Terms and conditions of the Indigenous Nation Rebuilding Program
- 1. Introduction
- 2. Legal and policy authority
- 3. Purpose, objectives and expected results
- 4. Eligibility
- 5. Type and nature of eligible expenditures
- 6. Total Canadian government funding and stacking limits
- 7. Method for determining the amount of funding
- 8. Maximum amounts payable
- 9. Basis on which payments will be made
- 10. Application requirements and assessment criteria
- 11. Due diligence and reporting
- 12. Official languages
- 13. Intellectual property
- 14. Repayable contributions
- 15. Redistribution of contributions
Recognition of and respect for Indigenous rights is the foundation to an improved relationship with Indigenous peoples and for advancing reconciliation. The Royal Commission on Aboriginal Peoples (1996) recommended that Indigenous nations should begin to reconstitute themselves as nations and create institutions with breadth and capacity to take on the exercise of rights, including self-government.
Priority has therefore been given to renewing the nation-to-nation relationship with Indigenous peoples based on the recognition of rights, respect, co-operation and partnership. This will be accomplished by working with Indigenous peoples to support them in their work to rebuild and reconstitute their nations. This contribution program will support the rebuilding efforts of Indigenous nations through the provision of capacity development funding. These terms and conditions are specifically targeted to Indigenous nations.
2. Legal and policy authority
- Department of Indian Affairs and Northern Development Act, R.S.C. 1985 c. I-6, s. 4
3. Purpose, objectives and expected results
The purpose of this program is an improved relationship and advancing reconciliation with Indigenous nations.
The objective of the program is to support nation rebuilding efforts that will contribute to aggregation and nation rebuilding.
The program furthers the departmental objective of increasing the sense of attachment to a nation and Indigenous peoples' self-determination, and supports broad governmental objective of establishing a respectful, responsive and supportive relationship between Indigenous peoples and Canada. Funding provided under this authority is intended to have the following outcomes:
- a re-establishment of Indigenous nationhoods
- the ability of aggregated nations to take on greater sectoral responsibilities, thereby facilitating a phased-in approach to self-determination and ultimately self-governance
- a sense of unity amongst Indigenous nations
- identification and agreement among members on priorities for action and approaches to issues
- input to legislation, policies and programs so that they are more reflective of Indigenous perspectives
- increase members' understanding, acceptance and support for the government's Aboriginal policies
- reduction in the duplication of resolution of issues at individual Indian Act bands and Crown negotiation tables by addressing and resolving them at the nation-to-nation level, and
- improvements in the relations between Indigenous peoples and the federal government
In the Departmental Results Framework (DRF), this authority is listed under: Rights and Self-Determination.
The prime recipients for this program are Indigenous nations, however, there may be instances where the funding would need to flow to member communities or member organizations that would undertake activities on behalf of a nation to which they are a part of. Eligible recipients for this program would need to be legal entities with the capacity to enter into funding agreements and listed below:
- aggregated Indigenous nations entities (as self-defined by Indigenous groups, could be linked by cultural or linguistic background, geographical area or historical treaty lines)
- Nation member communities or member organizations
- national and regional Indigenous organizations, and
- self-governing Indigenous governments
Eligible initiatives and activities
Eligible initiatives are those that will foster nationhood and support the rebuilding of nations as well as capacity development initiatives that will develop the capacity of the self-identified nations.
Eligible activities include, but not limited to:
- advisory committees
- community engagement and consultation
- constitution development
- advancing culture and heritage projects
- governance projects
- traditional ceremonial offerings
- Elders knowledge and oral history projects
- website management
5. Type and nature of eligible expenditures
Eligible expenditures include, but are not limited to:
- salaries and wages
- hardware and software needed for capacity development
- administrative costs
- supplies and materials
- information and training services
- travel costs
- professional services (such as speakers, legal advice, coordinators)
- event, meeting or workshop costs (such as rental, related supplies, logistics)
- honoraria and communications
6. Total Canadian government funding and stacking limits
Proposals for funding from each recipient shall address the requirement for the recipient to declare any and all prospective sources of funding for the eligible project or initiative, inclusive of all federal, provincial, territorial or municipal governments (total government assistance) and other sources that is expected to be received. Annual financial reporting shall show all sources of funding received. Provision for repayment shall be included in the funding arrangements. Maximum funding by Crown-Indigenous Relations and Northern Affairs Canada and maximum total government assistance is 100% for eligible projects or initiatives.
7. Method for determining the amount of funding
The method for determining the amount of funding is based on the assessment of the proposals received. The approved activities contained in the proposal will be assessed against internal guidelines that will be developed for Nation rebuilding that will set the amounts to be accorded for each activity.
