Provincial/Territorial Governments Funding Agreement Model 2026-2027

Preamble

WHEREAS the [/:Identify as a "Province" or "Territory"] wishes to provide certain programs and/or services and/or to carry out certain activities;

WHEREAS 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. Duration

1.1 This Agreement will be in effect from [/:AgreementEffectiveDate] (the "effective date") and will expire on [/:AgreementExpirationDate] (the "expiry date"), unless terminated earlier or shortened or extended by amendment.

2. Objective

2.1 The purpose of this Agreement is for Canada to provide the Funding to the [/:Identify as a "Province" or "Territory"] for the delivery of the Activities.

3. Responsibility

3.1 Each party shall carry out its respective rights and obligations in accordance with the terms of this Agreement and applicable laws.

4. Relationship

4.1 Nothing in this Agreement creates or is to be construed as creating a joint venture, partnership, service contract or principal and agent relationship between the parties. The [/:Identify as a "Province" or "Territory"] shall not represent itself to any third party as acting on behalf of Canada, as being a joint-venturer, partner, a service contractor, principal, agent or delegate of Canada.

5. Funding

5.1 Subject to the terms and conditions of this Agreement, Canada shall transfer the Funding to the [/:Identify as a "Province" or "Territory"] in accordance with Schedule 2 up to the amount set out in Schedule 3.

5.2 The parties acknowledge that, if this is a multi-year agreement, not all Funding for the full term of this Agreement may be set out in Schedule 3 at any given time. Funding for subsequent Fiscal Years may be determined or adjusted annually in accordance with the terms of this Agreement. Amendments to Schedule 3 for this purpose will be made by way of a Notice of Budget Adjustment (NOBA) or another amendment process.

6. Funding Subject to Appropriations and Departmental Funding Authorities

6.1 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.

6.2 In the event that any funding authority of 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.

7. Notice of Budget Adjustment (NOBA)

7.1 Canada may, by NOBA, amend Schedule 3 in order to adjust the Funding and/or periodic payments for one or more Fiscal Years.

7.2 A NOBA will be signed by Canada, will set out the details of the Funding changes and will contain an amended Schedule 3 for this Agreement.

7.3 A NOBA may not:

1. reduce overall funding except according to an adjustment factor or formula set out in Schedule;
2. modify the terms and conditions of this Agreement, except as provided for in subsection 7.1

8. Formula-based or Factor-based Funding Adjustments

8.1 Where the amount of any Funding will change in accordance with a predetermined adjustment factor or formula set out in Schedule 4, Canada shall, by NOBA, amend Schedule 3 accordingly.

9. Multiple Departments

9.1 Canada's rights and obligations under this Agreement may be carried out by any Federal Department.

9. Intentionally Omitted

10. Adjustment of Cash Flow

10.1 The [/:Identify as a "Province" or "Territory"] may request adjustment of any periodic payment set out in Schedule 3 for an Activity where it differs from its anticipated expenditures for the corresponding period. In this case, the [/:Identify as a "Province" or "Territory"] shall propose adjustments to that Schedule accordingly. Canada shall notify the [/:Identify as a "Province" or "Territory"] of acceptance or rejection of the proposed adjustments within 30 days of the [/:Identify as a "Province" or "Territory"]'s notification. Where Canada accepts the proposed adjustments, Canada shall issue a notice of acceptance or a NOBA containing the revised Schedule 3.

10.2 The total annual funding amount for an Activity set out in Schedule 3 may not be changed under paragraph 10.1.

11. Eligible Expenses – General

11.1 In addition to the requirements of Schedule 2, the [/:Identify as a "Province" or "Territory"] may only expend the Funding where the expense is: (i) directly related to the carrying out of the [/:Identify as a "Province" or "Territory"]'s responsibilities under this Agreement; and (ii) the [/:Identify as a "Province" or "Territory"] follows generally accepted business practices in negotiating the price and other terms and conditions for the expenditure.

