First Nations and Tribal Councils National Funding Agreement Model for 2017-2018

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

[Name of Recipient], a First Nation that is a "band" as defined in the Indian Act,
as represented by its Chief and Councillors

(hereinafter referred to as the "Council")

OR

[Name of Recipient], an incorporated Tribal Council represented by its Directors

(hereinafter referred to as the "Council")

WHEREAS:

NOW THEREFORE the parties agree as follows:

1.0 Interpretation

1.1 Definitions

1.1.1 In this Agreement, unless otherwise provided:

Note: The following "Agency" definition is to be included where the Council is a First Nation.

"Agency" means an authority, board, committee or other entity authorized to act on behalf of the Council.

Note: The following "Agency" definition is to be included where the Council is a Tribal Council.

"Agency" means an authority, board, committee, Member First Nation or other entity authorized to act on behalf of the Council.

"Agreement" means this Agreement and includes all Schedules, any Notices of Budget Adjustment, and any amendments made in accordance with section 14.3 (Amendments), section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities), subsections 4.4.6 and 4.4.7, and section 4.6 (Adjustment of Cash Flow).

"Cash Flow" means the periodic payments Canada will make to the Council in accordance with Schedule "FED-1".

"Consolidated Audited Financial Statements" means the Council's annual Consolidated Financial Statements that are audited in accordance with section 4.4 (Reporting).

Note: The following "Consolidated Financial Statements" definition is to be included when the Council is a First Nation.

"Consolidated Financial Statements" means the financial statements of the Council - prepared in accordance with generally accepted accounting principles – in which the assets, liabilities, equity, income, expenses, and cash flows of the Council and of those entities that are required by those principles to be included are presented as those of a single economic entity, as if the Council were a government reporting on its financial information.

Note: The following "Consolidated Financial Statements" definition is to be included when the Council is a Tribal Council.

"Consolidated Financial Statements" means the financial statements of the Council.

"Contributions" means funding provided under this Agreement for programs, services or activities for which expenditures must be accounted, ineligible expenditures must be reimbursed to Canada, and unexpended funding must be reimbursed to Canada unless otherwise specified in this Agreement.

"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 and through which Canada provides funding under this Agreement.

"First Nation" means a "band" within the meaning of the Indian Act.

"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.

"Management Action Plan" means a plan, developed by the Council and acceptable to Canada, which reflects measures to be taken by the Council to remedy a default under this Agreement.

"Management Development Plan" means a plan, if any, developed and approved by the Council and accepted by Canada, and attached as Schedule "DIAND-5", which addresses any recommendations identified in an assessment of the Council's administrative, accountability and management practices.

The following "Member" definition is to be included when the Council is a First Nation.

"Member" means a person whose name appears on the band list of the Council maintained by DIAND or the Council in accordance with the Indian Act.

The following "Member" and "Member First Nation" definitions are to be included when the Council is a Tribal Council.

"Member" means a person whose name appears on the band list of a Member First Nation maintained by DIAND or that Member First Nation in accordance with the Indian Act.

"Member First Nation" means a First Nation which is a member of the Council.

"Notice of Budget Adjustment" means a notice to the Council from Canada that changes an amount of funding provided under this Agreement in accordance with section 3.3 (Formula-based or Factor-based Funding Adjustments).

"Recipient" means, a person other than a Member who may be eligible for any program or service for which funding is provided under this Agreement.

"Reporting Guide" means the applicable Reporting Guide published by DIAND.

"Schedule" means a schedule to this Agreement.

"Third Party Funding Agreement Manager" means a third party, appointed by Canada, that administers funding otherwise payable to the Council and the Council's obligations under this Agreement, in whole or in part, and that may assist the Council to remedy default under this Agreement.

Note: The following "Tribal Council" definition is to be included when the Council is a Tribal Council.

"Tribal Council" means an organization established by a number of First Nations with common interests who voluntarily join together to provide capacity development and/or program services to Member First Nations.

1.2 Multiple Funding Departments

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 10.0 (Remedies on Default), and article 13.0 (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 Day 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 Council funding for each Fiscal Year covered by this Agreement in accordance with Schedule "DIAND-1A", Schedule "DIAND-1B", and Schedule "DIAND-2" and [list any other Schedules under which funding is committed to the Council] 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 Council, 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 cancelled 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 cancelled 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.

3.3 Formula-based or Factor-based Funding Adjustments

3.3.1 Where the amount of any funding as set out in Schedule "FED-1" will change in accordance with Schedule "DIAND-1B", Canada shall, by Notice of Budget Adjustment, amend Schedule "FED-1" accordingly.

3.3.2 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 Schedule "DIAND-3", Canada shall, by Notice of Budget Adjustment, amend Schedule "FED-1" accordingly.

3.4 Exceptional Circumstances

3.4.1 In the event that exceptional circumstances occur during the term of this Agreement, the Council may return to the Federal Department that provides funding under this Agreement for programs, services or activities affected by the exceptional circumstances to seek changes to the level of funding or to obtain assistance.

3.4.2 Subsection 3.4.1 is intended to address exceptional circumstances (including but not limited to health, safety and socio-economic issues) which were not reasonably foreseeable at the time this Agreement was entered into and which have a significant impact on the Council's performance of the terms and conditions of this Agreement. In the event that a Federal Department agrees to change the level of funding, that change will be made by way of a written amending agreement.

4.0 Council's Responsibilities

4.1 Representations and Warranties

PLEASE CHOOSE 1 OF THE FOLLOWING 3 OPTIONS FOR SUBSECTION 4.1.1:

Option #1: The following is to be used where the Council is a First Nation.

4.1.1 The Council represents and warrants that the signatories to this Agreement have been authorized to execute and deliver this Agreement.

4.1.2 The Council represents that its financial year aligns with the Fiscal Year and will remain so aligned throughout the term of this Agreement.

Option#2: The following is to be used where the Council is a Tribal Council

4.1.1 The Council represents and warrants that:

  1. the signatories to this Agreement have been authorized to execute and deliver this Agreement;
  2. it has the corporate power and authority to execute, deliver and perform its obligations under this Agreement; and
  3. it is a corporation duly incorporated and in good standing under the laws of Canada or of a Province or a Territory of Canada, as the case may be, and will remain in good standing at all times during the term of this Agreement.

Option #3: The following is to be used where the Council is a Tribal Council AND IF the Province or Territory issues a certificate of good standing.

4.1.1 The Council represents and warrants that:

  1. the signatories to this Agreement have been authorized to execute and deliver this Agreement;
  2. it has the corporate power and authority to execute, deliver and perform its obligations under this Agreement; and
  3. it is a corporation duly incorporated and in good standing under the laws of Canada or of a Province or a Territory of Canada, as the case may be, as evidenced by the certificate of good standing issued by the appropriate authority and provided by the Council to Canada, and will remain in good standing at all times during the term of this Agreement.

4.2 Programs, Services and Activities

4.2.1 The Council shall provide the programs and services and carry out the activities for which funding is provided under this Agreement in accordance with the delivery standards and delivery requirements set out in the Schedules, applicable laws, and any written standards the Council may develop that are consistent with this Agreement.

4.3 Record Keeping

4.3.1 Without limiting section 4.4 or any other requirement to maintain accounts and records, the Council 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.

4.3.2 The accounts and records referred to in subsection 4.3.1 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.

4.3.3 The Council shall comply with any additional requirements to maintain accounts and records set out in any Schedule.

4.4 Reporting

4.4.1 The Council shall maintain its accounts and prepare its Consolidated Financial Statements in accordance with generally accepted accounting principles.

4.4.2 The Council shall engage an independent auditor who is a member in good standing of a corporation, institute or association of accountants incorporated under an Act of the legislature of the Province or Territory in which the Council has its administrative offices and notify DIAND of the engagement of the auditor at least two (2) weeks prior to the end of each Fiscal Year. The notice must authorize DIAND to release revenue and trust information to the auditor for purposes of completing the Consolidated Audited Financial Statements.

4.4.3 The Council's Consolidated Financial Statements must:

  1. be prepared for each Fiscal Year in accordance with the Reporting Guide;
  2. be audited by the independent auditor engaged by the Council under subsection 4.4.2 in accordance with the generally accepted auditing standards of the Canadian Institute of Chartered Accountants, or its successor; and
  3. be delivered to DIAND, together with all other financial reporting required under the Reporting Guide, within one hundred and twenty (120) days of the end of the Fiscal Year.

4.4.4 DIAND may deliver a copy of the Council's Consolidated Audited Financial Statements, together with all other financial reporting required under the Reporting Guide, to:

  1. any other Federal Department; or
  2. any federal government institution with which the Council has an arrangement under which that institution will receive a copy of those documents from DIAND.

4.4.5 The Council 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 set out in the Reporting Guide

4.4.6 If this Agreement covers more than one Fiscal Year, DIAND may, by advance notice to the Council, 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.

4.4.7 Subject to any statutory obligations that may apply to the Council, Canada may, by notice to the Council, extend the deadline for the receipt of reports to be submitted to DIAND under this section if the Council provides notice before the applicable due dates of circumstances beyond the Council's control preventing the Council from meeting the deadlines.

4.4.8 Canada shall provide the Council with notice of receipt within thirty (30) days of receiving the Consolidated Audited Financial Statements.

4.4.9 The Council shall fulfill all other reporting requirements set out in the Schedules.

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

4.5 Ineligible Expenditures and Unexpended Funding

4.5.1 The Council shall reimburse to Canada ineligible expenditures and unexpended funding in accordance with the requirements set out in the Schedules.

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

4.6 Adjustment of Cash Flow

4.6.1 Where any periodic payment set out in Schedule "FED-1" for a program, service or activity for which funding is provided by DIAND significantly differs from the Council's anticipated expenditures for the corresponding period, the Council shall promptly notify DIAND and, subject to subsection 4.6.2, propose adjustments to that Schedule accordingly. Canada shall notify the Council of acceptance or rejection of the proposed adjustments within thirty (30) days of the Council'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".

