Canada – The Northwest Territories 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, the Northwest Territories or by an entity with whom the Northwest Territories 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, excluding summer holidays.

Preamble

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

Whereas, Canada and the Northwest Territories have committed to work together to establish the National School Food Program notwithstanding that the Northwest Territories has the primary responsibility for the design and delivery of school food programs in the Northwest Territories;

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 Northwest Territories Devolution Act (Canada) provides the Legislative Assembly with the power to make laws regarding the entering into of intergovernmental agreements (s. 18(1)(u)). The Northwest Territories' Legislative Assembly and Executive Council Act allows the Minister to enter into agreements for or on behalf of their department or the Northwest Territories (s. 71), under which Canada undertakes to provide funding toward costs incurred by the Northwest Territories 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 of determining Indigenous school food priorities and enhancing Indigenous food security, health, and social outcomes;

Whereas, the Northwest Territories invests in school food for Indigenous children attending the Northwest Territories-operated schools, Canada and the Northwest Territories agree to work collaboratively with Indigenous governing bodies and organizations to achieve a culturally appropriate National School Food Program;

Whereas, Canada and the Northwest Territories 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, Canada and the Northwest Territories agree as follows:

1.0 Vision for a National School Food Program

1.1 Canada and the Northwest Territories 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.

2.0 School Food Objectives and Areas of Investment

2.1 Commitments

2.1.1 Canada and the Northwest Territories agree that with the funds allocated over the period of this Agreement, the Northwest Territories 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 the Northwest Territories' priorities;
  2. ensuring that investments funded through this Agreement consider the specific needs of Indigenous children attending the Northwest Territories-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 (e.g., pay-what-you-can models).

2.1.2 The Northwest Territories' 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 The Northwest Territories 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. The Northwest Territories will consider that funding support programs and services delivered predominately by not-for-profit entities, where possible, however, the Northwest Territories 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), for the provision of school food during the school year;
  4. for the purposes of paragraph 2.2.1.c, funding for school food programs and services delivered in advance of, or during, school holidays that occur during the school year are considered during the school year.

2.2.2 Subject to Canada's approval, eligible expenditures 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 The Northwest Territories commits to enhance the vitality of the French and English linguistic minority communities in the Northwest Territories and to foster the full recognition and use of both French and English in the Northwest Territories so as to support and assist in their development.

2.3.2 The Northwest Territories agrees to consult with Official Language Minority Community stakeholders about the Northwest Territories' school food programming and the measures under this Agreement, to report on such, and to take such into account throughout as it implements school food programming in the Northwest Territories (including in relation the provision of programming and services by third parties) in order to foster the full recognition and use of both English and French in Canada.

2.3.3 The Northwest Territories agrees to actively offer any communication or services funded through this Agreement in both official languages in equal quality and simultaneously to the public, as per Part IV of the Official Languages Act. 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 the Northwest Territories 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 the Northwest Territories conditional upon the execution of a subsequent bilateral funding Agreement ("Renewal Agreement"). The renewal of a subsequent agreement will provide the Northwest Territories 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 the Northwest Territories through the Canada Social Transfer in order to support school food programming within the Northwest Territories.

4.2 Allocation to the Northwest Territories

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

B + T + ( F × K L )

where:

4.2.3 The Northwest Territories' 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 $2,269,047.

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

  1. $2,573,181 for the fiscal year beginning on April 1, 2025
  2. $2,573,181 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 the Northwest Territories 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 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 the Northwest Territories 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 the Northwest Territories 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 the Northwest Territories 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 the Northwest Territories 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 the Northwest Territories 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 the Northwest Territories 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 the Northwest Territories' 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 the Northwest Territories' 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 the Northwest Territories agree that funds provided by Canada under this Agreement will only be used by the Northwest Territories 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, the Northwest Territories may retain for use in fiscal year 2025 to 2026 reasonable unexpended funds remaining from the Northwest Territories' 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, the Northwest Territories may retain for use in fiscal year 2026 to 2027 reasonable unexpended funds remaining from the Northwest Territories' 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 the Northwest Territories exceed the amount to which the Northwest Territories 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 the Northwest Territories under this Agreement.

4.7 Displacement of territorial funds

4.7.1 The Northwest Territories 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 The Northwest Territories 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, the Northwest Territories will publicly release their Action Plan in both official languages.

