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Canada – Nunavut 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, Nunavut or by an entity with whom Nunavut 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.

"Official language minority community" means English-speaking communities in Quebec and French-speaking communities in the rest of Canada. Various criteria can be used to determine if there is an OLMC in a specific location, such as the size and proportion of the OL minority population, as well as the presence of a minority language public school.

Preamble

Whereas, Canada and Nunavut are in Agreement with the Vision, Principles, Scope and Objectives outlined in the National School Food Policy;

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

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 Financial Administration Act authorizes the Nunavut Minister to enter into agreements with the Government of Canada under which Canada undertakes to provide funding toward costs incurred by the Government of Nunavut 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, Canada has legal obligations under article 32 of the Nunavut Agreement (legally known as the Nunavut Land Claims Agreement), both Canada and the Government of Nunavut are obliged to provide Inuit with an opportunity to participate in the development of social and cultural policies, and in the design of social and cultural programs and services, including their method of delivery, in the Nunavut Settlement Area; and to endeavour to reflect Inuit goals and objectives where Canada and/or the Government of Nunavut put in place such social and cultural policies, program and services in the Nunavut Settlement Area, and where as Canada has commitments under the Inuit Nunangat Policy, both Canada and the Government of Nunavut agree to support and endorse engagement with Inuit in accordance therewith;

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

Whereas, Canada and Nunavut 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 federal Official Languages Act to provide communications and services to the public in both official languages;

Now therefore, Canada and Nunavut agree as follows:

1.0 Vision for a National School Food Program

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

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

2.0 School Food Objectives and Areas of Investment

2.1 Commitments

2.1.1 Canada and Nunavut agree that with the funds allocated over the period of this Agreement, Nunavut 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 Nunavut's priorities described in paragraph 1.2;
  2. ensuring that investments funded through this Agreement consider the specific needs of Indigenous children attending Nunavut-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 Nunavut's approach to achieving these objectives is set out in the requirements for their Action Plan attached as Annex 2.

2.2 Eligible Areas for Allocating Federal Investments

2.2.1 Nunavut 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. Nunavut will, as a priority, support the funding of programs and services delivered predominately by not-for-profit entities, where possible; however, Nunavut recognizes there may also be a role for entities that are for-profit in programs and services where there is value for money in terms of price, quality, and quantity when partnering with third-party organizations on program and service;
  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 Nunavut commits to enhance the vitality of the French and English linguistic minority communities in Nunavut and to foster the full recognition and use of both French and English in Nunavut so as to support and assist in their development.

2.3.2 Nunavut agrees to consult with Official Language Minority Community stakeholders about Nunavut's 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 Nunavut (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 Nunavut 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 federal 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 Nunavut 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 Nunavut conditional upon the execution of a subsequent bilateral funding Agreement ("renewal Agreement"). The renewal of a subsequent Agreement will provide Nunavut 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 Nunavut through the Canada Social Transfer in order to support school food programming within Nunavut.

4.2 Allocation to Nunavut

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

B + T + ( F x K L )

where:

4.2.3 Nunavut'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 $2,291,943.

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

  1. $2,632,660 for the fiscal year beginning on April 1, 2025.
  2. $2,632,660 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 Nunavut 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 Nunavut 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 Nunavut 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 Nunavut 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 Nunavut 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 Nunavut 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 Nunavut 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 Nunavut'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 Nunavut'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 Nunavut agree that funds provided by Canada under this Agreement will only be used by Nunavut 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, Nunavut may retain for use in fiscal year 2025 to 2026 reasonable unexpended funds remaining from Nunavut'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, Nunavut may retain for use in fiscal year 2026 to 2027 reasonable unexpended funds remaining from Nunavut's fiscal year 2025 to 2026 funding disbursed under this Agreement, up to a maximum of 80% 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 Nunavut exceed the amount to which Nunavut 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 Nunavut under this Agreement.

4.7 Displacement of territorial funds

4.7.1 Nunavut 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 Nunavut 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, Nunavut will publicly release their Action Plan in Inuktut, English and French.

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

5.1.4 By April 1, 2025, Nunavut is expected to share its Action Plan for fiscal years 2025 to 2026 and 2026 to 2027. This Action Plan will significantly expand on Nunavut's Action Plan for fiscal year 2024 to 2025 by including greater detail, new and renewed commitments, and more extensive indicators and their corresponding targets.

