Made this 13th day of October, 2000,
BETWEEN
THE GOVERNMENT OF CANADA (herein referred to as "Canada") represented by the
President of the Treasury Board, in her capacity as Minister responsible for
Infrastructure and the Minister of Veterans Affairs and Secretary of State (Atlantic
Canada Opportunities Agency)
AND
THE GOVERNMENT OF THE PROVINCE OF NEWFOUNDLAND (herein referred to as
"Newfoundland") represented by the Minister of Intergovernmental Affairs and the
Minister of Municipal and Provincial Affairs.
WHEREAS the Government of Canada outlined in the 1999 Speech from the Throne a new
vision of 21st Century infrastructure to improve the quality of life for
Canadians and make a long-term contribution towards a dynamic economy;
AND WHEREAS Canada and Newfoundland agree that an Infrastructure program for the
construction, renewal, expansion, or material enhancement of infrastructure throughout
Canada will contribute to improving the quality of life for all Canadians and building the
foundation for sustained long-term economic growth in the 21st century;
AND WHEREAS Canada recognizes that Newfoundland and local governments know the
infrastructure needs that contribute most to the quality of life of communities in Canada
and Newfoundland;
AND WHEREAS Canada and Newfoundland agree that working in cooperation with local
government and the private sector, to maximize the use of their resources and expertise,
is to the benefit of Canadians;
AND WHEREAS Canada and Newfoundland agree that communication with the public will best
serve Canadians right to transparency, public accountability, and full information
about the benefits of the Infrastructure program and the contribution of each party;
AND WHEREAS Canada is committed to co-operating with Newfoundland to provide services
in both official languages and to support the development of official language minority
communities;
AND WHEREAS the Governor in Council by Order in Council P.C. 2000-1525 has authorized
the Minister responsible for Infrastructure together with the Secretary of State (Atlantic
Canada Opportunities Agency) to execute this Agreement on behalf of Canada;
AND WHEREAS the Lieutenant Governor in Council by Order in Council 2000 - 525 has
authorized the Minister of Intergovernmental Affairs and the Minister of Municipal and
Provincial Affairs to enter into this Agreement on behalf of Newfoundland;
THEREFORE, in accordance with the principles set out above, Canada and Newfoundland
hereby agree as follows:
1 INTERPRETATION
Definitions
1.1 In this Agreement, unless the context requires otherwise,
(a) "Applicant" means an applicant for a contribution to a Project pursuant
to the Infrastructure program;
(b) "Federal Implementing Minister" means the Secretary of State (Atlantic
Canada Opportunities Agency) and includes anyone authorized to act on the Minister's
behalf;
(c) "Federal Ministers" means the Minister responsible for Infrastructure and
the Federal Implementing Minister;
(d) "Fiscal year" means the period beginning April 1 of a year and ending
March 31 of the following year;
(e) "Infrastructure" means publicly or privately owned fixed capital assets
in Canada for public use or benefit;
(f) "Local Government" means the cities of St. Johns, Corner Brook and
Mount Pearl, towns, regions and local service districts established under the Municipalities
Act (Newfoundland) and any other public authority responsible for delivering local
services in Newfoundland if that authority is approved by the Management Committee;
(g) "Ministers" means the Federal Ministers and the Provincial Ministers;
(h) "Minister responsible for Infrastructure" means the President of the
Treasury Board of Canada as Minister responsible for Infrastructure and includes anyone
authorized to act on the Minister's behalf;
(i) "Project" means an Infrastructure project proposed or approved under this
Agreement;
(j) "Provincial Implementing Minister" means the Minister of Municipal and
Provincial Affairs or any Provincial Minister subsequently charged with this
responsibility, and includes anyone authorized to act on his/her behalf;
(k) "Provincial Minister" means the Minister of Intergovernmental Affairs or
any Provincial Minister subsequently charged with this responsibility, and includes anyone
authorized to act on his/her behalf;
(l) "Provincial Ministers" means the Provincial Minister and the Provincial
Implementing Minister;
(m) "Third Party" means any person, other than a Party or Applicant that is
involved in a Project under the Infrastructure program.
1.2 Words in the singular include the plural, and words in the plural include the
singular, as the context requires.
1.3 All Schedules to this Agreement form part of the Agreement.
1.4 Canada and Newfoundland are the Parties to this Agreement.
1.5 The purpose of this Agreement is to enable the Parties to undertake the
Infrastructure program, by defining their roles and responsibilities, the processes and
rules for managing and administering this Agreement, and the obligations and undertakings
on the part of each Party.
2 PURPOSE, OBJECTIVES AND SCOPE
2.1 The purpose of the Infrastructure program is to improve urban and rural municipal
infrastructure in Canada and Newfoundland. Infrastructure program objectives include
improving Canadians quality of life through investments that:
- Enhance the quality of Canada's environment
- Support long-term economic growth
- Improve community infrastructure
- Build 21st century infrastructure through best technologies, new approaches
and best practices.
