Canada – New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure program
Amending agreement no. 2

This Amending Agreement No. 2 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 NEW BRUNSWICK, as represented by the Minister responsible for the Regional Development Corporation (“New Brunswick”)

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 March 14, 2018, setting out the terms and conditions for Canada's contribution under the Canada-New Brunswick Integrated Bilateral Agreement for the ICIP (“the Agreement”);

WHEREAS the Parties amended the Agreement (“Amending Agreement No. 1”) on August 6, 2019;

WHEREAS the Parties wish to amend the Agreement to reflect changes made to the ICIP (“Amending Agreement No. 2”), including the creation of a new COVID-19 resilience infrastructure stream to support pandemic response and economic recovery efforts;

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 “Asset Disposal Period” in section 1.1 (Definitions) is deleted and replaced by:

“Asset Disposal Period”, unless otherwise agreed to by Canada, means the period ending five (5) years after a Project is Substantially Completed for any Asset other than land purchased or acquired, in whole or in part, by the Ultimate Recipient with contribution funding provided by Canada under the terms and conditions of this Agreement. For any Asset that is land purchased or acquired, in whole or in part, by the Ultimate Recipient with contribution funding provided by Canada under the terms and conditions of this Agreement, it means the period ending forty (40) years after a Project is Substantially Completed.

1.2 The definition of “Eligible Expenditures” in section 1.1 (Definitions) is deleted and replaced by:

“Eligible Expenditures” mean those costs Incurred and eligible for payment by Canada as set out in section A.2 c) (Eligible Expenditures).

1.3 The following definitions are added to section 1.1 (Definitions):

“Construction Start” means the performance of physical activities on the property which results in changes which are visible to any person inspecting the site and are recognizable as the initial steps for the preparation of the land or the installation of improvements of fixtures, unless otherwise approved by Canada.

“Fair Market Value” means the price that a property would likely bring in a competitive and open market on a specified date under all conditions required for a fair sale, with the buyer and seller each acting prudently and knowledgeably, and where the price is not affected by undue stimulus.

“Natural Infrastructure” means the use of naturally occurring resources or the engineered use of natural resources to provide adaptation or mitigation services to the gradual and/or sudden impacts of climate change or natural hazards.

“Remote Community” or “Remote Communities” means a community with a population of less than 5,000 that is not within 25 kilometers of Fredericton, Saint John, or Moncton.

1.4 The definition of “Ultimate Recipient” in section 1.1 (Definitions) is deleted and replaced by:

“Ultimate Recipient” means an entity identified under section A.2 a) (Ultimate Recipients) that is eligible to receive contribution funding for a Project under this Agreement.

1.5 Section 3 (Commitments by Canada) is deleted and replaced by:

• 3. Commitments by Canada

  1. Canada agrees to provide contribution funding to New Brunswick 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 New Brunswick by Canada under all streams taken together of this Agreement will be up to six hundred seventy three million two hundred seventeen thousand five hundred sixty eight dollars ($673,217,568).
  2. Upon request by New Brunswick and subject to approval by Canada, Canada may transfer up to a maximum of sixty seven million three hundred twenty one thousand seven hundred fifty seven dollars ($67,321,757) from its contribution funding under sections A.1 a) i. through A.1 a) iv. to the COVID-19 resilience infrastructure stream as set out under section A.1 a) v. Any such transfers will be governed in accordance with Schedules A.2 (General Program Requirements) and A.7 (COVID-19 Resilience Infrastructure).
  3. Canada agrees to provide a portion of Canada's total contribution funding identified in sections A.1 a) i. through A.1 a) iv. of Schedule A.1 (Contribution Funding) to New Brunswick for Administrative Expenses to be paid in accordance with section 16 (Administrative Expenses).
  4. Canada agrees to consider requests from New Brunswick to transfer contribution funding under the public transit stream, as described in Schedule A.3 (Public Transit) to the green infrastructure stream, as described in Schedule A.4 (Green Infrastructure), and/or the rural and northern communities infrastructure stream as described in Schedule A.6 (Rural and Northern Communities Infrastructure) where the funds transferred to the rural and northern communities infrastructure stream are to fund remote airport projects that meet an outcome in the Green Infrastructure Outcomes Table, as set out in section A.4 c) (Eligible Project Outcomes).
  5. The Parties acknowledge that Canada's role in a Project is limited to making a financial contribution to New Brunswick for that Project and that Canada will have no involvement in the implementation of that Project or its operation. Canada is neither a decision-maker nor an administrator of a Project.

1.6 Paragraph c) of Section 4 (Commitments by New Brunswick) 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 New Brunswick will ensure that all Projects are Substantially Completed by October 31st, 2027. For Projects funded under the COVID-19 resilience infrastructure stream, New Brunswick will ensure that all Projects are Substantially Completed by December 31st, 2021, or by December 31st, 2022 if the Project is in a Remote Community.

1.7 Paragraph h) i. of Section 4 (Commitments by New Brunswick) is deleted and replaced by:

1. A greenhouse gas emissions assessment that includes a cost-per-tonne calculation as required by Canada:
   7. for all projects that seek funding under the climate change mitigation sub-stream in Schedule A.4 (Green Infrastructure); and
   8. for all other projects with total estimated Eligible Expenditures over ten million dollars ($10,000,000).

1.8 Paragraph h) ii. of Section 4 (Commitments by New Brunswick) is deleted and replaced by:

2. A climate change resilience assessment:
   10. for all projects that seek funding under the adaptation, resilience, and disaster mitigation sub-stream in Schedule A.4 (Green Infrastructure); and
   11. for all other projects with total estimated Eligible Expenditures over ten million dollars ($10,000,000).