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

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

5.2 Reporting

5.2.1 Within the 2024 to 2025 fiscal year, Nunavut 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), Nunavut 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, Nunavut 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 Nunavut and in keeping with the Nunavut 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 Nunavut Action Plan;
  2. baseline estimates for key indicators as set out in the Nunavut 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 Nunavut 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 Nunavut 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 Nunavut Action Plan.

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

5.4 Evaluation

5.4.1 Nunavut is responsible for evaluating its school food programs. Nunavut 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 Nunavut 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 Nunavut 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 Nunavut 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 Nunavut agree to work together to improve data collection and dissemination on key school food indicators to support future programming.

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

7.2 Nunavut 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 English, French, and Inuktut in equal quality and simultaneously available to the public, as per Part IV of the federal Official Languages Act, the Nunavut Official Languages Act, and the Inuit Language Protection Act. The initial announcement, announcing the signing of this Agreement must be a joint public communication. The Government of Nunavut will provide the translation services for translation into Inuktut.

8.3 Canada and Nunavut 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 Nunavut 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 Nunavut agree to give each other ten (10) business days' advance notice of intended public communications. The notice will include a summary of the communication. 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 Nunavut each reserve the right to conduct public communications defined as events, news releases, reports and signage about this Agreement.

8.7 Nunavut 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 Nunavut 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 Nunavut 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 Nunavut or the ultimate recipient related to investments or results of this Agreement.

8.10 Canada and Nunavut 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 Nunavut 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 Nunavut 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 Nunavut 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 Nunavut 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 Nunavut, and if it cannot be resolved by them, then the respective Ministers of Canada and Nunavut 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 Nunavut 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 Nunavut are the Senior Assistant Deputy Minister, Strategic and Service Policy Branch, Employment and Social Development Canada and the Deputy Minister, Department of Health, and Deputy Minister, Department of Education, for Nunavut, 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 Nunavut 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, Nunavut 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 Nunavut shall be:

Deputy Minister

Department of Health

P.O. Box 1000 St. 1000

Iqaluit, Nunavut X0A 0H0

MHunt1@gov.nu.ca

Deputy Minister

Department of Education

P.O. Box 1000 St. 900

Iqaluit, Nunavut X0A 0H0

RHainnu1@gov.nu.ca

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

13.0 General

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

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

13.3 No member of the House of Commons or of the Senate of Canada or of the Legislature of Nunavut 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 18th day of February­­­­­­­­­­, 2025.

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

Signed on behalf of Nunavut by the Ministers of Education and Health at Iqaluit this 24th­­­­­ day of February­­­­­­­­­, 2025.

[Signed by] The Honourable Pamela Hakongak Gross, Minister of Education

[Signed by] The Honourable John Main, Minister of Health

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 - Nunavut

Section 1: Introduction/Overview

Nunavut Context

Nunavut encompasses a vast geography covering approximately 1.9 million square kilometers, which represents nearly one-fifth of Canada's total land area. Nunavut includes some of the most northern and remote communities in the country and has 25 fly-in communities that lack any road connections. Nunavut's widely spread geography presents a challenge for transportation and adds to high costs of delivery of goods. During the summer months, from July to October when ice is absent, the waterways are actively utilized by barges that deliver substantial supplies including oil, gas, food, infrastructure equipment, supplies, transportation etc. During the off season, retail stores and personal supplies are transported to each community by air freight.

According to the 2021 Census by Statistics Canada, Nunavut's population was 36,858 with 30% aged 5-19 years old, or school aged (Profile table, Census Profile, 2021 Census of Population - Nunavut [Territory] ). Nunavut has Canada's youngest and one of the fastest growing populations in the country. Since the beginning of 2000, Nunavut has grown 49.8% compared to Canada's overall population, which has increased by 31.4%. Nunavut's population is primarily Inuit, with Inuit making up approximately 85% of the total population. Nunavut's 25 communities range in size from approximately 100 to 150 residences in smaller communities to around 3,000 in the larger communities. Iqaluit is the only community that exceeds 8,000 whereas most have populations averaging less than 1,000.