2.2 The scope of investments (as set out in Schedule A) supporting the objectives of
the Infrastructure program include:
(a) as a first priority, green municipal infrastructure; and
(b) as secondary priorities, local transportation infrastructure, cultural and
recreational infrastructure, infrastructure supporting tourism, rural and remote
telecommunications, high-speed Internet access for local public institutions, and
affordable housing.
3 ROLES AND RESPONSIBILITIES OF THE MANAGEMENT COMMITTEE
Establishment and Membership
3.1 A Management Committee shall be established to administer and manage this
Agreement. The Management Committee shall consist of two Federal Members (to be appointed
by the Minister responsible for Infrastructure) and two Provincial Members (to be
appointed by the Provincial Implementing Minister). The Management Committee shall
continue to exist and operate for as long as necessary to meet the requirements of this
Agreement.
3.2 The Management Committee shall be headed by two Co-chairs, a Federal Co-chair
(appointed by the Minister responsible for Infrastructure from the two Federal Members),
and a Provincial Co-chair (appointed by the Provincial Implementing Minister from the two
Provincial Members). In the case of a Co-chairs absence or inability to act, the
Federal Member not appointed as Co-chair shall act as the substitute for the Federal
Co-chair and the Provincial Member not appointed as Co-chair shall act as the substitute
for the Provincial Co-chair.
3.3 The Minister responsible for Infrastructure and the Provincial Implementing
Minister shall establish a Consultative Committee on Infrastructure, to obtainLocal
Government input in respect of any matter related to the implementation of this Agreement.
This sub-Committee shall meet on a quarterly basis, unless otherwise agreed to by the
Co-chairs.
Internal Rules of the Management Committee
3.4 The Management Committee shall meet every two months at such places and on such
dates as may be agreed by the Co-chairs or their substitutes. The Co-chairs may alter the
timetable to meet the demands on the Management Committee. A quorum for all meetings of
the Management Committee shall be the two Co-chairs.
3.5 The Management Committee shall establish sub-committees as required from time to
time to carry out this Agreement.
3.6 The Management Committee shall establish all rules and procedures with respect to
its own meetings and meetings of sub-committees of the Management Committee, including
rules for the conduct of meetings and decision-making where the members are not physically
present.
3.7 The Management Committee shall develop, where appropriate, and in a timely manner,
administrative guidelines for the application, assessment, approval, reporting,
implementation and evaluation processes of Projects.
3.8 The Management Committee shall establish a Canada-Newfoundland Secretariat to
support the administration of this Agreement, including the sharing of information about
applications and proposed Projects.
Project Review, Selection and Approval
3.9 The Management Committee shall:
(a) review all Projects to ensure that they (i) are consistent with the objectives and
targets of the Infrastructure program, (ii) meet the eligibility and screening criteria,
and are ranked appropriately, according to the criteria set out in Schedule A, (iii) are
structured so that any ongoing operating costs are borne by the Applicant or a Third Party
and (iv) are supported by satisfactory financial arrangements;
(b) ensure that environmental assessments of Projects have been completed in accordance
with the requirements of the applicable environmental legislation of Canada and
Newfoundland;
(c) ensure that Projects are consistent with planning practices and guidelines of
Newfoundland;
(d) make a decision (or recommendation) about approval (i) in respect of all Projects
proposed pursuant to this Agreement, and (ii) in respect of any material changes to the
scope of a Project approved pursuant to this Agreement;
(e) ensure that any Project approval decision is made before June 30, 2005, and that no
Project is approved if its expected completion date extends beyond March 31, 2006;
(f) consider amendments to Projects (other than changes in scope approved under
paragraph (d)), provided they are submitted to the Management Committee no later than
March 31, 2007;
(g) ensure that all contracts awarded for the implementation of a Project incorporate
the relevant provisions of this Agreement.
Decisions
3.10 The decisions, approvals and recommendations of the Management Committee will be
made or given upon agreement by the Co-chairs. The signatures of both Co-chairs shall be
sufficient verification, for the purposes of this Agreement, of any such decision,
recommendation or approval by the Management Committee.
Other Related Responsibilities
3.11 The Management Committee shall be responsible for the administration and
management of this Agreement, and without limiting the generality of the foregoing, shall:
(a) ensure the implementation of the Communications Protocol, the Audit Framework, and
other provisions of this Agreement;
(b) carry out any other duties, powers and functions specified elsewhere in this
Agreement or as may be assigned to the Management Committee by the Ministers to accomplish
the Purpose of this Agreement;
(c) provide annual audit plans and reports, and such other reports as necessary to the
Ministers.