4.6.2 No total annual amount for any program, service or activity set out in Schedule "FED-1" may be changed under subsection 4.6.1.

4.7 Management Development Plan

4.7.1 Where there is a Management Development Plan, the Council shall implement the plan within the period of time provided in that plan.

4.7.2 DIAND and the Council will meet to review the progress of the Council in implementing the Management Development Plan at such times as they agree having regard to the provisions of that plan but, in any event, at least once not later than six (6) months after the effective date of this Agreement.

4.8 Loans

Note: Only one of the following three options is to be included in this Agreement.

OPTION#1

4.8.1 The Council shall not make loans from funds transferred under this Agreement.

OR OPTION#2: The following subsections 4.8.1 and 4.8.2 is to be included when the Council is a First Nation AND may make loans with funds provided under this Agreement.

4.8.1 Subject to subsection 4.8.2, the Council may make loans from funds transferred under this Agreement provided that:

  1. loans must be directly related to a specific program, service or activity funded under this Agreement and will not be made for personal use; and
  2. the Council's loan policy is in writing and available to Members and Recipients upon request.

4.8.2 The Council shall not make loans from any funding transferred under a Schedule that prohibits the making of loans.

Note: OPTION#3: The following subsections 4.8.1 and 4.8.2 is to be included when the Council is a Tribal Council AND may make loans with funds provided under this Agreement.

4.8.1 Subject to subsection 4.8.2, the Council may make loans from funds transferred under this Agreement provided that:

  1. loans must be directly related to a specific program, service or activity funded under this Agreement and will not be made for personal use; and
  2. the Council's loan policy is in writing and available to Member First Nations, Members and Recipients upon request, and all loans are evidenced by an agreement in writing between the Council and each borrower.

4.8.2 The Council shall not make loans from any funding transferred under a Schedule that prohibits the making of loans.

Note: The following subsection 4.9 is to be included when the Council is a Tribal Council.

4.9 Authorization of Member First Nations

4.9.1 The Council shall provide DIAND with a copy of a Band Council Resolution passed by each of its Member First Nations, which resolution must state that:

  1. the Member First Nation authorizes the Council to enter into an agreement with Canada under which the funding will be paid to the Council and the Council will provide the corresponding programs, services and activities to the Members of the Member First Nations; and
  2. that authorization will not be withdrawn by the Member First Nation except upon written notice to the Council, which notice will not take effect until the April 1st occurring after one (1) calendar year has elapsed from the date the Member First Nation has notified the Council in writing of its withdrawal, or at such other time as the parties may agree in writing.

4.9.2 Where the Council receives notice of a Member First Nation's withdrawal or notice of a First Nation's addition to the Council, the Council shall immediately provide DIAND with notice and shall include with such notice a copy of the Band Council Resolution confirming the Member First Nation's withdrawal from or addition to the Council.

4.9.3 The change in Council membership referred to in this section will not take effect until the April 1st occurring after one (1) calendar year has elapsed from the date Council has notified DIAND of the change in membership, or at such other time as the parties may agree in writing, and during that notice period the Council and Canada agree to meet to discuss the impacts of the change in membership on the continuing obligations of the parties.

4.9.4 Nothing in this section obliges Canada to enter into any funding agreement with a formerMember First Nation.

5.0 Amounts Owing to Canada

5.1 Any amount to be reimbursed to Canada by the Council under this Agreement or that is otherwise owed to Canada by the Council under this Agreement, is a debt due to Canada. Canada shall notify the Council 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 Council under this Agreement or any other funding agreement through which a Federal Department provides funding to the Council.

5.2 Section 5.1 survives the expiry or termination of this Agreement.

Note: The following Article 6.0 is to be used when the Council is a First Nation.

6.0 Council's Accountability to Members

6.1 Transparency and Redress

6.1.1 The Council shall maintain a system of accountability to Members which provides for:

  1. transparency and openness in the Council's decision making process including drafting and maintaining at all times a written conflict of interest policy available to every Member which must, at a minimum, provide that:
    1. an elected official or employee of the Council will not benefit from that position, beyond the agreed upon compensation as a result of the position they hold; and
    2. where an elected official or employee of the Council is in a conflict of interest relating to a decision to be made by the Council, that conflict of interest will be disclosed to the Council and the Council will determine whether that individual will take part in that decision; and
  2. redress for Members by ensuring that policies and procedures are in place to address disputes related to programs, services and activities for which funding is provided under this Agreement, which policies and procedures must, at a minimum, provide for:
    1. clearly defined and impartial dispute resolution mechanisms for initiating, presenting and resolving disputes including an opportunity for all parties to be heard;
    2. reasonable time frames within which disputes will be initiated and resolved;
    3. disclosure of information relating to the dispute;
    4. an appeal process; and
    5. appropriate remedies based upon the outcome of the dispute resolution.

6.1.2 Without limiting subsection 6.1.1, the Council shall maintain a system of accountability to Recipients which provides for:

  1. transparency and openness in the Council's decision making process as it relates to those programs and services for which funding is provided under this Agreement and for which Recipients may be eligible;
  2. disclosure of the policies, guidelines and written standards of the Council as it relates to the provision of any programs and services for which funding is provided under this Agreement and for which Recipients may be eligible; and
  3. redress for Recipients affected by decisions of the Council that relate to those programs and services for which funding is provided under this Agreement and for which Recipients may be eligible.

6.1.3 In the event of an inconsistency or conflict between the system of accountability established by the Council under subsections 6.1.1 and 6.1.2 and this Agreement, this Agreement will prevail to the extent of the inconsistency or conflict.

6.2 Budget

6.2.1 The Council shall have a budget in place for each Fiscal Year. Each budget must be approved by the Council at a duly convened meeting and must include:

  1. the allocation of funding to be provided under this Agreement for the provision of programs, services and activities; and
  2. the amounts of remuneration to be provided to the Chief, each Councilor, and each unelected senior official of the Council, including amounts for salaries, wages, honoraria, commissions, bonuses, fees, travel expenses and any other remuneration to be paid by, and non-monetary benefits to be provided by, the Council and the Council's affiliates in the Fiscal Year.

6.3 Disclosure to Members

6.3.1 The Council shall, within sixty (60) days of a request from any Member, or within any other period provided under an Act of Parliament, as the case may be, make the following information available to that Member, including providing copies if requested at no charge beyond the reasonable cost of reproducing documents:

  1. this Agreement, as of the date of the request;
  2. any Management Development Plan, any Management Action Plan, and any amendments to such plans;
  3. the Consolidated Audited Financial Statements, together with all other financial reporting required under the Reporting Guide, for every Fiscal Year up to the date of the request;
  4. completed evaluations, if any, of any program, service or activity for which funding is provided under this Agreement;
  5. policies, guidelines and written standards of the Council relating to the provision of any program, service or activity for which funding is provided under this Agreement;
  6. the annual report of the activities of the Council for every Fiscal Year covered by this Agreement up to the date of the request;
  7. the Council's budgets, including remuneration information, for every Fiscal Year covered by this Agreement up to the date of the request; and
  8. the Council's conflict of interest policy.

6.3.2 Without limiting any obligation the Council has with respect to disclosure of personal information, where the Consolidated Audited Financial Statements, other financial reporting required under the Reporting Guide, or any Management Action Plan will contain information about one or more identifiable individuals, the Council shall notify those individuals that this information may be disclosed to Members.

6.4 Accountability Requirements in Schedules

6.4.1 The Council shall fulfill any additional transparency, disclosure, redress or other accountability requirements set out in any Schedule.

6.5 Survival

6.5.1 Section 6.3 (Disclosure to Members) survives the expiry or termination of this Agreement.

Note: The following Article 6.0 is to be used when the Council is a Tribal Council.

6.0 Council's Accountability to Member First Nation and Members

6.1 Transparency and Redress

6.1.1 The Council shall maintain a system of accountability to Member First Nations and Members which provides for:

  1. transparency and openness in the Council's decision making process including drafting and maintaining at all times a written conflict of interest policy available to Member First Nations and Members which must, at a minimum, provide that:
    1. an elected official or employee of the Council will not benefit from that position, beyond the agreed upon compensation as a result of the position they hold; and
    2. where an elected official or employee of the Council is in a conflict of interest relating to a decision to be made by Council, that conflict of interest will be disclosed to the Council and the Council will determine whether that individual will take part in that decision; and
  2. redress for Member First Nations and Members by ensuring that policies and procedures are in place to address disputes related to programs, services and activities for which funding is provided under this Agreement, which policies and procedures shall, at a minimum, provide for:
    1. clearly defined and impartial dispute resolution mechanisms for initiating, presenting and resolving disputes including an opportunity for all parties to be heard;
    2. reasonable time frames within which disputes shall be initiated and resolved;
    3. disclosure of information relating to the dispute;
    4. an appeal process; and
    5. appropriate remedies based on the outcome of the dispute resolution.

6.1.2 Without limiting subsection 6.1.1, the Council shall maintain a system of accountability to Recipients which provides for:

  1. transparency and openness in the Council's decision making process as it relates to those programs and services for which funding is provided under this Agreement and for which Recipients may be eligible;
  2. disclosure of the policies, guidelines and written standards of the Council as it relates to the provision of any programs and services for which funding is provided under this Agreement and for which Recipients may be eligible; and
  3. redress for Recipients affected by decisions of the Council that relate to those programs and services for which funding is provided under this Agreement and for which Recipients may be eligible.

6.1.3 In the event of an inconsistency or conflict between the system of accountability established by the Council under subsections 6.1.1 and 6.1.2 and this Agreement, this Agreement will prevail to the extent of the inconsistency or conflict.

