Engagement on an action plan to achieve the objectives of the United Nations Declaration on the Rights of Indigenous Peoples

Purpose

On December 3, 2020, the Minister of Justice and Attorney General of Canada introduced Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act (the Act). On June 21, 2021, Bill-C15 received Royal Assent and became law. This legislation affirms the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) as a universal international human rights instrument with application in Canadian law. Ultimately, the Declaration confirms that the collective rights of Indigenous peoples are human rights and the Act provides a framework for the Government of Canada’s implementation of the Declaration.

The Act requires the Government to work in consultation and cooperation with Indigenous peoples to take necessary measures to ensure federal laws are consistent with the Declaration, and to develop an action plan to achieve its objectives. Collaborating with First Nations, Inuit and Métis on an action plan is an opportunity to put in place concrete measures to address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination.

As part of this collaborative work, $23.6 million is available to support participation of Indigenous partners in the engagement process, including Indigenous-led consultations with their citizens and members to develop a shared vision for the action plan.

These guidelines provide direction for how to apply for and access the available funding. These guidelines are consistent with the terms and conditions of the Contributions for the Purpose of Consultation and Policy Development and the Federal Interlocutor’s Contribution Program.

The objective of this funding program is to support consultation and engagement activities to eligible Indigenous peoples and organizations to develop and communicate their priorities for the development of the action plan related to the implementation of the Act. Consultation and engagement with Indigenous peoples aims to be broad and inclusive, and would include: consultation with First Nations, Inuit and Métis rights holders, including modern treaty signatories, self-governing nations and historic treaty partners, as well as with national and regional Indigenous representative organizations. In line with the Act and the Declaration itself, it would also include engagement with Indigenous women, youth, Elders, persons with disabilities, 2SLGBTQQIA+ persons, as well as urban and other Indigenous organizations and groups.

Project criteria

Funding levels will be determined based on the proposals submitted. Every effort will be made to ensure funding is provided at an equitable level, amongst groups and organizations, and in a manner that supports regional and distinctions-based diversity.

Proposals will be assessed based on reach, membership, method of engagement (i.e. virtual or in-person) and tools required. Multi-year proposals will be considered (for fiscal years 2021/22 and 2022/23). Maximum amounts of funding available will also be driven by the availability of funds.

As articulated in the Act, the timeline to develop an action plan is exactly 2 years from when the Act came into force: by June 2023. Proposals should take into consideration this timeframe within their proposal and workplan in order to ensure they identify how they will be capturing key elements and areas of focus to be highlighted and included in the action plan.

Eligibility

The engagement process will be broad, inclusive and distinctions-based.

Eligible applicants include First Nations, Inuit and Métis rights holders, including modern treaty signatories, self-governing nations and historic treaty partners, as well as national and regional Indigenous representative organizations. Indigenous women’s, youth, Elders’, persons with disabilities’, 2SLGBTQQIA+ persons’ as well as urban and other Indigenous groups and organizations are also included.

Eligible activities and expenditures

Eligible activities include all activities related to the engagement and capacity related to the identification of measures that will advance the implementation of the Declaration in Canada including, but not limited to:

Research and advisory services
Professional Fees (such as but not limited to: research, legal research/advice)
Convening tables and meetings for engagement
Logistical fees for in person and/or online meetings
Travel costs
Honoria
Hospitality

Proposal review criteria

The engagement and other activities outlined in the proposals should contribute to the identification of measures that will advance the implementation of the Declaration in Canada.

Proposals should be centered on activities that would engage citizens and/or members in forums or dialogues that would contribute to the clear identification of:

Measures to ensure the consistency of federal laws with the Declaration (Section 5)
Elements for possible inclusion in annual reports to Parliament on progress (Section 7)
Items for possible inclusion in an action plan, as outlined in Section 6 of the Act (prepare and implement an action plan to achieve the objectives of the Declaration)
Pursuant to Section 6 of the Act, the action plan must include, but is not limited to:
- Measures to addressing injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination again Indigenous peoples and Indigenous elders, youth, children, women, men, persons with disabilities and gender-diverse persons and two-spirit persons
- Measures to promote mutual respect and understanding as well as good relations, including through human rights education
- Measures related to monitoring, oversight, recourse or remedy or other accountability measures with respect to the implementation of the Declaration
- Measures related to monitoring the implementation of the plan and reviewing and amending the plan
The Declaration covers a broad range of collective and individual rights that constitute the minimum standards to protect the rights of Indigenous peoples and to contribute to their survival, dignity and well-being, including rights related to:
Self-determination and self-government
Equality and non-discrimination
Culture and language
Identity
Religion and spirituality
Lands, territories and resources
Environment
Indigenous institutions and legal systems
Health and wellness
Education
Community
The following should also be demonstrated:
- That the proposal can be completed in the allotted time frame (March 2023) with interim deliverables as agreed to within the funding agreement
- That the proposal falls under eligible expenditures (as indicated above)

Application process

General considerations for proposal submission

Funding is available for fiscal years 2021-22 and 2022-23 and will be allocated to applicants or their designated or mandated organizations based on submitted work plans and funding availability.

Proposal requirements

All work plans must include, at minimum:

clear outcomes
timelines
scope of proposed activities
budgeted expenditures that link to the planned activities

Given the limited availability of engagement funding, applicants are encouraged to collaborate on the development of the joint work plans to maximize economy of scale to the extent possible.

Funding

Transfer payments will be made using fixed contribution or flexible contribution depending on the eligibility of the recipient.

The funding approach used to transfer funds to a recipient will be identified in the recipient's signed funding agreement.

The specific program directions for the management of transfer payments complement the directions provided in the recipient's signed funding agreement and are to be read in conjunction with the funding agreement.

Unexpended funding

Applicants may retain unexpended funding from a fiscal year to expend in the one (1) year period immediately following the fiscal year for which it was provided (activities completed no later than March 31, 2023), on the eligible activities outlined in their jointly approved work plan. A revised work plan will be required for how the unexpended funds will be used.

Reporting requirements

Funding applicants must:

Expend funding in accordance with the provisions of their funding agreement and the program delivery requirements outlined in this document
Ensure that the necessary management controls are in place to manage funding and monitor activities.

The recipient will be responsible for completing an interim activity report, a final expenditure report, and an audited financial statement by July 31 of the following fiscal year in which the funding was granted.

The report must:

Include information on what was achieved under each activity that the recipient received funding for, whether the activity is ongoing or completed
Provide any outcome or summary report of findings that include feedback from participants on the objectives (bulleted above) that will contribute to the action plan development that has been created as a result of the work

The reporting requirements (program and financial reports) are listed in the recipient's funding agreement and details on these requirements are available in the Reporting Guide.

Contact information

For further program information, please contact: Declaration@justice.gc.ca

Mailing address

UN Declaration Act Implementation Secretariat
Department of Justice Canada
275 Sparks Street
Ottawa, Ontario
Canada K1A 0H8

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