Agreement to amend the Canada – Prince Edward Island Canada-Wide Early Learning and Child Care Agreement - 2021 to 2026 (amendment 1)
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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 Prince Edward Island (hereinafter referred to as "Prince Edward Island" or "Government of Prince Edward Island") as represented by the Minister of Education and Lifelong Learning (herein referred to as "the provincial Minister")
Referred to collectively as the "Parties."
Preamble
Whereas the Parties concluded the Canada-Prince Edward Island Canada-wide Early Learning and Child Care (ELCC) Agreement ("Agreement") on July 27, 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 Prince Edward Island, and subject to approval of Canada's Treasury Board, Prince Edward Island may retain and carry forward to the following fiscal year any unexpended funds remaining from Prince Edward Island's annual contribution up to a maximum of 54%.
Whereas Prince Edward Island 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, Prince Edward Island's carry forward allowance from 54% to 70% for fiscal year 2021 to 2022 into fiscal year 2022 to 2023.
Now therefore, the parties agree to amend the Agreement, as follows:
- section 4 is amended by replacing section 4.6.1 with the following:
"4.6.1 Starting in fiscal year 2021 to 2022, at the request of Prince Edward Island, and subject to approval of Canada's Treasury Board, Prince Edward Island may retain and carry forward to the following fiscal year any unexpended funds remaining from Prince Edward Island's annual contribution payable under section 4.2, up to a maximum of 70% in fiscal year 2021 to 2022 and 12% in fiscal year 2022 to 2023 and 10% of the contribution payable for each subsequent fiscal year remaining in the Term of the Agreement. In fiscal years 2023 to 2024, 2024 to 2025, and 2025 to 2026, any unexpended funds in excess of 10% of the contribution payable represents an overpayment subject to section 4.7" - section 12 is amended by replacing section 12.1 with the following:
"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" - the Agreement remains unchanged in all other aspects
- this Amending Agreement number 1 shall be read in conjunction with and attached as Annex 4 of the Canada-wide ELCC Agreement and shall take effect as if its provisions were an integral part of that Agreement
- this Amending Agreement number 1 shall take effect upon its signatures by both of the Parties
Signed on behalf of Canada by the Senior Assistant Deputy Minister of Strategic and Service Policy at Employment and Social Development Canada at Ottawa this 18th day of May, 2022.
[Signed by] Catherine Adam, Senior Assistant Deputy Minister of Strategic and Service Policy.
Signed on behalf of Prince Edward Island by the Deputy Minister, Department of Education and Lifelong Learning at Summerside this 19th day of May, 2022.
[Signed by] Bethany MacLeod, Deputy Minister, Department of Education and Lifelong Learning.
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