Tribal Council Funding Program Policy - Effective April 1, 2016 to March 31, 2017
Table of Contents
1. Effective Date
This version of the Tribal Council Funding Program Policy applies to all Tribal Council Funding agreements that take effect on or after April 1, 2016. Previous policies, directives and procedures related to the Tribal Council Funding Program continue to apply to Tribal Council Funding Agreements in effect up to March 31, 2016.
2. Legal and Policy Authority
Department of Indian Affairs and Northern Development Act, R.S.C., 1985, c. I-6, s. 4
The Financial Administration Act, subsections 122 (1), 123 (1) and 124 (1).
Contributions to supply public services in Indian Government Support and to build strong governance, administrative and accountability systems
3. Program Context
Tribal Council Funding provides core operational support to tribal councils to cover the administration and management costs associated with operating a regional service delivery organization.
This policy sets out clear roles and responsibilities for Indigenous and Northern Affairs Canada Headquarters (HQ), regional offices, tribal councils and First Nations regarding the purpose, execution, and management of the Tribal Council Funding Program.
The Tribal Council Funding Program Policy strengthens transparency and accountability and ensures that resources are directed toward the more efficient and effective delivery of programs/services and capacity development of a tribal council's member First Nations by using a consistent national approach to funding tribal councils.
4. Program Objectives and Expected Results
Objective
The Tribal Council Funding Program supports the core operations of tribal councils to enable them to develop the capacity of their member First Nations, as well as provide aggregated program/service delivery as agreed to by their member First Nations.
Expected Results
The Tribal Council Funding Program is expected to support stable, transparent and accountable aggregate service delivery by tribal councils.
5. Eligibility for the Tribal Council Funding Program
Please view the Tribal Council Funding Table for a list of tribal councils eligible for Tribal Council Funding. No new tribal councils will be approved for Tribal Council Funding.
Tribal councils are eligible for the Tribal Council Funding Program when they have been endorsed by the board of directors and agree to take on responsibility for the delivery of programs/services and capacity development of member First Nations as designated by their member First Nations.
Eligible Expenditures
The following list describes expenditures eligible for Tribal Council Funding:
- Salaries and wages;
- Office overhead and rent;
- Core administrative costs;
- Administrative costs associated with the delivery of departmentally funded major programs;
- Capacity development of member First Nations.
Ineligible Expenditures
The following describes some types of ineligible expenditures but is not an exhaustive list:
- Tribal Council Funding cannot be used to supplement administrative costs of a program/service, project, or other initiative which already provides funding for administration costs; and,
- Tribal Council Funding cannot be used for any costs related to supporting political advocacy or political activities.
Regional offices will work with tribal councils to ensure that only eligible expenditures are funded through the Tribal Council Funding Program.
6. Funding Process
Method for Determining the Amount of Funding
Funding levels will be determined by the value of eligible expenditures described in the tribal council work plan, and by the funding formula, which is calculated according to the following three factors:
- the number of member First Nations;
- the total on-reserve population of the member First Nations; and
- the number of ongoing major programs delivered by each tribal council.
Please refer to Appendix B – Guidelines on Ongoing Major Programs for information on ongoing major programs.
Population information is based on the Indian Registry System as of December 31 of the previous fiscal year and encompasses the following five categories:
- On-Reserve – Own Band
- On-Reserve – Other Band
- On Crown Land – Own Band
- On Crown Land – Other Band
- On Crown Land – No Band
Funding Formula
Based on the tribal council's work plan, a tribal council will be eligible for Tribal Council Funding up to the amounts specified in each of the following three funding tiers:
Tier 1 – $200,000
Tier 1 tribal councils are eligible for $200,000 per year. Each has the following characteristics:
- Serves 2 to 5 member First Nations; and
- Serves an on-reserve population less than 2,000; and
- Delivers fewer than 3 ongoing major programs.
Tier 2 – $350,000
Tier 2 tribal councils are eligible for $350,000 per year. Each has one or more of the following characteristics:
- Serves 6 to 8 member First Nations; or
- Serves an on-reserve population of between 2,000 and 5,500; or
- Delivers 3 to 5 ongoing major programs.
