Archived - Provincial/Territorial Governments Funding Agreement Model 2022-2023

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Table of contents

BETWEEN:

HIS MAJESTY THE KING IN RIGHT OF CANADA, as represented by [COMMENT]Insert 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 from both departments, all relevant Ministers should be inserted. When the agreement involves OGDs (i.e. multi-departmental), insert the legal name of Minister(s) of other funding department(s).[/COMMENT] the Minister of Indigenous Services and the Minister of Crown-Indigenous Relations and the Minister of Northern Affairs;

(hereinafter referred to as "Canada")

AND

[COMMENT]Note: The "One agreement by Recipient" principle is to be applied using the Minister and not the Province or Territory.[/COMMENT]

THE [/:RecipientName]
as represented by the Minister of [/:MinistryName].

(hereinafter referred to as the [/:Identify as a "Province" or "Territory"])

WHEREAS:

  1. The [/:Identify as a "Province" or "Territory"] wishes to provide certain programs and/or services and/or to carry out certain activities; and
  2. Canada wishes to transfer funds to the [/:Identify as a "Province" or "Territory"] for those program(s), service(s) and/or activity(ies) through the federal institution(s) with respect to which the Minister(s) representing Canada in this Agreement preside(s) or is(are) responsible.

NOW THEREFORE the parties agree as follows:

1.0 Interpretation

1.1 Definitions

1.1.1 In this Agreement, unless otherwise provided:

[COMMENT]Note: When option 3 of Section 6.1 (Delegation) is selected, the following "Agency" definition is to be removed.[/COMMENT]
"Agency" means, except in respect of any reference to a federal government agency, an authority, board, committee, or other entity authorized to act on behalf of the [/:Identify as a "Province" or "Territory"].

"Agreement" means this Funding Agreement for Provincial and Territorial Governments and includes all Schedules and any amendments to this Agreement.

"Block Funding" means that portion of the Funding, if any, set out in Schedule – 1 under the heading "Block Funding".

[COMMENT]The following "CIRNAC" definition is to be included where the Minister of Crown-Indigenous Relations, and/or the Minister of Northern Affairs, is adding funding to this agreement, and is referenced on the title page and in the signing blocks.[/COMMENT]
"CIRNAC" means the Department of Crown-Indigenous Relations and Northern Affairs.

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

[COMMENT]Note: Where the Province or Territory is required to provide financial reports, the following "Financial Reports" definition is to be included.[/COMMENT]
"Financial Reports" means the [/:Identify as a "Province" or "Territory"]'s financial reports prepared in accordance with section 4.3 (Reporting).

"Fiscal Year" means a one year period, beginning April 1 of a year and ending March 31 of the following year that covers or partly covers the term of this Agreement.

"Fixed Funding" means that portion of the Funding, if any, set out in Schedule – 1 under the heading "Fixed Funding".

"Flexible Funding" means that portion of the Funding, if any, set out in Schedule – 1 under the heading "Flexible Funding".

"Funding" means the amounts payable or paid by Canada to the [/:Identify as a "Province" or "Territory"] under this Agreement, consisting of all Set Funding, Fixed Funding, Flexible Funding and Block Funding.

"Health Activities" means the Activities set out in Schedule – 1 that are related to health.

"ISC" means the Department of Indigenous Services

"Mandatory Activities" means the following Activities for the purposes of Flexible Funding:

  1. "Communicable Disease Control", "Environmental Public Health", and/or "Treatment Services" as identified in Schedule – 1.

and means the following Activities for the purposes of Block Funding:

  1. "Communicable Disease Control", "Environmental Public Health", and/or "Treatment Services" as identified in Schedule – 1.

"Notice of Budget Adjustment" means a notice, issued by Canada, to the [/:Identify as a "Province" or "Territory"] that amends this Agreement to adjust the Funding and/or periodic advance in accordance with section 3.3.

[COMMENT]Note: Where the Province or Territory is required to provide reports in accordance with the RG, the following "Reporting Guide" definition is to be included.[/COMMENT]
"Reporting Guide" (RG) means the applicable Reporting Guide published by Canada for a Fiscal Year.

"Set Funding" means that portion of the Funding, if any, set out in Schedule – 1 under the heading "Set Funding".

"Schedule" means any schedule to this Agreement.

1.2 Multiple Funding Departments

1.2.1 Except where otherwise indicated or prohibited by law, where more than one Federal Department provides Funding, Canada's rights and remedies under this Agreement may be exercised by any Federal Department, and Canada's obligations under this Agreement may be carried out by any Federal Department, as determined by Canada.

2.0 Term

2.1 Subject to section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities), article 9.0 (Remedies on Default) and article 11.0 (Termination), the term of this Agreement will be from the [/:ArrMultiYearStartDateDay] day of [/:ArrMultiYearStartDateMonth], [/:ArrMultiYearStartDateYear] until the [/:ArrMultiYearEndDateDay] day of [/:ArrMultiYearEndDateMonth], [/:ArrMultiYearEndDateYear].

3.0 Funding from Canada

3.1 Provision of Funding

3.1.1 Subject to the terms and conditions of this Agreement, Canada shall transfer to the [/:Identify as a "Province" or "Territory"] Funding for each Fiscal Year in accordance with Schedule – 2 up to the amount set out in Schedule – 1.

3.1.2 Canada shall transfer Funding according to the schedule of periodic payments set out in Schedule – 1. With respect to non-Health Activities, if this Agreement covers more than one Fiscal Year, Schedule – 1 will set out a schedule of periodic payments for the first Fiscal Year and Canada shall, by notice, before each subsequent Fiscal Year, provide a revised schedule of periodic payments for that Fiscal Year.

3.1.3 If Funding is provided by more than one Federal Department, ISC may transfer the Funding on behalf of other Federal Departments.

3.2 Funding Subject to Appropriations and Departmental Funding Authorities

3.2.1 Notwithstanding any other provision of this Agreement, the amount of any Funding to be provided to the [/:Identify as a "Province" or "Territory"], as otherwise calculated or payable pursuant to this Agreement, is subject to the appropriation of funds by the Parliament of Canada.

3.2.2 In the event that any funding authority of ISC, CIRNAC or any other Federal Department for any program, service or activity for which the Funding is provided is modified or canceled by the Treasury Board of Canada or by that Federal Department, or if funding levels of ISC, CIRNAC or any other Federal Department are reduced, increased or canceled by Parliament for any Fiscal Year in which payment is to be made under this Agreement, Canada may terminate or adjust the amount of Funding accordingly.

3.3 Notice of Budget Adjustment (NOBA)

3.3.1 Canada may, by NOBA, amend Schedule – 1 in order to adjust the Funding and/or periodic payments for one or more Fiscal Years.

3.3.2 A NOBA will be signed by Canada, set out the details of the Funding changes and contain an amended Schedule – 1 for this Agreement.

3.3.3 A NOBA may not:

  1. reduce overall Funding except according to an adjustment factor or formula set out in section 3.4 or Schedule – 3; or
  2. modify the terms and conditions of this Agreement, except as provided for in subsection 3.3.1.

3.4 Formula-based or Factor-based Funding Adjustments

3.4.1 Where the amount of Funding for any program, service or activity as set out in Schedule – 1 is changed in accordance with an adjustment factor set out in the Schedule – 3, Canada shall, by Notice of Budget Adjustment, amend Schedule – 1 accordingly.

3.5 Holdback

3.5.1 If Schedule – 1 shows a "Holdback" amount for any program, service or activity for which Funding is provided, Canada will not release that amount until the requirements of this section are met.

3.5.2 Subject to article 5.0 (Amounts Owing to Canada), for each program, service or activity for which an amount is held back under subsection 3.5.1, Canada shall pay to the [/:Identify as a "Province" or "Territory"] that amount within forty-five (45) days of the [/:Identify as a "Province" or "Territory"]'s fulfillment to Canada's satisfaction of all reporting requirements of this Agreement relating to that program, service or activity.

