Canada – Quebec Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program
Amending Agreement no. 1

This Amendment No. 1 to the Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program (ICIP) 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: THE GOVERNMENT OF QUEBEC, as represented by the Minister of Finance and by the Minister Responsible for Canadian Relations and the Canadian Francophonie (“Quebec”)

individually referred to as a “Party” and collectively referred to as the “Parties”.

WHEREAS On June 6th, 2018, the Parties entered into the Canada–Quebec Integrated Bilateral Agreement for the ICIP (“Agreement”), with federal infrastructure funding to support the delivery of Government of Quebec Projects under the Plan québécois des infrastructures (PQI);

WHEREAS the Parties wish to amend the Agreement to reflect changes to the ICIP (“Amendment No. 1”), including the creation of the new COVID-19 resilience infrastructure stream to support the response to the pandemic and economic recovery efforts;

NOW THEREFORE, in accordance with the above principles, the Parties agree as follows:

1. Amendments to the Agreement

1.1 The definition of “Ultimate Recipient” or “Ultimate Recipients” in section 1.1 (Definitions) is deleted and replaced by the following:

Ultimate Recipient” or “Ultimate Recipients” means an entity identified in paragraph A.2 a) (Ultimate Recipients) of Schedule A (Program Details) that is eligible to receive contribution funding for a Project under the Agreement.

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

Eligible Expenditures” mean the costs incurred for a Project that are eligible for reimbursement from the Government of Canada under paragraph A.2 c) (Eligible Expenditures) of Schedule A (Program Details).

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

Remote Community” or “Remote Communities” means a community with a population of less than 10,000 that is not accessible by means of an all-weather road, or a community that is accessible by means of an all-weather road and that is situated more than 161 kilometres by road from the nearest community with a population of more than 10,000 or more than 322 kilometres by road from the nearest community with a population of more than 50,000.

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.

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

Fair Market Value” means the dollar value that Quebec or an Ultimate Recipient would most likely receive for a property were it to be sold in an open and unrestricted market in a transaction between a willing buyer by a willing seller who are knowledgeable, informed and acting independently of each other.

1.4 The definition of “Asset Disposal Period” in section 1.1 (Definitions) is deleted and replaced by the following:

Asset Disposal Period” means, unless otherwise specified by the Parties, the period of five (5) years after the Substantial Completion of a Project, or forty (40) years after the Substantial Completion of a Project for lands acquired for Natural Infrastructure purposes.

1.5 The text of section 3 (Commitments by Canada) of the Initial Agreement is deleted and replaced by the following:

  1. Canada agrees to provide contribution funding to Quebec 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 by Canada to Quebec under all streams taken together of this Agreement will be up to seven billion, five hundred and thirty-five million, nine hundred and thirty-seven thousand, nine hundred and nineteen dollars ($7,535,937,919).
  2. Upon request by Quebec and subject to approval by Canada, Canada may transfer up to a maximum of seven hundred and fifty-three million, five hundred and ninety-three thousand, seven hundred and ninety-two dollars ($753,593,792) of 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 review requests from Quebec to transfer part of the contribution funding indicated in sections A.1 a) i. through A.1 a) v. between Program streams. Any request must be justified and assessed by the Oversight Committee, subject to section 21.9 (Amendments).
  4. Canada agrees to provide a maximum of $75,359,300 of the total contribution funding identified in sections A.1 a) i. through A.1 a) iv. of Schedule A.1 (Contribution Funding) to Quebec for Administrative Expenses to be paid in accordance with section 13 (Administrative Expenses).
  5. The Parties acknowledge that Canada's role in any Project is limited to making a financial contribution, and that it will have no involvement in the implementation of any Project or its operation. Canada is neither a decision-maker nor an administrator of a Project.
  6. Canada agrees to provide a maximum of $75,359,379 of the total contribution funding identified in sections A.1 a) i. through A.1 a) iv. of Schedule A.1 (Contribution Funding) to Quebec for planning Projects, in accordance with the text of section A.2 b) ii. (Eligible Projects).

1.6 The text of section 4 c) (Commitments by Quebec) of the Initial Agreement is revoked and replaced by the following:

  1. 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, if Quebec acts as the Ultimate Recipient, Quebec will ensure that all Projects are Substantially Completed by October 31st, 2027. For Projects where the Ultimate Recipient is not Quebec, Quebec will ensure that Ultimate Recipient Agreements with Ultimate Recipients require that the Projects be Substantially Completed by October 31st, 2027. For Projects funded under the COVID-19 resilience infrastructure stream, Quebec 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 The text of section 4 g) (Commitments by Quebec) of the Initial Agreement is revoked and replaced by the following:

  1. Quebec will ensure that assessments of climate change consideration for Projects are conducted in accordance with Quebec's climate change regulations and submitted to Canada before Canada approves a Project, or at a time agreed to by the Parties:
    1. An assessment of greenhouse gas emissions in accordance with Quebec's regulations and methodologies, for all Projects that seek funding under the climate change mitigation sub-stream in Schedule A.4 (Green Infrastructure), which includes basic data on greenhouse gas emissions and a calculation of cost-per-tonne;
    2. A climate resilience assessment in accordance with Quebec regulations and methodologies, for all Projects that seek funding under the adaptation, resilience and disaster mitigation sub-stream in Schedule A.4 (Green Infrastructure);
    3. A greenhouse gas emissions assessment and a climate resilience assessment in accordance with Quebec regulations and methodologies, including a mechanism of Declaration of Conformity for Projects that pose a low risk to the environment, for Projects where the Eligible Expenditures total is estimated at more than ten million dollars ($10,000,000), unless there is Canada approval.

