Canada – Alberta Integrated Bilateral Agreement Investing In Canada Infrastructure Program - Amending Agreement No. 4

This Amending Agreement No. 4 is made as of the date of last signature

BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Infrastructure and Communities (“Canada”)

AND: HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA, as represented by the Minister of Infrastructure(“Alberta”)

individually referred to as a “Party” and collectively referred to as the “Parties”.

WHEREAS the Minister of Infrastructure and Communities is responsible for the Program entitled the Investing in Canada Infrastructure Program (“ICIP”);

WHEREAS the Parties entered into an Agreement dated April 3, 2018, setting out the terms and conditions for Canada’s contribution under the Canada-Alberta Integrated Bilateral Agreement for the ICIP (“the Agreement”);

WHEREAS the Parties amended the Agreement (“Amending Agreement No. 1”) on January 8, 2019;

WHEREAS the Parties amended the Agreement (“Amending Agreement No. 2”) on October 28, 2020;

WHEREAS the Parties amended the Agreement (“Amending Agreement No. 3”) on January 21, 2021;

WHEREAS the Parties wish to amend the Agreement to reflect changes made to the ICIP (“Amending Agreement No. 4”), including the addition of a fifth project category to the COVID-19 resilience infrastructure stream to support ventilation improvements in publicly-owned buildings as well as transfer funds from the Rural and Northern Communities Infrastructure stream to the COVID-19 Resilience Infrastructure stream;

NOW THEREFORE, in accordance with the mutual covenants and agreements herein, the Parties agree as follows:

