Administrative Agreement on the Federal Gas Tax Fund - Canada - Manitoba - Amending Agreement no. 1

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Table of Contents

  1. Amendments to the Agreement
  2. Effect of Amendments
  3. Signatures
  4. Annex A

BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Infrastructure and Communities (“Canada”)

AND: THE GOVERNMENT OF MANITOBA, as represented by the Minister of Municipal Relations (“Manitoba”)

Individually referred to as a “Party” and collectively referred to as the “Parties”.

RECITALS

The Minister of Infrastructure and Communities is responsible for the Program entitled the Gas Tax Fund (“GTF” or “Program”);

The Parties entered into an Administrative Agreement dated March 26, 2014, setting out the terms and conditions for Canada's contributions under the GTF (“the Administrative Agreement”);

The Parties wish to amend the Agreement to implement administrative changes to the Administrative Agreement (“Amending Agreement No. 1”);

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

1. AMENDMENTS TO THE AGREEMENT

  • 1.1. Section 13 (Correspondence) of the Administrative Agreement is deleted and replaced by:
  • Any correspondence under this Administrative Agreement may be delivered in person, sent by electronic mail, sent by facsimile, or sent by mail addressed to:

    Canada:

    Assistant Deputy Minister
    Program Operations
    Infrastructure Canada
    180 Kent Street
    Ottawa (Ontario)
    K1P 0B6
    Fax: 613 960-9423

    or to such other address or facsimile number or addressed to such other person as Canada may, from time to time, designate in writing to Manitoba; and

    Manitoba:

    Assistant Deputy Minister
    Manitoba Strategic Infrastructure Secretariat
    1140-363 Broadway
    Winnipeg MB
    R3C 3N9
    Fax: 204-948-2035

    or such other address or facsimile number or addressed to such other person as Manitoba may, from time to time, designate in writing to Canada.

  • 1.2. Section 1.2 (Allocation Formula) of Annex B (Terms and Conditions) is deleted and replaced by:
  • Subject to Section 1.1 (Allocation Formula), any Unspent Funds held by Manitoba and any GTF funding that may be received by Manitoba from Canada, as well as any interest earned thereon, will be distributed in accordance with the following formula:

    1. 90 percent will be allocated to Ultimate Recipients on a per capita basi
    2. 9.5 percent will allocated to the transit communities of the City of Winnipeg and the City of Brandon on a per capita basis.
    3. 0.5 percent will be allocated to Manitoba's administrative expenses, of which:
      1. 0.15 percent will be allocated to the Municipal Capacity Building Fund;
      2. 0.35 percent will be allocated to Manitoba's administration expenses subject to Section 5.
  • 1.3. Section 2.2 (Delivery Mechanism) of Annex B (Terms and Conditions) is deleted and replaced by:
  • The Municipal Capacity Building Fund (MCBF) will provide ongoing predictable funding to increase the capacity of Manitoba's municipalities to undertake local and regional long-term infrastructure planning such as Asset Management Plans.

  • 1.4. Section 2.3 (Delivery Mechanism) of Annex B (Terms and Conditions) is deleted and replaced by:
  • The MCBF would be administered and distributed by Manitoba to the Association of Manitoba Municipalities (AMM). The MCBF would be managed by AMM as per a Business Case, consistent with the terms and conditions set out in this Administrative Agreement, and approved by Canada, Manitoba and AMM.

  • 1.5. Section 3.2 (Use and Recording of Funds) of Annex B (Terms and Conditions) is deleted and replaced by:
  • Manitoba will ensure that any GTF funding that may be transferred to it by Canada, Unspent Funds, and any interest earned thereon is used by Ultimate Recipients in accordance with this Administrative Agreement and specifically to Schedule A (Ultimate Recipient Requirements).

  • 1.6. Section 10 (Asset Management) of Annex B (Terms and Conditions) is deleted and replaced by:
  • Manitoba will ensure that Local Governments, excluding incorporated communities as defined in the Northern Affairs Act (Manitoba) C.C.S.M., c.N100 will work towards the development and/or implementation of Asset Management Plans, prior to March 31, 2018. Schedule F (Asset Management) provides more details on the approach agreed upon between Canada and Manitoba.

  • 1.7. Schedule A (Ultimate Recipients Requirements) paragraph 3 of Annex B (Terms and Conditions) is deleted and replaced by:
  • Manitoba will ensure that Local Governments, excluding incorporated communities as defined in the Northern Affairs Act (Manitoba) C.C.S.M., c.N100 will work towards the development and/or implementation of Asset Management Plans, prior to March 31, 2018. Schedule F (Asset Management) provides more details on the approach agreed upon between Canada and Manitoba.

  • 1.8. Schedule F (Asset Management) of Annex B (Terms and Conditions) is deleted and replaced by a revised Schedule F (Asset Management), hereto attached as Annex A.

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

3. SIGNATURES

This Amending Agreement No. 1 has been executed on behalf of Her Majesty the Queen in right of Canada by the Minister of Infrastructure and Communities, and on behalf of Her Majesty the Queen in right of Manitoba by the Minister of Municipal Relations.

HER MAJESTY THE QUEEN IN RIGHT OF CANADA:

The Honourable François-Philippe
Champagne, P.C., M.P.
Minister of Infrastructure and Communities

Date:

August 15, 2019

HER MAJESTY THE QUEEN IN RIGHT OF MANITOBA

The Honourable Jeff Wharton
Minister of Municipal Relations

Date:

September 6, 2019

ANNEX A

SCHEDULE F: Asset Management

As per Section 10 (Asset Management) of Annex B (Terms and Conditions), in support of improved asset management planning practices, Local Governments, excluding incorporated communities as defined in the Northern Affairs Act (Manitoba) C.C.S.M., c.N100,  must work towards the development and /or implementation of Asset Management Plans prior to March 31, 2018.  Furthermore, Manitoba will report on the progress made towards improved asset management planning practices in the Outcomes Report to Canada provided to Canada by March 31, 2018.

On July 26, 2017 the Oversight Committee, which includes representation from the Association of Manitoba Municipalities and the City of Winnipeg, approved Manitoba’s approach to reporting on asset management progress and planning goals that reflect best practices and are achievable for Local Governments.

Manitoba’s Approved Approach:

Local Governments will make measurable progress on an annual basis toward the development and implementation of formalized components of asset management. Progress and planning goals will be reported through an annual Municipal Asset Management Status Report due to Manitoba December 15th of each year until the Local Government reports that their asset management components are in place and being utilized for sustainable infrastructure management and planning practices, or by December of 2022, whichever comes first.