CROWN-ABORIGINAL CONSULTATION PARTICIPATION FUND COMMUNITY GUIDE

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3 CROWN-ABORIGINAL CONSULTATION PARTICIPATION FUND 1. Introduction COMMUNITY GUIDE The Government of Manitoba recognizes that the Crown has a legal duty to consult in a meaningful way with First Nations, Metis communities and other Aboriginal communities when any proposed provincial law, regulation, decision or action may infringe upon or adversely affect the exercise of a treaty or Aboriginal right. The Crown s duty of consultation arises out of the interpretation of subsection 35(1) of the Constitution Act, 1982 which states, the existing and treaty rights of the Aboriginal peoples of Canada are hereby recognized and affi rmed. Manitoba recognizes that First Nations, Metis communities and other Aboriginal communities should have adequate resources to ensure meaningful participation in the consultation process. In January 2010, Manitoba announced the Crown-Aboriginal Consultation Participation Fund, a commitment of $5 million over a fi ve-year period, to be managed centrally within government. This guide provides information to First Nations, Metis communities and other Aboriginal communities about how the fund may be accessed for community support costs related to Crown consultation processes with the Government of Manitoba. 2. Fund Objective The fund is to enable First Nations, Metis communities and other Aboriginal communities to participate meaningfully in Crown-Aboriginal consultations by contributing to community support costs. 1

4 3. Eligible Activities Funding requests must focus on activities that enable First Nations, Metis communities and other Aboriginal communities to participate in Crown-Aboriginal consultation processes. These activities may include: Staffing and honorariums: community co-ordinators hired on a short-term, temporary basis to co-ordinate consultation-related activities within the community honorariums for participation by elders and community knowledge holders Travel: basic travel costs travel (vehicle mileage and airfare), hotel and meals to allow community members to attend meetings costs related to site visits/fi eld trips related to the consultation Communication and documentation: costs for providing information materials to consultation participants and community members costs for documenting community input on the proposed decision or action Facilities, equipment, supplies and other charges: rental of meeting facilities, offi ce spaces or furnishings specifi c to the consultation process offi ce equipment, supplies, telephone charges, postage, printing, copying and other costs related to co-ordinating consultation activities Professional services: costs of translation and interpretation services specifi c to the consultation 2

5 reasonable costs for independent technical, legal, scientifi c and industry related advice will be subject to prior agreement between the province and the community, eligibility will be determined on a case-by-case basis reasonable professional service costs for accounting, auditing and other professional fees related to accountability under the terms and conditions of the funding agreement 4. Activities not Eligible for Funding The following activities are not eligible for funding: honorariums to individuals already receiving a salary (ex: band council, paid employees) administration costs for co-ordination by the province on behalf of a community capital costs such as purchase of property, computers, printers, offi ce furniture litigation costs activities not related to the consultation process 5. Process to Access Funds The funding process is as follows: When a provincial department initiates a consultation process with a community (or a number of communities), that department will work with the community to develop a consultation plan and draft budget outlining anticipated community support costs. A draft budget template is attached in Appendix 1. The draft budget will be based on eligible activities outlined in Section 3 of this guide and the rate structure provided in Appendix 2. 3

6 Once the community and department have developed the draft budget for community support costs, the department will complete and submit an internal funding request to Treasury Board Secretariat for consideration. Decisions on funding requests will generally take one to three weeks. Once the department receives approval for the request, the department and community will enter into a funding agreement that sets out how the funds will be paid, how they will be used and how the community will account for use of the funds. (A funding agreement template is attached as Appendix 3). The funding agreement must be signed by the department and community leader, and must contain terms and conditions related to: expected outcomes related to the consultation process allowable costs, consistent with the rate structure timing of payments unused funds reporting requirements deliverables consequence of non-compliance with terms and conditions In certain situations, the community and department may agree that the department will pay community support costs directly on behalf of the community. 6. Contact Information If you would like further information on the Crown-Aboriginal Consultation Participation Fund, please contact Tammy Gibson, Treasury Board Secretariat, Manitoba Government, at

