This Amending Agreement No. 5 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 SASKATCHEWAN, as represented by the Minister responsible for SaskBuilds ("Saskatchewan")

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 October 17, 2018, setting out the terms and conditions for Canada's contribution under the Canada-Saskatchewan Integrated Bilateral Agreement for the ICIP ("the Agreement");

WHEREAS the Parties amended the Agreement ("Amending Agreement No. 1") on October 3, 2019;

WHEREAS the Parties amended the Agreement ("Amending Agreement No. 2") on September 25, 2020;

WHEREAS the Parties amended the Agreement ("Amending Agreement No. 3") on April 12, 2021;

WHEREAS the Parties amended the Agreement ("Amending Agreement No. 4") on May 27, 2021;

WHEREAS the Parties wish to amend the Agreement to reflect changes made to the ICIP ("Amending Agreement No. 5"), 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;

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 31st, 2034.

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

1. Canada agrees to provide contribution funding to Saskatchewan 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 Saskatchewan by Canada under all streams taken together of this Agreement will be up to nine hundred and seven million, three hundred and forty-eight thousand, six hundred and sixty-three dollars ($907,348,663).

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

4. Canada agrees to review requests from Saskatchewan 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 Saskatchewan) 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 Saskatchewan will ensure that all Projects are Substantially Completed by October 31st, 2033. For Projects funded under the COVID-19 resilience infrastructure stream, Saskatchewan will ensure that, unless otherwise agreed to by Canada, all Projects are Substantially Completed by December 31st, 2023, or by December 31st, 2024 if the Project is in a Remote Community.

1.5 Paragraph p) of Section 4 (Commitments by Saskatchewan) is deleted and replaced by:

16. Saskatchewan will submit for Canada's review and approval all projects to be considered for contribution funding under this Agreement by March 31st, 2023.

1.6 Paragraph q) of Section 4 (Commitments by Saskatchewan) is deleted and replaced by:

17. Saskatchewan may allocate a maximum of nine million, seventy-three thousand, four hundred and eighty-seven dollars ($9,073,487) 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 t) of Section 4 (Commitments by Saskatchewan) is deleted and replaced by:

20. Saskatchewan 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 u) of Section 4 (Commitments by Saskatchewan) is deleted and replaced by:

21. Saskatchewan will allocate a minimum of eleven million, twenty-five thousand, six hundred and fifty-five dollars ($11,025,655) 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 Saskatchewan):

23. Saskatchewan agrees that a maximum of six million, two hundred and fifty-eight thousand, four hundred and seventy-four dollars ($6,258,474) 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, Saskatchewan will complete all reporting requirements as defined under paragraphs a), b) and d) in this section, to Canada's satisfaction, no later than December 31st, 2033. For Projects funded under the COVID-19 resilience infrastructure stream, Saskatchewan will complete all reporting requirements as defined under paragraphs a) and c) in this section, to Canada's satisfaction, no later than July 31st 2024, or July 31st 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, Saskatchewan will submit a final claim to Canada covering Eligible Expenditures no later than December 31st, 2033 to Canada's satisfaction. For all Projects funded under the COVID-19 resilience infrastructure stream, Saskatchewan will submit a final claim to Canada covering Eligible Expenditures no later than July 31st 2024, or July 31st 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 31st, 2034. For all Projects funded under the COVID-19 resilience infrastructure stream, Canada will make the final payment no later than October 31st 2024, or October 31st 2025 for Projects in Remote Communities, unless otherwise agreed to by Canada.

1.13 Schedule A.1 (Contribution Funding) 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 Saskatchewan for Projects under each of the Program streams as follows:
   1. under the public transit stream, up to one hundred and three million, seventy-eight thousand, seven hundred and eleven dollars ($103,078,711), 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 five hundred seven-eight million, six hundred eighty-nine thousand ninety-seven dollars ($578,689,097), 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 seventy-four million three hundred twenty-four thousand, six hundred seventy-six dollars ($74,324,676), 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 one hundred thirteen million, nine hundred ninety-six thousand, one hundred fourty-three dollars ($113,996,143), 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 thirty-seven million, two hundred and sixty thousand, thirty-six dollars ($37,260,036), to be paid in accordance with A.2 (General Program Requirements) and A.7 (COVID-19 Resilience Infrastructure), which includes a minimum of eleven million, twenty-five thousand, six hundred and fifty-five dollars ($11,025,655)  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	$0.144	$6.984	$0.026	$0.054
   2020-2021	$0.310	$38.090	$4.434	$1.878	$0.00
   2021-2022	$0.632	$56.918	$18.819	$5.755	$8.538
   2022-2023	$0.338	$90.339	$22.598	$27.950	$22.005
   2023-2024	$5.338	$136.186	$12.330	$57.400	$1.654
   2024-2025	$27.338	$109.074	$4.680	$13.400	$5.063
   2025-2026	$39.301	$105.878	$7.100	$6.760
   2026-2027	$21.339	$32.882	$3.468	$0.643
   2027-2028	$8.339	$2.338	$0.870	$0.156
   TOTAL	$103.079	$578.689	$74.325	$113.996	$37.260

   *Figures included in the Fiscal Year Breakdown Table are notional and will be updated to reflect funding allocations approved for Projects under this agreement. May not sum to total due to rounding.

1.14 Paragraph b) i. b) of Schedule A.3 (Public Transit) 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. Saskatchewan will ensure that any applicable Ultimate Recipient Agreements are amended to reflect these funding allocation changes.

1.15 Paragraph e) of Schedule A.3 (Public Transit) 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 Saskatchewan for new construction and expansion of public transit and active transportation;
      2. Fifty percent (50%) of Eligible Expenditures in Saskatchewan 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 Schedule A.4 (Green Infrastructure) is deleted and replaced by:

2. Canada's Contribution
   1. Allocation to Sub-Streams
      1. Saskatchewan agrees to allocate a minimum of one hundred eighty-seven million, three hundred fifty thousand, six hundred three dollars ($187,350,603) 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) of Schedule A.4 (Green Infrastructure) 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 Saskatchewan;
      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) of Schedule A.5 (Community, Culture and Recreation Infrastructure) 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 Saskatchewan,
      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 Schedule A.6 (Rural and Northern Communities Infrastructure) 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 Saskatchewan, 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 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.2 a) (Ultimate Recipients).

1.20 Paragraph e) of Schedule A.7 (COVID-19 Resilience Infrastructure) 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 31st 2023, or by December 31st, 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 six million, two hundred and fifty-eight thousand, four hundred and seventy-four dollars ($6,258,474), as set out in Section 4 (Commitments by Saskatchewan).

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. 5, 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. 5 may be signed in counterpart, and the signed copies will, when attached, constitute the original Amending Agreement No. 5 and will form part of the Agreement.
• 2.4 This Amending Agreement No. 5 shall be effective as of the date this agreement is signed by the last Party.

3. Signatures

This Amending Agreement No. 5 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 Saskatchewan by the Minister Responsible for SaskBuilds.