Third Amendment to the Canada - New Brunswick Agreement on the Expansion Projects of the School and Community Centres in Fredericton and Saint John 2005-06 to 2007-08

THIS AMENDMENT was concluded in English and French on this 18^th day of March 2008,

BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, hereinafter called “Canada”, represented by the Minister of Canadian Heritage,

AND: HER MAJESTY THE QUEEN IN RIGHT OF NEW BRUNSWICK, hereinafter called “New Brunswick”, represented by the Minister of Wellness, Culture and Sport and Minister responsible for the Francophonie of New Brunswick.

THIS AMENDMENT WITNESSES THAT, in consideration of the mutual convenants herein, the parties agree to amend the Agreement dated the 28^th day of March 2006 and amended twice on the 4^th day of December 2006 and on the 15^th of March 2007, as follows:

1. Maximum Amount of the Contribution

Paragraphs 4.1, 4.2 and 4.3 of Canada - New-Brunswick Agreement on the Expansion Projects of the School and Community Centres in Fredericton and Saint John 2005-2006 to 2007-2008 are deleted and replaced by the following

Paragraph 4.1 of the Agreement is deleted and replaced by the following:

• 4.1 Subject to the appropriation of funds by Parliament, to the maintenance of current forecasted budgetary levels to March 31, 2008, for the Development of Official- Language Communities Program, Minority Language Education Component, and the terms and conditions of this agreement, Canada agrees to contribute to the eligible expenses incurred for the purposes set out in section 2. The total cost of the expansion projects of the school and community centres in Fredericton and Saint John is twentynine million seventy-three thousand five hundred and eighteen dollars ($29,073,518). Canada agrees to make a maximum contribution of eleven million two hundred and fifty thousand dollars ($11,250,000) toward the total actual eligible expenses incurred by New Brunswick.

Paragraph 4.2 of the Agreement is deleted and replaced by the following:

• 4.2 Canada's total contribution to the two projects shall be distributed as follows:

  2005-06     $4,000,000
  2006-07     $5,939,000
  2007-08     $1,311,000

Paragraph 4.3 of the Agreement is deleted and replaced by the following:

• 4.3 Canada’s total contribution represents a maximum amount of six million six hundred and thirty-four thousand and seven hundred dollars ($6,634,700) for the community centre in Fredericton and a maximum amount of four million six hundred and fifteen thousand and three hundred dollars ($4,615,300) for the school-community centre in Saint John.

2. Effective date

This amendment shall take effect on the date the Canada - New Brunswick Agreement on the Expansion Projects of the School and Community Centres in Fredericton and Saint John - 2005-06 to 2007-08 was signed by all parties and shall terminate, barring its cancellation beforehand, one year (365 days) after the expiry of the period of activities mentioned in subsection 23.2 of the Agreement.

3. Precedence

All other clauses contained in the Canada - New Brunswick Agreement on the Expansion Projects of the School and Community Centres in Fredericton and Saint John - 2005-06 to 2007-08 remain unchanged, and in the event of any inconsistencies, the provisions of this amendment take precedence over those of the Agreement dated the 28th day of March 2006 and amended twice on the 4^th day of December 2006 and on the 15^th day of March 2007.

4. Appendices

The attached Appendix 3 replaces the previous Appendix 3.

 

IN WITNESS WHEREOF, the parties hereto have signed this Amendment on the date that appears on the first page.

ON BEHALF OF CANADA

Josée Verner

__________________

The Honourable Josée Verner Minister of Canadian Heritage,
Status of Women and Official Languages

Witness

Émilie Potvin

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Name in block letters

Émilie Potvin

__________________
Signature

ON BEHALF OF NEW BRUNSWICK

Shawn Graham

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The Honourable Shawn Graham Premier of New Brunswick and Minister of Intergovernmental Affairs

Witness

Pauline Flewelling

__________________
Name in block letters

Pauline Flewelling

__________________
Signature

AND

Hédard Albert

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The Honourable Hédard Albert Minister of Wellness, Culture and Sport and Minister responsible for the Francophonie of New Brunswick

Witness

Mirelle Cyr

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Name in block letters

Mirelle Cyr

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Signature