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Canada – Manitoba 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 Announcement” means an intentional release of information to the media by Canada, Manitoba or by an entity with whom Manitoba has an agreement in relation to the National School Food Program or the funding of the National School Food Program by Canada and includes but is not limited to press releases, statements, interviews, speaking engagements and official ceremonies.

“School year” means the period covered by school calendars adopted by school boards.

Preamble

Whereas, Canada and Manitoba are in agreement with the Vision, Principles, Scope and Objectives outlined in the National School Food Policy, and will work together to improve outcomes for learners through food programs;

Whereas, Canada has committed to establishing the National School Food Program notwithstanding that the Government of Manitoba has the primary responsibility for the design and delivery of school food programs in Manitoba;

Whereas, Manitoba has an existing universally accessible school nutrition program to make meals or snacks available to students across the province;

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 Executive Government Organization Act authorizes the Manitoba Minister to enter into agreements with the Government of Canada under which Canada undertakes to provide funding toward costs incurred by the Government of Manitoba 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 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 to determining Indigenous school food priorities and enhancing Indigenous food security, health, and social outcomes;

Whereas, Manitoba invests in school food programming, including for Indigenous children attending Manitoba-operated schools, Manitoba agrees to ensure School Divisions and Districts work collaboratively with Indigenous communities and/or organizations to achieve culturally appropriate school food programming in applicable School Divisions and Districts, and Canada and Manitoba agree to work collaboratively and share information regarding investments related to school food programming;

Whereas, Canada and Manitoba 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 are critical to the vitality of those communities. Manitoba agrees to take into account the needs of Official Language Minority Communities in its jurisdiction;

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, Canada and Manitoba agree as follows:

1.0 Vision for a National School Food Program

1.1 Canada and Manitoba 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, as attached in Annex 1.

2.0 School Food Objectives and Areas of Investment

2.1 Commitments

2.1.1 Canada and Manitoba agree that with the funds allocated over the period of this Agreement, Manitoba 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 of the National School Food Policy, as outlined in Annex 1, with flexibility to add additional, complementary objectives that align with Indigenous priorities and with Manitoba’s priorities described in paragraph 1.2;
  2. ensuring that investments funded through this Agreement consider the specific needs of Indigenous children attending Manitoba-operated schools;
  3. considering, and where appropriate implementing, options beyond federal-provincial/territorial funding for increasing school food investment to reach more students, in alignment with best practices.

2.1.2 Manitoba’s approach to achieving these objectives is set out in the requirements for their preliminary Action Plan (Annex 2) and will be further expanded upon in Manitoba’s future Action Plans which will be developed during the term of this Agreement.

2.2 Eligible Areas for Allocating Federal Investments

2.2.1 Manitoba 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 Principles and Objectives outlined in the National School Food Policy. Manitoba will consider that funding support programs and services delivered predominately by not-for-profit entities, where possible, however, Manitoba 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, secondary schools, and community centres;
  3. at least 95% of the federal funding must be allocated to eligible expenses as defined in this Agreement, 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 could 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, and other expenses necessary to support the delivery of programming.

2.3 Official Languages

2.3.1 Manitoba commits to enhance the vitality of the French and English linguistic minority communities in Manitoba and to foster the full recognition and use of both French and English in Manitoba so as to support and assist in their development, and protect and promote the French language. Manitoba commits to taking into account the needs of Official Language Minority Communities through engagement and consultation activities when developing and delivering Manitoba's school food programming and the measures under this Agreement, and to report on such.

2.3.2 Where appropriate, Manitoba agrees to offer communication or services funded through this Agreement equally in both official languages to the public. 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 Manitoba 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 Manitoba conditional upon the execution of a subsequent bilateral funding Agreement ("Renewal Agreement"). The renewal of a subsequent agreement will provide Manitoba 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 Manitoba through the Canada Social Transfer or any other transfers, in order to support school food programming within Manitoba.

