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

Between: the Governement 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 “Canada” or “WAGE”)

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

Hereinafter referred to individually as “Party” or collectively as the “Parties”.

Whereas the powers, duties and functions of the Minister for the Department for Women and Gender Equality 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 is primarily to foster women’s social, civic, economic and professional contribution to Quebec’s development and to promote women’s rights and true equality between women and men;

Whereas the Federal Government’s Budget 2021 committed $30 million (to 2025–26) so that crisis hotlines could serve the urgent needs of Canadians and offer more robust services, resources, and supports to prevent the escalation of gender-based violence (hereinafter referred to as “GBV”);

Whereas Quebec has its own network of organizations operating crisis hotlines responding to sexual assault and intimate partner violence, provides a large portion of their funding, and will continue to fund these services in the province, including to the English-speaking community;

Whereas organizations in Quebec operating crisis hotlines responding to sexual assault and intimate partner violence are dealing with the impacts of the COVID-19 pandemic and are adapting and preparing for the delivery of services post-pandemic;

Whereas Canada wishes to enhance the financial assistance provided by Quebec to organizations providing crisis hotlines through the transfer of a portion of the funds committed in 2021, in proportion to Quebec’s population;

And whereas paragraph 4(3)(c) of the 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 agreement

The purpose of this agreement is to support organizations in Quebec operating existing crisis hotlines responding to GBV by agreeing on the term of payments of federal funding intended for these organizations.

2 Definitions

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

2.1 “Agreement” means the Canada–Quebec Contribution Agreement on Crisis Hotlines Responding to Gender-Based Violence. 

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 ending on March 31 of the calendar year immediately following. 

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

3  Duration of agreement

3.1 The Agreement will take effect upon final signature and will terminate on March 31, 2026, unless terminated earlier by one of the Parties in accordance with the Agreement.

3.2 Subject to termination, the Agreement will cover the activities set out in clause 4 from the date of final signature to March 31, 2026. Unless otherwise pre-authorized by WAGE, only goods and services delivered within this period will be considered to be eligible expenditures.

4 Use of funds

4.1 Use of funds

Given that Quebec is already providing funding to its network of organizations operating crisis hotlines, Quebec will use the contribution paid under the Agreement to fund additional eligible activities as set out in clause 4.1.1.

4.1.1 Eligible activities

Eligible activities include those that contribute to the sustainability of existing crisis hotlines during the exceptional circumstances of the COVID-19 pandemic. These activities are also provided by organizations to prepare for post-pandemic service delivery, such as the following:

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 relate to an issue outside Canada are not eligible for funding under the Agreement.

4.3 Administrative expenditures

Canada agrees that Quebec may use, for administrative expenditures, up to 1% of the financial contribution received from Canada under the Agreement for the fiscal years 2023–24 to 2025–26.

4.4 Further distribution of funds to organizations

Quebec will follow its own policies and procedures to distribute funding to organizations in its network.

5 Contribution and terms of payment

5.1 Contribution

The maximum contribution by Canada to Quebec under the Agreement is $5,500,000 for eligible expenditures.

.2 Terms of payment

5.2.1 Once the Parties have signed the Agreement and WAGE has received Quebec’s preliminary report, no later than March 15, 2023 (see clause 6.2), WAGE will pay Quebec $2,100,000 on April 1, 2023.

5.2.2 Quebec 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 Quebec’s authorized representative. Payments are conditional upon receipt by WAGE of complete reports covering all the items set out in clause 6.

5.2.3 Final payment

The final payment, which is the second payment of 5% of the 2025–26 payment, will be made to Quebec upon receipt of the 2025–26 report, due on March 31, 2026.

5.3 Carry forward

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

Any amounts not spent by March 31, 2026, will be considered debts to Canada and must be repaid within six months of that date.

6 Reporting

Quebec will follow its own policies and procedures to evaluate and manage how agencies use federal funds to ensure that it is carried out in a transparent, impartial and fair manner.

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

6.1 Performance indicators

Quebec must submit the following information to WAGE so that WAGE can evaluate the program in accordance with clause 6:

1. Number of organizations that received funding.
2. Annual amount disbursed to funded organizations.
3. Number of crisis hotlines.

 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 to and prepare for post-pandemic service delivery, with the ultimate outcome of better supporting more people experiencing or impacted by GBV or at risk of perpetrating GBV. 

In addition, Quebec must provide a qualitative analysis in its annual reports showing the impacts of the funding, by policy and program.

6.2 Preliminary report

Quebec must provide WAGE with a preliminary list of organizations eligible for support from April 1, 2023, to March 31, 2024, in a preliminary report submitted no later than March 15, 2023.

6.3 Annual reports

Quebec must provide WAGE with an annual report for each fiscal year in which the Agreement is in effect by May 31 of the following year, except for the annual report for fiscal year 2025–26, which will be due by March 31, 2026. The annual report must include the following:

1. Aggregated data for the indicators set out in clause 6.1, depending on the activity undertaken.
2. A list of eligible organizations that received support during the reporting period, including the amount received by each organization.
3. Any amount to be carried forward under clause 5.3.

7 Evaluation

Quebec is responsible for evaluating its own programs and initiatives. To assist in Canada’s evaluation of its program under the Agreement, Quebec may share the results of its evaluations that are made public through its accountability process with the Quebec National Assembly.

8 Visibility and public communications

8.1 Communications

Canada and Quebec may agree to develop and implement joint communication activities and products concerning the Agreement and jointly funded projects. 

1. Canada and Quebec will consult with each other at least 15 working days before holding a joint media event.
2. The Parties will ensure that the date and location of the event are jointly determined in advance so as to facilitate and confirm, if necessary, the participation of elected officials or their representatives.
3. For announcements regarding specific projects, the final beneficiary will be invited to participate.
4. Canada and Quebec will work together to reach agreement on any jointly produced communication products regarding the Agreement and jointly funded projects. The Parties must agree on the contents of the communication products, including any visual components, before they are released.
5. All jointly produced communication products must comply with the Federal Identity Program and the Programme d’identification visuelle du gouvernement du Québec.
6. The use of the “Canada” wordmark and the Government of Quebec signature will be given preference.
7. Canada and Quebec may produce related documents for their own programs and services, if required.

8.2 Individual communications

Canada and Quebec may produce their own communications regarding the programs and projects jointly funded under the Agreement

Each Party producing its own communications shall notify the other Party 15 working days before public release.

9 Intellectual property

Any intellectual property developed as a result of funding provided under the Agreement will belong to Quebec.

10 Partnership

The Parties acknowledge that the 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 Quebec, and that it in no way implies any agreement or undertaking to conclude any subsequent agreement.

Quebec must not represent itself as a co-contractor, employee or agent of WAGE in carrying out its obligations under the Agreement.

11 Amendment

The Agreement may be amended only by mutual written consent of the Parties, subject to the required approvals.

12 Dispute resolution

12.1 Dispute resolution mechanism

In the event of a dispute arising under the terms of the 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 will first be referred to the Deputy Minister of the Department for Women and Gender Equality and the Associate Deputy Minister of the Quebec Secrétariat à la condition féminine, and then to the federal Minister for Women and Gender Equality and the Quebec Minister Responsible for the Status of Women.

12.2 Termination by the parties

A Party may terminate the Agreement at any time by giving at least 90 days’ written notice to the other Party of its intention to terminate the Agreement if the terms and conditions of the Agreement are breached by the other Party and the Parties have not been able to resolve the issue in dispute through the dispute resolution process set out in clause 12.1. The funding obligations of Canada will cease at the end of the notice period. Subject to the terms and conditions of the Agreement, if funding is terminated under the program, Canada will reimburse Quebec for any eligible costs incurred up to the end of the notice period. The funding obligations of Canada will cease at the end of the notice period.

13 Reduction/termination of this agreement

13.1. Any payment made under the Agreement is subject to the appropriation of funds by the Parliament of Canada and to the maintenance of current and forecasted program budget levels. Funding under the Agreement may be reduced or terminated at Canada’s discretion in response to a spending decision by Parliament.

13.2 In the event of a proposed reduction or termination of funding for the program under clause 13.1, WAGE may, upon giving Quebec 90 days’ written notice, reduce the funding or terminate the Agreement. Subject to the terms and conditions of the Agreement, if funding is terminated under the program, WAGE will reimburse Quebec for any eligible costs incurred up to the end of the notice period. The funding obligations of WAGE will cease at the end of the notice period.

14 General provisions

No current or former federal public servant or public office holder who fails to comply with the Conflict of Interest Act, S.C. 2006, c. 9 (https://laws-lois.justice.gc.ca/eng/acts/c-36.65/), the Values and Ethics Code for the Public Sector (https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=25049) and the Policy on Conflict of Interest and Post-Employment (https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=25178), Member of Parliament who fails to comply with the Conflict of Interest Code for Members of the House of Commons (https://www.ourcommons.ca/procedure/standing-orders/appa1-e.html), Senator who fails to comply with the Ethics and Conflict of Interest Code for Senators (https://seo-cse.sencanada.ca/en/), or any other person bound by other values and ethics codes applicable in Quebec or to specific beneficiaries shall derive any direct benefit from the Agreement, unless the provision or receipt of the benefit complies with the legislation or codes. 

The Agreement constitutes the entire agreement between the Parties with respect to its subject matter. 

The Agreement will be interpreted in accordance with the laws in force in Quebec. 

In the spirit of transparency and open government, Canada and Quebec must make the entire Agreement, including any amendments, publicly available on their websites, with a note that the French version of the Agreement is the official version. 

If, for any reason, a provision of the Agreement that is not a fundamental condition thereof is deemed void or unenforceable, in whole or in part, the provision will be considered severable and will be struck from the Agreement; however, all other terms and conditions will remain valid and enforceable. 

The Parties acknowledge 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 that WAGE may be required to disclose information under those Acts. 

Quebec consents to the public disclosure by WAGE of the following information: the Agreement itself, the amounts advanced as eligible expenditures, the criteria for calculating payments, the data showing the activities supporting these payments and the reports. WAGE must ensure that any public disclosure complies with all requirements for the protection of personal information and third-party information.

16  Notice

Any notice, information or document required under the Agreement shall be deemed given if sent by email. Any notice sent by electronic mail will be considered received one working day after being sent.

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

Women and Gender Equality Canada
103-305 René-Lévesque Boulevard West
Montréal, Quebec H2Z 1X1
Attention:
Valérie Gilbert
Acting Regional Manager, Programs Branch—Quebec and Nunavut Region
Toll-Free: 1-888-645-4141
Local: 514-458-1537
Email: infoquebec@cfc-swc.gc.ca

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

Catherine Ferembach
Associate Deputy Minister
Secrétariat à la condition féminine
905 Honoré-Mercier Avenue, 3rd Floor
Québec, Quebec G1R 5M6
Catherine.Ferembach@scf.gouv.qc.ca

Signatures

In witness whereof, the Parties have signed this Agreement,

Original signed on behalf of WAGE at Québec this 27th day of August 2022.

Marci Ien
Minister for Women and Gender Equality

Original signed on behalf of Québec at Québec this 18th day of August 2022.

Isabelle Charest
Minister Responsible for the Status of Women

Sonia Bell
Minister Responsible for Canadian Relations and the Canadian Francophonie