Comprehensive Funding Agreement 2021-2022

Table of contents

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by [COMMENT]Insert only the Minister(s) in which the source of funding is originating and whose financial system in which the agreement is recorded (For example, if the agreement is in ISC GCIMS, the Minister of ISC must be named in the agreement, even if the initial source of funding comes from CIRNAC). If the agreement includes funding related to both Ministers of CIRNAC, both of them must be inserted. When the agreement involves OGDs (i.e. multi-departmental), insert the legal name of Minister(s) of other funding department(s). All departments listed in this section should also be listed in section 12.7.[/COMMENT] the Minister of Crown-Indigenous Relations and the Minister of Northern Affairs ("Canada").

AND:

[COMMENT]Select from 1 of the following 4 options:
1. Select this option if the party receiving funding is a First Nation.
Insert full legal name for FullLegalName.
Insert any name or short form to be chosen by the First Nation for the Name or insert the ''Council''. If applicable for grammatical purposes, insert the word "the" before the name or short form.[/COMMENT]
[/:FullLegalName], a First Nation that is a "band" as defined in the Indian Act, as represented by its Chief and Councillors ("[/:Name]").

[COMMENT] 2. Select this option if the party receiving funding is a Tribal Council.
Insert full legal name for the FullLegalName.
Insert non-profit corporation, corporation or society as applicable for the CompanyType.
Insert Canada or the Province or the Territory for IncorporatedJurisdiction.
Insert any name or short form to be chosen by the Tribal Council for the Name or insert the ''Council''. If applicable for grammatical purposes, insert the word "the" before the name or short form.[/COMMENT]
[/:FullLegalName], a Tribal Council, a [/:CompanyType], incorporated or established under the laws of [/:IncorporatedJurisdiction] and represented by its directors ("[/:Name]").

[COMMENT] 3. Select this option if the party receiving funding is a corporation or society but not a Tribal Council: Note that the jurisdiction of incorporation may be federal (i.e. the Canada Not-for-profit Corporations Act) or provincial/territorial. Records of incorporation should be kept on file and updated.
Insert full legal name for the FullLegalName.
Insert non-profit corporation, corporation or society as applicable for the CompanyType.
Insert Canada or the Province or the Territory for IncorporatedJurisdiction.
Insert any name or short form to be chosen by the entity for the Name of insert the ''Recipient''. If applicable for grammatical purposes, insert the word "the" before the name or short form.[/COMMENT]
[/:FullLegalName], a [/:CompanyType], incorporated or established under the laws of [/:IncorporatedJurisdiction] ("[/:Name]").

[COMMENT] 4. If the party receiving funding is an Inuit organization (corporation or society), use the following and describe the entity:
Insert full legal name for the FullLegalName.
Insert corporation or society as applicable for the CompanyType.
Insert Canada or the Province or the Territory for IncorporatedJurisdiction.
Insert any name or short form to be chosen by the entity for the Name or insert the ''Recipient''. If applicable for grammatical purposes, insert the word "the" before the name or short form.[/COMMENT]
[/:FullLegalName], a non-profit [/:CompanyType], incorporated or established under the laws of [/:IncorporatedJurisdiction] ("[/:Name]").

Preamble

WHEREAS the parties wish to enter into an agreement for the funding of certain Activities to be delivered by [/:Name].

[COMMENT] If the party receiving funding is a First Nation, also include the following text[/COMMENT]

WHEREAS this Agreement has been developed in the context of an ongoing initiative to establish a new fiscal relationship ("NFR") between First Nations and the Crown, whereby First Nations and the Crown seek to co-develop new approaches:

[COMMENT] If the party receiving funding is a First Nation or Tribal Council and it wishes to include a reference to Treaties, the following are the clauses which have been authorized for use.[/COMMENT]

WHEREAS the Crown entered into Treaty No. [/:TreatyNumber] with certain First Nations.

WHEREAS the parties acknowledge and recognize the historical and contemporary importance of the treaties to the relationship between the Crown and the First Nation(s) of [/:Name].

[COMMENT] If the party receiving funding is a First Nation or Tribal Council and it wishes to include a reference to the fiduciary relationship of the Crown and First Nations, the following is the clause which has been authorized for use.[/COMMENT]

WHEREAS Canada and [/:Name] intend that nothing in this Agreement will have the effect of, or be interpreted as, limiting or expanding any fiduciary relationship between the Crown and First Nations people.

[COMMENT] If the party receiving funding is a First Nation, also include the following text.[/COMMENT]

WHEREAS the parties anticipate that the terms and conditions of this Agreement may evolve over time and that such changes may be informed by policy processes between Canada and First Nations arising from their NFR. Such changes may be introduced by way of amendments to this Agreement or through any successor agreements.

NOW THEREFORE, the parties agree as follows:

1 Duration

1.1 This Agreement will be in effect from [/:AgreementEffectiveDate] (the "effective date") and will expire on [/:AgreementExpirationDate] (the "expiry date"), 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 of the Activities in the community or communities that it serves.

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 The parties shall implement this Agreement in a spirit of cooperation and in good faith but each party shall act on its own behalf and not on behalf of the other party.

4.2 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 neither party will represent itself to any third party as acting on behalf of the other, as being a joint-venturer, legal partner, a service procurer, service contractor, principal, agent or delegate of the other party.

[COMMENT]If the party receiving funding wishes to include a reference to Non-Derogation, it may choose to include any or all of the following clauses 5.1 (a) to (d).[/COMMENT]

5 Non-Derogation

5.1 Nothing in this Agreement will be construed to diminish, abrogate, derogate from, or prejudice any treaty or Aboriginal rights of [/:Name] and nothing in this Agreement will:

  1. prejudice whatsoever any applications, negotiations or settlements with respect to land claims or land entitlement between the Crown and [/:Name];
  2. prejudice whatsoever the implementation of the inherent right to self-government nor prejudice in any way negotiations with respect to self-government involving [/:Name];
  3. be construed as modifying any existing treaty; or
  4. be construed to create a treaty within the meaning of the Constitution Act, 1982.

