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Secrétariat aux affaires autochtones

AGREEMENT ON CHILD CARE
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 of mutual interest;

AND WHEREAS Kahnawake has operated for several years a special unit for children, related to Kateri Memorial Hospital, called "Step by Step Early Learning Center", which has received financial support from Quebec;

AND WHEREAS Kahnawake has established a child day care unit called "Mohawk Community Day Care", administered by a majority of user parents;

AND WHEREAS Kahnawake intends to integrate the day care services and the specialized services for children within an integrated childcare center;

AND WHEREAS Quebec wishes to support, within applicable laws, the establishment and operation of such an integrated center.

NOW THEREFORE THE PARTIES AGREE TO THE FOLLOWING:

OBJECT OF THE AGREEMENT


1. The object of this Agreement is to support the establishment and operation in the Territory of an integrated center for comprehensive childcare with specialized services for children.
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.

INTEGRATED CENTER

4. Quebec shall recognize the integrated center for child care in Kahnawake called Step by Step Child and Family Center (hereinafter referred to as "Center") as a non profit legal person for the purposes of the Act respecting childcare centers and childcare services, and other applicable legislation.
5. Quebec accepts to maintain its existing financial support with regard to the specialized services for children.
6. Even before the Center is definitively established with its comprehensive mission, interim infrastructure funding can be given for the establishment of the Center. Support for specialized services continues to be provided under the existing arrangements.
7. The Act respecting childcare centers and childcare services (hereinafter referred to as "the Act") applies to the Center to the extent that it is not incompatible with this Agreement.

COOPERATION

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

Liaison Committee

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

FINAL PROVISIONS

Implementation


13. Quebec agrees to take, as quickly as possible, whatever measures are necessary to ensure the implementation of this Agreement.
14. Kahnawake agrees that the Mohawk Council of Kahnawake shall take, as quickly as possible whatever measures are necessary to ensure the implementation of this Agreement.

Duration of the Agreement

15. 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.
16. The parties may agree on an agenda for the progressive implementation of this Agreement and, if necessary, on transitional arrangements.

Amendment of the Agreement

17. 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 particularily with respect to the application of the Act to the Center.

Difficulties of Application

18. 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.
19. 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 20.

Cancellation of the Agreement

20. 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.
21. 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

22. This Agreement is automatically renewed for new terms 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 21 applies.

23. 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.
24. 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

_______________
Pauline Marois
Ministre d'État à la Santé et aux Services sociaux
Ministre de la Famille et de l'Enfance

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