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CANADA - PRINCE EDWARD ISLAND
AGREEMENT ON THE CONSTRUCTION OF THE CENTRE SCOLAIRE ET
COMMUNAUTAIRE DE PRINCE-OUEST
2005-06 TO 2007-08
- SCHEDULE 1 - Administrative Terms and Conditions
- SCHEDULE 2 - Description of Project
- SCHEDULE 3 - Estimated Eligible Costs, Expenditures Timetable and Projected Contributions
THIS AGREEMENT was concluded in English and French on this 31st day of March 2006,
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 PRINCE EDWARD ISLAND, hereinafter called "Prince Edward Island", represented by the Minister of Education of Prince Edward Island.
WHEREAS English and French are the official languages of Canada, as recognized by the Constitution of Canada, as well as by the Official Languages Act, and whereas Canada recognizes its responsibilities and undertakings with respect to those languages;
WHEREAS section 23 of the Canadian Charter of Rights and Freedoms recognizes the right of Canadian citizens belonging to the English- or French-language minority in a province or territory to have their children educated in that language, at the elementary and secondary levels, where numbers of students warrant, and whereas this right includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds;
WHEREAS Canada is committed to enhancing the vitality of the official-language minority communities and to fostering the full recognition and use of both English and French in Canadian society, and whereas, in accordance with the Official Languages Act, the Minister of Canadian Heritage may, to this effect, take such measures, in particular, to encourage and assist provincial and territorial governments to provide members of the official-language minority communities education in their own language and to provide opportunities for everyone to learn both English and French as a second language;
WHEREAS education is under provincial jurisdiction;
WHEREAS Prince Edward Island, in the context of its responsibility for education, provides education in French in the province in accordance with section 23 of the Canadian Charter of Rights and Freedoms and its spirit, and instruction in French as a second language;
WHEREAS it is the responsibility of Prince Edward Island to determine the objectives, define the contents, set priorities and evaluate its programs in minority language education and second-language instruction;
WHEREAS Canada, in its Action Plan for Official Languages, hereinafter called "Canada's Action Plan", released on March 12, 2003, identifies minority language education as one of its priorities to provide new impetus to linguistic duality in the country;
WHEREAS Prince Edward Island acknowledges Canada's Action Plan;
WHEREAS Canada, in the Protocol for Agreements for Minority-Language Education and Second-Language Instruction 2005-06 to 2008-09 between the Government of Canada and the Council of Ministers of Education, Canada (CMEC), hereinafter called "Protocol", concluded on November 3, 2005, reserves the right to approve complementary contributions in addition to the regular and additional funds identified in the Protocol to support measures encompassing among other things infrastructure projects and cultural enrichment projects in minority language education at all levels of instruction;
WHEREAS Prince Edward Island acknowledges that the concept of additional costs, as recognized by the Protocol, constitutes one of the premises on which Canada bases its financial support to Prince Edward Island;
WHEREAS Canada and Prince Edward Island acknowledge the importance of school and community centres in the development of the Acadian and Francophone communities in Prince Edward Island;
AND WHEREAS Canada and Prince Edward Island, in accordance with the terms of this agreement, are prepared to allocate funds to support the construction of the Centre scolaire et communautaire de Prince-Ouest;
THEREFORE, this agreement confirms that the parties hereto agree as follows:
1. DEFINITIONS
1.1 The following definitions apply to this agreement.
"Protocol" refers to the collaboration agreement between the Department of Canadian Heritage and CMEC encompassing the bilateral agreements with the provinces and territories relative to minority language education and second-language instruction in Canada.
"Regular programs" refers to the measures described in Prince Edward Island's action plan that are carried out in the maintenance and improvement of programs in minority language education and second-language instruction at all levels of instruction.
"Regular funds" refers to the financial assistance provided by Canada to fund regular programs.
"Additional strategies" refers to the measures described in Prince Edward Island's action plan and implemented under Canada's Action Plan.
"Additional funds" refers to the financial assistance provided by Canada to fund additional strategies.
"Complementary contribution(s)" refers to financial assistance provided by Canada to fund initiatives that set out to support the attainment of the objectives of Canada's Action Plan and the Protocol's priorities and that are complementary to the regular programs and additional strategies of the province.
"Minority language" and "second language" refer to the two official languages of Canada: English and French. "Second language" means the second official language, either English or French. In the context of Prince Edward Island, minority language refers to French, and second language refers to French.
"Education" and "instruction", unless otherwise specified, refer to all levels of the educational system - elementary, secondary, post-secondary (colleges and universities) and adult education - according to the definition generally accepted by Statistics Canada or agreed upon by Canada and Prince Edward Island.
