M-35.1.2, r. 1 - Order in council respecting the publication of the Agreement concerning a new Relationship between le Gouvernement du Québec and the Crees of Québec

Schedule Disposition versions

2012-09-01

SCHEDULE A

TEXT OF COMPLEMENTARY AGREEMENTS NO. 13 AND NO. 14 TO THE JAMES BAY AND NORTHERN QUÉBEC AGREEMENT

COMPLEMENTARY AGREEMENT NO. 13

BETWEEN :

The CREE REGIONAL AUTHORITY, a public corporation duly constituted under Chapter 89 of the Statutes of Québec, 1978, now R.S.Q., c. A-6.1, herein acting and represented by Ted Moses, its chairman, duly authorized to execute this Agreement,

AND :

The SOCIÉTÉ D’ÉNERGIE DE LA BAIE JAMES, a corporation duly incorporated with its head office in Montréal, Québec, herein acting and represented by its president, Élie Saheb, duly authorized to execute this Agreement,

AND :

HYDRO-QUÉBEC, a corporation duly incorporated with its head office in Montréal, Québec, herein acting and represented by André Caillé, its president, duly authorized to execute this Agreement.

WHEREAS Hydro-Québec and the Société d’énergie de la Baie James entered into Complementary Agreement no. 9 to the James Bay and Northern Québec Agreement ;

WHEREAS Hydro-Québec and the Société d’énergie de la Baie James wish to confirm that Complementary Agreement No. 9 did not affect, restrict, reduce, cancel, or otherwise affect the rights, benefits and undertakings in favour of the James Bay Crees set out in the James Bay and Northern Québec Agreement, including its paragraph 8.10 and the other provisions of its Section 8 ;

WHEREAS the Cree Regional Authority, Hydro-Québec and the Société d’énergie de la Baie James have entered into an agreement concerning the Eastmain-1-A/Rupert Project ;

WHEREAS this Agreement contains provisions concerning paragraph 8.1.3 of the James Bay and Northern Québec Agreement.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS :

(1) Hydro-Québec and the Société d’énergie de la Baie James undertake and confirm that Complementary Agreement No. 9 to the James Bay and Northern Québec Agreement between themselves and Makivik Corporation and dated October 21st, 1988, did not apply to the James Bay Crees and did not restrict, reduce, cancel or otherwise affect the rights, benefits and undertakings in favour of the James Bay Crees as set out in the James Bay and Northern Québec Agreement, including its paragraph 8.10 and the other provisions of its Section 8.

This undertaking and confirmation does not constitute a recognition by Hydro-Québec and the Société d’énergie de la Baie James of the rights, benefits and undertakings set out in paragraph 8.10 or of their scope.

2. a) Hydro-Québec and the Société d’énergie de la Baie James, upon a special resolution of their respective board of directors, renounce to the benefit of the words “ in relation to the N.B.R. Complex dealing with the development of the Nottaway, Broadback and Rupert Rivers hereinafter referred to as the N.B.R. Complex and” in the introductory part of paragraph 8.1.3 of the James Bay and Northern Québec Agreement ;

(b) Hydro-Québec and the Société d’énergie de la Baie James renounce in the same manner to the benefits conferred on them by sub-paragraphs a, b, c and d of paragraph 8.1.3 of the James Bay and Northern Québec Agreement ;

(c) The Cree Regional Authority accepts these renunciations.

(3) Section 8 of the James Bay and Northern Québec Agreement is amended by adding section 2 hereof as a sub-paragraph 8.1.4.4 to the James Bay and Northern Québec Agreement.

(4) Sub-section 8.7 of Section 8 of the James Bay and Northern Québec Agreement as amended by Complementary Agreement No. 4 is repealed.

(5) However, the following agreements shall continue to be in force and shall govern the parties to such agreements :

(a) the “Agreement on a Water Supply System in Eastmain” dated December 21st, 1998 and January 7th, 1999, between Hydro-Québec, the Société d’énergie de la Baie James and the Eastmain Band ; and

(b) the “Agreement to Describe and Ratify the Groundwater Solution in Eastmain” dated August 2000, also between Hydro-Québec, the Société d’énergie de la Baie James and the Eastmain Band.

(6) Section 1 of this Complementary Agreement no. 13 is deemed to have been in effect since October 21st, 1988.

(7) Sections 2 and 3 of this Complementary Agreement shall come into effect at the time of the commencement of the construction of the Eastmain 1-A/Rupert as defined in the Agreement concerning a new relation between le Gouvernement du Québec and the Crees of Québec dated February 7th, 2002.

