Funding Agreement Model: Other 2019-2020
BETWEEN:
HER MAJESTY THE QUEEN in right of Canada as represented by the Minister of Indian Affairs and Northern Development [OPTIONAL – if multi-departmental) and the Minister of [Legal Name of Minister of other Funding Department] ("Canada")
AND:
[/:Recipient Name][COMMENT] (insert full legal name) [/COMMENT], a _________________[COMMENT] (insert description of the legal status e.g. a non-profit corporation, corporation or society etc.) [COMMENT][COMMENT] (and where applicable add, "incorporated / established under the laws of ____________"(insert Canada or Province or Territory) [/COMMENT] [COMMENT]("[/:Name]" [COMMENT]– any name or short form to be chosen by the entity. If applicable for grammatical purposes, insert the word "the" before the name or short form).
Preamble
WHEREAS the parties wish to enter into an agreement for the funding of certain Activities to be delivered by [/:Name].
NOW THEREFORE, the parties agree as follows:
1. Duration
1.1 This Agreement will be in effect from __________ (the "effective date") and will expire on _________, unless terminated earlier or shortened or extended by amendment.
2. Objective
2.1 The purpose of this Agreement is for Canada to provide the Funding to [/:Name] for the delivery by it of the Activities.
3. Responsibility
3.1 Each party shall carry out its respective rights and obligations in accordance with the terms of this Agreement and applicable laws.
4. Relationship
4.1 Nothing in this Agreement creates or is to be construed as creating a joint venture, legal partnership, service contract or principal and agent relationship between the parties, and [/:Name] shall not represent itself to any third party as acting on behalf of Canada, as being a joint-venturer, legal partner, a service procurer, service contractor, principal, agent or delegate of Canada.
5. Funding
5.1 Subject to the terms and conditions of this Agreement, Canada shall transfer the Funding to [/:Name] by way of payment of the amounts set out in Schedule 3 in the initial and subsequent Fiscal Years. These amounts will be paid according to the schedule of periodic advance payments set out in Schedule 3.
5.2 The parties acknowledge that, if this is a multi-year agreement, not all Funding for the full term of this Agreement may be set out in Schedule 3 at any given time. Funding for subsequent Fiscal Years may be determined or adjusted annually in accordance with the terms of this Agreement. Amendments to Schedule 3 for this purpose will be made by way of a NOBA or other amendment process.
6. Formula-based or Factor-based Funding Adjustments
6.1 Where the amount of any Funding will change in accordance with a predetermined adjustment factor or formula set out in Schedule 4 or Schedule 6, Canada shall, by NOBA, amend Schedule 3 accordingly.
7. Notice of Budget Adjustment (NOBA)
7.1 Canada may, by NOBA, amend Schedule 3 in order to adjust the Funding and/or periodic advance payments for one or more Fiscal Years.
7.2 A NOBA will be signed by Canada, set out the details of the Funding changes and contain an amended Schedule 3 for this Agreement.
7.3 A NOBA may not:
- reduce overall Funding except according to an adjustment factor or formula set out in Schedule 4 or Schedule 6; or
- modify the terms and conditions of this Agreement, except as provided for in subsection 7.1.
8. Multiple Departments
8.1 Where more than one Federal Department contributes any of the Funding under this Agreement on behalf of Canada:
- any Federal Department may transfer the Funding on behalf of other Federal Departments; and
- Canada's rights and obligations under this Agreement may be carried out by any Federal Department.
9. Funding Subject to Appropriations and Departmental Funding Authorities
9.1 Notwithstanding any other provision of this Agreement, the amount and payment of any Funding is subject to the appropriation of funds by the Parliament of Canada.
9.2 In the event that any funding authority of any Federal Department for which the Funding is provided is modified or cancelled by the Treasury Board of Canada or by that Federal Department, or if funding levels of any Federal Department are reduced or cancelled by Parliament for any Fiscal Year in which payment is to be made, Canada may adjust or cancel the Funding accordingly.
9.3 Where Set Funding, Fixed Funding or Flexible Funding is to be reduced or cancelled under subsection 9.2, Canada shall provide at least 60 days prior notice to [/:Name]. This notice will specify the Activities, the Fiscal Year(s) and amounts in respect of which any such Funding will be reduced or cancelled.
10. Adjustment of Cash Flow
10.1 [/:Name] may request adjustment of any periodic payment set out in Schedule 3 for an Activity where it differs from its anticipated expenditures for the corresponding period. In this case, [/:Name] shall propose adjustments to that Schedule accordingly. Canada shall notify [/:Name] of acceptance or rejection of the proposed adjustments within 30 days of [/:Name]'s notification. Where Canada accepts the proposed adjustments, Canada shall issue a notice of acceptance or a NOBA containing the revised Schedule 3.
10.2 The total annual funding amount for an Activity set out in Schedule 3 may not be changed under subsection 10.1.
11. Eligible Expenses - General
11.1 In addition to the requirements of section 20, Schedule 2 and Schedule 6, [/:Name] may only expend the Funding where the expense is: (i) directly related to the carrying out of [/:Name]'s responsibilities under this Agreement; and (ii) [/:Name] follows generally accepted business practices in negotiating the price and other terms and conditions for the expenditure.
12. Reimbursement of Ineligible Expenditures
12.1 For each Activity identified as Set, Fixed and Flexible in Schedule 3, [/:Name] shall repay to Canada any expenditure it makes against annual amounts allocated in that Schedule for that Activity that is not in accordance with the terms and conditions of Schedule 2 or the Delivery Requirements set out in Schedule 4 or Schedule 6 for that Activity, unless Canada agrees otherwise in writing.
12.2 If Cost-Sharing applies to any Activity according to the Delivery Requirements, [/:Name] shall instead repay to Canada an amount, proportional to Canada's funding share, of any expenditure against the annual amounts from all required sources allocated for that Activity that is not in accordance with the terms and conditions of this Schedule or the Delivery Requirements.
13. Deficits
13.1 [/:Name] shall be responsible for any expenditure it makes in excess of the Funding.
14. Reports and Records
[COMMENT] [If another Federal Department will be the one receiving reports, change CIRNAC to that Department. Also make the same change in 14.7 to align so that the Department receiving reports may deliver a copy to the others.][/COMMENT]
14.1 Each Fiscal Year, [/:Name] shall prepare and submit to CIRNAC all reports listed in Schedule 5 for that Fiscal Year in accordance with the requirements for each report set out in the Reporting Guide for that Fiscal Year.
14.2 If this Agreement covers more than one Fiscal Year, Canada may, on or before the start of each Fiscal Year, issue a new Schedule 5 for that Fiscal Year.
14.3 Each Fiscal Year, Canada shall publish the Reporting Guide no later than 90 days before the Fiscal Year. Canada may amend the Reporting Guide during a Fiscal Year for the same Fiscal Year only if the amendment arises from a Treasury Board requirement. Canada shall promptly notify [/:Name] of any such amendment.
