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Canada - Ontario 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, Ontario or by an entity with whom Ontario 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 Ontario are in agreement with the Vision, Principles, Scope and Objectives outlined in the National School Food Policy;

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

Whereas, in working with Canada to establish the National School Food Program, Ontario will have the opportunity through the Action Plans covered under this Agreement, to consider experiences, lessons learned and best practices to inform planned school food programming to better meet the needs of children in Ontario.

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, by exercise of Royal Prerogative, the Minister of Children, Community, and Social Services enters into this Agreement with the Government of Canada under which Canada undertakes to provide funding toward costs incurred by the Government of Ontario 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, Ontario invests in school food for Indigenous children attending Ontario-operated schools, Canada and Ontario agree to work collaboratively with Indigenous governing bodies and organizations to achieve a culturally appropriate National School Food Program;

Whereas, Canada and Ontario 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 Ontario agree as follows:

1.0 Vision for a National School Food Program

1.1 Canada and Ontario 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 Ontario agree that with the funds allocated over the period of this Agreement, Ontario 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 Ontario's priorities;
  2. ensuring that investments funded through this Agreement consider the specific needs of Indigenous children attending Ontario-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 Ontario'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 Ontario 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. Ontario will consider that funding support programs and services delivered predominately by not-for-profit entities, where possible, however, Ontario 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 Ontario commits to enhance the vitality of the French and English linguistic minority communities in Ontario and to foster the full recognition and use of both French and English in Ontario so as to support and assist in their development and protect and promote the French language when developing and delivering its school food programs and services.

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

4.2 Allocation to Ontario

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 Ontario for a given fiscal year will be calculated using the following formula. This formula will be consistently applied across all provinces and territories.  

B + T + ( F x K L )

where:

4.2.3 Ontario'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 $18,549,423.

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

  1. $44,992,992 for the fiscal year beginning on April 1, 2025
  2. $44,992,992 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 Ontario for each fiscal year and the total population of all provinces and territories for that fiscal year are the respective populations as determined on the basis of the quarterly preliminary estimates of the respective populations on July 1 of the preceding fiscal year released in September of the preceding fiscal year by Statistics Canada, or the latest available quarterly preliminary estimates of the preceding year should the July 1 estimates be unavailable.

4.3 Payment

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

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

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

  1. The first installment will be paid on or about August 29 reflecting approximately 50 percent of the notional amount as set out in paragraph 4.2.4.
  2. The second installment will be paid on or about December 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 Ontario 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 Ontario 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 Ontario 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 Ontario 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 Ontario has failed to provide its Annual Report and audited financial statement for the previous fiscal year in accordance with paragraphs 5.1.3 and 5.2.1.d until such time as the Annual Report and annual audited statement are provided by Ontario 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 Ontario'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 Ontario'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 Ontario agree that funds provided by Canada under this Agreement will only be used by Ontario 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, Ontario may retain for use in fiscal year 2025 to 2026 reasonable unexpended funds remaining from Ontario'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, Ontario may retain for use in fiscal year 2026 to 2027 reasonable unexpended funds remaining from Ontario's fiscal year 2025 to 2026 funding disbursed under this Agreement, up to a maximum of 30% of their fiscal year 2025 to 2026 allocation, with Canada's approval.

4.6 Repayment of overpayment

4.6.1 In the event that payments made to Ontario exceed the amount to which Ontario 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 Ontario under this Agreement.

4.7 Displacement of provincial funds

4.7.1 Ontario 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 Ontario 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, Ontario will publicly release their Action Plan in both official languages.

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

5.1.4 By June 30, 2025, Ontario is expected to share its Action Plan for fiscal years 2025 to 2026 and 2026 to 2027. This Action Plan will significantly expand on Ontario'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 Ontario's Action Plan for fiscal year 2024 to 2025 must be included within Ontario's Action Plan for fiscal years 2025 to 2026 and 2026 to 2027.  

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

5.2 Reporting

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

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

5.4 Evaluation

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

6.4 Ontario agrees to work with Canada or its intermediaries to develop an overview of school food programming within their jurisdiction (i.e., a Provincial 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 Ontario'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 Ontario 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 Ontario, 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 Ontario will ensure that programming considers the specific needs of Indigenous children attending Ontario-operated schools and aligns with existing or newly established distinctions-based school food policies and priorities.