(8) This Complementary Agreement shall come into effect upon its signature by the parties.

IN WITNESS WHEREAO, THE PARTIES HAVE SIGNED AT WASKAGANISH ON THIS 7TH DAY OF FEBRUARY 2002

CREE REGIONAL AUTHORITY :

..............

TED MOSES,

Chairman

SOCIÉTÉ D’ÉNERGIE DE LA BAIE JAMES :

..............

ÉLIE SAHEB,

President

HYDRO-QUÉBEC :

..............

ANDRÉ CAILLÉ,

President

The Ministre délégué aux Affaires autochtones have signed this Agreement on the date and at the place hereinbelow indicated.

Signed at (Québec), this day of February 2002.

RÉMY TRUDEL

ENGLISH VERSION

RESOLUTIONS OF HYDRO-QUÉBEC AND OF LA SOCIÉTÉ D’ÉNERGIE DE LA BAIE JAMES

EASTMAIN 1-A/RUPERT

JAMES BAY AND NORTHERN QUEBEC AGREEMENT

AUTHORIZATION TO RENOUNCE TO CERTAIN BENEFITS

WHEREAS on November 11, 1975 Hydro-Québec and the Société d’énergie de la Baie James (SEBJ) entered into the James Bay and Northern Quebec Agreement with among other the Grand Council of the Crees ;

WHEREAS in consideration of the consent of the Crees to the carrying out of the Eastmain 1-A/Rupert Project, Hydro-Québec and the SEBJ wish to renounce

— to the benefit of the words “in relation to the N.B.R. Complex dealing with the development of the Nottaway, Broadback and Rupert Rivers hereinafter referred to as the N.B.R. Complex and“ in the introductory text of paragraph 8.1.3 of the aforementioned agreement, and

— to the benefits conferred on them by sub-paragraphs a, b, c and d of paragraph 8.1.3 of the aforementioned agreement,

this renounciation coming into force at the same time as the beginning of the construction of the Eastmain 1-A/Rupert Project.

IN CONSEQUENCE THEREOF, on a motion duly made and seconded, it is unanimously :

RESOLVED :

To authorize Hydro-Québec to renounce, in consideration of the consent of the Crees to the carrying out of the Eastmain 1-A/Rupert Project,

— to the benefit of the words “in relation to the N.B.R. Complex dealing with the development of the Nottaway, Broadback and Rupert Rivers hereinafter referred to as the N.B.R. Complex and” in the introductory text of paragraph 8.13 of the James Bay and Northern Quebec Agreement, and

— to the benefits which are conferred to it by sub-paragraphs a, b, c and d of paragraph 8.1.3 of the said agreement,

this renounciation coming into force at the same time as the beginning of the construction of the Eastmain 1-A/Rupert Project ;

To authorize the president and director-general of Hydro-Québec or the president of Hydro-Québec Production, or any person which each one of them may designate, or the executive vice-president Corporate Affairs and secretary-general of Hydro-Québec, to do all things useful or necessary to give effect to the present resolution and to sign in the name of Hydro-Québec any act or document required for this purpose.

EASTMAIN 1-A/RUPERT

JAMES BAY AND NORTHERN QUEBEC AGREEMENT

AUTHORIZATION TO RENOUNCE TO CERTAIN BENEFITS

WHEREAS on November 11, 1975 Hydro-Québec and the Société d’énergie de la Baie James (SEBJ) entered into the James Bay and Northern Quebec Agreement with among other the Grand Council of the Crees ;

WHEREAS in consideration of the consent of the Crees to the carrying out of the Eastmain 1-A/Rupert Project, Hydro-Québec and the SEBJ wish to renounce

— to the benefit of the words “in relation to the N.B.R. Complex dealing with the development of the Nottaway, Broadback and Rupert Rivers hereinafter referred to as the N.B.R. Complex and” in the introductory text of paragraph 8.1.3 of the aforementioned agreement, and

— to the benefits conferred on them by sub-paragraphs a, b, c and d of paragraph 8.1.3 of the aforementioned agreement,

this renunciation coming into force at the same time as the beginning of the construction of the Eastmain 1-A/Rupert Project.

