Canada–New Brunswick transfer payment agreement on the implementation of the National Action Plan to End Gender Based Violence

Agreement

Between:
His Majesty the King in Right of Canada, as represented by the Minister for Women and Gender Equality and including any person duly authorized to represent it (hereinafter referred to as “Canada”)

And:
His Majesty the King in Right of New Brunswick, as represented by the Minister Responsible for Women's Equality and including any person duly authorized to represent it (hereinafter referred to as “New Brunswick”)

Hereinafter referred to collectively as the “Parties”.

 

Whereas, Canada’s Minister for Women and Gender Equality’s (hereinafter referred to as “WAGE”) powers, duties and functions include the advancement of equality, including social, economic and political equality, with respect to sex, sexual orientation, and gender identity or expression;

Whereas, the mandate of the Government of New Brunswick’s Department of Women’s Equality is to promote gender equality and reduce systemic discrimination, to provide advice and support women's issues to the Minister responsible for Women's Equality as well as to departments of government, and to coordinate the implementation of the government's actions and initiatives in the areas of women's personal, economic and social security;

Whereas, preventing and addressing gender-based violence necessitates coordinated and collaborative actions from federal, provincial, and territorial governments, each working within their respective jurisdictional authorities, in partnership with survivors, Indigenous partners, civil society, front-line service providers, municipalities, the private sector and researchers;

Whereas, on November 8th, 2022, at the 40th Annual Meeting of Federal-Provincial-Territorial (FPT) Ministers Responsible for the Status of Women, Ministers endorsed the National Action Plan to End Gender-Based Violence (hereinafter referred to as the “NAP to End GBV”); a ten-year, collaborative approach to ending gender-based violence (hereinafter referred to as “GBV”); 

Whereas, joint efforts in support of the NAP to End GBV will align with and complement the Truth and Reconciliation Commission’s Calls to Action and the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Calls for Justice, and New Brunswick’s Weaving Our Voices Together: New Brunswick’s Path to Safety for Indigenous Women, Girls, and 2SLGBTQQIA+ People;

Whereas, the federal government’s Budget 2022 provided $539.3 million over five years (2022-2023 to 2026-2027) to the Department for Women and Gender Equality Canada, including $525 million to enable provinces and territories to supplement and enhance services and supports within their jurisdictions to prevent gender-based violence and support survivors; 

Whereas, New Brunswick already supports efforts to prevent GBV and supports victims and families;

Whereas, Canada wishes to supplement New Brunswick’s investments, including new and expanded actions to end GBV under the collaborative framework of the NAP to End GBV, based on New Brunswick’s priorities, but including investment in the areas defined as Priorities in Section 2.9;

Whereas, section 5 of the Department for Women and Gender Equality Act authorizes the Minister for Women and Gender Equality to, with the approval of the Governor in Council, enter into a Transfer Payment Agreement on the Implementation of the National Action Plan to End Gender- Based Violence with New Brunswick;

And whereas Canada’s funding under this Agreement will be distributed to New Brunswick in accordance with the terms and conditions of the Department for Women and Gender Equality’s Equality for Sex, Sexual Orientation, Gender Identity and Expression Program: A Grants and Contributions Program.

Now therefore, Canada and New Brunswick agree as follows: 

1. Purpose of agreement

The purpose of this Agreement is to support New Brunswick’s implementation of its actions under the NAP to End GBV (Annex A) so that collectively, the vision of the NAP to End GBV can be advanced - “A Canada free of gender-based violence. A Canada that supports victims, survivors and their families, no matter where they live”. 

2. Definitions

The following expressions, used in this Agreement, shall have the scope defined below:

2.1 “Agreement” means this binding Transfer Payment Agreement on the Implementation of the National Action Plan to End Gender Based Violence, including its Annexes and Schedules, as may be amended from time to time. 

• Annexes A and D by the Federal Provincial Territorial Forum of Ministers responsible for the Status of Women, and
• Schedules B and C by the Parties to this Agreement. 

2.2 “Days” means calendar days.

2.3 “Designated Official” means the person(s) identified by the Party with the authority, responsibility, and integrity to represent the Party and perform responsibilities related to implementing the Agreement.

2.4 “Effective Date” means the date this Agreement comes into force, which is the date the second Party signs the Agreement.

2.5 “Eligible Expenditures” means expenses related to actions in New Brunswick’s Implementation Plan (Schedule B) for which federal funding can be used in accordance with this Agreement.

