Canada–Manitoba contribution agreement on crisis hotlines responding to gender based violence

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

And: the government of Manitoba, as represented by the Minister responsible for the Status of Women (hereinafter referred to as “Manitoba”)

Hereinafter referred to collectively as the “Parties”.

Whereas the Minister for the Department 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 Manitoba Minister responsible for the Status of Women is to advance gender equality by addressing barriers and working to eliminate gender-based violence;

Whereas the Federal Government’s Budget 2021 committed $30 million (to 2025-2026) in temporary funding to the Department for Women and Gender Equality to work with the thirteen provincial and territorial governments to further distribute funding to crisis hotlines (as hereinafter defined); 

Whereas existing crisis hotlines have experienced a rise in call volumes as a result of the COVID-19 pandemic in their provision of supports to those experiencing gender-based violence (hereinafter referred to as “GBV”) or de-escalation support to those at risk of perpetrating GBV; 

Whereas Manitoba’s Framework: Addressing Gender-Based Violence (the “Framework”) was released in 2020.  The Framework outlines how Manitoba is organizing itself with a whole-of-government approach to respond to GBV. Manitoba, through the Regional Health Authorities, provides funding to legally constituted not-for-profit organizations to support its own network of crisis hotlines responding to GBV and will continue to fund these services within its jurisdiction;

Whereas organizations operating crisis hotlines responding to GBV are addressing the impacts of the COVID-19 pandemic and are adapting and preparing for the delivery of services post-pandemic;

Whereas WAGE wishes to enhance the financial assistance provided by Manitoba to eligible organizations through a contribution pursuant to the Department for Women and Gender Equality’s Women’s Program (hereinafter referred to as the Women’s Program) to Manitoba so that crisis hotlines can serve the urgent needs of more Canadians and offer more robust services, resources, and supports to those experiencing or impacted by GBV as well as de-escalation support to those at risk of perpetrating GBV;

And Whereas paragraph 4(3)(c) of the federal Department for Women and Gender Equality Act authorizes the Minister for Women and Gender Equality to make grants and contributions, in accordance with the terms and conditions approved by the Treasury Board of Canada, in support of programs undertaken by the Minister.

Therefore, in consideration of their respective obligations set out below, the Parties agree to the following:

1  Purpose of contribution agreement

The purpose of this Canada-Manitoba Contribution Agreement on Crisis Hotlines responding to Gender-Based Violence (hereinafter referred to as the “Agreement”) is to support eligible organizations providing existing crisis hotlines responding to GBV that are experiencing a rise in call volumes due to the COVID-19 pandemic by agreeing on the terms of payment to Manitoba of federal funding intended for these eligible organizations.

2 Definitions

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

2.1 “Agreement” shall have the meaning accorded to that term in Section 1 of this Agreement.

2.2 “Crisis hotline” refers to a dedicated service focused on providing immediate crisis services by phone, text, or chat (through a trained crisis responder) with the intention of providing support to those experiencing GBV or at risk of perpetrating GBV. 

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

2.4 “GBV” means violence based on gender norms and unequal power dynamics, perpetrated against someone based on their gender, gender expression, gender identity, or perceived gender. It takes many forms, including physical, economic, sexual, as well as emotional (psychological) abuse. 

2.5 “Eligible activities” means those activities set out in Paragraph 4.1.1 of this Agreement. 

2.6 “Eligible expenditures” means those expenditures set out in the “Guidelines on eligible expenditures for Women and Gender Equality Canada funding programs”, including those set out in Paragraph 4.1.2 of this Agreement, but shall not include those expenditures listed in Subsection 4.2 of this Agreement.

2.7 “Eligible organizations” are legally constituted not-for-profit organizations providing existing crisis hotlines that respond to GBV, including organizations whose primary mandate is to support those experiencing GBV, and, on an exceptional basis, as agreed to by the Parties, organizations that have a broader mandate, but address crisis hotline service gaps in a given area or for a specific population group experiencing GBV or at risk of perpetrating GBV.

2.6 “Parties” has the meaning accorded to that term in the Preamble.

3  Duration of agreement

3.1 This Agreement shall come into force on the date when all the parties will have signed and shall end on March 31, 2026, unless terminated before then by WAGE or Manitoba in accordance with this Agreement.

