Canada–Newfoundland and Labrador transfer payment agreement on the implementation of the National Action Plan to End Gender-Based Violence

Agreement

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

and:
His Majesty the King in Right of Newfoundland and Labrador as represented by the Minister Responsible for Women and Gender Equality and the Minister for Intergovernmental Affairs and including any person duly authorized to represent it (hereinafter referred to as “Newfoundland and Labrador”)

Hereinafter referred to collectively as the “Parties”.

 

Whereas, Canada’s Minister for Women and Gender Equality’s powers, duties and functions include the advancement of equality, including social, economic and political equality, with respect to sex, sexual orientation, and gender identity or expression;

Whereas, the mandate of the Government of Newfoundland and Labrador’s Office of Women and Gender Equality is primarily to advance the social, economic, cultural, and legal status of women in our province, and work toward equality among people of all genders in Newfoundland and Labrador;

Whereas, preventing and addressing gender-based violence necessitates coordinated and collaborative actions from federal, provincial, and territorial governments, each working within their respective jurisdictional authorities, in partnership with survivors, Indigenous partners, civil society, front-line service providers, municipalities, the private sector and researchers;

Whereas, on November 8th, 2022, at the 40^th Annual Meeting of Federal-Provincial-Territorial (FPT) Ministers Responsible for the Status of Women, Ministers endorsed the National Action Plan to End Gender-Based Violence (hereinafter referred to as the “NAP to End GBV”); a ten-year, collaborative approach to ending gender-based violence (hereinafter referred to as “GBV”);

Whereas, joint efforts in support of the NAP to End GBV will align with and complement the Truth and Reconciliation Commission’s Calls to Action and the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Calls for Justice;

Whereas, the federal government’s Budget 2022 provided $539.3 million over five years (2022-2023 to 2026-2027) to the Department for Women and Gender Equality Canada, including $525 million to enable provinces and territories to supplement and enhance services and supports within their jurisdictions to prevent gender-based violence and support survivors;

Whereas, Newfoundland and Labrador already supports efforts to prevent GBV and supports victims and families;

Whereas, Canada wishes to supplement Newfoundland and Labrador’s investments, including new and expanded actions to end GBV under the collaborative framework of the NAP to End GBV, based on Newfoundland and Labrador’s priorities, but including investment in the areas defined as Priorities in Section 2.9;

Whereas, section 5 of the Department for Women and Gender Equality Act authorizes the Minister for Women and Gender Equality to, with the approval of the Governor in Council, enter into a Transfer Payment Agreement on the Implementation of the National Action Plan to End Gender- Based Violence with Newfoundland and Labrador;

and whereas Canada’s funding under this Agreement will be distributed to Newfoundland and Labrador in accordance with the terms and conditions of the Department for Women and Gender Equality’s (hereinafter referred to as “WAGE”) Equality for Sex, Sexual Orientation, Gender Identity and Expression Program: A Grants and Contributions Program.

Now therefore, Canada and Newfoundland and Labrador agree as follows:

1. Purpose of agreement

The purpose of this Agreement is to support Newfoundland and Labrador’s implementation of its actions under the NAP to End GBV (Annex A) so that collectively, the vision of the NAP to End GBV can be advanced - “A Canada free of gender-based violence. A Canada that supports victims, survivors and their families, no matter where they live”.

2. Definitions

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

2.1 “Agreement” means this binding Transfer Payment Agreement on the Implementation of the National Action Plan to End Gender Based Violence, including its Annexes and Schedules, as may be amended from time to time.

• Annexes A and D by the Federal Provincial Territorial Forum of Ministers responsible for the Status of Women, and
• Schedules B and C by the Parties to this Agreement. 

2.2 “Days” means calendar days.

2.3 “Designated Official” means the person(s) identified by the Party with the authority, responsibility, and integrity to represent the Party and perform responsibilities related to implementing the Agreement.

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

2.5 “Eligible Expenditures” means expenses related to actions in Newfoundland and Labrador’s Implementation Plan (Schedule B) for which federal funding can be used in accordance with this Agreement.

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

2.7 “GBV (Gender-Based Violence)” means violence perpetrated against someone based on their gender, gender expression, gender identity, or perceived gender. It takes many forms, including physical, sexual, psychological, emotional, and financial abuse as well as technology-facilitated violence.

