How to Select a Recipient-Appointed Advisor
Changes to how ISC applies the Default Prevention and Management Policy
As of June 1, 2023, ISC no longer applies the first 2 levels of the Default Prevention and Management Policy (DPMP), Recipient-Managed and Recipient-Appointed Advisor, to recipients that enter default. This is an important step in the process to repeal the DPMP, which the Government of Canada committed to in 2017. ISC plans to work with First Nations partners to co-develop a new approach that provides capacity development support to communities experiencing significant governance capacity challenges. The third level of default management, known as Third-Party Funding Agreement Management, remains as a last resort, applied only in rare circumstances when all efforts to ensure the continued delivery of programs and services to community members have been exhausted.
Application
Who is this guide for?
This guide is for recipients of departmental funding who need and/or are required to seek advisory support in addressing individual program areas (e.g. educational services, social assistance services, financial management, etc.), and recipients who are in default or in risk of defaulting on the terms and conditions of their funding agreement with Aboriginal Affairs and Northern Development Canada (AANDC).
What to look for in Selecting a Recipient-Appointed Advisor?
It is the recipient's responsibility to identify, select, manage and remunerate the appropriate Recipient-Appointed Advisor (RAA) to address area(s) of risk or default. The Chief, Council members, and other appropriate administrative personnel managing the funding agreement should be involved with the selection process.
From a departmental standpoint, the regional office and/or department official who manage the Funding Agreement can support the recipient in finding a Recipient-Appointed Advisor. Identifying the qualifications suitable for the particular challenge is the key and some suggestions can be found below.
Suggested Recipient-Appointed Advisor Qualifications
Minimum Suggested Qualifications
The following minimum qualifications are suggested for the Recipient-Appointed Advisor:
- Ability to work with the recipient to build capacity in risk or default areas identified.
- Possession of a college diploma or university degree.
- Possession of a Chartered Accountant, Certified Management Accountant, Certified General Accountant or Certified Aboriginal Financial Manager designation in good standing if the default relates to financial management.
- Experience in working with communities, especially First Nations and Aboriginal organizations.
Other Suggested Qualifications
A number of other qualifications can help to find the right advisor, especially knowledge of the work:
- Knowledge of the federal government's funding relationship processes (e.g. funding agreements, program delivery requirements, Provincial/Territorial program guidelines).
- Knowledge of the Default Prevention and Management Policy.
- Knowledge of Recipient Reporting Requirements.
Experience in the following areas would be an asset:
- Previous experience as a Recipient-Appointed Advisor, Co-Manager, Expert Resource, or Third Party Manager.
- Project management.
- People management (e.g. coaching, training, developing staff, providing leadership).
- Developing and implementing human resource strategies.
- Dispute resolution.
- Negotiating agreements with creditors.
A suitable Recipient-Appointed Advisor will have direct expertise in the management area that requires attention, for example:
For Governance |
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For Planning |
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For Financial Management |
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For Program Management |
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For specific program areas, experience with related responsibilities is considered an asset for the Recipient-Appointed Advisor, for example:
For Education |
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For Social Development |
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For Capital Infrastructure Management (Schools, Water and Waste-Water Facilities) |
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For Housing |
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For Water |
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Once the qualifications have been identified:
- Get the word out: contact Tribal Councils, First Nation Governments or other First Nations, the regional Human Resources and Skills Development Canada office, other associations of professionals.
- Look to region specific 'communities of practice' or other supports.
- Go online: post an offer on various media outlets such as an internet job site, newspapers, social media, etc.
For legal reasons, the department may not name or provide actual potential Recipient-Appointed Advisors to recipients, but the recipient can contact the department to obtain the name of a recipient who has had a similar experience and who may be willing to help.
Reference Checking
Since the recipient will be working closely with the Recipient-Appointed Advisor for an undetermined amount of time, selecting a Recipient-Appointed Advisor with the best qualifications is a very important part of the process. Consequently, once the list of Recipient-Appointed Advisor potential candidates has been narrowed, references should be sought to look for consistency among comments. One resource is the Public Service Commission of Canada's Structured Reference Checking Guide.
Conflict of Interest
Avoiding real or perceived conflicts of interest needs to be taken into account during the selection process. If not properly addressed, conflicts of interest can cause problems and affect program and service delivery. A conflict of interest does not relate exclusively to matters concerning financial transactions.
A conflict of interest is defined as a situation in which an individual has private interests that could improperly influence the performance of his or her official duties and responsibilities or in which the individual uses his or her office for personal gain.
Before the recipient enters into an agreement with the Recipient-Appointed Advisor, the department must obtain from the Recipient-Appointed Advisor a signed 'Conflict of Interest Declaration for Recipient-Appointed Advisor' form (Annex B) regarding all outside activities or assets that might give rise to a conflict of interest with respect to their official duties. The form should be updated every time a major change occurs in their personal affairs or official duties.