1.9 Paragraph i) of Section 4 (Commitments by New Brunswick) is deleted and replaced by:

9. New Brunswick 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) federal target groups (apprentices, Indigenous peoples, women, persons with disabilities, veterans, youth, new Canadians, or small-medium-sized enterprises and social enterprises), except for planning Projects, as set out in paragraph ii) of section A.2 b) (Eligible Projects). Canada will waive the community employment benefits reporting requirement at the discretion of New Brunswick. New Brunswick will provide Canada a rationale for not reporting on community employment benefits as described in this section, which will be made public by Canada.

1.10 Paragraph j) of Section 4 (Commitments by New Brunswick) is deleted and replaced by:

10. Unless otherwise agreed to by Canada, for each stream, except the COVID-19 resilience infrastructure stream, New Brunswick agrees to provide a total funding contribution to Projects where the Ultimate Recipient is a municipal or regional government as described in section A.2 a) (Ultimate Recipients) that is no less than 33.33% of the total Eligible Expenditures for such Projects.

1.11 Paragraph k) of Section 4 (Commitments by New Brunswick) is deleted and replaced by:

11. New Brunswick will allocate a minimum of four million two thousand seventy dollars ($4,002,070) 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.

1.12 Paragraph l) of Section 4 (Commitments by New Brunswick) is deleted and replaced by:

12. Over the term of this Agreement, New Brunswick 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 New Brunswick infrastructure spending on each of the asset classes funded through the Program.

1.13 Paragraph p) of Section 4 (Commitments by New Brunswick) is deleted and replaced by:

16. New Brunswick 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 31st, 2025. New Brunswick will submit for Canada's review and approval all projects to be considered for contribution funding under the COVID-19 resilience infrastructure stream by March 31, 2021, unless otherwise agreed to by Canada.

1.14 Paragraph r) of Section 4 (Commitments by New Brunswick) is deleted and replaced by:

18. New Brunswick may allocate a maximum of six million seven hundred thirty two thousand one hundred seventy six dollars ($6,732,176) to planning Projects from the sum of Canada's contribution funding under section A.1 a) i. through iv. taken together of Schedule A.1 (Contribution Funding), in accordance with paragraph ii) of section A.2 b) (Eligible Projects).

1.15 Paragraphs s), t), and u) as set out below, are added to Section 4 (Commitments by New Brunswick):

19. New Brunswick may allocate a maximum of nine million five hundred forty six thousand six hundred fifty nine dollars ($9,546,659) 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).
20. New Brunswick 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.
21. New Brunswick acknowledges that for any Project with a federally required Construction Start date of September 30th, 2021, 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) iii., if Construction Start for the Project does not occur by September 30th, 2021 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.

1.16 Section 6 (Fiscal Year Budgeting) is deleted and replaced by:

• 6. Fiscal Year Budgeting

  1. The amount of contribution funding payable by Canada each Fiscal Year is set out in section A.1 b) of Schedule A (Program Details).
  2. If the actual amount payable by Canada in respect of any Fiscal Year is less than the estimated maximum amounts in section A.1 b) of Schedule A (Program Details), New Brunswick may request that Canada re-allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to section 5 (Appropriations), Canada agrees to make reasonable efforts to accommodate New Brunswick's request. New Brunswick acknowledges that requests for re-allocation of Canada's contribution funding to a Project will require appropriation adjustments or federal Crown approvals.
  3. In the event that any requested re-allocation of Canada's contribution funding to a Project is not approved, the amount of Canada's contribution payable in accordance with section A.1 a) of Schedule A (Program Details) may be reduced by the amount of the requested re-allocation. If the contribution payable by Canada in accordance with section A.1 a) of Schedule A (Program Details) is so reduced, the Parties agree to review the effects of such reduction on the overall implementation of the Project and to adjust the terms and conditions of this Agreement as appropriate.

1.17 Paragraph a) of Section 8 (New Brunswick Infrastructure Plan) is deleted and replaced by:

1. Unless otherwise agreed to by Canada, New Brunswick will submit to Canada by November 30th, 2018 and will update and re-submit to Canada annually by May 31st an infrastructure plan, to Canada's satisfaction, that includes:
   1. A section that describes New Brunswick's approach and priorities for the Program, including but not limited to New Brunswick's plans for achieving the targets outlined in paragraph q) of section 4 (Commitments by New Brunswick), New Brunswick's approach for meeting the commitments in paragraphs n) and o) of section 4 (Commitments by New Brunswick) to ensure that a fair balance of municipal and provincial projects are submitted for Canada's approval and that projects supporting Indigenous peoples are considered for contribution funding under this Agreement, and New Brunswick's aspirational targets for community employment benefits provided to federal target groups (apprentices, Indigenous peoples, women, persons with disabilities, veterans, youth, new Canadians, or small-medium-sized enterprises and social enterprises);
   2. A section identifying projects that New Brunswick intends to submit for approval by Canada for contribution funding under this Agreement, including projects that are ready to be submitted to Canada or that New Brunswick may submit to Canada in the future; and
   3. For all updated infrastructure plans, information on accomplishments in the previous Fiscal Year.

1.18 Paragraph c) of Section 8 (New Brunswick Infrastructure Plan) is deleted and replaced by:

3. Unless otherwise agreed to by Canada, all infrastructure plans submitted to Canada will cover a minimum period of the current Fiscal Year and the next two (2) Fiscal Years, up to the Agreement End Date.

1.19 Paragraph f) of Section 8 (New Brunswick Infrastructure Plan) is deleted and replaced by:

6. The submission of any New Brunswick infrastructure plan to Canada's satisfaction does not constitute approval of projects by Canada under this Agreement. New Brunswick may submit projects for approval by Canada in accordance with section 9.1 (Project Submission and Approval) that are not included on a submitted infrastructure plan.