2.8 “NAP to End GBV” means the National Action Plan to End Gender-Based Violence (attached as Annex A), a ten-year, collaborative framework for a national approach to ending GBV and its impacts in Canada through opportunities for action under five pillars and a foundation:

• Pillar 1 - Support for survivors and their families
• Pillar 2 - Prevention
• Pillar 3 - Responsive justice system
• Pillar 4 - Implementing Indigenous-led approaches
• Pillar 5 - Social infrastructure and enabling environment
• The Foundation (leadership, coordination and engagement; data, research and knowledge mobilization; and, monitoring, evaluation and reporting)

2.9 “In-kind Contributions” means goods and services provided instead of money, or cash-equivalent goods and services Newfoundland and Labrador will contribute to actions under the NAP to End GBV. In-kind contributions could include rental space in provincially owned buildings given to an organization at no cost, administrative support provided by provincial/territorial employees, or providing materials to organizations.

2.10 “Priorities” mean the following three, broad priority areas:

1. Increasing prevention efforts – to stem the tide of downstream costs and support sustainability over the longer-term
2. Reaching underserved and/or most at-risk populations – to ensure that services and supports are accessible, appropriate, and tailored to specific needs
3. Stabilizing the GBV sector – to enable the ongoing and effective delivery of essential GBV services across the country

2.11 “Newfoundland and Labrador’s Implementation Plan” means the four-year actions of Newfoundland and Labrador to implement the NAP to End GBV in its jurisdiction, agreed to by the Parties and attached as Schedule B. Newfoundland and Labrador’s Implementation Plan outlines:

• Actions under the five pillars and the foundation of the NAP to End GBV as prioritized by Newfoundland and Labrador. While all Newfoundland and Labrador’s actions must fall under the five pillars and foundation of the NAP to End GBV, Newfoundland and Labrador’s Implementation Plan does not have to include actions in all five pillars and foundation in any one year of this Agreement, other than outlined in Section 4.2.4.
• Actions that support the three Priorities
• Connections between Newfoundland and Labrador’s Implementation Plan and other work in their respective jurisdictions in addressing GBV
• Outcomes expected to be achieved by the actions
• A data collection plan to fulfill Newfoundland and Labrador’s obligations for reporting (outlined in Section 7.3) as outlined in Annex D.

2.12 “Ultimate Recipients” means organizations providing actions to address GBV under Newfoundland and Labrador’s Implementation Plan.

3. Duration of agreement

3.1 This Agreement shall come into force on the Effective Date and shall end on March 31, 2027, unless terminated before then by Canada or Newfoundland and Labrador in accordance with this Agreement.

3.2 Subject to termination, this Agreement covers the actions described in Schedule B for the period commencing on April 1, 2023 and ending on March 31, 2027. Unless otherwise pre-authorized by Canada, only goods and services rendered within this period shall be considered as Eligible Expenditures.

3.3 All obligations of the Parties herein which, expressly or by their nature, survive termination or expiry of this Agreement, shall survive until and unless they are fulfilled or by their nature expire.

4. Areas of investment

4.1 Cost sharing

4.1.1 The federal allocation under this Agreement, up to the maximum amount allocated to Newfoundland and Labrador in Section 5.1.1, shall be matched by Newfoundland and Labrador through an overall, 50-50 sharing of costs. Canada’s allocation shall not exceed 50% of Newfoundland and Labrador’s total funding for the purpose of this Agreement.

4.1.2 Newfoundland and Labrador’s cost share can include:

1. new investments;
2. existing GBV-related funding or investments; and,
3. where agreed to in writing by Canada, In-kind Contributions.

4.1.3 A higher federal cost share may be used for Newfoundland and Labrador’s actions supporting the Priorities, within an overall 50-50 cost share ratio for the full value of the Agreement.

4.1.4 Any funds identified by Newfoundland and Labrador as constituting any part of its 50% cost share under this Agreement must not be used as Newfoundland and Labrador’s cost share or cost matching in any other agreement with the Government of Canada.

4.2 Use of funds

4.2.1 Canada and Newfoundland and Labrador agree that federal funds provided under this Agreement will only be used by Newfoundland and Labrador in accordance with Eligible Expenditures included in Newfoundland and Labrador’s Implementation Plan (Schedule B) and align with the guiding principles of the NAP to End GBV (Annex A).

4.2.2 Where Newfoundland and Labrador transfers funding to Ultimate Recipients, Newfoundland and Labrador shall have full independence and responsibility in the selection of such Ultimate Recipients.

4.2.3 Programs, services and actions supported with Government of Canada funding must support the needs of the key population groups, including: women and girls; Indigenous women and girls; Black and racialized women; immigrant and refugee women; Two-Spirit, Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, plus people (2SLGBTQI+); women with disabilities, and women living in Northern, rural, and remote communities.

