Streamlined Funding Agreement Model for First Nations 2017-2018

Between

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

"DIAND"

And

[NAME OF FIRST NATION], as represented by its Chief and Councillors

"First Nation"

WHEREAS Her Majesty the Queen in Right of Canada entered into treaties with certain First Nations across Canada.

WHEREAS DIAND and the First Nation acknowledge the historical and contemporary importance of the treaties to the relationship between Her Majesty the Queen in Right of Canada and the First Nation.

WHEREAS nothing in this Agreement will affect the fiduciary relationship between Her Majesty the Queen in Right of Canada and First Nations people.

The First Nation wishes to provide Programs and Services and to carry out one or more Activities or Projects for the benefit of its community members, and DIAND wishes to provide funding to the First Nation for these purposes and therefore DIAND and the First Nation agree to the following:

Non-Derogation

1.0 Nothing in this Agreement will be construed to diminish, abrogate, derogate from, or prejudice any treaty or aboriginal rights of the First Nation and nothing in this Agreement will:

  1. prejudice whatsoever any applications, negotiations or settlements with respect to land claims or land entitlement between Her Majesty the Queen in Right of Canada and the First Nation;
  2. 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; and
  3. be construed as modifying any existing treaty.

1.1 Nothing in this Agreement will be construed to create a treaty within the meaning of the Constitution Act, 1982.

TERM

2.0 The term of this Agreement will be from __________ until __________.

2.1 The fiscal year under this Agreement begins April 1st of a calendar year and ends March 31st of the next calendar year.

2.2 The First Nation's obligations in respect of indemnification, record keeping, reporting, refunds, use of unexpended funding and cooperation with audits, evaluation and reviews survive the termination or expiry of this Agreement.

FUNDING

3.0 DIAND will transfer amounts to the First Nation according to Annex 1 and the schedule of payments set out in Annex 2.

3.1 If this Agreement covers more than one fiscal year, DIAND will for each new fiscal year of this Agreement provide by notice a revised Annex 2 setting out the schedule of payment for the fiscal year.

3.2 DIAND may by notice that includes a revised Annex 2:

  1. make adjustments to the schedule of payments for a fiscal year if requested by the First Nation; and
  2. increase or decrease funding for a fiscal year in accordance with any formula or adjustment factor set out in Annex 1.

3.3 DIAND may change or terminate funding:

  1. identified in Annex 2 as "Set", "Fixed" or "Flexible" by notice 90 calendar days before a payment is to be made if the program on which funding is based is changed or terminated by Treasury Board or DIAND;
  2. identified in Annex 2 as "Block" or "Grant" by notice one year before the start of the next fiscal year where the program on which funding is based is changed or terminated by Treasury Board or DIAND; and
  3. at any time by notice if funding from any other government source duplicates funding under this Agreement.

3.4 If exceptional circumstances occur during the term of this Agreement which were not reasonably foreseeable at the date this Agreement came into effect and which have a significant impact on First Nation's performance of this Agreement, the First Nation may request changes to the level of funding for the affected Program, Service, Activity or Project or other assistance. If DIAND agrees to change the level of funding, that change will be made by way of an amendment to this Agreement.

3.5 Notwithstanding any other provision of this Agreement, funding under this Agreement is subject to the appropriation of funds by the Parliament of Canada and DIAND may change or terminate funding under this Agreement if the Parliament of Canada reduces or denies an appropriation of funds to DIAND.

EXPENDITURE OF FUNDING

4.0 The First Nation must provide the Programs and Services and carry out the Activities and Projects for which funding is provided under this Agreement in accordance with Annex 1.

FINANCIAL ARRANGEMENTS

5.0 The First Nation is solely responsible for any costs or damages resulting from loans, leases and any other financial arrangements entered into by the First Nation or an agent of the First Nation.

REPORTS AND RECORDS

6.0 For each fiscal year, the First Nation must provide to DIAND each report listed in Annex 2 within the deadlines set out in Annex 2 and prepare those reports in accordance with the Reporting Guide as published for that fiscal year.

6.1 For each fiscal year, DIAND will publish the Reporting Guide no later than 90 calendar days before that fiscal year begins and may amend a Reporting Guide during the fiscal year only if the amendment arises from a Treasury Board requirement. DIAND will promptly inform the First Nation of any amendment.