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

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

8.10 Canada and Ontario 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 Ontario 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 Ontario 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 Ontario 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 Ontario 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 Ontario, and if it cannot be resolved by them, then the respective Ministers of Canada and Ontario 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 Ontario 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 Ontario are the Senior Assistant Deputy Minister, Strategic and Service Policy Branch, Employment and Social Development Canada and the Assistant Deputy Minister, Children with Special Needs Division, Ministry of Children, Community, and Social Services, 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 Ontario 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, Ontario 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 Ontario shall be:

Ministry of Children, Community, and Social Services
101 Bloor Street West, 2nd Floor
Toronto ON M5S 2Z7  

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 Ontario.

13.3 No member of the House of Commons or of the Senate of Canada or of the Legislature of Ontario 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 4th day of November, 2024.

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

Signed on behalf of Ontario by the Minister of Children, Community, and Social Services at Toronto this 7th day of November, 2024.

[Signed by] The Honourable Michael Parsa, Minister of Children, Community, and Social Services.

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 - Ontario

Section 1: Introduction / Overview

Ontario supports the learning and healthy development of school-aged children by offering the Student Nutrition Program (SNP) and the First Nations Student Nutrition Program (FNSNP). These programs provide nutritious food through breakfast, lunch and snacks to children and youth.

The responsibility of school nutrition programs falls under the Ministry of Children, Community and Social Services (MCCSS). MCCSS partially funds the SNP and the FNSNP.

The federal National School Food Program (NSFP) funding will support Ontario's current SNP and FNSP, ensuring students are receiving healthy and nutritious meals in schools. Ontario's robust infrastructure for student nutrition programs will in turn support the success of the NSFP.

Both the SNP and FNSNP have experienced cost pressures related to rising food costs, logistics and base funding limitations stemming from prior to the COVID-19 pandemic. Post-pandemic, inflationary pressures combined with increasing program demand have made it difficult to provide adequate services and programming. The severity of fiscal pressures may be regional and particularly impactful to the FNSNP. The SNP has reported a decrease in the quality of services (e.g., smaller portions, fewer nutritious foods), and frequency of services (e.g., programs closing earlier in the school year) due to increasing costs. MCCSS is only a partial funder of both programs, representing 12-25% of the market cost of program delivery. Funding from Ontario is used to leverage local partnerships to support community-based delivery that is responsive to local needs and capacities.

Student Nutrition Program

The Student Nutrition Program (SNP), launched in 2005-2006, provides provincial support for student breakfast, lunch, and snack programs during the school day and school year. MCCSS partially funds 13 Lead Transfer Payment Recipients (TPRs) called Lead Agencies, which collaborate with Ontario school boards, schools, public health units, and communities to deliver programming. Lead Agencies are not-for-profit organizations who may sub-contract other not-for profit organizations to support the delivery of the SNP. Lead Agencies may procure goods and services through for-profit organizations that offer preferential pricing or discounts. Provincial funding contributes to a portion of total program costs and provides stable annualized investment that is used to leverage additional funding and in-kind donations from municipalities, charities, corporate donations, and local fundraising. Programs are delivered using different models (e.g., full meal service or grab-and-go snacks) depending on the needs, capacity, and infrastructure of the program site, and are mostly delivered by volunteers who prepare and serve food.

The 13 Lead Agencies also oversee program administration and grants, support fundraising, build partnerships with program sponsors and work with community partners, a key element of the Student Nutrition Program.

Programs offer food at no cost, and most allow for parental contribution. Parent contributions are made on a voluntary basis to the program, and not based on the cost per meal.

The MCCSS annual allocation for the 2023-2024 school year was $27.9M, with an additional one-time investment of $5.25 million for a total of $33.15M.

Ontario's allocation for the SNP for fiscal year 2024-25 is $28.2M.

The Ministries of Education (EDU), Health (MOH), and Agriculture, Food and Agri-business (OMAFA) are regularly consulted by MCCSS for input regarding the delivery of the SNP. Requirements for program delivery are outlined in the SNP Program Guidelines, 2018 and include parameters on determining the funding allocations per school, as well as allowable staffing and administrative expenditures. Program delivery must also adhere to the SNP Nutrition Guidelines, 2020. 

In 2021-2022, out of the 4,844 provincially-funded elementary and secondary schools in Ontario, 3,741 (more than 70 per cent) had an SNP. The SNP has seen a continuous growth in the usage of the program. In 2021-2022, the daily average number of individuals served was 687,855, which grew to 760,745 for the following year (2022-2023). For fiscal year 2024/25, federal funding will be used to strengthen the SNP and FNSNP by increasing the capacity to serve more meals to more students in participating schools, ensuring programs can meet the need for food over the whole school year or modify the service model (e.g., move from snack to meal service) where need and capacity exists. For the FNSNP, new sites will also be considered with the new federal funding.