4.2 Allocation to Manitoba

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

B + T + ( F x K L )

where:

4.2.3 Manitoba’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 $3,806,928.

4.2.4 Manitoba’s estimated share of the total annual maximum amounts described in paragraph 4.2.1, subject to annual adjustment, will be as follows:

  1. $6,694,136 for the fiscal year beginning on April 1, 2025
  2. $6,694,136 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 Manitoba 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 Canada receives and approves the updated 2024-2025 Action Plan to be submitted by Manitoba after the signing of this Agreement, as provided herein.

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 May 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 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 Manitoba 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 Manitoba 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 Manitoba 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 Manitoba 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 Manitoba has failed to provide its Annual Report and audited financial statement for the previous fiscal year in accordance with paragraphs 5.1.3 and 5.2.1.d until such time as the Annual Report and annual audited statement are provided 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 Manitoba’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 Manitoba’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 Manitoba agree that funds provided by Canada under this Agreement will only be used by Manitoba 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, Manitoba may retain for use in fiscal year 2025 to 2026 reasonable unexpended funds remaining from Manitoba'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, Manitoba may retain for use in fiscal year 2026 to 2027 reasonable unexpended funds remaining from Manitoba'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 Manitoba exceed the amount to which Manitoba 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, 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 Manitoba under this Agreement.

4.7 Displacement of provincial funds

4.7.1 Manitoba 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, during the duration of this Agreement, as per paragraph 2.2.1.

5.0 Accountability

5.1 Action Plan

5.1.1 Manitoba has completed and shared a preliminary Action Plan for fiscal year 2024 to 2025, which Canada and Manitoba have mutually agreed to, as set out in Annex 2 of this Agreement. Manitoba will submit a revised 2024-2025 Action Plan by December 31, 2024, for Canada’s approval. Manitoba agrees to publicly release their 2024-2025 Action Plan in both official languages.

5.1.2 Manitoba will engage stakeholders, right holders, and partners, such as parents, school communities, experts, Indigenous peoples, Official Language Minority Communities’ stakeholders and other interested Manitobans to support the implementation of its Action Plan, as appropriate.

5.1.3 Manitoba recognizes that engaging with stakeholders and partners such as parents, caregivers, children, school communities, experts, Indigenous peoples, Official Language Minority Communities and other interested residents of Manitoba is important.

5.1.4 By April 1, 2025, Manitoba is expected to share its Action Plan for fiscal years 2025 to 2026 and 2026 to 2027. This Action Plan will expand on Manitoba’s Action Plan for fiscal year 2024 to 2025 by including greater detail, new and renewed commitments, and more extensive indicators and 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 Manitoba’s Action Plan for fiscal year 2024 to 2025 must be included within Manitoba’s Action Plan for fiscal years 2025 to 2026 and 2026 to 2027.

5.1.6 Manitoba 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. Manitoba will release any such amendments publicly after approval by Canada.

5.2 Reporting

5.2.1 Within the 2024 to 2025 fiscal year, Manitoba 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 expanded two-year Action Plan. Within six months of the signed Agreement or no later than April 30, 2025 (whichever comes first), Manitoba 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, Manitoba 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 Manitoba and in keeping with the Manitoba’s 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 Manitoba Action Plan;
  2. baseline estimates for key indicators as set out in the Manitoba 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 Manitoba 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 Manitoba Action Plan;
  5. description of any relevant engagement processes, including with Indigenous and Official Language Minority Communities and organizations, 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 Manitoba Action Plan.

5.2.3. Canada, with prior notice to Manitoba and the opportunity for Manitoba to review and comment, may incorporate all or any part or parts of Manitoba’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, Manitoba 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 Manitoba in developing and administering school food programs under paragraph 2.2.2.
  4. The amount of any funding carried forward by Manitoba 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 Manitoba Auditor General or his/her delegate, or by an independent public accounting firm registered under the laws of Manitoba and in accordance with Canadian Generally Accepted Auditing Standards.

