Administrative Agreement on the Federal Gas Tax Fund - Canada - Prince Edward Island - 2014
Table of contents
- 1. Purpose
- 2. Context
- 3. Principles
- 4. Annexes And Schedules
- 5. Definitions
- 6. Federal Gas Tax Fund
- 7. Oversight Committee
- 8. Dispute Resolution
- 9. Audits And Evaluation
- 10. Duration, Termination, Review And Amendment
- 11. Correspondence
- 12. Counterpart Signature
- Annex A
- Annex B
Terms And Conditions
- 1. Allocation Formula
- 2. Delivery Mechanism
- 3 Use And Recording Of Funds
- 4 Incrementality
- 5 Administration Expenses
- 6 Eligible Project Categories
- 7 Eligible Expenditures
- 8 Reporting
- 9 Communications
- 10 Asset Management
- Schedule A – Ultimate Recipient Requirements
- Schedule B – Eligible Project Categories
- Schedule C – Eligible And Ineligible Expenditures
- Schedule D – Reporting
- Schedule E – Communications Protocol
- Schedule F – Asset Management
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BETWEEN: THE GOVERNMENT OF CANADA, as represented by the President of the Queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affairs ("Canada")
AND: GOVERNMENT OF THE PROVINCE OF PRINCE EDWARD ISLAND, as represented by the Minister of Transportation and Infrastructure Renewal ("Province")
This Administrative Agreement sets out the roles and responsibilities of Canada and the Province for the administration of the Gas Tax Fund (GTF).
With this Administrative Agreement, Canada and the Province wish to help communities build and revitalize their public infrastructure that supports national objectives of productivity and economic growth, a clean environment and strong cities and communities, building on:
- The success of the "First Agreement";
- Section 161 of the Keeping Canada's Economy and Jobs Growing Act, S.C. 2011, c. 24, under which the Canada makes up to $2 billion per year available for allocation by the Canada for the purpose of municipal, regional and First Nations infrastructure starting in 2014-2015;
- Economic Action Plan 2013, through which the Government of Canada announced a renewed GTF which included the indexation of the gas tax funding at two percent per year, with increases to be applied in $100 million increments (confirmed through section 161 of the Keeping Canada's Economy and Jobs Growing Act, S.C. 2011, c. 24 as amended by section 233 of the Economic Action Plan 2013 Act, No. 1, S.C. 2013, c. 33);
- Economic Action Plan 2013 which encouraged provinces, territories, cities and communities to support the use of apprentices in infrastructure projects receiving federal funding. Canada recognizes that the Province has developed and implemented its own initiatives with regards to the use of apprentices in infrastructure projects;
- Economic Action Plan 2013, through which the Government of Canada announced an expanded list of GTF eligible project categories and encouragement for asset management planning.
Canada and the Province acknowledge that this Administrative Agreement is based on the following principles:
- Principle 1 – Respect for jurisdiction: The GTF was designed to leverage the strengths of each level of government and is based on the principle that each has areas of jurisdiction and is accountable to its population. Canada respects the jurisdiction of provinces and territories over municipal institutions.
- Principle 2 – A flexible approach: In recognition of the diversity of Canadian provinces, territories, regions and communities, the GTF recognizes the need for a flexible approach to program delivery. Wherever possible, the GTF aims to employ regionally adapted delivery mechanisms, including the leveraging of existing delivery mechanisms and reporting structures.
- Principle 3 – Equity between jurisdictions: The GTF recognizes the importance of ensuring that the inter-provincial/territorial allocation is equitable while supporting meaningful infrastructure investments within the least populated jurisdictions.
- Principle 4 – Long-term solutions: The GTF provides predictable, long-term funding for communities, where communities choose projects locally and prioritize them according to their needs, while respecting the principle of incrementality and not displacing current infrastructure investments.
- Principle 5 – Transparency: The GTF is administered via an open and transparent governance process which recognizes and communicates Canada's contribution to communities' infrastructure priorities and includes regular program evaluations and progress reporting to Canadians.
4. ANNEXES AND SCHEDULES
The following annexes and schedules are attached to and form part of this Administrative Agreement:
- Annex A: Definitions
- Annex B: Terms and conditions, including:
- Schedule A: Ultimate Recipient Requirements
- Schedule B: Eligible Project Categories
- Schedule C: Eligible and Ineligible Expenditures
- Schedule D: Reporting
- Schedule E: Communications Protocol
- Schedule F: Asset Management
Unless defined elsewhere in this Administrative Agreement, capitalized words used throughout this Administrative Agreement are defined in Annex A (Definitions).
6. FEDERAL GAS TAX FUND
6.1 Any GTF funding that may be transferred by Canada to the Province, when transferred, will be administered by the Province in accordance with this Administrative Agreement, including the terms and conditions set out in Annex B (Terms and Conditions).
6.2 Any Unspent Funds, and any interest earned thereon, will be subject to the terms and conditions of this Administrative Agreement and will no longer be governed by the terms and conditions of the First Agreement.