Tier 3 – $500,000
Tier 3 tribal councils are eligible for $500,000 per year. Each has one or more of the following characteristics:
- Serves 9 or more member First Nations; or
- Serves an on-reserve population over 5,500; or
- Delivers 6 or more ongoing major programs.
To be eligible for Tier 1, all three funding eligibility criteria must be met. To be eligible for Tier 2 or Tier 3, the tribal council must meet one or more of the funding eligibility criteria. For example, an on-reserve population over 5500 is enough to qualify for Tier 3, regardless of the number of ongoing major programs delivered. The tribal council will still be required to deliver on the terms of the agreement described in its work plan, which includes capacity development of its member First Nations and/or program/service delivery.
Tribal councils will be reassessed using information available to the Department as of December 31. There will be no mid-year tier funding adjustments for tribal councils who add/remove major programs or who experience an increase/decrease in membership. These amendments will only be applied as of April 1 in the fiscal year following the changes.
Block funded tribal councils will be reassessed prior to the first year of a new funding agreement and will remain at that tier for the length of the agreement.
Basis on Which Payments Will be Made
Contributions are paid based on the criteria established within the tiered funding structure. Payments will be generally made to tribal councils in two payments per year. At the discretion of the Department, the funding disbursement can be adjusted accordingly, with monthly payments and hold backs used as needed.
Block Contributions will be paid according to the block funding criteria established within their funding agreements.
Maximum Amount Payable
The amount payable to each tribal council is determined by the funding formula and will not exceed $500,000 annually.
In the case of recipients funded through the block contributions, the maximum amount payable may increase by no more than two percent per year or the increase in the Department's reference level as appropriated by Parliament.
7. Application and Assessment Criteria
Tribal councils must complete an application for Tribal Council Funding annually, or for the first year of a Block Contribution, and submit it to the appropriate regional office.
The application form contains data used in the formula to establish the funding level and therefore must be reviewed for comparison with departmental records and approved by the regional office. The application form is a document separate from the funding arrangement and is not incorporated into the text of the arrangement.
8. Work Plan
Tribal councils will be required to complete a work plan annually, or for the first year of a Block Contribution, endorsed by each member First Nation as per the board of directors. For a work plan to be accepted, the tribal council must plan on delivering programs/services and/or capacity development of its member First Nations. Work plans consisting of only core administration costs will be rejected.
In the case of an inactive member First Nation, the affected tribal council may:
- Have the ability to submit a tribal council resolution in the place of the inactive member First Nation to the Department, effectively giving notice that the member will be leaving the tribal council.
- In the work plan, indicate its transition plan for ceasing programs/services to the inactive member First Nation. If no programs/services are being provided, then this may also be stated.
- Have the work plan endorsed by each remaining active member First Nation.
- Upon approval of the work plan, continue to receive its current level of funding for the affected year (including the exiting member First Nation in its funding formula calculation) with the understanding that its funding level will be adjusted if required, with the following funding agreement.
If a tribal council submits an endorsed work plan that contains activities and/or expenditures not eligible for Tribal Council Funding, the regional office will inform the tribal council. The tribal council may then choose to operate with the existing work plan, with its Tribal Council Funding reduced to the level of eligible expenditures, or to submit a revised work plan. A tribal council may submit an amended, endorsed work plan at any time during the term of the funding agreement.
Work plans received before September 30 in a given year may be used to fund a tribal council for the remainder of its approved full tier amount if it has not yet received it.
Tribal councils must declare any and all prospective sources of funding for eligible activities described on the work plan inclusive of all federal, provincial or other government sources that are expected to be received.
The work plan must be readily accessible to member First Nations and should be posted on the tribal council's website where possible, or alternatively made available at the tribal council office or electronically via e-mail or social media.
