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Canada–Alberta Agreement On French-Language Services 2023–24 to 2027–28

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Between: His Majesty the King in Right of Canada, hereinafter called “Canada”, represented by the Minister of State (Official Languages),

And: His Majesty the King in Right of Alberta, hereinafter called “Alberta”, represented by the Minister of Arts, Culture and Status of Women.

“Canada” and “Alberta” are referred to individually as a “Party” or collectively as the “Parties”.

Whereas English and French are the official languages of Canada, as recognized in the Canadian Charter of Rights and Freedoms and the Official Languages Act (Canada), and Canada acknowledges its responsibilities and commitments to those languages;

Whereas Alberta adopted a first French Policy in 2017 that acknowledges the past, present and continued social, cultural and economic contributions of the province’s significant and diverse French-speaking population and whereby, through meaningful engagement, dialogue, and collaboration, the government is committed to enhancing services in French to support the vitality of the Francophonie in Alberta in a targeted and sustainable manner as resources allow;

Whereas Canada mandates the Department of Canadian Heritage to co-operate within the framework of its Official Languages Act and its official languages policy with provincial and territorial governments and with organizations and institutions in Canada to advance the equality of status and use of English and French in Canadian society and to enhance the vitality and promote the development and ensure the full participation of official language minority communities in Canadian society;

Whereas the Parties wish to continue their collaboration on minority-language services;

Whereas the Parties wish to establish, through this Agreement, a general framework for the planning and implementation of various measures to support the development and enhance the vitality of the Francophone community of Alberta through the delivery of French-language services;

Whereas the Parties are members of the Ministers’ Council on the Canadian Francophonie and agree to support the development and delivery of Alberta government services in French.

Therefore, this Agreement confirms that the Parties hereto agree as follows:

1. Purpose of Agreement

1.1 The purpose of this Agreement is to establish a new multi-year collaboration framework between the Parties to support the planning and delivery of Alberta government French-language services aimed at contributing to the development and enhancing the vitality of the Francophone community of Alberta, as presented in the Strategic Plan set out in Schedule C to this Agreement.

1.2 Subject to the provisions of this cost-sharing Agreement, Canada agrees to contribute to a portion of the eligible expenditures incurred by Alberta to implement the initiatives included in its multi-year Strategic Plan (Schedule C).

2. Maximum amount of Canada’s financial contribution

2.1 Subject to all terms and conditions in this Agreement, Canada agrees to contribute to the eligible expenditures incurred by Alberta for the purposes set out in Section 1 of this Agreement. Canada’s total financial contribution shall not exceed the lesser of eleven million two hundred and forty-eight thousand nine hundred and eighty-five dollars ($11,248,985) or 50% of the total eligible expenditures incurred over the term of this Agreement.

Table 1: Breakdown of the Annual Financial Contribution
Fiscal Year Contribution
2023–24 $2,249,797
2024–25 $2,249,797
2025–26 $2,249,797
2026–27 $2,249,797
2027–28 $2,249,797
Total $11,248,985

2.2 Canada’s financial contribution will be less than or equivalent to Alberta’s financial contribution for the implementation of its Strategic Plan (Schedule C).

2.3 If funds in addition to Canada’s contribution outlined in subsection 2.1 are made available during the term of this Agreement, the Agreement may be amended accordingly. Any increase in Canada’s financial contribution will be less than or equivalent to Alberta’s financial contribution to implement its revised Strategic Plan (Schedule C). The Parties will agree on an updated Strategic Plan (Schedule C) that reflects the new investments.

2.4 For each fiscal year covered by this Agreement, Canada may provide Alberta with financial support over and above the amounts identified in subsection 2.1 of this Agreement, for special measures or projects proposed by Alberta, subject to approval by the federal minister. Those measures and projects must be included in a document to be attached to Alberta’s Strategic Plan (Schedule C) and will form an integral part thereof.

2.5 Complementary contributions

2.5.1 Canada reserves the right to approve complementary contributions in addition to the amounts identified in subsection 2.1 of this Agreement during the term thereof. Under this Agreement, complementary contributions include funding made available to the provincial and territorial governments for such purposes as:

2.5.1.1 one-time, non-recurring special projects that contribute to the creation of new provincial official language services in minority settings, to the creation of new Alberta government services in the minority language or to collaboration and sharing of expertise on minority-language services between provincial governments; and

2.5.1.2 one-time, non-recurring projects that contribute to strengthening the cultural, artistic and heritage expressions of official language minority communities and to ensuring outreach of the wealth and diverse cultural, artistic and heritage expressions of official language minority communities through the Community Cultural Action Fund of the Development of Official-Language Communities Program.

