Infrastructure Bi-lateral Agreements (for Clean Water and Wastewater Fund and Public Transit Infrastructure Fund)
Canada - Quebec

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This Agreement is made as of the date of last signature

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Infrastructure, Communities and Intergovernmental Affairs ("Canada")

AND:

THE GOVERNMENT OF QUEBEC, as represented by the Minister of Finance, the Minister of Municipal Affairs and Land Occupancy, the Minister of Transport, Sustainable Mobility and Transport Electrification, and the Minister responsible for Canadian Relations and the Canadian Francophonie (hereinafter "Quebec")

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

WHEREAS in Budget 2016 the Government of Canada announced an investment of $120 billion in infrastructure over 10 years, including $60 billion in new funding for public transit, green infrastructure, and social infrastructure, to better meet the needs of Canadians and better position Canada's economy for the future;

WHEREAS the Government of Canada proposes to provide, as part of the first phase, $11.9 billion from this plan. Of this amount, $3.4 billion will be used to upgrade and improve public transit systems, including $923.7 million for Quebec, and $2.0 billion will be used for investments in water and wastewater projects, including $363.8 million for Quebec;

WHEREAS the Minister of Infrastructure, Communities and Intergovernmental Affairs is responsible for the Programs entitled the Public Transit Infrastructure Fund (PTIF) and the Clean Water and Wastewater Fund (CWWF) and wishes to provide Quebec with financial support for Projects under both Programs through this Agreement;

WHEREAS Quebec has announced the 2016–2026 Quebec Infrastructure Plan (QIP), including investments of $88.7 billion over 10 years to maintain, improve, and modernize infrastructure, such as public transport projects and clean water and wastewater infrastructure projects;

WHEREAS Quebec, under order number 616-2016 dated June 29, 2016 has approved the terms of the Agreement;

NOW THEREFORE, the Parties agree as follows:

1 INTERPRETATION

1.1 DEFINITIONS

In addition to the terms and conditions defined in the provisions of the preamble and elsewhere in this Agreement, a capitalized term has the meaning given to it in this Subsection.

"Agreement" means this funding agreement and all schedules, as may be amended from time to time.

"Agreement End Date" means March 31, 2020.

"Agreement Protocol" means an Agreement between Quebec and the Recipient that establishes the terms of payment of governmental contributions for a project approved as part of the PTIF and CWWF.

"Asset" means any movable asset, acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with funds provided by Canada under the terms and conditions of this Agreement.

"Committees" means the oversight committees established in accordance with Section 7 (Oversight Committees).

"Communication Activities" are activities involving projects funded as part of the Agreement, such as public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi-media content, advertising campaigns, awareness campaigns, editorials, multi-media products and all related communication materials.

"Effective Date" means the date of last signature of this Agreement.

"Eligible Expenditures" mean those costs of a Project incurred and eligible for reimbursement as set out in Schedule A (Program Details).

"Fiscal Year" means the period beginning April 1 of a year and ending March 31 of the following year.

"Incrementality" means that federal funding under the Agreement is added to the funding already planned by the Government of Quebec as part of its QIP, to allow Quebec to carry out more infrastructure projects or to accelerate those that it had already planned.

"Joint Communications" are events, news releases, and signage that relate to the promotion of the Projects that are collaboratively developed and approved by Canada, Quebec, and the Recipient, and are not operational in nature.

"Program" means the PTIF or CWWF, as set out in Schedule A (Program Details).

"Project Complete" means the point when a Project can be used for the purpose for which it was intended, all required reports have been submitted by Quebec, and final payment has been made.

"Project(s)" means one or more projects approved under the Agreement and which are an integral part of the Agreement.

"Recipient" means an entity identified under sections A.1 b) and A.2 b) of Schedule A (Program Details) that is eligible to receive funding under a Quebec Program for a Project under this Agreement.

"Total Financial Assistance" means total Project funding from all sources, including funding from federal, provincial, and municipal sources, private sources and in-kind contributions.

1.2 ENTIRE AGREEMENT

All documents, negotiations, provisions, undertakings or agreements concerning the subject of this Agreement become null and void from the Effective Date of this Agreement. No representation or warranty express, implied or otherwise, is made by Canada to Quebec, except as expressly set out in this Agreement.

1.3 DURATION OF AGREEMENT

The Agreement will be effective as of the Effective Date of the Agreement and will terminate on the Agreement End Date.

