Provincial/Territorial Funding Agreement Model – 2016-2017

FUNDING AGREEMENT

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
as represented by [Federal Department Flowing Funds],
and the Minister of Indian Affairs and Northern Development;

(hereinafter referred to as "Canada")

AND

[COMMENT]Note: The "One agreement by Recipient" principle is to be applied using the Minister and not the Province or Territory.[/COMMENT]

THE [Name of Recipient]
as represented by the Minister of [Name of Ministry].

(hereinafter referred to as the [Identify as a "Province" or "Territory"])

WHEREAS:

  1. The [Identify as a "Province" or "Territory"] wishes to provide certain programs and/or services and/or to carry out certain activities; and
  2. Canada wishes to transfer funds to the [Identify as a "Province" or "Territory"] for those program(s), service(s) and/or activity(ies) through the federal institution(s) with respect to which the Minister(s) representing Canada in this Agreement preside(s) or is(are) responsible.

NOW THEREFORE the parties agree as follows:

1.0 Interpretation

1.1 Definitions

1.1.1 In this Agreement, unless otherwise provided:

[COMMENT]Note: When option 3 of Section 6.1 (Delegation) is selected, the following "Agency" definition is to be removed.[/COMMENT]

"Agency" means, except in respect of any reference to a federal government agency, an authority, board, committee, or other entity authorized to act on behalf of the [Identify as a "Province" or "Territory"].

"Agreement" means this Agreement and includes all Schedules, any Notices of Budget Adjustment, and any amendments made in accordance with section 12.3 (Amendments), section 3.2 (Funding Subject to Appropriation and Departmental Funding Authorities), subsection 4.3.3, section 3.2 (Adjustment of Amounts Allocated by Period) of Schedule "DIAND-2" and subsection 3.3 (Where Amounts Not Allocated by Period) of Schedule "DIAND-2".

"Cash Flow" means the payments Canada will make to the [Identify as a "Province" or "Territory"] in accordance with Schedule "FED-1".

"DIAND" means the Department of Indian Affairs and Northern Development which is also known as Indigenous and Northern Affairs Canada or INAC.

"Federal Department" means DIAND or any other federal government institution with respect to which a Minister representing Her Majesty the Queen in Right of Canada in this Agreement presides or is responsible and through which Canada provides funding under this Agreement.

[COMMENT]Note: Where the Province or Territory is required to provide financial reports, the following "Financial Reports" definition is to be included. [/COMMENT]

"Financial Reports" means the [Identify as a "Province" or "Territory"]'s financial reports prepared in accordance with section 4.3 (Reporting).

"Fiscal Year" means a one year period, beginning April 1 of a year and ending March 31 of the following year that covers or partly covers the term of this Agreement.

"Notice of Budget Adjustment" means a notice to the [Identify as a "Province" or "Territory"] from Canada that changes the amount of funding provided under this Agreement in accordance with section 3.3 (Formula-based or Factor-based Funding Adjustment).

[COMMENT]Note: Where the Province or Territory is required to provide reports in accordance with the RG, the following "Reporting Guide" definition is to be included.[/COMMENT]

"Reporting Guide" (RG) means the applicable Reporting Guide published by DIAND for a Fiscal Year.

"Schedule" means a Schedule to this Agreement.

1.2 Multiple Funding Department

1.2.1 Except where otherwise indicated or prohibited by law, where more than one Federal Department provides funding under this Agreement, Canada's rights and remedies under this Agreement may be exercised by any Federal Department, and Canada's obligations under this Agreement may be carried out by any Federal Department, as determined by Canada.

2.0 Term

2.1 Subject to section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities), article 9.0 (Remedies on Default) and article 11.0 (Termination), the term of this Agreement will be from the [Multi Year Start Date Day] day of [Multi Year Start Date Month], [Multi Year Start Date Year] until the [Multi Year End Date Day] day of [Multi Year End Date Month], [Multi Year End Date Year].

3.0 Funding From Canada

3.1 Provision of Funding

3.1.1 Subject to the terms and conditions of this Agreement, Canada shall transfer to the [Identify as a "Province" or "Territory"] funding for each Fiscal Year covered by this Agreement in accordance with Schedule "DIAND-2" of this Agreement up to the amount set out in Schedule "FED-1".

3.1.2 Canada shall transfer funding according to the schedule of periodic payments set out in Schedule "FED-1". If this Agreement covers more than one Fiscal Year, Schedule "FED-1" will set out a schedule of periodic payments for the first Fiscal Year and Canada shall by notice, before each subsequent Fiscal Year, provide a revised schedule of periodic payments for that Fiscal Year.

3.1.3 If funding is provided under this Agreement by more than one Federal Department, DIAND may transfer the funding on behalf of other Federal Departments.

3.2 Funding Subject to Appropriations and Departmental Funding Authorities

3.2.1 Notwithstanding any other provision of this Agreement, the amount of any funding to be provided to the [Identify as a "Province" or "Territory"], as otherwise calculated or payable pursuant to this Agreement, is subject to the appropriation of funds by the Parliament of Canada.

3.2.2 In the event that any funding authority of DIAND or any other Federal Department for any program, service or activity for which funding is provided under this Agreement is modified or canceled by the Treasury Board of Canada or by that Federal Department, or if funding levels of DIAND or any other Federal Department are reduced, increased or canceled by Parliament for any Fiscal Year in which payment is to be made under this Agreement, Canada may terminate or adjust the amount of funding under this Agreement accordingly.

[COMMENT]Note: Where a predetermined adjustment factor is included in Schedule ''DIAND-3'' of the Agreement, the following section 3.3 is to be included. If 3.3. is removed, please ensure the proper renumeration of clauses and resulting changes to references included in those clauses are adjusted accordingly as well as references in paragraph 12.3.1.[/COMMENT]

3.3 Formula-based or Factor-based Funding Adjustments

3.3.1 Where the amount of funding for any program, service or activity as set out in Schedule "FED-1" is changed in accordance with an adjustment factor set out in the Schedule "DIAND-3", Canada shall, by Notice of Budget Adjustment, amend Schedule "FED-1" accordingly.

3.4 Holdback

3.4.1 If Schedule "FED-1" shows a "Holdback" amount for any program, service or activity for which funding is provided under this Agreement, Canada will not release that amount until the requirements of this section are met.

3.4.2 Subject to article 5.0 (Amounts Owing to Canada), for each program, service or activity for which an amount is held back under subsection 3.4.1, Canada shall pay to the [Identify as a "Province" or "Territory"] that amount within forty-five (45) days of the [Identify as a "Province" or "Territory"]'s fulfillment to Canada's satisfaction of all reporting requirements of this Agreement relating to that program, service or activity.

4.0 [Identify as a "Province" or "Territory"]'s RESPONSIBILITIES

4.1 Programs, Services and Activities

4.1.1 The [Identify as a "Province" or "Territory"] shall provide the programs and services and carry out the activities for which funding is provided under this Agreement in accordance with the delivery requirements set out in the Schedules.

