Funding for capital assets: Jordan's Principle and First Nations child and family services
Funding to buy or build capital assets which support the delivery of First Nations child and family services and services under Jordan's Principle.
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On January 26, 2016, the Canadian Human Rights Tribunal (CHRT) ruled that Canada's provision of First Nations child and family services 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 November 16, 2021, the CHRT issued 2021 CHRT 41: First Nations Child & Family Caring Society of Canada et al. v. Attorney General of Canada (representing the Minister of Indigenous and Northern Affairs Canada).
This decision contains orders for Canada to fund the purchase and construction of capital assets for the delivery of:
- First Nations child and family services
- services under Jordan's Principle
Following the submission of a consent motion from Canada and the parties, on January 18, 2022, the CHRT amended the orders in the decision of November 16, 2021.
To learn more about this and past decisions of the federal court and the CHRT on First Nations child and family services and Jordan's Principle, consult the Timeline: Jordan's Principle and First Nations child and family services.
Funding for capital assets
Under the Canadian Human Rights Tribunal (CHRT) order 2021 CHRT 41,
- First Nations
- First Nations child and family services agencies
- First Nations-authorized Jordan's Principle service providers
can access funding to buy or build capital assets that are needed to:
- support the delivery of child and family services to First Nations children on reserve and in Yukon
- provide safe, accessible, confidential and culturally - and age-appropriate spaces to support delivery of Jordan's Principle services on reserve, in the Northwest Territories and in Yukon, which can include space to administer those services, such as in support of service coordination
- provide First Nations Representative Services (formerly Band Representative Services) for First Nations in Ontario
Capital assets are property, buildings, spaces or vehicles that are intended for long-term use. For example, this funding would support:
- purchasing land on which a building is to be built for the delivery of First Nations child and family services, First Nations Representative Services in Ontario or Jordan's Principle services
- repairing or renovating an existing building for the delivery of such services
- establishing a cultural space, including outdoors, to run prevention-based programming
To access funding for capital assets, projects must be considered "ready to proceed". This means that:
- the project has received approval from the First Nation
- the feasibility and design work has been completed
Indigenous Services Canada will provide support to First Nations and agencies to bring a project to the stage where it is considered "ready to proceed", including providing funding to conduct a capital needs assessment or a feasibility study.
First Nations child and family services agencies may continue to seek reimbursement for building repairs through a claim on actuals as per 2018 CHRT 4.
Who can apply
Funding applications to buy or build capital assets, or to carry out a needs assessment or a feasibility study, can be made by:
- First Nations agencies that deliver child and family services to First Nations children, youth and families ordinarily resident on reserve or in Yukon
- First Nations communities that deliver prevention services to children and families on reserve or in Yukon
- First Nations in Ontario that deliver First Nations Representative Services
- First Nations or First Nations-authorized service providers that deliver Jordan's Principle services to First Nations children who live:
- on reserve in a province
- anywhere in the Northwest Territories
- anywhere in Yukon
In addition, funding applications to carry out a capital needs assessment or a feasibility study can be made by First Nations or First Nations-authorized service providers that deliver Jordan's Principle services to First Nations children who live on or off-reserve, anywhere in Canada.
How to apply
- Complete the Capital Funding Request Form
- Email the completed form to email@example.com
Indigenous Services Canada has developed a guide to support First Nations, First Nations child and family services agencies, and First Nations-authorized Jordan's Principle service providers in applying for funding for capital assets under 2021 CHRT 41.
- Capital Assets Guide: Overview
- Capital Assets Guide: Chapter 1 – First Nations Child and Family Services
- Capital Assets Guide: Chapter 2 – Jordan's Principle
- Capital Assets Guide: Annexes
For help preparing your funding application, contact us. Indigenous Services Canada's officials will make every effort to respond to requests quickly, recognizing that delays can have significant impacts on the timing of a project.
For projects that are deemed "ready to proceed" with buying or building a capital asset or for a request for needs assessment or feasibility study funding, Indigenous Services Canada will make a determination on the full funding of the project or study within 30 business days. However, there may be exceptional circumstances where complexity related to the project's design, the impact of local circumstances on its delivery, or other unforeseen situations, require additional time for Canada to consider the proposal.
Indigenous Services Canada may not need the full 30 business days to reach each full funding decision – it will vary based on the circumstances and complexity of each proposal.
When Indigenous Services Canada determines that:
- it will not fund the full cost of a project, needs assessment or feasibility study
- a project is not ready to proceed (for example, has relevant First Nations approvals and for which feasibility and design work is complete)
- it requires more than 30 business days to make a determination
Indigenous Services Canada will advise the First Nations child and family services agency, the First Nation, or the First Nations-authorized Jordan's Principle service provider in writing, clearly substantiating why the project is being delayed, deferred or is ineligible in whole or in part. In the case of incomplete or denied funding applications, Indigenous Services Canada will allow the applicant a reasonable period of time to correct any deficiency. If the funding application is fully or partially denied, ISC will provide the applicant with information on how to appeal the decision.
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