Terms and Conditions for Contributions and Assessed Contributions under the Justice Partnership and Innovation Program

1. Introduction

1.1 These terms and conditions apply to financial assistance provided through contributions and assessed contributions made under the Justice Partnership and Innovation Program (JPIP) to support the Department’s interest in issues related to access to justice, family violence, missing and murdered Aboriginal women/violence against Aboriginal women and girls, the harmonization of private international law and other emerging justice issues. These terms and conditions are drafted in accordance with Treasury Board’s Policy on Transfer Payments (October 2008 and revised in April 2012).

1.2 The JPIP supports the Department’s mission of ensuring a just and law abiding Canadian society with a fair, relevant and accessible Canadian justice system. The JPIP reflects the Department of Justice’s strategic outcome of providing a fair, relevant and accessible Canadian justice system.

2. Program and Legislative Authority

2.1 The Department of Justice Act (R.S.C., 1985) confers federal powers to the Minister of Justice, related to the superintendence of all matters connected with the administration of justice in Canada, not within the jurisdiction of the governments of the provinces and to the administration of public affairs to ensure that it is in accordance with law. The Minister has the legislative authority to manage funds relevant to the administration of justice.

2.2 Cabinet decision in 1967 authorized the Department of Foreign Affairs, in consultation with the Department of Justice, to take the necessary measures to ensure that Canada became a member of the Hague Conference on Private International Law and of the International Institute for the Unification of Private Law (Unidroit). Canada became respectively a member on October 7, 1968 and on March 2, 1968. Canada, in accordance with Cabinet decisions in 1968, is party to the treaties establishing the international organizations.

2.3 Treasury Board decision in 1995 approved the creation of the transfer payment program while Treasury Board decisions in 2002 and in 2007 approved the renewal of the JPIP.

2.4 Treasury Board decision in 2007 approved the establishment of the assessed contributions for the Hague Conference on Private International Law and the International Institute for the Unification of Private Law (Unidroit).

3. Description, Purpose, Goal and Objectives of the JPIP

3.1 Description and Purpose

The JPIP is designed to provide resources to:

3.1.1 Stimulate knowledge development and dissemination by:

3.1.2 Promote partnership building/intersectoral collaboration by:

3.1.3 Build community capacity by:

3.2 Goal

The long-term goal of the JPIP is to contribute to increasing access to the Canadian justice system and strengthening the Canadian legal framework.

3.3 Objectives

The overall objective of the JPIP is to support policy directions of the Department on issues related to family violence, missing and murdered Aboriginal women, violence against Aboriginal women and girls, access to justice, other emerging justice related issues, and the harmonization of private international law. The specific objectives are to:

3.4 Current Assessment and Assessment Rate for Canada’s Contribution

3.4.1 Canada’s assessed rate of contribution to the Hague Conference on Private International Law is established at 33 units of the total budget assessment. In July 2013, the value of each unit was established at €6,422.40 for a total assessed contribution of €211,939.20 or CDN $291,670.73. The exchange rate in September 2013 was established at $1.3762.

3.4.1.1 Member States of the Hague Conference on Private International Law are to contribute to the expenses set in the budget on the basis of their classes for contributions in the system of the Universal Postal Union. However, the States in the class for contributions of 50 units will contribute only for 33 units.

3.4.2 Canada’s assessed rate of contribution to the International Institute for the Unification of Private Law (Unidroit) is established at 50 units of the total budget assessment. In December 2013, the value of each unit was established at €2,530 for a total assessed contribution of €126,500 or CDN $193,418.50. The current exchange rate on February 28, 2014 was established at $1.5290.

3.4.2.1 The International Institute for the Unification of Private Law (Unidroit)’s revenue is composed of the contribution of the Italian Government; the contributions of other member Governments; any other contributions, donations or legacies accepted by the Governing Council; income derived from the Institute’s activities; and income from the Institute’s property.

3.4.2.2 The classification of each Government in one of the eight (8) categories is determined on the percentage of States’ contributions to the United Nations budget. Canada is a Category I Category I (corresponding to 50 units of contribution) as it contributes more than 3% to the United Nations budget.

3.4.3 The Department will keep track of the annual assessed contributions paid to each organization, including the exchange rates used at the time of the payment.

3.4.4 Any future changes in the estimated amount payable are due to changes in currency, inflation and assessment rates. These changes will be reflected in the Department’s Annual Reference Level Update.

