Terms and conditions for the International Development Assistance Program
Authorities to Approve the Projects under the International Development Assistance Program
Treasury Board has approved increased authorities to approve projects under the International development assistance program to Minister of Development. These authorities are subject to legislation and regulations, and must comply with departmental and central agencies policies and directives.
Disclaimer
In accordance with section 6.1 of the , departments are required to make public descriptions of all programs, including application processes as well as eligibility requirements and assessment criteria for potential applicants. This document conforms to the directive’s requirements for the International Development Assistance Program.
This version of the document slightly differs from the original document. In all circumstances, the official document shall prevail.
Table of contents
- 1. Effective date
- 2. Authority and financial instruments
- 3. Transfer payment program
- 4. Description of programming classes
- 5. Eligible recipients
- 6. Eligible expenditures
- 7. Total Canadian government funding and stacking limits
- 8. Method used to calculate the amount of a grant or a contribution
- 9. Maximum amount payable
- 10. Cash management and basis of payment
- 11. Information required to assess funding applications and criteria for assessment
- 12. Information required for financial and performance reporting
- 13. Official languages
- 14. Redistribution of contributions
- 15. Repayable contributions
- 16. Intellectual property
- 17. Disposal of assets
- 18. Other conditions and requirements
- 19. References
- Appendix A – Definitions
- Appendix B – Rationale for exception to the Treasury Board Directive on Transfer Payments
- Appendix C – Repayable Contributions
1. Effective date
The terms and conditions for international development assistance (hereinafter the “terms and conditions”) took effect on April 1, 2012. The changes made in the 2017 version of this document reflect the amalgamation of the Canadian International Development Agency and the Department of Foreign Affairs and International Trade, effective as of June 26, 2013. Today, the department is commonly known as ¶¶ÒùÊÓÆµFootnote 1, which is also the title used throughout this document.
2. Authority and financial instruments
2.1 Preliminary notes
The purpose of this document is to establish the terms and conditions for ¶¶ÒùÊÓÆµ’s (hereinafter also called “the department”) International Development Assistance Program. These terms and conditions address the requirements described in the Treasury Board of Canada Secretariat’s Policy on Transfer Payments as well as the supporting directive, with topics specific to ¶¶ÒùÊÓÆµ’s vote wording.
2.2 Grants and contributions vote and budget
The Foreign Affairs, Trade and Development Act establishes the responsibilities relating to international development, poverty reduction and humanitarian assistance. Authorities to make the grants listed in the Government of Canada’s annual Estimates and contributions for international development assistance and other specified purposes are provided by the Appropriation Acts.
The Minister of International Development and La Francophonie has been designated as the lead minister responsible for Canada’s official development assistance. As such, the minister is required, as per the Official Development Assistance Accountability Act, to report the total annual amount spent by relevant Government of Canada ministers providing official development assistance.
2.3 Financial instruments
This section lists the financial instruments that may be used to disburse the International Development Assistance Program grant and contribution funds, which are granted by Parliament through Appropriation Acts. This section also provides information on the context of their use.
When choosing a financial instrument, the following is considered:
- Grant / contribution agreements are legally binding under the agreed domestic law. Recipients are usually private sector firms and Canadian, international or foreign non-governmental organizations.
- Grant / contribution arrangements create no obligations in public international law and are entered into in good faith by parties that intend to abide by the terms agreed. Recipients are usually well-established international governmental organizations (e.g. United Nations bodies), International Financial Institutions, and foreign governments.
- In keeping with the principles of the harmonization of international assistance, funding to multilateral institutions will normally be in the form of grants. Funding may be in the form of contributions on an exceptional basis, taking into consideration ¶¶ÒùÊÓÆµ’s institutional relationships with the multilateral system.
- Multi-year financial instruments may be used.
The choice between a grant and a contribution is determined by the legal status of the recipient and the nature of the investment initiative, as well as the degree of assurance and oversight deemed necessary to achieve the results and safeguard the use of public funds in a manner that is sensitive to risks.
2.3.1 Grant funds
a) Grant agreements / arrangements
Grant agreements / arrangements are used when the eligibility criteria and information obtained from the recipient before a payment is issued provide assurance that the grant will be used for the purpose for which it is being provided. Generally, recipients are established organizations with solid financial structures that maintain appropriate resource capacities, have a proven record of accomplishment for delivery of programs or projects, and have risk management and results reporting structures acceptable to ¶¶ÒùÊÓÆµ.
Other donor countries are the only countries eligible for grants.
2.3.2 Contribution funds
a) Contribution agreements / arrangements
Contribution agreements / arrangements are conditional transfer payments generally used to contribute to approve proposals from eligible recipients. They are appropriate when the department deems it necessary to monitor progress and results, receive an accounting of the use of funds from the recipient, and have the right to carry out a recipient audit or to request some other type of certification or audit assurance from the recipient. Contribution agreements / arrangements may include specific provisions when the risk associated with the recipient implementing the program or project can be managed by additional oversight.
b) Procurement contracts
The purpose of this section is to set out the particular governance framework for procurement contracts funded with international development assistance contribution funds. This framework differs depending upon the entity that will be the contracting authority.
- Contracts by ¶¶ÒùÊÓÆµ
¶¶ÒùÊÓÆµ can enter into Crown procurement contracts as the contracting authority for acquisitions in support of a development initiative or its implementation. Such contracts are entered into either with an executing agency or with a contractor where the acquired goods, services or construction services will be delivered to recipients.
Crown procurement contracts are governed by the Treasury Board Contracting Policy rather than by these terms and conditions. As a result, ¶¶ÒùÊÓÆµ must adhere to the Government Contracts Regulations, seek Treasury Board approval when the value of the contract exceeds the thresholds set out in Appendix C of the policy, and manage funds for advance, progress and final payments in accordance with the policy. Consequently, the clauses regarding cash management of contribution agreements/arrangements set forth in these terms and conditions do not apply. More precisely, where an advance payment is issued under a Crown procurement contract, all expenditures incurred by the executing agency or contractor must affect the grants and contributions vote in the fiscal year in which the advance was issued. - Contracts by a recipient country or another organization
The Minister of International Development and La Francophonie can transfer procurement responsibility to a recipient country or another organizationFootnote 2, whereby goods, services and/or construction services will be purchased by the recipient country or the organization (as the contracting authority) on behalf of a predefined ultimate entity of the recipient country (including its government).
Such procurement contracting will be subject to the recipient country or the other organization’s own practices and regulations. However, ¶¶ÒùÊÓÆµ will have first assured that these practices and regulations are consistent with the principles of the Treasury Board Contracting Policy and the Government Contracts Regulations (particularly fairness, openness and transparency in the bidding and selection process), and that they are in accordance with the anti-corruption provisions for procurement contained in the United Nations Convention Against Corruption, the Organisation for Economic Co-operation and Development Anti-Bribery Convention and the Inter-American Convention Against Corruption. The transfer of procurement responsibility will take place within the context of balancing potential benefits against assessed risks. Appropriate fiduciary risk mitigation measures will be applied, where required.
In exceptional circumstances, the agreement/arrangement entered into with a recipient country may include provisions where the department will pay directly the contractor from whom the recipient country or another organization purchases goods, services and/or construction services. - Contracts by an executing agency
When the Minister of International Development and La Francophonie enters into a contract with an executing agency in support or for the implementation of a development initiative, the following conditions will apply:- the contract between the Minister of International Development and La Francophonie and the executing agency constitutes a Crown procurement contract and as such is subject to the Treasury Board Contracting Policy as set out in section 2.3.2(b)(i) of these terms and conditions;/li>
- this Crown procurement contract will contain provisions requiring the executing agency to conduct any procurement it undertakes for delivery of goods, services or construction services to recipients using procurement practices that are consistent with the principles set out in the Treasury Board Contracting Policy and the Government Contracts Regulations;
- for any procurement undertaken by the executing agency, either the executing agency, the recipient country, the organization or the ultimate recipient will be the technical authority for the procurement, and as such, has the responsibility for defining the technical specifications of the requirement, the statement of work and evaluation criteria for the bids as they relate to the technical aspects of the requirement. In exceptional circumstances where the department is the technical authority or effectively behaves like the technical authority (while being careful not to establish an “agency relationship”), the Treasury Board Contracting Policy and its attendant regulations and directives will apply.
c) Administrative arrangements
Administrative arrangements are entered into where the department collaborates with other government departments, Crown corporations or other levels of Canadian government (provincial, territorial, municipal, etc.) to obtain expertise or capacity to support program delivery. Exceptionally, administrative arrangements may be appropriate to use with multilateral institutions.
d) Letters of agreement
Letters of agreement are used where the department deems appropriate to compensate an individual, organization or institution for the eligible expenditures they will incur (e.g. the travel costs of a volunteer speaker)Footnote 3.