1.4 SCHEDULES

The following schedules are attached to, and form part of, this Agreement:

  1. Schedule A - Program Details
  2. Schedule B - Reporting
  3. Schedule C - Communications Protocol

2 PURPOSE OF THE AGREEMENT

The purpose of this Agreement is to establish the Public Transit Infrastructure Fund and the Clean Water and Wastewater Fund in Quebec, as well as the terms, obligations, and commitments of each Party.

3 COMMITMENTS BY CANADA

  1. Canada agrees to provide funding under the PTIF to Quebec in a total amount not to exceed $923,710,000, in accordance with the Estimated Distribution by Fiscal Year in sub-paragraph A.1 c) i. (Fiscal Year Distribution) in Schedule A and the terms of the Agreement.
  2. Canada agrees to provide funding under the CWWF to Quebec in a total amount not to exceed $363,774,400, in accordance with the Estimated Breakdown by Fiscal Year in section A.2 c) i. (Fiscal Year Breakdown) in Schedule A and the terms of the Agreement.
  3. The Parties acknowledge that Canada's role in any Project is limited to providing funding, and that Canada will have no involvement in the implementation of any Project or its operation. Canada is neither a decision-maker nor an administrator to a Project.

4 COMMITMENTS BY QUEBEC

  1. Quebec undertakes to use the federal funding in this Agreement in addition to funding that it has already allocated to infrastructure projects.
  2. Quebec undertakes to ensure that the Recipient complies with the relevant provisions of the Agreement and completes the Project within the timeframe and budget provided for in the Agreement. Canada will not be financially responsible for any unapproved expenditures or cost overruns.
  3. Quebec will enter into an Agreement Protocol with the Project Recipient and ensure that the Agreement Protocol is consistent with the relevant provisions of this Agreement and not less favourable to Canada.
  4. Quebec undertakes to demand that each Recipient complete each Project and claim only Eligible Expenditures in a diligent and timely manner. Canada will not be financially responsible for any unapproved expenditures or cost overruns.
  5. Quebec reserves the right to pay its contribution over several years, in compliance with its programs already in force, and assuming all interest costs incurred during this period.
  6. Quebec will inform Canada immediately of any change that modifies the expected scope, location, timeframe or direct outcomes of the Project.

5 APPROPRIATIONS

  1. The Parties acknowledge that any contribution to Projects is subject to an appropriation voted on by the Parliament of Canada and the National Assembly of Quebec.
  2. The Parties undertake to make their best efforts to cause the Parliament of Canada and the National Assembly of Quebec to enact the appropriation legislation required to carry out this Agreement.

6 FISCAL YEAR BUDGETING

  1. The estimated maximum amount of funding payable by Canada for each Fiscal Year is set out in section A.1 c) i. and A.2 c) i. of Schedule A (Program Details).
  2. If the amount payable by Canada in respect of any Fiscal Year is less than the estimated amount in sections A.1 c) i. and A.2 c) i. of Schedule A (Program Details), Canada will re-allocate the difference between the two amounts to a subsequent Fiscal Year, subject to Section 5 (Appropriations).

7 OVERSIGHT COMMITTEE

Within sixty (60) business days of the Effective Date of the Agreement, the Parties will establish an Oversight Committee for the PTIF and an Oversight Committee for the CWWF co-chaired by representatives of the Parties, or use an already existing Committee to ensure oversight. The Committee(s) will:

  1. ensure administrative monitoring and the implementation of the Agreement according to its conditions;
  2. act as a forum to resolve potential issues and address concerns;
  3. review and, as necessary, recommend to the Parties amendments to the Agreement;
  4. monitor the implementation of Schedule C (Communications Protocol);
  5. ensure that the reports, as defined in section 10 (Reporting), are efficient and effective without excessive administrative burden; 
  6. attend to any other function required by this Agreement or as mutually directed by the Parties.

All decisions and recommendations of the Committees must be unanimous and recorded in writing.