4. Expected Results and Outcomes

4.1 Progress will be made on long-term outcomes such as improved responsiveness of the justice system to family violence; reduced vulnerability of Aboriginal women and girls to violence, and increased access to justice by achieving the following:

4.2 The expected results and performance measures that will be used for monitoring and reporting purposes for funded activities are:

Expected Results Performance Measures
Increased capacity to build knowledge, awareness and understanding of justice issues
  • Number, type and nature of activities / projects undertaken by stakeholders to provide legal information
  • Number and type of PLEI products developed and distributed
  • Number and nature of partnerships developed or supported
  • Number of Métis and Non-Status Indians accepted into pre-law and law programs
  • Number of agreements and nature of resources designed to help Aboriginal women and girls who have or may have experienced violence
  • Extent and nature of engagement and ability of stakeholders and communities to address needs/issues of those affected by family violence
Canadians have an increased awareness and knowledge of the justice system including their rights and obligations
  • Extent to which Justice has supported key stakeholders
  • Extent to which the ICCLR assists in responding to domestic issues
  • Level of awareness and knowledge of the Canadian justice system
Promotion of Canadian legal interests internationally
  • Extent to which Canada’s role and reputation is maintained internationally
Increased access to the Canadian justice system
  • Extent to which individuals have accessed public legal education and information (PLEI) to help address their legal issues
  • Extent to which PLEI material and information on family violence is available and accessed by population targeted
  • Extent to which non-governmental organizations have contributed to access to justice issues
Strengthened Canadian legal framework
  • Extent to which stakeholders have been able to help develop or test new approaches to strengthen the national legal framework

4.3 Under the Program Alignment Architecture (PAA), the JPIP is situated within the Strategic Outcome of “A fair, relevant and accessible Canadian justice system”; the Program of “Stewardship of the Canadian legal framework”; the Sub-program of “Justice System Support” and of the Sub-sub-program of “Criminal justice and legal representation”.

5. Classes of Eligible Recipients

Any of the following may be eligible for contribution funding:

Any of the following are eligible to receive an assessed contribution:

6. Nature and Type of Projects/Activities

The activities undertaken pursuant to the JPIP align with Government priorities. As such, contributions may be provided for the following justice related activities:

7. Eligible Expenditures

7.1 Expenditures directly related to approved projects and activities are defined in the contribution agreement, except for the assessed contributions. Eligible expenditures must be incurred by the recipient, be reasonable and be necessary to achieve the activities. Eligible expenditures include direct and indirect costs such as:

7.2 Hague Conference on Private International Law

Article 9 of the Statute of the Hague Conference on Private International Law under which Canada is charged an assessed contribution states that:

7.3 International Institute for the Unification of Private Law (Unidroit)

Article 16 of the Statute of the International Institute for the Unification of Private Law (Unidroit) under which Canada is charged an assessed contribution states that:

7.4 The following expenditures are ineligible:

8. Maximum Level of Total Government Assistance: Stacking Limit

8.1 Assistance is provided at the minimum level necessary to further the attainment of stated Program/component objectives and expected results.

8.2 The maximum level (stacking limit) of Total Government Assistance (federal, provincial, territorial and municipal assistance for the same eligible expenditures) will not exceed 100% of eligible expenditures.

8.3 In the event that actual Total Government Assistance to a recipient exceeds the stacking limit, the Department will adjust its level of assistance and seek reimbursement so that the stacking limit is not exceeded.

8.4 Proposals must disclose all additional sources of funding, i.e. funds from other departmental programs, other federal departments, other levels of government, charitable foundations, etc.  In the course of the project, the recipients are required to report to the Department any additional funds received to support the approved project or activity.

9. Methods to Determine the Amount of the Contribution

9.1 Proposals will be screened for completeness, eligibility, and program relevance. The budget will be assessed to determine whether the costs are appropriate for the project activities. Proposals will then undergo a quality assessment, which may include internal and/or external reviewers. To assess merit, this stage of the review process could include consultations with provincial/territorial colleagues and persons familiar with the particular issue. Proposals recommended for approval will be forwarded to the appropriate departmental authority for final decision.

9.2 In determining the appropriate level of funding, the Department will be guided by the following principles:

10. Maximum Amounts of Contributions Payable to a Recipient

10.1 Except for the assessed contribution payments to the Hague Conference on Private International Law and the International Institute for the Unification of Private Law (Unidroit) which may vary from year to year, the maximum amount payable to a recipient of a contribution shall not exceed $250,000 per year.

10.2 Except for the assessed contribution payments to the Hague Conference on Private International Law and the International Institute for the Unification of Private Law (Unidroit), multi-year contribution agreements may be provided to eligible recipients subject to program criteria and cycles.

11. Basis of Payment

11.1 Except for contribution payments to the Hague Conference on Private International Law and the International Institute for the Unification of Private Law (Unidroit), progress payments are made upon receipt and acceptance of a claim, for reimbursement of eligible expenditures, up to a maximum of 95% of the contribution, when the recipient is not in default of its reporting requirements.

11.2 Final payment (or recoveries) will be made upon receipt and acceptance of all the reporting materials and approval of all accounting materials and performance reports in accordance with the funding agreement. 

11.3 The Hague Conference on Private International Law’s assessment is normally issued in July of each year. Member States are to pay their contributions as soon as possible. Canada will attempt to pay within 45 days of receipt of the assessments. No rebates are applicable for timely or early payment of the assessments.

11.4 The International Institute for the Unification of Private Law (Unidroit)’s assessment is normally issued in December of each year. Member States are to pay their contributions as soon as possible. Canada will attempt to pay within 45 days of receipt of the assessments. No rebates are applicable for timely or early payment of the assessments.

