Contributions to support First Nations elementary and secondary educational advancement

Amended December 7, 2022

Table of contents

  1. Introduction
  2. Legal and policy authority
  3. Purpose, program objectives and expected results
  4. Eligibility
  5. Eligible expenditures
  6. Total Canadian government funding and stacking limits
  7. Method for determining the amount of funding
  8. Maximum amount payable
  9. Basis on which payments will be made
  10. Monitoring and accountability
  11. Due diligence and reporting requirements
  12. Official languages
  13. Intellectual property
  14. Repayable contributions
  15. Further distribution of funds
  16. Other terms and conditions

1. Introduction

1.1 Context

Every First Nation student deserves the best start in life and the Government of Canada is committed to working in partnership with First Nations, on a Nation to Nation basis, to support them to deliver quality, culturally and linguistically appropriate education system.

Respecting the principle of First Nations control of First Nations education, First Nations and First Nations mandated organizations are responsible for managing their education system and delivering the education program for students in First Nations communities.

The Government of Canada supports First Nations elementary and secondary education by providing funding for all eligible students ordinarily living on reserve that is based on the respective provincial funding model with additional investments that meet the specific needs of First Nations communities, schools and students. This includes support for complementary, culturally-appropriate early childhood education programming on reserve, which can help create a foundation for lifelong learning, increase school readiness and help improve education outcomes.

Changes to the education program suite includes reducing the reliance on proposal-based programs towards a new formulaic approach to funding, that allows First Nations more flexibility within the education budget to address their specific education needs.

The Government of Canada also supports First Nations elementary and secondary education by working in partnership with First Nations to develop regional education agreements that support each First Nations' vision of First Nations control of First Nations education systems. Systems through which education services are provided can take different forms.

The Government of Canada and First Nations partners recognize that there is no one-size-fits-all system for First Nations elementary and secondary education. Although provision of educational services is generally administered at 3 different levels in provincial settings, these general levels can be adjusted based on how First Nations design their education system and deliver services for their students.

The following is a general outline of the 3 levels of services provided in provincial settings. It is understood that this outline simply provides a general idea of what can be included in an education system and is not to be construed as prescriptive requirements:

  • Third-level services: functions typically undertaken by provincial ministries of education in Canada. This includes, but is not limited to services such as:
    • policy, advocacy and research
    • developing curricula and programs
    • setting requirements for student secondary graduation certification accreditation and certification
    • developing policies and guidelines to support students, schools, communities and First Nations organizations
  • Second-level services: functions typically undertaken by provincial school boards. This includes, but is not limited to:
    • educational, professional, administrative and technical services that may include support to communities, education staff and students by undertaking services such as human resources
    • rehabilitation services, communication, special education, education specialists
    • professional development for teachers
    • capacity development
    • networking and technical support
  • First Nations-level direct services: functions typically undertaken at the individual school level and are under the responsibility of First Nations include, but is not limited to education leaders and staff. These services can include:
    • implementation of education programs
    • student records
    • admission
    • placement
    • supervision
    • discipline
    • ensuring a healthy and safe learning environment

The following terms and conditions provide the framework under which grants and contributions can be administered to support elementary and secondary education for First Nations communities, schools and students. Under the direction of First Nations, they provide the flexibility to respond to First Nations identified priorities and needs.

1.2 Scope of programming

Indigenous Services Canada's (ISC) elementary and secondary program is as follows:

Scope of the core elementary and secondary education

Through the Grants and Contributions to support First Nation Elementary and Secondary Educational Advancement, ISC will provide formula-driven funding to eligible recipients, including First Nations and First Nations mandated organizations, to support multi-level quality education programming and services based on the respective provincial funding model with investments that support the specific needs of eligible students ordinarily residents on reserve. Functions typically undertaken by provincial ministries of education in Canada, generally known as third-level services, may be funded under the provisions of the regional education agreement.

