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Agreement to amend the Canada – British Columbia Canada-Wide Early Learning and Child Care Agreement – 2021 to 2026 (amendment 1)

Amendment 1

In this section

Amendment

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 British Columbia (hereinafter referred to as "British Columbia" or "Government of British Columbia") as represented by the Minister of Children and Family Development (herein referred to as "the Provincial Minister")

Referred to collectively as the "Parties".

Preamble

Whereas the Parties concluded the Canada-British Columbia Canada-wide Early Learning and Child Care (ELCC) Agreement ("Agreement") on July 8, 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 British Columbia, and subject to approval of Canada’s Treasury Board, British Columbia may retain and carry forward to the following fiscal year any unexpended funds remaining from British Columbia’s annual contribution up to a maximum of 75%.

Whereas British Columbia indicates that since signing the Agreement, there have been challenges expending its fiscal year 2021 to 2022 allocation due to diverse implementation challenges.

Whereas the Parties agree to increase in fiscal year 2021 to 2022, British Columbia’s carry forward allowance from 75% to 89% for fiscal year 2021 to 2022 into fiscal year 2022 to 2023, representing an additional $50.26 million.

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

  1. section 4 is amended by replacing section 4.6 with the following:

"4.6.1 For the fiscal year 2021 to 2022, at the request of British Columbia and subject to Employment and Social Development Canada receiving approval of Canada’s Treasury Board, British Columbia may retain and carry forward to the following fiscal year any unexpended funds remaining from British Columbia’s annual contribution payable under section 4.2, up to a maximum of 89% of the contribution payable. Any unexpended funds in excess of 89% of the contribution payable represents an overpayment subject to section 4.7.

4.6.2 For the fiscal year 2022 to 2023, at the request of British Columbia and subject to Employment and Social Development Canada receiving approval of Canada’s Treasury Board, British Columbia may retain and carry forward to the following fiscal year any unexpended funds remaining from British Columbia’s annual contribution payable under section 4.2, up to a maximum of 75% of the contribution payable. Any unexpended funds in excess of 75% of the contribution payable represents an overpayment subject to section 4.7.

4.6.3 Starting in fiscal year 2023 to 2024, at the request of British Columbia, and subject to Employment and Social Development Canada receiving approval of Canada’s Treasury Board, British Columbia may retain and carry forward to the following fiscal year any unexpended funds remaining from British Columbia’s annual contribution payable under section 4.2, up to a maximum of 10% of the contribution payable. Any unexpended funds in excess of 10% of the contribution payable represents an overpayment subject to section 4.7.

4.6.4 British Columbia may only use the amount carried forward to the following fiscal year for expenditures on eligible areas of investment made under section 2.2 incurred that fiscal year.

4.6.5 For greater certainty, any amount carried forward under section 4.6.1 through 4.6.3 is supplementary to the maximum amount payable to British Columbia under section 4.2 of this Agreement during the fiscal year in which the funding is carried forward.

4.6.6 All amounts carried forward to the next fiscal year, pursuant to section 4.6.1 through 4.6.3 must be spent by the end of that fiscal year. British Columbia is not entitled to retain any such carried forward amounts that remain unexpended after the end of that fiscal year, nor is it entitled to retain any balance of Canada’s contribution payable pursuant to section 4.2 that remains unexpended at the end of that fiscal year and is not carried forward in accordance with section 4.6.1 to 4.6.3. Such amounts are considered debts due to Canada and shall be repaid in accordance with section 4.7."

  1. section 12 is amended by replacing section 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."

  1. the Agreement remains unchanged in all other aspects
  2. 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
  3. this Amending agreement shall take effect upon its signatures by the Parties

Signed on behalf of Canada by the Senior Assistant Deputy Minister of Strategic and Service Policy Branch at Employment and Social Development in Ottawa this 9th day of March 2022.

[Signed by] Catherine Adam, Senior Assistant Deputy Minister of Strategic and Service Policy.

Signed on behalf of British Columbia by the Assistant Deputy Minister of Children and Family Development in Victoria on this 31st day of March 2022.

[Signed by] Kevena Hall, Assistant Deputy Minister of Children and Family Development.

Amendment 2

In this section

Amendment

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”), and
  • the Government of British Columbia (hereinafter referred to as “British Columbia” or “Government of British Columbia”) as represented by the Minister of Education and Child Care (herein referred to as “the Provincial Minister”)

Referred to collectively as the “Parties”.

Preamble

Whereas the Parties concluded the Canada-British Columbia Canada-wide Early Learning and Child Care (ELCC) Agreement (“Agreement”) on July 8, 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 British Columbia, and subject to approval of Canada’s Treasury Board, British Columbia may retain and carry forward to the following fiscal year any unexpended funds remaining from British Columbia’s annual contribution up to a maximum of 75%.

Whereas the Agreement was amended on March 9, 2022 by Canada and on March 31, 2022 by British Columbia to increase British Columbia’s carry forward allowance from 75% to 89% for fiscal year 2021 to 2022 into fiscal year 2022 to 2023.

Whereas British Columbia indicates that there have been challenges expending its fiscal year 2022 to 2023 allocation due to diverse implementation challenges.

Whereas the Parties agree to increase in fiscal year 2022 to 2023, British Columbia’s carry forward allowance from 75% to 89% for fiscal year 2022 to 2023 into fiscal year 2023 to 2024.

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

  1. section 4 is amended by replacing section 4.6.2 with the following:

“4.6.2 For the fiscal year 2022 to 2023, at the request of British Columbia and subject to Employment and Social Development Canada receiving approval of Canada’s Treasury Board, British Columbia may retain and carry forward to the following fiscal year any unexpended funds remaining from British Columbia’s annual contribution payable under section 4.2, up to a maximum of 89% of the contribution payable. Any unexpended funds in excess of 89% of the contribution payable represents an overpayment subject to section 4.7.”

  1. section 12 is amended by replacing article 12.1 with the following:

“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.”

  1. the Agreement remains unchanged in all other aspects
  2. 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
  3. this amending Agreement shall take effect upon its signatures by the Parties

Signed on behalf of Canada by the Senior Assistant Deputy Minister of Strategic and Service Policy at Employment and Social Development at Gatineau this 10th day of March, 2023.

[Signed by] Catherine Adam, Senior Assistant Deputy Minister of Strategic and Service Policy.

Signed on behalf of British Columbia by the Assistant Deputy Minister of Education and Child Care at Victoria, BC this 30th day of March, 2023.

[Signed by] Patricia Boyle, Assistant Deputy Minister of Education and Child Care.

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