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Canada – British Columbia National School Food Program Agreement – 2024 to 2027

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Referred to collectively as the "Parties".

Definitions

"Board of education" means a board of school trustees constituted under the School Act, RSBC 1996, c. 412 and includes a francophone education authority established or continued under s. 166.12 of that Act.

"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 or British Columbia including but is not limited to events, announcements, outreach, marketing and advertising products, news releases, social media, statements, interviews, speaking engagements, presentations and 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 prepared by boards of education.

Preamble

Whereas, Canada and British Columbia are in agreement with the Vision, Principles, Scope and Objectives outlined in the National School Food Policy;

Whereas, Canada and British Columbia have committed to work together to establish the National School Food Program in British Columbia notwithstanding that the Government of British Columbia has the primary responsibility for education in British Columbia;

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 British Columbia Minister may, with the approval of the Lieutenant Governor in Council, enter into agreements with the Government of Canada;

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 unique rights of Indigenous peoples and Canada's commitments to reconciliation and self-determination as per the United Nations Declaration on the Rights of Indigenous Peoples Act and associated "Action Plan", and the "Truth and Reconciliation Commission of Canada: Calls to Action", Canada strongly supports and endorses the Parties' respective engagement with First Nations, Inuit, Métis governments and organizations, as well as organizations representing, urban and non-affiliated Indigenous Peoples with a view of determining Indigenous school food priorities and enhancing Indigenous food security, health, and social outcomes;

Whereas, British Columbia invests in school food for Indigenous children attending schools operated by boards of education, the Parties agree to work collaboratively with Indigenous governing bodies and organizations to achieve a culturally appropriate National School Food Program in British Columbia;

Whereas, the Parties recognize that engaging with Official Language Minority Community organizations, 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 and services to the public in both official languages;

Now therefore, the Parties agree as follows:

1.0 Vision for a National School Food Program

1.1 The Parties agree that the investment of funds provided under this Agreement will advance the long-term Vision, Principles, Scope and Objectives for school food, which are set out in the National School Food Policy, attached as Annex 1.

1.2 The Parties agree that the funds being provided under this Agreement may be used to complement the additional objectives set out in Annex 2 and which align with the National School Food Policy.

2.0 School Food Objectives and Areas of Investment

2.1 Commitments

2.1.1 The Parties agree that with the funds allocated over the period of this Agreement, British Columbia 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 British Columbia's priorities described in paragraph 1.2;
  2. ensuring that investments funded through this Agreement consider the specific needs of Indigenous children attending schools operated by boards of education;
  3. considering, and where appropriate encouraging boards of education to implement options beyond federal-provincial funding for increasing school food investment to reach more students, in alignment with best practices (e.g., pay-what-you-can models).

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

2.2 Eligible Areas for Allocating Federal Investments

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

  1. delivery of school food programs and services is in accordance with the Principles and Objectives outlined in the National School Food Policy. British Columbia will provide school food funding directly to boards of education and shall, where possible support and encourage that boards of education, when not delivering the programs and services themselves directly, will consider that funding support programs and services delivered predominately by not-for-profit entities. The Parties, however, recognize that there may also be a role for entities that are for-profit and the boards of education may use for-profit entities to provide school food programs and services where it would be beneficial or where there is value for money in terms of price, quality, and quantity in doing so;
  2. for purposes of 2.2.1.a, school food programs and services are defined as those programs and services supporting direct provision of food to children in settings including, but not limited to, schools operated by boards of education and community centres;
  3. at least 95% of the federal funding must be allocated to eligible expenditures (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, the calculation of eligible expenditures includes expenditures made in advance of the school year that supports the delivery of school food programs and services during the school year.

2.2.2 Subject to Canada's approval, eligible expenditures include 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 incurred by British Columbia or boards of education, and other expenses necessary to support the delivery of programming.

2.3 Official Languages

2.3.1 British Columbia commits to providing funding for school food programs and services to boards of education which include francophone education authorities.

2.3.2 As set out in further detail in the Action Plan, British Columbia agrees to consult with Official Language Minority Community stakeholders about British Columbia's school food programming and the measures under this Agreement, to report on such, and to take official language minority communities' needs into account throughout as it provides funding to boards of education for implementing school food programming in British Columbia.

