1. Amendments to the Agreement

1.1. The following definition is added to section 1 (1.1) (Definitions):

“Indigenous Governing Body” means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.  “Indigenous peoples of Canada” has the meaning assigned by the definition of aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.

1.2 Paragraph f) of section 3 (Commitments by Canada) is deleted and replaced by:

f) Funding under the public transit stream, as described in Schedule A.2 (Public Transit) can be transferred to the green infrastructure stream, as described in Schedule A.3 (Green Infrastructure), and/or the rural and northern communities infrastructure stream as described in Schedule A.5 (Rural and Northern Communities Infrastructure) where the funds transferred to the rural and northern communities infrastructure stream are to fund remote airport projects that align with an outcome in the Green Infrastructure Outcomes Table, as set out in section A.3 c) (Eligible Project Outcomes), to the satisfaction of both Parties. Canada agrees to review requests from Saskatchewan to transfer part of the contribution funding indicated in section 3, paragraphs a), b), c) and d) between Program streams in order to reflect Saskatchewan’s needs. Any request must be justified and assessed by the Oversight Committee, subject to section 25.10 (Amendments).

1.3 Paragraph i) of section 4 (Commitments by Saskatchewan) is deleted and replaced by:

i) Saskatchewan 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) federal target groups (apprentices, Indigenous peoples, women, persons with disabilities, veterans, youth, new Canadians, or small-medium-sized enterprises and social enterprises), except for planning Projects, as set out in paragraph ii) of section A.1 b) (Eligible Projects). Canada will waive the community employment benefits reporting requirement at the discretion of Saskatchewan. Saskatchewan will provide Canada a rationale for not reporting on community employment benefits as described in this section, which will be made public by Canada.

1.4. Paragraph q), as set out below, is added to section 4 (Commitments by Saskatchewan):

q) Saskatchewan may allocate a maximum of eight million nine hundred sixty-three thousand two hundred and thirty dollars ($8,963,230) to planning Projects from the sum of Canada’s contribution funding under paragraphs a) through d) taken together of section 3 (Commitments by Canada), in accordance with paragraph ii) of section A.1 b) (Eligible Projects).

1.5 Paragraph f) of section 8 (Saskatchewan Infrastructure Plan) is deleted and replaced by:

f) The submission of any Saskatchewan infrastructure plan to Canada’s satisfaction does not constitute approval of projects by Canada under this Agreement. Saskatchewan may submit projects for approval by Canada in accordance with section 9.1 (Project Submission and Approval) that are not included on a submitted infrastructure plan, with the exception of planning projects, as described in paragraph ii) of section A.1 b) (Eligible Projects), where the eventual infrastructure project must be included on a submitted infrastructure plan.

1.6. Section 10 (Federal Requirements for Projects) is deleted and replaced by

10. FEDERAL REQUIREMENTS FOR PROJECTS

In addition to the requirements for eligible Projects as set out in Schedule A (Program Details), eligible Projects, except for planning Projects as set out in paragraph ii) of section A.1 b) (Eligible Projects), must also meet the following requirements:

1. A Project must meet or exceed the highest energy efficiency standards for buildings in Saskatchewan.
2. A Project must meet or exceed the requirement of the highest published accessibility standard in a jurisdiction in addition to applicable provincial building codes and relevant municipal by-laws.

1.7 Paragraph ii) d) of section A.1 a) (Ultimate Recipients) is deleted and replaced by:

d. 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

1.8 Paragraph ii) e) of section A.1 a) (Ultimate Recipients) is deleted and replaced by:

e) The following Indigenous Ultimate Recipients:

1. An Indigenous Governing Body, including but not limited to:
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
2. An Indigenous development corporation; and
3. A not-for-profit organization whose central mandate is to improve Indigenous outcomes.

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

b) Eligible Projects

1. Eligible Projects will support public infrastructure, defined as tangible capital assets primarily for public use and/or benefit, in accordance with sections A.2 c), A.3 c), A.4 c), and A.5 c) of this Schedule.
2. Planning projects can be considered eligible Projects if:
1. They are transformational in nature, as determined by Canada;
2. They support the eventual construction of an infrastructure project that aligns with at least one of the outcomes listed in the outcomes tables in sections A.2 c), A.3 c), A.4 c), A.5 c) of this Schedule, and this eventual infrastructure project is included in the Saskatchewan Infrastructure Plan, as described in section 8 (Saskatchewan Infrastructure Plan); and
3. The Ultimate Recipient is a municipal or regional government with a population of less than five thousand (5,000).