12. Reimbursement of Ineligible Expenditures

12.1 For each Activity identified as Set, Fixed and Flexible in Schedule 3, the [/:Identify as a "Province" or "Territory"] shall repay to Canada any expenditure it makes against annual amounts allocated in that Schedule for that Activity that is not in accordance with the terms and conditions of Schedule 2 or the Delivery Requirements set out in Schedule 4 for that Activity, unless Canada agrees otherwise in writing.

12.2 Subject to subsections 5.3 and 5.4 of Schedule 2, the [/:Identify as a "Province" or "Territory"] shall repay to Canada any expenditure it makes in a Fiscal Year against the total of annual amounts for Activities funded by Block Funding where that expenditure is not in accordance with the Delivery Requirements for at least one of those Activities.

12.3 If Cost-Sharing applies to any Activity according to the Delivery Requirements, the [/:Identify as a "Province" or "Territory"] shall instead repay to Canada an amount, proportional to Canada's funding share, of any expenditure against the annual amounts from all required sources allocated for that Activity that is not in accordance with the terms and conditions of Schedule 2 or the Delivery Requirements.

[COMMENT]If another Federal Department will be the one receiving reports, change ISC to that Department. Also make the same change in subsection 13.7 to align so that the Department receiving reports may deliver a copy to the others.[/COMMENT]

13. Reports and Records

13.1 Each Fiscal Year, the [/:Identify as a "Province" or "Territory"] shall prepare and submit to ISC all reports listed in Schedule 5 for each Fiscal Year in accordance with the requirements for each report set out in the Reporting Guide for that Fiscal Year.

13.2 If this Agreement covers more than one Fiscal Year, Canada may, on or before the start of each Fiscal Year, issue a new Schedule 5 for that Fiscal Year.

13.3 Canada shall publish the Reporting Guide no later than 90 days before the start of each Fiscal Year. Canada may amend the Reporting Guide during a Fiscal Year for the same Fiscal Year only if the amendment arises from a Treasury Board requirement. Canada shall promptly notify the [/:Identify as a "Province" or "Territory"] of any such amendment.

13.4 Canada may, by notice to the [/:Identify as a "Province" or "Territory"], extend the deadline for the receipt of any reports 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. Such a notice may only change the reporting date and no other reporting requirements. This notice will be signed by Canada and will amend this Agreement in accordance with its terms.

13.5 The [/:Identify as a "Province" or "Territory"] shall retain all original financial and non-financial accounts and records, in paper or electronic form, that relate to the Activities and use of Funding under this Agreement, including accounts and records that are required to prepare reports under this Agreement, for a period of 7 years following the end of the last Fiscal Year to which the records relate. Such records, whether kept in paper or electronic form, must be organized, complete, legible and accessible.

13.6 If the [/:Identify as a "Province" or "Territory"] is required to prepare Financial Reports for each Fiscal Year, as set out in Schedule 5, the [/:Identify as a "Province" or "Territory"] shall deliver those Financial Reports to CIRNAC, and to any other Federal Departments that requests them, within one hundred and twenty (120) days of the end of each Fiscal Year.

[COMMENT]If other Federal Departments join the Agreement, and if the recipient agrees that they may receive the reports listed in subsection 13.7, then add those departments to the list of whom ISC may deliver copies after "CIRNAC". If another Department receives funds as indicated above in subsection 13.1, change ISC to that Department to align.[/COMMENT]

13.7 CIRNAC may deliver a copy of the [/:Identify as a "Province" or "Territory"]'s Financial Reports, together with all other reporting required under the Reporting Guide, to [/:OtherDepartment(s) ReceivingReports].[/:PrimaryDepartmentReceivingReports] shall not provide a copy of such reports to any other Federal Department or any third party except where agreed to in writing by the [/:Identify as a "Province" or "Territory"] or where authorized or permitted by law.

14. Where Reporting Requirements Are Not Met

14.1 Without limiting remedies available to Canada under this Agreement, Canada may withhold funds from the [/:Identify as a "Province" or "Territory"] when the [/:Identify as a "Province" or "Territory"] has not submitted, by the due date, any Financial Reports or other report required by this Agreement or by a predecessor funding agreement between the [/:Identify as a "Province" or "Territory"] and a Federal Department.