8 PROJECT IDENTIFICATION, APPROVAL AND AMENDMENTS

8.1 PROJECT IDENTIFICATION AND APPROVAL

  1. Quebec agrees to manage the identification and selection of projects that it will submit to Canada as an initial Project List to be funded under the PTIF and the CWWF with the applicable information mentioned in Section 8.1 c) and subject to the provisions of Schedule A (Program Details), for review of their compliance with the Agreement upon signature of the Agreement for Canada's approval.
  2. After the Agreement has been signed, the provincial co-chair(s) will submit subsequent projects to the federal co-chair(s) with the applicable information mentioned in Section 8.1 c) as and when they are ready to be reviewed to ensure compliance with the terms of the Agreement for Canada's approval, no later than six (6) months after the Effective Date.
  3. For each Project, an officer duly authorized by Quebec or the Quebec co-chair will send the following information to the federal co-chair:
    1. Unique Project Identifier
    2. Recipient;
    3. Municipality;
    4. Street address of the Project;
    5. Project title;
    6. A description of the Project;
    7. the nature of the Project;
      1. New
      2. Improvement
      3. Expansion
      4. Study
      5. Other
    8. Total Project cost, total Eligible Expenditures, and a breakdown of all funding sources;
    9. Forecasted Project start date and end date;
    10. Eligible Project funding category as per Schedule A.1 e) Eligible Project Funding Category, under the PTIF; or, if applicable Eligible Project funding category as per Schedule A.2 f) Eligible Project Funding Sub-categories for CWWF;
    11. If applicable, a confirmation that part of the Project will be located on federal lands;
    12. Identification of which of the following objectives the Project will support:
      1. Increased capacity or lifespan of the infrastructure;
      2. Enhanced service;
      3. Improved environmental outcomes.
    13. Confirmation from the provincial co-chair that the Projects meet the provisions of the Agreement.
  4. Attestation signed by an official duly authorized by Quebec that the incrementality has been respected.
  5. Canada reserves the right to request additional information in order to examine whether it complies with the Agreement.
  6. Canada will inform Quebec as soon as the Project is found to be compliant with the Agreement and approved within a reasonable delay.
  7. Quebec will promptly inform Canada of any cancelled or withdrawn Project and provide Canada with projects by sending the information required in Section 8.1 c) (Project Identification and Approval) for review of their compliance with the Agreement and for approval by Canada.

9 PAYMENTS

9.1 BASIS OF PAYMENT

  1. Quebec will submit a claim for payment to Canada covering the Eligible Expenditures for all Projects, as and when required, in a form acceptable to both Parties. Each request for payment will include the following elements:
    1. a claim for payment signed and certified, in a format acceptable to both Parties, signed by an official duly authorized by Quebec or the Quebec co-chair, indicating that Eligible Expenditures have been incurred.
  2. Canada will not have an obligation to pay its funding contribution unless and until Canada has received and is satisfied with all relevant Project information concerning the intended progress, as specified in Section 9.1 a), as well as all information mentioned in Section 10 a) (Reporting).
  3. Canada will not pay the final claim until all reports required in Schedule B.3 (Final Project Report) and B.4 (Final Results Report) are received and approved by Canada.
  4. Canada will promptly make a payment to Quebec upon review and approval of a claim for payment, subject to the terms and conditions of the Agreement.

9.2 PAYMENT DEADLINE

  1. Canada will make a payment no later than March 31 of the year following the Fiscal Year in which the Eligible Expenditures were incurred.
  2. No later than January 31 2019, claims for payment must be submitted to Canada, as and when required, for the Fiscal Year in which the Eligible Expenditures for a Project was incurred.

10 REPORTING

  1. Twice a year, according to the information available, Quebec will provide Canada, with:
    1. a Project progress report including direct and measurable outcomes, in a format acceptable to both Parties and in accordance with Section B.1 and B.2 of Schedule B (Reporting).
  2. Quebec will submit, in a format acceptable to both Parties, no later than October 31, 2018:
    1. a final Project report including direct and measurable outcomes, in accordance with Section B.3 and B.4 of Schedule B (Reporting).

11 AGREEMENT AUDIT

  1. Quebec agrees to provide Canada with all relevant audit reports that it normally carries out. Quebec undertakes to ensure that prompt corrective action is taken, as agreed upon by the Parties, as necessary in response to the findings and recommendations of any audit conducted.
  2. Canada may, at any time, at its expense and within thirty (30) days after notifying Quebec, conduct any audit in relation to any element of the Agreement, for which Quebec agrees to provide the necessary data and information. Quebec will keep proper and accurate financial accounts and records, including its contracts, invoices, statements, receipts, and vouchers related to a Project, for at least six (6) years after the Agreement End Date and will provide Canada and its designated representatives, following a reasonable notice, access to documentation for the purposes of audit and to ensure compliance with the Agreement.
  3. Canada agrees to consult with Quebec on the findings of any audit before they are made public.