4.0 The [/:Identify as a "Province" or "Territory"]'s Responsibilities

4.1 Programs, Services and Activities

4.1.1 The [/:Identify as a "Province" or "Territory"] shall provide the programs and services and carry out the activities for which Funding is provided in accordance with the delivery requirements set out in the Schedules.

4.2 Record Keeping

4.2.1 Without limiting section 4.3 (Reporting) or any other requirement to maintain accounts and records, the [/:Identify as a "Province" or "Territory"] shall maintain accounts and financial and non-financial records for each program, service and activity for which Funding is provided, and shall retain these accounts and records, including all original supporting documentation, for a period of seven (7) years from the end of the latest Fiscal Year to which the accounts and records relate.

[COMMENT]Note: Where the Province or Territory is required to provide financial reports in accordance with the RG, the following subsection 4.2.2 is to be included.[/COMMENT]

4.2.2 The accounts and records referred to in subsection 4.2.1 must be maintained in such a way as to substantiate the schedules of revenue and expenses to be provided to Canada in accordance with the Reporting Guide.

4.2.3 The [/:Identify as a "Province" or "Territory"] shall comply with any additional requirements to maintain accounts and records set out in any Schedule.

[COMMENT]Note: Where the Province or Territory is required to provide financial reports in accordance with the RG or program report(s), the appropriate following subsection(s) under section 4.3 is (are) to be included. [/COMMENT]

4.3 Reporting

[COMMENT]Note: Where the Province or Territory is required to provide financial reports in accordance with the RG the following subsection 4.3.1 is to be included.[/COMMENT]

4.3.1 The [/:Identify as a "Province" or "Territory"] shall prepare Financial Reports in accordance with the Reporting Guide for each Fiscal Year and shall deliver those Financial Reports to Canada, and to any other Federal Department that requests them, within one hundred and twenty (120) days of the end of each Fiscal Year.

[COMMENT]Note: Where the Province or Territory is required to provide program report(s) the following subsection 4.3.2 is to be included.[/COMMENT]

4.3.2 The [/:Identify as a "Province" or "Territory"] shall submit to Canada all reports listed in Schedule – 4, on or before the due dates set out in that Schedule, according to the requirements for each report as set out in the Reporting Guide and in Schedule – 3, as applicable.

4.3.3 If this Agreement covers more than one Fiscal Year, Canada may, by advance notice to the [/:Identify as a "Province" or "Territory"] issue a new Schedule – 4 for each Fiscal Year. The Schedule – 4 for a Fiscal Year will continue to apply to that Fiscal Year.

4.3.4 Canada may, by notice to the [/:Identify as a "Province" or "Territory"], extend the deadline for the receipt of any report to be submitted to Canada under this section if the [/:Identify as a "Province" or "Territory"] provides notice before the applicable due dates of circumstances beyond the [/:Identify as a "Province" or "Territory"]'s control preventing the [/:Identify as a "Province" or "Territory"] from meeting the deadlines.

[COMMENT]Note: Where the Province or Territory is required to provide financial reports the following subsection 4.3.5 is to be included.[/COMMENT]

4.3.5 Canada shall provide the [/:Identify as a "Province" or "Territory"] with notice of receipt within thirty (30) days of receiving the Financial Reports.

4.3.6 The [/:Identify as a "Province" or "Territory"] shall fulfill all other reporting requirements set out in the Schedules.

4.3.7 This section survives the expiry or termination of this Agreement.

4.4 Ineligible Expenditures and Unexpended Funding

4.4.1 The [/:Identify as a "Province" or "Territory"] shall reimburse to Canada ineligible expenditures, unexpended funds, and funding from other sources in accordance with the requirements set out in the Schedules.

4.4.2 This section survives the expiry or termination of this Agreement.

4.5 Additional Responsibilities

4.5.1 The [/:Identify as a "Province" or "Territory"] shall fulfill any additional obligations set out in any Schedule.

5.0 Amounts Owing to Canada

5.1 Any amount to be reimbursed to Canada by the [/:Identify as a "Province" or "Territory"] under this Agreement or that is otherwise owed to Canada by the [/:Identify as a "Province" or "Territory"] under this Agreement, is a debt due to Canada. Canada shall notify the [/:Identify as a "Province" or "Territory"] of any such amount owing and such amount will be payable to Canada at the time that the notice is given. Canada may thereafter set off such amount against any amount payable to the [/:Identify as a "Province" or "Territory"] under this Agreement or any other funding agreement through which a Federal Department provides funding to the [/:Identify as a "Province" or "Territory"].

5.2 The [/:Identify as a "Province" or "Territory"] shall promptly notify Canada of any amount owing to His Majesty the King in Right of Canada under any legislation, regulation or any other funding agreement.

5.3 Canada may set off any amount referred to in section 5.2 against any amount payable to the [/:Identify as a "Province" or "Territory"] under this Agreement.

5.4 Sections 5.1 and 5.3 survive the expiry or termination of this Agreement.

6.0 Delegation of Obligations

[COMMENT]Note: Please choose the applicable 1 of the following 3 options for clause 6.0 DELEGATION OF OBLIGATIONS:[/COMMENT]

[COMMENT]OPTION #1: To be used where the Province or Territory may delegate some of its responsibilities under this Agreement, but are NOT required to provide financial reports that are in accordance with the RG.[/COMMENT]

6.1 Delegation

6.1.1 Where the [/:Identify as a "Province" or "Territory"] delegates any or all of its obligations under this Agreement to an Agency or transfers Funding to an Agency to provide, in whole or in part, programs, services or activities for which Funding is provided, the [/:Identify as a "Province" or "Territory"] shall ensure that the Agency:

  1. has a specified mandate, a clearly identified role and a defined relationship with the [/:Identify as a "Province" or "Territory"];
  2. adheres to the accountability principles set out in this Agreement;
  3. maintains accounts and financial and non-financial records for each program, service or activity in respect of which the [/:Identify as a "Province" or "Territory"] has delegated obligations or transferred Funding to the Agency, and retains these accounts and records, including all original supporting documentation, for a period of seven (7) years from the latest Fiscal Year to which the accounts and records relate;
  4. in the event of an audit or evaluation under article 7.0 (Access by Canada to Records) or section 12.5 (Audit and Evaluation), upon request of the auditors or evaluators as the case may be:
    1. provides to those auditors or evaluators all accounts and records, including supporting documentation, of the Agency relating to any program, service or activity in respect of which the [/:Identify as a "Province" or "Territory"] has delegated obligations or transferred Funding to the Agency;
    2. allows those auditors or evaluators to inspect such accounts and records and, except where prohibited by law, take copies and extracts of such accounts and records;
    3. provides all necessary assistance to those auditors or evaluators, including providing them with access to the Agency's premises;
    4. directs any entity that has provided accounting or record keeping services to the Agency to provide to the auditors or evaluators copies of accounts and records relating to any program, service or activity in respect of which the [/:Identify as a "Province" or "Territory"] has delegated obligations or transferred Funding to the Agency; and
  5. does not delegate any of these obligations or transfer Funding to a representative or agent.

6.1.2 Without limiting the generality of subsection 6.1.1, where the [/:Identify as a "Province" or "Territory"] delegates any or all of its obligations under this Agreement or transfers Funding to an Agency, the terms of the delegation or transfer of Funding will be evidenced by a written agreement between the [/:Identify as a "Province" or "Territory"] and the Agency that:

  1. sets out the obligations of the Agency, including those necessary for the [/:Identify as a "Province" or "Territory"] to fulfill the requirements of subsection 6.1.1;
  2. provide that no agency, association, employer-employee, or joint venture relationship is created between the Agency and Canada; and
  3. is executed by authorized representatives of the [/:Identify as a "Province" or "Territory"] and of the Agency.