2.6 “Fiscal Year” means the period commencing on April 1 of any calendar year and terminating on March 31 of the immediately following calendar year.

2.7 “GBV (Gender-Based Violence)” means violence perpetrated against someone based on their gender, gender expression, gender identity, or perceived gender. It takes many forms, including physical, sexual, psychological, emotional, and financial abuse as well as technology-facilitated violence.

2.8 “NAP to End GBV” means the National Action Plan to End Gender-Based Violence (attached as Annex A), a ten-year, collaborative framework for a national approach to ending GBV and its impacts in Canada through opportunities for action under five pillars and a foundation:

• Pillar 1 - Support for survivors and their families
• Pillar 2 - Prevention 
• Pillar 3 - Responsive justice system
• Pillar 4 - Implementing Indigenous-led approaches
• Pillar 5 - Social infrastructure and enabling environment
• The Foundation (leadership, coordination and engagement; data, research and knowledge mobilization; and, monitoring, evaluation and reporting)

2.9 “In-kind Contributions” means goods and services provided instead of money, or cash-equivalent goods and services New Brunswick will contribute to actions under the NAP to End GBV. In-kind contributions could include rental space in provincially owned buildings given to an organization at no cost, administrative support provided by provincial employees, or providing materials to organizations.

2.10 “Priorities” mean the following three, broad priority areas:

1. Increasing prevention efforts – to stem the tide of downstream costs and support sustainability over the longer-term
2. Reaching underserved and/or most at-risk populations – to ensure that services and supports are accessible, appropriate, and tailored to specific needs
3. Stabilizing the GBV sector – to enable the ongoing and effective delivery of essential GBV services across the country

2.11 “New Brunswick’s Implementation Plan” means the four-year actions of New Brunswick to implement the NAP to End GBV in its jurisdiction, agreed to by the Parties and attached as Schedule B. New Brunswick’s Implementation Plan outlines:

• Actions under the five pillars and the foundation of the NAP to End GBV as prioritized by New Brunswick. While all New Brunswick’s actions must fall under the five pillars and foundation of the NAP to End GBV, New Brunswick’s Implementation Plan does not have to include actions in all five pillars and foundation in any one year of this Agreement, other than outlined in Section 4.2.4.
• Actions that support the three Priorities
• Connections between New Brunswick’s Implementation Plan and other work in its jurisdiction in addressing GBV
• Outcomes expected to be achieved by the actions 
• A data collection plan to fulfill New Brunswick’s obligations for reporting (outlined in Section 7.3) as outlined in Annex D.

2.12 “Ultimate Recipients” means organizations providing actions to address GBV under New Brunswick’s Implementation Plan. 

3. Duration of agreement

3.1 This Agreement shall come into force on the Effective Date and shall end on March 31, 2027, unless terminated before then by Canada or New Brunswick in accordance with this Agreement.

3.2 Subject to termination, this Agreement covers the actions described in Schedule B for the period commencing on April 1, 2023 and ending on March 31, 2027. Unless otherwise pre-authorized by Canada, only goods and services rendered within this period shall be considered as eligible expenditures.

3.3 All obligations of the Parties herein which, expressly or by their nature, survive termination or expiry of this Agreement, shall survive until and unless they are fulfilled or by their nature expire.

4. Areas of investment

4.1 Cost sharing

4.1.1 The federal allocation under this Agreement, up to the maximum amount allocated to New Brunswick in Section 5.1.1, shall be matched by New Brunswick through an overall, 50-50 sharing of costs. Canada’s allocation shall not exceed 50% of New Brunswick’s total funding for the purpose of this Agreement. 

4.1.2 New Brunswick’s cost share can include:

1. new investments;
2. existing GBV-related funding or investments; and,
3. where agreed to in writing by Canada, In-kind Contributions. 

4.1.3 A higher federal cost share may be used for New Brunswick’s actions supporting the Priorities, within an overall 50-50 cost share ratio for the full value of the Agreement.

4.1.4 Any funds identified by New Brunswick as constituting any part of its 50% cost share under this Agreement must not be used as New Brunswick’s cost share or cost matching in any other agreement with the Government of Canada.

4.2 Use of funds

4.2.1 Canada and New Brunswick agree that federal funds provided under this Agreement will only be used by New Brunswick in accordance with Eligible Expenditures included in New Brunswick’s Implementation Plan (Schedule B) and align with the guiding principles of the NAP to End GBV (Annex A). 