12 EVALUATION

Quebec may be asked to participate in an evaluation of the Program. Quebec agrees to provide Canada with available Project information during the term of the Agreement and following the Agreement End Date in order for Canada to conduct, at its expense, an evaluation of the performance of the Program. All evaluation results will be made available to the public.

13 DISPUTE RESOLUTION

  1. The Parties will keep each other informed of any issue that could be contentious.
  2. If a contentious issue arises, the Committee will examine it and will, in good faith, attempt to resolve all potential disputes within the Committee as soon as possible and in any event within thirty (30) business days after receipt of such information. Where the Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within ninety (90) business days.
  3. Where the Parties cannot agree on a resolution, the Parties may explore any alternative available to them to resolve the issue.
  4. Any payments related to any contentious issue or dispute raised by either Party may be suspended by Canada together with the obligations related to such issue, pending resolution.

14 INDEMNIFICATION

Quebec will at all times indemnify and save harmless Canada, its officers, servants, employees, contractors, or agents, from and against all actions, whether in contract, tort or otherwise, claims and demands, losses, costs, damages, suits or other proceedings by whomsoever brought or prosecuted in any manner based upon or occasioned by any injury to persons, damage to or loss or destruction of Assets, economic loss or infringement of rights caused by, in connection with or arising directly or indirectly from this Agreement, a Recipient Agreement or a Project, except to the extent to which such actions, claims, demands, losses, costs, damages, suits or other proceedings relate to the negligence or breach of the Agreement by an agent, servant, employee of Canada in the performance of his or her duties.

15 DISPOSAL OF ASSETS

  1. Unless otherwise agreed to by the Parties, Quebec will ensure that the Recipient will retain title to and ownership of an Asset for five (5) years after the Project Completion Date.
  2. If at any time within five (5) years from the Project Completion Date of a Project, a Recipient sells, leases, or otherwise disposes of, directly or indirectly, any Asset purchased, acquired, constructed, rehabilitated or renovated, in whole or in part, under this Agreement, other than to Canada, Quebec or a municipality, the Recipient may be required to reimburse Canada, via Quebec, in whole or in part, any federal funds received for the Project.

16 GENERAL

16.1 ACCOUNTING PRINCIPLES

Unless the context dictates otherwise, all accounting and financial terms used in the Agreement are interpreted and applied in accordance with the accounting principles generally recognized in Quebec.

16.2 SURVIVAL

The Parties' rights and obligations which, by their nature, extend beyond the termination of this Agreement, will survive the expiration of this Agreement.

16.3 COUNTERPART SIGNATURE

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

16.4 SEVERABILITY

If for any reason a provision of this Agreement is found to be invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable.

16.5 AMENDMENTS

The Agreement can be amended only in writing and with the agreement of both Parties, with the exception of Schedule A.1 c) i) and Schedule A.2 c) i) (Estimated Distribution by Fiscal Year).

16.6 WAIVER

Each Party may waive any right under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver.

16.7 ACCOUNTS RECEIVABLE

Any amount owed to one Party by the other under the terms of the Agreement will constitute a debt that will be reimbursed upon request of the Party to which the amount is owed.

16.8 NOTICES

Any notice provided for under this Agreement may be delivered in person, sent by mail or facsimile, addressed to:

for Canada:

Assistant Deputy Minister
Program Operations Branch
Infrastructure Canada
180 Kent Street, Suite 1100
Ottawa, Ontario
K1P 0B6

or to such other address or addressed to such other person as Canada may, from time to time, designate in writing to Quebec;

for Quebec:

Sous-ministre adjoint
Secteur des politiques aux particuliers, des relations fédérales-provinciales et de l'économique
Ministère des Finances
12 rue Saint-Louis
Québec (Québec) G1R 5L3

or to such other address or such other person as Quebec may, from time to time, designate in writing to Canada.

Such notice will be deemed to have been received, if sent by mail, when receipt is acknowledged by the other Party; by facsimile, when transmitted and receipt is confirmed; and in person, when delivered.

16.9 COMPLIANCE WITH APPLICABLE LAWS

The Parties will comply with all applicable laws and regulations, including environmental laws and obligations to consult with Aboriginal groups.

16.10 GOVERNING LAW

The Agreement is governed by the acts and regulations in force in Quebec.

16.11 SUCCESSORS AND ASSIGNS

This Agreement is binding upon the parties and their respective successors and assigns.