6.2 If this Agreement provides funding for Programs, Services, Activities or any Projects for more than one fiscal year, DIAND will for the start of each new fiscal year provide by notice a revised Annex 2 setting out the reporting requirements and deadlines for that fiscal year for those Programs, Services, Activities or Projects.

6.3 DIAND may by notice extend reporting deadlines other than legislated deadlines if requested by the First Nation.

6.4 The First Nation must keep all financial and non-financial records that may be required to prepare reports under this Agreement and to complete any audits, evaluations or reviews under this Agreement.

6.5 For each fiscal year, the First Nation must keep financial and non-financial records for 7 years after the end of that fiscal year.

DEFAULT PREVENTION AND REMEDIES

7.0 Where a First Nation has a plan accepted by DIAND intended to prevent defaults and to address recommendations identified in an assessment of the First Nation's administrative, accountability and management practices, the First Nation must implement that plan within the deadlines set out in the plan.

7.1 The First Nation is in default of this Agreement under any of the following circumstances:

  1. the First Nation does not fulfill any obligation under this Agreement;
  2. the First Nation's auditor gives a disclaimer of opinion or adverse opinion on the financial statements of the First Nation;
  3. DIAND determines that the First Nation's financial position puts the delivery of any Program, Service or Activity or any Project for which funding is provided at risk;
  4. DIAND determines that the health, safety or welfare of First Nation community members is at risk; and
  5. the First Nation is in default under any other funding agreement with DIAND.

7.2 If it is reasonably necessary in the event of a default, DIAND may by notice to the First Nation take any or all of the following actions:

  1. require that within 60 calendar days the First Nation establish a management action plan acceptable to DIAND;
  2. require the First Nation to seek advisory support acceptable to DIAND;
  3. appoint a third party funding agreement manager to administer, in whole or in part, funding otherwise payable to the First Nation and the First Nation obligations under this Agreement;
  4. withhold funding under this Agreement;
  5. require other actions to remedy the default; and
  6. terminate this Agreement.

REFUNDS TO DIAND

8.0 The First Nation must refund any unexpended funding for a fiscal year unless Annex 1 authorizes the use of unexpended funding in another fiscal year.

8.1 DIAND may give notice to the First Nation that a refund of funding must be paid under any of the following circumstances:

  1. the First Nation has unexpended funding for a fiscal year that must be refunded in accordance with Annex 1;
  2. the First Nation has expended funding on an ineligible activity or expenditure for a fiscal year;
  3. funding from any other government source duplicates funding under this Agreement;
  4. the First Nation no longer meets DIAND's eligibility requirements for Grant funding; and
  5. DIAND makes an overpayment in error.

8.2 If DIAND gives a notice that a refund must be paid, the amount set out in the notice is a debt owing and payable to DIAND at the time that the notice is given.

8.3  DIAND may offset against funding under this Agreement or any other funding agreement DIAND has with the First Nation any amounts the First Nation must refund to DIAND.

PUBLICATION OF INFORMATION

9.0 DIAND may make public the name or title of the First Nation, the amount of funding provided and the nature of the Programs, Services, Activities and Projects funded under this Agreement.

9.1 DIAND may also disclose additional information in accordance with the Access to Information Act and Privacy Act of Canada.

9.2 The First Nation must comply with any requirements set out in Annex 1 on acknowledging DIAND funding.

9.3 DIAND may unilaterally, or jointly with the First Nation, make public announcements in respect of the Programs, Services, Activities and Projects funded under this Agreement, including public events, media releases, interviews, speeches, publications, signage, website publications, advertising, and promotional materials.

AUDITS, EVALUATIONS AND REVIEWS

10.0 At any time during the term of this Agreement or within seven years of its expiry or termination, DIAND may carry out one or more audits, evaluations or reviews for any or all of the following purposes:

  1. to assess the effectiveness of any or all of the Programs, Services, Activities and Projects funded under this Agreement;
  2. to review the First Nation's management practices including program management practices;
  3. to review the First Nation's financial controls;
  4. to assess compliance with this Agreement; and
  5. to confirm that information reported to DIAND is complete and accurate.