4.2 Record Keeping

4.2.1 Without limiting section 4.3 (Reporting) or any other requirement to maintain accounts and records, the [Identify as a "Province" or "Territory"] shall maintain accounts and financial and non-financial records for each program, service and activity for which funding is provided under this Agreement, and shall retain these accounts and records, including all original supporting documentation, for a period of seven (7) years from the end of the latest Fiscal Year to which the accounts and records relate.

[COMMENT]Note: Where the Province or Territory is required to provide financial reports in accordance with the RG, the following subsection 4.2.2 is to be included.[/COMMENT]

4.2.2 The accounts and records referred to in subsection 4.2.1 must be maintained in such a way as to substantiate the schedules of revenue and expenses to be provided to DIAND in accordance with the Reporting Guide.

4.2.3 The [Identify as a "Province" or "Territory"] shall comply with any additional requirements to maintain accounts and records set out in any Schedule.

[COMMENT]Note: Where the Province or Territory is required to provide financial reports in accordance with the RG or program report(s), the appropriate following subsection(s) under section 4.3 is (are) to be included.[/COMMENT]

4.3 Reporting

[COMMENT]Note: Where the Province or Territory is required to provide financial reports in accordance with the RG the following subsection 4.3.1 is to be included.[/COMMENT]

4.3.1 The [Identify as a "Province" or "Territory"] shall prepare Financial Reports in accordance with the Reporting Guide for each Fiscal Year and shall deliver those Financial Reports to DIAND, and to any other Federal Department that requests them, within one hundred and twenty (120) days of the end of each Fiscal Year.

[COMMENT]Note: Where the Province or Territory is required to provide program report(s) the following subsection 4.3.2 is to be included.[/COMMENT]

4.3.2 The [Identify as a "Province" or "Territory"] shall submit to DIAND all reports listed in Schedule "DIAND-4", on or before the due dates set out in that Schedule, according to the requirements for each report as set out in the Reporting Guide and in Schedule "DIAND-3", as applicable.

4.3.3 If this Agreement covers more than one Fiscal Year, DIAND may, by advance notice to the [Identify as a "Province" or "Territory"] issue a new Schedule "DIAND-4" for each Fiscal Year. The Schedule "DIAND-4" for a Fiscal Year will continue to apply to that Fiscal Year.

4.3.4 Canada may, by notice to the [Identify as a "Province" or "Territory"], extend the deadline for the receipt of any report to be submitted to DIAND under this section if the [Identify as a "Province" or "Territory"] provides notice before the applicable due dates of circumstances beyond the [Identify as a "Province" or "Territory"]'s control preventing the [Identify as a "Province" or "Territory"] from meeting the deadlines.

[COMMENT]Note: Where the Province or Territory is required to provide financial reports the following subsection 4.3.5 is to be included.[/COMMENT]

4.3.5 Canada shall provide the [Identify as a "Province" or "Territory"] with notice of receipt within thirty (30) days of receiving the Financial Reports.

4.3.6 The [Identify as a "Province" or "Territory"] shall fulfill all other reporting requirements set out in the Schedules.

4.3.7 This section survives the expiry or termination of this Agreement.

4.4 Ineligible Expenditures and Unexpended Funding

4.4.1 The [Identify as a "Province" or "Territory"] shall reimburse to Canada ineligible expenditures, unexpended funds, and funding from other sources in accordance with the requirements set out in the Schedules.

4.4.2 This section survives the expiry or termination of this Agreement.

4.5 Additional Responsibilities

4.5.1 The [Identify as a "Province" or "Territory"] shall fulfill any additional obligations set out in any Schedule.

5.0 Amounts Owing to Canada

5.1 Any amount to be reimbursed to Canada by the [Identify as a "Province" or "Territory"] under this Agreement or that is otherwise owed to Canada by the [Identify as a "Province" or "Territory"] under this Agreement, is a debt due to Canada. Canada shall notify the [Identify as a "Province" or "Territory"] of any such amount owing and such amount will be payable to Canada at the time that the notice is given. Canada may thereafter set off such amount against any amount payable to the [Identify as a "Province" or "Territory"] under this Agreement or any other funding agreement through which a Federal Department provides funding to the [Identify as a "Province" or "Territory"].

5.2 The [Identify as a "Province" or "Territory"] shall promptly notify DIAND of any amount owing to Her Majesty the Queen in Right of Canada under any legislation, regulation or any other funding agreement.

5.3 Canada may set off any amount referred to in section 5.2 against any amount payable to the [Identify as a "Province" or "Territory"] under this Agreement.

5.4 Sections 5.1 and 5.3 survive the expiry or termination of this Agreement.

6.0 Delegation of Obligations

DELEGATION OF OBLIGATIONS

[COMMENT]Note: Please choose the applicable 1 of the following 3 options for clause 6.0 DELEGATION OF OBLIGATIONS:[/COMMENT]
[COMMENT]OPTION #1: To be used where the Province or Territory may delegate some of its responsibilities under this Agreement, but are not required to provide financial reports that are in accordance with the RG.[/COMMENT]

6.1 Delegation

6.1.1 Where the [Identify as a "Province" or "Territory"] delegates any or all of its obligations under this Agreement to an Agency or transfers funding to an Agency to provide, in whole or in part, programs, services or activities for which funding is provided under this Agreement, the [Identify as a "Province" or "Territory"] shall ensure that the Agency:

  1. has a specified mandate, a clearly identified role and a defined relationship with the [Identify as a "Province" or "Territory"];
  2. adheres to the accountability principles set out in this Agreement;
  3. maintains accounts and financial and non-financial records for each program, service or activity in respect of which the [Identify as a "Province" or "Territory"] has delegated obligations or transferred funding to the Agency, and retains these accounts and records, including all original supporting documentation, for a period of seven (7) years from the latest Fiscal Year to which the accounts and records relate;
  4. in the event of an audit or evaluation under article 7.0 (Access by Canada to Records) or section 12.5 (Audit and Evaluation), upon request of the auditors or evaluators as the case may be:
    1. provides to those auditors or evaluators all accounts and records, including supporting documentation, of the Agency relating to any program, service or activity in respect of which the [Identify as a "Province" or "Territory"] has delegated obligations or transferred funding to the Agency;
    2. allows those auditors or evaluators to inspect such accounts and records and, except where prohibited by law, take copies and extracts of such accounts and records;
    3. provides all necessary assistance to those auditors or evaluators, including providing them with access to the Agency's premises;
    4. directs any entity that has provided accounting or record keeping services to the Agency to provide to the auditors or evaluators copies of accounts and records relating to any program, service or activity in respect of which the [Identify as a "Province" or "Territory"] has delegated obligations or transferred funding to the Agency; and
  5. does not delegate any of these obligations or transfer funding to a representative or agent.

6.1.2 Without limiting the generality of subsection 6.1.1, where the [Identify as a "Province" or "Territory"] delegates any or all of its obligations under this Agreement or transfers funding provided under this Agreement to an Agency, the terms of the delegation or transfer of funding will be evidenced by a written agreement between the [Identify as a "Province" or "Territory"] and the Agency that:

  1. sets out the obligations of the Agency, including those necessary for the [Identify as a "Province" or "Territory"] to fulfill the requirements of subsection 6.1.1;
  2. provide that no agency, association, employer-employee, or joint venture relationship is created between the Agency and Canada; and
  3. is executed by authorized representatives of the [Identify as a "Province" or "Territory"] and of the Agency.