2.3.3 As set out in further detail in the Action Plan, British Columbia agrees to make reasonable efforts to offer any communication or services funded through this Agreement in both official languages in equal quality and simultaneously to the public. This includes, but is not limited to, documents, publications, announcements, reports, and engagement and consultation 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 British Columbia 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 British Columbia conditional upon the execution of a subsequent bilateral funding Agreement ("Renewal Agreement"). The renewal of a subsequent agreement will provide the Parties 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 British Columbia through the Canada Social Transfer in order to support school food programming within British Columbia.

4.2 Allocation to British Columbia

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 British Columbia for a given fiscal year will be calculated using the following formula:

B + T + ( F × K L )

where:

4.2.3 British Columbia's share of the total annual maximum amount for the fiscal year beginning on April 1, 2024, as set out in 4.2.1.a is $7,387,722.

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

  1. $15,996,517 for the fiscal year beginning on April 1, 2025.
  2. $15,996,517 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 British Columbia 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 August 29 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 November 15 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 British Columbia 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 British Columbia 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, Canada may withhold payment of its first installment for the fiscal year and any further installments if British Columbia has failed to provide its Action Plan for fiscal years 2025 to 2026 and 2026 to 2027, in accordance with paragraph 5.1.4, until such time as the Action Plan is provided by British Columbia and approved by Canada.

4.3.5 Beginning in fiscal year 2025 to 2026, Canada may withhold payment of its second installment for the fiscal year and any further installments if British Columbia has failed to provide its Annual Report and audited financial statement for the previous fiscal year in accordance with paragraphs 5.2.2 and 5.3.1 until such time as the Annual Report and annual audited statement are provided by British Columbia and 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 British Columbia's administration costs, during a fiscal year shall not exceed 10% of the maximum amount payable for the fiscal year.

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

4.5 Use of funds

4.5.1 The Parties agree that funds provided by Canada under this Agreement will only be used by British Columbia in accordance with the areas for investment outlined in paragraph 2.2 of this Agreement and consistent with the National School Food Policy.

4.5.2 At the end of fiscal year 2024 to 2025, British Columbia may retain for use in fiscal year 2025 to 2026 reasonable unexpended funds remaining from British Columbia'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, British Columbia may retain for use in fiscal year 2026 to 2027 reasonable unexpended funds remaining from British Columbia '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 British Columbia exceed the amount to which British Columbia 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 by British Columbia 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, in addition to any other remedies available under applicable law, have the right to recover the debt by deducting or setting-off the amount of the debt from any future contribution payable to British Columbia under this Agreement.

4.7 Displacement of provincial funds

4.7.1 As a condition of the funding under this Agreement, and subject to legislative approval of appropriations, British Columbia commits to maintain or increase previously committed school food investments within their jurisdiction for school food programs and services as of the time of signature for the duration of this Agreement.

5.0 Accountability

5.1 Action Plan

5.1.1 British Columbia 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, British Columbia will publicly release their Action Plan and a French translation of the Action Plan.

5.1.2 British Columbia will engage with parents, school communities, experts, Indigenous peoples, Official Language Minority Communities' stakeholders and may engage with other interested Canadians throughout the implementation of its Action Plan.

5.1.3 British Columbia will share with Canada the results of any engagement undertaken during the development of its Action Plans.

5.1.4 By June 30, 2025, British Columbia is expected to share its Action Plan for fiscal years 2025 to 2026 and 2026 to 2027. This Action Plan will significantly expand on British Columbia'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.

5.1.5 Baseline data required as set out in the Action Plan, attached as Annex 2 of this Agreement, that are not available for inclusion within British Columbia's Action Plan for fiscal year 2024 to 2025 must be included within British Columbia's Action Plan for fiscal years 2025 to 2026 and 2026 to 2027.

5.1.6 British Columbia may initiate amendments to its Action Plans to reflect shifts in approach necessitated by changing circumstances or priorities. Such changes must still advance the National School Food Policy and will require Canada's approval before they become effective. British Columbia will release any such amendments publicly after approval by Canada.