7 Appendix 1 Budget Template CROWN-ABORIGINAL CONSULTATION PARTICIPATION FUND - DETAILED BUDGET Attach to funding agreement as Schedule A. ITEM TOTAL DETAILED BREAKDOWN STAFFING AND HONORARIUMS: Community co-ordinator costs Includes community co-ordinators hired for consultation activities related specifi cally to the consultation process. Honorariums Includes honorariums paid for elders and community knowledge holders. TRAVEL: Basic travel costs Includes travel (vehicle mileage and airfare), hotel and meals (including community feasts) to allow community members to attend meetings. Site visits Includes costs related to site visits/fi eld trips related to the consultation process. BREAKDOWN COMMUNICATION AND DOCUMENTATION: Information materials Includes cost for information materials specific to the consultation and development of information packages, reports or related materials needed to inform the community. Documentation Includes costs for documenting and reporting community input. 5

8 Appendix 1 - Budget Template CROWN-ABORIGINAL CONSULTATION PARTICIPATION FUND - DETAILED BUDGET Attach to funding agreement as Schedule A. ITEM TOTAL DETAILED BREAKDOWN FACILITIES EQUIPMENT, SUPPLIES AND OTHER CHARGES: Meeting and office facilities Includes rental of meeting facilities, office spaces or furnishings specific to the consultation process. Office supplies and other charges Includes office supplies, telephone charges, postage, printing, copying and other costs associated with the consultation process. PROFESSIONAL SERVICES: Translation/interpretation Includes costs of translation and interpretation services specific to the consultation process. Professional fees - technical Includes reasonable costs for independent technical advice (ex: legal, scientific, industryrelated); requires prior agreement between the province and community. Eligibility is determined on a case-by-case basis. Professional fees - other Includes reasonable costs for professional services for accounting, auditing and other fees to maintain accountability under the terms and conditions of a funding agreement. TOTAL 6

9 Appendix 2 CROWN-ABORIGINAL CONSULTATION PARTICIPATION FUND RATE STRUCTURE Community co-ordinators - Level 1 (less experience) $ $29.11 per hour - Level 2 (more experience) $ $34.59 per hour Honorariums $ per half day Travel - Vehicle Mileage north of cents per kilometre - Vehicle Mileage south of cents per kilometre - Airfare Public rates Meals - Meals north of 53 $33.60 per day - Meals south of 53 $31.40 per day Hotel Communication & Documentation Facilities, Equipment, Supplies and other Charges Hotel rates Varies by project Varies by project Professional Services - Translation $ $41.15 per hour - Interpretation $ per hour - Profession Fees Technical Advance agreement required, varies by project - Professional Fees Other Varies by project 7

10 Appendix 3 CROWN-ABORIGINAL CONSULTATION PARTICIPATON FUND AGREEMENT TEMPLATE This Agreement dated, 20. HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF MANITOBA, as represented by The Minister of ( Manitoba ) - and - [Insert Community name] as represented by [Insert representatives, ex: Chief and Council], (the Community ) 8

11 WHEREAS: A. Manitoba recognizes it has a duty to consult in a meaningful way with First Nations, Metis communities and other Aboriginal communities when any proposed provincial law, regulation, decision or action may infringe upon or adversely affect the exercise of a treaty or Aboriginal right of that First Nation, Metis community or other Aboriginal community, as recognized and affi rmed under s. 35 of the Constitution Act, 1982; B. Accordingly, Manitoba is engaging in a Crown consultation process with the Community with respect to [Insert nature of decision, proponent etc.] (the Consultation ); C. Manitoba and the Community are entering into this Agreement to provide Consultation support funds (the Funds ) to the Community to enable the Community to meaningfully participate in the Consultation; and D. The Community agrees to comply with the terms and conditions set out below and in attached Schedules A and B which the parties agree forms part of this Agreement. Manitoba and the Community agree as follows: SECTION TERM AND PURPOSE 1.01 This Agreement shall be effective once signed by the parties, and shall cover the period from [insert date range] unless terminated under section The purpose of this Agreement is to provide funding to enable the Community to meaningfully participate in the Consultation. 9

12 SECTION CONSULTATION SUPPORT FUNDS 2.01 Manitoba has agreed to provide Funds in an amount not to exceed ($) Dollars to the Community The Funds are payable to the Community in accordance with Schedule A attached to this Agreement The Community shall use all Funds provided by Manitoba solely for the purposes of the Consultation in accordance with Schedule A attached to this Agreement Nothing in this Agreement creates any undertaking, commitment or obligation on the part of Manitoba respecting future or ongoing funding for the purpose of the Consultation, and Manitoba shall not be responsible for any defi cit incurred by the Community The Community agrees that the Funds, or any part of them, shall not be deemed nor considered to have been earned in the hands of the Community until they are expended by the Community in accordance with Schedule A. Until that time, the Funds shall be deemed to be held by the Community in trust for Manitoba and the Funds may not be claimed or attached by third parties, whether by security agreement or otherwise. 10

