This section of the website explains what steps come next for those who have succeeded in their application for funding to the Court Challenges Program, and provides timelines, explanations, and forms.
| WHEN | WHO | WHAT |
|---|---|---|
| Date of Expert Panel Meeting | Expert Panel | Expert Panel carefully consider the funding application and make a decision. |
| Within 15 business days after the meeting | CCP staff | CCP staff communicate the Expert Panel’s decision to grant funding, in writing. |
| Within 15 business days of receiving the decision letter |
Funding recipients | Review and return the signed Funding Agreement to the CCP. |
| Within 12 months of the signature of the Funding Agreement | Test case development funding recipients | Complete test case development. Submit Final Report, Final Financial Report and all supporting documents to the CCP. |
| Litigation and legal intervention funding recipients | File originating documents with the court or tribunal. Submit Progress Report and all supporting documents to the CCP. |
|
| At least 7 days before documents are filed with the court or tribunal | Litigation and legal intervention funding recipients | Provide the CCP with a copy of these documents (any brief, legal argument, etc.). |
| Within 7 business days of receiving a decision from the court or tribunal | Litigation and legal intervention funding recipients | Provide the CCP with a copy of the decision. |
| Every 12 months after signature of the Funding Agreement | Litigation and legal intervention funding recipients | Submit a Progress Report to the CCP. |
| Every 6 months after an extension is granted | Test case development funding recipients who have been granted an extension of time | Submit a progress report to the CCP. |
| Periodically throughout the course of the funded matter | All funding recipients | Submit a request for disbursement of funds from trust account using the CCP Invoice Form. |
| Upon completion of the funded matter | All funding recipients | Submit a Final Report and any supporting documents, a Final Financial Report including final invoices, and return any unspent funds to the CCP. |
Receiving CCP Funds
Applicants whose funding application is approved for funding by the Expert Panel will receive a letter from the Court Challenges Program (CCP) advising them that funding was granted. This letter will enclose a Funding Agreement signed by the CCP. The funding recipient is required to review the letter, Funding Agreement (including all of its Schedules), and Funding Guidelines to ensure that they are in agreement with all the conditions tied to the funding. This letter will also tell the recipient which CCP counsel will be their point of contact on the file.
Within 15 business days of receiving the documents, the funding recipient is required to return a completed and signed Funding Agreement and Schedules by email to their CCP contact. This Funding Agreement is the contract between the CCP and the funding recipient and once it is signed, the funding recipient and anyone acting on their behalf must comply with its obligations. A recipient’s failure to comply with their funding obligations may result in a formal review of funding, as described in the Funding Guidelines.
Once the CCP has received the signed Funding Agreement, they will transfer the funds to the trust account identified by the funding recipient. The funds must remain in the lawyer’s trust account until the CCP approves expenses and authorizes in writing the disbursement of funds from the account, in accordance with the Funding Guidelines.
Managing CCP Funding
The Funding Guidelines govern how funding recipients must manage and report on their use of CCP funds. They form part of the contract between the CCP and the funding recipient. Funding recipients are required to comply with all the obligations set out in the Funding Guidelines, failing which they risk losing their funding. While they are very similar, each branch of the CCP has its own set of Funding Guidelines.
The Funding Guidelines are incorporated by reference into each Funding Agreement. They may be amended from time to time by the Expert Panel. In the event that an Expert Panel makes changes to their Funding Guidelines, the CCP will advise all funding recipients and provide them with the new version. Any updates to the Funding Guidelines are also posted on the CCP website.
Invoicing
Once a matter has been approved for CCP funding and work on the file is underway, the funding recipient may periodically ask the CCP to approve expenses and authorize the disbursement of funds from the lawyer’s trust account, using CCP forms. In order to be eligible for reimbursement, expenses must serve the purpose of advancing the test case as approved by the Expert Panel. Expenses must have been incurred on or after the effective date of funding.
The CCP does not reimburse any costs associated with the preparation of an application for funding or those associated with activities related to public education, community development, promotional activities, lobbying, political advocacy, or media.
Examples of eligible expenses are provided in the Funding Guidelines. These typically include costs related to legal research and drafting, community consultation, evidence development, legal fees, and other costs related to presenting the case in court. These might also included accessibility-related expenses. (Where a beneficiary has applied for and received accessibility funding, these expenses can be disbursed from that envelope of funding.)