With its growing population, lack of infrastructure, and shortage of housing units, Nunavut is experiencing a severe housing crisis. According to a 2020 report by Nunavut Tunngavik incorporated, 35% of Nunavut households do not have enough bedrooms compared to 5% nationally. Furthermore, Nunavut experiences some of the lowest vacancy rates in Canada making it difficult for Nunavummiut to find affordable housing. Overcrowding in homes can lead to heightened stress levels, increased violence, food insecurity, addiction, and poor educational outcomes for students. Ultimately, poor housing negatively impacts an individuals' overall health and well being.

Nunavut is served by two primary retail providers: The Northwest Company, which operates Northern Stores, and the Arctic Co-op. Communities have very little choice when it comes to retail. Both the Northern Store and Arctic Co-op provide essential goods including, groceries, clothing, household supplies, and small maintenance equipment. These retail stores are dependent on the sealift season and air cargo for their operations.

According to the Canadian Income Survey and the Nunavut Market Basket Measure, in 2022, 44.5% of Nunavummiut were living below the poverty line. Recent data from Statistic Canada noted that half of children under the age of six living in Nunavut are living in poverty, the highest rate in the country. Further, nearly 42% of children under the age of 18 are living in poverty in Nunavut compared to the national average of 18%.

The 2022 Canadian Income Survey reported that 62.6% of Nunavummiut were experiencing some form of food insecurity. Whereas 17.8% of households in the ten provinces experienced some level of food insecurity. In 2023, Income Assistance provided by the Government of Nunavut increased by 34% to keep up with the increasing cost of food.

School Food Context

Nunavut has 45 schools across the territory, which all report having a school meal program in place. School populations range from 27 in Grise Fiord, the most northernly community to 474 in Iqaluit's High school. Twelve of Nunavut's communities have only 1 school serving Kindergarten - Grade 12. Nunavut's total K-12 school enrollment across the territory for the 2024-25 school year is 11,327.

The construction of some of Nunavut's schools date back to as early as 1968. The age of Nunavut's school infrastructure creates challenges in delivery of school food programing. Further, due to the age and size of schools and the growing population, the overall school utilization rate is at 82%, leaving little room for additional programming to be run.

Many kitchens in Nunavut's schools do not have the infrastructure capacity, equipment, or space required to provide hot meals for students, and many do not have the storage space required for a robust school food program. Small capital projects to address school kitchens may take anywhere from 6 months to two years to complete, and new school builds or major renovations can take up to 8 years. In many schools, adding even small appliances to a kitchen space can cause electrical, or other structural and maintenance issues.

Capital projects in schools require the Department of Education to work with the Department of Community Government Services to tender the work to be provided by an outside contractor. The contractor would determine the logistics required and materials and equipment would be shipped by air or by sealift, adding significant time and cost to every project. Further, smaller communities have minimal hotel space and limited flights in and out to accommodate contractors which extends the timelines required to complete the project. Most school renovations are conducted in the summer months when schools are closed, so as to not disturb classes.

In Nunavut, school food programs are managed at the school and community District Education Authority Level only. The Department of Education encourages and appreciates the efforts of school staff and volunteers to provide school food programs. Due to the fact that school food programs are led by school leaders, school staff, and District Education Authorities, most rely on volunteers to prepare and deliver food for the students. A limited number of schools do have paid staff who are hired under third party funding to provide its school food program. Programs are implemented based on school and volunteer capacity with little guidance and training on nutritional health and standards. The Department of Education does not currently have the capacity to provide oversight to any school food program as there are no dedicated positions within the Department.

The Nunavut Wellness Agreement is a Contribution Agreement between Indigenous Services Canada and the GN Department of Health for funding for community-based health promotion and disease prevention programs in Nunavut. The Department of Health administers Nunavut Wellness Agreement funding to support every Nunavut community to have a Community Wellness Plan which is written by the community, for the community. Community Wellness funding is a way to support communities to promote health and wellbeing of Nunavummiut, promote cultural and traditional program and promote capacity building. It is intended that communities will address their own unique health and wellness priorities, which for each community includes a School Food Program. Funding is provided to each community who distributes a portion of their Community Wellness fund to the District Education Authority. District Education Authorities work directly with school leaders to provide a school food program.

Funding amounts for the Community Wellness Plans are provided yearly to communities. Funding for Community Wellness Plans are fixed annual amounts based on each community's population size, its Inuit population and its Northern Allowance. Each community then determines how they intend to use the funding provided, including the amount to be allocated to school food programming in their respective community.