1.8 The text of section 4 i) (Commitments by Quebec) of the Initial Agreement is revoked and replaced by the following:

  1. Unless otherwise agreed by the Parties, for each stream, Quebec agrees to provide total contribution funding of at least 33.33% of the total Eligible Expenditures for Projects where the Ultimate Recipient is a municipal or regional government as described in paragraph A.2 a) (Ultimate Recipients), except for Projects funded under the COVID-19 resilience infrastructure stream.

1.9 The text of section 4 j) (Commitments by Quebec) of the Initial Agreement is revoked and replaced by the following:

  1. Quebec will allocate a minimum of $14,563,512 from the Community, Culture and Recreation Infrastructure contribution funding allocation under section A.1 a) iii. of Schedule A.1 (Contribution Funding) or from the COVID-19 Resilience Infrastructure funding under section A.1 a) v. of Schedule A.1 (Contribution Funding) to one or more Projects for the benefit of Indigenous peoples not living on reserve that will be prioritized by Quebec according to its needs.

1.10 The text of section 4 k) (Commitments by Quebec) of the Initial Agreement is revoked and replaced by the following:

  1. Quebec agrees to use the federal funding under the Agreement in addition to the funding already planned as part of its PQI, except for contribution funding received under the COVID-19 resilience infrastructure stream under section A.1 a) v. of Schedule A.1 (Contribution Funding), to allow Quebec to carry out more infrastructure Projects or to accelerate those already planned. This use of 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 will be based on the PQI asset classes.

1.11 The text of section 4 m) (Commitments by Quebec) of the Initial Agreement is revoked and replaced by the following:

  1. Quebec 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. Quebec 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 31st, 2021, unless otherwise agreed by the Parties.

1.12 Paragraphs o), p), q) and r) as set out below are added to section 4 (Commitments by Quebec):

  1. Quebec may allocate a maximum of forty-nine million, seven hundred and twenty-two thousand, one hundred and twelve dollars ($49,722,112) 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 vi. of section A.2 c) (Eligible Expenditures).
  2. Quebec will ensure that Ultimate Recipient Agreements with Ultimate Recipients require that any Asset consisting of land purchased or acquired, in whole or in part, with contribution funding provided by Canada under the terms and conditions of the Agreement will be used as Natural Infrastructure for the Asset Disposal Period.
  3. Where Quebec is the Ultimate Recipient, Quebec will ensure that any Asset consisting of land purchased or acquired, in whole or in part, with contribution funding provided by Canada under the terms and conditions of the Agreement will be used as Natural Infrastructure for the Asset Disposal Period.
  4. Quebec acknowledges that for any Project with a federally required Construction Start date of September 30, 2021, as set out in sections 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 has not occur by September 30, 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.

1.13 Section 6 (Fiscal Year Budgeting) of the Initial Agreement is revoked and replaced by the following:

  1. The amount of contribution funding payable by Canada each Fiscal Year will be established as set out in section A.1 b) of Schedule A (Program Details).
  2. If the amount payable by Canada in respect of any Fiscal Year is less than the estimated maximum amount as set out in section A.1 b) of Schedule A (Program Details), Canada will reallocate the difference between the two amounts to a subsequent Fiscal Year, subject to section 5 (Appropriations).

1.14 The first paragraph of section 8 a) (Infrastructure Plan) of the Initial Agreement is revoked and replaced by the following:

  1. Unless otherwise agreed by the Parties, Quebec will send to Canada by November 30th, 2018, and will update and re-send to Canada annually by May 31st, an infrastructure plan deriving from its PQI, to the satisfaction of the Parties, that includes:

1.15 The text of section 8 c) (Infrastructure Plan) of the Initial Agreement is revoked and replaced by the following:

  1. Unless otherwise agreed by the Parties, 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.

1.16 The text of section 9.1 a) (Project Submission and Approval) of the Initial Agreement is revoked and replaced by the following:

  1. Quebec will be responsible for identifying eligible Projects, in consultation with the Ultimate Recipients referred to in paragraph A.2 a) (Ultimate Recipients) and in accordance with current practices in Quebec, prioritizing and submitting them to Canada for a review of their compliance with the Agreement for approval.

1.17 The text of section 9.1 e) (Project Submission and Approval) of the Initial Agreement is revoked and replaced by the following:

  1. Canada will inform Quebec as soon as the Project is found to be compliant with the Agreement and approved, within a reasonable timeframe, through an approval letter. To the extent possible, Canada will provide approval for Projects funded under the COVID-19 resilience infrastructure stream that do not require approval by the Treasury Board of Canada within twenty (20) business days from the time a complete file is submitted by Quebec.

1.18 The text of paragraphs c) and d) of section 10 (Awarding of Contracts) of the Initial Agreement is revoked and replaced by the following:

  1. When a Project is submitted, Quebec will inform Canada if an Ultimate Recipient intends to award a Sole Source Contract valued at $40,000 or more, including applicable taxes, for construction work or $100,000 or more, including applicable taxes, for engineering and architecture work as part of the Project. Canada will need to obtain the required authorizations to approve the Project.
  2. In the event a Project has already been approved and the Ultimate Recipient is preparing to award a Sole Source Contract valued at $40,000 or more, including applicable taxes, for construction work or $100,000 or more, including applicable taxes, for engineering and architecture work as part of the Project, Quebec will inform Canada as soon as possible. Canada will be need to obtain the required authorizations to allow payment of Eligible Expenditures related to the Sole Source Contract.

