Terms and Conditions: Indigenous Justice Program – Contributions

The following terms and conditions apply to financial contributions made under the Department of Justice’s (“the Department”) Indigenous Justice Program (“IJP”), which will subsequently be referred to as the “Program”. These terms and conditions are drafted in accordance with Treasury Board’s Policy on Transfer Payments dated October 2008.

1. Program and Legislative Authority

  • The Department of Justice Act (R.S.C., 1985) confers federal powers to the Minister of Justice, related to the superintendence of all matters connected with the administration of justice in Canada, not within the jurisdiction of the governments of the provinces and to the administration of public affairs to ensure that it is in accordance with law. The Minister has the legislative authority to manage funds relevant to the administration of justice.
  • In accordance with the Treasury Board’s Policy on Transfer Payments, in March 2012, the Minister of the Department of Justice Canada approved the continuation of the terms and conditions for the Indigenous Justice Program.

2. Description, Purpose and Objectives of the Indigenous Justice Program (IJP)

2.1. Description and Purpose

Generations of colonization and its detrimental effects have led to the disproportionate incarceration and victimization of Indigenous people in Canada. Redress calls for the increased use of Indigenous justice, based on Indigenous laws and healing practices. The Government of Canada has committed to a renewed, nation-to-nation relationship with Indigenous people, based on recognition of rights, respect, cooperation, and partnership. The Indigenous Justice Program aims to advance this by supporting Indigenous community-based justice programs that offer alternatives to mainstream justice processes.

The overall objectives of the Strategy are:

  • to assist Indigenous people in assuming greater responsibility for the administration of justice in their communities;
  • to reflect and include Indigenous values within the justice system.
  • to contribute to a decrease in the rate of victimization, crime and incarceration among Indigenous people in communities with community-based justice programs funded by the IJP.

2.2. Objectives of the Funding Components

Community-Based Justice Fund

The Community-Based Justice Fund provides support to community-based justice programs, which are cost-shared with provincial and territorial governments. The objectives of the Community-Based Justice Fund component are:

  • to allow Indigenous people the opportunity to assume greater responsibility for the administration of justice in their communities;
  • to help reduce the rates of crime and incarceration among Indigenous people in communities with cost-shared programs; and,
  • to foster improved responsiveness, fairness, inclusiveness, and effectiveness of the justice system with respect to justice and its administration so as to meet the needs and aspirations of Indigenous people in the areas of appropriate models for:
    1. diversion;
    2. development of pre-sentencing options;
    3. sentencing alternatives (circles);
    4. use of Justices of the Peace;
    5. family and civil mediation; and,
    6. additional community justice services such as victims support or offender-reintegration services which support the overall goals of the IJP or, where affiliated with a successful program under any of the above.

Capacity- Building Fund

The Capacity-Building Fund is designed to support capacity-building efforts in Indigenous communities, particularly as they relate to building increased knowledge and skills for the establishment and management of community-based justice programs. The objectives of the Capacity-Building Fund Component are:

  • to support the training and/or developmental needs of Indigenous communities that currently do not have community-based justice programs;
  • to supplement the on-going training needs of current community-based justice programs where the cost-shared budget does not adequately meet these needs, including supporting evaluation activities, data collection, sharing of best practices and useful models;
  • to support activities targeted at improved community reporting in IJP communities and the development of data management systems;
  • to support the development of new justice programs, paying particular attention to:
    • the current geographic/regional imbalance in programming;
    • the commitment to develop new programs in the under-represented program models, such as dispute resolution for civil and family/child welfare; and,
  • to support one-time or annual events and initiatives (as opposed to on-going projects and programs) that build bridges, trust and partnerships between the mainstream justice system and Indigenous communities.

2.3 Alignment with Departmental and Government Objectives

The IJP is in line with the Department of Justice’s strategic outcome to provide a fair, relevant and accessible Canadian justice system. As the Government of Canada’s only community-led Indigenous justice program, the IJP will be instrumental in supporting the Minister in addressing the gaps in services and increasing use of restorative justice processes. The IJP aligns with the Government of Canada’s priority to “work co-operatively to implement recommendations of the Truth and Reconciliation Commission of Canada”.

The federal government holds the policy mandate for Indigenous justice, while the administration of justice largely is the responsibility of the provinces and territories. The IJP is delivered in a manner consistent with this constitutional division of powers, as this federally-led program funds the establishment and delivery of community-based justice programs in the area of Indigenous justice.

2.4 Expected Results, Performance Measures and Indicators for Monitoring and Reporting

The effectiveness of the IJP will be monitored on an ongoing basis, in cooperation with the provinces and territories. The program will continue to be evaluated on a five-year cycle.