2.5.2 Unless otherwise specified, any complementary contributions from Canada will be less than or equivalent to Alberta’s financial contributions during the term of the project in question.

2.5.3 Canada agrees to honour multi-year commitments made for specific projects with Alberta during the term of this Agreement but expiring after the years covered by this Agreement. The payment terms described in this Agreement will continue to apply unless the Parties mutually agree to amend them in the subsequent bilateral Agreement with Alberta. Any payment for these projects shall be subject to the ratification of a bilateral Agreement with Alberta covering the period targeted by the payment.

2.5.4 Those special projects must be included in an appendix to be attached to Alberta’s Strategic Plan (Schedule C) and will form an integral part thereof.

2.5.5 The provision of complementary contributions as described in paragraph 2.5.1 shall not result in any adjustment to the funding provided for and within the budgets described in subsection 2.1 of this Agreement.

2.6 The Administrative Procedures and Conditions governing the payment of Canada’s contribution are included in Schedule A to this Agreement.

3. Term

3.1 This Agreement will take effect when all the Parties have signed this Agreement and will cease, subject to its termination on a prior date, one year (365 days) after the expiration of the activity period as indicated in subsection 3.2 of this Agreement.

3.2 Subject to termination, this Agreement covers the activities described in the Strategic Plan (Schedule C) of this Agreement for the period commencing on April 1st, 2023, and ending on March 31st, 2028. Unless otherwise pre-authorized by Canada, only goods and services rendered within this time period shall be considered for funding as eligible expenditures.

3.3 All the obligations of the Parties shall, expressly or by their nature, survive termination or expiry of this Agreement, until and unless they are fulfilled or by their nature expire.

4. Strategic Plan

4.1 The multi-year Strategic Plan (Schedule C) includes a preamble that outlines the provincial context, the issues on which Alberta intends to act, strategic priorities, progress made by the end of the previous Agreement, and considerations and objectives for the 2023–‍24 to 2027–‍28 Agreement period. It also includes a description of the consultation process carried out with official language minority communities.

4.2 Alberta develops and submits its Strategic Plan (Schedule C) in the manner Alberta deems to be most appropriate to its particular circumstances. If there is a need, in Canada’s opinion, to clarify and determine the relevance of the information provided, Alberta agrees to hold discussions with Canada.

5. Reduction/Termination of this Agreement

5.1 Notwithstanding Canada’s obligation to make any payment provided for in this Agreement, Canada’s obligation is subject to the appropriation of funds by the Parliament of Canada and to the maintenance of current and forecast budget levels for the Development of Official-Language Communities Program.

5.2 In the event of a reduction or termination of the funding of this program as evidenced by any appropriation act or the federal Crown’s Main and Supplementary Estimates expenditures, Canada may, upon giving Alberta written notice of ninety (90) days, reduce the funding or terminate this Agreement. Subject to the terms and conditions of this Agreement, in the event that funding is terminated under this program, Canada shall reimburse Alberta for any eligible costs incurred up to the end date of that notice period. Notwithstanding any other provision of this Agreement, the financial obligations of Canada shall cease at the end of the notice period.

5.3 In the event of a reduction or termination of the funding of the measures included in Alberta’s Strategic Plan (Schedule C) as evidenced by any appropriation act or the provincial Crown’s main and supplementary estimates expenditures, Alberta may, upon giving Canada written notice of ninety (90) days, reduce the funding or terminate this Agreement. Subject to the terms and conditions of this Agreement, in the event of reduced funding, Canada may reduce its matching contribution to match Alberta’s reduction or ask for a return in accordance with section 6 of Schedule A if there is an overpayment following this reduction. Notwithstanding any other section under this Agreement, the financial obligations of both Parties shall cease at the end of the notice period in the event this Agreement is terminated.

6. Eligible expenditures

6.1 For the purposes of this Agreement, eligible expenditures may include, among others, expenditures related to the planning, study, research, development and implementation of the activities supporting the execution of Alberta’s Strategic Plan (Schedule C).