3.2 Subject to termination, the agreement covers the activities described in clause 4 for the period commencing on May 2, 2022 and ending on March 31, 2026. Unless otherwise pre-authorized by WAGE, only goods and services rendered within this period shall be considered as eligible expenditures

3.3 For greater clarity, goods and services rendered prior to the date the Agreement is signed by all Parties are not eligible expenditures.

3.3 Should this Agreement be terminated, Manitoba and Canada agree to execute any remaining obligations that, by their nature, may need to be fulfilled after termination.

4 Use of funds as contribution

4.1 Use of funds

Manitoba shall use the contributions paid under this Agreement to fund eligible expenditures pertaining to complementary eligible activities. Funding under this Agreement shall not be used to displace existing Manitoba funding to eligible organizations.

4.1.1 Eligible activities

Eligible activities shall include those activities that contribute to and maintain the sustainability of existing crisis hotlines of eligible organizations in addressing the impacts of the pandemic which involves responding to increased call volumes, reaching more Canadians and adapting and preparing for the delivery of services post-pandemic, including:

  1. Reviewing, adapting or expanding existing service approaches to fill gaps identified during the COVID-19 pandemic and to prepare for a post-pandemic environment (Examples include, but are not limited to, coordinating translation services to reach an at-risk population, ensuring culturally appropriate services, enhancing accessibility of services, shifting to virtual operations, etc.);
  2. Developing communication and outreach strategies to support awareness of and access to crisis hotline services for at-risk populations;
  3. Knowledge exchange and networking with other organizations on lessons learned and best practices to maintain services during the pandemic and adapt to a post-pandemic environment;
  4. Temporary staffing to address increased service demand and associated pressures in the short-term (i.e. the end date of this Agreement);
  5. Developing and implementing new or adapted resources to better support responders (Examples include, but are not limited to, cultural competency training, mental health services, onboarding for new responders, etc.);
  6. Addressing technology gaps identified during the COVID-19 pandemic (e.g., phone/Wi-Fi/software upgrades, development of chat-based/virtual services, adaptive technologies, equipment for remote working arrangements, etc.);
  7. Developing and implementing recruitment/retention strategies for volunteers and staff of existing crisis hotlines; or
  8. Activities to maintain safety and emergency precautions during the pandemic (Examples include, but are not limited to, purchase of personal protective equipment and cleaning supplies, rental expenditures for additional space to support physical distancing).

4.1.2 Capital expenditures

Due to the exceptional situation of the COVID-19 pandemic in Canada, capital expenditures are eligible expenditures for eligible organizations, with the exception of the purchase of land, buildings and vehicles, and the construction of new buildings.

4.2 Ineligible expenditures

4.2.1 Activities outside Canada

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

4.2.2 Administrative expenditures

Manitoba may not submit expenditures under this Agreement for its costs related to the further distribution of funds to Eligible Organizations.

4.3 Manitoba’s further distribution of funds to eligible organizations

Manitoba shall take measures to ensure that eligible organizations are bound to observe the applicable provisions of this Agreement. Manitoba shall have a written agreement with eligible organizations that sets out the terms and conditions under which Manitoba is providing funding, including providing no more than 20 per cent for administrative expenditures to eligible organizations and clear expectations as to the results to be obtained in carrying out the activities being funded, as set out in Section 6 of this Agreement.

5 Contribution and conditions

5.1 Contribution

The maximum contribution by WAGE to Manitoba under this Agreement is $1,000,000 toward eligible expenditures.

Manitoba’s annual maximum allocation of funding shall be:

  1. $150,000 for the fiscal year beginning on April 1, 2022;
  2. $350,000 for the fiscal year beginning on April 1, 2023;
  3. $300,000 for the fiscal year beginning on April 1, 2024; and
  4. $200,000 for the fiscal year beginning on April 1, 2025.

5.2 Payments conditions

5.2.1 After the signing of this Agreement by the Parties:

  1. WAGE shall pay Manitoba $150,000 within twenty days of the date of receipt and acceptance of the preliminary report (Subsection 6.2), and
  2. Manitoba shall disburse funds to eligible organizations within ninety days of signing this Agreement.