[COMMENT]If the party receiving funding is a Tribal Council and wishes to include a reference to Non- Derogation, it may choose to include any or all of the following clauses 5.1 (a) to (d). Please insert the Member First Nation legal names into the MemberFirstNation(s)LegalName.[/COMMENT]

5 Non-Derogation

5.1 Nothing in this Agreement will be construed to diminish, abrogate, derogate from, or prejudice any treaty or Aboriginal rights of the [/:MemberFirstNation(s)LegalName] and nothing in this Agreement will:

  1. prejudice whatsoever any applications, negotiations or settlements with respect to land claims or land entitlement between the Crown and the [/:MemberFirstNation(s)LegalName];
  2. prejudice whatsoever the implementation of the inherent right to self-government nor prejudice in any way negotiations with respect to self-government involving the [/:MemberFirstNation(s) LegalName];
  3. be construed as modifying any existing treaty; or
  4. be construed to create a treaty within the meaning of the Constitution Act, 1982.

[COMMENT]If the party receiving funding is a corporation or society and wishes to include a reference to Non- Derogation, it may choose to include any or all of the following clauses 5.1 (a) to (d). Please insert the insert host First Nation(s) legal name into the HostFirstNation(s)LegalName.[/COMMENT]

5 Non-Derogation

5.1 Nothing in this Agreement will be construed to diminish, abrogate, derogate from, or prejudice any treaty or Aboriginal rights of the [/:HostFirstNation(s)LegalName] and nothing in this Agreement will:

  1. prejudice whatsoever any applications, negotiations or settlements with respect to land claims or land entitlement between the Crown and the [/:HostFirstNation(s)LegalName];
  2. prejudice whatsoever the implementation of the inherent right to self-government nor prejudice in any way negotiations with respect to self-government involving the [/:HostFirstNation(s)LegalName];
  3. be construed as modifying any existing treaty; or
  4. be construed to create a treaty within the meaning of the Constitution Act, 1982.

[COMMENT]If the party receiving funding does not wish to include a reference to Non-Derogation, include the following.[/COMMENT]

5 Intentionally Omitted

6 Funding

6.1 Subject to the terms and conditions of this Agreement, Canada shall transfer the Funding to [/:Name] periodic payments set out in Schedule 3.

6.2 The parties acknowledge that, if this is a multi-year agreement, not all of the 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 formulas or adjustment factors set out in Schedule 4, or other amendment process. Amendments to Schedule 3 for this purpose may be made by way of a Notice of Budget Adjustment (NOBA) or other amendment process.

7 Notice of Budget Adjustment (NOBA)

7.1 Canada may, by NOBA, amend Schedule 3 in order to adjust the Funding and/or periodic 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:

  1. reduce overall Funding except according to an adjustment factor or formula set out in Schedule 4; or
  2. modify the terms and conditions of this Agreement, except as provided for in subsection 7.1.

[COMMENT] Include the following section when more than one Federal Department contributes any of the Funding under this Agreement. Otherwise select the following "Intentionally Omitted" section.[/COMMENT]

8 Multiple Departments

8.1 Canada's rights and obligations under this Agreement may be carried out by any Federal Department.

8 Intentionally Omitted

9 Funding Subject to Appropriations and Departmental Funding Authorities

9.1 The payment of any Funding is subject to there being an appropriation for the Fiscal Year in which the payment is to be made. Notwithstanding any other provision of this Agreement, Canada may reduce or cancel the Funding in the event that departmental funding levels of any Federal Department are changed by Parliament during the term of this Agreement.

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, 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.

9.4 Where any Block Funding or Grant Funding is to be reduced or cancelled under subsection 9.2 Canada shall provide at least 1 year's prior notice to [/:Name].

10 Exceptional Circumstances

10.1 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 [/:Name]'s ability to fulfill the terms and conditions of this Agreement, [/:Name] may return to the Federal Department that provides Funding for the Activity affected by the exceptional circumstances to request changes to the level of Funding for the affected Activity. If a Federal Department agrees to change the level of Funding, this Agreement will be amended accordingly.

11 Deficits

11.1 [/:Name] shall be responsible for any expenditure it makes in excess of the Funding.

[COMMENT]If another Federal Department will be the one receiving reports, change CIRNAC to that Department. Also make the same change in 12.7 to align so that the Department receiving reports may deliver a copy to the others.[/COMMENT]

12 Reports and Records

12.1 [/:Name] shall prepare and submit to CIRNAC all reports listed in Schedule 5 for each Fiscal Year in accordance with the requirements for each report set out in the Reporting Guide for that Fiscal Year.

12.2 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.

12.3 Canada shall publish the Reporting Guide no later than 90 days before the start of each 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.

12.4 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.

12.5 [/: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.

12.6 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 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.

[COMMENT]If other Federal Departments join the Agreement, and if the recipient agrees that they may receive the reports listed in 12.7, then add those departments to the list of whom CIRNAC may deliver a copies after "ISC". If another Department receives funds as indicated above in 12.1, change CIRNAC to that Department to align.[/COMMENT]

12.7 CIRNAC may deliver a copy of [/:Name]'s Consolidated Audited Financial Statements, together with all other financial reporting required under the Reporting Guide, to [/:OtherDepartment(s) ReceivingReports]. [/:PrimaryDepartmentReceivingReports] shall not provide a copy of such statements or reports to any third party or other part of the federal government, including other Federal Departments, except where agreed to in writing by [/:Name] or where authorized or permitted by law.

13 Contracting-Out and Delegation

13.1 Subject to the other provisions of this section, either party may contract-out or delegate any of its functions or obligations under this Agreement to any third party, including any contractor, delegate or agent and, in the case of [/:Name], an Agency. The parties acknowledge that they will remain responsible to the other for the performance of all such contracted or delegated matters.

13.2 If either party wishes to contract-out or delegate all or a substantial part of its functions or obligations under this Agreement to a third party or Agency, it shall: (i) enter into an agreement with the third party or Agency for that purpose; (ii) ensure that the third party or Agency complies with all requirements of this Agreement on its behalf; and (iii) make the agreement available to the other party upon request, subject to applicable laws.

[COMMENT]If the party receiving funding is a First Nation, include the following text.[/COMMENT]

13.3 Where statutory authority to act on behalf of a Federal Department is delegated to [/:Name], as in the case of delegated authority under sections 53 or 60 of the Indian Act to administer lands, [/:Name] shall not delegate any of that authority.