4.2.2 Where New Brunswick transfers funding to Ultimate Recipients, New Brunswick shall have full independence and responsibility in the selection of such Ultimate Recipients.

4.2.3 Programs, services and actions supported with Government of Canada funding must support the needs of the key population groups, including: women and girls; Indigenous women and girls; Black and racialized women; immigrant and refugee women; Two-Spirit, Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, plus people (2SLGBTQI+); women with disabilities, and women living in Northern, rural, and remote communities.

4.2.4 A minimum of 25% of the federal funding under this Agreement must be spent by New Brunswick on Priority area #1 -- increasing prevention efforts (as defined in Section 2.9).

4.2.5 New Brunswick’s administration costs including costs related to central administrative functions that are drawn upon to support actions but are not specifically part of delivering an action outlined in Schedule B (e.g., office equipment, IT maintenance, public sector salaries) may account for a maximum of 10% of New Brunswick’s 50% cost share.

4.2.6 Eligible Expenditures under the federal 50% cost share can include staff and management salaries and benefits directly related to delivery of actions as outlined in Schedule B, but no federal funding can be used towards New Brunswick’s administration costs described in Section 4.2.5.

4.2.7 Funding under this Agreement shall not be used to displace existing or publicly announced funding by New Brunswick. 

4.3 Ineligible expenditures

4.3.1 Actions outside Canada

Expenditures for actions that take place outside Canada or that deal with a related matter abroad are not eligible for funding under this Agreement.

4.3.2 Costs incurred before April 1, 2023, are not eligible for cost sharing.

4.3.3 Expenditures that do not support the implementation of the NAP to End GBV are not eligible for funding under this Agreement.

5. Allocation and conditions

5.1 Allocation to New Brunswick

5.1.1 Subject to Parliamentary approval of appropriations, the maximum allocation by Canada to New Brunswick under this Agreement is $16,337,000, matched by New Brunswick, toward eligible expenditures in New Brunswick’s Implementation Plan. New Brunswick’s cost matching is further detailed in Schedule C. 

Canada’s annual maximum allocation of funding to New Brunswick shall be:

1. $ 2,903,000 for the Fiscal Year beginning on April 1, 2023
2. $ 4,478,000 for the Fiscal Year beginning on April 1, 2024
3. $ 4,478,000 for the Fiscal Year beginning on April 1, 2025
4. $ 4,478,000 for the Fiscal Year beginning on April 1, 2026.

5.2 Transfer of funds between expenditure categories

5.2.1 Canada and New Brunswick agree that, within each Fiscal Year of the period of this Agreement, New Brunswick may move funding between the pillars and the foundation of the NAP to End GBV outlined in its Implementation Plan in Schedule B to ensure the maximum use of funding, in accordance with Section 4.2.4. New Brunswick agrees to notify Canada in writing prior to any such change in funding allocation, including the rationale for the change. Should Canada have a reasonable objection to the change proposed by New Brunswick, Canada shall communicate its objection within 30 Days following the issuance of New Brunswick’s written notification to Canada.

6. Payment

6.1 Payment conditions

6.1.1 After the Effective Date, Canada shall pay New Brunswick $ 2,903,000 for Fiscal Year 1 within twenty (20) Days for the first payment.

6.1.2 New Brunswick will submit annual reports (Section 7.3 of Agreement) to receive subsequent advance payment for the following Fiscal Year in accordance with the “Payment and Reporting Schedule” below. The reports must be certified by New Brunswick’s Designated Official. Payments for the subsequent Fiscal Years following Fiscal Year 1 are conditional upon receipt and acceptance by Canada of these completed reports and will be made to New Brunswick within 20 days.

6.2 Carry forward

6.2.1 At the written request of New Brunswick, and subject to the approval of Canada, funding amounts may be carried forward into the next Fiscal Year, under the following terms:

1. New Brunswick may only use the amount carried forward to the next Fiscal Year for Eligible Expenditures incurred in that Fiscal Year;
2. amounts carried forward and paid must be spent by September 30th of the following Fiscal Year, and
3. any amounts unspent by New Brunswick on March 31, 2027, shall be repaid to Canada within six months after that date. 

6.3 Final payment

6.3.1 The final payment will be made to New Brunswick upon Canada’s receipt of the 2026-2027 annual report, due by July 31, 2027, and confirmation that New Brunswick has met its commitments under this Agreement. 