1.20 Paragraph a) of Section 9.1 (Project Submission and Approval) is deleted and replaced by:

1. New Brunswick will be responsible for identifying and prioritizing eligible projects through engagement with local and regional governments, and Indigenous peoples as described in section A.2 a) (Ultimate Recipients), and submitting eligible projects to Canada for approval.

1.21 Paragraph c) of Section 9.1 (Project Submission and Approval) is deleted and replaced by:

3. New Brunswick will provide all information required by Canada, to the satisfaction of Canada, for each project submitted by New Brunswick for contribution funding under this Agreement, including but not limited to:
   1. when applicable, as determined by Canada, the target to which the project is aligned as outlined in paragraph q) of section 4 (Commitments by New Brunswick);
   2. expected results for community employment benefits for all projects to which the community employment benefit reporting requirement outlined in paragraph i) of section 4 (Commitments by New Brunswick) applies;
   3. when applicable, as determined by Canada, climate lens assessments; and
   4. an attestation in a format acceptable to Canada from a delegated official that the information in the project submission is accurate.

1.22 Paragraph g) of Section 9.1 (Project Submission and Approval) is deleted and replaced by:

7. Canada will inform New Brunswick in writing, through an approval letter, once Projects have been approved. This approval letter forms part of this Agreement.

1.23 Section 10 (Federal Requirements for Projects) is deleted and replaced by:

• 10. Federal requirements for projects

  In addition to the requirements for eligible Projects as set out in Schedule A (Program Details), eligible Projects, except for planning Projects as set out in paragraph ii) of section A.2 b) (Eligible Projects), must also meet the following requirements:

  1. A Project must meet or exceed any applicable energy efficiency standards for buildings outlined in the Pan-Canadian Framework on Clean Growth and Climate Change.
  2. A Project must meet or exceed the requirement of the highest published accessibility standard in a jurisdiction in addition to applicable provincial building codes and relevant municipal by-laws.

1.24 Section 14 (Reporting) is deleted and replaced by:

• 14. Reporting

  1. Unless otherwise agreed to by Canada, New Brunswick will submit to Canada, no later than May 31st and November 30th each Fiscal Year, a Project progress report to Canada's satisfaction 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 30th each Fiscal Year; and
     2. Projects funded under the COVID-19 resilience infrastructure stream, which will be included in the Project progress report submitted to Canada no later than February 28th, May 31st, August 31st, and November 30th each Fiscal Year.
  2. 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, 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.
     1. The Project progress report will include the following updated information for each Project:
        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 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 Projects funded under the COVID-19 resilience infrastructure stream, each Project progress report will include a claim, in accordance with section 15 (Claims and Payments), and an attestation in a format acceptable to Canada from a delegated official that the information in the report is accurate and 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. New Brunswick will report annually, no later than November 30th, 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, New Brunswick 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, 2027. For Projects funded under the COVID-19 resilience infrastructure stream, New Brunswick will complete all reporting requirements as defined under paragraphs a) and c) in this section, to Canada's satisfaction, no later than July 31st 2022, or July 31st 2023 for Projects in Remote Communities.
  6. New Brunswick agrees and will ensure that Canada may use the information submitted by New Brunswick under this section to publicly report on Program results.

1.25 Section 15.1 (Claims and Payments) is deleted and replaced by:

• 15.1 Claims and payments

  1. For Projects funded under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, and rural and northern communities infrastructure stream, New Brunswick will submit a claim to Canada covering Eligible Expenditures on a semi-annual basis at a minimum, to Canada's satisfaction. 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 New Brunswick is in compliance with progress reporting requirements as described in section 14 (Reporting).
  2. For Projects funded under the COVID-19 resilience infrastructure stream, New Brunswick will submit a claim to Canada covering Eligible Expenditures on a quarterly basis as part of the Project progress report, as set out in section 14 (Reporting), to Canada's satisfaction.
  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, New Brunswick will submit a final claim to Canada covering Eligible Expenditures no later than December 31st, 2027 to Canada's satisfaction. For all Projects funded under the COVID-19 resilience infrastructure stream, New Brunswick will submit a final claim to Canada covering Eligible Expenditures no later than July 31st 2022, or July 31st 2023 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 rural and northern communities infrastructure stream, Canada will make a payment to New Brunswick 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 New Brunswick promptly upon review and acceptance of the Project progress report, as set out in section 14 (Reporting), subject to the terms and conditions of this Agreement.

1.26 Paragraph b) of section 15.2 (Payment Conditions) is deleted and replaced by:

2. pay capital costs for a Project until the requirements under section 11 (Environmental Assessment) and section 12 (Aboriginal Consultation), if applicable, are, in Canada's opinion, satisfied to the extent possible at the date the claim is submitted to Canada;

1.27 Paragraph c) of section 15.2 (Payment Conditions) is deleted and replaced by:

3. pay any claims until requirements under section 8 (New Brunswick Infrastructure Plan) and section 14 (Reporting) are received and accepted by Canada, and any audit requirements in section 18 (Audit) and any requirements outlined in Schedule B (Communications Protocol) are met; and

1.28 Paragraph d), as set out below, is added to section 15.2 (Payment Conditions)

4. pay any claims related to land acquisition costs until New Brunswick provides any information required by Canada to assess the eligibility of those costs, to Canada's satisfaction.

1.29 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, 2028. For all Projects funded under the COVID-19 resilience infrastructure stream, Canada will make the final payment no later than October 31st 2022, or October 31st 2023 for Projects in Remote Communities.

1.30 Paragraph a) of Section 16 (Administrative Expenses) is deleted and replaced by:

1. New Brunswick may apply part of its allocation under only sections A.1 a) i. through iv. of Schedule A (Program Details) to Administrative Expenses as outlined in section A.2 c) (Eligible Expenditures).