[COMMENT]Choose one of the following for section 14 [/COMMENT]

[COMMENT] If the recipient may not further distribute the funding to Sub-Recipients insert the following [/COMMENT]

14 Intentionally Omitted

[COMMENT] The following subsections are to be included where the Recipient may further distribute funding under this Agreement to Sub-Recipients [/COMMENT]

14 Distributed Payments to Sub-Recipients

14.1 In this section,

  • "AMF" means [/:Name]'s accountability and management framework described in section 14.3.
  • "Sub-Recipient" means any entity other than [/:Name] to which [/:Name] further distributes Funding to enable that entity to deliver Sub-Recipient Activities.
  • "Sub-Recipient Activity" means any program, service, activity, initiative or project delivered by a Sub-Recipient that: (i) is consistent with a Delivery Requirement in respect of which any amount of the Funding is further distributed by [/:Name] under this section; and (ii) is undertaken by a Sub-Recipient in accordance with a Sub-Recipient Agreement.
  • "Sub-Recipient Agreement" means an agreement entered into between [/:Name] and a Sub-Recipient in accordance with section 14.4.

14.2 [/:Name] may further distribute Funding to one or more Sub-Recipients to undertake Sub-Recipient Activities in accordance with: (i) this section; and (ii) its AMF.

14.3 Accountability and Management Framework: If [/:Name] provides funding to Sub-Recipients under this section, it shall prepare and implement an AMF that is shared with, and acceptable to, Canada. The AMF must set out:

  1. a description of the distributed payments system to be used by [/:Name] with Sub-Recipients that is consistent with section 14.4;
  2. a description of the Sub-Recipient Activities;
  3. a description of the eligible class or classes of Sub-Recipients;
  4. a clear, transparent, and open decision-making process regarding the selection of Sub-Recipients, and a redress system for complaints regarding decisions of [/:Name] relating to Sub-Recipients or other entities that applied for funding from [/:Name];
  5. a statement of: (i) the amount of the Funding that will be distributed to Sub-Recipients; and (ii) the amount of administrative expenses [/:Name] expects to incur that is consistent with any administrative expense provisions in the Delivery Requirements for the Activities in question; and
  6. performance expectations related to [/:Name]'s distributed payments system.

14.4 Agreements with Sub-Recipients: If [/:Name] provides funding to Sub-Recipients under this section, it shall use written agreements between it and each Sub-Recipient that must contain, at a minimum, terms setting out:

  1. identification of the Sub-Recipient (proper legal name and address);
  2. the effective date and duration of the agreement;
  3. a description of the Sub-Recipient Activities to be undertaken by the Sub-Recipient;
  4. the amount of funding to be provided by [/:Name] to the Sub-Recipient and a funding schedule;
  5. eligible expenses for which the funding may be used;
  6. that the Sub-Recipient is responsible for the Sub-Recipient Activities, and that the Sub-Recipient acts on its own behalf and not on behalf of, or as an agent, contractor, or delegate of [/:Name];
  7. the financial and non-financial conditions on the funding;
  8. a requirement for the Sub-Recipient to repay to [/:Name] any amount of funding that is provided to the Sub-Recipient that is: (i) not accounted for by the Sub-Recipient; (ii) not used in accordance with the Sub-Recipient Agreement; or (iii) an overpayment or any other amount that is repayable to [/:Name] under the Sub-Recipient Agreement;
  9. the reporting and any evaluation obligations of the Sub-Recipient to [/:Name] in respect of its Sub-Recipient Activities and the use of the funding provided. Reporting obligations must provide [/:Name] with reports in a manner and at intervals that allow [/:Name] to comply with its reporting and record-keeping obligations under this Agreement;
  10. the audit and enforcement rights of [/:Name] sufficient to ensure accountability for the distributed funding. Enforcement rights of [/:Name] must include all steps that can be taken by [/:Name] to address a Sub-Recipient default, including discussions, dispute resolution processes, remediation plans, withholding of funds by [/:Name], and termination or enforcement of the Sub-Recipient Agreements;
  11. a right for [/:Name] to provide copies of: (i) the Sub-Recipient Agreement; and (ii) any review, evaluation or audit reports under that agreement, to Canada; and
  12. Canada's role in providing the Funding that is used for the distributed payments to Sub-Recipients, and that the Sub-Recipient is not a funding recipient, contractor or agent, or partner of Canada.

14.5 Monitoring and Audit of Sub-Recipient Agreement: [/:Name] shall exercise due diligence in the administration of its Sub-Recipient Agreements. Without limiting the generality of the foregoing, in exercising due diligence, [/:Name] shall:

  1. furnish the Sub-Recipient with such advice and support as the Recipient deems appropriate to assist Sub-Recipients to better realize the objectives of the Sub-Recipient Agreements.
  2. undertake periodic audits or inspections of financial records, as appropriate, to verify that costs claimed under Sub-Recipient Agreements were incurred in accordance with those agreements;
  3. where there is a breach of a Sub-Recipient Agreement by a Sub-Recipient, take appropriate steps and, if necessary, enforcement measures; and
  4. make all reasonable efforts to recover any amount of the distributed funding that is repayable by a Sub-Recipient.

14.6 Reporting to Canada: When [/:Name] provides funding to Sub-Recipients under this section it shall provide Canada upon request with:

  1. a copy of its AMF and any evaluations and performance reports relating to its distributed payments system; and
  2. copies of all Sub-Recipient Agreements, and any evaluation or audit reports relating to such agreements.

15 Environmental Obligations

15.1 [/:Name] and Canada shall cooperate to ensure that, with respect to any Activity to be undertaken by [/:Name] with any of the Funding, all applicable requirements of the Impact Assessment Act and any other applicable environmental laws will be followed.

16 Indemnification

16.1 [/: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.

16.2 Canada shall save harmless and indemnify [/:Name] from and against all claims, liabilities and demands arising directly or indirectly from any breach of this Agreement by Canada.

17 Set-Off

17.1 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:

  1. any amount that is a debt due to the Crown for Contribution Funding and Grant Funding pursuant to section 15 of Schedule 2; and
  2. any amount that [/:Name] owes to the Crown under legislation or any other agreement of any kind.

17.2 Where set-off or compensation by Canada against any of the Funding could create undue financial hardship for [/:Name] or jeopardize the health and safety of [/:CitizenOrMember]s, Canada may consider any written request or proposal from [/:Name] to enter into a debt acknowledgement and repayment agreement with Canada to amortize the set-off or compensation amount over time.

18 Dispute Resolution

18.1 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.

18.2 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.

19 Evaluation

19.1 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.

19.2 [/: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 12.5.

20 Termination

20.1 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:

  1. the parties exhaust the dispute resolution process if relevant to the termination; and
  2. the parties agree on a time frame to terminate the Agreement in a manner that will minimize impacts on [/:CitizenOrMember]s.