4 PROJECT IMPLEMENTATION
4.1 Newfoundland shall undertake or shall cause to be undertaken the implementation of
all Projects approved under the terms of this Agreement.
4.2 The Parties shall comply with and shall ensure that the Applicant and any Third
Party complies with all applicable environmental legislation of Canada and Newfoundland in
the implementation of any Project under this Agreement.
5 CONTRACT PROCEDURES
5.1 All contracts to be entered into by Newfoundland or by any Applicant, with a Third
Party for the implementation of a Project shall be awarded and administered in accordance
with the administrative, management and contract procedures and legislation within
Newfoundland.
5.2 All contracts entered into pursuant to Section 5.1 shall be consistent with
and shall incorporate the relevant provisions of this Agreement and (without limiting the
foregoing) Newfoundland shall ensure that such contracts include the following provisions:
(a) proper and accurate accounts and records, as determined by the Management
Committee, shall be maintained with respect to the Project;
(b) the Parties and any member of the Management Committee, or their designates, shall
be permitted, at all reasonable times, to inspect the terms of the contract and any
records and accounts respecting the Project;
(c) all applicable labour, environmental and human rights legislation shall be complied
with;
(d) the Third Party shall be solely responsible for and shall save harmless and
indemnify Canada, Newfoundland and their Ministers, officers, employees and agents from
and against all claims, liabilities, and demands of any kind with respect to any injury to
persons (including, without limitation, death), damage to or loss or destruction of
property, economic loss or infringement of rights caused by or arising directly or
indirectly from (i) the Project; (ii) the performance of the contract or the breach of any
term or condition of the contract by the Third Party or its officers, employees or agents;
(iii) the on-going operation, maintenance and repair of the Project; or (iv) any omission
or any wilful or negligent act of the Third Party or its officers, employees or agents;
(e) Applicants and Third Parties who are dissatisfied with decisions of the Management
Committee or Newfoundland affecting their Project may, in addition to any other remedy,
lodge a complaint with the Management Committee.
5.3 Upon the completion of any Project, Newfoundland, the Applicant or any Third Party
to whom is assigned the on-going responsibility for such Project shall take over full
responsibility for that Project's operation, maintenance and repair, except where Canada
and Newfoundland have specifically agreed otherwise.
6 FINANCIAL PROVISIONS
6.1 Subject to the terms and conditions of this Agreement and subject to the express
condition that there be an appropriation by the Parliament of Canada for the funds
necessary for the Fiscal Year in which they are required, the total contribution by Canada
under this Agreement shall not exceed $51,246,000.
6.2 The contribution by Newfoundland under this Agreement is subject to the express
condition that there be budgetary approval by the House of Assembly of Newfoundland for
the funds necessary for the Fiscal Year in which they are required.
6.3 The contribution by Canada with respect to any one Project shall not exceed
one-third (1/3) of the total Eligible Costs approved for that Project, except as otherwise
provided in subsection 6.4 of this Agreement.
6.4 Canada may commit more than one-third (1/3) of the Eligible costs of a specific
Project provided that, at the end of each fiscal year, Canada's share of Eligible costs
for all Projects approved under this Agreement does not exceed one-third (1/3).
6.5 Newfoundland, the Applicant and any Third Party may not receive funding from any
other federal sources for any Project approved pursuant to this Agreement.
6.6 Each Party, in accordance with the terms and conditions of this Agreement (and the
Applicant, where applicable and at the demand of Newfoundland), shall be responsible for
contributing their share of the Eligible Costs of a Project approved and implemented under
this Agreement.
7 PAYMENT PROCEDURES
7.1 Payments by Canada shall be promptly made to Newfoundland on the basis of progress
claims setting out the costs actually incurred and paid for the Project, submitted in a
form and verified in a manner satisfactory to Canada.
7.2 In order to assist with the interim financing of any Project, Canada may make
interim payments to Newfoundland, in accordance with the Treasury Board of Canadas Policy
on Transfer Payments, towards Canadas share of claims submitted, where those
claims are based on estimates, certified by the Deputy Minister or Assistant Deputy
Minister of the Department of Municipal and Provincial Affairs of Newfoundland, of costs
actually incurred by Newfoundland.
7.3 Newfoundland shall account for each interim payment by submitting to Canada, within
ninety (90) days after such payment by Canada, a detailed statement of the eligible costs
actually incurred and paid, verified in a manner satisfactory to Canada. Any discrepancy
between the amounts paid by Canada by way of interim payments and the amounts actually
paid by Newfoundland shall be promptly adjusted between the Parties.
7.4 Notwithstanding anything in subsection 7.2, Newfoundland shall not be entitled to
any interim payment in a subsequent fiscal year until all such payments received by
Newfoundland in a previous fiscal year have been repaid or accounted for in a manner
satisfactory to Canada.
