Amendment to the Canada - New Brunswick Agreement

On the Expansion Projects of the School and Community Centres in Fredericton and Saint John 2005-06 to 2007-08

THIS AMENDMENT was concluded in English and French on this 4^th day of December 2006,

BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, hereinafter called "Canada", represented by the Minister of Canadian Heritage,

AND: HER MAJESTY THE QUEEN IN RIGHT OF NEW BRUNSWICK, hereinafter called "New Brunswick", represented by the Minister of the Office of Human Resources and Minister responsible for La Francophonie of New Brunswick.

THIS AMENDMENT WITNESSES THAT, in consideration of the mutual convenants herein, the parties agree to amend the Agreement dated the 28th day of March 2006, as follows:

1. Maximum Amount of the Contribution
   
   Subsection 4.4 of the Agreement is deleted and replaced by the following:
   
   
   4.4  For each fiscal year set out in subsection 4.2 of this agreement, and within the annual allocation limits it specifies, New Brunswick may, subject to the application of subsection 5.1 of this agreement, transfer a portion of funds from one project to another, provided that the distribution of amounts invested in each project provided for in subsection 4.3 is respected upon expiry of the activity period mentioned in subsection 23.2. Canada and New Brunswick agree to compensate these transfers before the termination of this agreement so as to restore the amounts of Canada’s contribution as planned for each project, in accordance with subsection 4.3 of this agreement. The moment at which such transfers will be carried out, at which the compensation will be executed as well as the terms which will be applicable to them, will be subject to a preliminary agreement between the parties.
   
   
2. Effective date
   
   This amendment shall take effect on the date the Canada - New Brunswick Agreement on the Expansion Projects of the School and Community Centres in Fredericton and Saint John - 2005-06 to 2007-08 was signed by all parties and shall terminate, barring its cancellation beforehand, one year (365 days) after the expiry of the period of activities mentioned in subsection 23.2 of the Agreement.
   
   
3. Precedence
   
   All other clauses contained in the Agreement remain unchanged, and in the event of any inconsistencies, the provisions of this amendment take precedence over those of the Agreement dated the 28^th day of March 2006.

IN WITNESS WHEREOF, the parties hereto have signed this Amendment on the date that appears on the first page.