The following interim guidelines apply to First Nations communities and organizations to support their languages initiatives/workplans under Sections 8 and 9 of the Indigenous Languages Act (Act).

On this page

• Introduction
• Principles for Sections 8 and 9 Agreements
• Objectives and expected results for the Sections 8 and 9 Agreements
  • Objectives
  • Expected results
• Eligibility
  • Eligible recipients
  • Eligibility criteria
• Eligible work plan activities
  • Examples of eligible work plan activities
• Eligible expenditures
• Ineligible Expenditures
• Limits of government assistance
• Application and assessment process
  • How to apply
  • Application process
• How applications are evaluated
• Evaluation criteria
• Application deadline to the Department of Canadian Heritage
• Application processing time
• Funding decisions
• Funding recipients
• How funding is provided
• Funding conditions
• Managing conflict of interest
• Workplace well-being
• Public health guidance
• Other requirements
• Acknowledgement of financial assistance
• Access to information requests
• Disclosure of information
• Audits of recipients and evaluation of Agreements pursuant Sections 8 and 9 of the Act
• Contact us
• Glossary

Introduction

The Government of Canada committed to the implementation of Sections 8 and 9 Agreements with the passing of the Indigenous Languages Act. First Nations can enter into an agreement with the Department of Canadian Heritage, along with other federal departments, and with provinces or territories, if First Nations so choose.

Budget 2021 provided, for the first time since the passing of the Act, time-limited funding for these language agreements. Sections 8 and 9 agreements are a means by which First Nations may negotiate revitalization programming and funding with multiple parties.

Principles for Sections 8 and 9 Agreements

1. Distinction-based, Indigenous control: Ensuring Indigenous partners are party to all Sections 8 and 9 Agreements and negotiating with Indigenous organizations in good faith. For example, Indigenous partners are best placed to define their own language objectives and how best to achieve them, as well as how to measure results and communicate them broadly.
2. Supporting planning, readiness and capacity: Supporting Indigenous partners to develop research-based, long-term strategic language plans supported at the community level and to build capacity to deliver.
3. Complementarity of services: Agreements can complement existing language revitalization services without being duplicative.
4. Limitations on funding and duration: the funding announced in Budget 2021 was limited to $86.8 million over three years but has since been reprofiled for expenditures over four years, ending in 2024-2025.
5. Responsiveness to MMIWG Calls for Justice and TRC Calls to Action, in particular Calls for Justice 2.2 and 7.5 and Calls to Action 13 and 14
6. Alignment with the United Nations Declaration on the Rights of Indigenous Peoples Act and the American Declaration on the Rights of Indigenous Peoples.

Objectives and expected results for the Sections 8 and 9 Agreements

Objectives

The objectives of the time-limited Section 8 and 9 funding are to:

• Support First Nations efforts in addressing the priorities they have identified to reclaim, revitalize, maintain and strengthen First Nations languages;
• Support First Nations-governed initiatives in collaboration with federal departments and agencies, and other First Nations, provincial or territorial governments as desired and appropriate (this may include purposes such as providing First Nation language programs and services in relation to education, health and the administration of justice, or furthering the purposes of the Indigenous Languages Act).

Expected results

Sections 8 and 9 funding Agreements under the Act will ensure:

• Partnerships with governments, non-government organizations and the private sector are supported by encouraging cooperation and innovative ways of working across regions, Treaty areas, provincial/territorial borders, and federal and provincial program areas.
• Economies of scale where possible are supported by facilitating the establishment of networks and resource-sharing to support systemic language needs and ensure as many people as possible are able to benefit from First Nations language revitalization efforts.
• Complementary services, such as services which fill gaps that enable First Nations communities to implement their language plans and strategies are supported.
• Innovations in First Nations languages revitalization work are supported.