14.4 Subject to any statutory obligations that may apply to [/:Name], Canada may, by notice to [/:Name], extend the deadline for the receipt of any reports if [/:Name] provides notice before the applicable due dates of circumstances beyond [/:Name]'s control preventing [/:Name] from meeting the deadlines. Such a notice may only change the reporting date and no other reporting requirements, will be signed by Canada and will amend this Agreement in accordance with its terms.
14.5 [/:Name] shall retain all original financial and non-financial accounts and records, in paper or electronic form, that relate to the Activities and use of Funding under this Agreement, including accounts and records that are required to prepare reports under this Agreement, for a period of 7 years following the end of the last Fiscal Year to which the records relate. Such records, whether kept in paper or electronic form, must be organized, complete, legible and accessible.
14.6 If [/:Name] is required to provide Consolidated Audited Financial Statements as indicated in Schedule 5, [/:Name] shall have its yearly financial reports audited by an independent auditor who is recognized in the Province or Territory in which [/:Name] has its administrative offices. [/:Name] shall notify Canada of the appointment of the auditor at least 2 weeks before the end of the Fiscal Year being covered by the audited financial reports. The notice must authorize Canada to release revenue and trust information to the auditor for purposes of completing the Consolidated Audited Financial Statements.
14.7 CIRNAC may deliver a copy of [/:Name]'s financial reporting required under the Reporting Guide, including, where required under this Agreement, its Consolidated Audited Financial Statements, to any Federal Department. CIRNAC shall not provide a copy of such statements or reports to any third party or other part of the federal government, except where agreed to in writing by [/:Name] or where authorized or permitted by law.
[COMMENT] [The following subsection is to be included when the party receiving funding is a First Nation Political Organization.] [COMMENT]
14.8 [/:Name] shall make its financial reports with respect to this Agreement, including its Consolidated Audited Financial Statements, available to the [/:citizen-OR-member]s of its member First Nations.
15. Where Reporting or Disclosure Requirements not met
15.1 Canada may withhold funds from [/:Name] when [/:Name] has not submitted, by the due date, any financial or other report required by this Agreement or by a predecessor funding agreement between [/:Name] and a Federal Department. The default provisions of this Agreement may also apply.
15.2 Canada shall pay the withheld funds to [/:Name] within 45 days of the required reports being submitted by [/:Name] and accepted by Canada, subject to subsection 13.1 and section 24.
15.3 Without limiting remedies available to Canada under this Agreement, if [/:Name] defaults in its obligation under this Agreement or any predecessor to provide Canada with its Consolidated Audited Financial Statements, together with all schedules and reports required under the Reporting Guide,Canada may:
- 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 [/:Name] has its administrative offices be engaged immediately by [/:Name] at [/:Name]'s cost and that the Consolidated Audited Financial Statements, together with all schedules and reports required under the Reporting Guide, be delivered within a reasonable time as Canada may determine; or
- 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 [/:Name] has its administrative offices and in which case:
- [/:Name] 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
- [/:Name] shall reimburse Canada for all costs incurred in having the audit conducted.
16. Contracting-Out and Delegation
16.1 Subject to the other provisions of this section, [/:Name] may contract-out or delegate any of its functions or obligations under this Agreement to an Agency. [/:Name] shall remain responsible to Canada for the performance of all such contracted or delegated matters.
16.2 If [/:Name] wishes to contract-out or delegate any of its functions or obligations under this Agreement to an Agency, it shall: (i) enter into an agreement with the Agency for that purpose; (ii) ensure that the Agency complies with all requirements of this Agreement on its behalf; and (iii) make the agreement available to Canada upon request.
17. Environmental Obligations
17.1 [/:Name] and Canada shall cooperate to ensure that, with respect to any project to be undertaken by [/:Name] with any of the Funding, all applicable requirements of the Canadian Environmental Assessment Act, 2012 and any other applicable environmental laws will be followed.
18. Indemnification
18.1 [/:Name] shall indemnify and save harmless the Crown, her Ministers, officers, employees, agents, successors and assigns from and against all claims, liabilities, and demands arising directly or indirectly from any acts or omissions of [/:Name] or of any of its employees or agents in respect of or resulting from: (i) [/:Name]'s performance or non-performance of its obligations under this Agreement; or (ii) [/:Name] entering into any loan, capital lease or other long term obligation.
19. Insurance
19.1 [/:Name] shall be responsible for determining whether to purchase insurance coverage for its protection and to cover its obligations under this Agreement.
[COMMENT] Substitute 19.1 below when insurance is a Program requirement [COMMENT]
19.1 [/:Name] shall maintain at least the minimum insurance coverage described in Schedule 4 and Schedule 6.
20. Loans
choose 1 of the following 3 options
[COMMENT] [The following subsection is to be included when the party receiving funding is NOT permitted to make loans] [COMMENT]
20.1 [/:Name] shall not make loans from the Funding unless permitted to do so in a Schedule.
[COMMENT] [The following subsection is to be included when the party receiving funding is NOT a First Nation Political Organization and is permitted to make loans from the Funding] [COMMENT]
20.2 Where the Delivery Requirements for an Activity permit the making of loans, [/:Name] may make loans from the Funding for that Activity provided that:
- the loans are directly related to the specific Activity and will not be made for personal use;
- [/:Name]'s loan policy is in writing and available to Canada upon request; and
- all loans are evidenced by an agreement in writing between [/:Name] and each borrower.
[COMMENT] [The following subsection is to be included when the party receiving funding is a First Nation Political Organization and is permitted to make loans from the Funding] [COMMENT]
20.3 Where the Delivery Requirements for an Activity permit the making of loans, [/:Name] may make loans from the Funding for that Activity provided that:- the loans are directly related to the specific Activity and will not be made for personal use;
- [/:Name]'s loan policy is in writing and available to Canada and to [/:citizen-OR-member]s of its member First Nations upon request; and
- all loans are evidenced by an agreement in writing between [/:Name] and each borrower.
21. Stacking of Assistance
21.1 [/:Name] shall provide notice to Canada, prior to the end of each Fiscal Year, if [/:Name] receives funding assistance from the Crown (other than as contained in this Agreement) or from any provincial, territorial or municipal government that may be used for any of the Activities. In such case, Canada may require [/:Name] to repay any amount of the Funding that Canada considers a duplication of the funding from the other sources.
22. Default
22.1 [/:Name] will be in default of this Agreement in the event:
- [/:Name] defaults on any of its obligations set out in this Agreement or any other agreement through which a Federal Department provides funding to [/:Name];
- the auditor of [/:Name] gives a disclaimer of opinion or adverse opinion on the Consolidated Audited Financial Statements of [/:Name] in the course of conducting any audit under this Agreement or any previous agreement under which a Federal Department provides funding to [/:Name];
- Canada, having regard to [/:Name] financial statements and any other financial information relating to [/:Name] reviewed by Canada, determines the financial position of [/:Name] is such that the delivery of any Activity is at risk; or
- [/:Name] 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, ceases operations, or ceases to be a corporation in good standing under the laws of Canada or of a Province or Territory of Canada, as applicable.