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

5.1.3 The Northwest Territories will share with Canada the results of any engagement undertaken during the development of its Action Plans. The Northwest Territories recognizes that engaging with parents, children, school communities, experts, Indigenous peoples, Official Language Minority Communities' stakeholders and other interested residents of the Northwest Territories is necessary for developing each Action Plan.

5.1.4 By April 1, 2025, the Northwest Territories is expected to share its Action Plan for fiscal years 2025 to 2026 and 2026 to 2027. This Action Plan will significantly expand on the Northwest Territories' 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 the Northwest Territories' Action Plan for fiscal year 2024 to 2025 must be included within the Northwest Territories' Action Plan for fiscal years 2025 to 2026 and 2026 to 2027.

5.1.6 The Northwest Territories 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. The Northwest Territories will release any such amendments publicly after approval by Canada.

5.2 Reporting

5.2.1 Within the 2024 to 2025 fiscal year, the Northwest Territories agrees to provide baseline data (i.e., from the most recent full school year) on indicators set out in their Action Plan, and at a minimum, the common indicators, within their Action Plan, as set out in Annex 2. If these data are not available in time for inclusion within the Action Plan for fiscal year 2024 to 2025, they must be reported within the more robust two-year Action Plan. Within six months of the signed Agreement or no later than April 30, 2025 (whichever comes first), the Northwest Territories 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 31 of each year, starting in 2025 and until 2027, the Northwest Territories 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 the Northwest Territories and in keeping with the Northwest Territories 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 Northwest Territories' Action Plan;
  2. baseline estimates for key indicators as set out in the Northwest Territories' 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 Northwest Territories' 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 Northwest Territories' Action Plan;
  5. description of any relevant consultation 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 Northwest Territories' Action Plan.

5.2.3. Canada, with prior notice to the Northwest Territories and the opportunity for the Northwest Territories to review and comment, may incorporate all or any part or parts of the Northwest Territories' 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 31 each year, starting in 2025 and until 2027, the Northwest Territories 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 the Northwest Territories in developing and administering school food programs under paragraph 2.2.2;
  4. The amount of any funding carried forward by the Northwest Territories 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 Northwest Territories Auditor General or his/her delegate, or by an independent public accounting firm registered under the laws of the Northwest Territories and in accordance with Canadian Generally Accepted Auditing Standards.

5.4 Evaluation

5.4.1 The Northwest Territories is responsible for evaluating its school food programs. The Northwest Territories 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. Canada may make public the results of any such evaluations.

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

5.4.3 Canada and the Northwest Territories 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 Canada and the Northwest Territories 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, to further support the delivery, including the development and expansion, of school food programming.

6.2 Canada and the Northwest Territories agree to work together, and with stakeholders 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 the Northwest Territories agree to work together to improve data collection and dissemination on key school food indicators to support future programming.

6.4 The Northwest Territories 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 the Northwest Territories' 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 The Northwest Territories 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 the Northwest Territories, 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 The Northwest Territories will ensure that programming considers the specific needs of Indigenous children attending the Northwest Territories-operated schools and aligns with existing or newly established distinctions-based school food policies and priorities.

7.2 The Northwest Territories agrees to engage with Indigenous partners on school food programming.

8.0 Communications Protocol

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

8.2 Each of the Parties may request joint public communications, 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 the Northwest Territories 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 The Northwest Territories will ensure Canada receives recognition and the appropriate credit and visibility in public communications, defined as events, news releases, websites, reports and signage, including on print and digital materials, about investments financed through this Agreement.

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

8.7 The Northwest Territories 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 The Northwest Territories 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 The Northwest Territories 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 the Northwest Territories or the ultimate recipient related to investments or results of this Agreement.

8.10 Canada and the Northwest Territories 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 the Northwest Territories 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 the Northwest Territories 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 the Northwest Territories 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 the Northwest Territories 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 the Northwest Territories, and if it cannot be resolved by them, then the respective Ministers of Canada and the Northwest Territories 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 Northwest Territories 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 the Northwest Territories are the Senior Assistant Deputy Minister, Strategic and Service Policy Branch, Employment and Social Development Canada and the Assistant Deputy Minister, Education and Early Childhood, Department of Education, Culture and Employment, respectively.

