Integrated Bilateral Agreement (for the Investing in Canada Infrastructure Program)
Canada - Alberta

Canada — Alberta Integrated Bilateral Agreement for the Investing In Canada Infrastructure Program - Amended and Restated Agreement

Canada — Alberta Integrated Bilateral Agreement for the Investing In Canada Infrastructure Program - Amended and Restated Agreement (PDF)

This Amended and Restated Agreement is made as of the date of last signature

BETWEEN: HIS MAJESTY IN RIGHT OF CANADA, as represented by the Minister of Infrastructure and Communities, hereinafter referred to as the Minister of Intergovernmental Affairs, Infrastructure and Communities (“Canada”)

AND: HIS MAJESTY IN RIGHT OF ALBERTA, as represented by the Minister of Infrastructure (“Alberta”)

individually referred to as a “Party” and collectively referred to as the “Parties”. This amended and restated Agreement (“the Agreement”) amends, restates, and replaces in its entirety the Integrated Bilateral Agreement for the ICIP entered into on April 3, 2018 (“Former Agreement”) to reflect the changes to the Investing in Canada Infrastructure Program (ICIP). As of the date this Agreement is signed by the last Party, the Former Agreement is amended, restated and replaced in its entirety by this Agreement.

WHEREAS the Government of Canada announced in Budget 2016 and Budget 2017 over $180 billion for the Investing in Canada Plan to support sustainable and inclusive communities, while driving economic growth;

WHEREAS the Minister of Intergovernmental Affairs, Infrastructure and Communities is responsible for the ICIP and wishes to provide financial support to Alberta for Projects under this Agreement;

WHEREAS the Government of Canada proposes to deliver up to a maximum of $3,663,756,375 to Alberta in five key areas: public transit; green infrastructure; community, culture and recreation infrastructure; rural and northern communities infrastructure; and COVID-19 resilience infrastructure.

WHEREAS the Parties entered into the Former Agreement on April 3, 2018, setting out the terms and conditions for Canada’s contribution under the Canada-Alberta Integrated Bilateral Agreement for the ICIP;

WHEREAS the Parties amended the Former Agreement (“Amending Agreement No. 1”) on January 8, 2019, increasing the commitment to Alberta from up to a maximum $3,397,857,039 to up to a maximum $3,647,157,039 in four key areas: public transit; green infrastructure; community, culture and recreation infrastructure; and rural and northern communities infrastructure;

WHEREAS the Parties amended the Former Agreement (“Amending Agreement No. 2”) on October 28, 2020, to create a new COVID-19 resilience infrastructure stream to support pandemic response and economic recovery efforts;

WHEREAS the Parties amended the Former Agreement (“Amending Agreement No. 3”) on January 21, 2021, to transfer funds from the Public Transit stream to the COVID-19 resilience infrastructure stream;

WHEREAS the Parties amended the Former Agreement (“Amending Agreement No. 4”) on July 29, 2021, to include the addition of a fifth project category to the COVID-19 resilience infrastructure stream to support ventilation improvements in publicly-owned buildings as well as transfer funds from the Rural and Northern Communities Infrastructure stream to the COVID-19 Resilience Infrastructure stream;

WHEREAS the Parties amended the Former Agreement (“Amending Agreement No. 5”) on November 22, 2022, to reflect changes made to the ICIP, including additional funding for category 5 under the COVID-19 resilience infrastructure stream to support ventilation improvements in publicly-owned buildings; and a number of program changes introduced by Budget 2022;

WHEREAS the Government of Canada has made a commitment to renewing the relationship between Canada and Indigenous peoples based on recognition of rights, respect, co-operation and partnership, where all mandate letters from the Prime Minister highlight the Government of Canada’s commitment to a renewed, nation-to-nation relationship with Indigenous peoples.

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

1. Interpretation

1.1. Definitions
In addition to the terms and conditions defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this section.

“Administrative Expenses” means costs Incurred by Alberta related to implementing this Agreement, including costs for incremental staff needed to deliver the Program, conduct Program intakes, review project applications, announce Projects, install signage, develop the Alberta infrastructure plan, develop information technology systems and undertake reporting.

“Agreement” means this integrated bilateral agreement and all its schedules, as may be amended from time to time.

“Agreement End Date” means March 31, 2034.

“Asset” means any real or personal property, or immovable or movable asset, acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with contribution funding provided by Canada under the terms and conditions of this Agreement.

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

“Communications Activity” or “Communications Activities” means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi-media content, advertising campaigns, awareness campaigns, editorials, multi-media products and all related communication materials under this Agreement.

“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 both Parties.

“Contract” means an agreement between an Ultimate Recipient and a Third Party whereby the latter agrees to supply a product or service to a Project in return for financial consideration.

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

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

“Fiscal Year” means the period beginning on April 1 of a calendar year and ending on March 31 of the following calendar year.

“Incurred” means an event or transaction has taken place for which an obligation to pay exists, even if an invoice has not been received, such that the underlying evidence indicates there is little or no discretion to avoid the obligation. The value of the obligation is to be calculated in accordance with recognized Canadian accounting standards.

“Infrastructure Recipient Information System” (“IRIS”) means an online portal and case management tool developed by Canada to support section 17(Information Management).

“Joint Communications” means events, news releases, and signage that relate to this Agreement and are collaboratively developed and approved by Canada, Alberta and, where applicable, the Ultimate Recipient, and are not operational in nature.

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

“Oversight Committee” means the committee(s) established in accordance with section 7 (Oversight Committee).

“Person” means, without limitation, a person, Alberta, an Ultimate Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents.

“Program” means the Investing in Canada Infrastructure Program as set out in this Agreement.

“Project(s)” means one or more projects submitted by Alberta and approved by Canada pursuant to section 9 (Project Submission, Approval and Changes) and governed by this Agreement.

“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 is more than 150 kilometres by road from the nearest community with a population of more than 50,000.

“Rural Households” means individual dwellings located in communities with a population of under 30,000 people as defined by the 2016 Census.

“Substantial Completion” or “Substantially Completed” means, when referring to a Project, that the Project can be used for the purpose for which it was intended.

“Third Party” means any person or legal entity, other than a Party or Ultimate Recipient, who participates in the implementation of a Project by means of a Contract.

“Total Financial Assistance” means total Project funding from all sources including, but not limited to, funding from federal, provincial, territorial, municipal, band council, and Indigenous government sources; private sources; and in-kind contributions.

“Ultimate Recipient Agreement” means an agreement between Alberta and an Ultimate Recipient for a Project under this Agreement.

1.2 Entire agreement
This Agreement comprises the entire agreement between the Parties in relation to the subject of the Agreement. No prior document, negotiation, provision, undertaking or agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express, implied or otherwise, is made by either Party except as expressly set out in this Agreement.

1.3 Duration of agreement
This Agreement will be effective as of the date of last signature of this Agreement and will terminate on the Agreement End Date, subject to early termination in accordance with this Agreement.

1.4 Schedules
The following schedules are attached to and form part of this Agreement:
Schedule A — Program Details
Schedule B — Communications Protocol
Schedule C — Targets

2. Purpose of the agreement

The purpose of this Agreement is to establish the terms and conditions whereby Canada will provide contribution funding to Alberta for Projects and Administrative Expenses.

3. Commitments by Canada

Canada agrees to provide contribution funding to Alberta for each of the Program’s contribution streams in an amount outlined in Schedule A.1 (Contribution Funding) and to be paid in accordance with Schedules A.2, A.3, A.4 A.5, A.6 and A.7, as applicable. The total amount of contribution funding provided to Alberta by Canada under all streams taken together of this Agreement will be up to three billion six hundred sixty-three million seven hundred fifty-six thousand three hundred seventy-five dollars ($3,663,756,375).
Upon request by Alberta and subject to approval by Canada, Canada may transfer up to a maximum of three hundred and thirty nine million seven hundred and eighty five thousand seven hundred and four dollars ($339,785,704) from its contribution funding under sections A.1 a) i. through A.1 a) iv. to the COVID-19 resilience infrastructure stream as set out under section A.1 a) v. Any such transfers will be governed in accordance with Schedules A.2 (General Program Requirements) and A.7 (COVID-19 Resilience Infrastructure).
Canada agrees to provide a portion of Canada’s total contribution funding identified in sections A.1 a) i. through A.1 a) iv. of Schedule A.1 (Contribution Funding) to Alberta for Administrative Expenses to be paid in accordance with section 16 (Administrative Expenses).
Canada agrees to review requests from Alberta to transfer part of the contribution funding indicated in sections A.1 a) i. through A.1 a) v. of Schedule A.1 (Contribution Funding) between Program streams.
The Parties acknowledge that Canada’s role in a Project is limited to confirming that a Project meets Program eligibility requirements, making a financial contribution to Alberta for that Project and that Canada will have no involvement in the implementation of that Project or its operation. Canada is neither a decision-maker nor an administrator of a Project.

