First Nations Child and Family Services and Jordan's Principle Capital Delivery Guide: Annexes

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Appendix A: Glossary

Appeal: An appeal is an application submitted by a funding requestor with the goal of getting a fully or partially denied capital request reversed.

Complex project: The complexity of a project is determined based on an array of factors including but not limited to:

Escalation: An internal ISC process designed to ensure that, prior to a decision being made by the First Nations Child and Family Services (FNCFS) team concluding that a request must be fully or partially denied, in the case of FNCFS, other ISC colleagues with relevant professional backgrounds (e.g., social workers) or relevant paraprofessional backgrounds, and, if necessary, the Assistant Deputy Minister, review the funding request.

In the case of requests under Jordan's Principle, all decisions are currently made at headquarters. All requests are escalated to headquarters for decision making in consultation with the Regions. Prior to a decision being made by the Coordination Unit for Jordan's Principle concluding that a request must be fully or partially denied—until a longer-term approach is established, all requests will be approved by the Assistant Deputy Minister or delegate responsible for the Capacity, Infrastructure and Accountability Division. Prior to making a decision that a request must be fully or partially denied, the request may be reviewed by the Senior Assistant Deputy Minister or delegate responsible for Jordan's Principle.

For more information on the escalation process for the Canadian Human Rights Tribunal (CHRT) order on capital projects funded under the FNCFS Program or through Jordan's Principle (i.e., 2021 CHRT 41), please see Appendix D.

Feasibility study: The feasibility study phase examines all technically sound and economically viable options available to achieve the objectives of a capital project and provides the planning information required for the project to move ahead to subsequent phases. The feasibility study report:

The feasibility study report recommends a preferred option and should determine the most appropriate strategy for moving ahead with the project and maximizing benefits to the community while meeting ISC program funding requirements.

FNCFS agency: Provincially delegated and First Nation-led agencies providing child and family services to First Nations children, youth, and families. This does not include service providers operating on behalf of First Nations exercising jurisdiction over FNCFS under An Act respecting First Nations, Inuit and Métis children, youth and families.

Funding agreement: A written agreement or documentation constituting an agreement between the Government of Canada and a funding recipient setting out the obligations or understandings of both with respect to one or more transfer payments. It describes the requirements needed to maintain the accountability relationship between ISC and the funding recipient. Additional information on National Funding Agreement Models is available online.

Funding recipient: An individual or entity that has met the eligibility criteria of the program and has signed a funding agreement with ISC to deliver an initiative (program, service, or activity).

Funding requestor (aka "requestor"): An individual or entity that has met the eligibility criteria of the program for submitting a capital funding request needed to support the delivery of FNCFS funded activities or services or the delivery of current services funded under Jordan's Principle.

Needs assessment: An assessment process to determine and address needs or gaps between current and desired conditions.

Operations and maintenance: The activities associated with the daily operations and normal repairs needed to preserve an asset so that it continues to provide acceptable services and achieves its expected lifespan.

Ready to proceed: The project has received approval from the First Nation and all applicable project phases (e.g., feasibility or design phases for construction projects) for that project were completed. The asset can be purchased or construction can begin at this point.

Remote: First Nations scored as 0.4 or more based on the Canadian Remoteness Index published by Statistics Canada.

Appendix B: Capital Funding Request Form

The Capital Funding Request – First Nations Child and Family Services and Jordan's Principle form (PAW#40-013) is available for download online or by request from chrt41-tcdp41@sac-isc.gc.ca.