1.19 Section 11 (Presentation of Project Progress Reports) of the Initial Agreement is revoked and replaced by the following:

  1. Unless otherwise agreed by the Parties, Quebec will submit to Canada, no later than May 31st and November 30th each Fiscal Year, a Project progress report in a format acceptable to the Parties for all Projects except:
    1. Projects where the Ultimate Recipient is a community with a population of fewer than five thousand (5,000) people, which will be included in the Project progress report submitted to Canada no later than May 31st 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 of 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 the Parties from an official duly authorized by Quebec to the effect that the information contained in the report is accurate based on the information received and available. The Project progress report will include the following updated information for each Project:
    1. Canada's financial contribution to the Project by Fiscal Year;
    2. Construction start and end dates (forecast/actual);
    3. Project status (e.g., percentage of progress);
    4. Risks and mitigation strategies, where required;
    5. Confirmation that the Project is aligned with the direct and measurable outcomes or, for Projects that are Substantially Completed, confirmation of the actual direct and measurable outcomes; 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 an attestation in a format acceptable to the Parties from an official duly authorized by Quebec to the effect that the information contained in the report is accurate and that the Eligible Expenditures were incurred in accordance with the terms and conditions of the Agreement and may include, at Quebec's option, a claim in accordance with section 12.1 (Claims and Payments). The Project progress report will include the following information for each Project:
    1. Estimated total Eligible Expenditures;
    2. Total Eligible Expenditures to date;
    3. Project status (e.g., percentage of progress);
    4. Construction Start and end dates (forecast/actual); and
    5. Confirmation of installed Project signage, if applicable.
  4. 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, Quebec will complete all Project progress report requirements set out in paragraphs a) and b), if applicable, of this section to the satisfaction of the Parties no later than December 31st, 2027. For all Projects funded under the COVID-19 resilience infrastructure stream, Quebec will complete all the reporting requirements set out in paragraphs a) and c) of this section to the satisfaction of Canada no later than July 31st, 2022, or July 31st, 2023, for Projects in Remote Communities.
  5. Quebec agrees that Canada may use the information submitted by Quebec under this section in its public reports on the results of the Program.

1.20 Section 12.1 (Claims and Payments) of the Initial Agreement is revoked and replaced by the following:

  1. Quebec will submit a claim to Canada covering the Eligible Expenditures for all Projects, as and when required, in a form acceptable to both Parties. Each claim will include the following items:
    1. A certified and signed claim in a format acceptable to the Parties, from an official duly authorized by Quebec, indicating that the Eligible Expenditures were incurred in accordance with the terms and conditions of the Agreement.
    2. Canada will not have the obligation to pay its contribution funding unless and until Canada has received and is satisfied with all relevant Project information as specified in sections 11 b) and c), as well as all information mentioned in section 12.1 a) i.
  2. For Projects funded under the COVID-19 resilience infrastructure stream, Quebec may, at its option, submit a claim to Canada for Eligible Expenditures as part of the Project progress report, in accordance with section 11 (Presentation of Project Progress Reports).
  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, Quebec will submit a final claim to Canada for payment of Eligible Expenditures no later than December 31st, 2027. For all Projects funded under the COVID-19 resilience infrastructure stream, Quebec will submit a final claim to Canada for payment of Eligible Expenditures no later than July 31st, 2022, or July 31st, 2023, for Projects in Remote Communities.
  4. Canada will make a payment to Quebec promptly upon review and acceptance of a claim, in accordance with the terms and conditions of the Agreement.
  5. For Projects funded under the COVID-19 resilience infrastructure stream for which the progress report includes a claim, Canada will make a payment to Quebec promptly upon review and acceptance of the Project progress report, in accordance with section 11 (Presentation of Project Progress Reports), under the terms and conditions of the Agreement.

1.21 Paragraph b) of section 12.2 (Payment Conditions) is revoked and replaced by the following:

  1. will pay a final claim for a Project once it has received and accepted:
    1. The latest report required for this Project under the Agreement in section 11 (Presentation of Project Progress Reports);
    2. The audit reports described in section 15 (Audit);
    3. An attestation from an official duly authorized by Quebec and in a format accepted by the Parties indicating that the Project is Substantially Completed and that the federal contribution under the Agreement has been used for Eligible Expenditures;
    4. The Parties will have jointly completed a final reconciliation of all claims and payments under the Project and made any required adjustments;

1.22 Paragraph c), as set out below, is added to section 12.2 (Payment Conditions):

  1. will not pay any claim related to the cost of land acquisition until Quebec has provided demonstration acceptable to Canada that such land is directly related to the development of Natural Infrastructure for a Project that aligns with an outcome of the adaptation, resilience and disaster mitigation sub-stream as set out in subparagraph c) vi. (Eligible Expenditures) of Schedule A.2 (General Program Requirements);

1.23 The text of section 12.3 b) (Payment Deadline) of the Initial Agreement is revoked and replaced by the following:

  1. 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.

1.24 The text of section 13 a) (Administrative Expenses) of the Initial Agreement is revoked and replaced by the following:

  1. Quebec may allocate up to a maximum of $75,359,300 to Administrative Expenses as defined in section 1.1 (Definitions) as set out in section A.2 c) of Schedule A (Eligible Expenditures).

1.25 The text of section 13 c) (Administrative Expenses) of the Initial Agreement is revoked and replaced by the following:

  1. Quebec will apply a percentage of the contribution funding, as approved by Canada in section 13 b), to each stream identified in sections A.1 a) i. through A.1 a) iv. of Schedule A.1 (Contribution Funding), for the total Administrative Expenses referred to in section 13 a).

1.26 Paragraph d) of section 20.1 (Disposal of Assets) is revoked and replaced by the following:

  1. In the event that Quebec is the Ultimate Recipient, for any Asset other than land purchased or acquired with a financial contribution from Canada under the Agreement, if at any time within the Asset Disposal Period, Quebec sells, leases or otherwise disposes of, directly or indirectly, any Asset purchased, acquired, constructed, rehabilitated or renovated, in whole or in part, under the Agreement, other than to Canada, a municipal or regional organization as outlined in section A.2 a) (Ultimate Recipients), or with Canada's consent, Quebec may be required to reimburse Canada, in whole or in part, any federal funding received for the Project.

