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Asymmetrical Agreement between Canada and Quebec on the National School Food Program 2024 to 2027

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Between:

Individually referred to herein as the "Party" and collectively referred to herein as the "Parties".

Preamble

Whereas the Parties jointly and unequivocally recognize the importance of offering youth an equal chance at success, and the essential nature of a healthy diet in the overall development of a student and for his or her educational success;

Whereas Canada announced in its 2024-2025 Budget an investment of $1 billion over five years intended for the new National School Food Program, enabling provinces and territories to enhance their current school food programs in order to increase the number of children who can benefit from the healthy meals they need;

Whereas, in the exercise of its exclusive jurisdiction over education, health and social services, the Government of Quebec has, since 2007, adopted the Framework Policy on Healthy Eating and Active Living, which aims to support schools in providing an environment that promotes the development and maintenance of healthy eating habits as well as an active lifestyle, and helps students develop personal skills in this regard, on which it reports to its population;

Whereas the Government of Quebec is committed to reducing food insecurity in its schools and is contributing to this mission through actions across the entire territory of Quebec, offered to students from preschool to secondary school. These actions include the implementation of a dedicated budgetary measure that allows educational institutions to offer food aid to students in-need during class or in after-school daycare, regardless of the socioeconomic environment of the school they attend. The Government of Quebec also provides annual funding to various partner organizations in education that offer breakfasts and lunch to students from the most disadvantaged background;

Whereas food services in Quebec schools fall under the exclusive jurisdiction of Quebec, and Canada recognizes that the allocation of its funding must respect this exclusive jurisdiction;

Whereas food services in Quebec schools are an integral part of the continuum of services offered by the Government of Quebec to support educational success;

Whereas the objectives pursued by Canada are in line with those already put forward by Quebec in its school food programs and services by supporting the work of non-profit organizations and strengthening sustainable food in partnership with local farmers and local organizations;

Whereas, pursuant to section 10 of the Department of Employment and Social Development Act (DESDA), the federal Minister may enter into agreements for the purpose of facilitating the formulation, coordination and implementation of any program or policy relating to the powers, duties and functions conferred by the DESDA;

Whereas Canada has, pursuant to its Policy on Transfer Payments, established a transfer payment program to provide funding to 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;

Whereas Quebec is guided by the principle of universality in the delivery of school food programs in its schools and will continue to take into account the needs of all students, including the specific needs of English-speaking Quebecers and Indigenous children who attend its schools;

Whereas the Government of Canada is required to comply with the Official Languages Act;

Now therefore, Canada and Quebec agree as follows:

1. Definitions

1.1 The following expressions, used in the Agreement, shall have the meaning as defined below:

"Agreement" means the Asymmetrical Agreement between Canada and Quebec on the National School Food Program from 2024 to 2027.

"School year" means the period covered by school calendars, as adopted by the school service centres, excluding summer holidays.

"Fiscal year" means the period beginning on April 1 of any calendar year and terminated on March 31 of the calendar year immediately following.

2. School Food Objectives and Areas of Investment

2.1 Canada and Quebec agree that with the funds provided under this Agreement, Quebec will be able to enhance and expand the reach of its school food programs and services and will be able to advance its school food objectives (attached as Annex 2). The Parties agree that the objectives of working towards universal access, encouraging healthy school food environments, and offering inclusive and sustainable programs while strengthening connections with local economies are objectives that are shared by both Parties.

2.2 For the purposes of 2.1, "school food programs and services" are defined as those supporting the direct provision of food to children in various settings, including but not limited to, elementary schools, secondary schools, and community centres.

2.3 Quebec already offers, and will continue to offer, school food programs tailored to the specific needs of students, including English-speaking Quebecers and Indigenous children who attend its schools.

3. Duration of Agreement

3.1 This Agreement shall come into effect upon the last signature being affixed and shall remain in effect until March 31, 2027, unless terminated in writing by Canada and Quebec in accordance with the terms hereof in section 10. The funding provided under this Agreement, in accordance with sections 4 and 5, will cover the period from August 1, 2024, to March 31, 2027.