14.2 Canada shall pay the withheld funds to the [/:Identify as a "Province" or "Territory"] within 45 days of the required reports being submitted by the [/:Identify as a "Province" or "Territory"] and accepted by Canada, subject to subsection 19.3.

15. Delegation of Obligations

[COMMENT]Please choose one of the following 3 options for section 15 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 Reporting Guide. [/COMMENT]

15.1 Delegation

15.1.1 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 section 21 (Audit) or section 22 (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.

15.1.2 Without limiting the generality of paragraph 15.1.1, 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 paragraph 15.1.1;
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.

15.1.3 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 paragraph 15.1.2.

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

15.2.1 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.

15.2.2 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.

15.3 Additional obligations

15.3.1 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 Reporting Guide. [/COMMENT]

15.1 Delegation

15.1.1 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 subparagraph 15.1.1 (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 section 21 (Audit) or section 22 (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.

15.1.2 Without limiting the generality of paragraph 15.1.1, 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 paragraph 15.1.1;
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.

15.1.3 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 paragraph 15.1.2; and
2. a copy of the financial reports provided to the [/:Identify as a "Province" or "Territory"] by the Agency under subparagraph 15.1.1 (c).

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

15.2.1 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.

15.2.2 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.

15.3 Additional obligations

15.3.1 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 subsection may replace subsections 15.1, 15.2 and 15.3 [as well, the definition of an Agency in Definitions should be deleted].[/COMMENT]

15.1 Delegation

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

16. Indemnification

16.1 The [/:Identify as a "Province" or "Territory"] shall indemnify and save harmless the Crown, his Ministers, officers, employees, agents, successors and assigns from and against all claims, liabilities, and demands arising directly or indirectly from any acts or omissions of the [/:Identify as a "Province" or "Territory"] or of any of its employees or agents in respect of, or resulting from: (i) the [/:Identify as a "Province" or "Territory"]'s performance or non-performance of its obligations under this Agreement; or (ii) the [/:Identify as a "Province" or "Territory"] entering into any loan, capital lease or other long-term obligation.

17. Default

17.1 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].

18. Remedies on Default

18.1 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.

18.2 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.

19. Repayment

19.1 The [/:Identify as a "Province" or "Territory"] shall, at such times as this Agreement specifies and otherwise upon written demand, repay to Canada any amount of the Funding which:

1. has not been accounted for by the [/:Identify as a "Province" or "Territory"] in accordance with this Agreement;
2. is spent by the [/:Identify as a "Province" or "Territory"] for purposes other than those authorized under this Agreement; or
3. is an overpayment or any other amount that is repayable by the [/:Identify as a "Province" or "Territory"] under this Agreement.

Such amounts are debts due to the Crown.

19.2 Interest will be charged on any debts in accordance with the Interest and Administrative Charges Regulations and also constitutes a debt due to the Crown.

19.3 Without limiting the scope of set-off or compensation rights available to the Crown at common law, under the Civil Code of Québec, under the Financial Administration Act or otherwise, Canada may set-off or seek compensation against the Funding for:

1. any amount that is a debt due to the Crown pursuant to subsections 19.1 and 19.2; and
2. any amount that the [/:Identify as a "Province" or "Territory"] owes to the Crown under legislation or any other agreement of any kind.

20. Non-Monetary Contributions

20.1 Canada may provide a contribution of goods or services to the [/:Identify as a "Province" or "Territory"] to support the [/:Identify as a "Province" or "Territory"]'s delivery of any Activities.

20.2 With the written consent of the [/:Identify as a "Province" or "Territory"], a non-monetary contribution with a value of up to $5,000 may be made by way of Canada:

1. delivering the goods and/or services to the [/:Identify as a "Province" or "Territory"]; and
2. issuing a notice of non-monetary contribution ("NONMC") to the [/:Identify as a "Province" or "Territory"] for the delivery of the contributed goods or services pursuant to this section.