5.2 Reporting

5.2.1 Within the 2024 to 2025 fiscal year, British Columbia agrees to provide baseline data (i.e., from the most recent full school year) on common indicators set out in their Action Plan as set out in Annex 2. If available, British Columbia will also provide baseline data on other indicators. Data that is not available in time for inclusion within the Action Plan for fiscal year 2024 to 2025, must be reported within the more robust two-year Action Plan. Within six months of the signed Agreement or by April 30, 2025 (whichever comes first), British Columbia 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 October 1 of each year, starting in 2025 and until 2027, British Columbia 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 the Parties and in keeping with the 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 Action Plan;
  2. baseline estimates for key indicators as set out in the 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 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 Action Plan;
  5. description of any relevant engagement processes, including with Indigenous and Official Language Minority Community stakeholders, as well as key findings and follow up activities resulting from those engagements;
  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 Action Plan.

5.2.3. Canada, with prior notice to British Columbia and the opportunity for British Columbia to review and comment, may incorporate all or any part or parts of British Columbia'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 October 1 each year, starting in 2025 and until 2027, British Columbia 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 British Columbia in administering the funding for school food programs and services, and meeting the administrative requirements of this Agreement;
  4. the amount of any funding carried forward by British Columbia under paragraph 4.5, if applicable;
  5. If applicable, the amount of any overpayment 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 British Columbia Auditor General or his/her delegate, or by an independent public accounting firm registered under the laws of British Columbia and in accordance with Canadian Generally Accepted Auditing Standards.

5.4 Evaluation

5.4.1 British Columbia is responsible for, and may evaluate school food 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. 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 The Parties 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 The Parties agree to collaborate through working groups or other governance bodies on 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, and to further support the delivery, including the development and expansion, of school food programming.

6.2 The Parties agree to work together, and with stakeholders, as necessary, towards the development of common quality and outcome measures that could be included in future agreements to reinforce the National School Food Policy's Vision.

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

6.4 British Columbia 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 British Columbia'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 British Columbia may and will be encouraged to 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 British Columbia, 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 British Columbia will encourage boards of education to work with their local Indigenous Education Councils to ensure that school food programming considers the specific needs of Indigenous children attending schools operated by boards of education and aligns with existing or newly established school food policies and priorities that reflects a distinctions-based approach.

7.2 British Columbia agrees to engage with Indigenous partners on school food programming policies.

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 Part IV of the Official Languages Act. Upon signing this Agreement, the Parties must issue a joint public communication announcing the signing of the Agreement.

8.3 The Parties 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 British Columbia will ensure Canada receives recognition and the appropriate credit and visibility in public communications.

8.5 The Parties agree to give each other ten (10) business days advance notice, that includes a summary, of intended joint public communications. Joint public communications will take place at a mutually agreed date and location.

8.6 The Parties each reserve the right to conduct public communications.

8.7 British Columbia 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 British Columbia is primarily responsible for communicating the requirements and responsibilities outlined in this Communications Protocol to boards of education funded under this Agreement.

8.9 At least ten (10) business days in advance of their release, or upon request by Canada, British Columbia must provide Canada with copies of all public communications. Canada reserves the right to submit a ministerial quote for inclusion in any press release issued by British Columbia related to investments or results of this Agreement.

8.10 The Parties agree on the importance of child health and nutrition and will ensure that public communications referencing programs funded through 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 The Parties are committed to working together and avoiding disputes through government-to-government information exchange, advance notice, early engagement, and discussion, clarification, and resolution of issues, as they arise.

9.2 If at any time either Party 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, the Party must notify the other Party in writing, consistent with paragraph 11.0 and paragraph 12.0, of the failure or breach. Upon such notice, the Parties 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 British Columbia, and if it cannot be resolved by them, then the respective Ministers of Canada and British Columbia 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 respective Ministers 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 British Columbia are the Senior Assistant Deputy Minister, Strategic and Service Policy Branch, Employment and Social Development Canada and the Associate Deputy Minister, Ministry of Education and Child Care, 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 term 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 Subject to paragraph 9.2, 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 of intention to terminate the Agreement.

