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Secrétariat aux affaires autochtones

SPECIAL AGREEMENT

ESTABLISHING THE TERMS
OF PROGRAM PLANNING AND COOPERATION
IN THE ECONOMIC DEVELOPMENT AND
COMMUNITY INFRASTRUCTURE FIELD

BETWEEN

THE GOVERNMENT OF QUÉBEC
represented by the Minister for Aboriginal Affairs
hereinafter known as "Québec",

AND

MICMACS OF GESGAPEGIAG BAND COUNCIL
represented by the Grand Chief,
hereinafter known as "The Council",


CONSIDERING that the orientations of Québec with respect to Aboriginal affairs, outlined in the document entitled "Partnership, Development, Actions", seek to allow the Aboriginal nations and communities to take charge of their development and to achieve greater autonomy;

CONSIDERING that Québec has set up the Aboriginal Development Fund, the goal of which is to support the economic development initiatives of the Aboriginal people and the building of their community infrastructures;

CONSIDERING that economic development is a key element for the progress of the community of Gesgapegiag, for the welfare of its population and for the taking charge of its own future;

CONSIDERING that the parties want to pool their efforts to foster economic development and to support projects originating from the community;

CONSIDERING that the parties want to give priority to partnership between them when required;

CONSEQUENTLY, the parties agree to the following:

PURPOSE OF THE AGREEMENT

1. The purpose of this agreement is to establish the terms of program planning and cooperation as well as the general commitments of the parties in order to foster the economic development and the building of community infrastructures of the community of Gesgapegiag and job creation.
2. This agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982 and must in no way be interpreted as having the effect of a repeal, a waiver, a negation or a recognition of an ancestral right, a right resulting from a treaty or another right.
3. The preamble and the schedules form an integral part of this agreement.

DEFINITION

4. Québec will make available to the Council a budget of 1,6 M$ million over five years, namely an average annual sum of 320 000 $, intended to fund economic development and community infrastructure projects as well as economic development measures, (local investment fund, Aboriginal venture capital fund or local economic development assistance measure) according to the needs and priorities expressed by the Council.
5. The Council will present Québec with a list of priority projects and measures that can be funded within the identified budget. A detailed description of each project and measure will accompany this list. An annual program plan will be established jointly.
6. On the basis of the established program plan, the parties agree to sign a funding agreement for all of the projects and measures agreed to. This agreement contains representations and guarantees, individual commitments and commitments shared by the parties as well as general clauses.

By common consent of the parties, changes may be made to the program plan during the year.
7. The Council must devote to economic development projects and/or measures at least 20% of the total budget that it is allotted.

ELIGIBILITY OF PROJECTS AND MEASURES

8. In order for the program plan to be approved by Québec, the projects and measures in the plan must meet the terms and conditions set forth in the schedules.
9. Québec will make sure that the chosen programs and measures will be processed promptly, in accordance with the applicable laws and standards.
10. To this end, the Secrétariat aux affaires autochtones will ensure, when required, the interministerial coordination and cooperation necessary for the smooth unfolding of these projects.

DEVELOPMENT FUND

11. Québec will make sure that the Council has access to the Québec financial resources required to carry out the projects and measures stipulated in the program plan. The Aboriginal Development Fund is the preferred funding source, and will complement other government programs, where necessary. Québec requires that the Council ensure or have a third party ensure a financial participation that is at least equivalent to Québec's contribution for the carrying out of the work.
12. The projects and measures must be funded on a priority basis by way of existing programs of the federal government and those of Québec departments, from their own budgets. The Fund only finances those projects and measures where there is no program that can meet their specific needs and, where applicable, those projects and measures that require financial assistance in addition to that offered under current programs.

PARTNERSHIP AND COOPERATION

13. The parties will give prompt follow-up to the projects and measures listed in the annual program plan.
14. The parties recognize the need to cooperate and to pool their efforts to achieve the goal of this agreement.

LIAISON COMMITTEE

15. A liaison committee will be created to oversee the application of this agreement.
16. The liaison committee will be made up of two representatives of each of the parties.
17. The liaison committee will meet as often as necessary.
18. The liaison committee will have the power to make joint recommendations to the parties on any question pertaining to the implementation of this agreement.

GENERAL PROVISIONS

Duration of the agreement


19. This agreement will take effect on the date that it is signed by the two parties and shall remain in effect for a period of five years, subject to the provisions of this agreement.
20. The parties may agree on a timetable for the progressive implementation of the provisions of this agreement and, if necessary, on the putting in place of transitional mechanisms.

Amendment of the agreement

21. The parties may, upon common accord expressed in writing, amend this agreement or reach complementary agreements through an exchange of letters on the terms of application of this agreement not provided for therein.
22. In the event that any provision whatsoever of this agreement is declared null or invalid by a competent court, the parties agree to remedy, as soon as possible, this nullity or invalidity so that the objectives of this agreement are achieved.

Difficulties in the application of the agreement

23. The parties agree to submit to the liaison committee any disagreement or situation which they deem to be of such a nature as to prevent the application of one or all of the provisions of this agreement.
24. If the difficulty remains unresolved at the end of the thirty days following the date on which the difficulty was brought to the committee's attention, the party that submitted it, can send the other party a written notice of termination, as stipulated in section 25.

Termination of the agreement

25. In the event of a failure to respect the clauses of this agreement by either party, the agreement shall be terminated upon expiry of the sixty days following the date of transmission, by either party, of a written notice of termination, unless the parties agree to different provisions prior to the expiry of said time period.
26. In the event of termination, the liaison committee will recommend to the parties the transitional or final provisions that should be taken.

IN WITNESS WHEREOF, the parties have signed on the 17th day of April 2001:

FOR THE COUNCIL 
OF GESGAPEGIAG 
BAND COUNCIL

________________________ 
John Martin
Chief

FOR THE GOVERNMENT
OF QUÉBEC
 

_____________________ 
Guy Chevrette
Minister for Aboriginal Affairs

Signature gouvernementale
Secrétariat aux affaires autochtones
905, avenue Honoré-Mercier, 1er étage - Québec (Qc)  G1R 5M6 - 418 643-3166
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