6.1.3 Upon the written request of a Federal Department during the term of this Agreement or within seven (7) years of its expiry or termination, the [Identify as a "Province" or "Territory"] shall provide to that Federal Department a copy of the agreement referred to in subsection 6.1.2.

6.2 Delegating [Identify as a "Province" or "Territory"] Remains Liable

6.2.1 Where the [Identify as a "Province" or "Territory"] delegates any or all of its obligations under this Agreement, the [Identify as a "Province" or "Territory"] will remain liable to Canada for the fulfillment of all of its obligations under this Agreement.

6.2.2 Where the [Identify as a "Province" or "Territory"] transfers funding to an Agency to provide, in whole or in part, any program, service or activity for which funding is provided under this Agreement, the [Identify as a "Province" or "Territory"] will remain liable to Canada for the fulfillment of all of its obligations under this Agreement.

6.2.3 This section survives the expiry or termination of this Agreement.

6.3 Additional obligations

6.3.1 The [Identify as a "Province" or "Territory"] shall comply with any additional obligations on delegation, and any obligations on subcontracting and assignment, that are set out in the Schedules.

[COMMENT]OPTION #2: To be used where the Province or Territory may delegate some of it's responsibilities under this Agreement and is required to provide financial reports that are in accordance with the RG. [/COMMENT]

6.1 Delegation

Where the [Identify as a "Province" or "Territory"] delegates any or all of its obligations under this Agreement to an Agency or transfers funding to an Agency to provide, in whole or in part, programs, services or activities for which funding is provided under this Agreement, the [Identify as a "Province" or "Territory"] shall ensure that the Agency:

  1. has a specified mandate, a clearly identified role and a defined relationship with the [Identify as a "Province" or "Territory"];
  2. adheres to the accountability principles set out in this Agreement;
  3. provides to the [Identify as a "Province" or "Territory"] financial reports prepared:
    1. in accordance with the Reporting Guide; and
    2. in a manner permitting the preparation of the Financial Reports by the [Identify as a "Province" or "Territory"];
  4. consents to the release by the [Identify as a "Province" or "Territory"] to any Federal Department of the financial reports provided to the [Identify as a "Province" or "Territory"] under paragraph 6.1.1 (c);
  5. maintains accounts and financial and non-financial records for each program, service or activity in respect of which the [Identify as a "Province" or "Territory"] has delegated obligations or transferred funding to the Agency, and retains these accounts and records, including all original supporting documentation, for a period of seven (7) years from the latest Fiscal Year to which the accounts and records relate;
  6. in the event of an audit or evaluation under article 7.0 Access by Canada to Records) or section 12.5 (Audit and Evaluation), upon request of the auditors or evaluators as the case may be:
    1. provides to those auditors or evaluators all accounts and records, including supporting documentation, of the Agency relating to any program, service or activity in respect of which the [Identify as a "Province" or "Territory"] has delegated obligations or transferred funding to the Agency;
    2. allows those auditors or evaluators to inspect such accounts and records and, except where prohibited by law, take copies and extracts of such accounts and records;
    3. provides all necessary assistance to those auditors or evaluators, including providing them with access to the Agency's premises;
    4. directs any entity that has provided accounting or record keeping services to the Agency to provide to the auditors or evaluators copies of accounts and records relating to any program, service or activity in respect of which the [Identify as a "Province" or "Territory"] has delegated obligations or transferred funding to the Agency; and
  7. does not delegate any of these obligations or transfer funding to a representative or agent.

6.1.2 Without limiting the generality of subsection 6.1.1, where the [Identify as a "Province" or "Territory"] delegates any or all of its obligations under this Agreement or transfers funding provided under this Agreement to an Agency, the terms of the delegation or transfer of funding will be evidenced by a written agreement between the [Identify as a "Province" or "Territory"] and the Agency that:

  1. sets out the obligations of the Agency, including those necessary for the [Identify as a "Province" or "Territory"] to fulfill the requirements of subsection 6.1.1;
  2. provide that no agency, association, employer-employee, or joint venture relationship is created between the Agency and Canada; and
  3. is executed by authorized representatives of the [Identify as a "Province" or "Territory"] and of the Agency.

6.1.3 Upon the written request of a Federal Department during the term of this Agreement or within seven (7) years of its expiry or termination, the [Identify as a "Province" or "Territory"] shall provide to that Federal Department:

  1. a copy of the agreement referred to in subsection 6.1.2; and
  2. a copy of the financial reports provided to the [Identify as a "Province" or "Territory"] by the Agency under paragraph 6.1.1 (c).

6.2 Delegating [Identify as a "Province" or "Territory"] Remains Liable

6.2.1 Where the [Identify as a "Province" or "Territory"] delegates any or all of its obligations under this Agreement, the [Identify as a "Province" or "Territory"] will remain liable to Canada for the fulfillment Agreement No.: [Arrangement Number] of all of its obligations under this Agreement.

6.2.2 Where the [Identify as a "Province" or "Territory"] transfers funding to an Agency to provide, in whole or in part, any program, service or activity for which funding is provided under this Agreement, the [Identify as a "Province" or "Territory"] will remain liable to Canada for the fulfillment of all of its obligations under this Agreement.

6.2.3 This section survives the expiry or termination of this Agreement.

6.3 Additional obligations

6.3.1 The [Identify as a "Province" or "Territory"] shall comply with any additional obligations on delegation, and any obligations on subcontracting and assignment, that are set out in the Schedules.

[COMMENT] OPTION #3: To be used where the Province or Territory will not be delegating any of its obligations nor transferring any funding under the Agreement to an Agency, the following clause may replace sections 6.1, 6.2 and 6.3 [as well, the definition of an Agency in Definitions should be deleted].[/COMMENT]

6.1 Delegation

6.1.1 The [Identify as a "Province" or "Territory"] shall not delegate, subcontract, or assign any of its obligations under this Agreement.

7.0 Access By Canada to Records

7.1 Canada May Audit Accounts and Records

7.1.1 Upon request or with agreement of the [Identify as a "Province" or "Territory"], any Federal Department may, individually or in conjunction with other Federal Departments or the [Identify as a "Province" or "Territory"], audit or cause to have audited the accounts and records of the [Identify as a "Province" or "Territory"] and any Agency at any time during the term of this Agreement or within seven (7) years of the termination or expiry of this Agreement, in order to:

  1. assess or review the compliance of the [Identify as a "Province" or "Territory"] with the terms and conditions of this Agreement;
  2. review the program management and financial control practices of the [Identify as a "Province" or "Territory"] in relation to this Agreement; or
  3. confirm the integrity of any data which has been reported by the [Identify as a "Province" or "Territory"] pursuant to this Agreement.

7.2 Scope and Timing of Audit of Accounts and Records

7.2.1 The scope, coverage and timing of any audit under section 7.1 (Canada May Audit Accounts and Records) will be determined by Canada in collaboration with the [Identify as a "Province" or "Territory"].

