Canada–Northwest Territories 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:
The Government of Northwest Territories as represented by the Minister responsible for the Status of Women and including any person duly authorized to represent it (hereinafter referred to as “Northwest Territories”)

Hereinafter referred to collectively as the “Parties”.

 

Whereas, Canada’s Minister for Women and Gender Equality’s 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, 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, Changing the Relationship: the Government of the Northwest Territory’s Action Plan in response to the calls for justice on missing and murdered Indigenous women, girls and 2SLGBTQQIA+ people and Reclaiming the Capable Person: We Are All Capable Persons When We Have Community – A Strategic Framework for Addressing Family Violence in the Northwest Territories;

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, Northwest Territories already supports efforts to prevent GBV and supports victims and families;

Whereas, Canada wishes to supplement Northwest Territories’ investments, including new and expanded actions to end GBV under the collaborative framework of the NAP to End GBV, based on Northwest Territories’ priorities, but including investment in the areas defined as Priorities in Section 2.10;

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 the Northwest Territories;

and whereas Canada’s funding under this Agreement will be distributed to Northwest Territories in accordance with the terms and conditions of the Department for Women and Gender Equality’s (hereinafter referred to as “WAGE”) Equality for Sex, Sexual Orientation, Gender Identity and Expression Program: A Grants and Contributions Program.

Now therefore, Canada and Northwest Territories agree as follows:

1. Purpose of agreement

The purpose of this Agreement is to support Northwest Territories’ 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 the Northwest Territories’ 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 Northwest Territories will contribute to actions under the NAP to End GBV. In-kind contributions could include rental space in territorially owned buildings given to an organization at no cost, administrative support provided by provincial/territorial 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 “Northwest Territories’ Implementation Plan” means the four-year actions of Northwest Territories to implement the NAP to End GBV in its jurisdiction, agreed to by the Parties and attached as Schedule B. Northwest Territories’ Implementation Plan outlines:

• Actions under the five pillars and the foundation of the NAP to End GBV as prioritized by Northwest Territories. While all Northwest Territories’ actions must fall under the five pillars and foundation of the NAP to End GBV, Northwest Territories’ 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 Northwest Territories’ Implementation Plan and other work in their respective jurisdictions in addressing GBV
• Outcomes expected to be achieved by the actions 
• A data collection plan to fulfill Northwest Territories’ 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 Northwest Territories’ 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 Northwest Territories 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 Northwest Territories in Section 5.1.1, shall be matched by Northwest Territories through an overall, 50-50 sharing of costs. Canada’s allocation shall not exceed 50% of Northwest Territories’ total funding for the purpose of this Agreement. 

4.1.2 Northwest Territories’ 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 Northwest Territories’ 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 Northwest Territories as constituting any part of its 50% cost share under this Agreement must not be used as Northwest Territories’ cost share or cost matching in any other agreement with the Government of Canada.

4.2 Use of funds

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

4.2.2 Where Northwest Territories transfers funding to Ultimate Recipients, Northwest Territories 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 total federal funding under this Agreement must be spent by Northwest Territories on Priority area #1 -- increasing prevention efforts (as defined in Section 2.10).

4.2.5 Northwest Territories’ administration costs including costs related to central administrative functions that are drawn upon to support project 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 Northwest Territories’ 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 Northwest Territories’ 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 Northwest Territories. 

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 Northwest Territories

5.1.1 Subject to Parliamentary approval of appropriations, the maximum allocation by Canada to Northwest Territories under this Agreement is $16,397,000 matched by Northwest Territories, toward Eligible Expenditures in Northwest Territories’ Implementation Plan. Northwest Territories’ cost matching is further detailed in Schedule C. 

Canada’s annual maximum allocation of funding to Northwest Territories shall be:

1. $4,043,000 for the Fiscal Year beginning on April 1, 2023
2. $4,118,000 for the Fiscal Year beginning on April 1, 2024
3. $4,118,000 for the Fiscal Year beginning on April 1, 2025
4. $4,118,000 for the Fiscal Year beginning on April 1, 2026.

5.2 Transfer of funds between expenditure categories

5.2.1 Canada and Northwest Territories agree that, within each Fiscal Year of the period of this Agreement, Northwest Territories 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. Northwest Territories 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 Northwest Territories, Canada shall communicate its objection within 30 Days following the issuance of Northwest Territories’ written notification to Canada.

6. Payment

6.1 Payment conditions

6.1.1 After the Effective Date, Canada shall pay Northwest Territories $4,043,000 for Fiscal Year 1 within twenty (20) Days for the first payment.

6.1.2 Northwest Territories 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 Northwest Territories’ 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 Northwest Territories within 20 days. 