7. Coordination

7.1 The Parties agree to discuss the results and activities conducted within the framework of this Agreement, at a mutually agreed upon time before the close of each fiscal year covered by this Agreement. The Parties may, at that time, if necessary, agree to any amendments to be made to the Strategic Plan (Schedule C).

8. Liability of Canada and Alberta

8.1 Neither of the Parties shall be liable for any injury, including death, or for any loss or damage to the property of the other Party or anyone else that occurs through the implementation of this Agreement by Alberta unless such injury, loss or damage is caused by the negligence, wilful misconduct or bad faith of one of the Parties, their ministers, or their employees, officers or agents.

8.2 Canada disclaims itself from any liability in the event that Alberta concludes a loan, rent-to-own contract or any other long-term contract involving the activities for which the contribution is granted in this Agreement.

9. Indemnification

9.1 Alberta shall indemnify Canada, the federal minister and their employees, officers or agents, and release them from any liability for claims, losses, damages, expenditures and costs related to any injury or death, or loss or damage to property caused by Alberta or its employees, officers or agents in carrying out the activities described in this Agreement.

9.2 Canada shall indemnify Alberta, the Minister of Arts, Culture and Status of Women and their employees or agents, and release them from any liability for claims, losses, damages, expenditures and costs related to any injury or death, or loss or damage to property caused by Canada or its employees or agents in carrying out the activities described in this Agreement.

10. Dispute resolution

10.1 In the event of a dispute arising under the terms of this Agreement, the Parties agree to make a good faith attempt to settle the dispute through negotiation or through another mechanism agreed upon by the Parties and/or its delegates.

11. Breach of commitments and recourse

11.1 The following constitute breach of commitments:

11.1.1 The Parties, directly or through their representatives, make or made, otherwise than in good faith, a false declaration, or a misrepresentation; or

11.1.2 One of the conditions or commitments included in this Agreement has not been fulfilled; or

11.1.3 Canada suspends or withholds for no legitimate reason payments of its contribution with respect to amounts already owing or future payments.

11.2 In the event of breach of commitments, Canada may avail itself of the following remedies:

11.2.1 Reduce Canada’s contribution to Alberta and inform it accordingly;

11.2.2 Suspend any payment of Canada’s contribution, either with respect to amounts already owing or future payments; and

11.2.3 Rescind this Agreement and immediately terminate any financial obligation arising out of it.

11.3 In the event of breach of commitments, Alberta may avail itself of the following remedies:

11.3.1 Suspend some activity provided for in the Strategic Plan (Schedule C); and

11.3.2 Rescind this Agreement and immediately terminate any financial obligation arising out of it.

11.4 Where either Party determines that the other Party is in breach of its commitments, notice to that effect may be transmitted to the Party to which the breach is attributed so that remedial action may be taken before any remedies are exercised.

12. Assignment

12.1 This Agreement, and any benefit thereunder, may not be assigned without prior written approval from both Parties.

13. Applicable statutes

13.1 This Agreement shall be governed by and interpreted in accordance with the applicable statutes in the Province of Alberta.

14. Notice

14.1 Any notice, request, information or any other document required under this Agreement shall be deemed given if it is delivered or sent by email or mail. Any notice delivered in person shall be deemed to have been received upon delivery; any notice sent by email shall be deemed to have been received one (1) working day after it is sent; and any notice that is mailed shall be deemed to have been received eight (8) working days after being mailed.

14.2 All notices shall be sent to the following addresses:

Alberta
Department of Arts, Culture and Status of Women
Francophone Secretariat
905 – 10405 Jasper Avenue, 9th Floor
Edmonton, AB  T5J 4R7
Canada
Department of Canadian Heritage
Official Languages Branch
15 Eddy Street
Gatineau, QC  J8X 4B3

15. Amendment or termination

15.1 The Parties may, upon a notice of 90 days, and with mutual written consent and the necessary approvals, amend or terminate this Agreement. To be valid, any amendment to this Agreement shall be in writing and shall be signed by the Parties hereto or by their duly authorized representatives, while this Agreement is in effect.

16. Counterparts

16.1 This Agreement may be executed in counterparts, in which case (i) the counterparts together shall constitute one original Agreement, and (ii) communication of execution emailed in PDF shall constitute good delivery.

17. Content of Agreement

17.1 This Agreement is concluded in English and French with both versions being authoritative.

17.2 This Agreement, including the following schedules that form an integral part of this Agreement and subsequent amendments thereto, constitutes the entire Agreement between the Parties. This Agreement supersedes all previous and future documents, negotiations, understandings, and undertakings related to its subject matter. The Parties acknowledge having read this Agreement and agree with its content.