6.2 Budget

6.2.1 The Council shall have a budget in place for each Fiscal Year. Each budget must be approved by the Council at a duly convened meeting of the directors and must include:

  1. the allocation of funding to be provided under this Agreement for the provision of programs, services and activities; and
  2. the amounts of remuneration to be provided to each director and senior official of the Council, including amounts for salaries, wages, honoraria, commissions, bonuses, fees, travel expenses and any other remuneration to be paid by, and non-monetary benefits to be provided by, the Council and the Council's affiliates in the Fiscal Year.

6.3 Disclosure to Member First Nations and Members

6.3.1 The Council shall, within sixty (60) days of a request from a Member First Nation or Member, make the following information available to that Member First Nation or Member, as the case may be, including providing copies if requested at no charge beyond the reasonable cost of reproducing documents:

  1. this Agreement as of the date of the request;
  2. any Management Development Plan, any Management Action Plan, and any amendments to such plans;
  3. the Consolidated Audited Financial Statements, together with all other financial reporting required under the Reporting Guide, for every Fiscal Year up to the date of the request;
  4. completed evaluations, if any, of any program, service or activity for which funding is provided under this Agreement;
  5. policies, guidelines and written standards of the Council relating to the provision of any program, service or activity for which funding is provided under this Agreement;
  6. the annual report of the activities of the Council for every Fiscal Year covered by this Agreement up to the date of the request;
  7. the Council's budgets, including remuneration information, for every Fiscal Year up to the date of the request; and
  8. the Council's conflict of interest policy.

6.3.2 Without limiting any obligation the Council has with respect to disclosure of personal information, where the Consolidated Audited Financial Statements and schedules that must be submitted to DIAND under the Reporting Guide, or any Management Action Plan will contain information about one or more identifiable individuals, the Council shall notify those individuals that this information may be disclosed to Member First Nations and Members.

6.4 Accountability Requirements in Schedules

6.4.1 The Council shall fulfill any additional transparency, disclosure, redress or other accountability requirements set out in any Schedule.

6.5 Survival

6.5.1 Section 6.3 (Disclosure to Members and Member First Nations) survives the expiry or termination of this Agreement.

7.0 Delegations of Obligations

7.1 Parties May Delegate

7.1.1 Subject to the provisions of this section:

  1. either party to this Agreement may delegate any or all of its obligations under this Agreement to its duly authorized representative or agent, which in the case of the Council will be an Agency, by an agreement in writing; and
  2. the Council may transfer funding to an Agency to provide, in whole or in part, any program, service or activity for which funding is provided for under this Agreement.

7.1.2 Where statutory authority to act on behalf of a Federal Department is delegated to the Council, as in the case of delegated authority under sections 53 or 60 of the Indian Act to administer lands, the Council shall not delegate any or all of that authority.

7.1.3 The Council shall not delegate any obligations relating to any program, service or activity identified as GRANT in Schedule "FED-1".

7.2 Where the Council Delegates Obligations or Transfers Funding

7.2.1 Where the Council 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 Council shall ensure that the Agency:

  1. has a specified mandate, a clearly identified role and a defined relationship with the Council;
  2. adheres to the accountability principles set out in this Agreement;
  3. provides to the Council financial statements prepared:
    1. in accordance with the Reporting Guide; and
    2. in a manner permitting the preparation of the Consolidated Audited Financial Statements by the Council;
  4. consents to the release by the Council to any Federal Department of the financial statements provided to the Council under paragraph 7.2.1(c);
  5. maintains accounts and financial and non-financial records for each program, service or activity in respect of which the Council 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 8.0 (Access by Canada to Records) or section 14.8 (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 Council 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 Council 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.

7.2.2 Without limiting subsection 7.2.1, where the Council delegates any or all of its obligations under this Agreement or transfers funding under this Agreement to an Agency, the terms of the delegation or transfer of funding will be evidenced by a written agreement between the Council and the Agency that:

  1. sets out the obligations of the Agency, including those necessary for the Council to fulfill the requirements of subsection 7.2.1;
  2. provides 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 Council and of the Agency.

7.2.3 Upon written request of a Federal Department during the term of this Agreement or within seven years of its expiry or termination, the Council shall provide to that Federal Department:

  1. a copy of the agreement referred to in subsection 7.2.2; and
  2. a copy of the financial statements provided to the Council by the Agency under paragraph 7.2.1(c).

7.3 Delegating Party Remains Liable

7.3.1 Where either party delegates any or all of its obligations under this Agreement, the delegating party will remain liable to the other party for the fulfillment of all of its obligations under this Agreement.

7.3.2 Where the Council 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 Council will remain liable to Canada for the fulfillment of all of its obligations under this Agreement.

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

8.0 Access by Canada to Records

8.1 Canada May Audit Accounts and Records

8.1.1 Any Federal Department may, individually or in conjunction with other Federal Departments, audit or cause to have audited the accounts and records of the Council 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 Council's compliance with the terms and conditions of this Agreement;
  2. review the Council's program management and financial control practices in relation to this Agreement; or
  3. confirm the integrity of any data which has been reported by the Council pursuant to this Agreement.

8.2 Scope and Timing of Audit of Accounts and Records

8.2.1 The scope, coverage and timing of any audit under section 8.1 (Canada May Audit Accounts and Records) will be determined by Canada and may be carried out by one or more auditors employed or contracted by Canada.

8.2.2 Notwithstanding the reference to Canada in subsection 8.2.1, Canada's rights as set out in that subsection may be exercised by any one or more Federal Departments.

8.3 Auditors' Access to Accounts, Records and Premises

8.3.1 In the event of an audit under section 8.1 (Canada May Audit Accounts and Records), the Council shall, upon request:

  1. provide to the auditors referred to in section 8.2 (Scope and Timing of Audit of Accounts and Records) all accounts and records of the Council 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 Council's premises;
  5. direct any entity that has provided accounting or record-keeping services to the Council to provide copies of those accounts and records to the auditors; and
  6. give consent to independent auditors referred to in section 4.4 (Reporting) or section 10.3 (Where Financial Statements Not Provided), as applicable, to allow access by Canada's auditors to working papers that support the opinion or disclaimer of opinion, as applicable, on Consolidated Audited Financial Statements.

8.4 Records Maintained under Other Funding Agreements

8.4.1 The accounts and records Canada may audit or cause to have audited under section 8.1 (Canada May Audit Accounts and Records) include records maintained under any previous funding agreement through which the federal government has provided funding to the Council that, in the opinion of any auditor employed or contracted by Canada under section 8.2 (Scope and Timing of Audit of Accounts and Records), may be relevant to the audit.

8.5 No Limitation on Other Sections

8.5.1 Section 8.1 (Canada May Audit Accounts and Records) does not limit:

  1. Canada's right to audit and evaluate under section 14.8 (Audit and Evaluation);
  2. the Council's obligation to have financial statements audited under section 4.4 (Reporting); or
  3. Canada's right to appoint an independent auditor or to require the Council to appoint an independent auditor under section 10.3 (Where Financial Statements Not Provided).

9.0 Default

9.1 The Council will be in default of this Agreement in the event:

  1. the Council defaults on any of its obligations set out in this Agreement or any other agreement through which a Federal Department provides funding to the Council;
  2. the auditor of the Council gives a disclaimer of opinion or adverse opinion on the Consolidated Financial Statements of the Council in the course of conducting an audit under section 4.4 (Reporting) or section 10.3 (Where Financial Statements Not Provided) of this Agreement or the corresponding clauses in its predecessor;
  3. in the opinion of the Minister of Indian Affairs and Northern Development or any other Minister that represents Her Majesty the Queen in Right of Canada in this Agreement, having regard to the Council's financial statements and any other financial information relating to the Council reviewed by the Minister, the financial position of the Council is such that the delivery of any program, service or activity for which funding is provided under this Agreement is at risk; or
  4. in the opinion of the Minister of Indian Affairs and Northern Development or any other Minister that represents Her Majesty the Queen in Right of Canada in this Agreement, the health, safety or welfare of Members or Recipients is at risk of being compromised.

Note: The following paragraphs (c), (d) and (e) are to replace paragraphs (c) and (d) above when the Council is an incorporated Tribal Council.

  1. in the opinion of the Minister of Indian Affairs and Northern Development or any other Minister that represents Her Majesty the Queen in Right of Canada in this Agreement, having regard to Council's financial statements and any other financial information relating to the Council reviewed by the Minister, the financial position of the Council is such that the delivery of any program, service or activity for which funding is provided under this Agreement is at risk;
  2. in the opinion of the Minister of Indian Affairs and Northern Development or any other Minister that represents Her Majesty the Queen in Right of Canada in this Agreement, the health, safety or welfare of Members or Recipients is at risk of being compromised; or
  3. the Council becomes bankrupt or insolvent, goes into receivership, takes the benefit of any statute from time to time being in force relating to bankrupt or insolvent debtors, or ceases to be a corporation in good standing under the laws of Canada or of a Province or Territory of Canada, as applicable.

10.0 Remedies on Default

10.1 Parties Will Meet

10.1.1 Without limiting any remedy or other action Canada may take under this Agreement or administrative measures the Minister of Indian Affairs and Northern Development may take under an Act of Parliament, in the event the Council is in default under this Agreement, the parties will communicate or meet to review the situation.

10.2 Action Canada May Take

10.2.1 In the event the Council is in default under this Agreement, and without limiting administrative measures the Minister of Indian Affairs and Northern Development may take under an Act of Parliament, 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. require the Council to develop and implement a Management Action Plan within sixty (60) calendar days, or at such other time as the parties may agree upon and set out in writing;
  2. require the Council to seek advisory support acceptable to Canada;
  3. appoint, upon providing notice to the Council, a Third Party Funding Agreement Manager;
  4. withhold any funds otherwise payable under this Agreement;
  5. require the Council to take any other reasonable action necessary to remedy the default;
  6. take such other reasonable action as Canada deems necessary, including any remedies which may be set out in any Schedule; or
  7. terminate this Agreement.