Funding for the Community Wellness Plan is derived from the Nunavut Wellness Agreement, a contribution agreement with Indigenous Services Canada. The total annual investment in school food programming from all sources in fiscal year 2023-24 was $1,726,646.24. The projected or committed funding for school food from all source exclusive of funding to be received through the National School Food Program for fiscal year 2024-25 is $1,846,646.24. The amount of additional third- party funding accessed by individual schools or communities is not currently available and will be determined by the School Food Coordinator.

Schools and communities also work individually to access extra funding from outside organizations, such as Breakfast Club of Canada, and Inuit Child First Initiative to supplement, their Wellness funding. No school food program is delivered or sponsored by any for-profit organizations.

Each school varies in terms of their school food program. Some schools offer breakfast and snacks, others include lunches. These programs vary greatly depending on the school, with some schools offering only a cold breakfast and snacks, and others offering a hot lunch every day. School food programs' capacity to run greatly relies on the kitchen space available, volunteers, and funding provided.

There are currently no meal requirements or healthy food standards. There are simply guidelines (Guidelines for Foods and Beverages for GN-Funded Community Health Programs ) available for all schools on what should be served. Since school-based programs are volunteer run, there is no official count daily on the number of students who have accessed food from the program. When food is available it is available to every student who wishes to access it.

School food menu planning and food purchases are completed by the volunteers, or in some cases, the cooks in schools who have hired staff. Food is usually purchased locally and options for healthy nutritious foods may be limited at times, especially considering the number of meals being prepared.

Some schools have been able to plan for food purchases and shipping by sealift. Schools that take advantage of the sealift barges must purchase their food supplies in the spring and book a space to ensure its arrival in the summer/early fall. Cut-off dates for purchasing and booking of sealift space are normally between March and April, with exceptions for larger communities who have more sealift boats arriving. While purchasing food supplies on sealift offers cost savings for school programs, it also creates a financial challenge because significant funding must be used at the end of a fiscal year to purchase a large quantity of food for the next school year.

Currently, there are no designated school food program coordinator or divisional oversite positions at the government level to support schools with their food programs.

Section 2: Implementation Plan

Hiring/Contracting Key Positions

Year one implementation will focus on the hiring of one School Food Coordinator, and the contracting of a Nutritionist/Food Services Specialist and a Capital Projects Specialist to develop a robust territory-wide school food program. Currently, school food programs are delivered and monitored only at the school level with little departmental oversight and guidance. To enhance current programs, it will be vital to hire a coordinator and contract a nutritionist/food services specialist to provide training, guidance, and standardize programs with intentions of enhancing programs. A key role of the coordinator will be the development of baseline indicators for years 2 and 3 outlining current school food programs and reporting on the development of enhancements to the program. The contracting of a Capital Projects Specialist will also be critical in determining school kitchen capacity and identifying areas for enhancement.

The School Food Coordinator, along with the contracted roles of Nutritionist/Food Services Specialist and Capital Projects Specialist will be responsible for spearheading the roll-out of funding. Given the current limited capacity at both the Departments of Education and Health, if these new roles are not created, implementation of National School Food Program funding may be limited.

Three key positions/contracts will be filled in year one:

A term position; School Food Coordinator within the Department of Education to oversee the development of a robust school food program. Some of their responsibilities will include:

Contract a Nutritionist/Food Services Specialist through the Department of Health to support the development of a school food program. Some of their responsibilities will include:

Contract a Capital Projects Specialist through the Department of Education to support logistics of school food capital infrastructure review and improvements. Some of their responsibilities will include:

It is Nunavut's intent to hire a School Food Coordinator in year one, however, there may be difficulty in filling this position. According to the "Towards a Representative Public Service" statists from the Government, the capacity of filled positions stands at 65% as of June 30,2024. The high turn over of positions, coupled with competing job opportunities between the government and private sector can present a challenge in the hiring process. To mitigate this concern, hiring through casual contracts may be possible to ensure activity towards building a robust school food program is being delivered following the signing of the agreement. Challenges in hiring for the Nutritionist/Food Services Specialist or Capital Projects Specialist roles are therefore not anticipated as this can be done through standing offer agreements.