7.5 Canada shall reimburse Newfoundland, from the funds allocated in
subsection 6.1, up to $770,000 for the salaries and other employment benefits of any
employee of Newfoundland engaged solely and specifically for the purpose of implementation
of this Agreement by the Canada-Newfoundland Secretariat, as well as other operating costs
actually incurred, as determined and approved by the Management Committee.
7.6 No claim 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, 2007.
7.7 The Management Committee shall consider cost overruns on Projects approved under
this Agreement only in exceptional circumstances, and where
(a) the entity implementing the Project informs the Management Committee as soon as it
becomes aware that a cost overrun is probable;
(b) the Management Committee approves the inclusion of the cost overrun as justifiable;
and
(c) funds are available to cover the cost overrun.
8 AUDIT AND INSPECTION
8.1 Canada and Newfoundland shall ensure that proper and accurate accounts and records
are maintained with respect to each Project undertaken pursuant to this Agreement and
shall, upon reasonable notice, make such accounts and records available for inspection.
8.2 Accounts and records shall be maintained for a period of at least three years after
the final settlement of accounts with respect to a Project.
8.3 Each of the Parties may inspect the amounts of all claims in respect of any Project
implemented under this Agreement and the accounts and records related thereto. Any
discrepancy between the amounts paid by any of the Parties and the amount payable under
this Agreement shall be promptly adjusted between the Parties.
8.4 Each of the Parties will provide to any member of the Management Committee on
request all information in its custody and under its control that would indicate whether a
Project has actually been undertaken or completed, the benefits achieved, and the costs
incurred with respect thereto.
8.5 The Management Committee shall ensure that the expenditures incurred under the
Agreement are audited annually in accordance with the Audit Framework attached hereto as
Schedule "B".
9 PROGRAM EVALUATION
9.1 Canada and Newfoundland agree to co-operate with respect to the evaluation of the
Infrastructure program. Costs associated with the national evaluation shall be borne by
Canada.
9.2 Canada shall undertake an interim national evaluation of the Infrastructure program
within the twelve months following March 31, 2003 and a final national evaluation no later
than twelve months after March 31, 2006.
9.3 Each Party will provide the other with all relevant information as may reasonably
be required to undertake such an evaluation.
9.4 The Management Committee may choose to undertake an evaluation of the Projects
approved within Newfoundland pursuant to this Agreement on a shared cost basis and shall
approve the terms of reference for such an evaluation before it is undertaken.
10 COMMUNICATIONS
10.1 Canada and Newfoundland hereby agree to undertake the development and delivery of
a Communication Plan for the term of this Agreement which will enhance opportunities for
appropriate, continuous and consistent recognition for co-operative activities under this
Agreement. The mechanisms thereof are specified in the Communications Protocol, Schedule
"C" to this Agreement.
11 INFORMATION MANAGEMENT SYSTEM
11.1 Canada will develop a national Shared Information Management System for
Infrastructure (SIMSI) to support the delivery of the Infrastructure program by providing
on-line Project registration, approval, monitoring, and reporting capabilities. Costs
associated with the design, development, implementation and maintenance of the system will
be borne by Canada.
12 GENERAL
12.1 This Agreement will be effective as of October 13, 2000 and will terminate on
March 31, 2007.
12.2 This Agreement may be amended from time to time on written agreement of the
Federal Ministers and the Provincial Ministers. It is expressly agreed and understood,
however, that any amendment to Section 2, Section 6 or subsection 12.1
(termination) will require approval by the Governor in Council.
12.3 No member of the House of Commons or of the Senate of Canada or of the House of
Assembly of Newfoundland shall be admitted to any share or part of any contract, agreement
or commission made pursuant to this Agreement or to any benefit arising therefrom.
12.4 Nothing in this Agreement is to be construed as authorizing one Party to contract
for or to incur any obligation on behalf of the other or to act as agent for the other.
Nothing in this Agreement is to be construed as authorizing any Applicant or any Third
Party to contract for or to incur any obligation on behalf of either Party or to act as
agent for either Party and Newfoundland shall take reasonable steps to ensure any
agreement between Newfoundland and an Applicant or a Third Party contains a provision to
that effect.
12.5 All property including patents, copyrights and other intellectual property and any
revenue acquired as a result of the work performed under any Projects shall be disposed
of, licensed or otherwise dealt with as the Management Committee may from time to time
determine.
12.6 (a) Notwithstanding any other provision of this Agreement, all obligations of
Canada incurred by virtue of this Agreement shall be subject to the Financial
Administration Act (Canada).
(b) Notwithstanding any other provision of this Agreement, all obligations of
Newfoundland incurred by virtue of this Agreement shall be subject to The Financial
Administration Act or equivalent of Newfoundland.