4.2.4 A minimum of 25% of the total federal funding under this Agreement must be spent by Newfoundland and Labrador on Priority area #1 -- increasing prevention efforts (as defined in Section 2.10).

4.2.5 Newfoundland and Labrador’s administration costs including costs related to central administrative functions that are drawn upon to support actions but are not specifically part of delivering an action outlined in Schedule B (e.g., office equipment, IT maintenance, public sector salaries) may account for a maximum of 10% of the Newfoundland and Labrador’s 50% cost share.

4.2.6 Eligible Expenditures under the federal 50% cost share can include staff and management salaries and benefits directly related to delivery of Eligible Expenditures as outlined in Schedule B, but no federal funding can be used towards Newfoundland and Labrador’s administration costs described in Section 4.2.5.

4.2.7 Funding under this Agreement shall not be used to displace existing or publicly announced funding by Newfoundland and Labrador.

4.3 Ineligible expenditures

4.3.1 Actions outside Canada

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

4.3.2 Costs incurred before April 1, 2023, are not eligible for cost sharing.

4.3.3 Expenditures that do not support the implementation of the NAP to End GBV are not eligible for funding under this Agreement.

5. Allocation and conditions

5.1 Allocation to Newfoundland and Labrador

5.1.1 Subject to Parliamentary approval of appropriations, the maximum allocation by Canada to Newfoundland and Labrador under this Agreement is $13,558,000, matched by Newfoundland and Labrador, toward Eligible Expenditures in Newfoundland and Labrador’s Implementation Plan. Newfoundland and Labrador’s cost matching is further detailed in Schedule C. 

Canada’s annual maximum allocation of funding to Newfoundland and Labrador shall be:

1. $2,602,000 for the Fiscal Year beginning on April 1, 2023
2. $3,652,000 for the Fiscal Year beginning on April 1, 2024
3. $3,652,000 for the Fiscal Year beginning on April 1, 2025
4. $3,652,000 for the Fiscal Year beginning on April 1, 2026.

5.2 Transfer of funds between expenditure categories

5.2.1 Canada and Newfoundland and Labrador agree that, within each Fiscal Year of the period of this Agreement, Newfoundland and Labrador may move funding between the pillars and the foundation of the NAP to End GBV outlined in its Implementation Plan in Schedule B to ensure the maximum use of funding, in accordance with Section 4.2.4. Newfoundland and Labrador agrees to notify Canada in writing prior to any such change in funding allocation, including the rationale for the change. Should Canada have a reasonable objection to the change proposed by Newfoundland and Labrador, Canada shall communicate its objection within 30 Days following the issuance of Newfoundland and Labrador’s written notification to Canada.

6. Payment

6.1 Payment conditions

6.1.1 After the Effective Date, Canada shall pay Newfoundland and Labrador $2,602,000 for Fiscal Year 1 within twenty (20) Days for the first payment.

6.1.2 Newfoundland and Labrador will submit annual reports (Section 7.3 of Agreement) to receive subsequent advance payment for the following Fiscal Year in accordance with the “Payment and Reporting Schedule” below. The reports must be certified by Newfoundland and Labrador’s Designated Official. Payments for the subsequent Fiscal Years following Fiscal Year 1 are conditional upon receipt and acceptance by Canada of these completed reports and will be made to Newfoundland and Labrador within 20 Days. 

6.2 Carry forward

6.2.1 At the written request of Newfoundland and Labrador, and subject to the approval of Canada, which will not be unreasonably withheld, funding amounts may be carried forward into the next Fiscal Year, under the following terms:

1. Newfoundland and Labrador may only use the amount carried forward to the next Fiscal Year for Eligible Expenditures 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 amounts unspent by Newfoundland and Labrador on March 31, 2027, shall be repaid to Canada within six months after that date.

6.3 Final payment

6.3.1 The final payment will be made to Newfoundland and Labrador upon Canada’s receipt of the 2026-2027 annual report, due by July 31, 2027, and confirmation that Newfoundland and Labrador has met its commitments under this Agreement.

6.3.2 Details on other payment conditions can be found in Schedule C.

7. Results, monitoring and reporting

7.1 Monitoring ultimate recipients

7.1.1 Newfoundland and Labrador will follow its own policies and procedures to assess and manage the manner in which Ultimate Recipients use federal funds provided under this Agreement to ensure transparency, impartiality, and fairness.

7.2 Performance indicators

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

7.2.2 Newfoundland and Labrador will collect jurisdictional-specific data needed to report on the performance indicators in the NAP to End GBV Expected Results, attached as Annex D.

