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Amendment No. 2 to the Canada-Quebec Infrastructure program agreement

Agreement made on the 29th day of April 2008

BETWEEN

THE GOVERNMENT OF CANADA (hereinafter referred to as “Canada”) represented by the Minister of Transport, Infrastructure and Communities, the Minister of Labour and the Minister of the Economic Development Agency of Canada for the Regions of Quebec;

AND

THE GOVERNMENT OF QUEBEC (hereinafter referred to as “Quebec”) represented by the Minister of Finance, the Minister of Government Services, the Minister Responsible for Government Administration and Chair of the Treasury Board, the Minister of Municipal Affairs and Regions, the Minister of Transport, and the Minister Responsible for Canadian Intergovernmental Affairs, Aboriginal Affairs, the Canadian Francophonie, Reform of Democratic Institutions and Access to Information.

(collectively referred to as “the parties“)

WHEREAS the parties signed, on July 18, 2005, the Canada-Quebec Infrastructure Program Agreement concerning the Infrastructure Canada Program (ICP);

WHEREAS the Agreement was modified through Amendment No. 1 to the Canada–Quebec Infrastructure Program Agreement, signed by the parties on December 11, 2007;

WHEREAS a number of projects chosen under the Agreement cannot be completed on schedule;

WHEREAS the federal Treasury Board authorized, on December 6, 2007, postponement of the deadline for projects chosen under the ICP;

WHEREAS the parties would like to amend the Canada-Quebec Infrastructure Program Agreement a second time;

WHEREAS the Government of Quebec, by Order Number 148-2008, dated February 27, 2008, has approved this Amendment No. 2 to the Canada–Quebec Infrastructure Program Agreement;

IN WITNESS WHEREOF, the parties agree to make the following amendments to the Canada–Quebec Infrastructure Program Agreement:

1. Subparagraphs 3.11 a) ii), iii) and iv) are replaced by the following:
   
   “The management committee shall also ensure:
   
   a) ii) that any significant amendment to any already approved ICP project is approved before December 31, 2008,
   iii) that any other amendment to an already approved ICP project is approved before March 31, 2010,
   iv) that no ICP project with a completion date later than March 31, 2010, is recorded in the programming for the agreement,”
   
    
2. Paragraph 7.6 a) is replaced by the following:
   
   “7.6 a) No claim for reimbursement by Quebec to Canada for ICP projects shall be paid by the parties unless it is received on or before March 31 of the year following the fiscal year in which the eligible cost is incurred and in all circumstances, no later than March 31, 2011.”
   
    
3. Subsection 11.1 is replaced by the following:
   
   “11.1 The agreement shall be effective as of the date of signature of the agreement and shall terminate on March 31, 2011, for the ICP component of the agreement and on March 31, 2012, for the MRIF component of the agreement.”
   
    
4. Paragraph A.5 a) of Appendix A is replaced by the following:
   
   “A.5 NON-ELIGIBLE COSTS
   
   The costs related to the following are not eligible, unless they are recognized as such within MRIF 2:
   
   a) for ICP projects, costs incurred after March 31, 2010;”
   
    
5. Subsection A.10.1 of Appendix A is replaced by the following:
   
   “A.10.1 Under the ICP, the funding contributed by Canada for the 2000–2001 to 2006-2007 fiscal years, along with forecasts for the funding to be contributed by Canada for the 2007–2008 to 20010–2011 fiscal years, are the following:
   
   
   

   Fiscal year	Thousands of dollars
   2000-2001	$0
   2001-2002	$16,772
   2002-2003	$37,931
   2003-2004	$70,722
   2004-2005	$85,339
   2005-2006	$85,724
   2006-2007	$91,117
   2007-2008	$48,141
   2008-2009	$44,900
   2009-2010	$19,926
   2010-2011	$14,936
   Total:	$515,508

   
   
    
6. This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original agreement.