10.0 Amendments to the Agreement

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

10.2 Waiver

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

11.0 Termination

11.1 Either Party may terminate this Agreement at any time if the terms of this Agreement are breached by the other Party by giving at least 6 months written notice of 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 the Northwest Territories 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, the Northwest Territories 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 the Northwest Territories shall be:

Department of Education, Culture and Employment
P.O. Box 1320
Yellowknife NT X1A 2L9

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 the Northwest Territories.

13.3 No member of the House of Commons or of the Senate of Canada or of the Legislature of the Northwest Territories 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 15th day of January, 2025.

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

Signed on behalf of the Northwest Territories by the Minister of Education, Culture and Employment at Yellowknife this 20th day of January, 2024.

[Signed by] The Honourable Minister Caitlin Cleveland, Minister of Education, Culture and Employment

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 - Northwest Territories

Section 1: Introduction/Overview

The Government of Northwest Territories (GNWT) Department of Education, Culture and Employment (ECE) distributes funding to ten education bodies who oversee forty-nine Northwest Territories (NWT) schools, for breakfast, snack and/or lunch programming, accessible by 100% of students, through the Healthy Food for Learning program. The annual investment in school food programming in fiscal year 2023-2024 was $650,000.

The Northwest Territories Education Act requires the Minister of Education, Culture and Employment to take steps necessary to maintain standards for the education program at the highest level possible. It additionally requires education bodies to provide support services necessary for the delivery of the education program. The Northwest Territories Legislative Assembly and Executive Council Act outlines the authority of the Minister to enter into funding agreements with the Federal Government to support this programming. Education bodies determine how to distribute their allocated funding and considerations are given to the disparities in cost of food, availability of food, and cost of infrastructure, all which differ between Yellowknife, regional centres and small communities.

The Healthy Food for Learning Program is supported by the Anti-Poverty Strategic Framework and aims to increase the capacity of schools to provide healthy meals and/or snacks to students. Current program funding is aimed at food spending and does not cover essential program components such as staffing and program delivery needs (e.g., training and kitchen equipment). Program funding has remained at $650,000 per year distributed among ten education bodies since 2015.

Shortfall and unmet needs identified by NWT schools include funding for staff, kitchen equipment, and infrastructure to run programs; increased food costs; high number of families experiencing food insecurity; administration burdens (i.e., proposal and report writing for outside funders); transportation costs; and organization of school staff and volunteers to run food programs. In certain communities, these shortfalls are exacerbated by the remoteness of the community (i.e., fly-in only or accessible by winter road).

School food programming in the territory is supported by the GNWT, Government of Canada (Indigenous Services Canada), not-for-profit sector, and private sector. The scope and scale of programs varies by school and education body. It is unknown currently whether for-profit businesses contribute to program delivery, nor does the GNWT currently have information on the level of funding raised by outside sources. ECE distributes funding to NWT schools for breakfast, snack and lunch programming through the Healthy Food for Learning program.

In addition to the Healthy Food for Learning Program, the Government of Northwest Territories Department of Health and Social Services (HSS) has been providing additional funding to schools, via application, through a food-nutrition education program called Drop the Pop (envelope of $120,000 annually). The parameters of this funding are expected to change in 2025-2026 and its use will vary based on each school's Health Promotion priorities, therefore, it may not support food-nutrition education programming going forward.

Some schools have benefited from donations or supports supplied to them by local businesses such as grocery stores. They have also benefited from donations or supports supplied to them by the resource development industry through impact-benefit agreements.

NWT schools can further apply for additional funding through direct and indirect funding sources (not-for-profit and private). Applications and support provisions are on an individual school basis.

Current direct funding sources for school food programs include:

Current indirect funding sources for school food programs include:

Specific to the Inuvialuit Settlement Region (ISR), in 2021, the Inuvialuit Regional Corporation's (IRC) began supporting school food programs in their region, which consists of seven schools and approximately 1,200 students. This program includes a range of supports including breakfasts, lunches, and summer meal support for families. Each community's food program takes its own form and runs supportively, albeit independently, from the Beaufort Delta Divisional Education Council, the education body that oversees the schools in the Inuvialuit Settlement Region and Gwich'in Settlement Region.

Funding distributed to schools through the Healthy Food for Learning Program has been designated for the purchase of healthy and nutritious food for all NWT children and youth. Types of school food programs include, for example, breakfast, lunch and snack programs or support for traditional food days and cooking classes. Schools who have sought additional funding sources have food programs that further include the provision of meals and snacks for sport or special events, after school programs, grocery cards and weekly and/or weekend take home food programs for families experiencing food insecurity.