8. Maximum amounts payable
The maximum amount payable to any one recipient in any year will not exceed $1,500,000.
9. Basis on which payments will be made
Payments are made based on a combination of a cash flow forecast from the recipient and predetermined milestones, such as progress reports. Advance payments are allowed and fixed and flexible contribution arrangements will be utilized.
10. Application requirements and assessment criteria
Funding will be awarded to eligible recipients on a proposal based approach. Because of the limited amount of contribution funding available to support Indigenous nations rebuilding activities, decisions to fund proposals will be based on merit of the proposal and not on a first in or first out basis.
In order for the department to consider entering into an agreement with prospective recipients, the recipients will be required to provide:
- the purpose of the funding (such as for nation-to-nation dialogue activities or capacity development initiative)
- a list of First Nations, communities, organizations participating in the initiative
- a statement, acceptable to the department (such as copies of resolutions from an annual or special meeting of members, copies of Band Council resolutions from members, copy of an annual general report), that the organization is mandated by its individual members, member communities or member organizations to undertake the activities it plans to undertake with the funds
- a proposal to, and reach agreement with, the department respecting the activities to be carried out, the objectives as they relate to the department's mandate and priorities, the total cost of the activities, and the results to be achieved
- the disclosure of the involvement of any former public servants who are under the Values and Ethics Code for the Public Service
- proof, in an acceptable form, that the organization is incorporated and in good standing with the jurisdiction where it is incorporated
- a description of how the organization will report to its individual members, member communities or member organizations on the use of the funds received, activities undertaken and results achieved
- a copy of the applicant's most recent audited financial statements
- the disclosure or declaration, in the proposal for funding, of any and all prospective sources of funding for the program, inclusive of all federal, provincial or other government sources that is expected to be received
Recipients who are former public office holders must respect and comply with the Conflict of Interest and Post-Employment Code for Public Office Holders and the Conflict of Interest and Post-Employment Code for the Public Service (2003). Recipients who are former public servants must respect and comply with the Values and Ethics Code for the Public Service. Where an applicant employs or has a major shareholder who is either a current or former (in the last 12 months) public office holder or public servant in the federal government, compliance with the codes must be demonstrated.
Applicants shall provide assurance that, where lobbyists are utilized, they are registered in accordance with the Lobbyist Registration Act and that no contingency fee arrangement exists.
Proposals received will be assessed against the objective of this authority and for eligible activities that will contribute to this objective. To be eligible for funding, proposals must demonstrate that they are including more than one Indigenous group of the same nation (cultural or language background or historical treaty lines) and that the activities contribute to aggregation and nation rebuilding by increasing capacity for action at the nation level and by fostering a greater sense of attachment identity. As such, funding may be allocated for governance-like activities as well as heritage (culture, language) and education-like activities if these are to be applied to a nation or aggregation of First Nations. Assessment of proposals will also consider other federal programs in order to not duplicate funding.
11. Due diligence and reporting
The department has in place the appropriate systems, procedures and resources for ensuring due diligence in approving and verifying eligibility for the management and administration of the contributions. Recipients are required to provide year-end audited financial statements as well as year-end reporting on the utilization of the funding. Recipients will also be required to report on deliverables outlined in the departmental offer to provide funding for their project or initiative and contained in the contribution agreement.
12. Official languages
The department has procedures and resources that enable it to ensure compliance with the Official Languages Act in relation to this program. In particular, the department will ensure that its communications with and services to recipients and the public in relation to this program will be provided in both official languages, in accordance with Part IV of the Official Languages Act. The department will also ensure that the design and the delivery of this program respect the obligations of the Government of Canada as set out in Part VII of the Official Languages Act. Where the program supports activities that may be delivered to members of either official language community, conditions will be set out in the funding agreement to require that access to services from the recipient will be provided in both official languages where there is significant demand.
13. Intellectual property
Where a contribution is provided for the development of material in which copyright subsists, conditions for shared rights will be set out in the funding agreement.
14. Repayable contributions
Provisions for repayable contributions do not apply. Any contributions made to private firms under these programs are not intended to generate profits or to increase the value of a business.
15. Redistribution of contributions
Where a recipient further distributes contribution funding to an agency or a third party (such as an authority, board, committee, or other entity authorized to act on behalf of the recipient), the recipient shall remain liable to the department for the performance of its obligations under the funding agreement. Neither the objectives of the programs and services nor the expectations of transparent, fair and equitable services shall be compromised by any delegation or redistribution of contribution funding.
Recipients have full independence in the selection of such third parties and will not be acting as an agent of the government in making distributions.