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Secrétariat aux affaires autochtones

AGREEMENT ON ECONOMIC DEVELOPMENT
BETWEEN QUÉBEC
AND KAHNAWAKE

WHEREAS Quebec 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 economic development;

AND WHEREAS economic development and job creation are essential elements for the progress of Kahnawake, the well-being of its population and the ability of Kahnawake to take charge of its future;

AND WHEREAS the parties wish to combine their efforts to stimulate economic development; and job creation; and actively support Kahnawake initiated ventures;

AND WHEREAS the parties favour the establishment of joint ventures between themselves when required;

NOW THEREFORE THE PARTIES AGREE TO THE FOLLOWING:

OBJECT OF THE AGREEMENT


1. The purpose of this Agreement is to enhance the economic development of Kahnawake and the creation of jobs for the Mohawks of Kahnawake;

2. The Territory of Kahnawake (hereinafter referred to as the "Territory") is, for the purpose of this Agreement, the territory over which the Mohawk Council of Kahnawake (hereinafter referred to as the "Council") has jurisdiction;

3. The Preamble is an integral part of this Agreement.

PROJECTS ELIGIBILITY

4. Quebec will ensure that economic projects proposed by the Council or entities of the Council, or by Mohawk entrepreneurs, are eligible to all economic support programs within its jurisdiction.

DEVELOPMENT FUND

5. Kahnawake shall be entitled to benefit from, but not limited to, the Development Fund for Aboriginal People to be set up by Quebec.

The terms and conditions of such a recourse to the Fund shall be negotiated by the parties in the light of the particular circumstances of the proposed projects.

JOINT VENTURES

6. The parties will proceed as needed without delay on the report of the Joint Working Group created under the Agreement on Transport and User fees to study the possible use for economic development, through a joint venture, of the lands under the control of the Ministère des Transports du Québec and which are immediately adjacent to the Territory.

In addition to the above paragraph, other joint ventures can be considered.

COOPERATION

7. The parties to this Agreement recognise the need to cooperate and to combine their efforts to achieve the purposes of this Agreement.

Liaison Committee

8. A Liaison Committee is formed to supervise the application of this Agreement.
9. The Liaison Committee shall be composed of an equal number of representatives from each party.
10. The Liaison Committee shall meet as often as required.
11. The Liaison Committee shall have the power to make joint recommendations to the parties concerning any matter relative to the implementation of this Agreement.

The Liaison Committee shall, in particular, suggest to the parties the terms and conditions of any recourse to the Development Fund as provided in section 5.

FINAL PROVISIONS

Duration of the Agreement

12. This Agreement shall take effect on the date of its signing by both parties and remain in effect for a period of five years, subject to the provisions of this Agreement.
13. The parties may agree on an agenda for the progressive implementation of this Agreement and, if necessary, on transitional arrangements.

Amendment of the Agreement

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

Difficulties of Application

15. 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.
16. Should the difficulty remain unresolved at the expiry of a delay of thirty (30) days from the date it was submitted to the committee, the party that submitted it may address the other party a written resiliation notice as provided in section 17.

Cancellation of the Agreement

17. This Agreement is cancelled at the expiry of a delay of sixty (60) days from the date a written resiliation notice is forwarded by either of the parties, unless the parties agree on different terms before the end of such delay.
18. In case of cancellation, the Liaison Committee shall recommend to the parties the transitional or final arrangements to be made.

Extension or Renewal of the Agreement

19. This Agreement is renewed automatically unless one party gives the other a written notice of termination. This Agreement remains in effect for a maximum period of sixty (60) days after its expiry unless the parties agree otherwise.

In the event of non renewal of this Agreement, section 18 applies.

20. 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 any way as abrogating, derogating, negating or recognising any aboriginal, treaty or other rights.
21. Should any provision of this Agreement be declared null or void by a competent tribunal, the parties undertake to remedy this nullity or invalidity as quickly as possible so that the purposes of this Agreement can be achieved.

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

On behalf of Québec,

_______________
Guy Chevrette
Ministre délégué aux Affaires autochtones

On behalf of Kahnawake,

_______________
Joseph Tokwiro Norton
Grand Chief
Mohawk Council of Kahnawake

Bernard Landry
Vice-premier ministre
Ministre d'État à l'Économie et aux Finances
Ministre de l'Industrie et du Commerce
Ministre des Finances
Signature gouvernementale
Secrétariat aux affaires autochtones
905, avenue Honoré-Mercier, 1er étage - Québec (Qc)  G1R 5M6 - 418 643-3166
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