"Certified Financial Statement(s)" refers to one or more financial statements that are certified by a person duly authorized by Prince Edward Island. For each reporting period, these financial statements present, as separate items, the budget for the project funded under this agreement, the income sources and all expenses incurred by the province, including any expenses incurred after the signing of this agreement. The financial statements are prepared according to generally accepted accounting principles.
"Year" or "fiscal year", unless otherwise specified, refers to the period beginning April 1 and ending March 31.
"School year", unless otherwise specified, refers to the period beginning July 1 and ending June 30.
2. PURPOSE OF THE AGREEMENT
2.1 The purpose of this agreement is to establish a cooperation framework between Canada and Prince Edward Island for 2005-06 to 2007-08 to support the construction of the Centre scolaire et communautaire de Prince-Ouest in Prince Edward Island, as described in Schedules 2 and 3 of this agreement. This project is designed to meet the educational needs in French, at the primary and secondary levels, and the developmental needs of the Acadian and Francophone communities in the Prince-Ouest region.
3. PURPOSE OF THE CONTRIBUTION
3.1 Subject to the provisions of this agreement, Canada is prepared to meet a portion of the eligible expenses incurred by Prince Edward Island to implement the construction of the Centre scolaire et communautaire de Prince-Ouest.
3.2 In accordance with section 2, Canada and Prince Edward Island agree that Canada's complementary contribution shall be used for:
3.2.1 the construction of the community spaces of the Centre scolaire et communautaire in Prince-Ouest, as mentioned in Schedule 2 of this agreement.
4. MAXIMUM AMOUNT OF CONTRIBUTION
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 construction of the Centre scolaire et communautaire de Prince-Ouest is four million nine hundred ten thousand six hundred two dollars ($4,910,602). Canada agrees to make a maximum contribution of two million four hundred ten thousand six hundred two dollars ($2,410,602) toward the total actual eligible expenses incurred by Prince Edward Island.
4.2 Canada's total contribution shall be distributed as follows:
2005-06 $1,000,000
2006-07 $705,301
2007-08 $705,301
4.3 Canada and Prince Edward Island recognize that Canada's financial contribution for a given year shall be provided to support the measures implemented during that period.
4.4 The complementary contribution identified in subsection 4.1 shall be paid in addition to the regular and additional funds paid to Prince Edward Island under the Canada - Prince Edward Island Agreement on Minority Language Education and Second Official Language Instruction for 2005-06 to 2008-09, and shall be subject to separate accountability measures. Canada and Prince Edward Island agree that the complementary contribution approved under this agreement shall be included in the calculation of the total funding awarded to Prince Edward Island under Canada's Action Plan.
4.5 Subject to the appropriation of funds by the Legislative Assembly of Prince Edward Island and the maintenance of current and forecasted budgetary levels for the Department of Education, Prince Edward Island agrees to contribute to the eligible expenses incurred under the terms of this agreement. Prince Edward Island's total contribution represents an amount of two million five hundred thousand dollars ($2,500,000) and shall be distributed as follows:
2005-06 $120,400
2006-07 $2 379,600
2007-08 $ 0
4.6 The administrative terms and conditions governing the payment of Canada's financial contribution are set out in Schedule 1.
5. ELIGIBLE EXPENSES
5.1 For the purposes of this agreement, eligible expenses may include, among others, expenditures related to professional fees, environmental assessment, construction, preparation of plans and specifications, and for essential furniture and equipment.
6. APPROVED STRATEGIES AND BUDGETS
6.1 Canada and Prince Edward Island agree that the complementary contribution referred to in subsection 4.1 shall apply only to the construction of the Centre scolaire et communautaire de Prince-Ouest, based on the federal and provincial budgetary breakdown set out in Schedule 3 of this agreement.
7. ACCOUNTABILITY
7.1 Canada and Prince Edward Island agree that they must be accountable to Parliament, the provincial legislature and the general public for the proper use of funds provided under this agreement and for the results achieved by these investments. Consequently, Prince Edward Island agrees to provide Canada with the financial statements required for each year covered by this agreement and with the report on outcomes at the end of the last year covered by this agreement.
7.2 The requirements pertaining to the submission and acceptance of financial statements and of the report on outcomes are described in sections 1 and 2 of Schedule 1.
8. TENDERS
8.1 Before awarding any contracts for the implementation of the project included in this agreement, Prince Edward Island shall publish a call for tenders in one or several English- and French-language newspapers.
9. DESCRIPTION OF PROJECT, ESSENTIAL FURNITURE AND EQUIPMENT
9.1 Before awarding a contract, Prince Edward Island shall submit for Canada's approval a description of the project, plans and specifications, and a work schedule, and shall have completed to the satisfaction of Canada, the environmental assessment prescribed in section 11, in accordance with the Canadian Environmental Assessment Act.