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

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, British Columbia 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 electronically or 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 British Columbia shall be:

Ministry of Education and Child Care
PO Box 9045 Stn Prov Govt
Victoria BC V8W 9E2

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 the Parties.

13.3 No member of the House of Commons or of the Senate of Canada or of the Legislature of British Columbia 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 25th day of February, 2025.

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

Signed on behalf of British Columbia by the Minister of Education and Child Care at Victoria this 3rd day of March, 2025.

[Signed by] the Honourable Lisa Beare Minister of Education and Child Care

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 – British Columbia

Section 1: Introduction / Overview

British Columbia's Minister of Education and Child Care (ECC) received a mandate letter commitment in December 2022 to make sure students are properly fed for learning, work with school districts to develop school food programs, and work with the Minister of Agriculture and Food (AF) to integrate Feed BC for districts to include local food in school food programs. In Budget 2023, the B.C. government announced $214 million over three years for the Feeding Futures fund. Feeding Futures is dedicated, predictable funding allocated by ECC to school districts to create and expand school food programs while addressing the immediate need of feeding hungry students in a stigma and barrier-free manner, with the intention that funding covers food at school (breakfast, lunch, and/or snacks) for the 20% of students in each school district who need it most.

In the 2023/24 fiscal year (FY), B.C. allocated $71.5M for public school districts, and $4.5M for independent schools who met a need threshold, through Feeding Futures for targeted food funding and district school food coordinators. Additionally, $5M for minor capital enhancements required for school food programs was allocated through the Food Infrastructure Program (FIP). The same funding amounts are allocated for the 2024/25 FY, including $71.5M for public schools and $4.5M for independent schools through Feeding Futures funding and $5M for capital enhancements through FIP. For public schools, Feeding Futures funding is allocated proportionately to the school district operating grant allocation formula using a $350,000 funding floor. For example, if a school district receives 5% of total provincial operating funding in 2024/25, they also receive 5% of the total Feeding Futures envelope for public schools ($71.5M) in 2024/25. The 2024/25 operating grant allocation formula includes a basic FTE allocation, a unique student allocation to support unique student needs such as Indigenous education targeted funding, a unique district allocation to address unique district factors such as the rural factor, and funding protection/enrolment decline funding. School district 93, the Conseil Scolaire Francophone, receives a 15% funding premium on allocated funding to account for it being a province-wide district and to support language and culture. The full 2024/25 operating grant allocation formula is attached (Appendix 1). 2024/25 Feeding Futures funding allocations by school district are attached in Appendix 2.

As Feeding Futures is now in ECC's base budget, the same funding amounts are expected to be ongoing in future years. The Ministry provides spending criteria (Appendix 3) that school districts must follow when allocating Feeding Futures funding and requires school districts to report back bi-annually on how funding is spent. As school districts know their school communities best, Feeding Futures spending criteria is intentionally flexible to allow districts to deliver school food programs in a way that best meets local needs. In addition to spending criteria, ECC has developed a set of Feeding Futures Guiding Principles (Appendix 4) to guide program creation and delivery in B.C.

The current landscape of school food programs in B.C. is diverse, with some schools and districts expanding or enhancing existing programs, and others building capacity and creating new school food programs through Feeding Futures. Program enhancements may include improvements to existing programs such as increasing the number of students served, providing new program infrastructure, expanding offerings from only breakfast to include lunch, increasing nutrition of food, increasing local food purchasing, and increasing menu options and inclusivity. In the 2024/25 school year, approximately 87% of B.C. public schools reported operating a school food program. It is estimated that 28% of enrolled students in B.C. public schools, or approximately 160,000 students, are currently receiving breakfast, lunch, and/or snacks through these programs. Programs vary in the type and frequency of meals offered, with approximately 68% of schools offering breakfast, 80% offering lunch, and 87% offering snacks. Data from the 2024 School Food SurveyFootnote 1 indicates that most programs offered in the 2023/24 school year (including breakfast, lunch, and snacks) were universally accessible to all students, with most (83%) offering free meals to students in need. Additionally, some schools use pay-what-you-can models or subsidize meal prices to offset costs for students and families. There are also a variety of models used across B.C. for food procurement, preparation, and delivery, including but not limited to cooking meals in-house, preparing meals at a central location such as a secondary school or a commissary kitchen, hiring third party caterers, or partnering with local non-profits to deliver meals. Of the $20M that school districts reported providing to third party service providers in 2023/24, approximately $9.5M (48%) was spent on non-profit providers, approximately $9.2M (46%) was spent on for-profit restaurants/caterers, and the remaining $1.2M (6%) was spent on a combination of non-profit/for-profit providers with a breakdown unknown. School districts generally partner with for-profits if there are no existing not-for-profits within the community and/or if they provide better value for money. Current barriers to program operations as noted by B.C. school food program staff include inadequate staffing to operate programs, lack of kitchen space and infrastructure for food storage, preparation, and delivery, and challenges with serving all students in need with current funding levels.