Scope of supplementary targeted programs

Through the Grants and contributions to support First Nations elementary and secondary educational advancement, ISC will provide supplementary targeted funding including:

  • High-Cost Special Education Program: regional allocation of funding to provide additional support needs-based specialized education services for students ordinarily living on reserve
  • Education Partnerships Program: supports the development of organizational capacity, expertise and readiness to undertake education reforms; the development of new approaches to education governance, service and delivery agreements, the establishment and advancement of partnerships with provinces and territories, school boards, school board-like entities, other First Nations and First Nations organizations and the establishment of regional education agreements
  • Innovation in Education Program: allocation of funding to support innovative programs and projects, which aim to improve outcomes for communities, schools and students, defined through a regionally-based process with First Nations. These projects are ultimately meant to lead to the development and implementation of best practices in innovative education for First Nations students
  • Research and Learning Program: allocation of funding to support research activities, partnerships and the dissemination of best practices that will improve the quality of education for First Nations students, including support for linguistic and culturally-relevant learning, defined through a regionally-based process with First Nations

1.3 Spending authorities used under these terms and conditions

ISC's suite of core elementary and secondary and supplementary targeted programs is funded through 2 spending authorities:

  • Grants to support First Nations elementary and secondary educational advancement
  • Contributions to support First Nations elementary and secondary educational advancement

2. Legal and policy authority

Department of Indigenous Services Act, S.C. 2019, c. 29, s. 336

United Nations Declaration on the Rights of Indigenous Peoples, 2007

Section 35, Constitution Act, 1982

91(24), Constitution Act, 1867

United Nations Convention on the Rights of the Child, 1992

Indian Control of Indian Education, 1972

Joint Working Committee approval of Early Childhood Education joint task team recommendations, March 28, 2018

Truth and Reconciliation Commission of Canada: Calls to Action, 2015

10 Principles Respecting the Government of Canada's Relationship with Indigenous People, 2017

Aboriginal and Treaty Rights

Convention on the Rights of Person with Disabilities, 2006

3. Purpose, program objectives and expected results

The purpose of the Grants and contributions to support First Nations elementary and secondary educational advancement is to provide funding supporting First Nations control of First Nations Education and the delivery of kindergarten to grade 12 educational services for all eligible students ordinarily living on reserve.

The program objective is to provide predictable and flexible funding based on the respective provincial funding model with adaptations for funded First Nations students to receive a quality, linguistically and culturally relevant education that support their needs. It also aims to support models for First Nations to have control of First Nations education through regional education models with an ultimate goal to improve educational outcomes for First Nations students.

These desired outcomes are aligned with the United Nations Declaration on the Rights of Indigenous Peoples and the Calls to Action of the Truth and Reconciliation Commission of Canada.

4. Eligibility

4.1 General

The terms and conditions will apply to First Nations schools also established in Yukon or Northwest Territories.

4.2 Eligible recipients

Eligible recipients for contributions

Eligible funding recipients, for core and targeted programs, to support First Nations elementary and secondary educational advancement are:

  • First Nations and First Nations entity
  • First Nations-mandated organizations designated by First Nations as service providers, including not-for-profit organizations, for-profit organizations, private education institutions and organizations designated to deliver childhood education programming to eligible students ordinarily living on reserve
  • provincial ministries of education
  • provincial school board or school board-like entity
  • federal schools
  • national First Nations representative organizations
  • funding agreement managers and recipient appointed advisors in accordance with ISC Default Prevention and Management Policy
  • not-for-profit and for-profit organizations
  • First Nations schools established in Yukon or Northwest Territories

For-profit organizations, such as academic institutions, may be eligible for funding provided that the nature and intent of the activity is non-commercial, not intended to generate profit, supports program priorities and objectives and will be made publicly available at no cost.

4.3 Eligible activities

Eligible activities for core elementary and secondary education

  • Instructional services that provide quality and culturally or linguistically-based education programs that include costs associated with, but is not limited to:
    • operations and maintenance or rental of elementary and secondary school facilities or other facilities hosting early learning programs to eligible students ordinarily resident on reserve, such as Aboriginal Head Start On Reserve
    • transportation of eligible students
    • administration of instructional activities
    • school board or school board-like entity
    • salaries and employee benefits
  • Services that support the provision of services to students that includes cost associated with, but is not limited to:
    • attending school away from their home communities
    • seasonal or special transportation
    • specialized educations
    • school liaison, professional guidance and counselling services
    • ancillary
    • financial assistance allowance
    • comprehensive instructional services
  • Multi-level education support services that include cost associated with, but are not limited to:
    • policy and advocacy
    • capacity building
    • program and curricula development
    • administration, management, coordination and delivery of programs and services
    • professional services development and support
    • schools evaluation services and support
    • regional education organization infrastructure
    • research for schools
    • virtual education
  • Any other activities that meet the specific needs of First Nations students as agreed to in regional education agreements, where they exist

Activities related to early childhood education and intervention strategies designed and delivered by First Nations that support the learning and developmental needs of First Nations children living on reserve may also be eligible as the Government of Canada is developing a long-term vision where all children across Canada can experience the enriching environment of quality early learning and child care.