Appendix C: Examples of key information to include in feasibility study

Strategic context
Organization name Detail the name of the organization requesting the capital investment.
Organizational overview To build a strong rationale for a proposed investment, the current environment needs to be described. The organizational overview of the sponsoring agency should include:
  • mission;
  • strategic vision, goals, and service objectives;
  • current activities and services, including key stakeholders and clients;
  • organizational structure (high level);
  • existing capacity (financial and human resources).
Problem/opportunity statement Express the problem or opportunity to which the agency or First Nation is responding.
Strategic fit The feasibility study should demonstrate how the proposed investment fits within the agency's or First Nation's broader strategic context and contributes towards its goals and objectives (e.g., successful family reunifications, fewer re-entries into protection). This subsection maps the investment proposal to the organizational framework.
Drivers for change Identify the drivers that have triggered the investment proposal, for example, an infrastructure gap that needs to be filled to facilitate the delivery of approved Jordan's Principle services, or additional funding is now available under FNCFS and there is an ongoing need for capital or increased demand for services or demand for additional services. Both internal (e.g., organizational reprioritization) and external drivers of change should be identified and clearly linked to the business need.
Analysis and recommendation
Options analysis Identify, describe, and explore the range of possible capital project options that can address the need. The list should demonstrate that it is exploring all options to ensure the deliverance of the Program objectives.
Performance alignment Define the evaluation criteria and how the project aligns with the goal of 2021 CHRT 41, which is to provide appropriate assets to support the delivery of FNCFS funded activities or services and/or the delivery of approved services under Jordan's Principle.
Life cycle cost for each option Provide a complete description of the costs. Projected costing estimates should be based on total cost of ownership, which includes ongoing costs over the course of the investment's life cycle as well as potential compliance costs for stakeholder groups, e.g., costs to ensure an asset continues to comply with applicable building codes or health and safety regulations.
Cost-benefit analysis for each option Based on the costs established for each option, describe how those costs are weighed against the benefits. Conduct the cost-benefit analysis for each option considering costs, benefits, and risks.
Risk analysis for each option Identify the foreseen risks and conduct a risk assessment for each option, along with the development of a risk response. Risks may include challenges of working in remote areas, or the investment's importance to the agency's operations. A useful tool for assessing the risk and complexity of a project is the Treasury Board Project Complexity and Risk Assessment (PCRA).
Justification and recommendation
Identify the recommended option Present the recommendation in a straightforward manner, clearly stating why the agency or First Nation will benefit by focusing its investment on one option.
Deciding factors Identify the deciding factors (financial, strategic, and outcome-related) for selecting the preferred option.
Forecasted performance impact of the recommended option Present the contribution of the requested capital item towards the realization of the objectives of 2021 CHRT 41.
Life cycle cost Present the life cycle cost for the requested capital item.
Risk mitigation measures of recommended option Illustrate why the identified risks are acceptable. Narrative may be included to further contextualize the key factors supporting the overall risk assessment, which include impact, probability, outcomes, and so forth. A useful tool is the Treasury Board PCRA.

Appendix D: 2021 CHRT 41 escalation process

The escalation process can occur in 2 instances:

Scenario 1

The request can be escalated to the Assistant Deputy Minister, or their authorized delegate, if ISC determines that the requestor did not demonstrate clearly how the capital asset supports the delivery of FNCFS funded activities or services and/or current Jordan's Principle services as per the applicable program terms and conditions or the Capital Order.

Scenario 2

The FNCFS team or the Coordination Unit for Jordan's Principle determines that the request must be fully or partially denied (e.g., apparent missing elements). The Regional Operations Sector's Capital team and/or First Nations Inuit and Health Branch's Capacity, Infrastructure and Accountability Division does not recommend supporting the requestor's preferred project option because the information provided does not justify it as the most suitable and cost-effective option.

Step 1: Prior to escalation

Review by other ISC employees with relevant technical expertise

Before escalating a request, the regional staff will engage with NHQ staff and/or the Coordination Unit for Jordan's Principle to discuss eligibility based on the knowledge and expertise of the social workers or other professionals and/or program leads within the team.

After completing their review, if it is determined that the project is approved and can continue to proceed through any outstanding steps/phases or it is ready to proceed, the regular process to transfer funds will be pursued.

After completing their review, if it is determined that the request does not meet the eligibility criteria in the CHRT order or the Program terms and conditions, and/or eligibility for Jordan's Principle, the FNCFS team and/or the Coordination Unit for Jordan's Principle will provide the funding requestor with all of the relevant information regarding the request and highlighting the basis for their ineligibility concerns and the rationale for the proposed full or partial denial of the capital funding request.

Step 2: Initial step in escalation

Quality assurance check point

The 2021 CHRT 41 Intake Desk and/or the Coordination Unit for Jordan's Principle will conduct a quality assurance check of the file and ensure that the following information is included:

  • The rationale for the escalation;
  • Confirmation that the proposed denial was reviewed by other ISC staff with applicable professional backgrounds prior to the escalation to the ADM or authorized delegate.

The Intake Desk for FNCFS and the Coordination Unit for Jordan's Principle will prepare the following for the ADM's review file:

  • A briefing note for the ADM or authorized delegate that clearly outlines all the relevant background information and considerations related to the request and also explains the rationale for the proposed full or partial denial;
  • A denial letter ready to be sent to the funding requestor that clearly states the reason for the full or partial denial, and identifies other potential sources of funding (if possible) and key information on the appeals process.

Step 3: Escalation file undergoes ADM review

The ADM or authorized delegate reviews the respective escalation file.

Upon the decision regarding the approval or denial of the request, the FNCFS team and/or the Coordination Unit for Jordan's Principle will notify the funding requestor and update the file for record keeping purposes.

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