ECC distributes Feeding Futures funding to school districts in B.C. and engages regularly with district-level School Food Coordinators to understand challenges and opportunities for program delivery. Through these engagements, ECC develops various resources and sector supports to guide school food program delivery in B.C. ECC also works closely with AF to fulfill the joint mandate letter commitment to integrate B.C. foods into school food programs through Feed BC, the Ministry of Health (HLTH) to develop guidance for nutrition and food safety in school food programs, and the Ministry of Social Development and Poverty Reduction (SDPR) to align Feeding Futures with broader food security and poverty reduction work across B.C. In addition, ECC engages with the First Nations Education Steering Committee (FNESC) on an ongoing basis to uphold the rights and meet the needs of First Nations students in B.C. To inform the development of the Feeding Futures Framework over the 2023/24 school year, ECC also established the Feeding Futures Advisory Committee (FFAC), which was comprised of school food experts, non-profits and community partners, FNESC, and other Indigenous partners. A What We Heard report was developed to summarize the discussions throughout the FFAC meetings (Appendix 5). The Ministry also engages regularly with community partners and non-profit organizations that support schools.

Section 2: Implementation Plan

To implement Year 1 of National School Food Program funding, ECC plans to allocate funds to school districts who have schools with socio-economic status (SES) indices below the provincial average, with funding amounts calculated based on the level of need within a district. For Year 1, 58 of B.C.'s 60 school districts have schools with SES indices below the provincial average, therefore Year 1 funding will be distributed to 58 school districts. Funding for these districts will be calculated with a SES model that accounts for the schools within a district with SES indices below the provincial average. ECC measures SES using an index that includes five domains: economic, education, occupation, family, and community. Students with low SES are more likely to experience hunger and generally have poorer academic outcomes than their peers. Students living in rural and remote areas of the province are also more likely to have low SES. Allocating funding using an SES model will support the creation and expansion of school food programs in districts and schools with greater need across B.C. Given that the school districts in B.C. receiving federal funds already offer school food programs, the focus of federal funding will be to expand and enhance existing programs.

Districts will have the flexibility to spend funding where it is needed most, however ECC will enable school districts to spend Year 1 federal funding on capital infrastructure needs, as schools indicated that lack of kitchen infrastructure was one of the top three challenges to serving students in need in the 2023/24 school year and current Feeding Futures spending criteria does not enable school districts to spend Feeding Futures funding on major infrastructure. Supporting districts to spend funding on capital needs will set districts up for long-term success by providing the infrastructure necessary for programs to grow. This will also enable districts to spend more funding on food in future years. Year 1 of National School Food Program funding will therefore contribute to the sustainability of school food programs that support students in need.

ECC will require school districts to track and report back on program data and expenditures. This will include, but not be limited to, staffing and capital infrastructure expenditures, the total number of students and schools reached, the number of programs by program type, and progress towards Feed B.C.'s goal of 30% of total food expenditures spent on B.C. food over time.