1.31 Paragraph b), as set out below, is deleted from Section 16 (Administrative Expenses):

2. New Brunswick will apply an equal percentage of contribution funding, as approved by Canada, from each stream as identified in paragraphs a) through d) of section 3 (Commitments by Canada) to total Administrative Expenses.

1.32 Paragraph b) of section 24.1 (Disposal of Assets) is deleted and replaced by:

2. For any Asset other than land purchased or acquired with contribution funding provided by Canada under this Agreement, if at any time within the Asset Disposal Period, an Ultimate Recipient sells, leases, or otherwise disposes of, directly or indirectly, any Asset purchased, acquired, constructed, rehabilitated or renovated, in whole or in part, under this Agreement, other than to Canada, New Brunswick, a municipal or regional government as outlined in paragraph ii. a) of section A.2 a) (Ultimate Recipients), or with Canada's consent, New Brunswick may be required to reimburse Canada, any federal funding received for the Project.

1.33 Paragraph c), as set out below, is added to section 24.1 (Disposal of Assets):

3. For any Asset that is land purchased or acquired with contribution funding provided by Canada under this Agreement, if at any time within the Asset Disposal Period, an Ultimate Recipient proposes to sell, lease, or otherwise dispose of, directly or indirectly, that land, New Brunswick will:
   1. prior to such disposition of that land, obtain Canada's written consent to such disposition of that land;
   2. prior to such disposition of that land, obtain a written attestation from the Ultimate Recipient that the amount to be paid for the sale of that land is at or above Fair Market Value; and
   3. upon Canada's request, reimburse Canada an amount equal to the contribution funding paid by Canada under this Agreement that was used to purchase or acquire that land.

1.34 Section 24.2 (Revenue from Assets) is deleted and replaced by:

• 24.2 Revenue from assets

  The Parties acknowledge that Canada's contribution to a Project is meant to accrue to the public benefit. New Brunswick will notify Canada in writing within ninety (90) business days of the end of a Fiscal Year if any Asset owned by a for-profit Ultimate Recipient as defined in paragraph ii. d) of section A.2 a) (Ultimate Recipients) is used in such a way that, in the Fiscal Year, revenues are generated from it that exceed its operating expenses. Canada may require New Brunswick to immediately pay to Canada a portion of the excess in the same proportion as the total cost of the Asset. This obligation will only apply during the Asset Disposal Period.

1.35 Schedule A (Program Details) is deleted and replaced by:

Schedule a – Program Details

A.1 Contribution Funding

1. Contribution by Canada

   In accordance with section 3 (Commitments by Canada), Canada agrees to provide contribution funding to New Brunswick for Projects under each of the Program streams as follows:

   1. under the public transit stream, up to one hundred sixty five million two hundred two thousand six hundred sixty two dollars ($165,202,662), 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 three hundred four million six hundred nine thousand eight hundred seventy five dollars ($304,609,875), 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 forty six million two hundred thirty thousand thirty eight dollars ($46,230,038), 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 one hundred fourteen million six hundred thirty three thousand six hundred thirty six dollars ($114,633,636), 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 forty two million five hundred forty one thousand three hundred fifty seven dollars ($42,541,357), to be paid in accordance with A.2 (General Program Requirements) and A.7 (COVID-19 Resilience Infrastructure)
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	$27,680	$58,158	$535,557	$878,286
   2019-2020	$49,832	$2,385,105	$456,322	$7,952,524
   2020-2021	$82,525	$3,126,036	$1,247,779	$8,613,995	$0
   2021-2022	$24,780,400	$19,991,079	$13,124,000	$54,522,025	$42,541,357
   2022-2023	$14,026,223	$39,764,421	$4,218,252	$31,927,388	$0
   2023-2024	$28,052,445	$55,092,377	$5,921,806	$10,000,000	$0
   2024-2025	$28,052,445	$53,571,057	$5,921,806	$739,418
   2025-2026	$28,052,445	$53,823,057	$5,921,806	$0
   2026-2027	$28,052,445	$51,199,057	$5,921,806	$0
   2027-2028	$14,026,222	$25,599,528	$2,960,904	$0
   TOTAL	$165,202,662	$304,609,875	$46,230,038	$114,633,636	$42,541,357

A.2 General Program Requirements

1. Ultimate Recipients
   1. New Brunswick may be an Ultimate Recipient and may distribute Canada's contribution funding to its own Projects, subject to the terms and conditions of this Agreement.
   2. New Brunswick may further distribute Canada's contribution funding to the following Ultimate Recipients for Projects, subject to the terms and conditions of this Agreement:
      1. A municipal or regional government established by or under provincial statute;
      2. A public sector body that is established by or under provincial statute or by regulation or is wholly-owned by New Brunswick, or a municipal or regional government;
      3. When working in collaboration with a municipality, a public or not-for-profit institution that is directly or indirectly authorized, under the terms of provincial or federal statute, or royal charter, to deliver post-secondary courses or programs that lead to recognized and transferable post-secondary credentials;
      4. A private sector body, including for-profit organizations and not-for-profit organizations. In the case of for-profit organizations, they will need to work in collaboration with one or more of the entities referred to above or an Indigenous Ultimate Recipient listed below; and
      5. The following Indigenous Ultimate Recipients:
         1. An Indigenous Governing Body, including but not limited to:
            1. A band council within the meaning of section 2 of the Indian Act;
            2. A First Nation, Inuit or Métis government or authority established pursuant to a self-government agreement or a comprehensive land claim agreement between Her Majesty the Queen in Right of Canada and an Indigenous people of Canada, that has been approved, given effect and declared valid by federal legislation; and
            3. A First Nation, Inuit or Métis government that is established by or under legislation whether federal or provincial that incorporates a governance structure; and
         2. An Indigenous development corporation; and
         3. A not-for-profit organization whose central mandate is to improve Indigenous outcomes.
2. Eligible Projects
   1. Eligible Projects will support public infrastructure, defined as tangible capital assets primarily for public use and/or benefit, in accordance with sections A.3 c), A.4 c), A.5 b), A.6 b) and A.7 b) of this Schedule.
   2. 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.
3. Eligible Expenditures