7.3 Annual reporting

7.3.1 Newfoundland and Labrador shall provide Canada with an annual report for each Fiscal Year that this Agreement is active by July 31^st of the following year. Newfoundland and Labrador agrees that the annual report will include:

1. data to report on results for the indicators in Newfoundland and Labrador’s Implementation Plan (Schedule B) and the Results Framework (Annex D);
2. a report on the actual actions completed in the Fiscal Year against the actions in Newfoundland and Labrador’s Implementation Plan;
3. a report of Newfoundland and Labrador’s actual Eligible Expenditures and a financial statement that is prepared in accordance with Newfoundland and Labrador’s financial authorities and/or regulations against the amounts in Newfoundland and Labrador’s cost-sharing budget;
4. a list of Ultimate Recipients that were supported during the reporting period, including the amount each organization received;
5. an updated Implementation Plan, if needed, for the remaining years of this Agreement;
6. an updated Cost-sharing Budget, if needed, for the following years of this Agreement;
7. any amount to be carried forward under Section 6.2.

8. Audit & evaluation

8.1 Audit

8.1.1 Canada may choose to rely on the reporting requirements due by Newfoundland and Labrador under Section 5, 6 and 7 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.

8.1.2  If requested by Canada, the Parties agree that an independent auditor may be appointed through mutual agreement to review the records maintained by Newfoundland and Labrador, including the management of funds provided by Canada 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 Canada and Newfoundland and Labrador. Both Parties shall make available to the auditors, in a timely manner, any accounts, records, documents or information related to actions that the auditors may reasonably require, upon request. The records, documents and information provided by the Parties are subject to their respective privacy legislation.
2. The results of the audit shall be made available by the auditor to Canada and Newfoundland and Labrador 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 shall be borne by Canada.

8.2 Evaluation plan

8.2.1 Canada and Newfoundland and Labrador agree on the importance of assessing what has been accomplished in terms of the implementation progress to date on the NAP to End GBV outlined in this Agreement.

8.2.2 Canada’s programs are routinely subject to evaluation. The Parties agree to participate in the NAP to End GBV evaluation.

8.2.3 The evaluation plan for the NAP to End GBV evaluation will be jointly agreed with all provinces and territories in advance of the evaluation and will: focus on gaps and strengths in governance, coordination, and actions; assess progress towards short-, medium- and long-term outcomes; and examine the effectiveness and efficiency in the design and delivery of the NAP to End GBV.

9. Public communications & stakeholder engagement

9.1 Joint announcements

9.1.1 Canada and Newfoundland and Labrador agree to collaborate in the development of communication materials and activities related to this Agreement. The Parties shall designate communications contacts responsible for implementing coordinated joint communications to the public.

9.1.2 Canada and Newfoundland and Labrador agree to participate in an announcement of the bilateral Agreement, which may include stakeholders, once the Parties have signed this Agreement. This must precede the announcements under Section 9.1.3.

9.1.3 Canada and Newfoundland and Labrador agree to collaborate on communication products related to announcements under this Agreement with a value of over $100,000. This includes individual actions with a value of over $100,000, or a collection of actions announced at the same time for a value of over $100,000 total. Canada and Newfoundland and Labrador can collaborate on communications products related to actions funded under $100,000, if agreed upon by both Parties.

9.1.4 All efforts will be made to ensure that public communications related to joint announcements are mutually agreed to by the Parties. Where applicable, products shall include a quote from both Newfoundland and Labrador’s Minister Responsible for Women and Gender Equality and the Minister for Intergovernmental Affairs Minister and Canada’s Minister for Women and Gender Equality. For announcements related to specific actions, the Ultimate Recipients of the actions will be invited to take part.

9.2 Individual communications

9.2.1 The Parties agree that its public communications (announcements and promotional material) related to the use of funding under this Agreement will acknowledge the financial contributions of the other Party. Wherever Newfoundland and Labrador’s visual identity is used (both online and physical), the Government of Canada’s visual identity must be used as well.

9.2.2 Notwithstanding Section 9.1, the Parties shall retain the right to fulfill their respective obligations to provide the people of Newfoundland and Labrador and Canada with information on this Agreement and on the use of funds through their own communication activities after the joint announcement with twenty (20) Days’ notice to the other Party prior to the public release.

9.3 Stakeholder engagement

9.3.1 Newfoundland and Labrador is encouraged to engage with Indigenous peoples, official language minority communities, GBV advocates, stakeholders, and other interested parties throughout implementation of the actions outlined in Schedule B.

10. Official languages

In carrying out this Agreement, Newfoundland and Labrador will take into consideration the needs of official language minority communities within the Province of Newfoundland and Labrador, as provided under Newfoundland and Labrador’s French Language Services Policy.