SIGNATURES

This Agreement has been executed on behalf of Canada by the Minister of Infrastructure, Communities and Intergovernmental Affairs and on behalf of Quebec by the Minister of Finance, the Minister of Municipal Affairs and Land Occupancy, the Minister of Transport, Sustainable Mobility and Transport Electrification, and the Minister responsible for Canadian Relations and the Canadian Francophonie.

CANADA
Original signed by:

The Honourable Amarjeet Sohi
Minister of Infrastructure, Communities and Intergovernmental Affairs

Date : July 5, 2016

QUÉBEC
Original signed by:

Carlos J. Leitão
Minister of Finance

Date : July 5, 2016

Jacques Daoust, M.A.N.
Minister of Transport, Sustainable Mobility and Transport Electrification

Date : July 5, 2016

Martin Coiteux
Minister of Municipal Affairs and Land Occupancy

Date : July 5, 2016

Jean-Marc Fournier
Minister responsible for Canadian Relations and the Canadian Francophonie

Date : July 5, 2016

SCHEDULE A - PROGRAM DETAILS

A.1 Public Transit Infrastructure Fund

  1. Objective
  2. The PTIF will help accelerate short-term municipal investments while supporting the rehabilitation of public transit systems and funding studies to support long-term transit expansion plans.

  3. Recipient
  4. The following are eligible as Ultimate Recipients for funding:

    1. Province and territories,
    2. Municipal or regional governments established by or under a provincial statute
    3. Transit agencies or authorities established by a provincial or local government.
    4. Organizations designated by Quebec and agreed to by Canada.
  5. Federal Contribution
    1. Estimated Distribution by Fiscal Year
    2. Total federal funding will be allocated to Quebec in accordance with the estimated distribution below:

      Year Canada ($M)

      2016-2017

      $XX

      2017-2018

      $XX

      2018-2019

      $XX

      TOTAL

      $923 710 000

    3. Administrative Funding

      Quebec may allocate up to 1% of the government of Canada's total funding for administrative costs incurred in the implementation of the Agreement.

  6. Cost-Sharing and Stacking

    The federal funding for a Project, from all federal sources, shall not exceed one half (50%) of the total Eligible Expenditures for that Project. If the total federal contribution to the Project exceeds fifty percent (50%) of the total Eligible Expenditures or if the Total Financial Assistance received or due in respect of the total Eligible Expenditures for the Project exceeds one hundred per cent (100%) thereof, Canada and Quebec will share the excess in proportion to their initial contribution to the Project. If Canada's contribution is equal to that of Quebec, the excess shall be shared equally.

  7. Eligible Project Funding Category
  8. The following are eligible investments:

    1. Capital projects for the rehabilitation, optimization and modernization of public transit infrastructure, or that improve the efficiency, accessibility and/or safety of public transit infrastructure (including rehabilitation or enhancement of guide ways, maintenance and storage facilities, or other existing public transit capital assets; refurbishment or replacement of existing rolling stock; and replacement or enhancement of transit stations);
    2. Expenditures to support the asset management capacity of a public transit system;
    3. Projects to support the design and planning for the expansion and improvements to public transit systems, including transportation demand management measures and studies and pilot projects related to innovative and transformative technologies; and
    4. Projects for system expansion, which may include active transportation, if they can be completed within the Program timeframe.
  9. Eligible Expenditures

    Eligible Expenditures will include the following:

    1. All costs considered by the Parties to be direct and necessary for the successful implementation of an eligible Project, excluding those identified under Section A.1 g) of Schedule A (Ineligible Costs);
    2. Costs of Aboriginal consultation, and where appropriate, accommodation;
    3. Costs incurred between April 1, 2016, and March 31, 2018;
    4. Costs of construction carried out in-house by a Recipient.
  10. Ineligible Expenditures

    Ineligible costs include the following:

    1. Costs incurred before April 1, 2016 or after March 31, 2018;
    2. Costs incurred for cancelled projects;
    3. Land acquisition; leasing land, buildings and other facilities; leasing equipment other than equipment directly related to the construction of infrastructure; real estate fees and related costs;
    4. Financing charges, legal fees, and loan interest payments;
    5. Any goods and services costs which are received through donations or in kind;
    6. Taxes for which the recipient is eligible for a tax rebate and all other costs eligible for rebates;
    7. Costs associated with operating expenses and regularly scheduled maintenance work.

A.2 Clean Water and Wastewater Fund(CWWF)

  1. Objective

    The CWWF will help accelerate short-term municipal investments, while supporting the rehabilitation of clean water, wastewater and storm water infrastructure, and the planning and design of future facilities and upgrades to existing systems.

