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AGREEMENT RELATING TO LIQUOR PERMITS
BETWEEN QUÉBEC
AND KAHNAWAKE

WHEREAS Québec and Kahnawake have signed a Statement of Understanding and Mutual Respect and a Framework Agreement which provides for the negotiation of sectoral Agreements in a number of areas, including Public Security;

WHEREAS the parties wish to combine their efforts to ensure that the system for issuing, suspending and revoking liquor permits and the control of their use in the territory of Kahnawake is effective, efficient, honest and respectful of the local culture, and this, in conformity with the needs and expectations of the populations concerned;

WHEREAS, the parties wish to combine their efforts to ensure that liquor permits in the territory of Kahnawake are used so as to limit social impacts harmful to the community and to ensure that every necessary security and control measure is taken, considering the nature of the activities relating to the use of liquor permits;

WHEREAS,, by concluding this agreement, the parties make clear their intention to consult on the exercise of their respective authority regarding the control of alcoholic beverages.

NOW THEREFORE IT IS AGREED THAT:

Purpose and Interpretation


1. The purpose of this Agreement is to establish a framework for effective cooperation between the parties with regard to the issuance and control of liquor permits in the territory of Kahnawake.
2. The territory of Kahnawake, for the purpose of this Agreement, is the territory over which the Mohawk Council of Kahnawake has jurisdiction.
3. The preamble is an integral part of this Agreement.

Schedules

4. The Schedules listed hereunder are an integral part of this Agreement and shall not be interpreted as to limit the scope of applicable laws, regulations and rules:

  • Schedule 1: Categories of liquor permits
  • Schedule II: List of suppliers

LIQUOR PERMITS

Constitution, Mission and Operation of ABC Board


5. Kahnawake agrees to maintain and operate a supervisory authority named the Alcohol Beverages Control Board, hereinafter called the "ABC Board" which shall be responsible for issuing, suspending and revoking liquor permits, as well as controlling their use.
6. The ABC Board has the authority to issue, suspend, revoke and control the use of liquor permits governed by this Agreement in the territory of Kahnawake according to applicable laws
7.The liquor permits governed by this Agreement are those permits coming within the categories of permits listed in Schedule I. These listed permits will be up dated according to the modifications of applicable laws.
8. Kahnawake has taken measures to ensure that:
i) In the discharge of its functions, the ABC Board shall act in a reasonable and equitable manner with all persons concerned ; at any time, it shall act so as to promote the public interest and safeguard public security and public tranquillity within the territory of Kahnawake;
ii) The ABC Board members shall be objective and impartial in the discharge of their functions and shall avoid situations susceptible to put them in conflict of interests;
iii) No member may, on pain of forfeiture of office, have any direct or indirect interest in an enterprise causing his personal interest to conflict with that of the ABC Board. However, forfeiture is not incurred where such an interest devolves to him by succession or gift, provided that he renounces of disposes of it with diligence.

9. The ABC Board and the Régie des alcools, des courses et des jeux, hereinafter called the "Régie" agree to cooperate and harmonize their respective rules, regulations, interpretations and processes.
10. To harmonize their respective rules, regulations, interpretations and processes, the Régie will send a written notice to the ABC Board when the laws relating to liquor permits, its regulations or rules will be modified, in conformity with the Framework Agreement.
11. For the same purposes, the ABC Board undertakes to send a written notice to the Régie when its regulations and rules will be modified.

Functions, duties and responsibilities of the ABC Board

12. Within its jurisdiction, the ABC Board, its members and its employees have the same authority, rights and immunities as the Régie under applicable laws relating to liquor permits.
13. Within the scope of its responsibility to control the use of liquor permits issued in the territory of Kahnawake under this Agreement, the ABC Board relies on the Kahnawake Peacekeepers.
14. As to the prosecution of offences of legislative provisions relating to alcoholic beverages under this Agreement, the parties agree that the status quo shall prevail until they negotiate and agree on methods other than prosecution initiated by the Attorney General.
15. The ABC Board will share with the Régie the required information regarding its permit holders so that the Régie can inform the suppliers listed in Schedule II.
16. Conditions for the issue and the use of permits governed by this Agreement should be generally similar to those applied elsewhere in Québec giving due consideration to local conditions.
17. It is agreed that, should it find it advisable within the scope of its discretionary powers, considering public interest and safeguard public security and public tranquillity, and notwithstanding any provisions of this Agreement, the ABC Board may set additional or more restrictive requirements for the issue and use of a permit.

Supply

18. Kahnawake agrees to take all the measures necessary to set up a single supply system for all alcoholic beverages that are to be sold by permit holders under this Agreement.
19. All alcoholic beverages sold by or supplied to permit holders shall come from the Société des alcools du Québec hereinafter called the "Société" or one of its agents or, in the case of beer, from a brewer, a distributor, the Société or one of their agents as listed in Schedule II.
20. The ABC Board shall also suspend or revoke the permit issued to a permit holder that does not comply with section 18 or 19.