6.1.3 Upon the written request of a Federal Department during the term of this Agreement or within seven (7) years of its expiry or termination, the [/:Identify as a "Province" or "Territory"] shall provide to that Federal Department a copy of the agreement referred to in subsection 6.1.2.

6.2 Delegating [/:Identify as a "Province" or "Territory"] Remains Liable

6.2.1 Where the [/:Identify as a "Province" or "Territory"] delegates any or all of its obligations under this Agreement, the [/:Identify as a "Province" or "Territory"] will remain liable to Canada for the fulfillment of all of its obligations under this Agreement.

6.2.2 Where the [/:Identify as a "Province" or "Territory"] transfers Funding to an Agency to provide, in whole or in part, any program, service or activity for which Funding is provided, the [/:Identify as a "Province" or "Territory"] will remain liable to Canada for the fulfillment of all of its obligations under this Agreement.

6.2.3 This section survives the expiry or termination of this Agreement.

6.3 Additional obligations

6.3.1 The [/:Identify as a "Province" or "Territory"] shall comply with any additional obligations on delegation, and any obligations on subcontracting and assignment, that are set out in the Schedules.

[COMMENT]OPTION #2: To be used where the Province or Territory may delegate some of its responsibilities under this Agreement and is required to provide financial reports that are in accordance with the RG.[/COMMENT]

6.1 Delegation

6.1.1 Where the [/:Identify as a "Province" or "Territory"] delegates any or all of its obligations under this Agreement to an Agency or transfers Funding to an Agency to provide, in whole or in part, programs, services or activities for which Funding is provided, the [/:Identify as a "Province" or "Territory"] shall ensure that the Agency:

  1. has a specified mandate, a clearly identified role and a defined relationship with the [/:Identify as a "Province" or "Territory"];
  2. adheres to the accountability principles set out in this Agreement;
  3. provides to the [/:Identify as a "Province" or "Territory"] financial reports prepared:
    1. in accordance with the Reporting Guide; and
    2. in a manner permitting the preparation of the Financial Reports by the [/:Identify as a "Province" or "Territory"];
  4. consents to the release by the [/:Identify as a "Province" or "Territory"] to any Federal Department of the financial reports provided to the [/:Identify as a "Province" or "Territory"] under paragraph 6.1.1 (c);
  5. maintains accounts and financial and non-financial records for each program, service or activity in respect of which the [/:Identify as a "Province" or "Territory"] has delegated obligations or transferred Funding to the Agency, and retains these accounts and records, including all original supporting documentation, for a period of seven (7) years from the latest Fiscal Year to which the accounts and records relate;
  6. in the event of an audit or evaluation under article 7.0 (Access by Canada to Records) or section 12.5 (Audit and Evaluation), upon request of the auditors or evaluators as the case may be:
    1. provides to those auditors or evaluators all accounts and records, including supporting documentation, of the Agency relating to any program, service or activity in respect of which the [/:Identify as a "Province" or "Territory"] has delegated obligations or transferred Funding to the Agency;
    2. allows those auditors or evaluators to inspect such accounts and records and, except where prohibited by law, take copies and extracts of such accounts and records;
    3. provides all necessary assistance to those auditors or evaluators, including providing them with access to the Agency's premises;
    4. directs any entity that has provided accounting or record keeping services to the Agency to provide to the auditors or evaluators copies of accounts and records relating to any program, service or activity in respect of which the [/:Identify as a "Province" or "Territory"] has delegated obligations or transferred Funding to the Agency; and
  7. does not delegate any of these obligations or transfer Funding to a representative or agent.

6.1.2 Without limiting the generality of subsection 6.1.1, where the [/:Identify as a "Province" or "Territory"] delegates any or all of its obligations under this Agreement or transfers Funding to an Agency, the terms of the delegation or transfer of Funding will be evidenced by a written agreement between the [/:Identify as a "Province" or "Territory"] and the Agency that:

  1. sets out the obligations of the Agency, including those necessary for the [/:Identify as a "Province" or "Territory"] to fulfill the requirements of subsection 6.1.1;
  2. provide that no agency, association, employer-employee, or joint venture relationship is created between the Agency and Canada; and
  3. is executed by authorized representatives of the [/:Identify as a "Province" or "Territory"] and of the Agency.

6.1.3 Upon the written request of a Federal Department during the term of this Agreement or within seven (7) years of its expiry or termination, the [/:Identify as a "Province" or "Territory"] shall provide to that Federal Department:

  1. a copy of the agreement referred to in subsection 6.1.2; and
  2. a copy of the financial reports provided to the [/:Identify as a "Province" or "Territory"] by the Agency under paragraph 6.1.1 (c).

6.2 Delegating [/:Identify as a "Province" or "Territory"] Remains Liable

6.2.1 Where the [/:Identify as a "Province" or "Territory"] delegates any or all of its obligations under this Agreement, the [/:Identify as a "Province" or "Territory"] will remain liable to Canada for the fulfillment of all of its obligations under this Agreement.

6.2.2 Where the [/:Identify as a "Province" or "Territory"] transfers Funding to an Agency to provide, in whole or in part, any program, service or activity for which Funding is provided, the [/:Identify as a "Province" or "Territory"] will remain liable to Canada for the fulfillment of all of its obligations under this Agreement.

6.2.3 This section survives the expiry or termination of this Agreement.

6.3 Additional obligations

6.3.1 The [/:Identify as a "Province" or "Territory"] shall comply with any additional obligations on delegation, and any obligations on subcontracting and assignment, that are set out in the Schedules.

[COMMENT]OPTION #3: To be used where the Province or Territory will not be delegating any of its obligations nor transferring any Funding to an Agency, the following clause may replace sections 6.1, 6.2 and 6.3 [as well, the definition of an Agency in Definitions should be deleted].[/COMMENT]

6.1 Delegation

6.1.1 The [/:Identify as a "Province" or "Territory"] shall not delegate, subcontract, or assign any of its obligations under this Agreement.

7.0 Access by Canada to Records

7.1 Canada May Audit Accounts and Records

7.1.1 Upon request or with agreement of the [/:Identify as a "Province" or "Territory"], any Federal Department may, individually or in conjunction with other Federal Departments or the [/:Identify as a "Province" or "Territory"], audit or cause to have audited the accounts and records of the [/:Identify as a "Province" or "Territory"] and any Agency at any time during the term of this Agreement or within seven (7) years of the termination or expiry of this Agreement, in order to:

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

7.2 Scope and Timing of Audit of Accounts and Records

7.2.1 The scope, coverage and timing of any audit under section 7.1 (Canada May Audit Accounts and Records) will be determined by Canada in collaboration with the [/:Identify as a "Province" or "Territory"].

7.2.2 Any audit under section 7.1 will be carried out by auditors employed or contracted by Canada and, where the parties agree, by auditors employed or contracted by the [/:Identify as a "Province" or "Territory"].

7.3 Auditors' Access to Accounts, Records and Premises

7.3.1 In the event of an audit under section 7.1 (Canada May Audit Accounts and Records), the [/:Identify as a "Province" or "Territory"] shall, upon request:

  1. provide to the auditors referred to in section 7.2 (Scope and Timing of Audit of Accounts and Records) all accounts and records of the [/:Identify as a "Province" or "Territory"] relating to this Agreement and to the Funding, including all original supporting documentation;
  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 the [/:Identify as a "Province" or "Territory"]'s premises; and
  5. direct any entity that has provided accounting or record-keeping services to the [/:Identify as a "Province" or "Territory"] to provide copies of those accounts and records to the auditors. or; and

[COMMENT]Note: Where the Province or Territory is required to provide financial reports independently audited in accordance with the RG, the following paragraph 7.3.1 (f) is to be included.[/COMMENT]

  1. where independent auditors are engaged under section 4.3 (Reporting), give consent to those independent auditors to allow access by Canada's auditors to working papers that support the opinion or disclaimer of opinion, as applicable, on Financial Reports.

