Terms and Conditions: Grants
The following terms and conditions apply to financial grants made under the Department of Justice’s (the “Department”) Aboriginal Justice Strategy (“AJS”) Fund, which will subsequently be referred to as the “Fund”. These terms and conditions are draft in accordance with Treasury Board’s Policy on Transfer Payments dated October 2008.
1. Authority
The Department of Justice Act provides the Minister the legislative authority to manage programs relevant to the administration of justice. The Cabinet Committee for Social Affairs approved the Aboriginal Justice Strategy in November 2006. The Program continues to be earmarked in the Department’s reference level.
2. Description of the AJS
2.1 Objectives of the Aboriginal Justice Strategy (AJS)
The AJS enables Aboriginal communities to have increased involvement in the local administration of justice and, as such, provides timely and effective alternatives to mainstream justice processes in appropriate circumstances. AJS programs are also aimed at reducing the rates of victimization, crime and incarceration among Aboriginal people in communities operating AJS programs, and helping the mainstream justice system become more responsive and sensitive to the needs and culture of Aboriginal communities. All requests for funding/financial assistance must be consistent with the overall objectives of the AJS.
The overall objectives of the Strategy are:
to contribute to a decrease in the rate of victimization, crime and incarceration among Aboriginal people in communities operating AJS programs;
to assist Aboriginal people to assume greater responsibility for the administration of justice in their communities;
to provide better and more timely information about community justice programs funded by the AJS; and
to reflect and include Aboriginal values within the justice system.
2.2 Objectives of the Capacity-Building Fund:
The Capacity Building Fund is designed to support capacity-building efforts in Aboriginal 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 are:
to support the training and/or developmental needs of Aboriginal 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 AJS 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 Aboriginal communities.
Grants made under the Capacity Building Fund will be used to support low-risk, discrete time-limited projects that are to be conducted by a recipient with a proven track record. Recipients will be asked to outline their funding history with the Department as part of the process used to determine the recipient’s eligibility for funding under the grant portion of the Capacity Building Fund.
2.3 Alignment with Departmental and Government Objectives
The AJS is clearly aligned with federal roles and responsibilities as the policy mandate and responsibilities of the Minister of Justice include Aboriginal justice, while the day-to-day administration of justice is the responsibility of the provinces and territories. The AJS is delivered in a manner consistent with this constitutional division of powers, as this federally-coordinated program supports the establishment and delivery of Aboriginal community justice programming.
The objectives of the AJS are consistent with the priorities of the Department and align with the Department’s strategic outcome to “create a fair, relevant and accessible justice system that reflects Canadian values”.
2.4 Expected Results, Performance Measures and Indicators for Monitoring and Reporting
The expected results of the AJS are to continue providing access to community-based justice programs for Aboriginal people. Performance indicators include the number of AJS community-based justice programs.
The effectiveness of the AJS will be monitored on an ongoing basis. A formal evaluation will also be carried out.
3. Eligibility Criteria
3.1 Eligible Recipients
Any of the following may be eligible for grant funding under the Capacity-Building Fund:
First Nations, bands, Tribal Councils, local, regional and national Aboriginal organizations;
regional/municipal governments including their agencies and institutions;
non-profit community organizations, societies, and associations which have voluntarily associated themselves for a non-profit purpose;
provincial and territorial governments; and,
individuals.
3.2. Eligible Initiatives or Activities
The Capacity-Building Fund is designed to support capacity-building efforts in Aboriginal communities, particularly as they relate to building increased knowledge and skills for the establishment and management of community-based justice programs.
Initiatives or activities that are eligible for grant funding under the Capacity-Building Fund include those that:
support the training and/or developmental needs of Aboriginal communities that currently do not have AJS community-based justice programs;
supplement the on-going training needs of AJS community-based justice programs;
improve reporting and/or support the development of data collection systems in communities that have AJS programs;
support the development of new Aboriginal community-based justice programs, paying particular attention to current geographic/regional imbalance in programming;
support one-time or annual events and initiatives (as opposed to on-going projects) that build bridges, trust and partnerships with the justice system and Aboriginal 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.