5.4 Evaluation

5.4.1 Manitoba is responsible for evaluating its school food programs. Manitoba 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 Manitoba’s mutual agreement, Canada may make public the results of any such evaluations. Manitoba may be asked to participate in the evaluation of the initiatives under this Agreement and agrees to provide relevant and available information as reasonably requested by Canada.

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

5.4.3 Canada and Manitoba 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 Manitoba 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 Manitoba agree to work together 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 Canada and Manitoba agree to work together to improve data collection and dissemination on key school food information.

6.4 Manitoba 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. Subject to mutual 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 Manitoba’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 Manitoba 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 Subject to Canada and Manitoba’s mutual agreement, 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 Manitoba will ensure that School Divisions and Districts consider the specific needs of Indigenous children attending Manitoba-operated schools in their development and implementation of nutrition programming.

7.2 Manitoba agrees to encourage and support School Divisions and Districts to engage with Indigenous partners and/or communities on school food programming.

7.3 Canada and Manitoba agree to work collaboratively and share information, where relevant, on investments related to Indigenous 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, defined as events, announcements, news releases, social media, web pages, reports and signage related to the funding provided through this Agreement. 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. The initial announcement, announcing the signing of this Agreement must be a joint public communication.

8.3 Canada and Manitoba 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 Manitoba will ensure Canada receives recognition and the appropriate credit and visibility in public communications, defined as events, news releases, websites, reports and signages, including on print and digital materials, about investments financed through this Agreement.

8.5 Canada and Manitoba agree to give each other ten (10) business days advance notice, that includes a summary, of intended public communications. This is defined as events, news releases, reports and signage related to this Agreement and results of the investments of this Agreement. Public communications will take place at a mutually agreed date and location.

8.6 Canada and Manitoba each reserve the right to conduct public communications defined as events, news releases, reports and signage about this Agreement.

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

8.9 Manitoba or other school food funding distributors must provide Canada ten (10) business days in advance of a release, copies of all public communications (including but not limited to websites, publications, press releases, presentations, reports, and project signage), announcements, events, outreach, marketing and advertising products related to the Agreement or, upon request by Canada. Canada reserves the right to submit a ministerial quote for inclusion in any press release issued by Manitoba or the ultimate recipient related to investments or results of this Agreement.

8.10 Canada and Manitoba agree on the importance of child health and nutrition and will ensure that public announcements 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 Manitoba are committed to working together and avoiding disputes through government-to-government information exchange, advance notice, early consultation, and discussion, clarification, and resolution of issues, as they arise.

9.2 If at any time either Canada or Manitoba 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 Manitoba 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 Manitoba 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 Manitoba, and if it cannot be resolved by them, then the respective Ministers of Canada and Manitoba 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 Manitoba 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 Manitoba are the Senior Assistant Deputy Minister, Strategic and Service Policy Branch, Employment and Social Development Canada and the Assistant Deputy Minister, Indigenous Excellence Division, Manitoba Education and Early Childhood Learning, respectively.

10.0 Amendments to the Agreement

10.1 This Agreement and 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 of either Party’s 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 Manitoba 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, Manitoba 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, 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 Manitoba shall be:

Indigenous Excellence in Education
Manitoba Education and Early Childhood Learning
1577 Dublin Avenue
Winnipeg, MB
R3E 3J5

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 Manitoba.

13.3 No member of the House of Commons or of the Senate of Canada or of the Legislature of Manitoba 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 11th day of October, 2024.

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

Signed on behalf of Manitoba by the Minister of Manitoba Education and Early Childhood Learning at Winnipeg this 15th day of October 2024.

[Signed for] The Honourable Nello Altomare, Minister of Manitoba Education and Early Childhood Learning

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 – Manitoba

Section 1: Introduction / Overview

Historically, school food programming in Manitoba has been funded by the provincial government, school divisions, sponsors, charities, and community partners. School divisions have allocated some funding from their overall budgets to nutrition programs when possible, and many schools have applied for individual grants on an annual basis to provide nutrition programming. The Child Nutrition Council of Manitoba (CNCM), a charitable organization has been a long-standing government partner distributing government and internally raised funding to support nutrition programs in schools and community organizations. In 2023-24, Manitoba provided a total of $3.87M to CNCM who allocated over $4M to 398 schools for nutrition programs.

