Agreement to amend the Canada – Nova Scotia Canada-Wide Early Learning and Child Care Agreement – 2021 to 2022 through 2025 to 2026 (amendment 2)

Amendment 2

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")
• the Government of Nova Scotia (hereinafter referred to as "Nova Scotia") as represented by the Minister of Education and Early Childhood Development (herein referred to as "the Nova Scotia Minister")

Referred to collectively as the "parties".

Preamble

Whereas the parties concluded the Canada-Nova Scotia Canada-wide Early Learning and Child Care (ELCC) Agreement ("agreement") on July 13, 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 Nova Scotia, and subject to approval of Canada's Treasury Board, Nova Scotia may retain and carry forward to the following fiscal year any unexpended funds remaining from Nova Scotia's annual contribution up to a maximum of 30%.

Whereas Nova Scotia 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, Nova Scotia's carry forward allowance from 30% to 63% 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:
2. "4.6.2 In fiscal year 2022 to 2023, at the request of Nova Scotia, and subject to the approval of Canada's Treasury Board by the federal Minister, Nova Scotia may retain and carry forward to the following fiscal year any unexpended funds remaining from Nova Scotia's annual funding payable under section 4.2, up to a maximum of 63% of the contribution payable. Any unexpended funds in excess of 63% 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:
3. "12.1 This agreement, including annexes 1, 2, 3 and 4 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 and attached as annex 4 of 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 Minister of Families, Children and Social Development at Ottawa this 3^rd day of October 2023.

Signed by the Honourable Jenna Sudds, Minister of Families, Children and Social Development.

Signed on behalf of Nova Scotia by the Minister of Education and Early Childhood Development at Halifax this 19^th day of October 2023.

Signed by the Honourable Becky Druhan, Minister of Education and Early Childhood Development.