IN CONSEQUENCE THEREOF, on a motion duly made and seconded, it is unanimously :

RESOLVED :

To authorize the Société d’énergie de la Baie James to renounce, in consideration of the consent of the Crees to the carrying out of the Eastmain 1-A/Rupert Project

— to the benefit of the words “in relation to the N.B.R. Complex dealing with the development of the Nottaway, Broadback and Rupert Rivers hereinafter referred to as the N.B.R. Complex and” in the introductory text of paragraph 8.13 of the James Bay and Northern Quebec Agreement, and

— to the benefits which are conferred to it by sub-paragraphs a, b, c and d of paragraph 8.1.3 of the said agreement,

this renunciation coming into force at the same time as the beginning of the construction of the Eastmain 1-A/Rupert Project ;

To authorize the president and director-general of the corporation or any person he may designate, or the secretary of the corporation to do all things useful or necessary to give effect to the present resolution and to sign in the name of the Société d’énergie de la Baie James any act or document required for this purpose.

COMPLEMENTARY AGREEMENT NO. 14

BETWEEN :

THE CREE REGIONAL AUTHORITY, a corporation duly constituted under Chapter A-6.1 of the Revised Statutes of Québec, 1977, herein acting and represented by Ted Moses, its Chairman, duly authorized to sign this Agreement,

AND :

LE GOUVERNEMENT DU QUÉBEC (hereinafter referred to as “Québec”), represented by Mr. Gilles Baril, Minister of State for Natural Resources and Regions, Minister of Natural Resources, Minister of Regions, Minister responsible for the Development of Northern Québec and by Mr. Rémy Trudel, Minister of State for Population and Native Affairs, Minister for Native Affairs,

WHEREAS Québec and the James Bay Crees have entered into an Agreement Concerning a New Relationship dated February 7th, 2002 ;

WHEREAS this said agreement provides for certain modifications to and certain implementation measures in relation to the James Bay and Northern Québec Agreement (hereinafter the “JBNQA”) ;

WHEREAS the parties have agreed to proceed with this Complementary Agreement to the JBNQA in order to complete their untertakings in this regard set out in the said Agreement ;

NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS :

(1) The JBNQA is modified by adding the following Section 30A :

“30A Forestry regime

30A.1 The Québec forestry regime will apply in the Territory defined in the Agreement Concerning a New Relationship dated February 7th, 2002 in a manner that allows :

(a) adaptations to better take into account and respect the Cree traditional way of life ;

(b) greater integration of concerns relating to sustainable development ;

(c) participation, in the form of consultation, by the James Bay Crees in the various forest activities planning and management processes.

Specific modalities related to these adaptations, this integration and this participation have been agreed to between Québec and the Cree Regional Authority in an Agreement concerning a new relationship. The calculation of the annual allowable cut will be determined on the basis of management units which will, in principle, be made up of groupings of Cree traplines.

30A.2 The adapted forestry regime will establish particular rules and procedures applicable in the territory, will respect the principles set out in this JBNQA and the Forest Act (chapter F-4.1) (including the recognition of the forest heritage and the sustainable management of the forest as set out in the preliminary provisions of the Forest Act) and it will give due consideration to the protection of the hunting, fishing and trapping rights of the Crees, the protection of Native people, societies, communities and economies, the protection of wildlife resources, of the physical and biotic environment, and of ecological systems.

30A.3 The following mechanisms will be instituted to ensure the participation, in the form of consultation, by the James Bay Crees in the various forest activities planning and management processes : the Cree-Québec Forestry Board and the joint working groups.

30A.4 The Cree Regional Authority and Québec shall each appoint five (5) members to the Cree-Québec Forestry Board. In addition, a Chairperson shall be appointed to this Cree-Québec Forestry Board by the Québec upon recommendation of the Ministre des Ressources naturelles after consultation with the Cree Regional Authority. Québec and the Cree Regional Authority may agree on the modalities under which such consultation is carried out.

30A.5 The Cree-Québec Forestry Board shall have the following main responsibilities :

(a) to monitor, analyse and assess the implementation of the adapted forestry regime for the territory ;

(b) to recommend to Québec and to the Cree Regional Authority, as the case may be, adjustments or modifications to the adapted forestry regime for the territory ;

(c) to bring to the attention of the Ministre des Ressources naturelles proposals, preoccupations and comments related to laws, regulations, policies, programs, management guides and practical field guides related to forestry, as well as guidelines, directives and instructions related to the preparation of all forest management plans ;

(d) to review the implementation mechanisms for the joint working groups regarding the elaboration, the consultations and the monitoring of all forest management plans applicable in the territory ;

