This Amending Agreement No. 5 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, hereinafter referred to as the Minister of Intergovernmental Affairs, Infrastructure and Communities ("Canada")

AND: HIS MAJESTY THE KING IN RIGHT OF CANADA, 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 Intergovernmental Affairs, 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 amended the Agreement ("Amending Agreement No. 4") on July 29, 2021;

WHEREAS the Parties wish to amend the Agreement to reflect changes made to the ICIP ("Amending Agreement No. 5"), including additional funding for category 5 under the COVID-19 resilience infrastructure stream to support ventilation improvements in publicly-owned buildings; and a number of program changes introduced by Budget 2022;

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

1. Amendments to the Agreement

1.1 The definition of "Agreement End Date" in Section 1.1 (Definitions) is deleted and replaced by:
"Agreement End Date" means March 31, 2034.

1.2 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 sixty-three million seven hundred fifty-six thousand three hundred seventy-five dollars ($3,663,756,375).

1.3 Paragraph d) of Section 3 (Commitments by Canada) is deleted and replaced by:

4. Canada agrees to review requests from Alberta to transfer part of the contribution funding indicated in sections A.1 a) i. through A.1 a) v. of Schedule A.1 (Contribution Funding) between Program streams.

1.4 Paragraph c) of Section 4 (Commitments by Alberta) is deleted and replaced by:

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, 2033. For Projects funded under the COVID-19 resilience infrastructure stream, Alberta will ensure that, unless otherwise agreed to by Canada, all Projects are Substantially Completed by December 31, 2023, or by December 31, 2024, if the Project is in a Remote Community.

1.5 Paragraph p) of Section 4 (Commitments by Alberta) is deleted and replaced by:

16. Alberta will submit for Canada's review and approval all projects to be considered for contribution funding under this Agreement by March 31, 2023.

1.6 Paragraph q) of Section 4 (Commitments by Alberta) is deleted and replaced by:

17. Alberta may allocate a maximum of thirty-six million six hundred thirty-seven thousand five hundred sixty-four dollars ($36,637,564) 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).

1.7 Paragraph t) of Section 4 (Commitments by Alberta) is deleted and replaced by:

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), and A.7 e) ii., if Construction Start for the Project does not occur by September 30, 2023 Canada will cancel the Project under this Agreement.

1.8 Paragraph u) of Section 4 (Commitments by Alberta) is deleted and replaced by:

21. Alberta will allocate a minimum of sixteen million five hundred ninety-nine thousand three hundred thirty-six dollars ($16,599,336) 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).

1.9 Paragraph v), as set out below, is added to Section 4 (Commitments by Alberta):

22. Alberta agrees that a maximum of eleven million ninety-six thousand nine hundred 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) may be allocated to school Projects in category 5, as set out in Schedule A.7 b) (Eligible Projects).

1.10 Paragraph e) of Section 14 (Reporting) is deleted and replaced by:

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, 2033. 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, unless otherwise agreed to by Canada.

1.11 Paragraph c) of Section 15.1 (Claims and Payments) is deleted and replaced by:

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 with a mutually-agreed upon format no later than December 31, 2033 to the satisfaction of both Parties. 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, unless otherwise agreed to by both Parties.

1.12 Paragraph b) of Section 15.3 (Payment Deadline) is deleted and replaced by:

2. 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, 2034. 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, unless otherwise agreed to by both Parties.

1.13 Schedule A.1 (Contribution Funding) is deleted and replaced by:

A.1 Contribution Funding

1. Canada's Contributions:
   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 seventy-two million eighty-three thousand sixty-two dollars ($1,972,083,062), 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 eighty-two million six hundred seven thousand eight hundred seventy-seven dollars ($1,182,607,877), 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 two hundred forty-four million two hundred forty-six thousand one hundred ninety-four dollars ($244,246,194), to be paid in accordance with A.2 (General Program Requirements) and A.7 (COVID-19 Resilience Infrastructure), which includes a minimum of sixteen million five hundred ninety-nine thousand three hundred thirty-six dollars ($16,599,336) 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	$25,040,837	$3,713,445	$7,632,015	$1,512,299	$0
   2021-2022	$74,832,032	$35,994,723	$21,385,947	$19,149,592	$64,126,437
   2022-2023	$207,644,452	$58,792,701	$63,906,979	$56,591,018	$156,084,352
   2023-2024	$310,551,300	$57,605,958	$29,378,725	$35,330,259	$24,035,405
   2024-2025	$321,440,314	$97,687,301	$9,860,975	$9,525,473	$0
   2025-2026	$301,891,301	$197,760,670	$0	$2,395,487	$0
   2026-2027	$359,651,383	$232,380,602	$0	$0
   2027-2028	$358,068,877	$47,228,193	$0	$0
   2028-2029	$422,475	$13,083,123	$0	$0
   2029-2030	$422,475	$211,246,400	$0	$0
   2030-2031	$11,610,908	$226,812,560	$0	$0
   2031-2032	$0	$0	$0	$0
   2032-3033	$0	$0	$0	$0
   2033-2034	$0	$0	$0	$0
   TOTAL	$1,972,083,062	$1,182,607,877	$140,276,528	$124,542,714	$244,246,194

1.14 Paragraph b) i. b) of Schedule A.3 (Public Transit) is deleted and replaced by:

2. Subject to approval by Canada, the Parties may re-allocate contribution funding to each Ultimate Recipient listed in the Public Transit Sub-Allocation Table in paragraph a) of this section or to other eligible Ultimate Recipients. Alberta will ensure that any applicable Ultimate Recipient Agreements are amended to reflect these funding allocation changes.