   Eligible Expenditures will include the following:

   1. All costs considered by Canada to be direct and necessary for the successful implementation of an eligible Project, excluding those explicitly identified in section A.2 e) (Ineligible Expenditures), and which may include capital costs, design and planning, and costs related to meeting specific Program requirements, including completing climate lens assessments as outlined in paragraph h) of section 4 (Commitments by New Brunswick) and creating community employment benefit plans;
   2. New Brunswick's Administrative Expenses as approved by Canada under section 16 (Administrative Expenses);
   3. The incremental costs of employees of an Ultimate Recipient may be included as Eligible Expenditures for a Project under the following conditions:
      1. The Ultimate Recipient is able to demonstrate that it is not economically feasible to tender a Contract; and
      2. The arrangement is approved in advance and in writing by Canada.
   4. 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 New Brunswick); and
      2. Costs associated with Aboriginal consultation and engagement activities, which are retroactively eligible from February 15, 2018 for Projects approved after February 7, 2019.
   5. Land acquisition, if approved by Canada, directly related to the development of Natural Infrastructure for a Project that aligns with an adaptation, resilience and disaster mitigation outcome in the Green Infrastructure Outcomes table, as set out in section A.4 c) (Eligible Project Outcomes).
4. Ineligible Projects

   • Investments in health and education facilities are not eligible for contribution funding under this Agreement, except as otherwise specified in section c) (Ineligible Projects) of Schedule A.5 (Community, Culture and Recreation Infrastructure), sections b) (Eligible Project Outcomes) and c) (Ineligible Projects) of Schedule A.6 (Rural and Northern Communities Infrastructure), and section b) (Eligible Projects) of Schedule A.7 (COVID-19 Resilience Infrastructure).

5. Ineligible Expenditures

   Ineligible expenditures for Projects will include the following:

   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 New Brunswick); and
      2. Costs associated with Aboriginal consultation and engagement activities, which are retroactively eligible from February 15, 2018 for Projects approved after February 7, 2019.
   2. Costs Incurred for cancelled Projects;
   3. Costs of relocating entire communities;
   4. Land acquisition, except in accordance with paragraph v) of section A.2 c) (Eligible Expenditures);
   5. Leasing land, buildings and other facilities; leasing equipment other than equipment directly related to the construction of the Project; real estate fees and related costs;
   6. Any overhead costs, including salaries and other employment benefits of any employees of the Ultimate Recipient, any direct or indirect operating or administrative costs of Ultimate Recipients, and more specifically any costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by the Ultimate Recipient's staff, except in accordance with paragraph iii. of section A.2 c) (Eligible Expenditures);
   7. Financing charges, legal fees, and loan interest payments, including those related to easements (e.g. surveys);
   8. Any goods and services costs which are received through donations or in kind;
   9. Provincial sales tax, goods and services tax, or harmonized sales tax for which the Ultimate Recipient is eligible for a rebate, and any other costs eligible for rebates;
   10. Costs associated with operating expenses and regularly scheduled maintenance work, with the exception of essential capital equipment purchased at the onset of the construction/acquisition of the main Asset and approved by Canada;
   11. Cost related to furnishing and non-fixed assets which are not essential for the operation of the Asset/Project, with the exception of temporary infrastructure funded under the COVID-19 resilience infrastructure stream, as approved by Canada;
   12. All capital costs, including site preparation and construction costs, until Canada has confirmed that environmental assessment and Aboriginal consultation obligations as required under sections 11 (Environmental Assessment) and 12 (Aboriginal Consultation) have been met and continue to be met;
   13. Land acquisition in cases where it is the sole Project component; and
   14. Costs associated with or for the acquisition of publicly-owned land.

A.3 Public Transit

1. Objective

   The public transit stream will support new transit networks, service extensions and active transportation infrastructure that will transform the way that Canadians live, move and work.

2. Canada's Contribution
   1. Allocation to Ultimate Recipient
      1. Unless otherwise agreed to by Canada, New Brunswick agrees to allocate Canada's public transit stream contribution funding to each Ultimate Recipient based solely on ridership as set out in the Public Transit Sub-Allocation Table:

         Public Transit Sub-Allocation Table

         Ultimate Recipient	Ridership
         Moncton	2,269,199
         Saint John	2,220,054
         Fredericton	1,391,080
         Miramichi	54,500

      2. Subject to approval by Canada, and New Brunswick confirming to Canada the agreement of the affected Ultimate Recipients, 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. New Brunswick will ensure that any applicable Ultimate Recipient Agreements are amended to reflect these funding allocation changes.
      3. New Brunswick agrees that a maximum of twenty four million seven hundred eighty thousand three hundred ninety nine dollars ($24,780,399) of Canada's public transit allocation amount under sections A.1 a) i. of this Schedule paragraph may be paid to public transit rehabilitation Projects, unless otherwise approved by Canada.
      4. Subject to approval by Canada and New Brunswick confirming to Canada the agreement of the affected Ultimate Recipients, New Brunswick may combine the allocations of Ultimate Recipients based on the Public Transit Sub-Allocation Table, as amended, to facilitate the integration of these Ultimate Recipients' public transit systems.
3. Eligible Project Outcomes

   Projects eligible for public transit stream contribution funding under this Agreement must align with at least one of the outcomes in the Public Transit Outcomes Table, except for planning projects, as described in paragraph ii) of section A.2 b) (Eligible Projects), where the eventual infrastructure project must align with at least one of the outcomes in the Public Transit Outcomes Table.

