Canada–Québec agreement to address 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 her (hereinafter referred to as “Canada”) 

And:
The Government of Québec, as represented by the Minister Responsible for the Status of Women and the Minister Responsible for Canadian Relations and the Canadian Francophonie (hereinafter referred to as “Québec”) 

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 the mandate of the Secrétariat à la condition féminine includes promoting the social, civic, economic, and professional contributions of women to the development of Québec, and promoting women’s rights and true equality between women and men; 

Whereas Canada launched the National Action Plan to End Gender-Based Violence (GBV NAP); 

Whereas Québec is actively working to address sexual and domestic violence, is already making significant investments to end violence against women and is implementing initiatives and services according to needs within its territory and will continue to do so for the benefit of the entire population within its territory, including English-speaking communities; 

Whereas, although it supports the overall objectives of the GBV NAP, Québec cannot adhere to it because it intends to retain its full responsibility in this area on its territory; 

Whereas in Budget 2022, Canada confirmed an investment of $539.3 million over five years (2022–2023 to 2026–2027) to the Department for Women and Gender Equality, 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 Québec has announced $462.4 million in investments as part of the Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022–2027; 

Whereas Canada wishes to supplement Québec’s investments under the Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022–2027; 

Whereas Canada’s objectives align with those already put forward by Québec in its Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022–2027; 

And 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 the Canada–Québec Agreement to Address Gender-Based Violence. 

Now therefore, Canada and Québec agree as follows: 

1. Purpose of agreement

The purpose of this agreement is to establish the terms and conditions for payment to Québec of a contribution by Canada in support of Québec’s activities under its Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022–2027. 

2. Definitions

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

2.1 “Agreement” means this Agreement to Address Gender-Based Violence, as may be amended from time to time. 

2.2 “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. 

2.3 “In-Kind Contributions” means goods and services provided instead of money, or cash-equivalent goods and services that Québec will contribute. In-kind contributions could include rental space in Québec-owned buildings given to an organization at no cost, administrative support provided by Québec government employees, or providing materials to organizations. 

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

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

2.6 “Days” means calendar days. 

2.7 “GBV NAP” means the National Action Plan to End Gender-Based Violence, which is based on a foundation and five pillars. 

2.8 “Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022–2027 (Integrated Violence Strategy)”, and all that derives therefrom, means Québec’s actions to address sexual and domestic violence in the exercise of its jurisdiction. Canada’s contribution under this Agreement will be used to enhance this strategy. It is attached as Schedule A and may be amended by Québec to incorporate new interventions that respond to the priorities and needs within its territory. 

2.9 “Priorities” means the objectives, priorities, and focuses defined in the Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022–2027. These include, but are not limited to, the following: 

• Awareness, prevention, and detection; 
• The overlaps between different systems of discrimination which place certain women and/or victims in contexts of increased vulnerability to gender-based violence, and 
• Strengthening and improving psychosocial, medical, legal, police, and correctional interventions in the fight against gender-based violence. 

2.10 “GBV” means violence based on gender norms and unequal power relations that is perpetrated against someone based on their gender, gender expression, gender identity, or perceived gender. It takes many forms, including physical, economic, sexual, emotional, and psychological violence. 

3. Duration of agreement

3.1 This Agreement shall come into force upon being signed by both Parties, and shall end on March 31, 2027, unless terminated before then, in writing, by Canada or Québec in accordance with the terms of section 13.2 of this Agreement. 

3.2 Subject to termination and notwithstanding its Effective Date, this Agreement covers Québec’s actions under its Integrated Violence Strategy described in Schedule A, 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 eligible expenditures. 

3.3 All obligations of the Parties herein that, expressly or by their nature, survive the 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 

In recognition of Québec’s $462.4 million investments related to the Integrated Violence Strategy, Canada agrees to pay Québec an amount equal to $97,325,000 for Fiscal Years 2023–2024 to 2026–2027, in accordance with the terms set out in sections 4.2, 4.3, and 5. 

4.2 Use of funds 

4.2.1 Canada and Québec agree that federal funds provided under this Agreement will only be used by Québec to support the measures, initiatives, or investments to address sexual and domestic violence described in Schedule A. 

4.2.2 Activities supported by Canada’s funding must respond to the range of needs of the population groups who experience gender-based violence, as described in the Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022–2027. 