3.2 Subject to Parliamentary approval of appropriations, funding for future years, including for the period from April 1, 2027, to March 31, 2029, will be provided by Canada to Quebec and will be conditional upon the execution of a subsequent bilateral funding agreement ("Renewal Agreement"). The Parties agree that, for the period following that covered by this Agreement, the Agreement could be renewed by mutual agreement of both Parties.

3.3 In the event of a reinvestment by Canada in the National School Food Program, Canada commits to entering into negotiations with Quebec in good-faith and in a timely manner.

4. Contribution

4.1 The funds provided under this Agreement are in addition to and not in lieu of those that Canada currently pays to Quebec through the Canada Social Transfer in order to support school food programming in Quebec.

4.2 Subject to Parliamentary approval of appropriations, Canada will pay Quebec its fair share of the annual funding provided for under the National School Food Program, based on the following formula for the amount to be paid in a given fiscal year:

B + T + ( F × K L )

where:

4.3 The maximum amounts to be paid to all provinces and territories under this Agreement are the following:

  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

4.4 Quebec's share of the total annual maximum amount for the fiscal year beginning on April 1, 2024, as set out in 4.3, is $11,556,042.

4.5 The following is Quebec's estimated share of the total annual maximum amounts, as set out in 4.3, subject to annual adjustment:

  1. $26,825,205 for the fiscal year beginning on April 1, 2025
  2. $26,825,205 for the fiscal year beginning on April 1, 2026

4.6 For the purposes of the formula set out in clause 4.2, the population of Quebec for each fiscal year and the total population of all the provinces and territories for the same fiscal year are the respective populations as determined on the basis of the quarterly preliminary estimates of the respective populations as of July 1 of the preceding fiscal year, which are published in September of the preceding fiscal year by Statistics Canada, or the latest available preliminary estimates for the preceding fiscal year should the July 1 estimates be unavailable.

4.7 Beginning in fiscal year 2025 to 2026, Canada will notify Quebec, as soon as possible after the publication of the quarterly preliminary estimates of the population by Statistics Canada, of the amount to be paid, calculated based on the formula set out in 4.2.

5. Payment of the Contribution

5.1 In 2024-2025, the contribution will be paid in a single installment. The total payment will be paid within 30 days following the date on which signatures from both Parties are affixed to this Agreement.

5.2 Beginning in fiscal year 2025 to 2026, the first installment will be paid no later than May 31 of each fiscal year, and the second installment no later than November 15 of each fiscal year. Canada's contribution will be paid in two equal semi-annual installments.

5.3 The sum of both semi-annual installments will constitute the total payment for the fiscal year and will not be subject to any further adjustment once the final installment of that fiscal year has been paid, unless there is a debt due to Canada requiring repayment in accordance with this Agreement.

5.4 For the fiscal years covered by this Agreement, Quebec may retain a reasonable amount of unused funds paid to it during the previous fiscal year for use in the following fiscal year.

5.5 If the payments made to Quebec exceed the amount to which Quebec is entitled under this Agreement, the amount of the excess will constitute a debt due to Canada and must be reimbursed upon receipt of a notice to this effect, within the period specified in the notice, which must be at least 30 days.

5.6 Canada shall, in addition to any other remedy available, have the right to recover the debt by deducting or setting-off the amount of the debt from any future contributions payable to Quebec under this Agreement.

6. Use of Contribution Funds

6.1 Quebec intends to use all of the contributions made under this Agreement to support school food programs and services that it deploys in schools within its territory, as presented in Annexes 1 and 2.

6.2 Quebec commits to maintain or increase previously committed school food investments within its jurisdiction for school food programs and services as of the time of signature, for the duration of this Agreement.

6.3 Quebec agrees that federal funds will be used for eligible expenses, as defined in 6.4, during the school year.

6.4 Quebec will use the contribution made under this Agreement for expenses associated with food aid services deployed in the Quebec school system, such as 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.

7. Reporting and Information Sharing

7.1 Quebec agrees to ensure transparency around the objectives of this Agreement, and will continue to report to the people of Quebec on the use of all funds earmarked for school food within its territory, in accordance with its own accountability practices and indicators, including but not limited to those in its Annual Management Report.

7.2 Quebec has provided a Portrait on school food programming in Quebec, attached as Annexes 1 and 2, which includes information on school food programming within schools under its jurisdiction. Canada will make the Portrait public by publishing the entire Agreement on the Government of Canada website.