9.2 The community spaces of the Centre scolaire et communautaire de Prince-Ouest shall be fully operational no later than March 31, 2008.
9.3 Prince Edward Island shall ensure that the new facilities are accessible to the disabled.
9.4 For the purposes of this agreement, "essential furniture and equipment" means the furniture and equipment needed for the operation and maintenance of the building and the land that are usually and reasonably provided for in such an institution in Prince Edward Island, excepting perishables.
10. DISPOSAL OF ASSETS
10.1 For any asset purchase (furniture, equipment, automotive equipment, buildings, etc.) that has a cost of over $1,000, Prince Edward Island shall preserve and maintain the assets acquired with the contribution funds of this agreement and use them for the purposes of the funded activities for a period of five years following the expiry or termination of this agreement, unless:
10.1.1 written exemption from this requirement is obtained from Canada;
10.1.2 Canada authorizes the disposal of the assets;
10.1.3 the assets must be replaced on account of wear; or
10.1.4 the assets must be replaced on account of obsolescence.
11. ENVIRONMENTAL ASSESSMENT
11.1 Prince Edward Island recognizes Canada's environmental assessment obligations and undertakes to provide Canada with an environmental assessment in accordance with the Canadian Environmental Assessment Act for the project included in this agreement.
11.2 The costs of the environmental assessment are an integral part of the costs of carrying out the project and, as such, are eligible for financial assistance by Canada, in accordance with the provisions of this agreement.
11.3 Prince Edward Island shall respect any municipal, provincial and federal statutes and regulations related to the protection of the environment.
12. PARTNERSHIP
12.1 The parties recognize that this agreement does not constitute an association with the intent to establish a partnership or a joint venture nor to create an agency relationship between Canada and Prince Edward Island.
13. ACCESS TO PREMISES
13.1 Prince Edward Island shall allow the Minister of Canadian Heritage or her representatives to visit the premises where the activities funded under this agreement are being carried out.
14. INSURANCE
14.1 Prince Edward Island shall take the necessary measures to ensure that the premises of the Centre scolaire et communautaire de Prince-Ouest are, at all times, insured against fire, loss or damage from whatever reason, for the full replacement value of the premises.
15. MEMBERS OF THE HOUSE OF COMMONS, THE SENATE AND THE LEGISLATIVE ASSEMBLY OF PRINCE EDWARD ISLAND
15.1 No member of the House of Commons, the Senate or the Legislative Assembly of Prince Edward Island may take part in this agreement or benefit from it in any way.
16. FORMER FEDERAL PUBLIC OFFICE HOLDERS AND PUBLIC SERVANTS
16.1 No official or employee of Canada shall be admitted to share in this agreement nor to any benefit arising from this agreement without the written consent of the official's or employee's Minister. No former public office holder or public servant who is not in compliance with the Conflict of Interest and Post-Employment Code for Public Office Holders or the Values and Ethics Code for the Public Service may receive a direct benefit from this agreement.
17. LIABILITY OF CANADA
17.1 Canada shall not be liable for any injury, including death, or for any loss or damage to the property of Prince Edward Island or anyone else, that occurs through the execution of this agreement by Prince Edward Island unless such injury, loss or damage is caused by the negligence, willful misconduct or bad faith of Canada, the Minister of Canadian Heritage, or their employees, officers or agents.
17.2 Canada disclaims itself from any liability in the event that Prince Edward Island concludes a loan, rent-to-own contract or other long-term contract involving the project for which the contribution is granted in this agreement.
18. INDEMNIFICATION
18.1 Prince Edward Island shall indemnify Canada, the Minister of Canadian Heritage and their employees, officers or agents and release them from any liability for claims, losses, damages, costs and expenses related to any injury or death or loss of or damage to property caused by Prince Edward Island or its employees, officers or agents in carrying out the project described in this agreement.
19. DISPUTE RESOLUTION
19.1 In the event of a dispute arising under the terms of this agreement, the parties agree to make a good faith attempt to settle the dispute. In the event that the parties cannot resolve the dispute through negotiation, they agree to submit to mediation. The parties shall bear the cost of mediation equally.