Eligible activities for supplementary targeted programs

Eligible activities for High-Cost Special Education Program (HCSEP)
  • Additional activities that support the identification of students with high-cost education needs. Preparing enhanced individual education plans or learning plans for identified students
  • Implementing the services required by the students
Eligible activities for Education Partnerships Program

The Education Partnerships Program (EPP) supports 3 components:

  • Education Partnerships which has 2 streams:
    • Partnership Establishment
    • Partnership Advancement
  • Structural Readiness
  • Technical Table and Regional Education Agreement Development

The activities support:

  • the development of organizational capacity, expertise and readiness to undertake education reforms
  • the development of new approaches to education governance, service and delivery agreements
  • the establishment and advancement of partnerships with provinces and territories, school boards, school board-like entities, other First Nations and First Nations organizations
  • the establishment of regional education agreements and regional technical tables to review and discuss the refinement and implementation of the region's provincially comparable interim funding formula allocations and to identify and undertake technical costing and data analysis of education-related funding needs not met by the interim funding formula allocations

The type and nature of eligible activities for each of these categories is as follows:

  1.  
    1. Partnership establishment: the development of organizational capacity, expertise and readiness to establish education-related partnerships with, but not limited to, provinces and territories, school boards, school board-type entities, other First Nations and First Nations organizations, to jointly support student and community education-related priorities and needs not covered by the interim funding formula. This component is a precursor to partnership advancement.

      Supports costs associated with a First Nation or First Nations organization's participation in the exploration such as consultations, meetings and any associated travel costs and development of a formal partnership such as a memorandum of understanding, a letter of understanding or a letter of agreement.
    2. Partnership advancement: the implementation of established partnerships' joint action plans that outline activities that address student and community education-related priorities and needs not covered by the interim funding formula.

      Supports costs associated with the implementation of a joint action plan established as part of a formalized partnership.
  2. Structural readiness: the development and ongoing support for education governance structures such as school boards and school board-type entities, education service and delivery agreements.

    Supports costs associated with the capacity development of First Nations, First Nations entities or designated First Nations organizations to deliver education services and to develop service delivery agreements that promote transformative reform to ensure the education system is responsive to First Nations communities needs and student outcomes.
  3. Technical table and Regional Education Agreement development: ongoing refinement and implementation of the interim funding formulas and development of regional education agreements.

    Supports costs to establish regional technical tables to refine and implement the interim funding formula and to develop regional education agreements that establish education systems designed to address specific regional education needs and priorities. For the purposes of this component and its related activities, First Nations determine what constitutes a region. This can include a territory defined as a single First Nation, tribal council, treaty affiliation, language family or an entire province.
Eligible activities for Innovation in Education Program

Activities that support the development and implementation of innovative program pilots, costs associated with salaries, engagement, honoraria, and professional fees for eligible recipients and administration costs.

Eligible activities for Research and Learning Program

Activities that support partnerships between researchers and educators that expand the evidence base on best practices in First Nations education that are of current or potential benefit to First Nation students and improve their education outcomes.

5. Eligible expenditures

Eligible expenditures for contribution funding

Eligible expenditures must be directly related to and necessary for the eligible activities and may include the following

  • salaries and benefits
  • instructional and student support services
  • education program and delivery support services
  • school operating and maintenance costs
  • transportation and travel costs
  • professional fees
  • reasonable expenditures associated with eligible activities of supplementary targeted programs
  • other costs necessary to complete the eligible activities to achieve the intended results of the funding provided approved in writing by the minister

6. Total Canadian government funding and stacking limits

Recipient shall declare any and all prospective sources of funding for the program or project, inclusive of all federal, provincial, territorial or municipal governments, total government assistance and other sources that are expected to be received. Annual financial reporting shall show all sources of funding received. Provision for repayment of any amount considered by ISC as duplication of the funding from the other government source will be included in the funding agreements. Maximum funding by ISC and total maximum total government assistance is 100% of eligible expenditures for eligible programs and projects.