3. Transfer payment program
3.1 Purpose and objectives
The objective of the department’s International Development Assistance Program is to reduce poverty for those living in countries where ¶¶ÒùÊÓÆµ engages in international development.
This objective is in line with the intent of the Official Development Assistance Accountability Act, which states that expenditures reported to Parliament as official development assistance must contribute to poverty reduction, take into account the perspectives of the poor, and be consistent with international human rights standards. Furthermore, official development assistance may be provided for the purposes of alleviating the effects of a natural or man-made disaster or other emergency occurring outside Canada. The majority of the International Development Assistance Program’s activities are consistent with the Act. However, this transfer payment program does not preclude activities falling outside the scope of the Act.
According to Canadian government policy decisions, programming with respect to the following is inappropriate and, as such, is excluded from these terms and conditions:
- luxury goods;
- military equipment and/or supplies (unless for the use by donor military forces to deliver humanitarian aid or perform development services, in which case only incremental costs apply);
- nuclear technology (unless for peaceful and/or development purposes);
- grants to recipient countries; and
- any other assistance as deemed inappropriate in accordance with Canadian government or ¶¶ÒùÊÓÆµ policy decisions.
3.2 Program activities, expected results and performance indicators
The following tables illustrate the expected results and related performance indicators for the International Development Assistance Program’s activities.
Expected results | Performance indicators |
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Increased access to essential health services and education by the more vulnerable female and male children and youth in crisis-affected communities. |
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Increased access to income opportunities including jobs and development of micro- and small enterprises, particularly for vulnerable and marginalized women, men and youth. |
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Enhanced responsiveness of humanitarian assistance to address the immediate needs of crises-affected populations. |
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Expected results | Performance indicators |
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Increased sustainable agricultural production by rural poor women, men and youth. |
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Increased health services to mothers, newborns and children under five. |
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Increased accountability of public and civil institutions to respond to the needs of women, men and children. |
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Expected results | Performance indicators |
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More competitive local economies, especially for micro, small and medium-sized, and women-led enterprises in poorer areas. |
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Increased access to quality education for marginalized female and male children and youth, in particular those living in remote communities. |
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Strengthened citizen participation to sustain social and economic progress. |
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Expected results | Performance indicators |
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Increased effectiveness of Canadian development cooperation through engagement with, and investment in, multilateral and global organizations, to address humanitarian and development challenges. |
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Increased ability to advance Canada's development priorities in Canada and globally. |
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Expected results | Performance indicators |
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Improved health and education services for marginalized women, men, girls and boys. |
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Enhanced income opportunities, including rural livelihoods for poor women, men and youth. |
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Increased engagement of Canadians as global citizens in international development initiatives. |
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4. Description of programming classes
The programming classes described hereafter constitute the means for attainment of ¶¶ÒùÊÓÆµ’s International Development Assistance Program results. More precisely, in order to meet its program objectives, the department has developed three specialized classes of grants and contributions. While each class may be selected as circumstances warrant by the department’s branches, each branch is specialized in the use of a specific class, and, as a result, is considered the primary user due to the nature of their work.
4.1 Bilateral programming class
Bilateral programming, country-to-country, enables the Government of Canada to support recipient countries by:
- planning and executing international cooperation initiatives, with local governments and organizations; and/or
- contributing to selected development initiatives, which are planned and implemented by other donor countries and Canadian and international partners, as well as regional and local partners.
Canada’s efforts are negotiated and agreed with the recipient country and are usually documented through a memorandum of understanding or exchange of letters.
In order to provide a rationale and focus for bilateral activities, bilateral programming takes place within the context of a:
- region or country strategy; and/or
- regional or country development programming framework.
These documents are developed in accordance with Canadian government policy decisions, the objectives and priorities of ¶¶ÒùÊÓÆµ, with the overall management framework of the International Assistance Envelope and taking into account discussions with the recipient country.
For example, support under program-based approaches can be provided through a range of modalities. This aid comprises budget support (general and sector), pooled funds and projects, including technical assistance that could result from dialogue with a recipient country. There are numerous ways of engaging in development cooperation based on the principles of coordinated support for a locally owned development program. These means include national development strategies, sector or thematic programs and organizational programs.
The department may engage individuals or firms under professional service contracts to provide technical assistance services in a recipient country.
¶¶ÒùÊÓÆµ may fund education and training for persons from recipient countries. Benefits and allowances paid to these individuals while in Canada are administered in accordance with the Guide to Managing Award Holders in Canada (Development Stream).
4.2 Multilateral programming class
Multilateral programming supports sustainable development and humanitarian assistance mainly through multilateral institutions by:
- providing long-term institutional support to eligible recipients to allow the achievement of development and humanitarian mandates; and
- providing support to eligible recipients for specific initiatives aligned with Government of Canada priorities.
Multilateral institutions include international financial institutions, United Nations organizations and specialized agencies, global organizations (which often have a thematic focus, such as health or food security), humanitarian organizations, and organizations of the Commonwealth and La Francophonie.
Addressing global challenges requires a robust multilateral system. The multilateral system provides the Canadian International Development Assistance Program with a number of advantages. It provides additional reach by improving the lives of people across a wide range of developing countries and sectors. It helps build consensus, establish global norms and standards and provide intellectual leadership in a number of technical programming areas (e.g. health, agriculture and environment). The multilateral system possesses program delivery expertise particularly in offering coordinated and timely humanitarian assistance and addressing the complex challenges of fragile countries. Finally, the multilateral system can leverage the Government of Canada’s priorities by increasing international programming from other donors in these priority areas.
Multilateral programming takes place within the context of:
- ¶¶ÒùÊÓÆµ’s Multilateral Effectiveness Strategy; and
- institutional engagement strategies for key multilateral partners.
These documents are developed in accordance with Canadian government policy decisions and the objectives and priorities of ¶¶ÒùÊÓÆµ, and with the overall management framework of the International Assistance Envelope.
Multilateral programming is comprised of two distinct sub-classes: multilateral institutional funding and international humanitarian assistance.
4.2.1 Multilateral institutional funding sub-class
The multilateral institutional funding sub-class supports sustainable development and strengthens the effectiveness of the international system through:
- the provision of long-term institutional support to multilateral development institutions and humanitarian institutions; and
- the provision of funding for specific global, regional or country-level programs of multilateral institutions and other organizations in support of development goals, where these specific programs or projects are aligned with Government of Canada priorities and integrated into the recipient’s economic and social development objectives.
4.2.2 International humanitarian assistance sub-class
The purpose of the international humanitarian assistance sub-class is to save lives, alleviate human suffering and maintain the human dignity of those affected by conflicts and natural disasters. In response to a humanitarian crisis, financial support may be provided for the delivery of assistance that includes, but is not limited to, food and non-food items, medical care, shelter, water, sanitation, the protection of civilians and assistance to refugees and internally displaced persons, and the deployment of relief supplies and technical experts. In addition, international humanitarian assistance may be used to promote Canadian humanitarian policy priorities.
When specific approval is given by the Minister of International Development and La Francophonie, international humanitarian assistance may be provided in response to a humanitarian crisis in a developing country / territory or a country in transition normally excluded from Canada’s official development assistance.
Programs, projects or activities excluded from this sub-class are:
- longer-term rehabilitation and reconstruction, except special rehabilitation projects associated with refugees, returnees and displaced persons; and
- search and rescue operations, independent experts, and transportation costs for unsolicited new or used goods.
4.3 Partnerships with Canadians programming class
Partnerships with Canadians programming represents the International Development Assistance Program’s primary link to the Canadian public, given its main objective is to engage Canadians in international development. Partnerships with Canadians normally consist of investments in partners’ initiatives that reflect the department’s development and public engagement objectives. It involves relationships based on shared objectives, resources and accountability. In most cases, these partners are Canadian civil society organizations, the private sector and publicly funded institutions.
Partnerships with Canadians engage Canadians through support for international development initiatives and through raising awareness, participation and education on international development.
Partnerships with Canadians are comprised of two distinct sub-classes: partners for development and global citizens.
4.3.1 Partners for development sub-class
The partners for development sub-class aims to leverage the development expertise and initiative of Canadians by funding meritorious proposals put forward by Canadian organizations to deliver development results on the ground and contribute to poverty reduction. This sub-class creates enhanced opportunities for small and large development organizations to undertake focused and results-oriented development programming.
The partners for development sub-class provides financial support for development initiatives that are consistent with Canada's official development assistance priorities, policies and objectives. Eligible recipients are typically Canadian civil society organizations, the private sector and publicly funded institutions.