20. BREACH OF COMMITMENTS AND RECOURSE
20.1 The following constitute breach of commitments:
20.1.1 Prince Edward Island, directly or through its representatives, makes or made a false declaration or a misrepresentation to Canada; or
20.1.2 One of the conditions or commitments included in this agreement has not been fulfilled.
20.2 In the event of breach of commitments by Prince Edward Island, Canada may avail itself of one or more of the following remedies:
20.2.1 Reduce Canada's contribution to Prince Edward Island and inform it accordingly;
20.2.2 Suspend any payment of Canada's contribution, either with respect to amounts already owing or to future payments;
20.2.3 Rescind this agreement and immediately terminate any financial obligation arising therefrom;
20.2.4 By written demand, require repayment of amounts already paid that were spent contrary to the terms of this agreement, the amount claimed becoming a debt owing to the Crown as soon as the demand is made on Prince Edward Island. Prince Edward Island shall immediately comply with all written demands.
20.3 The fact that Canada refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred on it shall not prevent it in any way in the future from exercising any other right or remedy under this agreement or other applicable law.
21. ASSIGNMENT
21.1 This agreement, or any benefit hereunder, may not be assigned without prior written approval from Canada.
22. APPLICABLE STATUTES
22.1 This agreement shall be governed by and interpreted in accordance with the applicable statutes of Prince Edward Island.
23. COMMUNICATIONS
23.1 Any communication concerning this agreement intended for Canada shall be sent by mail to:
Department of Canadian HeritageGatineau, Quebec
K1A 0M5
Attention of:
Director General, Official Languages Support Programs
23.2 Any communication concerning this agreement intended for Prince Edward Island shall be sent by mail to:
Department of EducationGovernment of Prince Edward Island
Post Office Box 2000
Charlottetown, Prince Edward Island
C1A 7N8
Attention of:
Director of French Programs
23.3 Any communication sent in this way shall be deemed to have been received after the time required for a letter to reach its destination.
24. DURATION
24.1 This agreement shall take effect on the date on which it is signed by all the parties and shall terminate, barring its cancellation beforehand, one year (365 days) after the expiry of the period of activities mentioned in subsection 24.2.
24.2 Subject to subsection 24.3, all contributions to be paid by Canada in accordance with the provisions of this agreement shall apply only to the expenses related to the project and incurred by Prince Edward Island for the period commencing on April 1, 2005 and ending on March 31, 2008.
24.3 Canada agrees that the period during which expenses can be charged against contributions for a given fiscal year may be extended to June 30 in order to take the school year into consideration. The period of activity set out in subsection 24.2 could therefore end on June 30, 2008.
24.4 All the obligations of Prince Edward Island shall survive, explicitly or by reason of their nature, the cancellation or expiry of this agreement, until they are discharged or until they expire.
25. AMENDMENT OR TERMINATION
25.1 The parties may, by mutual written consent, amend or terminate this agreement during the life of this agreement.
26. CONTENT OF AGREEMENT
26.1 This agreement, including the following schedules that form an integral part of this agreement and subsequent amendments to them, constitutes the entire agreement between the parties and supersedes all previous and future documents, negotiations, agreements, understandings and undertakings related to its subject matter. The province acknowledges having read this agreement and agrees with the content.
SCHEDULE 1 - Administrative Terms and Conditions
SCHEDULE 2 - Description
of Project
SCHEDULE 3 - Estimated
Eligible Costs, Expenditures Timetable and Projected
Contributions
IN WITNESS WHEREOF, the parties hereto have signed this agreement on the date that appears on the second page.
ON BEHALF OF CANADA
Josée Verner
__________________________________
The Honourable Josée Verner
Minister of International Cooperation
and Minister for La Francophonie and
Official Languages
Witness
Denis Jolette
__________________________________
Name in block letters
Denis Jolette
__________________________________
Signature
AND
Beverley J. Oda
__________________________________
The Honourable Beverley J. Oda
Minister of Canadian Heritage
and Status of Women
Witness
Joanne McNamara
__________________________________
Name in block letters
Joanne McNamara
__________________________________
Signature
ON BEHALF OF PRINCE EDWARD ISLAND
Mildred A. Dover__________________________________
The Honourable Mildred A. Dover
Minister of Education
Witness
Barbara Buell
_____________________________________
Name in block letters
Barbara Buell
_____________________________________
Signature
ADMINISTRATIVE TERMS AND
CONDITIONS
1. TERMS OF PAYMENT
1.1. Canada's annual contribution set out in section 4 of this agreement shall be paid in the following manner:
1.1.1. First year (2005-2006)
a) A first advance payment, representing one half (50%) of Canada's contribution for 2005-06, shall be made following the signing of this agreement and acceptance by Canada of the following documents:
i) the environmental assessment, in accordance with subsection 9.1 and section 11 of this agreement;
ii) copies of the contracts signed by the architect and/or the contractor;
iii) a list of the furniture and equipment to be purchased during 2005-06, if applicable;
iv) a schedule of work for 2005-06.
b) A second and final advance payment, not exceeding the balance of Canada's contribution for 2005-06, shall be made following receipt and acceptance by Canada of the following documents:
i) in accordance with section 2 of this schedule, a certified interim financial statement demonstrating the actual expenditures made by Prince Edward Island during the period ending January 31, 2006, with supporting documents, as well as the expenditures projected until March 31, 2006;
ii) a revised version of Schedule 2, "Description of Project", if applicable;
iii) a revised version of Schedule 3, "Estimated Eligible Costs, Expenditures Timetable and Projected Contributions", if applicable; and
iv) a revised version of the schedule of work for 2005-06, if applicable.