1. Amendments to the Agreement

  • 1.1.Paragraph a) of Section 3 (Commitments by Canada) is deleted and replaced by:
    1. Canada agrees to provide contribution funding to Alberta for each of the Program’s contribution streams in an amount outlined in Schedule A.1 (Contribution Funding) and to be paid in accordance with Schedules A.2, A.3, A.4 A.5, A.6 and A.7, as applicable. The total amount of contribution funding provided to Alberta by Canada under all streams taken together of this Agreement will be up to three billion six hundred fifty-eight million two hundred and fifty-four thousand thirty-four dollars ($3,658,254,034).
  • 1.2. Section 4 (Commitments by Alberta) is deleted and replaced by:
  • 4. Comments by Alberta
    1. Alberta will be responsible for the complete and timely implementation of this Agreement, within the funding limits and deadlines and in accordance with the terms and conditions specified in this Agreement.
    2. Unless Alberta is the Ultimate Recipient, Alberta will enter into an Ultimate Recipient Agreement with each Ultimate Recipient and ensure that Ultimate Recipient Agreements are consistent with, but are no less favourable to Canada than the relevant provisions of this Agreement. Where Alberta is an Ultimate Recipient, Alberta will be subject to all terms and conditions set out in this Agreement.
    3. For Projects funded under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, and the rural and northern communities infrastructure stream, Alberta will ensure that all Projects are Substantially Completed by October 31, 2027. For Projects funded under the COVID-19 resilience infrastructure stream, Alberta will ensure that all Projects are Substantially Completed by December 31, 2023, or by December 31, 2024 if the Project is in a Remote Community, except for projects funded under category 5 of the COVID-19 resilience infrastructure stream, as set out in Schedule A.7 b) (Eligible Projects), for which Alberta will ensure that all Projects are Substantially Completed by March 31, 2023.
    4. Alberta acknowledges that Canada will not be financially responsible for any ineligible expenditures or cost overruns for a Project.
    5. When Alberta is an Ultimate Recipient, Alberta will be responsible for any costs associated with a withdrawn or cancelled Project, and will repay to Canada any and all disallowed costs, surpluses, unexpended contributions, and overpayments made under and according to the terms and conditions of this Agreement. For cancelled Projects where Alberta has or will enter into an Ultimate Recipient Agreement, Alberta will require Ultimate Recipients to repay to Alberta any and all disallowed costs, surpluses, unexpended contributions, and overpayments made under and according to the terms and conditions of this Agreement. Alberta will repay this amount to Canada.
    6. Alberta will submit to Canada, no later than April 20 each Fiscal Year, the total amount of Eligible Expenditures Incurred by Ultimate Recipients on Projects in the previous Fiscal Year.
    7. Alberta will inform Canada forthwith of any fact or event, of which Alberta becomes aware, that will compromise wholly, or in part, a Project.
    8. Alberta will ensure that the following climate lens assessments are completed to the satisfaction of both Parties and submitted to Canada prior to Canada’s approval of a Project, unless otherwise required by Canada:
      1. A greenhouse gas emissions assessment that includes a cost-per-tonne calculation as required by Canada:
        1. for all projects that seek funding under the climate change mitigation sub-stream in Section A.4 (Green Infrastructure) of Schedule A; and
        2. for all other projects with total estimated Eligible Expenditures of ten million dollars ($10,000,000) or more. Canada may, at its discretion, waive this requirement for a Project if Alberta provides an acceptable rationale to the satisfaction of both Parties.
      2. A climate change resilience assessment
        1. for all projects that seek funding under the adaptation, resilience, and disaster mitigation sub-stream in Section A.4 (Green Infrastructure) of Schedule A; and
        2. for all other projects with total estimated Eligible Expenditures of ten million dollars ($10,000,000) or more. Canada may, at its discretion, waive this requirement for a Project if Alberta provides an acceptable rationale to the satisfaction of both Parties.
    9. Alberta will ensure that all Projects with total estimated Eligible Expenditures of twenty-five million dollars ($25,000,000) or more, will report on community employment benefits provided to at least three (3) of the federal target groups (apprentices, Indigenous peoples, women, persons with disabilities, veterans, youth, new Canadians, or small- medium-sized enterprises and social enterprises). Canada may, at its discretion, waive this requirement for a Project if Alberta provides an acceptable rationale to the satisfaction of both Parties, which will be made public by Canada.
    10. Unless otherwise agreed to by both Parties, for each stream except the COVID-19 - resilience infrastructure stream, Alberta agrees to provide a total funding contribution that is no less than 33.33% of total eligible expenditures of the sum of projects funded where the Ultimate Recipient is a municipal government as described in Paragraph ii. A) of section a.2 a) (Ultimate Recipients).