1.15 Paragraph e) of Schedule A.3 (Public Transit) is deleted and replaced by:

5. Stacking and Cost-Sharing
   1. Unless otherwise approved by Canada, the maximum funding from all federal sources to a Project that is approved for public transit stream contribution funding under this Agreement will be up to:
      1. Forty percent (40%) of Eligible Expenditures in Alberta for new construction and expansion of public transit and active transportation;
      2. Fifty percent (50%) of Eligible Expenditures in Alberta for public transit rehabilitation Projects; or
      3. Twenty-five percent (25%) of Eligible Expenditures for any for-profit private sector Ultimate Recipients notwithstanding a) or b) in this section.

1.16 Paragraph b) of Schedule A.4 (Green Infrastructure) is deleted and replaced by:

2. Canada's Contribution
   1. Allocation to Sub-Streams
      1. Alberta agrees to allocate a minimum of six hundred and  million, seven hundred and eighty seven thousand, two hundred and ninety two dollars ($699,787,292) of Canada's allocation amount under section A.1 a) ii. of this Schedule to Projects under the climate change mitigation sub-stream, subject to the provisions of section 16 (Administrative Expenses).

1.17 Paragraph e) of Schedule A.4 (Green Infrastructure) is deleted and replaced by:

5. Stacking and Cost-Sharing
   1. Unless otherwise approved by Canada, the maximum funding from all federal sources to a Project that is approved for green infrastructure stream contribution funding under this Agreement will be up to:
      1. Forty percent (40%) of Eligible Expenditures in Alberta for new construction and expansion of public transit and active transportation;
      2. Fifty percent (50%) of Eligible Expenditures in Alberta for public transit rehabilitation Projects; or
      3. Seventy-five percent (75%) of Eligible Expenditures for Indigenous Ultimate Recipients; or
      4. Twenty-five percent (25%) of Eligible Expenditures for any for-profit, private sector Ultimate Recipients, notwithstanding paragraphs a), b) or c) in this section.

1.18 Paragraph d) of Schedule A.5 (Community, Culture and Recreation Infrastructure) is deleted and replaced by:

4. Stacking and Cost-Sharing
   1. Unless otherwise approved by Canada, the maximum funding from all federal sources to a Project approved for community, culture and recreation infrastructure stream contribution funding under this Agreement will be up to:
      1. Fifty percent (50%) of Eligible Expenditures for Alberta,
      2. Forty percent (40%) of Eligible Expenditures for municipalities, regional governments and not-for-profit organizations, or
      3. Seventy-five percent (75%) of Eligible Expenditures for Indigenous Ultimate Recipients notwithstanding a) and b) in this section.

1.19 Paragraph d) of Schedule A.6 (Rural and Northern Communities Infrastructure) is deleted and replaced by:

4. Stacking and Cost-Sharing
   1. Unless otherwise approved by Canada, the maximum funding from all federal sources to a Project that is approved for rural and northern communities infrastructure stream contribution funding under this Agreement will be up to:
      1. Fifty percent (50%) of Eligible Expenditures for Alberta, municipalities and regional governments with a population of five thousand (5,000) or more and not-for-profit Ultimate Recipients;
      2. Sixty percent (60%) of Eligible Expenditures for municipalities and regional governments with a population of less than five thousand (5,000);
      3. Seventy-five percent (75%) of Eligible Expenditures for Indigenous Ultimate Recipients; or
      4. Twenty-five percent (25%) of Eligible Expenditures for for-profit, private sector Ultimate Recipients, except for for-profit private sector Ultimate Recipients carrying out a project under the "Improved access to broadband connectivity, including Internet and mobile wireless infrastructure" outcome in the Rural and Northern Communities Infrastructure Outcomes Table, for which the maximum funding from all federal sources will be up to:
         1. Fifty percent (50%) of Eligible Expenditures for that project carried out in Alberta; or
         2. Seventy-five percent (75%) of Eligible Expenditures for that project carried out in communities that are governed by one of the entities listed in paragraph ii) e) of section A.2 a) (Ultimate Recipients).

1.20 Paragraph e) of Schedule A.7 (COVID-19 Resilience Infrastructure) is deleted and replaced by:

5. 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. Unless otherwise agreed to by Canada, 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.
   4. Projects funded under category 5 must be owned by a public-sector body.
   5. Canada's contribution to all school Projects funded under category 5, when taken together, must not exceed eleven million ninety-six thousand nine hundred ninety-five dollars ($11,096,995), as set out in Section 4 (Commitments by Alberta).

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. 5, 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. 5 may be signed in counterpart, and the signed copies will, when attached, constitute the original Amending Agreement No. 5 and will form part of the Agreement.
• 2.4 This Amending Agreement No. 5 shall be effective as of the date this agreement is signed by the last Party.

3. Signatures

This Amending Agreement No. 5 has been executed on behalf of His Majesty the King in right of Canada by the Minister of Intergovernmental Affairs, Infrastructure and Communities and on behalf of His Majesty the King in right of the Province of Alberta by the Minister of Infrastructure.