7.3 Quebec is responsible for evaluating its school food programs and may evaluate programs and services receiving funds under this Agreement. As applicable, Quebec will share with Canada any conclusions and data from its publicly available evaluations, at Canada's request.

7.4 Quebec will provide to Canada the publicly available Annual Management Reports produced by the Quebec Ministry of Education, which include the results of the various initiatives undertaken by Quebec in relation to school food.

7.5 Quebec agrees to allow Canada to distribute reports produced by Quebec and make them available to other provincial and territorial governments.

7.6 For a number of years, Quebec has been sharing its information, expertise and best practices with respect to school food programs under its jurisdiction with other governments in Canada, and it intends to continue this practice.

7.7 Quebec will, in accordance with its objectives in relation to school food as part of this Agreement, share with Canada any other information that it makes public through school food indicators developed by Quebec in support of its programs.

8. Communications

8.1 Canada and Quebec recognize the importance of ensuring that the public is informed of Canada's annual financial contributions to Quebec under this Agreement. To this end, Quebec agrees to recognize these contributions in public reports relating to school food.

8.2 Each of the Parties may request joint public communications, defined as events, announcements, news releases, social media, web pages, reports and signage relating to the funding provided through this Agreement. Canada and Quebec agree to participate in a joint public announcement upon the signing of this Agreement.

8.3 Canada and Quebec each reserve the right to conduct public communications, including but not limited to events, news releases, reports and signage about the Agreement.

8.4 Quebec 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.

9. Dispute Resolution

9.1 Canada and Quebec 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 Should a dispute between the Parties arise with respect to the interpretation and/or implementation of any of the terms and conditions of this Agreement, either Party may notify the other, in writing, of its concerns. Upon receipt of such notice, Canada and Quebec will endeavour to resolve the issue in dispute in a manner that is deemed appropriate by the Designated Officials.

9.3 For the purposes of section 9, the Designated Officials for Canada and Quebec are the Senior Assistant Deputy Minister, Strategic and Service Policy Branch, Employment and Social Development Canada and the Associate Deputy Minister for Educational Success and the Workforce, Quebec Ministry of Education, respectively.

9.4 In the event that a dispute cannot be resolved by the Designated Officials, the issue may be referred, in the first instance, to the federal Deputy Minister responsible for school food in Canada and the Quebec Deputy Minister of Education and, in the second instance, to the federal Minister of Families, Children and Social Development and the Quebec Minister of Education.

10. Amendments to the Agreement

10.1 This Agreement may be amended at any time during the three years provided for in this Agreement, subject to mutual agreement by the Parties in writing. Any such amendment will come into effect on the date agreed to by the Parties.

10.2 Neither Canada nor Quebec may terminate this Agreement unless it is proven that the Agreement is not being respected by the other Party, and to do so, the Party must give the other Party at least 12 months advance written notice of its intention to terminate the Agreement.

10.3 As of the effective date of termination of this Agreement pursuant to 10.2, Canada will under no circumstances be obliged to make any further payments to Quebec after the date of effective termination.

10.4 As of the effective date of termination of this Agreement pursuant to 10.2, or upon the expiration of the Agreement in accordance with 3.1, Quebec shall have no obligations under this Agreement other than those outlined in 2.1, 5.4, 5.5, 5.6, 6.1, 7.2 and 7.4.

11. Waiver

11.1 Failure by either Party to exercise any of its rights, powers or remedies under this Agreement or its delay to do so will 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.

12. General

12.1 This Agreement, including Annexes 1 and 2, comprise the entire Agreement entered into by the Parties with respect to the subject matter hereof.

12.2 The Agreement shall be interpreted in accordance with the laws of Canada and Quebec which are in force in Quebec.

12.3 Canada will make public the entire Agreement by posting it on the Government of Canada website.

12.4 No member of the House of Commons or Senate of Canada or of the National Assembly of Quebec shall be admitted to any share or part of this Agreement, in whole or in part, any contract or commission made pursuant to this Agreement, or to any benefit arising therefrom.

12.5 If for any reason a provision of this Agreement that is not a fundamental term is found by a Court, Arbitrator, Mediator or any other authority of competent jurisdiction to be 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.