1.1.1 Years 2 and 3 (2006-07 and 2007-08)
a) A first advance payment, representing one half (50%) of Canada's contribution for the current year, shall be made on condition that the requirements for the previous payments have been met, and subject to the receipt and acceptance by Canada of the following documents:
i) a list of the furniture and equipment to be purchased during the current year, if applicable;
ii) a revised version of Schedule 2, "Description of Project", if applicable;
iii) a revised version of Schedule 3, "Evaluation of Eligible Costs, Expenditures Timetable and Projected Contributions", if applicable; and
iv) a revised version of the schedule of work for the current year, if applicable.
b) A second and final advance payment, not exceeding the balance of Canada's contribution for the current year, shall be made following receipt and acceptance by Canada of the following documents:
i) in accordance with section 2 of this schedule, a certified final financial statement demonstrating the actual expenditures made by Prince Edward Island during the period of April 1 to March 31 of the previous year, with supporting documents;
ii) in accordance with section 2 of this schedule, a certified interim financial statement demonstrating the actual expenditures made by Prince Edward Island during the period ending January 31 of the current year, with supporting documents, as well as the expenditures projected to March 31 of the current year;
iii) a revised version of Schedule 2, "Description of Project", if applicable;
iv) a revised version of Schedule 3, " Estimated Eligible Costs, Expenditures Timetable and Projected Contributions", if applicable; and
i) a revised version of the schedule of work for the current year, if applicable.
1.2 The amounts to be paid by Canada to Prince Edward Island in accordance with this agreement shall be made within approximately thirty (30) business days once Canada accepts the documents referred to in section 1 of this schedule. This acceptance is conditional on the information contained in the said documents conforming to the terms and conditions of this agreement and on Prince Edward Island acting on any issues raised by Canada, should the occasion arise.
2. FINANCIAL STATEMENTS, REPORTS ON OUTCOMES AND RELEVANT DOCUMENTS
2.1 In accordance with section 1 of this schedule, Prince Edward Island shall provide certified interim and final financial statements for each year covered by this agreement.
2.2 The financial statements shall be certified by a senior program officer and a certified financial officer, both of whom shall be duly authorized by Prince Edward Island and approved by Canada.
2.3 Canada and Prince Edward Island agree that the financial statements provided to Canada by Prince Edward Island shall indicate, by budgetary item, the budget set out under this agreement, the income sources and all expenses incurred by the province, including those incurred after the signature of this agreement.
2.4 In addition to the certified financial statements referred to in section 1 of this schedule, within six (6) months following the end of this agreement, Prince Edward Island shall provide to Canada final certified financial statements for 2007-08 accompanied by related supporting documents and a report on outcomes relative to the construction of the Centre scolaire et communautaire de Prince-Ouest, for public information purposes. The report on outcomes shall be accompanied by a cover letter that will provide an overall interpretation of the outcomes achieved by Prince Edward Island in regard to the purpose of this agreement.
2.5 For purposes of this agreement, the term "supporting documents" referred to in sections 1 and 2 of this schedule means:
2.5.1 when applied to the architect's fees and costs related to construction work, a written certificate signed by the architect acknowledging the value of the work completed in accordance with the contract documents;
2.5.2 when applied to essential furniture and equipment, a document prepared and certified by Prince Edward Island listing the goods purchased, their price and their quantity.
2.6 Prince Edward Island shall submit its financial statements and report on outcomes in the manner considered by the province to be most appropriate given its particular circumstances. Following presentation of such information, if there is a need in the opinion of Canada to clarify the information provided, Canada and Prince Edward Island shall hold discussions to do so and to examine their relevance in light of the needs of Canada.
2.7 For purposes of this agreement, Canada agrees that the period during which expenses can be charged against contributions for each fiscal year may be extended to June 30 in order to take the school year into consideration. Where applicable, Prince Edward Island undertakes to ensure that the items it reported in the financial statements submitted to Canada for expenditures incurred between April 1 and June 30, and charged to the previous fiscal year, are not reported during the following fiscal year.