13 DISPUTE AVOIDANCE
13.1 The Parties will keep each other informed, by way of exchange of information
within the Management Committee, of potentially contentious issues, and will attempt to
resolve such issues at the Management Committee level.
13.2 When an issue arises that is not resolved at the Management Committee level, the
Federal Co-chair or the Provincial Co-chair may give notice in writing to the other
Co-chair, calling for a meeting of the Co-chairs 14 days after the notice is given. The
Co-chairs may agree to hold the meeting at an earlier date. The notice will describe the
point in issue and will include factual information material to the issue.
13.3 If the Co-chairs fail to meet within the 14 day period, or if they meet but are
unable to resolve the issue to their mutual satisfaction within 7 days of the meeting,
either Co-chair may give notice to the other that the issue remains outstanding, and
whether it is considered a breach of an essential element of the Agreement.
13.4 If substantially the same issue arises again, in respect of the same Project or a
different Project, either Co-chair may give notice to the other that the issue is
outstanding, without following the procedures in sections 13.2 and 13.3 above.
13.5 Except as provided below, where there is a dispute, the Infrastructure program
will continue to operate in all other respects.
13.6 Where notice has been given under subsection 13.3 or 13.4 that the issue remains
outstanding, Canada or Newfoundland may (1) take corrective action in respect of
communications and related matters, (2) withhold payments in respect of any or all
Projects.
13.7 Questions of law, or the application of law to facts, will be resolved by
application to the Supreme Court of Newfoundland.
This Agreement has been executed on behalf of Canada by the President of the Treasury
Board, in her capacity as Minister responsible for Infrastructure and the Minister of
Veterans Affairs and Secretary of State (Atlantic Canada Opportunities Agency) and on
behalf of Newfoundland by the Minister of Intergovernmental Affairs and the Minister of
Municipal and Provincial Affairs.
GOVERNMENT OF NEWFOUNDLAND Original
signed by: |
GOVERNMENT OF CANADA Original
signed by: |
Walter Noel
Minister of Intergovernmental Affairs |
Lucienne Robillard
President of the Treasury Board and Minister responsible for Infrastructure |
Beaton Tulk / For
Minister of Municipal and Provincial Affairs |
George Baker
Minister of Veterans Affairs and Secretary of State (Atlantic Canada
Opportunities Agency) |
SCHEDULE "A"
CANADA - NEWFOUNDLAND
INFRASTRUCTURE PROGRAM AGREEMENT
PROJECT REVIEW AND SELECTION FRAMEWORK
a.1 ELIGIBILITY AND SCREENING CRITERIA
Eligible Applicants
A.1.1 Eligible Applicants are:
(a) Any Local Government proposing an Infrastructure Project;
(b) Any Local Government or body corporate (whether public or private) whose
Infrastructure Project is nominated by Canada or Newfoundland.
Non-Eligible Applicants
A.1.2 Departments, Ministries and Agencies of Canada or Newfoundland, departmental
corporations or Crown corporations owned or controlled by Canada or Newfoundland, are not
Eligible Applicants.
Eligible Projects
A.1.3 Eligible Projects must be a construction, renewal, expansion, or material
enhancement of Infrastructure for public use or benefit. For purposes of this Agreement,
transit vehicles powered by alternative fuels shall be deemed to be fixed capital assets.
A.1.4 The types of Infrastructure Projects that meet/support the objectives of the
Agreement include but are not limited to the following:
(a) First Priority
Green Municipal Infrastructure, such as water and wastewater systems, water management,
solid waste management and recycling.
(b) Secondary Priorities, other local infrastructure, including
- Local transportation infrastructure.
- Cultural and recreational facilities, such as local museums, designated local heritage
sites, other cultural assets such as art galleries, performing arts facilities,
cultural/community centres, recreational and sports facilities, and libraries.
- Infrastructure supporting tourism, such as basic municipal infrastructure to support or
provide access to tourist facilities, major public attractions, convention or trade
centres, and exhibition buildings.
- Rural and remote telecommunications such as fibre optic or copper cable, radio or
satellite links in rural areas.
- High-speed access for local public institutions such as schools, museums, and libraries,
community centres or municipal buildings.
- Affordable housing: construction of rental housing, including related infrastructure
such as site preparation and utility extensions, that would rent at, or below, average
market rental rates in a particular community and would therefore be affordable to
moderate income households, as defined by the Canada Mortgage and Housing Corporation.
Non-eligible Projects
A.1.5 Projects dealing mainly with assets owned by Canada or Newfoundland are not
eligible projects, except where those assets are of a type normally owned or operated by
municipalities for local use and benefit as determined by the Management Committee.