7. OVERSIGHT COMMITTEE
7.1 An oversight committee established by Canada and the Province will monitor the overall implementation of this Administrative Agreement, and will serve as the principal forum to address and resolve issues arising from the implementation of this Administrative Agreement.
7.2 The oversight committee will be co-chaired by two (2) members, one of whom is to be appointed by Canada, and designated as Federal Co-Chair, and one of whom is to be appointed by the Province, and designated as Provincial Co-Chair. Replacement members from either Canada or the Province may, from time to time, be appointed. Canada and the Province agree to keep each other informed in writing of new appointments. In addition to the two Co-Chairs, the oversight committee may include:
- One additional representative from the Province;
- One additional representative from Canada; and
- One representative from the Federation of Prince Edward Island Municipalities (FPEIM), as an observer, appointed by the FPEIM.
7.3 The oversight committee will examine any issue that arises, and will, in good faith and reasonably, attempt to resolve potential disputes.
7.4 Canada and the Province agree that in addition to the requirements set out in Section 2.3 of Schedule E (Communications Protocol) that any communications working group or subcommittee established by the oversight committee, will report on plans and achievements throughout the year.
8. DISPUTE RESOLUTION
8.1 Canada and the Province will work together to resolve any issues which may arise in relation to this Administrative Agreement.
8.2 It is understood that failure to meet the following requirements are of particular interest and will be addressed as a priority:
- ensuring that Ultimate Recipients comply with Schedule B (Eligible Project Categories) and Schedule C (Eligible and Ineligible Expenditures) of Annex B (Terms and Conditions);
- submitting an Annual Report to Canada by September 30th of each year and an Outcomes Report by March 31, 2018 and March 31, 2023, as outlined in Schedule D (Reporting) of Annex B (Terms and Conditions);
- conducting communications activities in accordance with the requirements outlined in Schedule E (Communications Protocol) of Annex B (Terms and Conditions).
8.3 An escalating dispute resolution approach would begin with an oversight committee discussion followed by senior official-level discussions (i.e. Deputy Minister and/or Assistant Deputy Minister level) and ultimately Ministerial-level discussions for resolution, within a reasonable timeframe.
8.4 In the event of any unresolved issue, if the above resolution mechanisms fail to achieve a resolution it is understood that the final decision with respect to such issue will rest solely with Canada.
9. AUDITS AND EVALUATION
9.1 Canada may, at its expense, carry out any audit in relation to this Administrative Agreement. The Province will provide Canada and its designated representatives with reasonable and timely access to all documentation, records and accounts that are held by the Province, that are related to this Administrative Agreement and the use of GTF funding, and any interest earned thereon, and to all other relevant information and documentation requested by Canada or its designated representatives for the purposes of audit and evaluation, or cause the Ultimate Recipient to make them available to Canada for inspection or audit.
9.2 Canada may, at its cost, complete a periodic evaluation of the GTF to review the relevance and performance (i.e. effectiveness, efficiency and economy) of the GTF. The Province will provide Canada with information on program performance and may be asked to participate in the evaluation process. The results of the evaluation will be made publicly available.
9.3 The Province will keep proper and accurate accounts and records in respect of all Eligible Projects for at least six (6) years after completion of the Eligible Project and will, upon reasonable notice, make them available to Canada.
9.4 Subject to 9.1 to 9.3 accurate accounts and records will remain in effect beyond the expiration or termination of this Administrative Agreement until such time as may be determined by Canada and the Province.
10. DURATION, TERMINATION, REVIEW AND AMENDMENT
10.1 This Administrative Agreement will be effective on April 1, 2014 and will be in effect until March 31, 2024 unless Canada and the Province agree to renew it. In the event where this Administrative Agreement is not renewed, any GTF funding and Unspent Funds, and any interest earned thereon held by the Province or Ultimate Recipients, that have not been expended on Eligible Projects as of March 31, 2024 will nevertheless continue to be subject to this Administrative Agreement until such time as may be determined by Canada and the Province.
10.2 This Administrative Agreement will be reviewed by Canada and the Province by March 31, 2018 and may be amended to incorporate changes, if any, agreed to by Canada and the Province.
10.3 This Administrative Agreement may be amended at any time in writing as agreed to by Canada and the Province.
10.4 This Administrative Agreement may be terminated at any time and for any reason by either Canada or the Province on two (2) years written notice. In the event where this Administrative Agreement is so terminated, any GTF funding and Unspent Funds, and any interest earned thereon held by the Province or Ultimate Recipients, that have not been expended on Eligible Projects as of the date of termination will nevertheless continue to be subject to this Administrative Agreement until such time as may be determined by Canada and the Province.
10.5 If Canada concludes an Administrative Agreement with respect to the GTF for similar purposes with any other province or territory of Canada, and that Administrative Agreement taken as a whole is materially different from this Administrative Agreement, the Province may ask Canada to agree to amend this Administrative Agreement so that, taken as a whole, it affords similar treatment to the Province as the other Administrative Agreement to the other province or territory. In the event of any such request, Canada, and the Province agree to discuss the request and any agreement reached between them to amend this Administrative Agreement will be effected in accordance with Section 10.3 (Duration, Termination, Review and Amendment).