12.6 The Parties have agreed to draft this Agreement in French.

13. Notice

13.1 Any notice, information or document provided under this Agreement will be effectively delivered or sent by letter, with postage or other charges prepaid.

13.2 Any notice that is delivered will be deemed to have been received on 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.

13.3 Notices or communications addressed to Canada must be sent to the following address:

Social Policy Directorate
140 Promenade du Portage
Gatineau QC K1A 0J9
EDSC.ALIMENTATION_SCOLAIRE-SCHOOL_FOOD.ESDC@hrsdc-rhdcc.gc.ca

13.4 Notices or communications addressed to Quebec must be sent to the following address:

Direction générale des services de soutien aux élèves
1035, rue De La Chevrotière
Québec QC G1R 5A5
dgsse@education.gouv.qc.ca

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 on this 6th day of March, 2025.

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

Signed on behalf of Quebec by the Minister of Education on this 7th day of March, 2025.

[Signed by] The Honourable Bernard Drainville, Minister of Education

Signed on behalf of Quebec by the Minister responsible for Canadian Relations on this 7th day of March, 2025.

[Signed by] The Honourable Simon Jolin-Barette, Minister responsible for Canadian Relations.

Annex 1: Portrait of Quebec's School Food Aid Services

Quebec already has a network of school food services offered to youth in Quebec schools.

Since 2018, Quebec has increased its budgetary allocations for food aid in schools by 156%, from $25.45 million in 2017-2018 to $65.1 million in 2024-2025.

There are currently two main streams of food aid:

  1. Public funding paid annually contributes to the financial support provided to partner organizations, such as Le Club des petits déjeuners (the Breakfast Club of Canada) and La Cantine pour tous.
    • Established in Quebec in 1994, Le Club des petits déjeuners is an organization that is actively operating across Canada (nationally, as the Breakfast Club of Canada) in order to support schools that wish to set up a free breakfast program for their students by providing them with food, funding, equipment, as well as support and training services. In 2023-2024, 461 Quebec schools in disadvantaged areas had benefited from school food programming that was funded by the Ministry of Education (ministère de l'Éducation [MEQ] ), allowing for meals to be served to 75,848 students.Footnote 1
    • Founded in 2010, La Cantine pour tous' (available in French only) mission is to enable the provision of low-cost lunches in Quebec schools. Since 2019, La Cantine pour tous has coordinated and supported a network of non-profit caterers (community organizations, social inclusion organizations and social enterprises) that prepare and distribute meals in schools. In 2023-2024, the organization confirmed that its member caterers had collectively served 106 elementary schools in Quebec, reaching 12,559 students who were enrolled in the La Cantine program in their school and had eaten at least one meal during the school year. In 2023-2024, 691,375 meals were served.Footnote 2
    • In order to continue supporting partner organizations in education, the Government of Quebec is providing $34 million over five years through Budget 2024-2025 to sustain support for Le Club des petits déjeuners and La Cantine pour tous.
  2. Food Aid Measure (available in French only): Budget Measure 15012 supports students in preschool, elementary school, and secondary school. The measure offers breakfasts, lunches or snacks to those who need them during their time at school or in after-school daycare. All schools can receive a funding allocation, while schools considered be the most disadvantaged are able to benefit from additional financial support. Through this measure, 2,232 schools reported offering school food services in 2023-2024, out of a total of 2,356 public schools (preschool, elementary schools, and secondary schools). In 2023-2024, 711,315 students out of a total of 1,018,701 students had benefitted from this initiative.Footnote 3
    • Similar funding for food aid is provided to the Kativik and Cree school boards, which have special status and are dedicated to serving First Nations students. This funding is used to provide healthy foods, including milk, and to support food transportation.

Quebec will make public data on its school food programs on an annual basis, as presented above as well as in the following link, through the Government of Quebec's website: Données sur l'aide alimentaire à l'école (available in French only)Footnote 4.

For further information on the presented data or to refer to the latest update, please visit the website noted above.