6.3.2 Details on other payment conditions can be found in Schedule C. 

7. Results, monitoring and reporting

7.1 Monitoring ultimate recipients

7.1.1 New Brunswick will follow its own policies and procedures to assess and manage the manner in which Ultimate Recipients use federal funds provided under this Agreement to ensure transparency, impartiality, and fairness.

7.2 Performance indicators 

7.2.1 Canada collects and disseminates information on the outputs and impacts of the actions funded through its programs; this information is an important part of Canada’s accountability to Canadians. 

7.2.2 New Brunswick will collect jurisdictional-specific data needed to report on the performance indicators in the NAP to End GBV Expected Results, attached as Annex D. 

7.3 Annual reporting

7.3.1 New Brunswick shall provide Canada with an annual report for each Fiscal Year that this Agreement is active by July 31st of the following year. New Brunswick agrees that the annual report will include:

1. data to report on results for the indicators in New Brunswick’s Implementation Plan (Schedule B) and the Results Framework (Annex D);
2. a report on the actual actions completed in the Fiscal Year against the actions in New Brunswick’s Implementation Plan;
3. a report of New Brunswick’s actual Eligible Expenditures and a financial statement that is prepared in accordance with New Brunswick’s financial authorities and/or regulations against the amounts in New Brunswick’s cost-sharing budget; 
4. a list of Ultimate Recipients that were supported during the reporting period, including the amount each organization received;
5. an updated Implementation Plan, if needed, for the remaining years of this Agreement;
6. an updated Cost-sharing Budget, if needed, for the following years of this Agreement;
7. any amount to be carried forward under Section 6.2. 

8. Audit & evaluation

8.1 Audit

8.1.1 Canada may choose to rely on the reporting requirements due by New Brunswick under Section 5, 6 and 7 of this Agreement to conduct its own internal audit, for a period of up to five years after the end of this Agreement, without waiving the right to subsequently request an independent audit as provided herein.

8.1.2 If requested by Canada, the Parties agree that an independent auditor may be appointed through mutual agreement to review the records maintained by New Brunswick, including the management of funds provided by Canada and the consistent application of generally accepted accounting principles in the maintenance of financial and accounting records.

1. The scope, coverage and timing of an audit is determined in collaboration between Canada and New Brunswick. Both Parties shall make available to the auditors, in a timely manner, any accounts, records, documents or information related to actions that the auditors may reasonably require, upon request. The records, documents and information provided by the Parties are subject to their respective privacy legislation.
2. The results of the audit shall be made available by the auditor to Canada and New Brunswick within thirty (30) Days of its completion.
3. If money is owing to either Party, the Party owing money will pay within ninety (90) Days of their receipt and agreement with the final audit report. 
4. The cost of providing the services of an independent auditor from the private sector shall be borne by Canada. 

8.2 Evaluation plan

8.2.1 Canada and New Brunswick agree on the importance of assessing what has been accomplished in terms of the implementation progress to date on the NAP to End GBV outlined in this Agreement.

8.2.2 Canada’s programs are routinely subject to evaluation. The Parties agree to participate in the NAP to End GBV evaluation. 

8.2.3 The evaluation plan for the NAP to End GBV evaluation will be jointly agreed with all provinces and territories in advance of the evaluation and will: focus on gaps and strengths in governance, coordination, and actions; assess progress towards short-, medium- and long-term outcomes; and examine the effectiveness and efficiency in the design and delivery of the NAP to End GBV. 

9. Public communications & stakeholder engagement

9.1 Joint announcements

9.1.1. Canada and New Brunswick agree to collaborate in the development of communication materials and activities related to this Agreement. The Parties shall designate communications contacts responsible for implementing coordinated joint communications to the public.

9.1.2 Canada and New Brunswick agree to participate in an announcement of the bilateral Agreement, which may include stakeholders, once the Parties have signed this Agreement. This must precede the announcements under Section 9.1.3.  

9.1.3 Canada and New Brunswick agree to collaborate on communication products related to announcements of actions under this Agreement with a value of over $100,000. This includes individual actions with a value of over $100,000, or a collection of actions announced at the same time for a value of over $100,000 total. Canada and New Brunswick can collaborate on communications products related to actions funded under $100,000, if agreed upon by both Parties. 

9.1.4 All efforts will be made to ensure that public communications related to joint announcements are mutually agreed to by the Parties. Where applicable, products shall include a quote from both New Brunswick’s Minister responsible for Women’s Equality and Canada’s Minister for Women and Gender Equality. For announcements related to specific actions, the Ultimate Recipients of the actions will be invited to take part. 