Eligible Costs
A.1.6 Eligible Costs mean all direct costs properly and reasonably incurred and paid
solely and specifically by an Applicant or Third Party, which are invoiced against a
contract for goods and/or services necessary for the due implementation of a Project,
including:
(a) the capital costs (as defined and determined by the Generally Accepted Accounting
Principles which are in effect in Canada, including those published in the handbook of the
Canadian Institute of Chartered Accountants) of acquiring, constructing or renovating a
fixed capital asset;
(b) the salaries, fees, remuneration paid to professionals, technical personnel,
consultants and contractors specifically engaged to undertake the design, engineering,
manufacturing or construction of an Eligible Project and related facilities and
structures, where applicable;
(c) any other costs which are incurred and paid in the implementation of a Project that
are approved in advance by the Management Committee; and
(d) communications costs (as specified in Schedule C) that are approved in advance by
the Management Committee.
Ineligible Costs
A.1.7 Costs related to the following are not eligible:
(a) services or works normally provided by an Applicant or any other agency of an
Applicant, except in cases where the provision of such works or services by anyone other
than the Applicant would be unduly costly;
(b) the salaries and other employment benefits of any employees, overhead costs as well
as other direct or indirect operating or administrative costs of an Applicant and more
specifically these costs as related to planning, engineering, architecture, supervision,
management and other services provided by an Applicants permanent staff (This clause
does not pertain to the reimbursement in subsection 7.5);
(c) feasibility and planning studies;
(d) provincial sales tax and the Goods and Services Tax for which the Applicant or a
Third Party is eligible for a tax rebate and all other costs eligible for rebates;
(e) the purchase of lands or any interest therein;
(f) leasing land, buildings, equipment and other facilities;
(g) contributions or commitments in kind; and
(h) the repair or general/periodic maintenance of a roadway and related structures or
an existing facility and/or equipment therein.
Project Statement and Supporting Documentation
A.1.8 An Applicant must submit, in a form acceptable to the Management Committee, a
Project statement demonstrating the following:
(a) how the proposed Project is situated within, and advances, the sponsoring Local
Government's development plan(s);
(b) how the proposed Project contributes to environmental, economic, community and
innovation objectives specified in this Agreement;
(c) how the financial support of Canada and Newfoundland is required to enable the
implementation, enhance the scope, or accelerate the timing of the proposed Project;
(d) how the Applicant intends to comply with the applicable environmental assessment
requirements of the Agreement;
(e) that the Project uses the best available, economically feasible, technology; and
(f) such other information that the Management Committee may request.
A.1.9 An Applicant must provide evidence that a Project proposal has been duly
authorized or endorsed by a resolution of its Council or Board of Directors, as the case
requires, and evidence of a commitment by the Applicant to pay its share of the eligible
costs and ongoing operating costs of the Project.
A.2 Ranking CRITERIA
A.2.1 The Management Committee will assign priority to Projects according to the
following criteria. Preference will be given to Projects meeting two or more of the
criteria:
(a) Enhancement of the quality of the environment by
- Improving water quality
- Improving air quality
- Improving water and waste water management
- Improving solid waste management
- More efficient energy use
(b) Support of long-term economic growth by
- Increasing economic opportunity in communities
- More safe and efficient movement of people and goods
- Increasing access to the new economy through improved telecommunications for local
public institutions or remote and rural areas
- Increasing tourism opportunities
(c) Improvement of community infrastructure by
- Increasing community health and safety
- Increasing supply of affordable housing
- Supporting Canadian heritage and culture
- Increasing access to local recreational facilities
- Supporting the development of English and French linguistic minority communities
(d) Building 21st century infrastructure through encouraging best
technologies, new approaches and best practises by
- Encouraging innovation
- Increasing partnerships
- Encouraging the use of new approaches and best practices
- Encouraging more efficient use of existing infrastructure
A.3 EXPENDITURE/INVESTMENT TARGETS
A.3.1 A minimum of 60% of the total approved costs for all Projects will be devoted to
Green Municipal Infrastructure Projects.
A.3.2 A minimum of 56% of the total approved costs for all Projects will be devoted to
Projects in rural communities. (This percentage is based on Statistics Canada data for the
Rural and Small Town Canada population of Newfoundland according to the 1996 Census,
being the population outside the commuting zone of larger urban centres. This percentage
will be used over the life of the Infrastructure program.)
A.3.3 The above investment targets are not mutually exclusive.
A.3.4 Canada and Newfoundland will maintain a capability to fund Projects nominated by
either of them, pursuant to paragraph A.1.1(b) above, to a maximum of 20% of the total
approved costs for all Projects.