Annex 2: Portrait of Quebec's Priorities Related to Programs Implemented by the Ministry of Education on Healthy Eating in Schools

In 2001, the adoption of the Public Health Act (Loi sur la santé publique) made it possible to legitimize and regulate public health actions, not only within the health and social services system, but also within other sectors for which public policies have an impact on the health of the population. Several services provided for in the Quebec Public Health Program 2015-2025 (Programme national de santé publique 2015-2025), which stems from this Act, are aimed at supporting the overall development of children and youth, including through the development and implementation of policies related to food available in schools, as well as various other forms of support to reduce food insecurity. Particular attention is paid to the most vulnerable groups in order to reduce social inequalities in health.

In addition, in 2007, Québec adopted the Framework Policy on Healthy Eating and Active Living (Politique-cadre pour une saine alimentation et un mode de vie physiquement actif), which aims to improve the health of youth through the promotion of healthy eating and an active lifestyle. This policy supports schools in their efforts to provide a suitable environment for supporting the development and maintenance of healthy eating habits and a physically active lifestyle, while also helping students to develop relevant personal skills. The Ministry of Education (ministère de l'Éducation [MEQ]) is the primary driver of this policy framework, alongside the participation of the Ministry of Health and Social Services (ministère de la Santé et des Services sociaux [MSSS]) and its network as well as the Ministry of Agriculture, Fisheries and Food (ministère de l'Agriculture, des Pêcheries et de l'Alimentation [MAPAQ]).

The MEQ and the MSSS are also collaborating to support their sectors through the Agreement for the Complementarity of Services between the Education Network and the Health and Social Services Network, signed in 2003 and currently under review. In particular, this agreement proposes guidelines aimed at implementing actions related to health promotion and prevention in schools, including healthy, local and environmentally-responsible eating habits.

It should be noted that Quebec has adopted the Government Policy on Health Prevention (Politique gouvernementale de prévention en santé [PGPS]). This large-scale project builds on a shared responsibility of improving population health and quality of living, spanning from 2015 to 2025. This intersectoral policy aims at ensuring close collaboration between various Government of Quebec entities (27 government departments and agencies, in addition to their networks) and civil society, in order to ensure the cohesion and complementarity of actions deployed throughout Quebec's territory, particularly in regards to healthy eating and the overall development of children and youth. The Government of Quebec is providing an investment of $120 million to implement the 2022-2025 Interdepartmental Action Plan (Plan d'action interministériel 2022-2025), which stems from the PGPS.

In September 2021, the MAPAQ and the MEQ announced $331,000 in funding for the implementation of a food education-focused initiative, Agroalimentaire s'invite à l'école (AAIE)Footnote 5. Funding will support AgrÉcoles, the organization that had designed and implemented the AAIE program at the Louis-de-France school in Trois-Rivières, Quebec, with its aim to implement this educational initiative across other elementary schools.

AgrÉcoles supports schools in integrating agri-food into school life in an innovative manner, in order to encourage students to explore and better understand their environment, adopt healthy lifestyle habits, and as future citizens, commit to the promotion of society and the environment. These activities are available to students from kindergarten to the sixth grade in elementary schools, and are provided within the regular schedule of the Quebec Education Program (Programme de formation éducatif québécois). AgrÉcoles' school-based programs strengthen sustainable food in partnership with local farmers and local organizations, and provide youth in participating schools with foundational knowledge of responsible agricultural practices.

In order to continue supporting partner organizations in education, the Government of Quebec is plans to provide $10.0 million over five years through Budget 2024-2025 to AgrÉcoles.Footnote 6

The Government of Quebec has long had the necessary expertise and mechanisms within its territory to increase the consumption of healthy foods, promote health equity, and encourage the adoption of healthy eating lifestyle habits.

Through the implementation of measures aimed at encouraging healthy eating among youth, the Government of Quebec and its partners are fully assuming their responsibility to eradicate food insecurity. These measures are implemented through a collaborative network, as well as through consultation between the Government of Quebec and its partners, in order to respond to the needs within its territory. By transferring to Quebec its fair share of funds provided for under the National School Food Program, the Government of Canada's investments will make it possible to improve, in particular, Measure 15012 and/or school food programs offered by organizations such as the le Club des petits déjeuners (operating nationally as the Breakfast Club of Canada) and La Cantine pour tous in order to support children in need in a more efficient and effective manner.

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2025-07-02