20.2 In the event of the termination of this Agreement:

  1. [/:Name] shall provide Canada with Consolidated Audited Financial Statements for all Funding together with all schedules and reports 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;
  2. 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;
  3. 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
  4. [/:Name] shall fulfill any other obligation relating to termination as set out in any Schedule.

21 This Agreement

21.1 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.

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

  • SCHEDULE 1 - Definitions
  • SCHEDULE 2 - Contribution Funding (Set, Fixed, Flexible, Block) and Grant Funding
  • SCHEDULE 3 - Funding and Schedule of Payments
  • SCHEDULE 4 - Contribution Funding: Delivery Requirements and Funding Adjustment Factors
  • SCHEDULE 5 - Reporting and Due Dates
  • SCHEDULE 6 - Management Action Plan, where applicable

[COMMENT]Optional bullet: If additional federal departments (after CIRNAC) are participating include the following bullet[/COMMENT]

  • SCHEDULE 7 - Additional Federal Departments - Funding Terms and Conditions

21.3 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.

21.4 If the phrase "Intentionally Omitted" appears in this Agreement opposite a section number, it either means 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.

21.5 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:

  1. Main body of this Agreement: 5 (Non-Derogation); 12 (Reports and Records); 13 (Contracting-out and Delegation); 14 (Distributed Payments to Sub-Recipients); 16 (Indemnification); 17 (Set-Off); 18 (Dispute Resolution); 19 (Evaluation); 20.2 (Termination - consequential terms); 30 (Intellectual Property); and
  2. Schedule 2 Contribution and Grant Funding: any sections or subsections in sections 4-9 and 11-12 that concern spending or repayment of any Contribution Funding or Grant Funding that could apply following expiry of this Agreement; 11 (Reimbursement of Ineligible Expenditures); 13 (Default); 14 (Remedies on Default); 15 (Repayment); 17 (Audit); and, 20 (Where Reporting or Disclosure Requirements are not met).

21.6 This Agreement will be interpreted in accordance with the laws of Canada and the applicable laws of the Province or Territory in which the Activities are undertaken or delivered.

21.7 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.

22 Amendments

22.1 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: (i) a NOBA; (ii) a notice issuing a new Schedule 7 to update reporting requirements for a Fiscal Year under subsection 12.3; (iii) a notice to extend a reporting deadline under subsection 12.4; or (iv) a notice of acceptance for periodic payment changes under section 3.1 of Schedule 2.

23 Waiver

23.1 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.

23.2 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.

24 Assignment

24.1 The parties may contract-out or delegate any of their obligations under this Agreement to a third party in accordance with section 13, but shall not assign any of their rights or obligations under this Agreement without the prior written consent of the other party.

24.2 This Agreement is binding upon the parties and their respective administrators and successors and permitted assigns.

25 Lobbyists

25.1 [/: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.

25.2 [/: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.

26 Warranty of Authority

26.1 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.

[COMMENT]If the party receiving funding is a Tribal Council or corporation, include the following text. If it is a society, contact Legal Services for drafting assistance[/COMMENT]

26.2 [/: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.

27 Communications Related to Funding

27.1 Each party reserves the right to communicate to the public about this Agreement and the funded Activities 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.

28 Conflict of Interest Regarding Federal Officials

28.1 [/:Name] declares and shall ensure that:

  1. no member of the House of Commons or the Senate of Canada will be admitted to any share or part of this Agreement or to any benefit arising from it; and
  2. 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.

29 Public Disclosure

29.1 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.

30 Intellectual Property

30.1 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.

30.2 [/:Name] hereby grants to Canada a non-exclusive, royalty-free, fully-paid, perpetual, worldwide, and irrevocable licence to exercise all intellectual property rights for any Crown purpose with respect to all:

  1. activity, financial and evaluation reports and records and other records or communications related to the administration of this Agreement that are delivered by [/:Name] to Canada under this Agreement; and
  2. intellectual property created or developed by or for [/:Name] in the course of implementing, providing or promoting Activities, and in which copyright subsists.

30.3 [/:Name] shall also fulfill any requirements relating to intellectual property set out in the Schedules and shall secure all necessary rights to give effect to the licences granted under this Agreement.

31 Provision of Federal Department Policies and Guidelines

31.1 Each Federal Department shall, upon request, provide to [/:Name] any publicly available policies or guidelines of that Federal Department that are relevant to the provision of any Funding or the exercise of Canada's rights and obligations under this Agreement. For greater certainty, in the event of any conflict between the terms of any such policy or guideline and this Agreement, the terms of this Agreement shall prevail.

32 Notices

32.1 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:

  1. Canada at:
    [Insert address]
  2. [/:Name] at:
    [insert address]

32.2 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.

33 Execution

33.1 This Agreement is signed on behalf of [/:Name] and on behalf of Canada by their duly authorized representatives.

33.2 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]

34 Official Languages

34.1 [/: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.

[COMMENT] All Ministers showing in the header, should be repeated in the signature block. Insert only the Minister(s) in which the source of funding is originating and whose financial system in which the agreement is recorded (For example, if the agreement is in ISC GCIMS, the Minister of ISC must be named in the agreement, even if the initial source of funding comes from CIRNAC). If the agreement includes funding related to both Ministers of CIRNAC, the signature blocks for both Ministers should be used or the signature blocks can be combined to have only one signature block for both Ministers. If the agreement includes funding provided by one of the two Ministers, only the signature block related to the Minister that providing the funding should be used. When the agreement involves OGDs (i.e. multi-departmental), insert the legal name of Minister(s) of other funding department(s). [/COMMENT]

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

as represented by the Minister of Crown-Indigenous Relations

by: _________________________
Name: _____________________
Title: _______________________
[COMMENT]for the Sectors of the Minister of Crown-Indigenous Relations[/COMMENT]

Department of Crown-Indigenous Relations and Northern Affairs

Date: ______________________

as represented by the Minister of Northern Affairs

by: _________________________
Name: _____________________
Title: _______________________
[COMMENT]for the Sectors of the Minister of Northern Affairs[/COMMENT]

Department of Crown-Indigenous Relations and Northern Affairs

Date: _______________________

as represented by the [Other Government Department]

by: _________________________
Name: ______________________
Title: _______________________
[COMMENT]For the other government department that is contributing to the funding agreement[/COMMENT]
[Insert Full Legal Name of the Other Government Department contributing funding]

Date: _______________________

[/:FullLegalName]
[COMMENT]Note: if the party is an incorporated entity, insert after each signature: I have the authority to bind the corporation[/COMMENT]

by: _________________________
Name: _____________________
Title: _______________________
[Insert Full Legal Name of the party Receiving Funding]

Date: ______________________


by: _________________________
Name: _____________________
Title: _______________________
[Insert Full Legal Name of the party Receiving Funding]

Date: ______________________


by: _________________________
Name: _____________________
Title: _______________________
[Insert Full Legal Name of the party Receiving Funding]

Date: ______________________


by: _________________________
Name: _____________________
Title: _______________________
[Insert Full Legal Name of the party Receiving Funding]

Date: ______________________


by: _________________________
Name: _____________________
Title: _______________________
[Insert Full Legal Name of the party Receiving Funding]

Date: ______________________

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.