23. Remedies on Default
23.1 Without limiting any remedy or other action Canada may take under this Agreement, in the event [/:Name] is in default under this Agreement, the parties will communicate or meet to review the situation.
23.2 In the event [/:Name] is in default under this Agreement, Canada may take one or more of the following actions:
- require [/:Name] to develop and implement a Management Action Plan within 60 days, or at such other time as the parties may agree upon and set out in writing;
- require [/:Name] to seek advisory support acceptable to Canada;
- withhold any Funding otherwise payable under this Agreement;
- require [/:Name] to take any other reasonable action necessary to remedy the default;
- take such other reasonable action as Canada deems necessary, including any remedies which may be set out in any Schedule; or
- terminate this Agreement.
24. Repayment
24.1 [/:Name] shall, at such times as this Agreement specifies and otherwise upon written demand, repay to Canada any amount of the Funding which:
- has not been accounted for by [/:Name] in accordance with this Agreement;
- is spent by [/:Name] for purposes other than those authorized under this Agreement;
- Canada determines to be a recoverable stacking amount under section 21; or
- is an overpayment or any other amount that is repayable by [/:Name] under this Agreement.
Such amounts are debts due to the Crown.
24.2 Interest will be charged on any debts in accordance with the Interest and Administrative Charges Regulations and also constitutes a debt due to the Crown.
24.3 Without limiting the scope of set-off or compensation rights available to the Crown at common law, under the Civil Code of Québec, under the Financial Administration Act or otherwise, Canada may set-off or seek compensation against the Funding for:
- any amount that is a debt due to the Crown pursuant to subsection 24.1 and 24.2; and
- any amount that [/:Name] owes to the Crown under legislation or any other agreement of any kind.
25. Non-Monetary Contributions
25.1 Canada may provide a contribution of goods or services to [/:Name] to support [/:Name]'s delivery of any Activities.
25.2 Any non-monetary contribution with a value of up to $5,000 may be made by way of Canada:
- delivering the goods and/or services to [/:Name]; and
- issuing a notice of non-monetary contribution ("NONMC") to [/:Name] for the delivery of the contributed goods or services pursuant to this section.
25.3 A NONMC will be signed by Canada and will:
- list each of the goods and/or services to be contributed;
- set out the location where each of the goods and/or services will be delivered and the expected date or time period for such delivery;
- indicate the value of the non-monetary contribution based on Canada's actual costs for the purchase and delivery of the contributed goods and/or services, or the fair market value of the foregoing (whichever is less); and
- be issued prior to or upon delivery of the goods and/or services and include conditions for the contribution, including any reporting conditions.
25.4 Any non-monetary contribution with a value in excess of $5,000 may be made by way of Canada and [/:Name] entering into a non-monetary contribution agreement.
25.5 Where Canada contributes goods and/or services under this section, [/:Name] shall:
- use the goods or services solely for the purposes of delivering Activities as specified in the NONMC or as otherwise agreed between the parties in writing;
- comply with the conditions set out in the NONMC; and
- account for the non-monetary contribution in either its Consolidated Audited Financial Statements if Consolidated Audited Financial Statements are required under this Agreement, or in its other financial reports as identified in Schedule 5.
26. Audit
26.1 This section only applies to Contribution Funding.
26.2 Canada may audit or cause to have audited the accounts and records of [/:Name] and any Agency at any time during the term of this Agreement or within 7 years of the termination or expiry of this Agreement, in order to:
- assess or review [/:Name]'s compliance with the terms and conditions of this Agreement;
- review [/:Name]'s program management and financial control practices in relation to this Agreement; or
- confirm the integrity of any data which has been reported by [/:Name] pursuant to this Agreement.
26.3 The scope, coverage and timing of any audit will be determined by Canada and may be carried out by one or more auditors employed or contracted by Canada.
26.4 Canada shall notify [/:Name] at least 2 weeks in advance of an audit under this section.
26.5 In the event of an audit under this section, [/:Name] shall, upon request:
- provide the auditors with all accounts and records of [/:Name] relating to this Agreement and to the Contribution Funding, including all original supporting documentation (whether in paper or electronic form);
- 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;
- provide to those auditors such additional information as they may require with reference to such accounts and records;
- provide all necessary assistance to those auditors, including providing them with access to [/:Name]'s premises;
- direct any entity that has provided accounting or record-keeping services to [/:Name] to provide copies of those accounts and records to the auditors; and
- give consent to [/:Name]'s auditors to allow access by Canada's auditors to working papers of [/:Name]'s auditors that support the opinion or disclaimer of opinion on Consolidated Audited Financial Statements where Consolidated Audited Financial Statements are required under this Agreement.
26.6 If at any time during the term of this Agreement, Canada is of the opinion that there may have been a default, the 2 week notice period will not apply and [/:Name] shall, on request, provide Canada with immediate access to its accounts, records and supporting documentation (whether in paper or electronic form) relating to the Contribution Funding, or those of any Agency.
26.7 The accounts and records Canada may audit or cause to have audited under this section include records maintained under any previous funding agreement through which the Crown has provided funding to [/:Name] that, in the opinion of any auditor employed or contracted by Canada, may be relevant to the audit.
26.8 An audit under this section does not limit:
- Canada's right to conduct an evaluation of this Agreement under section 27 of this Agreement;
- [/:Name]'s obligation to provide to Canada the financial reports identified in Schedule 5; or Canada's right to appoint an independent auditor or to require [/:Name] to appoint an independent auditor under subsection 15.3 where Consolidated Audited Financial Statements have not been provided to Canada by [/:Name].
27. Evaluation
27.1 Canada may at any time during the term of this Agreement or within 7 years of its expiry or termination, carry out one or more evaluations of the effectiveness of this Agreement.
27.2 [/:Name] shall cooperate in the conduct of any such evaluation and provide Canada or its representatives such information as they require, including any records that are required to be retained under subsection 14.5.
28. Dispute Resolution
28.1 Canada and [/:Name] shall attempt to negotiate a resolution to any disputes arising between them regarding the interpretation of a provision of this Agreement or the obligation of a party under this Agreement in a timely manner.
28.2 Canada and [/:Name] may agree to non-binding mediation to resolve any dispute. In such case, each party shall bear its own costs and bear equally the costs of any independent third party appointed to assist the parties to try to resolve the dispute.
29. Termination
29.1 Either party may terminate this Agreement by providing notice to the other party stipulating the reason for termination, provided that before any such termination can become effective:
- the parties exhaust the dispute resolution process if relevant to the termination; and
- the parties agree on a time frame to terminate the Agreement.