10.3 Where Financial Statements Not Provided

10.3.1 Without limiting actions Canada may take under section 10.2 (Action Canada May Take) or administrative measures the Minister of Indian Affairs and Northern Development may take under an Act of Parliament, where the Council defaults in its obligation under this Agreement or its predecessor to provide DIAND with Consolidated Audited Financial Statements, together with all other financial reporting required under the Reporting Guide, Canada may:

  1. require that an independent auditor who is a member in good standing of a corporation, institute or association of accountants incorporated under an Act of the legislature of the Province or Territory in which the Council has its administrative offices be engaged immediately by the Council at the Council's cost and that the Consolidated Audited Financial Statements, together with all other financial reporting required under the Reporting Guide, be delivered within a reasonable time as Canada may determine; or
  2. appoint an independent auditor who is a member in good standing of a corporation, institute or association of accountants incorporated under an Act of the legislature of the Province or Territory in which the Council has its administrative offices and in which case:
    1. the Council shall provide the auditor appointed by Canada with full access to its financial records and provide such other information as the auditor may require to perform the audit; and
    2. the Council shall reimburse Canada for all costs incurred in having the audit conducted.

10.4 Where Documents Not Disclosed

Note: The following subsection 10.4.1 is to be included when the Council is a First Nation.

10.4.1 Without limiting actions Canada may take under section 10.2 (Action Canada May Take) or administrative measures the Minister of Indian Affairs and Northern Development may take under an Act of Parliament, where the Council defaults on its obligation to make Consolidated Audited Financial Statements, all other financial reporting required under the Reporting Guide, or any Management Action Plan readily available to Members that request them, Canada may make those documents available to those Members.

Note: The following subsection 10.4.1 is to be included when the Council is a Tribal Council.

10.4.1 Without limiting remedies available to Canada set out in section 10.2 (Action Canada May Take) where the Council defaults in its obligation to make Consolidated Audited Financial Statements, all other financial reporting required under the Reporting Guide, or any Management Action Plan readily available to Member First Nations and Members that request them, Canada may make those documents available to those Member First Nations and Members, as applicable.

10.5 Where Reporting Requirements Not Met

10.5.1 Without limiting remedies available to Canada set out in section 10.2 (Action Canada May Take) and section 10.3 (When Financial Statements Not Provided), Canada may withhold funding otherwise payable under this Agreement if financial statements, or any other report to be submitted under section 4.4 (Reporting) are not provided by the Council to Canada as required under this Agreement or the corresponding clauses in its predecessor. Subject to article 5.0 (Amounts Owing to Canada), any amounts so withheld must be paid by Canada to the Council within forty-five (45) days of Canada's acceptance of subsequently submitted reports.

11.0 Indemnification

11.1 The Council 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 Council or any Agency, any breach of this Agreement by the Council and performance or non-performance (in whole or in part) of the Council's obligations under this Agreement, and any claims, liabilities and demands that may arise from the Council entering into any loan, capital lease or other long term obligation and such indemnification will survive the expiry or termination of this Agreement.

11.2 Subject to section 11.1, Canada shall save harmless and fully indemnify the Council from and against all claims, liabilities and demands arising directly or indirectly from any breach of this Agreement by Canada and such indemnification will survive the expiry or termination of this Agreement.

12.0 Dispute Resolution

12.1 Procedures

12.1.1 Subject to section 12.3 (Exceptions and Limitations), in the event a dispute arises between Canada and the Council regarding the interpretation of a provision of this Agreement or the obligation of a party under this Agreement, Canada and the Council may choose to resolve the dispute in the manner set out below, or in such other manner as the parties may agree in writing.

12.1.2 In the event that either party is of the opinion that a dispute exists between them regarding the interpretation of a provision of this Agreement or the obligation of a party under this Agreement, that party will give the other party written notice setting out:

  1. that the party giving notice wishes to undertake the dispute resolution process provided for in this section; and
  2. a concise summary of the matter in dispute.

12.1.3 The relevant Federal Department(s) and the Council will meet within five (5) business days of the date notice was given under subsection 12.1.2 (or at such other time as the parties may agree in writing) to attempt to resolve the dispute.

12.1.4 Where the parties are unable to resolve the dispute following the meeting referred to in subsection 12.1.3, the parties will appoint a mutually acceptable independent third party within five (5) business days of that meeting (or within such other time as the parties may agree in writing) for the purpose of assisting them in resolving the dispute; and if the parties cannot agree on the choice of the independent third party within that period, then an independent third party will be chosen, upon application by the parties, by an independent centre or organization acceptable to the parties.

12.1.5 Where an independent third party is appointed pursuant to subsection 12.1.4, the relevant Federal Department(s) and the Council will meet with him or her within five (5) business days of his or her appointment (or at such other time as the parties may agree in writing) to attempt to resolve the dispute.

12.1.6 Canada and the Council will:

  1. each bear its own costs arising from the dispute resolution process provided for in this article; and
  2. bear equally the costs of any independent third party appointed pursuant to subsection 12.1.4.

12.2 Admissibility in Legal Proceedings

12.2.1 Subject to subsection 12.2.2, any exchanges between Canada and the Council after one party has given the other notice that it wishes to undertake dispute resolution pursuant to section 12.1 (Procedures), including without limitation:

  1. any minutes or other records of any meetings between Canada and the Council; and
  2. any admissions, discussion, or offers of settlement, whether made verbally or in writing by either party,

will not be admissible in any legal proceedings unless otherwise required by law.

12.2.2 Evidence that is independently admissible or discoverable will not be rendered inadmissible or non-discoverable by virtue of its use during the above noted process.

12.3 Exceptions and Limitations

12.3.1 Disputes arising as a result of any of the following matters will not be dealt with under the dispute resolution process provided for in section 12.1 (Procedures):

  1. budget decisions of the Council made in accordance with the terms and conditions of this Agreement;
  2. the amount of funding provided by Canada for programs, services and activities under this Agreement; and
  3. an audit or evaluation under article 8.0 (Access by Canada to Records) or section 14.8 (Audit and Evaluation).

12.3.2 No procedure under 12.1 (Procedures) will suspend or delay a decision by Canada that the Council is in default or any action taken by Canada under article 10.0 (Remedies on Default) or section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities).

13.0 Termination

13.1 Parties May Terminate

13.1.1 Without limiting section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities) or Canada's right to terminate under section 10.2 (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 the dispute resolution process provided for in article 12.0 Dispute Resolution), or any other process agreed to in writing by the parties, in respect of any dispute that has arisen under this Agreement; 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 and services to Members and Recipients.

13.2 When Parties Terminate

13.2.1 In the event of the termination of this Agreement:

  1. the Council shall provide DIAND with Consolidated Audited Financial Statements together with all other financial reporting required under the Reporting Guide, or such parts of that financial reporting as specified by DIAND, 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 Council shall reimburse to Canada any unexpended funding transferred to the Council up to the termination date of this Agreement, unless the Council 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 Council any monies owed to the Council up to the termination date of this Agreement, unless the Council and Canada agree otherwise in writing; and
  4. the Council shall fulfill any other obligation relating to termination set out in any Schedule.

14.0 General

14.1 Schedules

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

  • SCHEDULE "FED-1"
  • SCHEDULE "DIAND-1A" Block Contribution Funding
  • SCHEDULE "DIAND-1B" Block Formula Adjustment
  • SCHEDULE "DIAND-2" Set, Fixed, Flexible and Grant Funding
  • SCHEDULE "DIAND-3" Program, Service and Activity Delivery Requirements and Adjustment Factors
  • SCHEDULE "DIAND-4" Schedule of Reporting Requirements and Due Dates
  • SCHEDULE "DIAND-5" Management Development Plan, where applicable
  • SCHEDULE "DIAND-6" Management Action Plan, where applicable
  • SCHEDULE "[OFD abbreviation]-1" [Other Federal Departments Name] terms and conditions, where applicable

14.2 Entire Agreement

14.2.1 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.

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

14.3 Amendments

14.3.1 Subject to section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities), section 3.3 (Formula-based or Factor-based Funding Adjustments), subsection 4.4.6, subsections 4.4.6 and 4.4.7, and section 4.6 (Adjustment of Cash Flow), a written amending agreement signed by both parties is required to amend this Agreement.

14.4 Assignment

14.4.1 Neither party may assign its responsibilities under this Agreement.

14.5 Effect on Relationship of Parties

14.5.1 Nothing in this Agreement creates or is intended to create an agency, association, employer-employee, or joint venture relationship between the Council and Canada, and the Council shall not represent otherwise.

14.6 Applicable Law

14.6.1 This Agreement will be interpreted in accordance with the laws of Canada and the applicable laws of the Province or Territory in which the programs, services and activities for which funding is provided under this Agreement are delivered.

14.7 Recognition of Canada's Funding

14.7.1 The parties shall comply with any requirements set out in the Schedules on recognition Canada's funding provided under this Agreement.

14.8 Audit and Evaluation

14.8.1 Any Federal Department may, individually or in conjunction with other Federal Departments, 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 by Agencies, or of the Council's management practices in relation to this Agreement. In the event Canada decides to carry out one or more such audits or evaluations, the Council shall cooperate in the conduct of any such audit or evaluation and provide DIAND, other Federal Departments or their representatives such information as they require. The Council shall maintain accounting documentation regarding all funding provided by DIAND and other Federal Departments in a manner that will allow for audit.

14.9 Headings

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

14.10 Waiver

14.10.1 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.

14.10.2 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.

14.11 Conflict of Interest Provisions Regarding Federal Officials

14.11.1 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, unless the benefit would otherwise be available to that individual as a Member or Recipient.

14.11.2 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 the Agreement unless that individual is in compliance with the applicable post-employment provisions.

14.12 Public Disclosure

14.12.1 Without limiting any right, obligation or capacity of Canada to disclose information, Canada may publicly disclose the name and address of the Council, the amount of funding provided under this Agreement, the nature of the programs, services and activities for which funding is provided under this Agreement, and any information relating to federal funding that the Reporting Guide states that Canada may publicly disclose.