4. Commitments by Alberta

Alberta will be responsible for the complete and timely implementation of this Agreement, within the funding limits and deadlines and in accordance with the terms and conditions specified in this Agreement.
Unless Alberta is the Ultimate Recipient, Alberta will enter into an Ultimate Recipient Agreement with each Ultimate Recipient and ensure that Ultimate Recipient Agreements are consistent with, but are no less favourable to Canada than the relevant provisions of this Agreement. Where Alberta is an Ultimate Recipient, Alberta will be subject to all terms and conditions set out in this Agreement.
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, Alberta will ensure that all Projects are Substantially Completed by October 31, 2033. For Projects funded under the COVID-19 resilience infrastructure stream, Alberta will ensure that, unless otherwise agreed to by Canada, all Projects are Substantially Completed by December 31, 2023, or by December 31, 2024, if the Project is in a Remote Community.
Alberta acknowledges that Canada will not be financially responsible for any ineligible expenditures or cost overruns for a Project.
When Alberta is an Ultimate Recipient, Alberta will be responsible for any costs associated with a withdrawn or cancelled Project, and will repay to Canada any and all disallowed costs, surpluses, unexpended contributions, and overpayments made under and according to the terms and conditions of this Agreement. For cancelled Projects where Alberta has or will enter into an Ultimate Recipient Agreement, Alberta will require Ultimate Recipients to repay to Alberta any and all disallowed costs, surpluses, unexpended contributions, and overpayments made under and according to the terms and conditions of this Agreement. Alberta will repay this amount to Canada.
Alberta will submit to Canada, no later than April 20 each Fiscal Year, the total amount of Eligible Expenditures Incurred by Ultimate Recipients on Projects in the previous Fiscal Year.
Alberta will inform Canada forthwith of any fact or event, of which Alberta becomes aware, that will compromise wholly, or in part, a Project.
Alberta will ensure that the following climate lens assessments are completed to the satisfaction of both Parties and submitted to Canada prior to Canada’s approval of a Project, unless otherwise required by Canada:
1. A greenhouse gas emissions assessment that includes a cost-per-tonne calculation as required by Canada:
  1. for all projects that seek funding under the climate change mitigation sub-stream in Section A.4 (Green Infrastructure) of Schedule A; and
  2. for all other projects with total estimated Eligible Expenditures of ten million dollars ($10,000,000) or more. Canada may, at its discretion, waive this requirement for a Project if Alberta provides an acceptable rationale to the satisfaction of both Parties.
2. A climate change resilience assessment
  1. for all projects that seek funding under the adaptation, resilience, and disaster mitigation sub-stream in Section A.4 (Green Infrastructure) of Schedule A; and
  2. for all other projects with total estimated Eligible Expenditures of ten million dollars ($10,000,000) or more. Canada may, at its discretion, waive this requirement for a Project if Alberta provides an acceptable rationale to the satisfaction of both Parties.
Alberta will ensure that all Projects with total estimated Eligible Expenditures of twenty-five million dollars ($25,000,000) or more, will report on community employment benefits provided to at least three (3) of the federal target groups (apprentices, Indigenous peoples, women, persons with disabilities, veterans, youth, new Canadians, or small- medium-sized enterprises and social enterprises). Canada may, at its discretion, waive this requirement for a Project if Alberta provides an acceptable rationale to the satisfaction of both Parties, which will be made public by Canada.
Unless otherwise agreed to by both Parties, for each stream except the COVID-19 - resilience infrastructure stream, Alberta agrees to provide a total funding contribution that is no less than 33.33% of total eligible expenditures of the sum of projects funded where the Ultimate Recipient is a municipal government as described in Paragraph ii. A) of section a.2 a) (Ultimate Recipients).
Alberta will allocate a minimum of twenty-one million five hundred thirty-seven thousand seven hundred eighty-two dollars ($21,537,782) from the community, culture and recreation infrastructure contribution funding allocation under section A.1 a) iii. of Schedule A.1 (Contribution Funding) or the COVID-19 resilience infrastructure contribution funding allocation under section A.1 a) v. of Schedule A.1 (Contribution Funding) to Projects for the benefit of Indigenous peoples not living on reserve.
Over the term of this Agreement, Alberta will ensure that contribution funding received under this Agreement, except for contribution funding received under the COVID-19 resilience infrastructure stream under section A.1 a) v. of Schedule A.1 (Contribution Funding), does not displace Alberta infrastructure spending on each of the asset classes funded through the Program. Canada recognizes that provincial funding levels for capital infrastructure may change from year to year. Alberta retains the right to set provincial spending priorities and funding levels on an annual basis. Furthermore, the allocation of funds from existing funding envelopes to projects will not constitute the displacement of funds.
Further to the Ultimate Recipient Agreement, Alberta will obtain a covenant from any Ultimate Recipient that contribution funding received under this Agreement does not displace municipal spending on public transit.
Alberta will ensure that projects submitted for Canada’s approval represent, to the satisfaction of both Parties, a balance of municipal and provincial projects.
Alberta will consider projects benefitting Indigenous peoples for contribution funding under this Agreement.
Alberta will submit for Canada’s review and approval all projects to be considered for contribution funding under this Agreement by March 31, 2023.
Alberta may allocate a maximum of thirty-six million six hundred thirty-seven thousand five hundred sixty-four dollars ($36,637,564) from its total contribution funding under this Agreement to planning Projects funded under the public transit stream; the green infrastructure stream; the community, culture and recreation stream; the rural and northern communities infrastructure stream; and category 5 of the COVID-19 resilience infrastructure stream, in accordance with paragraph ii) of section A.2 b) (Eligible Projects) and sections A.3 c), A.4 c), A.5 b), A.6 b) and A.7 b) of Schedule A (Program Details).
Alberta may allocate a maximum of thirty four million three hundred and eighty-five thousand five hundred and twenty nine dollars ($34,385,529) from the green infrastructure stream contribution funding allocation under section A.1 a) ii. of Schedule A.1 (Contribution Funding) to land acquisition expenditures, in accordance with paragraph v) of section A.2 c) (Eligible Expenditures).
Alberta will ensure that any Asset that is land purchased or acquired, in whole or in part, with contribution funding provided by Canada under the terms and conditions of this Agreement will be used as Natural Infrastructure for the Asset Disposal Period.
Alberta acknowledges that for any Project with a federally required Construction Start date of September 30, 2023, as set out in A.3 f) ii., A.4 f) i. b), A.4 f) ii. e), A.6 e) i. c), and A.7 e) ii., if the Construction Start for the Project does not occur by September 30, 2023, Canada will cancel the Project under this Agreement.
Alberta will allocate a minimum of sixteen million five hundred ninety-nine thousand three hundred thirty-six dollars ($16,599,336) from the COVID-19 resilience infrastructure contribution funding allocation under section A.1 a) v. of Schedule A.1 (Contribution Funding) to Projects in category 5 of the COVID-19 resilience infrastructure stream, as set out in Schedule A.7 b) (Eligible Projects).
Alberta agrees that a maximum of eleven million ninety-six thousand nine hundred ninety-five dollars ($11,096,995) from the COVID-19 resilience infrastructure contribution funding allocation under section A.1 a) v. of Schedule A.1 (Contribution Funding) may be allocated to school Projects in category 5, as set out in Schedule A.7 b) (Eligible Projects).

5. Appropriations

Notwithstanding Canada’s obligation to make any payment under this Agreement, this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the Program under which this Agreement was made or otherwise, as evidenced by any appropriation act or the federal Crown’s main or supplementary estimates expenditures. Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction or termination of funding.
Canada acknowledges that any contribution to a Project by Alberta is subject to an appropriation by the Alberta Legislature. Alberta may be required to reduce or terminate one or more of its contribution programs relating to its Portfolio components under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, as evidenced by any appropriation act or the provincial Crown’s main or supplementary estimates expenditures. Should such a reduction or termination occur, Alberta shall notify Canada and inform the Agreement Oversight Committee within twenty (20) business days of an appropriation decision and outline to Canada the anticipated impact of the reduction or termination of the contribution program.

6. Fiscal Year Budgeting

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

7. Oversight Committee

Within sixty (60) business days of the date of last signature of this Agreement, the Parties will establish one or more Oversight Committee(s) co-chaired by representatives of Canada and Alberta. Membership will be agreed to by the Parties. The Oversight Committee(s), which will meet annually at a minimum, will:
1. monitor compliance of the implementation of this Agreement with the terms and conditions of this Agreement;
2. act as a forum to resolve potential issues and address concerns;
3. review and, as necessary, recommend to the Parties amendments to the Agreement;
4. monitor the implementation of Schedule B (Communications Protocol);
5. approve and ensure audit plans are carried out as per this Agreement, including but not limited to section 18 (Audit);
6. monitor the implementation of the Alberta infrastructure plan described in section 8 (Alberta Investing in Canada Infrastructure Program Infrastructure Plan) and progress towards achieving the targets outlined in paragraph q) of section 4 (Commitments by Alberta);
7. monitor Project risk and mitigation measures; and
8. attend to any other function required by this Agreement or as mutually directed by the Parties.
Alberta will communicate to Ultimate Recipients any deficiencies and/or corrective actions identified by Canada or by the Oversight Committee.

8. Alberta Investing in Canada Infrastructure Program Infrastructure Plan

Unless otherwise agreed to by both Parties, Alberta will submit to Canada by September 30, 2018 and will update and re-submit to Canada annually by May 31 an infrastructure plan, to the satisfaction of both Parties, that includes:

A section that describes Alberta’s approach and priorities for the Program, including but not limited to Alberta’s plans for achieving the targets outlined in Schedule C (Targets), Alberta’s approach for meeting the commitments in paragraphs n) and o) of section 4 (Commitments by Alberta) to ensure that a fair balance of municipal and provincial projects are submitted for Canada’s approval and that projects supporting Indigenous peoples are considered for contribution funding under this Agreement, and Alberta’s approach to developing aspirational targets for community employment benefits provided to federal target groups (apprentices, Indigenous peoples, women, persons with disabilities, veterans, youth, new Canadians, or small-medium-sized enterprises and social enterprises);
A section identifying projects that Alberta intends to submit for approval by Canada for contribution funding under this Agreement, including projects that are ready to be submitted to Canada or that Alberta may submit to Canada in the future; and
For all updated infrastructure plans, information on accomplishments in the previous Fiscal Year.