Any correspondence under this Administrative Agreement may be delivered in person, sent by electronic mail, sent by facsimile, or sent by mail addressed to:
Assistant Deputy Minister
1100-180 Kent Street
Ottawa, Ontario K1P 0B6
Facsimile: (613) 960-9423
or to such other address or facsimile number or electronic address or addressed to such other person as Canada may, from time to time, designate in writing to the Province; and
Province of Prince Edward Island:
Transportation and Infrastructure Renewal
Government of Prince Edward Island
11 Kent Street
P.O Box 2000
Charlottetown, PE C1A 7N8
or such other address or facsimile number or electronic address or addressed to such other person as the Provincemay, from time to time, designate in writing to Canada.
12. COUNTERPART SIGNATURE
This Administrative Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original agreement.
The Honourable Denis Lebel
Minister of Infrastructure, Communities and Intergovernmental Affairs
PRINCE EDWARD ISLAND
The Honourable Robert Vessey
Minister of Transportation and Infrastructure Renewal
- "Administrative Agreement"
- means this Canada-Prince Edward Island Administrative Agreement on the transfer of Gas Tax Funds.
- "Annual Report"
- means the duly completed annual report to be prepared and delivered by the Province to Canada, as described in Schedule D (Reporting).
- "Asset Management"
- means documents that support integrated, lifecycle approaches to effective stewardship of infrastructure assets in order to maximize benefits, and manage risk. Plans can include:
- an inventory of assets;
- the condition of infrastructure;
- level of service or risk assessment;
- a cost analysis;
- community priority setting;
- financial planning.
- "Base Amount"
- means an amount established over a time-period, reflecting non-federal investments in infrastructure by municipalities and the Province against which GTF investments will be measured to ensure that GTF investments are incremental.
- means an agreement between an Ultimate Recipient and a Third Party whereby the latter agrees to supply a product or service to an Eligible Project in return for financial consideration.
- "Eligible Expenditures"
- means those expenditures described as eligible in Schedule C (Eligible and Ineligible Expenditures).
- "Eligible Projects"
- means projects as described in Schedule B (Eligible Project Categories).
- "First Agreement"
- means the agreement on the transfer of federal gas tax revenues under the New Deal for Cities and Communities entered into on November 22, 2005 by the Government of Canada and the Province of Prince Edward Island, with an expiry date of March 31, 2015, as amended on September 3, 2008.
- means the Gas Tax Fund, a program established by the Government of Canada setting out the terms and conditions for the administration of funding that may be provided by Canada to Ultimate Recipients under section 161 of the Keeping Canada's Economy and Jobs Growing Act, S.C. 2011, c. 24 as amended by section 233 of the Economic Action Plan 2013 Act, No. 1, S.C. 2013, c. 33, or any other source of funding as determined by Canada.
- "Ineligible Expenditures"
- means those expenditures described as ineligible in Schedule C (Eligible and Ineligible Expenditures).
- means municipal or regional, publicly or privately owned, tangible capital assets primarily for public use or benefit in Canada.
- "Local Government"
- means a municipality, as defined in paragraph 1(e) of the Municipalities Act, R.S.P.E.I.1988, Cap. M-13 and the Charlottetown Area Municipalities Act, R.S.P.E.I. 1988, C-4.1 and the City of Summerside Act, R.S.P.E.I. 1988, Cap. S-9.1., and the Government of Prince Edward Island where it is providing services of a municipal nature to communities.
- "Outcomes Report"
- means the report to be delivered by March 31, 2018 and again by March 31, 2023 to Canada which reports on how GTF investments are supporting progress towards achieving the program benefits, more specifically described in Schedule D (Reporting).
- "Tangible Capital Assets"
- means non-financial assets having physical substance that:
- are held for use in the production or supply of goods and services, for rental to others, for administrative purposes or for the development, construction of other tangible capital assets;
- have useful economic lives extending beyond an accounting period;
- are to be used on a continuing basis; and
- are not for sale in the ordinary course of operations.
- "Third Party"
- means any person or legal entity, other than Canada, the Province or an Ultimate Recipient, who participates in the implementation of an Eligible Project by means of a Contract.
- "Ultimate Recipient"
- a Local Government or its agent (including its wholly owned corporation);
- a non-municipal entity, on the condition that the Local Government has indicated support for the Eligible Project through a formal resolution of its council. A non-municipal entity includes:
- for-profit organizations,
- not-for-profit organizations, or;
- non-governmental organizations.
- Provincial government entities in the form of departments, corporations and agencies where they are mandated to provide core municipal services in municipalities; and in the unincorporated areas of the Province. For Greater clarity, providing core municipal services includes the provision of municipal Infrastructure and Capacity Building Projects as described in Schedule B (Eligible Project Categories).
- "Unspent Funds"
- means the amount reported as unspent by the Province and by Eligible Recipients (as defined under the First Agreement) in the 2013-14 Annual Expenditure Report (as defined under the First Agreement).