A.4 NOTIONAL SPENDING PROFILE
A.4.1 The total contribution by Canada under this Agreement will be notionally
allocated as follows:
Fiscal Year |
Dollars |
2000-2001 |
$2,261,000 |
2001-2002 |
$8,589,000 |
2002-2003 |
$9,943,000 |
2003-2004 |
$9,990,000 |
2004-2005 |
$10,236,000 |
2005-2006 |
$10,227,000 |
TOTAL |
$51,246,000 |
|
A.4.2 Should any of the above annual allocations not be expended in a fiscal year,
subject to subsection 6.1, Canada will provide the lapsed amounts in a subsequent Fiscal
Year.
SCHEDULE "B"
CANADA - NEWFOUNDLAND
INFRASTRUCTURE PROGRAM AGREEMENT
AUDIT FRAMEWORK
B.1 PURPOSE
B.1.1 The purpose of the audit framework is to provide independent and objective
assurances that:
- The management framework is appropriate, provides due consideration to risk assessment
and management, and ensures compliance with the terms and conditions of this Agreement;
- The funds are spent for the purposes intended and with due regard to economy, efficiency
and effectiveness;
- Applicants comply with their environmental obligations or conditions attached to the
approval of their Projects; and
- Appropriate systems and procedures are in place to collect relevant, reliable
information on the results of the Infrastructure program for both audit and evaluation
purposes.
B.2 AUDIT OBJECTIVES
B.2.1 The key objectives of audits to be conducted pursuant to the Agreement are to:
- Assess the overall management and administration of the Infrastructure program;
- Determine whether funds were expended for the purposes intended and with due regard to
economy, efficiency and effectiveness, by examining project selection and payment approval
processes, including the nature and extent of supporting documentation, accuracy of claim
information and evidence of proper authorizations and such other due diligence reviews as
appropriate;
- Evaluate Project compliance with appropriate legislation and more specifically
environmental legislation, including screening, assessment and follow-up processes; (note:
While the focus is primarily on appropriateness of the environmental management system and
compliance, there may be instances where an independent environmental audit is required).
- Ensure that Project and Infrastructure program information and monitoring processes and
systems are sufficient for the identification, capture, validation and the monitoring of
achievement of intended benefits; and
- Ensure that prompt and timely corrective action is taken on audit findings.
B.3 ROLES AND RESPONSIBILITIES
B.3.1 Governance of the audit function will be the responsibility of the Management
Committee. The Management Committee will ensure resources are set aside for audits;
establish annual audit plans; oversee the conduct of audits and the reporting of audit
results; and ensure that prompt and timely corrective action is taken in response to audit
findings, including the recovery of funds if applicable.
B.3.2 The Management Committee will submit to Ministers a copy of their annual audit
plans, the annual audit reports and a report on the corrective action taken if applicable.
B.4 AUDIT PLAN
B.4.1 The Management Committee will ensure that an annual audit plan is developed that
conforms to the program guidelines and includes the following elements:
(a) Interjurisdictional Collaboration
The Management Committee, in developing the audit plan, will adopt a collaborative
approach to planning and conducting audits in order to avoid unnecessary duplication or
overlap in audit activities and to build on existing audits where possible.
(b) Scope of Audit Activities
The audit plan will describe the scope of audit activity to be undertaken each year.
Audit plans are to be developed based on a risk management approach and should specify:
- the audit objectives to be addressed in audits to be carried out that year;
- the numbers of Projects of various sizes and scope to be audited;
- the nature of the risks or issues that are to be the focus of audits; and
- the reporting of audit results.
(c) Timing and Reporting of Audits
The annual audit plan should indicate the proposed time frame for starting and
completing audits and for the reporting of audit findings. Pursuant to the Treasury Board
of Canada Review Policy, the Management Committee will be responsible for ensuring that
all audit and review results are accessible to the public in a manner consistent with the
above-mentioned policy.
(d) Methodology
The annual audit plan should outline the methodologies to be used for each audit,
including the use of audits being carried out as part of the audit plans of Canada,
Newfoundland or the Applicant.
(e) Level of Resources
The annual audit plan should specify the level of resources financial and human
to be allocated to the conduct and management of audits and the share of these
resources to be provided by the Parties.
(f) Audit Standards
All audits to be carried out under this Agreement are to be carried out according to
accepted national or federal government audit standards for the specific type of audit to
be carried out. The applicable standards include the Generally Accepted Auditing Standards
and Standards for Assurance Engagements issued by the Canadian Institute of Chartered
Accountants.
B.5 PROJECT INFORMATION
B.5.1 The Management Committee shall ensure that all Project eligibility, selection,
implementation and management, and performance monitoring data and information required
for auditing a Project is collected and made accessible to auditors.
SCHEDULE "C"
CANADA - NEWFOUNDLAND
INFRASTRUCTURE PROGRAM AGREEMENT
COMMUNICATIONS PROTOCOL
C.1 GENERAL
C.1.1 Canada and Newfoundland agree to undertake joint communications activities and
products that will enhance opportunities for open, transparent, effective and pro-active
communications with Canadians through appropriate, continuous and consistent public
information activities that recognise the contribution of the Parties and the Applicant
under this Agreement.
