Mr. Speaker, with regard to (a), mitigation actions and measures taken to protect the interests of the Crown when an organization in receipt of the Canadian International Development Agency, CIDA, funding is under legal protection from creditors include conducting an internal, or contracting an external, review and assessment of potential program, legal, fiduciary and political/reputational risks that may arise; alerting the recipient country ministry or partner institution of potential project impacts; reviewing the contractual and performance terms and conditions of the agreement or agreements signed; based on the assessment and severity of the financial situation, developing a risk mitigation and monitoring plan, usually in consultation with the organization or service provider and their lenders, as well as the recipient country ministry or partner institution, if required; obtaining financial statements, forecasts and operational plans from the organization or service provider to closely monitor and track progress in addressing the situation and returning to normal business operations; ensuring that all advance payments are secured by means of irrevocable bank guarantees issued by acceptable financial institutions and that any financial performance guarantees are enforceable, in case of need; and not entering into any new agreements until such time as the organization or service provider has demonstrated their financial capacity, returned to normal business operations and is no longer under the protection of the courts.
With regard to (b), yes, these types of mitigation actions were put in place when the entity was under legal protection from creditors. This entity continues to meet its contractual obligations and is delivering results through its programming. Because the entity referred to in the response to Q-972 was involved in active projects in several countries, CIDA took the following specific measures to protect the interests of the Crown: CIDA established a multi-disciplinary task force to oversee a common, integrated and corporate approach to managing the situation and mitigating potential risks; discussions and meetings were held with senior representatives of the organization, who provided detailed information on the extent and severity of the financial situation, and the likely operational impacts; based on the initial information received, as well as a review of the current status of project implementation, management arrangements and contractual terms and conditions, CIDA completed an internal review and assessment of the fiduciary and other risks across each program; a proactive monitoring and integrated risk management approach was developed and agreed with the organization, which featured open and direct channels of communication at a senior level to provide regular updates on the financial situation and recovery as well as to facilitate the dissemination of information on operational progress across the agency and decision-making on individual projects; in projects where the organization was part of a consortium, the agency agreed, on a non-objection basis, to the transfer or assignment of the lead implementation role to other well-established members or partners, who were jointly and severally liable; for projects where the organization was solely responsible for delivery or implementation, the agency took steps to ensure that all financial and performance guarantees were enforceable, in case of need; as part of its efforts to continue operations and remain a going concern, the organization presented a comprehensive business plan and financial projections that were developed with legal and financial third party advisors, a plan was subsequently validated by independent auditors as part of the due diligence process to attract additional capital; In order to manage fiduciary risks and support the organization’s proposed recovery plan, CIDA was called upon and co-operated with established provincial, institutional and private investors, financial advisors, auditors and commercial lenders at various stages through a financial and capital restructuring; as a necessary part of this exercise, the organization sought and obtained lawful protection from the courts, including a proposal to existing creditors, the vast majority of which voted in favour of the terms and conditions of the settlement offered; and the organization subsequently restructured its capital and, with the support of new investors and shareholders, resumed commercial operations. CIDA continues to monitor progress closely and manage fiduciary risks carefully.