4.2.3 Canada recognizes that Québec’s investments in prevention, awareness, and detection activities under its Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022-2027 represent over 25% of the contribution of Canada. Canada’s contribution will enhance these efforts by Quebec to combat sexual and domestic violence. 

4.2.4 Canada’s contribution must not be used to replace existing funding or funding announced publicly by Québec. 

4.2.5 If, for the term of the Agreement, Québec receives any financial assistance in support of initiatives to end gender-based violence from any other federal government department or agency, in addition to the financial assistance provided by Canada in this Agreement, Québec shall:

1. inform Canada promptly, in writing, of the additional assistance received;
2. where Québec 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 received; and
3. where Canada’s funding has already been paid, agree that Canada may, at its discretion, require Québec to repay an amount equal to the amount of such assistance as a debt due to Canada.

4.3 Ineligible activities 

4.3.1 Activities outside Canada 

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

4.3.2 Activities funded by Québec before April 1, 2023 are not covered by this Agreement. 

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

5. Allocations and conditions

Subject to parliamentary approval of appropriations, the maximum allocation by Canada to Québec under this Agreement is $97,325,000 and is in addition to the funds invested by Quebec as part of the implementation of the Integrated Violence Strategy, which appears in Appendix A: 

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

1. $11,675,000 for the Fiscal Year beginning on April 1, 2023;
2. $28,550,000 for the Fiscal Year beginning on April 1, 2024;
3. $28,550,000 for the Fiscal Year beginning on April 1, 2025; and
4. $28,550,000 for the Fiscal Year beginning on April 1, 2026. 

6. Payment

6.1 Payment Conditions

Any payment made by Canada under this Agreement is subject to the appropriation of funds by the Parliament of Canada for the Fiscal Year in which the payment is to be made. Québec will submit annual reports (section 7.2 of the Agreement) to receive the subsequent advance payment for the following Fiscal Year, in accordance with the “Payment and Reporting Schedule” below. The reports must be certified by Québec’s Designated Official. Payments for the subsequent Fiscal Years following Fiscal Year 1 are conditional upon receipt of these completed reports, in accordance with the terms of this Agreement.

6.2 Carry forward 

6.2.1 The funding amounts may be carried forward into subsequent Fiscal Years under the following terms:

1. Quebec informs Canada in writing; 
2. Quebec may only use the amount carried over to the following fiscal year to pay for expenses relating to costs anticipated during the previous fiscal year under section 4.2 on the use of funds under the contribution; 
3. amounts carried forward and paid must be spent by September 30 of the following Fiscal Year; and 
4. any amounts unspent by Québec as of 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 Québec upon Canada’s receipt of the 2026–2027 annual report, due by July 31, 2027. 

6.4 Overpayment 

Québec shall repay to Canada any amount paid to it that exceeds the amount to which Québec is entitled under this Agreement. Any such amount is then considered a debt due to Canada and shall be repaid in a timely manner after receipt of written notice requesting repayment. 

7. Reports and information-sharing

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

7.2 Québec will provide Canada with public reports consistent with Québec accounting practices. These annual reports shall include how federal funds were spent to support the Integrated Violence Strategy. The reports shall include the results of implementation of each of the actions of the Integrated Violence Strategy. 

7.3 Québec intends to continue sharing expertise and best practices on addressing gender-based violence with other governments in Canada. 

7.4 Québec shall provide Canada with an annual report for each Fiscal Year that this Agreement is active, according to the following schedule:

8. Evaluation

8.1 Quebec considers it important to evaluate actions arising from the Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022-2027. 

8.2 It is Quebec’s responsibility to evaluate its own programs and initiatives. According to the established policies and processes on program effectiveness, Quebec shall evaluate the programs and services that receive funding under this Agreement and shall release the results of these evaluations through its accountability process to the National Assembly of Quebec. 

8.3 Following notice, Canada may request comments and information from Quebec for its evaluation of the effectiveness of this Agreement during the term of the Agreement, or once the activities are completed. If additional information is required beyond that declared by Quebec under clause 8.2, this information will be the subject of discussions between Canada and Quebec. 

9. Visibility and public communications

9.1 Communications

Canada and Québec may agree to collaborate in the development and delivery of communications materials and activities related to this Agreement.

