Terms and Conditions: First Nations and Inuit Policing Facilities Program

1. Authorities for Transfer Payments

Pursuant to section 4 of the Department of Public Safety and Emergency Preparedness Act, S.C. 2005, c. 10:

1. the powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction — and that have not been assigned by law to another department, board or agency of the Government of Canada — relating to public safety and emergency preparedness; and
2. the Minister is responsible for exercising leadership at the national level relating to public safety and emergency preparedness.

Section 6(1) (c) of the Department of Public Safety and Emergency Preparedness Act, S.C. 2005, c. 10, provides that the Minister of Public Safety and Emergency Preparedness may, in exercising his or her powers and in performing his or her duties and functions and with due regard to the powers conferred on the provinces and territories, make grants or contributions.

2. Purpose and Objectives

The purpose of the program is to promote the safety and security of all Canadians.

The objective of this program is to improve the safety and well-being of the occupants of First Nations and Inuit police facilities by financial assistance to plan, repair, construct and/or acquire new police facilities.

3. Expected Results and Key Performance Indicators

These Terms and Conditions are aligned with the Departmental Core Responsibility of Community Safety and the Indigenous Policing Program, supporting the departmental Strategic Outcome of a Safe and Resilient Canada. This Program is central to achieving the result whereby First Nation and Inuit communities are expected to have access to professional, dedicated and responsive police services. Ensuring that communities have safe and healthy police facilities contributes to this result. The following are the key expected results and performance indicators:

Strategic framework to inform First Nation and Inuit policing infrastructure is developed:

• Percentage of First Nations Policing Program police facilities that have been professionally assessed.

Funded First Nation and Inuit policing infrastructure projects address the highest risks to human life:

• Percentage of funded projects targeting high risk facilities.

Funded facilities support First Nation and Inuit Police service delivery:

• Percentage of police service providers that identify that their police facility is safe and contributing to a healthy workplace.

4. Eligible Recipients

Contributions may be provided to the following classes of eligible recipients in support of the objectives of these Terms and Conditions, only if they have the legal capacity to enter into an agreement, and only if they own or will own the policing facility (it is not required that they also own the land where facility is build):

1. A regional or local government, including:
   1. A "council of the band" within the meaning of subsection 2(1) of the Indian Act, R.S.C. 1985, c.I-5; and
   2. A government of a First Nation or Inuit community established by an act of Parliament or a legislature;
2. A First Nation or Inuit police service or police governing authority (also known as a board, a police board, a designated board, or a police commission)
3. First Nation or Inuit owner of police facility located in a First Nation or Inuit community renting a facility to the Royal Canadian Mounted Police (RCMP), when the RCMP is providing policing to the First Nation or Inuit community pursuant a Community Tripartite Agreement (CTA) made pursuant the First Nation Policing Program if the First Nation or Inuit community has under the CTA an obligation to provide to the RCMP a police facility.

The RCMP and Federal Crown corporations are not eligible for funding under the Funding for First Nation and Inuit Policing Facilities Program.

5. Further Distribution of Contributions

Where a recipient further distributes contribution funding to a third party (such as an authority, board, committee, or other entity authorized to act on behalf of the recipient), the recipient shall remain liable to the department 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 shall 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. Public Safety Canada (PS) officials will not review or provide advice relating to the selection process, and nor shall they participate in committees which would be responsible to review and select third parties.

6. Eligible Activities

Contribution agreements may be bilateral between the Government of Canada and a First Nation or Inuit community. Contribution agreements may also be tripartite (or multipartite, where more than one provincial or territorial government is involved and/or more than one community is involved and/or a municipality), and involves the Government of Canada, a provincial or territorial government (or governments), and a First Nation or Inuit community (or communities), for the planning, design, identification and acquisition of necessary estate, right or interest in a land or a building (including but not limited to any rights or interest pursuant a land code adopted by a First Nation under the First Nations Land Management Act, a First Nation Laws adopted under the authority of a modern treaty, or rights, authorization or permit to occupy or use a reserve land required by the Indian Act), construction, conversion, renovation, expansion, repair, or replacement of a police facility in a First Nation or Inuit community.

A contribution agreement can be entered into when the Government of Canada wishes to provide a financial contribution for the construction, repair, replacement, acquisition, installation of and plans for a police facility in a First Nation or Inuit community.