Begin Assessment of Nunavut's School Kitchen Facilities

In year one, the Departments of Education and Health will work with the Department of Community and Government Services to review the current capacity and state of all school kitchen facilities, including the upgrades required to support more robust school food programming.

The aim would be to complete such an assessment by the end of year two.

Enhanced Funding for Current Programs

Funding will be provided to schools to supplement current school food programing. This funding will be specifically targeted towards accessing country food. Schools will be able to apply to the Department of Health for this funding, outside of what they receive through the current Nunavut Wellness Agreement. Eligible expenses include staff wages for school food program coordinators and Inuit elders to provide Inuit traditional knowledge, cooking equipment, cutting boards, refrigerators, stoves/ovens, countertops, etc.

It is expected that the following activities will be actioned upon and reported for year 2 and 3:

National School Food Program funding will allow for the enhancement of school food programming offered to over 11,000 students in all 25 communities in Nunavut. This funding will also contribute to increased availability of country food, and a variety of nutritional food options.

The funding will also allow the Government of Nunavut to create a new position that can support schools and communities as they work to enhance their programming, and address food insecurity in our youngest population.

Section 3: Indicators, Targets and Expected Results

Year 1 (2024-25) Baseline:

Note:

* Baseline indicators labelled as "To be determined" (TBD), will be set when a full-time School Food Coordinator is hired and can assess existing school food programs. Additional baseline indicators, (e.g. number of days programs are being offered, types of food being offered), may also be identified following the hiring of the School Food Coordinator.

Currently, neither the Departments of Education nor Health have a dedicated position that has the capacity to develop a robust baseline in year one. Hiring of a full-time School Food Coordinator will allow the Government of Nunavut to fully assess current school food programs and determine where growth in schools can occur.

Year 1 indicators:

Year 2-3 indicators:

Additional indicators for the school food program will be developed by the School Food Coordinator that will be hired in year 1. The targeted actions and baselines in year 2-3 will potentially include but will not be limited to:

Section 4: Expenditures

Year 1:

Program Development $150,000:

Capital Projects: $500,000

Food Program Services Delivery: $1,412,749

Administration: $229,194

Efforts will be made to fill the School Food Coordinator position, as well as the program development contracts, however, with the limited time remaining in the fiscal year, it is anticipated that up to 100% of Year 1 funding will be carried over to be spent in Year 2.

Section 5: Indigenous Collaboration

The Government of Nunavut and Nunavut Tunngavik Incorporated (NTI) have jointly committed to working together to improve the economic, health, social and cultural wellbeing of Nunavut Inuit. Under Article 32 of the Nunavut Agreement, the Government of Nunavut is obligated to provide Inuit with an opportunity to participate in the development of social and cultural policies, programs and services. The Government of Nunavut reaffirms its commitment by consistently collaborating with Nunavut Tunngavik Incorporated in all initiatives that contribute to the improvement of the territory.

Recognizing the importance of school food programs, the government of Nunavut Departments of Education, Health and Family Services created a working group to address the need for a robust school food program. The working group was established less than a year ago. At the beginning of its development, in accordance with Article 32 of the Nunavut Land Claims Agreement, which outlines the governments obligation to collaborate with NTI, it was essential to include NTI on the working group from the outset. The Government welcomes NTI as an active partner in our endeavors to develop and enhance a robust school food program.

Harvesting of Nunavut's wildlife is an important part of its culture and traditional diet. The Departments of Education and Health support and encourage the delivery and distribution of country food in Nunavut's schools. School food programs welcome the opportunity to provide country food to the students when possible. Some schools, through school land-based programs and classes, can harvest country food for teaching and nutrition purposes. Accepting donations and purchasing country food for school food programs welcomed and encouraged at the school and government level.

Section 6: Official Language Minority Communities (OLMCs)

Nunavut recognizes three official languages of the territory, Inuktut, English and French. Preservation of these languages is a commitment that the government has made through Nunavut's Official Languages Act, and Inuit Language Protection Act. These Acts create obligations for the Government to actively offer their communications and services to the public in all its official languages.

The Department of Education provides guidance, funding and support to all Community District Education Authorities (DEAs) which include Commisssion scolaire francophone du Nunavut (CSFN). All DEAs/CSFN are treated equally with respect to language, culture and access to funding and programs guidance. The Department of Education is committed to all DEAs and CSFN to support their choice in language and services provided. To support this, the Department of Education is creating a made in Nunavut curriculum that delivers bilingual education reflecting all official languages and culture of Nunavummiut.