9.2 Individual Communications

9.2.1 The Parties agree that its public communications (announcements and promotional material) related to the use of funding under this Agreement will acknowledge the financial contributions of the other Party. Wherever New Brunswick’s visual identity is used (both online and physical), the Government of Canada’s visual identity must be used as well.

9.2.2 Notwithstanding Section 9.1, the Parties shall retain the right to fulfill their respective obligations to provide the people of New Brunswick and Canada with information on this Agreement and on the use of funds through their own communication activities after the joint announcement with twenty (20) Days’ notice to the other Party prior to the public release.

9.3. Stakeholder Engagement

9.3.1 New Brunswick is encouraged to engage with Indigenous peoples, official language minority communities, GBV advocates, stakeholders, and other interested parties throughout implementation of the actions outlined in Schedule B. 

10. Official languages

Where it has been determined by New Brunswick that:

• The target clientele who are eligible to participate in an action to be carried out by New Brunswick is composed of members of both official language communities, and
• The anticipated demand for assistance with actions by the target clientele in both official languages justifies the use of both official languages; 

New Brunswick will:

• Make any announcements to the public concerning the Agreement in both official languages; 
• Actively offer agreement-related services to members of the public in both official languages; 
• Make available in both official languages any documents or other information for the general public relating to the Agreement; 
• Encourage members of both official language communities to utilize the services to be provided pursuant to this Agreement; and
• Identify the needs of both official language minority communities and provide its services, when appropriate, in such a manner as to accommodate the specific needs of both official language communities.

11. Intellectual property

Canada does not assert ownership of any intellectual property developed as a result of the funding provided under this Agreement. Annual reports submitted to Canada under this Agreement do not constitute intellectual property and belong to Canada. 

12. Partnership

12.1 The Parties acknowledge that this Agreement does not constitute an association for the purpose of establishing a partnership or joint venture and does not create an agency relationship between Canada and New Brunswick, and that in no way implies any agreement or undertaking to conclude any subsequent agreement. 

12.2 Neither Party shall represent itself as being a co-contractor, employee, or agent of the other Party in carrying out its obligations pursuant to this Agreement.

13. Amendments

13.1 Canada’s Minister for Women and Gender Equality may be required to obtain approval of the Governor in Council under Section 5 of the Department for Women and Gender Equality Act before amending this Agreement.

13.2 The sections of this Agreement may only be amended by the mutual written consent of the Parties. 

Annex A is for information only and cannot be amended through this Agreement.

New Brunswick may adjust the actions in its Implementation Plan (Schedule B) within a Fiscal Year, as needed from time to time, without the mutual consent of the Parties, with the exception of changes under section 5.2.1. New Brunswick will report all changes in its annual report for that Fiscal Year (Section 7.3).

Schedule C may only be amended by the mutual written consent of the Parties. 

Annex D can only be amended with the consensus of all jurisdictions who endorsed the NAP to End GBV through the Federal Provincial Territorial Forum of Ministers responsible for the Status of Women.

14. Dispute resolution

14.1 Dispute resolution mechanism

In the event of a dispute arising under the terms and conditions of this Agreement, the Parties agree to make a good-faith attempt to settle the dispute. If a dispute cannot be resolved by the Designated Officials identified in Section 18.2, then either Party may refer the matter to such senior officials as the Parties may designate for resolution.

14.2 Termination for breach

If a Party breaches the terms of the Agreement and the Parties are not able to resolve the issue in dispute under the dispute resolution process pursuant to Section 14.1, the other Party may terminate this Agreement at any time by giving at least ninety (90) Days of written notice to the breaching Party. 

14.3 Termination for no cause

Canada or New Brunswick may terminate this Agreement for any reason, by giving one hundred and eighty (180) Days notice to the Designated Official identified in this Agreement (Section 18.2).

14.4 No payments after date of termination

As of the date of termination, if this Agreement is terminated by a Party under Sections 14.2 or 14.3, Canada shall have no obligation to make any further payments to New Brunswick. Subject to the terms and conditions of this Agreement, in the event that funding is terminated under the program, Canada shall reimburse New Brunswick’s eligible costs incurred up to the end date of that notice period. The funding obligations of Canada shall cease at the end of the notice period. 

