Table Summary of Changes 2016-2017: National Streamlined Funding Agreement Model for First Nations

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 First Nations on funding agreement models Simplification Deleted section 2.3   2.3 DIAND's authority to publish information in respect of funding and the provisions regarding audit and evaluation survive the termination or expiry of this Agreement.
To change the 60 days notice to a 90 days notice before a payment is to be made when DIAND changes or terminates funding identified as Set, Fixed, Flexible Revised section 3.3 (a) 3.3 DIAND may change or terminate funding:
(a) identified in Annex 2 as "Set", "Fixed" or "Flexible" by notice 90 calendar days before a payment is to be made if the program on which funding is based is changed or terminated by Treasury Board or DIAND;
3.3 DIAND may change or terminate funding:
(a) identified in the Annexes as "Set", "Fixed" or "Flexible" by notice 60 calendar days before a payment is to be made if the program on which funding is based is changed or terminated by Treasury Board or DIAND;
Clarification on the meaning of the refund requirement when funding from any other source duplicates funding provided by DIAND Revised section 3.3 (c) 3.3 DIAND may change or terminate funding:
(c) at any time by notice if funding from any other government source duplicates funding under this Agreement.
3.3 DIAND may change or terminate funding:
(c) at any time by notice if funding from any other source duplicates funding under this Agreement.
Revised section 8.1 (c) 8.1 DIAND may give notice to the First Nation that a refund of funding must be paid under any of the following circumstances:
(c) funding from any other government source duplicates funding under this Agreement;
8.1 DIAND may give notice to the First Nation that a refund of funding must be paid under any of the following circumstances:
(c) funding from any other source duplicates funding under this Agreement; and
Clarification on Exceptional Circumstances Revised section 3.4 3.4 If exceptional circumstances occur during the term of this Agreement which were not reasonably foreseeable at the date this Agreement came into effect and which have a significant impact on First Nation's performance of this Agreement, the First Nation may request changes to the level of funding for the affected Program, Service, Activity or Project or other assistance. If DIAND agrees to change the level of funding, that change will be made by way of an amendment to this Agreement. 3.4 The First Nation may request changes to the levels of funding or other assistance in exceptional circumstances which have a significant impact on the First Nation and which were not reasonably foreseeable at the date this Agreement came into effect. If DIAND agrees to change the level of funding in exceptional circumstances, that change will be made by way of an amendment to this Agreement.
Clarification on the health, safety and welfare default situation Revised section 7.1 (d) 7.1 The First Nation is in default of this Agreement under any of the following circumstances:
(d) DIAND determines that the health, safety or welfare of First Nation community members is at risk; and
7.1 The First Nation is in default of this Agreement under any of the following circumstances:
(d) DIAND determines that the health, safety or welfare of any individual is at risk; and
Clarification on the management of proportional reimbursement of ineligible expenditures and unexpended funding requirement where there is more than one funding source for the program, service or activity Revised section 8.1 (c) 8.1 DIAND may give notice to the First Nation that a refund of funding must be paid under any of the following circumstances:
(c) funding from any other government source duplicates funding under this Agreement;
8.1 DIAND may give notice to the First Nation that a refund of funding must be paid under any of the following circumstances:
(c) funding from any other source duplicates funding under this Agreement; and
Revised previous section 1.3 (now section 2.3) – UNEXPENDED FUNDING of ANNEX 1B – CONTRIBUTION AND GRANT FUNDING 2.3 For each fiscal year, the First Nation must refund to DIAND any amount of funding provided for a Program, Service or Activity identified as SET, FIXED or FLEX in Annex 2 that is not used in accordance with the delivery requirements for that Program, Service or Activity set out in this Annex 1B in that fiscal year. If the cost-sharing column of the table below indicates the First Nation is to supplement DIAND funding for a Program, Service or Activity with funding from other sources, the First Nation must instead refund to DIAND a portion, proportional to DIAND's share of the funding, of the funding from all required sources that is not used in accordance with the delivery requirements. 1.3 For each fiscal year, the First Nation must refund to DIAND any amount of funding provided for a Program, Service or Activity identified as SET, FIXED or FLEX in Annex 2 that is not used in accordance with the delivery requirements for that Program, Service or Activity set out in this Annex 1B in that fiscal year.