Financial support provided through the partners for development sub-class normally adheres to cost-sharing principles.
¶¶ÒùÊÓÆµ reserves the right to limit funding, including institutional support, to a certain percentage of the recipient's revenues.
This sub-class also includes initiatives through which awards are provided to candidates from a recipient country to develop the organizational capacity of the country.
4.3.2 Global citizens sub-class
The primary objective of the global citizens sub-class is to engage and mobilize Canadians, as global citizens, to participate in international development initiatives. The program focuses on three areas: public awareness, education and knowledge, and youth participation.
The global citizens sub-class showcases results and best practices in international development by: bringing young leaders together; sharing expertise and lessons learned on development challenges and results; engaging Canadians and the people of the recipient country in innovative development initiatives; and linking recipient country partners to Canadian expertise. All global citizens initiatives support communication, education or mobilization activities that proactively encourage and enable the Canadian public to understand, support and become engaged in international development, while emphasizing the importance of Canada’s involvement in the developing world. Projects and programs under the global citizens sub-class will lead to: increased public awareness of international development; increased opportunities for improving knowledge and understanding of international development and its impacts; and increased opportunities for active engagement of Canadians in international development activities.
Authorized activities must conform to the policies and priorities governing Canada’s official development assistance and provide authorized support to initiatives that focus on activities in recipient countries as well as in Canada.
5. Eligible recipients
Recipient eligibility and entitlement criteria established herein are at the class or sub-class level of programming. Where narrower focus is necessary to reflect specific program or project objectives, programming guidelines may be more restrictive.
Excluded from eligibility is any recipient:
- whose financial position is demonstrably unsound and for which no reasonable risk mitigation strategy in regards of achieving results exists;
- whose record of accomplishment and/or provided documentation fails to demonstrate their capacity to implement the project;
- whose objectives or aims are not compatible with Canadian government policy decisions or Canada’s international development assistance objectives; or
- who has been deemed as ineligible because of ¶¶ÒùÊÓÆµ policy decisions.
5.1 Bilateral programming class
Eligible recipients are:
- all levels of government of recipient countries, including their institutions, organizations and agencies;
- all levels of government of other donor countries, including their institutions, organizations and agencies;
- Canadian provincial, territorial and municipal governments, including their institutions, organizations and agencies;
- entities (including individuals) that have a legal personality recognized in domestic and/or international law, other than all levels of any government, and that are capable of delivering aid activities;
- community-based organizations and associations in a recipient country, capable of delivering local aid activities; and
- Crown corporations listed in Section 85 or Part 1 of Schedule III to the Financial Administration Actand their subsidiaries, where funding is for a specific program or project.
5.2 Multilateral programming class
5.2.1 Multilateral institutional funding sub-class
Eligible recipients are:
- all levels of government of other donor countries, including their institutions, organizations and agencies;
- entities (including individuals) that have a legal personality recognized in domestic and/or international law, other than all levels of any government, and that are capable of delivering aid activities;
- international financial institutions as listed in the schedule of theInternational Development (Financial Institutions) Assistance Act; and
- Crown corporations, listed in Section 85 or Part 1 of Schedule III to the Financial Administration Act, and their subsidiaries, where funding is for a specific program or project.
5.2.2 International humanitarian assistance sub-class
Eligible recipients are:
- all levels of government of other donor countries, including their institutions, organizations and agencies;
- entities (including individuals) that have a legal personality recognized in domestic and/or international law, other than all levels of any government, and that are capable of delivering aid activities; and
- community-based organizations and associations in a recipient country, capable of delivering local aid activities.
Consideration for eligibility is based on the possession of:
- experience, expertise and proven delivery capacity in humanitarian activities; and
- strong networking, partnership and coordination skills as evidenced by existing relationships with humanitarian stakeholders.
Humanitarian organizations and institutions, in particular, must:
- abide by the Code of Conduct for the International Red Cross and Red Crescent Movement and Non-Governmental Organizations in Disaster Relief and aspire to meet Sphere’s Humanitarian Charter and Minimum Standards in Disaster Response and/or other internationally recognized benchmarks of program quality; and
- have organizational codes of conduct consistent with the core principles identified in the Inter-Agency Standing Committee Plan of Action on Protection from Sexual Exploitation and Abuse in Humanitarian Crises.
5.3 Partnerships with Canadians programming class
5.3.1 Partners for development sub-class
Eligible recipients are:
- Canadian provincial, territorial and municipal governments, including their institutions, organizations and agencies;
- entities (including individuals) that have a legal personality recognized in domestic and/or international law, other than all levels of any government, and that are capable of delivering aid activities; and
- Crown corporations listed in Section 85 or Part 1 of Schedule III to the Financial Administration Act and their subsidiaries, where funding is for a specific program or project.
5.3.2 Global citizens sub-class
Eligible recipients are:
- all levels of government of recipient countries, including their institutions, organizations and agencies;
- all levels of government of other donor countries, including their institutions, organizations and agencies;
- Canadian provincial, territorial and municipal governments, including their institutions, organizations and agencies;
- entities (including individuals) that have a legal personality recognized in domestic and/or international law, other than all levels of any government, and that are capable of delivering aid activities or of delivering information to Canadian audiences on international development issues; and
- Crown corporations listed in Section 85 or Part 1 of Schedule III to the Financial Administration Act and their subsidiaries, where funding is for a specific program or project.
6. Eligible expenditures
The department may enter into a financial instrument where resulting activities are consistent with the purpose and objectives of its transfer payment program, and are primarily for the benefit of people in the recipient country. More precisely:
- to assist in planning (e.g. conceptualization, feasibility studies, specifications or design) of programs or projects;
- to assist the recipient in the implementation of a program or project, which includes strengthening its financial management capacity and ensuring its understanding of the terms and conditions of the agreement/arrangement;
- to assist in monitoring, evaluation and/or audit of programs or projects;
- to provide institutional support;
- to contribute to or fund specific programs or projects submitted to respond to ¶¶ÒùÊÓÆµ’s development objectives and Canadian government policy decisions;
- to contribute to or fund appeals of recipient organizations;
- to implement program-based approaches.
The recipient’s eligible expenditures will normally consist of the following:
- cost of goods, such as commodities, and all related shipping or transportation costs;
- cost of services, such as salaries and benefits and/or specific per diem fees;
- cost of equipment and related installation or maintenance;
- cost of overhead expenditures as agreed to by the department;
- the purchase of eligible carbon offset credits from a vendor which has received third party verification and adhere to internationally agreed standards including, but not limited to: Gold Standard, VER+, VERRA (formerly VCS, Verified Carbon Standard), B.C. Offset System; and
- other actual or reasonable expenses, duly described in the financial instrument.
Moreover, expenses incurred to build or strengthen an eligible recipient’s knowledge of development issues, or to identify development needs and strategiesFootnote 4, may be charged to the department’s grants and contributions vote where they are primarily for the benefit of people in the recipient country.
Examples of such expenditures incurred by the recipient are:
- analysis and research for the development of country programs, country / regional programming frameworks, and program and sectoral strategies;
- knowledge-building activities including policy research and development, information dissemination, and support for recipient country participation in conferences, meetings, training and negotiations;
- joint initiatives related to sector-wide approaches, trade and development issues;
- Organisation for Economic Co-operation and Development-Development Assistance Committee studies on international development.
A recipient’s costs to support delivery of a ¶¶ÒùÊÓÆµ-funded program or project implicating further distribution of funds to ultimate recipients will be charged against the grants and contributions vote.
Also eligible is an amount under a procurement contract funded from the grants and contributions vote, where such an amount represents best value, established by one of the following:
- a competitive process;
- in accordance with normal commercial practices;
- negotiated standard based on the department’s Guide for Rate Validation in Non-Competitive Service Contracts or reasonable rates for local costs in keeping with local market conditions; or
- other means deemed appropriate.
7. Total Canadian government funding and stacking limits
7.1 Sources of funding
Canadian government fundingFootnote 5 under a grant or contribution agreement/arrangement will not exceed one hundred percent (100%) of the total eligible expenditures for a project.
The department also takes into account other sources of funding available to the recipient including funding received from:
- international development organizations;
- other donor countries;
- the recipient country government and its regional institutions;
- the private sector; and
- the recipient.
The amount of a proposed grant or contribution must consist of the minimum required to further the attainment of the objectives of the program or project and expected results. For such purposes, ¶¶ÒùÊÓÆµ will examine all project proposal budgets before approval and at various points of the project life cycle, to ensure that only necessary funds are made available.
All sources of funding (monetary or in-kind contributions) made toward a project must be considered.