2.8 Prince Edward Island agrees to keep proper and up-to-date accounts and records of receipts and expenditures related to the content of this agreement, including all related invoices, receipts and useful supporting documents. Prince Edward Island shall provide financial statements and other documents provided for in this agreement and as required from time to time by Canada and it shall manage its financial affairs in accordance with generally accepted accounting principles and practices. For the purposes of this agreement, Prince Edward Island shall retain all financial accounts, supporting documents and other useful documents for a period of at least five years following the expiration of this agreement.
2.9 Prince Edward Island shall submit to Canada a document attesting the official opening of the new Centre scolaire et communautaire de Prince-Ouest.
3. OVERPAYMENT
3.1 The parties agree that, if the payments made to Prince Edward Island exceed the amounts to which Prince Edward Island is entitled, the overpayment shall be returned to Canada, failing which Canada may reduce its future contributions to Prince Edward Island by an equivalent amount.
4. FINANCIAL AUDIT
4.1 The parties agree that Canada reserves the right to audit or to have an audit conducted of the accounts and records of Prince Edward Island in connection with the provisions of this agreement to ensure compliance with these provisions, and Prince Edward Island agrees to make all records, documents and information relevant to this agreement available to auditors who may need them. The scope and extent of financial audits and the timing chosen to conduct them shall be determined by Canada and, if needed, these audits may be conducted by Department of Canadian Heritage officials or its agents.
4.2 Canada agrees to inform Prince Edward Island of the results of any financial audit and to pay Prince Edward Island, as soon as possible after completion of the audit, any monies that the audit may show to be then due and owing to Prince Edward Island. Prince Edward Island agrees to pay to Canada, on being informed of the results of such financial audit, any monies that the audit may show to be due and owing to Canada.
5. INFORMATION TO THE PUBLIC
5.1 Canada and Prince Edward Island agree that principles of transparency, accountability, consistency, accuracy, timeliness and clarity shall guide public reporting related to this agreement. The provision of such information by the parties shall be compatible with their respective policies and legislation on the protection of privacy and freedom of information.
5.2 Canada and Prince Edward Island agree to make the text of this agreement and its schedules available to the Canadian public, in particular on their respective Web sites, within a reasonable timeframe following the signature of this agreement.
5.3 Canada and Prince Edward Island agree to make the reports regarding the construction of the Centre scolaire et communautaire de Prince-Ouest available to the Canadian public in a reasonable timeframe after the documents are accepted by Canada.
5.4 Canada and Prince Edward Island agree that communications and publications for the general public regarding this agreement shall be issued in both official languages.
6. PUBLIC ACKNOWLEDGEMENT OF CANADA
6.1 During the construction work, Prince Edward Island shall publicly acknowledge Canada's contribution, and shall allow representatives of Canada to participate fully in all official ceremonies to underline Canada's contribution to the project and, upon completion of the work, in the official opening of the new Centre scolaire et communautaire de Prince-Ouest.
6.2 Prince Edward Island agrees to give recognition to Canada's contributions when conducting publicity for the project for which financial assistance was provided by Canada. For the purpose of this agreement, publicity includes, without being limited to, temporary signs erected on the construction site, news releases, reports by provincial departments and agencies, and correspondence with educational institutions. Prince Edward Island agrees to provide Canada with samples of these various types of publicity.
6.3 Prince Edward Island agrees to take all reasonable measures to ensure that any recipient of a financial contribution from Canada, in particular schools and school boards, mention Canada's contributions wherever appropriate, in any publicity relating to the project for which Canada has made a financial contribution.
6.4 Upon completion of the construction work, Prince Edward Island shall install a plaque on the site covered in this agreement, drawing attention to Canada's participation in the project. The text of this plaque, which shall be written in both English and French, and its presentation shall be submitted for Canada's approval.
7. CONSULTATION
7.1 Prince Edward Island has assured Canada that interested associations and groups in the province, in particular representatives of school boards and Acadian and Francophone communities, were consulted in the planning and designing of the Centre scolaire et communautaire de Prince-Ouest.
8. EVALUATION
8.1 Prince Edward Island is responsible for the evaluation of its educational programs and measures under its jurisdiction, including the project covered by this agreement. Prince Edward Island agrees to share with Canada the results of those evaluations.
8.2 Canada's programs, including the Development of Official-Language Communities Program, Minority Language Education Component, are routinely subject to evaluation. Canada shall encourage input from Prince Edward Island in such evaluations and shall use the information provided under this agreement. If additional information is required, such information shall be discussed between Canada and Prince Edward Island.