7. Stacking Limit

When reviewing a request for contribution funding, departmental program officials will ensure that financial contributions made pursuant these Terms and Conditions will not cover eligible expenditures already covered through another source of funding. When applying for funding, potential recipients will be required to indicate how much, if any, Canadian government funds a project is expected to receive.

Total Government Assistance (federal, provincial, territorial, and municipal assistance for the same eligible expenditures) shall not exceed 100% of the supported eligible expenditures.

In the event that the actual Total Government Assistance to a recipient exceeds the stacking limit, the program officer will adjust the level of contribution (and seek reimbursement, if necessary) so that the stacking limit is not exceeded.

Eligible recipients can contribute to a police facility project above and beyond the contribution of Canada and or the province/territorial government.

8. Nature and Type of Expenditures

8.1 Eligible Expenditures

The following categories of expenditures are considered eligible and incremental costs for the implementation of approved eligible activities as described in Section of approved eligible activities as described in Section 6:

• the costs of acquiring, constructing or renovating a police facility, including costs of any estate, right or interest in a building required for the police facility;
• the fees paid to qualified professionals, technical personnel, consultants and contractors specifically hired to undertake the surveying, design, engineering, manufacturing, construction or the supervision of the construction of a police facility and related facilities and structures;
• the costs of environmental assessments, monitoring, and follow-up activities when required for the project by the Canadian Environmental Assessment Act;
• Salaries and benefits; which includes the incremental salaries associated with Owner-Builder self-managed works request, when approved in advance.
• Insurance;
• Legal or notary fees, registration and land registration fees, excluding legal fees related to a dispute or resulting from a settlement, arbitration award, or court order;
• Project office expenses;
• Acquisition, replacement and repair of furniture, equipment and furnishing for police facilities (e.g., desks, chairs, office equipment including computer hardware and software); and
• Other costs that are considered to be direct and necessary for the successful implementation of the project and that have been approved in advance, and in writing.

8.2 Non-eligible Expenditures

• Goods and services that, in the opinion of the Government of Canada, are normally provided by the First Nation community or by the federal, provincial, territorial or local municipal government.
• salaries and other employment benefits of any employees of First Nation or Inuit governments not directly assigned to the project and approved in advance;
• taxes for which the recipient is eligible for a tax rebate and all other costs eligible for rebates;
• legal and other expert fees and expenses related to a dispute or resulting from a settlement, arbitration award, or court order;
• legal costs related to the negotiation of the agreement and any dispute related to the agreement or the funding received under the agreement; ongoing expenses related to the operation and maintenance of police infrastructure, including the cost of utilities (electricity, gas, etc.) once the Police Force has taken possession of the police infrastructure;
• rents; and
• mortgage and other loans reimbursement payments.

8.3 Maximum Contribution

The maximum contribution is the amount necessary for the recipient to ensure that the project will proceed within the time, scope and location and will not exceed $32 million per project (federal share).

Financial contributions are attributed based on the Government of Canada providing up to 52% of eligible expenditures within the agreement and the provincial or territorial government (and/or the First Nations or Inuit Communities) providing the difference.

8.4 Method to Determine the Amount of the Contribution

Contribution amounts for policing facility projects are based on actual project costs and are determined on the basis of proposals submitted by recipients.

8.5 Basis of Payments

Payments will be made based on a reimbursement of eligible expenditures. Advance payments will be provided based on a recipient's cash flow requirements and a risk assessment.

8.6 Flexible Contribution Funding

The Government of Canada will consider utilizing a flexible contribution funding approach where a recipient has demonstrated the capacity to manage transfer payments. A flexible contribution approach can be used for First Nation and Inuit recipients when they have demonstrated capacity to effectively manage transfer payments.

This approach enables the recipient to redirect funding among the cost categories established in the funding agreement. It also allows the recipient, in a multi-year funding agreement, to carry over unexpended funding remaining at the end of each fiscal year for use in the next fiscal year to further achieve results toward the funding objectives. A request or notification letter must be made in writing by the recipient, prior to the end of the fiscal year, to carry over unexpended funding to the next fiscal year. Before approval by the Government of Canada of such a request, the funding manager will consider the recipient's:

• governance structure;
• organization for purposes of funding and activities management, financial and administrative experience, and capacity to deliver activities;
• management processes, procedures and controls;
• accountability mechanisms for transparency, disclosure, responsibility and redress; and
• financial situation.