1.27 Paragraph e), as set out below, is added to section 20.1 (Disposal of Assets):

  1. For any Asset consisting of land purchased or acquired with contribution funding from Canada under the Agreement, if at any time during the Asset Disposal Period, an Ultimate Recipient proposes to sell or lease the land or to dispose of it, directly or indirectly, Quebec will:
    1. Obtain written confirmation from Canada, prior to the disposition of the land, of the amount to be reimbursed to Canada;
    2. Obtain a written attestation from the Ultimate Recipient to the effect that the amount to be paid for the sale of the land is equal to or exceeds the Fair Market Value; and
    3. Reimburse Canada, in whole or in part, at its request and as agreed to in section 20.1 e) i., for the amount corresponding to the funding provided by Canada under the Agreement that was used to purchase or acquire the land.

1.28 Section 20.2 (Revenue from Assets) of the Initial Agreement is revoked and replaced by the following:

The Parties acknowledge that Canada's contribution to a Project is meant to accrue to the public benefit. Quebec 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 subparagraph d) of paragraph ii. of section A.2 a) (Ultimate Recipients) of Schedule A is used in such a way that, in the Fiscal Year, revenues are generated from it that exceed its operating expenses. Canada may require Quebec 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.

1.29 Schedule A (Program Details) is revoked and replaced by the following:

A.1 Contribution funding

  1. Canada's contribution

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

    1. Under the public transit stream, up to four billion, three hundred and ninety-four million, nine hundred and forty-one thousand, three hundred and twenty-four dollars ($4,394,941,324), to be paid in accordance with Schedules A.2 (General Program Requirements) and A.3 (Public Transit). Canada will add to this amount any residual amounts from the Public Transit Infrastructure Fund (PTIF), if applicable;
    2. Under the green infrastructure stream, up to two billion, one hundred and ninety-two million, six hundred and twenty-eight thousand, two hundred and forty-four dollars ($2,192,628,244), to be paid in accordance with Schedules A.2 (General Program Requirements) and A.4 (Green Infrastructure). Canada will add to this amount any residual amounts from the Clean Water and Wastewater Fund to be used for Projects under the environmental quality sub-stream, if applicable;
    3. Under the community, culture and recreation infrastructure stream, up to two hundred and twenty-seven million, three thousand and twenty-eight dollars ($227,003,028), to be paid in accordance with Schedules A.2 (General Program Requirements) and A.5 (Community, Culture and Recreation Infrastructure);
    4. Under the rural and northern communities infrastructure stream, up to two hundred and eighty-eight million, four hundred and sixty-five thousand, three hundred and twenty-four dollars ($288,465,324), 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 four hundred and thirty-two million, nine hundred thousand dollars ($432,900,000), to be paid in accordance with Schedules A.2 (General Program Requirements) and A.7 (COVID-19 Resilience Infrastructure);
  2. Estimated Breakdown by Fiscal Year

    The annual breakdown of the estimated cash flows for the envelopes allocated to each stream will be provided by Quebec by March 31st, 2021, and will form an integral part of the Agreement. Canada's total contribution funding, including contribution funding for all approved and future Projects and for Administrative Expenses as established under section 13 (Administrative Expenses), will be allocated in accordance with the approximate amounts in this breakdown, which may be updated by the Oversight Committee(s).

A.2 General Program Requirements

  1. Ultimate Recipients
    1. Quebec may be an Ultimate Recipient and may distribute Canada's contribution funding to its own Projects, subject to the terms and conditions of the Agreement.
    2. Quebec may further distribute Canada's contribution funding to the following Ultimate Recipients for Projects, subject to the terms and conditions of the Agreement:
      1. A municipal or regional administration established by or under Quebec statute or regulations;
      2. A public sector body that is established by or under provincial statute or regulation or is wholly owned by Quebec or a municipal or regional administration, including a corporation or transportation authority established by a provincial or municipal administration;
      3. When working in collaboration with a municipality, a public or not-for-profit institution that is directly or indirectly authorized, under the terms and conditions 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. For-profit organizations must work in collaboration with one or more of the above mentioned entities or an Indigenous Ultimate Recipient referred to below;
      5. The following Indigenous Ultimate Recipients:
        1. A First Nation, Inuit or Métis* government or authority established pursuant to a self-government agreement or a comprehensive land claim agreement that has been approved, given effect and declared valid by federal legislation;
        2. A First Nation, Inuit or Métis* government that is established by or under federal or provincial legislation that incorporates a governance structure, including the government of a First Nations band;
        3. A not-for-profit organization whose central mandate is to improve Indigenous outcomes.

          * Canada's recognition of the Métis as Indigenous Ultimate Recipients under the Investing in Canada Program does not affect Quebec's position that the Métis are not recognized as an Aboriginal group by the Government of Quebec.

  2. Eligible Projects
    1. Eligible Projects 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 direct and measurable 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 the Parties to be direct and necessary for the successful implementation of an eligible Project, which may include capital costs, design and planning, and costs related to compiling the direct and measurable outcomes, except for expenses that are explicitly mentioned in paragraph A.2 e) (Ineligible Expenditures);
    2. Quebec's Administrative Expenses as approved by Canada under section 13 (Administrative Expenses);
    3. The costs of work undertaken by an Ultimate Recipient may be included as Eligible Expenditures for a Project, subject to Canada's prior approval. The Ultimate Recipient will provide Quebec, who will in turn provide to Canada, with a summary rationale, developed in accordance with Quebec's current practices, for the use of work undertaken by the Ultimate Recipient for a Project;
    4. Costs will only be eligible as of Project approval, except for the following costs, which will be eligible if Incurred before a Project is approved by Canada for contribution funding under this Agreement, but can only be paid if and when the Project is approved by Canada:
      1. Costs associated with completing climate change assessments as outlined in paragraph g) of section 4 (Commitments by Quebec);
      2. Costs associated with Indigenous consultation activities, which are retroactively eligible from February 15th, 2018, for Projects approved after February 7th, 2019.
    5. Other costs which, according to the Oversight Committee(s), are direct and necessary costs for the proper implementation of Projects and were approved in writing prior to being incurred.
    6. Land acquisition costs, subject to demonstration acceptable to Canada that such land is directly related to the development of Natural Infrastructure for a Project that aligns with an outcome of the adaptation, resilience and disaster mitigation sub-stream described in the Green Infrastructure Direct and Measurable Outcomes Table, as set out in section A.4 c) (Direct and Measurable Outcomes of Eligible Projects).
  4. Ineligible Projects

