PDF Version (Size: 123 KB)
Help on accessing alternative formats, such as PDF, PPT and ZIP files, can be obtained in the alternate format help section.
This Agreement made as of February 8, 2008
BETWEEN:
HER MAJESTY IN RIGHT OF CANADA, ("Canada") represented by the Minister of Transport, Infrastructure and Communities,
AND:
THE GOVERNMENT OF NUNAVUT ("Nunavut") represented by the Minister of Community and Government Services ("Territorial Minister")
Canada and Nunavut agree on the need for high-quality, modern public infrastructure that contributes to long-term economic growth, a clean environment and strong communities. The Parties further agree on the need for long-term planning to strategically address infrastructure needs in priority areas, including water, wastewater, green energy, regional and community airports, community and intercommunity access roads and regional marine facilities.
Infrastructure was identified as one of the joint priorities of federal, provincial and territorial governments as part of restoring fiscal balance. Five key principles emerged from Canada’s 2006 fiscal balance consultations with the Provinces and Territories:
In delivering on the commitment made in Advantage Canada in November 2006, the Government of Canada established the new $33 billion Building Canada plan under Budget 2007 that is guided by these principles. The Building Canada plan includes comprehensive and integrated suite of infrastructure initiatives, as follows:
Canada and Nunavut agree to establish a forum, the Infrastructure Framework Committee, to act as a focal point for an integrated discussion of infrastructure issues, priorities and long-term strategies in Nunavut. The Parties agree on the value of engaging local governments in the delivery of the Building Canada plan, and that community infrastructure will be one of the priorities for funding.
The Parties agree that the existing Canada-Nunavut infrastructure agreements will stand on their own, specifically with their respective authorities and terms and conditions, and are not affected by this Agreement.
In addition to the terms defined in the preamble and elsewhere in this Agreement, a capitalized term has the meaning given to it in this Section.
“Agreement” means this framework agreement and all of its schedules;
“Base Funding Agreement” means the funding agreement to be negotiated between Canada and Nunavut; in respect of Base Funding;
“Base Funding Eligible Initiatives” means those Public Infrastructure initiatives falling within a category identified in Subsection 1.2 of Schedule A;
“BCF” means the Building Canada Fund
“Building Canada plan” means the Government of Canada’s new $33 billion infrastructure plan established under Budget 2007;
“Eligible Costs” means initiative costs eligible for funding pursuant to Treasury Board Approvals;
“Eligible Recipients” means the recipients identified in subsections 1.1 in Schedule A;
“Federal Minister” means the Minister of Transport, Infrastructure and Communities, in his capacity as minister responsible for infrastructure;
“Fiscal Year” means the period beginning April 1 of a year and ending March 31 of the following year;
“Gas Tax Fund Agreement” means the agreement on the transfer of Federal Gas Tax revenues dated August 3, 2005 made between Canada and Nunavut;
“IFC” means the Infrastructure Framework Committee created pursuant to Section 7 hereof;
“Local and Community Priority Categories” means the initiative categories described in Subsection 1.2.2 of Schedule A hereto;
“Ministers” means the Federal Minister and the Territorial Minister;
“National Priority Categories” means the initiative categories described in Subsection 1.2.1 of Schedule A hereto;
“Nunavut Infrastructure Plan” means a plan that outlines the territory’s long-term vision and approach to managing Public Infrastructure, prepared in accordance with Schedule B;
“Party” means Canada or Nunavut and “Parties” means both Canada and Nunavut;
“Public Infrastructure” means publicly or privately-owned fixed capital assets in Canada for public use or benefit;
“P3” means a cooperative venture between the public and private sectors for the provision of Public Infrastructure;
“Territorial Minister” means the Minister of Community and Government Services;
“Treasury Board Approval” means approval from Canada’s Treasury Board for the creation of the BCF and the Base Funding program upon terms satisfactory to the Federal Minister.
This Agreement will be effective as of the date it is signed by both Parties and shall terminate on March 31, 2015.
This Agreement is conditional upon approval from Canada’s Treasury Board for the creation of the Base Funding program, on or before December 31, 2008, failing which this Agreement will be null and void. Evidence that Treasury Board’s approval has either been given, or not, shall be provided by way of letter from the Federal Minister to the Territorial Minister, which the Territorial Minister agrees will be sufficient evidence of the satisfaction of this condition.