Following the integrity of the Healthy Food for Learning Program, federal food funding will not be used for programming outside of the school day/year such as the above noted after school programs, grocery cards and weekly/weekend take home offerings.

Reports on School Food Programs are noted within Northwest Territories Education Body Annual Reports. The 2024-2025 Annual Reports will be publicly available February 2026. Reports are published on the Northwest Territories Legislative Assembly website .

The University of Saskatchewan and Coalition for Healthy School Food recently published "School Food Programs in Canada: 15 Promising Cases" (2024). In this report, a case study looks at the Inuvialuit Regional Corporation's School Food Program in two Northwest Territories remote coastal communities. Both school communities are part of the Beaufort Delta Divisional Education Council. The report can be found here .

Section 2: Implementation Plan

Current funding distributed to NWT schools through Healthy Foods for Learning is used to provide all children and youth with healthy and nutritious food to support their physical, emotional and social development, and wellbeing.

Additional federal food funding will enable NWT schools to enhance their school food programs by increasing nutritious food spending quantities, hire personnel to support the organization and food program delivery needs, provide food safety training and make capital investments/infrastructure improvements. These enhancements are not currently available to education bodies without independently seeking outside funding sources and will be made possible with the new federal funding.

The federal funding allows for each of the forty-nine schools to plan/implement a school food program that meets the needs of NWT students. Expanding or enhancing food programs may include:

Section 3: Indicators, Targets and Expected Results

Plans for reporting on the below key indicators for the baseline year of 2023-2024, and planned for the current fiscal year (2024-2025) both before, and then inclusive of, Federal National School Food Program funding:

Baseline (2023-2024) indicators:

2024-2025 targets:

It is the decision of education bodies how school food programming will be spent within the given parameters of this agreement. Based on plans submitted to ECE by the education body superintendents, targets for 2024-2025 are as follows:

By April 30, 2025, through verbal and/or ad hoc updates with education bodies, ECE will report on:

Education bodies formally report on types of food programs offered and the average number of children/youth served daily in their Annual Reports (see Appendix A). ECE will request schools include additional information on expanded and/or enhanced school food program and/or improvements as a result of National School Food Program funding. NWT will provide an Annual Report to Canada, outlining the investments and results of the previous fiscal year by October 31st of each year, starting in 2025.

Section 4: Expenditures

The below table shows current funding allocations to education bodies for Healthy Food for Learning and projected 2024-2025 $2.2 million Canada School Food Program funding. Current funding distributed to NWT schools through Healthy Food for Learning is used to provide all children and youth with healthy and nutritious food to support their physical, emotional and social development, and wellbeing. Planned expenditures for the remainder of the fiscal year are at the discretion of education bodies. Education bodies report on types of food programs offered and the average number of children/youth served daily in their Annual Report.

Table 1: Current funding allocations for education bodies for Healthy Food for Learning and projected 2024-2025 $2.2 million Canada School Food Program funding
Education Body Federal Government $2.2 million Healthy Food for Learning Total
Beaufort Delta Divisional Education Council $563,878 $162,950 $732,178
Commission Scolaire Francophone $45,450 $13,140 $58,892
Dehcho Divisional Education Council $223,818 $64,680 $290,068
Tlicho Community Services Agency $357,002 $103,180 $463,639
Sahtu Divisional Education Council $232,762 $67,270 $302,110
South Slave Divisional Education Council $331,054 $95,690 $429,607
Yellowknife District No.1 Education Authority $270,477 $78,170 $351,041
Yellowknife Catholic Schools $168,605 $48,740 $218,913
Dettah District Education Authority $18,616 $5,380 $24,101
Ndilo District Education Authority $37,385 $10,800 $48,498
Retained by ECE to cover audit costs for the program $20,000 NA $20,000
Total $2,249,047 $650,000 $2,919,047

Food funding allocations to education bodies are determined utilizing a 20% base amount which is divided amongst the 49 schools and 80% distributed utilizing an adjustment factor. There are 3 core drivers that determine the adjustment factor, those being the JK-12 Enrolment, Food Price Index for each community and the Median-After Tax Income Allocator for each community, the later 2 inputs being sourced from the GNWT Bureau of Statistics. This formula will continue to be used to flow the federal school program investment.