In witness whereof, the Parties hereto have signed this Agreement on the following dates.

On behalf of Canada
The Honourable Randy Boissonnault
Minister of State (Official Languages)

On behalf of Alberta
The Honourable Tanya Fir
Minister of Arts, Culture and Status of Women
Minister responsible for the Francophone Secretariat

Approved pursuant to the Government Organization Act (Alberta):

Intergovernmental Relations, Executive Council

Schedule A: Administrative procedures and conditions

1. Payment terms

1.1 Strategic Plan

Canada’s contributions to Alberta’s Strategic Plan (Schedule C) referred to in subsection 2.1 of this Agreement shall be paid as follows:

First payments

  1. For fiscal year 2023–24, an initial advance payment representing the totality (100%) of Canada’s contribution for that fiscal year shall be made following the production of Alberta’s Strategic Plan (Schedule C) and the signing of this Agreement, provided that the requirements for the previous payments related to the Canada–Alberta Agreement on French-Language Services 2021–22 to 2022–23 have been met.
  2. For fiscal year 2024–25, an initial advance payment representing one half (50%) of Canada’s contribution for that fiscal year shall be made following the production, if necessary, of an updated Strategic Plan (Schedule C) and reception of a final report on results and actual expenditures for 2023–24.
  3. For each subsequent fiscal year, an initial advance payment representing one half (50%) of Canada’s contribution for that fiscal year shall be made following the production, if necessary, of an updated Strategic Plan (Schedule C), provided that the requirements for the previous payments have been met.

Second and final payments

  1. For each fiscal year of this Agreement, a second and final advance payment not exceeding the balance of Canada’s contribution for that fiscal year shall be made following the production of a final report on results and actual expenditures for the fiscal year in question.

1.2 Special projects

Canada’s contribution to Alberta for the special projects referred to in subsection 2.4 of this Agreement shall be paid in accordance with the following breakdown:

1.2.1 For one-year projects:

  1. An initial advance payment representing one half (50%) of Canada’s contribution for that fiscal year shall be made following approval of the project by Canada.
  2. A second and final payment not exceeding the balance of Canada’s contribution for that fiscal year shall be made following the production of a final report on results and actual expenditures incurred by Alberta for the fiscal year in question.

1.2.2 For multi-year projects:

First payments

  1. An initial advance payment representing one half (50%) of Canada’s contribution for the current fiscal year shall be made following approval of the project by Canada.
  2. For subsequent fiscal years, an initial advance payment representing one half (50%) of Canada’s contribution for those fiscal years shall be made, provided that the requirements for the previous payments have been met.

Second and final payments

  1. for each fiscal year, a second and final advance payment not exceeding the balance of Canada’s contribution for that fiscal year shall be made following the production of a final report on results and actual expenditures for the fiscal year in question.

1.3 Alberta agrees to provide Canada, by March 31 of each year, with confirmation that the planned expenditures for the current fiscal year have, in fact, been incurred in accordance with the terms of this Agreement. The attestation form, to be provided by Canadian Heritage, shall be signed by a person duly authorized by Alberta.

2. Transfers

2.1 Alberta may transfer funds between measures for the same strategic objective of the Strategic Plan (Schedule C).

2.2 Alberta may transfer funds between objectives in the Strategic Plan (Schedule C) if none of the objectives impacted by the transfer(s) is subject to an increase or decrease exceeding 25% of the annual contribution allocated to each one.

2.3 The Parties may agree, in writing, no later than February 15 of the fiscal year in question, to transfer funds between objectives in the Strategic Plan (Schedule C) if at least one objective impacted by the transfer(s) is subject to an increase or decrease exceeding 25% of the annual contribution allocated to it. Alberta agrees to hold discussions with Canada to clarify the impact of the proposed transfer(s) on the expected results of the targeted objective. The Parties agree to update the Strategic Plan (Schedule C) to reflect the changes, if necessary.

2.4 Alberta agrees to make no transfer between the funding provided in subsection 2.1 of this Agreement for Alberta’s Strategic Plan (Schedule C) and the contributions for special projects provided by Canada as part of the provisions of subsection 2.3 of this Agreement.

3. Accountability

3.1 The Parties agree that they must be accountable to the public, to the Parliament of Canada and to the Legislative Assembly of Alberta for the proper use of the funds provided under this Agreement and for the results achieved by those investments.

3.2 The final reports on results and actual expenditures shall be approved by a person duly authorized by Alberta. Alberta agrees to provide final reports in the manner it deems most appropriate in its particular circumstances. The Parties shall hold further discussions if clarifications or additional information are requested. Alberta agrees to update the relevant documents, if necessary.

3.3 It is agreed that within six (6) months following the end of each fiscal year of this Agreement, Alberta shall provide Canada with a final report on the results for each fiscal year, based on the measures, performance indicators, targets and results set forth in the Strategic Plan (Schedule C), and on the actual expenditures.

3.4 In the context of this Agreement, Alberta agrees to keep accounts and documents up to date and in due form in accordance with provincial records management standards.

4. National reports on results

4.1 Canada reserves the right to produce and publish a national report on best practices and progress made within the framework of the Development of Official-Language Communities Program.

4.2 Canada agrees to consult Alberta through the Intergovernmental Network of the Canadian Francophonie on the report’s development and production schedule.

4.3 Canada agrees to consult Alberta to agree on the content of the elements of the national report that are specific to Alberta.

5. Overpayment

5.1 The Parties agree that, if payments made to Alberta exceed the amounts to which Alberta is entitled during the term of this Agreement, the overpayment shall constitute a debt to Canada and shall be returned to Canada.

5.2 Where any amount owing to Canada has not been repaid or reimbursed under this Agreement, an equivalent amount may be retained by Canada from the remaining payments due to Alberta under this Agreement only. Should all payments due to Alberta under this Agreement be made, Alberta shall forward a reimbursement cheque to Canada for the amount of the overpayment, payable to the Receiver General for Canada.

6. Financial audits

6.1 In the event a financial audit is deemed necessary within a period of up to five (5) years after the end of this Agreement, the Parties agree that it would be conducted by the Auditor General of Alberta.

7. Evaluation

7.1 Alberta is responsible for any evaluation of measures funded under this Agreement and shall determine the scope of the evaluation and the methodology and procedures to be used. Alberta agrees to provide Canada with a copy of any evaluation reports.

7.2 Canada is responsible for evaluating the Development of Official-Language Communities Program. Information relevant to this evaluation will be drawn from the annual reports on results produced by Alberta.

7.3 Canada and Alberta may agree on a joint evaluation for all or some of the measures funded under this Agreement. In such cases, the Parties shall fund the evaluation in compliance with the cost-sharing procedures provided for in subsection 2.1 of this Agreement.

8. Consultations

8.1 Alberta frequently conducts consultations with the Francophone community and agrees to include in the preamble to its Strategic Plan (Schedule C) information on the level of community involvement in the development of its overall strategy, the preparation of the plan and its revision, if necessary.

Schedule B: Communications

1. Public information

1.1 The Parties agree that once signed, this Agreement, including the Strategic Plan (Schedule C), the related reports, evaluations, audits and other reviews regarding this Agreement, may be made available to the public with the approval of both Parties.

2. Joint communications

2.1 The Parties shall designate communications contacts who will be responsible for overseeing coordinated communications to the Canadian public.

2.2 Any announcement of the approved funding as well as subsequent public communications on this Agreement shall be agreed to by both Parties.

2.3 Alberta shall provide Canada with an opportunity to participate in milestone events related to this Agreement and shall inform Canada of the proposed activities planned for these events.

2.4 All joint communications material shall be approved by both Parties prior to release and shall recognize equally the financial contributions of each Party.

2.5 The Parties agree that joint communications and publications relating to this Agreement shall be available in English and French in separate formats.

3. Individual communications

3.1 Notwithstanding Section 2 of this Schedule, the Parties retain the right to meet their respective obligations to communicate information to Canadians and Albertans about this Agreement and the use of funds through their own communications activities.

3.2 The Parties shall recognize their respective financial contribution to this Agreement when conducting public communications, including, but not limited to, speeches, news releases, public announcements, websites and reports from provincial ministries and agencies.

3.3 The Parties agree that communications and publications intended for the public regarding this Agreement shall be available in both official languages.

4. Media relations

4.1 The Parties shall share information promptly should significant media inquiries be received, or emerging media or stakeholder issues arise in relation to this Agreement

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2025-11-28