IJP’s short-term expected results are to provide support to Indigenous community-based justice programs that offer alternatives to the mainstream justice processes and narrow the gaps in services to Indigenous people. The performance indicators that would support these expected results are:

Performance Indicators (Outcomes) Performance Measures
Stabilization of existing community-based justice programs and implementation of new community-based justice programs
  • Number of signed contribution agreements.
  • Number of community-based justice programs.
  • Number of clients (offenders, victims, family, community members, etc.) accessing community-based justice programs.
  • Percentage of individuals (referred to the IJP) who have completed the program.
  • Number of communities served by community-based justice programs.
Increased community capacity to establish and manage community-based justice programs
  • Number of capacity-building projects.
  • Number of communities that have access to capacity-building projects.

3. Eligibility Criteria

3.1 Eligible Recipients

Community-Based Justice Fund

Any of the following may be eligible for contribution funding under the Community-Based Justice Fund:

  1. Inuit, Métis, First Nations, bands, Tribal Councils, local, regional and national Indigenous organizations;
  2. regional/municipal governments including their agencies and institutions;
  3. non-profit community organizations, societies, and associations which have voluntarily associated themselves for a non-profit purpose; and,
  4. provincial and territorial governments (in the case of flow-through agreements).

Capacity-Building Fund

Any of the following may be eligible for contribution funding under the Capacity-Building Fund:

  1. Inuit, Métis, First Nations, bands, Tribal Councils, local, regional and national Indigenous organizations;
  2. regional/municipal governments including their agencies and institutions;
  3. non-profit community organizations, societies, and associations which have voluntarily associated themselves for a non-profit purpose;
  4. provincial and territorial governments;
  5. individuals; and,
  6. for-profit corporations, as long as these corporations will not make a profit on the work performed.

3.2 Eligible Initiatives or Activities

Community-Based Justice Fund

Initiatives or activities that support the Community-Based Justice Fund can fall at any point along the justice continuum, including but not limited to, prevention, pre-charge, post-charge and reintegration. To be eligible for funding, all initiatives or activities must have a clear link to the objectives of the IJP.

Initiatives or activities that are eligible for funding under the Community-Based Justice Fund include, but are not limited to:

  • Public awareness and prevention;
  • Diversion;
  • Dispute resolution or mediation;
  • Sentencing options;
  • Support to victims; and,
  • Offender reintegration.

Capacity-Building Fund

Initiatives or activities that are eligible for funding under the Capacity-Building Fund include those that:

  • support the training and/or developmental needs of Indigenous communities that currently do not have IJP community-based justice programs;
  • supplement the on-going training needs of IJP community-based justice programs;
  • support activities that improve reporting and/or the development of data collection systems in communities that have community-based justice programs;
  • support the development of new Indigenous community-based justice programs, paying particular attention to current geographic/regional imbalance in programming; and,
  • support one-time or annual events and initiatives (as opposed to on-going projects and programs) that build bridges, trust and partnerships with the justice system and Indigenous communities.

Based on Departmental priorities and resources, emphasis may be placed on certain eligible initiatives or activities over others.

3.3 Eligible Expenditures

Funds may be used only for expenditures directly related to the activities of the project/program identified in either the original budgetary submission or a subsequent budget approved by the Department. When required, the recipient must budget for audits of financial statements.

Eligible expenditures include:

  1. fees and disbursements;
  2. salaries and Employee Benefit Plans;
  3. honoraria;
  4. liability insurance;
  5. fees for professional services;
  6. rent, utilities, maintenance of offices and other buildings, and taxes;
  7. office equipment and minor capital acquisitions net of disposal (Less than $5,000 per acquisition);
  8. insurance on buildings, equipment and materials and fidelity bonds;
  9. supplies and materials, shipping charges, stationery, postage, printing, licenses and other fees;
  10. culturally relevant expenditures, including, but not limited to, gifts, community feasts, and ceremonial meals;
  11. travel and living expenses related to IJP projects;
  12. training;
  13. computer services, library expenses, research costs and collection and analysis of statistics;
  14. advertising the availability of IJP project services;
  15. continuing legal education, training and professional development for staff; and,
  16. administration costs (limited to no more than 20% of the total value of the funding agreement).

The following expenditures are ineligible:

  1. costs or debts incurred prior to the effective date of the agreement, unless agreed to by the parties;
  2. capital costs such as buildings, land and vehicles; and,
  3. most other major capital costs that are more than $5,000 per acquisition.