9. Monitoring and Reporting
In order to continue to receive funding, the eligible tribal council will provide the Department with a program specific annual report which is endorsed by each member First Nation that includes information specified by the Department to verify compliance to the policy and guidelines. The annual report, in conjunction with the annual audited financial statement, will be used to demonstrate that a tribal council is in a position to continue to maintain the financial management of its departmentally funded activities.
If activities were not part of the tribal council's endorsed work plan or report, they will automatically be considered ineligible expenditures.
Endorsed activities will be reviewed for eligibility using the same criteria that was used for reviewing that year's work plan.
To avoid unexpected recoveries, tribal councils are encouraged to discuss activities not covered by an endorsed work plan with their regional office before using Tribal Council Funding to undertake them.
Please refer to Appendix C – Guidelines on Eligible Activities and Expenditures for more information.
The report must be readily accessible to member First Nations and should be posted on the tribal council's website where possible, or alternatively made available at the tribal council office or electronically via e-mail or social media.
Tribal councils are encouraged to work with their regional office to ensure that accurate data is available to fill out the application, work plan, and report.
10. Related Documents
- Appendix A – Roles and Responsibilities
- Appendix B – Guidelines on Ongoing Major Programs
- Appendix C – Guidelines on Eligible Activities and Expenditures
- Appendix D – Definitions
- Tribal Council Funding Program Manual (contact your regional office for a copy)
Appendices
Appendix A – Roles and Responsibilities
| Governing Body | Roles and Responsibilities |
|---|---|
| HQ |
|
| Regional Offices |
|
| Tribal Councils |
|
| Member First Nations |
|
Appendix B – Guidelines on Ongoing Major Programs
A tribal council that has its ongoing major programs assessed using these criteria will be considered to be managing an ongoing major program if its funding agreement includes at least one amount of funding from the lists below of activities within each ongoing major program. Only programs which are being delivered to the benefit of a tribal council's member First Nation may be counted as major programs. While tribal councils may choose to deliver programs/services to non-members, funding will not be provided for the delivery of these programs/services through the Tribal Council Funding Program.
Below is a breakdown of the programs/services that are eligible to be counted within each of the seven (7) ongoing major programs.
Band Management
- AFA Block/Core Funding – IGS
- Indian Government Support - Tribal Council (only where this Block contains Band Employee Benefits)
- Band Employee Benefits
- Pension Plan Administration Costs and Employer Contributions to Non-Statutory Benefits
- CPP/QPP and Private Pension Plans - Employer Contributions by First Nations
- CPP/QPP and Private Pension Plans - Employer Contributions by Tribal Councils
Capital and Housing
- AFA Block/Core Funding - Water & Sewer Infrastructure facilities
- Water & Sewer – Capital
- AFA Block/Core Funding - Education Infrastructure facilities
- Education – Capital
- AFA Block/Core Funding – Housing
- Housing
- Off-Reserve Housing
- Support
- On-Reserve O&M Housing Support
- Inspections
- Housing Councils
- Training
- Advisory Services
- Management Support
- Technical Assistance
- Planning
- Housing Policy Implementation
- Administration – Housing
- Lot Servicing – Housing
- Community-Based On-Reserve Housing Programs
- Housing Funds (Capital and O&M) for Multi-Year Housing Plans
- Social Assistance/Shelter Allowance Payments for Community-Wide Shelter Charges
- Housing Service Delivery
- Service Delivery
- AFA Block/Core Funding - Other Infrastructure facilities
- Other – Capital
- Community Capital Facilities Service Delivery
- Community Capital Facilities
Community Infrastructure
- AFA Block/Core Funding - Water & Sewer Infrastructure facilities
- Water & Sewer - Facilities O&M
- Operation and Maintenance of Water and Wastewater Infrastructure
- Wastewater Systems
- Water Systems
- Training - Water/Wastewater
- Administration - Water and Wastewater
- AFA Block/Core Funding - Education Infrastructure facilities
- Education - Facilities O&M
- Operation and Maintenance of Education Assets and Facilities
- Schools - O&M
- Teacherages/Residences/Group Homes - O&M
- Fuel for Assets and Diesel Generation Sites
- Administration - Education Facilities
- AFA Block/Core Funding - Other Infrastructure facilities
- Other - Facilities O&M
- Operation and Maintenance of Infrastructure Assets and Facilities
- Fire Protection
- Roads and Bridges
- Electrical Systems
- Municipal Services
- Community Buildings
- Special Services
- Other Protection
- Training - Fire Protection
- Maintenance Management
- Asset Condition Reporting System (ACRS)
- Training Facility Management (Sask. only)
- Fuel for Assets and Diesel Generation Sites
- Solid Waste
- Incremental Fuel Relief
- Flood and Erosion Control
- Connectivity
- Administration - Other Infrastructure
- Technical Services
- Administrative Costs
Economic Development
- AFA Block/Core Funding - LED Services
- LEDSP - Economic Development – Allocations
- Lands and Economic Development Services – CED
- LEDSP - Economic Development – Allocations
Education
- AFA Block/Core Funding for Elementary/Secondary
- Elementary/Secondary
- Elementary/Secondary Instructional Services - Band Operated Schools
- Instructional Services Formula
- Administration - Instruc. Serv.