  2. Recipient

    The following are eligible as recipients for funding:

    1. Provinces and Territories;
    2. Organizations designated by Quebec and agreed to by Canada;
    3. Municipal or regional governments established by or under a provincial statute;
    4. Other entities providing water or wastewater services to communities as designated by Quebec.  
  3. Federal Contribution
    1. Estimated Distribution by Fiscal Year
    2. Total federal funding will be allocated to Quebec in accordance with the estimated Fiscal Year distribution below:

      Year Canada ($M)

      2016-2017

      $XX

      2017-2018

      $XX

      2018-2019

      $XX

      TOTAL

      $363 774 400

    3. Administrative Funding

      Quebec may allocate up to 1% of the government of Canada's total funding for administrative costs incurred in the implementation of the Agreement

  4. Cost-Sharing and Stacking

    The federal funding for a Project, from all federal sources, shall not exceed one half (50%) of the total Eligible Expenditures for that Project. If the total federal contribution to the Project exceeds fifty percent (50%) of the total Eligible Expenditures or if the Total Financial Assistance received or due in respect of the total Eligible Expenditures for the Project exceeds one hundred per cent (100%) thereof, Canada or Quebec will share the excess in proportion to their initial contribution to the Project. If Canada's contribution is equal to that of Quebec, the excess shall be shared equally.

  5. Eligible Project Funding Categories

    The following projects are eligible investments:

    1. Drinking water
    2. Wastewater
    3. Stormwater
  6. Eligible Project Funding Subcategories
  7. The following projects are eligible investments: 

    1. Capital projects for the installation or rehabilitation of water treatment and distribution systems, and wastewater and storm water collection, conveyance and treatment systems.
    2. Separation of existing combined sewers and/or combined sewer overflow control;
    3. Initiatives that support system optimization and improved Asset management including studies and pilot projects related to innovative and transformative technologies;
    4. Design and planning for upgrades to wastewater treatment infrastructure to meet federal regulatory requirements;
    5. New construction projects, including the construction of naturalized systems for management and treatment of wastewater and storm water, if the projects will be completed within the Program timeframe.
  8. Eligible Expenditures

    Eligible Expenditures may include the following:

    1. All costs considered by the Parties to be direct and necessary for the successful implementation of an eligible Project, excluding those identified under Section A.2 h) of Schedule A (Ineligible Costs);
    2. Costs of Aboriginal consultation, and where appropriate, accommodation;
    3. Costs incurred between April 1, 2016, and March 31, 2018.
    4. Costs of construction carried out in-house by a Recipient; these costs include:
      1. salaries for municipal employees assigned to carry out eligible construction;
      2. purchase of material and supplies indicated in the plans and specifications; and
      3. tool, equipment, and machinery rental fees, including municipal machinery, provided that the costs do not exceed the rates set out in the "Government of Quebec Machine and Tool Rental Rate Book" and the "Government of Quebec Heavy Machinery Rental Rate Book".
  9. Ineligible Expenditures

    Ineligible costs include the following:

    1. Costs incurred before April 1, 2016 or after March 31, 2018;
    2. Costs incurred for cancelled Projects;
    3. Land acquisition; leasing land, buildings and other facilities; leasing equipment other than equipment directly related to the construction of infrastructure; real estate fees and related costs;
    4. Financing charges, legal fees, and loan interest payments;
    5. Any goods and services costs which are received through donations or in kind;
    6. Taxes for which the recipient is eligible for a tax rebate and all other costs eligible for rebates;
    7. Costs associated with operating expenses and regularly scheduled maintenance work.

SCHEDULE B - REPORTING

B.1 PROJECT PROGRESS REPORT

The progress report will include the following information:

  1. Funding Program
  2. Unique Project Identifier
  3. Recipient Legal Name
  4. Project Title
  5. Project Description
  6. Total Project Cost
  7. Program Contribution (Eligible Expenditures)
  8. Provincial Contribution (Eligible Expenditures)
  9. Municipal Contribution (Eligible Expenditures)
  10. Other Contribution (Eligible Expenditures including other funding by Canada)
  11. Federal Signage Installed
  12. Forecasted Contruction Start Date
  13. Forecasted Construction End Date
  14. Actual Construction Start Date
  15. Actual Construction End Date
  16. If applicable, Project risk assessment and mitigation strategies
  17. Project Complete? (Yes/No)
  18. Progress Status Note