6.2 Carry forward

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

1. Northwest Territories 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 Northwest Territories’ 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 Northwest Territories upon Canada’s receipt of the 2026-2027 annual report, due by July 31, 2027, and confirmation that Northwest Territories 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 Northwest Territories 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 Northwest Territories 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 Northwest Territories shall provide Canada with an annual report for each Fiscal Year that this Agreement is active by July 31st of the following year. Northwest Territories agrees that the annual report will include:

1. data to report on results for the indicators in Northwest Territories’ 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 Northwest Territories’ Implementation Plan;
3. a report of Northwest Territories’ Eligible Expenditures and a financial statement that is prepared in accordance with Northwest Territories’ financial authorities and/or regulations against the amounts in Northwest Territories’ 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 Northwest Territories 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 Northwest Territories, 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 Northwest Territories. Both Parties shall make available to the auditors, in a timely manner, any accounts, records, documents or information related to this project 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 Northwest Territories 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 Northwest Territories 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 Northwest Territories 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 Northwest Territories 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 Northwest Territories agree to collaborate on communication products related to announcements 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 Northwest Territories 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 Northwest Territories’ Minister of Finance, Minister of Industry, Tourism and Investment, including responsibility for the Business Development and Investment Corporation, and Minister responsible for the Status of Women 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 Northwest Territories’ 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 Northwest Territories 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 Northwest Territories 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 Northwest Territories that:

• The target clientele who are eligible to participate in a project to be carried out by Northwest Territories is composed of members of both official language communities, and
• The anticipated demand for project assistance by the target clientele in both official languages justifies the use of both official languages; 

Northwest Territories 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

Any intellectual property developed as a result of the funding provided under this Agreement shall be owned by Northwest Territories. 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 Northwest Territories, 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.

Northwest Territories 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. Northwest Territories 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 Northwest Territories 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 Northwest Territories. Subject to the terms and conditions of this Agreement, in the event that funding is terminated under the program, Canada shall reimburse Northwest Territories 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. 

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. Northwest Territories 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 Northwest Territories 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 Northwest Territories 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 Northwest Territories 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 Northwest Territories will, upon request, be extended to Northwest Territories. 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 Northwest Territories.

17.4 In the spirit of transparency and open government, Canada and Northwest Territories shall make the entire Agreement, including any amendments, public by posting it on the Government of Canada’s and the Government of Northwest Territories’ 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 Northwest Territories 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 Northwest Territories shall be sent to the Designated Official at the following address:

Department of Executive and Indigenous Affairs

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 St. John’s, Newfoundland
this 4th day of August 2023. 

The Honourable Marci Ien
Minister for Women and Gender Equality

 

Signed on behalf of Northwest Territories
at Yellowknife, Northwest Territories
this 28th day of July 2023.

The Honourable Caroline Wawzonek
Minister responsible for the Status of Women

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

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

Schedule B – Context* and annual actions ^{Footnote 1}

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

Context

Statistics Canada reports the NWT as having the second highest rate of police-reported intimate-partner and family violence in Canada. In 2019, the rate of police-reported family violence in the NWT was 1,989 per 100,000 residents. In comparison, the national average was 276 per 100,000. In 2019, the intimate partner victimization rate in the NWT was 3,890 per 100,000 residents (Canada: 310 per 100,000). In 2021, the three territories recorded the highest rate of gender-related homicide of women and girls (3.20 per 100,000 women and girls), more than triple the rate of homicides found across the rest of Canada. Indigenous women, girls and 2SLGBTQQIA+ people experience higher rates of gender-based violence, including sexual assault, intimate partner violence and intimate partner homicide at significantly higher rates than their non-Indigenous counterparts. Legacies of colonization, systemic, historical, and intergenerational trauma, and racism exacerbate violence against Indigenous peoples. In the NWT, the lack of housing has a significant impact on gender-based violence rates as overcrowding causes interpersonal distress and survivors often have no choice but to stay in unsafe home environments as there are no alternative options.

The principles from the National Action Plan to End Gender-Based Violence intersect and align with a lot of the work that the Government of NWT (GNWT) is doing. The new and enhanced NWT initiatives that the National Action Plan to End GBV will help fund align with and complement many of the new strategies that the GNWT has developed, such as the GNWT’s response to the calls for justice on missing and murdered Indigenous women, girls and 2SLGBTQQIA+ people entitled Changing the Relationship, and the GNWT's strategic framework for addressing family violence in the Northwest Territories entitled Reclaiming the Capable Person and the Homelessness Strategy. 

The GNWT currently implements a variety of programs, services and policies to address gender-based violence. Although many of these programs, services and policies are working as intended, the GNWT recognizes that enhancements to current initiatives are needed to meet the holistic needs of survivors and their families, as well as the needs of those who use violence in their relationships. The GNWT acknowledges that there are gaps in service availability across the north and opportunities to provide communities with more programs and services that are specific to their needs will be made a priority.