- Enhanced Teachers' Salaries
- Low Cost Special Education
- Band Operated School – Evaluation
- Second Level Education Services - Band Operated
- Elementary/Secondary Instructional Services - Provincial Schools
- Tuition Agreements
- Ancillary Support
- Private Schools
- Low Cost Special Education
- Elementary/Secondary/Student Support Services
- Student Accommodation Services - Federal Schools
- Student Transportation Services - Federal Schools
- Financial Assistance Allowances (All school types)
- Guidance and Counselling
- Advice and Assistance, Provincial Schools
- Comprehensive Education Support Service - Federal Schools
- Student Accommodation Services - Band Operated
- Student Accommodation Services – Provincial
- Student Transportation Services - Band Operated
- Student Transportation Services – Provincial
- Comprehensive Education Support Services - Band Operated
- Comprehensive Education Support Services – Provincial
- Student Accommodation Services - Private Schools
- Student Transportation Services - Private Schools
- Comprehensive Education Support Services - Private Schools
- AFA Block/Core Funding for Post-Secondary
- Post-Secondary Education
- Post-Secondary Education
- Post-Secondary Student Support Program
- University and College Entrance Program
- Administration Post-Secondary (Vote 10 only)
Lands, Registration and Membership
- AFA Block/Core Funding - Registration and Membership
- Core Funding Registration and Membership
- Registration and Membership
- Registry Events
- Indian Registry Administrators
- AFA Block/Core Funding - LED Services
- LEDSP - Land management – Allocations
- First Nations Land Management Initiative (FNLMI)
- FNLM - Operational Funding
Social Development
- AFA Block/Core Funding for Income Assistance
- Income Assistance
- Income Assistance - Basic Needs
- Basic Needs
- Child Out of Parental Home Allowance
- Social Assistance for Employment and Training
- Ontario Works - Employment Support – Existing
- Income Assistance - Special Needs
- Special Needs
- Income Assistance - Service Delivery
- Service Delivery
- AFA Block/Core Funding for Assisted Living
- Assisted Living - Block Funding
- Assisted Living
- In - Home Care
- Foster Care
- Service Delivery
- Child and Family Services
- Maintenance – Institutions
- Maintenance - Foster Homes
- Maintenance - Group Homes
- Operations
- Development
- Maintenance - Kinship Care
- Prevention/Least Disruptive Measures
- Family Violence
- Emergency Shelters Operations
Appendix C – Guidelines on Eligible Activities and Expenditures
This appendix provides direction to tribal councils and to regional offices with eligibility of the activities and expenditures identified in tribal council work plans and reports. Only activities and expenditures undertaken, or to be undertaken, with Tribal Council Funding will be assessed using this document. Activities described in a tribal council's Work Plan or Report that are not related to Tribal Council Funding expenditures are provided by the tribal council for the information of its membership, and should not be assessed by the Department using these criteria.