20.3 A NONMC will be signed by Canada and will:

1. list each of the goods and/or services to be contributed;
2. set out the location where each of the goods and/or services will be delivered and the expected date or time period for such delivery;
3. indicate the value of the non-monetary contribution based on Canada's actual costs for the purchase and delivery of the contributed goods and/or services, or the fair market value of the foregoing (whichever is less); and
4. be issued prior to or upon delivery of the goods and/or services and include conditions for the contribution, including any reporting conditions.

20.4 Any non-monetary contribution with a value in excess of $5,000 may be made by way of Canada and the [/:Identify as a "Province" or "Territory"] entering into a non-monetary contribution agreement.

20.5 Where Canada contributes goods and/or services under this section, the [/:Identify as a "Province" or "Territory"] shall:

1. use the goods or services solely for the purposes of delivering Activities as specified in the NONMC or as otherwise agreed between the parties in writing;
2. comply with the conditions set out in the NONMC; and
3. account for the non-monetary contribution in its Financial Reports as identified in Schedule 5.

21. Audit

21.1 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 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, the [/:Identify as a "Province" or "Territory"] shall cooperate in the conduct of any such audit and provide the auditors 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.

22. Evaluation

22.1 Canada may, at any time during the term of this Agreement or within 7 years of its expiry or termination, carry out one or more evaluations of the effectiveness of this Agreement.

22.2 The [/:Identify as a "Province" or "Territory"] shall cooperate in the conduct of any such evaluation and provide Canada or its representatives such information as they require, including any records that are required to be retained under subsection 13.5.

23. Dispute Resolution

23.1 Canada and the [/:Identify as a "Province" or "Territory"] shall attempt to negotiate a resolution to any disputes arising between them regarding the interpretation of a provision of this Agreement or the obligation of a party under this Agreement in a timely manner.

23.2 Canada and the [/:Identify as a "Province" or "Territory"] may agree to non-binding mediation to resolve any dispute. In such case, each party shall bear its own costs and bear equally the costs of any independent third party appointed to assist the parties to try to resolve the dispute.

24. Termination

24.1 Without limiting section 6 (Funding Subject to Appropriations and Departmental Funding Authorities) or Canada's right to terminate under subsection 18.2, 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 section 23 (Dispute Resolution); and
2. the parties agree on a time frame to terminate the Agreement.

24.2 In the event of the termination of this Agreement:

[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 [CIRNAC] with Financial Reports if they were required in accordance with the Reporting Guide, along all other schedules and reports as required by the Reporting Guide, 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.

25. This Agreement

25.1 This Agreement constitutes the entire agreement between the parties and supersedes all discussions, negotiations and commitments in relation to the subject matter of this Agreement which may have preceded the signing of this Agreement. For greater certainty, this section does not supersede or affect any obligations of the parties in relation to other subject matter, including obligations arising under prior or other funding agreements between the parties.

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

• SCHEDULE 1: Definitions
• SCHEDULE 2: Contribution Funding (Set, Fixed, Flexible, and Block) and Grant Funding
• SCHEDULE 3: Funding and Schedule of Payments
• SCHEDULE 4: Delivery Requirements and Funding Adjustment Factors
• SCHEDULE 5: Reporting Requirements and Due Dates
• SCHEDULE 6: Intentionally Omitted
• [COMMENT]If additional federal departments (after ISC and CIRNAC) are participating include the following bullet[/COMMENT]
• SCHEDULE 6 - Additional Federal Departments Terms and Conditions

25.3 Descriptive headings in this Agreement are inserted solely for convenience of reference, and do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement.

25.4 If the phrase "Intentionally Omitted" appears in this Agreement opposite a section number, it either means that the section, which is normally contained in other template forms of this Agreement, is not applicable to this Agreement or has been omitted by agreement. The enumeration of such a section is left intact in order to avoid re-numbering this Agreement.