Section 3: Indicators, Targets and Expected Results

Table 1: Baseline School and Student Indicators and Estimates
Indicator SY 2023/24 Totals SY 2024/25 Estimate
# of public schools in B.C. 1,579 1,579
# of public-school students in B.C. 604,757 614,894
Table 2: Baseline School Food Programming Indicators and Estimates
Indicator SY 2023/24 Estimates SY 2024/25 Projection no NSFP funding SY 2024/25 Projection with NSFP fundingFootnote 2
Total number of programs in B.C.
Approximate # of schools operating SFPs (breakfast, lunch, and/or snacks)Footnote 3 860 schools (of 979 schools)** 1,370 (87%)* 1,370 (87%)*
Approximate # of schools with enhanced SFPs, including enhanced infrastructure N/A 0 1,008Footnote 4
Numbers based on program type
Approximate # of schools offering breakfast programs 651 schools (of 979 schools)** 1,078 (68%)* 1,078 (68%)*
Approximate # of schools offering lunch programs 786 schools (of 979 schools)** 1,270 (80%)* 1,270 (80%)*
Approximate # of schools offering snack programs 781 schools (of 979 schools)** 1,370 (87%)* 1,370 (87%)*
Students served
Approximate total # of students accessing breakfast, lunch, or snacks through all SFPs 130,648 (22% of 2023/24 enrolled public students)** 161,834 (28% of 2024/25 enrolled public students)* 161,834 (28% of 2024/25 enrolled public students)*
Approximate total # of students reached by enhanced SFPs, including enhanced infrastructure N/A 0 90,000Footnote 5
Staffing
# of districts with a School Food Coordinator position (part or full time) 44/60 (73%) 44/60 (73%) 44/60 (73%)
Total # of FTEs allocated to School Food Coordinator positions 32.0 32.0 32.0
Approximate $ spent on all SFP staffing $16,855,280 Approximately $17,000,000 Approximately $17,000,000
Infrastructure
Approximate $ spent on infrastructure (appliances, kitchen upgrades, equipment for prepping, serving, delivering food, etc.) $4,770,570 Approximately $5,000,000 > $5,000,000***

Section 4: Expenditures

Table 3: Projected Funding Allocation by Category
Investment Category Projected Allocation of FY 2024/25 Funding Description
Food $4,537,908 63% of provincial Feeding Futures expenditures in 2023/24 were on food (including direct food purchases and funding to third party providers)
Capital/Infrastructure >$504,212 7% of provincial Feeding Futures expenditures in 2023/24 were on equipment and infrastructure. It is expected that expenditures of NSFP funds in this category will be higher than projected as federal funds can be spent on infrastructure in 2024/25. Food and staffing expenditures are expected to be lower as a result.
Staffing $1,800,757 25% of provincial Feeding Futures expenditures in 2023/24 were on staffing.
Admin $ 360,151 5% of provincial Feeding Futures expenditures in 2023/24 were on other costs, such as administration.

British Columbia's 2024-25 School Food Investments

B.C.'s FY 2024/25 Allocations: $7,387,722

Table 4: British Columbia's 2024-25 School Food Investment through the Ministry of Education and Child Care
Investment Category FY 2024/25 Planned Expenditure Description
ECC Administration $184,693 (2.5%) ECC will only take a 2.5% administration fee in Year 1, however will take a 10% administration fee beginning in Year 2 (2025/26) from the total FY allocation amount, as authorized by the federal government.

Total to ECC: $184,693

Table 5: British Columbia's 2024-25 School Food Investment through School Districts
Investment Category FY 2024/25 Planned Expenditure Description
School District Food Program Funding $7,203,029 Year 1 funds for FY 2024/25 would be allocated to districts with schools that have SES indices below the provincial average. Districts would have the flexibility to spend funding where it is needed most but would be enabled to use funding to address infrastructure needs.  

Total to School Districts: $7,203,029

Section 5: Indigenous Collaboration

Ensuring that students have access to culturally preferred foods and that school food programs centre and include students, families, local First Nations, Rightsholders, Indigenous partners, and community members in decision-making are guiding principles for Feeding Futures. Districts and schools have the flexibility to implement school food programs that reflect their distinct cultures, communities, and student populations. Resources are available for incorporating traditional foods in school food programs, such as the Cooking in Two Worlds resource released by AF in consultation with Elders and Knowledge Holders from across B.C., which can be used as a guide for incorporating Indigenous foods into school food programs.

