Agreement to amend the Canada – Manitoba Early Learning and Child Care Agreement – 2020 to 2021 (amendment 1)

Amendment 1

Between:

• her Majesty the Queen in Right of Canada as represented by the Minister of Employment and Social Development styled as the Minister of Families, Children and Social Development (herein referred to as “Canada” or “Government of Canada”), and
• the Government of Manitoba as represented by the Minister of Families (hereinafter referred to as “Manitoba” or “Government of Manitoba”)

And each of Canada and Manitoba are “Party” and collectively are the “Parties”.

Preamble

Whereas the Parties concluded the Canada – Manitoba Early Learning and Child Care (ELCC) Agreement (“Agreement”) on December 14, 2017.

Whereas the Agreement was extended by 1 year on August 24, 2020.

Whereas, intentions to revive and amend the Agreement were stated in writing and negotiations had commenced prior to the expiry of the Agreement.

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

1. section 3 is amended by adding section 3.1.2 with the following: “3.1.2 This amended Agreement shall come into effect upon the last signature being affixed and will remain in effect for the date of signing of the amendment plus 1 day, unless terminated in writing by Canada or Manitoba in accordance with the terms hereof in section 11. Funding provided for fiscal year 2020 to 2021 shall remain the same, in accordance with financial provisions outlined in section 4, however, will cover the period from April 1, 2020 to the date of signing of the amendment plus 1 day”
2. section 3 is further modified by replacing section 3.2.1 with the following: “3.2.1 Canada commits that the annual allocation, provided under section 4.2, for the period of fiscal year 2021 to 2022 to fiscal year 2027 to 2028 will be no less than the annual allocation of this current agreement. Funding for future years will be provided upon the renewal of a bilateral agreement that will include a mutually agreed to new Manitoba Action Plan informed by the results achieved under the Action Plan set out in Annex 2”
3. section 4 is amended by replacing section 4.6.5 with the following: “4.6.5 At the request of Manitoba and subject to the approval of Canada’s Treasury Board, Manitoba may retain and carry forward to fiscal year 2020 to 2021, an amount of up to 20% of the contribution paid to Manitoba for fiscal year 2019 to 2020 under section 4.2.2 that is in excess of the amount of eligible costs actually incurred by Manitoba in that fiscal year, and may only use the amount carried forward to fiscal year 2020 to 2021 for expenditures on eligible areas of investment under section 2.2 incurred in that fiscal year”
4. for the purposes of the amended agreement, references to fiscal year continue to refer to a 12 month period beginning in April and ending in March
5. the Agreement remains unchanged in all other aspects
6. 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
7. this amending agreement shall take effect upon its signatures by the Parties

Signed on behalf of Canada by the Assistant Deputy Minister of Strategic and Service Policy Branch at Employment and Social Development at Ottawa this 30th day of November 2021.

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

Signed on behalf of Manitoba by the Deputy Minister of Families at Winnipeg, Manitoba on this 29th day of November 2021.

[Signed by] Kathryn Gerrard, Deputy Minister of Families.