    11. Alberta will allocate a minimum of twenty-one million five hundred thirty-seven thousand seven hundred eighty-two dollars ($21,537,782) from the community, culture and recreation infrastructure contribution funding allocation under section A.1 a) iii. of Schedule A.1 (Contribution Funding) or the COVID-19 resilience infrastructure contribution funding allocation under section A.1 a) v. of Schedule A.1 (Contribution Funding) to Projects for the benefit of Indigenous peoples not living on reserve.
    12. Over the term of this Agreement, Alberta will ensure that contribution funding received under this Agreement, except for contribution funding received under the COVID-19 resilience infrastructure stream under section A.1 a) v. of Schedule A.1 (Contribution Funding), does not displace Alberta infrastructure spending on each of the asset classes funded through the Program. Canada recognizes that provincial funding levels for capital infrastructure may change from year to year. Alberta retains the right to set provincial spending priorities and funding levels on an annual basis. Furthermore, the allocation of funds from existing funding envelopes to projects will not constitute the displacement of funds.
    13. Further to the Ultimate Recipient Agreement, Alberta will obtain a covenant from any Ultimate Recipient that contribution funding received under this Agreement does not displace municipal spending on public transit.
    14. Alberta will ensure that projects submitted for Canada’s approval represent, to the satisfaction of both Parties, a balance of municipal and provincial projects.
    15. Alberta will consider projects benefitting Indigenous peoples for contribution funding under this Agreement.
    16. Alberta will submit for Canada’s review and approval all projects to be considered for contribution funding under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, and the rural and northern communities infrastructure stream by March 31, 2025.
    17. Alberta may allocate a maximum of thirty-six million five hundred eighty-three thousand five hundred forty dollars ($36,583,540) from its total contribution funding under this Agreement to planning Projects funded under the public transit stream, the green infrastructure stream, the community, culture and recreation stream, the rural and northern communities infrastructure stream, and category 5 of the COVID-19 resilience infrastructure stream, in accordance with paragraph ii) of section A.2 b) (Eligible Projects) and sections A.3 c), A.4 c), A.5 b), A.6 b) and A.7 b) of Schedule A (Program Details).
    18. Alberta may allocate a maximum of thirty four million three hundred and eighty-five thousand five hundred and twenty nine dollars ($34,385,529) from the green infrastructure stream contribution funding allocation under section A.1 a) ii. of Schedule A.1 (Contribution Funding) to land acquisition expenditures, in accordance with paragraph v) of section A.2 c) (Eligible Expenditures). 
    19. Alberta will ensure that any Asset that is land purchased or acquired, in whole or in part, with contribution funding provided by Canada under the terms and conditions of this Agreement will be used as Natural Infrastructure for the Asset Disposal Period.
    20. Alberta acknowledges that for any Project with a federally required Construction Start date of September 30, 2023, as set out in A.3 f) ii., A.4 f) i. b), A.4 f) ii. e), A.6 e) i. c), if Construction Start for the Project does not occur by September 30, 2023 Canada will cancel the Project under this Agreement and return Canada’s approved contribution funding for the Project to the stream under which the Project was originally funded.
    21. Alberta will allocate a minimum of eleven million ninety-six thousand nine hundred and ninety-five dollars ($11,096,995) from the COVID-19 resilience infrastructure contribution funding allocation under section A.1 a) v. of Schedule A.1 (Contribution Funding) to Projects in category 5 of the COVID-19 resilience infrastructure stream, as set out in Schedule A.7 b) (Eligible Projects).
  • 1.3. Section 7 (Oversight Committee) is deleted and replaced by:
  • 7. Oversight Committee
    1. Within sixty (60) business days of the date of last signature of this Agreement, the Parties will establish one or more Oversight Committee(s) co-chaired by representatives of Canada and Alberta. Membership will be agreed to by the Parties. The Oversight Committee(s), which will meet annually at a minimum, will:
      1. monitor compliance of the implementation of this Agreement with the terms and conditions of this Agreement;
      2. act as a forum to resolve potential issues and address concerns;
      3. review and, as necessary, recommend to the Parties amendments to the Agreement;
      4. monitor the implementation of Schedule B (Communications Protocol);
      5. approve and ensure audit plans are carried out as per this Agreement, including but not limited to section 18 (Audit);
      6. monitor the implementation of the Alberta infrastructure plan described in section 8 (Alberta Investing in Canada Infrastructure Program Infrastructure Plan) and progress towards achieving the targets outlined in paragraph q) of section 4 (Commitments by Alberta);
      7. monitor Project risk and mitigation measures; and
      8. attend to any other function required by this Agreement or as mutually directed by the Parties.
    2. Alberta will communicate to Ultimate Recipients any deficiencies and/or corrective actions identified by Canada or by the Oversight Committee.
  • 1.4. Section 14 (Reporting) is deleted and replaced by:
  • 14. Reporting
    1. Unless otherwise agreed to by both parties, Alberta will submit to Canada, no later than May 31 and November 30 each Fiscal Year, a Project progress report to the satisfaction of both Parties that includes all Projects except:
