Contributions to Indian Bands for Registration Administration

Table of contents

1. Introduction

Sections 5 and 9 of the Indian Act provide for the maintenance in the department of the Indian Register as well as for the maintenance of Band Lists until such time as a band assumes control of its own Band List. Under these same sections, the Registrar, who is the officer in the department who is in charge of the Indian Registrar and Band Lists, is granted authority to add or delete the names of persons who are entitled, or not entitled, to be registered as the case may be. The Registrar has delegated the authority to make specific changes to the Indian Register to certain headquarters and regional staff and to certain Indian Registration Administrators (IRA) working for an Indian Band. The Indian Register is held in departmental systems.

IRAs verify life events (e.g. births, marriages, deaths, divorces) that affect the Indian Register and the Secure Certificate of Indian Status for the band(s) they represent. They provide guidance and support to Status Indians to complete necessary forms to request a registration or an amendment to the Indian Register, or to obtain a Secure Certificate of Indian Status. At the request of their band members and if they are authorized by the Indian Registrar, they can also collect forms and protected documents and forward they to the Department for the latter to add or amend information in the IRS and/or to issue a Secure Certificate of Indian Status. The Contributions to Indian bands for registration administration will use set, fixed and block contribution funding approaches.

These terms and conditions are specifically targeted to Aboriginal people.

2. Legal and Policy Authority

Department of Indian Affairs and Northern Development Act, R.S.C. 1985 c. I-6, s. 4

3. Purpose, Objectives and Expected Results

The objectives of this transfer payments authority are to enable Indian Bands or their Tribal Councils to facilitate the administration of the Indian Registration System and maintenance of Band Lists, and increase the adoption of the Secure Certificate of Indian Status at the community level. The transfer payments will provide for local provision of Indian registration administration that results in eligible Indians gaining status and the attendant benefits thereof, as well as an updated Indian Register held by the Department of Indian Affairs and Northern Development (DIAND). This activity supports the "People" strategic outcome of the Department’s Program Alignment Architecture under the activity referred to as Managing Individual Affairs. It leads to increased individual, family and community well-being of First Nations.

4. Eligibility

Contributions for Indian Registration Administration may be provided to Indian Bands and Tribal Councils.

5. Type and Nature of Eligible Expenditures

Acceptable expenditures for activities under this transfer payment authority covers disbursements for: salaries, wages, travel; accommodation; telecommunications; transportation; office rent and overheads such a heating, lights or janitorial; professional services such as legal, accounting, audit and evaluation; communications; training office supplies; office equipment such as computers, photocopiers, scanners, digital peripherals dedicated to the this program; printing; community information initiatives; data collection, analysis and reporting.

6. Total Canadian Government Funding and Stacking Limits

Annual financial reporting shall show all sources of funding received inclusive of all federal, provincial, territorial and municipal governments (total government assistance) and other sources. Maximum government funding including DIAND and may total up to 100% for eligible programs and projects.

7. Method for Determining the Amount of Funding

Funding is provided to eligible recipients according to a formula based on two variables: band population and the number of of transactions reported annually. The formula provides $7.07 per capita, and $15.00 per transaction with a minimum of $5,000 per year per Band. Calculation is based on the on and off-reserve population and the number of transactions recorded in the Indian Registration System as of December 31st of the previous calendar year.

8. Maximum Amounts Payable

The total maximum annual payment for any single eligible recipient, including amendments to the original funding amount, will not exceed $400,000.

9. Basis on Which Payments will be Made

Contributions are paid on the basis of performance achievement as measured by the information provided to DIAND by the Indian Registration Administrators.. The set, fixed and block contribution funding approaches will be used.

10. Application Requirements and Assessment Criteria

Eligible recipients will be required to provide the following information in order to be eligible to enter into a funding arrangement with DIAND:

Minimum Program Requirements

The Indian Registry Administrator appointed by the Council will provide information required by DIAND for the purpose of maintaining the Indian Register and, where the band does not control its own membership rules under section 10 of the Indian Act, for the maintenance of the "band list" within the meaning of section 8 of the Indian Act, in accordance with the DIAND Indian Registry Reporting Manual and policies, as amended from time to time.

11. Due Diligence and Reporting

DIAND has internal control procedures, systems and human resources to ensure due diligence is properly exercised when: verifying eligibility for Indian Registration Administration program funding; assessing the recipient's capacity to manage or develop and deliver programs and services; verifying financial management capability; authorizing spending authority and approving payment requisitions; and, managing and administering this transfer payment authority. This responsibility is shared by DIAND headquarters and regional offices.

At the national level the Resolution and Individual Affairs Sector is responsible for specifying eligibility criteria for program funding, developing program guidelines and directives, establishing program reporting requirements, monitoring program implementation and reporting results. Corporate Services is responsible for establishing minimum financial terms and conditions, operating systems of internal control, monitoring budgets, and issuing compliance directives.

DIAND regional offices have the responsibility of liaising with eligible recipients to ensure that the program and financial terms and conditions are understood, management and funding arrangements are in place, reporting requirements are understood and met, monitoring activities are carried out in accordance with established directives and guidelines, operating a process to review recipients' annual audited financial statements, and reporting program and financial results to headquarters.

Performance Measurement Strategies are being developed for all programs, consistent with the requirements in the Policy on Transfer Payments, as part of the phased-in approach to implement the renewed Policy on Transfer Payments.

12. Official Languages

Where a program supports activities that may be delivered to members of either official language community, access to services from the recipient will be provided in both official languages where there is significant demand and Part IV of the Official Languages Act is applicable. In addition, the department will ensure that the design and the delivery of programs respect the obligations of the Government of Canada as set out in Part VII of the Official Languages Act.

13. Intellectual Property

Where a contribution is provided for the development of material in which copyright subsists, conditions for shared rights will be set out in the funding agreement.

14. Repayable Contributions

Provisions for repayable contributions do not apply. Any contributions made to private firms under these programs are not intended to generate profits or to increase the value of a business.

15. Redistribution of Contributions

Does not apply.

16. Other Terms and Conditions

In the case where IRA will act as a receiving agent, the authority to access and safeguard protected documents, and have access to department systems related to registration and membership, will only be granted when compliant with departments security requirements.

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