25.5 All rights and obligations of the parties which expressly, or by their nature, survive termination or expiry of this Agreement will survive unless and until they are fulfilled, or by their nature expire. Without limiting the generality of the foregoing, the following sections or subsections contain rights and obligations of the parties that may or will remain in effect after the termination or expiry of this Agreement:

1. Main body of this Agreement: 11 (Eligible Expenses - General); 12 (Reimbursement of Ineligible Expenditures); 13 (Reports and Records); 14 (Where Reporting or Disclosure Requirements are not met); 15 (Delegation of Obligations); 16 (Indemnification); 17 (Default); 18 (Remedies on Default); 19 (Repayment); 21 (Audit); 22 (Evaluation); 23 (Dispute Resolution); 24.2 (Termination – consequential terms); and, 31 (Intellectual Property); and
2. Schedule 2 Contribution Funding and Grant Funding: any sections or subsections that concern spending or repayment of any funding that could apply following expiry or termination of this Agreement.

25.6 This Agreement will be interpreted in accordance with the laws of Canada and the applicable laws of the [/:Identify as a "Province" or "Territory"].

25.7 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.

26. Amendments

26.1 All amendments to this Agreement are to be made in writing and signed by both parties, except in the following cases where Canada shall sign the notices alone: (i) a NOBA; (ii) a notice issuing a new Schedule 5 to update reporting requirements for a Fiscal Year under subsection 13.3; (iii) a notice to extend a reporting deadline under subsection 13.4; or (iv) a notice of acceptance for periodic payment changes under subsection 10.1.

27. Waiver

27.1 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 party waiving.

27.2 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.

28. Communications Related to Funding

28.1 Each party reserves the right to communicate to the public about this Agreement and the funded Activities by way of, but not limited to, announcements, interviews, speeches, press releases, publications, signage, websites, advertising and promotional materials. The timing of these communications will be at the discretion of the party giving the communication. However, the party giving the communication will notify the other party in advance of any significant public event or news release in order to provide to the other party an opportunity to participate in a joint announcement or in the development of joint communications materials.

29. Conflict of Interest Regarding Federal Officials

29.1 The [/:Identify as a "Province" or "Territory"] declares and shall ensure that:

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.
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.

30. Public Disclosure

30.1 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; the nature of any programs, services and activities for which Funding is provided; and reports on evaluation, audits and other reviews related to the Agreement.

31. Intellectual Property

31.1 All intellectual property that arises out of or under this Agreement will be owned by the [/:Identify as a "Province" or "Territory"] or a third party as may be set out in an agreement between the [/:Identify as a "Province" or "Territory"] and such third party.

31.2 The [/:Identify as a "Province" or "Territory"] hereby grants to Canada a non-exclusive, royalty-free, fully-paid, perpetual, worldwide, and irrevocable licence to exercise all intellectual property rights for any Crown purpose with respect to all activity reports and records, Financial Reports and records, evaluation reports and records and other records or communications related to the administration of this Agreement that are delivered by the [/:Identify as a "Province" or "Territory"] to Canada under this Agreement.

31.3 The [/:Identify as a "Province" or "Territory"] shall also fulfill any requirements relating to intellectual property set out in the Schedules and shall secure all necessary rights to give effect to the licence granted under this Agreement.

32. Notices

32.1 Notices, requests, reports and documents referred to or required by this Agreement must be in writing and, unless notice to the contrary is given by the receiving party, shall be addressed to the receiving party at the following addresses:

1. Canada at: [Insert Address]
2. The [/:Identify as a "Province" or "Territory"] at: [Insert Address]

32.2 Notices, requests, reports and documents may be sent by any method of delivery or telecommunication and will be deemed to have been received: (i) by registered mail when the postal receipt is acknowledged by the receiving party; (ii) by facsimile or electronic mail when transmitted and receipt is confirmed; (iii) by personal delivery, messenger or courier when delivered.

33. Execution

33.1 This Agreement is signed on behalf of the [/:Identify as a "Province" or "Territory"] and on behalf of Canada by their duly authorized representatives.

33.2 This Agreement may be signed in identical counterparts, each of which constitutes an original, and such counterparts taken together will constitute one agreement. The signatures of the parties need not appear on the same counterpart, and executed counterparts may be delivered by facsimile or in electronically scanned form by electronic mail.