   Public Transit Outcomes Table

   Improved capacity of public transit infrastructure

   Improved quality and/or safety of existing and/or future public transit

   Improved access to public transit

   Improved capacity and/or quality of pathways and/or active transportation infrastructure

4. Ineligible Projects

   When a project aligns with an outcome in the Public Transit Outcomes Table, it is not eligible for contribution funding under this Agreement if it:

   1. involves private sector for-profit transportation services, including inter-community bus, rail, port, or ferry infrastructure;
   2. 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 30th, 2021; or
   3. is a stand-alone pathway or active transportation project, unless Construction Start for the project can occur by September 30th, 2021.
5. Stacking and Cost-Sharing
   1. 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:
   2. Forty percent (40%) of Eligible Expenditures in New Brunswick for new construction and expansion of public transit and active transportation;
   3. Fifty percent (50%) of Eligible Expenditures in New Brunswick for public transit rehabilitation Projects; or
   4. Twenty-five percent (25%) of Eligible Expenditures for any for-profit private sector Ultimate Recipients notwithstanding a) or b) in this section.
   6. If the federal Crown's total funding towards a Project under the public transit stream exceeds the federal funding limits set out in paragraph i) of this section or if the Total Financial Assistance received or due in respect of the total Project costs exceeds one hundred percent (100%) thereof, Canada may recover the excess from New Brunswick or reduce its contribution by an amount equal to the excess.
   7. Canada's contribution to all Projects under the public transit stream will not exceed the amount as set out in section A.1 a) i. of this Schedule.
6. Federal Requirements

   Each Project that aligns with an outcome in the Public Transit Outcomes Table must meet the following stream-specific requirement, as applicable:

   1. Public transit refers to modes of public transportation that allow for the movement of passengers within and/or outside an urban (metropolitan) or municipal setting. As such, projects involving pathways and active transportation, as well as inter-community bus, rail, port and ferry infrastructure that are owned by a public sector body or created under provincial statute are eligible in the context of commuter transit.
   2. Construction Start must occur by September 30th, 2021 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.

A.4 Green Infrastructure

1. Objective

   The green infrastructure stream will support greenhouse gas emission (GHG) reductions, enable greater adaptation and resilience to the impacts of climate change, and climate-related disaster mitigation, and ensure that more communities can provide clean air and safe drinking water for their citizens. This stream includes the following three sub-streams:

   1. climate change mitigation;
   2. adaptation, resilience, disaster mitigation; and
   3. environmental quality.
2. Canada's Contribution
   1. Allocation to Sub-Streams
      1. New Brunswick agrees to allocate a minimum of one hundred fifty six million two hundred eighteen thousand fifty four dollars ($156,218,054) 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).
3. Eligible Project Outcomes

   Projects eligible for green infrastructure stream contribution funding under this Agreement must align with at least one of the outcomes in the Green Infrastructure Outcomes Table, except for planning projects, as described in paragraph ii) of section A.2 b) (Eligible Projects), where the eventual infrastructure project must align with at least one of the outcomes in the Green Outcomes Table.

   Green Infrastructure Outcomes Table

   Climate Change Mitigation Outcomes:
   Increased capacity to manage renewable energy
   Increased access to clean energy transportation
   Increased energy efficiency of buildings
   Increased capacity to generate clean energy
   Adaptation, Resilience and Disaster Mitigation Outcomes:
   Increased structural capacity and/or increased natural capacity to adapt to climate change impacts, natural disasters and/or extreme weather events
   Environmental Quality Outcomes:
   Increased capacity to treat and/or manage wastewater and stormwater
   Increased access to potable water
   Increased capacity to reduce and/or remediate soil and/or air pollutants
   Improved capacity and/or quality of pathways and/or active transportation infrastructure

4. Ineligible Projects
   1. When a project aligns with a climate change mitigation outcome in the Green Infrastructure Outcomes Table, it is not eligible for contribution funding under this Agreement if it:
      1. involves private sector for profit transportation services, including inter-community bus, rail, port and ferry infrastructure;
      2. 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 30th, 2021;
      3. is an energy retrofit project, unless the energy retrofit project is on an asset that would be considered eligible for funding under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, the rural and northern communities infrastructure stream or the National Housing Strategy; or
      4. involves emergency services infrastructure.
   2. When a project aligns with an adaptation, resilience and disaster mitigation outcome in the Green Infrastructure Outcomes Table, it is not eligible for contribution funding under this Agreement if it:
      1. relocates whole communities;
      2. involves emergency services infrastructure; or
      3. addresses seismic risks.
   3. 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 30th, 2021.
5. Stacking and Cost-Sharing
   1. 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 New Brunswick;
      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.
   2. The maximum funding to a Project under the green infrastructure stream from all federal sources will not exceed the limits set out in paragraph i) of this section, except for Indigenous Ultimate Recipients, which may access additional funding for a Project up to a maximum of one hundred percent (100%) of Eligible Expenditures from all federal sources subject to approval by Canada.
   3. If the federal Crown's total funding towards a Project under the green infrastructure stream exceeds the federal funding limits set out in paragraphs i) and ii) of this section, or if the Total Financial Assistance received or due in respect of the total Project costs exceeds one hundred percent (100%) thereof, Canada may recover the excess from New Brunswick or reduce its contribution by an amount equal to the excess.
   4. Canada's contribution to all Projects under the green infrastructure stream will not exceed the amount as set out in section A.1 a) ii. of this Schedule.
6. Federal requirements
   1. Each Project that aligns with a climate change mitigation outcome in the Green Infrastructure Outcomes Table must meet the following requirement, as applicable:
      1. Public transit refers to modes of public transportation that allow for the movement of passengers within and/or outside an urban (metropolitan) or municipal setting. As such, projects involving first-mile – last-mile active transportation connections to a transit system, as well as inter-community bus, rail, port and ferry infrastructure that are owned by a public sector body or created under provincial statute are eligible in the context of commuter transit.
      2. Construction Start must occur by September 30th, 2021 for any Project that is an inter-community bus, rail, port and ferry infrastructure Project that is not part of a public transit system.
   2. Each Project that aligns with an environmental quality outcome in the Green Infrastructure Outcomes Table must meet the following requirements, as applicable:
      1. Wastewater Projects must result in wastewater effluent that meets the Wastewater Systems Effluent Regulations or provincial regulations where there is a federal equivalency agreement in place, where applicable.
      2. Drinking water quality following completion of a drinking water Project must meet or exceed provincial standards.
      3. Solid waste diversion Projects must result in a measurable increase in the quantity of material diverted from disposal as measured against a baseline using the Generally Accepted Principles for Calculating Municipal Solid Waste System Flow.
      4. Projects that reduce or remediate soil pollutants must be undertaken on properties that are contaminated, as confirmed by a Phase II Environmental Site Assessment.
      5. Construction Start must occur by September 30th, 2021 for any Project that is a pathway or active transportation Project.