1.10. Paragraph iv) of section A.1 c) (Eligible Expenditures) is deleted and replaced by:

iv. Costs will only be eligible as of Project approbal, 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 Saskatchewan); and
2. Costs associated with Aboriginal consultation and engagement activities, which are retroactively eligible from February 15, 2018, for Projects approved after February 7, 2019.

1.11. Paragraph i) of section A.1 e) (Ineligible Expenditures) is deleted and replaced by:

i. 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 Saskatchewan); and
2. Costs associated with Aboriginal consultation and engagement activities, which are retroactively eligible from February 15, 2018, for Projects approved after February 7, 2019.

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

c) Eligible Project Outcomes

Projects eligible for public transit stream contribution funding under this Agreement must align with at least one of the outcomes in the Public Transit Outcomes Table, except for planning projects, as described in paragraph ii) of section A.1 b) (Eligible Projects), where the eventual infrastructure project must align with at least one of the outcomes in the Public Transit Outcomes Table.

Public Transit Outcomes Table

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

c) Eligible Project Outcomes
Projects eligible for green infrastructure stream contribution funding under this Agreement must align with at least one of the outcomes in the Green Infrastructure Outcomes Table, except for planning projects, as described in paragraph ii) of section A.1 b) (Eligible Projects), where the eventual infrastructure project must align with at least one of the outcomes in the Green Outcomes Table.

Green Infrastructure Outcomes Table

1.14. Paragraph d) i. a) of Section A.3 (Green Infrastructure) is deleted and replaced by:

a) involves inter-city bus, rail, port and ferry infrastructure that is not part of a public transit system. Public transit is considered to be a distinct mode of transportation conveyance that generally refers to the movement of passengers only within an urban (metropolitan) or municipal setting;

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

c) Eligible Project Outcomes
Projects eligible for community, culture and recreation infrastructure stream contribution funding under this Agreement must align with the outcome in the Community, Culture and Recreation Infrastructure Outcomes Table, except for planning projects, as described in paragraph ii) of section A.1 b) (Eligible Projects), where the eventual infrastructure project must align with at least one of the outcomes in the Community, Culture and Recreation Infrastructure Outcomes Table.

Community, Culture and Recreation Infrastructure Outcomes Table

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

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

1. must align with at least one of the outcomes in the Rural and Northern Communities Infrastructure Outcomes Table, except for planning projects, as described in paragraph ii) of section A.1 b) (Eligible Projects), where the eventual infrastructure project must align with at least one of the outcomes in the Rural and Northern Communities Infrastructure Outcomes Table; or

Rural and Northern Communities Infrastructure Outcomes Table

Improved food security

Improved and/or more reliable road, air and/or marine infrastructure

Improved broadband connectivity

More efficient and/or reliable energy

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

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

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

d) Twenty-five percent (25%) of Eligible Expenditures for for-profit, private sector Ultimate Recipients, except for for-profit private sector Ultimate Recipients carrying out a project under the “Improved Broadband Connectivity” outcome in the Rural and Northern Communities Infrastructure Outcomes Table, for which the maximum funding from all federal sources will not exceed:

1. Fifty percent (50%) of Eligible Expenditures for that project carried out in Saskatchewan; or
2. Seventy-five percent (75%) of Eligible Expenditures for that project carried out in communities that are governed by one of the entities listed in paragraph ii) e) of section A.1 a) (Ultimate Recipients).

1.18. The words “project meets” are deleted and replaced by the words “project aligns with” in the following:

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

1.19. The words “Projects that meet” are deleted and replaced by the words “Projects that align with” in the following:

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

2. EFFECT OF AMENDMENTS

2.1 All capitalized terms not otherwise defined herein have the meaning ascribed to them in the Agreement.

2.2 Except for the amendments provided for in this Amending Agreement No. 1, the obligations, covenants, and terms and conditions set forth in the Agreement will continue to remain in full force and effect.

2.3 This Amending Agreement No. 1 may be signed in counterpart, and the signed copies will, when attached, constitute the original Amending Agreement No. 1 and will form part of the Agreement.

2.4 This Amending Agreement No. ["1"] shall be effective as of the date this agreement is signed by the last Party.