict of Interest and Post-Employment Code for Public Office Holders and the Conflict of Interest and Post-Employment Code for the Public Service (2003).  Recipients who are former public servants must respect and comply with the Values and Ethics Code for the Public Service. Where an applicant employs or has a major shareholder who is either a current or former (in the last twelve months) public office holder or public servant in the federal government, compliance with the Code must be demonstrated.

British Columbia Treaty Commission Funding
  1. BCTC operations:  Pursuant to the British Columbia Treaty Commission Act, the BCTC shall submit its proposed operating budget to the Principals (Canada, British Columbia and the First Nations Summit) each year for their review and approval.  The BCTC will not commit or purport to commit the Principals to expenditures except as provided for in the British Columbia Treaty Commission Operating Costs and Public information Costs Agreement.
  2. BCTC negotiation support funding contributions to First Nations:   The BCTC shall submit its proposed First Nation negotiation support funding budget to the Principals.  Taking this into consideration, the Principals establish the Annual Negotiation Support Budget available to the BCTC for allocation among First Nations, in accordance with the terms and conditions of a contribution agreement among Canada, British Columbia and BCTC established for that purpose.
First Nations Summit Funding

DIAND funding to the First Nations Summit is in the form of core funding to support the First Nations Summit's role as a Principal as confirmed by the British Columbia Treaty Commission Act.

Treaty Commissions

The Department of Indian Affairs and Northern Development (DIAND) officials will periodically review the recipient's progress, demonstrated capability and results achieved in light of DIAND's objectives.  Future funding decisions will take into account the success of previous undertakings.

Implementation of Agreements

Funding will be made to qualified recipient organizations carrying out an implementation activity as defined in the final agreement and implementation plans.

11.0 Due Deligence and Reporting

To support a reduction in the reporting burden, performance measurement data will be collected using various methods and sources. Recipient requirements will be set out in departmental recipient reporting documents. Frequency of reporting will be based on recipient risk.

12.0 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.

13.0 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.

14.0 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.

15.0 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.

16.0 Other Terms and Conditions

Not applicable