      1. Projects where an Ultimate Recipient is a community with a population of less than five thousand (5,000) people, which will be included in the Project progress report submitted to Canada, no later than November 30 each Fiscal Year.
    2. Each Project progress report will include an attestation in a format to the satisfaction of both Parties, from a delegated official, that the information in the report is accurate:
      1. Canada’s contribution funding to the Project by Fiscal Year;
      2. Construction start and end dates (forecasted/actual);
      3. Progress tracker (e.g. percent of Project completed);
      4. Risks and mitigation strategies, as required;
      5. Confirmation that the Project is on track to achieve expected results, or if Substantially Completed, confirmation of actual results; and
      6. Confirmation of installed Project signage, if applicable.
    3. For all Projects funded under the COVID-19 resilience infrastructure stream, each Project progress report will include an attestation in a format acceptable to Canada from a delegated official that the information in the report is accurate and, in instances where the progress report includes a claim in accordance with section 15 (Claims and Payments), that Eligible Expenditures have been Incurred in accordance with this Agreement.
      1. Each Project progress report will include the following information for each Project:
        1. Estimated total Eligible Expenditures
        2. Total Eligible Expenditures to date
        3. Progress tracker (e.g. percent completed)
        4. Construction Start and end dates (forecasted/actual)
        5. Confirmation of installed Project signage, if applicable
    4. Alberta will report annually, no later than November 30, through the Project progress report, or through existing provincial reporting frameworks, on expected and actual results related to community employment benefits for applicable Projects.
    5. For all Projects funded under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, and the rural and northern communities infrastructure stream, Alberta will complete all reporting requirements as defined under paragraphs a), b) and d) in this section, to the satisfaction of both Parties, no later than December 31, 2027. For Projects funded under the COVID-19 resilience infrastructure stream, Alberta will complete all reporting requirements as defined under paragraphs a) and c) in this section, to the satisfaction of both Parties, no later than July 31, 2024, or July 31, 2025 for Projects in Remote Communities.
  • 1.5. Section 15.1 (Claims and Payments) is deleted and replaced by:
    1. For Projects funded under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, and the rural and northern communities infrastructure stream, Alberta will submit a claim to Canada covering Eligible Expenditures on a semi-annual basis at a minimum, with a mutually-agreed upon format to the satisfaction of both Parties. Each claim will include an attestation in a format acceptable to both Parties from an authorized official, that Eligible Expenditures have been Incurred in accordance with this Agreement and Alberta is in compliance with progress reporting requirements as described in section 14 (Reporting).
    2. For Projects funded under the COVID-19 resilience infrastructure stream, Alberta will submit a claim to Canada covering Eligible Expenditures on a semi-annual basis at a minimum, to the satisfaction of both Parties. Each claim will include an attestation in a format acceptable to Canada from a delegated official, that Eligible Expenditures have been Incurred in accordance with this Agreement and Alberta is in compliance with progress reporting requirements as described in section 14 (Reporting). For Projects funded under the COVID-19 resilience infrastructure stream, Alberta may choose to submit a claim to Canada as part of the Project progress report, as set out in section 14 (Reporting).
    3. For Projects funded under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, and the rural and northern communities infrastructure stream, Alberta will submit a final claim to Canada covering Eligible Expenditures no later than December 31, 2027 to Canada’s satisfaction. For all Projects funded under the COVID-19 resilience infrastructure stream, Alberta will submit a final claim to Canada covering Eligible Expenditures no later than July 31, 2024, or July 31, 2025 for Projects in Remote Communities.
    4. For Projects funded under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, and the rural and northern communities infrastructure stream, Canada will make a payment to Alberta promptly upon review and acceptance of a claim, subject to the terms and conditions of this Agreement.
    5. For Projects funded under the COVID-19 resilience infrastructure stream, Canada will make a payment to Alberta, subject to the terms and conditions of this Agreement, promptly upon review and acceptance of a claim or of a progress report where Alberta chooses to submit a claim as part of the progress report, as set out in section 14 (Reporting).
  • 1.6. Paragraph b) of Section 15.3 (Payment Deadline) is deleted and replaced by:
    1. For all Projects funded under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, and the rural and northern communities infrastructure stream, Canada will make the final payment no later than March 31, 2028. For all Projects funded under the COVID-19 resilience infrastructure stream, Canada will make the final payment no later than October 31, 2024, or October 31, 2025 for Projects in Remote Communities.