Specific breakdowns across food spending are not currently requested for education bodies to report on in their Annual Report and therefore not available to include in this plan. As mentioned in Section 2, funding distributed to NWT schools through Healthy Food for Learning is used to provide all children and youth with healthy and nutritious food. Additional federal food funding will open these spending parameters to enable NWT schools to enhance their school food programs by increasing nutritious food spending quantities, hire personnel to support the organization and food program delivery needs, food safety training and capital investments/infrastructure improvements.

ECE will request education bodies include additional information on expanded and/or enhanced school food programs and/or improvements in 2024-2025 as a result of National School Food Program funding. This will include more specific breakdowns for education bodies across food spending, infrastructure, personnel, administration costs as well as expected timelines.

Section 5: Indigenous Collaboration

The NWT education system consists of the Department of ECE and ten education bodies responsible for the delivery of JK-12 education in 49 schools throughout 33 communities. Communities in the NWT are predominately Indigenous, and therefore Indigenous students are covered through the current NWT Healthy Food for Learning Program, which supports all 49 schools.

Traditional foods are an important part of the daily lives for many communities in the NWT. It is essential for health, culture and identity. Many NWT schools incorporate the preparation and serving of traditional foods during/part of on-the-land camp programs, cultural programs, into school menus and/or offered on irregular occasions. Currently, one education body has a Healthy Foods in School Policy as well as a Traditional Foods Policy which encourages healthy traditional foods in all schools and camps. Funding support from the National School Foods Program will open an opportunity for schools to enhance community partnerships for students and families to harvest, prepare and celebrate in traditional foods in schools.

The GNWT has ongoing engagement on several fronts regarding the education system as a whole.

The GNWT previously engaged with Indigenous governments and organizations in 2020 when beginning the Education Act Modernization project, and will be re-engaging on further amendments to the Education Act in November 2024. Initial engagement highlighted the need for increased supports for Indigenous students, along with the need to provide more support for the education system overall.

The GNWT is also engaged in self-government negotiations with several Indigenous governments and organizations which have involved discussions on ensuring sufficient support for the education system in the applicable communities. The GNWT has received feedback from Indigenous governments and organizations regarding the new NWT adapted curriculum and has conducted a number of other projects aimed at strengthening, modernizing, and improving the education system in the NWT.

The GNWT will draft a plan to engage with Indigenous governments in the development of the next two-year Action Plan (2025-2026 and 2026-2027).

Section 6: Official Language Minority Communities (OLMCs)

The OLMC in the NWT is the French Minority Language community, as represented by the Fédération franco-ténoise (FFT) and French First Language education is provided by the Commission Scolaire Francophone, Territoires Du Nord-Ouest (CSFTNO), who are part of the NWT Healthy Food for Learning Program. The GNWT will work with the FFT and/or the CSFTNO to ensure that this program is inclusive of those students who are part of the French Language Minority community.

It is important to note that CSFTNO receives the 3rd lowest funding allocation. This is because they have the 3rd smallest student population at 234 students with only two other regions having smaller populations. The Food Funding Allocation also uses the Median After-Tax Income Allocator and Food Price Indexes to adjust the food funding. As CSFTNO operates in Yellowknife and Hay River where food prices are the lowest in comparison to other more remote communities, they receive a smaller portion of funding. This is all done by formula and methodology so there is no bias against CSFTNO: it's a matter of a small student population and operating in two of the lowest cost communities to operate in.

Section 7: Reporting

As described in Section 3, no later than April 30, 2025, ECE will report interim results for the following indicators:

Education bodies report on types of food programs offered and average number of children/youth served daily in their Annual Reports. NWT will provide an Annual Report to Canada, outlining the investments and results of the previous fiscal year by October 31st of each year, starting in 2025.