29.2 In the event of the termination of this Agreement:
- [/:Name] shall provide Canada with all reporting for all Funding as required by the Reporting Guide, or such parts of that financial reporting as specified by Canada, within 120 days of the date of termination;
- subject to rights of set-off, Canada shall pay to [/:Name] any Funding owed to [/:Name] up to the termination date of this Agreement unless [/:Name] and Canada agree otherwise in writing;
- without limiting any other obligation under this Agreement to repay amounts to Canada, [/:Name] shall repay to Canada any unexpended Funding up to the termination date of this Agreement, and within 120 days thereof, unless [/:Name] and Canada agree otherwise in writing; and
- [/:Name] shall fulfill any other obligation relating to termination set out in any Schedule.
30. This Agreement
30.1 This Agreement constitutes the entire agreement between the parties and supersedes all discussions, negotiations and commitments in relation to the subject matter of this Agreement which may have preceded the signing of this Agreement. For greater certainty, this clause does not supersede or affect any obligations of the parties in relation to other subject matter, including obligations arising under prior or other funding agreements between the parties.
30.2 The following Schedules are attached to and form part of this Agreement
- SCHEDULE 1 - Definitions
- SCHEDULE 2 - Contribution Funding (Set, Fixed, Flexible) and Grant Funding
- SCHEDULE 3 - Funding and Schedule of Payments
- SCHEDULE 4 - Delivery Requirements and Funding Adjustment Factors
- SCHEDULE 5 - Reporting and Due Dates
[COMMENT] [Include if Projects are included in the agreement] [/COMMENT] - SCHEDULE 6 – Projects
[COMMENT] [If Projects are NOT included in the agreement] [/COMMENT] - SCHEDULE 6 – Intentionally Omitted
[COMMENT] [If MAP is applicable, include in the agreement] [/COMMENT] - SCHEDULE 7 - Management Action Plan.
[COMMENT] [If MAP is NOT applicable, include in the agreement] [/COMMENT] - SCHEDULE 7 – Intentionally Omitted
[COMMENT] [If additional federal departments (after CIRNAC) are participating include the following bullet][/COMMENT] - SCHEDULE 8 – Additional Federal Departments - Funding Terms and Conditions
30.3 Descriptive headings in this Agreement are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement.
30.4 If the phrase "Intentionally Omitted" appears in this Agreement opposite a section number, it either means that that the section, which is normally contained in other template forms of this Agreement, is not applicable to this Agreement or has been omitted by agreement. The enumeration of such a section is left intact in order to avoid re-numbering of this Agreement.
30.5 All rights and obligations of the parties which expressly, or by their nature, survive termination or expiry of this Agreement will survive unless and until they are fulfilled, or by their nature expire. Without limiting the generality of the foregoing, the following sections or subsections contain rights and obligations of the parties that may or will remain in effect after the termination or expiry of this Agreement:
- Main body of this Agreement: 11 (Eligible Expenses); 12 (Reimbursement); 14 (Reports and Records); 15 (Where Reporting or Disclosure Requirements are not met); 16 Contracting-out and Delegation); 18 (Indemnification); 28 (Dispute Resolution); 22 (Default); 23 (Remedies on Default); 24 (Repayment); 26 (Audit); 27 (Evaluation); 29.2 (Termination - consequential terms); and, 39 (Intellectual Property).
- Schedule 2 Contribution and Grant Funding: any sections or subsections that concern spending or repayment of any Funding that could apply following expiry or termination of this Agreement.
30.6 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.
30.7 This Agreement will be interpreted in accordance with the laws of Canada and the applicable laws of [COMMENT] [Insert name of Province or Territory] [COMMENT].
31. Amendments
31.1 All amendments to this Agreement are to be made in writing and signed by both parties, except in the following cases where Canada shall sign the notices alone: by NOBA; by a reporting extension notice issued by Canada under subsection 14.4; or by notice of acceptance for periodic payment changes under subsection 10.1.
32. Waiver
32.1 No provision of this Agreement and no event of default by [/:Name] or Canada of any provision of this Agreement will be deemed to have been waived unless the waiver is in writing and signed by the party waiving.
32.2 The waiver by a party of a 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.
33. Assignment
33.1 [/:Name] may contract-out or delegate any of its functions or obligations under this Agreement in accordance with section 16, but shall not assign any of its rights or obligations under this Agreement without the prior written consent of Canada.
33.2 This Agreement is binding upon the parties and their respective administrators, successors, and assigns.
34. Lobbyists
34.1 [/:Name] represents and warrants that it and any person lobbying on its behalf to obtain Funding has been, is, and will continue to remain in compliance with the Lobbying Act.
34.2 [/:Name] represents and warrants that it has not and will not make any payment to any individual or entity that is in whole or in part contingent upon the solicitation of the Funding or the negotiating/signing of this Agreement or any amendment hereto.
35. Warranty of Authority
35.1 The parties confirm that they each have the authority and the capacity necessary to enter into this Agreement and that their representatives have the authority to enter into this Agreement on their behalf.
35.2 [/:Name] further represents and warrants that it has the corporate power and authority to execute, deliver and perform its obligations under this Agreement and that it is duly incorporated and in good standing under the laws of Canada or of a Province or a Territory of Canada, and will remain in good standing at all times during the term of this Agreement.
36.Communications Related to Funding
36.1 Each party reserves the right to communicate to the public about the terms of this Agreement by way of, but not limited to, announcements, interviews, speeches, press releases, publications, signage, websites, advertising and promotional materials. The timing of these communications will be at the discretion of the party giving the communication. However, the party giving the communication will notify the other party in advance of any significant public event or news release in order to provide to the other party an opportunity to participate in a joint announcement or in the development of joint communications materials.
37. Conflict of Interest Regarding Federal Officials
37.1 [/:Name] declares and shall ensure that:
- 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; and
- no individual to whom the Conflict of Interest Act, the Conflict of Interest and Post-employment Code for Public Office Holders, the Values and Ethics Code for the Public Sector, the Values and Ethics Code for the Public Service, the Policy on Conflict of Interest and Post-Employment, or the values and ethics code of any Federal Department apply will derive any direct benefit from this Agreement unless that individual is in compliance with the Act and all of the applicable codes and policies noted above.
38. Public Disclosure
38.1 Without limiting any right, obligation or capacity of Canada to disclose information, Canada may publicly disclose the name and address of [/:Name], the amount of Funding, the nature of the Activities for which Funding is provided, and any information relating to the Funding that the Reporting Guide states that Canada may publicly disclose.
39. Intellectual Property
39.1 All intellectual property that arises out of or under this Agreement will be owned by [/:Name] or a third party as may be set out in an agreement between [/:Name] and such third party.
39.2 [/:Name] hereby grants to Canada a non-exclusive, royalty-free, fully-paid, perpetual, worldwide, and irrevocable licence to exercise all intellectual property rights that arise under this Agreement for any Crown purpose.
39.3 [/:Name] shall secure all necessary rights to give effect to the licence granted under this Agreement.
40. Notices
40.1 Notices, requests, reports and documents referred to or required by this Agreement must be in writing and, unless notice to the contrary is given by the receiving party, shall be addressed to the receiving party at the following addresses:
- Canada at:
[Insert address] - [/:Name] at:
[insert address]
40.2 Notices, requests, reports and documents may be sent by any method of delivery or telecommunication and will be deemed to have been received: (i) by registered mail when the postal receipt is acknowledged by the receiving party; (ii) by facsimile or electronic mail when transmitted and receipt is confirmed; and (iii) by personal delivery, messenger or courier when delivered.