All unspent contributions at the termination or expiry of a contribution agreement will constitute a debt due to Canada and will need to be reimbursed to Canada.

8.7 Reporting

Project expenditures should support Canadian industry by sourcing Canadian goods, services and suppliers, where possible. As part of their project reporting, recipients will be required to report on project expenditures related to Canadian goods, services and suppliers.

The Department will ask recipients, the frequency of which will be in accordance to the Project Level Risk Management Directive, to submit copies of any plans, reports or other products produced in the course of the project, and to provide a progress report (including a cashflow document) on the previous year's accomplishments, audited (if appropriate) financial statements, and current and/or future years' budgets. The recipient may also be required to provide additional supporting documentation (e.g., permits, certifications, assessments, reports, receipts, purchase orders, materials or products produced).

The recipient should also have a plan for monitoring, regular reporting and dissemination of the final results of the project.

To assist in determining the effectiveness of the contribution relative to the Department's objectives, the project manager will review and document the overall activities of the applicant during the previous year, and file relevant copies of appropriate documentation.

9. Application for Funding and Assessment Criteria

9.1 Application for Funding

When submitting a request for funding, applicants will provide the following information to support their proposal:

• confirmation from the relevant provincial or territorial government, from the relevant First Nation or Inuit government, and from police services providers that they supports the request, when they are not themselves the applicant.
• a well-defined scope of work, schedule and budget formally approved by the eligible recipient listed in section 4(a) (through a band council resolution, for instance);
• a qualified project manager acceptable to the applicable government or authority listed in section 4(a) will be appointed by the applicant to manage the implementation of the project;
• a feasibility study will be carried out in advance of construction of the project commencing when deemed necessary by the applicable government or authority listed in section 4(a);
• confirmation that the project will be designed to meet all the applicable federal, provincial and territorial, and when a First Nations or an Inuit government has exercised its jurisdiction under a modern treaty implementation act or the First Nation Land Management Act, local codes and standards for the design, construction and operation of similar physical assets;
• the approval and certification of a professional engineer or architect licensed to practice as such in the province/territory where the facility is to be constructed when the cost of the project exceeds $50,000;
• confirmation that the project will be inspected and certified for compliance with applicable regulatory requirements by qualified inspectors at the various stages;
• confirmation that the applicable government or authority listed in section 4(a)has a policy on the use of the competitive tendering process to ensure best value, prudence, probity and sound contract management; and,
• a detailed budgetary plan to address the ability to financially support the continued maintenance and repair of the facility.

9.2 Assessment Criteria

Once an application for funding is submitted, PS will review and assess it based on the following criteria:

• the highest priority will be assigned to those police service facilities which will mitigate the most urgent health and safety, fire or policing standard risks;
• the highest priority will be assigned to policing services funded under the First Nations Policing Program who have demonstrated a high contribution agreement compliance;
• demonstration of the ability to financially support the continued maintenance and repair of the facility;
• demonstration of the ability to manage the project.

10. Intellectual Property

For all types of contribution agreements, and where applicable, in instances where intellectual property is produced as a result of a contribution agreement, the recipient will retain copyright of that intellectual property. In instances where the Government of Canada wishes to use the intellectual property produced by the recipient, specific provisions may be included in a contribution agreement or a distinct licence obtained.

11. Official Languages

PS will work with individuals, communities and organizations in their preferred official languages. All information published or made available as it relates to the grants and contributions program will be made available and posted on PS website in both official languages. The program's overall objectives are to be implemented within the broader context of the linguistic duality of Canada by supporting projects that will service official language minority communities while being mindful of gender and diversity issues.

In their proposals, individuals, communities and organizations will be required to demonstrate the ways by which their proposed project will respond to the needs of the official language minority communities and what the impact of their project may have on these communities.

Funding Agreements will include provisions to ensure that recipients comply with any official languages undertaking identified in their proposal.

PS is committed to the obligations of the Government of Canada as set out in Part VII of the Official Languages Act and to ensure that the access to and the benefit of this program available in both official languages in compliance with the Official Languages Act.

Date modified:

2026-05-29