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Canada–Nunavut Agreement on French-Language Services 2024–2025 to 2027–2028

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This Agreement was concluded in English and in French this 12th day of March 2025,

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

And: The Government of Nunavut, hereinafter called “Nunavut,” represented by the Minister of Culture and Heritage and Minister responsible for Language.

“Canada” and “Nunavut” 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 in the Official Languages Act (Canada), and Canada acknowledges its responsibilities and commitments to them;

Whereas by virtue of the Nunavut Land Claims Agreement, signed on May 25, 1993, and the Nunavut Act, S.C. 1993, c.28, as amended, Nunavut was established on April 1, 1999;

Whereas the Nunavut Legislative Assembly assented to two new statutes, namely the Official Languages Act, S.Nu., 2008, c.10, and the Inuit Language Protection Act, S.Nu., 2008, c.17, and the Parliament of Canada concurred with this new Official Languages Act on June 11, 2009, in accordance with the requirements under the Nunavut Act;

Whereas sections 23 (1)(t) of the Nunavut Act and 14 (1) of the Official Languages Act (Nunavut), S.Nu., 2008, c.10, authorize the Government of Nunavut to enter into Agreements with the Government of Canada respecting the implementation of the Official Languages Act (Nunavut);

Whereas according to the statutory requirements of the Inuit Language Protection Act and the new Official Languages Act (Nunavut), the Government of Nunavut Department of Culture and Heritage has developed a Comprehensive Languages Implementation Plan to address and coordinate all government activities and resources needed to implement and administer Nunavut’s language legislation, with emphasis on the goals and objectives of Inuit to increase access to government services in the Inuit Language;

Whereas Canada co-operates 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 and to promote the development and ensure the full participation of official-language communities in Canadian society;

Whereas the Department of Canadian Heritage has the mandate on behalf of the Government of Canada to co-operate with provincial and territorial governments in order to foster the full recognition and use of English and French in Canadian society and to enhance the vitality and support the development of official-language minority communities across Canada, and to promote a coordinated approach by federal institutions in pursuit of these objectives;

Whereas the Department of Canadian Heritage has the mandate to help Indigenous peoples of Canada to define and to work in partnership in resolving their linguistic needs and to encourage and assist development concerning the linguistic heritage of Inuit communities in Nunavut;

Whereas Canada wishes to continue its collaboration with the provinces and territories on minority-language services;

Whereas the Indigenous Languages Act enables collaboration with Indigenous governments and organizations and Provinces/Territories to support the reclamation, revitalization, maintenance and strengthening of Inuit languages;

Whereas the Government of Canada is committed to achieving reconciliation with the Inuit through a renewed nation-to-nation, government-to-government relationship based on recognition of rights, respect, co-operation, and partnership as the foundation for transformative change;

Whereas the Parties recognize the importance of establishing, for the duration of the Agreement, and thereafter, the framework of collaboration relating to French and Inuit languages, for Nunavut;

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

Whereas the Parties have recognized the importance of the recognition, revitalization, preservation, use and development of Inuit language, and wish to arrive at a satisfactory arrangement for the continuation of the provision of funding for respecting the implementation of the official languages acts of Nunavut and Canada;

And whereas provincial and territorial governments that are members of the Ministerial Conference on the Canadian Francophonie made a commitment in July 2021 to develop more online services in French and to report on their progress in 2024.

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

1. Purpose of the Agreement

1.1 The purpose of this Agreement is to provide a collaboration framework between Parties to support the planning and delivery of French-language territorial services aimed at contributing to the development and enhancing the vitality of the Francophone community of Nunavut, as presented in the action plan set out in Schedule C of this Agreement, as well as to support the revitalization, maintenance and enhancement of the Inuit language, as presented in the action plan set out in Schedule D of this Agreement.

2. Purpose of the contribution

2.1 Subject to the provisions of this Agreement, Canada agrees to pay a portion of the eligible expenditures incurred by Nunavut to implement its action plans (Schedules C and D).

3. Action plans

3.1 The multi-year action plans (Schedules C and D) include a preamble which outlines the territorial context, the issues on which Nunavut intends to act, strategic priorities, progress made by the end of the previous Agreement, and considerations and objectives for the 2024–25 to 2027–28 Agreement period. It also includes a description of the consultation process carried out with Francophone and Inuit communities.

4. Maximum amount of the contribution

4.1 Subject to the appropriation of funds by Parliament, to the maintenance by Canada of current and forecasted budget levels to March 31, 2028, for the sub-component of the Development of Official-Language Communities Program and for the Indigenous Languages and Cultures Program under which this Agreement is funded, and to the Administrative Procedures and Conditions in Schedule A of this Agreement, Canada agrees to contribute to the eligible expenditures incurred by Nunavut in implementing its action plans (Schedules C and D) for the purposes described in Section 1 of this Agreement, for the period 2024–25 to 2027–28, an amount not to exceed the lesser of thirty-four million three hundred thirty-three thousand and forty-four dollars ($34,333,044) or the total of the eligible expenditures incurred by Nunavut in implementing its action plans (Schedules C and D).

4.2 The amounts allocated to this Agreement for French and Inuktut languages shall be as follows:

Table 1: Breakdown of the Annual Financial Contribution
Fiscal Year Schedule C French Language Schedule D Inuktut Language
2024–25 $4,483,044 $5,100,000
2025–26 $3,150,000 $5,100,000
2026–27 $3,150,000 $5,100,000
2027–28 $3,150,000 $5,100,000
Total $13,933,044 $20,400,000

4.3 If funds in addition to the Canada’s contribution outlined in subsections 4.1 and 4.2 are made available during the term of this Agreement, the present Agreement may be amended accordingly. The Parties will agree to update the multi-year action plans (Schedules C and D) to reflect the new investments.

4.4 Complementary contributions

4.4.1 Canada reserves the right to approve complementary contributions in addition to the amounts identified in subsection 4.1 and 4.2 of this Agreement during the term thereof for special measures or projects proposed by Nunavut, subject to approval by Canada. Those measures and projects must be included in a document to be attached to Nunavut’s action plans (Schedules C and D) will form an integral part thereof. For the purposes of this Agreement with regards to French-languages services, complementary contributions include funding made available to the provincial and territorial governments for such purposes as:

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

4.4.1.2 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.

4.4.2 Canada agrees to honour multi-year commitments made for specific projects with Nunavut 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 Nunavut. Any payment for these projects shall be conditional on a bilateral Agreement with Nunavut being in place, covering the period targeted by the payment.

4.4.3 The provision of complementary contributions as described in paragraph 4.4.1 shall not result in any adjustment to the funding provided for and within the budgets described in subsection 4.1 of this Agreement.

4.5 Subject to the appropriation of funds by the Legislative Assembly of Nunavut and the maintenance of current and forecasted budget levels of the Department of Culture and Heritage, Nunavut agrees to contribute to the eligible expenditures incurred under the terms of its action plans (Schedules C and D).

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

5. Eligible expenditures

5.1 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 Nunavut’s action plans (Schedules C and D).

6. Coordination

6.1 The Parties agree to meet at a mutually agreed-upon time preceding the close of the fiscal year covered by this Agreement to discuss results and activities conducted within the framework of this Agreement. At that time, the Parties may, if necessary, agree to any amendments to be made to the action plans (Schedules C and D).

7. Approved initiatives and budgets

7.1 The Parties agree that the contributions referred to in subsections 4.1, 4.2 and 4.4 of this Agreement apply only to the initiatives described in Nunavut’s action plans (Schedules C and D), based on the federal and territorial budget breakdown provided in this Agreement.

8. Partnership

8.1 The Parties recognize that this Agreement does not constitute an association with the intent to establish a partnership or a joint venture nor to create an agency relationship between Canada and Nunavut.

9. Liability of Canada and Nunavut

9.1 Neither 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 Nunavut, 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.

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

10. Indemnification

10.1 Nunavut shall indemnify Canada, the federal ministers 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 Nunavut or its employees, officers or agents in carrying out in good faith the activities described in this Agreement.

10.2 Canada shall indemnify Nunavut, the territorial 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 Canada or its employees, officers or agents in carrying out in good faith the activities described in this Agreement.

11. Dispute resolution

11.1 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. If the Parties cannot resolve the dispute through negotiation, they agree to submit to mediation. The Parties shall bear the cost of mediation equally.

12. Breach of commitments and recourse

12.1 The following constitute breach of commitments:

12.1.1 The Parties, directly or through its representatives, makes or made, otherwise than in good faith, a false declaration or a misrepresentation to Canada; or

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

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

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

12.2.1 Reduce Canada’s contribution to Nunavut and inform it accordingly;

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

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

12.3 In the event of breach of commitments, Nunavut may avail itself of the following remedies:

12.3.1 Suspend some activity provided for in the action plans (Schedules C and D); and

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

12.4 The fact that one of the Parties refrains from exercising a remedy it is entitled to exercise under this Agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred on it shall not prevent it in any way in the future from exercising any other right or remedy under this Agreement or other applicable law.

12.5 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.

13. Assignment

13.1 This Agreement, and any benefit thereunder, may not be assigned without prior written approval from Canada.

14. Applicable statutes

14.1 This Agreement shall be governed by and interpreted in accordance with the applicable statutes in Nunavut.

15. Notice

15.1 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.

15.2 All notices shall be sent to the following addresses:

Nunavut
Pierre Ducy
Director, Official Languages
Department of Culture and Heritage
Government of Nunavut
Post Office Box 1000, Station 800
Iqaluit, NU  X0A 0H0
pducy@gov.nu.ca
Canada
Brigitte Gibson
Regional Director General
Prairies and Northern Region
Department of Canadian Heritage
Post Office Box 2160
Winnipeg, MB  R3C 3R5
brigitte.gibson@pch.gc.ca

16. Term

16.1 This Agreement binds Nunavut and Canada for the period starting April 1, 2024, and ending on March 31, 2028, and all contributions to be provided by Canada in accordance with the provisions of this Agreement are to be applied only to the initiatives implemented and the expenditures incurred by Nunavut in carrying out its action plans (Schedules C and D).

17. Amendment or termination

17.1 The Parties may, with mutual written consent, amend or terminate this Agreement during the life of the said Agreement.

18. Content of Agreement

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

In witness whereof, the Parties hereto have signed this Agreement on the date that appears on the first page.

On behalf of Canada

The Honourable Pascale St-Onge
Minister of Canadian Heritage

The Honourable Rachel Bendayan
Minister of State (Official Languages)

On behalf of Nunavut

The Honourable P. J. Akeeagok
Premier
Minister of Culture and Heritage
Minister of Indigenous Affairs
Minister of Languages

Schedule A – Administrative Procedures and Conditions

1. Payment terms

1.1 Action Plans

1.1.1 Canada’s contributions to Nunavut’s action plans (Schedules C and D), referred to in subsections 4.1 and 4.2 of this Agreement, shall be paid as follows:

  1. for fiscal year 2024–25, an initial payment representing one half (50%) of Canada’s contribution shall be made following the production of the Nunavut’s action plans (Schedules C and D) and signing of this Agreement and provided that requirements for the previous payments related to the Canada–Nunavut Agreement on French Language Services and Inuktut Language 2022–23 to 2023–24 have been met;
  2. for subsequent fiscal years, an initial payment representing one half (50%) of Canada’s contribution for that fiscal year shall be made following the production, if necessary, of updated actions plans (Schedule C and D) and provided that requirements for the previous payments have been met; and,
  3. for each fiscal year, a second and final payment not exceeding the balance of Canada’s contribution, 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

1.2.1 Canada’s complementary contribution to Nunavut for the special projects referred to in subsection 4.4 of this Agreement shall be paid in accordance with the following breakdown:

1.2.2 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 made by Nunavut for the fiscal year in question.

1.2.3 For multi-year projects:

  1. an initial advance payment representing one half (50%) of Canada’s contribution for the first fiscal year of the project shall be made following Canada’s approval;
  2. for subsequent fiscal years, a first advance payment representing one half (50%) of Canada’s contribution for that year shall be made provided that requirements for the previous payments have been met;
  3. for each fiscal year, 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 expenditures made by Nunavut for the covered fiscal year.

1.3 Expenditure forecasts before March 31st

1.3.1 Nunavut agrees to provide Canada, before March 31 of each fiscal 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 Nunavut.

2. Transfers

2.1 Nunavut can transfer funds between initiatives for the same objective.

2.2 Nunavut can transfer funds between objectives within a same action plan (either Schedule C or D) if none of the objectives impacted by the transfer(s) are subject to an increase or decrease exceeding 15% of the amount of the annual contribution allocated for each one.

2.3 The Parties can agree in writing, no later than February 15 of the fiscal year in question, to transfer funds between objectives within the same action plan (either Schedule C or D) 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 each one.

2.4 The Parties agree that the transfers targeted by subsections 2.1, 2.2 and 2.3 shall not jeopardize achievement of the expected results in the action plans (Schedules C and D).

2.5 Nunavut agrees to make no transfer between the funding provided in subsections 4.1 and 4.2 of this Agreement for Nunavut’s action plans (Schedules C and D) and the contributions for special projects provided by Canada as part of the provisions of subsection 4.4 of this Agreement.

3. Financial Statements and Reports on Results

3.1 Interim financial statements and final reports on results and actual expenditures shall be approved by a person duly authorized by Nunavut. Nunavut shall provide interim financial statements and final reports using templates provided by the Department of Canadian Heritage. Canada and Nunavut will hold further discussions if clarifications or additional information are requested.

3.2 It is agreed that within six (6) months following the end of each fiscal year of this Agreement, Nunavut shall provide Canada with a final report on the results and actual expenditures of each fiscal year, based on the initiatives, performance indicators, targets and outcomes set forth in the action plans (Schedules C and D).

3.3 The financial statements shall separately present the budget established for each measure set forth in the strategic plans (Schedules C and D), federal and territorial contributions, and, for each measure, all expenditures incurred by Nunavut, including those incurred before the signing of this Agreement. The financial statements shall be prepared in accordance with generally accepted accounting principles.

3.4 In the context of this Agreement, Nunavut agrees to keep accounts and documents up to date and in due form in accordance with territorial 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 and the Indigenous Languages and Cultures Program.

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

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

5. Overpayment

5.1 The Parties agree that, if payments made to Nunavut under this Agreement exceed the amounts to which Nunavut is entitled, the overpayment shall be returned to Canada, failing which Canada may reduce its future contributions to Nunavut by an equivalent amount.

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 Canada.

7. Evaluation

7.1 Nunavut is responsible for evaluating the initiatives funded under this Agreement and shall determine the scope of the evaluation and the methodology and procedures to be used. Nunavut shall provide Canada with a report on the initiatives evaluated.

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

7.3 The Parties may agree on a joint evaluation for all or some of the initiatives funded under this Agreement.

8. Consultations

8.1 Nunavut has included in the preamble to its action plans (Schedules C and D) information on the level of community involvement in the development of its overall strategy and preparation of its action plans. If there are changes to the action plans during the term of the Agreement, the territory may consult the Francophone and Inuit communities to ensure the changes are in keeping with their priorities.

Schedule B – Communications

1. Public information

1.1 The Parties agree that once signed, this Agreement, including the action plans
(Schedule C and D), the related reports, evaluations, audits and other reviews regarding this Agreement, may be made available to the public by either Party.

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 Nunavut 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 Nunavummiut 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 Nunavut shall take all reasonable initiatives to ensure that any other recipient of Canada’s financial contribution mentions the contributions, wherever appropriate, in any publicity relating to this Agreement.

3.4 The Parties agree to share, at the time of its publication, any public report on services in French and Inuktut that may be produced, to be used as complementary information.

3.5 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