Grants to reimburse treaty negotiation loans to indigenous groups who have settled a comprehensive land claim
On this page
- Introduction
- Legal and policy authority
- Purpose, program objectives and expected results
- Eligibility
- Total Canadian government funding and stacking limits
- Method for determining the amount of funding
- Maximum amount payable
- Basis on which payments will be made
- Reconciliation process: application requirements and assessment criteria
- Due diligence and reporting
- Official languages
- Other terms and conditions
1. Introduction
Elimination of Loans:
A reform of the Negotiation Support Funding program was undertaken in 2018, resulting in the approval to eliminate the use of loans to support negotiations and substituting them with non-repayable contribution funding. A further reform was undertaken in 2019 which is forgiving Indigenous groups’ outstanding comprehensive land claim negotiation loan debt and reimbursing groups that have already reached a comprehensive claims settlement to account for the negotiation loan debt they have repaid.
These terms and conditions, effective April 1, 2020, apply to transfer payments made to support the reimbursement of comprehensive land claim negotiation loans issued by Canada and have been repaid or are under repayment as a result of the conclusion of a comprehensive land claim.
Note: Comprehensive land claim loans are treated differently than specific claim loans. Specific claim loans repaid are not eligible for reimbursement. When specific claims are settled, the costs to repay loans are added to the settlement amount of the claim. Comprehensive land claim loans are deducted from the final settlement amount making them eligible for reimbursement.
2. Legal and policy authority
- Department of Crown-Indigenous Relations and Northern Affairs Act, S.C. 2019, c. 29, s. 337
3. Purpose, program objectives and expected results
The overall objective is to ensure that Indigenous groups, who have repaid their comprehensive land claim negotiation loan debt resulting from their comprehensive claims settlements, are treated fairly and compensated for this amount.
The nature of the repayment of loan debt repaid to Canada as a result of a settled comprehensive land claim does not lend itself to the development of direct targets/indicators as it is funding provided for a unique one-time transaction and gesture of reconciliation, ensuring fair treatment between groups for which loans were forgiven and those groups who have already settled their claims by reimbursing any monies already repaid to Canada and providing the means with which to further their achievements in gap-closing investment opportunities.
The expected result is that all groups who have repaid their comprehensive land claim negotiation loan debt are reimbursed according to the schedule of payments contained in the letter sent to each Indigenous group.
Performance results will be reported in Crown-Indigenous Relations and Northern Affairs Canada’s (CIRNAC) Departmental Plans and Departmental Results Report.
In the Departmental Results Framework, this authority falls under the core responsibility, Rights and Self-Determination.
4. Eligibility
Eligible recipients
Indigenous groups who have successfully concluded a comprehensive land claim and have repaid all or a portion of their comprehensive land claim negotiation loan debt to Canada.
Type and Nature of Eligible Expenditures
The eligible expenditures will be the total amount of comprehensive land claim negotiation loan debt repaid to Canada by Indigenous groups with a concluded comprehensive land claim agreement, at the value at the time of repayment.
Indigenous groups will be required to demonstrate the amount of repaid negotiation loan debt, payment schedule and payment dates.
5. Total Canadian government funding and stacking limits
Total government assistance for the same purpose and eligible expenditures shall not exceed 100% of the eligible expenditures.
6. Method for determining the amount of funding
The grant amount is determined by reconciling the amounts in the final agreements in effect with the amounts recorded in the department’s financial systems or by additional evidence provided by the Indigenous groups and agreed to by the department. Should there be any discrepancies in the amounts, the department will reimburse at the amount stated in the department’s financial system of record.
7. Maximum amount payable
The maximum amount payable to the eligible recipients will not exceed the amount of comprehensive land claim negotiation loan debt repaid to Canada.
8. Basis on which payments will be made
Payments are made in accordance with the acceptance of the amount repaid by the Indigenous groups as verified by the department. Equal payments will be made over 5 years, commencing April 1, 2020, and according to the schedule included in the allocation letter sent to each Indigenous group confirming the amounts to be reimbursed. These payments are subject to the funds being annually appropriated.
9. Reconciliation process: application requirements and assessment criteria
Indigenous groups who have repaid or are in the process of repaying their comprehensive land claim negotiation loan debt to Canada as a result of the settlement of a comprehensive claim will be notified via letter from the Treaties and Aboriginal Government, Fiscal Branch Director General that they are eligible for reimbursement and to formally initiate the reconciliation of amounts to be reimbursed.
Upon receipt of the Indigenous groups’ (the applicant) estimated reimbursement amount; the department will assess these amounts against information from the departmental financial systems.
Where the department is in agreement with the estimated reimbursement amount submitted by the applicant, it will inform the applicant, via e-mail and the formal allocation letter that their estimated reimbursement amount reconciles with the amount in the departmental financial system. The notification will include the confirmed amount of loans repaid as per departmental records and the schedule of payments over 5 years, starting April 1, 2020.
Where the department is in disagreement with the estimated reimbursement amount submitted, it will inform the applicant and confirm the amount of repaid comprehensive land claim negotiation loans that will be eligible for reimbursement according to departmental records.
- Applicants who are in disagreement with the amount determined eligible to be reimbursed must submit evidence that supports a different amount of repaid comprehensive land claim negotiation loans. Evidence can be in the form of audited financial statements, bank/trust records that show amount deducted from capital transfer or some other similar documentation; however, all evidence must include the following: dates of repayment, the amount, and purpose, e.g. comprehensive land claim negotiation loanFootnote 1.
10. Due diligence and reporting
The evaluation process or criteria to be used to assess the effectiveness of the program will be addressed through the Performance Measurement Strategy. This examination may include, but is not limited to: programming/initiative rationale, success, cost-effectiveness, design and delivery, results achieved, and the nature of impacts and effects resulting from the implementation of the initiative.
Success will be measured by the amount of reimbursements concluded and paid to claimants with a target of 100 percent by March 31, 2025.
11. Official languages
The department will ensure that any member of the public can communicate with and obtain available services from the department, in relation to this program, in accordance with Part IV of the Official Languages Act.
12. Other terms and conditions
Not applicable