With respect to the arrangements necessary to prevent real, apparent or potential conflict of interest, or to comply with the requirements set out above, it is expected that situations will be resolved through discussion and agreement between the department and the recipient.
What should be considered when terminating the services of a Recipient-Appointed Advisor?
It is important that terminating the services of a Recipient-Appointed Advisor be done according to the terms of the contract to ensure the recipient protects itself from legal ramifications from breach of contract. Some things to consider include:
- Give Proper Notice (How long?)
- Make the Notification in Writing. The notification to terminate the services contract needs to be in writing. The notice should be sent by certified mail, return receipt requested, so that there is a record that it was sent and that the Recipient-Appointed Advisor received it. Make sure the effective date of the contract termination is included.
- Understand the Costs Involved
- Inform All Parties of the Change in Management
- Terminate the Contract if the Recipient-Appointed Advisor Has Breached the Terms and Conditions
- Obtain Copies of All Important Paperwork
- Don't make it personal
A model contract has been prepared that we advise recipients to use.
Annex A
Checklist for the Appointment of a Recipient-Appointed Advisor (RAA)
Recipient Name: _____________________________
Recipient-Appointed Advisor Name: _____________________________
1) Does the RAA meet the following qualifications:
Yes, No or N/A | Comments | ||
---|---|---|---|
Minimum Suggested Qualifications | |||
Ability to work with the recipient to build capacity in risk or default areas identified | |||
Possession of a college diploma or university degree | |||
Possession of a Chartered Accountant, Certified Management Accountant, Certified General Accountant or Certified Aboriginal Financial Manager designation in good standing if the default relates to financial management | |||
Experience in working with communities, especially First Nations and Aboriginal organizations | |||
Other Suggested Qualifications | |||
Knowledge | Knowledge of the federal government's funding relationship processes (e.g. funding agreements, program delivery requirements, Provincial / Territorial program guidelines) | ||
Knowledge of the Default Prevention and Management Policy | |||
Knowledge of Recipient Reporting Requirements | |||
Experience | |||
Experience as a Recipient-Appointed Advisor, Co-Manager, Expert Resource, or Third Party Manager | |||
Experience in project management | |||
Experience in people management (e.g. coaching, training, developing staff, providing leadership) | |||
Experience in developing and implementing human resources strategies | |||
Experience in dispute resolution | |||
Experience in negotiating agreements with creditors | |||
Areas of Expertise | |||
Governance | Experience in managing funding to ensure delivery of services | ||
Ability to demonstrate accountability to the community served | |||
Planning | Ability to establish, communicate and support planning | ||
Financial Management | Ability to manage financial resources | ||
Ability to analyze and develop financial policies and procedures | |||
Ability to establish and monitor internal controls | |||
Program Management | Ability to provide program / service delivery to a community | ||
Education | Ability to provide safe and productive learning environments for students. | ||
Social Development | Knowledge of community health and well being | ||
Experience as a coordinator for cross-sector and/or inter-departmental initiatives affecting FNs and/or Inuit organizations | |||
Capital Infrastructure Management (Schools, Water and Waste-Water Facilities) | Experience in project management | ||
Ability to manage costs | |||
Ability to maintain a working relationship with the community, relevant government officials | |||
Housing | Knowledge of housing laws | ||
Water and Professionals | Ability to maintain a working relationship with government officials in the field |
2) Reference checks results
3) The recipient has submitted a signed "Conflict of Interest Declaration for RAA" form to the Department.
Annex B
"PROTECTED B ONCE COMPLETED"
Conflict of Interest Declaration for Recipient-Appointed Advisor
Recipient Name: ______________________________
Recipient-Appointed Advisor: ___________________
As a Recipient-Appointed Advisor working in collaboration with Aboriginal Affairs and Northern Development Canada (AANDC) and ‹RECIPIENT NAME›, I commit to applying and upholding fundamental principles and rules of ethical conduct.
In doing so, I represent and warrant to:
- Provide Chief and Council and AANDC information concerning potential conflicts of interest and bias that could impede my judgment and independence.
- Adhere to the principles that are relevant to my profession and its governing body's code of ethics, if applicable.
- Adhere to the Rules of Conduct expected from an independent Recipient-Appointed Advisor.
[ ] There are no circumstances that may impede my independence and/or objectivity during this assignment.
[ ] There are circumstances that may impede my independence and/or objectivity during this assignment.
I hereby disclose the following real, apparent and potential conflicts of interest:
(please provide details)
Printed Name: _______________________
Signature: __________________________
Date: ___________