7.2 Recovery of excess funds
At any time during the project life cycle, if it becomes clear that a recipient has received more funding than required to meet the original project objectives, the department will proceed with one or a combination of the following actions:
- require the recipient to repay the excess of the funds received from ¶¶ÒùÊÓÆµ;
- withhold amounts from any outstanding payment;
- expand the project to meet further program objectives or other department and/or Government of Canada policy objectives.
8. Method used to calculate the amount of a grant or a contribution
The amount of a grant or contribution consists of the estimated costs necessary to meet the objectives of the project. A project may require entering into several financial instrumentsFootnote 6. The department uses various tools and resources (e.g. evaluation grids, checklists, internal or external expertise) to determine the amount of each financial instrument.
Prior to entry into a financial instrument, which will result in an expenditure of public funds, the funding decision must be analyzed and clearly documented. The depth of analysis carried out should be appropriate for the dollar value and complexity of the project and related risks.
9. Maximum amount payable
The department operates under unpredictable situations and all of the International Development Assistance Program’s grants and contributions are governed by this single set of terms and conditions. This makes it difficult to reasonably determine the maximum amount payable to a recipient annually or in total, or the maximum payable with respect to any initiative or project. For such reasons, in February 2009, an exceptionFootnote 7 to the Treasury Board Directive on Transfer Payments for grants and contributions program was granted.
10. Cash management and basis of payment
The Minister of International Development and La Francophonie holds an exception to clauses 6.4.2 and 6.4.4 of the Treasury Board Directive on Transfer Payments, which allows:
- to issue single payments rather than make instalments for grants in excess of $250,000; and
- to make advance payments of contributions covering the department’s share of expected eligible expenditures to be incurred by the recipient beyond the month of April of the following fiscal year.
10.1 Grant agreements / arrangements
Instalments or single payments of grants may be made. Generally, the decision will be in light of the fiduciary risk assessment both at the recipient and project level. Under exceptional circumstances, such as a pressing emergency due to humanitarian crisis, single payments will be made to ensure efficient program delivery, notwithstanding fiduciary risk assessment.
10.2 Contribution agreements / arrangements
10.2.1 Advance payments
Advance payments of contributions may be made if it is clear that undertaking a project would result in considerable cash flow issues for the recipient. Allocation of advance payments will be based on the estimated cash flow requirements of the recipient as agreed to by the department.
Where advance payments are deemed necessary, the period covered by the advance and the frequency of reporting required from the recipient are established based on the department’s evaluation of the fiduciary risk both at the recipient and project level.
10.2.2 Progress payments and final payments
Generally, progress payments and/or final payments of contributions are made to recipients based on reimbursement of eligible expenditures and/or achievement of pre-determined performance expectations or milestones in accordance with the provisions set out in the agreement/arrangement. Where it is cost-efficient, the department may use a costing formula. For example, to establish the value of specific program / project implementation costs, thus ensuring fairness to recipients through consistency, pre-defined travel allowances and kilometric rates established by participating bargaining agents and public service employers are used as references. ¶¶ÒùÊÓÆµ may also use internally established rates based on its analysis of historical costs for similar initiatives, for instance, those of recipients or other donor countries.
Performance expectations, milestones and/or costing formulas are initiative-specific and are determined upon assessment of the application for funding or project conception.
Payment is made upon satisfactory completion of identified activities and/or once costs have been incurred by the recipient and accepted by the department as being eligible expenditures.
10.2.3 Holdback
The department will retain up to 15% of the total value of a contribution agreement / arrangement when such action is deemed appropriate based on the nature of the investment and fiduciary risk assessment. The holdback is paid following receipt, from the recipient, of final accounting of the contribution and acceptance by the department of the final report as specified in the contribution agreement / arrangement. As a condition to release a holdback or final payment, recipients are also required to certify that all financial obligations to subcontractors, employees and suppliers in respect to ¶¶ÒùÊÓÆµ’s contribution have been fully discharged.
11. Information required to assess funding applications and criteria for assessment
11.1 Information required
In general, applicants are required to submit:
- documents demonstrating that it has legal personality;
- governance documents (e.g. corporate governance guidelines, annual reports, codes of conduct, organizational chart);
- the most recent financial statements (e.g. annual statements, preferably audited as per generally accepted auditing standards);
- the detailed proposal (multi-year, where appropriate);
- an estimated budget (multi-year, where applicable);
- prior experience relating to the proposal; and
- supplementary information deemed essential to properly evaluate the proposal and the applicant (e.g. associates or affiliates, information required to meet Canadian regulatory requirements, tax exemption information, or citizenship of individuals).
The department might also require applicants to submit additional information for the purpose of its evaluation of the fiduciary risk both at the recipient and project level. Specifically, eight core risk factors are assessed:
Recipient level
- Governance and stability;
- Results performance prior history;
- Financial viability; and
- Corruption and fraud.
Project level
- Capacity of local responsibility centres / local offices / project implementation units (including trust funds, decentralized funds and local office structures);
- Procurement capacity;
- Complexity; and
11.2 Criteria for assessment
In addition to being eligibleFootnote 8 for funding, the applicant must:
- demonstrate a satisfactory history of, or appropriate capacity for, delivery of development assistance;
- have management and financial capability;
- have acceptable risk management and results reporting; and
- meet the standards for relevant ¶¶ÒùÊÓÆµ policies and guidelines.
The above criteria must also be used to validate whether recipients of grants are still eligible for such transfer payments.
Assessment criteria include the following:
- comparative advantages of funding the applicant to achieve ¶¶ÒùÊÓÆµ’s goals, objectives, results and program and/or sectoral interests;
- the applicant’s capacity to meet ¶¶ÒùÊÓÆµ’s priorities;
- internal management practices (e.g. open and transparent governance, reliable practices in finance, management and procurement);
- reporting capacity as it relates to the use of ¶¶ÒùÊÓÆµ funds and/or funds from other donors;
- capacity to work with government, institutions or organizations of a recipient country;
- results of recent evaluations;
- leverage or contribution of the applicant;
- ways expected results are to be measured and reported;
- financial and other risks; and
- project administrative cost (direct and indirect) in relation to the implementation cost.
Review committees, which include working level advisors (e.g. thematic and sector specialists), undertake the assessment and formulate recommendations to the appropriate management level holding approval authorities according to the internal delegation instrument.
12. Information required for financial and performance reporting
12.1 Grant agreements / arrangements
Reporting from recipients on results achieved will normally consist of the recipient’s standard annual report. Notwithstanding, ¶¶ÒùÊÓÆµ may also require the recipient to submit a narrative report (that may include disbursement status) on a particular program.
12.2 Contribution agreements / arrangements
Progress of the recipient in achieving the project objectives and results as well as otherwise fulfilling the conditions of the contribution agreement / arrangement are monitored regularly as part of due diligence.
Reporting must be sufficient to:
- account for the use of funding and support payments;
- demonstrate whether the obligations and objectives are met; and
- support the department’s accountability and performance measurement requirements.
Frequency of reporting is established in compliance with departmental policies and defined in the contribution agreement / arrangement.
Financial monitoring provides ongoing assurance that reimbursements claimed by recipients are based on eligible expenses actually incurred for project-related activities. The department requires reporting on all expenditures.
Performance monitoring tracks progress using selected indicators. If results are not being realized as intended, decisions will be taken as appropriate to the specific project.
13. Official languages
The department is committed to respecting its obligations under the Official Languages Act. Specifically, ¶¶ÒùÊÓÆµ provides the following bilingual services to facilitate access to both linguistic communities:
- application forms are available in both official languages on the ¶¶ÒùÊÓÆµ public website;
- general programming information and any notice, advertisement or other related matter are available in both official languages; and
- applicants can communicate with and receive services in the official language of their choice.
Where applicable, ¶¶ÒùÊÓÆµ will also ensure that recipients respect the spirit and intent of the Act and that communications with and services to the public in Canada are provided in both official languages, in accordance with the spirit and intent of Part IV and Part VII of the Act.
14. Redistribution of contributions
Where funds are to be further distributed, ¶¶ÒùÊÓÆµ will ensure that the initial recipient or executing agency has independence in the choice of ultimate recipients, with minimal guidance from the department, and will not be acting as an agent of the government in making these distributions. Provisions to this effect will be included in the financial instrument.
15. Repayable contributions
Contributions made under these terms and conditions are non-repayable. Where the department enters into a contribution agreement with for-profit organizations, it is not intended to allow the recipient to generate profits or increase the value of the business.
16. Intellectual property
For any work created for the needs of an ultimate recipient under a contribution agreement, ¶¶ÒùÊÓÆµ requires a licence or an assignment of rights to any recipient designated by ¶¶ÒùÊÓÆµ as well as a licence to ¶¶ÒùÊÓÆµ for proposals pertaining to the design, conceptualization, planning or implementation of the project or program, the implementation plan and work plans, narrative, financial and technical reports and any other subject-matter used to define or manage the project or program.