15. Reduction/termination of this agreement

15.1 The Parties acknowledge that any payment to be made under this Agreement is subject to the appropriation of funds by the Parliament of Canada and to the maintenance of the current and forecasted program budget levels. New Brunswick acknowledges that funding under this Agreement may be reduced or terminated at Canada’s discretion in response to the government’s annual budget, a parliamentary or governmental spending decision, or a restructuring or reordering of the federal mandate and responsibilities that impact on the program under which this Agreement is made.

15.2 In the event of a reduction or termination of the funding of the program, Canada may, upon giving New Brunswick written notice of ninety (90) Days, reduce the funding or terminate this Agreement. Subject to the terms and conditions of this Agreement, in the event that funding is terminated under the program, Canada shall reimburse New Brunswick for any Eligible Expenditures incurred up to the end date of that notice period. The funding obligations of Canada shall cease at the end of the notice period. If Canada reduces its contribution under this Agreement, Canada and New Brunswick agree to review the effects of such reduction on the overall implementation of the actions and on this Agreement. 

16. Equity of treatment

16.1 During the term of this Agreement, any material changes to any of its Sections or Schedules, under any bilateral transfer payment agreement on the NAP to End GBV which have been negotiated, either under the original agreement or through amendments, addendums or otherwise, between Canada and any other province or territory of Canada, except the province of Québec, and which are more favourable than what was negotiated with New Brunswick will, upon request, be extended to New Brunswick. This amendment shall be retroactive to the date on which this Agreement or the amendments to such an agreement with any other province or territory, as the case may be, comes into force. 

17. General provisions

17.1 No current or former federal public servant or federal public office holder who is not in compliance with the provisions of the Conflict of Interest Act, S.C. 2006, c.9, with the Values and Ethics Code for the Public Sector and the Policy on Conflict of Interest and Post-Employment, members of the House of Commons or Senator who is not in compliance with the Conflict of Interest Code for Members of the House of Commons or the Conflict of Interest Code for Senators, or anyone else bound by other values and ethics codes applicable to government or specific recipients, shall derive a direct benefit from this Agreement, unless the provision or receipt of the benefit is in compliance with the legislation or codes.

17.2 This Agreement shall constitute the entire Agreement between the Parties relating to its subject matter. 

17.3 This Agreement shall be interpreted in accordance with the laws in force in the Province of New Brunswick.

17.4 In the spirit of transparency and open government, Canada and New Brunswick shall make the entire Agreement, including any amendments, public by posting it on the Government of Canada’s and the Government of New Brunswick’s website with the mention that the English version of this Agreement is the official version.

17.5 If, for any reason, a provision of this Agreement that does not constitute a fundamental condition thereof is deemed to be void or unenforceable, in whole or in part, that provision shall be considered severable and shall be struck from this Agreement; however, all other terms and conditions thereof shall continue to be valid and enforceable.

17.6 Information gathered by the Parties in carrying out this Agreement is subject to the applicable federal and provincial legislation regarding access to information and privacy. If the Parties share confidential information while carrying out this Agreement, the receiving Party will make best efforts to ensure the information is treated as confidential by that Party, during and after the period of this Agreement. 

17.7 Both Parties acknowledge that the other Party may publish any reports, audits, evaluations, or other documents produced in connection with this Agreement and any information contained in them that can be made public. Both Parties shall ensure that any public disclosure respects all requirements to protect personal information and third-party information.

18. Notice

18.1 Any notice, information or document required under this Agreement shall be deemed given if it is sent by email. Any notice sent by email shall be deemed to have been received one working day after it is sent. Either Canada or New Brunswick may change the address and other information set out below, provided that a written change of address notice is issued to the other Party.

18.2 Notices or communications addressed to Canada shall be sent to the Designated Official at the following address:

Department for Women and Gender Equality 

Notices or communications addressed to New Brunswick shall be sent to the Designated Official at the following address: 

Women’s Equality 

19. Counterparts

This Agreement may be executed in counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Agreement. An electronic PDF copy or facsimile with a Party’s signature shall be binding upon the signatory with the same force and effect as an original signature. 

Signatures

In witness whereof, the Parties have signed this Agreement,

 

Signed on behalf of Canada
at Toronto, Ontario
this 14 day of November 2023.

The Honourable Marci Ien
Minister for Women and Gender Equality

 

Signed on behalf of New Brunswick
At Fredericton, New Brunswick
this 9 day of November 2023

The Honourable Sherry Wilson
Minister Responsible for Women’s Equality

Annex A - National Action Plan to End Gender-Based Violence

Read the National Action Plan to End Gender-Based Violence.