A.5 Community, Culture and Recreation Infrastructure

1. Objective

   The community, culture and recreation infrastructure stream will build stronger communities and improve social inclusion.

2. Eligible Project Outcomes

   Projects eligible for community, culture and recreation infrastructure stream contribution funding under this Agreement must align with the outcome in the Community, Culture and Recreation Infrastructure Outcomes Table, except for planning projects, as described in paragraph ii) of section A.2 b) (Eligible Projects), where the eventual infrastructure project must align with at least one of the outcomes in the Community, Culture and Recreation Infrastructure Outcomes Table.

   Community, Culture and Recreation Infrastructure Outcomes Table

   Improved access to and/or increased quality of community, cultural, and/or recreational infrastructure

3. Ineligible Projects
   1. When a project aligns with an outcome in the Community, Culture and Recreation Infrastructure Outcomes Table, it is not eligible for contribution funding under this Agreement if it:
      1. has a private sector, for-profit Ultimate Recipient;
      2. is a stand-alone daycare facility, for-profit daycare facility, daycare facility associated with a school board, or a daycare facility funded under Canada's Early Learning and Child Care initiative;
      3. 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; or
      4. 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.
   2. Within Community Infrastructure Projects that align with an outcome in the Community, Culture and Recreation Infrastructure Outcomes Table, elements of the Project that include dedicated spaces for healthcare, education or tourism purposes; provincial or municipal services; or for-profit uses are ineligible for contribution funding under this Agreement, except for dedicated healthcare or education spaces that benefit Indigenous people by advancing the Truth and Reconciliation Commission's Calls to Action, as approved by Canada.
4. Stacking and Cost-Sharing
   1. 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 New Brunswick,
      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.
   2. The maximum funding to a Project under the community, culture and recreation infrastructure stream from all federal sources will not exceed the limits set out in paragraph i) of this section, except for Indigenous Ultimate Recipients, which may access additional funding for a Project up to a maximum of one hundred percent (100%) of Eligible Expenditures from all federal sources subject to approval by Canada.
   3. If the federal Crown's total funding towards a Project under the community, culture and recreation infrastructure stream exceeds the federal funding limits set out in paragraphs i) and ii) of this section, or if the Total Financial Assistance received or due in respect of the total Project costs exceeds one hundred percent (100%) thereof, Canada may recover the excess from New Brunswick or reduce its contribution by an amount equal to the excess.
   4. Canada's contribution to all Projects under the community, culture and recreation infrastructure stream will not exceed the amount as set out section A.1 a) iii. of this Schedule.
5. Federal Requirements

   Each Project that aligns with an outcome in the Community, Culture and Recreation Infrastructure Outcomes Table must meet the following requirements, as applicable:

   1. Community, culture and recreation Projects must be community-oriented, non-commercial in nature and open for use to the public and not limited to a private membership.
   2. New Brunswick will prioritize assets that serve vulnerable populations.
   3. “Community Infrastructure” is defined as community hubs and community centres. These are publicly accessible, multi-purpose spaces that bring together a variety of different services, programs and/or social and cultural activities to reflect local community needs.
   4. Health and education facilities must benefit Indigenous people by advancing the Truth and Reconciliation Commission's Calls to Action, as approved by Canada.

A.6 Rural and Northern Communities Infrastructure

1. Objective

   The rural and northern communities infrastructure stream will support Projects that improve the quality of life in rural and northern communities by responding to rural- and northern-specific needs.