The following schedules are attached to, and form part of, this Agreement:
The purpose of this Agreement is to provide a comprehensive and flexible approach to coordinate the implementation of the Building Canada plan in Nunavut. The Agreement will ensure that Canada and Nunavut take a collaborative approach to long-term infrastructure planning. Under this Agreement, Canada and Nunavut will promote accountability by providing Canadians with regular public reporting on the implementation and outcomes of the Building Canada plan in Nunavut.
The Parties also wish to:
Canada will deliver its funding pursuant to the Base Funding Agreement and the Gas Tax Fund Agreement.
Subject to the terms of this Agreement, to the agreements noted above in subsection 2.2.2, and to Parliament making the necessary appropriations, funding available for Public Infrastructure in Nunavut, under the BCF, the Base Funding Agreement, and the extension of the Gas Tax Fund Agreement will be as follows:
| Program | Funding Amount |
| Building Canada Fund | $7.68 million (to be combined with Base Funding as per section 3 of this Agreement) |
| Base Funding | $175.00 million |
| Gas Tax Fund | $60.00 million |
| TOTAL | $242.68 million |
In order to provide for greater streamlining, flexibility and simplified administration and in recognition of the unique infrastructure challenges in Nunavut, Nunavut’s Building Canada Fund allocation of $7.68 million will be added to the Base Funding Initiative in Nunavut, and managed in accordance with the terms and conditions of this latter initiative.
Recognizing that an investment approach that is flexible and responsive will assist in addressing the diverse public infrastructure needs across Canada, the Base Funding will complement other initiatives under the Building Canada plan by providing annual support over the next seven years for public infrastructure initiatives in Nunavut.
The annual amount Canada will make available for Public Infrastructure initiatives in Nunavut under the Base Funding initiative will be set out in a subsequent funding agreement but at minimum $25 million per year will be provided, from 2007- 08 through to 2013-14. Total amount available under the Base Funding Initiative will be $182.68 million, which also includes $7.68 million from the BCF, subject to Parliament appropriating funding.
Canada’s funding pursuant to the Base Funding initiative will be paid to Nunavut for use by Eligible Recipients and be applied to the construction, renewal or material enhancement or safety-related rehabilitation of Base Funding Eligible Initiatives as described in section 1.2 of Schedule A. Nunavut agrees that funded initiatives will be consistent with the Nunavut Infrastructure Plan.
The maximum federal share of the total Eligible Costs of all Base Funding Eligible Initiatives in any Fiscal Year under the Base Funding will be seventy-five percent (75%). Where Nunavut seeks to fund an initiative jointly from the Base Funding initiative and another federal program(s), the cost-sharing provisions and limitations of the other federal program(s) will also apply.
Canada’s contribution under Base Funding will be made pursuant to a Canada-Nunavut Base Funding Agreement to be negotiated between the Parties following federal Treasury Board approval.
The promotion of research, planning, capacity building, and the development and sharing of best practices will play an important role in supporting improved information on the state of public infrastructure in Canada, including the impacts and benefits, the sustainable life cycle management of public infrastructure assets and underpin the development of effective strategies to address our public infrastructure needs.
Canada will make available up to $1.827 million, representing one percent (1%) of the federal funding set out in subsection 4.2, to Eligible Recipients to share up to seventy-five percent (75%) of Eligible Costs for research, knowledge, planning, capacity-building, feasibility and other studies.
The Parties intend to amend their existing Gas Tax Fund Agreement to reflect the additional funding for this program identified in Budget 2007 set out above in subsections 2.2.3. Following Canada’s program evaluation of the Gas Tax Fund, to be completed by 2009, the Parties will consider further amendments to the Gas Tax Fund Agreement to address the results of the evaluation.
The Parties agree on the importance of long-term planning to better address public infrastructure priorities. Planning plays a vital role in the sound and effective management of our public infrastructure, given the long-term nature of infrastructure investments, the challenges of managing assets throughout their lifecycle and constructing new infrastructure in response to continued growth. Long-term plans can serve as a critical tool to identify priorities as well as develop integrated strategies that address competing pressures in a predictable and manageable way.