1. Canada and Québec will consult with each other a minimum of fifteen (15) working days before a joint media event is held. 
2. The Parties shall jointly determine the date and location of the event in advance to enable and confirm, where applicable, the participation of elected officials or their representatives. 
3. Canada and Québec will work together to reach a mutual agreement on any jointly produced communications materials related to this Agreement. The Parties shall agree on the content of the communications materials, including any visual elements, prior to their distribution. 
4. All jointly produced communications materials shall comply with the Government of Canada's Federal Identity Program and the Programme d’identification visuelle du gouvernement du Québec. 
5. Canada and Quebec agree to collaborate in order to participate in a joint announcement within the framework of this Agreement. 
6. The use of the Canada wordmark and the Québec government signature will be encouraged. 
7. Canada and Québec may produce related documents about their own programs and services, if required.

9.2 Individual communications 

Canada and Québec may produce their own communications regarding this Agreement and the funding under it. 

The Party producing its own communications shall notify the other Party fifteen (15) working days before the public release of these communications. 

10. Intellectual property

10.1 Any intellectual property developed as a result of the funding provided under this Agreement shall be owned by Québec. 

10.2 Québec agrees that Canada may use the information contained in the annual public reports for its own reports.

11. Partnership

11.1 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 Québec, and that it in no way implies any agreement or undertaking to conclude any subsequent agreement. 

11.2 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. 

12. Amendments

This Agreement may only be amended by the mutual written consent of the Parties and with the required approvals. 

13. Dispute resolution

13.1 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 16, then either Party may refer the matter to such senior officials as the Parties may designate for resolution. 

13.2 Termination by the Parties

A Party may terminate this Agreement at any time by giving at least ninety (90) Days’ written notice to inform the other Party of its intention to terminate this Agreement if the other Party has breached the terms of this Agreement and the Parties are not able to resolve the issue in dispute under the dispute resolution process set out in section 13.1. The funding obligations of Canada shall cease at the end of the notice period. 

13.3 No payments after date of termination

As of the date of termination, if this Agreement is terminated by a Party under section 13.2 or 13.3, Canada shall have no obligation to make any further payments to Québec. Subject to the terms and conditions of this Agreement, if funding is discontinued, Canada shall reimburse Québec for 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. 

14. Reduction/termination of this agreement

14.1 Any payment to be made under this Agreement is subject to the appropriation of funds by the Parliament of Canada. Funding under this agreement may, at Canada’s discretion, be reduced or terminated in response to a parliamentary spending decision. 

14.2 In the event of a reduction or termination of funding, Canada may, upon giving Québec ninety (90) Days’ written notice, reduce the funding or terminate this Agreement. Subject to the terms and conditions of this Agreement, in the event that funding is terminated, Canada shall reimburse Québec for any 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. General provisions

15.1 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. 

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

15.3 This Agreement shall be interpreted in accordance with the laws in force in Québec. 

15.4 In the spirit of transparency and open government, Canada and Québec shall make the entire Agreement, including any amendments, public by posting it on their respective websites with the mention that the French version of this Agreement is the official version. 

15.5 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. 

15.6 The parties acknowledge that Canada is subject to the Access to Information Act, R.S.C., 1985, c. A-1, and the Privacy Act, R.S.C., 1985, c. P-21, and they acknowledge that Women and Gender Equality Canada (WAGE) may be required to disclose information under these Acts. 

Québec consents to the public disclosure by Canada of the following information: this Agreement itself, Canada’s contribution, the criteria for calculating payments, the data showing the activities supporting these payments and the reporting. Canada must ensure that any public disclosure meets all requirements for the protection of personal information and third-party information. 

16. Notice

Any notice, information, or other 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 Québec may change the address and other information set out below, provided that a written change of address notice is issued to the other Party. 

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 Québec shall be sent to the Designated Official at the following address: 

Secrétariat à la condition féminine

17. 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 executed this Agreement, 

Signed on behalf of Canada 
at Toronto
this 6 day of November 2023.

The Honourable Marci Ien
Minister for Women and Gender Equality 

Signed on behalf of Québec 
At Québec
This 27 day of October 2023

Martine Biron
Minister Responsible for the Status of Women

Jean-François Roberge
Minister Responsible for Canadian Relations and the Canadian Francophonie 

Schedule A : Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022–2027

Consult the Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022-2027.