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 F

MEMORANDUM OF AGREEMENT REGARDING FUNDING OF THE PROGRAM FOR THE LOCAL ENVIRONMENT ADMINISTRATOR

SPECIMEN

TRANSLATION

MEMORANDUM OF AGREEMENT BETWEEN THE MINISTER OF THE ENVIRONMENT AND CREE NATION OF CHISASIBI REGARDING FUNDING OF THE PROGRAM FOR THE LOCAL ENVIRONMENT ADMINISTRATOR

AGREEMENT

BETWEEN :

THE MINISTER OF THE ENVIRONMENT, for and on behalf of the Gouvernement du Québec, hereby represented by Jocelyn Roy, directeur régional du Nord-du-Québec du ministère de l’Environnement ;

HEREINAFTER DESIGNATED BY THE WORD “Minister” ;

AND :

CREE NATION OF CHISASIBI, a corporation duly constituted and having its head office at Chisasibi in the judicial district of Abitibi and represented by .............. duly authorized for these purposes by the resolution No. : .............. of Cree Nation of Chisasibi Council of which a certified copy is herewith attached ;

HEREINAFTER DESIGNATED BY THE WORD “Cree Nation”.

WHEREAS Section 22 of the James Bay and Northern Quebec Agreement and Chapter II of the Environment Quality Act (R.S.Q. c. Q-2) provide for a special environmental and social protection regime for the James Bay Territory ;

WHEREAS the environmental and social protection regime for the James Bay Territory provides for the appointment of a Cree Local Administrator (hereinafter designated as “local environment administrator”) by each Cree Village Corporation and each Nation Council to exercice the powers and functions of the Deputy Minister of the Environment on Category I lands within the environmental and social impact assessment procedure ;

WHEREAS it is appropriate that the local environment administrator carries out other useful functions related to the environment and public hygiene matters ;

WHEREAS it is appropriate for Quebec to make a contribution to defray a portion of the salaries and expenses of the local environment administrator ;

Whereas the Treasury Board has, by decision number .............. of .............. authorized the payment of a grant for these purposes.

THEREFORE THE PARTIES AGREE TO THE FOLLOWING :

PURPOSE

(1) The purpose of this memorandum of agreement is to ensure that Cree Nation have the services of a competent local environment administrator by paying a maximum grant of 16 800 $ in order to defray a portion of the salaries and travel expenses of this local administrator.

CREE NATION OBLIGATIONS

(2) Cree Nation commits itself to assume, through the local environment administrator which it hires, the following tasks and responsabilities :

(1) the execution of the functions of the Administrator on Category I lands within the framework of the environmental and social impact assessment procedures ;

(2) act as a public hygiene officer on a regular basis ;

(3) ensure that the sampling of drinking water in the community is carried out in accordance with the methods prescribed by the Regulation respecting potable water (chapter Q-2, r.4.1) ;

(4) advise the local authorities on the proper management of systems for solid waste and wastewater disposal and drinking water supply in the communities and to participate in educational and information programs on the environment regime ;

(5) act as a spokesperson for his community with the various committees on the environment and the Regional Office of Nord-du-Québec of the Department of the Environment with respect to environmental problems of his community outside of Category I lands ;

(6) participate in meetings every three months to be organized by the Department of the Environment for the following purposes :

(a) to provide ongoing training programs in environment and public health for the local administrators ;

(b) the presentation and discussion of the reports contemplated at section 3 ;

(c) discussion of the environmental conditions in the community, their problems and possible solutions thereto ;

(7) act as an advisor to Cree Nation of Chisasibi Council of the Cree Village Corporation in the drawing up of by-laws and directives on Category I lands in matters of public health, zoning, land use planning, water supply, wildlife management and related matters.

(3) Furthermore, Cree Nation will :

(1) retain the services of a local environment administrator who will be an employee of Cree Nation and under its responsability ;

(2) provide within ninety (90) days after the expiry of this memorandum a specific financial statement on the local environment administrator’s activities. The financial statement must be submitted with the report of the corporation’s public accountant ;

(3) submit within thirty (30) days after the expiry of this memorandum an annual report on the local environment administrator’s activities ;

(4) upon provision of the final report referred to in paragraph 2, return any unused portion of the grant.

FINANCIAL PROVISIONS

(4) The salaries and travel expenses of the local environment administrator are eligible to be applied towards the grant defined in section 1 up to an amount 16 800 $.

(5) The Minister is committed to pay the grant defined in section 1 for the amount 16 800 $ in one payment following the authorization of the Treasury Board and within thirty (30) days of the signing of the agreement.

(6) The Minister may interrupt the payment or recover, in whole or in part, the funds already payed if he is of the opinion that the conditions stipulated in the agreement are not respected. He may also recover the part of the grant which, in his opinion, has not been utilised.

In all cases, Cree Nation must remit to the Minister the amount claimed within 60 days following the sending of a notice of recovery of funds.

TERMS

(7) The agreement takes effect on .............. and will end on .............. .

PARTY REPRESENTATIVES

(8) The Minister designates the director of the Direction régionale du Nord-du-Québec of the ministère de l’Environnement, as his official representative for the purposes of the agreement.

Cree Nation designates the Chief of the Cree Nation of Chisasibi as its official representative for the purposes of the agreement.

DOMICILE

(9) All notices, correspondance or procedures destined to one party can be transmitted to the party’s representative in person or can be sent, by registered mail to the following address :

The Minister :

Direction régionale du Nord-du-Québec

Ministère de l’Environnement

180, boulevard Rideau - Local 1.04

Rouyn-Noranda (Québec) J9X 1N9

Cree Nation :

Cree Nation of Chisasibi

Chisasibi (Québec) J0M 1E0

In case one of the parties requires a change of address, it must advise the other party at least ten (10) days beforehand.

PRECEDENCE OF FRENCH TEXT

(10) In the event of discrepancies between the french and english versions of the text of the agreement, the french version will take precedence.

TESTIFYING THAT THE PARTIES, AFTER HAVING READ AND ACCEPTED THE AGREEMENT, HAVE DULY SIGNED THE FRENCH AND ENGLISH VERSIONS :

IN ROUYN-NORANDA, this .............. day of ..............

FOR THE MINISTER

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

IN CHISASIBI, this .............. day of ..............

FOR CREE NATION

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

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