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

Between: his Majesty the King 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: Nunavut, as represented by the Minister for the Department of Health (hereinafter referred to as “Nunavut”)

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 Federal Government’s Budget 2021 committed $30 million (to 2025-2026) and 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 existing crisis hotlines experiencing 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 Nunavut provides funding to legally constituted not-for-profit organizations (hereinafter referred to as “eligible 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 continue to address the impacts of the COVID-19 pandemic and adapt their delivery of services post-pandemic;

Whereas WAGE wishes to enhance the financial assistance provided by Nunavut 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 Nunavut so that crisis hotlines can serve the urgent needs of more Canadians and offer more robust services, resources, and supports to those experiencing GBV or 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 contribution Agreement (hereinafter referred to as this “Agreement”) is to support eligible organizations providing existing crisis hotlines responding to GBV that are experiencing a rise in call volumes/complexity due to the COVID-19 pandemic by agreeing on the term of payments 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 mean the WAGE-Nunavut Contribution Agreement on crisis hotlines responding to GBV delivered by eligible organizations in accordance with the Women’s Program’s Terms and Conditions.

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” shall mean 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 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, 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.

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 Nunavut in accordance with this Agreement.

3.2 Subject to termination, the agreement covers the activities described in clause 4 for the period commencing on April 1, 2023 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 All obligations of Nunavut herein shall, expressly or by their nature, survive termination or expiry of this Agreement, until and unless they are fulfilled or by their nature expire.

4 Use of funds as contribution

4.1 Use of funds

Funding under this Agreement shall not be used to displace existing Nunavut funding to eligible organizations. Nunavut shall use the contributions paid under this Agreement to fund complementary eligible activities as outlined in clause 4.1.1.

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
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.
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

Nunavut may not submit expenditures under this Agreement for its costs related to the further distribution of funds to eligible organizations.

4.2.3 Costs incurred before a funding decision is made are not eligible.

4.3 Nunavut further distribution of funds to eligible organizations

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

5 Contribution and conditions  

5.1 Contribution

The maximum contribution by WAGE to Nunavut under this Agreement is $500,000 toward eligible expenditures.

Nunavut’s annual maximum allocation of funding shall be:

1. $175,000 for the fiscal year beginning on April 1, 2023
2. $175,000 for the fiscal year beginning on April 1, 2024
3. $150,000 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 Nunavut $175,000 within twenty days of the date of receipt and acceptance of the preliminary report (clause 6.2), and
2. Nunavut shall disburse funds to eligible organizations within ninety days of signing.

5.2.2 Nunavut must submit annual reports (clause 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 Nunavut’ authorized representative. Payments are conditional upon receipt and acceptance, by WAGE, of these reports.

5.2.3 Final payment

The final payment, representing the 10% holdback on the 2025/26 payment will be released to Nunavut upon receipt of the 2025/26 report, due March 31, 2026.

5.3 Carry forward

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

1. Nunavut 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 shall be repaid to Canada within six months after that date.

6 Results, monitoring and reporting

Nunavut shall follow its own policies and procedures to assess and manage the manner in which organizations use federal funds 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

Nunavut will be expected to participate in the collection of performance (impact) data and program evaluations in accordance with clause 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 organizations that received funding
2. PI 2 Annual amount disbursed to funded 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:

6. PI 6 # of calls dropped (hang-up) (daily)
7. PI 7 # of additional staff hired
8. PI 8 # of additional hours worked for existing staff
9. 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 hotlines and highlight what has been achieved with the funding provided.

6.2 Preliminary report

Nunavut shall provide WAGE with a preliminary list of eligible organizations to be supported during the period April 1, 2023, to March 31, 2024 including the amount proposed to be approved for each organization, in a preliminary report produced no later than 30 days after this Agreement comes into force.

6.3 Annual reporting

Nunavut 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 clause 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 clause 5.3.

7   Audit & evaluation

7.1 Audit

Nunavut will ensure that expenditure information presented in the annual report is, in accordance with Nunavut’ standard accounting practices, complete and accurate.

WAGE reserves the right to audit or cause to have audited the accounts and records of Nunavut for a period of up to five years after the end of this Agreement to ensure compliance with the terms and conditions of this Agreement. The scope, coverage and timing of such an audit shall be determined by WAGE and, if conducted, may be carried out by WAGE employees or its representatives. Nunavut shall make available to auditors, in a timely manner, any records, documents and information that the auditors may require.

Nunavut acknowledges that, pursuant to clause 7.1 of the Auditor General Act, R.S.C. (1985), c. A-17 (Reference: http://laws-lois.justice.gc.ca/eng/acts/a-17/page-2.html), the Auditor General of Canada may, at his or her own cost, conduct compliance audits or performance evaluations with respect to this Agreement. Nunavutshall cooperate with WAGE and its representatives or agents relative to any such compliance audit or performance evaluation and shall grant same access to Nunavut’ documents, records and premises as required by WAGE or its representatives or agents for purposes of such audit or evaluation. The auditor may, at their discretion, discuss any concerns raised in such compliance audit or performance evaluations with Nunavut and with WAGE. The results may be reported to Parliament in a report of the Auditor General.

7.2 Evaluation

As per established policies and processes with respect to program effectiveness, Nunavut will evaluate programs and services receiving funds provided under this Agreement and make public the results of any such evaluations.

Nunavut may be asked to participate in an evaluation by WAGE of the initiatives under this Agreement and agrees to provide information as requested by WAGE during and following this Agreement in order for WAGE to evaluate relevant initiatives under this Agreement. Evaluation results will be made available to the public.

WAGE reserves the right at any time during the term of this Agreement and for a period of up to five years after the end of this Agreement to conduct an evaluation to ensure compliance with the terms and conditions of this Agreement.

8   Visibility and public communications

8.1 Communications

WAGE and Nunavut 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 Nunavut 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. In the event that one or more provincial or territorial governments are unable to participate jointly in an announcement (multilateral) related to this initiative, the joint announcement should proceed ahead.  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.

9 Official languages requirements

Nunavut must take necessary measures to communicate and provide related services to eligible organizations in English and in French as the case may require in carrying out its 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 Nunavut. Annual reports submitted to WAGE under this Agreement do not constitute intellectual property and belong to WAGE.

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

Nunavut 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 Deputy Minister responsible for the Nunavut Department of Health and, second, the federal Minister for Women and Gender Equality and the Nunavut Minister responsible for Health.

13.2 Termination by WAGE

WAGE may terminate this Agreement at any time by giving at least ninety (90) days of written notice to Nunavut of WAGE’s intention to terminate this Agreement if the terms of this Agreement are breached by Nunavut 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 Nunavut

Nunavut may terminate this Agreement at any time by giving at least ninety (90) days of written notice to WAGE of Nunavut’ 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 No payments after date of termination

As of the effective date of termination of this Agreement under clause 13.2 or clause 13.3, WAGE shall have no obligation to make any further payments to Nunavut. Subject to the terms and conditions of this Agreement, in the event that funding is terminated under the program, WAGE shall reimburse Nunavut 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 Nunavut 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 Nunavut 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=25049http://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 Nunavut.

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

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.

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

Nunavut 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 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:

Women and Gender Equality Canada
305, boulevard René-Lévesque Ouest, Suite 103
Montréal, QC H2Z 1X1

Attention:

Valérie Gilbert
Acting Regional Manager, Programs Branch - Quebec and Nunavut Region
Toll-Free: 1-888-645-4141
Local: 514-458-1537
infoquebec@cfc-swc.gc.ca

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

Victoria Madsen
ADM Inuusivut and Mental Health and Addictions
Department of Health
VMadsen@GOV.NU.CA
Ph. (867) 975-5290

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 signed this Agreement,

Signed on behalf of WAGE at Ottawa this 26th day of September 2023.
Marci Ien
Minister for Women and Gender Equality

Signed on behalf of Nunavut at Iqaluit this 21st day of September 2023.
Megan Hunt
Deputy Minister of Health