Canada–Ontario 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: his Majesty the King in Right of the province of Ontario, as represented by the Minister of Children, Community and Social Services (hereinafter referred to as “Ontario”)

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 Government of Ontario’s Ministry of Children, Community and Social Services advances the interests of women and fights against gender-based violence, sexual exploitation and abuse;

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 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”) as well as de-escalation support to those at risk of perpetrating GBV;

Whereas Ontario 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 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 Ontario 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 Ontario 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 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 and increased service pressure 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-Ontario 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 or impacted by GBV as well as those 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 WAGE funding is available to “Eligible organizations” which are defined as legally constituted not-for-profit organizations providing existing crisis hotlines that respond to GBV, including organizations whose primary mandate is to support those experiencing or impacted by 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 or impacted by GBV  as well as 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 Ontario 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 All obligations of Ontario 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 Ontario’s existing annualized funding to eligible organizations. Ontario 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 and increased service pressure; reaching more Canadians; and adapting and preparing for the delivery of services post-pandemic, including:

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

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

4.3 Ontario further distribution of funds to eligible organizations

Ontario agrees to take measures to ensure that Eligible Organizations are bound to observe the provisions of this Agreement to the extent that they are applicable.  Ontario will enter written agreements with Eligible Organizations under which Ontario is providing funding, which will be awarded and managed in accordance with Ontario’s transfer payment policy. Furthermore, Ontario agrees to ensure that these agreements will provide no more than 20% administrative expenditures to eligible organizations.

5 Contribution and conditions

5.1 Contribution

The maximum contribution by WAGE to Ontario under this Agreement is $8,000,000 toward eligible expenditures. 

Ontario’s annual maximum allocation of funding shall be:

5.2 Payments conditions

5.2.1 After the signing of this Agreement by the Parties:

5.2.2 Ontario 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 Ontario’ authorized representative. Payments are conditional upon receipt and acceptance, by WAGE, of these reports.

5.2.3 Final payment

The final payment, representing the 5% holdback on the 2025/26 payment will be released to Ontario upon receipt of the 2025/26 report, due March 31, 2026.

5.3  Carry forward

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

5.4 Equity of treatment

During the term of this Agreement, any material changes to any of its clauses, excluding clause 5.1, under any bilateral contribution agreement on crisis hotlines responding to gender-based violence 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 will, upon request, be extended to Ontario. 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.

6 Results, monitoring and reporting

Ontario 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

Ontario 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 or impacted by 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 # of type of supports (eligible activities in 4.1.1) provided each year under this Agreement, by hotline
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

Ontario 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 organization, in a preliminary report produced no later than 30 days after this Agreement comes into force.

6.3 Annual reporting

Ontario 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:

7 Audit & evaluation

7.1 Audit

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

WAGE reserves the right to audit or cause to have audited the accounts and records of Ontario 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. Ontario shall make available to auditors, in a timely manner, any records, documents and information that the auditors may require.

Ontario 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. Ontario shall cooperate with WAGE and its representatives or agents relative to any such compliance audit or performance evaluation and shall grant same access to Ontario’ 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 Ontario and with WAGE. The results may be reported to Parliament in a report of the Auditor General.

7.2 Evaluation

As per Ontario’s established policies and processes with respect to program effectiveness, Ontario will evaluate programs and services receiving funds provided under this Agreement as appropriate.

Ontario 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 Ontario’s compliance with the terms and conditions of this Agreement.

8 Visibility and public communications

8.1 Communications

WAGE and Ontario 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 Ontario 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

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

Ontario 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 Ontario Ministry of Children, Community and Social Services and, second, the federal Minister for Women and Gender Equality and the Ontario Minister responsible for Children, Community and Social Services

13.2 Termination by WAGE

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

Ontario may terminate this Agreement at any time by giving at least ninety (90) days of written notice to WAGE of Ontario’ 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 Ontario. Subject to the terms and conditions of this Agreement, in the event that funding is terminated under the program, WAGE shall reimburse Ontario 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 Ontario 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 Ontario 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 Ontario.

In the spirit of transparency and open government, WAGE and Ontario 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.

Ontario 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:

Department for Women and Gender Equality
P.O. Box 8097, Station T, CSC
Ottawa (Ontario)
K1G 3H6

Attention:
Leila Khalaf
Regional Director, Ontario Region
Tel: 1 (866) 599-7259
Email: FEGC.RegionOntario-OntarioRegion.WAGE@fegc-wage.gc.ca

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

Harriett Grant, Director, Community and Indigenous Supports Branch
Community Services Division, Ministry of Children, Community  
and Social Services
315 Front Street West, 4th Floor, Toronto ON  M7A 0B8
Tel: +1 (437) 770-3923
Email: Harriett.Grant@ontario.ca

Signatures

In witness whereof, the Parties have signed this Agreement,

Original signed on behalf of WAGE at Toronto, Ontario this 13th day of December 2022.

Marci Ien
Minister for Women and Gender Equality

Original signed on behalf of Ontario at Toronto, Ontario this 23rd day of November 2022.

Merrilee Fullerton
Minister of Children,
Community and Social Services

Charmaine Williams
Associate Minister of Women’s Social and Economic Opportunity