10.1 Any audit, evaluation or review under this Agreement may be carried out by one or more auditors, evaluators or officers employed by DIAND or a federal agency or on contract to DIAND.

10.2 The scope, coverage and timing of any audit, evaluation or review will be determined by DIAND.

10.3 The First Nation must cooperate in any audit, evaluation or review under this Agreement by:

  1. providing all necessary assistance to the auditor, evaluator or officer;
  2. providing access to all requested accounts and records relating to this Agreement including original supporting documents;
  3. providing access to any premises under the First Nation's control;
  4. allowing the auditor, evaluator or officer to inspect accounts and records and, except where prohibited by law, to take copies or extracts of those accounts and records; and
  5. providing any additional information the auditor, evaluator or officer may require in respect of the accounts and records.

10.4 If requested by the auditor, evaluator or officer, the First Nation must:

  1. direct anyone that has provided accounting or record keeping services to the First Nation to provide original supporting documents of those accounts and records to the auditor, evaluator or officer; and
  2. give consent to the First Nation's independent auditor to give the auditor, evaluator or officer access to the working papers that support the independent auditor's opinion or disclaimer of opinion.

AGENTS

11.0 The First Nation must ensure that any agent agrees in writing to fulfill the same obligations as the First Nation has under this Agreement in respect of:

  1. audits, evaluations and reviews;
  2. maintaining records; and
  3. providing access to premises.

11.1 If the First Nation uses an agent, the First Nation:

  1. remains responsible for all obligations under this Agreement; and
  2. must provide DIAND with a copy of the agency arrangement if requested by DIAND.

11.2 The First Nation must ensure that any agent agrees in writing that the agent is not:

  1. an employee or agent of DIAND; and
  2. in association or in a joint venture with DIAND.

LEGAL CONSIDERATIONS

12.0 This "Agreement" includes all Annexes and any amendments.

12.1 DIAND may amend this Agreement by way of a notice to the First Nation to:

  1. extend reporting deadlines;
  2. approve adjustments to the timing of payments;
  3. adjust the maximum funding in accordance with any adjustment factors set out in Annex 1; and
  4. adjust Annex 2 as permitted under this Agreement.

Any other amendments to this Agreement require written approval of DIAND and the First Nation.

12.2 This Agreement is the entire agreement between DIAND and the First Nation regarding funding for the Programs, Services, Activities and Projects set out in Annex 1 and replaces any previous agreements, commitments, negotiations or discussions.

12.3 This Agreement does not create any agency, association, joint venture or employer-employee relationship between the First Nation and DIAND.

12.4 The First Nation will indemnify DIAND, the Minister, and officers, employees, agents, servants and successors of DIAND from any claims, demands and liabilities arising from:

  1. any breach of this Agreement by the First Nation; and
  2. acts, omissions or negligence of the First Nation or any agent of the First Nation in connection with this Agreement.

12.5 DIAND will indemnify the First Nation from any claims, demands and liabilities arising from any breach of this Agreement by DIAND.

12.6 Any waiver of a right to take action under this Agreement must be in writing and does not affect a right to take action on a future occasion.

12.7 The First Nation must ensure that no member of the House of Commons or the Senate of Canada will have a share or part of any benefit arising from this Agreement, unless the benefit is available to that individual as a First Nation community member.

12.8 The First Nation must ensure that no person to whom the post-employment provisions of the Conflict of Interest Act, the Conflict of Interest and Post-Employment Code for Public Office Holders or the Values and Ethics Code for the Public Service apply will derive any benefit from this Agreement unless that person complies with all applicable post-employment provisions.

12.9 The headings in this Agreement do not in any way define, limit or extend the provisions of this Agreement.

12.10 Any reference in this Agreement to government publications, including policies and guidelines, will be deemed to refer to those publications as amended from time to time.

12.11 Any reference in this Agreement to legislation shall be a reference to that legislation as amended from time to time.

12.12 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 and Services are provided and Activities and Projects are carried out.

DISPUTE RESOLUTION

13.0 DIAND and the First Nation agree to negotiate to resolve disputes arising in respect of this Agreement in a timely manner.

13.1 DIAND and the First Nation may agree to non-binding mediation to resolve any particular dispute and each party will bear its own costs for mediation and share equally the cost of the mediator.