Schedule B – Context* and year 1 actions (2023 – 2024)

*Please note that the Context has been provided by the Government of New Brunswick and is not part of the Agreement.

Context

New Brunswick has some of the highest rates of reported gender-based violence (GBV) across the country, and with increasing incidence in recent years, significant resources are needed in this sector. New Brunswick has the third highest police-reported rate of intimate partner violence (IPV) in Canada

^{Footnote i} . Between 2009 and 2021 there was a 39% increase in cases of IPV reported to the police, and 79% of police reported victims were women and girls^{Footnote ii} . Furthermore, the prevalence of IPV is higher for Indigenous women than non-Indigenous women in all provinces in Canada^{Footnote iii} . In 2018, while New Brunswick had one of the lowest overall homicide rates in the country, it ranked third in Canada for the highest rate of the killing of women and girls (2.08 per 100,000 population)^{Footnote iv} . Of the women who were killed in Atlantic Canada by a current or former intimate partner, 56% lived in rural areas^{Footnote v} . Over half of those who were killed in New Brunswick were killed by a firearm, typically a hunting rifle or shotgun. In 2021, there were 747 incidents of police reported sexual assault in New Brunswick, representing an increase of 22% from 2020^{Footnote vi} . Approximately 87% of victims of sexual violence are women, and almost half are under the age of 18^{Footnote vi}  . Indigenous women in Atlantic Canada are subjected to sexual violence at a higher rate. One report found that as many as 64.2% of Indigenous women and girls reported being victims of physical or sexual assault since the age of 15^{Footnote vii} .

Between 2009 and 2016, New Brunswick had the second highest average rate of child sexual harm among the 10 provinces. The NB Student Wellness Survey 2022-2023 found that 14.1% of students in grades 6-12 had been sexually violated. This is an increase of 35.5% from 2018-2019. The same survey found that 19.8% of students who dated, had been a victim of dating violence, which increased from 16.8% in 2018-2019. Women and girls make up the majority of sex trafficking victims identified by service providers in Canada^{Footnote viii} . Data specific to New Brunswick is challenging to find; however, the Canadian Centre to End Human Trafficking has identified a “Human Trafficking Corridor” between Moncton, N.B. and Halifax, N.S. It is used by traffickers to recruit young women working in the commercial sex market and lure them back to Halifax. There are currently limited supports and services for the prevention of human trafficking with increasing calls from service providers to develop them.

As a predominantly rural province, New Brunswick is often faced with additional challenges including: a lack of public transportation (in some communities this would include taxi services); residents feeling unable to access supports in their own community because they know the staff at these organizations or fear their abusive partner might find them; not having access to the internet to learn about supports in their community, and more. There is currently not enough affordable housing to support general demand. This creates issues for women and children attempting to leave situations of abuse and who are then required to find permanent housing once they have completed transition house or second stage programming. The affordable housing crisis thus exacerbates the challenges women face when attempting to leave abusive situations.

Currently, the government of New Brunswick invests approximately $9.7 million dollars into ending GBV. The province delivers programs to address GBV across several departments, serving diverse populations, and has various policies and frameworks that guide the work of departments. This includes programs across Women’s Equality, Social Development, Justice and Public Safety, Health, Early Education and Childhood Development, and Post-Secondary Education, Training and Labour. These programs are delivered in collaboration with a variety of community partners. The government of New Brunswick also publishes a list of community-level services and resources, administers the VIVE Awards to recognize excellence in championing gender equality, and delivers a variety of education campaigns to address GBV including: Love Shouldn’t Hurt, a broad education campaign intended to raise awareness about IPV; Now You Know, a campaign intended to increase public knowledge around sexual violence (SV); and is a partner in DIPV in the Workplace, which is meant to support employers in developing safe, trauma-informed workspaces free of IPV.

Because of its complexity, ending GBV takes a concerted and collaborative effort across government departments and community agencies. Women’s Equality  formed an interdepartmental working group to lead the development of New Brunswick’s response to the National Action Plan to End Gender-Based Violence (National Action Plan  to End GBV) in collaboration with community partners. Six engagement sessions for members of the public and GBV service providers were held, including two English, two French, one Indigenous focused session, and one session for government employees. Additionally, a session was held for representatives of the GBV sector to review notes from these sessions and collect feedback about gaps and priorities. Information from these sessions was coded into categories according to the priority areas of the National Action Plan to End GBV along with prioritization based on the potential impact and ease of implementation of the initiative. All items in the provincial implementation plan are the result of this extensive consultation process. In addition to engaging the provincial departments that deliver services to address GBV, the working group included the Office of the Attorney General, responsible for public prosecutions, legislation, and law reform; and the Department of Indigenous Affairs which support and monitor Indigenous-led actions.