"Agency" means any authority, board, committee, or third party authorized to carry out any functions or Activities under this Agreement on behalf of [/:Name].

"Agreement" means this Comprehensive Funding Agreement and includes all Schedules and any amendments to this Agreement.

"Block Funding" means that portion of the Funding, if any, set out in Schedule 3 under the heading "Block Funding".

"CIRNAC" means the Department of Crown-Indigenous Relations and Northern Affairs

[COMMENT]Only to be inserted when the party receiving funding is a First Nation. The word Citizen may be replaced with Member at the discretion of the First Nation. If Member is used, remove the Citizen definition. [/COMMENT]

"Citizen" means a person whose name appears on the band list of [/:Name] maintained by the Department of Indigenous Services or [/:Name] in accordance with the Indian Act.

[COMMENT]Only to be inserted when the party receiving funding is a Tribal Council. The word Citizen may be replaced with Member at the discretion of the Tribal Council. If Member is used, remove the Citizen definition. [/COMMENT]

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

[COMMENT]Only to be inserted when the party receiving funding is a corporation or society. The word Citizen may be replaced with Member at the discretion of the corporation or society. If Member is used, remove the Citizen definition.[/COMMENT]

"Citizen" means a person whose name appears on the band list of the [/:HostFirstNation(s)LegalName], maintained by: (i) the Department of Indigenous Services; or (ii) the [/:HostFirstNation(s)LegalName] in accordance with the Indian Act.

"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, Flexible Funding and Block Funding.

"Cost-Sharing" means a requirement set out in Schedule 4 for [/:Name] to supplement any Set, Fixed, Flexible or Grant 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.

"Federal Department" means a federal department or federal government institution through which the Crown provides any of the Funding.

[COMMENT]Note: Use the "First Nation" definition only for agreements with First Nations and Tribal Councils[/COMMENT]

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

"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, Block 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.

"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 and Grant Funding.

"Mandatory Activities" means each Activity found in any table entitled "Block Activity Delivery Requirements" in Schedule 4.

[COMMENT]Only to be inserted when the party receiving funding is a First Nation. The word Member may be replaced with Citizen at the discretion of the First Nation. If Citizen is used, remove the Member definition. [/COMMENT]

"Member" means a person whose name appears on the band list of [/:Name] maintained by the Department of Indigenous Services or [/:Name] in accordance with the Indian Act.

[COMMENT]Only to be inserted when the party receiving funding is a Tribal Council. The word Member may be replaced with Citizen at the discretion of the Tribal Council. If Citizen is used, remove the Member definition. [/COMMENT]

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

[COMMENT]Only to be inserted when the party receiving funding is a corporation or society. The word Member may be replaced with Citizen at the discretion of the corporation or society. If Citizen is used, remove the Member definition.[/COMMENT]

"Member" means a person whose name appears on the band list of the [/:HostFirstNation(s)LegalName], maintained by: (i) the Department of Indigenous Services; or (ii) the [/:HostFirstNation(s)LegalName] in accordance with the Indian Act.

[COMMENT]Note: Only to be inserted when the party receiving funding is a Tribal Council.[/COMMENT]

"Member First Nation" means a First Nation which is a member of [/:Name].

"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.

"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".

"Third Party Funding Agreement Manager" means a third party, appointed by Canada, that administers Funding otherwise payable to [/:Name] and undertakes [/:Name]'s obligations under this Agreement, in whole or in part, and that may assist [/:Name] to remedy default under this Agreement.

[COMMENT]Only to be inserted when the party receiving funding is a Tribal Council and uses the term "[/:Name]" or another word other than Tribal Council to define itself.[/COMMENT]

"Tribal Council" means an organization established by a number of First Nations with common interests who voluntarily join together and where the organization provides Activities to Member First Nations.

Schedule 2: Contribution Funding (Set, Fixed, Flexible, Block) and Grand Funding

1 Application

1.1 All Set, Fixed, Flexible, Block 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 Formula-based or Factor-based Funding Adjustments

2.1 Where the amount of any Contribution Funding or Grant Funding will change in accordance with a predetermined adjustment factor or formula set out in Schedule 4, Canada shall, by NOBA or other amendment process, amend Schedule 3 accordingly.

3 Adjustment of Cash Flow

3.1 [/: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.

3.2 The total annual funding amount for an Activity set out in Schedule 3 may not be changed under subsection 3.1.

4 Set Funding

4.1 [/:Name] may only expend Set Funding:

  1. 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;
  2. in accordance with the terms and conditions of this Agreement for those Activities, including those set out in the Delivery Requirements; and
  3. during the Fiscal Year in which the annual amount of the Set Funding is payable by Canada.

4.2 [/: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.

4.3 [/:Name] shall immediately notify Canada in writing during a Fiscal Year if it anticipates having unexpended Set Funding for that Fiscal Year.

4.4 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.

4.5 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.

5 Fixed Funding

5.1 [/:Name] may only expend Fixed Funding:

  1. 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
  2. in accordance with the terms and conditions of this Agreement for those Activities, including those set out in the Delivery Requirements.

5.2 Unless Schedule 4 provides otherwise, [/:Name] may reallocate any Fixed Funding for a Budget Activity set out in Schedule 3, among any Functional Areas of that Budget Activity during a Fiscal Year, provided that the Activities corresponding to those Functional Areas are delivered in that Fiscal Year.

5.3 Subject to subsection 5.4, if [/:Name] has not expended all Fixed Funding that is allocated or has been reallocated for an 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.

5.4 Subject to paragraph 20.2 (c) of the main body of this Agreement, [/:Name] may retain and spend any unexpended Fixed Funding from a Fiscal Year in respect of an Activity ("unspent amount") in accordance with this section.