  • 1.7. Section 25.5 (Counterpart Signature) is deleted and replaced by:
  • 25.5 Counterpart Signature
    This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original agreement. Any facsimile or electronic transmitted copies hereof bearing a manual, facsimile or other electronic signature shall, for all purposes, be deemed originals and will be binding on the Parties hereto. For greater clarity, the electronic signature shall be reputed to constitute, much like wet ink, the best evidence available of consent of the Parties to the terms of this Agreement. For the purposes of this agreement, “electronic signature” means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic version of this Agreement
  • 1.8. Schedule A.1 (Contribution Funding) is deleted and replaced by:
  • A.1 Contribution Funding
    1. Contribution by Canada
      In accordance with section 3 (Commitments by Canada), Canada agrees to provide contribution funding to Alberta for Projects under each of the Program streams as follows:
      1. under the public transit stream, not to exceed one billion, nine hundred eighty-four million eighty thousand seven hundred seventy-seven dollars ($1,984,080,777), to be paid in accordance with Schedules A.2 (General Program Requirements) and A.3 (Public Transit)
      2. under the green infrastructure stream, not to exceed one billion one hundred seventy million six hundred ten thousand one hundred sixty-two dollars ($1,170,610,162), to be paid in accordance with Schedules A.2 (General Program Requirements) and A.4 (Green Infrastructure)
      3. under the community, culture and recreation infrastructure stream, not to exceed one hundred forty million two hundred seventy-six thousand five hundred twenty-eight dollars ($140,276,528), to be paid in accordance with A.2 (General Program Requirements) and A.5 (Community, Culture and Recreation Infrastructure)
      4. under the rural and northern communities infrastructure stream, not to exceed one hundred twenty-four million five hundred forty-two thousand seven hundred fourteen dollars ($124,542,714) to be paid in accordance with Schedules A.2 (General Program Requirements) and A.6 (Rural and Northern Communities Infrastructure)
      5. under the COVID-19 resilience infrastructure stream, not to exceed up to two hundred thirty-eight million seven hundred forty-three thousand eight hundred fifty-three ($238,743,853), to be paid in accordance with A.2 (General Program Requirements) and A.7 (COVID-19 Resilience Infrastructure), which includes a minimum of eleven million ninety-six thousand nine hundred and ninety-five dollars ($11,096,995) to be allocated to Projects approved under category 5 of the COVID-19 resilience infrastructure stream
    2. Fiscal Year Breakdown
      Canada’s total contribution funding under each stream will be allocated in accordance with that stream’s estimated maximum amount as set out in the All Streams Estimated Fiscal Year Breakdown Table, as updated through administrative processes:
All Streams Estimated Fiscal Year Breakdown Table
  Public Transit – Canada Green Infrastructure – Canada Community, Culture and Recreation
Infrastructure – Canada
Rural and Northern Communities Infrastructure – Canada COVID-19 Resilience Infrastructure – Canada
2018-2019  $0 $0 $6,429,488 $0  
2019-2020 $506,708 $302,201 $1,682,399 $38,586  
2020-2021 $20,000,000 $2,909,301 $8,383,989 $3,699,595 $0
2021-2022 $476,299,000 $65,490,000 $69,442,716 $60,886,256 $184,534,255
2022-2023 $518,686,000 $23,890,000 $40,676,323 $44,641,716 $50,091,669
2023-2024 $442,764,000 $77,345,000 $13,537,298 $14,405,376 $4,117,929
2024-2025 $170,158,651 $346,687,545 $36,393 $771,331  $0
2025-2026 $170,067,302 $303,519,097 $32,430 $36,830  $0
2026-2027 $150,250,000 $214,120,018 $27,747 $31,512  
2027-2028 $35,349,116 $136,347,000 $27,745 $31,512  
TOTAL $1,984,080,777 $1,170,610,162 $140,276,528 $124,542,714 $238,743,853
  • 1.9. Paragraph b) ii. of Schedule A.2 (General Program Requirements) is deleted and replaced by:
    1. Planning projects can be considered eligible Projects if they support the eventual construction of an infrastructure project that aligns with at least one of the outcomes listed in the outcomes tables in sections A.3 c), A.4 c), A.5 b), and A.6 b), of this Schedule or comply with category 5 of the COVID-19 resilience infrastructure stream, as set out in section A.7 b) of this Schedule.
  • 1.10. Paragraph c) iv. of Schedule A.2 (General Program Requirements) is deleted and replaced by:
    1. Costs will only be eligible as of Project approval, except for the following costs which are eligible if Incurred before a Project is approved by Canada for contribution funding under this Agreement, but can only be paid if and when that Project is approved by Canada:
      1. Costs associated with completing climate lens assessments as outlined in paragraph h) of section 4 (Commitments by Alberta);
      2. Costs associated with Aboriginal consultation and engagement activities, which are retroactively eligible from February 15, 2018 for Projects approved after February 7, 2019; and
      3. Costs associated with Projects funded under category 5 of the COVID-19 resilience infrastructure stream, as set out in Schedule A.7 b) (Eligible Projects), which are retroactively eligible to December 1, 2020 for Projects approved by March 31, 2022.
  • 1.11. Paragraph e) i. of Schedule A.2 (General Program Requirements) is deleted and replaced by:
