Agreement to amend the 2021 to 2022 through 2025 to 2026 Canada-Newfoundland and Labrador Canada-wide Early Learning and Child Care Agreement (amendment 1)

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• Amendment 1
• Preamble

Amendment 1

Between:

• his Majesty the King in Right of Canada (hereinafter referred to as "Canada" or "Government of Canada") as represented by the Minister of Employment and Social Development Canada ("Canada") and as represented by the Minister of Families, Children and Social Development (herein referred to as "the Federal Minister")
• his Majesty in Right of Newfoundland and Labrador (hereinafter referred to as "Newfoundland and Labrador") as represented by the Minister of Education and Minister for Intergovernmental Affairs (herein referred to as "the Provincial Ministers")

Referred to collectively as the "parties".

Preamble

Whereas the parties concluded the Canada-Newfoundland and Labrador Canada-wide Early Learning and Child Care (ELCC) Agreement ("agreement") on July 28, 2021.

Whereas at the time of the signing of the agreement, the parties agreed that in fiscal year 2022 to 2023, at the request of Newfoundland and Labrador, and subject to the approval of Canada's Treasury Board, Newfoundland and Labrador may retain and carry forward to the following fiscal year any unexpended funds remaining from Newfoundland and Labrador's annual contribution up to a maximum of 30%.

Whereas Newfoundland and Labrador indicates that since signing the agreement, there have been challenges expending its 2022 to 2023 allocation due to diverse implementation challenges.

Whereas the parties agree to increase in fiscal year 2022 to 2023, Newfoundland and Labrador's carry forward allowance from 30% to 92% for 2022 to 2023 into 2023 to 2024.

Now therefore, the parties agree to amend the agreement, as follows:

1. section 4 is amended by replacing article 4.6.2 with the following:
   • "4.6.2 In fiscal year 2022 to 2023, at the request of Newfoundland and Labrador, and subject to approval of Canada's Treasury Board, Newfoundland and Labrador may retain and carry forward to the following fiscal year any unexpended funds remaining from Newfoundland and Labrador's annual contribution payable under section 4.2., up to a maximum of 92% of the contribution payable. Any unexpended funds in excess of 92% of the contribution payable represents an overpayment subject to section 4.7."
2. section 12 is amended by replacing article 12.1 with the following:
   • "12.1 This agreement, including annexes 1, 2 and amendment 1 comprise the entire agreement entered into by the parties with respect to the subject matter hereof."
3. the agreement remains unchanged in all other aspects
4. this amending agreement shall be read in conjunction with the agreement and shall take effect as if its provisions were an integral part of the agreement
5. this amending agreement shall take effect upon the date of the last signature by a party

Signed on behalf of Canada by the Associate Assistant Deputy Minister of Income Security and Social Development at Employment and Social Development Canada at Vancouver this 28th day of March, 2024.

Signed by Karen Hall, Associate Assistant Deputy Minister of Income Security and Social Development.

Signed on behalf of Newfoundland and Labrador by the Deputy Minister of Education at St. John's this 28th day of March, 2024.

Signed by Robyn Hayes for Tracy King, Deputy Minister of Education.

Signed on behalf of Newfoundland and Labrador by the Deputy Minister of Intergovernmental Affairs at St. John's this 28th day of March, 2024.

Signed by Patricia Hearn, Deputy Minister of Intergovernmental Affairs.