7. Method for determining the amount of funding

Contribution funding

The method for determining the amount of funding for elementary and secondary education programs will be based on the respective provincially comparable formulas with adaptations that support the specific needs of First Nations, students, schools and communities, including those agreed upon in regional education agreement where they exist and with additional funding for supplementary targeted programs.

For functions typically undertaken by provincial ministries of education in Canada, generally known as third-level services, funding will be provided under the provisions of the regional education agreement.

Core elementary and secondary education funding

For instructional and students support services, generally known as first-level and second-level services, the criteria for determining the recipient and amount of core elementary and secondary education funding are as follows:

  • Nominal roll is the registry of all eligible elementary and secondary students funded to attend a First Nation, federal, provincial, private or independent school
  • Recipient must demonstrate the eligibility of a student to be included on the nominal roll before being eligible for funding. To be eligible for the nominal roll, a student must be:
    • aged 4 and above on December 31 of the school year in which funding support is required
    • enrolled and attending a First Nation, federal, provincial, private or independent school recognized by the province in which the school is located as an elementary or secondary institution, an E-learning institution, alternative or outreach schools, Aboriginal Head Start On Reserve facilities or an early learning program hosted in an early learning centre
    • ordinarily resident on reserve

A student who is ordinarily resident on reserve lands that are leased is not eligible for funding unless that student is registered as First Nation.

Ordinarily resident on reserve means that the student usually lives at a civic address on reserve, is a student in joint custody who lives on reserve most of the time, or is staying on reserve and has no usual home elsewhere. Students continue to be considered ordinarily resident on reserve if they return to live on reserve during the year, even if the students live elsewhere while attending school or working at a summer job. In this context, reserves are deemed to include all land set aside by the federal government for the use and occupancy of a First Nations band, along with all other Crown lands which are recognized by ISC as settlement lands of the First Nation of which the student is a resident.

For First Nations service providers delivering student support services, funding allocations will be based on a proportion of the formula-based calculations required to ensure that existing services remain stable while First Nations work to negotiate a regional education agreement or other transformative models.

Supplementary targeted programs

For supplementary targeted programs funding, proposals or work plans must be submitted and will be screened for completeness, eligibility and reasonableness of proposed expenditures, as well as relevance against program objectives and expected results. Such assessments may be conducted by internal or external reviewers. Funding will be limited by the amount of available funds. For allocation of the Innovation in Education Program, the Research and Learning Program and the Education Partnerships Program, the funding will be based on a methodology co-developed with First Nations partners.

Detailed instructions on how to apply for these programs are contained in published program guidelines, including deadlines and program priorities.

At a minimum, proposals must:

  • establish eligibility as outlined in section 4
  • establish the relationship of proposed projects, initiatives or activities to supplementary targeted program objectives and priorities as outlined in these terms and conditions and published program guidelines
  • include a detailed implementation plan which comprises a description and costing of activities, project or initiatives
  • provide a payment schedule, including basis and timing of payment
  • outline steps to measure and evaluate performance of the proposed projects

At a minimum, proposals will be assessed using the following criteria:

  • capability: experience and capacity of the recipient and identified project leader, where applicable to manage the implementation of activities within their proposal successfully and complete the project or initiative in a timely manner
  • engagement and formal support: all proposals must have the support of First Nations communities or schools
  • implementation activities: extent to which the proposal aligns with eligible activities and meets program objectives. The assessment process will consider timelines, cost-effectiveness and the degree to which the activities will result in expected outcomes
  • project management: how the initiative or project will be managed, including project governance, management of project scope, human resources, risk management and project monitoring, control and reporting
  • project costs: demonstration of a realistic assessment of estimated total costs and a justification of the level of funding required

8. Maximum amount payable

Contribution funding

Core elementary and secondary education

The maximum amount payable to any 1 recipient per year will be determined by the funding calculation for core elementary and secondary education that will be based on nominal roll, provincial comparability and funding enhancements. The funding level will depend on the overall amount of funding available for elementary and secondary education.

Supplementary targeted programs

High-Cost Special Education Program

The maximum amount payable for the purposes of the supplementary allocation of High-Cost Special Education Program is $115 million. The maximum amount payable per student per year will not exceed $155,000 and will depend on availability of funding and on high-cost special education needs defined in each student individual education plan (IEP). An exception to this limit may be made depending on the severity of the student's exceptionality, according to methods prescribed by the province of residence and provincial standards for funding eligibility to meet the student needs.