Alberta may update the information required under paragraph a) ii) in this section at any time.
Unless otherwise agreed to by both Parties, all infrastructure plans submitted to Canada will cover a minimum period of the current Fiscal Year and the next (2) Fiscal Years, up to the Agreement End Date.
All infrastructure plans will include an attestation in a format acceptable to both Parties and from an authorized official from Alberta that contribution funding received from Canada under this Agreement will not displace infrastructure spending and that it has received a covenant from any municipality receiving funding that the funding pursuant to any Ultimate Recipient in accordance with paragraphs I) and m) in section 4 (Commitments by Alberta).
Alberta will provide, at Canada’s request and to the satisfaction of both Parties, additional information related to any Alberta infrastructure plan.
The submission of any Alberta infrastructure plan to the satisfaction of both Parties does not constitute approval of projects by Canada under this Agreement. Alberta may submit projects for approval by Canada in accordance with section 9.1 (Project Submission and Approval) that are not included on a submitted infrastructure plan.

9. Project Submission, Approval and Changes

9.1 Project Submission and Approval

Alberta will be responsible for identifying and prioritizing eligible projects through engagement with stakeholders and submitting eligible projects to Canada for approval.
Within the green infrastructure stream, Alberta will prioritize, to the satisfaction of both Parties, the submission of eligible projects for Canada’s approval that support the key actions that are identified as part of Alberta’s commitments under the Pan-Canadian Framework on Clean Growth and Climate Change.
Alberta will provide all information required by Canada, to the satisfaction of both Parties, for each project submitted by Alberta for contribution funding under this Agreement, including but not limited to:

when applicable, as determined by Canada, the target to which the project is aligned as outlined in in Schedule C (Targets);
expected results for community employment benefits for all projects to which the community employment benefit reporting requirement outlined in paragraph i) of section 4 (Commitments by Alberta) applies;
when applicable, as determined by Canada, climate lens assessments; and
an attestation in a format acceptable to Canada from an authorized official that the information in the project submission is accurate.

Alberta will provide, at Canada’s request and to the satisfaction of both Parties, additional information related to projects submitted for approval.
Alberta’s submission of a project to Canada for approval is Alberta’s agreement that, once the Project is approved by Canada for contribution funding, the Project is governed by this Agreement.
Canada’s approval of a Project for contribution funding under this Agreement is Canada’s agreement that the Project is governed by this Agreement.
Canada will inform Alberta in writing, through an approval letter, once Projects have been approved. This approval letter forms part of this Agreement.
For every Project, Canada will set a maximum on Canada’s contribution funding in dollars and as a percentage of total Eligible Expenditures.
Upon becoming aware, Alberta will promptly inform Canada of any cancelled or withdrawn projects

9.2 Changes to a Project

Alberta agrees that any material changes to a Project will require Canada’s approval, which may be subject to the terms and conditions of this Agreement. When seeking to make a change to a Project, Alberta will promptly submit updated Project information.
Alberta will provide, at Canada’s request, and to the satisfaction of both Parties, additional information related to changes to a Project.

10. Federal Requirements for Projects

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

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

11. Environmental Assessment

If the Canadian Environmental Assessment Act, 2012 (CEAA 2012) or other applicable environmental legislation that is or may come into force applies, no site preparation, vegetation removal or construction will occur and Canada will not reimburse Eligible Expenditures for any site preparation, vegetation removal or construction for a Project, until satisfied that requirements are met and continue to be met.

12. Indigenous Consultation

No construction will occur for a Project and Canada’s funding for a Project is conditional upon Canada’s obligations, if any, to consult Indigenous peoples with respect to adverse impacts of the Project on Indigenous peoples, including, where appropriate, the accommodation of Indigenous concerns, being met and continuing to be met.
Alberta and Canada will each be responsible for determining and advising the other Party whether or not it has a legal duty to consult Indigenous peoples with respect to a Project and for each determining if their own obligations have been met or continue to be met.
In order to assist Canada in meeting its own obligations to consult, if any, Ultimate Recipients or Alberta will provide to Canada, upon request, a summary of consultation that has occurred with Indigenous communities and organizations, including the Indigenous community or organization’s position, concerns and indication of how the concerns were addressed. Where Canada may have an obligation to consult, at Canada’s request, the Ultimate Recipient will undertake the procedural aspects of consultation and implement measures to accommodate an Indigenous community or organization’s concerns as appropriate, and these costs may be considered Eligible Expenditures as set out in section A .1 c) (Eligible Expenditures).

13. Awarding of Contracts

Alberta will ensure that Ultimate Recipient Agreements contain a requirement that Contracts will be awarded in a way that is fair, transparent, competitive and consistent with value-for-money principles, or in a manner otherwise acceptable to Canada, and if applicable, in accordance with the Canadian Free Trade Agreement and international trade agreements.
Where Alberta is the Ultimate Recipient, contracts will be awarded in a way that is fair, transparent, competitive and consistent with value-for-money principles, or in a manner otherwise acceptable to Canada, and if applicable, in accordance with the Canadian Free Trade Agreement and international trade agreements.
Canada may provide exemptions from competitive awarding of contracts on a case-by-case basis, where Alberta or the Ultimate Recipients must:
1. Provide written request noting business case rationale in advance of the contract being awarded;
2. Provide consultant/contractor quote for market-value;
3. Attest to i) following value-for-money procurement processes for materials and sub-contracts; and ii) following own policies and procedures.

14. Reporting

Unless otherwise agreed to by both parties, Alberta will submit to Canada, no later than May 31 and November 30 each Fiscal Year, a Project progress report to the satisfaction of both Parties that includes all Projects except:

Projects where an Ultimate Recipient is a community with a population of less than five thousand (5,000) people, which will be included in the Project progress report submitted to Canada, no later than November 30 each Fiscal Year.

Each Project progress report will include an attestation in a format to the satisfaction of both Parties, from a delegated official, that the information in the report is accurate:

Canada’s contribution funding to the Project by Fiscal Year;
Construction start and end dates (forecasted/actual);
Progress tracker (e.g. percent of Project completed);
Risks and mitigation strategies, as required;
Confirmation that the Project is on track to achieve expected results, or if Substantially Completed, confirmation of actual results; and
Confirmation of installed Project signage, if applicable.

For all Projects funded under the COVID-19 resilience infrastructure stream, each Project progress report will include an attestation in a format acceptable to Canada from a delegated official that the information in the report is accurate and, in instances where the progress report includes a claim in accordance with section 15 (Claims and Payments), that Eligible Expenditures have been Incurred in accordance with this Agreement.
1. Each Project progress report will include the following information for each Project:
  1. Estimated total Eligible Expenditures
  2. Total Eligible Expenditures to date
  3. Progress tracker (e.g. percent completed)
  4. Construction Start and end dates (forecasted/actual)
  5. Confirmation of installed Project signage, if applicable
Alberta will report annually, no later than November 30, through the Project progress report, or through existing provincial reporting frameworks, on expected and actual results related to community employment benefits for applicable Projects.
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, Alberta will complete all reporting requirements as defined under paragraphs a), b) and d) in this section, to the satisfaction of both Parties, no later than December 31, 2033. For Projects funded under the COVID-19 resilience infrastructure stream, Alberta will complete all reporting requirements as defined under paragraphs a) and c) in this section, to the satisfaction of both Parties, no later than July 31, 2024, or July 31, 2025, for Projects in Remote Communities, unless otherwise agreed to by Canada.

15. Claims And Payments

15.1 Claims And Payments

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, Alberta will submit a claim to Canada covering Eligible Expenditures on a semi-annual basis at a minimum, with a mutually-agreed upon format to the satisfaction of both Parties. Each claim will include an attestation in a format acceptable to both Parties from an authorized official, that Eligible Expenditures have been Incurred in accordance with this Agreement and Alberta is in compliance with progress reporting requirements as described in section 14 (Reporting).
For Projects funded under the COVID-19 resilience infrastructure stream, Alberta will submit a claim to Canada covering Eligible Expenditures on a semi-annual basis at a minimum, to the satisfaction of both Parties. Each claim will include an attestation in a format acceptable to Canada from a delegated official, that Eligible Expenditures have been Incurred in accordance with this Agreement and Alberta is in compliance with progress reporting requirements as described in section 14 (Reporting). For Projects funded under the COVID-19 resilience infrastructure stream, Alberta may choose to submit a claim to Canada as part of the Project progress report, as set out in section 14 (Reporting).
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, Alberta will submit a final claim to Canada covering Eligible Expenditures with a mutually-agreed upon format no later than December 31, 2033 to the satisfaction of both Parties. For all Projects funded under the COVID-19 resilience infrastructure stream, Alberta will submit a final claim to Canada covering Eligible Expenditures no later than July 31, 2024, or July 31, 2025, for Projects in Remote Communities, unless otherwise agreed to by both Parties.
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, Canada will make a payment to Alberta promptly upon review and acceptance of a claim, subject to the terms and conditions of this Agreement.
For Projects funded under the COVID-19 resilience infrastructure stream, Canada will make a payment to Alberta, subject to the terms and conditions of this Agreement, promptly upon review and acceptance of a claim or of a progress report where Alberta chooses to submit a claim as part of the progress report, as set out in section 14 (Reporting).

15.2 Payment Conditions

Canada will not:

pay interest for failing to make a payment under this Agreement;
pay capital costs for a Project until the requirements under section 11 (Environmental Assessment) and section 12 (Indigenous Consultation), if applicable, are, in Canada’s opinion, satisfied to the extent possible at the date the claim is submitted to Canada;
pay any claims until requirements under section 8 (Alberta Infrastructure Plan) and section 14 (Reporting) are received and accepted by Canada, and any audit requirements in section 18 (Audit) and any requirements outlined in Schedule B (Communications Protocol) are met; and
pay any claims related to land acquisition costs until Alberta provides any information required by Canada to assess the eligibility of those costs, to the satisfaction of both Parties.