5.2.2 Manitoba must submit annual reports (Subsection 6.3) to receive payment for the following fiscal year in accordance with the “Payment and Reporting Schedule” below. The reports must be certified by the Manitoba authorized representative. Payments are conditional upon receipt and acceptance, by WAGE, of these reports.

Payment and reporting schedule

Payments (per fiscal year) Period covered by the payment Conditions Reports submitted by
Payment 2022/23 April 1, 2022, to March 31, 2023
  • Upon the signature of this Agreement by the Parties and WAGE receipt and acceptance of the preliminary report from Manitoba (see clause 6.2)
No later than 30 days after this Agreement comes into force
Payment 2023/24 April 1, 2023, to March 31, 2024
  • Subject to parliamentary approval of appropriation
  • Upon receipt of the Manitoba annual report for fiscal year 2022-2023 (see clause 6.3)
May 31, 2023
Payment 2024/25 April 1, 2024, to March 31, 2025
  • Subject to parliamentary approval of appropriation
  • Upon receipt of the Manitoba annual report for fiscal year 2023-2024 (see clause 6.3)
May 31, 2024
Payment #1 for 2025/26 April 1, 2025, to March 31, 2026
  • Subject to parliamentary approval of appropriation
  • Upon receipt of the Manitoba annual report for fiscal year 2024-2025 (see clause 6.3)
  • Payment 1 for fiscal year 2025-2026 will be 90 per cent of the annual payment for 2025-26
May 31, 2025
 Payment #2 for 2025/26 April 1, 2025, to March 31, 2026
  • Upon receipt of Manitoba’ annual report for fiscal year 2025-2026 (see clause 6.3)
  • Payment 2 for fiscal year 2025-2026 will be 10 per cent of the annual payment for 2025-26
March 31, 2026

5.2.3 Final payment

The final payment (i.e. Payment 2 for the fiscal year 2025/26) will be made to Manitoba upon WAGE’s receipt of the 2025/26 annual report, due March 31, 2026.

5.3  Carry forward

At the request of Manitoba and subject to the approval of WAGE:

  1. Manitoba may only use the amount carried forward to the next Fiscal Year for expenditures on eligible costs 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 unspent amounts on March 31, 2026 are considered debts due to Her Majesty the Queen in Right of Canada and shall be repaid within six months after that date.

6 Results, monitoring and reporting

Manitoba shall follow its own policies and procedures to assess and manage the manner in which Eligible Organizations use federal funds provided under this Agreement to ensure transparency, impartiality and fairness.

WAGE collects and disseminates information on the outputs and impacts of the activities funded through its programs; this information is an important part of WAGE accountability to Canadians.

6.1 Performance indicators

Manitoba will be expected to participate in the collection of performance (impact) data and program evaluations in accordance with this Section 6.

This information will be used by WAGE to report on how federal funding is helping Eligible Organizations operating Crisis Hotlines responding to GBV to address the impacts of the COVID-19 pandemic and adapt and prepare for the delivery of services post-pandemic with the ultimate outcomes of better supporting more Canadians experiencing GBV and at risk of perpetrating GBV.

The following list of indicators will be used to measure progress on achieving the objectives of the crisis hotlines, as required by the Government of Canada’s Policy on Results.

Mandatory indicators:

  1. PI 1 # of Eligible Organizations that received funding
  2. PI 2 Annual amount disbursed to funded Eligible Organizations
  3. PI 3 # of crisis hotlines supported
  4. PI 4 # and type of supports provided each year, by hotline (e.g. direct counselling, referrals to other supports, written materials, etc.)
  5. PI 5 # of calls received (daily)

Optional indicators:

  1. PI 6 # of calls dropped (hang-up) (daily)
  2. PI 7 # of additional staff hired
  3. PI 8 # of additional hours worked for existing staff
  4. PI 9 # of volunteers recruited

In addition to the indicators noted above, crisis hotlines will be required to provide 1 to 3 success stories from funded organizations to showcase the work of the crisis hotlines and highlight what has been achieved with the funding provided.

6.2 Preliminary report

Manitoba shall provide WAGE with a preliminary list of Eligible Organizations to be supported during the period April 1, 2022, to March 31, 2023 including the amount proposed to be approved for each Eligible Organization, in a preliminary report produced no later than 30 days after this Agreement comes into force.