In preparation for the development of the NWT’s implementation plan, the Gender Equity Division has encouraged GNWT departments to consult with their program partners and stakeholders about service gaps that exist and to determine program enhancement opportunities with the funding from the National Action Plan to End GBV. The GNWT is also in discussion with non-government organizations such as the YWCA, Northern Mosaic Network, the Native Women’s Association of the NWT, as well as Indigenous Governments and organizations to see how they can benefit from these negotiations directly or indirectly through enhanced services and funding. The GNWT will continue to collaborate and engage with program partners and stakeholders throughout the four-year implementation of the National Action Plan to End GBV to ensure that we are meeting intended outcomes.

The GNWT has developed a comprehensive, whole of government implementation plan that includes 17 enhanced or new initiatives that span across the five pillars and the Foundation of the NAP to End GBV. It has been developed by the GNWT’s program area subject matter experts who have listened to the voices of front-line service providers and other stakeholders and have made their submissions based on their input. The GNWT’s implementation plan will be considered evergreen; making necessary adjustments along the way to maximize the opportunity for optimal intended results. The GNWT has prioritized actions that allow 70% of the available funds to flow directly to communities and 100% of the funds will be used in collaboration with third parties, including Indigenous and community governments and other community partners. 

The GNWT’s implementation plan includes the following initiatives, broken down by pillar:

Pillar 1: Support for victims, survivors, and their families

• Design care models to break cycles of GBV for children and youth
• Implement, deliver, and support integrated wrap-around service delivery across the NWT to end gender-based violence
• Emergency funding to increase safety and reduce impacts of GBV
• Public Awareness Campaign for Care Systems for Children/Youth who have witnessed and/or experienced GBV

Pillar 2: Prevention

• GBV Prevention Campaign for Youth
• Men’s Healing Programs Fund
• GBV School Reconciliation and Innovation Coordinator
• Enhance Core Funding for Community Partners for GBV Prevention - Native Women's Association of the NWT
• Enhance Core Funding for Community Partners for GBV Prevention – NWT Status of Women Council
• Establish Operational Funding for Community Partners for GBV Prevention - Northern Mosaic Network

Pillar 3: Responsive justice system

• Restorative Justice for GBV

Pillar 4: Indigenous-led approaches

• Healing Residential School GBV Survivors and their Families
• GBV Terminology in Indigenous Languages

Pillar 5: Social infrastructure and enabling environment

• Enhanced Funding for Family Violence Shelters
• Northern Pathways to Housing - Women's Supportive Transitional Housing Expansion in Yellowknife
• Northern Pathways to Housing - Women's Supportive Transitional Housing Expansion in Aklavik
• National Action Plan to End GBV Initiatives Fund 

Foundation pillar

Support the implementation of the National Action Plan to End GBV through leadership, coordination and engagement; data, research and knowledge mobilization; reporting and monitoring.

Year 2 actions tables (2024-2025)

Year 1 actions tables (2023-2024)

Schedule C – Canada-Northwest Territories cost-sharing budget^{Footnote 1} 

Year 2 costing table (2024-2025)

Year 1 costing table (2023-2024)

1. Maximum amount of transfer payment

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

  Table 14: Maximum amount of transfer payment

  Fiscal Year	2023-24	2024-25	2025-26	2026-27	Total
  Northwest Territories Allocation	$4,043,000	$4,118,000	$4,118,000	$4,118,000	$16,397,000

• 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 Northwest Territories between April 1 of the individual fiscal year 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 2.9 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 Northwest Territories investment in another non-priority area.
• A 50-50 cost share is encouraged on an annual basis. Should Northwest Territories 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 Northwest Territories must inform Canada. 

3. Stacking limit

If, between the date of Northwest Territories receiving funding and the Agreement end date, Northwest Territories receives any financial assistance in support of the NAP to End GBV from any order of government that is in addition to the financial assistance disclosed in the application, Northwest Territories shall:

• inform Canada promptly in writing of the additional assistance received;
• where Northwest Territories receives any additional financial assistance, agree that WAGE may, at its discretion, reduce the amount of its funding by the amount of any additional assistance to be received; and
• subject to Canada’s discretion, where Canada’s funding has already been paid, be required to repay an amount equal to the amount of such assistance, to be paid by Northwest Territories as a debt due to WAGE.

4. Tax credit

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

5. Overpayment

• Where, for any reason, Northwest Territories is not entitled to the transfer payment or Canada determines that the amount of the transfer payment disbursed exceeds the amount to which Northwest Territories is entitled, any such amount is a debt owing to Canada and is recoverable as such.
• When Northwest Territories’ final report is completed and an overpayment is identified, Northwest Territories 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.