7.2.2 Any audit under section 7.1 will be carried out by auditors employed or contracted by Canada and, where the parties agree, by auditors employed or contracted by the [Identify as a "Province" or "Territory"].

7.3 Auditors' Access to Accounts, Records and Premises

7.3.1 In the event of an audit under section 7.1 (Canada May Audit Accounts and Records), the [Identify as a "Province" or "Territory"] shall, upon request:

  1. provide to the auditors referred to in section 7.2 (Scope and Timing of Audit of Accounts and Records) all accounts and records of the [Identify as a "Province" or "Territory"] relating to this Agreement and to the funding provided under this Agreement, including all original supporting documentation;
  2. allow those auditors to inspect such accounts and records and, except where prohibited by law, to take copies and extracts of such accounts and records;
  3. provide to those auditors such additional information as they may require with reference to such accounts and records;
  4. provide all necessary assistance to those auditors, including providing them with access to the [Identify as a "Province" or "Territory"]'s premises; and
  5. direct any entity that has provided accounting or record-keeping services to the [Identify as a "Province" or "Territory"] to provide copies of those accounts and records to the auditors. or ; and

    [COMMENT]Note: Where the Province or Territory is required to provide financial reports independently audited in accordance with the RG, the following paragraph 7.3.1 (f) is to be included.[/COMMENT]
  6. where independent auditors are engaged under section 4.3 (Reporting), give consent to those independent auditors to allow access by Canada's auditors to working papers that support the opinion or disclaimer of opinion, as applicable, on Financial Reports.

7.4 Records Maintained under Other Funding Agreements

7.4.1 The accounts and records Canada may audit or cause to have audited under section 7.1 (Canada May Audit Accounts and Records) include records maintained under any previous agreement through which the federal government has provided funding to the [Identify as a "Province" or "Territory"] that, in the opinion of any auditor employed or contracted under section 7.2 (Scope and Timing of Audit of Accounts and Records), may be relevant to the audit.

7.5 No Limitation on Other Sections

7.5.1 Section 7.1 (Canada May Audit Accounts and Records) does not limit:

  1. Canada's right to audit and evaluate under section 12.5 (Audit and Evaluation); or
  2. the [Identify as a "Province" or "Territory"]'s obligations, if any, under section 4.3 (Reporting).

8.0 Default

8.1 The [Identify as a "Province" or "Territory"] will be in default of this Agreement in the event that the [Identify as a "Province" or "Territory"] defaults on any of its obligations set out in this Agreement or any other agreement through which a Federal Department provides funding to the [Recipient Name], as represented by the Minister of [Ministry Name].

9.0 Remedies on Default

9.1 Parties Will Meet

9.1.1 Without limiting any remedy or other action Canada may take under this Agreement, in the event the [Identify as a "Province" or "Territory"] is in default, the parties will communicate or meet to review the situation.

9.2 Action Canada May Take

9.2.1 In the event the [Identify as a "Province" or "Territory"] is in default under this Agreement, Canada may take one or more of the following actions as may reasonably be necessary, having regard to the nature and extent of the default:

  1. withhold any funds otherwise payable under this Agreement;
  2. require the [Identify as a "Province" or "Territory"] to take any other reasonable action necessary to remedy the default;
  3. take such other reasonable action as Canada deems necessary, including any remedies which may be set out in any Schedule; or
  4. terminate this Agreement.

9.3 Where Reporting Requirements Not Met

9.3.1 Without limiting remedies available to Canada set out in section 9.2 (Action Canada May Take), Canada may withhold funding otherwise payable under this Agreement if Financial Reports, or any other report to be submitted under section 4.3 (Reporting), are not provided by the [Identify as a "Province" or "Territory"] to Canada as required under this Agreement or the corresponding clauses in its predecessor, if any. Subject to article 5.0 (Amounts Owing to Canada), any amounts so withheld must be paid by Canada to the [Identify as a "Province" or "Territory"] within forty-five (45) days of Canada's acceptance of subsequently submitted reports.

10.0 DISPUTE RESOLUTION

10.1 Procedures

10.1.1 In the event that a dispute arises from or is related to this Agreement, the parties agree to attempt to resolve the dispute through negotiation or through another alternate dispute resolution process to which the parties agree and set out in writing.

10.1.2 Any exchanges between the parties in any negotiation or other alternate dispute resolution process under this section will not be admissible in any legal proceedings unless otherwise required by law. However, evidence that is independently admissible or discoverable will not be rendered inadmissible or non-discoverable by virtue of its use during that process.

10.2 Exceptions and Limitations

10.2.1 Disputes arising as a result of any of the following matters will not be dealt with under the dispute resolution process provided in section 10.1 (Procedures):

  1. budget decisions of the [Identify as a "Province" or "Territory"] that are consistent with the terms and conditions of this Agreement;
  2. the amount of funding provided by Canada under this Agreement; and
  3. an audit or evaluation under article 7.0 (Access by Canada to Records) or section 12.5 (Audit and Evaluation).

10.2.2 No procedure under 10.1 (Procedures) will suspend or delay a decision by Canada that the [/:Identify as a "Province" or "Territory"] is in default or any action taken by Canada under article 9.0 (Remedies on Default) or section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities).

11.0 TERMINATION

11.1 Parties May Terminate

11.1.1 Without limiting section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities) or Canada's right to terminate under section 9.2 (Action Canada May Take), this Agreement may be terminated by either party upon written notice to the other party, stipulating the reason for termination, provided that before any such termination can become effective:

  1. the parties exhaust any dispute resolution process initiated under article 10.0 (Dispute Resolution); and
  2. the parties agree on a time frame to terminate the Agreement in a manner that will not jeopardize the administration and delivery of the programs, services and activities for which funding is provided under this Agreement.

11.2 When Parties Terminate

11.2.1 In the event of the termination of this Agreement:

[COMMENT]Note: Where the Province or Territory is required to provide financial reports in accordance with the RG, the following paragraph 11.2.1 (a) is to be included. [/COMMENT]

  1. the [Identify as a "Province" or "Territory"] shall provide DIAND with Financial Reports Agreement No.: [Arrangement Number] within one hundred and twenty (120) days of the date of termination;
  2. without limiting any other obligation under this Agreement to reimburse amounts to Canada, the [Identify as a "Province" or "Territory"] shall reimburse to Canada any unexpended funding transferred to the [Identify as a "Province" or "Territory"], up to the termination date of this Agreement, unless the [Identify as a "Province" or "Territory"] and Canada agree otherwise in writing;
  3. subject to Canada's right to set off any amount owing to Canada under this Agreement, Canada shall pay to the [Identify as a "Province" or "Territory"] any monies owed to the [Identify as a "Province" or "Territory"], up to the termination date of this Agreement, unless the [Identify as a "Province" or "Territory"] and Canada agree otherwise in writing; and
  4. the [Identify as a "Province" or "Territory"] shall fulfill any other obligation relating to termination set out in any Schedule.

