Capital Assets Guide: Overview

Update

An updated PDF version of the Capital Assets Guide is now available by email request and will be published online in the coming months. Please note that until web updates have been completed, some information below may be outdated. To request the most up-to-date version of the guide, please email chrt41-tcdp41@sac-isc.gc.ca.

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First Nations Child and Family Services (FNCFS) Program

The FNCFS Program oversees and provides contribution funding for the ongoing provision of culturally appropriate prevention, including early intervention and least intrusive measures, and legislated protection services in order to respond to child maltreatment, support family preservation and well-being, including cultural and linguistic connections for First Nations children, youth and families on reserve or in the Yukon.

Jordan's Principle

Jordan's Principle ensures that First Nations children living in Canada can access the products, services and supports they need, when and where they need them.

Canadian Human Rights Tribunal (CHRT) orders related to capital

On January 26, 2016, the CHRT ruled that Canada's provision of FNCFS, and Jordan's Principle was discriminatory on the prohibited grounds of race and national or ethnic origin. The ruling specifically noted capital as one area requiring redress. On August 26, 2021, the CHRT issued a 'letter-decision' pertaining to issues that had been before the CHRT for some time, including major capital. On November 16, 2021, the CHRT issued 2021 CHRT 41 and, on January 18, 2022, the CHRT amended its orders under 2021 CHRT 41 to reflect an agreement reached by the parties to the complaint and Canada. These consent orders require Canada to fund the planning, purchase and construction of capital assets for the delivery of FNCFS or for the delivery of services under Jordan's Principle.

Objective

The approach for implementing 2021 CHRT 41, was designed to enable First Nations, FNCFS agencies and First Nations-authorized Jordan's Principle service providers with access to capital funding in a way that is streamlined and timely, addresses actual needs, and minimizes administrative burden. ISC will exercise a "reconciliation first" approach when receiving, processing and assessing capital requests in a common-sense manner that meets the needs of service providers.

Approach

This Capital Assets Guide describes ISC's approach for implementing the 2021 CHRT 41 orders, outlines the scope of the orders and explains how funding requestors can access capital funding. Eligible funding requestors can access funding from ISC for capital projects that are underway or projects that are ready to proceed. Per the order, ISC will also provide funding to conduct capital needs assessments and feasibility studies. ISC will only fund costs incurred on or after August 26, 2021.

The Capital Assets Guide summarizes the terms and conditions, criteria, guidelines, and policies under which the FNCFS Program and Jordan's Principle provide funding for capital assets that provide safe, accessible, confidential and culturally-and-age-appropriate spaces that are needed to support the delivery of these services.

As policies and procedures evolve, the guide is updated accordingly and eligible funding recipients are advised of these changes through the newsletters and bulletins available on the FNCFS and Jordan's Principle website and other communication tools.

Eligible funding recipients are advised to read and retain the most current version of the guide to ensure continued compliance with the terms and conditions of their Funding Agreement. In the event of a contradiction between document versions, the provisions of the ISC web-posted guide, along with the latest capital publications and the funding agreement, will prevail.

Principles

ISC will apply the following principles when assessing the eligibility of requests:

Regular communication with funding requestor and service standards

ISC will send notifications to the funding requestor in writing as their capital funding request progresses through the assessment process and will respect the following service standards:

The assessment process and documentation required to support a request are reasonable

Ongoing guidance available from ISC throughout the process

ISC officials will support funding requestors through the funding request process and the capital project stages to help ensure that eligible capital requests are funded and completed. The end of each chapter in the Capital Assets Guide contains contact information should guidance or support be needed.

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