DESCRIPTION OF PROJECT CENTRE
SCOLAIRE-COMMUNAUTAIRE DE PRINCE OUEST
The Centre scolaire-communautaire de Prince Ouest will be built in response to the new needs of the school and community clientele of Prince Ouest.
| PROJECTED SPACE (sq.ft) | |||||||
| School Component | PCH | OTHER | TOTAL Canada | PEI | TOTAL (sq.ft) | ||
|---|---|---|---|---|---|---|---|
| Classrooms (1st-8th Year) (2 x 647sq.ft + 2 x 648sq.ft) | 0 | 0 | 0 | 2590 | 2590 | ||
| Classrooms (7th-12th Year) (2 x 727sq.ft + 1 x 729sq.ft) | 0 | 0 | 0 | 2183 | 2183 | ||
| Lab Sciences | 0 | 0 | 0 | 728 | 728 | ||
| Special Education (includes washrooms and shower) | 0 | 0 | 0 | 233 | 233 | ||
| Teacher Planning | 0 | 0 | 0 | 210 | 210 | ||
| Office - Principal | 0 | 0 | 0 | 160 | 160 | ||
| Office - Vice-Principal | 0 | 0 | 0 | 120 | 120 | ||
| Office - Guidance | 0 | 0 | 0 | 145 | 145 | ||
| Books and AV Storage + Others | 0 | 0 | 0 | 223 | 223 | ||
| Teacher and Community Staff Lounge | 0 | 0 | 0 | 360 | 360 | ||
| Health Room (includes sick room and washroom) | 0 | 0 | 0 | 118 | 118 | ||
| Washrooms (5) | 0 | 0 | 0 | 747 | 747 | ||
| sub-total - SCHOOL COMPONENT | 0 | 0 | 0 | 7817 | 7817 | ||
| Shared Component | PCH | OTHER | TOTAL Canada | PEI | TOTAL (sq.ft) | ||
| Community and School Ressource Centre (includes one washroom) | 333 | 883 | 1216 | 231 | 1447 | ||
| Multipurpose Room and Stage / MP Room - Storage | 760 | 2016 | 2776 | 529 | 3305 | ||
| Gymnasium | 1196 | 0 | 1196 | 4004 | 5200 | ||
| Gym Change Rooms/Storage + Office | 264 | 0 | 264 | 884 | 1148 | ||
| Industrial Arts/Woodworking | 0 | 482 | 482 | 482 | 964 | ||
| Administration/Boutique/Copier/Storage | 439 | 0 | 439 | 288 | 727 | ||
| Electrical Room | 45 | 0 | 45 | 45 | 90 | ||
| Fan Room/Boiler/Lan Room/Storage (Level 2) | 691 | 0 | 691 | 691 | 1382 | ||
| Computer Centre/Applied technology | 170 | 0 | 170 | 511 | 681 | ||
| Music + Stage Access | 140 | 558 | 698 | 0 | 698 | ||
| Janitorial Space | 88.5 | 0 | 88.5 | 88.5 | 177 | ||
| Circulation Space | 4147 | 184 | 4331 | 4884 | 9215 | ||
| sub-total - SHARED COMPONENT | 8273.5 | 4123 | 12396.5 | 12637.5 | 25034 | ||
| Community Spaces | PCH | OTHER | TOTAL Canada | PEI | TOTAL (sq.ft) | ||
| Director Office | 164 | 0 | 164 | 0 | 164 | ||
| Activities Coordination Office | 122 | 0 | 122 | 0 | 122 | ||
| PR Officer | 119 | 0 | 119 | 0 | 119 | ||
| Community Development Officer | 119 | 0 | 119 | 0 | 119 | ||
| Special Project Employees | 122 | 0 | 122 | 0 | 122 | ||
| Community Courses Room | 572 | 0 | 572 | 0 | 572 | ||
| Seniors Room | 484 | 0 | 484 | 0 | 484 | ||
| Meeting Room | 125 | 0 | 125 | 0 | 125 | ||
| Storage Room - Community | 160 | 0 | 160 | 0 | 160 | ||
| Washrooms (6) | 423 | 0 | 423 | 0 | 423 | ||
| Kindergarten room | 559 | 0 | 559 | 0 | 559 | ||
| Pre-Kindergarten Room | 528 | 0 | 528 | 0 | 528 | ||
| Pre-school | 527 | 0 | 527 | 0 | 527 | ||
| Daycare room | 390 | 0 | 390 | 0 | 390 | ||
| Kitchen - daycare | 162 | 0 | 162 | 0 | 162 | ||
| Equipment storage - outside | 79 | 0 | 79 | 0 | 79 | ||
| Laundry | 67 | 0 | 67 | 0 | 67 | ||
| Small meeting room | 155 | 0 | 155 | 0 | 155 | ||
| Childcare Supervisor Office | 114 | 0 | 114 | 0 | 114 | ||
| Storage - Daycare/Pre-Kindergarten/Pre-School | 220 | 0 | 220 | 0 | 220 | ||
| Daycare Educator Planning Room | 163 | 0 | 163 | 0 | 163 | ||
| Kitchen + Salon | 489 | 0 | 489 | 0 | 489 | ||
| Room for activities | 710 | 0 | 710 | 0 | 710 | ||
| sub-total - COMMUNITY SPACES | 6573 | 0 | 6573 | 0 | 6573 | ||
| TOTAL - SPACES (sq.ft.) | 14846.5 | 4123 | 18969.5 | 20454.5 | 39424 | ||
| SUMMARY FOR THE CENTRE SCOLAIRE ET COMMUNAUTAIRE DE PRINCE OUEST | |||||||
| Canada | PEI | TOTAL (sq.ft) | |||||
| School Spaces | 0 | 7817 | 7817 | ||||
| Shared Spaces | 12397 | 12638 | 25034 | ||||
| Community Spaces | 6573 | 0 | 6573 | ||||
| NET SURFACE AREA | 18970 | 20455 | 39424 | ||||
Sources: Provicial proposal submitted on March 17, 2006 and additions accepted by PCH on March 17, 2006.