In addition, B.C.'s Bill 40 requires each Board of Education to establish and maintain an Indigenous Education Council for the purposes of advising the board respecting any matter related to providing comprehensive and equitable educational programs and services for Indigenous students (First Nations, Métis, and Inuit) and improving Indigenous student achievement. The IEC consists of members from each local First Nation in whose traditional territory the board operates as well as each non-local First Nation with students enrolled in an educational program within the district. Using their student data, and with the advice of local First Nations, the board will invite additional persons to the IEC that bring perspectives relevant to the Indigenous student population served by the Board. Such individuals may bring the perspectives of local First Nation students, First Nation students from other parts of B.C. or outside of B.C., Métis students, or Inuit students. Bill 40 and the IEC Ministerial Order requires the IEC to advise on the Board's planning, spending, and reporting on school food program funds in relation to Indigenous students. School districts are required to report back to ECC on how they engaged with their IEC and/or local First Nations regarding school food program planning and spending.

With respect to First Nation schools, Indigenous Services Canada (ISC) matches funding that is provided to B.C. public schools for First Nation schools on-reserve in the province through the BC Tripartite Education Agreement. In September 2023 and 2024, ISC distributed an adapted amount of funding to First Nation schools in B.C. for school food programs.

ECC also prioritizes distinctions-based collaboration with FNESC, Métis Nation BC (MNBC), and other Indigenous partners in the development of the Feeding Futures framework in B.C. ECC regularly collaborates with FNESC to ensure that school food programs are upholding the rights and meeting the needs of First Nation students, regardless of where they live or attend school. The Ministry also works with FNESC to address specific questions and concerns relating to First Nation students' access to school food programs. ECC also engages separately with MNBC to provide information about Feeding Futures and learn about additional opportunities to support Métis students and families. Additionally, FNESC, MNBC, the First Nations Health Authority, and the BC Association of Aboriginal Friendship Centres participated in the FFAC over the 2023/24 school year to inform consistent and equitable school food program delivery in B.C. and discuss topics such as incorporating traditional foods into programs and the barriers to program access for Indigenous students.

Section 6: Official Language Minority Communities (OLMCs)

In B.C., School District 93 - Conseil scolaire francophone (CSF) is one of the 60 public Boards of Education with a specific mandate to provide K-12 public education in French throughout the province. The CSF is B.C.'s only francophone education authority and oversees 47 schools across the province. As the CSF is one of B.C.'s public Boards of Education, they receive funding, including Feeding Futures funding, through the operating grant formula used for all Boards of Education in B.C., which allocates operating grants using individual district enrolments and specific factors that apply to each school district. The operating grant allocated to CSF takes into consideration its unique geographic factors as a province-wide district with dispersed schools. Additionally, the CSF receives a 15% supplement to account for geographic as well as cultural and linguistic factors on top of their operating grant. The CSF is receiving $1,066,583 in Feeding Futures funding for the 2024/25 school year. Under the NSFP implementation plan, the CSF would receive approximately $47K in additional school food program funding in Y1.

The CSF is included in all ECC engagement activities with school districts and has a representative School Food Coordinator to whom ECC communicates school food updates and resources. The CSF's School Food Coordinator attends the in-person Feeding Futures Fall and Spring Gatherings to network with other coordinators across the province and is invited to participate in the Feeding Futures Community of Practice sessions occurring monthly in the 2024/25 school year to learn and work through challenges with coordinators across the province. The ECC team also provides support to the CSF to complete required Feeding Futures interim and end-of-year financial reports and answers school food related inquiries via email correspondence. Additionally, ECC's Build a School Food Program website and select resources, such as the School District Delivery Model Examples , are available in French.

Section 7: Reporting

ECC commits to collect and report to Canada no later than April 30, 2025, interim results of National School Food Program funding to British Columbia on all indicators listed above in Section 3 (separated into indicators with and without federal impacts). A list of schools that are expected to receive federal funding, including school name, postal code, and language of instruction, will be provided in February 2025. Should new data measuring the indicators in Section 3 become available, ECC will provide this data to Canada.

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