In 2023-24 a breakfast, lunch or snack program was offered in approximately 509 public schools (73% of all schools). Many of these programs were limited based on need or emergency situations. A total of 61,773 students participated daily in at least one nutrition program, approximately 32% of the total provincial enrolment for 2023/2024.

Until the 2024-25 school year, nutrition programming has largely been done through grants, limited staffing resources, and volunteer efforts. Although schools and educators across Manitoba have worked tirelessly to provide students food when needed; with such limited resources, Manitoba was unable to provide universal access to all students.

In 2024-25, Manitoba has invested $30 million to create a Universally Accessible School Nutrition Program. A Universally Accessible School Nutrition Program means that food/beverages must be accessible to any student in any publicly funded school in a school division at no cost to the student, regardless of perceived need. Students must not face any barriers or stigma to participation in school nutrition programming. While it is not expected that that every public school provides breakfast, lunch and snacks to every student, every day, it is expected that every student can access food in their school during a school day, in a way that is barrier free and stigma free.

Guiding principles:

The program is delivered through three different streams of funding:

The $15M allocated directly to school divisions is based on a formula that takes into consideration factors such as division enrolment, socioeconomic factors and location. School divisions were given autonomy to allocate their portion of the $15M to best meet the needs of their local schools and communities. They submitted plans for approval using a set of guiding principles and expenditure categories (food, staffing, equipment/infrastructure) that were developed by Manitoba Education and Early Childhood Learning (MEECL).

Manitoba has allocated $6M to 50 schools across the province with high socioeconomic needs. Each of the 50 schools will receive $120k for 2024-25 and are expected to provide more robust nutrition programming than other schools, including breakfast, snack and lunch options for most students daily.

Manitoba will also provide approximately $9M in funding to community partners to ensure Manitoba students have access to food throughout the school day and beyond.

The Child Nutrition Council of Manitoba (CNCM) is a charitable organization that provides application-based nourishment grant funding for meal and snack programs to schools throughout the province of Manitoba, in urban, rural, and northern communities. The Council also employs registered dietitians who provide nutrition education, resources to support all aspects of organizing and running a program, and opportunities for networking and sharing stories and ideas across participating schools. CNCM is receiving a total of $4.9 million to provide grants and educational resources to schools for 2024-25.

Starting in July 2024, community organizations and school divisions who provide after school, summer, and school break programs were able to apply for grants to provide meals and snacks to students during their programming outside of school hours. Approximately 44 organizations are receiving a total of $2M under this program.

Another $2.1 million has been allocated to family outreach and program evaluation. This includes funding to Harvest Manitoba, a not-for-profit organization, the fourth largest food distributer in Canada, and the only provincial food network in Manitoba. With grant funding in 2024-25 Harvest Manitoba will expand its Meals2Go program, a weekend breakfast program that provides students with a nutritious take-home food kit to ensure they have access to food over the weekend. Manitoba will provide $532,265 to Harvest Manitoba in 2024-25.

Manitoba is actively working to enhance partnerships with non-profit agencies and considering other programming options to implement in 2024-25 with the remainder of the available funding.

Section 2: Implementation Plan

Manitoba will allocate the $3.8M in federal funding as follows:

Harvest Manitoba - $532,265

Creation of new and expansion of existing school nutrition programs - $3,274,663

Harvest Manitoba

Harvest Manitoba is the fourth largest food distributer in Canada and the only provincial food network in Manitoba. They collect and distribute nutritious food to more than 90,000 Manitobans in need per month. Harvest Manitoba has a long history of supporting Manitoba families to acquire nutritious food, and has demonstrated its ability to work with school divisions and other organizations to deliver healthy food to families with school-aged children.