- "Unincorporated Areas"
- means communities in Prince Edward Island that are not municipalities established under Prince Edward Island's Municipalities Act and receive infrastructure services from the Province.
TERMS AND CONDITIONS
1. ALLOCATION FORMULA
1.1 Any Unspent Funds held by the Province and any GTF funding that may be received by the Province from Canada, as well as any interest earned thereon, will be allocated in accordance with the following:
- all Unspent Funds which have been allocated by the Province to Eligible Recipients (as defined under the First Agreement), including Unspent Funds withheld by the Province, will remain allocated to those Ultimate Recipients;
- Before determining any allocations within the municipal strategic component, upon approval by Canada, the Province may apply an amount of GTF funding it may receive from Canada for administrative expenses in accordance with Section 5 (Administration Expenses) during the five year period from 2014-15 to 2018-19, inclusively.
1.2 Direct Allocation Component
- The Province will allocate 53 per cent (%) to the direct allocation component;
- The direct allocation component will be provided to the 26 Local Governments of Prince Edward Island that provide water and/or sewer services;
- This will be distributed on a per capita basis;
- Each of these Local Governments will receive a base amount of $100,000.
1.3 Roads and Bridges Component
- The Province will allocate 30 per cent (%) to the roads and bridges component;
- In recognition of the unique nature and role the Province plays in the provision of municipal services, the Province will act as Ultimate Recipient for this component for the rehabilitation of roads and bridges (in accordance with Schedule B) within Local Government boundaries.
1.4 Municipal Strategic Component
- The Province will allocate up to 13.67 per cent (%) to the municipal strategic component. This component is to meet the needs of Local Governments and Unincorporated Areas in order to complete priority projects;
- Water and wastewater projects will be the first priority for this component and all other eligible categories will be a secondary priority;
- The municipal strategic component will be open to all Local Governments and Unincorporated Areas.
1.5 Notional Allocation Component
- The Province will allocate 3.33 per cent (%) to the notional allocation component;
- The Province will allocate GTF funding in this component to the 48 Local Governments of Prince Edward Island that do not provide water and/or sewer services;
- The Province will administer this component on a per capita basis (as can be seen in section 1.6).
1.6 For the period from 2014 to 2019, the Province will rely on the final figures published in the Statistics Canada Census of 2011 to determine the per capita basis of its allocation to Local Governments under the direct allocation component and the notional allocation component. For the period from 2020 to 2024, the Province will rely on the final figures published in the Statistics Canada Census of 2016 to determine its allocation to Ultimate Recipients.
1.7 The Province agrees to provide to Canada, upon request, a table detailing the Ultimate Recipient allocations and will promptly provide to Canada updates to the table upon any revision to the allocations to Local Governments under Section 1.2 of Annex B (Direct Allocation).
2. DELIVERY MECHANISM
2.1 Any payment by the Province to an Ultimate Recipient is subject to the Ultimate Recipient providing information, in a format prescribed by the Province, respecting the Eligible Costs incurred under the First Agreement or expected to be incurred under the Administrative Agreement by the Ultimate Recipient for Eligible Projects.
2.2 Allocations to Ultimate Recipients are subject to meeting the requirements set forth in Schedule A, Ultimate Recipient Requirements. Additionally, Ultimate Recipients are to provide information to the Province, in a format prescribed by the Province, which respects the Eligible Expenditures outlined in Schedule C.
Allocations to Ultimate Recipients will be delivered as follows:
2.3 Direct Allocation Component (Section 1.2 above)
- Ultimate Recipients receiving the direct allocation component will submit a Capital Infrastructure Plan showing projected expenditures for a five year period to the Province in a timely manner and in accordance with Ultimate Recipient funding agreements.
2.4 Roads and Bridges Component (Section 1.3 above)
- The Department of Transportation and Infrastructure Renewal will act as an Ultimate Recipient for the roads and bridges component, and will use a template prescribed by the Province. The Department of Transportation and Infrastructure Renewal provides municipal services for municipalities, particularly as it relates to the provision of the rehabilitation of roads and bridges within Local Government boundaries;
- The Province will annually submit a document outlining roads and bridges priorities to the oversight committee no later than March 31 for approval.
2.5 Municipal Strategic Component (Section 1.4 above)
- Using an application form prescribed by the Province, Local Governments and Unincorporated Areas seeking funds from the municipal strategic component will be subject to an application;
- The application process will operate on a priority basis, with first priority given to water and sewer projects and then to all other eligible project categories. The municipal strategic component will be open to all Local Governments and Unincorporated Areas on Prince Edward Island and may be used in combination with any GTF allocation.
2.6 Notional Allocation Component (Section 1.5 above)
- Ultimate Recipients accessing the notional allocation component will be subject to an application process using an application form prescribed by the Province;
- The notional allocation component will be open to all Eligible Project Categories as per Schedule B and to the 48 Local Governments that do not provide sewer and/or water services.