41. Execution
41.1 This Agreement is signed on behalf of [/:Name] and on behalf of Canada by their duly authorized representatives.
41.2 This Agreement may be signed in identical counterparts, each of which constitutes an original, and such counterparts taken together will constitute one agreement. The signatures of the parties need not appear on the same counterpart, and executed counterparts may be delivered by facsimile or in electronically scanned form by electronic mail.
[COMMENT] [the following clause to be added where relevant. However, it is mandatory to use this clause where [/:Name] is delivering Activities in an area where there may be an impact on members of either official language group.] [COMMENT]
42. Official Languages
42.1 [/:Name] shall, when requested by Canada and in a manner both parties agree to that is consistent with applicable laws, provide any or all of the following in relation to the Activities under this Agreement in both of Canada's official languages (English and French): (i) information; (ii) signage; (iii) oral and written communications; (iv) services; and (v) opportunities for official language minorities to participate in functions related to the Activities.
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
as represented by the Minister of Indian Affairs and Northern Development
by: _____________________________________
(insert name and title)
[COMMENT][for the Sectors with Canada-Indigenous Relations and Northern Development] [COMMENT]
Department of Indian Affairs and Northern Development
Date of signature __________________________
[INSERT FULL LEGAL NAME OF THE PARTY RECEIVING FUNDING]
[COMMENT]Note: if the party is an incorporated entity, insert after each signature: I have the authority to bind the corporation [COMMENT]
by: _____________________________________
(insert name and title)
Date of signature __________________________
by: _____________________________________
(insert name and title)
Date of signature __________________________
by: _____________________________________
(insert name and title)
Date of signature __________________________
by: _____________________________________
(insert name and title)
Date of signature __________________________
by: _____________________________________
(insert name and title)
Date of signature __________________________
by: _____________________________________
(insert name and title)
Date of signature ___________________________
Schedule 1: Definitions
In this Agreement, the following terms have the following meanings. These definitions apply equally to the singular and plural forms of the terms defined:
"Activity" means any program, service, activity, initiative or project listed in Schedule 3 under the heading Program Service Area/Program Inventory/Budget Activity/Functional Area, including any Project.
"Agency" means any authority, board, committee, or other third party authorized to carry out any functions or Activities under this Agreement on behalf of [/:Name].
"Agreement" means this Funding Agreement and includes all Schedules and any amendments to this Agreement.
"CIRNAC" stands for Crown-Indigenous Relations and Northern Affairs Canada, an applied title for the Department of Indian Affairs and Northern Development (DIAND).
"Consolidated Audited Financial Statements" means [/:Name]'s annual consolidated financial statements that are prepared and audited in accordance with the Reporting Guide.
"Contribution Funding" means Set Funding, Fixed Funding and Flexible Funding.
"Cost-Sharing" means a requirement set out in Schedule 4 or Schedule 6 for [/:Name] to supplement any Set, Fixed, or Flexible Funding for an Activity with funding from other sources.
"Crown" means Her Majesty the Queen in right of Canada.
"days" means calendar days, unless otherwise indicated.
"Delivery Requirements" means the requirements for Contribution Funding set out in Schedule 4 and 6.
"Federal Department" means a federal department or federal government institution with respect to which a Minister representing the Crown in this Agreement presides and through which the Crown provides any of the Funding.
"Fiscal Year" means any period during the term of this Agreement, commencing on April 1st and ending on March 31st of the year immediately following, and includes part thereof in the event this Agreement commences after April 1st or expires or terminates before March 31st.
"Fixed Funding" means that portion of the Funding, if any, set out in Schedule 3 under the heading "Fixed Funding".
"Flexible Funding" means that portion of the Funding, if any, set out in Schedule 3 under the heading "Flexible Funding".
"Funding" means the amounts payable or paid by Canada to [/:Name] under this Agreement, consisting of all Set Funding, Fixed Funding, Flexible Funding and Grant Funding.
"Grant Funding" means that portion of the Funding, if any, set out in Schedule 3 under the heading "Grant Funding" and that is subject to Canada's pre-established eligibility requirements.
"ISC" means the Department of Indigenous Services Canada.
"main body of this Agreement" means that portion of this Agreement that precedes this Schedule.
"Management Action Plan" means a plan, developed by [/:Name] and acceptable to Canada, which reflects measures to be taken by [/:Name] to remedy a default under this Agreement as it applies with Contribution Funding.
"Notice of Budget Adjustment" or "NOBA" means a notice, issued by Canada, which amends this Agreement to adjust Funding and/or periodic advance payments in accordance with section 7 of the main body of this Agreement.
"Project" means any project described in Schedule 6.
"Reporting Guide" means the applicable reporting guide for each Fiscal Year issued by Canada prior to the commencement of that Fiscal Year that sets out accounting and reporting requirements for this Agreement.
"Schedule" means any schedule to this Agreement.
"Set Funding" means that portion of the Funding, if any, set out in Schedule 3 under the heading "Set Funding".
Schedule 2: Contribution funding (set, fixed, flexible) ang grant funding
1. Application
1.1 All Set, Fixed, Flexible, and Grant Funding will be provided subject to and in accordance with: (i) the main body of this Agreement; (ii) this Schedule; and (iii) the applicable terms of the other Schedules.
2. Set Funding
2.1 [/:Name] may only expend Set Funding:
- for each of the Activities for which it is allocated in Schedule 3 under the heading Set Funding (or SET) or reallocated in accordance with this section;
- in accordance with the terms and conditions of this Agreement for those Activities, including those set out in the Delivery Requirements; and
- during the Fiscal Year in which the annual amount of the Set Funding is payable by Canada.
2.2 [/:Name] may, with the written agreement of Canada, reallocate any Set Funding among any Functional Areas within the same Budget Activity set out in Schedule 3 during the same Fiscal Year.
2.3 [/:Name] shall immediately notify Canada in writing during a Fiscal Year if it anticipates having unexpended Set Funding for that Fiscal Year.
2.4 If, at the end of a Fiscal Year and following any reallocation permitted in this section, [/:Name] has not expended all Set Funding as allocated for each Activity for that Fiscal Year, [/:Name] shall repay the unspent amount to Canada. If Cost-Sharing applies to the Activity, [/:Name] shall instead repay to Canada an amount, proportional to Canada's funding share, of the unspent amount from all sources.
2.5 Subject to the funding provisions of this Agreement, Canada shall reimburse to [/:Name] any shortfall in Set Funding for any Activity that is described in the Delivery Requirements as being subject to full reimbursement.
3. Fixed Funding
3.1 [/:Name] may only expend Fixed Funding:
- for each of the Activities for which it is allocated in Schedule 3 under the heading Fixed Funding (or FIXED) or reallocated in accordance with this section; and
- in accordance with the terms and conditions of this Agreement for those Activities, including those set out in the Delivery Requirements.