12.0 GENERAL

12.1 Schedules

12.1.1 The following Schedules are attached to and form part of this Agreement:

SCHEDULE "FED -1"
SCHEDULE "DIAND-2" DIAND Funding
SCHEDULE "DIAND-3" Program, Service and Activity Delivery Requirements, Reporting
Requirements and Adjustment Factors
SCHEDULE "DIAND-4" Schedule of Reporting Requirements and Due Dates
SCHEDULE "OFD-1" Insert Other Federal Departments Name Terms and Conditions, where applicable

12.2 Entire Agreement

12.2.1 This Agreement constitutes the entire agreement between the parties and supersedes all previous negotiations, agreements, commitments, and writing in relation to the subject matter of this Agreement.

12.2.2 This Agreement is binding upon the parties and their respective administrators and successors.

12.3 Amendments

12.3.1 Subject to section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities), section 3.3 (Formula-based or Factor-based Funding Adjustment), subsection 4.3.3, section 3.2 (Adjustment of Amounts Allocated by Period) of Schedule ''DIAND-2'', and section 3.3 (Where Amounts Not Allocated by Period) of Schedule ''DIAND-2'', a written amending agreement signed by both parties is required to amend this Agreement.

12.4 Effect on Relationship of Parties

12.4.1 Nothing in this Agreement creates or is intended to create an agency, association, employer-employee, or joint venture relationship between the [Identify as a "Province" or "Territory"] and Canada, and the [Identify as a "Province" or "Territory"] shall not represent otherwise.

12.5 Audit and Evaluation

12.5.1 Upon request or with agreement of the [Identify as a "Province" or "Territory"], any Federal Department may, individually or in conjunction with other Federal Departments or the [Identify as a "Province" or "Territory"], at any time during the term of this Agreement or within seven (7) years of its expiry or termination, carry out one or more audits or evaluations of the effectiveness of any or all of the programs, services and activities funded under this Agreement, including those programs, services and activities provided, in whole or in part, by Agencies, or of the management practices of the [Identify as a "Province" or "Territory"] in relation to this Agreement. In the event of one or more such audits or evaluations, the [Identify as a "Province" or "Territory"] shall cooperate in the conduct of any such audit or evaluation and provide the auditors or evaluators such information as they require. The [Identify as a "Province" or "Territory"] shall maintain accounting documentation regarding all funding provided by DIAND and other Federal Departments in a manner that will allow for audit.

12.6 Headings

12.6.1 Descriptive headings are inserted solely for convenience of reference and do not form part of this Agreement.

12.7 Waiver

12.7.1 No provision of this Agreement and no event of default by either party of any provision of this Agreement will be deemed to have been waived unless the waiver is in writing and signed by the other party.

12.7.2 The waiver by a party of default by the other party or of any provision of this Agreement will not be deemed to be a waiver of any subsequent default by the other party or of the same or any other provision of this Agreement.

12.8 Conflict of Interest Provisions Regarding Federal Officials

12.8.1 No member of the House of Commons or the Senate of Canada will be admitted to any share or part of this Agreement or to any benefit arising from it.

12.8.2 No individual for whom the post-employment provisions of the Conflict of Interest Act, the Conflict of Interest and Post-Employment Code for Public Office Holders, the Values and Ethics Code for the Public Sector, the Values and Ethics Code for the Public Service, the Policy on Conflict of Interest and Post-Employment, or the values and ethics code of any Federal Department apply will derive any direct benefit from this Agreement unless that individual is in compliance with the applicable post-employment provisions.

12.9 Public Disclosure

12.9.1 Without limiting any right, obligation or capacity of Canada to disclose information, Canada may publicly disclose the name and address of the [Identify as a "Province" or "Territory"], the amount of funding provided under this Agreement and the nature of any programs, services and activities for which funding is provided under this Agreement.

12.10 Legislation and Government Publications

12.10.1 All references throughout this Agreement to legislation and particular government publications are deemed to refer to the legislation and government publication in force or issued at the effective date of this Agreement, and include any subsequent amendments or replacements thereof, as the case may be.

12.10.2 DIAND will publish a Reporting Guide for each Fiscal Year no later than 90 days before the Fiscal Year begins. DIAND may amend a Reporting Guide during the Fiscal Year to which it applies only if the amendment arises from a requirement of the Treasury Board of Canada. DIAND will promptly inform the [Identify as a "Province" or "Territory"] of any such amendment.

[COMMENT]Note: The following optional article 13.0 can be removed where Program or Region determines, based on results of risk assessment, that the exclusion of this clause is necessary.[/COMMENT]

13.0 INDEMNIFICATION

13.1 The [Identify as a "Province" or "Territory"] shall save harmless and fully indemnify Canada, Her officers, Her Ministers, employees, servants and agents, successors and assigns from and against all claims, liabilities, and demands arising directly or indirectly from any act, omission, or negligence of the [Identify as a "Province" or "Territory"] or any Agency, any breach of this Agreement by the [Identify as a "Province" or "Territory"] and performance or non-performance (in whole or in part) of the [Identify as a "Province" or "Territory"]'s obligations under this Agreement, and any claims, liabilities and demands that may arise from the [Identify as a "Province" or "Territory"] or any Agency entering into any loan, capital lease or other long term obligation and such indemnification will survive the expiry or termination of this Agreement.

[COMMENT]Note: The following clause must be renumbered if article 13.0 is removed. [/COMMENT]

14.0 NOTICES

14.1 Where any notice, request or other communication is required to be given or made by either party to the other party under this Agreement, it must be in writing addressed to the party for whom it is intended at the applicable address noted in section 14.4 and may be given or made by either party by their duly authorized representatives.

14.2 The notice referred to in section 14.1 will be effective by using any one of the following methods, and deemed to have been given as at the date specified for each method:

  1. by personal delivery, on the date upon which the notice is delivered;
  2. by registered mail or courier, on the date upon which receipt of the notice is acknowledged by the other party;
  3. by facsimile or electronic mail, on the date upon which the notice is transmitted and receipt of such transmission by the other party can be confirmed.

14.3 Either party may change the address information referred to in section 14.4 by providing notice to the other party of such change.

Notices will be sent to:

  1. DIAND at:
    [Notices Region Mailing Info]
    Attention: Director, Funding Services
  2. the [Identify as a "Province" or "Territory"] at:
    [Notices Recipient Primary Contact Info]
    Attention:
  3. Federal Departments at:
    [Notice Federal Department Mailing Info]
    Attention:

This Agreement has been executed by Canada and the [Identify as a "Province" or "Territory"] by their duly authorized representatives.

SIGNED ON BEHALF OF HER MAJESTY
THE QUEEN IN RIGHT OF CANADA, as represented
by the Minister of Indian Affairs and Northern
Development

by: ____________________________
(Insert name and title)


as represented by the Minister of

by: _____________________________
(Insert name and title)

[COMMENT]Ensure that relevant Federal Departments are included in the signature block) [/COMMENT]

in the presence of:

_________________________________
(Insert name and title)





by: ____________________________
(Insert name and title)

in the presence of:

_________________________________
(Insert name and title)

Date: ______________________

SCHEDULE "DIAND 2"

DIAND FUNDING

[COMMENT]Throughout this entire schedule, only select the clauses that pertain to the Contribution Funding Approaches that are identified in Section 2.1 and renumber the sections accordingly.[/COMMENT]

1.0 Definitions and Interpretation

1.1 In this Schedule:
Where more than one Federal Department provides funding under this Agreement, all references to Schedule "FED-1" in this Schedule mean those parts of Schedule "FED-1" that refer to funding provided by DIAND.