For any work created as part of a procurement contract, ¶¶ÒùÊÓÆµ will comply with the provisions of the Treasury Board Policy on Title to Intellectual Property Arising Under Crown Procurement Contracts.
17. Disposal of assets
Where it is planned to acquire assets as part of a contribution agreement / arrangement or a procurement contract, it will be specified in the financial instrument that ¶¶ÒùÊÓÆµ must approve the asset disposal plan, although these assets must never be the property of the Crown.
18. Other conditions and requirements
¶¶ÒùÊÓÆµ assesses whether funding would trigger any obligation under the Canadian Environmental Assessment Act. Where applicable, the appropriate form is completed and included as part of the approval documentation.
19. References
- (Justice—administrated by Treasury Board)
- (Department of Justice Canada)
- (Department of Justice Canada)
- (Department of Justice Canada)
- (Department of Justice Canada)
- (Department of Justice Canada)
- (Department of Justice Canada)
- (Department of Justice Canada)
- (Department of Justice Canada)
- (Department of Justice Canada)
- (Treasury Board)
- (Treasury Board)
- (Treasury Board—administrated by Innovation, Science and Economic Development Canada)
- (Treasury Board)
Appendix A – Definitions
Advance payment (paiement anticipé) – Payment, specifically provided under an agreement/arrangement that is made prior to the fulfilment of the performance obligations, as stipulated in the agreement/arrangement, that demonstrates that the criteria are met to justify the payment. An advance payment of contribution is not an accountable advance in the context of Section 38 of the Financial Administration Act and of the Accountable Advance Regulations.
Agency relationship (relation d’agence) - A consensual relationship created by contract or by law where one party, the principal, grants authority to another party, the agent, to act on behalf of and under the control of the principal to deal with a third party. An agency relationship is fiduciary in nature and the actions and words of an agent exchanged with a third party bind the principal.
Appeal (appel) - A tool used by aid organizations to plan, coordinate, fund, implement and monitor their activities in major sudden onset and/or complex emergencies that require a system-wide humanitarian response.
Applicant (demandeur) - Is an entity that has applied for a transfer payment.
Country in transition (pays en transition) - A country that is not eligible for official development assistance under the Organisation for Economic Co-operation and Development / Development Assistance Committee lists, but in which ¶¶ÒùÊÓÆµ engages in international development.
Developing country or territory (pays ou territoire en développement) - A country or territory that is eligible for official development assistance under the Organisation for Economic Co-operation and Development / Development Assistance Committee lists.
Executing agency (agence d’exécution) - An entity contracted by ¶¶ÒùÊÓÆµ or the recipient country to support and/or implement a development initiative that is funded from the grants and contributions vote.
Fiduciary risk (risque fiduciaire) - The risk that funds may not be used for their intended purposes, may not be properly accounted for; and/or, goods and services delivered are not commensurate with funds transferred.
Fiscal year (exercice financier) - The period beginning on April 1 in one year and ending on March 31 in the next year, or if agreed to by ¶¶ÒùÊÓÆµ and stipulated in the financial instrument, the recipient’s fiscal year.
Fragile countries (pays fragiles) - Countries that face particularly severe development challenges with complex national and regional contexts given weak institutional capacity, poor governance, political instability, and ongoing violence or a legacy of past conflict.
In-kind contribution (contribution en nature) - A contribution provided by the recipient to the project in the form of goods or services to which a dollar value can be attributed, that would otherwise be purchased and paid for by the recipient to achieve the project results. The cost of goods and services contributed in-kind must be eligible under the agreement/arrangement and must be recorded at a fair value, as agreed to by ¶¶ÒùÊÓÆµ.
International Assistance Envelope (enveloppe de l’aide internationale) - Within the context of fiscal planning, the International Assistance Envelope is Canada’s main instrument for coordinating its international assistance, including official development assistance. The International Assistance Envelope funds ¶¶ÒùÊÓÆµ’s International Development Assistance Program as well as international assistance components of other government departments.
Low-income / middle-income countries (pays à faible revenu / revenu intermédiaire) - Countries struggling with pervasive poverty or facing specific challenges in attaining self-reliance. Classification of a country’s economy is based on its Gross National Income per capita according to World Bank thresholds.
Pooled funds (mise en commun de fonds) - A financing mechanism for development assistance negotiated amongst donors and with the recipient country. Pooled funding involves donor oversight upon release of funds to the recipient and in terms of financial reporting, specific to the contributions made. Initiatives involving grants to a trust fund of a multilateral or regional organization and initiatives involving grants or contributions to or from another donor (delegated cooperation) are forms of pooled funding.
Program/project (programme/projet) – An initiative or a group of activities for which approval has been obtained which may result in one or more financial instruments being entered into. For the purpose of this document, the terms “program” and “project” are synonyms. Nevertheless, in the broader context, the International Development Assistance Program is a single “program” which is governed by these terms and conditions.
Recipient (bénéficiaire) - Is an entity that either has been authorized to receive or has received a transfer payment. In these terms and conditions, the terms “initial recipient” and “ultimate recipient” may be used to distinguish actors taking part in the transfer payment process.
Recipient country (pays bénéficiaire) - Developing countries or territories as well as countries in transition. The term “recipient country” does not include other donor countries.
Repayable contributions (contributions remboursables) - Contributions issued under a transfer payment program for which the terms and conditions or a Treasury Board Decision clearly establish:
- whether these contributions are to be unconditionally repayable or if repayment is to be conditional;
- the events or circumstances that will trigger repayment obligations;
- the factors that will determine the amount of the repayment; and
- the terms of repayment, namely the timing of repayments and the details on any interest charges that apply to overdue payments.
Transfer payment (paiement de transfert) - Is a monetary payment, or a transfer of goods, services or assets made, on the basis of an appropriation, to a third party, including a Crown corporation, that does not result in the acquisition by the Government of Canada of any goods, services or assets. Transfer payments under the International Development Assistance Program are categorized as grants or contributions and do not include investments, loans or loan guarantees.
Appendix B – Rationale for exception to the Treasury Board Directive on Transfer Payments
Historically, ¶¶ÒùÊÓÆµ has demonstrated that its International Development Assistance Program objectives would be compromised by certain requirements of the Treasury Board Policy on Transfer Payments published in June 2000, namely clauses 7.6.1 to 7.6.6 inclusively and 8.3.3. The Minister of International Cooperation deemed it essential to seek an exception to the aforementioned clauses which was granted on March 22, 2007.
In October 2008, a revised Treasury Board policy and supporting directive on transfer payments came into effect. Equivalent provisions under the Treasury Board Directive on Transfer Payments are included in sections 6.4.2 and 6.4.4.
The rationale for this exception is provided below:
- Pursuant to Canada’s efforts to reach the Millennium Development Goals by improving aid harmonization and effectiveness, Canada has agreed in the past, and continues, to accept common procedures and reporting in order to avoid burdening multilateral institutions with complicated, transaction-heavy and donor-specific requirements.
- Donors have agreed to harmonize their planning, monitoring and reporting with the capacities and systems of their partners. This was essential to reducing the administrative burden of the partners while helping them improve their capacity to manage and account for the use of resources. Frequency of payments is dependent on the recipient’s cash flow requirements, the harmonized practices of other donors and the assessment of the risks involved.
- Frequency of reporting provisions will be adapted to the recipient’s systems and processes. ¶¶ÒùÊÓÆµ cannot expect reporting on its contribution separately from reporting provided to other donors because its resources are combined with those of other donors. The donor community generally accepts biannual or annual payments and reports.
The local ownership principle of aid effectiveness demands that development strategies, if they are to be sustainable, must be developed by recipient countries and reflect their priorities. Local ownership has come to mean ownership of development programs not only by governments, but also by civil society, such as regional and local non-governmental organizations, private sector firms and community-based organizations. The wide array of donor practices for delivering development assistance generates unproductive transaction costs for recipient countries and draws down on their limited capacity as they try to comply with the different administrative requirements of donors. To provide a timely and effective Canadian response to conflicts and natural disasters in recipient countries, single sum grant payments, rather than instalment payments are made. To this effect, the benefits accrued from Canada’s reputation among the multilateral institutions and from Canada’s ability to respond efficiently to disasters more than offset any costs associated with lost interest on any portion of the payment paid in advance of need.