The CCP has set the maximum hourly billable rate for professional fees eligible for reimbursement at $250 per hour (before tax).
The CCP can only reimburse travel expenses related to the test case in accordance with its Guidelines on Travel Expenses. In general, only travel expenses related to a court hearing requiring in-person attendance can be reimbursed. The CCP does not reimburse lawyers’ or consultants’ time spent travelling.
When requesting reimbursement of specific expenses by the CCP, funding recipients are required to submit a request for reimbursement to their CCP contact. In order to do so, the funding recipient must submit an Invoice Form, along with proof of the expenses claimed, to the CCP for approval. Proof of expenses may include, for example, an invoice for services rendered or a copy of receipts.
At any time during the file, if you have questions about the eligibility of specific expenses, you are encouraged to communicate with your CCP contact person. When in doubt, it is always best to get in touch before an expense is incurred, in order to confirm that it will be eligible for reimbursement using CCP funds.
Holdbacks
The CCP structures funding in such a way as to ensure that certain benchmarks are met. To that end, CCP funds are subject to the following holdbacks (as outlined in the Funding Guidelines):
| 25% HOLDBACK | 5% HOLDBACK | |
|---|---|---|
| Test case Development Funding | Until all final reports have been received and approved by the CCP. | N/A |
| Litigation funding | Until the hearing of the case on the merits is concluded (or, in the event of an application for leave to appeal, that the application for leave has been decided). | Until all final reports have been received and approved by the CCP. |
| Legal intervention funding | Until the hearing of the intervention is concluded (or, in the event of an application for leave to intervene, that the application for leave has been decided). | Until all final reports have been received and approved by the CCP. |
| Accessibility funding | The CCP does not hold back any amount of accessibility funding. | The CCP does not hold back any amount of accessibility funding. |
Reporting
Funding recipients are required to keep the Court Challenges Program informed about developments in their CCP-funded matter. In order to do so, they must submit annual progress reports to your CCP contact, with the first report being due 12 months after the signature of the Funding Agreement. Since test case development files are expected to be completed within twelve months, unless the CCP has granted an extension of time to complete the file, there is not usually an obligation to submit a progress report. If an extension is granted, your CCP contact will let you know how this affects your reporting obligations.
In addition to annual reporting obligations, funding recipients are required to advise the CCP of any significant updates or changes in the funded case. This includes providing the CCP with any document to be filed with the court or tribunal at least 7 days before they are filed, and a copy of any written decision rendered in the case within 7 business days.
As soon as possible upon the conclusion of the funded matter, recipients are required to submit to the CCP a final report and a final financial report, as well as the additional documents required by Part D of the Final Report form. These reports must be completed on the CCP reporting forms.
If you have questions about your reporting obligations or to provide an update about your funded matter, please contact your CCP contact.
Additional Funding
Funding recipients who initially received less than the maximum amount for their funding category, and who, over the course of the funded file need more financial resources, can apply for additional funding up to the maximum available for that category of funding (pursuant to section 4 of the applicable Funding Guidelines).
For example, if a funding recipient initially received $75,000 for a first-instance litigation file and realizes that they need more funding to get their case to hearing, they can apply for additional funding: up to $75,000 more under the Official Languages branch (to the established maximum of $150,000) or up to $125,000 more under the Human Rights branch (to the established maximum of $200,000).
To apply for additional funding, a funding recipient must submit an application in writing (using the relevant form) that includes a detailed explanation of the reasons for the request and an updated budget. Like any funding application, the relevant Expert Panel decides on whether and how much additional funding is granted.
Extraordinary Funding
Recipients of first-instance litigation funding who have already received the maximum amount of funding for that category, and who over the course of the funded file encounter exceptional circumstances requiring more financial resources to complete the file, can apply for extraordinary funding pursuant to section 5 of the applicable Funding Guidelines.
To apply for extraordinary funding, a recipient must submit an application in writing on the relevant form that includes a detailed explanation of the exceptional circumstances that have given rise to a need for more funding, as well as an updated budget. In this context, “exceptional circumstances” are extraordinary and unexpected steps that have become necessary to permit the case to be pursued for the purposes for which it was funded. These might include, for example, significant and unexpected motions or interlocutory appeals.
Like any funding application, the relevant Expert Panel decides on whether and how much extraordinary funding is granted.