11. Intellectual property

Canada does not assert ownership of any intellectual property developed as a result of the funding provided under this Agreement. Annual reports submitted to Canada under this Agreement do not constitute intellectual property and belong to Canada.

12. Partnership

12.1 The Parties acknowledge that this Agreement does not constitute an association for the purpose of establishing a partnership or joint venture and does not create an agency relationship between Canada and Newfoundland and Labrador, and that in no way implies any agreement or undertaking to conclude any subsequent agreement.

12.2 Neither Party shall represent itself as being a co-contractor, employee, or agent of the other Party in carrying out its obligations pursuant to this Agreement.

13. Amendments

13.1 Canada’s Minister for Women and Gender Equality may be required to obtain approval of the Governor in Council under Section 5 of the Department for Women and Gender Equality Act before amending this Agreement.

13.2 The sections of this Agreement, may only be amended by the mutual written and signed consent by the Parties.

Annex A is for information only and cannot be amended through this Agreement.

Newfoundland and Labrador may adjust the actions in its Implementation Plan (Schedule B) within a Fiscal Year, as needed from time to time, without the mutual consent of the Parties, with the exception of changes under section 5.2.1. Newfoundland and Labrador will report all changes in its annual report for that Fiscal Year (Section 7.3).

Schedule C may only be amended by the mutual written and signed consent of the Parties.

Annex D can only be amended with the consensus of all jurisdictions who endorsed the NAP to End GBV through the Federal Provincial Territorial Forum of Ministers responsible for the Status of Women.

14. Dispute resolution

14.1 Dispute resolution mechanism

In the event of a dispute arising under the terms and conditions of this Agreement, the Parties agree to make a good-faith attempt to settle the dispute. If a dispute cannot be resolved by the Designated Officials identified in Section 18.2, then either Party may refer the matter to such senior officials as the Parties may designate for resolution.

14.2 Termination for breach

If a Party breaches the terms of the Agreement and the Parties are not able to resolve the issue in dispute under the dispute resolution process pursuant to Section 14.1, the other Party may terminate this Agreement at any time by giving at least ninety (90) Days of written notice to the breaching Party.

14.3 Termination for no cause

Canada or Newfoundland and Labrador may terminate this Agreement for any reason, by giving one hundred and eighty (180) Days notice to the Designated Official identified in this Agreement (Section 18.2).

14.4 No payments after date of termination

As of the date of termination, if this Agreement is terminated by a Party under Sections 14.2 or 14.3, Canada shall have no obligation to make any further payments to Newfoundland and Labrador. Subject to the terms and conditions of this Agreement, in the event that funding is terminated under the program, Canada shall reimburse Newfoundland and Labrador’s Eligible Expenditures incurred up to the end date of that notice period. The funding obligations of Canada shall cease at the end of the notice period.

15. Reduction/termination of this agreement

15.1 The Parties acknowledge that any payment to be 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. Newfoundland and Labrador acknowledges that funding under this Agreement may be reduced or terminated at Canada’s discretion in response to the government’s annual budget, a parliamentary or governmental spending decision, or a restructuring or reordering of the federal mandate and responsibilities that impact on the program under which this Agreement is made.

15.2 In the event of a reduction or termination of the funding of the program, Canada may, upon giving Newfoundland and Labrador 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, Canada shall reimburse Newfoundland and Labrador for any Eligible Expenditures incurred up to the end date of that notice period. The funding obligations of Canada shall cease at the end of the notice period. If Canada reduces its contribution under this Agreement, Canada and Newfoundland and Labrador agree to review the effects of such reduction on the overall implementation of the actions and on this Agreement.

16. Equity of treatment

16.1 During the term of this Agreement, any material changes to any of its Sections or Schedules, under any bilateral transfer payment agreement on the NAP to End GBV which have been negotiated, either under the original agreement or through amendments, addendums or otherwise, between Canada and any other province or territory of Canada, except the province of Québec, and which are more favourable than what was negotiated with Newfoundland and Labrador will, upon request, be extended to Newfoundland and Labrador. 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. General provisions

17.1 No current or former federal public servant or federal public office holder who is not in compliance with the provisions of the Conflict of Interest Act, S.C. 2006, c.9, with the Values and Ethics Code for the Public Sector and the Policy on Conflict of Interest and Post-Employment, members of the House of Commons or Senator who is not in compliance with the Conflict of Interest Code for Members of the House of Commons or the Conflict of Interest Code for Senators, or anyone else bound by other values and ethics codes applicable to government or specific recipients, shall derive a direct benefit from this Agreement, unless the provision or receipt of the benefit is in compliance with the legislation or codes.