(e) to be involved in the different planning processes of forest management activities in the territory and to participate in the different stages of the management of forest activities, in particular those connected to the review of the general forest management plans prior to their approval as well as in regard to proposed modifications to those plans. The Board will have 120 days from the receipt of the general plans and 90 days from the receipt of the modifications to make comments to the Ministre des Ressources naturelles prior to the approval of the plans or modifications thereto. The Ministre des Ressources naturelles may extend these timeframes if he deems it appropriate ;

(f) to study the annual forest management plans after their approval, which plans shall be sent to the Cree-Québec Forestry Board on demand in order that it may make known to the Ministre des Ressources naturelles, as the case may be, proposals, concerns and comments regarding these plans, and particularly in regard to systemic issues concerning these plans or the process of their elaboration or approval ;

(g) any other responsibilities in regard to forestry which may be assigned to it jointly by Québec and the Cree Regional Authority.

30A.6 The joint working groups composed of two members appointed by the concerned Cree community and two members appointed by the Ministre des Ressources naturelles will be established in each Cree community affected by forestry activities in the territory.

30A.7 The joint working groups have the following mandate :

(a) to integrate and implement the specific rules of the adapted forestry regime agreed to by Québec and the Cree Regional Authority ;

(b) when required, to elaborate harmonization measures flowing from the technical provisions of the adapted forestry regime ;

(c) to ensure that all the pertinent and available data related to forestry will be available to each party ;

(d) to review conflictual uses in order to find acceptable solutions ;

(e) to discuss any technical issues, including the acquisition of knowledge considered necessary by the joint working group ;

(f) to ensure the implementation of the processes relating to the preparation, consultation and monitoring of the forest management plans ;

(g) to adopt internal operating rules.”

(2) Schedule 2 to Section 22 of the JBNQA is modified by adding at the end of paragraph i the following :

“or when included in a general forest management plan approved by the Ministre des Ressources naturelles du Québec insofar as such plan has been submitted to the prior consultation of the Cree-Québec Forestry Board as set out in paragraph 30A.5 of Section 30A and when included in an annual forest management plan insofar as such plan has been submitted to prior consultation of the joint working groups as set out in paragraph 30A.7 of section 30A.”

(3) The provisions of paragraphs 28.2.1 to 28.2.6 and of paragraphs 28.3.1 to 28.3.4 of the JBNQA are repealed and replaced by the following :

“28.2 Cree Development Corporation

28.2.1 There shall be established by special legislation of the National Assembly a Cree Development Corporation (the “CDC”).

28.2.2 The CDC will be dedicated to the economic and community development of the James Bay Crees. The CDC will act as a modern development organization with the mandate of :

(a) supporting the long-term development of each Cree community ;

(b) developing an original Cree expertise in the field of economic development and the management of development funds ;

(c) promoting and accelerating job creation for the Crees on the James Bay Territory ;

(d) making the Crees active partners of Québec in the economic development of the James Bay Territory ;

(e) assisting, promoting and encouraging the creation, diversification or development of businesses, resources, properties and industries with a view to stimulating economic opportunities for James Bay Crees and contributing to their general economic well-being.

28.2.3 The CDC will facilitate the establishment of partnerships between the Crees and Québec as well as with public and private enterprises for the carrying out of development activities on the James Bay Territory.

28.2.4 The shareholder of the CDC shall be the Cree Regional Authority.

28.2.5 The CDC will be managed by a board of directors composed of eleven (11) members. Five (5) members will be appointed by the Cree Regional Authority. Five (5) members will be appointed by Québec. The Chairperson of the CDC shall be appointed among the Crees by the Cree Regional Authority after consultation with Québec on this matter in order to attempt to appoint a Chairperson who is mutually acceptable. The directors appointed by Québec shall have one (1) vote each on the board of directors and the directors appointed by the Cree Regional Authority, including the Chairperson, shall have two (2) votes each on the board of directors.

28.2.6 The number of directors to the CDC may be increased with the consent of the Cree Regional Authority and Québec insofar as the control of the CDC remains in the hands of its directors appointed by the Cree Regional Authority.”

(4) The Act respecting the James Bay Native Development Corporation (chapter S-9.1) will be repealed by the act creating the CDC. The James Bay Native Development Corporation will thus be dissolved by this legislation and its assets, including all shares and interests it holds in other corporations, will be transferred to the CDC. The CDC will be the legal successor to the James Bay Native Development Corporation. The ordinary and Class A shares of the James Bay Native Development Corporation will be cancelled without payment of any compensation and without need to pay any amount of any nature whatsoever to any one of its shareholders from its assets or otherwise.

(5) The provisions of Sub-section 28.17 of the JBNQA are repealed and replaced by the following :

“28.17 Other Provisions.