3.2 Unless Schedule 4 or Schedule 6 provides otherwise, [/:Name] may reallocate any Fixed Funding among any Functional Area within the same Budget Activity set out in Schedule 3 during a Fiscal Year, provided that Activities are delivered in that Fiscal Year.
3.3 Subject to paragraph 29.2(c) of the main body of this Agreement, [/:Name] may retain and use unexpended Fixed Funding from a Fiscal Year in respect of an Activity funded by Fixed Funding, if all of the following conditions have been met:
- [/:Name] expends the unexpended Fixed Funding in the 1 year period immediately following the Fiscal Year for which the Fixed Funding was provided, including the 1 year after the expiry of the agreement, if applicable:
- on an Activity that is similar to and has the same purpose as the Activity for which the Fixed Funding was provided; or
- in accordance with a plan for expenditure of the unexpended Fixed Funding that is submitted by [/:Name] to Canada within 120 days after the end of that Fiscal Year and that Canada accepts by way of notice to [/:Name];
- [/:Name] reports on its expenditure of the unexpended Fixed Funding in accordance with the Reporting Guide.
3.4 Subject to subsections 3.2 and 3.3, if [/:Name] has not expended all Fixed Funding allocated for each Activity for that Fiscal Year, [/:Name] shall repay the unspent amount to Canada. If Cost-Sharing applies to the Activity, [/:Name] shall instead repay to Canada an amount, proportional to Canada's funding share, of the unspent amount from all required sources.
4. Flexible Funding
4.1 [/:Name] may only expend Flexible Funding:
- for each of the Activities for which it is allocated in Schedule 3 under the heading Flexible Funding (or FLEX) or reallocated in accordance with this section; and
- in accordance with the terms and conditions of this Agreement for those Activities including those set out in the Delivery Requirements.
4.2 Unless Schedule 4 or Schedule 6 provides otherwise, [/:Name] may reallocate any Flexible Funding among any other Functional Areas that have Flexible Funding that falls under the same Program Inventory (and within the same Program Service Area), during a Fiscal Year, provided that all Mandatory Activities, funded by Flexible Funding are delivered in that Fiscal Year.
4.3 Subject to paragraph 29.2(c) of the main body of this Agreement, if at the end of a Fiscal Year other than the final Fiscal Year, [/:Name] has not expended all Flexible Funding for that Fiscal Year, [/:Name] may retain the unspent amount for expenditure in a subsequent Fiscal Year if all of the following conditions are met:
- [/:Name] expends the unexpended Flexible Funding:
- on an Activity that is similar to and has the same purpose as the Activity for which the Flexible Funding was provided; or
- in accordance with a plan for expenditure of the unexpended Flexible Funding that is submitted by [/:Name] to Canada within 120 days after the end of that Fiscal Year and that Canada accepts by way of notice to [/:Name]; and
- [/:Name] reports on its expenditure of the unexpended Flexible Funding in accordance with the Reporting Guide.
4.4 Subject to subsection 4.3, following any reallocation permitted in this section, [/:Name] shall repay any unexpended Flexible Funding following the expiry or termination of this Agreement. If Cost-Sharing applies to the Activity, [/:Name] shall instead repay to Canada an amount, proportional to Canada's funding share, of the unspent amount from all required sources.
5. Grant Funding
5.1 [/:Name] may only expend the Grant Funding for the Activities for which it is allocated in Schedule 4 under the heading Grant Funding.
5.2 Subject o paragraph 29.2(c) of the main body of this Agreement, [/:Name] may retain any unexpended Grant Funding in a subsequent Fiscal Year and after the expiry of this Agreement.
5.3 If at any time, [/:Name] no longer meets Canada's eligibility requirements for Grant Funding for any Activity, Canada may require [/:Name] to repay to Canada up to the full amount of the Grant Funding paid to [/:Name] for that Activity of the Grant Funding.
Schedule 3: Funding and schedule of payments
[Regional Office will insert]
Schedule 4: Delivery requirements and funding adjustment factors
1. Application
1.1 This Schedule does not apply to Projects under Schedule 6.
CIRNAC Activities
[COMMENT]Note: The following national program delivery requirements for the purpose of the funding provided pursuant to this Agreement are to be numbered.[/COMMENT]
2. Activities Funded by Set, Fixed and Flexible Funding for CIRNAC
| ACTIVITY | DELIVERY REQUIREMENTS | COST-SHARING | ADJUSTMENT FACTOR |
|---|---|---|---|
| [COMMENT] NOTE: THE REGIONS' SPECIFIC PRACTICES, AS AT AGREEMENT ENTRY, ARE TO BE DESCRIBED HERE IN ACCORDANCE WITH HQ PROGRAM INSTRUCTIONS (PROGRAM T&C) [/COMMENT] | |||
| Claims Implementation - Contributions | [/:Name] shall carry out activities in accordance with the Land Claim Agreement and CIRNAC approved work plans. | insert an Adjustment Factor when applicable | |
| Governance and Institutions of Government/ Representative Institutions |
[/:Name] shall carry out all the activities set out in its proposal dated which were approved by CIRNAC on Month, Day, Year. | insert an Adjustment Factor when applicable | |
| Aboriginal Financial Officers Association of Canada | [/:Name] shall carry out all the activities set out in its proposal dated Month, Day, Year which were approved by CIRNAC on Month, Day, Year. | insert an Adjustment Factor when applicable | |
| Consultation and Policy Development - Governance | [/:Name] shall carry out all the activities in the approved work plan, dated according to the agreed upon terms and conditions. | insert an Adjustment Factor when applicable | |
| First Nation Fiscal Management Act | First Nation Tax Commission [/:Name] shall carry out all programs, services, and activities set out in the First Nation Tax Commission Annual Corporate Plan [insert fiscal year]. First Nation Financial Management Board [/:Name] shall carry out all "strategies" for each "business line" of the First Nations Financial Management Board Annual Corporate Plan [insert fiscal year]. First Nation Finance Authority [/:Name] shall carry out all "strategies" for each "business line" of the First Nations Finance Authority proposal approved by CIRNAC. |
insert an Adjustment Factor when applicable | |
| Cree-Naskapi Commission | [/:Name] shall carry out activities in accordance with the Land Claim Agreement and CIRNAC approved work plans. | insert an Adjustment Factor when applicable | |
| Treaty Commissions | [/:Name] shall carry out project activities in accordance with the approved work plan, budget, and terms and conditions, dated [Month, Day, Year] | insert an Adjustment Factor when applicable | |
| Exploratory Treaty Tables | [/:Name] shall carry out project activities in accordance with the approved work plan, budget, and terms and conditions, dated [Month, Day, Year]. | insert an Adjustment Factor when applicable | |
| Intergovernmental Forums | [/:Name] shall carry out all the activities in accordance with[associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for [Name of Project]. | insert an Adjustment Factor when applicable | |
| Basic Organizational Capacity Program | In compliance with the Basic Organizational Capacity Program, [/:Name] shall carry out the activities in accordance with the approved work plan, budget, and terms and conditions, dated [Month, Day, Year]. | insert an Adjustment Factor when applicable | |
| Federal Initiative on Consultation | [/:Name] shall carry out activities in accordance with the approved proposal, terms and conditions, work description, work plan, and budget dated [Month, Day, Year]. | insert an Adjustment Factor when applicable | |
| Independent Assessment Process - Group |
[/:Name] shall carry out activities in accordance with the attached Project Description for the Group Independent Assessment Process. | insert an Adjustment Factor when applicable | |