1.2 The following definitions apply to schedule "DIAND-2"

[COMMENT]Only select the definitions of Contribution Funding Approaches identified in Section 2.1 [/COMMENT]

"Fixed Contribution Funding" or "FIXED" means a Contribution for a program, service or activity for which any unexpended balances may be used by the [Identify as a "Province" or "Territory"] if conditions specified in this Agreement are met.

"Flexible Contribution Funding" or "FLEX" means a Contribution for a program, service or activity for which any unexpended balances may be used by the [Identify as a "Province" or "Territory"], if conditions specified in this Agreement are met, until the earlier of the end of that program, service or activity and the expiry or termination of this Agreement.

"Set Contribution Funding" or "SET" means a Contribution for a program, service or activity for which any unexpended funding or any ineligible expenditure must be reimbursed to Canada.

"Unexpended Fixed Funding" means the amount by which funding provided under this Schedule for a program, service or activity identified as FIXED in Schedule "FED-1" for a Fiscal Year exceeds the amount that the [Identify as a "Province" or "Territory"] expends on that program, service or activity in that Fiscal Year.

2.0 Amount of Funding

2.1 Subject to the terms and conditions of this Agreement, in each Fiscal Year, DIAND shall transfer to the [/:Identify as a "Province" or "Territory"] funding up to the amounts set out in Schedule "FED-1" for SET, FIXED, or FLEX funding for that Fiscal Year.

3.0 Payments

3.1 Payments to be Made in Accordance with Schedule "FED-1"

3.1.1 Funding under section 2.1 will be paid to the [Identify as a "Province" or "Territory"] in accordance with amounts allocated by period in Schedule "FED-1" for each program, service or activity identified in that Schedule.

3.2 Adjustment of Amounts Allocated by Period

3.2.1 Where any amount allocated to a period in Schedule "FED-1" to fund a program, service or activity significantly differs from the [Identify as a "Province" or "Territory"]'s anticipated expenditures for the corresponding period, the [Identify as a "Province" or "Territory"] shall promptly notify DIAND and, subject to subsection 3.2.3, propose adjustments to that Schedule accordingly. Canada shall notify the [Identify as a "Province" or "Territory"] of acceptance or rejection within thirty (30) days of the [Identify as a "Province" or "Territory"]'s notification. Where Canada accepts the proposed adjustments, Canada shall attach the adjusted Schedule "FED-1" to Canada's notice of acceptance. The adjusted Schedule "FED-1" will replace the previous Schedule "FED-1".

[COMMENT]Only select the Contribution Funding Approaches that are identified in Section 2.1 [/COMMENT]

3.2.2 Where an amount expended by the [Identify as a "Province" or "Territory"] on a program, service or activity identified as SET or FLEX in Schedule "FED-1" in a period differs from the amount paid to the [Identify as a "Province" or "Territory"] to fund the program, service or activity for that period, Canada may, by notice to the [Identify as a "Province" or "Territory"], adjust one or more subsequent allocations by period in Schedule "FED-1" to reconcile the difference. Canada shall attach the adjusted Schedule "FED-1" to any notice. The adjusted Schedule "FED-1" will replace the previous Schedule "FED-1".

3.2.3 No total annual amount for any program, service or activity set out in Schedule "FED-1" may be changed under subsection 3.2.1.

3.3 Where Amounts Not Allocated by Period

3.3.1 Where amounts are not allocated by period in Schedule "FED-1" for a program, service or activity identified in that Schedule, the [Identify as a "Province" or "Territory"] must make a request to Canada to allocate payments by period for that program, service or activity in accordance with section 3.4 (Requirements for a Payment Request) in order to receive funding for that program, service or activity.

3.3.2 Canada shall notify the [Identify as a "Province" or "Territory"] of acceptance or rejection of a request under section 3.4 (Requirements for a Payment Request) within thirty (30) days of the [Identify as a "Province" or "Territory"]'s request. Where Canada accepts the request, Canada shall attach an adjusted Schedule "FED-1" to Canada's notice of acceptance. The adjusted Schedule "FED-1" will replace the previous Schedule "FED-1".

3.4 Requirements for a Payment Request

[COMMENT]TO BE POPULATED BY REGIONAL OFFICE OF PROGRAM ACCORDING TO PROGRAM TERMS AND CONDITIONS[/COMMENT]

4.0 Expenditures and Unexpended Funding

4.1 Eligible Expenditures

4.1.1 The [Identify as a "Province" or "Territory"] shall expend the funding provided under section 2.1 only for the purpose of delivering each program, service and activity identified in Schedule "FED-1" in the Fiscal Years for which funding is allocated for that program, service or activity in Schedule "FED-1" and in accordance with the delivery requirements for that program, service or activity set out in Schedule "DIAND-3".

4.2 Reimbursement of Ineligible Expenditures

4.2.1 For each program, service or activity identified in Schedule "FED-1", the [Identify as a "Province" or "Territory"] shall reimburse to DIAND the amount of any expenditure it makes against annual amounts allocated in that Schedule for that program, service or activity and that is not in accordance with the delivery requirements set out in Schedule "DIAND-3" for that program, service or activity. If there is more than one funding source for a program, service or activity, the [Identify as a "Province" or "Territory"] shall reimburse to DIAND an amount calculated by prorating the amount of any such expenditure in accordance with the proportion of DIAND's funding for that program, service or activity.

4.2.2 Any expenditure by the [Identify as a "Province" or "Territory"] on program, service or activity against annual amounts allocated in Schedule "FED-1" for that program, service or activity with respect to which any reporting requirement of this Agreement has not been fulfilled to the satisfaction of DIAND will be deemed to be not in accordance with the program, services or activity delivery requirements and must be reimbursed to DIAND under this section.

4.3 Reimbursement of Unexpended SET Funding

4.3.1 For each program, service or activity identified as SET in Schedule "FED-1", the [Identify as a "Province" or "Territory"] shall reimburse to DIAND the amount by which funds paid to the [Identify as a "Province" or "Territory"] under this Schedule for that program, service or activity for a Fiscal year exceeds the amount that the [Identify as a "Province" or "Territory"] expends on that program, service or activity in the same Fiscal Year. If there is more than one funding source for a program, service or activity, the [Identify as a "Province" or "Territory"] shall reimburse to DIAND an amount calculated by prorating, in accordance with the proportion of DIAND's funding for that program, service or activity, the difference between the amount received by the [Identify as a "Province" or "Territory"] from all sources for that program, service or activity and the amount the [Identify as a "Province" or "Territory"] expends on that program, service or activity.