14.13 Intellectual Property

14.13.1 The Council shall fulfill any requirements relating to intellectual property set out in the Schedules.

14.14 Legislation and Government Publications

14.14.1 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.

14.14.2 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 Council of any such amendment.

14.15 Provision of Information

14.15.1 Upon the Council's request to DIAND or to any other Federal Department, that Federal Department shall provide to the Council:

  1. any fiscal management policies of that Federal Department relevant to the funding provided for in this Agreement upon such policy becoming available to the public; and
  2. any publicly available information or guidelines produced by that Federal Department relevant to the programs, services and activities for which funding is provided under this Agreement.

15.0 Notices

15.1 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 15.4 and may be given or made by either party by their duly authorized representatives.

15.2 The notice referred to in section 15.1 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.

15.3 Either party may change the address information referred to in section 15.4 by providing notice to the other party of such change.

15.4 Notices will be sent to:

  1. DIAND at:
    [Notices Region Mailing Info] Attention:
    Director, Funding Services
  2. the Council at:
    [Notices Recipient Primary Contact Info]
    Attention: Chief, President or Chairperson
  3. Federal Departments at:
    [Notice Fed Dept Mailing Info]
    Attention:

16.0 Non-Derogation

Note: If the Council wishes to include a reference to Non-Derogation, the Council may choose to include any or all of the following clauses 16.1 (a) to (d) which have been authorized for use.

16.1 Nothing in this Agreement will:

  1. be construed to diminish, abrogate or derogate from, or prejudice any treaty or aboriginal rights of the [First Nation Name OR Tribal Council Member First Nation Names];
  2. be construed as modifying Treaty No. [Treaty No] or creating a new treaty within the meaning of the Constitution Act, 1982;
  3. prejudice whatsoever any applications, negotiations or settlements with respect to land claims or land entitlement between Canada and the [First Nation Name OR Tribal Council Member First Nation Names];
  4. prejudice whatsoever the implementation of any inherent right to self-government nor prejudice in any way negotiations with respect to self-government involving the [First Nation Name OR Tribal Council Member First Nation Names].

This Agreement has been executed by Canada and the Council 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)

in the presence of:
_____________________________
(Insert name and title)

Date: ______________________

(Ensure that relevant Federal Departments are included in the signature block)

as represented by the Minister of [Federal Dept Flowing Funds]:

by:
_________________________________
(Insert name and title)

in the presence of:
_____________________________
(Insert name and title)

Date: ______________________

SIGNED ON BEHALF OF
[/:Name of Recipient]


by: ____________________________
(Insert name and title)

If Tribal Council, insert after each signature: I have the authority to bind the corporation

by: ________________________
(Insert name and title)

by: ________________________
(Insert name and title)

by: ________________________
(Insert name and title)

by: ________________________
(Insert name and title)

by: ________________________
(Insert name and title)

by: ________________________
(Insert name and title)

by: ________________________
(Insert name and title)

by: ________________________
(Insert name and title)

by: ________________________
(Insert name and title)

by: ________________________
(Insert name and title)

by: ________________________
(Insert name and title)

by: ________________________
(Insert name and title)


in the presence of:

_________________________________
(Insert name and title)

Date: ______________________

Schedule "DIAND-1A"

DIAND BLOCK CONTRIBUTION FUNDING

1.0 Definitions and Interpretation

1.1 In this Schedule and in Schedule "DIAND-1B":

"Block Contribution Funding" or "BLOCK" means a Contribution for a group of programs, services and/or activities for which funding is provided under this Schedule and for which any unexpended funding may be used by the Council if conditions set out in this Schedule are met.

"Fiscal Plan" means a multi-year plan approved by the Council at a duly convened meeting which consists of the budget required under section 6.2 (Budget) of the main body of this Agreement for the Initial Fiscal Year and projected expenditures for each Subsequent Fiscal Year, and any amendments to the plan that are approved by the Council.

"Initial Fiscal Year" means a one year period beginning on April 1 of the Fiscal Year in which the term of this Agreement begins and ending the following March 31.

"Subsequent Fiscal Year" means any Fiscal Year after the Initial Fiscal Year.

"Unexpended Block Funding" means the amount by which all amounts paid to the Council under this Schedule for the aggregate of programs, services and activities that are identified as BLOCK in Schedule "FED-1" exceeds the amount that the Council expends on the aggregate of those programs, services or activities during the term of this Agreement.

1.2 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.

2.0 Amount of Block Funding

2.1 Initial Fiscal Year

2.1.1 Subject to the terms and conditions of this Agreement, DIAND shall transfer in the Initial Fiscal Year the amount set out in Schedule "FED-1" for Block Contribution Funding for the Initial Fiscal Year.

2.2 Subsequent Fiscal Year

2.2.1 Subject to the terms and conditions of this Agreement, in each Subsequent Fiscal Year, DIAND shall transfer the amount calculated according to the formula set out in Schedule "DIAND-1B".

2.3 Procedure for Adjustment or Termination of Block Funding for a Program, Service or Activity

2.3.1 To terminate or adjust the amount of DIAND Block Contribution Funding for a program, service or activity for which funding is provided under this Schedule following a modification or cancellation of a DIAND funding authority under section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities) in the main body of this Agreement, DIAND must notify the Council no later than one (1) year in advance of the first day of the Fiscal Year in which the adjustment or termination of funding will take effect. This notice must:

  1. specify the program, service or activity for which funding is provided under this Schedule in respect of which that funding will be adjusted or terminated;
  2. identify the Fiscal Year during and after which that funding will be adjusted or terminated; and
  3. include a revised Schedule "FED-1" and, if necessary, a revised Schedule "DIAND-1B" reflecting the adjustment or termination of funding for that program, service or activity that will replace the previous Schedule "FED-1" and, if it is revised, the previous Schedule "DIAND-1B".

3.0 Accountability

3.1 Fiscal Plan

3.1.1 The Council shall have a Fiscal Plan in place for the term of this Agreement.

3.2 Inconsistency between Fiscal Plan and Agreement

3.2.1 In the event of an inconsistency or conflict between the Fiscal Plan and this Agreement, this Agreement will prevail to the extent of the inconsistency or conflict.

Note: The following section 3.3 is to be included when the Council is a First Nation.

3.3 Availability of Fiscal Plan

3.3.1 The Council shall, within sixty (60) days of a request from any Member, make the Fiscal Plan available to that Member, including providing a copy if requested at no charge beyond the reasonable cost of reproduction.

Note: The following section 3.3 is to be included when the Council is a Tribal Council.

3.3 Availability of Fiscal Plan

3.3.1 The Council shall, within sixty (60) days of a request from a Member First Nation or a Member, make the Fiscal Plan available to that Member First Nation or Member, as the case may be, including providing a copy if requested at no charge beyond the reasonable cost of reproduction.

4.0 Expenditures

4.1 Eligible Expenditures

4.1.1 The Council shall expend the funding provided under this Schedule only for the purpose of delivering the programs, services and activities identified as BLOCK in Schedule "FED-1" in accordance with the program, service and activity delivery standards set out in this Schedule in every Fiscal Year for which Block Contribution Funding is provided under this Agreement.

4.2 Expenditures Against Aggregate Block Funding

4.2.1 Expenditures for programs, services and activities identified as BLOCK in Schedule "FED-1" in a Fiscal Year will be against the aggregate of all annual amounts allocated in that Fiscal Year for those programs, services and activities. Any expenditure on those programs, services or activities that exceeds the aggregate of those annual amounts are the responsibility of the Council.

4.3 Reimbursement of Ineligible Expenditures

4.3.1 The Council shall reimburse to DIAND any expenditure it makes in a Fiscal Year against the aggregate of annual amounts for programs, services and activities identified as BLOCK in Schedule "FED-1" where that expenditure is not in accordance with the delivery standards of at least one of those programs, services and activities.

5.0 Unexpended Block Funding

5.1 Reimbursement of Unexpended Block Funding

5.1.1 Subject to section 5.2 (Retention of Unexpended Block Funding), the Council shall reimburse to DIAND any Unexpended Block Funding.

5.2 Retention of Unexpended Block Funding

5.2.1 Without limiting section 10.2 (Action Canada May Take) or the Council's obligation to reimburse unexpended funding under section 13.2 (When Parties Terminate), the Council will be released from the obligation to reimburse Unexpended Block Funding under section 5.1 (Reimbursement of Unexpended Block Funding) if all of the following conditions have been met:

  1. the Council has delivered all of the programs, services or activities identified as BLOCK in Schedule ''FED-1'' in accordance with the delivery standards set out in this Schedule in every Fiscal Year for which Block Contribution Funding was provided under this Agreement;
  2. the Council expends the Unexpended Block Funding following the expiry or termination of this Agreement:
    1. on a program, service or activity that is similar to and has the same purpose as any one or more of the programs, services and activities for which the Block Funding was provided, or
    2. in accordance with a plan for expenditure of the Unexpended Block Funding that is submitted by the Council to DIAND within one hundred and twenty (120) days after the end of the Fiscal Year and that DIAND accepts by way of notice to the Council; and
  3. the Council reports on its expenditure of Unexpended Block Funding in accordance with the Reporting Guide

5.2.2 Any Unexpended Block Funding that the Council does not expend in accordance with this section must be reimbursed to DIAND under section 5.1 (Reimbursement of Unexpended Block Funding).

5.2.3 Where the Council defaults in any reporting obligation under the Reporting Guide on the expenditure of any Unexpended Block Funding under this section, the Council will be deemed to have contravened this section and shall reimburse that amount to DIAND under section 5.1 (Reimbursement of Unexpended Block Funding).

5.2.4 Without limiting other requirements of this Agreement to keep accounts and records, the Council shall keep accounts and financial and non-financial records on Unexpended Block 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.