  1. For a Fiscal Year other than the final Fiscal Year, where the Delivery Requirements for the Activity in respect of which there is an unspent amount have not been completed, in the Fiscal Year for which that amount was provided, [/:Name] may retain and spend that amount in the following Fiscal Year if the following conditions are met:
    1. [/:Name] spends the unspent amount on the same Activity or on an Activity that is similar to and has the same purpose as the Activity for which the Fixed Funding was provided;
    2. the unspent amount is used before the earlier of:
      1. the expiry or termination of this Agreement, and
      2. any date that was communicated in writing by Canada to [/:Name], prior to or when the Agreement was signed or amended, beyond which date an unspent amount may not be retained for a time-limited Activity such as a project or initiative;
    3. [/:Name] reports on its expenditure of the unexpended Fixed Funding in accordance with the Reporting Guide.
  2. Where all Delivery Requirements for the Activity in respect of which there is an unspent amount have been completed, in the Fiscal Year for which that amount was provided, [/:Name] may retain and spend that amount in the following Fiscal Year or within 1 year after the expiry of this Agreement if that is the year following the accumulation of the unspent amount, if the following conditions are met:
    1. [/:Name] spends the unspent amount on
      1. an Activity that is similar to and has the same purpose as the Activity for which the Fixed Funding was provided; or
      2. a different Activity in accordance with a plan for expenditure for the unspent amount 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].
    2. [/:Name] reports on its expenditure of the unexpected Fixed Funding in accordance with the Reporting Guide.

6 Flexible Funding

6.1 [/:Name] may only expend Flexible Funding:

  1. 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
  2. in accordance with the terms and conditions of this Agreement for those Activities including those set out in the Delivery Requirements.

6.2 Unless Schedule 4 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) according to Schedule 3, during a Fiscal Year provided that all Mandatory Activities, funded by Flexible Funding, are delivered in that Fiscal Year.

6.3 Subject to paragraph 20.2(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 in accordance with this section if the following conditions are met:

  1. [/:Name] expends the unexpended Flexible Funding:
    1. on an Activity that is the same or similar to and has the same purpose as the Activity for which the Flexible Funding was provided; or
    2. 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];
  2. the unexpended Flexible Funding is used before the earlier of:
    1. the expiry or termination of this Agreement, and
    2. any date that was communicated in writing by Canada to [/:Name], prior to or when the Agreement was signed or amended, beyond which date an unspent amount may not be retained for a time-limited Activity such as a project or initiative;
  3. [/:Name] reports on its expenditure of the unexpended Flexible Funding in accordance with the Reporting Guide.

6.4 Subject to subsection 6.3, following any reallocation permitted in this section, [/:Name] shall repay any unexpended Flexible Funding following the earlier of the expiry or termination of this Agreement, and any date that was communicated in writing by Canada to [/:Name], prior to or when the Agreement was signed or amended, beyond which date an unspent amount may not be retained for a time-limited Activity such as a project or initiative. 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.

7 Block Funding

7.1 [/:Name] may only expend any Block Funding:

  1. for the Activities under the heading Block Funding (or BLOCK) in Schedule 4 or in accordance with this section; and
  2. in accordance with the terms and conditions of this Agreement for those Activities including those set out in the Delivery Requirements.

7.2 Expenditures in a Fiscal Year for Activities funded by Block Funding will be against the aggregate of all annual amounts allocated in that Fiscal Year for those Activities.

7.3 Provided that Mandatory Activities, funded by Block Funding, are delivered in the relevant Fiscal Year, [/:Name] may expend Block Funding on any Activities funded by Set, Fixed, Flexible or Grant Funding during that Fiscal Year if [/:Name] submits a written plan to Canada for such expenditures and Canada accepts the plan by notice to [/:Name].

7.4 If, at the end of a Fiscal Year, [/:Name] has not expended all Block Funding for that Fiscal Year after: (i) delivering all Mandatory Activities funded by Block Funding; and (ii) making expenditures on any non- Block Activities under subsection 7.3, [/:Name] may, subject to paragraph 20.2(c) of the main body of this Agreement, retain any unexpended Block Funding for use in a subsequent Fiscal Year or after the expiry of this Agreement, provided that [/:Name]:

  1. uses the unexpended Block Funding:
    1. for purposes consistent with the Activities funded by Block Funding; or
    2. in accordance with a written plan submitted by it to Canada within 120 days following the end of the Fiscal Year in question and such plan is accepted by Canada by notice to [/:Name];
  2. reports on the use of unexpended Block Funding in accordance with the Reporting Guide issued for the Fiscal Year in which the unexpended Block Funding is used.

8 Grant Funding

8.1 [/:Name] may only expend the Grant Funding for the Activities for which it is allocated in Schedule 3 under the heading Grant Funding.

8.2 Subject to paragraph 20.2(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.

8.3 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.

9 Loans

9.1 Where the Delivery Requirements for an Activity permit the making of loans, [/:Name] may make loans from the Contribution Funding or Grant Funding for that Activity provided that:

  1. the loans are directly related to the specific Activity and will not be made for personal use; and
  2. [/:Name]'s loan policy is in writing and available to [/:CitizenOrMember]s and Canada upon request, and
  3. all loans are evidenced by an agreement in writing between [/:Name] and each borrower.

[COMMENT]The following section is to be included when the party receiving funding does not permit the making of loans from the Contribution Funding or Grant Funding loans or if that party is not permitted to do so under this Agreement[/COMMENT]

9 Intentionally Omitted

10 Eligible Expenses - General

10.1 In addition to the requirements of sections 4 to 9 of this Schedule, [/:Name] may only expend Contribution Funding and Grant 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.

11 Reimbursement of Ineligible Expenditures

11.1 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 this Schedule or the Delivery Requirements set out in Schedule 4 for that Activity, unless Canada agrees otherwise in writing.

11.2 Subject to subsection 7.3, [/:Name] shall repay to Canada any expenditure it makes in a Fiscal Year against the total of annual amounts for Activities funded by Block Funding where that expenditure is not in accordance with the Delivery Requirements for at least one of those Activities.

11.3 If Cost-Sharing applies to an 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.

12 Stacking of Assistance

12.1 [/: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 the lesser of: (i) any amount of the Funding that Canada considers a duplication of the funding from the other sources; and (ii) the amount, if any, that [/:Name] receives from all Canadian government sources noted above that exceeds the reasonable cost of the Activities.