4.4 Reimbursement of Unexpended FLEX Funding

4.4.1 For each program, service or activity identified as FLEX in Schedule "FED-1", the [Identify as a "Province" or "Territory"] shall reimburse to DIAND the amount by which funds paid to the[Identify as a "Province" or "Territory"] under this Agreement for that program, service or activity exceeds the amount that the [Identify as a "Province" or "Territory"] expends on that program, service or activity, following the earlier of the end of that program, service or activity as indicated in Schedule "FED-1" and the expiry or termination of this Agreement. If there is more than one funding source for a program, service or activity, the [Identify as a "Province" or "Territory"] shall reimburse to DIAND an amount calculated by prorating, in accordance with the proportion of DIAND's funding for that program, service or activity, the difference between the amount received by the [Identify as a "Province" or "Territory"] from all sources for that program, service or activity and the amount the [Identify as a "Province" or "Territory"] expends on that program, service or activity.

4.5 Reimbursement of Unexpended FIXED Funding

4.5.1 Subject to section 4.6 (Retention of Unexpended FIXED Funding), for each program, service or activity identified as FIXED in Schedule "FED-1", the [Identify as a "Province" or "Territory"] shall reimburse to DIAND the amount by which funds paid to the [Identify as a "Province" or "Territory"] under this Agreement for that program, service or activity for a Fiscal Year exceeds the amount that the [Identify as a "Province" or "Territory"] expends on that program, service or activity in the same Fiscal Year. If there is more than one funding source for a program, service or activity, the [Identify as a "Province" or "Territory"] shall reimburse to DIAND an amount calculated by prorating, in accordance with the proportion of DIAND's funding for that program, service or activity, the difference between the amount received by the [Identify as a "Province" or "Territory"] from all sources for that program, service or activity and the amount the [Identify as a "Province" or "Territory"] expends on that program, service or activity.

4.6 Retention of Unexpended FIXED Funding

4.6.1 Without limiting section 9.2 (Action Canada May Take) or the [Identify as a "Province" or "Territory"]'s obligation to reimburse unexpended funding under section 11.2 (When Parties Terminate), the [Identify as a "Province" or "Territory"] will be released from the obligation to reimburse Unexpended Fixed Funding in respect of a program, service or activity, as required under section 4.5 (Reimbursement of Unexpended FIXED Funding) of this schedule, if all of the following conditions have been met:

(a) the [Identify as a "Province" or "Territory"] has fulfilled all of the delivery requirements of this Agreement for that program, service, or activity in the Fiscal Year for which the funding was provided;

(b) the [Identify as a "Province" or "Territory"] expends the Unexpended Fixed Funding in the one-year period immediately following the Fiscal Year for which the funding was provided:

(i) on a program, service or activity that is similar to and has the same purpose as the program, service or activity for which the funding was provided; or

(ii) in accordance with a plan for expenditure of the funding that is submitted by the [Identify as a "Province" or "Territory"] to DIAND within one hundred and twenty (120) days after the end of that Fiscal Year and that DIAND accepts by way of notice to the [Identify as a "Province" or "Territory"]; and

[COMMENT]Note: Where the Province or Territory is required to provide financial reports in accordance with the RG, the following paragraph (c) is to be included.[/COMMENT]

(c) the [Identify as a "Province" or "Territory"] reports on its expenditure of Unexpended Fixed Funding in accordance with the Reporting Guide.

4.6.2 Any Unexpended Fixed Funding that the [Identify as a "Province" or "Territory"] does not expend in accordance with this section must be reimbursed to DIAND under section 4.5 (Reimbursement of Unexpended FIXED Funding).

[COMMENT]Note: Where the Province or Territory is required to provide financial reports in accordance with the RG, the following subsection 4.6.3 is to be included.[/COMMENT]

4.6.3 Where the [Identify as a "Province" or "Territory"] defaults in any reporting obligation under the Reporting Guide on the expenditure of any Unexpended Fixed Funding under this section, the [Identify as a "Province" or "Territory"] will be deemed to have contravened this section and shall reimburse that amount to DIAND under section 4.5 (Reimbursement of Unexpended FIXED Funding).

4.6.4 Without limiting any other requirement of this Agreement to keep accounts and records, the [Identify as a "Province" or "Territory"] shall keep accounts and financial and non-financial records on Unexpended Fixed Funding and retain those accounts and records, including all supporting documentation, for a period of seven (7) years from the end of the year to which those accounts and records relate.

4.6.5 The following sections of the main body of this Agreement apply in respect of Unexpended Fixed Funding retained by the [Identify as a "Province" or "Territory"] under this section:

  • Article 5.0 (Amounts Owing to Canada)
  • Article 6.0 (Delegation of Obligations)
  • Article 7.0 (Access by Canada to Records)
  • Article 8.0 (Default)
  • Article 9.0 (Remedies on Default)
  • Article 10.0 (Indemnification)
  • Article 11.0 (Dispute Resolution)
  • Section 13.4 (Effect on Relationship of Parties)
  • Section 13.5 (Audit and Evaluation)
  • Section 13.7 (Waiver)
  • Section 13.8 (Conflict of Interest Provisions Regarding Federal Officials)
  • Article 14.0 (Notices)

5.0 Survival

5.1 All sections in article 4.0 (Expenditure and Unexpended Funding) except section 4.1 (Eligible Expenditures) survive the expiry or termination of this Agreement.

SCHEDULE "DIAND - 3"

Program/Service/Activity Delivery Requirements Adjustment Factor
Elementary and Secondary Instructional Services – Provincial Schools: Tuition Agreements [COMMENT]Delivery Requirements to be used when INAC is entering into a Funding Agreement with a provincial school board/district/division: [/COMMENT]

The Province shall provide instructional services to eligible students from <insert the names of the bands/reserves where the students are living> who wish to attend the Province's school(s).

The Province agrees to provide the eligible students with the same quality of education as provided to all other students while taking into consideration any special needs (other than special needs covered by the High-Cost Special Education Program) or requirements that the parties may deem that individual students have.
<insert an Adjustment Factor when applicable>
High-Cost Special Education Program [COMMENT]Delivery Requirements to be used when AANDC is entering into a Funding Agreement with a provincial school board/district/division: [/COMMENT]

The[/:Identify as a "Province" or "Territory"]shall administer the High-Cost Special Education Program in accordance with the Terms and Conditions for the Grants and Contributions to Support First Nations Elementary and Secondary Educational Advancement and the High-Cost Special Education Program National Program Guidelines issued by DIAND as amended from time to time.
<insert an Adjustment Factor when applicable>
Income Assistance The [/:Identify as a "Province" or "Territory"] shall administer the Income Assistance Program in accordance with DIAND's Social Programs – National Manual and any other current approved program documentation issued by DIAND and as amended from time to time. <insert an Adjustment Factor when applicable>
Income Assistance Enhanced Service Delivery System The [/:Identify as a "Province" or "Territory"] shall:

(a) deliver the Income Assistance Enhanced Service Delivery System in accordance with the proposal <Name of project> approved on <Day, Month, Year> and last updated on <Day, Month, Year>.

