Table Summary of Changes 2016-2017: Funding Agreement Model for Other Recipients (other than First Nations and Tribal Councils)

PROPOSED MODIFICATIONS — WHAT HAS CHANGED FOR 2016–2017 ADJUSTED OR NEW SECTION NEW TEXT (if applicable) TEXT FROM 2015–2016 MODEL (if applicable)
Adjustments made in response to comments/feedback received from some Recipients on funding agreement models Clarification on Personal Interest Revised Section 8.3 (b) 8.3 The Recipient must implement and maintain conflict of interest guidelines. At a minimum, the conflict of interest guidelines must:
(b) require any employee or representative of the Recipient who is in a conflict of interest relating to a decision to be made by the Recipient to disclose this conflict to the Recipient and then withdraw from the decision-making discussions.
8.3 The Recipient must implement and maintain conflict of interest guidelines. At a minimum, the conflict of interest guidelines must:
(b) require that an employee or representative of the Recipient who has a personal interest in the outcome of a decision to be made by the Recipient, disclose this interest to the Recipient and then withdraw from the decision-making discussions.
Clarification on the exceptions and limitations of the Dispute Resolution Process (Procedures) Revised Section 28.1 28.1 The parties agree to attempt to resolve disputes with respect to this Agreement through negotiation or another appropriate dispute resolution process, except that a dispute resolution process will not be used regarding:
(a) a Recipient budget decision made in accordance with this Agreement
(b) the amount of funding provided under this Agreement, and
(c) a Government of Canada audit or evaluation.
28.1 The parties agree to attempt to resolve disputes with respect to this Agreement through negotiation or another appropriate dispute resolution process, except that a dispute resolution process will not be used regarding:
(a) a Recipient budget decision made in accordance with this Agreement
(b) the amount of funding provided under this Agreement
(c) a Government of Canada audit or evaluation
(d) a Government of Canada decision that the Recipient is in default
(e) any action taken by the Government of Canada under section 6 (Funding legislation and federal funding programs) or section 20 (Remedies on default), and
(f) matters of Government of Canada policy.
New Section 28.2 28.2 Using negotiation or another dispute resolution process will not suspend or delay a Government of Canada decision that the Recipient is in default or any action taken by the Government of Canada under section 6 (Funding legislation and federal funding programs) or section 20 (Remedies on default).  
Adjustment to clarify recovery of grant funding Annex 3 – Conditions of Payment – DIAND funding
Revised Section 2.20
2.20 If the Recipient no longer meets DIAND eligibility requirements for any funding identified as GRANT in the Payment Plan in Annex 4, DIAND may require the Recipient to pay back to DIAND any amount up to the full amount of that GRANT funding that has been paid to the Recipient. 2.20 Any amount identified as GRANT in the Payment Plan must be paid back to the Government of Canada if the Recipient no longer meets DIAND eligibility requirements for GRANT funding.
Adjustment to align the provisions of the agreement with the new opportunity to include multi-year budget allocation in a multi-year schedule of payments in funding agreements New Section 5.2 5.2 If this Agreement covers more than one fiscal year, Annex 4 - Payment Plan will set out a payment schedule for the first fiscal year and the Government of Canada will, by notice, before each subsequent fiscal year, provide a revised payment schedule for that fiscal year.  
Annex 3 – Conditions of Payment – DIAND funding
Revised sections 1.1 and 1.2
1.1 Subject to the terms of this Agreement, DIAND will, in each fiscal year, pay to the Recipient up to the amounts set out in Annex 4 - Payment Plan for that fiscal year.

1.2 The Payment Plan in Annex 4 identifies the maximum amounts for each initiative for each fiscal year.
1.1 Subject to the terms of this Agreement, maximum amounts payable by DIAND to the Recipient by fiscal year are as follows:
An amount of up to [Arrangement Amount Year 1 Alpha] dollars ($[Arrangement Amount Year 1 Numeric]) for Fiscal Year [Fiscal Year 1];
An amount of up to [Arrangement Amount Year 2 Alpha] dollars ($[Arrangement Amount Year 2 Numeric]) for Fiscal Year [Fiscal Year 2];
An amount of up to [Arrangement Amount Year 3 Alpha] dollars ($[Arrangement Amount Year 3 Numeric]) for Fiscal Year [Fiscal Year 3];
An amount of up to [Arrangement Amount Year 4 Alpha] dollars ($[Arrangement Amount Year 4 Numeric]) for Fiscal Year [Fiscal Year 4]; and
An amount of up to [Arrangement Amount Year 5 Alpha] dollars ($[Arrangement Amount Year 5 Numeric]) for Fiscal Year [Fiscal Year 5].

1.2 The Payment Plan in Annex 4 identifies the maximum amounts payable for each initiative for each fiscal year.
Adjustment to the "Management Development Plan" definition to remove the limitation related to the plan Revised Annex 1 - "Management Development Plan" definition a plan developed and approved by the Recipient which addresses the recommendations identified in a DIAND assessment of the Recipient's administrative, accountability, and management practices. The plan must be accepted by DIAND and implemented by the Recipient, and is an annex to this Agreement. a plan developed and approved by the Recipient which addresses the recommendations identified in a DIAND assessment of the Recipient's administrative, accountability, and management practices. The plan must be accepted by DIAND and implemented by the Recipient before the signing of this Agreement, and is an annex to this Agreement.
Adjustment to "DIAND" definition Revised Definition of "DIAND" "DIAND" means the Department of Indian Affairs and Northern Development which is also known as Indigenous and Northern Affairs Canada or INAC. "DIAND" means the Department of Indian Affairs and Northern Development also known as Aboriginal Affairs and Northern Development Canada.
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