Agreement to amend the Canada – Nova Scotia Canada-Wide Early Learning and Child Care Agreement - 2021 to 2026

Amendment 1

Between:

• her Majesty the Queen 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”), and
• 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 2021 to 2022, 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 52%.

Whereas Nova Scotia indicates that since signing the Agreement, there have been challenges expending its 2021 to 2022 allocation due to diverse implementation challenges.

Whereas the Parties agree to increase in fiscal year 2021 to 2022, Nova Scotia’s carry forward allowance from 52% to 74% for fiscal year 2021 to 2022 into fiscal year 2022 to 2023.

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

1. section 4 is amended by replacing article 4.6.1 with the following: “4.6.1 In fiscal year 2021 to 2022, 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 74% of the contribution payable. Any unexpended funds in excess of 74% 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 3 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 Minister of Families, Children and Social Development at Ottawa this 20th day of May, 2022.

[Signed by] The Honourable Karina Gould, 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 1st day of June, 2022.

[Signed by] The Honourable Becky Druhan, Minister of Education and Early Childhood Development.