2. Eligible Project Outcomes
   1. Projects eligible for rural and northern communities infrastructure stream contribution funding under this Agreement:
      1. must align with at least one of the outcomes in the Rural and Northern Communities Infrastructure Outcomes Table, except for planning projects, as described in paragraph ii) of section A.2 b) (Eligible Projects), where the eventual infrastructure project must align with at least one of the outcomes in the Rural and Northern Communities Infrastructure Outcomes Table; or

         Rural and Northern Communities Infrastructure Outcomes Table

         Improved food security

         Improved and/or more reliable road, air and/or marine infrastructure

         Improved access to broadband connectivity, including Internet and mobile wireless infrastructure

         More efficient and/or reliable energy

         Improved education and/or health facilities (specific to the Truth and Reconciliation Commission's Calls to Action)

      2. must, subject to approval by Canada, align with at least one of the project outcomes in the Public Transit Outcomes Table, the Green Infrastructure Outcomes Table or the Community, Culture and Recreation Infrastructure Outcomes Table.
3. Ineligible Projects

   When a project aligns with an outcome in the Rural and Northern Communities Infrastructure Outcomes Table, it is not eligible for contribution funding under this Agreement if it:

   1. is privately-owned housing;
   2. is an early learning and childcare facility;
   3. is a health facility, or an education facility, except to benefit Indigenous peoples by advancing the Truth and Reconciliation Commission's Calls to Action as approved by Canada;
   4. is a highway or trade corridor infrastructure, except for portions that connect communities that do not already have year round road access;
   5. is resource development infrastructure, notably industrial resource development access roads; or
   6. is a mobile wireless project, unless Construction Start for the project can occur by September 30th, 2021.
4. Stacking and Cost-Sharing
   1. 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 New Brunswick, 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 New Brunswick; 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).
   2. The maximum funding to a Project under the rural and northern communities infrastructure stream from all federal sources will not exceed the limits set out in paragraph i) of this section, except for Indigenous Ultimate Recipients, which may access additional funding for a Project up to a maximum of one hundred percent (100%) of Eligible Expenditures from all federal sources subject to approval by Canada.
   3. If the federal Crown's total funding towards a Project under the rural and northern communities infrastructure stream exceeds the federal funding limits set out in paragraphs i) and ii) of this section, or if the Total Financial Assistance received or due in respect of the total Project costs exceeds one hundred percent (100%) thereof, Canada may recover the excess from New Brunswick or reduce its contribution by an amount equal to the excess.
   4. Canada's contribution to all Projects under the rural and northern communities infrastructure stream will not exceed the amount as set out in section A.1 a) iv. of this Schedule.
5. Federal Requirements
   1. Each Project that aligns with an outcome in the Rural and Northern Communities Infrastructure Outcomes Table must meet the following requirements:
      1. Projects will be restricted to those situated within, and that are for the direct benefit of, rural and northern communities with a population of fifty thousand (50,000) or less based on 2016 Statistics Canada Census data.
      2. New Brunswick will respect the unique and wide-ranging infrastructure needs of rural and northern communities, including by considering projects that would advance reconciliation with Indigenous Peoples as per the Truth and Reconciliation Commission's Calls to Action and the United Nations' Declaration on the Rights of Indigenous Peoples, as well as capacity building needs of rural and northern communities.
      3. Construction Start must occur by September 30th, 2021 for any Project that is a mobile wireless Project.

A.7 COVID-19 Resilience Infrastructure

1. Objective

   The COVID-19 resilience infrastructure stream will provide funding to support COVID-19 response and economic recovery efforts.

2. 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
   Retrofits, repairs and upgrades	Municipal (local government) and provincial/territorial/Indigenous buildings Health infrastructure Educational Infrastructure
   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.
   Active transportation infrastructure	Active transportation infrastructure, including parks, trails, foot bridges, bike lanes and multi-use paths
   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
   *For the purpose of this project category, public infrastructure asset includes not-for-profit and for-profit infrastructure projects where the project is for public use and/or benefit.

3. 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; or
   3. is a planning project.
4. Stacking and Cost-Sharing
   1. The maximum funding from all federal sources to a Project approved for COVID-19 resilience infrastructure stream contribution funding under this Agreement will be up to:
      1. Eighty percent (80%) of Eligible Expenditures for municipalities, regional governments, not-for-profit organizations and New Brunswick,
      2. One hundred percent (100%) of Eligible Expenditures for Indigenous Ultimate Recipients, or
      3. Twenty-five percent (25%) of Eligible Expenditure for any for-profit, private sector Ultimate Recipients
   2. The maximum funding to a Project under the COVID-19 resilience infrastructure stream from all federal sources will not exceed the limits set out in paragraph i) of this section.
   3. If the federal Crown's total funding towards a Project under the COVID-19 resilience infrastructure stream exceeds the federal funding limits set out in paragraph i) of this section, or if the Total Financial Assistance received or due in respect of the total Project costs exceeds one hundred percent (100%) thereof, Canada may recover the excess from New Brunswick or reduce its contribution by an amount equal to the excess.
   4. Canada's contribution to all Projects under the COVID-19 resilience infrastructure stream will not exceed the amount as set out in section A.1 a) v. of this Schedule.
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. To be considered for contribution funding, a COVID-19 resilience infrastructure stream project must be submitted to Canada for review and approval by March 31, 2021, unless otherwise agreed to by Canada.
   3. Construction Start for a COVID-19 resilience infrastructure stream Project must occur by September 30th, 2021.
   4. A COVID-19 resilience infrastructure stream Project must be Substantially Completed by December 31st 2021, or by December 31st, 2022 if the Project is in a Remote Community.

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. 2, 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. 2 may be signed in counterpart, and the signed copies will, when attached, constitute the original Amending Agreement No. 2 and will form part of the Agreement.
• 2.4 This Amending Agreement No. 2 shall be effective as of the date this agreement is signed by the last Party.

3. Signatures

This Amending Agreement No. 2 has been executed on behalf of Her Majesty the Queen in the right of Canada by the Minister of Infrastructure and Communities and on behalf of Her Majesty the Queen in right of the Province of New Brunswick by the Minister responsible for the Regional Development Corporation.

HER MAJESTY THE QUEEN IN RIGHT OF CANADA		HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK
The Honourable Catherine McKenna Minister of Infrastructure and Communities		The Honourable Gary Crossman Minister responsible for the Regional Development Corporation
Date		Date