5.2.5 The following sections of the main body of this Agreement apply in respect of Unexpended Block Funding retained by the Council under this section:

  • Article 5.0 (Amounts Owing to Canada)
  • Article 6.0 (Council's Accountability to Members)
  • Article 6.0 (Council's Accountability to Member First Nations and Members)
  • Article 7.0 (Delegation of Obligations)
  • Article 8.0 (Access by Canada to Records)
  • Article 9.0 (Default)
  • Article 10.0 (Remedies on Default)
  • Article 11.0 (Indemnification)
  • Article 12.0 (Dispute Resolution)
  • Section 14.5 (Effect on Relationship of Parties)
  • Section 14.8 (Audit and Evaluation)
  • Section 14.10 (Waiver)
  • Section 14.11 (Conflict of Interest Provisions Regarding Federal Officials)
  • Article 15.0 (Notices)

6.0 Recognition of DIAND's Funding

6.1 Where either party makes a proposal to the other party to participate in a joint public announcement or to jointly develop and disseminate public communications materials that would recognize DIAND's funding for any program, service or activity for which funding is provided under this Schedule, the other party shall promptly consider the proposal and respond to the proposing party as soon as reasonably possible. Where the parties reach written agreement on such a proposal, the parties shall carry out their respective written commitments accordingly.

7.0 Survival

7.1 Section 3.3 (Availability of Fiscal Plan), section 4.3 (Reimbursement of Ineligible Expenditures) and article 5.0 (Unexpended Block Funding) survive the expiry or termination of this Agreement.

Note: The following national program delivery standards for the purpose of the funding provided pursuant to this agreement are to be numbered.

8.0 Program, Service and Activity Delivery Standards

Program, Service or Activity Delivery Standards
Indian Government Support [COMMENT]For Tribal Councils[/COMMENT]

The Council accepts responsibility for the delivery of services and capacity development in accordance with the requirements of Member First Nations and the Tribal Council Funding Program Policy issued by DIAND as amended from time to time.

Pension plans established by the Council for the benefit of elected officials and employees of the Council and employees of their Member First Nations, for which funding was applied for and provided under Indian Government Support, must be administered in accordance with the Band Employee Benefits Program Policy issued by DIAND as amended from time to time.

[COMMENT]For First Nations[/COMMENT]

The Council will comply with the provisions of the Canada Labour Code.

Pension plans established by the Council for the benefit of elected officials and employees of the Council, for which funding was applied for and provided under Indian Government Support, must be administered in accordance with the Band Employee Benefits Program Policy issued by DIAND as amended from time to time.

Post-Secondary Education Program The Council shall administer the Post-Secondary Student Support Program and the University and College Entrance Preparation Program in accordance with the Terms and Conditions for the Grants and Contributions to Support First Nations and Inuit Post-Secondary Educational Advancement, and the Post-Secondary Student Support Program and University and College Entrance Preparation Program National Program Guidelines issued by DIAND as amended from time to time.
Elementary and Secondary Education Program – Instructional Services – Band-Operated Schools

The Council shall:

  1. administer the Elementary and Secondary 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 Elementary and Secondary Education Program National Program Guidelines issued by DIAND as amended from time to time;

    NOTE: the Regional Office is to include the following clause in the funding agreement the year the school evaluation is to be conducted:
  2. when requested by DIAND, review the school program to evaluate the quality of education and ascertain whether the objectives of the community and school are being met.
Elementary and Secondary Education Program – Instructional Services – Provincial Schools The Council shall administer the Elementary and Secondary 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 Elementary and Secondary Education Program National Program Guidelines issued by DIAND as amended from time to time.
Income Assistance The Council shall:
  1. administer the Income Assistance Program in accordance with DIAND's Social Programs National Manual and any other current approved program documentation issued by DIAND as amended from time to time.

    [COMMENT]Use the following text when funding the Recipient to administer pre-employment supports based on an approved proposal:[/COMMENT]
  2. (b) administer pre-employment supports in accordance with the proposal approved on < Day, Month, Year >.
Assisted Living The Council 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 as amended from time to time.
Registration and Membership The Indian Registry Administrator appointed by the Council will provide information required by DIAND for the purpose of maintaining the Indian Register and, where the band does not control its own membership rules under section 10 of the Indian Act, for the maintenance of the "band list" within the meaning of section 8 of the Indian Act, in accordance with the Indian Registry Reporting Manual and policies issued by DIAND as amended from time to time.
Lands and Economic Development Services Program – Core Allocations: Economic Development The Council shall administer the Lands and Economic Development Services Program in accordance with the Lands and Economic Development Services Program Guidelines issued by DIAND as amended from time to time, and its final DIAND-approved Economic Development Plan.
Lands and Economic Development Services Program – Core Allocations: Reserve Land and Environmental Management Note: the Regional Office to select the appropriate level of responsibility:

Training and Developmental
Operational
Delegated Authority

  1. The Council shall carry out the activities in accordance with the Reserve Land and Environmental Management Manual and the Land Management Manual issued by DIAND as amended from time to time and in accordance with the roles and responsibilities found in the statement of work dated < Month, Day, Year >.

    Note: the Regional Office is to include the following clause in the funding agreement for recipients who have delegated authority under sections 53 and/or 60 of the Indian Act:
  2. The Council shall also carry out their delegated authority in accordance with the terms and conditions outlined in the Order in Council/Ministerial letter dated < Month, Day, Year >.
Community Infrastructure Program The Council shall at all times provide for the preservation of public health and safety and the protection of the environment.

Ownership and Use of Capital Facilities and Assets:

The Council acknowledges that it has the beneficial legal interest in any capital facility or asset acquired with funding provided by DIAND and acknowledges that DIAND does not exercise any ownership rights over such facilities or assets.

The Council acknowledges that it shall enjoy sole possession and control over any capital facility or asset acquired with funding provided by DIAND and shall have the sole legal responsibility for any matters arising from the construction, possession, control, operation or maintenance of the facility or asset.

The Council shall use each facility or asset for the purpose described in this Agreement, unless otherwise agreed to in writing by DIAND.

The Council shall comply with the Protocol for INAC-Funded Infrastructure issued by DIAND as amended from time to time.
 

SCHEDULE "DIAND-1B"

BLOCK FORMULA ADJUSTMENT

Note: Regional formula to be included

SCHEDULE "DIAND-2"

SET, FIXED, FLEXIBLE AND GRANT FUNDING

1.0 Definitions and Interpretation

1.1 In this Schedule:

"Cost-sharing" means a requirement set out in Schedule "DIAND-3" to supplement DIAND funding for a program, service or activity with funding from other sources.

"Fixed Contribution Funding" or "FIXED" means a Contribution for a program, service or activity for which any unexpended balances may be used by the Council 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 Council, 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.

"Grant Funding" or "GRANT" means funding for a program, service or activity that is subject to DIAND's pre-established eligibility requirements.

"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 Council expends on that program, service or activity in that Fiscal Year.

1.2 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.

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 Council funding up to the amounts set out in Schedule "FED-1" for SET, FIXED, FLEX or GRANT funding for that Fiscal Year.

3.0 Expenditures and Unexpended Funding

3.1 Eligible Expenditures

3.1.1 The Council shall expend the funding provided under section 2.1 only for the purpose of delivering each program, service and activity identified as SET, FIXED or FLEX in Schedule "FED-1" in the Fiscal Years for which funding is allocated for that program, service or activity in that Schedule and in accordance with the delivery requirements for that program, service or activity set out in Schedule "DIAND-3".

3.1.2 The Council will be responsible for any expenditure on any program, service or activity identified as FIXED or FLEX in Schedule "FED-1" that exceeds the amount of funding allocated for that program, service or activity in that Schedule.

3.2 Reimbursement of Ineligible Expenditures

3.2.1 For each program, service or activity identified as SET, FIXED and FLEX in Schedule "FED-1", the Council shall reimburse to DIAND 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.

3.2.2 If Cost-sharing applies to the program, service or activity, the Council shall instead reimburse to DIAND an amount, proportional to DIAND's funding share, of any expenditure against the annual amounts from all required sources allocated for that program, service or activity that is not in accordance with the delivery requirements.

3.3 Reimbursement of Unexpended SET Funding

3.3.1 For each program, service or activity identified as SET in Schedule "FED-1", the Council shall reimburse to DIAND the amount by which funds paid to the Council under this Agreement for that program, service or activity for a Fiscal Year exceeds the amount that the Council expends on that program, service or activity in the same Fiscal Year.

3.3.2 If Cost-sharing applies to the program, service or activity, the Council shall instead reimburse to DIAND an amount, proportional to DIAND's funding share, of the difference between the annual amounts from all required sources allocated for that program, service or activity and the amount expended against that total.

3.3.3 Any claims for SET funding eligible for reimbursement under the terms and conditions of this Agreement shall be reimbursed by DIAND to the Council.

3.4 Reimbursement of Unexpended FLEX Funding

3.4.1 For each program, service or activity identified as FLEX in Schedule "FED-1", the Council shall reimburse to DIAND the amount by which funds paid to the Council under this Agreement for that program, service or activity exceeds the amount that the Council 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.

3.4.2 If Cost-sharing applies to the program, service or activity, the Council shall instead reimburse to DIAND an amount, proportional to DIAND's funding share, of the difference between the total annual amounts from all sources allocated for that program, service or activity and the amount expended against that total.

3.5 Reimbursement of Unexpended FIXED Funding

3.5.1 Subject to section 3.7 (Retention of Unexpended FIXED Funding), for each program, service or activity identified as FIXED in Schedule "FED-1", the Council shall reimburse to DIAND the amount by which funds paid to the Council under this Agreement for that program, service or activity for a Fiscal Year exceeds the amount that the Council expends on that program, service or activity in the same Fiscal Year.

3.5.2 If Cost-sharing applies to the program, service or activity, the Council shall instead reimburse to DIAND an amount, proportional to DIAND's funding share, of the difference between the total annual amount from all sources allocated for that program, service or activity and the amount expended against that total.