B.2 PROJECT PROGRESS REPORT ON OUTCOMES

  1. Quebec will submit already available relevant baseline data (at minimum, one per project), related to direct and measurable outcomes within six (6) months following the Effective Date of the Agreement. The direct and measurable outcomes listed in section B.2 b) and c) of Schedule B, are submitted as examples.
  2.  Examples of direct and measurable outcomes for the PTIF are:
  3. Examples of direct and measurable PTIF outcomes

    Number of funded transit system projects that have incorporated modern, innovative technology

    Number of plans and studies having identified capital projects that are either described in capital planning documents (with related funding) or are being implemented.

    Average number of years of useful life remaining on applicable public transit Assets, extended as a result of funded investments

    Percentage of assets for which the physical condition rating (in accordance with guidelines on accountability) has increased as a result of investments.

    Average percentage decrease in unplanned service interruptions per month (not related to weather) that can be attributed to funded investments

    Number of funded transit system projects that have added safety features or equipment

    Estimated percentage of decrease in the number of accidents (collisions and other) due to investments.

    Average increase in percentage of transit system fleets that are low-floor accessible as a result of funding

    Average Life Cycle Cost of applicable transit system Assets after completion of funded investments

    Average quantity of fuel (in litres) per passenger-kilometre

    Total number of square meters of natural gas saved as a result of investments.

    Total number of kWh saved thanks to investments.

    Total number of new passenger-kilometers travelled through financed expansion of network reach.

    Total value of capital expenditures for transit system projects in 2016 (to be reported at final report)

    Total value of capital expenditures for transit system projects in 2017 (to be reported at final report)


  4. Examples of direct and measurable outcomes for the CWWF are:
  5. Examples of direct and measurable CWWF outcomes

    Average percentage decrease in unplanned service interruptions per month (not related to weather) that can be attributed to funded investments.

    Average percentage reduction of water leaks/infiltrations due to investments.

    Total number of kWh saved thanks to investments.

    Average Life Cycle Cost of wastewater treatment facilities after construction.

    Average Life Cycle Cost of wastewater treatment facilities after construction.

    Percentage of assets for which the physical condition rating (in accordance with guidelines on accountability) has increased as a result of investments.

    Average number of years of useful life remaining on applicable wastewater collection and treatment facilities extended as a result of investments.

    Average number of years of useful life remaining on applicable storm water collection facilities extended as a result of investments.

    Average number of years of useful life remaining on applicable clean water treatment and distribution facilities extended as a result of investments.

    Number of funded drinking water plans and studies that have resulted in identified capital projects that are either included in capital planning documents (with associated funding) or that are in the process of being implemented.

    Number of funded wastewater plans and studies that have resulted in identified capital projects that are either included in capital planning documents (with associated funding) or that are in the process of being implemented.

    Number of water treatment facilities that have improved water quality as a result of funded investments

    Number of drinking water systems that have eliminated a boil water advisory  as a result of funded investments

    Number of water treatment systems that have met or exceeded applicable regulations and guidelines as a result of funding

    Number of wastewater treatment networks by level of treatment (no treatment, primary, secondary, tertiary) as a result of the work.

    Number of systems that have improved the quality of wastewater effluent or storm water discharge as a result of funded investments

    Number of wastewater systems that have met or exceeded applicable regulations and guidelines as a result of funding.

    Total value of capital expenditures for water and wastewater system projects for 2016 (to be reported at final report).

    Total value of capital expenditures for water and wastewater system projects for 2017 (to be reported at final report).

B.3 FINAL PROJECT REPORT

The final report will include the following:

  1. All information required under Section B.1 of Schedule B (Project Progress Report);
  2. An attestation, signed by a authorized official, that:
    1. Projects have been completed; and
    2. Federal funding was spent on Eligible Expenditures in accordance with the terms and conditions of the Agreement.

B.4 FINAL OUTCOMES REPORT

The final report will present the direct and measurable outcomes as defined in section B.2 b) and c) of Schedule B against the baseline data provided in B.2 a) of this same Schedule. 

SCHEDULE C - COMMUNICATIONS PROTOCOL

C.1 Purpose

  1. This Communications Protocol outlines the roles and responsibilities of each of the Parties to this Agreement, as well as those of the Recipient, with respect to Communications Activities related to the funded Projects.
  2. This Communications Protocol will guide all Communications Activity planning, development and implementation with a view to ensuring efficient, structured, continuous, consistent and coordinated communications to the Canadian public. 
  3. The provisions of this Communications Protocol apply to all Communications Activities related to this Agreement and any Projects funded under this Agreement.