7.4 Records Maintained under Other Funding Agreements

7.4.1 The accounts and records Canada may audit or cause to have audited under section 7.1 (Canada May Audit Accounts and Records) include records maintained under any previous agreement through which the federal government has provided funding to the [/:Identify as a "Province" or "Territory"] that, in the opinion of any auditor employed or contracted under section 7.2 (Scope and Timing of Audit of Accounts and Records), may be relevant to the audit.

7.5 No Limitation on Other Sections

7.5.1 Section 7.1 (Canada May Audit Accounts and Records) does not limit:

  1. Canada's right to audit and evaluate under section 12.5 (Audit and Evaluation); or
  2. the [/:Identify as a "Province" or "Territory"]'s obligations, if any, under section 4.3 (Reporting).

8.0 Default

8.1 The [/:Identify as a "Province" or "Territory"] will be in default of this Agreement in the event that the [/:Identify as a "Province" or "Territory"] defaults on any of its obligations set out in this Agreement or any other agreement through which a Federal Department provides funding to the [/:RecipientName], as represented by the Minister of [/:MinistryName].

9.0 Remedies on Default

9.1 Parties Will Meet

9.1.1 Without limiting any remedy or other action Canada may take under this Agreement, in the event the [/:Identify as a "Province" or "Territory"] is in default, the parties will communicate or meet to review the situation.

9.2 Action Canada May Take

9.2.1 In the event the [/:Identify as a "Province" or "Territory"] 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. withhold any funds otherwise payable under this Agreement;
  2. require the [/:Identify as a "Province" or "Territory"] to take any other reasonable action necessary to remedy the default;
  3. take such other reasonable action as Canada deems necessary, including any remedies which may be set out in any Schedule; or
  4. terminate this Agreement.

9.3 Where Reporting Requirements Are Not Met

9.3.1 Without limiting remedies available to Canada set out in section 9.2 (Action Canada May Take), Canada may withhold Funding otherwise payable under this Agreement if Financial Reports, or any other report to be submitted under section 4.3 (Reporting), are not provided by the [/:Identify as a "Province" or "Territory"] to Canada as required under this Agreement or the corresponding clauses in its predecessor, if any. Subject to article 5.0 (Amounts Owing to Canada), any amounts so withheld must be paid by Canada to the [/:Identify as a "Province" or "Territory"] within forty-five (45) days of Canada's acceptance of subsequently submitted reports.

10.0 Dispute Resolution

10.1 Procedures

10.1.1 In the event that a dispute arises from or is related to this Agreement, the parties agree to attempt to resolve the dispute through negotiation or through another alternate dispute resolution process to which the parties agree and set out in writing.

10.1.2 Any exchanges between the parties in any negotiation or other alternate dispute resolution process under this section will not be admissible in any legal proceedings unless otherwise required by law. However, evidence that is independently admissible or discoverable will not be rendered inadmissible or non-discoverable by virtue of its use during that process.

10.2 Exceptions and Limitations

10.2.1 Disputes arising as a result of any of the following matters will not be dealt with under the dispute resolution process provided in section 10.1 (Procedures):

  1. budget decisions of the [/:Identify as a "Province" or "Territory"] that are consistent with the terms and conditions of this Agreement;
  2. the amount of Funding provided by Canada; and
  3. an audit or evaluation under article 7.0 (Access by Canada to Records) or section 12.5 (Audit and Evaluation).

10.2.2 No procedure under 10.1 (Procedures) will suspend or delay a decision by Canada that the [/:Identify as a "Province" or "Territory"] is in default or any action taken by Canada under article 9.0 (Remedies on Default) or section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities).

11.0 Termination

11.1 Parties May Terminate

11.1.1 Without limiting section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities) or Canada's right to terminate under section 9.2 (Action Canada May Take), this Agreement may be terminated by either party upon written notice to the other party, stipulating the reason for termination, provided that before any such termination can become effective:

  1. the parties exhaust any dispute resolution process initiated under article 10.0 (Dispute Resolution); and
  2. the parties agree on a time frame to terminate the Agreement in a manner that will not jeopardize the administration and delivery of the programs, services and activities for which Funding is provided.

11.2 When Parties Terminate

11.2.1 In the event of the termination of this Agreement:

[COMMENT]Note: Where the Province or Territory is required to provide financial reports in accordance with the RG, the following paragraph 11.2.1 (a) is to be included.[/COMMENT]

[COMMENT]Please select the department to which the "Province" or "Territory" will be sending the Financial Reports upon termination of this agreement.[/COMMENT]

  1. the [/:Identify as a "Province" or "Territory"] shall provide ISC with Financial Reports within one hundred and twenty (120) days of the date of termination;
  2. without limiting any other obligation under this Agreement to reimburse amounts to Canada, the [/:Identify as a "Province" or "Territory"] shall reimburse to Canada any unexpended Funding transferred to the [/:Identify as a "Province" or "Territory"], up to the termination date of this Agreement, unless the [/:Identify as a "Province" or "Territory"] and Canada agree otherwise in writing;
  3. subject to Canada's right to set off any amount owing to Canada under this Agreement, Canada shall pay to the [/:Identify as a "Province" or "Territory"] any monies owed to the [/:Identify as a "Province" or "Territory"], up to the termination date of this Agreement, unless the [/:Identify as a "Province" or "Territory"] and Canada agree otherwise in writing; and
  4. the [/:Identify as a "Province" or "Territory"] shall fulfill any other obligation relating to termination set out in any Schedule.

12.0 General

12.1 Schedules

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

  • SCHEDULE – 1: Program/Service Budgets, Authorities and Schedule of Monthly Payments Plan
  • SCHEDULE – 2: Funding (Set, Fixed, Flexible and Block)
  • SCHEDULE – 3: Funding: Delivery Requirements and Funding Adjustment Factors
  • SCHEDULE – 4: Schedule of Reporting Requirements and Due Dates
  • SCHEDULE – 5: Project
  • SCHEDULE OFD-1 Insert Other Federal Departments Name Terms and Conditions, where applicable

12.2 Entire Agreement

12.2.1 This Agreement constitutes the entire agreement between the parties and supersedes all previous negotiations, agreements, commitments, and writing in relation to the subject matter of this Agreement.

12.2.2 This Agreement is binding upon the parties and their respective administrators and successors.

12.3 Amendments

12.3.1 Subject to section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities), section 3.3 (Notice of Budget Adjustment (NOBA)), 3.4 (Formula-based or Factor-based Funding Adjustment), subsection 4.3.4 (Reporting), section 3.2 (Adjustment of Amounts Allocated by Period) of Schedule – 2, and section 3.3 (Where Amounts are Not Allocated by Period) of Schedule – 2, a written amending agreement signed by both parties is required to amend this Agreement.

12.4 Effect on Relationship of Parties

12.4.1 Nothing in this Agreement creates or is intended to create an agency, association, employer-employee, or joint venture relationship between the [/:Identify as a "Province" or "Territory"] and Canada, and the [/:Identify as a "Province" or "Territory"] shall not represent otherwise.

12.5 Audit and Evaluation

12.5.1 Upon request or with agreement of the [/:Identify as a "Province" or "Territory"], any Federal Department may, individually or in conjunction with other Federal Departments or the [/:Identify as a "Province" or "Territory"], at any time during the term of this Agreement or within seven (7) years of its expiry or termination, carry out one or more audits or evaluations of the effectiveness of any or all of the programs, services and activities funded under this Agreement, including those programs, services and activities provided, in whole or in part, by Agencies, or of the management practices of the [/:Identify as a "Province" or "Territory"] in relation to this Agreement. In the event of one or more such audits or evaluations, the [/:Identify as a "Province" or "Territory"] shall cooperate in the conduct of any such audit or evaluation and provide the auditors or evaluators such information as they require. The [/:Identify as a "Province" or "Territory"] shall maintain accounting documentation regarding all Funding provided by ISC, CIRNAC and other Federal Departments in a manner that will allow for audit.