3. USE AND RECORDING OF FUNDS
3.1 The Province will ensure that any GTF funding that may be transferred to it by Canada, Unspent Funds, and any interest earned thereon, are all used solely in accordance with the terms and conditions set out in this Administrative Agreement.
3.2 The Province will ensure that any GTF funding that may be transferred to it by Canada, Unspent Funds, and any interest earned thereon is all used by Ultimate Recipients in accordance with this Administrative Agreement and specifically to Schedule A (Ultimate Recipient Requirements).
3.3 Pending payment to Ultimate Recipients in accordance with the terms and conditions of this Administrative Agreement, the Provincewill track and record any payments in the Province's General Operating Account and record any interest earned thereon.
3.4 Any GTF funding that may be transferred by Canada to the Province, will be treated as federal funds with respect to other federal infrastructure programs.
Any GTF funding that the Province may receive from Canada is not intended to replace or displace existing sources of funding for Local Government tangible capital expenditures. As such, the average annual tangible capital expenditures by Local Governments within the Province will not be less than the following Base Amount: For the purpose of this Administrative Agreement, the Base Amount established is the average over the period of 2000–2005.
5. ADMINISTRATION EXPENSES
Upon the review and acceptance by Canada of a detailed business case, which must be submitted by April 2015, the Province may apply a portion of any GTF funding it may receive from Canada for administration expenses related to program delivery and implementation of this Administrative Agreement, including expenditures associated with communication activities such as public project announcements and signage.
6. ELIGIBLE PROJECT CATEGORIES
Eligible Project categories under the GTF will continue to include: public transit, local roads and bridges, wastewater, water, solid waste and community energy infrastructure and non-capital investments in capacity building initiatives. As announced in Economic Action Plan 2013, new eligible project categories have been added to include highways, local and regional airports, short-line rail, short-sea shipping, disaster mitigation, broadband and connectivity, brownfield redevelopment, culture, tourism, sport, and recreation infrastructure. Schedule B (Eligible Project Categories) provides further details regarding Eligible Project categories.
7. ELIGIBLE EXPENDITURES
Eligible Expenditures are those associated the acquiring, planning, designing, constructing, or renovating a Tangible Capital Asset; the strengthening of the ability of Local Governments to improve local and regional planning and asset management as well as joint federal communication activities and federal signage. Schedule C (Eligible and Ineligible Expenditures) sets out specific requirements for eligible and ineligible expenditures.
The Province will provide to Canada an Annual Report reporting on expenditures as well as project-level information. Furthermore, the Province will provide to Canada periodic Outcomes Reports indicating progress and results of the GTF in order to demonstrate overall GTF progress toward the national objectives. Schedule D (Reporting) sets out specific reporting requirements.
This Administrative Agreement formalizes clear requirements to support federal communications objectives. Schedule E (Communications Protocol) sets out specific communications requirements, including:
- providing upfront project information on an annual basis for communications purposes;
- including Canada in local project communications; and
- installing federal project signs.
10. ASSET MANAGEMENT
The Province will ensure that Local Governments develop and/or implement an Asset Management Plan, prior to March 31, 2018. Schedule F (Asset Management) provides more details on the approach agreed upon between Canada and the Province.
SCHEDULE A – Ultimate Recipient Requirements
Ultimate Recipients will be required to:
- Be responsible for the completion of each Eligible Project in accordance with Schedule B (Eligible Project Categories) and Schedule C (Eligible and Ineligible Expenditures).
- Comply with all Ultimate Recipient requirements outlined in Schedule E (Communications Protocol).
- Develop and/or implement an Asset Management Plan, prior to March 31, 2018.
- Invest, in a distinct account, GTF funding it receives from the Province in advance of it paying Eligible Expenditures and account for interest earned.
- With respect to Contracts, award and manage all Contracts in accordance with their relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade, and applicable international trade agreements, and all other applicable laws.
- Invest into Eligible Projects, any revenue that is generated from the sale, lease, encumbrance or other disposal of an asset resulting from an Eligible Project where such disposal takes place within five (5) years of the date of completion of the Eligible Project.
- Allow Canada reasonable and timely access to all of its documentation, records and accounts and those of their respective agents or Third Parties related to the use of GTF funding and Unspent Funds, and any interest earned thereon, and all other relevant information and documentation requested by Canada or its designated representatives for the purposes of audit, evaluation, and ensuring compliance with this Administrative Agreement.
- Keep proper and accurate accounts and records in respect of all Eligible Projects for at least six (6) years after completion of the Eligible Project and, upon reasonable notice, make them available to Canada.
- Ensure their actions do not establish or be deemed to establish a partnership, joint venture, principal-agent relationship or employer-employee relationship in any way or for any purpose whatsoever between Canada, and the Ultimate Recipient, or between Canada and a Third Party.
- Ensure that they do not represent themselves, including in any Contract, as a partner, employee or agent of Canada.
- Make reasonable efforts to ensure that no current or former public servant or public office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada applies will derive direct benefit from GTF funding, Unspent Funds, and interest earned thereon, unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes.