(b) administer the Income Assistance Enhanced Service Delivery System in accordance with DIAND's Social Programs – National Manual and any other current approved program documentation issued by DIAND and as amended from time to time.
<insert an Adjustment Factor when applicable>
First Nation Child and Family Services The [/:Identify as a "Province" or "Territory"] shall administer the First Nations Child and Family Services Program in accordance with Provincial or Territorial legislation, as well as DIAND's Social Programs – National Manual and any other current approved program documentation issued by DIAND and as amended from time to time. <insert an Adjustment Factor when applicable>
Assisted Living The [/:Identify as a "Province" or "Territory"] shall administer the Assisted Living Program in accordance with DIAND's Social Programs – National Manual and any other current approved program documentation issued by DIAND and as amended from time to time. <insert an Adjustment Factor when applicable>
Family Violence Prevention The[/:Identify as a "Province" or "Territory"] shall administer the Family Violence Prevention Program in accordance with DIAND's Social Programs – National Manual and any other current approved program documentation issued by DIAND and as amended from time to time. <insert an Adjustment Factor when applicable>
National Child Benefit Reinvestment The [/:Identify as a "Province" or "Territory"] shall administer the National Child Benefit Reinvestment Initiative in accordance with DIAND's Social Programs – National Manual and any other current approved program documentation issued by DIAND and as amended from time to time. <insert an Adjustment Factor when applicable>
Day Care (Ontario and Alberta only) The Province shall administer the [/: Identify as "Day Care program in accordance with the 1965 Welfare Agreement (Ontario)" or "the 1991 Arrangement for the Funding and Administration of Social Services (Alberta Reform Agreement)"] and any other current approved program documentation issued by DIAND and as amended from time to time. <insert an Adjustment Factor when applicable>
James Bay Northern Quebec Education Agreement The Province shall provide the necessary programs and services or capital projects, and carry out the activities for which funding is provided. <insert an Adjustment Factor when applicable>
Devolution [COMMENT]Regarding the Strengthening Financial Management and Networking Capacity contribution arrangement with the Government of Nunavut the following standard shall apply: [/COMMENT]

The [/:Identify as a "Province" or "Territory"] shall carry out project activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for <Name of project>.

[COMMENT]For the NWT Devolution Agreements the following standard shall apply: [/COMMENT]

The [/:Identify as a "Province" or "Territory"] shall carry out activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and]
or [the proposal] [and]
[related budget] for <Name of project>.
<insert an Adjustment Factor when applicable>
Northern Contaminants Program The [/:Identify as a "Province" or "Territory"] shall carry out Northern Contaminants Program activities in accordance with the Northern Contaminants Program Guidelines, and DIAND approved plans, including project terms and conditions. <insert an Adjustment Factor when applicable>
Federal Contaminated Sites – FCSAP –Non FCSAP Remediation 1. The [/:Identify as a "Province" or "Territory"] shall carry out the activities set out in the Detailed Work Plan (DWP) for [/:Identify remediation project] for [Identify Fiscal Year] dated <Month, Day, Year>.

2. Specific for FARO: The implementation of the activities set out in the DWP shall be subject to the project management and governance framework set out in Annex ''A''.
<insert an Adjustment Factor when applicable> [/CONTROLLED]
Federal Contaminated Sites – FCSAP, Non-FCSAP Consultation and/or Engagement The Yukon Territory shall carry out the activities set out in the Detailed Work Plan (DWP) for [/:Identify remediation project] for [Identify Fiscal Year] dated <Month, Day, Year>. <insert an Adjustment Factor when applicable>
Oil & Gas Management The [/:Identify as a "Province" or "Territory"] shall carry out activities in accordance with the program guidelines, and DIAND approved plans, including project terms and conditions. <insert an Adjustment Factor when applicable>
Oil & Gas Research The [/:Identify as a "Province" or "Territory"] shall carry out activities in accordance with the program guidelines, and DIAND approved plans, including project terms and conditions. <insert an Adjustment Factor when applicable>
Contaminated Sites on Reserve The [/:Identify as a "Province" or "Territory"] shall undertake the activities in accordance with the detailed Work Plan dated <Month, Day, Year>.

2.0 The implementation of the activities will be subject to the project management and governance framework as set out in the detailed Work Plan dated <Month, Day, Year>.
<insert an Adjustment Factor when applicable>
Federal and Shared Responsibility – Site Remediation (Marwell Tar Pit) The Yukon Territory shall undertake the activities in accordance with the detailed Work Plan dated <Month, Day, Year>.

2.0 The implementation of the activities will be subject to the project management and governance framework as set out in the detailed Work Plan dated <Month, Day, Year>.
<insert an Adjustment Factor when applicable>
Northern Sustainable Development – Conservation & Protection The [/:Identify as a "Province" or "Territory"] shall carry out activities in accordance with program guidelines, and DIAND approved plans, including project terms and conditions. <insert an Adjustment Factor when applicable>
Land and Water Management The [/:Identify as a "Province" or "Territory"] shall carry out activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for <Name of project>. <insert an Adjustment Factor when applicable>
Intergovernmental Forums The [/:Identify as a "Province" or "Territory"] shall carry out activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for <Name of project>.[/CONTROLLED] <insert an Adjustment Factor when applicable>
Commissioners Yukon The [/:Identify as a "Province" or "Territory"] shall carry out activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for <Name of project>. <insert an Adjustment Factor when applicable>
Arctic Council The[/:Identify as a "Province" or "Territory"] shall carry out Circumpolar initiatives in accordance with Arctic Council/Canada-Russia Arctic Cooperation Guidelines, and activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for <Name of project>. <insert an Adjustment Factor when applicable>
CIMS/CEAM The [/:Identify as a "Province" or "Territory"] shall carry out the CIMS/CEAM activities in accordance with the CIMS/CEAM Program Guidelines and DIAND approved plans including project terms and conditions. <insert an Adjustment Factor when applicable>
Interim Resource Management Assistance Program The [/:Identify as a "Province" or "Territory"] shall carry out the activities in accordance with the Interim Resource Management Assistance (IRMA) Program Guidelines and DIAND approved plans, including project terms and conditions. <insert an Adjustment Factor when applicable>
Emergency Management Assistance

Forest Fire Suppression
The [/:Identify as a "Province" or "Territory"] shall provide Emergency Management Assistance – fire suppression services to applicable First Nations communities in accordance with the negotiated and approved annual work plan.

The [/:Identify as a "Province" or "Territory"] shall administer funding for extended levels of fire suppression services for First Nations communities in accordance with the negotiated and approved annual work plan.

All services and funding provided by the [/:Identify as a "Province" or "Territory"] shall align in accordance with the requirements detailed in the service Agreement.
<insert an Adjustment Factor when applicable>
Arctic Science

 – Canadian High Arctic Research Station (CHARS) – Science and Technology

 – Canadian High Arctic Research Station (CHARS) – Construction
The [/:Identify as a "Province" or "Territory"] shall carry out activities in accordance with the Program Guidelines and the DIAND approved plans, including the Treasury Board approved project terms and conditions. <insert an Adjustment Factor when applicable>

SCHEDULE "OFD-1"

[OTHER FEDERAL DEPARTMENTS NAME] TERMS AND CONDITIONS

[COMMENT]Note: Here will be attached the specific Federal Department Terms and Conditions. [/COMMENT]

Date modified: