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Canada – Alberta National School Food Program Agreement – 2024 to 2027

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Referred to collectively as the "Parties".

Definitions

"Fiscal Year" means the period commencing on April 1 of any calendar year and terminating on March 31 of the immediately following calendar year.

"Public Communications" means an intentional release of information to the media by Canada, Alberta or by an entity with whom Alberta has an agreement in relation to the National School Food Program or the funding of the National School Food Program by Canada. It includes but is not limited to events, announcements, outreach, marketing and advertising products, news releases, social media, statements, interviews, speaking engagements, presentations, official ceremonies, web pages, publications, reports and signage, including print and digital materials, related to this Agreement and investments financed through this Agreement.

"School Year" means the period covered by school calendars adopted by School Jurisdictions, excluding summer holidays.

"School Jurisdictions" refers to Alberta public and separate school divisions, Francophone Regional Authorities, and public charter schools. Their responsibilities include managing school facilities and resources and delivering culturally relevant learning opportunities and quality support services to students including Indigenous students. School Jurisdictions are responsible for engaging with their Partners when making decisions that affect their school communities.

"Francophone Regional Authorities" refers to the Francophone Regional Authorities in Alberta that are the publicly funded School Jurisdictions that establish and manage French first language education for students whose parents are right holders according to section 23 of the Canadian Charter of Rights and Freedoms.

"Partners" refers to education stakeholders that may include parents, children, school communities, experts, Indigenous peoples, and Official Language Minority Communities.

"Official Language(s)" refers to the Official Languages of Canada: English and French.

Preamble

Whereas, Alberta is responsible for the design and delivery of its education system, including Alberta's School Nutrition program, which follows the Alberta nutrition guidelines for children and youth and provides daily nutritious meals to students in participating schools.

Whereas, Canada and Alberta are committing to work together to implement the National School Food Program in order to enhance and expand Alberta's existing School Nutrition Program notwithstanding that the Government of Alberta has the primary responsibility for the design and delivery of school food programs in Alberta;

Whereas, pursuant to section 10 of the Department of Employment and Social Development Act (DESDA), the federal Minister has the authority to enter into an agreement for the purpose of facilitating the formulation, coordination and implementation of any program or policy relating to the powers, duties and functions conferred by DESDA;

Whereas, the Government Organization Act authorizes the Alberta Minister to enter into agreements with the Government of Canada under which Canada undertakes to provide funding toward costs incurred by the Government of Alberta for the provision of school food programming;

Whereas, Canada has, pursuant to its Policy on Transfer Payments, established a transfer payment program to provide funds to the provincial and territorial governments for the development and delivery of school food programs and services;

Whereas, in recognition of the "Truth and Reconciliation Commission of Canada: Calls to Action", Canada strongly supports and will continue to engage with First Nations, Inuit, Métis governments and organizations, as well as organizations representing, urban and non-affiliated Indigenous peoples;

Whereas, Alberta invests in school food for Indigenous children attending Alberta-operated schools and ensures School Jurisdictions explore opportunities to engage with local Indigenous partners;

Whereas, Canada and Alberta recognize that engaging with francophone education Partners taking into account the uniqueness, diversity and historical and cultural contribution of Official Language Minority Communities, and providing services to them in the Official Language of their choice are critical to the vitality of those communities;

Whereas, the Government of Canada has obligations under the Official Languages Act to provide communications to the public in both Official Languages;

Now therefore, Canada and Alberta agree as follows:

1.0 Vision for a National School Food Program

1.1 Canada and Alberta agree that the investment of funds provided under this Agreement will advance the shared priorities set out in the National School Food Policy, attached as Annex 1 and in Alberta's School Nutrition Program.

2.0 School Food Objectives and Areas of Investment

2.1 Commitments

2.1.1 Canada and Alberta agree that with the funds allocated over the period of this Agreement, Alberta will enhance and expand school food programming by addressing local, regional and system priorities, towards achieving the following objectives:

  1. using federal funding to advance the Objectives outlined in the National School Food Policy, with flexibility to add additional, complementary objectives that align with Indigenous priorities and with Alberta's priorities described in paragraph 1.1;
  2. ensuring School Jurisdictions provide First Nations, Métis and Inuit learners with access to culturally relevant learning opportunities and quality support services, including school food programming that considers their specific needs.

2.1.2 Alberta's approach to achieving these objectives is set out in the requirements for their Action Plans attached as Annex 2.

2.2 Eligible Areas for Allocating Federal Investments

2.2.1 Alberta agrees to invest funds provided by Canada under this Agreement to enhance and expand school food programs where:

  1. delivery of programs and services is in accordance with the shared priorities of the Principles and Objectives of the National School Food Policy and Alberta's School Nutrition Program. Alberta will consider that funding support programs and services delivered predominately by not-for-profit entities, where possible, however, Alberta recognizes there may also be a role for entities that are for-profit in programs and services where it would be beneficial or where there is value for money in terms of price, quality, and quantity when partnering with third-party organizations on program and service delivery;
  2. for purposes of 2.2.1.a, school food programs and services are defined as those supporting direct provision of food to children in settings including, but not limited to, elementary schools, and secondary schools;
  3. at least 95% of the federal funding must be allocated to eligible expenses (as defined in this Agreement) for the provision of school food during the School Year;
  4. for the purposes of paragraph 2.2.1.c, funding for school food programs and services delivered in advance of, or during, school holidays that occur during the School Year are considered during the School Year.

2.2.2 Subject to Canada's approval, eligible expenditures including the following: food purchases; staffing; infrastructure that facilitates the preparation, delivery, or safe storage of food; transportation; equipment; and logistics, provided those expenses directly support school food programming. Eligible expenditures could also include program capital and operating costs, quality assurance, administrative and overhead costs, and other expenses necessary to support the delivery of programming.

2.3 Official Languages

2.3.1 Alberta agrees to take into account the needs of the French linguistic minority communities in Alberta when developing and delivering its school food programs and services.

2.3.2 Alberta agrees to consult with francophone education partners through its existing processes during the development and implementation of Alberta's school food programming and related measures under this Agreement.

2.3.3 Alberta agrees to actively offer any communication or services funded through this Agreement in both Official Languages in equal quality and simultaneously to the public, as per Alberta's French Policy: enhancing services in French to support the vitality of Alberta's French-speaking communities. This includes, but is not limited to, documents, publication, announcements, reports, and engagement and consultations sessions.

3.0 Period of Agreement

3.1 This Agreement shall come into force upon the date of the last signature being affixed, and will remain in effect until March 31, 2027, unless terminated in writing by Canada or by Alberta in terms hereof in paragraph 11.0. Funding provided under this Agreement, in accordance with paragraph 4.0, will cover the period from August 1, 2024, to March 31, 2027.

3.2 Renewal of bilateral agreements

3.2.1 Subject to Parliamentary approval of appropriations, funding (in accordance with federal Fiscal Years) in future years, including for the period extending from April 1, 2027, to March 31, 2029, will be provided by Canada to Alberta conditional upon the execution of a subsequent bilateral funding Agreement ("Renewal Agreement"). The renewal of a subsequent agreement will provide Alberta and Canada the opportunity to review priorities and, if required, realign new priorities based on progress made to date.

4.0 Financial Provisions

4.1 The funds provided under this Agreement are in addition to and not in lieu of those that Canada currently pays to Alberta through the Canada Social Transfer in order to support school food programming within Alberta.

4.2 Allocation to Alberta

4.2.1 Subject to parliamentary approval of appropriations, Canada has designated the following maximum amounts to be paid in total to all provinces and territories under this initiative.

  1. $70,119,934 for the Fiscal Year beginning on April 1, 2024.
  2. $140,239,869 for the Fiscal Year beginning on April 1, 2025.
  3. $140,239,869 for the Fiscal Year beginning on April 1, 2026.

4.2.2 The final amount to be paid to Alberta for a given Fiscal Year will be calculated using the following formula:

B + T + ( F × K L )

where:

4.2.3 Alberta's share of the total annual maximum amount for the Fiscal Year beginning on April 1, 2024, as set out in paragraph 4.2.1.a and determined in paragraph 4.2.2, is $7,848,380.

4.2.4 Alberta's estimated share of the total annual maximum amounts described in paragraph 4.2.1, subject to annual adjustment, will be as follows.

  1. $17,193,239 for the Fiscal Year beginning on April 1, 2025.
  2. $17,193,239 for the Fiscal Year beginning on April 1, 2026.

4.2.5 For the purposes of the formula in paragraph 4.2.2, the population of Alberta for each Fiscal Year and the total population of all provinces and territories for that Fiscal Year are the respective populations as determined on the basis of the quarterly preliminary estimates of the respective populations on July 1 of the preceding Fiscal Year released in September of the preceding Fiscal Year by Statistics Canada, or the latest available quarterly preliminary estimates of the preceding year should the July 1 estimates be unavailable.

4.3 Payment

4.3.1 Canada's contribution for Fiscal Year 2024 to 2025 will be paid in one installment.

  1. The installment will be paid within 30 days of the date on which signatures from both Parties are affixed to the Agreement.

4.3.2 Subject to Parliamentary approval of appropriations, beginning in Fiscal Year 2025 to 2026, Canada's contribution will be paid in two equal semi-annual installments.

  1. The first installment will be paid on or about July 31 reflecting approximately 50 percent of the notional amount as set out in paragraph 4.2.4.
  2. The second installment will be paid on or about March 17 reflecting the remaining 50 percent of the actual amount as set out in paragraph 4.2.4.

4.3.3 Beginning in Fiscal Year 2025 to 2026, Canada will notify Alberta at the beginning of each Fiscal Year of their notional amount. The notional amount will be based on the Statistics Canada quarterly preliminary population estimates on July 1 of the preceding Fiscal Year. Canada will notify Alberta of the actual amount of the second installment in each Fiscal Year as determined under the formula set out in paragraph 4.2.2 as soon as possible following the release in September of each year of the Statistics Canada quarterly preliminary population estimates referred to in paragraph 4.2.5.

4.3.4 In Fiscal Year 2025 to 2026, the first installment for the Fiscal Year and any further installments will be provided only after Alberta has provided its Action Plan for Fiscal Years 2025 to 2026 and 2026 to 2027, in accordance with paragraph 5.1.4, and the Action Plan is approved by Canada.

4.3.5 Beginning in Fiscal Year 2025 to 2026, the second installment for the Fiscal Year and any further installments will be provided only after Alberta has provided its Annual Report and audited financial statement for the previous Fiscal Year in accordance with paragraphs 5.2.2 and 5.3.1 and they are approved by Canada.

4.3.6 The sum of both semi-annual installments constitutes a final payment and is not subject to any further adjustment once the second installment of that Fiscal Year has been paid, unless there is a debt due to Canada, which requires repayment in accordance with paragraph 4.6.

4.4 Maximum annual repayment in respect of administration costs

4.4.1 Canada's payment for Alberta's administration costs referred to in paragraph 2.2.2 shall not exceed, in the Fiscal Years covered under this Agreement, an amount of up to or equal to 10% of the maximum amount payable for those Fiscal Years.

4.4.2 For the purposes of 4.4.1, administration costs mean, but are not limited to, costs incurred for the administration of activities pursuant to Alberta's obligations as outlined in Agreement paragraphs 5.1, 5.2, 5.3 and 6.1.

4.5 Use of funds

4.5.1 Canada and Alberta agree that funds provided by Canada under this Agreement will only be used by Alberta in accordance with the areas for investment outlined in paragraph 2.2 of this Agreement.

4.5.2 At the end of Fiscal Year 2024 to 2025, Alberta may retain for use in Fiscal Year 2025 to 2026 reasonable unexpended funds remaining from Alberta's Fiscal Year 2024 to 2025 funding disbursed under this Agreement, up to a maximum of 100% of their Fiscal Year 2024 to 2025 allocation.

4.5.3 At the end of Fiscal Year 2025 to 2026, Alberta may retain for use in Fiscal Year 2026 to 2027 reasonable unexpended funds remaining from Alberta's Fiscal Year 2025 to 2026 funding disbursed under this Agreement, up to a maximum of 30% of their Fiscal Year 2025 to 2026 allocation, with Canada's approval.

4.6 Repayment of overpayment

4.6.1 In the event that payments made to Alberta exceed the amount to which Alberta is entitled under the Agreement, the amount of the excess is a debt due to Canada and shall be repaid to Canada upon receipt of notice to do so and within the period specified in the notice, which shall not be less than 30 days.

4.6.2 In the event that funds from Fiscal Year 2024 to 2025 are retained in Fiscal Year 2025 to 2026 as per paragraph 4.5.2, those funds must be spent in totality by the end of the Fiscal Year 2025 to 2026. Any unspent retained amount will be deducted from the first installment for Fiscal Year 2026 to 2027, as described in paragraph 4.3.2.a.

4.6.3 Canada shall have the right to recover the debt by deducting or setting-off the amount of the debt from any future contribution payable to Alberta under this Agreement.

4.7 Displacement of provincial funds

4.7.1 Canada and Alberta agree that funds provided under this Agreement will not displace Alberta's previously committed investments, as of the time of signature and for the duration of this Agreement for school food programs and services.

5.0 Accountability

5.1 Action Plan

5.1.1 Alberta has completed and shared its Action Plan for Fiscal Year 2024 to 2025, which Canada has approved, as set out in Annex 2 of this Agreement. Upon signature of this Agreement by both Parties, Alberta will publicly release their Action Plan in both official languages.

5.1.2 Alberta will outline a high-level summary of results of consultations with stakeholders and Partners in its Action Plans as well as through its annual reporting.

5.1.3 By May 31, 2025, Alberta is expected to share its Action Plan for Fiscal Years 2025 to 2026 and 2026 to 2027. This Action Plan will expand on Alberta's Action Plan for Fiscal Year 2024 to 2025 by including greater detail, new and renewed commitments, and more extensive indicators and their corresponding targets.

5.1.4 Baseline data required as set out in the Action Plan, attached as Annex 2 of this Agreement, that are not available for inclusion within Alberta's Action Plan for Fiscal Year 2024 to 2025 must be included within Alberta's Action Plan for Fiscal Years 2025 to 2026 and 2026 to 2027.

5.1.5 Alberta may initiate amendments to its Action Plans to reflect shifts in approach necessitated by changing circumstances or priorities. Such changes must still advance shared priorities and will require Canada's approval before they become effective. Alberta will release any such amendments publicly after approval by Canada.

5.2 Reporting

5.2.1 Within the 2024 to 2025 Fiscal Year, Alberta agrees to provide baseline data (i.e., from the most recent full School Year) on indicators set out in their Action Plan, and at a minimum, the common indicators, within their Action Plan, as set out in Annex 2. If these data are not available in time for inclusion within the Action Plan for Fiscal Year 2024 to 2025, they must be reported within the more robust two-year Action Plan. On January 31, 2026, Alberta agrees to submit an interim report on a pre-determined subset of common indicators within their Action Plan.

5.2.2 By no later than January 31 of each year, starting in 2026 and until 2028, Alberta agrees to share an Annual Report with Canada, outlining the investments and results of the previous Fiscal Year, in the format and manner decided jointly by Canada and Alberta and in keeping with the Alberta Action Plan. The report shall show separately the results attributable to the funding provided by Canada under this Agreement, to the extent possible, and shall include:

  1. a description of the activities, expenditures and results of the Agreement as set out in the Alberta Action Plan;
  2. baseline estimates for key indicators as set out in the Alberta Action Plan for the preceding full School Year (i.e., for the first Annual Report, these data would be from the 2023/2024 school year), as available;
  3. annual results on common indicators (outlined in Annex 2) aligned to the National School Food Policy Objectives to demonstrate how federal investments are being used and its impacts, as set out in the Alberta Action Plan;
  4. annual results on additional indicators related to school food programming and its impacts, based on their unique priorities, needs and data capacity, as set out in the Alberta Action Plan;
  5. high level summary of both consultation processes relevant to investments under this Agreement and results of these consultations;
  6. any additional results of evaluation activities undertaken in the Fiscal Year, as available;
  7. annual reporting on actions and indicators related to programming for Official Language Minority Communities, as set out in the Alberta Action Plan.

5.2.3. Canada, with prior notice to Alberta and the opportunity for Alberta to review and comment, may incorporate all or any part or parts of Alberta's Annual Report, as described in paragraph 5.2.2, into any public report that Canada may prepare for its own purposes, including program analysis and evaluation reports, and any reports to Parliament and/or public reports.

5.3 Audit

5.3.1 By no later than January 31 each year, starting in 2026 and until 2028, Alberta agrees to provide to Canada an audited financial statement of payments and expenses received from Canada under this Agreement during the preceding Fiscal Year.

  1. the revenue paragraph of the statement shall show the amount received from Canada under this Agreement during the Fiscal Year;
  2. the total amount of funding used for school food programs and services under paragraph 2.2;
  3. the administration costs incurred by Alberta in developing and administering school food programs under paragraph 2.2.2;
  4. the amount of any funding carried forward by Alberta under paragraph 4.5, if applicable;
  5. if applicable, the amount of any overpayment that are to be repaid to Canada under paragraph 4.6.1.

5.3.2 The financial statement shall be prepared in accordance with Canadian Generally Accepted Accounting Principles and the audit shall be performed by the Alberta Auditor General or his/her delegate, or by an independent public accounting firm registered under the laws of Alberta and in accordance with Canadian Generally Accepted Auditing Standards.

5.4 Evaluation

5.4.1 Alberta is responsible for evaluating its school food programs. Alberta may evaluate programs and services receiving funds provided under this Agreement, including those detailed in paragraph 6.0, and shall share the findings and data with Canada at its request. Subject to Canada and Alberta's mutual agreement, Canada may make public the results of any such evaluations.

5.4.2 Evaluations funded through this Agreement may be conducted in consultation with third-party entities.

5.4.3 Canada and Alberta may collaborate to establish evaluation and monitoring mechanisms to oversee the measures provided for in this Agreement concerning Official Language Minority Communities.

6.0 Long-term Collaboration

6.1 Subject to mutual agreement, Canada and Alberta agree to collaborate through working groups or other governance bodies on issues related to this Agreement, which may include a range of aspects related to school food programming, monitoring and evaluation, sharing supplementary or interim data as available (i.e., as an adjunct to mandatory reporting requirements detailed in Action Plans), knowledge, research and information on effective and innovative practices, to further support the delivery, including the development and expansion, of school food programming.

6.2 Canada and Alberta agree to work together, and with Partners towards the development of common quality and outcome measures that could be included in future agreements to further support the delivery of daily nutritious meals to students.

6.3 Canada and Alberta agree to work together to improve data collection and dissemination on key school food indicators to support future programming.

6.4 Alberta agrees to work with Canada or its intermediaries to develop an overview of school food programming within their jurisdiction (i.e., a Provincial/Territorial School Food Profile) within six months of signing the Agreement. This overview document could include preliminary data on the reach of and benefits conferred by school food programming within their jurisdiction within this time period, following Canada's investment in Alberta's school food programming. The overview would also include information such as current school food data collection methodologies and dissemination efforts, best practices and notable program features or achievements.

6.5 Alberta may present their overview to other provinces and territories (i.e., via Federal-Provincial/Territorial working groups or governance table) to facilitate information sharing.

6.6 With prior written notice to Alberta, Canada may also identify elements of the overview for its own use in Public Communications. Such communications will follow the communications protocols outlined below.

7.0 Indigenous Collaboration

7.1 Alberta will ensure that school Jurisdictions provide First Nations, Métis and Inuit learners with access to culturally relevant learning opportunities and quality support services, including school food programming that considers their specific needs.

7.2 Alberta agrees to encourage School Jurisdictions to explore opportunities to engage with local Indigenous partners on school food programming.

8.0 Communications Protocol

8.1 This Communications Protocol outlines the roles and responsibilities of each of the Parties to this Agreement, with respect to communication activities related to this Agreement and investments funded through it.

8.2 Each of the Parties may request joint Public Communications. Any joint Public Communications must be in both official languages in equal quality and simultaneously available to the public, as per federal requirements under Part IV of the Official Languages Act. The initial announcement, announcing the signing of this Agreement must be a joint Public Communication.

8.3 Canada and Alberta agree on the importance of communicating with the public about the objectives of this Agreement in an open, transparent, effective and proactive manner through appropriate public information activities.

8.4 Alberta will ensure Canada receives recognition and the appropriate credit and visibility in Public Communications.

8.5 Canada and Alberta agree to give each other ten (10) business days advance notice, that includes a summary, of intended Public Communications. Public Communications will take place at a mutually agreed date and location.

8.6 Canada and Alberta each reserve the right to conduct Public Communications.

8.7 Alberta must cease acknowledging Canada, including all uses of official government symbols, in relation to the Agreement upon the expiration of this Agreement or the completion of project activities, unless otherwise specified by Canada.

8.8 Alberta is primarily responsible for communicating the requirements and responsibilities outlined in this Communications Protocol to organizations funded under this Agreement, such as other school food funding distributors (e.g., non-governmental organizations, etc.).

8.9 Alberta must provide Canada ten (10) business days in advance of a release, copies of all Public Communications or, upon request by Canada. Canada reserves the right to submit a ministerial quote for inclusion in any press release issued by Alberta or the ultimate recipient related to investments or results of this Agreement.

8.10 Canada and Alberta agree on the importance of child health and nutrition and will ensure that Public Communications referencing investments financed through funds granted under this Agreement exclude mention of corporations that solely produce branded highly processed food (as defined in Canada's Food Guide).

9.0 Dispute Resolution

9.1 Canada and Alberta are committed to working together and avoiding disputes through government-to-government information exchange, advance notice, early consultation, discussion, clarification, and resolution of issues, as they arise.

9.2 If at any time either Canada or Alberta is of the opinion that the other Party has failed to comply with any of its obligations or undertakings under this Agreement or is in breach of any term or condition of the Agreement, Canada or Alberta as the case may be, may notify the other Party in writing, consistent with paragraph 11.0 and paragraph 12.0, of the failure or breach. Upon such notice, Canada and Alberta will endeavour to resolve the issue in dispute bilaterally through their Designated Officials.

9.3 If a dispute cannot be resolved by Designated Officials, then the dispute will be referred to the Deputy Ministers most responsible for school food in Canada and Alberta, and if it cannot be resolved by them, then the respective Ministers of Canada and Alberta most responsible for school food shall endeavour to resolve the dispute.

9.4 If either Party has failed to comply with its obligations or undertakings and where the Alberta Minister and federal Minister are unable to resolve related disputes, a termination of the Agreement may be pursued in accordance with paragraph 11.0.

9.5 The Designated Officials, for the purposes of paragraph 9.0, for Canada and Alberta are the Senior Assistant Deputy Minister, Strategic and Service Policy Branch, Employment and Social Development Canada, and the Assistant Deputy Minister, Strategic Services and Governance Division and the Assistant Deputy Minister, Program and System Support Division, Alberta Education, respectively.

10.0 Amendments to the Agreement

10.1 This Agreement, including all attached annexes, except Annex 1, may be amended by mutual consent of the Parties at any time during the 3 years as set out in paragraph 3.1. To be valid, any amendments shall be in writing and signed by the Parties.

10.2 Waiver

10.2.1 Failure by any Party to exercise any of its rights, powers, or remedies under this Agreement or its delay to do so does not constitute a waiver of those rights, powers, or remedies. Any waiver by either Party of any of its rights, powers, or remedies under this Agreement must be in writing; and, such a waiver does not constitute a continuing waiver unless it is so explicitly stated.

11.0 Termination

11.1 Either Party may terminate this Agreement at any time if the terms of this Agreement are breached by the other Party by giving at least 6 months written notice intention to terminate the Agreement.

11.2 As of the effective date of termination of this Agreement under paragraph 11.1, Canada shall have no obligation to make any further payments to Alberta after the date of effective termination.

11.3 As of the effective date of termination of this Agreement under paragraph 11.1 or on expiry of the Agreement in accordance with paragraph 3.1, Alberta shall have no obligations under this Agreement other than those outlined in paragraphs 4.5, 4.6, 5.2.2, and 5.3.1.

12.0 Notice

12.1 Any notice, information or document provided under this Agreement will be effectively delivered or sent by letter, with postage or other charges prepaid. Any notice that is delivered will have been received in delivery; and, except in periods of postal disruption, any notice mailed will be deemed to have been received eight (8) calendar days after being mailed.

12.2 The address for notice or communication to Canada shall be:

Social Policy Directorate
140 Promenade du Portage
Gatineau QC K1A 0J9
EDSC.ALIMENTATION_SCOLAIRE-SCHOOL_FOOD.ESDC@hrsdc-rhdcc.gc.ca

12.3 The address for notice or communication to Alberta shall be:

Strategic Services and Governance Division
10th floor, 10044 108 Street Northwest
Edmonton, AB T5J 3S7
zoe.cooper@gov.ab.ca

12.4 If any portion of this Agreement is found by any Court, Arbitrator, Mediator or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that portion of the Agreement, to the extent necessary, shall be deemed not to form part of the Agreement and the validity and enforceability of the remainder of the Agreement shall not be affected.

13.0 General

13.1 This Agreement, including Annexes 1 and 2, comprise the entire Agreement entered into by the Parties.

13.2 This Agreement shall be interpreted according to the laws of Canada and Alberta.

13.3 No member of the House of Commons or of the Senate of Canada or of the Legislature of Alberta shall be admitted to any share or part of this Agreement, or to any benefit arising therefrom.

13.4 If for any reason a provision of this Agreement that is not a fundamental term is found by a court of competent jurisdiction to be or to have become invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other provisions of this Agreement will continue to be valid and enforceable.

13.5 This Agreement is drafted in English at the request of the Parties.

Signed on behalf of Canada by the Minister of Employment and Social Development ("Canada") and as represented by the Minister of Families, Children and Social Development at Ottawa this 7th day of March, 2025.

[Signed by] The Honourable Jenna Sudds, Minister of Families, Children and Social Development

Signed on behalf of Alberta by the Minister of Education at Edmonton this 7th day of March, 2025.

[Signed by] The Honourable Demetrios Nicolaides, Minister of Education

Approved pursuant to the Government Organization Act

[Signed by] Mary MacDonald, Acting Deputy Minister, Intergovernmental Relations, Executive Council

Annex 1: National School Food Policy

For more details, please consult the National School Food Policy .

Annex 2: National School Food Program - 2024-2025 Action Plan - Alberta

Section 1: Introduction/Overview

The Government of Alberta will invest funds provided by the Government of Canada under this Agreement to enhance and expand school food programs where the delivery of programs and services is in accordance with the common Principles and Objectives of the National School Food Policy and Alberta's School Nutrition Program.

Currently, Alberta's School Nutrition Program provides annual funding directly to public, separate and francophone school jurisdictions across the province and by an expression of interest application to public charter schools. Alberta's government provides participating school jurisdictions/public charter schools with maximum flexibility in the use of school nutrition program funds, and they are empowered to make local program decisions as they are in the best position to evaluate and respond to the unique circumstances and priorities of the communities they serve.

In 2023/24, the Government of Alberta invested annual funding of $20 million to provide students with nutritious meals, as well as an additional one-time grant of $5 million to address inflationary and local, short-term program considerations.

For the 2024/25 school year, the Government of Alberta has allocated annual funding of $20 million for the school nutrition program to 63 public school jurisdictions and 12 public charter schools. Alberta's School Nutrition Program currently helps approximately 58,000 students in participating schools get a daily nutritious meal that follows the Alberta Nutrition Guidelines for Children and Youth. The program provides funding to public, separate, francophone and applicable public charter schools/school jurisdictions to create, continue, or enhance existing nutrition programs in identified schools.

Through the flexibility of this program, local school boards can make decisions that best support their students and families while building strong connections within the community and with local organizations including but not limited to not-for-profits, service clubs, and local businesses.

Many schools participating in the nutrition program engage in activities that may include:

During the 2022/23 school year, Alberta's government reintroduced a school nutrition pilot program to provide $3 million in grant funding to non-profit organizations to deliver programs in partnership with school jurisdictions. The objectives of the pilot were to provide innovative ways to support vulnerable youth; reduce costs and administrative burden on schools; and, determine the capacity of non-profit organizations to assume management and operations of school nutrition programs. Nine non-profits in metro, urban and rural areas (central and southern Alberta) took part in the pilot. While there were noted successes, after carefully reviewing pilot data and stakeholder feedback, Alberta determined that school jurisdictions were in the best position to determine the nutritional needs of their local communities.

Today, Alberta's school nutrition program funding, through various stakeholder engagements, pilot programs and school jurisdiction annual education reporting, reports positive impacts on student attendance, learning and behaviour, as well as concerns regarding identified reliance on collaborations between schools and community stakeholders to sustain nutrition programs, and the persistence of food insecurity among students. The increasing cost of food strains existing nutrition program budgets, making it challenging to provide healthy meals consistently. Rural areas also identify facing unique obstacles, including higher food prices due to transportation costs and limited access to fresh produce.

Current data on provincial school nutrition funding is the number of students served by the school nutrition program in a school year. Beginning in the 2025/26 school year, reporting on school nutrition funding will require data from school jurisdictions on the number of students served, the number of schools participating, and the types and number of programs offered (i.e. breakfast, lunch, and/or snacks).

School jurisdictions are expected to engage students, parents, staff and community members to establish key priorities and other elements of their education plan, which may include school nutrition funding. In their engagement with students and families related to school nutrition programming, many school jurisdictions are working to build their awareness and understanding of hunger, nutrition and well-being so that they could be empowered to make life-long healthy choices in respect to food and eating.

Section 2: Implementation Plan

As federal funding will be received late in the 2024/25 school year, to ensure maximum impact in creating, continuing, and enhancing existing nutrition programs to Alberta's students, funding will be carried forward to 2025/26.

The Government of Alberta will allocate $100,000 of the federal funding in the 2025-26 and 2026-27 fiscal years to support program administration, including working with school jurisdictions to support implementation and ongoing support of new reporting requirements. All other funding will be dispersed alongside the Government of Alberta Nutrition funding via the Alberta School Nutrition Funding Formula: Section C4.3 - School Nutrition Grant in the Funding Manual for School Authorities . The School Nutrition Grant combines a school jurisdiction's weighted moving average full time equivalent allocation with its socio-economic status allocation.

School jurisdictions have the autonomy and accountability to make decisions about how to allocate school nutrition funds. School jurisdictions determine which schools participate in the School Nutrition Program and whether they choose to partner with non-profit organizations. School nutrition funds are used for the provision of nutritious meals, including costs associated with ordering of food supplies, preparation and staffing, and equipment or other infrastructure to support program delivery.

The Government of Alberta will work with school jurisdictions to prepare for and develop processes for the implementation of new funding and reporting requirements. This will ensure a smooth transition and alignment with program needs while supporting accurate and consistent data collection.

Section 3: Indicators, Targets and Expected Results

The current indicator for Alberta's School Nutrition Program includes number of students served. In 2023/24, the Government of Alberta provided school jurisdictions with $20 million in school nutrition funding plus an additional one-time grant of $5 million to address challenges. Estimated baseline numbers were approximately 58,000 students served in a school year.

Alberta and Canada will work collaboratively to develop agreed-upon indicators that Alberta will provide in its annual reporting. Alberta will work towards implementing reporting metrics in preparation for its year 2 and 3 annual reports. Alberta will provide updates on efforts to implement these reporting requirements in its year one interim and final report, and will provide data that is available in its 2024/25 annual report. Estimated baseline numbers for the above indicator for 2024/25 will be provided by school jurisdictions by November 30, 2025 to Alberta and be provided to Canada within Alberta's first Annual Report. This baseline will reflect the annual $20 million investment provided by the Government of Alberta for the 2024/25 school year.

In its Interim Report due by January 31, 2026, Alberta will provide the following:

  1. Number and list of schools receiving funding in 2024/25 (incl. postal codes)
  2. Preliminary number and list of schools receiving funding in 2025/26 (incl. Postal codes)
  3. Number of schools offering school food programs by type (i.e. breakfast, lunch, and/or snacks) in 2025/26

Additionally, in its Interim Report, Alberta will outline reporting mechanisms and processes that will enable the accurate, annual collection and reporting of the following indicators in Alberta's annual reports for years 2 and 3:

Alberta will be engaging school jurisdictions in the development of new reporting mechanisms and processes, as outlined above, as well as in the development of its next action plan (for Fiscal Years 2025-26 and 2026-27). Engagement with school jurisdictions will inform the development of Alberta's data collection process to explore how to gather more detailed program indicators, including the number of students participating in school food programs, by program type (breakfast, lunch, snack). Updates on progress and timelines for reporting additional program information and indicators will be included in upcoming action plans and annual reports.

Section 4: Expenditures

As it is being delivered late in the 2024/25 school year, 100% of 2024/25 funding will be carried forward to 2025/26. This will allow time for school jurisdictions to adequately plan for the additional funding, ensuring it has the maximum impact on the targets to be outlined in section 3, and provide Alberta with the opportunity to work with school jurisdictions to clarify new reporting requirements.

A breakdown of how funding is used by school jurisdictions by category (i.e. infrastructure, personnel, food, transportation and administration) is not yet available. These spending categories will be included in the reporting requirements for school jurisdictions, and category amounts will be available in Alberta's annual reports.

Section 5: Indigenous Collaboration

Provincial school jurisdictions have the delegated authority to administer school nutrition programs that meet the needs of their local communities. School jurisdictions are encouraged to engage with local Indigenous communities, organizations and partners to better understand the needs of Indigenous students with respect to school food.

Alberta school jurisdictions engage with local Indigenous communities in a variety of ways that include formal agreements, advisory circles, and culturally relevant initiatives to foster inclusive learning environments. Many jurisdictions establish Indigenous advisory groups, provide Elder support, and offer programs that support relationship-building and student success. School jurisdictions prioritize inclusive and supportive learning environments for Indigenous students through sustained partnerships and tailored initiatives.

Moving forward, provincial school jurisdictions will be encouraged to continue to engage with local Indigenous communities to explore promising school food programs and practices that are culturally appropriate, relevant and inclusive.

Section 6: Official Language Minority Communities (OLMCs)

The four francophone regional authorities in Alberta are the publicly funded school boards that establish and manage French first language education for students whose parents are right holders according to section 23 of the Canadian Charter of Rights and Freedoms. All instruction, except for English Language Arts/English Language Arts and Literature, is entirely in French and follows the Alberta curriculum.

All engagement with school jurisdictions that the Government of Alberta does, including engagement related to school nutrition, includes francophone regional authorities.

Francophone regional authorities who opt in to federal nutrition funding will report as per the measures described above for their student and stakeholder populations

Section 7: Reporting

Estimated baseline numbers from 2023/24 based on $20 million in provincial funding are approximately 58,000 students served.

The Government of Alberta commits to report to the Government of Canada a summary of interim results of National School Food Program funding by January 31, 2026, that will include:

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2025-07-02