Eligibility

Eligible recipients

To be eligible for funding, you must be a First Nations organization within Canada. “First Nations organization”, refers to an organization that is owned and controlled by First Nations persons, including a First Nations-owned corporation or a First Nations controlled non-profit organization, that directly delivers language revitalization services or that otherwise supports the delivery of language revitalization services.

Eligible recipients may also include any:

• First Nations government and equivalent organization, and its delegated authorities;
• First Nations institution including accredited programs;
• First Nations not-for-profit organization
• First Nations for profit organization, provided that the workplan activities for which you are requesting funding will not result in income generation for your sole benefit;
• First Nations ad hoc group that has formed to do a specific work plan.

Eligibility criteria

Eligible First Nations organizations recipients for the management and administration of Sections 8 and 9 agreements must meet the following criteria:

• Have demonstrated long-term support from participating First Nations communities or organizations such as resolutions, letters, or emails of support from First Nation communities, and/or organizations in the region,
• Undertake, as a key function of their organization, support for First Nations languages' programs and initiatives for First Nations and First Nations organizations,
• Have experience related to the delivery of regional, provincial and/or other federal programming as the First Nations organization.

Eligible work plan activities

First Nations are best placed to define their own language objectives and to determine how best to achieve them but to be eligible for funding under the Sections 8 and 9 of the Act, your planned activities must be within the parameters of the principles noted above. Examples of eligible activities that may be useful to guide First Nations in their work plan could include:

• First Nations- governed language partnerships and collaboration with federal government as well as with other First Nations and organizations and may include provincial, territorial governments; non-government organizations; and the private sector, including by working across regions, Treaty areas, provincial/territorial borders, and federal and provincial program areas, with the consent of First Nations in regions affected.
• Establishment of networks and resource-sharing to support systemic language needs and ensure as many people as possible are able to benefit from First Nations language revitalization efforts.
• Complementary services that fill gaps that which will enable First Nations to implement their language plans and strategies.
• Innovations efforts in First Nations languages reclamation, revitalization, maintenance and strengthening.

Examples of eligible work plan activities

• Tripartite agreements between First Nations organizations and First Nations governments or governing bodies with Canadian Heritage, or other federal departments and agencies, as well as provincial/territorial governments to coordinate funding and efforts to revitalize First Nations languages, if First Nations so choose.
• Service provision by First Nation government or organization in a First Nation language or by a federal, provincial, territorial government where supported and initiated by First Nations.
• Broad-based capacity-building initiatives or programming that supports First Nations language revitalization, strategic language plans, proposal or business plans or language advocacy plans across a number of communities.
• Agreements to develop and certify fluency levels of adult speakers within 1 to 3-year programs across multiple First Nation communities and across languages spoken in these communities.
• Testing and development of new technologies to support First Nation languages, such as language documentation, online learning, the development of language learning software, developing, and updating dictionaries, natural language processing; audio and video books, verb conjugators.
• Partnering with other organizations to develop resources and materials for use in community-based efforts across a region.

These guidelines set out the delivery requirements for funding recipients that enter into a funding agreement with The Department of Canadian Heritage for the delivery of the First Nations Language Program or services.

These guidelines are effective as of November 1, 2022, and have been developed in partnership with the Assembly of First Nations, and its Technical Committee on Languages.

Eligible expenditures

Eligible expenditures for activities related to the objectives of the Sections 8 and 9 Agreements may include:

• start-up costs for First Nations organizations whose mandate is to support the reclamation, revitalization, maintenance and strengthening of their languages
• salaries and employee benefits
• in exceptional circumstances, stipends, allowances or honoraria for attendance or participation in a course or activity
• professional, consulting and Elder fees
• professional development and training programs
• travel expenses, which must not exceed the rates permitted as per travel on government business
• meetings
• rent and utilities related to the activities
• translation and communications
• equipment rental, service and purchase
• costs associated with information technology, including purchase and upgrade o hardware and software
• minor renovation, in the context of promotional languages activities
• activities, supplies and resource materials related to the activities
• photocopying and printing related to the activities
• general liability insurances
• administrative costs, such as: bookkeeping services, office supplies, telephone, fax, utilities, postage and courier fees, printing, rent for office space, audit and legal. Administrative costs cannot exceed 15% of the total approved funding.