    Investments in health care and education facilities are not eligible for contribution funding according to the terms of this Agreement, except as otherwise specified in paragraph c) (Ineligible Projects) of Schedule A.5. (Community, Culture and Recreation Infrastructure), paragraphs b) (Direct and Measurable Outcomes of Eligible Projects) and c) (Ineligible Projects) of Schedule A.6 (Rural and Northern Communities Infrastructure) and paragraph 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 Project approval by Canada and any and all expenditures related to contracts signed prior to Project approval by Canada, except for:
      1. Costs associated with completing climate change assessments as required under section 4 g) (Commitments by Quebec);
      2. Costs associated with Indigenous consultation activities, which are retroactively eligible from February 15th, 2018, for Projects approved after February 7th, 2019.
    2. Costs incurred for cancelled Projects;
    3. Costs of relocating entire communities;
    4. Costs related to land acquisition, with the exception of the costs set out in paragraph vi. of section A.2 c) (Eligible Expenditures);
    5. Costs related to leasing lands, buildings and other facilities; leasing equipment other than equipment directly related to 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. Costs associated with any goods and services 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 regular 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. Costs related to furnishings and non-fixed assets that are not essential for the operation of the asset or 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 confirms that its environmental assessment and Indigenous consultation obligations are respected;
    13. Land acquisition in cases where it is the sole Project component;
    14. Costs associated with the acquisition of publicly-owned land.

A.3 Public Transit

  1. Objective:

    The public transit stream will establish new public transit systems or rehabilitate existing systems, expand services and develop active transportation infrastructure that will transform the way Canadians live, move and work.

  2. Canada's Contribution
    1. Allocation to Ultimate Recipient
      1. Unless otherwise agreed by the Parties, Quebec agrees to allocate Canada's public transit stream contribution funding, initially set at $5,182,392,771 and revised to $4,394,941,324, to each Ultimate Recipient based on ridership as set out in the Public Transit Sub-Allocation Table:
        Public Transit Sub-Allocation Table

        Ultimate Recipient

        Ridership (Initial Agreement)

        Envelope

        (Initial Agreement)

        Revised Envelope (Amendment

        No. 1)

        Société de transport de Montréal

        416,954,328

        $3,740,800,056 

        $2,953,348,609

        Réseau de transport de Longueuil

        33,655,775

        $301,950,397

        $301,950,397

        Société de transport de Laval

        22,032,829

        $197,672,509

        $197,672,509

        Réseau de transport de la Capitale

        45,983,186

        $412,548,553

        $412,548,553

        Société de transport de l'Outaouais

        19,291,282

        $173,076,100

        $173,076,100

        Société de transport de Sherbrooke

        7,645,200

        $68,590,641

        $68,590,641

        Société de transport de Saguenay

        4,302,272

        $38,598,806

        $38,598,806

        Société de transport de Lévis

        3,970,849

        $35,625,370

        $35,625,370

        Société de transport de Trois-Rivières

        3,450,263

        $30,954,815

        $30,954,815

        Autorité régionale de transport métropolitain et Réseau de transport métropolitain

        20,350,100

        $182,575,525

        $182,575,525

        Total

        577,636,084

        $5,182,392,771

        $4,394,941,324

      2. Recognizing that public transit needs may change over time, Quebec may, in agreement with affected public transit authorities, reallocate contribution funding to each of the Ultimate Recipients listed in the Public Transit Sub-Allocation Table at paragraph a) of this section or to other eligible Ultimate Recipients. Canada must approve reallocations before they take place.
      3. Quebec agrees that a maximum of seven hundred and seventy-seven million, three hundred and fifty-eight thousand, nine hundred and sixteen dollars ($777,358,916) of Canada's contribution pursuant to section A.1 a) i. of this schedule may be paid to public transit rehabilitation Projects, unless otherwise approved by Canada, it being understood that the purchase of new vehicles, even to replace existing vehicles, is considered a new Project rather than a rehabilitation Project. This amount may be revised by the Parties, including, but not limited to, three years after the date of the last signature, and again five years after the date of the last signature to reflect Quebec's needs. Any requests must be justified and assessed by the Oversight Committee, subject to section 21.9 (Amendments).
      4. Subject to approval by Canada and Quebec's confirmation to Canada regarding the Ultimate Recipient Agreements reached with the affected Ultimate Recipients, Quebec 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. Direct and Measurable Outcomes of Eligible Projects

    Projects eligible for public transit stream contribution funding under the Agreement, as well as planning Projects described in section A.2 b) ii. (Eligible Projects), must align with at least one of the outcomes set out in the Public Transit Direct and Measurable Outcomes Table.

    Public Transit Direct and Measurable Outcomes Table

    Improved capacity of public transit infrastructure

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

    Improved access to public transit

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

  4. Ineligible Projects

    A Project is not eligible for contribution funding under the 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 or ferry infrastructure that is not part of a public transit system, unless the Construction Start for the project can occur by September 30th, 2021;
    3. Is a stand-alone pathway or active transportation project, unless the 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 the Agreement will be up to:
      1. Forty percent (40%) of Eligible Expenditures for new construction and expansion of public transit and active transportation;
      2. Fifty percent (50%) of Eligible Expenditures for public transit rehabilitation Projects; or
      3. Twenty-five percent (25%) of Eligible Expenditures for any for-profit, private sector Ultimate Recipient, notwithstanding subparagraph a) or b) of this paragraph.
    2. If Canada's total funding towards a Project under the public transit stream exceeds the federal funding limits set out in subparagraph i. of this paragraph, 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 Quebec or reduce its contribution by an amount equal to the excess.
    3. 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. Stream-Specific Requirements

    Each Project that aligns with one of the direct and measurable outcomes in Table A.3 c) must meet the following specific requirement for that stream, where applicable:

    1. Public transit refers to modes of public transportation that allow for the movement of passengers within or outside an urban (metropolitan) or municipal setting. As such, projects involving pathways and active transportation infrastructure, 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, or 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. It also ensures the maintenance of water supply and sewer assets. This stream includes the following three sub-streams:

    1. Climate change mitigation;
    2. Adaptation, resilience and disaster mitigation; and
    3. Environmental quality.
  2. Canada's Contribution
    1. Allocation to Sub-Streams
      1. Quebec agrees to allocate a minimum of $813,634,559 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 13 (Administrative Expenses). This minimum of $813,634,559 may be revised by the Parties, including, but not limited to, three years after the date of the last signature, and again five years after the date of the last signature, to reflect the needs of Quebec. Any requests must be justified and assessed by the Oversight Committee, subject to section 21.9 (Amendments).
  3. Direct and Measurable Outcomes of Eligible Projects

    Projects eligible for contribution funding under the green infrastructure stream of the Agreement, as well as planning Projects, described in section A.2 b) ii. (Eligible Projects), must align with at least one of the outcomes described in the Green Infrastructure Direct and Measurable Outcomes Table.

    Green Infrastructure Direct and Measurable Outcomes Table

    Climate Change Mitigation Sub-Stream Outcomes:

    Increased capacity to manage more renewable energy sources

    Increased access to clean energy transportation

    Increased energy efficiency of buildings

    Increased capacity to produce clean energy

    Adaptation, Resilience and Disaster Mitigation Sub-Stream Outcomes:

    Increased structural capacity and/or natural capacity to adapt to climate change impacts, natural disasters and/or extreme weather events

    Environmental Quality Sub-Stream Outcomes:

    Asset maintenance and upgrading of wastewater treatment and collection infrastructure

    Asset maintenance and upgrading of drinking water treatment and distribution infrastructure

    Increased capacity to reduce or eliminate pollutants from soil and/or the atmosphere

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

  4. Ineligible Projects
    1. Under the Climate change mitigation sub-stream, a Project is not eligible for a financial contribution under the 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 or ferry infrastructure that is not part of a public transit system, unless the Construction Start for the Project can occur by September 30th, 2021;
      3. Is an energy retrofit Project, unless the Project involves an asset 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. Under the Adaptation, resilience and disaster mitigation sub-stream, a Project is not eligible for a financial contribution under the Agreement if it:
      1. Relocates a whole community;
      2. Involves emergency services infrastructure; or
      3. Addresses seismic risks.
    3. Under the Environmental quality sub-stream, a Project is not eligible for a financial contribution under the Agreement if it is a pathway or active transportation project, unless the 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 the Agreement will be up to:
      1. Fifty percent (50%) of Eligible Expenditures for Projects carried out by Quebec;
      2. Forty percent (40%) of Eligible Expenditures for municipal and regional administrations and not-for-profit organizations;
      3. Seventy-five percent (75%) of Eligible Expenditures for Indigenous Ultimate Recipients;
      4. Twenty-five percent (25%) of Eligible Expenditures for any for-profit, private sector Ultimate Recipients, notwithstanding subparagraphs a), b) or c) of this paragraph.
    2. The maximum funding to a Project under the green infrastructure stream from all federal sources will not exceed the limits set out in subparagraph i. of this paragraph, except for Indigenous Ultimate Recipients, which may access up to one hundred percent (100%) of Eligible Expenditures from all federal sources, subject to approval from Canada.
    3. If Canada's total contribution towards a Project under the green infrastructure stream exceeds the federal funding contribution limits set out in subparagraphs i. and ii. of this paragraph, 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 Quebec or reduce its contribution by an amount equal to the excess.
    4. Canada's total contribution to all Projects under the green infrastructure stream will not exceed the amount set out in section A.1 a) ii. of this schedule.
  6. Stream-Specific Requirements
    1. Each Project that aligns with one of the direct and measurable outcomes of the Climate change mitigation sub-stream in Table A.4 c) must meet the following specific requirements, as applicable:
      1. Public transit refers to modes of public transportation that allow for the movement of passengers within or outside an urban (metropolitan) or municipal setting. As such, projects involving first-mile – last mile active transportation connections to a transit system, was well as Projects related to inter-community bus, rail, port or 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, or ferry infrastructure Project that is not part of a public transit system.
    2. Each Project that aligns with one of the direct and measurable outcomes of the Environmental quality sub-stream in Table A.4 c) must meet the following specific requirements, where applicable:
      1. Wastewater Projects must result in wastewater effluent that, where applicable, meets Regulation respecting municipal wastewater treatment works requirements;
      2. Drinking water quality following completion of a drinking water Project must meet or exceed Quebec's standards;
      3. Solid waste diversion Projects must result in a measurable increase in the quantity of materials diverted from disposal as measured against a baseline using the generally accepted principles in Quebec to calculate the flow rate of the municipal solid waste management systems;
      4. Projects that reduce or mitigate soil pollutants must be carried out on properties that are contaminated, as confirmed by a characterization study as per the Land Characterization Guide under the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37). Projects that reduce or mitigate soil pollutants that are located on federal land must be carried out 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. Community infrastructure is defined as a meeting and community activity centre. 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.

  2. Direct and Measurable Outcomes of Eligible Projects

    Projects eligible for community, culture and recreation infrastructure stream contribution funding under the Agreement, as well as planning Projects described in section A.2 b) ii. (Eligible Projects), must align with the outcomes described in the Community, Culture and Recreation Infrastructure Stream Direct and Measurable Outcomes Table.