13 Default

13.1 [/:Name] will be in default of this Agreement in the event:

  1. [/: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];
  2. 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];
  3. Canada, having regard to [/:Name]'s 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
  4. Canada determines the health, safety or welfare of [/:CitizenOrMember]s is at risk of being compromised; or / .

[COMMENT]Insert "; or" at the end of (d) if the party receiving funding is a Tribal Council, corporation or society. For a First Nation insert a period at the end of (d)[/COMMENT]

[COMMENT]The following paragraph is to be included if the party receiving funding is an incorporated Tribal Council, corporation or society. Delete the following paragraph if the entity is a First Nation[/COMMENT]

  1. [/: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, or ceases to be a corporation in good standing under the laws of Canada or of a Province or Territory of Canada, as applicable.

14 Remedies on Default

14.1 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.

14.2 In the event [/:Name] is in default under this Agreement, Canada may take one or more of the following actions as may reasonably be necessary, having regard to the nature and extent of the default:

  1. require [/: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;
  2. require [/:Name] to seek advisory support acceptable to Canada;
  3. appoint, upon providing notice to [/:Name], a Third Party Funding Agreement Manager;
  4. withhold any Funding otherwise payable under this Agreement;
  5. require [/:Name] to take any other reasonable action necessary to remedy the default;
  6. take such other reasonable action as Canada deems necessary, including any remedies which may be set out in any Schedule; or
  7. terminate this Agreement.

15 Repayment

15.1 [/:Name] shall, at such times as this Agreement specifies and otherwise upon written demand, repay to Canada any amount of the Contribution Funding and Grant Funding which:

  1. has not been accounted for by [/:Name] in accordance with this Agreement;
  2. is spent by [/:Name] for purposes other than those authorized under this Agreement;
  3. Canada determines to be a recoverable stacking amount under section 12 of this Schedule; or
  4. is an overpayment or any other amount that is repayable by [/:Name] under this Agreement.

Such amounts are debts due to the Crown.

15.2 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.

16 Non-Monetary Contributions (NONMC)

16.1 Canada may provide a contribution of goods or services to [/:Name] to support [/:Name]'s delivery of any Activities.

16.2 With the written consent of [/:Name], a non-monetary contribution with a value of up to $5,000 may be made by way of Canada:

  1. delivering the goods and/or services to [/:Name]; and
  2. issuing a notice of non-monetary contribution ("NONMC") to [/:Name] for the delivery of the contributed goods or services pursuant to this section.

16.3 A NONMC will be signed by Canada and will:

  1. list each of the goods and/or services to be contributed;
  2. 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;
  3. 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
  4. be issued prior to or upon delivery of the goods and/or services and include conditions for the contribution, including any reporting conditions.

16.4 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.

16.5 Where Canada contributes goods and/or services under this section, [/:Name] shall:

  1. 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;
  2. comply with the conditions set out in the NONMC; and
  3. account for the non-monetary contribution in its Consolidated Audited Financial Statements.

17 Audit

17.1 This section only applies to Contribution Funding.

17.2 Canada may audit or cause to have audited the accounts and records of [/:Name] and any Agency or third party at any time during the term of this Agreement or within 7 years of the termination or expiry of this Agreement, in order to:

  1. assess or review [/:Name]'s compliance with the terms and conditions of this Agreement;
  2. review [/:Name]'s program management and financial control practices in relation to this Agreement; or
  3. confirm the integrity of any data which has been reported by [/:Name] pursuant to this Agreement.

17.3 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.

17.4 Canada shall notify [/:Name] at least 2 weeks in advance of an audit under this section.

17.5 In the event of an audit under this section, [/:Name] shall, upon request:

  1. 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);
  2. allow those auditors to inspect such accounts and records and, except where prohibited by law, to take copies and extracts of such accounts and records;
  3. provide to those auditors such additional information as they may require with reference to such accounts and records;
  4. provide all necessary assistance to those auditors, including providing them with access to [/:Name]'s premises;
  5. 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
  6. 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.

17.6 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.

17.7 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.

17.8 An audit under this section does not limit:

  1. Canada's right to conduct an evaluation of this Agreement under section 19 of the main body of this Agreement;
  2. [/:Name]'s obligation to provide Consolidated Audited Financial Statements to Canada; or
  3. Canada's right to appoint an independent auditor or to require [/:Name] to appoint an independent auditor under section 20 of this Schedule where Consolidated Audited Financial Statements have not been provided to Canada by [/:Name].

[COMMENT]The following section is to be included when the party receiving funding is a Tribal Council[/COMMENT]

18 Tribal Council Membership

18.1 Where [/:Name] receives notice of a Member First Nation's withdrawal or notice of a First Nation's addition to the Tribal Council, [/:Name] shall immediately notify Canada in writing and shall include with such notice a copy of the band council resolution confirming the Member First Nation's intention to withdraw from, or request for addition to [/:Name].

18.2 For the purposes of the status of [/:Name] under this Agreement, a change in Tribal Council membership will not take effect until the April 1st occurring after 1 calendar year has elapsed from the date [/:Name] has notified Canada of the change in membership, or at such other time as the parties may agree in writing, and during that notice period [/:Name] and Canada shall meet to discuss the impacts of the change in membership on the continuing obligations of the parties.

18.3 Nothing in this section obliges Canada to enter into any funding agreement with a former Member First Nation.

[COMMENT]The following section is to be included when the party receiving funding is a First Nation, corporation or society.[/COMMENT]

18 Intentionally Omitted

19 Accountability to [/:Citizen-OR-Member]s

19.1 [/:Name] shall maintain a system of accountability toward its [/:CitizenOrMember]s which provides, at a minimum, for transparency and openness relating to this Agreement by keeping the following documents readily available to any [/:CitizenOrMember] upon request, at no charge beyond the reasonable cost of reproducing documents:

  1. this Agreement and any plans or budgets created by [/:Name] for this Agreement;
  2. any Management Action Plan, and any amendments to it;
  3. [/:Name]'s Consolidated Audited Financial Statements, including the auditor's report; and
  4. any other reports or evaluations required by this Agreement following deletion or anonymization of any personal information therein.

19.2 [/:Name] shall also include at least the following processes in its system of accountability, and [/:Name] shall provide a copy of policies relating to these matters to any [/:CitizenOrMember] or other person to whom Activities are provided, upon request, at no charge beyond the reasonable cost of reproducing documents:

  1. written standards, policies or procedures of [/:Name] relating to the provision of the Activities;
  2. a redress process for any disputes or complaints about the delivery of any Activities; and
  3. a conflict of interest policy for [/:Name] officers, councillors, directors and volunteers who work for or manage [/:Name].