6.3 Annual reporting

Manitoba shall provide WAGE with an annual report for each fiscal year that this Agreement is active by May 31st of the following year, apart from the annual report for fiscal year 2025-2026 which is due on March 31, 2026. The annual report will include:

  1. aggregated data to report on results for the indicators noted in Subsection 6.1, depending on the activity undertaken;
  2. a list of eligible organizations that were supported during the reporting period, including the amount each organization received, and
  3. any amount to be carried forward under Subsection 5.3.

7 Audit & evaluation

7.1 Audit

7.1.1 WAGE may choose to rely on the reporting requirements due by Manitoba under Section 5 and 6 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.

7.1.2 If requested by WAGE, the Parties agree that an independent auditor may be appointed through mutual agreement to review the records maintained by Manitoba, including the management of funds provided by WAGE 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 WAGE and Manitoba. Both Parties 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 being subject to their respective privacy legislation. 
  2. The results of the audit shall be made available by the auditor to WAGE and Manitoba 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 as set out in Section 7.1.2 shall be borne by WAGE.

7.2 Evaluation

WAGE and Manitoba agree on the importance of assessing what has been accomplished in terms of the objectives and expected results outlined in this Agreement.

Manitoba is responsible for the evaluation of its activities undertaken under the Agreement and agrees to share with WAGE the public results of any evaluations related to the activities under the Agreement.

WAGE’s programs are routinely subject to evaluation. Following notice, WAGE may request input from Manitoba, including records or direct participation through key informant interviews (for example), for evaluations of the activities funded under this Agreement during the term of the Agreement or once the activities are completed and may use the information provided under this Agreement to evaluate the program for effectiveness and efficiency. If additional information is required, such information shall be discussed between WAGE and Manitoba.

8 Visibility and public communications

8.1 Communications

WAGE and Manitoba agree to collaborate in the execution of communication activities related to this Agreement. The Parties shall designate communications contacts responsible for implementing coordinated joint communications to the public.

WAGE and Manitoba agree to participate in a joint announcement once the Parties will have signed this Agreement.

All efforts will be made to ensure that public communications related to the joint announcement (multilateral or bilateral), specifically key messages and press releases, shall be approved by the Parties. Bilateral announcements will be scheduled dependent on mutually agreed scheduling between the Parties.

All public communications (announcements or promotional material related to the use of funding under this Agreement) shall acknowledge the Government of Canada's financial contribution and, where applicable, shall include a quote from the federal Minister for Women and Gender Equality.

8.2 Individual communications

Notwithstanding clause 8.1, the Parties shall retain the right to fulfill their respective obligations to provide Canadians with information on this Agreement and on the use of funds through their own communication activities after the joint announcement.

8.3 Public posting

In the spirit of transparency and open government, the parties agree that Canada will make publicly available this agreement, including any amendments, by posting it on a Government of Canada website, with the mention that the English version of this Agreement is the official version.

9 Official languages

Both parties agree to take all necessary measures to communicate and provide related services to eligible organizations in English and in French in accordance with the requirements of their respective official languages legislation, in carrying out their obligations pursuant to this Agreement.

10 Intellectual property

Any intellectual property developed as a result of the funding provided under this Agreement shall belong to Manitoba, with the following exceptions:

11 Partnership

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 WAGE and Manitoba, and that in no way implies any agreement or undertaking to conclude any subsequent agreement.

Manitoba shall not represent itself as being a co-contractor, employee or agent of WAGE in carrying out its obligations pursuant to this Agreement.

12 Amendment

This Agreement may only be amended by the mutual written consent of the Parties.

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, the matter shall be referred to, first, the Deputy Minister of the Department for Women and Gender Equality and the Executive Director responsible for the Manitoba Status of Women and, second, the federal Minister for Women and Gender Equality and the Manitoba Minister responsible for the Status of Women.

13.2 Termination by WAGE

WAGE may terminate this Agreement at any time by giving at least ninety (90) days of written notice to Manitoba of WAGE’s intention to terminate this Agreement if the terms of this Agreement are breached by Manitoba and the Parties were not able to resolve the issue in dispute under the dispute resolution process pursuant to clause 13.1. The funding obligations of WAGE shall cease at the end of the notice period.