3.6 Reimbursement of GRANT Funding

3.6.1 If at any time the Council does not meet DIAND's eligibility requirements for Grant Funding for any program, service or activity identified as GRANT in Schedule "FED-1", DIAND may require the Council to reimburse to DIAND any amount up to the full amount paid to the Council under this Schedule for that program, service or activity.

3.7 Retention of Unexpended FIXED Funding

3.7.1 Without limiting section 10.2 (Action Canada May Take) or the Council's obligation to reimburse unexpended funding under section 13.2 (When Parties Terminate), the Council will be released from the obligation to reimburse Unexpended Fixed Funding in respect of a program, service or activity, as required under section 3.5 (Reimbursement of Unexpended FIXED Funding), if all of the following conditions have been met:

  1. the Council 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;
  2. the Council expends the Unexpended Fixed Funding in the one-year period immediately following the Fiscal Year for which the funding was provided:
    1. 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
    2. in accordance with a plan for expenditure of the Unexpended Fixed Funding that is submitted by the Council 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 Council; and
  3. the Council reports on its expenditure of the Unexpended Fixed Funding in accordance with the Reporting Guide.

3.7.2 Any Unexpended Fixed Funding that the Council does not expend in accordance with this section must be reimbursed to DIAND under section 3.5 (Reimbursement of Unexpended FIXED Funding).

3.7.3 Where the Council defaults in any reporting obligation under the Reporting Guide on the expenditure of any Unexpended Fixed Funding under this section, the Council will be deemed to have contravened this section and shall reimburse that amount to DIAND under section 3.5 (Reimbursement of Unexpended FIXED Funding).

3.7.4 Without limiting any other requirement of this Agreement to keep accounts and records, the Council 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.

3.7.5 The following sections of the main body of this Agreement apply in respect of Unexpended Fixed Funding retained by the Council under this section:

  • Article 5.0 (Amounts Owing to Canada)
  • Article 6.0 (Council's Accountability to Members)
  • Article 6.0 (Council's Accountability to Member First Nations and Members)
  • Article 7.0 (Delegation of Obligations)
  • Article 8.0 (Access by Canada to Records)
  • Article 9.0 (Default)
  • Article 10.0 (Remedies on Default)
  • Article 11.0 (Indemnification)
  • Article 12.0 (Dispute Resolution)
  • Section 14.5 (Effect on Relationship of Parties)
  • Section 14.8 (Audit and Evaluation)
  • Section 14.10 (Waiver)
  • Section 14.11 (Conflict of Interest Provisions Regarding Federal Officials)
  • Article 15.0 (Notices)

4.0 Recognition of DIAND's Funding

4.1 Where either party makes a proposal to the other party to participate in a joint public announcement or to jointly develop and disseminate public communications materials that would recognize DIAND's funding for any program, service or activity for which funding is provided under this Schedule, the other party shall promptly consider the proposal and respond to the proposing party as soon as reasonably possible. Where the parties reach written agreement on such a proposal, the parties shall carry out their respective written commitments accordingly.

5.0 Survival

5.1 All sections in article 3.0 (Expenditures and Unexpended Funding) except section 3.1 (Eligible Expenditures) survive the expiry or termination of this Agreement.

SCHEDULE "DIAND-3"

Program, Service and Activity Delivery Requirements, Cost-Sharing and Adjustment Factors

Program/Service/Activity Delivery Requirements COST-SHARING

[COMMENT]NOTE: WHERE THE TERMS AND CONDITIONS OF DIAND'S FUNDING PROGRAM REQUIRES THE COUNCIL TO SUPPLEMENT DIAND FUNDING WITH FUNDING FROM OTHER SOURCES, EACH FUNDING SOURCE AND THE REQUIRED PERCENTAGE SHARE FROM EACH SOURCE MUST BE SET OUT HERE. HERE IS THE RECOMMENDED FORMAT:

The Council shall supplement DIAND funding with funding from other sources as follows:

DIAND funding: xx%

[name other source] funding: xx%

[name other source, if any] funding: xx%[/COMMENT]
Adjustment Factor
NOTE: The Regions' specific practices, as at agreement entry, are to be described here in accordance with HQ Program Instructions (Program T&C)
Band Employee Benefits Pension plans established by the Council for the benefit of elected officials and employees of the Council must be administered in accordance with the Band Employee Benefits Program Policy issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
Band Support Funding The Council shall maintain a soundly administered and managed organization and provide efficient delivery of the programs and services as set out in this Agreement. Funds provided under this Agreement shall be used to assist band councils to meet the costs of local government and administration of departmentally funded services in accordance with the Band Support Funding Program Policy issued by DIAND.   < insert an Adjustment Factor when applicable >
Professional & Institutional Development Program The Council shall administer approved Professional and Institutional Development Program projects in accordance with the Professional and Institutional Development Program Guidelines issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
Tribal Council Funding The Council accepts responsibility for the delivery of services and capacity development in accordance with the requirements of Member First Nations and the Tribal Council Funding Program Policy issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
Consultation and Policy Development The Council shall carry out the activities in accordance with the approved work plan and agreed upon terms and conditions, dated < Month, Day, Year >.   < insert an Adjustment Factor when applicable >
Registration and Membership The Indian Registry Administrator appointed by the Council shall provide information required by DIAND for the purpose of maintaining the Indian Register and, where the band does not control its own membership rules under section 10 of the Indian Act for the maintenance of the band list within the meaning of section 8 of the Indian Act in accordance with the Indian Registry Reporting Manual and policies issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
Claims Implementation - Contributions The Council shall carry out activities in accordance with the Land Claim Agreement and DIAND approved work plans.   < insert an Adjustment Factor when applicable >
Federal Initiative on Consultation The Council shall carry out activities in accordance with the agreed upon terms and conditions in the approved proposal, related work description and work plan dated < Month, Day, Year >.   < insert an Adjustment Factor when applicable >
Elementary and Secondary Education - Instructional Services - Band Operated Schools The Council shall:
  1. administer the Elementary and Secondary 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 Elementary and Secondary Education Program National Program Guidelines issued by DIAND as amended from time to time;

    NOTE: the Regional Office is to include the following clause in the funding agreement the year the school evaluation is to be conducted:
  2. when requested by DIAND, review the school program to evaluate the quality of education and ascertain whether the objectives of the community and school are being met.
  < insert an Adjustment Factor when applicable >
Elementary and Secondary Education Program – Instructional Services – Band- Operated Schools: Enhanced Teachers Salaries The Council shall be able to demonstrate that the funds allocated for the Enhanced Teachers Salaries are used to increase teachers' salaries in the band-operated schools   < insert an Adjustment Factor when applicable >
Elementary and Secondary Education Program - Instructional Services - Band Operated Schools: Second Level Education Services The Council shall deliver the Second Level Education Services to band operated schools in accordance with the Terms and Conditions for the Grants and Contributions to Support First Nations Elementary and Secondary Educational Advancement and the Elementary and Secondary Education Program National Program Guidelines issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
Elementary and Secondary Education Program – Instructional Services – Federal Schools The Council shall:
  1. administer the Elementary and Secondary 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 Elementary and Secondary Education Program National Program Guidelines issued by DIAND as amended from time to time;

    NOTE: the Regional Office is to include the following clause in the funding agreement the year the school evaluation is to be conducted:
  2. when requested by DIAND, review the school program to evaluate the quality of education and ascertain whether the objectives of the community and school are being met.
  < insert an Adjustment Factor when applicable >
Elementary and Secondary Education Program – Instructional Services – Provincial Schools The Council shall administer the Elementary and Secondary 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 Elementary and Secondary Education Program National Program Guidelines issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
Elementary and Secondary Education Program - Student Support Services The Council shall: The Council shall administer the Elementary and Secondary 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 Elementary and Secondary Education Program National Program Guidelines issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
High-Cost Special Education Program The Council shall: The Council shall administer the High-Cost Special Education Program in accordance with the funding request approved by DIAND, 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 >
New Paths for Education The Council shall administer the New Paths for Education program in accordance with the proposal approved by DIAND, the Terms and Conditions for the Grants and Contributions to Support First Nations Elementary and Secondary Educational Advancement and the New Paths for Education National Program Guidelines issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
First Nation Student Success Program The Council shall administer the First Nation Student Success Program in accordance with the work plan approved by DIAND, the Terms and Conditions for the Grants and Contributions to Support First Nations Elementary and Secondary Educational Advancement, and the First Nation Student Success Program National Program Guidelines issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
Education Partnerships Program The Council shall administer the Education Partnerships Program in accordance with the proposal approved by DIAND, the Terms and Conditions for the Grants and Contributions to Support First Nations Elementary and Secondary Educational Advancement, and the Education Partnerships Program National Program Guidelines issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
First Nations and Inuit Youth Employment Strategy The Council shall administer the First Nations and Inuit Youth Employment Strategy in accordance with the proposal(s) approved by DIAND, the Terms and Conditions for the Grants and Contributions to Increase First Nations and Inuit Youth Participation in Education and Labour Market Opportunities, and the Summer Work Experience Program and the Skills Link Program National Program Guidelines issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
Post-Secondary Education Program The Council shall administer the Post-Secondary Student Support Program and the University and College Entrance Preparation Program in accordance with the Terms and Conditions for the Grants and Contributions to Support First Nations and Inuit Post-Secondary Educational Advancement, and the Post-Secondary Student Support Program and University and College Entrance Preparation Program National Program Guidelines issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
Post-Secondary Partnerships Program The Council shall administer the Post-Secondary Partnerships Program in accordance with the proposal approved by DIAND, the Terms and Conditions for the Grants and Contributions to Support First Nations and Inuit Post-Secondary Educational Advancement, and the Post-Secondary Partnerships Program National Program Guidelines issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
First Nation and Inuit Cultural Education Centres Program The Council shall administer the First Nation and Inuit Cultural Education Centres Program in accordance with the proposal approved by DIAND, the Terms and Conditions for the Grants and Contributions to Increase First Nations and Inuit Youth Participation in Education and Labour Market Opportunities, and the First Nation and Inuit Cultural Education Centres Program National Program Guidelines issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
Income Assistance The Council shall:
  1. administer the Income Assistance Program in accordance with DIAND's Social Programs National Manual and any other current approved program documentation issued by DIAND as amended from time to time.