Revised previous section 2.0 (now section 3.0) – UNEXPENDED FUNDING of ANNEX 1B – CONTRIBUTION AND GRANT FUNDING 3.0 Unexpended SET, FIXED or FLEX funding arises if the amount of funding provided for a Program, Service or Activity identified as SET, FIXED or FLEX for a fiscal year in Annex 2 exceeds the amount the First Nation expends on that Program, Service or Activity in that fiscal year. If the cost-sharing column of the table below indicates the First Nation is to supplement DIAND funding for a Program, Service or Activity with funding from other sources, unexpended funding instead arises if the total amount of funding from all required sources for the Program, Service or Activity for a fiscal year exceeds the amount of funding the First Nation expends on that Program, Service or Activity in that fiscal year. 2.0 Unexpended SET, FIXED or FLEX funding arises if the amount of funding provided for a Program, Service or Activity identified as SET, FIXED or FLEX for a fiscal year in Annex 2 exceeds the amount the First Nation expends on that Program, Service or Activity in that fiscal year.
Revised previous section 2.1 (now section 3.1) – UNEXPENDED FUNDING of ANNEX 1B – CONTRIBUTION AND GRANT FUNDING 3.1 For each Program, Service or Activity funded using SET funding in Annex 2, the First Nation must not retain any unexpended funding for use in the next fiscal year and must refund that funding to DIAND. If the cost-sharing column of the table below indicates the First Nation is to supplement DIAND funding for a Program, Service or Activity with funding from other sources, the First Nation must instead refund to DIAND a portion of the unexpended funding that is proportional to DIAND's funding share. 2.1 For each Program, Service or Activity funded using SET funding in Annex 2, the First Nation must not retain any unexpended funding for use in the next fiscal year and must refund that funding to DIAND.
Revised Table in ANNEX 1B – CONTRIBUTION AND GRANT FUNDING to include Cost- sharing, when applicable PROGRAM, SERVICE AND ACTIVITY REQUIREMENTS, COST-SHARING AND ADJUSTEMENT FACTORS PROGRAM, SERVICE AND ACTIVITY REQUIREMENTS AND ADJUSTEMENT FACTORS
Adjustment of the Acknowledgment of DIAND Funding requirement Revised section 9.2 9.2 The First Nation must comply with any requirements set out in Annex 1 on acknowledging DIAND funding. 9.2 In any communication materials used by the First Nation related to the Programs, Services, Activities and Projects funded under this Agreement, the First Nation must acknowledge DIAND funding.
Clarification on Personal Interest Revised section 12.7 12.7 The First Nation must ensure that no member of the House of Commons or the Senate of Canada will have a share or part of any benefit arising from this Agreement, unless the benefit is available to that individual as a First Nation community member. 12.7 The First Nation must ensure that no member of the House of Commons or the Senate of Canada will have a share or part of any benefit arising from this Agreement that is not also available to the general public.
Clarification of the written information requirement Revised section 15.0 15.0 All notices, including requests or other communications from one party to the other required under this Agreement, must be in writing and are dated as of the date of:
a.delivery for notices delivered in person;
b.acknowledgement of receipt for notices by registered mail or courier; and
c.transmittal for notices by facsimile or email
15.0 All notices must be in writing and are dated as of the date of:
a.delivery for notices delivered in person;
b.acknowledgement of receipt for notices by registered mail or courier; and
c.transmittal for notices by facsimile or email
Clarification on the management of Grant reimbursement when the First Nation no longer meets AANDC's eligibility requirements for Grant funding for a Program, Service or Activity Replaced previous section 1.4 of ANNEX 1B – CONTRIBUTION AND GRANT FUNDING with new section 4.0 of ANNEX 1B – CONTRIBUTION AND GRANT FUNDING 4.0 If the First Nation no longer meets DIAND's eligibility requirements for GRANT funding for a Program, Service or Activity, DAND may require the First Nation to refund to DIAND any amount up to the full amount of GRANT funding provided for that Program, Service or Activity. 1.4 If the First Nation no longer meets DIAND's eligibility requirements for GRANT funding for a Program, Service or Activity, the First Nation must refund to DIAND the amount of GRANT funding provided for that Program, Service or Activity.