    1. Costs Incurred before a Project is approved by Canada and any and all expenditures related to contracts signed prior to Canada’s approval of a Project, except for:
      1. Costs associated with completing climate lens assessments as outlined in paragraph h) of section 4 (Commitments by Alberta);
      2. Costs associated with Aboriginal consultation and engagement activities, which are retroactively eligible from February 15, 2018 for Projects approved after February 7, 2019; and
      3. Costs associated with Projects funded under category 5 of the COVID-19 resilience infrastructure stream, as set out in Schedule A.7 b) (Eligible Projects), which are retroactively eligible to December 1, 2020 for Projects approved by March 31, 2022.
  • 1.12. Paragraph e) xii. of Schedule A.2 (General Program Requirements) is deleted and replaced by:
    1. Costs associated with operating expenses and regularly scheduled maintenance work, with the exception of:
      1. essential capital equipment purchased at the onset of the construction/acquisition of the main Asset and approved by Canada; or
      2. operating and maintenance expenses associated with Projects funded under category 5 of the COVID-19 resilience infrastructure stream, as set out in Schedule A.7 b) (Eligible Projects).
  • 1.13. Paragraph e) xiii. of Schedule A.2 (General Program Requirements) is deleted and replaced by:
    1. Costs related to furnishing and non-fixed assets which are not essential for the operation of the Asset/Project, with the exception of temporary infrastructure and non-fixed assets funded under the COVID-19 resilience infrastructure stream, as approved by Canada;
  • 1.14. Paragraphs d) ii. and d) iii. of Schedule A.3 (Public Transit) is deleted and replaced by:
    1. involves inter-community bus, rail, port and ferry infrastructure that is not part of a public transit system, unless Construction Start for the project can occur by September 30, 2023; or
    2. is a stand-alone pathway or active transportation project, unless Construction Start for the project can occur by September 30, 2023.
  • 1.15. Paragraph f) ii. of Schedule A.3 (Public Transit) is deleted and replaced by:
    1. Construction Start must occur by September 30, 2023 for any Project that is a stand-alone pathway or active transportation Project, or an inter-community bus, rail, port and ferry infrastructure Project that is not part of a public transit system.
  • 1.16. Paragraph d) i. b) of Schedule A.4 (Green Infrastructure) is deleted and replaced by:
    1. involves inter-city bus, rail, port and ferry infrastructure that is not part of a public transit system, unless Construction Start for the project can occur by September 30, 2023;
  • 1.17. Paragraph d) iii. of Schedule A.4 (Green Infrastructure) is deleted and replaced by:
    1. When a project aligns with an environmental quality outcome in the Green Infrastructure Outcomes Table, it is not eligible for contribution funding under this Agreement if it is a pathway or active transportation project, unless Construction Start for the project can occur by September 30, 2023.
  • 1.18. Paragraph f) i. b) of Schedule A.4 (Green Infrastructure) is deleted and replaced by:
    1. Construction Start must occur by September 30, 2023 for any Project that is an inter-community bus, rail, port and ferry infrastructure Project that is not part of a public transit system.
  • 1.19. Paragraphs f) ii. d) and f) ii. e) of Schedule A.4 (Green Infrastructure) are deleted and replaced by:
    1. Projects that remediate soil pollutants must be undertaken on properties that are contaminated, as confirmed by a Phase II Environmental Site Assessment.
    2. Construction Start must occur by September 30, 2023 for any Project that is a pathway or active transportation Project.
  • 1.20. Paragraphs c) i. c) and c) i. d) of Schedule A.5 (Community, Culture and Recreation Infrastructure) are deleted and replaced by:
    1. is a religious site that serves as a place of assembly for religious purposes, which includes among others, a site, church, mosque, synagogue, temple, chapel (e.g., within a convent or seminary), shrine or meeting house;
    2. is a sports facility that serves as a home facility for a professional or semi-professional sport team, such as those that serve major junior hockey leagues; or
  • 1.21. Paragraphs c) i. c) and c) i. d) of Schedule A.5 (Community, Culture and Recreation Infrastructure) are deleted and replaced by:
    1. is a health facility or an education facility, unless it benefits Indigenous people by advancing the Truth and Reconciliation Commission’s Calls to Action as approved by Canada.
  • 1.22. Paragraph c) vi. of Schedule A.6 (Rural and Northern Communities Infrastructure) is deleted and replaced by:
    1. is a mobile wireless project, unless Construction Start for the project can occur by September 30, 2023.
  • 1.23. Paragraph e) i. c) of Schedule A.6 (Rural and Northern Communities Infrastructure) is deleted and replaced by:
    1. Construction Start must occur by September 30, 2023 for any Project that is a mobile wireless Project.
  • 1.24. Paragraph b) of Schedule A.7 (COVID-19 Resilience Infrastructure) is deleted and replaced by:
    1. Eligible Projects
      Projects eligible for COVID-19 resilience infrastructure stream contribution funding under this Agreement must comply with a project category and sub-category in the COVID-19 Resilience Infrastructure Project Categories and Sub-Categories Table, as determined by Canada.
COVID-19 Resilience Infrastructure Project Categories and Sub-Categories Table
Project Categories Project Sub-Categories

