Schedule 1:
Administrative Terms and Conditions

1. TERMS OF PAYMENT

1.1. Canada's contribution to New Brunswick's action plan (Schedule 2) referred to in section 4 of this agreement shall be made as follows:

1.1.1. A first advance payment, representing one half (50%) of Canada's contribution for 2005-06, shall be made following the acceptance by Canada of New Brunswick's action plan (Schedule 2) and the signing of this agreement.

1.1.2 A second advance payment, representing one quarter (25%) of Canada's contribution for 2005-06, shall be made following receipt and acceptance by Canada, in accordance with section 2 of this schedule, of a certified interim financial statement for 2005-06.

1.1.3 A third and final advance payment, not exceeding the balance of Canada's contribution for 2005-06, shall be made following receipt and acceptance by Canada of the following documents, in accordance with section 2 of this schedule:

a) an annual report on outcomes achieved in 2005-06; and

b) a certified final financial statement for 2005-06.

1.2 The amounts to be paid by Canada to New Brunswick in accordance with this agreement shall be made within approximately thirty (30) business days once Canada accepts the documents referred to in section 1 of this schedule. This acceptance is conditional on the information contained in said documents conforming to the terms and conditions of this agreement and on New Brunswick acting on any issues raised by Canada, should the occasion arise.


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2. FINANCIAL STATEMENTS, REPORT ON OUTCOMES

2.1 In accordance with section 1 of this schedule, New Brunswick shall provide a certified interim and final financial statement and an annual report on outcomes under its action plan (Schedule 2) for the year covered by this agreement.

2.2 The financial statements shall be certified by a senior program officer and a certified financial officer, both of whom shall be duly authorized by New Brunswick and approved by Canada.

2.3 Canada and New Brunswick agree that the financial statements provided to Canada by New Brunswick shall indicate a breakdown of expenditures by measure according to its action plan (Schedule 2).

2.4 By March 31, 2006, New Brunswick shall provide a certified interim financial statement of its expenditures related to Canada's financial contribution. The certified interim financial statement shall provide details of the actual expenditures incurred before January 31, 2006 and expenditures projected up to March 31, 2006.

2.5 Within six (6) months following the end of this agreement, New Brunswick shall provide a certified final financial statement of its actual expenditures and Canada's and New Brunswick's contributions for 2005-06.

2.6 Within six (6) months following the end of this agreement, New Brunswick shall provide an annual report on outcomes related to the province's complementary projects, based on the indicators prescribed in the provincial action plan (Schedule 2) for public information purposes. The annual report on outcomes shall be accompanied by a cover letter that shall provide an overall interpretation of the outcomes achieved by New Brunswick and examples of New Brunswick's most significant accomplishments.

2.7 New Brunswick shall submit the financial statements and report described in sections 1 and 2 of this schedule in the manner considered by the province to be most appropriate to its specific circumstance. Following presentation of such information, if there is a need, in the opinion of Canada, to clarify the information provided, Canada and New Brunswick shall hold discussions to do so and to examine their relevance in light of the needs of Canada.

2.8 The certified final financial statement and annual report on outcomes may follow the model proposed by Canada in Schedule 4.

2.9 For purposes of this agreement, Canada agrees that the period during which expenses can be charged against contributions for 2005-06 may be extended to June 30, 2006 in order to take the school year into consideration. Where necessary, New Brunswick undertakes to ensure that the items it reported in the financial statements submitted to Canada for expenditures incurred between April 1 and June 30 are not reported during the following fiscal year.

2.10 New Brunswick agrees to keep proper and up-to-date accounts and records of receipts and expenditures related to the content of this agreement, including all related invoices, receipts and useful supporting documents. New Brunswick shall provide financial statements and other documents provided for in this agreement and as required from time to time by Canada and it shall manage its financial affairs in accordance with generally accepted accounting principles and practices. For the purposes of this agreement, New Brunswick shall retain all financial accounts, supporting documents and other useful documents for a period of at least five years following the expiration of this agreement.