- Ensure that they will not, at any time, hold Canada, its officers, servants, employees or agents responsible for any claims or losses of any kind that they, Third Parties or any other person or entity may suffer in relation to any matter related to GTF funding or an Eligible Project and that they will, at all times, compensate Canada, its officers, servants, employees and agents for any claims or losses of any kind that any of them may suffer in relation to any matter related to GTF funding or an Eligible Project.
- Agree that the above requirements which, by their nature, should extend beyond the expiration or termination of this Administrative Agreement, will extend beyond such expiration or termination.
SCHEDULE B – Eligible Project Categories
Eligible Projects include investments in Infrastructure for its construction, renewal or material enhancement in each of the following categories:
- Local roads and bridges – roads, bridges and active transportation Infrastructure (active transportation refers to investments that support active methods of travel. This can include: cycling lanes and paths, sidewalks, hiking and walking trails).
- Highways – highway Infrastructure.
- Short-sea shipping – Infrastructure related to the movement of cargo and passengers around the coast and on inland waterways, without directly crossing an ocean.
- Short-line rail – railway related Infrastructure for carriage of passengers or freight.
- Regional and local airports – airport-related Infrastructure (excludes the National Airport System).
- Broadband connectivity – Infrastructure that provides internet access to residents, businesses, and/or institutions in Canadian communities.
- Public transit – Infrastructure that supports a shared passenger transport system which is available for public use.
- Drinking water – Infrastructure that supports drinking water conservation, collection, treatment and distribution systems.
- Wastewater – Infrastructure that supports wastewater and storm water, collection, treatment and management systems.
- Solid waste – Infrastructure that supports solid waste management systems including the collection, diversion and disposal of recyclables, compostable materials and garbage.
- Community energy systems – Infrastructure that generates or increases the efficient usage of energy.
- Brownfield Redevelopment – remediation or decontamination and redevelopment of a brownfield site within the boundaries of a Local Government, where the redevelopment includes:
- the construction of public Infrastructure as identified in the context of any other category under the GTF, and/or;
- the construction of municipal use public parks and publicly-owned social housing.
- Sport Infrastructure – amateur sport Infrastructure (excludes facilities, including arenas, which would be used as the home of professional sports teams or major junior hockey teams (e.g. Junior A)).
- Recreational Infrastructure – recreational facilities or networks.
- Cultural Infrastructure – Infrastructure that supports arts, humanities, and heritage.
- Tourism Infrastructure – Infrastructure that attract travelers for recreation, leisure, business or other purposes.
- Disaster mitigation – Infrastructure that reduces or eliminates long-term impacts and risks associated with natural disasters.
- Capacity building – includes investments related to strengthening the ability of Local Governments to develop long-term planning practices.
Note: Investments in health Infrastructure (e.g. hospitals, convalescent and senior centres) are not eligible.
SCHEDULE C – Eligible and Ineligible Expenditures
1. Eligible Expenditures
1.1 Eligible Expenditures of Ultimate Recipients will be limited to the following:
- the expenditures associated with acquiring, planning, designing, constructing or renovating a Tangible Capital Asset, as defined by Generally Accepted Accounting Principles (GAAP), and any related debt financing charges specifically identified with that asset;
- for capacity building category only, the expenditures related to strengthening the ability of Local Governments to improve local and regional planning including capital investment plans, integrated community sustainability plans, life-cycle cost assessments, and Asset Management Plans. The expenditures could include developing and implementing:
- studies, strategies, or systems related to asset management, which may include software acquisition and implementation;
- training directly related to Asset Management Plans; and,
- long-term Infrastructure plans.
- the expenditures directly associated with joint communication activities and with federal signage for GTF-funded projects.
- Employee and Equipment Costs: The incremental costs of the Ultimate Recipient's employees or leasing of equipment may be included as Eligible Expenditures under the following conditions:
- the Ultimate Recipient is able to demonstrate that it is not economically feasible to tender a contract;
- the employee or equipment is engaged directly in respect of the work that would have been the subject of the contract; and
- the arrangement is approved in advance and in writing by the Province.
- Administration expenses of the Province related to program delivery and implementation of this Administrative Agreement, in accordance with Section 6 (Administration Expenses) of Annex B (Terms and Conditions).
2. Ineligible Expenditures
The following are deemed Ineligible Expenditures:
- project expenditures incurred before April 1, 2005;
- project expenditures incurred before April 1, 2014 for the following investment categories:
- regional and local airports;
- short-line rail;
- short-sea shipping;
- disaster mitigation;
- broadband connectivity;
- brownfield redevelopment;
- cultural infrastructure;
- tourism infrastructure;
- sport infrastructure; and
- recreational infrastructure.
- the cost of leasing of equipment by the Ultimate Recipient, any overhead costs, including salaries and other employment benefits of any employees of the Ultimate Recipient, its direct or indirect operating or administrative costs of Ultimate Recipients, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, except in accordance with Eligible Expenditures above;
- taxes for which the Ultimate Recipient is eligible for a tax rebate and all other costs eligible for rebates;
- purchase of land or any interest therein, and related costs;
- legal fees; and
- routine repair and maintenance costs.