Inspection

21. The Kahnawake Peacekeepers play a paramount role in controlling the use of permits issued by the ABC Board ; members of the Kahnawake Peacekeepers act both as peace officers and inspectors on behalf of the ABC Board in accordance with the provisions of this Agreement and the Agreement on police services in Kahnawake.
22. The Ministre de la Sécurité publique agrees to take the necessary steps to recognize the members of Kahnawake Peacekeepers to act as inspector in the territory of Kahnawake in accordance with applicable laws.
23. In discharging their functions of inspection, members of the Kahnawake Peacekeepers have the same powers as members of the Sûreté du Québec.
24. The Kahnawake Peacekeepers shall be responsible for enforcing decisions taken by the ABC Board under this Agreement; its members shall be responsible for seizing and confiscating permits and beverages or affixing seals to the latter.

Seizure and Custody of Alcoholic Beverages

25. It is agreed that, in cases of permit revocation, the alcoholic beverages shall be seized and confiscated, and that, in cases of permit suspension, seals shall be affixed to the alcoholic beverages; the alcoholic beverages thus seized and confiscated shall dealt with in accordance with due process.
26. It is agreed that the value of the alcoholic beverages thus seized and confiscated shall be reimbursed according to the terms prescribed by the ABC Board.

Information

27. The ABC Board undertakes to provide to the Liaison Committee, for information purpose, periodic reports of its operations.
28. The Régie undertakes to provide updated lists of alcoholic beverages suppliers.
29. The ABC Board undertakes to communicate to Régie without delay, for information purposes, any decision regarding the issuance, suspension or revocation of permits.
30. The ABC Board and the Régie undertake also to exchange information relating to their respective files. Each party will respect the confidentiality of this information and will use it only in accordance with applicable laws to the extent necessary to achieve the purposes of this Agreement.

Cooperation

31. The Régie and the ABC Board will combine their efforts to achieve the purposes of this Agreement and, to that effect, may conclude between themselves agreements and other arrangements which are complementary to this Agreement.

Liaison Committee

32. A Liaison Committee is formed as an advisory body in charge of supervising the application of this Agreement.
33. The Liaison Committee shall be composed of at least four (4) members, the number of representatives of each party must be equal.
34. The Liaison Committee shall meet as often as required.
35. At the request of one party, the Liaison Committee shall revise the categories of permits governed by this Agreement as listed in Schedule I.

Difficulties of Application

36. The parties agree to submit to the Liaison Committee any disagreement or situation that may hinder the application of any or all the provisions of this Agreement.
37. Should the difficulty remain unresolved at the expiry of a delay of thirty (30) days from the date it was submitted to the Liaison Committee, the party that submitted it may address to the other party a written termination notice according to section 44.

Transitional Provisions

38. The permits issued by the Régie which are in force in the territory of Kahnawake at the coming into effect of this section are deemed to have been issued by the ABC Board and, henceforth, must conform to the Kahnawake Communal Law on Alcoholic Beverages; they shall be treated by the ABC Board in the same manner as if they had been issued by the ABC Board.

The Régie will transfer to the ABC Board the files relating to such permits.

39. Applications for permits in Kahnawake or any other proceedings related to such permits which are pending before the Régie at the coming into effect of this section are transferred to the ABC Board for decision.

Implementation of the Agreement

40. Québec agrees to take, as quickly as possible, whatever measures are necessary to ensure the implementation of this Agreement.
41. Kahnawake agrees to take, as quickly as possible, whatever measures are necessary to ensure the implementation of this Agreement.

Duration of the Agreement

42. This Agreement shall take effect on the date of its signing by both parties subject to the provisions of this Agreement.

However, sections 6, 18, 19, 20, 38 and 39 shall come into effect on the date agreed upon in writing by the parties.

The parties may agree on an agenda for the progressive implementation of this Agreement and, if necessary, on transitional arrangements.

The duration of this Agreement is for a period of five (5) years and will be, at its expiry, automatically renewed for additional terms unless one of the parties send a termination notice to the other.

Amendment of the Agreement

43. The parties may, by a written agreement, amend this Agreement or conclude supplementary agreements by an exchange of letters with respect to the implementation of this Agreement or to matters not specified herein.

Termination of the Agreement

44. The Agreement may be terminated at the expiry of a delay of sixty (60) days from the date a termination notice is forwarded by either of the parties, unless the parties agree on different terms before the end of such delay.
45. In case of termination, the Liaison Committee shall recommend to the parties the transitional or final arrangements to be made.
46. In case of termination of this Agreement by either one of the parties, the parties agree to take the appropriate steps to end this Agreement.

Miscellaneous Provisions

47. This Agreement is not intended to be an agreement or a treaty as contemplated in section 35 of the Constitution Act, 1982 nor is it to be interpreted in anyway as abrogating, derogating, negating or recognizing any aboriginal, treaty of other rights.
48. Should any provision of this Agreement be declared null or invalid by a competent tribunal, the parties undertake to remedy this nullity or invalidity as quickly as possible so that the goals pursued by this Agreement are achieved.

IN WITNESS WHEREOF the parties have signed this _____ day of _____ 1999:

Pour le Québec,

_________________________
Guy Chevrette
Ministre délégué aux Affaires autochtones

Pour Kahnawake,

_______________________
Grand Chief
Mohawk Council of Kahnawake

__________________________
Serge Ménard
Ministre de la Sécurité publique
Signature gouvernementale
Secrétariat aux affaires autochtones
905, avenue Honoré-Mercier, 1er étage - Québec (Qc)  G1R 5M6 - 418 643-3166
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