13.3 Termination by Manitoba

Manitoba may terminate this Agreement at any time by giving at least ninety (90) days of written notice to WAGE of Manitoba’ intention to terminate this Agreement if the terms of this Agreement are breached by WAGE and the Parties were not able to resolve the issue in dispute under the dispute resolution process pursuant to clause 13.1. The funding obligations of WAGE shall cease at the end of the notice period.

13.4 Termination for no cause

WAGE or Manitoba may terminate this Agreement for any reason, by giving ninety (90) days notice as per Subsection 17 to the representative identified in this Agreement.

13.5 No payments after date of termination

As of the effective date of termination of this Agreement under clause 13.2, 13.3, or 13.4 WAGE shall have no obligation to make any further payments to Manitoba. Subject to the terms and conditions of this Agreement, in the event that funding is terminated under the program, WAGE shall reimburse Manitoba eligible costs incurred up to the end date of that notice period. The funding obligations of WAGE shall cease at the end of the notice period.

14 Reduction/termination of this agreement

14.1. Any payment 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. Funding under this Agreement may be reduced or terminated at WAGE’s discretion in response to the government’s annual budget, a parliamentary, governmental or departmental spending decision, or a restructuring or reordering of the federal mandate and responsibilities that impact on the program under which this Agreement is made.

14.2 In the event of a proposed reduction or termination of the funding of the program under clause 14.1, WAGE may, upon giving Manitoba 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, WAGE shall reimburse Manitoba for any eligible costs incurred up to the end date of that notice period. The funding obligations of WAGE shall cease at the end of the notice period.

15 General provisions

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 (Reference: https://laws-lois.justice.gc.ca/eng/acts/c-36.65/page-1.html), with the Values and Ethics Code for the Public Sector and the Policy on Conflict of Interest and Post-Employment (Reference: http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=25049, http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=25178), 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 (Reference: https://www.ourcommons.ca/procedure/standing-orders/Appa1-e.html) or the Conflict of Interest Code for Senators (Reference: http://sen.parl.gc.ca/seo-cse/Eng/Code-e.html), 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.

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

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

If, for any reason, a provision of this Agreement that does not constitute a fundamental condition thereof as agreed to by the Parties, 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. 

The parties acknowledges that WAGE is subject to the Access to Information Act, R.S. 1985, c. A-1and the Privacy Act, R.S., 1985, c. P-21 and acknowledge that WAGE may be required to disclose information under those Acts. 

The parties acknowledges that Manitoba Status of Women is subject to The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act and acknowledge that Manitoba may be required to disclose information under those Acts. 

Manitoba consents to the public disclosure by WAGE of the following information: this Agreement itself, amounts advanced as eligible expenditures, the criteria for calculating payments, data showing the activities supporting such payments and any analysis, audit, reports and evaluations relating to the program. WAGE shall ensure that any public disclosure respects all requirements to protect personal information and third-party information.

16 Equality of treatment 

During the term of this Agreement, any material changes to any of its provisions, excluding Section 5, under any bilateral contribution agreement on crisis hotlines responding to GBV which have been negotiated, either under the original agreement or through amendments, addendums or otherwise, between WAGE and any other province or territory of Canada, except the province of Québec, and which are more favourable than what was negotiated with Manitoba will, upon request, be extended to Manitoba. 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 Notice

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.

Notices or communications addressed to WAGE shall be sent to the following address:

16th Floor, #1642 Canada Place
97000 Jasper Avenue
Edmonton AB T5J 4C3
Attention: Olga Rabeson
Regional Director, Prairies Region
Tel: 1(866) 966-3640
Email: CFC.RegionPrairies-PrairiesRegion.SWC@cfc-swc.gc.ca

Notices or communications addressed to Manitoba shall be sent to the following address:

Jamie Carnegie
Executive Director, Manitoba Status of Women
Department of Families
409-401 York Ave, Norquay Bldg
Winnipeg, MB R3C 0P8
Email: Jamie.Carnegie@gov.mb.ca

Signatures

In witness whereof, the Parties have signed this Agreement,

Original signed on behalf of WAGE
at Winnipeg, Manitoba this 10th day of August 2022.

Marci Ien
Minister for Women and Gender Equality

Original signed on behalf of Manitoba at Winnipeg, Manitoba this 28th day of July 2022.

Rochelle Squires
Minister responsible for the Status of Women

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