The Meals2Go program provides students in need with a nutritious kit of food to take home every weekend to address the gap of food insecurity after school hours. Each kit contains nutritious items such as: cereals, yogurt, milk, and fresh fruit.

Meals2Go currently serves 2500 students and their families throughout Manitoba. With an additional $1,064,530 in 2024-25 Harvest Manitoba will double their Meals2Go programming reach to 5000 students and their families. Manitoba will cost share this initiative with Canada.

Creation of new/expansion of existing school nutrition programs

Manitoba will allocate the remaining $3,274,663 to create new and enhance existing school nutrition programs. Although Manitoba has invested $30M for school food in 2024-25, the need exceeds this investment.

Manitoba has allocated this funding to 37 schools based on quantitative data regarding school enrolment, socioeconomic factors, cost of food based on location and discussions with school divisions to determine specific needs including staffing, infrastructure and capacity of schools to enhance or deliver new programming.

In addition to the $6M Manitoba committed to 50 schools with high socioeconomic need, the additional federal funding will enhance and/or create new nutrition programming in 37 more schools with high socioeconomic need.

Section 3: Indicators, Targets and Expected Results

Baseline data for nutrition programming in Manitoba is currently available for 2023-2024 (see detailed report).

In 2023-2024:

Manitoba has developed reporting templates for school divisions to report on the following data for school nutrition programming, and these will include the schools being funded by Canada:

School Divisions will provide reports to Manitoba in January and July of 2025, and Manitoba will provide interim reports to Canada by April 30, 2025. Manitoba will provide final reports from the 2024-25 school year to Canada by October 1, 2025.

Section 4: Expenditures

Manitoba has provided a list of schools who will receive federal funding to Canada.

Expenditures will include:

Funding for Harvest Manitoba - Cost shared with Government of MB

Government of Canada funding:

Government of MB funding:

Combined total for Harvest Manitoba: $1,064,530 to reach 5000 students

Funding for creation/expansion of existing school nutrition programs in 37 schools

Total estimated reach of federal funding across both initiatives for 2024-2025 is 19,080 students.

Section 5: Indigenous Collaboration

In Manitoba, school nutrition programming is now the responsibility of the Indigenous Excellence Division, Manitoba Education and Early Childhood Learning. Indigenous Excellence works in partnership with Indigenous leadership and organizations in Manitoba, including First Nations and Métis partners.

The Manitoba Universally Accessible School Nutrition Program for publicly funded schools includes schools in First Nation communities under an educational agreement with a school division. Indigenous student enrollment was a key criterion in identifying and selecting 50 schools across the province with high socioeconomic needs will receive $120k for 2024-25. This enrolment data was also considered when negotiating with school divisions regarding federal funding.

Manitoba’s Elders and Knowledge Keepers in Schools Initiative supports the development and delivery of Indigenous worldviews through assisting schools to engage in respectful and relational partnerships with Elders and Knowledge Keepers. Those schools participating in this initiative across Manitoba will be able to work with Elders and Knowledge Keepers to implement culturally informed food programming.

Section 6: Official Language Minority Communities (OLMCs)

The Division scolaire franco-manitobaine (DSFM) manages French-language schools in Manitoba. It has 24 schools and an adult learning center. It is the only school division to offer the French first language program, from kindergarten to grade 12. Students who do not live in a DSFM school catchment area are bussed to a DSFM school free of charge if they wish to attend a French-language school. DSFM is receiving $629K through Manitoba’s Universally Accessible School Nutrition Program for 2024-2025.

Socioeconomic indicators are not always accurate for DSFM schools as students can be bussed from other divisions, especially in Winnipeg. Manitoba has taken this into consideration and has allocated additional funds to them from the National School Food Program funding.

Section 7: Reporting

Manitoba will provide Canada with data and reporting on interim results of the of National School Food Program funding on indicators as above in Section 3, by April 30, 2025.

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2025-07-02