TERMINATION OF THIS AGREEMENT

14.0 Either DIAND or the First Nation may by notice terminate this Agreement other than for default if DIAND and the First Nation agree on a timeline for terminating this Agreement that will minimize the impact on delivery of the Programs and Services.

14.1 If this Agreement is terminated, the First Nation must:

  1. refund any unexpended funding;
  2. refund any debt owing and payable to DIAND; and
  3. refund amounts specified in a notice requiring a refund.

14.2 If this Agreement is terminated, DIAND must pay to the First Nation any amount owed to the First Nation up to the termination date of this Agreement unless DIAND and the First Nation agree otherwise in writing.

NOTICES

15.0 All notices, including requests or other communications from one party to the other required under this Agreement, must be in writing and are dated as of the date of:

  1. delivery for notices delivered in person;
  2. acknowledgement of receipt for notices by registered mail or courier; and
  3. transmittal for notices by facsimile or email.

15.1 Unless DIAND gives notice of a change of address, the address for notice to DIAND is:

15.2 Unless the First Nation gives notice of a change of address, the address for notice to the First Nation is:

 

 

Signed by
Her Majesty the Queen in Right of Canada's Authorized representative

 

_________________________________
[insert name and title]
Minister of Indian Affairs and Northern Development

 

Witness:
_________________________________
[insert name and title]

 

Date: _______________

Signed by
the First Nation's authorized representative(s):

 

_________________________________
[insert name and title]

 

_________________________________
[insert name and title]

 

_________________________________
[insert name and title]

 

_________________________________
[insert name and title]

 

_________________________________
[insert name and title]

 

_________________________________
[insert name and title]

 

_________________________________
[insert name and title]

 

_________________________________
[insert name and title]

 

_________________________________
[insert name and title]

 

_________________________________
[insert name and title]

 

Witness:
_________________________________
[insert name and title]

 

Date: _______________

ANNEX 1

PROGRAMS, SERVICES AND ACTIVITIES DELIVERY STANDARDS/REQUIREMENTS AND PROJECTS DESCRIPTION

ANNEX 1A – BLOCK CONTRIBUTION FUNDING

MAXIMUM FUNDING

1.0 Subject to this Agreement, DIAND will transfer Block Contribution funding (BLOCK) as follows:

  1. up to the amount set out in Annex 2 for Block Contribution funding for the initial fiscal year of this Agreement; and
  2. up to a maximum amount calculated according to the BLOCK adjustment formula set out in this Annex 1A for each subsequent fiscal year of this Agreement.

ELIGIBLE EXPENDITURES

2.0 Annex 2 sets out the annual amount allocated for each Program and Service funded using BLOCK funding.

2.1  In each fiscal year, the First Nation must use BLOCK funding only to deliver the BLOCK Programs and Services in Annex 2 for that fiscal year.

2.2 The First Nation must fulfill all of the delivery standards set out in this Annex 1A for all of the BLOCK Programs and Services in Annex 2.

2.3 In each fiscal year, the First Nation must refund to DIAND any expenditure on BLOCK Programs and Services in Annex 2 that is not in accordance with any of the delivery standards set out in this Annex 1A.

2.4 In each fiscal year, the First Nation is solely responsible for any expenditure on BLOCK Programs and Services in Annex 2 that exceeds the total annual amount of BLOCK funding for the fiscal year.

UNEXPENDED BLOCK FUNDING

3.0 Unexpended BLOCK funding arises if the total annual amount of BLOCK funding in Annex 2 exceeds the total amount the First Nation expends on all BLOCK Programs and Services in a fiscal year.

3.1 The First Nation may use unexpended BLOCK funding in a future fiscal year, even after the expiry or termination of this Agreement, if the First Nation:

  1. has fulfilled all the delivery standards for the previous fiscal years;
  2. uses that funding for purposes consistent with the BLOCK Programs and Services in Annex 2 or in accordance with a plan accepted by DIAND by notice to the First Nation; and
  3. reports on the use of unexpended BLOCK funding in accordance with the Reporting Guide for that fiscal year.