First Nations Student Nutrition Program

The First Nations Student Nutrition Program (FNSNP) currently provides funding to 41 Indigenous partners, including First Nations, Tribal Councils, Indigenous educational organizations and the Ontario Federation of Indigenous Friendship Centres. FNSNP service providers follow established guidelines to deliver breakfast, lunch or mid-morning meals to Indigenous students in 161 educational settings throughout the province, including in 65 First Nations communities and in 27 urban Indigenous communities. The program provides 1.4 million meals to Indigenous students across the province each year.

The FNSNP provides meals free-of-cost to students in participating educational settings. Some sites may accept in-kind donations to accommodate additional community needs, but the core objective of the program is to ensure that all Indigenous students have access to nutritious food without financial barriers. Parents have expressed appreciation for the program's role in feeding their children and addressing food insecurity. Additionally, many program sites provide more than one meal per day, offering breakfast, lunch, or mid-morning snacks, depending on the needs of the community and the resources available.

FNSNP service providers incorporate traditional food practices into their programming including traditional cooking classes, berry offerings, drumming, and harvesting/fishing/hunting. FNSNP service providers have reported engaging in a diverse array of external partnership types, including with interagency departments within the First Nation, charities/not-for-profits, other government programs such as the Northern Fruit and Vegetable Program and Ontario Works, local grocery stores and food banks. The programs engage youth, Elders and parents from the community as volunteers. FNSNP service providers have not reported any partnerships with for-profit organizations.

FNSNP service providers receive an annual base allocation. Allocations for FNSNP service providers are based on Ministry-approved budget submissions that were received as part of the original call for proposals in 2016. Criteria and factors for approving requested funding were based on factors such as geography, remoteness and the anticipated number of youth/children served per program site.

The MCCSS annual allocation for the FNSNP for the 2023-2024 fiscal year was $4.3M, with an additional one-time investment of $900,000.

As of 2024-25, the FNSNP has an annual allocation of $4.4M.

Section 2: Implementation Plan

The implementation plan will support both the SNP and FNSNP, and will focus on strengthening the current program delivery system to meet current and unmet demand. As mentioned in Section 1 of this Action Plan, federal funding will be used to increase the number of meals served to children and assist with program delivery costs for Ontario's student nutrition programs. It is estimated that this will support the increase of average daily student participation by an additional 160,000 students. This funding will also support an increase of 130,000 meals during the school day at existing sites for the FNSNP. SNP Lead Agencies will not be directed to select new schools, however they have the flexibility to add schools if eligibility criteria are met as set out in the current program guidelines.

All federal funding flowed from Ontario to the 13 Lead Agencies and FNSNP service providers (Transfer Payment Recipients (TPRs)) will be within the parameters of Ontario's existing provincial Transfer Payment Agreements, Service Objectives Descriptions and respective Program Guidelines.

SNP

As described in the program guidelines, current provincial funding is intended to support expenditures in three main areas:

1. Program costs - TPRs must use up to 80% of provincial funding for food and consumables (e.g., soap, napkins, utensils). TPRs determine individual school/community allocations (with input from community committees) that considers the Average Daily Participation, number of operating days and meal type.

2. Staffing - Each TPR receives funding for program staffing, including 1 Full-Time Equivalent (FTE) Program Lead, 1 FTE Food and Logistics Coordinator, and for a number of Community Development Coordinators based on agency size.

3. Allocated Central Administrative funding - TPRs are allowed to spend up to a maximum of 6% of their total provincial allocation on administrative costs.

Further direction and examples are available in the program guidelines to support local decision making.

FNSNP

The FNSNP was co-developed with Indigenous partners and allows for the flexible use of funding to be responsive to the realities of First Nations communities. FNSNP service providers allocate their funding to purchase healthy food for school meals and snacks, including fruits, vegetables, dairy products, whole grains, and protein sources. In addition to food purchases, funding may also be used for staffing, managing program administration, investing in kitchen supplies and equipment, community engagement activities, transportation, nutrition education, and program evaluation. These efforts aim to enhance the effectiveness of the FNSNP in addressing food insecurity and promoting healthy eating habits among First Nations students.