13 SECTION REPORTING AND ACCOUNTING FOR USE OF FUNDS 3.01 The Community shall, on request, provide to Manitoba the necessary documentation as may be required by Manitoba to ensure that the Funds are being used solely for the purposes of the Consultation and in accordance with Schedule A attached to this Agreement The Community Agrees to account for the use of the Funds in accordance with Schedule B attached to this Agreement. SECTION TERMINATION AND REPAYMENT 4.01 Manitoba may terminate this Agreement by giving (10) days written notice to the Community if in Manitoba s opinion the Community is not using the Funds solely for the purposes of the Consultation and in accordance with Schedule A attached to this Agreement Upon notice of termination of this Agreement being given, the Community shall return to Manitoba any Funds unexpended or uncommitted as of the date of termination Manitoba s agreement to provide funding for the Consultation will be withdrawn effective the termination date and Manitoba will have no further obligation to provide Funds. SECTION NOTICES 5.01 All notices shall be in writing and shall be delivered, or sent by prepaid registered mail or facsimile transmission, or electronic transmission to the other party at the address or facsimile number or address set out in this Agreement, or to such other address or facsimile number or address as otherwise provided to the other party in writing in accordance with this provision. 11

14 If to Manitoba: NAME OF MANITOBA GOVERNMENT DEPARTMENT PROVIDING FUNDS ADDRESS CITY AND POSTAL CODE FAX NUMBER Attention: If to the Community: FULL LEGAL NAME OF COMMUNITY ADDRESS CITY AND POSTAL CODE FAX NUMBER Attention: SECTION GENERAL PROVISIONS 6.01 The Community shall not assign or transfer this Agreement or any of the rights or obligations under this Agreement This Agreement, including Schedules A and B contains the entire agreement between the parties. Except as otherwise stated herein, there are no undertakings, representations or promises, express or implied, other than as contained in this Agreement This Agreement shall be interpreted, performed and enforced in accordance with the laws of Manitoba, and of Canada as applicable therein Those provisions of this Agreement containing obligations that by their very nature are intended to survive the termination or expiration of this Agreement shall survive the termination or expiration of this Agreement. 12

15 The authorized representatives of the Parties have signed this Agreement on the dates noted below: FOR: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF MANITOBA Witness Date: FOR: [Insert name of Community] Witness [Chief] or [Mayor] Witness [Councillor] Witness [Councillor] Witness [[Councillor] Witness [Councillor] 13

16 Schedule A This is Schedule A to the Crown-Aboriginal Consultation Participation Fund Agreement between Her Majesty the Queen in Right of the Province of Manitoba and [Insert the Community Name] dated, 20. The approved community support cost budget is to be attached as part of Schedule A. A payment schedule based on agreed-to milestones and deliverables is to be inserted after the budget (i.e., amounts and dates of payments). 14

17 Schedule B This is Schedule B to the Crown-Aboriginal Consultation Participation Fund Agreement between Her Majesty the Queen in Right of the Province of Manitoba and [Insert the Community Name] dated, 20. Principles - Accounting for Costs The Community will account for Funds provided under the Crown- Aboriginal Consultation Participation Fund Agreement based on the following understandings: (a) On a monthly basis, the Community will submit to Manitoba an accounting in agreed reporting format of monies expended in the immediately preceding month, with supporting documentation, including a summary of the outcomes or achievements of value to the Community that were accomplished as a result of the costs incurred by the Community; (b) The Community will detail the expenses for individual members for all meetings. Charges for services and incidental expenses will be claimed at agreed upon rates with necessary supporting information being supplied; (c) The Community will include with each accounting: (i) invoices for the work of professional advisors which the Community has directed to be undertaken and which has been completed to the Community s satisfaction; and (ii) receipts for the travel expenses. Meals will be reimbursed at agreed rates. If ground transportation is used, the purpose of the expenditure, destinations, distance traveled and rate per kilometre; 15

18 (d) Travel time billed by professional advisors will not be reimbursed by Manitoba; (e) All accountings submitted to Manitoba must be approved by a representative of the Community with authority for such purpose. Financial reports submitted to Manitoba will be accepted and used by Manitoba as the confi dential business information of the Community and, except as may be required by law, will not be released without the Community s consent. 16

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