Replaced previous section 2.7 of ANNEX 1B – CONTRIBUTION AND GRANT FUNDING with new section 8.1(d) (Refund to DIAND) 8.1 DIAND may give notice to the First Nation that a refund of funding must be paid under any of the following circumstances:
(d)  the First Nation no longer meets DIAND's eligibility requirements for Grant funding; and
2.7 For each Program, Service or Activity funded using GRANT funding in Annex 2, the First Nation may retain that funding if DIAND's eligibility requirements for that funding are met.
  Deleted ANNEX 1C – PROJECT DESCRIPTION AND FUNDING CONDITIONS    
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 Revised section 3.0 3.0 DIAND will transfer amounts to the First Nation according to Annex 1 and the schedule of payments set out in Annex 2. 3.0 DIAND will transfer amounts set out in Annex 1 to the First Nation according to the schedule of payments in Annex 2 or as otherwise indicated in Annex 1.
Revised section 3.3
(a) & (b)
3.3 DIAND may change or terminate funding:
(a) identified in Annex 2 as "Set", "Fixed" or "Flexible" by notice 90 calendar days before a payment is to be made if the program on which funding is based is changed or terminated by Treasury Board or DIAND;
(b) identified in Annex 2 as "Block" or "Grant" by notice one year before the start of the next fiscal year where the program on which funding is based is changed or terminated by Treasury Board or DIAND; and
3.3 DIAND may change or terminate funding:
(a) identified in the Annexes as "Set", "Fixed" or "Flexible" by notice 60 calendar days before a payment is to be made if the program on which funding is based is changed or terminated by Treasury Board or DIAND;
(b) identified in the Annexes as "Block" or "Grant" by notice one year before the start of the next fiscal year where the program on which funding is based is changed or terminated by Treasury Board or DIAND; and
Revised Section 1.0 - MAXIMUM FUNDING of ANNEX 1A – BLOCK CONTRIBUTION FUNDING 1.0 Subject to this Agreement, DIAND will transfer Block Contribution funding (BLOCK) as follows:
(a) up to the amount set out in Annex 2 for Block Contribution funding for the initial fiscal year of this Agreement; and
1.0 Subject to this Agreement, DIAND will transfer Block Contribution funding (BLOCK) as follows:
(a) up to $xxx,xxx for the initial fiscal year of this Agreement; and
New Section 1.0 - MAXIMUM FUNDING of ANNEX 1B – CONTRIBUTION AND GRANT FUNDING 1.0 Subject to this Agreement, DIAND will transfer up to the Set (SET), Fixed (FIXED), Flex (FLEX) or Grant (GRANT) funding amounts set out in Annex 2 for each fiscal year of this Agreement.  
Deleted "Maximum Amount of funding by fiscal year" column in the table in ANNEX 1B – CONTRIBUTION AND GRANT FUNDING

Revised the Schedule of Payments portion of ANNEX 2
Revised Schedule of Payments portion of ANNEX 2 to present the maximum amount of funding by fiscal year for all funding Other than for the Block Contribution Funding:
- maximum amount of funding by fiscal year only included in the ANNEX 1B – CONTRIBUTION AND GRANT FUNDING
- Schedule of Payments portion of ANNEX 2 presents maximum amount of funding for the initial fiscal year only
Date modified: