This Amending Agreement No. 4 is made as of the date of last signature

BETWEEN: HIS MAJESTY THE KING 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 THE KING IN RIGHT OF PRINCE EDWARD ISLAND, as represented by the Minister of Transportation and Infrastructure (“Prince Edward Island”)

individually referred to as a "Party" and collectively referred to as the "Parties".

WHEREAS the Minister of Intergovernmental Affairs, Infrastructure and Communities is responsible for the program entitled the “Investing in Canada Infrastructure Program” (“ICIP”);

WHEREAS the Parties entered into an Agreement dated August 16, 2018, setting out the terms and conditions for Canada’s contribution under the Canada-Prince Edward Island Integrated Bilateral Agreement for the ICIP (“the Original Agreement”);

WHEREAS the Parties amended the Original Agreement (“Amending Agreement No. 1”) on September 28, 2020;

WHEREAS the Parties amended the Original Agreement, as amended, (“Amending Agreement No. 2”) on January 26, 2021;

WHEREAS the Parties amended the Original Agreement, as amended, (“Amending Agreement No. 3”) on May 13, 2021 (the Original Agreement together with Amending Agreement No. 1, Amending Agreement No. 2 and Amending Agreement No. 3 are hereafter referred to as “the Agreement”);

WHEREAS the Parties wish to amend the Agreement by executing this agreement (“Amending Agreement No. 4”) 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 ICIP changes introduced by the Government of Canada’s Budget 2022;

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

1. Amendments to the Agreement

1.1 The definition of “Agreement End Date” in Section 1.1 (Definitions) is deleted and replaced by:

“Agreement End Date” means March 31^st, 2034.

1.2 Paragraph a) of Section 3 (Commitments by Canada) is deleted and replaced by:

1. Canada agrees to provide contribution funding to Prince Edward Island 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 Prince Edward Island by Canada under all streams taken together of this Agreement will be up to three hundred seventy-six million two hundred fifty-one thousand six hundred fifty dollars ($376,251,650).

1.3 Paragraph d) of Section 3 (Commitments by Canada) is deleted and replaced by:

4. Canada agrees to review requests from Prince Edward Island 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. 

1.4 Paragraph c) of Section 4 (Commitments by Prince Edward Island) is deleted and replaced by:

3. For Projects funded under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, and the rural and northern communities infrastructure stream Prince Edward Island will ensure that all Projects are Substantially Completed by October 31^st, 2033. For Projects funded under the COVID-19 resilience infrastructure stream, Prince Edward Island will ensure that, unless otherwise agreed to by Canada, all Projects are Substantially Completed by December 31^st, 2023, or by December 31^st, 2024 if the Project is in a Remote Community.

1.5 Paragraph p) of Section 4 (Commitments by Prince Edward Island) is deleted and replaced by:

16. Prince Edward Island will submit for Canada’s review and approval all projects to be considered for contribution funding under this Agreement by March 31^st, 2023.

1.6 Paragraph r) of Section 4 (Commitments by Prince Edward Island) is deleted and replaced by:

18. Prince Edward Island may allocate a maximum of three million seven hundred sixty-two thousand five hundred seventeen dollars ($3,762,517) 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).

1.7 Paragraph u) of Section 4 (Commitments by Prince Edward Island) is deleted and replaced by:

21. Prince Edward Island acknowledges that for any Project with a federally required Construction Start date of September 30th, 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 Construction Start for the Project does not occur by September 30th, 2023 Canada will cancel the Project under this Agreement.

1.8 Paragraph v) of Section 4 (Commitments by Prince Edward Island) is deleted and replaced by:

22. Prince Edward Island will allocate a minimum of nine million two hundred seventy-four thousand three hundred twenty-seven dollars ($9,274,327) 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).

1.9 Paragraph w), as set out below, is added to Section 4 (Commitments by Prince Edward Island), after paragraph v):

23. Prince Edward Island agrees that a maximum of four million seven hundred thirty-eight thousand one hundred forty-four dollars ($4,738,144) 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).

1.10 Paragraph e) of Section 14 (Reporting) is deleted and replaced by:

5. For all Projects funded under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, and the rural and northern communities infrastructure stream, Prince Edward Island will complete all reporting requirements as defined under paragraphs a), b) and d) in this section, to Canada’s satisfaction, no later than December 31^st, 2033. For Projects funded under the COVID-19 resilience infrastructure stream, Prince Edward Island will complete all reporting requirements as defined under paragraphs a) and c) in this section, to Canada’s satisfaction, no later than July 31^st 2024, or July 31^st 2025 for Projects in Remote Communities, unless otherwise agreed to by Canada.

1.11 Paragraph c) of Section 15.1 (Claims and Payments) is deleted and replaced by:

3. For Projects funded under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, and the rural and northern communities infrastructure stream, Prince Edward Island will submit a final claim to Canada covering Eligible Expenditures no later than December 31^st, 2033 to Canada’s satisfaction. For all Projects funded under the COVID-19 resilience infrastructure stream, Prince Edward Island will submit a final claim to Canada covering Eligible Expenditures no later than July 31^st 2024, or July 31^st 2025 for Projects in Remote Communities, unless otherwise agreed to by Canada.

1.12 Paragraph b) of Section 15.3 (Payment Deadline) is deleted and replaced by:

2. For all Projects funded under the public transit stream, the green infrastructure stream, the community, culture and recreation infrastructure stream, and the rural and northern communities infrastructure stream, Canada will make the final payment no later than March 31^st, 2034. For all Projects funded under the COVID-19 resilience infrastructure stream, Canada will make the final payment no later than October 31^st 2024, or October 31^st 2025 for Projects in Remote Communities, unless otherwise agreed to by Canada.

1.13 Section A.1 (Contribution Funding) of Schedule A – Program Details, is deleted and replaced by:

A.1 Contribution Funding

1. Contribution by Canada

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

   1. under the public transit stream, up to thirteen million one hundred twenty-eight thousand six hundred ninety-two dollars two cents ($13,128,692.02), to be paid in accordance with Schedules A.2 (General Program Requirements) and A.3 (Public Transit)
   2. under the green infrastructure stream, up to one hundred eighty-eight million four hundred ninety-three thousand seven hundred sixty-six dollars sixty-nine cents ($188,493,766.69), to be paid in accordance with Schedules A.2 (General Program Requirements) and A.4 (Green Infrastructure)
   3. under the community, culture and recreation infrastructure stream, up to  forty-eight million sixty-four thousand three hundred eighty-three dollars ninety-four cents ($48,064,383.94), to be paid in accordance with A.2 (General Program Requirements) and A.5 (Community, Culture and Recreation Infrastructure)
   4. under the rural and northern communities infrastructure stream, up to eighty million five hundred ninety-two thousand seven hundred forty-eight dollars thirty-five cents ($80,592,748.35), to be paid in accordance with Schedules A.2 (General Program Requirements) and A.6 (Rural and Northern Communities Infrastructure)
   5. under the COVID-19 resilience infrastructure stream, up to forty-five million nine hundred seventy-two thousand fifty-nine dollars ($45,972,059), to be paid in accordance with A.2 (General Program Requirements) and A.7 (COVID-19 Resilience Infrastructure), which includes a minimum of nine million two hundred seventy-four thousand three hundred twenty-seven dollars ($9,274,327) to be allocated to Projects approved under category 5 of the COVID-19 resilience infrastructure stream   
2. Fiscal Year Breakdown

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

All Streams Estimated Fiscal Year Breakdown Table

	Public Transit – Canada ($M)	Green Infrastructure – Canada ($M)	Community, Culture and Recreation Infrastructure – Canada ($M)	Rural and Northern Communities Infrastructure – Canada ($M)	COVID-19 Resilience Infrastructure – Canada ($M)
2018-2019	$0.00	$0.00	$0.00	$0.00
2019-2020	$97,925.93	$1,959,753.69	$4,765,353.26	$4,790,076.76
2020-2021	$1,060,640.64	$7,268,020.38	$4,610,704.03	$23,193,639.12	$1,345,320.37
2021-2022	$1,117,899.46	$32,309,652.40	$7,603,310.52	$11,442,418.75	$13,519,633.59
2022-2023	$655,203.83	$39,084,577.30	$6,524,807.43	$16,217,131.95	$23,600,088.24
2023-2024	$2,046,916.25	$81,023,067.26	$13,124,656.15	$12,473,090.74	$7,507,016.80
2024-2025	$3,067,025.91	$23,267,207.55	$10,268,390.22	$4,062,847.76	$0.00
2025-2026	$2,508,970.00	$1,193,829.37	$389,054.11	$4,062,847.76
2026-2027	$2,508,970.00	$1,193,829.37	$389,054.11	$4,062,847.76
2027-2028	$65,140.00	$1,193,829.37	$389,054.11	$287,847.75
2028-2029	$0.00	$0.00	$0.00	$0.00
2029-2030	$0.00	$0.00	$0.00	$0.00
2030-2031	$0.00	$0.00	$0.00	$0.00
2031-2032	$0.00	$0.00	$0.00	$0.00
2032-3033	$0.00	$0.00	$0.00	$0.00
2033-2034	$0.00	$0.00	$0.00	$0.00
TOTAL	$13,128,692.02	$188,493,766.69	$48,064,383.94	$80,592,748.35	$45,972,059

1.14 Paragraph b) i. b) of Section A.3 (Public Transit) of Schedule A – Program Details is deleted and replaced by:

2. 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. Prince Edward Island will ensure that any applicable Ultimate Recipient Agreements are amended to reflect these funding allocation changes.

1.15 Paragraph e) i. of Section A.3 (Public Transit) of Schedule A - Program Details is deleted and replaced by:

5. 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 Prince Edward Island for new construction and expansion of public transit and active transportation;
2. Fifty percent (50%) of Eligible Expenditures in Prince Edward Island 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.

1.16 Paragraph b) of Section A.4 (Green Infrastructure) of Schedule A - Program Details is deleted and replaced by:

2. Canada’s Contribution
1. Allocation to Sub-Streams
1. Prince Edward Island agrees to allocate a minimum of ninety-five million four hundred ninety-five thousand four hundred seven dollars ($95,495,407) 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).

1.17 Paragraph e) i. of Section A.4 (Green Infrastructure) of Schedule A – Program Details is deleted and replaced by:

5. 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 Prince Edward Island;
2. Forty percent (40%) of Eligible Expenditures for municipalities, regional governments and not-for-profit organizations;
3. Seventy-five percent (75%) of Eligible Expenditures for Indigenous Ultimate Recipients; or
4. Twenty-five percent (25%) of Eligible Expenditures for any for-profit, private sector Ultimate Recipients, notwithstanding paragraphs a), b) or c) in this section.

1.18 Paragraph d) i. of Section A.5 (Community, Culture and Recreation Infrastructure) of Schedule A – Program Details is deleted and replaced by:

4. 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 Prince Edward Island,
2. Forty percent (40%) of Eligible Expenditures for municipalities, regional governments and not-for-profit organizations, or
3. Seventy-five percent (75%) of Eligible Expenditures for Indigenous Ultimate Recipients notwithstanding a) and b) in this section.

1.19 Paragraph d) i. of Section A.6 (Rural and Northern Communities Infrastructure) of Schedule A – Program Details is deleted and replaced by:

4. 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 Prince Edward Island, municipalities and regional governments with a population of five thousand (5,000) or more and not-for-profit Ultimate Recipients;
2. Sixty percent (60%) of Eligible Expenditures for municipalities and regional governments with a population of less than five thousand (5,000);
3. Seventy-five percent (75%) of Eligible Expenditures for Indigenous Ultimate Recipients; or
4. Twenty-five percent (25%) of Eligible Expenditures for for-profit, private sector Ultimate Recipients, except for for-profit private sector Ultimate Recipients carrying out a project under the “Improved access to broadband connectivity, including Internet and mobile wireless infrastructure” outcome in the Rural and Northern Communities Infrastructure Outcomes Table, for which the maximum funding from all federal sources will be up to:
1. Fifty percent (50%) of Eligible Expenditures for that project carried out in Prince Edward Island; 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).

1.20 Paragraph e) of Section A.7 (COVID-19 Resilience Infrastructure) of Schedule A – Program Details is deleted and replaced by:

5. Federal Requirements

Each Project that complies with a project category and sub-category in the COVID-19 Resilience Infrastructure Project Categories and Sub-Categories Table must meet the following requirements:

1. A COVID-19 resilience infrastructure stream Project must not exceed ten million dollars ($10,000,000) in total estimated Eligible Expenditures.
2. Construction Start for a COVID-19 resilience infrastructure stream Project must occur by September 30th, 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^st, 2023, or by December 31^st, 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 four million seven hundred thirty-eight thousand one hundred forty-four dollars ($4,738,144), as set out in Section 4 (Commitments by Prince Edward Island).

2. Effect of amendments

• All capitalized terms not otherwise defined herein have the meaning ascribed to them in the Agreement.
• Except for the amendments provided for in this Amending Agreement No. 4, the obligations, covenants, and terms and conditions set forth in the Agreement will continue to remain in full force and effect.
• This Amending Agreement No. 4 may be signed in counterpart, and the signed copies will, when attached, constitute the original Amending Agreement No. 4  and will form part of the Agreement.
• This Amending Agreement No. 4 shall be effective as of the date it is signed by the last Party.

3. Signatures

This Amending Agreement No.4 has been executed on behalf of His Majesty the King in right of Canada by the Minister of Intergovernmental Affairs, Infrastructure and Communities and on behalf of His Majesty the King in right of the Province of Prince Edward Island by the Minister of Transportation and Infrastructure.