1. Retrofits,repairs and upgrades

  • Municipal (local government) and provincial/territorial/Indigenous buildings
  • Health infrastructure
  • Educational Infrastructure

2. COVID-19 Resilience Infrastructure

  • Any public infrastructure asset* where the purpose of the project is to build, modify and/or reconfigure the asset to respond to the COVID-19 pandemic. This includes temporary infrastructure.

3. Active transportation infrastructure

  • Active transportation infrastructure, including parks, trails, foot bridges, bike lanes and multi-use paths

4. Disaster mitigation and adaptation infrastructure

  • Any public infrastructure asset, including Natural Infrastructure, where the purpose of the project is to build, modify and, or reinforce to prevent, mitigate or protect against the impacts of climate change, disasters triggered by natural hazards, and extreme weather events.
  • Any public infrastructure asset*, including Natural Infrastructure, where the purpose of the project is to build, modify and, or reinforce to prevent, mitigate or protect against floods and fires.
  • Assets associated with afforestation and reforestation

5. Projects in publicly-owned buildings whose primary purpose is to increase outdoor air intake and/or increase air cleaning

  • Any publicly-owned infrastructure asset that serves populations that are more susceptible to poor outcomes if they contract COVID-19
  • Any publicly-owned infrastructure asset with high occupancies
  • Any publicly-owned infrastructure where activities take place that are at higher risk of infectious aerosol particle generation and COVID-19 transmission
  • Any publicly-owned infrastructure asset that remains open through lockdown, or is the last to close when restrictions are increased, in order to provide services
  • Any publicly-owned infrastructure asset that has been identified by public health authorities as higher risk for outbreaks based on local conditions

*For the purpose of this project category, public infrastructure asset includes not-for-profitand for-profit infrastructure projects where the project is for public use and/or benefit.

  • 1.25. Paragraph c) of Schedule A.7 (COVID-19 Resilience Infrastructure) is deleted and replaced by:
    1. Ineligible Projects
      When a project complies with a project category and sub-category in the COVID-19 Resilience Infrastructure Project Categories and Sub-Categories Table, it is not eligible for contribution funding under this Agreement if it:
      1. is tourism infrastructure;
      2. is a facility that serves as a home to a professional sports team;
      3. is a planning project, unless the project is funded under category 5; or
      4. is a project funded under category 5 that has a private sector for-profit Ultimate Recipient or a not-for-profit Ultimate Recipient
  • 1.26. Paragraph e) of Schedule A.7 (COVID-19 Resilience Infrastructure) is deleted and replaced by:
    1. Federal Requirements
      Each Project that complies with a project category and sub-category in the COVID-19 Resilience Infrastructure Project Categories and Sub-Categories Table must meet the following requirements:
      1. A COVID-19 resilience infrastructure stream Project must not exceed ten million dollars ($10,000,000) in total estimated Eligible Expenditures.
      2. Construction Start for a COVID-19 resilience infrastructure stream Project must occur by September 30, 2023, except for Projects funded under category 5 which do not have a Construction Start date.
      3. A COVID-19 resilience infrastructure stream Project must be Substantially Completed by December 31, 2023, or by December 31, 2024, if the Project is in a Remote Community, except for Projects funded under category 5 which must be Substantially Completed by March 31, 2023.
      4. Projects funded under category 5 must be owned by a public-sector body.

2. Effect of Amendments

  • 2.1 All capitalized terms not otherwise defined herein have the meaning ascribed to them in the Agreement.
  • 2.2 Except for the amendments provided for in this Amending Agreement No. 4, the obligations, covenants, and terms and conditions set forth in the Agreement will continue to remain in full force and effect.
  • 2.3 This Amending Agreement No. 4 may be signed in counterpart, and the signed copies will, when attached, constitute the original Amending Agreement No. 4 and will form part of the Agreement.
  • 2.4 This Amending Agreement No. 4 shall be effective as of the date this agreement is signed by the last Party.

3. Signatures

This Amending Agreement No. 4 has been executed on behalf of Her Majesty the Queen in right of Canada by the Minister of Infrastructure and Communities and on behalf of Her Majesty the Queen in right of the Province of Alberta by the Minister of Infrastructure.

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

HER MAJESTY THE QUEEN IN

RIGHT OF THE PROVINCE OF ALBERTA

The Honourable Catherine McKenna
Minister of Infrastructure and Communities

The Honourable Prasad Panda
Minister of Infrastructure

Date

Date

Pursuant to the Government Organization Act
Intergovernmental Relations, Executive Council Date