SCHEDULE D – Reporting
Reporting requirements under the GTF consist of an Annual Report and an Outcomes Report which will be submitted to Canada for review and acceptance. The reporting year is April 1st to March 31st.
1. Annual Report
By September 30th of each year, the Province will provide to Canada an Annual Report in an electronic format deemed acceptable by Canada consisting of the following:
1.1 Financial Report Table:
The financial report table will be submitted in accordance with the following template.
|Annual Report Financial Table||Annual||Cumulative|
|20xx - 20xx||2014 - 20xx|
|Province of Prince Edward Island in aggregate|
|Received from Canada||$xxx||$xxx|
|Transferred to Ultimate Recipients||($xxx)||($xxx)|
|Closing Balance of unspent funds||$xxx||empty|
|Ultimate Recipients in aggregate|
|Received from the Province||$xxx||$xxx|
|Spent on Eligible Projects||($xxx)||($xxx)|
|Closing Balance of unspent funds||$xxx||empty|
 For the 2014-2015 Annual Report this means the amount reported as unspent by the Province in the 2013-2014 Annual Expenditure Report(as defined under the First Agreement).
 For the 2014-2015 Annual Report this means the amount reported as unspent by Eligible Recipients (as defined under the First Agreement) in the 2013-2014 Annual Expenditure Report (as defined under the First Agreement).
1.2 Independent Audit or Audit Based Attestation:
Details of the audit approach will be discussed by the oversight committee. The Province will provide an independent audit opinion, or an attestation based on an independent audit and signed by a senior official designated in writing by the Province, as to:
- the accuracy of the information submitted in the Financial Report Table; and
- that GTF funding and Unspent Funds, and any interest earned thereon, were expended for the purposes intended.
1.3 Project List:
The Province will maintain, and provide to Canada a project list submitted in accordance with the following template.
|Project ID||Ultimate Recipient||Project
|to be filled in||to be filled in||to be filled in||to be filled in||to be filled in||to be filled in||to be filled in||to be filled in|
|to be filled in||to be filled in||to be filled in||to be filled in||to be filled in||to be filled in||to be filled in||to be filled in|
|to be filled in||to be filled in||to be filled in||to be filled in||to be filled in||to be filled in||to be filled in||to be filled in|
|to be filled in||to be filled in||to be filled in||to be filled in||to be filled in||to be filled in||to be filled in||to be filled in|
2. Outcomes Report
By March 31, 2018 and March 31, 2023, the Province will provide to Canada and make publicly available, an Outcomes Report that will report in aggregate on the degree to which investments are supporting the progress in the Provincetowards achieving the following program benefits:
- Beneficial impacts on municipalities and communities of completed Eligible Projects;
- Enhanced impact of GTF as a predictable source of funding including incrementality; and
- Progress made on improving Local Government planning and asset management.
The Outcomes Report will present performance data and a narrative on how each program benefit is being met Performance measurement methodology in respect of each program benefit will be approved by the oversight committee.
SCHEDULE E – Communications Protocol
1.1. The provisions of this Communications Protocol apply to all communications activities related to any GTF funding, including allocations, and Eligible Projects funded under this Administrative Agreement. Communications activities may include, but are not limited to, public or media events, news releases, reports, web articles, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, awards programs, and multi-media products.
1.2. Through collaboration, Canada and the Province agree to work to ensure clarity and consistency in the communications activities meant for the public.
2 Joint communications approach
2.1. Canada and the Province agree to work in collaboration to develop a joint communications approach that identifies guiding principles, including those related to the provision of upfront project information, project signage, and planned communications activities throughout the year. This joint communications approach will have the objective of ensuring that communications activities undertaken each calendar year communicate a mix of Eligible Project types from both large and small communities, span the full calendar year and use a wide range of communications mediums.
2.2. Canada and the Province agree that the initial annual joint communications approach will be finalized and approved by the oversight committee within 60 business days following the inaugural meeting of the oversight committee.
2.3. Canada and the Province agree that achievements under the joint communications approach will be reported to the oversight committee once a year, or more frequently as requested by the oversight committee.
2.4. Canada and the Province agree to assess the effectiveness of the joint communications approach on an annual basis and, as required, update and propose modifications to the joint communications approach. Any modifications will be brought to the oversight committee for approval.
3 Inform Canada on allocation and intended use of GTF funding for communications planning purposes
3.1. The Province agrees to provide to Canada upfront information on planned Eligible Projects and Eligible Projects in progress on an annual basis, prior to the construction season. Canada and the Province will agree, in the joint communications approach, on the date this information will be provided. The information will include, at a minimum:
- Ultimate Recipient name; Eligible Project name; Eligible Project category, a brief but meaningful Eligible Project description; total amount of GTF being used toward the Eligible Project; and anticipated start date.
3.2 Canada and the Province agree that the above information will be delivered to Canada in an electronic format deemed acceptable by Canada. This information will only be used for communications planning purposes and not for program reporting purposes.
