This Amending Agreement 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 of 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" or "Program");

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 wish to amend the Agreement to reflect changes made to the ICIP ("Amending Agreement No. 1");

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

1. Amendments to the Agreement

1.1 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 ten million dollars ($10,000,000) 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.1 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.

1.2 Paragraph r), as set out below, is added to section 4 (Commitments by New Brunswick):

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 paragraphs a) through d) taken together of section 3 (Commitments by Canada), in accordance with paragraph ii) of section A.1 b) (Eligible Projects).

1.3 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 with the exception of planning projects, as described in paragraph ii) of section A.1 b) (Eligible Projects), where the eventual infrastructure project must be included on a submitted infrastructure plan.

1.4 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.1 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.

1.5 Section A.1 b) (Eligible Projects) is deleted and replaced by:

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.2 c), A.3 c), A.4 c), and A.5 c) of this Schedule.
   2. Planning projects can be considered eligible Projects if:
      1. They are transformational in nature, as determined by Canada;
      2. 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.2 c), A.3 c), A.4 c), A.5 c) of this Schedule, and this eventual infrastructure project is included in the New Brunswick Infrastructure Plan, as described in section 8 (New Brunswick Infrastructure Plan); and
      3. The Ultimate Recipient is a municipal or regional government with a population of less than five thousand (5,000).

1.6 Section c) of schedule A.2 (Public Transit) is deleted and replaced by:

16. 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.1 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 or future transit systems
    • Improved access to a public transit system

1.7 Section c) of schedule A.3 (Green Infrastructure) is deleted and replaced by:

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.1 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 more renewable energy
     • Increased access to clean energy transportation
     • Increased energy efficiency of buildings
     • Increased generation of 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

1.8 Section c) of schedule A.4 (Community, Culture and Recreation Infrastructure) is deleted and replaced by:

20. 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.1 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 cultural, recreational and/or community infrastructure for Canadians, including Indigenous peoples and vulnerable populations

1.9 Paragraph i) of section A.5 c) (Eligible Project Outcomes) is deleted and replaced by:

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.1 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 broadband connectivity
      • 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.

1.10 Paragraph i) d) of section A.5 e) (Stacking and Cost-Sharing) is deleted and replaced by:

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 Broadband Connectivity" outcome in the Rural and Northern Communities Infrastructure Outcomes Table, for which the maximum funding from all federal sources will not exceed:
   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.1 a) (Ultimate Recipients).

1.11 The words "project meets" are deleted and replaced by the words "project aligns with" in the following:

• Section d) of schedule A.2 (Public Transit)
• Section d) of schedule A.3 (Green Infrastructure)
• Paragraph i) of section A.4 d) (Ineligible Projects)
• Section d) of schedule A.5 (Rural and Northern Communities Infrastructure)

1.12 The words "Projects that meet" are deleted and replaced by the words "Projects that align with" in the following:

• Section f) of schedule A.2 (Public Transit)
• Section f) of schedule A.3 (Green Infrastructure)
• Paragraph ii) of section A.4 d) (Ineligible Projects)
• Section f) of schedule A.4 (Community, Culture and Recreation Infrastructure)
• Section f) of schedule A.5 (Rural and Northern Communities Infrastructure)

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. 1, 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. 1 may be signed in counterpart, and the signed copies will, when attached, constitute the original Amending Agreement No. 1 and will form part of the Agreement.
• 2.4 This Amending Agreement No. 1 shall be effective as of the date this agreement is signed by the last Party.

3. Signatures

This Amending Agreement No. 1 has been executed on behalf 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 of Regional Development Corporation.