Funding for capital assets: Jordan's Principle and First Nations child and family services

Funding the purchase or construction of capital assets which support the delivery of child and family services and services under Jordan’s Principle.

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Background

On January 26, 2016, the Canadian Human Rights Tribunal (CHRT) ruled Canada’s provision of First Nations child and family services and Jordan’s Principle were 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. 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 or for the delivery of 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. Consequently, the timelines in the orders are calculated from January 18, 2022.

The English Order and Indigenous Services Canada’s French translation can be accessed online for your information: 2021 Canadian Human Rights Tribunal 41: Order.

Until the Tribunal issues the French version of the order, the English is the authoritative version. The official French version will be posted to the Canadian Human Rights Tribunal’s web site once it becomes available. 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.

For more information about the CHRT or to request a copy of the full decision 2021 CHRT 41, contact the CHRT.

Funding for capital assets through 2021 CHRT 41

By virtue of 2021 CHRT 41, First Nations, First Nations child and family services agencies and First Nations-authorized Jordan’s Principle service providers can access funding for the purchase and construction of capital assets that are needed to:

Capital assets are pieces of property, buildings, spaces or vehicles that are intended for long-term use. For example, funding for capital assets would support:

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 and 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:

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

  1. Complete the Capital Funding Request Form
  2. Email the completed form to chrt41-tcdp41@sac-isc.gc.ca

Indigenous Services Canada developed a guide to support First Nations, First Nations child and family services agencies, and service providers in applying for funding. For a copy of this guide, the Capital Funding Request Form or for help preparing your request for capital funding, 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. Pursuant to the CHRT’s order, capital funding requests must be determined within 30 business days. Where the full cost of a project or feasibility study will not be funded, where a project is not ready to proceed, or where more than 30 business days is required to make a determination, ISC will provide the First Nations child and family services agency, First Nation or the First Nation-authorized service provider with a clear written explanation, and information about how to appeal the decision.

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