This Amending Agreement No. 3 is made as of the date of last signature

BETWEEN: HIS MAJESTY THE KING 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 Newfoundland and Labrador, as represented by the Minister of Transportation and Infrastructure and the Minister for Intergovernmental Affairs ("Newfoundland and Labrador")

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 September 17, 2018, setting out the terms and conditions for Canada's contribution under the Canada Newfoundland and Labrador Integrated Bilateral Agreement for the ICIP ("the Agreement");

WHEREAS the Parties amended the Agreement ("Amending Agreement No. 1") on October 14, 2020;

WHEREAS the Parties amended the Agreement ("Amending Agreement No. 2") on July 22, 2021;

WHEREAS the Parties wish to amend the Agreement to reflect changes made to the ICIP ("Amending Agreement No. 3"), 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 31st, 2034.

1.2 Paragraph a) of Section 3 (Commitments by Canada) is deleted and replaced by:

1. Canada agrees to provide contribution funding to Newfoundland and Labrador 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 Newfoundland and Labrador by Canada under all streams taken together of this Agreement will be up to five hundred sixty-five million seven hundred forty thousand one hundred nineteen dollars ($565,740,119).

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

4. Canada agrees to review requests from Newfoundland and Labrador 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 Newfoundland and Labrador 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 Newfoundland and Labrador will ensure, and for all other Ultimate Recipients, Newfoundland and Labrador will require that all Projects are Substantially Completed by October 31st, 2033. For Projects funded under the COVID-19 resilience infrastructure stream, Newfoundland and Labrador will ensure that, unless otherwise agreed to by Canada, all Projects are Substantially Completed by December 31st, 2023, or by December 31st, 2024 if the Project is in a Remote Community.

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

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

1.6 Paragraph r) of Section 4 (Commitments by Newfoundland and Labrador) is deleted and replaced by:

18. Newfoundland and Labrador may allocate a maximum of five million six hundred fifty-seven thousand four hundred one dollars ($5,657,401) 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 u) of Section 4 (Commitments by Newfoundland and Labrador) is deleted and replaced by:

21. Newfoundland and Labrador acknowledges that for any Project with a federally required Construction Start date of September 30th, 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 30th, 2023 Canada will cancel the Project under this Agreement.

1.8 Paragraph v) of Section 4 (Commitments by Newfoundland and Labrador) is deleted and replaced by:

22. Newfoundland and Labrador will allocate a minimum of nine million eight hundred ninety seven thousand two hundred seventy-four dollars ($9,897,274) 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 w), as set out below, is added to Section 4 (Commitments by Newfoundland and Labrador):

23. Newfoundland and Labrador agrees that a maximum of five million two hundred seventy-eight thousand nine hundred twenty-five dollars ($5,278,925) 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, Newfoundland and Labrador will complete all reporting requirements as defined under paragraphs a), b) and d) in this section, to Canada's satisfaction, no later than December 31st, 2033. For Projects funded under the COVID-19 resilience infrastructure stream, Newfoundland and Labrador will complete all reporting requirements as defined under paragraphs a) and c) in this section, to Canada's satisfaction, no later than July 31st 2024, or July 31st 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, Newfoundland and Labrador will submit a final claim to Canada covering Eligible Expenditures no later than December 31st, 2033 to Canada's satisfaction. For all Projects funded under the COVID-19 resilience infrastructure stream, Newfoundland and Labrador will submit a final claim to Canada covering Eligible Expenditures no later than July 31st 2024, or July 31st 2025 for Projects in Remote Communities, unless otherwise agreed to by Canada.

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 31st, 2034. For all Projects funded under the COVID-19 resilience infrastructure stream, Canada will make the final payment no later than October 31st 2024, or October 31st 2025 for Projects in Remote Communities, unless otherwise agreed to by Canada.

1.13 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 Newfoundland and Labrador for Projects under each of the Program streams as follows:
   1. under the public transit stream, up to forty-five million six hundred twelve thousand five hundred seventy-eight dollars ($45,612,578), to be paid in accordance with Schedules A.2 (General Program Requirements) and A.3 (Public Transit)
   2. under the green infrastructure stream, up to one hundred ninety-two million eight hundred eight thousand nine hundred fifty-five dollars ($192,808,955), 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, up to thirty-six million seven hundred thirty-eight thousand nine hundred seventeen dollars ($36,738,917), 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, up to two hundred twenty five million ninety-eight thousand one hundred ten dollars ($225,098,110), 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, up to sixty-five million four hundred eighty one thousand five hundred fifty-nine dollars ($65,481,559), to be paid in accordance with A.2 (General Program Requirements) and A.7 (COVID-19 Resilience Infrastructure), which includes a minimum of nine million eight hundred ninety-seven thousand two hundred seventy-four dollars ($9,897,274), 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 ($M)	Green Infrastructure – Canada ($M)	Community, Culture and Recreation Infrastructure – Canada ($M)	Rural and Northern Communities Infrastructure – Canada ($M)	COVID-19 Resilience Infrastructure – Canada ($M)
   2018-2019	0	0	0	0
   2019-2020	18,589	546,368	872,574	5,643,274
   2020-2021	114,442	11,476,335	3,341,326	6,549,296	561,499
   2021-2022	181,113	26,463,790	3,485,287	12,581,848	6,232,284
   2022-2023	1,490,522	26,194,765	5,878,351	12,100,582	8,000,000
   2023-2024	9,620,083	29,469,000	14,812,457	14,812,457	18,600,000
   2024-2025	3,733,458	37,336,852	7,877,939	25,285,654	21,000,000
   2025-2026	2,373,199	27,496,345	470,984	18,875,000	11,087,776
   2026-2027	2,075,575	26,578,463	0	18,875,000
   2027-2028	26,005,598	7,247,037	0	18,875,000
   2028-2029	0	0	0	15,250,000
   2029-2030	0	0	0	15,250,000
   2030-2031	0	0	0	15,250,000
   2031-2032	0	0	0	15,250,000
   2032-2033	0	0	0	15,250,000
   2033-2034	0	0	0	15,250,000
   TOTAL	45,612,578	192,808,955	36,738,917	225,098,110	65,481,559

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. Newfoundland and Labrador will ensure that any applicable Ultimate Recipient Agreements are amended to reflect these funding allocation changes.

1.15 Paragraph e) i. 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 Newfoundland and Labrador for new construction and expansion of public transit and active transportation;
      2. Fifty percent (50%) of Eligible Expenditures in Newfoundland and Labrador 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. Unless otherwise approved by Canada, Newfoundland and Labrador agrees to allocate a minimum of twelve million five hundred eleven thousand eighty-seven dollars ($12,511,087) 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) i. 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. Fifty percent (50%) of Eligible Expenditures for Newfoundland and Labrador;
      2. Forty percent (40%) of Eligible Expenditures for municipalities, regional governments and not-for-profit organizations;
      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) i. 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 Newfoundland and Labrador,
      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) i. 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 Newfoundland and Labrador, 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 Newfoundland and Labrador; 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 30th, 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 31st 2023, or by December 31st, 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 five million two hundred seventy eight thousand nine hundred twenty-five dollars ($5,278,925), as set out in Section 4 (Commitments by Newfoundland and Labrador).

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. 3, 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. 3 may be signed in counterpart, and the signed copies will, when attached, constitute the original Amending Agreement No. 3 and will form part of the Agreement.
• 2.4 This Amending Agreement No. 3 shall be effective as of the date this agreement is signed by the last Party.

3. Signatures

This Amending Agreement No. 3 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 Newfoundland and Labrador by the Minister of Transportation and Infrastructure and the Minister for Intergovernmental Affairs