3. TRANSFERS

3.1. Subject to the provisions of subsection 6.1 of this agreement, New Brunswick may transfer a portion of the complementary contribution from one measure to another, insofar as these transfers do not jeopardize the ability to achieve the expected outcomes described in its action plan (Schedule 2). These transfers are subject to prior agreement of the Director, Operations and Regional Coordination, Official Languages Support Programs Branch, Department of Canadian Heritage. New Brunswick shall present such a request in writing before February 15 of the current year.


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4. OVERPAYMENT

4.1 The parties agree that, if the payments made to New Brunswick exceed the amounts to which New Brunswick is entitled, the overpayment shall be returned to Canada, failing which Canada may reduce its future contributions to New Brunswick by an equivalent amount.

5. FINANCIAL AUDIT

5.1 The parties agree that Canada reserves the right to audit or to have an audit conducted of the accounts and records of New Brunswick in connection with the provisions of this agreement to ensure compliance with these provisions, and New Brunswick agrees to make all records, documents and information relevant to this agreement available to auditors who may need them. The scope and extent of financial audits and the timing chosen to conduct them shall be determined by Canada and, if needed, these audits may be conducted by Department of Canadian Heritage officials or its agents.

5.2 Canada agrees to inform New Brunswick of the results of any financial audit and to pay New Brunswick, as soon as possible after completion of the audit, any monies that the audit may show to be then due and owing to New Brunswick. New Brunswick agrees to pay to Canada, on being informed of the results of such financial audit, any monies that the audit may show to be due and owing to Canada.

6. PUBLIC REPORTING

6.1 Canada and New Brunswick agree that principles of transparency, accountability, consistency, accuracy, timeliness and clarity shall guide public reporting related to this agreement. The provision of such information by the parties shall be compatible with their respective policies and legislation on the protection of privacy and freedom of information.

6.2 Canada and New Brunswick agree to make the text of this agreement and its schedules available to the Canadian public, in particular on their respective Web sites, within a reasonable timeframe following the signature of this agreement.

6.3 Canada and New Brunswick agree to make the reports available to the Canadian public in a reasonable timeframe after the documents are accepted by Canada.

6.4 New Brunswick agrees to give recognition to Canada's contributions when conducting publicity for the measures for which financial assistance was provided by Canada. For the purpose of this agreement, publicity includes, without being limited to, news releases, reports by provincial departments or agencies, and correspondence with educational institutions. New Brunswick agrees to provide Canada with samples of these various types of publicity.

6.5 New Brunswick agrees to take all reasonable measures to ensure that any other recipient of a financial contribution from Canada (for example, schools, school boards and post-secondary institutions) mention Canada's contributions wherever appropriate in any publicity relating to the programs for which Canada has made a financial contribution.

6.6 Canada and New Brunswick agree that communications and publications for the general public regarding this agreement shall be issued in both official languages.

7. CONSULTATION

7.1 New Brunswick has assured Canada that the interested associations and groups of the province, including representatives of school boards and post-secondary institutions, were consulted while developing its action plan (Schedule 2).

7.2 New Brunswick agrees to consult, as deemed necessary, interested associations and groups, in particular representatives of school boards and post-secondary institutions, about its measures implemented under this agreement. When possible, these consultations shall be held annually and may be conducted jointly by Canada and New Brunswick.

7.3 Canada intends to consult interested associations and groups regarding the measures implemented under this agreement for which Canada makes a financial contribution to New Brunswick. When possible, these consultations may be jointly with New Brunswick.

8. EVALUATION

8.1 New Brunswick is responsible for the evaluation of its educational programs and measures under its jurisdiction, including its action plan (Schedule 2). New Brunswick agrees to share with Canada the results of those evaluations.

8.2 Canada's programs, including the Development of Official-Language Communities Program, Minority Language Education Component, and the Enhancement of Official Languages Program, Second-Language Learning Component, are routinely subject to evaluation. Canada shall encourage input from New Brunswick in such evaluations and shall use the information provided under this agreement. If additional information is required, such information shall be discussed between Canada and New Brunswick.

[Canada - New Brunswick Agreement on Complementary Projects 2005-06]