Appendix A: NWT School Food Programming 2022-2023

Table 2: Beaufort Delta Divisional Education Council
School Community Grades Offered Language Food Program Postal Code
Angik Paulatuk NA English, Inuvialuktun Core Breakfast X0E 0N0
Chief Julius Ft. McPherson JK-12 English, Gwich'in Core Snack X0E 0J0
Chief Paul Niditchie Tsiigehtchic JK-12 English, Gwich'in Core Breakfast, Lunch X0E 0B0
East Three Elementary Inuvik K-6 English, Gwich'in & Inuvialuktun Core, French Immersion Breakfast X0E 0T0
East Three Secondary Inuvik 7-12 English, Gwich'in & Inuvialuktun Core, French Immersion Breakfast X0E 0T0
Helen Kalvak Ulukhaktok JK-12 English, Inuinnaqtun Core Breakfast X0E 0S0
Inualthuyak Sachs Harbour JK-12 English, Inuvialuktun Core Breakfast X0E 0Z0
Mangilaluk Tuktoyaktuk JK-12 English, Inuvialuktun Core Breakfast X0E 1C0
Moose Kerr Aklavik JK-12 English, Gwich'in Core, Inuvialuktun Core Breakfast X0E 0A0
Table 3: Commission Scolaire Francophone, Territoires Du Nord-Ouest
School Community Grades Offered Language Food Program Postal Code
École Allain St-Cyr Yellowknife JK-12 French / Francophone, English Second Language Regular Breakfast, Emergency Lunch, Snack New for 2024-2025 - breakfast, garden project, homemade frozen lunch project X1A 3X2
École Boréale Hay River JK-12 French / Francophone English Second Language Regular Snack and Emergency Lunch New for 2024-2025 - cooking classes X0E 0R8
Table 4: Dehcho Divisional Education Council
School Community Grades Offered Language Food Program Postal Code
Charles Tetcho Sambaa K'e JK-9 English, Dene Yatie Core Snack X0E 1Z0
Charles Yohin Nahanni Butte JK-10 English, Dene Yatie Core Snack X0E 0N0
Chief Julian Yendo Wrigley JK-9 English, Dene Zhatie Core Hot Brunch, Snack X0E 1E0
Deh Gah Elementary and Secondary Ft. Providence JK-12 English, Dene Zhatie Immersion (JK-3), Dene Zhatie Core (4-12) Hot Breakfast, Hot Lunch, Snack X0E 0L0
Echo-Dene Fort Liard JK-12 English, Dene Yatie Core Hot Breakfast once/month, Snack X0E 0A0
Kakisa Lake Kakisa - English Snack X0E 1G4
Liidii Kue Elementary Fort Simpson JK-6 English, Dene Zhatie Core Breakfast, Snack X0E 0N0
Liidii Kue High School Fort Simpson JK-9 English, Dene Zhatie Core Breakfast, Hot Lunch, Snack X0E 0N0
Louie Norwegian Jean Marie River JK-9 English, Dene Zhatie Core Healthy Snack X0E 0N0
Table 5: Dettah District Education Authority
School Community Grades Offered Language Food Program Postal Code
Kaw Tay Whee Dettah JK-12 English, Wıìlıìdeh Core Breakfast, Lunch, Weeken food packs and emergency food fund as needed X1A 2N1
Table 6: Ndilo District Education Authority
School Community Grades Offered Language Food Program Postal Code
K'alemi Dene Ndilo JK-12 English, Wıı̀lıı̀deh Yatıı̀ Core (JK-10) Breakfast, Lunch, Snack, Emergency Food Cards X1A 2N2
Table 7: Sahtu Divisional Education Council
School Community Grades Offered Language Food Program Postal Code
Chief Albert Wright Tulita JK-12 English, North Slavey Core (JK-12), North Slavey Immersion (JK-K) Breakfast, Snack X0E 0K0
Chief T'Selehye Fort Good Hope JK-12 English, North Slavey Core (1-12), North Slavey Immersion (JK-K) Breakfast, Lunch, Snack X0E 0H0
Mackenzie Mountain Norman Wells JK-12 English, French Core (JK-9), North Slavey Core (JK-12) Breakfast, Snack, Lunch for students with transportation constraints X0E 0V0
Colville Lake Colville Lake JK-12 English, North Slavey Core (1-12) Breakfast, Snack X0E 1L0
?ehtseo Ayha Deline JK-12 English, North Slavey Core (1-12), North Slavey Immersion (JK-K) Breakfast, Snack X0E 0G0
Table 8: South Slave Divisional Education Council