28.17.1 For the period from April 1st, 2002 to March 31st, 2052, the Crees shall assume the obligations of Québec, Hydro-Québec and la Société d’énergie de la Baie James to the Crees under the provisions of the James Bay and Northern Québec Agreement hereinafter set forth and concerning Economic development and Community development :

(a) Economic development :

— 28.5 and 24.3.24 : Cree Trappers’ Association (operation and programs) ;

— 28.6 : Cree Outfitting and Tourism Association (operation) ;

— 28.7 : Cree Native Arts and Crafts Association (operation and programs) ;

— 28.11.2 a) : an Economic Development Agent per community ;

— 28.12 : assistance to Cree Entrepreneurs.

(b) Community development :

— 8.8.2 : supply of electricity to isolated northern communities (by Hydro-Québec) in respect to Waskaganish and Whapmagoostui, subject to Hydro-Québec maintaining the current arrangements as to the supply of electricity to Whapmagoostui and subject to the connection by Hydro-Québec to the Hydro-Québec network of Waskaganish within five (5) years hereof and of Whapmagoostui as soon as possible as provided in a separate agreement between Hydro-Québec and the Cree Regional Authority ;

— 8.14.2 : encouragement by the Société d’énergie de la Baie James and Hydro-Québec of training programs for the Crees ;

— 8.14.3 : study by the Société d’énergie de la Baie James and Hydro-Québec of the implementation of a training program for the Crees ;

— 28.9.1, 28.9.2, 28.9.5 : training programs or facilities, offices, job recruitment and placement services ;

— 28.11.1 a) : community centre in each Cree community ;

— 28.11.1 b) : essential sanitation services in Cree communities ;

— 28.11.1 c) : fire protection including training, equipment and facilities ;

— 28.11.2 b) : community affairs services ;

— 28.14 : assistance for friendship centres outside communities ;

— 28.16 : construction of access roads for Eastmain, Wemindji and Waskaganish (but not the maintenance of these roads which will continue to be assumed by the governments).

28.17.2 For the period from April 1st, 2002 to March 31st, 2052, Québec shall pay to the Recipient of Funding designated by the Grand Council of the Crees (Eeyou Istchee), on behalf of the James Bay Crees, an annual amount so that the James Bay Crees may assume for that period the obligations of Québec, Hydro-Québec and la Société d’énergie de la Baie James to the Crees under the provisions of the James Bay and Northern Québec Agreement set forth in paragraph 28.17.1 and concerning Economic development and Community development.

28.17.3 This annual payment from Québec for the first three (3) Financial Years shall be as follows :

(a) for the 2002-2003 Financial Year : twenty-three million dollars ($23 million) ;

(b) for the 2003-2004 Financial Year : forty-six million dollars ($46 million) ;

(c) for the 2004-2005 Financial Year : seventy million dollars ($70 million).

28.17.4 For each subsequent Financial Year between April 1st, 2005 and March 31st, 2052, the annual payment from Québec shall be the higher of the two following amounts :

(a) Seventy million dollars ($70 million) ; or

(b) an amount corresponding to the indexed value of the amount of seventy million dollars ($70 million) as of the 2005-2006 Financial Year in accordance with a formula agreed to between Québec and the James Bay Crees under Chapter 7 of the Agreement Concerning a New Relationship between le Gouvernement du Québec and the Crees of Québec dated February 7th, 2002.

28.17.5 The provisions of this Sub-section do not affect nor are they intended to affect in any manner the obligations and commitments of Canada in this Agreement including those set out in Sections 8 and 28 hereof.

(6) This Complementary Agreement comes into effect on the date of its signature by the parties. Its provisions shall expire on March 31st, 2052, unless the parties agree otherwise.

IN WITNESS WHEREOF, THE PARTIES HAVE SIGNED AT WASKAGANISH ON THIS 7TH DAY OF FEBRUARY 2002

FOR LE GOUVERNEMENT DU QUÉBEC :

..............

GILLES BARIL,

Minister of State for Natural Resources and Regions

Minister of Natural Resources

Minister of Regions

Minister responsible for the Development of Northern Québec

..............

RÉMY TRUDEL,

Minister of State for Population and Native Affairs

Minister for Native Affairs

FOR THE CREE REGIONAL AUTHORITY:

..............

TED MOSES,

Chairman

..............

EDWARD GILPIN,

Chief of the Eastmain Band

..............

PAUL GUILL,

Chief of the Waswanipi Band

O.C. 507-2002, Sch. A.