4. Contracting Procedures

Unless otherwise authorized in writing by the Department, the recipient shall use a competitive process when procuring goods and services in relation to the administration of the initiatives or activities in the funding agreement when the value (including GST/HST) of the goods or services is $25,000 or more.

5. Funding Applications and Assessment Criteria

5.1 Where appropriate, applications for funding should include:

  1. name, address, telephone, facsimile number and e-mail address of the applicant's authorized representative(s), and legal status;
  2. background history of the applicant including its mandate and a description of the programs and services it provides;
  3. indication of any previous financial support received from the Department including the amount, the purpose of the funded activity/initiative and the results achieved;
  4. demonstrated links to the objectives of the IJP;
  5. detailed project/program description including title, identified need, goals and objectives, identification of the target groups (beneficiaries), anticipated impacts, results (service or product) and deliverables, and demonstrated community support;
  6. detailed project/program budget including: amount requested from the Department, other proposed sources of revenue including in-kind support (if applicable) and a detailed list of proposed expenditures;
  7. plan for evaluating the project/program at the community level, including performance indicators;
  8. any disclosure of the involvement of prospective recipients who are subject to the Post-employment Measures of the Values and Ethics Code for the Public Service, the Conflict of Interest Code for Members of the House of Commons, and the Parliament of Canada Act.
  9. how the project/program will acknowledge the contribution of the Department; and,
  10. any additional material deemed relevant, as requested by the Department.

5.2. Criteria Used to Assess Funding Applications

In reviewing and recommending applications under the Community-Based Justice Fund and the Capacity-Building Fund, the Department will take into consideration the following factors, where appropriate:

  1. The Canadian Charter of Rights and Freedoms and criminal law will apply;
  2. The applicant has demonstrated that the goals, objectives and anticipated results outlined in their application can be met;
  3. The applicant has demonstrated that their application links to the objectives of the IJP; and the specific objectives of the component from which it is requesting funding;
  4. The costs of the application reflect the specific circumstances of the community, including remoteness, available infrastructure, etc.;
  5. The applicant has demonstrated how their project/program links to other programs and services in the community;
  6. The project/program is distinctive from on-going implementation of a governance agreement; and,
  7. The applicant has provided all additional material deemed relevant and requested by the Department.

6. Total Canadian Government Funding and Stacking Limits

When reviewing proposals, Departmental officials will ensure that contributions made under the Fund will not cover expenses already covered through another federal funding program or strategy. When applying for funding, applicants will be required to indicate what, if any, other funds a project is expected to receive.

Total government assistance (TGA) (federal, provincial and municipal assistance for the same eligible expenditures) will not exceed 100% of eligible expenditures. This stacking limit must be respected when funding is provided. In the event that the actual TGA to a recipient exceeds the stacking limit, it will be necessary for the Department to adjust its level of funding (and seek reimbursement, if necessary) so that the stacking limit is not exceeded. The Department will require all potential recipients to disclose all sources of funding.

Community-Based Justice Fund

Total federal IJP funding for the Community-Based Justice Fund will be limited to a maximum of 50% of eligible expenditures for all programs in each province and territory over the mandate of the IJP. Memorandums of Understanding or other such administrative arrangements will be negotiated between the federal and the respective provincial/territorial governments to recognize new and existing provincial/territorial expenditures. In the interim to providing 50% fiscal contribution, existing provincial/territorial expenditures of goods or services or in-kind may be recognized.

Capacity-Building Fund

The federal government may cover up to 100% of the eligible expenditures for the Capacity-Building Fund.

7. Methods to Determine the Amount of a Contribution

For the cost-shared Community-Based Justice Fund, where appropriate, assessments will be conducted in collaboration with the respective provincial or territorial government. Additionally, federal IJP funding has a maximum predetermined level per province and territory.

Capacity-Building funding will be determined based on: an assessment of the proposal, recipient need, previous performance, capacity to achieve results, and previous experience with funding agreement management. Also, in determining the appropriate level of funding to a project, the Department will be guided by the following principles:

  • Fit of project objectives with mandate and policy direction of the Program; and,
  • As the IJP's Capacity-Building Fund is a federally funded initiative, funding may be awarded on the basis of geographic location in order to provide representation across Canada, when feasible and reasonable.

8. Redistribution of Contributions by a Recipient

When contributions are to be further distributed by a territorial government, to one or more persons or entities, the Recipient will have independence in the choice of those persons or entities, with minimal guidance from the Department, and will not be acting as an agent of the government in making distributions.