Eligible expenses must be incurred between April 1, 2023, and March 31, 2025.

Ineligible Expenditures

Ineligible expenditures are:

• capital construction and major (high cost) renovation
• salaries and honoraria for Board of members in the delivery of regular operations
• start-up and operational costs for commercial enterprises, and support for the development of cultural and professional industries
• contingency and miscellaneous fees
• deficit recovery.

Limits of government assistance

The total financial assistance received from the Sections 8 and 9 funding agreement and other levels of government (federal, provincial, territorial, and municipal) cannot exceed 100% of the total eligible work plan-related costs.

Canadian Heritage can fund up to 100% of eligible expenses.

Approved applications of $150,000 and under may be funded through a grant agreement.

Approved applications over $150,000 will be funded through a contribution agreement

Applicants can submit only one application per applicant to the Sections 8 and 9 Agreements per fiscal year.

Application and assessment process

How to apply

Read these Application Guidelines in their entirety before completing your application. The work plan should only be submitted, by an applicant once.

Please contact us to receive your application package.

Applicants must meet all eligibility requirements and submit a complete application package to be considered for funding. A complete application package includes the following:

• Supporting documents required in the Application Checklist (Annex A)
• General Application Form (Annex B)
• Work plan (Annex C)
• Further distribution of Sections 8 and 9 Agreements funding, if applicable (Annex D)
• Budget (Annex E) for all fiscal years of the application
• Letters of support (such as resolutions, letters, or emails demonstrating your long-term support or consent from participating First Nations communities or organizations in the region(s))

Application process

Only application packages submitted electronically will be considered for assessment.

• Annex B needs to be completed.
• Annex C needs to be completed if you keep or use funding for your own languages’ work plans and activities.
• Annex D only needs to be completed if you will redistribute funding to other First Nations communities and/or organizations.
• The Declaration and Attestation on p. 13 needs to be signed.
• Annex E needs to be completed for each fiscal year you apply.
• Attach all the required supporting documents (Annex A); and
• Submit the application forms and all supporting documents by email to: autochtone-indigenous@pch.gc.ca.

Contact us for further information or if you need assistance to submit your application.

How applications are evaluated

The Department of Canadian Heritage funds work plan activities that have clear objectives and measurable results. Applications will be reviewed by the Department of Canadian Heritage to ensure their eligibility under the Sections 8 and 9 of the Act. Eligible applications will then be evaluated, based on the evaluation criteria below and will be prioritized in relation to the funds available.

Failure to comply with any conditions of a previously funded work plan will be considered in the evaluation of your new application and could result in a rejection of your new application.

Evaluation criteria

The work plan must:

• demonstrates that its implementation would support the objectives, principles and eligible activities of the Sections 8 and 9;
• describes the activities to be funded;
• describes the expected results of the proposed activities;
• includes a budget that clearly links to the proposed activities;
• discloses partners and the role that they will play in the work plan;
• The recipient commits to providing reasonable activity, evaluation, and financial reports and other related information including but not limited to documentation required for further distribution of funding to other partners, when requested by Canadian Heritage
• Funding priorities:
  • Work plans from First Nations governing body or organizations with the direct mandate related to First Nations languages and may include delivery of language revitalization services or that otherwise supports the delivery of language revitalization services
  • Work plans that are developed collaboratively with First Nations partners and provincial or territorial governments as appropriate and may include purposes such as providing government services in a First Nations language in relation to programs and services related to education, health, and the administration of justice
  • Work plans that leverage economies of scale through a coordinated effort across communities to support systemic First Nations language needs;
  • Work plans that are complimentary to other services provided by federal partners, provincial and territorial governments
  • Work plans that support innovations in First Nations languages revitalization work

Application deadline to the Department of Canadian Heritage

• Applications will be accepted on an ongoing basis for 2023-2024 and 2024-2025 fiscal years.
• Canadian Heritage will prioritize projects in relation to the funds available.
• Once all the funding is allocated, the program will not accept additional projects.