The lists in this document are not meant to be the full and final lists. It is likely that tribal councils will propose and report on activities and expenditures not directly addressed here. As these cases arrive, regions will seek guidance from HQ, Sector Operations Branch, and the outcomes will be used to update this evergreen document.
For Core Administrative Costs and Delivery of Funded Services, these lists are guidance for working with tribal councils. Ultimately, a tribal council only needs to provide the Department with a $ value in its work plan, but can be made aware that this document will be used to assess its reporting and audited financial statements.
The Work Plan and Report require details to be provided on each activity under Capacity Development of Member First Nations, and each activity needs to be reviewed to ensure eligibility.
Core Administrative Costs
| Can Include | Cannot include |
|---|---|
|
|
Delivery of Funded Services
| Can Include | Cannot include |
|---|---|
|
|
Capacity Development of Member First Nations
| Can Include | Cannot include |
|---|---|
|
|
Appendix D – Definitions
For the purpose of the Policy and Guidelines, the following definitions apply:
Band Council
Refers to the council of a band as defined in the Indian Act.
Block Contribution
Refers to an option for providing transfer payments to Aboriginal recipients where the recipient has met certain assessment criteria and where a number of transfer payment programs that require a five or more year relationship with the recipient to achieve objectives can be funded under a single multi-year funding agreement. See Transfer Payments to Aboriginal Recipients (Appendix K).
Board of Directors
Refers to the group of representatives that governs, oversees and takes part in the decision making and ongoing review of the tribal council's delivery of programs/services. Generally, tribal councils have representatives from each member First Nation. In some situations, tribal councils have an elected governance structure. Regardless, endorsements must come from the tribal council's board of directors.
Capacity Development of Member First Nations
Refers to developing capacity in areas related to the Department's mandate by using the Tribal Council Funding Program to fund activities for the purpose of transferring knowledge and/or expertise, to assist member First Nations in developing, strengthening and maintaining their capabilities to set and achieve their own development objectives and progress over time.
Department
Refers to Indigenous and Northern Affairs Canada.
Inactive Member First Nation
Refers to a member First Nation that is inactive in terms of its affiliation with its tribal council when it is not meeting one or more of its Roles and Responsibilities, and/or has expressed the intention to no longer be affiliated with its tribal council but has not provided an official notification by means of a Band Council Resolution to both its tribal council and to the Department.
Indian Government Support System
Refers to the authoritative source for Tribal Council Funding Program data.
Major Program
Consists of a program/service funded by the Department, which is delivered by a tribal council on an ongoing basis, and is defined in the Chart of Accounts and by the Treasury Board Secretariat as a departmental Program Activity. The following are the major programs:
- Education
- Social Development
- Community Infrastructure
- Lands, Registration and Membership
- Capital and Housing
- Economic Development
- Band Management
Member First Nation
Refers to a First Nation that is a member of a tribal council and continues to be an active member of the tribal council.
A member First Nation can be an Indian Act Band or a Self-Governing First Nation. For Tribal Council Funding Program purposes, on an exceptional basis, the Department can consider an Indian Act Band as more than one member First Nation.
On-Reserve Population
Refers to both First Nation members living on-reserve as well as First Nation members living on Crown Land, as per the Indian Registry System, for Tribal Council Funding Program purposes.
Political Advocacy
Refers to participating in activities such as lobbying, petitioning, rallying, etc., which are intended to influence the political decision making process of another government or governments. For further clarity, "political advocacy" does not refer to the representation by tribal councils and their employees in administrative decision-making processes.
Program/Service Delivery
Refers to the administration of a departmental program/service for which a tribal council can be funded. Tribal councils deliver programs/services as endorsed by their member First Nations. Tribal Council Funding can be used to support the core administrative costs required to support the delivery of programs/services; however, activities and related expenditures funded by another program area cannot be included.
Tier
Refers to the three levels of funding of the Tribal Council Funding Program Formula.
Tribal Council
Consists of a grouping of First Nations with common interests who have voluntarily joined together to provide programs/services to member First Nations.