34. Official Languages

34.1 The [/:Identify as a "Province" or "Territory"] shall, when requested by Canada and in accordance with applicable laws, provide any or all of the following in relation to the Activities under this Agreement in both of Canada's official languages (English and French): (i) information; (ii) signage; (iii) oral and written communications; (iv) services; and (v) opportunities for official language minorities to participate in functions related to the Activities.

[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 has 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 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 Funding] Affairs
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: __________________________

SIGNED ON BEHALF OF

[/:RecipientName]
[COMMENT]If the party is an incorporated entity, insert after each signature: I have the authority to bind the corporation[/COMMENT]

By: ______________________________

Title: ______________________________
[COMMENT]non-FNIHB[/COMMENT]

Department of Indigenous Services

Date: ______________________________

Name: ______________________________

Title: ______________________________
[Insert Full Legal Name of the party Receiving Funding]

Date: ______________________________

By: ______________________________

Name: ______________________________

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

Date: ______________________________

By: ______________________________

Name: ______________________________

Title: ______________________________
[Insert Full Legal Name of the party Receiving Funding]

Date: ______________________________

as represented by the Minister of Crown-Indigenous by:

Relations

By: ______________________________

Name: ______________________________

Title: ______________________________
[COMMENT]For the Sectors of the Minister of Crown-Indigenous Relations[/COMMENT]

Name: ______________________________

Title: ______________________________
[Insert Full Legal Name of the party Receiving Funding]

Date: ______________________________

Department of Crown-Indigenous Relations and Northern Affairs

By: ______________________________

Date: ______________________________

as represented by the Minister of Northern Affairs

By: ______________________________

Name: ______________________________

Title: ______________________________
[Insert Full Legal Name of the party Receiving Funding]

Date: ______________________________

Name: ______________________________

Title: ______________________________
[COMMENT]For the Sectors of the Minister of Northern[/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: ______________________________

SCHEDULE 1: Definitions

In this Agreement, the following terms have the following meanings. These definitions apply equally to the singular and plural forms of the terms defined:

"Activity" means any program, service, activity, initiative or project listed in Schedule 3 under the heading Program Service Area/Program Inventory/Budget Activity/Functional Area, including any Project.

[COMMENT]When option 3 of subsection 15.1 (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 3 under the heading "Block Funding".

"CIRNAC" means the Department of Crown-Indigenous Relations and Northern Affairs.

"Contribution Funding" means Set Funding, Fixed Funding, Flexible Funding and Block Funding.

"Cost-Sharing" means a requirement set out in Schedule 4 for the [/:Identify as a "Province" or "Territory"] to supplement any Set, Fixed, Flexible or Grant Funding for an Activity with funding from other sources.

"Crown" means His Majesty the King in Right of Canada.

"days" means calendar days, unless otherwise indicated.

"Delivery Requirements" means the requirements for Contribution Funding set out in Schedule 4.

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

[COMMENT]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 financial reports the [/:Identify as a "Province" or "Territory"] shall prepare in accordance with the Reporting Guide for each Fiscal Year.

"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 3 under the heading "Fixed Funding".

"Flexible Funding" means that portion of the Funding, if any, set out in Schedule 3 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 Block Funding and Grant Funding.

"Grant Funding" means that portion of the Funding, if any, set out in Schedule 3 under the heading "Grant Funding" and that is subject to Canada's pre-established eligibility requirements.

"ISC" means the Department of Indigenous Services.

"main body of this Agreement" means that portion of this Agreement that precedes this Schedule.

"Mandatory Activities" means each Activity found in any table in Schedule 3.

"Notice of Budget Adjustment" or "NOBA" means a notice, issued by Canada, which amends this Agreement to adjust Funding and/or periodic payments in accordance with section 7 of the main body of this Agreement.

"Reporting Guide" (RG) means the applicable Reporting Guide published by Canada for a Fiscal Year.

"Schedule" means any schedule to this Agreement.

"Set Funding" means that portion of the Funding, if any, set out in Schedule 3 under the heading "Set Funding".

SCHEDULE 2: Contribution Funding (Set, Fixed, Flexible, Block) and Grant Funding

SCHEDULE 5: Reporting and Due Dates

SCHEDULE 6: Additional Federal Departments Terms and Conditions

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