15.3 Claims And Final Payment Deadline

Alberta will submit claims no later than March 31 of the year following the Fiscal Year in which the Eligible Expenditures were Incurred;
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 31, 2034. For all Projects funded under the COVID-19 resilience infrastructure stream, Canada will make the final payment no later than October 31 2024, or October 31 2025 for Projects in Remote Communities, unless otherwise agreed to by both Parties.

15.4 Retention of Contribution

Canada will retain a maximum of five percent (5%) of its contribution funding under this Agreement. The amount retained by Canada will be released by Canada when:

Alberta fulfils all of its obligations under this Agreement;
Alberta submits an attestation, from a delegated official and in a format acceptable to both Parties, that all Projects have been Substantially Completed and contribution funding under this Agreement has been spent on Eligible Expenditures; and;
the Parties jointly carry out a final reconciliation of all claims and payments in respect of this Agreement and make any required adjustments.

16. Administrative Expenses

Alberta may apply part of its allocation under only sections A.1 a) i. through iv. of Schedule A (Program Detail) to Administrative Expenses as outlined in section A.2 c) (Eligible Expenditures).
Approved Administrative Expenses will be determined by Canada based on the review and approval by Canada of a detailed business case, which must be submitted by Alberta by May 31, 2018, or a revised business case, where required, which must be submitted by May 31 every third Fiscal Year thereafter, where required.

17. Information Management

Alberta will use IRIS, or another process designated by Canada and agreed to by the Oversight Committee, to fulfill the obligations of Alberta under this Agreement, including but not limited to the following:
1. section 8 (Alberta Investing in Canada Infrastructure Program Infrastructure Plan);
2. section 9 (Project Submission, Approval and Changes);
3. section 14 (Reporting); and
4. section 15 (Claims and Payments).

18. Audit

Alberta agrees to inform Canada of any audit that has been conducted on the use of contribution funding under this Agreement at the Project or Program level, provide Canada with all relevant audit reports, and ensure that prompt and timely corrective action is taken in response to any audit findings and recommendations. Alberta will submit to Canada in writing as soon as possible, but no later than sixty (60) days following receiving it, a report on follow-up actions taken to address recommendations and results of the audit.
Canada reserves the right to undertake any audit in relation to this Agreement at its expense. The timing and scope of such audits will be determined in collaboration with Alberta via the Oversight Committee and will be carried out by external independent auditors. In the event where Canada does undertake an audit, it will provide Alberta reasonable notice. Alberta will ensure proper and accurate financial accounts and records are kept, including but not limited to its Contracts, invoices, statements, receipts, and vouchers in respect of all Projects for at least six (6) years after the Agreement End Date.

19. Evaluation

Alberta agrees to participate in a review of the Program, to be completed by March 31, 2023, to assess Project achievements in comparison with the targets identified in Schedule C (Targets). Canada agrees to provide advance notice of any planned evaluation.
In addition, Alberta agrees to provide Project-related information to Canada over the term of this Agreement and up to six (6) years after the Agreement End Date in order for Canada to conduct an evaluation of the performance of the Program. All evaluation results will be made available to the public, subject to all applicable laws and policy requirements.

20. Access

Alberta will ensure Canada and its designated representatives will be provided with reasonable and timely access to Project sites, facilities, and any records, documentation or information for the purposes of audit, inspection, monitoring, evaluation, and ensuring compliance with this Agreement.

21. Dispute Resolution

The Parties will keep each other informed of any issue that could be contentious.
If a contentious issue arises, the Oversight Committee will examine it and will, in good faith, attempt to resolve the contentious issue as soon as possible, and, in any event, within thirty (30) business days from the receipt of notice of such contentious issue.
Where the Oversight Committee cannot agree on a resolution, the matter shall be referred to senior officials designated by the Parties, for resolution within thirty (30) business days from the receipt of notice.
In the event that the Parties senior officials cannot agree on a resolution the matter will be referred to the Ministers responsible for administering the Agreement for resolution. The Ministers shall provide a decision within ninety (90) business days.
Where the Ministers cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the contentious issue.
Any payments related to any contentious issue raised by either Party may be suspended by Canada together with the obligations related to such issue, pending resolution.
The Parties agree that nothing in this section will affect, alter or modify the rights of Canada to terminate this Agreement.

22. Default

22.1 Events Of Default

The following event constitutes the “Event of Default” under this Agreement:

Alberta has not complied with one or more of the terms and conditions of this Agreement.

22.2 Declaration of Default

Canada may declare default if:

The Event of Default occurs;
Canada gives notice to Alberta of the event, which in Canada’s opinion constitutes an Event of Default; and
Alberta has failed, within ninety (90) business days of receipt of the notice, either to remedy the Event of Default or to notify and demonstrate, to the satisfaction of Canada, that it has taken such steps as are necessary to remedy the Event of Default.

22.3 Remedies on Default

In the event that Canada declares default under section 22.2 (Declaration of Default),
Canada may exercise one or more of the following remedies, without limiting any remedy available to it by law:

Suspend or terminate any obligation by Canada to contribute or continue to contribute funding to one or more Projects or Administrative Expenses, including any obligation to pay an amount owing prior to the date of such suspension or termination;
Suspend or terminate the approval of Projects;
Require Alberta to reimburse Canada all or part of the contribution paid by Canada to Alberta; or
Terminate this Agreement.

23. Limitation of Liability and Indemnification

23.1 Limitation of Liability

In no event will Canada, its officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for:

any injury to any Person, including, but not limited to, death, economic loss or infringement of rights;
any damage to or loss or destruction of property of any Person; or
any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long term obligation;
in relation to this Agreement or each of the Projects.

23.2 Indemnification

Alberta will at all times indemnify and save harmless Canada, its officers, servants, employees or agents, from and against all actions, whether in contract, tort or otherwise, claims and demands, losses, costs, damages, suits or other proceedings by whomsoever brought or prosecuted in any manner based upon or occasioned by any injury to Persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by, in connection with or arising directly or indirectly from this Agreement, an Ultimate Recipient Agreement or a Project, except to the extent to which such actions, claims, demands, losses, costs, damages, suits or other proceedings relate to the negligence or breach of the Agreement by an officer, servant, employee or agent of Canada in the performance of his or her duties.

24. Assets

24.1 Disposal of Assets

Unless otherwise agreed to by the Parties, Alberta will ensure that the Ultimate Recipient will maintain ongoing operations and will retain title to and ownership of an Asset for the Asset Disposal Period.
For any Asset other than land purchased or acquired with contribution funding provided by Canada under this Agreement, if at any time within the Asset Disposal Period, an Ultimate Recipient sells, leases, or otherwise disposes of, directly or indirectly, any Asset purchased, acquired, constructed, rehabilitated or renovated, in whole or in part, under this Agreement, other than to Canada, Alberta, a municipal government as outlined in paragraph ii. a) of section A.2 a) (Ultimate Recipients), or with Canada’s consent, Alberta may be required to reimburse Canada, any federal funding received for the Project.
For any Asset that is land purchased or acquired with contribution funding provided by Canada under this Agreement, if at any time within the Asset Disposal Period, an Ultimate Recipient proposes to sell, lease, or otherwise dispose of, directly or indirectly, that land, Alberta will:
1. prior to such disposition of that land, obtain Canada’s written consent to such disposition of that land;
2. prior to such disposition of that land, obtain a written attestation from the Ultimate Recipient that the amount to be paid for the sale of that land is at or above Fair Market Value; and
3. upon Canada’s request, reimburse Canada an amount equal to the contribution funding paid by Canada under this Agreement that was used to purchase or acquire that land.

24.2 Revenue From Assets

The Parties acknowledge that Canada’s contribution to a Project is meant to accrue to the public benefit. Alberta will notify Canada in writing within ninety (90) business days of the end of a Fiscal Year if any Asset owned by a for-profit Ultimate Recipient as defined in paragraph ii. d) of section A.2 a) (Ultimate Recipients) is used in such a way that, in the Fiscal Year, revenues are generated from it that exceed its operating expenses. Canada may require Alberta 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 Alberta Asset Disposal Period.

24.3 Repayable Contributions

At Canada’s request, Alberta shall repay any contribution funding provided by Canada under this Agreement that is intended for an Ultimate Recipient that is a for-profit private sector body where such funding is for the purpose of that Ultimate Recipient generating profits or increasing the value of its business. Any repayment by Alberta will be made in accordance with terms and conditions of repayment as determined by Canada at the time Canada approves a Project.

25. General

25.1 Accounting Principles

All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared, in accordance with the public sector accounting standards in effect in Canada.

25.2 Survival

The Parties’ rights and obligations, which by their nature, extend beyond the termination of this Agreement, will survive any termination of this Agreement.

25.3 No Agency, Partnership, Joint Venture, Etc.

No provision of this Agreement and no action by the Parties will 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 Alberta, between Canada and an Ultimate Recipient or between Canada and a Third Party.
Alberta will not represent itself, including in any agreement with an Ultimate Recipient or Third Party, as a partner, employee or agent of Canada.

25.4 No Authority To Represent

Nothing in this Agreement is to be construed as authorizing any Person, including a Third Party, to contract for or to incur any obligation on behalf of Canada or to act as an agent for Canada. Alberta will ensure that any Contract between Alberta or an Ultimate Recipient and any Third Party contains a provision to that effect.

25.5 Counterpart Signature

This agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original agreement. Any facsimile or electronic transmitted copies hereof bearing a manual, facsimile or other electronic signature shall, for all purposes, be deemed originals and will be binding on the Parties hereto. For greater clarity, the electronic signature shall be reputed to constitute, much like wet ink, the best evidence available of consent of the Parties to the terms of this Agreement. For the purposes of this agreement, “electronic signature” means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic version of this Agreement.

25.6 Severability

If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable.

25.7 Assignment

Alberta will not transfer or assign its rights or obligations under this Agreement without the prior written consent of Canada. Any attempt by Alberta to assign any of the rights, duties or obligations of this Agreement without Canada’s express written consent is void.

25.8 Amendments

This Agreement may be amended from time to time on written agreement of the Parties.

25.9 Waiver

A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver.

25.10 Notice

Any notice provided for under this Agreement may be delivered in person, sent by email or mail, addressed to:

for Canada:

Assistant Deputy Minister
Program Operations Branch
Infrastructure Canada
1100 - 180 Kent Street
Ottawa, Ontario
K1P OB6

or to such other address or email, or addressed to such other person as Canada may, from time to time, designate in writing to Alberta; and

for Alberta:

Assistant Deputy Minister
Strategic Integration and Operations
Alberta Infrastructure,
Infrastructure Building
6950-113 St, NW
Edmonton, Alberta
T6H 5V7

or such other address, email or addressed to such other person as Alberta may, from time to time, designate in writing to Canada.
Such notice will be deemed to have been received, if sent by mail or email, when receipt is acknowledged by the other Party; and in person, when delivered.

25.11 Compliance With Laws

Alberta will comply with and ensure that each Project complies with all statutes, regulations, and other applicable laws governing Alberta, the Ultimate Recipient and all Projects under this Agreement, including all requirements of, and conditions imposed by, regulatory bodies having jurisdiction over the subject matter.

25.12 Governing Law

This Agreement is governed by the laws applicable in the Province of Alberta.

25.13 Successors And Assigns

This Agreement has been executed on behalf of his Majesty in right of Canada by the Minister of Intergovernmental Affairs, Infrastructure and Communities and on behalf of His Majesty in Right of the Province of Alberta by the Minister of Infrastructure.

Signatures

HIS MAJESTY IN RIGHT OF CANADA	HIS MAJESTY IN RIGHT OF THE PROVINCE OF ALBERTA
The Honourable Dominic LeBlanc Minister of Intergovernmental Affairs, Infrastructure and Communities	The Honourable Nathan Neudorf Minister of Infrastructure
Date	Date
Pursuant to the Government Organization Act
Intergovernmental Relations, Executive Council	Date

Schedule A – Program Details

A.1 Contribution Funding

Contribution by Canada

In accordance with section 3 (Commitments by Canada), Canada agrees to provide contribution funding to Alberta for Projects under each of the Program streams as follows:
1. under the public transit stream, not to exceed one billion nine hundred seventy-three million three hundred eighty-eight thousand eight hundred and eight dollars ($1,973,388,808), to be paid in accordance with Schedules A.2 (General Program Requirements) and A.3 (Public Transit)
2. under the green infrastructure stream, not to exceed one billion one hundred eighty-six million two hundred three thousand and two dollars ($1,186,203,002), to be paid in accordance with Schedules A.2 (General Program Requirements) and A.4 (Green Infrastructure)
3. under the community, culture and recreation infrastructure stream, not to exceed one hundred thirty-six million six hundred seventy-nine thousand six hundred forty-one dollars ($136,679,641), to be paid in accordance with A.2 (General Program Requirements) and A.5 (Community, Culture and Recreation Infrastructure)
4. under the rural and northern communities infrastructure stream, not to exceed one hundred twenty-four million five hundred forty-two thousand seven hundred fourteen dollars ($124,542,714), 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, not to exceed two hundred forty-four million nine hundred forty-two thousand two hundred and ten dollars ($242,942,210), to be paid in accordance with A.2 (General Program Requirements) and A.7 (COVID-19 Resilience Infrastructure), which includes a minimum of sixteen million five hundred ninety-nine thousand three hundred thirty-six dollars ($16,599,336) to be allocated to Projects approved under category 5 of the COVID-19 resilience infrastructure stream
Fiscal Year Breakdown

Canada’s total contribution funding under each stream will be allocated in accordance with that stream’s estimated maximum amount as set out in the All Streams Estimated Fiscal Year Breakdown Table, as updated through administrative processes:

All Streams Estimated Fiscal Year Breakdown Table
	Public Transit – Canada	Green Infrastructure – Canada	Community, Culture and Recreation Infrastructure – Canada	Rural and Northern Communities Infrastructure – Canada	COVID-19 Resilience Infrastructure – Canada
2018-2019	$0	$0	$6,429,488	$0
2019-2020	$506,708	$302,201	$1,682,399	$38,586
2020-2021	$25,040,837	$3,713,445	$7,632,015	$1,512,299	$0
2021-2022	$74,832,032	$35,994,723	$21,385,947	$19,149,592	$64,126,437
2022-2023	$207,644,452	$58,792,701	$63,906,979	$56,591,018	$45,960,076
2023-2024	$310,407,459	$61,201,082	$25,783,602	$35,330,259	$132,855,697
2024-2025	$321,440,314	$97,687,302	$9,859,211	$9,525,473	$0
2025-2026	$303,340,887	$197,760,670	$0	$2,395,487	$0
2026-2027	$359,651,383	$232,380,602	$0	$0
2027-2028	$358,068,877	$47,228,192	$0	$0
2028-2029	$422,475	$13,083,124	$0	$0
2029-2030	$422,475	$211,248,161	$0	$0
2030-2031	$11,610,909	$226,810,799	$0	$0
2031-2032	$0	$0	$0	$0
2032-3033	$0	$0	$0	$0
2033-2034	$0	$0	$0	$0
TOTAL	$1,973,388,808	$1,186,203,002	$136,679,641	$124,542,714	$242,942,210

A.2 General Program Requirements

Ultimate Recipients
1. Alberta may be an Ultimate Recipient and may distribute Canada’s contribution funding to its own Projects, subject to the terms and conditions of this Agreement.
2. Alberta may further distribute Canada’s contribution funding to the following Ultimate Recipients for Projects, subject to the terms and conditions of this Agreement:
  1. A municipal government established by or under provincial statute;
  2. A public sector body that is established by or under provincial statute or by regulation or is wholly-owned by Alberta, or a municipal government;
  3. When working in collaboration with a municipality, a public or not-for-profit institution that is directly or indirectly authorized, under the terms of provincial or federal statute, or royal charter, to deliver post-secondary courses or programs that lead to recognized and transferable post-secondary credentials;
  4. A private sector body, including for-profit organizations and not-for-profit organizations. In the case of for-profit organizations, they will need to work in collaboration with one or more of the entities referred to above or an Indigenous Ultimate Recipient listed below; and
  5. The following Indigenous Ultimate Recipients:
    1. A band council within the meaning of section 2 of the Indian Act;
    2. A First Nation, Inuit or Métis government or authority established pursuant to a self-government agreement or a comprehensive land claim agreement between Her Majesty the Queen in Right of Canada and an Indigenous people of Canada, that has been approved, given effect and declared valid by federal legislation; and
    3. A First Nation, Inuit or Métis government that is established by or under legislation whether federal or provincial that incorporates a governance structure; and
    4. An Indigenous development corporation; and
    5. A not-for-profit organization whose central mandate is to improve Indigenous outcomes.
Eligible Projects
1. Eligible Projects will support public infrastructure, defined as tangible capital assets primarily for public use and/or benefit, in accordance with sections A.3 c), A.4 c), A.5 b), A.6 b) and A.7 b) of this Schedule; and
2. Planning projects can be considered eligible Projects if they support the eventual construction of an infrastructure project that aligns with at least one of the outcomes listed in the outcomes tables in sections A.3 c), A.4 c), A.5 b), and A.6 b), of this Schedule or comply with category 5 of the COVID-19 resilience infrastructure stream, as set out in section A.7 b) of this Schedule.

Eligible Expenditures
Eligible Expenditures will include the following:

All costs considered by Canada to be direct and necessary for the successful implementation of an eligible Project, excluding those explicitly identified in section A.2 e) (Ineligible Expenditures), and which may include capital costs, design and planning, and costs related to meeting specific Program requirements, including completing climate lens assessments as outlined in paragraph h) of section 4 (Commitments by Alberta) and creating community employment benefit plans;
Alberta’s Administrative Expenses as approved by Canada under section 16 (Administrative Expenses);
The incremental costs of employees of an Ultimate Recipient may be included as Eligible Expenditures for a Project under the following conditions:
1. The Ultimate Recipient is able to demonstrate that it is not economically feasible to tender a Contract; and
2. The arrangement is approved in advance and in writing by Canada.
Costs will only be eligible as of Project approval, except for the following costs which are eligible if Incurred before a Project is approved by Canada for contribution funding under this Agreement, but can only be paid if and when that Project is approved by Canada:
1. Costs associated with completing climate lens assessments as outlined in paragraph h) of section 4 (Commitments by Alberta);
2. Costs associated with Indigenous consultation and engagement activities, which are retroactively eligible from February 15, 2018 for Projects approved after February 7, 2019; and
3. Costs associated with Projects funded under category 5 of the COVID-19 resilience infrastructure stream, as set out in Schedule A.7 b) (Eligible Projects), which are retroactively eligible to December 1, 2020 for Projects approved by March 31, 2022.
Land acquisition, if approved by Canada, directly related to the development of Natural Infrastructure for a Project that aligns with an adaptation, resilience and disaster mitigation outcome in the Green Infrastructure Outcomes table, as set out in section A.4 c) (Eligible Project Outcomes).

Ineligible Projects

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

Ineligible Expenditures
Ineligible expenditures for Projects will include the following:

Costs Incurred before a Project is approved by Canada and any and all expenditures related to contracts signed prior to Canada’s approval of a Project, except for:
1. Costs associated with completing climate lens assessments as outlined in paragraph h) of section 4 (Commitments by Alberta);
2. Costs associated with Indigenous consultation and engagement activities, which are retroactively eligible from February 15, 2018 for Projects approved after February 7, 2019; and
3. Costs associated with Projects funded under category 5 of the COVID-19 resilience infrastructure stream, as set out in Schedule A.7 b) (Eligible Projects), which are retroactively eligible to December 1, 2020 for Projects approved by March 31, 2022.
Costs Incurred for cancelled Projects;
Costs of relocating entire communities;
Land acquisition, except in accordance with paragraph v) of section A.2 c) (Eligible Expenditures);
Land acquisition in cases where it is the sole Project component; and
Costs associated with or for the acquisition of publicly-owned land.
Leasing land, buildings and other facilities; leasing equipment other than equipment directly related to the construction of the Project; real estate fees and related costs;
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);
Financing charges, legal fees, and loan interest payments, including those related to easements (e.g. surveys);
Any goods and services costs which are received through donations or in kind;
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;
Costs associated with operating expenses and regularly scheduled maintenance work, with the exception of:
1. essential capital equipment purchased at the onset of the construction/acquisition of the main Asset and approved by Canada; or
2. operating and maintenance expenses associated with Projects funded under category 5 of the COVID-19 resilience infrastructure stream, as set out in Schedule A.7 b) (Eligible Projects).
Costs related to furnishing and non-fixed assets which are not essential for the operation of the Asset/Project, with the exception of temporary infrastructure and non-fixed assets funded under the COVID-19 resilience infrastructure stream, as approved by Canada;
All capital costs, including site preparation and construction costs, until Canada has confirmed that environmental assessment and Indigenous consultation obligations as required under sections 11 (Environmental Assessment) and 12 (Indigenous Consultation) have been met and continue to be met;

A.3 Public Transit

Objective

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

Canada’s Contribution

Allocation to Ultimate Recipient

Unless otherwise agreed to by the Parties, Alberta agrees to allocate Canada’s public transit stream contribution funding to each Ultimate Recipient based solely on ridership as set out in the Public Transit Sub-Allocation Table:

Public Transit Sub-Allocation Table
Ultimate Recipient	Ridership
Calgary	111,225,998
Airdrie	212,129
Bow Valley (Banff - ROAM Transit)	701,165
Edmonton	89,667,417
Spruce Grove	87,091
St. Albert	1,117,345
Strathcona County	1,576,181
Leduc	99,768
Fort Saskatchewan, City of	28,493
Grande Prairie	748,268
Hinton	25,707
Lethbridge	1,343,015
Medicine Hat	1,368,000
Red Deer	3,944,906
Wood Buffalo	1,828,703
Cold Lake	100,900
Whitecourt	20,919
Rocky View District	21,731

Subject to approval by Canada, the Parties may re-allocate contribution funding to each Ultimate Recipient listed in the Public Transit Sub-Allocation Table in paragraph a) of this section or to other eligible Ultimate Recipients. Alberta will ensure that any applicable Ultimate Recipient Agreements are amended to reflect these funding allocation changes.
Alberta agrees that a maximum of 15% of Canada’s public transit allocation amount under sections A.1 a) i. of this Schedule paragraph may be paid to public transit rehabilitation Projects, unless otherwise approved by Canada.
Subject to approval by Canada and Alberta confirming to Canada the agreement of the affected Ultimate Recipients, Alberta 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.

Eligible Project Outcomes

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

Public Transit Outcomes Table
Improved capacity of public transit infrastructure
Improved quality and/or safety of existing and/or future public transit
Improved access to public transit
Improved capacity and/or quality of pathways and/or active transportation infrastructure

Ineligible Projects

When a project aligns with an outcome in the Public Transit Outcomes Table, it is not eligible for contribution funding under this Agreement if it:
1. involves private sector for-profit transportation services, including inter-community bus, rail, port, or ferry infrastructure;
2. involves inter-community bus, rail, port and ferry infrastructure that is not part of a public transit system, unless construction start for the project can occur by September 30, 2023; or
3. is a stand-alone pathway or active transportation project, unless Construction Start for the project can occur by September 30, 2023.
Stacking and Cost-Sharing
1. Unless otherwise approved by Canada, the maximum funding from all federal sources to a Project that is approved for public transit stream contribution funding under this Agreement will be up to:
  1. Forty percent (40%) of Eligible Expenditures in Alberta for new construction and expansion of public transit and active transportation;
  2. Fifty percent (50%) of Eligible Expenditures in Alberta for public transit rehabilitation Projects; or
  3. Twenty-five percent (25%) of Eligible Expenditures for any for-profit private sector Ultimate Recipients notwithstanding a) or b) in this section.

If the federal Crown’s total funding towards a Project under the public transit stream exceeds the federal funding limits set out in paragraph i) of this section or if the Total Financial Assistance received or due in respect of the total Project costs exceeds one hundred percent (100%) thereof, Canada may recover the excess from Alberta or reduce its contribution by an amount equal to the excess.
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.

Federal Requirements
Each Project that aligns with a climate change mitigation outcome in the Green Infrastructure Outcomes Table must meet the following requirement, as applicable:

Public transit refers to modes of public transportation that allow for the movement of passengers within and/or outside an urban (metropolitan) or municipal setting. As such, projects involving pathways and active transportation, as well as inter-community bus, rail, port and ferry infrastructure that are owned by a public sector body or created under provincial statute are eligible in the context of commuter transit.
Construction Start must occur by September 30, 2023 for any Project that is a stand-alone pathway or active transportation Project, or an inter-community bus, rail, port and ferry infrastructure Project that is not part of a public transit system.

A.4 Green Infrastructure

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

Canada’s Contribution
1. Allocation to Sub-Streams
  1. Alberta agrees to allocate a minimum of six hundred and ninety nine million, seven hundred and eighty seven thousand, two hundred and ninety two dollars ($699,787,292) of Canada’s allocation amount under section A.1 a) ii. of this Schedule to Projects under the climate change mitigation sub-stream, subject to the provisions of section 16 (Administrative Expenses).

Eligible Project Outcomes

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

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

Ineligible Projects
1. When a project aligns with a climate change mitigation outcome in the Green Infrastructure Outcomes Table, it is not eligible for contribution funding under this Agreement if it:
  1. involves private sector for profit transportation services, including inter-community bus, rail, port and ferry infrastructure;
  2. Involves inter-city bus, rail, port and ferry infrastructure that is not part of a public transit system, unless Construction Start for the project can occur by September 30, 2023;
  3. is an energy retrofit project, unless the energy retrofit project is on an asset that would be considered eligible for funding under the public transit stream; the green infrastructure stream; the community, culture and recreation infrastructure stream; the rural and northern communities infrastructure stream or the National Housing Strategy; or
  4. involves emergency services infrastructure.
2. When a project aligns with an adaptation, resilience and disaster mitigation outcome in the Green Infrastructure Outcomes Table, it is not eligible for contribution funding under this Agreement if it:
  1. relocates whole communities;
  2. involves emergency services infrastructure; or
  3. addresses seismic risks.
3. When a project aligns with an environmental quality outcome in the Green Infrastructure Outcomes Table, it is not eligible for contribution funding under this Agreement if it is a pathway or active transportation project, unless Construction Start for the project can occur by September 30, 2023.
Stacking and Cost-Sharing
1. Unless otherwise approved by Canada, the maximum funding from all federal sources to a Project that is approved for green infrastructure stream contribution funding under this Agreement will be up to:
  1. Fifty percent (50%) of Eligible Expenditures for Alberta;
  2. Forty percent (40%) of Eligible Expenditures for municipalities, and not-for-profit organizations;
  3. Seventy-five percent (75%) of Eligible Expenditures for Indigenous Ultimate Recipients; or
  4. Twenty-five percent (25%) of Eligible Expenditures for any for-profit, private sector Ultimate Recipients, notwithstanding paragraphs a), b) or c) in this section.
Federal Requirements
1. Each Project that aligns with a climate change mitigation outcome in the Green Infrastructure Outcomes Table must meet the following requirement, as applicable:
  1. Public transit refers to modes of public transportation that allow for the movement of passengers within and/or outside an urban (metropolitan) or municipal setting. As such, projects involving first mile – last mile active transportation connections to a transit system, as well as inter-community bus, rail, port and ferry infrastructure that are owned by a public sector body or created under provincial statute are eligible in the context of commuter transit.
  2. Construction Start must occur by September 30, 2023 for any Project that is an inter-community bus, rail, port and ferry infrastructure Project that is not part of a public transit system.
2. Each Project that aligns with an environmental quality outcome in the Green Infrastructure Outcomes Table must meet the following requirements, as applicable:
  1. Wastewater Projects must result in wastewater effluent that meets the Wastewater Systems Effluent Regulations or provincial regulations where there is a federal equivalency agreement in place, where applicable.
  2. Drinking water quality following completion of a drinking water Project must meet or exceed provincial standards.
  3. Solid waste diversion Projects must result in a measurable increase in the quantity of material diverted from disposal as measured against a baseline using the Generally Accepted Principles for Calculating Municipal Solid Waste System Flow.
  4. Projects that remediate soil pollutants must be undertaken on properties that are contaminated, as confirmed by a Phase II Environmental Site Assessment.
  5. Construction Start must occur by September 30, 2023 for any Project that is a pathway or active transportation Project.

A.5 Community, Culture and Recreation Infrastructure

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

Eligible Project Outcomes

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

Community, Culture and Recreation Infrastructure Outcomes Table
Improved access to and/or increased quality of community, cultural, and/or recreational infrastructure

Ineligible Projects
1. When a project aligns with an outcome in the Community, Culture and Recreation Infrastructure Outcomes Table, it is not eligible for contribution funding under this Agreement if it:
  1. has a private sector, for-profit Ultimate Recipient;
  2. is a stand-alone daycare facility, for-profit daycare facility, daycare facility associated with a school board, or a daycare facility funded under Canada’s Early Learning and Child Care initiative;
  3. is a religious site that serves as a place of assembly for religious purposes, which includes among others, a site, church, mosque, synagogue, temple, chapel (e.g., within a convent or seminary), shrine or meeting house;
  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; or
  5. is a health facility or an education facility, unless it benefits Indigenous people by advancing the Truth and Reconciliation Commission’s Calls to Action as approved by Canada.
2. Within Community Infrastructure Projects that align with an outcome in the Community, Culture and Recreation Infrastructure Outcomes Table, elements of the Project that include dedicated spaces for healthcare, education or tourism purposes; provincial or municipal services; or for-profit uses are ineligible for contribution funding under this Agreement, except for dedicated healthcare or education spaces that benefit Indigenous people by advancing the Truth and Reconciliation Commission’s Calls to Action, as approved by Canada.
Stacking and Cost-Sharing
1. Unless otherwise approved by Canada, the maximum funding from all federal sources to a Project approved for community, culture and recreation infrastructure stream contribution funding under this Agreement will be up to:
  1. Fifty percent (50%) of Eligible Expenditures for Alberta,
  2. Forty percent (40%) of Eligible Expenditures for municipalities, and not-for-profit organizations, or
  3. Seventy-five percent (75%) of Eligible Expenditures for Indigenous Ultimate Recipients notwithstanding a) and b) in this section.
Federal Requirements
Each Project that aligns with an outcome in the Community, Culture and Recreation Infrastructure Outcomes Table must meet the following requirements, as applicable:
1. Community, culture and recreation Projects must be community-oriented, non-commercial in nature and open for use to the public and not limited to a private membership.
2. Alberta will prioritize assets that serve vulnerable populations.
3. “Community Infrastructure” is defined as community hubs and community centres. These are publicly accessible, multi-purpose spaces that bring together a variety of different services, programs and/or social and cultural activities to reflect local community needs.
4. Health and education facilities must benefit Indigenous people by advancing the Truth and Reconciliation Commission’s Calls to Action, as approved by Canada.

A.6 Rural and Northern Communities Infrastructure

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

Eligible Project Outcomes

Projects eligible for rural and northern communities infrastructure stream contribution funding under this Agreement:

must align with at least one of the outcomes in the Rural and Northern Communities Infrastructure Outcomes Table, except for planning projects, as described in paragraph ii) of section A.2 b) (Eligible Projects), where the eventual infrastructure project must align with at least one of the outcomes in the Rural and Northern Communities Infrastructure Outcomes Table; or

Rural and Northern Communities Infrastructure Outcomes Table
Improved food security
Improved and/or more reliable road, air and/or marine infrastructure
Improved access to broadband connectivity, including Internet and mobile wireless infrastructure
More efficient and/or reliable energy
Improved education and/or health facilities (specific to the Truth and Reconciliation Commission’s Calls to Action)

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

Ineligible Projects
When a project aligns with an outcome in the Rural and Northern Communities Infrastructure Outcomes Table, it is not eligible for contribution funding under this Agreement if it:
1. is privately-owned housing;
2. is an early learning and childcare facility;
3. is a health facility, or an education facility, except to benefit Indigenous peoples by advancing the Truth and Reconciliation Commission’s Calls to Action, as approved by Canada;
4. is highway or trade corridor infrastructure, except for portions that connect communities that do not already have year round road access;
5. is resource development infrastructure, notably industrial resource development access roads; or
6. is a mobile wireless project, unless Construction Start for the project can occur by September 30, 2023.

Stacking and Cost-Sharing
1. Unless otherwise approved by Canada, the maximum funding from all federal sources to a Project that is approved for rural and northern communities infrastructure stream contribution funding under this Agreement will be up to:
  1. Fifty percent (50%) of Eligible Expenditures for Alberta, municipalities with a population of five thousand (5,000) or more and not-for-profit Ultimate Recipients;
  2. Sixty percent (60%) of Eligible Expenditures for municipalities and regional governments with a population of less than five thousand (5,000);
  3. Seventy-five percent (75%) of Eligible Expenditures for Indigenous Ultimate Recipients; or
  4. Twenty-five percent (25%) of Eligible Expenditures for for-profit, private sector Ultimate Recipients, except for for-profit private sector Ultimate Recipients carrying out a project under the “Improved access to broadband connectivity, including Internet and mobile wireless infrastructure” outcome in the Rural and Northern Communities Infrastructure Outcomes Table, for which the maximum funding from all federal sources will be up to:
    1. Fifty percent (50%) of Eligible Expenditures for that project carried out in Alberta; or
    2. Seventy-five percent (75%) of Eligible Expenditures for that project carried out in communities that are governed by one of the entities listed in paragraph ii) e) of section A.2 a) (Ultimate Recipients).
Federal Requirements
1. Each Project that aligns with an outcome in the Rural and Northern Communities Infrastructure Outcomes Table must meet the following requirements:
  1. Projects will be restricted to those situated within, and that are for the direct benefit of, rural and northern communities with a population of one hundred thousand (100,000) or less based on 2016 Statistics Canada Census data.
  2. Alberta will respect the unique and wide-ranging infrastructure needs of rural and northern communities, including by considering projects that would advance reconciliation with Indigenous Peoples as per the Truth and Reconciliation Commission’s Calls to Action and the United Nations’ Declaration on the Rights of Indigenous Peoples, as well as capacity building needs of rural and northern communities.
  3. Construction Start must occur by September 30, 2023 for any Project that is a mobile wireless Project.

A.7 COVID-19 Resilience Infrastructure

Objective

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

Eligible Projects

Projects eligible for COVID-19 resilience infrastructure stream contribution funding under this agreement must comply with a project category and sub-category in the COVID-19 resilience infrastructure project categories and sub-categories table, as determined by Canada.

COVID-19 Resilience Infrastructure Project Categories and Sub-Categories Table
Project Categories	Project Sub-Categories
Retrofits, repairs and upgrades	Municipal (local government) and provincial/territorial/Indigenous buildings Health infrastructure Educational Infrastructure
COVID-19 Resilience Infrastructure	Any public infrastructure asset* where the purpose of the project is to build, modify and/or reconfigure the asset to respond to the COVID-19 pandemic. This includes temporary infrastructure.
Active transportation infrastructure	Active transportation infrastructure, including parks, trails, foot bridges, bike lanes and multi-use paths
Disaster mitigation and adaptation infrastructure	Any public infrastructure asset, including Natural Infrastructure, where the purpose of the project is to build, modify and, or reinforce to prevent, mitigate or protect against the impacts of climate change, disasters triggered by natural hazards, and extreme weather events. Any public infrastructure asset*, including Natural Infrastructure, where the purpose of the project is to build, modify and, or reinforce to prevent, mitigate or protect against floods and fires. Assets associated with afforestation and reforestation
Projects in publicly-owned buildings whose primary purpose is to increase outdoor air intake and/or increase air cleaning	Any publicly-owned infrastructure asset that serves populations that are more susceptible to poor outcomes if they contract COVID-19 Any publicly-owned infrastructure asset with high occupancies Any publicly-owned infrastructure where activities take place that are at higher risk of infectious aerosol particle generation and COVID-19 transmission Any publicly-owned infrastructure asset that remains open through lockdown, or is the last to close when restrictions are increased, in order to provide services Any publicly-owned infrastructure asset that has been identified by public health authorities as higher risk for outbreaks based on local conditions
*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.

Ineligible Projects

When a project complies with a project category and sub-category in the covid-19 resilience infrastructure project categories and sub-categories table, it is not eligible for contribution funding under this agreement if it:
1. is tourism infrastructure;
2. is a facility that serves as a home to a professional sports team;
3. is a planning project, unless the project is funded under category 5; or
4. is a project funded under category 5 that has a private sector for-profit Ultimate Recipient or a not-for-profit Ultimate Recipient.

Stacking and Cost-Sharing
1. The maximum funding from all federal sources to a Project approved for COVID-19 resilience infrastructure stream contribution funding under this Agreement will be up to:
  1. Eighty percent (80%) of Eligible Expenditures for municipalities, not-for profit organizations, and Alberta;
  2. One hundred percent (100%) of Eligible Expenditures for Indigenous Ultimate Recipients; or
  3. Twenty-five percent (25%) of Eligible Expenditure for any for-profit, private sector Ultimate Recipients.
2. The maximum funding to a Project under the COVID-19 resilience infrastructure stream from all federal sources will not exceed the limits set out in paragraph i) of this section.
3. If the federal Crown’s total funding towards a Project under the COVID-19 resilience infrastructure stream exceeds the federal funding limits set out in paragraphs 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 Alberta or reduce its contribution by an amount equal to the excess.
4. Canada’s contribution to all Projects under the COVID-19 resilience infrastructure stream will not exceed the amount as set out in section A.1 a) v. of this Schedule.
Federal Requirements
Each Project that complies with a project category and sub-category in the COVID-19 Resilience Infrastructure Project Categories and Sub-Categories Table must meet the following requirements:
1. A COVID-19 resilience infrastructure stream Project must not exceed ten million dollars ($10,000,000) in total estimated Eligible Expenditures.
2. Construction Start for a COVID-19 resilience infrastructure stream Project must occur by September 30, 2023, except for Projects funded under category 5 which do not have a Construction Start date.
3. Unless otherwise agreed to by Canada, a COVID-19 resilience infrastructure stream Project must be Substantially Completed by December 31, 2023, or by December 31, 2024 if the Project is in a Remote Community.
4. Projects funded under category 5 must be owned by a public-sector body.
5. Canada’s contribution to all school Projects funded under category 5, when taken together, must not exceed eleven million ninety-six thousand nine hundred ninety-five dollars ($11,096,995), as set out in Section 4 (Commitments by Alberta).

Schedule B – Communications Protocol

B.1 Purpose

This Communications Protocol outlines the roles and responsibilities of each of the Parties to this Agreement, as well as those of the Ultimate Recipient, with respect to Communications Activities related to this Agreement and the Projects funded through it.
This Communications Protocol will guide the planning, development and implementation of all Communications Activities to ensure clear, consistent and coordinated communications to the Canadian public.
The provisions of this Communications Protocol apply to all Communications Activities related to this Agreement and any Projects funded under this Agreement.

B.2 Guiding Principles

Communications Activities undertaken in accordance with this Communications Protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about funded Projects and their benefits.
Alberta is responsible for communicating the requirements and responsibilities outlined in this Communications Protocol to Ultimate Recipients.

B.3 Governance

The Parties will designate communications contacts that will be responsible for overseeing this Protocol’s implementation and reporting on its results to the Oversight Committee.

B.4 Joint Communications

Canada and Alberta will have Joint Communications about the funding of the Project(s).
Joint Communications under this Agreement should not occur without the prior knowledge and agreement of all Parties, as well as the Ultimate Recipient, where applicable.
All Joint Communications material will be approved by both Parties and will recognize the funding of all parties.
Each of the Parties or the Ultimate Recipient may request Joint Communications to communicate to Canadians about the progress or completion of the Project(s). The requestor will provide at least 15 business days notice to the other Parties or the Ultimate Recipient. If the Communications Activity is an event, it will take place at a mutually agreed date and location.
The requestor of the Joint Communications will provide an equal opportunity for the other Parties or the Ultimate Recipient to participate and choose their own designated representative (in the case of an event).
Alberta or the Ultimate Recipient will be responsible for providing onsite communications and logistics support. Any related costs are eligible for cost-sharing in accordance with the formula outlined in the funding agreement.
Canada has an obligation to communicate in English and French. Joint communications products must be bilingual and include the Canada word mark and other Parties logos. Canada will provide the translation and final approval on products.
The conduct of all Joint Communications will follow each party’s applicable policies and procedures.

B.5 Individual Communications

Notwithstanding section B.4 of this Communications Protocol (Joint Communications), Canada and Alberta retain the right to meet their obligations to communicate information to Canadians about the Agreement and the use of funds through their own Communications Activities.
Canada will post a copy of this agreement on its website, in addition to information on any of the projects funded through it.
Canada, Alberta and the Ultimate Recipient may each include general Program messaging and examples of projects funded though the Agreement in their own Communications Activities. The authoring Party will not unreasonably restrict the use of such products or messaging by the other Parties; and if web or social-media based, from linking to it.
Canada, Alberta or the Ultimate Recipient may issue digital communications to communicate progress of the Project(s).
Where a web site or web page is created to promote or communicate progress on a funded Project or Projects, it must recognize both Parties funding through the use of a digital sign or through the use of the Canada wordmark and the following wording, “This project is funded in part by the Government of Canada.” The Canada wordmark or digital sign must link to Infrastructure Canada’s website, at www.infrastructure.gc.ca. Canada will provide and publish guidelines for how this recognition is to appear.
The Ultimate Recipient will be required to send a minimum of one photograph to each of the Parties of the construction in progress, or of the completed project, for use in social media and other digital individual communications activities. Sending the photos will constitute permission to use and transfer of copyright. Photographs are to be sent to INFC.photos@canada.ca along with project name and location.

B.6 Operational Communications

The Ultimate Recipient is solely responsible for operational communications with respect to Projects, including but not limited to: calls for tender, or construction and public safety notices. Operational communications as described above are not subject to the federal official language policy.
Canada does not need to be informed on operational communications. However, such products should include, where appropriate, the following statement, “This project is funded in part by the Government of Canada.” As appropriate, operational communications will also recognize the funding of Alberta in a similar manner.

B.7 Media Relations

Canada and Alberta will share information promptly with the other Party should significant media inquiries be received or emerging media or stakeholder issues arise to a Project or the overall fund.

B.8 Signage

Canada, Alberta, or the Ultimate Recipient may request a sign recognizing their funding contribution to a Project.
Where a physical sign is to be installed, unless otherwise agreed upon by Canada, it will be the Ultimate Recipient who will produce and install a joint physical sign that recognizes funding of each Party at each Project site in accordance with current federal signage guidelines.
The joint sign design, content, and installation guidelines will be provided by Canada.
The recognition of funding contributions of each Party and the Ultimate Recipient will be of equal prominence and visibility.
A digital sign may also be used in addition or in place of a physical sign in cases where a physical would not be appropriate due to project type, scope, location or duration.
Where the Ultimate Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the federal contribution and be approved by Canada.
Alberta agrees to inform Canada of sign installations through the Project progress reports referenced in section 14 (Reporting) of this Agreement.
Where a physical sign is being installed, signage should be installed at each Project site one (1) month prior to the start of construction, be visible for the duration of that Project, and remain in place until one (1) month after construction is completed and the infrastructure is fully operational or opened for public use.
Signage should be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility.

B.9 Communicating With Ultimate Recipients

Alberta agrees to facilitate, as required, communications between Canada and the Ultimate Recipient for Communications Activities.

B.10 Advertising Campaigns

Recognizing that advertising can be an effective means of communicating with the public, Canada and/or Alberta may, at their own cost, organize an advertising or public information campaign related to this Agreement or eligible Projects. However, such a campaign will respect the provisions of this Agreement. In the event of such a campaign, the sponsoring Party or Ultimate Recipient will inform the other Parties or Ultimate Recipient of its intention no less than twenty-one (21) working days prior to the campaign launch.

Schedule C – Targets

When applicable, Alberta will report to Canada on the following aspirational targets, as outlined in this Agreement. Canada will not suspend or terminate any of its obligations to contribute to one or more Projects or Administrative Expenses in the event these targets are not achieved:
1. Increase by at least twenty five percent (25%) the modal share for public transit and active transportation.
2. Ensure ninety-eight percent (98%) of people in a municipality with a public transit system live within the service area of their transit system.
3. Contribute to a national ten mega-tonne (10 mT) reduction of greenhouse gas emissions.
4. Reduce by one hundred percent (100%) the number of long-term drinking water advisories in non-reserve communities.
5. Increase the number of wastewater systems achieving compliance with federal effluent regulations: from ninety-eight percent (98%) to one hundred percent (100%) for high-risk wastewater systems, and from eighty-five percent (85%) to ninety-five percent (95%) for medium-risk wastewater systems.
6. Ensure one hundred percent (100%) of federally-funded public-facing infrastructure meets the highest published applicable accessibility standard in a respective jurisdiction.
7. Increase by at least five per cent (5%), the number of rural households with access to a broadband speed range of 50Mbps or higher by 2028. This target could be reviewed and, if necessary adjusted, subject to the development of a broadband strategy in Alberta.
The Parties agree, following the review described in paragraph a) of section 19 (Evaluation), to assess project achievements in comparison to the established targets listed in paragraph a) of Schedule C (Targets). Consequently, the Parties agree that existing targets may be adjusted or new targets established, in accordance with section 25.8 (Amendments).

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Date modified:: 2024-02-23

Integrated Bilateral Agreement (for the Investing in Canada Infrastructure Program)Canada - Alberta

Canada — Alberta Integrated Bilateral Agreement for the Investing In Canada Infrastructure Program - Amended and Restated Agreement

1. Interpretation

2. Purpose of the agreement

3. Commitments by Canada

4. Commitments by Alberta

5. Appropriations

6. Fiscal Year Budgeting

7. Oversight Committee

8. Alberta Investing in Canada Infrastructure Program Infrastructure Plan

9. Project Submission, Approval and Changes

9.1 Project Submission and Approval

9.2 Changes to a Project

10. Federal Requirements for Projects

11. Environmental Assessment

12. Indigenous Consultation

13. Awarding of Contracts

14. Reporting

15. Claims And Payments

15.1 Claims And Payments

15.2 Payment Conditions

15.3 Claims And Final Payment Deadline

15.4 Retention of Contribution

16. Administrative Expenses

17. Information Management

18. Audit

19. Evaluation

20. Access

21. Dispute Resolution

22. Default

22.1 Events Of Default

22.2 Declaration of Default

22.3 Remedies on Default

23. Limitation of Liability and Indemnification

23.1 Limitation of Liability

23.2 Indemnification

24. Assets

24.1 Disposal of Assets

24.2 Revenue From Assets

24.3 Repayable Contributions

25. General

25.1 Accounting Principles

25.2 Survival

25.3 No Agency, Partnership, Joint Venture, Etc.

25.4 No Authority To Represent

25.5 Counterpart Signature

25.6 Severability

25.7 Assignment

25.8 Amendments

25.9 Waiver

25.10 Notice

25.11 Compliance With Laws

25.12 Governing Law

25.13 Successors And Assigns

Signatures

Schedule A – Program Details

A.1 Contribution Funding

Schedule B – Communications Protocol

Schedule C – Targets

Thank you for your help!

Integrated Bilateral Agreement (for the Investing in Canada Infrastructure Program)
Canada - Alberta