Education Partnerships Program

The maximum annual amount payable per recipient is:

  • $15 million for partnerships
  • $25 million for structural readiness
  • $14 million for technical tables and regional education agreement development

Innovation in Education Program

The maximum annual amount payable per recipient is $6 million and will depend on the co-developed regionally-based allocation methodology process and on availability of funding in the overall Innovation in Education Program funding level.

Research and Learning Program

The maximum annual amount payable should generally not exceed $250,000 per project. An exception to this limit may be made based on the co-developed regionally-based allocation methodology and on availability of funding in the overall Research and Learning Program funding level.

9. Basis on which payments will be made

Contribution funding

Payments, including advances, will be made in accordance with the Treasury Board's Directive on transfer payments and will be based on program risk, recipient risk and departmental directives to accommodate cash requirements of the recipient.

Additional fixed, flexible or block contribution funding approaches for transfer payments to First Nations recipients will be used in accordance with departmental directive and program guidelines.

10. Monitoring and accountability

Funding recipients must deliver the programs in accordance with the provisions of their funding agreement and the program delivery requirements outlined in these terms and conditions, communicated through program guidelines, while also ensuring that the necessary management controls are in place to manage funding and monitor activities.

Funding recipients are required to exercise due diligence when approving expenditures and must ensure that such expenditures are in accordance with the eligible expenditures set out in these terms and conditions.

ISC will provide assistance to recipients in order for them to effectively carry out obligations under the relevant program guidelines and funding agreements. Regional offices and other departmental contacts are available to answer questions and provide guidance related to programs and funding. ISC will work with the respective First Nations in regions to develop the mutual accountabilities mechanisms through the establishment of regional education agreements.

To ensure that program outcomes and objectives are being met and opportunities for continuous improvement with a goal to improve results for Indigenous people are being identified, activities including audits, evaluations, as well as targeted program reviews, such as desk and on-site reviews may be conducted with funding recipients.

In the event of an inconsistency, the provisions related to monitoring and oversight in the regional education agreement will prevail.

11. Due diligence and reporting requirements

Contribution funding

At a minimum, contribution recipients are required to submit an annual financial report that account for the use of funding in accordance with the terms of the funding arrangement. The frequency of reporting will be based on the recipient risk and departmental directives.

In addition, to support a reduction in the reporting burden, performance measurement data will be collected annually using various methods and sources aligned with the performance measurement strategy co-developed with First Nations. Recipient performance reporting requirements will be set out in departmental recipient reporting documents and the frequency of reporting will be set out in each funding agreement.

12. Official languages

ISC will take into account the relevant official languages obligation and comply with all applicable official language requirements stipulated in the Official Languages Act and the related regulations, as well as any new or existing federal government legislation and policies in this regard.

13. Intellectual property

Where a grant or 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 for non-commercial activities and are not intended to generate profits or to increase the value of a business.

15. Further distribution of funds

Where a recipient delegates authority or further distributes contribution funding to an agency or a third party, such as an authority, board, committee or other entity authorized to act on behalf of the recipient, the recipient will remain liable to ISC for the performance of its obligations under the funding agreement. Neither the objectives of the programs and services nor the expectations of transparent, fair and equitable services can be compromised by any delegation or redistribution of contribution funding.

Recipients have full independence in the selection of such third parties and will not be acting as an agent of the government in making distributions.

16. Other terms and conditions

16.1 Terms and conditions effective date

These terms and conditions were amended on December 7, 2022.

16.2 Program guidelines

Each program holds a corresponding set of program guidelines co-developed with First Nations respecting these terms and conditions and the principle of First Nations control of First Nations education. Recipients must administer the elementary and secondary education programs in accordance with the program guidelines.

16.3 Regional education agreements

Regional education agreements will outline the First Nations education systems, such as a service map and roles and responsibilities of the participating First Nations, service providers and other partners and mutual accountability mechanisms including performance measurement data requirements.

In addition, provisions for federal funding will be outlined in each respective agreement for activities that meet the specific needs of First Nations students and will supersede the method for determining the amount of funding outlined in these terms and conditions. Furthermore, regional education agreements can reflect provisions for school and system level support that meet the specific regional needs which will supersede ISC national program guidelines.

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