Appendix C – Repayable Contributions
Table of Contents
- C1 Introduction
- C2 Repayable Contributions
- C3 Effective Date
- C4 Definitions
- C5 Eligible recipients
- C6 Eligible activities and expenditures
- C7 Total Canadian government funding and stacking limits
- C8 Multi-year agreements/arrangements
- C9 Maximum amount payable
- C10 Cash management and basis of payment
- C11 Information required to assess funding applications
- C12 Information required for financial and performance reporting
- C13 Repayments
- C14 Disposal of assets
- C15 Annex A – Definitions
- C16 Annex B – Illustrative funding structures and repayment terms (triggers), for CRCs
C1 Introduction
This appendix outlines the Terms and Conditions (Ts&Cs) for repayable contributions (RCs) under the Ts&Cs for the International Development Assistance (IDA) program at GAC.
These Ts&Cs should be read in conjunction with the Ts&Cs for the IDA program, which govern the non-repayable transfer payments issued under this program. The provisions in this appendix supersede the corresponding provisions of the Ts&Cs for the IDA program only when RCs constitute a component of a development project.
GAC provides RCs where resulting project activities are consistent with the purpose and objectives of the IDA program and are primarily for the benefit of people in the recipient country or countries. They provide GAC with broader access to for-profit organizations, support the use of innovative and effective funding structures, and mobilize private sector investment in international development projects thereby helping to address the Sustainable Development Goals (SDGs) funding gap.
C2 Repayable Contributions
A RC is funding that may require repayment from the recipient depending on whether the contribution is conditional or unconditional in nature. Situations where a RC must be used include when:
- the nature of the project activities may result in project reflows or increase the value of the recipients business; and/or
- the funding is provided to recipients to be used by them to make investments, issue loans or offer financial guarantees for the purposes of attaining development results.
However, where the contribution or part of the contribution supporting such project activities is under $100,000Footnote 9, a non-repayable instrument can be used.
A conditionally repayable contribution (CRC) is used when the contribution is repayable (in part or in full) only when conditions specified in the contribution agreement/arrangement materialize. A CRC is used when financial risks are high and/or cannot be quantified.
An unconditionally repayable contribution (URC) is used when the contribution is repayable (in part or in full) and GAC expects a repayment. A URC is used when financial risks are generally lower and can be quantified. The terms of the agreement/arrangement describe when repayments are due by indicating specific dates, particular times or circumstances. URCs can only be used to fund climate financing and international assistance innovation projects/initiatives.
In the context of international development assistance, it is not anticipated that GAC would receive a financial return over and above the repayment of its contribution except in rare instances where the underlying investment(s) supported perform exceptionally well. In this case, the amount paid to GAC could exceed the initial contribution (on a net present value basis). That is, while ex ante, the funding is expected to be concessional (as per the ), ex post, there is a possibility that the Government of Canada could realize a positive return.
C3 Effective Date
The appendix governing RCs in support of the IDA program take effect on October 31, 2022.
C4 Definitions
Definitions to be used in the interpretation of this appendix are in .
C5 Eligible recipients
Eligible recipients for RCs, notwithstanding the programming class of the IDA program, are:
- Entities (including individuals) that have a legal personality recognized in domestic and/or international law, other than all levels of any government; such as:
- International Financial Institutions as listed in the schedule to ; and
- Development finance institutions (DFIs) (multilateral or national), other than Canada’s DFI (FinDev Canada), that have a legal personality recognized in domestic and/or international law.
In addition, for climate financing and international assistance innovation projects/initiatives, eligible recipients include:
- Investment funds/funding vehicles that may not have a legal personality in domestic and/or international law, but that are governed by a legislative framework acceptable to GAC and consistent with section 90 of the subject to a legal assessment.
C6 Eligible activities and expenditures
C6.1 Eligible activities
C6.1.1 Funding structure related activities
In the blended finance context, funding provided for international development projects in the form of RCs is used to partially shield investors against certain perceived or real risks and capital losses, and/or to improve expected returns on investments, thereby making risk-adjusted returns sufficient for them to proceed while achieving development impacts. By attracting these private sources of funding for development purposes, GAC is able to catalyze investments that would not otherwise occur and leverage its contribution.
GAC’s contribution towards blended finance projects normally support the four development finance structures below or a combination thereof.
- Risk or loss protection
- Concessional debt
- Patient capital
- Early provision of equity capital
The funding structure of a given project must be consistent with the risk appetite and funding envelope and includes risk sharing.
Table 1 – How GAC’s contribution can support blended finance structures
1. Risk or loss protection | 2. Concessional debt | 3. Patient capital | 4. Early provision of capital |
---|---|---|---|
For example: Contribution is used by recipient as financial “guarantees” to absorb losses in a funding structure. | For example: Contribution is used by recipient to provide debt with longer maturity, longer grace period or lower interest rate where warranted. | For example: Contribution is used by the recipient in a subordinated position with regards to other stakeholders and thereby, used to defer returns or reflows until other investors/ | For example: Contribution is used by recipient to provide capital to a fund that serves as an anchor investment with the goal of mobilizing other investors to invest in projects or funds with a high likelihood of breaking even or generating profit (returnable capital). |
While there are references to financial guarantees, debt and equity capital in the capital structures, in a transfer payment context, GAC does not issue financial guarantees, loans or take equity positions in these projects/funding structures. Recipients use RCs to do so as an eligible activity. These funding structures are not mutually exclusive (e.g. funding can serve both as an anchor investment and as risk/loss protection) and all require risk sharing..
C6.1.2 Complementary activities
A project for which a component is conducted under or in support of a RC agreement/arrangement may also include other activities that are not subject to repayment but are consistent with the purpose and objectives of the IDA program and are primarily for the benefit of people in the recipient country. These activities are in the scope of the Ts&Cs for the IDA program as opposed to this appendix.
For climate financing and international assistance innovation projects/initiatives with a relatively small non-repayable component supporting technical assistance (e.g. under 15%), eligible and reasonable expenditures can be subject to this appendix.
C6.2 Eligible expenditures
Consistent with the risk appetite, the following types of eligible expenditures, may be funded by GAC via a RC in support of the activities listed above. The expenditures are:
- cost of goods and services related to project implementation;
- costs to assist in planning (e.g. conceptualization, feasibility studies, specifications or design) of projects;
- legal and other fees;
- costs pursuant to obligations of Canada as a member of an International Financial Institution pursuant to a multilateral treaty;
- costs to assist in monitoring, evaluation and/or audit of projects; and
- other actual or reasonable expenses, duly described in the financial instrument and explicitly associated with targeted development outcomes.
The contribution can also serve as funding in order for the recipient to provide financing through loans/debt capital, financial guarantees, etc.
Excluded from eligibility are:
- Any costs determined not reasonable such as costs higher than market rates and/or not directly related to the eligible activities;
- Any costs stemming from claims, damages and indemnities (e.g. third party claims), excluding costs pursuant to obligations of Canada as a member of an International Financial Institution pursuant to a multilateral treaty; and
- Any cost that is ineligible under section 3.1 of GAC’s Ts&Cs for the IDA program.
C7 Total Canadian government funding and stacking limits
Canadian Government funding for the RC component of an agreement/arrangement will not exceed one hundred percent (100 %) of the total eligible expenditures or funding for eligible activities.
In determining funding levels, GAC takes into account the potential project reflows that stem from the project’s funding structure which may be reinvested over the course of the project. It also takes into account the impact that GAC’s contribution will have in the project’s funding structure with an aim to encourage investments in international development projects by offering mitigation against real and/or perceived risks and/or by enhancing expected returns on investment for potential investors; thereby catalyzing incremental private sector investment that would not otherwise occur. All sources of funding (monetary or in-kind contributions) made toward a project must be considered. As such, GAC takes into account other sources of funding available to the recipient including funding from:
- international development organizations and development finance institutions;
- other donor countries;
- recipient country governments (at all levels) and regional institutions;
- the private sector;
- recipients; and
- ultimate beneficiaries.
GAC examines all project proposal budgets/financial reports before project approval and at various points in the project’s life cycle to ensure that only necessary funds are made available to the recipient.
C8 Multi-year agreements/arrangements
Projects with a RC component require multi-year agreements/arrangements that exceed traditional 3-5 years Gs&Cs timelines, considering that the vast majority of blended finance projects span multiple years. Indeed, blended finance initiatives can range from five to 25 years but their duration can sometimes exceed this time period where funding structures involve patient capital or very long term investment horizons.
Such agreements/arrangements are subject to demonstration by the recipient that multi-year instruments are required to attain the project’s objectives given multi-year commitments will be undertaken or that it is necessary for the catalysing of funding from the private sector and other sources.
In many cases, the contribution serves to attract other investors and GAC’s contribution serves to provide capital to a recipient earlier than others as a form of anchor investment. It also demonstrates confidence in the project and, in select cases, can enable recipients to enter into initial investments to better demonstrate project viability upon formal launch.