    [COMMENT] Use the following text when funding the Recipient to administer pre-employment supports based on an approved proposal:[/COMMENT]
  2. administer pre-employment supports in accordance with the proposal <Name of Project> approved on < Day, Month, Year >.
  < insert an Adjustment Factor when applicable >
First Nation Child and Family Services The Council shall administer the First Nation Child and Family Services Program in accordance with Provincial/Territorial legislation, as well as DIAND's Social Programs - National Manual and any other current approved program documentation issued by DIAND as amended from time to time.   < insert an Adjustment Factor when applicable >
Assisted Living The Council 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 as amended from time to time.   < insert an Adjustment Factor when applicable >
Family Violence Prevention The Council 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 as amended from time to time.   < insert an Adjustment Factor when applicable >
Independent Assessment Process – Group The Council shall carry out activities in accordance with the attached Project Description for the Group Independent Assessment Process.   < insert an Adjustment Factor when applicable >
Estates Management The Council shall carry out activities in accordance with the approved proposal dated < Month, Day, Year > and the terms and conditions of the Contributions to Indian bands for land and estates management authority.   < insert an Adjustment Factor when applicable >
Lands and Economic Development Services Program – Core Allocations: Economic Development The Council shall administer the Lands and Economic Development Services Program in accordance with the Lands and Economic Development Services Program Guidelines issued by DIAND as amended from time to time, and its final DIAND-approved Economic Development plan.   < insert an Adjustment Factor when applicable >
Lands and Economic Development Services Program – Core Allocations: Reserve Land and Environmental Management Note: the Regional Office to select the appropriate level of responsibility:

Training and Developmental
Operational
Delegated Authority

The Council shall carry out the activities in accordance with the Reserve Land and Environmental Management Manual and the Land Management Manual issued by DIAND as amended from time to time and in accordance with the roles and responsibilities found in the statement of work dated < Month, Day, Year >.

Note: the Regional Office is to include the following clause in the funding agreement for recipients who have delegated authority under sections 53 and/or 60 of the Indian Act:

The Council shall also carry out their delegated authority in accordance with the terms and conditions outlined in the Order in Council/Ministerial letter dated < Month, Day, Year >.

  < insert an Adjustment Factor when applicable >
Lands and Economic Development Services Program: Targeted Funding The Council shall carry out activities in accordance with the Lands and Economic Development Services Program Guidelines issued by DIAND as amended from time to time, and in accordance with the terms and conditions found in the statement of work dated < Month, Day, Year >.   < insert an Adjustment Factor when applicable >
Lands and Economic Development Services Program: First Nations Land Management
  1. Developmental:
    The Council shall implement the Framework Agreement on First Nation Land Management through the Community Approval Process Plan, as amended from time to time, and agreed to by the Parties and the First Nations Land Management Resource Centre Inc.
  2. Operational:
    The Council shall manage their land, resources and environment in accordance with the First Nation's own Land Code, the Framework Agreement on First Nation Land Management and the First Nation Land Management Act and shall ensure that all land transactions are registered in the First Nations Land Registry in accordance with the First Nations Land Management Registry Regulations.
  3. Environmental Site Assessment:
    The Council shall carry out the approved activities as described in the project description.
  < insert an Adjustment Factor when applicable >
First Nation Oil and Gas Money Management Act (FNOGMMA) The Council shall carry out activities in accordance with the approved First Nation Oil and Gas Money Management Act (FNOGMMA) Implementation Plan dated: < Month, Day, Year > including the terms and conditions outlined in the plan.   < insert an Adjustment Factor when applicable >
Investment in Economic Opportunities: Community Opportunity Readiness Program The Council shall carry out activities in accordance with Community Opportunity Readiness Program Guidelines issued by DIAND as amended from time to time and in accordance with the terms and conditions found in the Statement of Work dated < Month, Day, Year >.   < insert an Adjustment Factor when applicable >
Strategic Partnerships Initiative Program The Council shall carry out activities in accordance with the Strategic Partnerships Initiative Program Guidelines issued by DIAND and DIAND approved projects as outlined in the Statement of Work dated < Month, Day, Year >. (insert the date the Council's statement of work was approved by DIAND) including the project terms and conditions. The additional terms and conditions described in the Statement of Work dated < Month, Day, Year >. (insert the date the Council's statement of work was approved by DIAND) are applicable only to the delivery of this Program.   < insert an Adjustment Factor when applicable >
Community Infrastructure Program The Council shall at all times provide for the preservation of public health and safety and the protection of the environment.

Ownership and Use of Capital Facilities and Assets:

The Council acknowledges that it has the beneficial legal interest in any capital facility or asset acquired with funding provided by DIAND and acknowledges that DIAND does not exercise any ownership rights over such facilities or assets.

The Council acknowledges that it shall enjoy sole possession and control over any capital facility or asset acquired with funding provided by DIAND and shall have the sole legal responsibility for any matters arising from the construction, possession, control, operation or maintenance of the facility or asset.

The Council is required, as a condition of funding, to agree to use each facility or asset for the purpose described in this Agreement, unless otherwise agreed by DIAND.

Conditions of Funding:

The Council shall comply with the Protocol for INAC-Funded Infrastructure issued by DIAND as amended from time to time.
  < insert an Adjustment Factor when applicable >
Community Infrastructure Program

Major Capital Infrastructure Projects
The Council shall:
  1. carry out and complete the Project in accordance with the Approved Project Approval Request entitled < insert name of the project >;
  2. provide evidence to the Minister, prior to the commencement of the Project, that the Project Manager has the required experience and qualifications given the nature and scope of the Project and has adequate liability insurance;
  3. not alter the nature or scope of the Project as set out in the Approved Project Request, without the prior consent of the Minister;
  4. provide evidence to the Minister that all inspections, and design certifications are carried out by professionals who are licensed in the Province or Territory in which the Project is taking place;
  5. obtain the approval of a qualified person, such as an engineer, during the design/construction process for conformance to applicable fire codes prior to the occupancy and usage of public buildings such as schools, community buildings, etc.; and
  6. submit and obtain, 30 days prior to the completion of the Project the maintenance and financial management plans that shall be adhered to once the Project is completed.
  < insert an Adjustment Factor when applicable >
Renewable Resources – General

Resource Policy – General

Northern Boards
The Council 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 or project >.   < insert an Adjustment Factor when applicable >
CIMS-CEAM The Council shall carry out activities in accordance with the CIMS/CEAM Program Guidelines issued by DIAND and DIAND approved plans including project terms and conditions.   < insert an Adjustment Factor when applicable >
Interim Resources Management Assistance Program The Council shall carry out activities in accordance with the Interim Resources Management Assistance (IRMA) Program Guidelines and DIAND approved plans including project terms and conditions.   < insert an Adjustment Factor when applicable >
Northern Contaminants Program The Council 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 >
Northern Sustainable Development – Conservation & Protection The Council 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 or project>.   < insert an Adjustment Factor when applicable >
Emergency Management Assistance – Preparedness; Mitigation; Response; Recovery The Council shall provide Emergency Management Assistance activities in accordance with the terms and conditions found in the DIAND approved statement of work for < insert name of activity being funded >, and dated < Month, Day, Year >. (insert the date the Council's statement of work was approved by DIAND).   < insert an Adjustment Factor when applicable >
Emergency Management Assistance – Search and Recovery The Council shall provide Emergency Management Assistance – Search and Recovery activities in accordance with the DIAND Search and Recovery Guidelines as amended from time to time and the DIAND approved proposal dated < Month, Day, Year > (insert the date the Council's proposal was approved by DIAND).   < insert an Adjustment Factor when applicable >
Contaminated Sites on Reserve 1.0 The Council shall undertake the activities set out in the Detailed Work Plan dated < Month, Day, Year >.

2.0 The implementation of the activities shall 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 >
Contaminated Sites FCSAP, Non-FCSAP Consultation and/or Engagement The Council shall conduct 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 or project>.   < 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 Council 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 >
Inherent Right – NG70
(Self-Government Negotiation)
The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
Governance Capacity Development – NG71 The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
Negotiation Preparedness – NG85 The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
Non-Treaty Agreements - Incremental Agreements – NG87 The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
Enrollment and Ratification Activities – NG8A The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
Inherent Right – Consultation – NG78 The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
Assessment & Historical Research – NG77 The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
Comprehensive Claims Submission – NG7W The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
Specific and Special Claims Submission – NGBL The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
Specific Claims Tribunal Activities – NGBM The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
Specific and Special Claims Negotiations (Lubicon only) – NGBA The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
Office of the Treaty Commissioner – NGL0 The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
Treaty Commissions & Discussions – NGL1 The Council shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget.   < insert an Adjustment Factor when applicable >
 

SCHEDULE "DIAND-4"

SCHEDULE OF REPORTING REQUIREMENTS AND DUE DATES

Note: This Schedule is automatically generated by the FNITP System.

SCHEDULE "DIAND-5"

MANAGEMENT DEVELOPMENT PLAN

Note: Here will be attached the Council's Management Development Plan, if any.

SCHEDULE "DIAND-6"

SCHEDULE "DIAND-6"MANAGEMENT ACTION PLAN (If applicable)

Note: Here will be attached the Council's Management Action Plan, if applicable.

SCHEDULE "[OFD abbreviation]-1"

[OTHER FEDERAL DEPARTMENTS NAME] TERMS AND CONDITIONS

Note: Here will be attached the specific Federal Department Terms and Conditions (where applicable).

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