The aim for 2024/2025 is to provide both SNP Lead Agencies and FNSNP service providers with additional funding to:

Ontario will explore opportunities to extend the FNSNP to First Nations schools not currently served. Currently, the FNSNP supports 65 out of 133 First Nations in the province. FNSNP service providers include First Nations, Tribal Councils, Indigenous education organizations and the Ontario Indigenous Friendship Centre. There may be some First Nations and Tribal Councils that are currently participating in the FNSNP that may identify schools within their communities that are not currently served by the program. 2024-25 NSFP funding may be used to support these schools, however a large majority of 2024-25 funding will focus on stabilization of the FNSNP and on increasing the quantity and quality of meals served to students, as outlined above.

Section 3: Indicators, Targets and Expected Results

SNP

The ministry monitors performance for the SNP using two key sources of information:

  • interim and year-end financial information about revenue and expenditures using the Ministry of Children, Community and Social Services’ Transfer Payment Budget Package; and
  • interim and year-end service data reported in the Transfer Payment Budget Package.

Data element names and their associated definitions include:  

Number of Student Nutrition ProgramsFootnote 2

Total number of provincially-funded Student Nutrition Programs, including community program locations, and federally-funded schools.

Number of Participating Schools

The total number of provincially-funded schools that receive funding for a Student Nutrition Program, excluding community program locations, private schools, and federally-funded schools.

Number of Meals/Snacks Served

The total number of meals (i.e., breakfast or lunch) and snacks served in all participating provincially-funded SNPs. Total is based on the estimated number of daily meals prepared from each program location. The count does not differentiate between the type of meal.

Number of Individuals Served (Average Daily Participation)

Average number of participants that accessed the Student Nutrition Program daily. Calculated by dividing the number of meals served by the number of program operating days for all provincially-funded Student Nutrition Programs. Participants served outside of program locations must be included in this count. 

The SNP was made available to participants outside the program location during the COVID-19 pandemic to facilitate delivery and continuity.  These definitions have been maintained to support flexible service delivery.

Number of Students Enrolled

The total enrollment for all provincially-funded schools with Student Nutrition Programs. Value reported at interim represents current school year.

The following service data provides a baseline and estimates of NSFP investment for the SNP:

Table 1: Ontario's 2023-2024 baseline school food programming indicators and 2024-2025 estimates
Data Element 2023-2024 2024-25 Estimates (including funding received through the NSFP)
Ministry-funded agency expenditures and allocations: $33,173,733* $43,968,000**
Number of students enrolled  1,693,761 1,790,000
Number of participating schools 3,924 3,924
Number of Student Nutrition Programs  4,944 4,944
Number of individuals served (Average Daily Participation)  840,107*** 920,000
Number of meals/snacks served (total)  130,308,959 140,000,000

Notes

  • * Total funding includes one-time funding provided in 2023-24. 
  • **Total of provincial ($28.2M) and federal NSFP funding ($15.768M) that will flow in 2024-25.
  • ***Number reflects increased one-time funding provided in 2023-24. With base funding alone, the number of individuals was 760,745 in 2022-23.

The data above is collected through Ontario’s reporting requirements. Additional ad-hoc reporting may be used to engage with the sector, to develop an understanding and gather feedback of program enhancements resulting from funding through the NSFP.

FNSNP

The ministry receives information about FNSNP delivery through:  

  • year-end financial information about revenue and expenditures using the Ministry of Children, Community and Social Services’ Transfer Payment Budget Package;
  • quantitative service data and qualitative narrative using a Data and Narrative supplemental report.

Data element names and their associated definitions include: 

Number of Schools/Sites

The total number of individual schools or educational settings where the First Nations Student Nutrition program (FNSNP) is being implemented. Each school/site represents a location where students are receiving meals or snacks as part of the program. This can include elementary schools, secondary schools, or any other recognized educational settings participating in the FNSNP, including urban Indigenous educational settings.

The FNSNP is implemented across various educational and community settings, including schools, bus programs that provide snacks to students on route to schools off-reserve, as well as alternative secondary school programs for Indigenous students delivered through Friendship Centres.

Average Number of Operation Days Per Site

The average number of days during a school year when the program is actively delivering meals or snacks to students, per program delivery site. These are the days when the program is providing nutritional support, typically aligning with the school calendar.

Number of Meals/Snacks Served

The total number of meals (i.e., breakfast or lunch) and snacks served in all participating FNSNP sites. Total is based on the estimated number of daily meals prepared from each program location.

The FNSNP does not collect data on number of students participating as this is a very difficult number for FNSNP service providers to track locally as the program is provided using a universal model of service delivery and does not require registration.