The agreement/arrangement duration will be commensurate with the period of expected reflows from the projects funded by the recipient.
C9 Maximum amount payable
The maximum amount payable for the total project value is set as per the corresponding programming class in the Ts&Cs for the IDA program.
C10 Cash management and basis of payment
Funding under a RC is disbursed on an as required basis in accordance with criteria established with the recipient and agreed by GAC and set out in the funding instrument, which may include:
- funding needs for the project’s activities;
- achievement of predetermined performance expectations; and/or
- attainment of milestones.
Costing formulas may also be applied to determine the disbursement schedule where it is most practical and economical. In such cases, reasonable market rates, or other benchmarks, generally recognized in the industry, subject to a validation by GAC’s experts, are used for benchmarking purposes.
The funding provided to the recipient can be subject to a holdback.
C11 Information required to assess funding applications
In general, applicants are required to submit:
- documents demonstrating that their organization has a legal personality;
- governance documents (e.g. corporate governance guidelines, annual reports, codes of conduct, anticorruption policy, organizational chart);
- the most recent financial statements (annual financial statements, preferably audited as per applicable auditing standards);
- the detailed proposal (multi-year where appropriate);
- an estimated budget (multi-year where appropriate);
- estimated annual cash-flows, including uses of contribution, project reflows and repayments to GAC (multi-year where appropriate);
- financial assumptions regarding the proposed funding structure;
- other sources of funds (e.g. public and private);
- a wiring diagram demonstrating the flow of funds;
- the distribution waterfall for reflows (where appropriate);
- evidence of prior experience relating to the proposal;
- supplementary information deemed essential to properly evaluate the proposal and the applicant (e.g. the logic model, associates or affiliates, information required to meet Canadian regulatory requirements, specific explanations on the project’s funding structures, tax exemption information, citizenship of individuals, etc.).
Applicants should also explain in their proposal how their initiative aligns with the prevailing Footnote 10, namely:
- Anchor blended finance use to a development rationale;
- Design blended finance to increase the mobilisation of commercial finance;
- Tailor blended finance to local context;
- Focus on effective relationships for blended finance;
- Monitor blended finance for transparency and results.
GAC might also require applicants to submit additional information for the purpose of its evaluation of the fiduciary risk both at the recipient and project level, as well as for the purpose of assessing whether the proposal is consistent with the funding envelope.
Through their proposals and other reference material, applicants must provide the information necessary to assess projects.
C12 Information required for financial and performance reporting
Progress of the recipient in achieving the project objectives and results, as well as otherwise fulfilling the conditions set out in the agreement/arrangement, is monitored regularly as part of due diligence.
Reporting must be sufficient to:
- account for the use of funding and support payments;
- demonstrate whether the obligations and objectives are met;
- support the department’s accountability and performance measurement requirements;
- determine whether repayment conditions have been triggered and/or to monitor compliance with repayments terms; and
- inform government of Canada’s annual provisioning exercises.
Frequency of reporting is established in compliance with GAC policies and procedures as well as the risk assessment. Reporting requirements are subsequently defined in the agreement/arrangement.
The agreement/arrangement sets out the reporting requirements which can include:
- a Project Implementation Plan (contains a project description, planned expenditures, expected outcomes, work breakdown structure, reporting, etc.), a Baseline Report, and Annual Work Plans. Planning materials are required upon the application for funding and subsequently, at least two months before the project’s anniversary date (or two months before the end of the recipient's fiscal year, depending on the project’s reporting cycle);
- periodical financial and narrative reports (frequency depending on, for example, fiduciary risk assessment and/or repayments terms);
- audited financial statements at a frequency set out in the agreement/arrangementFootnote 11;
- a formative and independent summative project evaluation based on the development evaluation principles and quality standards of the Organization for Economic Cooperation and Development’s Development Assistance Committee (OECD/DAC) and, to the extent possible, to the principles of the Paris Declaration. Joint evaluations with recipients or other donor countries will be explored where applicable.
The financial reporting requirements enable GAC to monitor the activation of repayment conditions and/or compliance with the repayment terms in order to ensure that the recipient proceeds with the repayments as required as per the terms of the agreement/arrangement.
C13 Repayments
Under the RC component of an agreement/arrangement, the reflows resulting from the use of the funding as well as the funding itself are subject to partial or full repayment to the Receiver General.
Repayment terms are proposed in funding applications, evaluated during the assessment of the application and negotiated at the agreement/arrangement stage. The agreed upon repayment terms are clearly set out in the agreement/arrangement.
Given the numerous variations of blended finance projects pertaining to emerging and frontier markets in recipient countries, repayment terms are tailored to each circumstance. Personnel with relevant thematic, finance and sector expertise within GAC and/or engaged by GAC, are actively involved in the development and negotiation of repayment terms. Documented processes also provide guidance in this area.
C13.1 Factors that determine whether repayment is to be made
In the case of a CRC, repayment (in part or in full) is provisional upon specific conditions materializing including lower risks than expected leading to residual funds. In the case of a URC, the contribution is repayable (in part or in full) and must be expected. For both instruments, when it is determined that a repayment is necessary, this amount will be recognized as debt due to the Crown.
GAC uses various tools and resources (e.g. financial models, external benchmarks evaluation grids, checklists, as well as internal and/or external expertise) to determine whether a URC or a CRC is the appropriate funding instrument. GAC assesses the risk associated with the project/funding structure, and the ability to quantify expected repayment and the likelihood of repayment.
These tools are also used to establish the specific conditions that may trigger repayment for a CRC. The factors that determine whether repayment for a particular project is required are:
- the objective/purpose of the project, which includes the real and/or perceived risks to be absorbed;
- the funding structure of the project and the purpose of GAC’s contribution (e.g., risk or loss protection, concessional debt, patient capital, returnable capital);
- the distribution waterfall (e.g., a tiered basis where the recipient is not repaid until more senior investors/funders get some or all of their principal back plus, as applicable, a predetermined preferred return); and factors contributing to profit generation or increased business value of the recipient organization.
C13.2 Determining the amount of repayments
The determination is based on audited financial statementsFootnote 12 and mandatory financial reports as per the agreement/arrangement. The amount to be repaid is based on the following factors:
- amount of net project reflows;
- return on investments;
- amount of profits generated;
- increases in business value;
- unused/residual portion of capital;
- amount of risk absorbed (e.g. loss on foreign exchange, borrowers credit risk).
The repayment “schedule/structure” is based on criteria that reflect the RCs role and relative seniority in the financing structure, with appropriate repayment terms to support risk-adjusted returns necessary to catalyze private sector investment.
Under normal circumstances, given the development objective of funded projects, repayments will not exceed the amount of the original contribution and can take into account the time value of money. However, when RCs have succeeded in driving recipient returns on investment beyond targeted rates, and extra-normal profits are generated for the recipient, or where the perceived risks do not materialize, as expected, repayments to GAC may include both the recovery of the original contribution and a return.
C13.3 Establishing the schedule and terms for repayments
Repayments start as early as possible, taking into account the project objectives, the role of GAC’s funding in the funding structures, the intended development impacts and the requirement for repayment. The schedule and other terms related to repayment are documented during the development of the agreement/arrangement and are based on:
- the duration of the funding vehicle;
- the period during which the recipient will realize the benefits of the project;
- the recipient’s financial position and ability to repay;
- the project’s investment period;
- the project’s grace period;
- the established distribution waterfall; and/or,
- the anticipated liquidity events.
Where there is a distribution waterfall, reflows to the recipient generally take place in a pre-established specific order in which various rounds of individual repayments are due to the project stakeholders and, as such, the repayment schedule reflects the fact that repayments take place on a tiered basis.
For CRCs, the repayment schedule is rarely based on a fixed time schedule since repayments of capital and interest to the recipient from project-level investments typically become available upon a first liquidity event or termination of the funding vehicle.
Depending on factors such as the funding structure and the market conditions, repayment of GAC’s CRC (after losses and agreed expenditures are taken into account) occurs no later than the achievement of relevant project reflows exceeding an established threshold per annum of the overall portfolio investment value or following an applicable first liquidity event.
For URCs, the repayment schedule can be either a defined repayment schedule or have fixed repayment dates and be reflows-based. Reflows-based repayment schedules have a series of dates at a regular frequency as to when repayments may be forthcoming to GAC, depending on actual reflows received by recipients from investments, and consistent with the terms of the agreement/arrangement.
Depending on the funding structures supporting blended finance projects, specific factors and repayment terms are also available in Annex B.
C13.4 Establishing if repayment is required for CRCs
In the case of a CRC, to determine if repayment is required for a given project, GAC will review financial reports and statements provided by the recipient in conjunction with the reporting terms set out in the agreement/arrangement to determine whether financial or other repayment conditions have been triggered. Where applicable, they also confirm the amount and schedule for repayments based on the terms set out in the agreement/arrangement.
