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Secrétariat aux affaires autochtones

FRAMEWORK AGREEMENT

BETWEEN

THE GOVERNMENT OF QUÉBEC,
AS REPRESENTED BY THE MINISTER RESPONSIBLE
FOR ABORIGINAL AFFAIRS, MR. GUY CHEVRETTE
HEREAFTER REFERRED TO AS "QUÉBEC"

AND

THE LISTUGUJ MI'GMAQ FIRST NATION COUNCIL,
AS REPRESENTED BY CHIEF ALLISON METALLIC,
HEREAFTER REFERRED TO AS "LISTUGUJ"


WHEREAS Listuguj and Quebec seek to build a long term and constructive relationship based on mutual trust and respect.

WHEREAS this Framework Agreement and specific agreements to be negotiated in various sectors are a concrete means by which Listuguj and Quebec can build this relationship.

NOW THEREFORE, IT IS AGREED THAT:

Purpose

1. The purpose of this Agreement is to establish a general framework that will lead to the conclusion of specific agreements in various sectors of common interest. Parties are determined to work toward the attainment of common objectives and to resolve any dispute there may be through discussion.

Orientation and principles

2. The parties are proud of and acknowledge the respective distinctiveness and unique quality of their cultures, languages, laws, customs and traditions, as well as their national identities, and history.

Exercise of powers

3. Both parties recognize the need to reconcile the exercise of their respective powers and toward this end will negotiate specific agreements on various subject matters where there exists a shared interest.

Coordination and implementation

4. The Chief of Listuguj and the Quebec Minister responsible for Aboriginal Affairs are responsible for the implementation of this Agreement.

5. The Quebec Minister for Aboriginal Affairs is responsible for co-ordinating the presence at the negotiating tables of duly mandated representatives of various ministries during the negotiation and implementation of the specific agreements.

Negotiation of specific agreements

6. Specific agreements will be negotiated in the following sectors:

a) Taxation of consumer goods and services, including tobacco, petroleum and alcohol products.

b) Forestry - Facilitate access to forestry resources and sustainable economic development opportunities. Every effort will be made so that at least the main principles will be agreed upon within a six (6) to twelve (12) month period, following the signing of this Agreement.

c) Wildlife - Pursue economic development opportunities in the wildlife sector, such as a salmon outfitting on a section of the Ristigouche River.

d) Tourism, including cultural and adventure tourism.

e) Transport issues.

f) Health and Social Services.

Every effort will be made to conclude these agreements no later than two (2) years after the signing of this Framework Agreement.

7. Before proceeding with the negotiation of a specific agreement in forestry and wildlife, other than those mentioned in 6 b) and c), parties will examine the possibility of determining a territory where the Micmacs of Listuguj could participate in the integrated management and sustainable development of wildlife and forest resources.

8. A specific agreement may be concluded and implemented whether or not others have been finalised.

9. The list of other sectors to be covered by negotiations for specific agreements along with the timeframe for these negotiations shall be determined by the Chief of Listuguj and the Quebec Minister responsible for Aboriginal Affairs on the recommendation of the negotiators.

10. Each specific agreement shall specify:
- the nature and scope of the agreement
- the duration of the agreement
- the implementation plan
- information sharing.

11. Each specific agreement shall specify the procedure to be followed to avoid and, if necessary, resolve conflicts between the parties.

12. Specific agreements concluded under paragraph 6 shall be implemented immediately, unless delays are expressly provided for. The parties are bound to take with diligence whatever actions are necessary to give effect to an agreement.

13. Upon mutual agreement, the parties may invite other parties to the sectoral tables, including the Government of Canada, or invite the latter into a tripartite negotiation table.

Amendment of Agreement

14. The parties agree that, notwithstanding section 15 (Review of the Agreement), this Agreement may be modified in whole or in part by deletion, addition or otherwise upon mutual acceptance in writing, signed by the parties.

Review of the Agreement

15. The parties will together review the operation of this Agreement and its implementation within three (3) years of its signature with a view to its renewal, amendment or cancellation.

Disputes

16. The parties shall attempt to resolve any dispute concerning the interpretation or implementation of this Agreement through negotiation between them.

Termination

17. Either party may terminate this Agreement by giving the other party written notice, which shall take effect sixty (60) days after transmission of such written notice to the other party.

Scope of the Agreement

18. This Agreement and specific agreements to be negotiated hereunder are not intended to be agreements or treaties as contemplated in section 35 of the Constitution Act, 1982, nor are they to be interpreted in any way as abrogating, derogating from or negating or recognizing Aboriginal and treaty rights or other rights.

Signed in Québec, on the 15 th day of June 2001.







Chief of Listuguj Mi'gmaq,
First Nation Council,

_________________________
Allison Metallic

Minister responsible for
Aboriginal Affairs,

_________________________
Guy Chevrette


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