9. Maximum Amount Payable

Contributions under the Community-Based Justice Fund shall not exceed $700,000 per year, per funding agreement.

Contributions under the Capacity-Building Fund shall not exceed $100,000 per year, per funding agreement.

10. Basis of Payments

Payments will be made to recipients in accordance with the terms and conditions of the IJP and the funding agreement and will be , based on claimed expenditures, or through advance payments based on cash-flow forecast in accordance with the Treasury Board Policy on Transfer Payments (October 1, 2008), and section 6.4 (Cash Management) in the Directive on Transfer Payments

Progress payments will be provided to recipients on the basis of written claims supported by substantiating documentation, as may be required by the Department.

For advance payments, an initial payment will be made to recipients based on cash-flow forecast for a specific period. Where appropriate, subsequent advance payments will be calculated by taking the cash-flow forecast amount for the next period minus any excess amount the recipient has on hand from previous payments.

The Department may withhold a portion of the contribution (based on risk level), not exceeding 20% of the total contribution until after the recipient’s final reports have been received and approved. Final payment will be made following receipt and approval of the final claim and any other required final deliverables.

As the Community-Based Justice Fund is cost-shared with provinces and territories, Canada will pay the Recipient its respective percentage of the approved eligible expenditure up to the maximum amount identified in the agreement.

Any interest earned by a recipient on advance payments paid by Canada shall be accounted for by the recipient. The interest may be retained by the recipient and used by it to defray program funding costs to meet IJP objectives, as outlined in section 2, and as related to Eligible Expenditures, as outlined in section 3.3.

Where appropriate, payments may be based on pre-determined amounts as per Appendix K of the Treasury Board Directive on Transfer Payments.

11. Repayments

A provision for repayment is to be included in the funding agreement covering the contribution, in the event a recipient receives more funding than anticipated from other sources. Where a recipient has failed to provide an accounting or has not used the contribution for authorized purposes, a demand for an accounting or repayment may be issued pursuant to sections 76(1)(b) and (c) respectively of the Financial Administration Act.

The Department will negotiate specific terms of repayment to suit the particular capacities and concerns of recipients within the context of the Treasury Board Policy on Transfer Payments. The Department is accountable for ensuring that reasonable recoveries are made.

12. Reporting

The Departmental Project Risk Assessment Tool for discretionary Grants and Contributions will be used to guide reporting requirements. Recipients of contributions may be required to submit interim financial statements and any other additional supporting documentation required under the funding agreement at such intervals during the course of the agreement as may be agreed upon for review and acceptance by the Department.

The Department will review and assess all reports (financial, activity and statistical) for compliance with the objectives, priorities and terms and conditions of the IJP.

Reports on evaluations, audits and other reviews related to funding agreements may be made available to the public.

12.1. Financial Reporting

Recipients will be required to submit financial statements that include revenues received and expenditures incurred, as well as any other required final reports and/or deliverables. The Department will review the statements and reports to ensure that spending was aligned with the approved budget and expected results have been achieved, prior to the issuance of final payment.

To ensure proper scrutiny of the disbursement of public funds, the Department will conduct site audits (as necessary) in accordance with paragraph 6.5 of the Directive on Transfer Payments. Audits will ensure that recipients have complied with the terms and conditions of the IJP and the funding agreement. As part of the process of selecting recipients for site audits, projects/programs will be reviewed against established Departmental criteria.

12.2. Performance Monitoring and Reporting

The Department will ensure that Recipients clearly indicate whether they are meeting the project/program objectives and obtaining expected outcomes. The Department will monitor to ensure that recipients fulfil all conditions of the funding agreement, which may include on-site visits, as needed, to monitor projects/programs activities and progress.

13. Official Language Minority Communities

All materials and services for applicants and recipients are available in the official language of their choice. The program will ensure that all necessary measures are put in place to support the development of official language minority communities in Canada, as well as to promote the full recognition and use of English and French in Canadian society.

Applicants will be required to provide information on whether the project/activity will lead to services being provided in both official languages and the impact the project/activity may have on official language minority communities. Recipients receiving funding will be required to respect the spirit and intent of Canada’s Official Languages Act when providing services to the public as part of a funding agreement.

14. Intellectual Property

Intellectual property created by a Recipient under a transfer payment normally remains with the Recipient. A standard clause will continue to be included in the contribution agreement, which provides the Minister with a royalty-free, permanent and exclusive license to produce, reproduce or publish, in any way, the original work or an adaptation, in any language, for use within the federal public service and for non-commercial distribution. In the event that shared rights are negotiated with the Recipient, the understanding will be articulated in the transfer payment agreement.

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