    Community, Culture and Recreation Infrastructure Stream Direct and Measurable Outcomes Table

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

  3. Ineligible Projects
    1. Under the community, culture and recreation infrastructure stream, a Project is not eligible for contribution funding under the Agreement if it:
      1. Is carried out by a private sector, for-profit Ultimate Recipient;
      2. Is a stand-alone daycare facility, a for-profit daycare facility, a daycare facility associated with a school board, or a daycare facility funded by Canada 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. For community infrastructure Projects that align with a direct and measurable outcome in the Community, Culture and Recreation Infrastructure Outcomes Table, elements of the Project that would not be considered eligible for funding under the Agreement include dedicated spaces for healthcare, education or tourism purposes, provincial or municipal services, or for-profit uses, 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 that is approved for community, culture and recreation infrastructure stream contribution funding under the Agreement will be up to:
      1. Fifty percent (50%) of Eligible Expenditures for Projects carried out by Quebec;
      2. Forty percent (40%) of Eligible Expenditures for municipal and regional administrations and not-for-profit organizations;
      3. Seventy-five percent (75%) of Eligible Expenditures for Indigenous Ultimate Recipients, notwithstanding subparagraphs a) and b) of this paragraph.
    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 Canada'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 with respect to the total Project costs exceeds one hundred percent (100%) thereof, Canada may recover the excess from Quebec 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 may not exceed the amount set out in section A.1 a) iii. of this schedule.
  5. Stream-Specific Requirements

    Each Project that aligns with one of the direct and measurable outcomes in Table A.5 b) must meet the following specific requirements, where applicable:

    1. Community, culture and recreation Projects must be community-oriented, non-commercial in nature, open for use to the public and not limited to a private membership;
    2. Quebec will prioritize assets that serve vulnerable populations;
    3. Quebec must confirm that the primary rationale for undertaking a sport infrastructure Project is not to serve as the home facility for a professional or semi-professional sports team;
    4. Health and education facilities must benefit Indigenous people by advancing the Truth and Reconciliation Commission's Calls to Action.

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.

  2. Direct and Measurable Outcomes of Eligible Projects
    1. Projects eligible for rural and northern communities stream contribution funding under this Agreement:
      1. As well as planning Projects, described in section A.2 b) ii. (Eligible Projects), must align with at least one of the outcomes in the Rural and Northern Communities Infrastructure Stream Direct and Measurable Outcomes Table; or
        Rural and Northern Communities Infrastructure Stream Direct and Measurable Outcomes Table

        Improved food security as defined by the United Nations Committee on World Food Security

        Improved and/or more reliable road, air and/or marine infrastructures as compared with their initial state

        Improved broadband connectivity, including Internet and mobile wireless infrastructure

        Access to more efficient (e.g., replacing a diesel system) and/or reliable energy sources

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

      2. May, subject to approval by Canada, align with at least one of the outcomes in the tables of direct and measurable outcomes for the public transit stream, the green infrastructure stream or the community, culture and recreation infrastructure stream.
  3. Ineligible Projects

    A Project is not eligible for contribution funding under the Agreement if it is:

    1. Privately-owned housing;
    2. An early learning and childcare facility;
    3. A health facility, or an education facility, except those approved by Canada and that benefit Indigenous people by advancing the Truth and Reconciliation Commission's Calls to Action;
    4. Highway or trade corridor infrastructure, except for portions that connect communities that do not already have year-round road access;
    5. Resource development infrastructure, notably industrial resource development access roads; or
    6. A mobile wireless project, unless the 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 the Agreement will be up to:
      1. Fifty percent (50%) of Eligible Expenditures for Projects carried out by Quebec, municipal and regional administrations with a population of five thousand (5,000) or more and not-for-profit Ultimate Recipients;
      2. Sixty percent (60%) of Eligible Expenditures for Projects carried out by municipal and regional administrations 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 private sector for-profit Ultimate Recipients, except for for-profit private sector Ultimate Recipients carrying out a Project under the “Improved broadband connectivity, including Internet and mobile wireless infrastructure” outcome identified in the Rural and Northern Communities Infrastructure Stream Direct and Measurable Outcomes Table, for which the maximum funding from all federal sources will be up to:
        1. Fifty percent (50%) of Eligible Expenditures for Projects carried out in Quebec;
        2. Seventy-five percent (75%) of Eligible Expenditures for Projects carried out in communities that are governed by one of the entities listed in the text of section A.2 a) ii. e) (Ultimate Recipients).
    2. The maximum funding to a Project under the rural and northern communities infrastructure stream from all federal sources cannot exceed the limits set out in paragraph i., except for Indigenous Ultimate Recipients, which may access up to one hundred percent (100%) of Eligible Expenditures from all federal sources.
    3. If Canada'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 with respect to a Project exceeds one hundred percent (100%) of the total Project costs, Canada may recover the excess from Quebec 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 cannot exceed the amount as set out in section A.1 a) iv. of this schedule.
  5. Stream-Specific Requirements
    1. Projects that align with one of the direct and measurable outcomes in Table A.6 b) i. a) must meet the following specific requirements, where applicable:
      1. All Projects must be carried out in rural or northern communities and must directly benefit the aforementioned communities with a population of one hundred thousand (100,000) or less based on 2016 Statistics Canada Census data;;
      2. Projects must encourage reconciliation with Indigenous people 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.
  6. A.7 COVID-19 Resilience Infrastructure Stream

    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 the Agreement must comply with a project category and sub-category in the COVID-19 Resilience Infrastructure Project Categories and Sub-Categories Table.

      COVID-19 Resilience Infrastructure Project Categories and Sub-Categories Table

      Project Categories

      Project Sub-categories

      1. Retrofits, repairs and upgrades
      • Municipal (local government) and provincial/territorial/Indigenous buildings
      • Health infrastructure
      • Educational infrastructure
      1. 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
      1. Active Transportation Infrastructure
      • Active transportation infrastructure, including parks, pathways, foot bridges, bike lanes and multi-use paths
      1. 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 is:

      1. tourism infrastructure;
      2. facility that serves as a home to a professional sports team;
      3. 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 the Agreement will be up to:
        1. Eighty percent (80%) of Eligible Expenditures for municipalities, regional governments, not-for-profit organizations and Quebec;
        2. One hundred percent (100%) of Eligible Expenditures for Indigenous Ultimate Recipients;
        3. Twenty-five percent (25%) of Eligible Expenditures for any for-profit private sector Ultimate Recipient.
      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 Canada'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 Quebec 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 set out in section A.1 a) i. 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 estimated total 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 the Parties.
      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.

    1.30 Schedule D (Project Submission Information) is revoked and replaced by the following:

    Schedule D – Project Submission Information

    1. 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, the following information will be provided to Canada for each Project and accompanied by an attestation from an official duly authorized by Quebec that the Project meets the provisions of the Agreement:
      1. Unique Project Identifier;
      2. Eligible investment stream(s);
      3. The type and name of the Ultimate Recipient;
      4. Project title;
      5. The description of the Project, including the characteristics of the Project and an explanation of the relationship between the Project and the direct and measurable outcome or outcomes that apply to the Project;
      6. Project financial information;
        1. Total Project Costs
        2. Total Eligible Expenditures
        3. Program contribution – Stream 1 (specify)
        4. Program contribution – Stream 2 (specify)
        5. Quebec contribution
        6. Ultimate Recipient contribution
        7. Other contribution(s) – indicate each source and its respective contribution, including other federal sources
        8. Breakdown for Fiscal Year (April 1st to March 31st)—the amount Quebec plans to claim from Canada for the Program contribution
      7. The nature of the Project (new construction, rehabilitation, expansion or other—provide the percentage for each);
      8. Asset ownership and operator—indicate whether the Ultimate Recipient will be the owner and operator of the Property. Otherwise specify the arrangement;
      9. Project location (provide KML file with Project location details);
      10. Expected Project Construction Start and end dates;
      11. Procurement and delivery—indicate whether a sole source contract of $40,000 or more, including applicable taxes, will be awarded for construction and whether a sole source contract of $100,000 or more, including applicable taxes, will be awarded for engineering and architectural work.
      12. Expected direct and measurable outcomes, as defined in the tables in schedules A.3 (Public Transit), A.4 (Green Infrastructure), A.5 (Community, Culture and Recreation Infrastructure) and A.6 (Rural and Northern Communities Infrastructure);
      13. The indicators, as defined by the Oversight Committee(s), that apply to the Project and that will be used to measure the expected direct and measurable outcomes, and for Substantially Completed Projects, the actual direct and measurable outcomes;
      14. Estimated targets, if any;
      15. Climate change assessments or the Declaration of Conformity for Projects that pose a low risk to the environment, in accordance with section 4 g);
      16. Community employment benefits, in accordance with section 4 h);
      17. Risks and mitigation strategies, where applicable, considering the complexity of the Project, the Project's readiness, public awareness, and Ultimate Recipient capacity.
    2. For Projects funded under the COVID-19 resilience infrastructure stream, the following information will be provided to Canada for each Project and will be accompanied by an attestation from an official duly authorized by Quebec that the Project meets the provisions of the Agreement:
      1. Unique Project Identifier;
      2. The type and name of the Ultimate Recipient;
      3. Project title;
      4. The description of the Project, including:
        1. An explanation of the relationship between the Project and the response to the pandemic or economic recovery;
        2. A brief but meaningful description of the main objectives and benefits of the Project;
        3. An explanation of how the Project will align with the Project category and asset type;
      5. The category and type of Project assets, as defined in the table in Schedule A.7 (COVID-19 Resilience Infrastructure);
      6. The subtype of asset, if applicable;
      7. Project financial information;
        1. Total Eligible Expenditures;
        2. Program contribution;
        3. The contribution from each source of funding for the Project;
      8. Project location (provide KML file with Project location details) and confirmation that it is a remote community, if applicable;
      9. Expected Project Construction Start and end dates;
      10. Whether Quebec has a duty to consult with Indigenous groups for this Project;
      11. A Smart Form for Environmental Assessment and Indigenous Consultation (PDF);
      12. Additional information, at Canada's request, if required to confirm the eligibility of the Project.
    3. For all Projects requiring a Treasury Board submission, Quebec agrees to provide additional information in accordance with section 9.1 d).

    2. Effect of the amendments

    • 2.1 All capitalized terms used in this Amendment No. 1 have the meaning ascribed to them in the Agreement.
    • 2.2 Except for the amendments provided for in this Amendment 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 Amendment No. 1 may be signed in counterpart, and the signed copies will, when attached, constitute Amendment No. 1 and form part of the Agreement.
    • 2.4 This Amendment No. 1 shall be effective as of the date this agreement is signed by the last Party.

    3. Signatures

    This Amendment No. 1 is signed on behalf of Her Majesty the Queen in right of Canada by the Minister of Infrastructure and Communities, and on behalf of the Government of Quebec by the Minister of Finance and the Minister responsible for Canadian Relations and the Canadian Francophonie.

    HER MAJESTY THE QUEEN IN RIGHT OF CANADA

    HER MAJESTY THE QUEEN IN

    THE GOVERNMENT OF QUEBEC

    The Honourable Catherine McKenna

    Minister of Infrastructure and Communities

    The Honourable Eric Girard

    Minister of Finance

    Date

    Date

    Sonia LeBel

    Minister responsible for Canadian Relations and
    the Canadian Francophonie

    Date

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