The FNCFS Program under the Ontario Final Agreement provides for an Alternative Dispute Resolution process. Under this process, First Nations and FNCFS Agencies (a “Claimant”) can file a ‘Claimant Dispute’ to be heard by an independent arbitrator, on specific issues relating to funding under the OFA, including missing funding allocations, errors in funding calculation, or Canada’s denial of a request for Capital funding (made after the Effective Date) or denial of Service Provider Funding Adjustment request.
A claimant dispute will be decided by an arbitrator (the “Arbitral Tribunal”). The arbitrator’s fees will be paid for by Canada.
First Nations and FNCFS Agencies have the option of using this process, but it is not mandatory and they can still pursue other legal remedies.
A roster of arbitrators with specialized cultural safety training will be available to adjudicate disputes at the Arbitral Tribunal. The cultural safety training for arbitrators will be designed specifically with Ontario’s FNCFS Program in mind, and will be informed by Elders and Knowledge Keepers selected by COO and NAN.
The Alternative Dispute Resolution process provides for ”duty counsel” (assistance from a lawyer) to assist First Nation and FNCFS Agencies in filing disputes. This duty counsel will be at no cost to the Claimant. Duty counsel shall be paid by Canada. Duty counsel can help Claimants complete forms, collect documents for hearings, understand their right to seek an appeal or judicial review and such other tasks or support as required to assist the Claimant. Duty counsel will not represent the Claimant before the Arbitral Tribunal.
At the request of a Claimant, a cultural officer can also be made available to advise the Arbitral Tribunal. A Cultural Officer is an advisor who makes recommendations to the Tribunal with the goal of ensuring the dispute process is culturally appropriate, accessible, and in accordance with the Ontario Final Agreement.
The ADR process as contemplated in the OFA is not yet fully established. An interim ADR process will be in effect in case there are disputes in the meantime.
Details about the ADR process are outlined in Part XIX of the Ontario Final Agreement. Additional information about the ADR process will be posted as it comes available.
In the interim, if you are a First Nation or FNCFS Agency and you would like to file a dispute please contact ADR@coo.org for more information about the interim process.
The Notice to Arbitrate will only be related to Party disputes (between Canada, COO and NAN), and not Claimant Disputes.
To serve a Notice to Arbitrate on COO digitally, you may contact:
ADR@coo.org
To send physical copies to Notice to Arbitrate on COO, you may do so at:
Social Services Sector
Chiefs of Ontario
468 Queen St. E - Suite 400
Toronto, ON M5A 1T7