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

17.3 This Agreement shall be interpreted in accordance with the laws in force in Newfoundland and Labrador.

17.4 In the spirit of transparency and open government, Canada and Newfoundland and Labrador shall make the entire Agreement, including any amendments, public by posting it on the Government of Canada’s and the Government of Newfoundland and Labrador’s website with the mention that the English version of this Agreement is the official version.

17.5 If, for any reason, a provision of this Agreement that does not constitute a fundamental condition thereof is deemed to be void or unenforceable, in whole or in part, that provision shall be considered severable and shall be struck from this Agreement; however, all other terms and conditions thereof shall continue to be valid and enforceable.

17.6 Information gathered by the Parties in carrying out this Agreement is subject to the applicable federal and provincial legislation regarding access to information and privacy. If the Parties share confidential information while carrying out this Agreement, the receiving Party will make best efforts to ensure the information is treated as confidential by that Party, during and after the period of this Agreement.

17.7 Both Parties acknowledge that the other Party may publish any reports, audits, evaluations, or other documents produced in connection with this Agreement and any information contained in them that can be made public. Both Parties shall ensure that any public disclosure respects all requirements to protect personal information and third-party information.

18. Notice

18.1 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. Either Canada or Newfoundland and Labrador may change the address and other information set out below, provided that a written change of address notice is issued to the other Party.

18.2 Notices or communications addressed to Canada shall be sent to the Designated Official at the following address:

Department for Women and Gender Equality

Notices or communications addressed to Newfoundland and Labrador shall be sent to the Designated Official at the following address:

Office of Women and Gender Equality

19. 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 Canada                 
at Ottawa
this 29 day of August 2023.

The Honourable Marci Ien
Minister for Women and Gender Equality

 

Signed on behalf of Newfoundland and Labrador
at St. John's
this 15 day of August 2023.

The Honourable Pam Parsons
Minister responsible for Women and Gender Equality

 

Signed on behalf of Newfoundland and Labrador
at St. John's
this 21 day of August 2023.

The Honourable Andrew Furey
Minister for Intergovernmental Affairs

Annex A - National Action Plan to End Gender-Based Violence

Read the National Action Plan to End Gender-Based Violence.

Schedule B – Context* and year 1 actions (2023 – 2024)

*Please note that the Context has been provided by the Government of Newfoundland and Labrador and is not part of the Agreement.

Context

Newfoundland and Labrador has been facilitating a coordinated violence prevention approach since the early 1990s. The Province has implemented four violence prevention action plans, which operated as horizontal strategies connecting government and community partners. The most recent action plan – Working Together for Violence-Free Communities: An Action Plan for the Prevention of Violence in Newfoundland and Labrador 2015-2019 – contains 64 actions, 96 per cent of which have been completed, with the other four per cent ongoing.

The Government of Newfoundland and Labrador is taking significant steps to change our collective approach to end gender-based violence (GBV).  We must change attitudes, stigma, and discrimination, and how they perpetuate the normalization of GBV in order to make long-term, systemic change.

GBV is not solely an issue facing women and girls. GBV disproportionately affects women and girls, however, certain populations also experience high levels of violence or are underserved when experiencing this type of violence. Indigenous women and girls, Black and racialized women, women living in Northern, rural, and remote communities, non-status and temporary status migrants, immigrants and refugees, Two-Spirit, Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, plus (2SLGBTQQIA+) individuals, people with disabilities, children and youth, and seniors, experience disproportionately high rates of GBV.

GBV is rooted in gender inequality, and is further intensified by systemic inequalities, such as sexism, discrimination based on sexual orientation, gender identity and expression, colonialism, racism, ableism, ageism, classism, poverty, and a collective history of trauma.

GBV can have long-lasting negative health, social, and economic consequences, often leading to intergenerational cycles of violence and abuse. The Government of Newfoundland and Labrador sees the work outlined in the Implementation Plan firmly aligning with the work of Health Transformation and Well-Being as it relates to the social determinants of health.

It is vital that we work with men and boys to take preventative action to stop the perpetration of violence. Preventing and ending GBV means recognizing the root causes of violence and the trauma that perpetrators themselves may have experienced.

We are looking at issues as they relate to education, health, poverty and justice.  The issues around GBV are complex, and require more than ‘one and done’ or ‘band-aid’ solutions. Our government’s approach to the implementation of this work will be from a systems-based approach.  Our actions will be measured, timely, relevant, community and survivor informed, yet fluid and adaptable, in order to allow us to be responsive to the ever-changing needs of communities throughout the province.

The Province held virtual engagement sessions with over 70 stakeholders between March and May 2023, to gather current information regarding regional GBV prevention issues and needs in order to help inform our bilateral negotiations with Canada. Engagement will continue to guide and tailor future GBV prevention efforts by the Province.

Police reported  and self-reported data are the most reliable information we currently have available that assist in providing point in time snapshots of GBV in our province. Some snapshots are provided below:

Intimate partner violence (IPV)

According to most recent statistics, Newfoundland and Labrador was slightly above the Canadian average with regards to IPV (321 versus 313).

79 per cent of victims are female and 21 per cent are male - similar rates as the Canadian average.

Women living in Labrador

The rate of violence against young women and girls (aged 24 and under) in Labrador is 6,153 per 100,000 population. Comparatively, this rate is:

• 1.7 times higher than the Northern Canada average for young women and girls (3,643 per 100,000)
• 1.8 times higher than the average in northern portions of other provinces for young women and girls (3,391 per 100,000)
• 4.6 times higher than in Newfoundland (Island) for young women and girls (1,351 per 100,000)

In 2017, young women and girls in Labrador were:

• 1.7 times more likely to experience violent offences than young women and girls in Canada, on average (6,153 per 100,000 vs 3,643 per 100,000)
• 1.5 times more likely to experience sexual offences than young women and girls in Canada, on average (1,322 per 100,000 vs 868 per 100,000)
• 1.9 times more likely to experience physical assault offences than young women and girls in Canada, on average (4,307 per 100,000 vs 2,283 per 100,000)

Violence against 2SLGBTQQIA+ individuals

Although Newfoundland and Labrador accounted for one per cent of the IPV incidents reported in Canada from 2009-2017, incidents involving same-sex partners accounted for 5.1 per cent of the incidents reported in the province—the largest provincial proportion in the country.

Same-sex IPV made up 11.6 per cent of all IPV in the census metropolitan area of St. John’s, Newfoundland and Labrador followed by seven per cent in Trois-Rivières, Quebec and 6.7 per cent in Barrie, Ontario.

Government of Newfoundland and Labrador’s commitment to end GBV

The Government of Newfoundland and Labrador is committed to ongoing collaboration with community stakeholders and Indigenous Governments and Organizations to ensure culturally appropriate actions are taken to end GBV.

Through Budget 2023, the Government of Newfoundland and Labrador allocated over $3.2 million in core operational funding to anti-violence organizations and equity-seeking organizations and projects to support violence prevention.

On November 9, 2022, the Government of Newfoundland and Labrador joined the Federal Government and the other provinces and territories in endorsing the National Action Plan to End Gender-Based Violence (The NAP to End GBV). Based on the framework of the NAP to End GBV, the Government of Newfoundland and Labrador will further build on its violence prevention efforts and actions that are tailored to the needs of our province.

Partners in ending GBV

The implementation of the NAP to End GBV will be done in a way that responds to the priorities and needs of Newfoundland and Labrador. Our government acknowledges the vast and expansive work of the GBV sector and all the partnerships, contributions and means of collaboration needed to do this work effectively.

Our government is actively collaborating with Indigenous Governments and Organizations, and will continue to support actions that aim to prevent violence against Indigenous women, girls and 2SLGBTQQIA+ people.

Our government has strong partnerships through its Office of Women and Gender Equality with the Status of Women Councils, Violence Prevention Organizations, End Sexual Violence NL, Multicultural Women’s Organization of Newfoundland and Labrador, Newfoundland Aboriginal Women’s Network, THRIVE and its Coalition Against the Sexual Exploitation of Youth program, Quadrangle NL, and various other community based organizations doing critical work in the gender-based violence prevention sector.

The Government of Newfoundland and Labrador will continue to honour the work being done and the significance of these partnerships by furthering the engagement and capacity building needed to ensure a meaningful impact on moving the needle to end GBV in our province.

Newfoundland and Labrador’s implementation of the National Action Plan to End Gender-Based Violence

The Implementation Plan supports provincial initiatives on immigration, safe and caring schools, public safety and crime prevention, reconciliation, health transformation, and social well-being. It will see an increase in leadership, accountability, and oversight of the GBV sector, including increasing leadership capacity and developing comprehensive data collection that reflects the realities of GBV in our province.

The Implementation Plan will increase the regional capacity of our provincial GBV sector, including a focus on outreach to marginalized and high-risk populations such as youth, seniors, newcomers, 2SLGBTQQIA+, and persons with disabilities.