Given its expertise and knowledge of its infrastructure needs, Nunavut agrees to develop a Nunavut Infrastructure Plan in accordance with the guideline in Schedule B and to provide this plan and any updates, to Canada, in a manner satisfactory to the Federal Minister, within one year of the date of this Agreement. This plan will help the Parties better understand and situate infrastructure priorities in Nunavut. The Nunavut Infrastructure Plan can be reviewed as needed by the IFC.
The Parties hereby establish the IFC to facilitate improved cooperation and coordination between the Parties regarding Public Infrastructure initiatives in Nunavut.
Each Party will, within 60 days of the date of this Agreement, appoint one person to be a co-chair of the IFC. In addition to the said co-chairs (the “Co-chairs”), the Parties may each appoint up to one additional member to the IFC. The Co-chairs will be the only voting members of the IFC. Quorum for a meeting of the IFC shall exist only when both Co-chairs are present. The Co-chairs may jointly agree to invite representatives of other federal, territorial or municipal entities to participate in meetings of the IFC as observers. If a Co-chair is absent, he or she may designate an individual, in writing, to substitute for him or her.
The IFC will act as the forum where the Parties can bring forward their infrastructure priorities and issues generally, reflecting the integrated views of their respective governments, and as they relate to Base Funding. The IFC will assist in ensuring that there is collaborative and meaningful discussion between Canada and Nunavut. The IFC will provide a forum to discuss and respond to issues related to federal infrastructure programming in Nunavut. As such, the mandate of the Committee will include, but not be limited to:
Decisions of the Committee must be unanimous and recorded in writing.
The IFC will:
The IFC will exist until its activities, including any final reports, have been completed.
The Parties agree that proper and accurate accounts and records related to this Agreement will be maintained for a period of six (6) years following the termination of this Agreement, and that they are available to the Parties for inspection at all reasonable times.
The Parties agree to jointly support the IFC in the administration of this Agreement, including the timely production and sharing of information about initiatives, proposals, applications, recipients, financial matters and other information.
The Parties agree to develop and implement a framework for reporting to the public on the outcomes and results achieved from infrastructure investments in Nunavut across the range of federal infrastructure programs. The reporting framework will be developed within 12 months of the signing of this Agreement. The Parties agree that any funding agreement signed by the Parties pursuant to the Building Canada plan will include provisions to ensure that outcomes and results of all investments under the Building Canada plan form part of the above reporting framework.
The Parties agree to implement the Communications Protocol set out in Schedule C hereto.
The Parties agree to keep each other informed of any disagreement or contentious issue, by notifying the IFC, which will attempt to resolve it.
Any disagreement or contentious issue that cannot be resolved will be submitted to the Ministers for resolution.
Each Party declares to the other that the signing and execution of this Agreement was duly and validly authorized, and that each has incurred a legal and valid obligation in accordance with the terms and conditions of the Agreement.
This Agreement may be signed in counterpart, and the signed copies will constitute an original agreement.
This Agreement may only be amended on written agreement of the Ministers.
All correspondence and notices to Canada will be addressed to:
Assistant Deputy Minister
Policy and Communications
Infrastructure Canada
606- 90 Sparks Street
Ottawa ON K1P 5B4
All correspondence and notices to Nunavut will be addressed to:
Assistant Deputy Minister
Community and Government Services
Government of Nunavut
Box 490
Rankin Inlet NU XOC OGO
Canada and Nunavut may send any written notice by any pre-paid method, including regular or registered mail, courier or facsimile. Notice will be considered as received upon delivery by the courier, or one day after being sent by facsimile or five (5) calendar days after being mailed.
HER MAJESTY IN RIGHT OF CANADA
Original signed by:
Minister of Transport, Infrastructure and Communities
Date:
GOVERNMENT OF NUNAVUT
Original signed by:
Minister of Community and Government Services
Date:
The following are eligible recipients under the Base Funding initiative:
The following are eligible categories of investment for Public Infrastructure initiatives under the Base Funding initiative:
In recognition of the importance of a long-term planning approach to address public infrastructure needs in Canada, Nunavut will develop a long-term 10 to 15-year Nunavut Infrastructure Plan.