New Brunswick’s implementation plan focuses on improving access to services and supports for victims and survivors of GBV in New Brunswick, while supporting primary and secondary prevention. Actions to improve services and support include: an investment in therapeutic counselling services for survivors of GBV, an increased investment in programs for children at transition houses and second stage facilities, and additional resources to support survivors during times of crisis. This implementation plan includes support for actions in Weaving Our Voices Together: New Brunswick’s Path to Safety for Indigenous Women, Girls, and 2SLGBTQQIA+ People. In collaboration with community partners, government departments will: enhance prevention efforts, streamline, and fund awareness campaigns; enhance programming for children exposed to GBV; enhance provincial healthy relationship education programming; and begin planning for evidence-based perpetrator programming. Measures to stabilize the GBV sector include: increased financial investment in these services; accessible trauma support for frontline staff to reduce high sector burnout rates; addressing challenges in the emergency-intervention order process; and delivering specialized training for justice, social services and health personnel.

Moving forward, the government of New Brunswick will continue to engage collaboratively in the implementation of the National action Plan to End GBV funding via working groups for specific actions and engagement with the frontline sector. To be responsive to changing needs, the province and its partners will revisit the action plan annually to ensure each year builds upon the previous year’s work and continues to meet the needs of the population.

Year 1 actions tables (2023-2024)

Schedule C – Canada - New Brunswick cost-sharing budget

1.    Maximum amount of transfer payment

• Disbursements of the transfer payment to New Brunswick will not exceed the amount(s) below, as per the payment breakdown and eligible expenses that will be incurred by New Brunswick within the fiscal year in which they are allocated.

• Canada’s fiscal year starts on April 1 and ends on March 31 of the following calendar year. For each individual fiscal year, only the actions conducted by New Brunswick between April 1 and March 31 of the following calendar year are eligible for the funding allocated for the applicable fiscal year.

2.    Cost-sharing

• For the three Priorities outlined in Section 2.10 of the Agreement, a higher federal cost share for these areas could be provided, within an overall 50-50 cost share ratio for the full value of the Agreement. This would have to be met with a higher New Brunswick investment in another non-priority area.
• A 50-50 cost share is encouraged on an annual basis. Should New Brunswick wish to spread out the cost-sharing across the length of the Agreement in another method (within an overall 50-50 cost share ratio for the full value of the Agreement), this requires consensus from both Parties and New Brunswick must inform Canada.

3.    Stacking limit

• If, between the date of New Brunswick receiving funding and the Agreement end date, New Brunswick receives any financial assistance in support of the NAP to End GBV from any federal government department, agency or commission, that is in addition to the financial assistance, New Brunswick shall:
  • inform Canada promptly in writing of the additional assistance received;
  • where New Brunswick receives any additional financial assistance, agree that Canada may, at its discretion, reduce the amount of its funding by the amount of any additional assistance to be received; and
  • where Canada’s funding has already been paid, Canada may, at its discretion require New Brunswick to repay an amount equal to the amount of such assistance to

4.    Tax credit

• Canada does not reimburse the tax paid by New Brunswick for goods and services for which New Brunswick is entitled to a tax credit or reimbursement.

5.    Overpayment

• Where, for any reason, New Brunswick is not entitled to the transfer payment or Canada determines that the amount of the transfer payment disbursed exceeds the amount to which New Brunswick is entitled, any such amount is recoverable by Canada.
• When New Brunswick’s final report is completed and an overpayment is identified, New Brunswick shall forward a reimbursement payment to Canada for the amount of the overpayment, payable to the Receiver General for Canada. The due date for the reimbursement shall be the date of the submission of the final report to Canada.
• When Canada or its representatives perform a financial analysis and an overpayment is identified, the overpayment shall be repaid to Canada no later than 90 days after the date of the notice sent by Canada.

6.    Late claims

• Canada will not be obligated to reimburse incurred expenditures or other costs after the end date of the Agreement as indicated in Section 3.1 of the Agreement.

Annex D - National Action Plan to End Gender-Based Violence expected results framework

Read the expected results framework.