SCHEDULE 3
ESTIMATED ELIGIBLE COSTS, EXPENDITURES
TIMETABLE AND PROJECTED CONTRIBUTIONS CENTRE SCOLAIRE-COMMUNAUTAIRE
DE PRINCE OUEST
| 2005-2006 | 2006-2007 | 2007-2008 | TOTAL | TOTAL | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Cost descriptions | Canada | PEI | TOTAL | Canada | PEI | TOTAL | Canada | PEI | TOTAL | Canada | PEI | |||||
| PCH | OTHER | PCH | OTHER | PCH | OTHER | PCH | OTHER | |||||||||
| Construction work | 456,190 $ | 468,910 $ | 0 $ | 925,100 $ | 688,211 $ | 0 $ | 2,199,367 $ | 2,887,578 $ | 461,283 $ | 0 $ | 0 $ | 461,283 $ | 1,605,684 $ | 468,910 $ | 2,199,367 $ | 4,273,961.00 $ |
| Construction contingency | 29,700 $ | 6,000 $ | 0 $ | 35,700 $ | 0 $ | 0 $ | 38,300 $ | 38,300 $ | 0 $ | 0 $ | 0 $ | 0 $ | 29,700 $ | 6,000 $ | 38,300 $ | 74,000.00 $ |
| Land | 0 $ | 0 $ | 100,000 $ | 100,000 $ | 0 $ | 0 $ | 0 $ | 0 $ | 0 $ | 0 $ | 0 $ | 0 $ | 0 $ | 0 $ | 100,000 $ | 100,000.00 $ |
| Equipment (sch. + com.) | 0 $ | 0 $ | 0 $ | 0 $ | 0 $ | 17,090 $ | 121,533 $ | 138,623 $ | 244,018 $ | 0 $ | 0 $ | 244,018 $ | 244,018 $ | 17,090 $ | 121,533 $ | 382,641.00 $ |
| Consultants - 1st phase | 15,600 $ | 4,000 $ | 20,400 $ | 40,000 $ | 0 $ | 0 $ | 0 $ | 0 $ | 0 $ | 0 $ | 0 $ | 0 $ | 15,600 $ | 4,000 $ | 20,400 $ | 40,000.00 $ |
| Printing, testing, permits, pst | 15,600 $ | 4,000 $ | 0 $ | 19,600 $ | 0 $ | 0 $ | 20,400 $ | 20,400 $ | 0 $ | 0 $ | 0 $ | 0 $ | 15,600 $ | 4,000 $ | 20,400 $ | 40,000.00 $ |
| SUB-TOTAL | 517,090 $ | 482,910 $ | 120,400 $ | 1,120,400 $ | 688,211 $ | 17,090 $ | 2,379,600 $ | 3,084,901 $ | 705,301 $ | 0 $ | 0 $ | 705,301 $ | 1,910,602 $ | 500,000 $ | 2,500,000 $ | 4,910,602.00 $ |
| TOTAL | 1,000,000 $ | 120,400 $ | 1,120,400 $ | 705,301 $ | 2,379,600 $ | 3,084,901 $ | 705,301 $ | 0 $ | 705,301 $ | 2,410,602 $ | 2,500,000 $ | 4,910,602.00 $ | ||||
Sources: Provicial proposal submitted on March 17, 2006 and additions accepted by PCH on March 17, 2006.