12.6 Headings

12.6.1 Descriptive headings are inserted solely for convenience of reference and do not form part of this Agreement.

12.7 Waiver

12.7.1 No provision of this Agreement and no event of default by either party of any provision of this Agreement will be deemed to have been waived unless the waiver is in writing and signed by the other party.

12.7.2 The waiver by a party of 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.

12.8 Conflict of Interest Provisions Regarding Federal Officials

12.8.1 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.

12.8.2 No individual for whom the post-employment provisions of 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 applicable post-employment provisions.

12.9 Public Disclosure

12.9.1 Without limiting any right, obligation or capacity of Canada to disclose information, Canada may publicly disclose the name and address of the [/:Identify as a "Province" or "Territory"], the amount of Funding and the nature of any programs, services and activities for which Funding is provided.

12.10 Legislation and Government Publications

12.10.1 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, as the case may be.

12.10.2 Canada will publish a Reporting Guide for each Fiscal Year no later than 90 days before the Fiscal Year begins. Canada may amend a Reporting Guide during the Fiscal Year to which it applies only if the amendment arises from a requirement of the Treasury Board of Canada. Canada will promptly inform the [/:Identify as a "Province" or "Territory"] of any such amendment.

[COMMENT]Note: The following optional article 13.0 can be removed where Program or Region determines, based on results of risk assessment, that the exclusion of this clause is necessary.[/COMMENT]

13.0 Indemnification

13.1 The [/:Identify as a "Province" or "Territory"] shall save harmless and fully indemnify Canada, His officers, His Ministers, employees, servants and agents, successors and assigns from and against all claims, liabilities, and demands arising directly or indirectly from any act, omission, or negligence of the [/:Identify as a "Province" or "Territory"] or any Agency, any breach of this Agreement by the [/:Identify as a "Province" or "Territory"] and performance or non-performance (in whole or in part) of the [/:Identify as a "Province" or "Territory"]'s obligations under this Agreement, and any claims, liabilities and demands that may arise from the [/:Identify as a "Province" or "Territory"] or any Agency entering into any loan, capital lease or other long term obligation and such indemnification will survive the expiry or termination of this Agreement.

[COMMENT]Note: The following clause must be renumbered if article 13.0 is removed.[/COMMENT]

14.0 Notices

14.1 Where any notice, request or other communication is required to be given or made by either party to the other party under this Agreement, it must be in writing addressed to the party for whom it is intended at the applicable address noted in section 14.4 and may be given or made by either party by their duly authorized representatives.

14.2 The notice referred to in section 14.1 will be effective by using any one of the following methods, and deemed to have been given as at the date specified for each method:

  1. by personal delivery, on the date upon which the notice is delivered;
  2. by registered mail or courier, on the date upon which receipt of the notice is acknowledged by the other party;
  3. by facsimile or electronic mail, on the date upon which the notice is transmitted and receipt of such transmission by the other party can be confirmed.

14.3 Either party may change the address information referred to in section 14.4 by providing notice to the other party of such change.

14.4 Notices will be sent to:

  1. ISC at:
    [/:ArrNoticesRegionMailingInfo]
    Attention: Director, Funding Services
  2. the [/:Identify as a "Province" or "Territory"]
    at: [/:ArrNoticesRecipientPrimaryContactInfo]
    Attention:
  3. Federal Departments at:
    [/:ArrNoticeFedDeptMailingInfo]
    Attention:

This Agreement has been executed by Canada and the [/:Identify as a "Province" or "Territory"] by their duly authorized representatives.

[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 from both departments, the Minister of Indigenous Services representative must sign ISC's signature block(s) (Non-FNIHB or FNIHB), while the representative(s) of the Minister of Crown-Indigenous Relations and/or the Minister of Northern Affairs must sign CIRNAC's signature block(s). If the same person have the authority to sign for both departments, the signature blocks can be combined to have only one signature block for both departments referencing all Ministers included in the agreement. When the agreement involves OGDs (i.e. multi-departmental), insert the legal name of Minister(s) of other funding department(s).[/COMMENT]

SIGNED ON BEHALF OF HIS MAJESTY THE KING IN RIGHT OF CANADA
as represented by the Minister of Indigenous Services

by: ______________________________

Name: __________________________

Title: ____________________________
[COMMENT]non-FNIHB[/COMMENT]
Department of Indigenous Services

Date: ___________________________

by: ______________________________

Name: __________________________

Title: ____________________________
First Nation and Inuit Health Branch
Department of Indigenous Services

Date: ___________________________

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 Relations

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: ___________________________

SIGNED ON BEHALF OF [/:RecipientName]

[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: ___________________________

Schedule – 1
Program/Service Budgets, Authorities and Schedule of Monthly Payments Plan

[Regional Office will insert]

Schedule – 2
Funding (Set, Fixed, Flexible and Block)

1.0 Interpretation

1.1 In this Schedule:
Where more than one Federal Department provides Funding, all references to Schedule – 1 in this Schedule mean those parts of Schedule – 1 that refer to Funding provided by ISC.

2.0 Amount of funding

2.1 Subject to the terms and conditions of this Agreement, in each Fiscal Year, ISC shall transfer to the [/:Identify as a "Province" or "Territory"] Funding up to the amounts set out in Schedule – 1 for SET, FIXED, FLEX or BLOCK Funding for that Fiscal Year.

3.0 Payments

3.1 Payments to be Made in Accordance with Schedule – 1

3.1.1 Funding under section 2.1 will be paid to the [/:Identify as a "Province" or "Territory"] in accordance with amounts allocated by period in Schedule – 1 for each program, service or activity identified in that Schedule.

3.2 Adjustment of Amounts Allocated by Period

3.2.1 Where any amount allocated to a period in Schedule – 1 to fund a program, service or activity significantly differs from the [/:Identify as a "Province" or "Territory"]'s anticipated expenditures for the corresponding period, the [/:Identify as a "Province" or "Territory"] shall promptly notify ISC and, subject to subsection 3.2.3, propose adjustments to that Schedule accordingly. Canada shall notify the [/:Identify as a "Province" or "Territory"] of acceptance or rejection within thirty (30) days of the [/:Identify as a "Province" or "Territory"]'s notification. Where Canada accepts the proposed adjustments, Canada shall attach the adjusted Schedule – 1 to Canada's notice of acceptance. The adjusted Schedule – 1 will replace the previous Schedule – 1.

3.2.2 Where an amount expended by the [/:Identify as a "Province" or "Territory"] on a program, service or activity identified as SET or FLEX in Schedule – 1 in a period differs from the amount paid to the [/:Identify as a "Province" or "Territory"] to fund that program, service or activity for that period, Canada may, by notice to the [/:Identify as a "Province" or "Territory"], adjust one or more subsequent allocations by period in Schedule – 1 to reconcile the difference. Canada shall attach the adjusted Schedule – 1 to any notice. The adjusted Schedule – 1 will replace the previous Schedule – 1.

3.2.3 No total annual amount for any program, service or activity set in Schedule – 1 may be changed under subsection 3.2.1.

3.3 Where Amounts are Not Allocated by Period

3.3.1 Where amounts are not allocated to a period in Schedule – 1 for a program, service or activity identified in that Schedule, the [/:Identify as a "Province" or "Territory"] must make a request to Canada to allocate payments by period for that program, service or activity in accordance with section 3.4 (Requirements for a Payment Request) in order to receive Funding for that program, service or activity.

3.3.2 Canada shall notify the [/:Identify as a "Province" or "Territory"] of acceptance or rejection of a request under section 3.4 (Requirements for a Payment Request) within thirty (30) days of the [/:Identify as a "Province" or "Territory"]'s request. Where Canada accepts the request, Canada shall attach an adjusted Schedule – 1 to Canada's notice of acceptance. The adjusted Schedule – 1 will replace the previous Schedule – 1.

3.4 Requirements for Payment Request

[COMMENT]TO BE POPULATED BY REGIONAL OFFICE OF PROGRAM ACCORDING TO PROGRAM TERMS AND CONDITIONS[/COMMENT]

3.4.1

4.0 Expenditures and Unexpended Funding

4.1 Eligible Expenditures

4.1.1 The [/:Identify as a "Province" or "Territory"] shall expend the Funding provided under section 2.1 only for the purpose of delivering each program, service and activity identified in Schedule – 1 in the Fiscal Years for which Funding is allocated for that program, service or activity in Schedule – 1 and in accordance with the delivery requirements for that program, service or activity set out in Schedule – 3.

4.2 Reimbursement of Ineligible Expenditures

4.2.1 For each program, service or activity identified in Schedule – 1, the [/:Identify as a "Province" or "Territory"] shall reimburse to ISC the amount of any expenditure it makes against annual amounts allocated in that Schedule for that program, service or activity and that is not in accordance with the delivery requirements set out in Schedule – 3 for that program, service or activity. If there is more than one funding source for a program, service or activity, the [/:Identify as a "Province" or "Territory"] shall reimburse to ISC an amount calculated by prorating the amount of any such expenditure in accordance with the proportion of ISC's Funding for that program, service or activity.

4.2.2 Any expenditure by the [/:Identify as a "Province" or "Territory"] on program, service or activity against annual amounts allocated in Schedule – 1 for that program, service or activity with respect to which any reporting requirement of this Agreement has not been fulfilled to the satisfaction of ISC will be deemed to be not in accordance with the program, services or activity delivery requirements and must be reimbursed to ISC under this section.

5.0 Set Funding

5.1 The [/:Identify as a "Province" or "Territory"] may only expend Set Funding :

  1. for each of the Activities for which it is allocated in Schedule – 1 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.

5.2 The [/:Identify as a "Province" or "Territory"] may, with the written agreement of Canada, reallocate any Set Funding among any Functional Areas within the same Budget Area according to Schedule – 1 during the same Fiscal Year.

5.3 The [/:Identify as a "Province" or "Territory"] shall immediately notify Canada in writing during a Fiscal Year if it anticipates having unexpended Set Funding for that Fiscal Year.

5.4 If, at the end of a Fiscal Year and following any reallocation permitted in this section, the [/:Identify as a "Province" or "Territory"] has not expended all Set Funding as allocated for each Activity for that Fiscal Year, the [/:Identify as a "Province" or "Territory"] shall repay the unspent amount to Canada. If Cost-sharing applies to the Activity, the [/:Identify as a "Province" or "Territory"] shall instead repay to Canada an amount, proportional to Canada's funding share, of the unspent amount from all sources.

5.5 Subject to the funding provisions of this Agreement, Canada shall reimburse to the [/:Identify as a "Province" or "Territory"] any shortfall in Set Funding for any Activity that is described in the Delivery Requirements as being subject to full reimbursement.

6.0 Fixed Funding

6.1 The [/:Identify as a "Province" or "Territory"] may only expend Fixed Funding:

  1. for each of the Activities for which it is allocated in Schedule – 1 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.

6.2 Unless Schedule – 3 provides otherwise, the [/:Identify as a "Province" or "Territory"] may reallocate any Fixed Funding for a Budget Activity set out in Schedule – 1, 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.

6.3 Subject to subsection 6.4, if the [/:Identify as a "Province" or "Territory"] has not expended all Fixed Funding that is allocated or has been reallocated for an Activity for that Fiscal Year, the [/:Identify as a "Province" or "Territory"] shall repay the unspent amount to Canada. If Cost-Sharing applies to the Activity, the [/:Identify as a "Province" or "Territory"] shall instead repay to Canada an amount, proportional to Canada's funding share, of the unspent amount.

6.4 Subject to paragraph 11.2.1 of the main body of this Agreement, the [/:Identify as a "Province" or "Territory"] 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, the [/:Identify as a "Province" or "Territory"] may retain and spend that amount in the following Fiscal Year if the following conditions are met:
    1. the [/:Identify as a "Province" or "Territory"] 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 the [/:Identify as a "Province" or "Territory"], 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. the [/:Identify as a "Province" or "Territory"] reports on its expenditure of the unexpended Fixed Funding in accordance with the Reporting Guide; and
    4. any unspent amount from any Health Activities is not expended on any non-Health Activities and any unspent amount for any non-Health Activities is not expended on any Health Activities.
  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, the [/:Identify as a "Province" or "Territory"] 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. the [/:Identify as a "Province" or "Territory"] 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 of the unspent amount that is submitted by the [/:Identify as a "Province" or "Territory"] to Canada within 120 days after the end of that Fiscal Year and that Canada accepts by way of notice to the [/:Identify as a "Province" or "Territory"].
    2. the [/:Identify as a "Province" or "Territory"] reports on its expenditure of the unexpended Fixed Funding in accordance with the Reporting Guide; and
    3. any unspent amount from any Health Activities is not expended on any non-Health Activities and any unspent amount for any non-Health Activities is not expended on any Health Activities

7.0 Flexible Funding

7.1 The [/:Identify as a "Province" or "Territory"] may only expend Flexible Funding :

  1. for each of the Activities for which it is allocated in Schedule – 1 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.

7.2 Unless Schedule – 3 provides otherwise, the [/:Identify as a "Province" or "Territory"] may reallocate any Flexible Funding as follows, provided that all Mandatory Activities, funded by Flexible Funding, are delivered in that Fiscal Year:

  1. with respect to non-Health Activities, among any Functional Areas that have Flexible Funding that falls under the same Program Inventory ( and within the same Program Service Area) according to schedule – 1 during a Fiscal Year; and
  2. with respect to Health Activities, among any Functional Areas that have Flexible Funding that falls under Program Services Areas with the same 3 letter prefix, irrespective of the Program Inventory, according to Schedule – 1 during a Fiscal Year.

7.3 Subject to paragraph 11.2.1 of the main body of this Agreement, if at the end of a Fiscal Year other than the final Fiscal Year, the [/:Identify as a "Province" or "Territory"] has not expended all Flexible Funding for that Fiscal Year, the [/:Identify as a "Province" or "Territory"] may retain the unspent amount for expenditure in a subsequent Fiscal Year in accordance with this section:

  1. With respect to non-Health Activities, if the following conditions are met:
    1. the [/:Identify as a "Province" or "Territory"] 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 the [/:Identify as a "Province" or "Territory"] to Canada within 120 days after the end of that Fiscal Year and that Canada accepts by way of notice to the [/:Identify as a "Province" or "Territory"];
    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 the [/:Identify as a "Province" or "Territory"], 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. any unspent amount from any non-Health Activities is not expended on any Health Activities; and
    4. the [/:Identify as a "Province" or "Territory"] reports on its expenditure of the unexpended Flexible Funding in accordance with the Reporting Guide.
  2. With respect to Health Activities, if the following conditions are met:
    1. the [/:Identify as a "Province" or "Territory"] expends the unexpended Flexible Funding among any Functional Areas that have Flexible Funding that falls under Program Service Areas with the same 3 letter prefix, irrespective of the Program Inventory;
    2. the [/:Identify as a "Province" or "Territory"] expends the unexpended Flexible Funding in accordance with a plan for expenditure of the unexpended Flexible Funding that is submitted by the [/:Identify as a "Province" or "Territory"] to Canada within 120 days after the end of that Fiscal Year and that Canada accepts by way of notice to [/:Identify as a "Province" or "Territory"];
    3. 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 the [/:Identify as a "Province" or "Territory"], 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;
    4. any unspent amount from any Health Activities is not expended on any non-Health Activities; and
    5. the [/:Identify as a "Province" or "Territory"] reports on its expenditure of the unexpended Flexible Funding in accordance with the Reporting Guide.

7.4 Subject to subsection 7.3, following any reallocation permitted in this section, the [/:Identify as a "Province" or "Territory"] 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 the [/:Identify as a "Province" or "Territory"], 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, the [/:Identify as a "Province" or "Territory"] shall instead repay to Canada an amount, proportional to Canada's funding share, of the unspent amount from all required sources.

8.0 Block Funding

8.1 The [/:Identify as a "Province" or "Territory"] may only expend any Block Funding:

  1. for the Activities under the heading Block Funding (or BLOCK) in Schedule – 1 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.

8.2 Subject to subsection 8.4, 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.

8.3 Subject to subsection 8.4, and provided that Mandatory Activities, funded by Block Funding, are delivered in the relevant Fiscal Year, the [/:Identify as a "Province" or "Territory"] may expend Block Funding on any Activities funded by Set, Fixed or Flexible Funding during that Fiscal Year if the [/:Identify as a "Province" or "Territory"] submits a written plan to Canada for such expenditures and Canada accepts the plan by notice to the [/:Identify as a "Province" or "Territory"].

8.4 Block Funding allocated for any Health Activities may not be expended on any non-Health Activities, nor may any Block Funding allocated for any non-Health Activities be expended on any Health Activities.

8.5 If, at the end of a Fiscal Year, the [/:Identify as a "Province" or "Territory"] 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 8.3, the [/:Identify as a "Province" or "Territory"] may, subject to paragraph 11.2.1 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 the [/:Identify as a "Province" or "Territory"]:

  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 the [/:Identify as a "Province" or "Territory"];
  2. an unspent amount from any Health Activities may not be expended on any non-Health Activities, nor may any unspent amount for any non-Health Activities be expended on any Health Activities; and
  3. 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.

9.0 Limit on Reallocation of Funding

9.1 Notwithstanding sections 5 to 8 of this Schedule the following limitations apply to the reallocation of the following funding amounts in Schedule – 1:

  1. Supplementary Health Benefits (SHB) funding may only be reallocated within the SHB Program Inventory;
  2. Indian Residential Schools (IRS) funding may only be reallocated within the Mental Wellness IRS Budget Activity;
  3. Jordan's Principle funding may only be reallocated within the Jordan's Principle Program Inventory; and
  4. Health Services Integration Fund and Capital Investments funding may not be reallocated.

10.0 Survival

10.1 All sections in article 4.0 (Expenditure and Unexpended Funding), except section 4.1 (Eligible Expenditures) of this Schedule survive the expiry or termination of this Agreement.

Schedule – 3
Funding: Delivery Requirements and Funding Adjustment Factors

Health Activities

[COMMENT]Include the following "Intentionally Omitted" section when there is NO Health Activity in this Agreement[/COMMENT]

1.0 Intentionally Omitted

2.0 Intentionally Omitted

3.0 Intentionally Omitted

[COMMENT]Include the following section when there are Health Activities in this Agreement[/COMMENT]

1.0 Delivery Requirements for Health Activities

1.1 Health Activities shall be delivered by [/:Identify as a "Province" or "Territory"] in accordance with the terms of this Agreement and the following plans:

  1. Health Activities funded by Set Funding or Fixed Funding shall be delivered by [/:Identify as a "Province" or "Territory"] in accordance with the Program Plan;
  2. Health Activities funded by Flexible Funding or Block Funding shall be delivered by [/:Identify as a "Province" or "Territory"] in accordance with its Health Plan;
  3. Project based Health Activities shall be delivered by [/:Identify as a "Province" or "Territory"] in accordance with Schedule – 5.

1.2 In the event of a conflict between the plans referred to in subsection 1.1 and the other provisions of this Agreement, the other provisions of this Agreement will govern.

2.0 Health Plan

2.1[/:Identify as a "Province" or "Territory"] shall, submit a Health Plan to Canada to establish terms and conditions for Health Activities funded by Flexible Funding or Block Funding. [/:Identify as a "Province" or "Territory"] shall amend the Health Plan as necessary to reflect any changes made to its Activity priorities and objectives and submit such amendments to Canada. [/:Identify as a "Province" or "Territory"] shall provide all amendments to Canada for review prior to implementing them.

2.2 Canada shall review the Health Plan and any amendments or replacements thereof to determine whether the plan is eligible to be supported with Flexible Funding or Block Funding. Canada may require adjustments to the Health Plan prior to the commencement or continuation of the provision of the Funding.

3.0 Definitions

In this Schedule, the following terms have the following meanings:

  1. "Health Plan" means a comprehensive health plan or the multi-year workplan prepared by [/:Identify as a "Province" or "Territory"] and approved by Canada which sets out how [/:Identify as a "Province" or "Territory"] will deliver Health Activities funded by Flexible or Block Funding, and further described in section 2 of this Schedule.
  2. "Program Plan" means a plan prepared by Canada and provided to [/:Identify as a "Province" or "Territory"] for the delivery of Health Activities funded by Set Funding or Fixed Funding. The Program Plan may be incorporated into [/:Identify as a "Province" or "Territory"]'s Health Plan if it also receives Flexible Funding or Block Funding for Health Activities.

Non-Health Activities

[COMMENT]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 Set, Fixed or Flexible Funding for ISC.[/COMMENT]

4.0 Intentionally Omitted

[COMMENT]Include the following section when there are Activities Funded by Set, Fixed or Flexible Funding for ISC.[/COMMENT]