Application processing time

Canadian Heritage will acknowledge receipt of your application package within two weeks of its reception.

For additional information, please refer to the Service standards for Canadian Heritage funding programs.

Funding decisions

Canadian Heritage will target funding to specific work plans based on the funding priorities outlined in the evaluation criteria.

Applications for 2 years of funding may be approved for 2 years of funding or less.

Funding recipients

A funding recipient is a successful applicant who has signed a funding agreement with the Canadian Heritage.

How funding is provided

Canadian Heritage will set up the required funding arrangement for the transfer of funds, such as a grant, a contribution, or as a fixed contribution.

• A grant is a payment issued to a recipient for a work plan. The conditions you agreed to at the time of application will apply. At the end of your work plan activities, you may be required to submit a report and/or participate in the evaluation of results.
• A contribution is a conditional payment issued for a specific purpose, as outlined in a funding agreement. The agreement is signed by your organization or group and by Canadian Heritage and specifies the terms and conditions to receive payment. At the end of your work plan activities, you must submit a final report.
• A fixed contribution funding is an option to First Nations recipients where Eligibility criteria are met. The funding level is predetermined to meet program requirements and achieve the planned results. When planned results are achieved for less than the amount provided, fixed contribution funding allows the recipient to retain the unexpended funds, subject that all the contribution agreement conditions are met, including a plan on how the unexpended funding will be utilized.
• A flexible contribution funding is an option to First Nations recipients where eligibility criteria are met. The funding level is predetermined in order to support work plan and recurring activities for more than 12 months. The Recipient may retain, during the term of this Agreement, an unexpended balance at the end of each fiscal year to spend towards eligible expenses incurred in subsequent fiscal years. Except for administration costs and travel expenditures, the Recipient may transfer funds from one eligible expenditure category to another without the Minister’s authorization.

Funding conditions

You may be required to submit interim reports during your work plan activities. If an applicant receives $250,000 or more as a contribution, they are required to submit an audited financial report.

Additional conditions may apply and, if applicable, will be included in the applicant’s funding agreement.

Managing conflict of interest

It is necessary to avoid actual conflicts of interest and any situation that might cause doubt in objectivity. For recipients receiving funds as a managing organization, a managing conflict of interest procedure needs to be developed and put in place to ensure accountability to First Nations within the respective region.

Recipients that manage the adjudication and administration of the funding of the program must demonstrate transparency and accountability in their policies and processes.

This includes having:

• a publicly available conflict of interest policy
• written standards, policies and procedures on the project selection process for funding
• a publicly available list of successful proponents

Individuals or organizations cannot participate in the evaluation of a proposal in the following situations:

• the individual or organization has assisted in the preparation of the proposal, is an employee of the applicant, has provided consulting services, in any capacity, to the organization submitting the proposal, or may in the future
• the individual or organization will be a team member on the proposed project
• the individual or organization is a relative or close friend of any of the employees of the management team of the eligible recipient which submitted a proposal

Conflicts of interest may arise during the review of proposals. These situations need to be managed in an open and transparent manner.

Should a situation arise that presents a real or potential conflict of interest during the review process, the impacted individuals must recuse themselves from the deliberations concerning the specific proposal.

Workplace well-being

The Government of Canada is strongly committed to promoting healthy workplaces where harassment, abuse and discrimination are not tolerated. Organizations that receive funding from Canadian Heritage must take measures to create a workplace free from harassment, abuse and discrimination.

Public health guidance

The Department of Canadian Heritage expects that applicants will act in compliance with applicable statutes, laws, bylaws, regulations, orders, codes, standards, directives and guidelines governing the activities for which funding is being sought, including those related to public health and safety due to the COVID-19 pandemic.