3.2 If the First Nation wishes to propose a plan to use unexpended BLOCK funding in a future fiscal year for purpose other than the BLOCK Programs and Services in Annex 2, the First Nation must submit that plan to DIAND within 120 calendar days after the end of the fiscal year for which there is unexpended funding.

3.3 The First Nation must refund to DIAND any unexpended BLOCK funding for a fiscal year unless all of the requirements of this Annex 1A are fulfilled in respect of that amount.

PROGRAMS AND SERVICES – DELIVERY STANDARDS

Program or Service Delivery Standards
Indian Government Support The First Nation will comply with the provisions of the Canada Labour Code.

Pension plans established by the First Nation for the benefit of elected officials and employees of the First Nation, 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 First Nation 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 First Nation shall:

(a) 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:

(b) 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 First Nation 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 First Nation shall:

(a) 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]

(b) administer pre-employment supports in accordance with the proposal <Name of Project> approved on <Day, Month, Year>.
Assisted Living The First Nation 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 First Nation 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 First Nation 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

The First Nation 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 <Name of Project>.

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 First Nation shall also carry out their delegated authority in accordance with the terms and conditions outlined in the Order in Council/Ministerial letter dated <Name of Project>.
Community Infrastructure Program The First Nation 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 First Nation 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 First Nation 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 First Nation shall use each facility or asset for the purpose described in this Agreement, unless otherwise agreed to in writing by DIAND.

The First Nation shall comply with the Protocol for AANDC-Funded Infrastructure issued by DIAND as amended from time to time.

BLOCK ADJUSTMENT FORMULA

[COMMENT]Note: DIAND regional formula to be included[/COMMENT]

ANNEX 1B – CONTRIBUTION AND GRANT FUNDING

MAXIMUM FUNDING

1.0 Subject to this Agreement, DIAND will transfer up to the Set (SET), Fixed (FIXED), Flex (FLEX) or Grant (GRANT) funding amounts set out in Annex 2 for each fiscal year of this Agreement.

ELIGIBLE EXPENDITURES

2.0 Annex 2 sets out the annual amount allocated for each Program, Service and Activity funded using Set (SET), Fixed (FIXED), Flex (FLEX) or Grant (GRANT) funding.

2.1 In each fiscal year, for SET, FIXED or FLEX funding in Annex 2, the First Nation must only use funding identified for a particular Program, Service or Activity in Annex 2 to deliver that Program, Service or Activity.

2.2 In each fiscal year, the First Nation must fulfill all delivery requirements set out in this Annex 1B for each of the Programs, Services and Activities for which funding is provided.

2.3 For each fiscal year, the First Nation must refund to DIAND any amount of funding provided for a Program, Service or Activity identified as SET, FIXED or FLEX in Annex 2 that is not used in accordance with the delivery requirements for that Program, Service or Activity set out in this Annex 1B in that fiscal year. If the cost-sharing column of the table below indicates the First Nation is to supplement DIAND funding for a Program, Service or Activity with funding from other sources, the First Nation must instead refund to DIAND a portion, proportional to DIAND's share of the funding, of the funding from all required sources that is not used in accordance with the delivery requirements.

2.4 The First Nation is solely responsible for any expenditure on a Program, Service or Activity in Annex 2 that exceeds the maximum amount of funding for that Program, Service or Activity in a fiscal year.

UNEXPENDED FUNDING

3.0 Unexpended SET, FIXED or FLEX funding arises if the amount of funding provided for a Program, Service or Activity identified as SET, FIXED or FLEX for a fiscal year in Annex 2 exceeds the amount the First Nation expends on that Program, Service or Activity in that fiscal year. If the cost-sharing column of the table below indicates the First Nation is to supplement DIAND funding for a Program, Service or Activity with funding from other sources, unexpended funding instead arises if the total amount of funding from all required sources for the Program, Service or Activity for a fiscal year exceeds the amount of funding the First Nation expends on that Program, Service or Activity in that fiscal year.

3.1 For each Program, Service or Activity funded using SET funding in Annex 2, the First Nation must not retain any unexpended funding for use in the next fiscal year and must refund that funding to DIAND. If the cost-sharing column of the table below indicates the First Nation is to supplement DIAND funding for a Program, Service or Activity with funding from other sources, the First Nation must instead refund to DIAND a portion of the unexpended funding that is proportional to DIAND's funding share.

