1.1  Definitions

In addition to the terms defined in the preamble and elsewhere in this Agreement, a capitalized term has the meaning given to it in this section:

"Agreementmeans this framework agreement and all of its schedules;

"Alternative Financing and Procurement (AFP) project" means a project managed by Ontario Infrastructure Projects Corporation involving a transfer of risk to the private sector;

"Approved Projectmeans Public Infrastructure projects falling within the BCF Eligible Categories, and in the case of the Major Infrastructure Component, approved in accordance with subsection 3.3.5, and in the case of the Communities Component, approved in accordance with subsection 3.4.6;

"Base Fundingmeans the $25 million amount to be provided to Ontario over seven years for Public Infrastructure initiatives in accordance with the Base Funding Agreement;

"Base Funding Agreementmeans the funding agreement to be negotiated between Canada and Ontario in respect of Base Funding;

"Base Funding Eligible Initiativesmeans those Public Infrastructure initiatives falling within a category identified in subsection 2.2 of Schedule A;

"BCFmeans the Building Canada Fund, which includes the Major Infrastructure Component and the Communities Component;

"BCF Eligible Categoriesmeans those categories identified in Subsection 1.3 of Schedule A and, for the purposes of subsection 3.5 of the Agreement, the categories described in subsection 3.5.2 and 3.5.3;

"Building Canada Plan" means the Government of Canada's new $33-billion Building Canada plan established under Budget 2007;

"Communitymeans an entity with a population of less than 100,000 that has the legal status of a local government pursuant to provincial legislation in Ontario, including public sector bodies that are established by or under provincial statute or by regulation for unincorporated areas;

"Communities Componentmeans the infrastructure funding component under the BCF dedicated to funding projects located in Communities, described in subsection 3.4 of this Agreement;

"Communities Component Contribution Agreementmeans the contribution agreement for the Communities Component to be negotiated between Canada, and Ontario;

"Eligible Costsmeans project costs eligible for funding pursuant to Treasury Board approvals;

"Eligible Recipientsmeans, in the case of the Major Infrastructure Component, the Communities Component and the Base Funding, the recipients identified in subsections 1.1, 1.2 and 2.1, respectively, in Schedule A;

"Federal Ministermeans the Minister of Transport, Infrastructure and Communities, in his capacity as minister responsible for infrastructure;

"Fiscal Yearmeans the period beginning April 1 of a year and ending March 31 of the following year;

"IFCmeans the Infrastructure Framework Committee created pursuant to section 7 hereof;

"Local and Community Priority Categoriesmeans the project categories described in Subsection 1.3.2 of Schedule A hereto;

"Local Governmentmeans a single-tier, lower-tier or upper-tier municipality, established by or under Ontario provincial statute;

"Major Infrastructure Componentmeans the infrastructure funding component further described in subsection 3.3 of this Agreement;

"Ministersmeans the Federal Minister and the Provincial Minister and any successor ministers vested with jurisdiction over the matters contemplated herein;

"National Priority Categoriesmeans the project categories described in subsection 1.3.1 of Schedule A hereto;

"Ontario Infrastructure Plan" means a plan, as may be amended from time to time, that outlines the province's long-term vision and approach to managing Public Infrastructure, an overview of which is attached as Schedule B;

"Partymeans Canada or Ontario and "Parties" means both Canada and Ontario;

"Project Agreementsmeans contribution agreements, containing such terms and conditions that Canada may require, made between Canada and the applicable Eligible Recipient, and such other parties, as the case may be, in respect of projects to which Canada will contribute under the Major Infrastructure Component;

"Provincial Ministermeans the Minister of Energy and Infrastructure;

"Public Infrastructuremeans publicly or privately-owned fixed capital assets in Canada for public use or benefit;

"P3means a cooperative venture between the public and private sectors for the provision of Public Infrastructure.