C14 Disposal of assets
Where it is planned that the recipient will acquire assets as part of the CRC component of an agreement/arrangement, it will be specified in the agreement/arrangement that GAC must approve the asset disposal plan, although these assets must never be the property of the Crown. Exceptionally, for programming that falls under the climate finance program or International Assistance Innovation Program’s mandate, assets can become the property of the Crown in specific circumstances, subject to the applicable regulations.
Disposal of assets provisions exclude residual financial assets and a repayment of such residual funds is expected. Unless the contribution agreement states otherwise.
C15 Annex A – Definitions
Blended finance (financement mixte) – The strategic use of development finance for the mobilisation of additional finance towards sustainable development in developing countries, with ‘additional finance’ referring primarily to commercial finance.
Capital (base en capital) – Portion of funding provided to recipients for their use in project structures which may involve the recipient making investments, , issuing loans or offering financial guarantees for the purposes of attaining development results.
Concessional debt or financing (prêt ou financement assorti de conditions avantageuses) – Funding or loans that are extended on terms more generous than market funding. The concessionality is achieved through terms (e.g., interest rate, ranking, etc.) that are more generous than those available on the market. In the RC context, although GAC’s contribution is invested by the recipient alongside other project stakeholders’ capital, it is characterised as concessional financing through the absorption of risk, thus is intended to mobilize incremental resources towards sustainable development and does not constitute a traditional investment. Its ultimate objective is to achieve more development.
Conditionally repayable contribution (contribution remboursable avec conditions) – CRCs are contributions that are repayable (in part or in full) only when conditions specified in the contribution agreement/arrangement materialize. CRCs are used when financial risks are high and/or cannot be quantified. For example, CRCs are used to catalyze additional investment into more risky countries/sectors/initiatives. As such, CRC funding can be highly catalytic, reflecting the willingness to risk the entire contribution to mobilize investment that supports development objectives.
Debt capital (capitaux d’emprunts) – Type of capital whereby lenders make loans to borrowers. Borrowers repay lenders the principal and interest until the loan is paid off. The lender has a legal right to promised cash flows. In the context of RCs issued by GAC, the lenders are the recipients or financial intermediaries.
Development finance (financement de développement) – Development finance is public and private finance that is being deployed with a development mandate.
Development finance institution or DFI (institution de financement du développement) – National and international development finance institutions are specialized development banks or subsidiaries set up to support private sector development in developing countries. DFIs can be bilateral, serving to implement their government’s foreign development and cooperation policy, or multilateral, acting as private sector arms of International Finance Institutions (IFIs) established by more than one country. They are usually majority-owned by national governments and source their capital from national or international development funds or benefit from government guarantees. This ensures their creditworthiness, which enables them to raise large amounts of money on international capital markets and provide financing on very competitive terms.
Development Finance Structures (Structures de financement en appui au développement) – These are innovative and formal funding mechanisms or vehicles designed to mobilize financing in support of sustainable development goals. Such structures can be configured in several different ways through which funds can flow uni- or bi-directionally and generally involve multiple private and public sector stakeholders with a view to mobilize funds, as well as pool and share investment risks in areas where impediments to direct investment exist, such as in emerging markets.
Distribution waterfall (cascade de distribution) – A distribution waterfall is the hierarchy delineating the order in which funds will be distributed as underlying investments are sold in a funding structure. In the blended finance context, in order to attract investors, the distribution waterfall may ensure that different types of investors/funders have priority of payment compared to others within the same funding structure. It specifies, for example, that an investor will receive his or her initial investment plus a preferred return before other funders can receive any returns. Such an arrangement increases the investor's confidence in the development finance structures and its potential profitability for them.
Emerging markets (marchés émergents) – Emerging markets generally do not have the level of market efficiency and regulation as advanced economies, but have a financial infrastructure including financial institutions and stock exchanges.
Financial guarantee (garantie financière) – The use of guarantees (a promise to fulfill an agreement in the case the main contracting party fails to do so) provides private sector and other investors/entities with the assurance they need to invest financial and non-financial capital into projects with significant development impacts. In the context of RCs issued by GAC, the guarantors are the recipients or financial intermediaries.
Frontier markets (marchés frontières) – Less advanced markets from the developing world. Frontier markets are sometimes considered a subset of emerging markets. They are also known as "pre-emerging markets".
Funder (bailleur de fonds) – or entity a as a contribution, , or (including ).
Investor (investisseur) – Any entity or person who commits capital with the expectation of financial returns.
Loss protection (protection contre les pertes) – Loss protection is a form of financing that reduces the risk for investors. A loss protection is similar to a limited guarantee, essentially reducing the risk of financial losses to investors.
Patient capital (capital patient) – Patient capital (long-term capital) is a form of financing whereby an investor/funder is willing to make some type of investment/contribution to a business for a long period of time (often more than ten years or until a particular objective is met). Patient capital has equity-like features (such as long term capital), but it may not carry with it ownership interest.
Reflows (retours de fonds) – As part of a project/program’s objectives, recipient or intermediaries revenues generated from investments, financial guarantees or loans (including repayment of principal) as well as revenues from other sources. Interest income earned by the recipient on advance payments for other complementary activities are not considered reflows; specifically, interest income earned by a recipient on a non-repayable contribution advance payment is accounted for and used against the project’s activities as if it was part of GAC’s original contribution.
Repayable contribution (contribution remboursable) – Repayable contributions are contributions all or part of which are repayable. They can be conditionally repayable or unconditionally repayable. Exceptionally, the Government of Canada could realize a return on this funding, over and above its contribution.
Return (rendement) – The return consists of the income and the capital gains relative to an investment. It is usually quoted as a percentage.
Returnable capital (capital remboursable) – Returnable capital is used in contexts where the project is likely to break even or generate a profit in the short term, in which case the recipient responsible for implementing the project returns some or all of the initial contribution to the Government of Canada, and possibly a return, as per the repayment terms of the agreement/arrangement.
Subordination (subordination) – Refers to investors/funders that are lower seniority ranks, and as a result, are amongst the last in terms of repayment.
Time value of money (valeur de l’argent dans le temps) – Is the concept that money available at the present time is worth more than the same amount in the future.
Unconditionally repayable contribution (contribution remboursable sans conditions) – URCs are contributions that are repayable (in part or in full) and for which GAC expects a repayment. A URC is used when risks are generally lower and can be quantified. The terms of the agreement/arrangement describe when repayments are due by indicating specific dates, particular times or circumstances. URCs can only be used to fund climate financing and international assistance innovation projects/initiatives.
C16 Annex B – Illustrative funding structures and repayment terms (triggers), for CRCs
Funding structures | Recipient’s role in funding structureFootnote 13 (to absorb risk, thereby catalyzing investments) | Use of the CRC | CRC repayment termsFootnote 14 | Factors for CRC repayment amount (illustrative) |
---|---|---|---|---|
Risk or loss protection | Providing guarantees such as:
| The amount for the guarantee is paid up front alongside other investments or as required. If disbursed from the outset into a segregated account, it can only be drawn down under certain pre-agreed loss conditions. | Repayment may take place at the end of the project if GAC’s contribution exceeds the recipient’s share of the fund’s cumulative losses and agreed net prorated costs (i.e. if the funds were not used to absorb losses). | Recipient guarantee amount – eligible costs (where eligible costs are cumulative losses + agreed net costs as per agreement terms) = amount of repayment. Nil if negative. This is generally in the context of a partial-risk guarantee. |
Concessional debt or financing | Providing debt or other financing with concessional (more favourable than market) terms or rates such as:
| The funding is used for financial sustainability reasons or to support a revolving loan fund. | Repayment may take place once senior debtholders have been repaid or at the end of the project if the contribution was used to establish a loan fund for ultimate recipients. | Fund balance – amounts due to senior debtholders = amount of repayment to recipient. The amount repaid to the recipient will be the amount repayable by the recipient to GAC up to the CRC’s value. |
Patient capital and early provision of capital | Providing patient capital or early capital to a funding structure. | The funding is used to provide patient capital, which allows SMEs to access funding by being able to issue shares that are attractive in the market. There is a deferral of reflows to the recipient related the contribution until other investors/ The funds are provided early in a funding structure to attract potential investors to provide capital to invest in projects with a high likelihood of breaking even or generating profit (returnable capital). | CRC repayment occurs no later than:
| Annual fund reflows – (amounts due to debt holders + amount due to senior equity holders) = amount of repayment to recipient. The fund’s annual repayment to the recipient will be the annual amount repayable to GAC by the recipient up to CRC value + potential return. |
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