| Commercial Leasing | [/:Name] shall carry out activities in accordance with the Community Economic Opportunity Program National Guidelines and the approved statement of work dated [Month, Day, Year]. | insert an Adjustment Factor when applicable | |
| Devolution | [/:Name] shall carry out project activities in accordance with the approved project plan and terms and conditions. | insert an Adjustment Factor when applicable | |
| Arctic Recipient | [/:Name] shall carry out Circumpolar initiatives in accordance with Arctic Recipient/Canada-Russia Arctic Cooperation Guidelines and [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for [Name of project]. | insert an Adjustment Factor when applicable | |
| Nutrition North Canada (NNC) | [/:Name] shall administer the Nutrition North Canada Program in accordance with the Nutrition North Canada Program - National Manual issued by CIRNAC as amended from time to time and the Recipient will provide all available information on the current profit margins and profit margin over time upon request. | insert an Adjustment Factor when applicable Adjustment Factor: The Funding provided to the Recipient can be adjusted by CIRNAC to reflect changes in the amount of kilos shipped, changes in subsidy rates and/or changes in communities served. Unless agreed to by the Department, administration fees will not be increased. |
|
| Northern Contaminants Program | [/:Name] shall carry out Northern Contaminants Program activities in accordance with the Northern Contaminants Program Guidelines and CIRNAC approved plans, including project terms and conditions. | insert an Adjustment Factor when applicable | |
| Inuit Counselling in the South | [/:Name] shall carry out Inuit Counseling in the South activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for [Name of project]. | insert an Adjustment Factor when applicable | |
| First Nations Oil and Gas Money Management Act - Implementation | [/:Name] shall carry out activities in accordance with the approved First Nations Oil and Gas Management Act Implementation Plan dated [Month, Day, Year], including the terms and conditions outlined in the plan. | insert an Adjustment Factor when applicable | |
| Oil & Gas Science | [/:Name] shall carry out activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for [Name of project]. | insert an Adjustment Factor when applicable | |
| Contaminated Sites FCSAP - Non-FCSAP Remediation | 1.0 [/:Name] shall undertake the activities in accordance with the Detailed Work Plan dated [Month, Day, Year]. 2.0 The implementation of the activities will be subject to the project management and governance framework as set out in the Detailed Work Plan dated [Month, Day, Year]. |
insert an Adjustment Factor when applicable | |
| Contaminated Sites FCSAP, Non-FCSAP Consultation and/or Engagement | [/:Name] shall carry out activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for [Name of project]. | insert an Adjustment Factor when applicable | |
| Land and Water | [/:Name] shall carry out project activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for [Name of project]. | insert an Adjustment Factor when applicable | |
| Renewable Resources Resource Policy - General | [/:Name] shall carry out project activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for [Name of project]. | insert an Adjustment Factor when applicable | |
| Northern Boards | [/:Name] shall carry out project activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for [Name of project]. | insert an Adjustment Factor when applicable | |
| Northern Sustainable Development - Conservation and Protection | [/:Name] shall carry out project activities in accordance with [associated program terms and conditions] [and] or [approved work plan] or [proposed work plan] [and] or [the proposal] [and] [related budget] for [Name of project]. | insert an Adjustment Factor when applicable | |
| Emergency Management Assistance | [/:Name] shall provide Emergency Management Assistance activities in accordance with the terms and conditions found in the CIRNAC approved statement of work for [Insert name of activity being funded] and dated [Month, Day, Year]. | insert an Adjustment Factor when applicable | |
| Lands and Economic Development Services Program: Targeted funding | [/:Name] shall carry out activities in accordance with the Lands and Economic Development Program Guidelines, as amended from time to time, and with the terms and conditions in the statement of work dated [Month, Day, Year]. | insert an Adjustment Factor when applicable | |
| Matrimonial Real Property Implementation Support Program | [COMMENT] Use the following text when funding the Recipient hosting the Centre of Excellence:[/COMMENT] [/:Name] shall carry out all services and activities set out in the ''Terms and conditions Related to the Establishment and Maintaining the Centre of Excellence for Matrimonial Real Property'' provided to the Recipient on [Month, Day, Year], and its work plan dated [Month, Day, Year], which was approved by CIRNAC on [Month, Day, Year]. [COMMENT]Use the following text when funding Other Recipients: [/COMMENT] [/:Name] shall carry out all services and activities set out in its work plan dated [Month, Day, Year], which was approved by CIRNAC on [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 | [/:Name] shall carry out activities in accordance with the Program Guidelines and the CIRNAC approved plans, including the Treasury Board approved project terms and conditions. | insert an Adjustment Factor when applicable | |
| Inherent Right – NG70 (Self-Government Negotiation) |
[/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement. | |
| Governance Capacity Development – NG71 | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement. | |
| Discussion Tables – NG8R | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement. | |
| Comprehensive Claims and Treaties – NG8U | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement. | |
| Negotiation Preparedness – NG85 | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement. | |
| Non-Treaty Agreements - Incremental Agreements – NG87 | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement. | |
| Enrollment and Ratification Activities – NG8A | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement. | |
| Indigenous Nation Rebuilding – NG9V | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement. | |
| Inherent Right – Consultation – NG78 | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement. | |
| Assessment & Historical Research | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement. | |
| Comprehensive Claims Submission – NG7W | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement. | |
| Specific and Special Claims Submission – NGBL | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement | |
| Specific Claims Tribunal Activities – NGBM | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement | |
| Specific Claims Negotiations – NGBA | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement | |
| Office of the Treaty Commissioner – NGL0 | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement | |
| Treaty Commissions & Discussions – NGL1 | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement | |
| Indigenous Nations Rebuilding - NG9V | [/:Name] shall carry out activities in accordance with the agreed upon work plan, and/or work description/proposal, and related budget. | The budget is set at the start of the Agreement and may be adjusted during the life of the Agreement | |
| Interlocutor Program - General -Building Governance Capacity -Tripartite -Bilateral Relations -Metis Contributions to Canada -Aboriginal Relations Canada |