3.2 For each Program, Service or Activity funded using FIXED funding in Annex 2, the First Nation may use unexpended funding in the next fiscal year, even after the expiry or termination of this Agreement or the expiry or termination of that Program, Service or Activity if the First Nation:

  1. has fulfilled all delivery requirements for that Program, Service or Activity in the fiscal year for which funding was provided;
  2. uses that funding for purposes that are similar to that Program, Service or Activity or in accordance with a plan accepted by DIAND by notice to the First Nation; and
  3. reports on the use of unexpended FIXED funding in accordance with the Reporting Guide for that fiscal year.

3.3 If the First Nation wishes to propose a plan to use unexpended FIXED funding in the next fiscal year, the First Nation must submit that plan to DIAND within 120 calendar days after the end of the fiscal year for which there is unexpended funding.

3.4 The First Nation must refund to DIAND any unexpended FIXED funding for a Program, Service or Activity that the First Nation does not use in accordance with this Annex 1B.

3.5 For each Program, Service or Activity funded using FLEX funding in Annex 2, the First Nation may use unexpended funding in the next fiscal year if:

  1. the unexpended funding is used before the earlier of the expiry or termination of this Agreement, and the expiry or termination of that Program, Service or Activity; and
  2. the First Nation continues to use the unexpended funding only for that Program, Service or Activity.

3.6 The First Nation must refund to DIAND any unexpended FLEX funding for a Program, Service or Activity under any or all of the following circumstances:

  1. funding remains unexpended at the earlier of the expiry or termination of this Agreement and the expiry or termination of that Program, Service or Activity; and
  2. the First Nation does not use the unexpended FLEX funding in accordance with this Annex 1B.

GRANT FUNDING

4.0 If the First Nation no longer meets DIAND's eligibility requirements for GRANT funding for a Program, Service or Activity, DIAND may require the First Nation to refund to DIAND any amount up to the full amount of GRANT funding provided for that Program, Service or Activity.

PROGRAM, SERVICE AND ACTIVITY DELIVERY REQUIREMENTS, COST-SHARING AND ADJUSTMENT FACTORS

Programs, Services and Activities Delivery Requirements Cost-sharing

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

The First Nation 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 First Nation for the benefit of elected officials and employees of the First Nation 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 First Nation 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 First Nation 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>
Consultation and Policy Development The First Nation 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 First Nation 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 First Nation 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 First Nation 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 Program - Instructional Services - Band-Operated Schools The First Nation shall:

(a) 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:

(b) 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 First Nation 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 First Nation 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 First Nation shall

(a) 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:

(b) 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation shall administer the First Nation Student Success Program in accordance with the proposal and work plans 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 First Nation 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 First Nation 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 First Nation 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 First Nation shall administer the Post-Secondary Partnerships Program in accordance with the proposal and work plans 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 First Nation 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 First Nation shall:

(a) 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]

(b) 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 First Nation 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 First Nation 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 First Nation 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 First Nation shall carry out activities in accordance with the attached Project Description for the Group Independent Assessment Process.   <insert an Adjustment Factor when applicable>
Contaminated Sites FCSAP, Non-FCSAP Consultation and/or Engagement The First Nation 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>
Estates Management The First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 (a) Developmental The First Nation 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.

(b) Operational The First Nation 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.

(c) Environmental Site Assessment The First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation'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 First Nation'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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation shall comply with the Protocol for AANDC-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 First Nation shall:

a) carry out and complete the Project in accordance with the Approved Project Approval Request entitled <insert name of the project>;

b) 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;

c) not alter the nature or scope of the Project as set out in the Approved Project Request, without the prior consent of the Minister;

d) 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;

e) 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

f) 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation's statement of work was approved by DIAND).   <insert an Adjustment Factor when applicable>
Emergency Management Assistance - Search and Recovery The First Nation 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 First Nation's proposal was approved by DIAND).   <insert an Adjustment Factor when applicable>
Contaminated Sites on Reserve 1.0 The First Nation 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>
Arctic Science

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

Canadian High Arctic Research Station (CHARS) - Construction
The First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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 First Nation 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>
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