12. Supporting Material Required for an Application

Except for the Hague Conference on Private International Law and the International Institute for the Unification of Private Law (Unidroit), funding applications will be required to provide:

The Department may also require the following information: 

12.2 The Hague Conference on Private International Law and the International Institute for the Unification of Private Law (Unidroit) shall remit to Canada or to Canada’s representative an invoice, a note verbale or similar document that shall constitute the application for payment of the assessed contribution.

13. Assessment/Approval Process

Except for the Hague Conference on Private International Law and the International Institute for the Unification of Private Law (Unidroit), in reviewing and selecting recipients for contributions, the Department of Justice will normally consult with different sectors within the Department and, when appropriate, with other federal departments, and provincial and territorial governments.  In recommending funding proposals under the Program, the Department will take into consideration any of the following factors:

14. Reporting

14.1 Financial Reporting

14.1.1 With the exception of the Hague Conference on Private International Law and the International Institute for the Unification of Private Law (Unidroit), recipients of contributions may be required to submit interim financial statements and any other additional supporting documentation required under the funding agreement at such intervals during the course of the agreement as may be agreed upon for review and acceptance by the Department.

14.1.2 With the exception of the Hague Conference on Private International Law and the International Institute for the Unification of Private Law (Unidroit), recipients will be required to submit a financial claim, which may include audited financial statements at the end of the funding agreement for review and acceptance by the Department. The Department may conduct reviews and audits of claims in accordance with federal governmental policy guidelines and procedures related to transfer payments.

14.2 Performance Reporting

14.2.1 With the exception of the Hague Conference on Private International Law and the International Institute for the Unification of Private Law (Unidroit), results achieved through the JPIP will be reported through the evaluation of the JPIP. Project reporting will inform these reporting activities. To that end, the Department will assess and take into consideration the likelihood that the project will provide concrete results in its review of projects. Where appropriate, the Department may require recipients to develop a project evaluation identifying the project’s outputs, target group, beneficiaries, methodology, performance indicators, and potential results.

14.2.2 Where appropriate, the Department may require interim activity reports to allow the Department to assess the status of the project and to inform the Department of any issues that may have an impact on the project work plan.

14.2.3 Recipients will be required to report on the activities of the project, including results and impacts of the project. The information provided will be used for performance measurement purposes. For activities that involve training and information events, recipients will be required to administer a pre and post questionnaire to assess the impact on the participants’ knowledge and understanding of the subject area.

14.2.4 The Department will endeavour to keep reporting requirements at a minimum but sufficient to support the departmental performance measurement framework and, where possible, when projects are being co-funded by other departmental initiatives or by other departments, to coordinate reporting requirements so as to reduce the reporting burden for the recipient.

15. Nature and Timing of the Regular Departmental Review

15.1 The Department of Justice will review its participation in Hague Conference on Private International Law and the International Institute for the Unification of Private Law (Unidroit) every five years as part of the overall evaluation of the JPIP.  The objective of the review is to identify the relevancy and the benefits of Canada’s membership in the international organizations, in terms of advancing Canada’s current domestic and international policy principles and priorities.

16. Promoting Effective Management

16.1 The Department is fully committed to promoting effective management within the Hague Conference on Private International Law and the International Institute for the Unification of Private Law (Unidroit).

16.2 The Department receives copies of activity reports and audited financial statements. In addition to preparing accounts, financial statements, and a draft budget, the Hague Conference on Private International Law prepares an annual report to the Council on General Affairs, composed of all Members, on actual performance in terms of achievement of objectives and key performance criteria. As a member of the Council, Canada participates in each of the meetings of the Council functions of assessment, advising, planning, management and oversight of the budget. Canada also participates actively in preparatory and informal meetings that support this process. The Department of Justice will provide a link to the organization’s website (http://www.hcch.net/) where information on its activities and budgetary information is available.

16.3 The Department receives copies of activity reports and audited financial statements regarding the International Institute for the Unification of Private Law (Unidroit). In addition to preparing accounts, financial statements, and a draft budget, the organization prepares an annual report on its activity on actual performance in terms of achievement of objectives and key performance criteria. The organization maintains a website (http://www.unidroit.org/) where information on the organization’s activities and budgetary information is available. As a member of the General Assembly, Canada participates in each of its meetings to approve the annual accounts of income and expenditure and the budget, its triennial work programme, to appoint members to the Governing Council pursuant to article 6 of the Statute.  Canada is also a member of the Finance Committee which reviews the budget before it is submitted to the General Assembly. In addition, in accordance with Article 17(3) of the Statute, the General Assembly, on the nomination of the President, appoint one or two auditors responsible for the financial control of the organization.

17. Official Language Communities in Minority Situation

17.1 All materials and services for applicants and recipients are available in the official language of choice. The JPIP will ensure that all necessary measures are put in place to support the development of official language communities in minority situation in Canada, as well as to promote the full recognition and use of English and French in Canadian society.

17.2 The JPIP objectives are to be implemented within the broader context of the linguistic duality of Canada by supporting projects that will serve official language communities in minority situation. Applicants will be required to provide information onwhether the project will lead to services being provided in both official languages and the impact the project may have on official language communities in minority situation. Recipients receiving funding will be required to respect the spirit and intent of Canada’s Official Languages Act when providing services to the public as part of a funding agreement.