The following service data provides a baseline and estimates of NSFP investment for the FNSNP:

Table 2: Ontario's 2023-2024 baseline First Nations Student Nutrition Program indicators and 2024-2025 estimates
FNSNP 2023-24* 2024-25 (including funding received through the NSFP)
Ministry-funded expenditures $5,210,503** $7,185,500***
Number of schools/sites 161 161
Average number of program operation days per site  181 181
Number of meals served  1,279,573 1,410,000

Notes

  • * Data is based on the 76% of FNSNP service providers that have submitted their 2023-24 final report, as of October 2024.
  • ** Total funding includes one-time funding provided in 2023-24.
  • *** Total of provincial ($4.4M) and federal NSFP funding ($2.781M) that will flow in 2024-25.

Ontario will support NSFP Objective #1 (Work progressively towards the long-term goal of universal access) and #2 (Expand investment in school food so that programs can operate sustainably) by:

NSFP Objective #3 (Help children meet their nutritional and health needs, develop healthy food-related behaviours and attitudes, as well as culturally-appropriate food and nutrition knowledge and skills) and #4 (Promote programming that is culturally appropriate, relevant and inclusive) will be addressed by:

2024/25 reporting will not capture metrics against Objectives 3 and 4. These are being considered for the following years. 

NSFP Objective #5 - Create opportunities for local economies, reflective of local and regional circumstances. Ontario's programs will:

The 2025-27 Action Plan will outline the data collection process to provide a per school perspective of reach, effectiveness, and efficiency. Discussions on process to gather this information will start with agencies in spring 2025, with a plan to compile data for fall 2025/winter 2026. In the meantime, Ontario will seek a list of names and postal codes for the participating schools from Lead Agencies to provide to Canada by the interim report.

Section 4: Expenditures

NSFP funding for 2024/2025 will be focused on efforts to strengthen the existing SNP and FNSNP programs by providing increased funding to Lead Agencies and FNSNP service providers. The total amount of NSFP funding for 2024/2025 is $18.5M. Below is the projected breakdown of funding by program:

NSFP funding will flow through the existing Transfer Payment Recipients (TPRs), according to the parameters set out in their current Transfer Payment Agreements, Service Objectives Descriptions and respective Program Guidelines. 

The NSFP funding will be subject to the same program guidelines as the provincial SNP.

Program guidelines outline that 80% of the MCCSS portion of the funding must be spent on food and consumables. A minimum of 20% (up to a maximum of 35%) of the Lead Agency's total allocation for food and consumables is to be used to provide enhanced funding for programs with demonstrated socio-economic and/or academic need. NSFP will follow these same requirements. Additionally, SNP Lead Agencies will be advised that starting in 2024/2025, they may spend a percentage (up to 5% and 8% in the North) of their funding on transportation, storage and food preparation equipment. FTEs for program delivery are limited based on community capacity, as outlined in the program guidelines. Administrative costs are also limited, as outlined in the program guidelines.

FNSNP Funding: In addition to flowing funds directly to existing partners, Ontario will explore opportunities to extend the FNSNP to First Nation communities that are not currently served.

Section 5: Indigenous Collaboration

SNP

Ontario aims to ensure Indigenous students attending Ontario-operated schools and Indigenous students who attend high school off-reserve have culturally appropriate food available and that their dietary requirements are met. Indigenous representation through existing community partnerships will ensure that the SNP continues to account for Indigenous students' cultural and dietary needs.

SNP Lead Agencies will be encouraged to invite local Indigenous representatives to participate in engagement sessions through existing community partnerships, as outlined in the current program guidelines.

FNSNP

Ontario will continue to engage closely with FNSNP service providers through regular gatherings and information-sharing sessions. These engagements will help identify the gaps and challenges faced by the communities, enabling the program to adapt and better meet the nutritional needs of children.

Section 6: Official Language Minority Communities (OLMCs)

Delivery of the SNP extends to all French language and Francophone school boards. Current SNP guidelines encourage Lead Agencies to form community partnerships. To support NSFP funding, Lead Agencies will be encouraged to use these existing partnerships to engage with OLMCs to ensure cultural relevance and appropriate representation.

While Ontario strongly encourages community partnerships, for fiscal 2024-25, a plan to further build community connections and engagements will not be completed due to time constraints.

Section 7: Reporting

Ontario will provide Canada with an interim report by April 30, 2025.

The year-end data report will be provided by October 31, 2025.

Ontario's commitment to providing baseline data, interim and year-end reports based on the data elements outlined in Section 3 of this Action Plan ensure compliance with the federal agreement for 2024-2025.

Results captured through interim and final reporting will reflect provincial, federal, and partner funding amounts. Reports do not capture individual funding amounts and impacts.

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