C.1.2 The mechanisms for such communications and public information activities and
products shall be determined by the Management Committee which may establish a
Communications Sub-committee to provide it with advice and support on such matters. The
sub-committee shall be comprised of at least one federal representative and one Provincial
representative.
C.1.3 All public information material in relation to this Agreement shall be in both
official languages and indicate that the Project is being implemented pursuant to this
Agreement. All such material shall fairly reflect the contribution of the Parties and the
Applicant. This includes ensuring equal recognition and prominence where words, logos,
symbols and other types of identification are incorporated into materials.
C.1.4 All public information material or signage related to the Infrastructure program
shall be produced in accordance with the Federal Identity Program.
C.2 COMMUNICATING WITH APPLICANTS
C.2.1 All written communications with Applicants including Project approval
notifications and other related information shall be prepared on letterhead specifically
identifying the Canada Newfoundland Infrastructure program. Project approval
notifications shall be signed by both Co-chairs.
C.2.2 All public information material related to calls for tendering shall clearly and
prominently indicate that the Project is funded pursuant to this Agreement.
C.3 Communicating with the Public
Public Information Products
C.3.1 The Management Committee may develop information kits, brochures, public reports,
and web site material to inform potential Applicants and the public about the
Infrastructure program.
News Release
C.3.2 The Parties shall issue a joint news release when this Agreement is signed. The
Parties shall issue joint news releases after the approval of individual Projects. In all
such news releases, the Parties and the Applicant shall receive equal prominence. The
Parties shall mutually agree on the use of quotes from the designated representatives of
Canada, Newfoundland or the Applicant in the news releases.
News Conferences
C.3.3 Canada and Newfoundland agree to hold news conferences at the request of either
Party. The requestor shall provide at least 14 days notice of such a news conference. The
Federal Ministers and Provincial Ministers, or a designated representative of either
Party, will participate in such news conferences to take place at a mutually agreed date
and location.
Public Announcements, Official Events or Ceremonies
C.3.4 An official ceremony shall be held when this Agreement is signed. No public
announcement of a Project under this Agreement shall be made by either Party or an
Applicant without the prior consent of the Management Committee.
C.3.5 Canada shall receive at least 14 days notice of any proposed public announcement
or official ceremony related to a Project approved under this Agreement. The Federal
Ministers, or a designated representative of the Federal Ministers, shall participate in
such announcements or ceremonies, to take place at a mutually agreed date and location.
C.3.6 The Parties shall co-operate in the organization of announcements or ceremonies.
The Table of Precedence for Canada or other mutually agreed protocol should be followed. Messages and public statements for
such events should be mutually agreed upon. The Management Committee, following the advice
of the Communications Sub-committee may recommend special events and ceremonies be held
where and when appropriate.
Signage
C.3.7 The Management Committee shall ensure that the Applicant provides and installs
temporary signage at a prominent location where there is visible activity related to an
approved Project, indicating that the Project is an Infrastructure Canada
Newfoundland Project, and bearing any other such message approved by the Management
Committee.
C.3.8 Design, wording and specifications of joint signs shall reflect the participation
of Canada and Newfoundland, and must be approved by the Management Committee. Wording in
both official languages, designs, and logos should be of same size and occupy the same
amount of space. Signs shall have appropriate space indicating participation by the
Applicant, if requested.
C.3.9 The Management Committee shall issue specifications for signs and timeframes for
their installation. Temporary signs must be removed within 90 days of Project completion.
C.3.10 Canada and Newfoundland may provide and install, upon completion of Projects,
where feasible, a plaque or permanent sign bearing an appropriate inscription. The design,
wording and specifications of such permanent signs shall be in accordance with subsections
C.1.4 and C.3.8 and must be approved by the Management Committee.
Advertising
C.3.11 Either Party may organise an advertising or public information campaign related
to the Infrastructure program, however, it shall inform the other Party at least
30 days before it is launched of the contents of the messages.
C.4 Cost sharing
C.4.1 Unless otherwise agreed by the Management Committee, Canada and Newfoundland will
each assume half the costs associated with the development and delivery of communications
products and activities. This would apply to literature, letterheads, media distribution,
organisation of joint special events, translation and other material, as established by
both Parties.
C.4.2 Costs associated with any public announcement and official ceremony incurred by
the Applicant shall be Eligible Costs. Other costs incurred by the Parties to organise
such events would be borne by the Parties using an equitable cost-sharing formula.
C.4.3 Costs associated with any temporary or permanent signage incurred by the
Applicant shall be Eligible Costs. If such costs are incurred by the Parties they would be
borne by the Parties using an equitable cost-sharing formula.
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