[/:Name] shall carry out the project activities in accordance with the approved work plan, dated [Month, Day, Year] , as well as any other terms and conditions set out in this Agreement. [/:Name] shall report on its progress in achieving the objectives, activities, and expected outcomes as specified in the approved work plan. | insert an Adjustment Factor when applicable | |
| Federal Initiative on Consultation -Federal Initiative on Consultation -Interministerial efforts |
[/:Name] shall carry out the project activities in accordance with the approved work plan, dated [Month, Day, Year] , as well as any other terms and conditions set out in this Agreement. [/:Name] shall report on its progress in achieving the objectives, activities, and expected outcomes as specified in the approved work plan. | insert an Adjustment Factor when applicable | |
| Metis Rights Management -Metis Rights Management |
[/:Name] shall carry out the project activities in accordance with the approved work plan, dated [Month, Day, Year] , as well as any other terms and conditions set out in this Agreement. [/:Name] shall report on its progress in achieving the objectives, activities, and expected outcomes as specified in the approved work plan. | insert an Adjustment Factor when applicable | |
| Indigenous Community-Based Climate Monitoring Program | [/:Name] shall carry out Indigenous Community-Based Climate Monitoring Program activities in accordance with the approved project plan and agreed-upon terms and conditions dated [proposal submission date] | insert an Adjustment Factor when applicable | |
| Climate Change Preparedness in the North | [/:Name] shall carry out Climate Change Preparedness in the North activities in accordance with the approved project plan and agreed-upon terms and conditions dated [proposal submission date] | insert an Adjustment Factor when applicable | |
| Climate Policy Engagement | [/:Name] shall carry out Climate Policy Engagement activities in accordance with the approved project plan and agreed-upon terms and conditions dated [proposal submission date] | insert an Adjustment Factor when applicable | |
| First Nation Adapt | [/:Name] shall carry out First Nation Adapt activities in accordance with the approved project plan and agreed- upon terms and conditions dated [proposal submission date] | insert an Adjustment Factor when applicable | |
| Northern REACHE | [/:Name] shall carry out Northern REACHE activities in accordance with the approved project plan and agreed- upon terms and conditions dated [proposal submission date] | insert an Adjustment Factor when applicable | |
| Aboriginal Entrepreneurship Program - Business Capital and Support Services |
[/:Name] shall carry out activities in accordance with the Program Guidelines and ISC approved operational plans, including the terms and conditions in the plan approvals. | insert an Adjustment Factor when applicable | |
| Aboriginal Entrepreneurship Program- Business Opportunities | [/:Name] shall carry out activities in accordance with the Program Guidelines and ISC approved operational plans, including the terms and conditions in the plan approvals. | insert an Adjustment Factor when applicable | |
| Strategic Partnerships Initiative Program | [/:Name] shall carry out the activities in accordance with the Strategic Partnerships Initiative (SPI) Program Guidelines and ISC approved projects as outlined in the Statement of Work, including the project terms and conditions. The additional terms and conditions in the Statement of Work are applicable only to the delivery of this Program. | insert an Adjustment Factor when applicable |
Schedule 5: Reporting and due dates
[Regional Office will insert]
Schedule 6: Projects
[COMMENT] If there will be more than one Project in this Schedule, add the following heading and commence each additional Project Schedule with a sequentially lettered heading [/COMMENT]
PROJECT A
1. Project Description
1.1 [COMMENT] Briefly set out the Project name and the purpose of the Project. If you wish to name a program spending authority, make sure it is consistent with the listing of the Project funding under Schedule 3 [/COMMENT]
2. Project Funding
2.1 The funding that Canada shall contribute to [/:Name] for this Project is set out below and is included in Schedule 3. This funding may only be used, with respect to this Project, by [/:Name] for the eligible expenditure categories listed in the chart below, between (YYYY/MM/DD) to (YYYY/MM/DD). Any eligible expenditure category amounts set out in the right column of the chart are budgetary estimates which [/:Name] may adjust based on available funding for this Project.
2.2 For greater certainty, all applicable conditions in Schedule 2, apply to this funding:
| Eligible Expenditures | Project Funding |
|---|---|
| Fiscal Year X | |
| Salaries and Benefits | 0 |
| FCM/CANDO meetings | 0 |
| Survey preparation and distribution | 0 |
| Overhead | 0 |
| Maximum Funding for Fiscal Year X | 0 |
| Eligible Expenditures | Project Funding |
|---|---|
| Fiscal Year Y | |
| Salaries and Benefits | 0 |
| Community Site Visits | 0 |
| FCM/CANDO Meetings | 0 |
| Overhead | 0 |
| Maximum Funding for Fiscal Year Y | 0 |
| Project Funding | |
|---|---|
| Maximum Funding for All Fiscal Years | 0 |
3. Project, Delivery Requirements, Milestones and Outcomes
[COMMENT] Insert details of Project activities, delivery requirements, milestones and outcomes as necessary and appropriate[/COMMENT]
3.1
3.2
[COMMENT] Include the following section and add needed content where Cost-Sharing applies to the Project. If it does not apply, re-number sequential provisions below or insert "Intentionally Omitted" beside this section number [/COMMENT]
4. Cost-Sharing
4.1 Canada shall not be obliged to provide any funding for this Project unless [/:Name] obtains funding from the following sources and in accordance with any minimums noted:
(a)
(b)
(c)
[COMMENT] Include the following section and add needed content where Adjustment Factors apply to the Project. If it does not apply, re-number sequential provisions below or insert "Intentionally Omitted" beside this section number [/COMMENT]
5. Adjustment Factor
5.1 Canada may increase or decrease the maximum funding for this Project based on the following adjustment factors:
(a)
(b)
(c)
[COMMENT] Include the following section and add needed content only where a "Pool" of funds applies to the Project. If it does not apply, re-number sequential provisions below or insert "Intentionally Omitted" beside this section number [/COMMENT]
6. Pooled Funds
6.1 Schedule 3 sets out an amount of pooled funds that Canada shall pay to [/:Name] after eligible expenditures, as set out in the chart above in 2, are made, and if [/:Name] meets the following conditions:
(a)
(b)
(c)
[COMMENT] Include the following section when Fixed or Flexible Funding is the chosen funding approach for the Project. For other funding approaches, re-number sequential provisions below or insert "Intentionally Omitted" beside this section number [/COMMENT]
7. Hold Back
7.1 Canada may hold back 10% of the maximum funding for this Project; to be released within 45 days of completion of all reports set out in Schedule 5 that are related to this Project, to the satisfaction of Canada, subject to subsection 13.1 and section 24 of the main body of this Agreement.
[COMMENT] The following optional clause may be used when the second option for section 19.1 of the main body of this Agreement is used. [/COMMENT]
8. Insurance Coverage
8.1 [/:Name] shall maintain insurance coverage sufficient to protect the assets and human resources used in this Project against any reasonably foreseeable risks.
8.2 [/:Name] shall, at a minimum, maintain insurance for the duration of this Project.
8.3 [/:Name] shall bear all costs related to insurance.
Schedule 7: Management action plan
Note: Here will be attached [:/Name]'s Management Action Plan, if applicable
Schedule 8: Additional federal departments terms and conditions
[Regional Office will insert if applicable]