Expenditures that are eligible for grant funding under the Capacity-Building Fund include:
fees and disbursements;
salaries and Employee Benefit Plans;
honoraria;
liability insurance;
fees for professional services;
rent, utilities, maintenance of offices and other buildings, and taxes;
office equipment and minor capital acquisitions net of disposal (Less than $5,000 per acquisition);
insurance on buildings, equipment and materials and fidelity bonds;
supplies and materials, shipping charges, stationery, postage, printing, licenses and other fees;
culturally relevant expenditures, including, but not limited to, gifts, community feasts, and ceremonial meals;
travel and living expenses related to AJS projects;
training;
computer services, library expenses, research costs and collection and analysis of statistics;
advertising the availability of AJS project services;
continuing legal education, training and professional development for staff; and,
administration costs (should be limited to no more than 20% of the total value of the funding agreement).
The following expenditures are ineligible:
costs or debts incurred prior to the effective date of the agreement, unless agreed to by the parties;
capital costs such as buildings, land and vehicles; and,
most other major capital costs that are more than $5,000 per acquisition.
4. Funding Applications and Assessment Criteria
4.1 Where appropriate, applications for funding should include:
name, address, telephone, facsimile number and e-mail address of the applicant's authorized representative(s), and legal status;
background history of the applicant including its mandate and a description of the programs and services it provides;
indication of any previous financial support received from the Department including the amount, the purpose of the funded activity/initiative and the results achieved;
demonstrated links to the objectives of the AJS;
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;
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;
any disclosure of the involvement of prospective recipients who are subject to the Values and Ethics Code for the Public Service, the Conflict of Interest Code for Members of the House of Commons andthe Parliament of Canada Act.
how the project/program will acknowledge the contribution of the Department; and,
any additional material deemed relevant, as requested by the Department.
4.2 Criteria Used to Assess Funding Applications
In reviewing and recommending applications for grant funding under the Capacity-Building Fund, the Department will take into consideration the following factors, where appropriate:
The Canadian Charter of Rights and Freedoms and criminal law will apply.
The applicant has demonstrated that the goals, objectives and anticipated results outlined in their application can be met;
The applicant has demonstrated that their application links to the objectives of the AJS; and the specific objectives of the component from which it is requesting funding.
The costs of the application reflect the specific circumstances of the community, including remoteness, available infrastructure, etc.;
The applicant has demonstrated how their project/program links to other programs and services in the community;
The project/programs is distinctive from on-going implementation of a governance agreement; and,
The applicant has provided all additional material deemed relevant and requested by the Department.
5. Funding Formula
Grant funding will be determined based on estimated expenditures submitted by the recipient and the availability of funds. The Department will evaluate if proposed costs are reasonable. The amount recommended will be determined based on an assessment of: recipient need, reasonableness of costs and capacity to achieve results.
6. Total Canadian Government Funding and Stacking Limits
When reviewing proposals, Departmental officials will ensure that grants 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 total Canadian government funding 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.
The federal government may cover up to 100% of the eligible expenditures for the Capacity-Building Fund.
7. Maximum Amount Payable
Grants under the Capacity-Building Fund shall not exceed $20,000 per year, per project.
A recipient may receive funding for more than one grant under the Capacity-Building Fund and more than one financial agreement under either component of the AJS, as long as the funding is provided for different initiatives or activities and there is no duplication of expenditures associated with the project already covered through another federally-funded program or initiative. Total grant and contribution funding to any one eligible recipient shall not exceed $2,500,000 per year.
8. Basis of Payment
Where appropriate, payments to grant recipients will be made in instalments, in accordance with the Treasury Board Policy on Transfer Payments (October 1, 2008).
9. Repayment
In the event that a recipient receives more funding than anticipated from other sources, it may be necessary for the Department to adjust its level of assistance. 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.
10. Monitoring and Reporting Mechanisms
Recipients may be required to submit confirmation that project activities have been completed. Grant results may be used to support the AJS’ performance management strategy and departmental reporting.
11. Official Languages
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.
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