4.0 Activities Funded by Set, Fixed and Flexible Funding for ISC
Program/ Service/ Activity Delivery Requirements Adjustment Factor
Elementary and Secondary Education - Provincial Schools [COMMENT]Delivery Requirements to be used when ISC is entering into a Funding Agreement with a provincial school board/district/division:[/COMMENT] The Province shall deliver the Elementary and Secondary Education instructional services to eligible students from [insert the names of the bands/reserves where the students are living] who wish to attend the Province's school(s) in accordance with the Elementary and Secondary Education Program National Program Guidelines issued by ISC as amended from time to time. [insert an Adjustment Factor when applicable]
Targeted High-Cost Special Education Program [COMMENT]Delivery Requirements to be used when ISC is entering into a Funding Agreement with a provincial school board/district/division:[/COMMENT] The [/:Identify as a "Province" or "Territory"] shall administer the Targeted High-Cost Special Education Program in accordance with the High-Cost Special Education Program National Program Guidelines issued by ISC as amended from time to time. [insert an Adjustment Factor when applicable]
Income Assistance The [/:Identify as a "Province" or "Territory"] shall: (a) administer the Income Assistance Program in accordance with ISC's Income Assistance National Program Guidelines and any other approved program documentation issued by ISC as amended from time to time. [COMMENT]Use the following text when funding the Recipient to administer pre-employment supports based on an approved proposal:[/COMMENT] (b) administer pre-employment supports in accordance with the proposal [Name of Project] approved on [Month, Day, Year]. [insert an Adjustment Factor when applicable]
First Nation Child and Family Services The [/:Identify as a "Province" or "Territory"] shall administer the First Nations Child and Family Services Program in accordance with Provincial/Territorial legislation, the First Nation Child and Family Services Program's Terms and Conditions and any other current approved program documentation issued by ISC as amended from time to time. [insert an Adjustment Factor when applicable]
Community Well-being and Jurisdiction Initiative The [/:Identify as a "Province" or "Territory"] shall administer the Community Well-being and Jurisdiction Initiative Program in accordance with Provincial/Territorial legislation, the Community Well-Being and Jurisdiction Initiatives Program's Terms and Conditions and any other current approved program documentation issued by ISC as amended from time to time. [insert an Adjustment Factor when applicable]
First Nation Child and Family Services Case Management Systems The [/:Identify as a "Province" or "Territory"] shall carry out project activities in accordance with the signed Memorandum of Understanding, and proposal, work plan and related budget for [Project Name] approved on [Month, Day, Year]. [insert an Adjustment Factor when applicable]
Assisted Living The [/:Identify as a "Province" or "Territory"] shall administer the Assisted Living Program in accordance with ISC's National Assisted Living Program Guidelines and any other current approved program documentation issued by ISC and as amended from time to time. [insert an Adjustment Factor when applicable]
Family Violence Prevention The [/:Identify as a "Province" or "Territory"] shall administer the Family Violence Prevention Program in accordance with ISC's Family Violence Prevention Program National Guidelines and any other current approved program documentation issued by ISC and as amended from time to time. The initial budget established for the Fiscal Year may be increased or decreased as required.
Day Care (Ontario and Alberta only) The Province shall administer the [Identify as "Day Care program in accordance with the 1965 Welfare Agreement (Ontario)" or "the 1991 Arrangement for the Funding and Administration of Social Services (Alberta Reform Agreement)"] and any other current approved program documentation issued by ISC and as amended from time to time. [insert an Adjustment Factor when applicable]
James Bay Northern Quebec Education Agreement The Province shall provide the necessary programs and services or capital projects, and carry out the activities for which funding is provided. [insert an Adjustment Factor when applicable]
Emergency Management Assistance Forest Fire Suppression The [/:Identify as a "Province" or "Territory"] shall provide Emergency Management Assistance - fire suppression services to applicable First Nations communities in accordance with the negotiated and approved annual work plan. The [/:Identify as a "Province" or "Territory"] shall administer funding for extended levels of fire suppression services for First Nations communities in accordance with the negotiated and approved annual work plan. All services and funding provided by the [/:Identify as a "Province" or "Territory"] shall align in accordance with the requirements detailed in the service Agreement. [insert an Adjustment Factor when applicable]
Oil & Gas Management The [/:Identify as a "Province" or "Territory"] shall carry out activities in accordance with the program guidelines, and ISC approved plans, including project terms and conditions. [insert an Adjustment Factor when applicable]
Oil & Gas Research The [/:Identify as a "Province" or "Territory"] shall carry out activities in accordance with the program guidelines, and ISC approved plans, including project terms and conditions. [insert an Adjustment Factor when applicable]
Contaminated Sites on Reserve 1.0 The [/:Identify as a "Province" or "Territory"] shall undertake the activities in accordance with the detailed Work Plan dated [Month, Day, Year]. 2.0 The implementation of the activities will be subject to the project management and governance framework as set out in the detailed Work Plan dated [Month, Day, Year]. [insert an Adjustment Factor when applicable]
Lands and Economic Development Services Program: First Nations Land Management 1. Developmental: The Council shall implement the Framework Agreement on First Nation Land Management through the Implementation Document, as amended from time to time, and agreed to by the Parties and the First Nations Land Management Resource Centre Inc. 2. Operational: The Council shall manage their land, resources and environment in accordance with the First Nation's own Land Code, the Framework Agreement on First Nation Land Management and the First Nation Land Management Act and shall ensure that all land transactions are registered in the First Nations Land Registry in accordance with the First Nations Land Management Registry Regulations. 3. Environmental Site Assessment: The Council shall carry out the approved activities as described in the project description. [insert an Adjustment Factor when applicable]

[COMMENT]Include the following "Intentionally Omitted" section when there is NO Activity Funded by Set, Fixed or Flexible Funding for CIRNAC.[/COMMENT]

5.0 Intentionally Omitted

[COMMENT]Include the following section when there are Activities Funded by Set, Fixed or Flexible Funding for CIRNAC.[/COMMENT]

5.0 Activities Funded by Set, Fixed and Flexible Funding for CIRNAC
Program/ Service/ Activity Delivery Requirements Adjustment Factor
Devolution [COMMENT]Regarding the Strengthening Financial Management and Networking Capacity contribution arrangement with the Government of Nunavut the following standard shall apply:[/COMMENT] The Territory 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]. [COMMENT]For the NWT Devolution Agreements the following standard shall apply:[/COMMENT] The Territory 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]
Northern Contaminants Program The [/:Identify as a "Province" or "Territory"] shall carry out Northern Contaminants Program activities in accordance with the Northern Contaminants Program Guidelines, and CIRNAC approved plans, including project terms and conditions. [insert an Adjustment Factor when applicable]
Federal Contaminated Sites - FCSAP - Non FCSAP Remediation 1. The [/:Identify as a "Province" or "Territory"] shall carry out the activities set out in the Detailed Work Plan (DWP) for [Identify remediation project] for [Identify Fiscal Year] dated [Month, Day, Year].

2. Specific for FARO: The implementation of the activities set out in the DWP shall be subject to the project management and governance framework set out in Annex "A".		 [insert an Adjustment Factor when applicable]
Federal Contaminated Sites - FCSAP, Non- FCSAP Consultation and/or Engagement The [/:Identify as a "Province" or "Territory"] shall carry out the activities set out in the Detailed Work Plan (DWP) for [Identify remediation project] for [Identify Fiscal Year] dated [Month, Day, Year]. [insert an Adjustment Factor when applicable]
Land and Water Management The [/:Identify as a "Province" or "Territory"] 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]
Intergovernmental Forums The [/:Identify as a "Province" or "Territory"] 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]
Commissioners Yukon The Commissioner 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 Council The [/:Identify as a "Province" or "Territory"] shall carry out Circumpolar initiatives in accordance with Arctic Council/Canada- Russia Arctic Cooperation Guidelines, and 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 The [/:Identify as a "Province" or "Territory"] shall carry out the CIMS/CEAM activities in accordance with the CIMS/CEAM Program Guidelines and CIRNAC approved plans including project terms and conditions. [insert an Adjustment Factor when applicable]
Indigenous Community-Based Climate Monitoring Program The [/:Identify as a "Province" or "Territory"] shall carry out Indigenous Community-Based Climate Monitoring Program activities in accordance with the approved project plan and agreed-upon terms and conditions dated [proposal submission date]. [insert an Adjustment Factor when applicable]
Climate Change Preparedness in the North The [/:Identify as a "Province" or "Territory"] shall carry out Climate Change Preparedness in the North activities in accordance with the approved project plan and agreed-upon terms and conditions dated [proposal submission date]. [insert an Adjustment Factor when applicable]
Engaging Indigenous People in Climate Policy The [/:Identify as a "Province" or "Territory"] shall carry out Engaging Indigenous People in Climate Policy 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 The [/:Identify as a "Province" or "Territory"] shall carry out First Nation Adapt activities in accordance with the approved project plan and agreed-upon terms and conditions dated [proposal submission date]. [insert an Adjustment Factor when applicable]
Northern REACHE The [/:Identify as a "Province" or "Territory"] shall carry out Northern REACHE activities in accordance with the approved project plan and agreed-upon terms and conditions dated [proposal submission date]. [insert an Adjustment Factor when applicable]
Claims Implementation - Contributions YESSA Implementation The Territory shall carry out activities in accordance with the Umbrella Final Agreement. [insert an Adjustment Factor when applicable]

Schedule – 4: Schedule of Reporting Requirements and Due Dates

[Regional Office will insert]

Schedule – 5: Project

[COMMENT]Note: Here will be attached the relevant project information.[/COMMENT]

Schedule OFD-1

[OTHER FEDERAL DEPARTMENTS NAME] TERMS AND CONDITIONS

[COMMENT]Note: Here will be attached the specific Federal Department Terms and Conditions.[/COMMENT]

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