3.3 Canada and the Province agree that the joint communication approach will define a mechanism to ensure the most up-to-date Eligible Project information is available to Canada to support media events and announcements for Eligible Projects.
4 Project signage
4.1 Canada, the Province and Ultimate Recipients may each have a sign recognizing their contribution to Eligible Projects.
4.2 At Canada's request, the Province or Ultimate Recipients will install a federal sign to recognize federal funding at Eligible Project site(s). Federal sign design, content, and installation guidelines will be provided by Canada and included in the joint communications approach.
4.3 Where the Province or an Ultimate Recipient decides to install a permanent plaque or other suitable marker with respect to an Eligible Project, it must recognize the federal contribution to the Eligible Project(s) and be approved by Canada.
4.4 The Province or the Ultimate Recipient is responsible for the production and installation of Eligible Project signage, or as otherwise agreed upon.
4.5 The Province agrees to inform Canada of signage installations on a basis mutually agreed upon in the joint communications approach.
5 Media events and Announcements for Eligible Projects
5.1 Canada and the Province agree to have regular announcements of Eligible Projects that are benefiting from GTF funding that may be provided by Canada. Key milestones may be marked by public events, news releases and/or other mechanisms.
5.2 Media events include, but are not limited to, news conferences, public announcements, official events or ceremonies, and news releases.
5.3 Canada, the Province or an Ultimate Recipient may request a media event.
5.4 Media events related to Eligible Projects will not occur without the prior knowledge and agreement of Canada, the Province and the Ultimate Recipient.
5.5 The requester of a media event will provide at least 15 working days' notice to other parties of their intention to undertake such an event. The event will take place at a mutually agreed upon date and location. Canada, the Province and the Ultimate Recipient will have the opportunity to participate in such events through a designated representative. Each party and the Ultimate Recipient will choose their own designated representative.
5.6 The conduct of all joint media events and products will follow the Table of Precedence for Canada.
5.7 All joint communications material related to media events must be approved by Canada and recognize the funding of the parties.
5.8 All joint communications material must reflect Canada's policy on official languages and the federal identity program.
6 Program communications
6.1 Canada, the Province and Ultimate Recipients may include messaging in their own communications products and activities with regard to the GTF.
6.2 The party undertaking these activities will provide the opportunity for the other parties to participate, when appropriate, and will recognize the funding of all contributors.
6.3 Canada and the Provinceagree that they will not unreasonably restrict the other parties from using, for their own purposes, public communications products related to the GTF prepared by Canada, the Provinceor Ultimate Recipients,or, if web-based, from linking to it.
6.4 Notwithstanding Section 5 (Communications Protocol), Canada retains the right to meet its obligations to communicate information to Canadians about the GTF and the use of funding through communications products and activities.
7 Operational Communications
7.1 The Province or the Ultimate Recipient is solely responsible for operational communications with respect to Eligible Projects, including but not limited to, calls for tender, construction, and public safety notices. Operational communications as described above are not subject to the federal official language policy.
7.2 Canada, the Province or the Ultimate Recipient will share information promptly with the other parties to this Administrative Agreement should significant emerging media or stakeholder issues relating to an Eligible Project arise. Canada and the Province will advise Ultimate Recipients, when appropriate, about media inquiries received concerning an Eligible Project.
8 Communicating Success Stories
The Province agrees to facilitate communications between Canada and Ultimate Recipients for the purposes of collaborating on communications activities and products including but not limited to Eligible Project success stories, Eligible Project vignettes, and Eligible Project start-to-finish features.
9 Advertising campaigns
Recognizing that advertising can be an effective means of communicating with the public, Canada, the Province or an Ultimate Recipient may, at their own cost, organize an advertising or public information campaign related to the GTF or Eligible Projects. However, such a campaign must respect the provisions of this Administrative Agreement. In the event of such a campaign, the sponsoring party or Ultimate Recipient agrees to inform the other parties of its intention, and to inform them no less than 21 business days prior to the campaign launch.
SCHEDULE F – Asset Management
Prince Edwards Island Asset Management Planning Goals
By leveraging any GTF funding that may be received from Canada, the Province plans to develop and implement a common Asset Management (AM) tracking and reporting tool with Local Governments. This is expected to support and encourage long term municipal planning, and provide effective stewardship of Infrastructure assets to maximize benefits and manage risks.
Successful implementation is planned to include a phased implementation process and, where possible, hands-on training to build local capacity and to develop common AM best practices with Local Governments.
Prior to March 31, 2018:
The Province expects to develop AM plans with its Local Governments, and these could include the following:
- Develop an initial inventory of Infrastructure;
- Start lifecycle assessments, and condition assessments with training;
- Assist in developing capital plans that could include targets and mechanisms to ensure robust asset management practices and progress is being made.
During the interim period, before Local Governments have a full AM plan in place, they will be expected to submit to the Province Capital Investment Plans for individual projects and a five year Infrastructure plan, updated every year.
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