Section 7: Reporting

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

Appendix A: List of Schools and Enrollment Numbers

Table 1: List of School and Enrollment Numbers
  School Community Postal Code Grades Enrollment* 23/24 Enrollment* 24/25
1 Inuujaq School Arctic Bay X0A 0A0 K-12 339 387
2 Quluaq School Clyde River X0A 0E0 K-12 362.5 307
3 Umimmak School Grise Fiord X0A 0J0 K-12 27 29
4 Ataguttaaluk School Igloolik X0A 0L0 K-6 314.5 395
5 Sivuniit School Igloolik X0A 0l0 7-9 161 165
6 Iglulik High Igloolik X0A 0l0 10-12 239 227
7 Nanook School Apex (Iqaluit) X0A 2H0 K-5 51 42
8 Joamie School Iqaluit X0A 2H0 K-5 219.5 214
9 Nakasuk School Iqaluit X0A 3H0 K-5 358.5 416
10 Aqsarniit Ilinniarvik Iqaluit X0A 2H0 6-8 314 319
11 Inuksuk High Schol Iqaluit X0A 2H0 9-12 474 447
12 Ecole des Trois Soleils Iqaluit X0A 2H0 K-12 92 114
13 Qaqqalik School Kimmirut X0A 0N0 K-12 145 156
14 Sam Pudlat School Kinngait X0A 0C0 K-6 236 250
15 Peter Pitseolak School Kinngait X0A 0C0 7-12 206 236
16 Alookie School Pangnirtung X0A 0R0 K-5 198 197
17 Attagoyuk Illisavik Pangnirtung X0A 0R0 6-12 244 251
18 Ulaajuk School Pond Inlet X0A 0S0 K-6 264 308
19 Nasivvik High School Pond Inlet X0A 0S0 7-12 285 259
20 Inuksuit School Qikiqtarjuaq X0A 0B0 K-12 156.5 169
21 Qarmartalik School Resolute Bay X0A 0V0 K-12 47 53
22 Nuiyak School Sanikiluaq X0A 0W0 K-6 162 184
23 Paatsaali School Sanikiluaq X0A 0W0 7-12 143 121
24 Arnaqjuaq School Sanirajak X0A 0K0 K-12 327.5 378
25 Levi Angmak School Arviat X0C 0E0 K-5 361.5 400
26 Qitiqliq School Arviat X0C 0E0 6-8 206 210
27 John Arnalukjuaq High School Arviat X0C 0E0 9-12 327 355
28 Rachel Arngnammakitiq Baker Lake X0C 0A0 K-5 241.5 260
29 Jonah Arnitnaaq Baker Lake X0C 0A0 6-12 402 390
30 Victor Sammurtok Chesterfield Inlet X0C 0B0 K-12 119 103
31 Sakku School Coral Harbour X0C 0C0 K-12 319.5 323
32 Tusarvik School Naujaat X0C 0H0 K-6 251 273
33 Tuugaalik High School Naujaat X0C 0H0 7-12 305 286
34 Leo Ussak School Rankin Inlet X0C 0G0 K-4 274.5 305
35 Maani Ulujuk Ilinniarvik Rankin Inlet X0C 0G0 5-6 305 321
36 Simon Alaittuq School Rankin Inlet X0C 0G0 7-12 137 137
37 Inuglak School Whale Cove X0C 0J0 K-12 157 188
38 Kullik Ilihakvik Cambridge Bay X0B 0C0 K-6 212.5 221
39 Kiilinik High School Cambridge Bay X0B 0C0 7-12 193 204
40 Quqshuun Ilihakvik Gjoa Haven X0B 1J0 K-6 219.5 249
41 Qiqirtaq Ilihakvik Gjoa Haven X0B 1J0 7-12 223 208
42 Arviligruaq Ilinniarvik Kugaaruk X0B 1K0 K-12 354 358
43 Jimmy Hikok Ilihakvik Kugluktuk X0B 0E0 K-5 218 216
44 Kugluktuk High School Kugluktuk X0B 0E0 6-12 290 254
45 Netsilik Ilihakvik Taloyoak X0B 1B0 K-12 370 392

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2025-07-02