It will also support the development of a collaborative approach to violence prevention involving government and community partnerships that explores the expansions of support and resources for perpetrators and individuals who use violence, and works to prevent the escalation of violent action towards criminal acts of violence. In partnership with the Department of Justice and Public Safety, and our community partners, a targeted approach for men and boys will be developed.

On November 30, 2022, the Government of Newfoundland and Labrador announced it would establish a Provincial Indigenous Women’s Reconciliation Council. The Council is composed of 11 members, including five Provincial Government representatives and six Indigenous women representatives. There are three Co-Chairs: one appointed to represent government, and two Elders appointed by the Provincial Indigenous Women’s Steering Committee.

The formation of the Reconciliation Council was proposed to the Provincial Government in the report ‘Hear Our Voices: MMIWG Policy Recommendations of the First Women of Newfoundland and Labrador;’ created by the Provincial Indigenous Women’s Steering Committee, and presented to government in July 2022. The report contains 196 recommendations to address and prevent systemic violence against Indigenous women, girls and 2SLGBTQQIA+ people in Newfoundland and Labrador.

The Reconciliation Council is a mechanism through which to establish a collaborative ongoing working relationship between Indigenous women and the Provincial Government. The overall goal of the Reconciliation Council is to coordinate and lead meaningful action on implementation of the 196 recommendations in the areas of Indigenous culture, health and wellness, justice and human security, leading to lasting changes in legislation, regulations, government directives, policies and procedures.

The Provincial Government remains committed to work collaboratively, and in partnership with Indigenous Governments and Organizations to prevent violence against Indigenous Women, girls and 2SLGBTQQIA+ people.

Year 1 actions tables (2023-2024)

Schedule C – Canada-Newfoundland and Labrador cost-sharing budget

1. Maximum amount of transfer payment

• Disbursements of the transfer payment to Newfoundland and Labrador will not exceed the amount(s) below, as per the payment breakdown and eligible expenses that will be incurred by Newfoundland and Labrador within the fiscal year in which they are allocated.

Table 9: Maximum amount of transfer payment

Fiscal Year	2023-24	2024-25	2025-26	2026-27	Total
Newfoundland and Labrador Allocation	$2,602,000	$3,652,000	$3,652,000	$3,652,000	$13,558,000

• Canada’s fiscal year starts on April 1 and ends on March 31 of the following calendar year. For each individual fiscal year, only the actions conducted by Newfoundland and Labrador between April 1 and March 31 of the following calendar year are eligible for the funding allocated for the applicable fiscal year.

2. Cost-sharing

• For the three Priorities outlined in Section 2.10 of the Agreement, a higher federal cost share for these areas could be provided, within an overall 50-50 cost share ratio for the full value of the Agreement. This would have to be met with a higher Newfoundland and Labrador investment in another non-priority area.
• A 50-50 cost share is encouraged on an annual basis. Should Newfoundland and Labrador wish to spread out the cost-sharing across the length of the Agreement in another method (within an overall 50-50 cost share ratio for the full value of the Agreement), this requires consensus from both Parties and Newfoundland and Labrador must inform Canada.

3. Stacking limit

If, between the date of Newfoundland and Labrador receiving funding and the Agreement end date, Newfoundland and Labrador receives any financial assistance in support of the NAP to end GBV from any federal government department, agency or commission, that is in addition to the financial assistance disclosed in the application, the Newfoundland and Labrador shall:

• inform Canada promptly in writing of the additional assistance received;
• where Newfoundland and Labrador receives any additional financial assistance, agree that Canada may, at its discretion, reduce the amount of its funding by the amount of any additional assistance to be received; and
• where Canada’s funding has already been paid, Canada may, at its discretion require Newfoundland and Labrador to repay an amount equal to the amount of such assistance to Canada.

4. Tax credit

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

5. Overpayment

• Where, for any reason, Newfoundland and Labrador is not entitled to the transfer payment or Canada determines that the amount of the transfer payment disbursed exceeds the amount to which Newfoundland and Labrador is entitled, any such amount is recoverable by Canada. When Newfoundland and Labrador’s final report is completed and an overpayment is identified, Newfoundland and Labrador shall forward a reimbursement payment to Canada for the amount of the overpayment, payable to the Receiver General for Canada. The due date for the reimbursement shall be the date of the submission of the final report to Canada.
• When Canada or its representatives perform a financial analysis and an overpayment is identified, the overpayment shall be repaid to Canada no later than 90 days after the date of the notice sent by Canada.

6. Late claims

• Canada will not be obligated to reimburse incurred expenditures or other costs after the end date of the Agreement as indicated in Section 3.1 of the Agreement.

Annex D - National Action Plan to End Gender-Based Violence expected results framework

Read the expected results framework.