The Nunavut Infrastructure Plan should include:
1. Overall objectives of Nunavut for managing current infrastructure assets and new public infrastructure to meet its future demands that fall within the scope of eligible categories for the Base Funding initiative.
2. For each of the areas of transportation, water and wastewater and green energy infrastructure, the Plan will include:
3. In undertaking the above, the Nunavut Infrastructure Plan should take into consideration a number of factors including, but not limited to:
4. Reviews and Amendments
1.1 The communications provisions of this Agreement apply to the Base Funding Agreement. These provisions are designed to be consistent with the communication protocol in the existing Gas Tax Fund agreement. However, where such provisions are deemed to be in conflict, the communications provisions of this Agreement shall supersede any applicable requirements set out in the existing Gas Tax Fund agreement.
1.2 References in this Agreement to “Building Canada” include federal infrastructure funding under the Base Funding Agreement. “Building Canada” and the “Building Canada plan” are synonymous. The Building Canada Fund, however, is a distinct funding program and forms part of the Building Canada plan (Building Canada).
2.1 Canada and Nunavut agree to undertake joint communications activities and collaborate on products to ensure open, transparent, proactive and effective communications with Canadians. This transparency and accountability will be achieved through appropriate and consistent public communications activities that recognise the contributions of all participating parties under this Agreement and the Base Funding Agreement.
2.2 The Parties can carry out their own communications activities relating to their infrastructure programs and investments that are part of this Agreement. However, such communications will nonetheless recognize and emphasize the partnership nature of the funds and the contributions of all Parties.
2.3 The Parties agree that all communications products produced pursuant to this Agreement shall comply with the Federal Identity Program (FIP) and relevant territorial requirements. Branding standards and graphic guidelines will be developed by Canada to guide development of communications products and activities under the Building Canada plan.
2.4 The mechanisms for such communications and public information activities and products shall be determined by the Infrastructure Framework Committee (IFC) which may establish a communications sub-committee to provide it with advice and support on such matters. This sub-committee shall be comprised of at least one federal representative and one territorial representative.
2.5 All communications through electronic media such as web sites or management information systems should follow the same guiding principles as those established for “traditional” means of communications.
2.6 All public information material pursuant to this Agreement shall be in both official languages (English and French) and indicate, where practicable, that an initiative is being implemented under the Building Canada plan. All such material shall fairly reflect the contribution of the Parties. This includes ensuring equal recognition and prominence where words, logos, symbols and other types of identification are incorporated into materials.
In this schedule, “initiative” refers to infrastructure supported through the Base Funding Agreement. All written communications concerning initiatives shall be prepared in a manner that supports the communications objectives and branding of Building Canada.
All public information material related to calls for tendering for initiatives shall clearly and prominently indicate that the initiative is funded under Building Canada.
The Parties shall issue a joint news release when this Agreement and subsequent agreements are signed. The Parties agree to hold, where appropriate, an official ceremony on these occasions.
The Parties may develop information kits, brochures, public reports, and web site material to inform the public about the Base Funding Agreement, and initiatives supported under this fund. Such material shall be prepared in a manner consistent with the Building Canada brand guidelines and any relevant messages developed by the Parties.
The Parties shall issue joint news releases after funding decisions are made, or upon initiative milestones. In all such news releases, the Parties shall receive equal prominence. The Parties shall mutually agree on the use of quotes from the designated representatives of Canada and Nunavut in the news releases.
Recognizing that advertising can be an effective means of communicating with the public, either Party may, at its own cost, organise an advertising or public information campaign related to the Building Canada plan. 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 as soon as possible, as early notice is essential for any required review process. In any event, notice must be provided a minimum of 20 working days before launch.
Unless otherwise agreed by the IFC, the Parties will each bear their own direct costs, e.g., staff time, transportation, per diems, etc. associated with the application of this Agreement.
6.1 The IFC will monitor the Parties’ compliance with this Schedule, and may, at its discretion, advise the Parties of issues and required adjustments. Should there be any disagreement or contentious issues, Section 9 of this Agreement will be followed.
6.2 To facilitate performance monitoring and measurement, and to ensure Building Canada communications are consistent and effective, the IFC will report to Ministers annually on communications activities and results under this Agreement.
6.3 Canada will gather and review the reports (6.2) and provide the Parties with a summary report.