Other requirements

While supporting efforts to reclaim, revitalize, maintain, and strengthen First Nation languages and to preserve and revitalize First Nations cultures, Canadian Heritage is subjected to legislations, such as the Official Languages Act. If you receive funding, you agree to comply with the requirements that are set out in your funding agreement, when applicable.

Acknowledgement of financial assistance

If you receive funding, you must publicly acknowledge – in English and in French – the financial support received from the Government of Canada in all communications materials and promotional activities. Additional requirements may be included in your funding agreement.

For additional information, please refer to our Guide on the public acknowledgement of financial support.

Access to information requests

Canadian Heritage is subject to the Access to Information Act and the Privacy Act. The information the applicant submits in their application may be disclosed in accordance with these acts.

Disclosure of information

By submitting a funding application, the applicant authorizes Canadian Heritage to disclose any information submitted with this application within the Government of Canada or to outside entities for the following purposes:

• to reach a decision
• to evaluate the results of the work plan activities
• to support transparency, accountability and citizen engagement

Audits of recipients and evaluation of Agreements pursuant Sections 8 and 9 of the Act

Canadian Heritage reserves the right to audit the applicant’s accounts and records to ensure compliance with the terms and conditions of the funding agreement. Canadian Heritage also conducts periodic program evaluations, during which the applicant may be required to present documentation.

The applicant must keep any records, documents, or other information that may be required to perform the audit or the evaluation for five years. Demonstrated failure to maintain such records may result in the repayment of amounts previously received.

Contact us

For further information, please contact the:

Indigenous Languages Branch

Email

autochtone-indigenous@pch.gc.ca

Telephone

819-934-1405
1-866-811-0055 (toll-free)

TTY

1-888-997-3123

Agents are available to answer your questions Monday to Friday, 8:30 am to 5:30 pm (ET).

Glossary^{Footnote 1}

Audited financial report

An audited financial report includes a statement of operations for the given period with regard to the work plan and is prepared by a certified accountant who is not part of the applicant’s organization.

Audited financial statements

A complete set of financial statements including a statement of financial position; a statement of operations; and a statement of changes in financial position. Audited financial statements are completed by a certified accountant who is not part of the applicant’s organization. The certified accountant performs auditing activities in accordance with generally accepted accounting principles.

Cash flow

A presentation of all anticipated revenues and planned expenses that will occur over the length of your work plan activities. At the beginning of your work plan, your cash flow will have only forecasted revenues and expenses. Over time, your cash flow will be updated to reflect the actual revenues and expenses.

Final report

A final report is submitted at the end of the applicants work plan activities based on the requirements in the funding agreement. The applicants final report needs to provide the results of the activities undertaken for the duration of the work plan.

Final financial report

A final financial report includes, as separate items, the budget as well as all of the revenues realized, and expenditures incurred for the given period with regard to the work plan activities being funded.

Financial statements

A complete set of financial statements, including a statement of financial position; a statement of operations; and a statement of changes in financial position. Financial statements may be audited or unaudited.

First Nations Organization

First Nations Organization refers to an organization that is owned and controlled by First Nations persons, including a First Nations-owned corporation or a First Nation controlled not-for-profit organization, that directly delivers language revitalization services or that otherwise supports the delivery of language revitalization services.

Interim reports

Interim reports are submitted based on the requirements in the funding agreement. These reports indicate the results of the activities undertaken for a specific period. In addition, they include a status report on the work to be accomplished and updated revenue and expense reports.

Official language minority communities

The official language minority communities are the English-speaking communities in Quebec and the Francophone communities residing outside Quebec.

Reprofile

Departmental budget transferred from one fiscal year to another, contingent on Minister of Finance or Treasury Board approval.

Volunteer

An individual working on behalf of others without receiving financial or material gain.