19.3 In the event of an inconsistency or conflict between the system of accountability established by [/:Name] pursuant to this section and the terms of this Agreement, this Agreement will prevail.

20 Where Reporting or Disclosure Requirements are not met

20.1 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 Consolidated Audited Financial Statements, together with all schedules and reports required under the Reporting Guide, Canada may:

  1. require that an independent auditor who is a member in good standing of a corporation, institute or association of accountants incorporated under an Act of the legislature of the Province or Territory in which [/: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
  2. appoint an independent auditor who is a member in good standing of a corporation, institute or association of accountants incorporated under an Act of the legislature of the Province or Territory in which [/:Name] has its administrative offices and in which case:
    1. [/: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
    2. [/:Name] shall reimburse Canada for all costs incurred in having the audit conducted.
  • [COMMENT]The following subsection is to be included when the party receiving funding is a First Nation.[/COMMENT]
  1. Without limiting remedies available to Canada set out in this Agreement, if [/:Name] defaults on its obligation to make any Management Action Plan, or Consolidated Audited Financial Statements, together with all schedules and reports required under the Reporting Guide, readily available to [/:CitizenOrMember]s that request them, Canada may make those documents available to those [/:CitizenOrMember]s.
  • [COMMENT]The following subsection is to be included when the party receiving funding is a Tribal Council.[/COMMENT]
  1. Without limiting remedies available to Canada set out in this Agreement, if [/:Name] defaults on its obligation to make any Management Action Plan, or Consolidated Audited Financial Statements, together with all schedules and reports required under the Reporting Guide, readily available to [/:CitizenOrMember]s and Member First Nations that request them, Canada may make those documents available to those [/:CitizenOrMember]s and Member First Nations.
  • [COMMENT]The following subsection is to be included when the party receiving funding is a corporation or society.[/COMMENT]
  1. Without limiting remedies available to Canada set out in this Agreement, if [/:Name] defaults on its obligation to make any Management Action Plan, or Consolidated Audited Financial Statements, together with all schedules and reports required under the Reporting Guide, readily available to the First Nation(s) to whom it provides Activities and [/:CitizenOrMember]s that request them, Canada may make those documents available to the host First Nation(s) and those [/:CitizenOrMember]s.

Schedule 3: Funding and Schedule of Payments

[Regional Office will insert]

Schedule 4: Contribution Funding: Delivery Requirements and Funding Adjustment Factors

CIRNAC Program 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]

[COMMENT]Include the following ''Intentionally Omitted'' section when there is NO Activity Funded by Block Funding for CIRNAC.[/COMMENT]

1 Intentionally Omitted

2 Intentionally Omitted

[COMMENT]Include the following section when there are Activities Funded by Block Funding for CIRNAC.[/COMMENT]

1 Activities Funded by Block Funding for CIRNAC

2 Block Formula Adjustment for CIRNAC

Note: Regional formula to be included

[COMMENT]Note applicable to the COST-SHARING column of the table below: WHERE THE TERMS AND CONDITIONS OF CIRNAC'S FUNDING PROGRAM REQUIRES THE COUNCIL TO SUPPLEMENT CIRNAC FUNDING WITH FUNDING FROM OTHER SOURCES, EACH FUNDING SOURCE AND THE REQUIRED PERCENTAGE SHARED FROM EACH SOURCE MUST BE SET OUT HERE. HERE IS THE RECOMMENDED FORMAT: The Council shall supplement CIRNAC funding with funding from other sources as follows: CIRNAC funding: xx% [name other source] funding: xx%[name other source, if any[/COMMENT]

[COMMENT]Note applicable to the ADJUSTMENT FACTOR column of the table below: THE REGIONS' SPECIFIC PRACTICES, AS AT AGREEMENT ENTRY, ARE TO BE DESCRIBED HERE IN ACCORDANCE WITH HQ PROGRAM INSTRUCTIONS (PROGRAM T&C)[/COMMENT]

3 Activities Funded by Set, Fixed, Flexible and Grant Funding for CIRNAC

Activity Delivery Requirements, Cost-Sharing and Adjustment Factors
Activity Delivery Requirements Cost-Sharing Adjustment Factors
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
Federal Initiative on Consultation [/:Name] 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
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
Renewable
Resources - General Resource
Policy - General 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
CIMS-CEAM [/:Name] shall carry out activities in accordance with the CIMS/CEAM Program Guidelines issued by CIRNAC and CIRNAC approved plans including project terms and conditions.   insert an Adjustment Factor when applicable
Interim Resources Management Assistance Program [/:Name] shall carry out activities in accordance with the Interim Resources Management Assistance (IRMA) Program Guidelines and CIRNAC approved plans including project terms and conditions.   insert an Adjustment Factor when applicable
Northern Contaminants Program [/:Name] shall carry out Northern Contaminants Program activities in accordance with the Northern Contaminants Program Guidelines and CIRNAC approved plan including project terms and conditions.   insert an Adjustment Factor when applicable
Northern REACHE [/:Name] will carry out Northern REACHE 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
Northern Participant Funding Program [/:Name] shall carry out Northern Participant Funding Program activities in accordance with the program's terms and conditions and the proposal and related budget related to [Name of Project], as approved by CIRNAC by letter on [Date].   The budget is set based on the proposal as approved by CIRNAC. It may be adjusted as needed during each Fiscal Year with approval by CIRNAC program staff.
Climate Policy Engagement [/:Name] will carry out Climate Policy Engagement 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
First Nation Adapt [/:Name] will carry out First Nation Adapt 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
Indigenous Community-Based Climate Monitoring Program [/:Name] will 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] will 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
Northern Sustainable Development - Conservation & Protection [/: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
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.   The budget is established at beginning of the agreement and could be adjusted for the duration of the agreement
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
Specific 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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).
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 Arrangement based on current program available funding and approved workplan. Over the life of the Arrangement, the budget may be increased or decreased based on changes to the approved workplan. The budget may also be increased based on availability of program funding.
Adjustment to the budget may also be made based on the review of the previous years' expenditures (e.g. reported unexpended funding from previous years and approved unexpended funding plan (s)).

Schedule 5: Reporting and Due Dates

[Regional Office will insert]

Schedule 6: Management Action Plan (if applicable)

Note: Here will be attached [:/Name]'s Management Action Plan, if applicable

Schedule 7: Additional Federal Departments Terms and Conditions

[Regional Office will insert if applicable]

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