C.2 Guiding Principles

  1. Communications Activities undertaken through this Communications Protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about funded Projects and their benefits.
  2. The Communication Activities undertaken by Canada and Quebec should recognize the funding of all contributors to the Projects.
  3. Quebec is responsible for communicating the requirements and responsibilities outlined in this Communications Protocol to the Recipient and for ensuring their compliance.
  4. Quebec will communicate to the Recipient any deficiencies and/or corrective actions identified by Canada or by the Committee.

C.3 Joint Communications

  1. Canada and Quebec will have Joint Communication Activities about the funding and progress of the Project(s).
  2. Joint Communications related to Projects funded under this Agreement should not occur without the prior knowledge and agreement of all Parties and the Recipient.
  3. The announcement or the publication of projects lists, as well as projects that will be added in the coming months, must first be approved by the competent authorities of the Parties.
  4. All Joint Communications material will be submitted to Canada and will emphasize the funding allocated by the Parties (Canada, Quebec) and Recipients, as applicable.  Joint Communications material will therefore be produced by the government of Quebec after discussion with the government of Canada to finalize the documents. The Parties will approve the products before they are issued.
  5. Each of the Parties may request Joint Communications. The requestor will provide at least 15 business days' notice to the other Party.  If the Communications Activity is an event, it will take place at a date and location mutually agreed by the Parties.
  6. The requestor of the Joint Communications will provide the opportunity for the other Party to choose to participate and choose their own designated representative (in the case of an event).
  7. The conduct of all Joint Communications will follow the Table of Precedence for Canada as applicable.

C.4 Program Communications

  1. Notwithstanding Section C.3 of this Communications Protocol (Joint Communications), Canada retains the right to meet its obligations to communicate information to Canadians about the PTIF and CWWF and the use of funds through its own Communications Activities.
  2. The Parties may include general Program messaging and an overview of the project already announced as an example in their own Communications Activities. One Party will not unreasonably restrict the other Party from using, for their own purposes, Communications Activities related to Projects funded through the PTIF and CWWF that have been prepared by Canada and Quebec, and if web- or social-media based, from linking to these Communications Activities. 

C.5 Operational Communications

Quebec is solely responsible for operational communications with respect to Projects, including but not limited to, calls for tender, construction, and public safety notices.

C.6 Media Relations

Canada and Quebec shall share information promptly with the other Parties should significant media inquiries be received or emerging media or stakeholder issues arise relating to the Project.

C.7 Signage

  1. Canada, Quebec and the Recipient may each have a sign recognizing their funding contribution to the Projects.
  2. At Canada's request, fixed signs, billboards or permanent plaques acknowledging the contributions of the Parties to the funded Project shall be installed on the sites of funded Projects, where circumstances permit and if:
    1. the Parties agree; and/or
    2. the Project represents a particular interest for one of the Parties.

    Quebec will install signs emphasizing the funding allocated by the contributors to each Project. The signs will comply with the guidelines in force for the design, content, and installation of signs.

    Quebec agrees to inform Canada of sign installations.

  3. If erected, federal signage will be installed at the sites thirty (30) days prior to the start of construction, be visible for the duration of the Project, and remain in place until thirty (30) days after the Project is completed and the infrastructure is fully operational or opened for public use.
  4. If erected, federal signage shall be at least equivalent in size and prominence to signage produced by Quebec, and as applicable by the Recipients and be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility.
  5. For projects funded under the PTIF, the Parties agree that no signage will be installed on vehicles and rolling stock.
  6. In the case of Projects where the deliverable is a document, such as (but not limited to) plans, reports, studies, strategies, training material, webinars, and workshops, it will clearly recognize the Parties' contribution received for the Project(s).

C.8 Communications with Recipients

At Canada's request, Quebec will ensure with Canada and the Recipient the coordination of communications activities taking place.

C.9 Advertising Campaigns

Recognizing that advertising can be an effective means of communicating with the public, Canada and Quebec may, at their own cost, organize an advertising or public information campaign related to the PTIF, the CWWF, or eligible Projects. However, such a campaign must respect the provisions of this Agreement. In the event of such a campaign, the sponsoring Party agrees to inform the other Party of its intention no less than twenty-one (21) working days prior to the campaign launch. 

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