School Community Grades Offered Language Food Program Postal Code
Chief Sunrise Education Centre K'atlodeeche JK-12 English, South Slavey Core (JK-9) Breakfast, Snack X0E 1G4
Deninu Fort Resolution JK-12 English, Chipewyan Core (JK-12) Breakfast, Snack New for 2024-2025 - to be determined after consultation with students, parents and staff X0E 0M0
Diamond Jennes Secondary Hay River 8-12 English, Dene Yatie Core (8-12), Post Intensive French (8-12) Breakfast, Lunch, Snack, Care Package, After School X0E 0R8
Harry Camsell Hay River JK-3 English, French Core (JK-3), South Slavey Core (JK-3) Breakfast, Lunch, Snack X0E 0R8
Princess Alexandra Hay River 4-7 English, French Core (4-5), South Slavey Core (4-7), French Intensive (6), French Post-Intensive (7) Breakfast, Lunch, Snack X0E 0R8
Joseph B. Tyrrell Elementary Ft. Smith JK-6 English, Chipewyan Core (JK-12), Cree Core (K-6), French Core (K-6), French Immersion (K-6) Snack New for 2024-2025 - daily breakfast program X0E 0P0
Paul W. Kaeser High School Ft. Smith 7-12 English, Dene dédlıné Yatı Core (7-12), Nēhiyaw Core (7-12), Francais Core (7-12), Francais Immersion/Post-Intensive French (7-9) Breakfast, Lunch, Snack X0E 0P0
Lutsel K'e Dene Lutsel K'e JK-12 English, Chipewan Core (K-6) Breakfast, Snack X0E 1A0
Table 9: Tlicho Community Services Agency
School Community Grades Offered Language Food Program Postal Code
Alexis Arrowmaker Wekweeti JK-10 English, Tłıchǫ Core Breakfast, Snack X0E 1W0
Chief Jimmy Bruneau Regional High School Behchoko JK-12 English, Tłıchǫ Core (JK-12) Breakfast, Lunch, Snack X0E 0Y0
Elizabeth Mackenzie Elementary Behchoko JK-6 English, Tłıchǫ Core (JK-6), Tłıchǫ Immersion (SK-2) Breakfast, Snack X0E 0Y0
Jean Wetrade Gameti School Gameti JK-12 English, Tłıchǫ Core (JK-12) Breakfast, Snack X0E 1R0
Mezi Community School Whati JK-12 English, Tłıchǫ Core (JK-12) Breakfast, Snack X0E 1P0
Table 10: Yellowknife Catholic Schools
School Community Grades Offered Language Food Program Postal Code
Ecole St. Joseph Yellowknife JK-7 English, French Immersion (K-7), Core French (1-7), Wılı̀ı̀deh Yatı Core (JK-2), Bilingual FR/EN (JK) Breakfast, Lunch, Snack, Food Bag Friday, On Demand X1A 2N5
Ecole St. Patrick Yellowknife 8-12 English, French Immersion (8-12), Core French (8-12), Wılı̀ı̀deh Yatı Core (8-9) Breakfast, Lunch, Snack, Food Bag Friday, On Demand X1A 2R2
Weledeh Yellowknife JK-7 English, French Immersion (K-2), Core French (1-7), Wılı̀ı̀deh Yatı Core (JK-7), Bilingual FR/EN (JK) Breakfast, Lunch, Snack, Food Bag Friday, On Demand X1A 2P2
Table 11: Yellowknife Education District No. 1
School Community Grades Offered Language Food Program Postal Code
École Itlo Yellowknife JK-5 English, French Immersion (JK-5), Wıìlıìdeh Core (JK-5) Breakfast, Lunch, Snack X1A 1G7
Sir John Franklin Yellowknife 9-12 English, French Immersion (9-12), Core French, Post-Intensive French Breakfast, Lunch, Snacks, Weekend bags X1A 2N8
Ecole William McDonald Yellowknife 6-8 English, French Immersion (6-8), Intensive French (6), Post-Intensive French (7-8), Core French (6-8) Wıìlıìdeh Core Snacks, Canteen X1A 3X2
Mildred Hall Yellowknife JK-8 English, Core French (1-8), Wıìlıìdeh Core (1-8) Breakfast, Lunch, Snack, Weekend bags & Gift Cards as needed X1A 1E5
N.J. Macpherson Yellowknife JK-5 English, Core French (1-5), Pre-Intensive French Camps (5) Breakfast, Lunch, Snack X1A 3X1
Range Lake North Yellowknife JK-9 English, Intensive French (6), Post-Intensive French (7-8), Core French (1-8) Breakfast, Lunch, Snack X1A 3R1

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2025-07-02