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Secrétariat aux affaires autochtones

AGREEMENT ON THE REGISTRATION
OF BIRTHS, MARRIAGES AND DEATHS
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 questions related to the administration of justice;

AND WHEREAS each of the parties maintains for its own use a registry for births, marriages and deaths;

AND WHEREAS it would be advantageous to facilitate the registration of these events without duplicating the administrative procedures;

AND WHEREAS it would be desirable for the information thus registered in both registries be the same and not be divergent;

NOW THEREFORE THE PARTIES AGREE TO THE FOLLOWING:

OBJECT OF THE AGREEMENT


1. The purpose of this Agreement is to facilitate the registration of births, marriages and deaths related to a Mohawk 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.
4. The following Schedule forms an integral part of this Agreement:

1. Definitions


REGISTRATION

5. The Directeur de l'état civil du Québec (hereinafter referred to as "Director") and the person designated by the Council as responsible for the purpose of this Agreement (hereinafter referred to as "Registrar") shall cooperate in order to facilitate the registration of births, marriages and deaths related to a Mohawk of Kahnawake.
6. The Director may enter into arrangements with the Registrar for the transmission by the Registrar of declarations of birth or death made by a Mohawk of Kahnawake in the application of this Agreement. These arrangements may also cover the transmission of information related to a marriage solemnized in Kahnawake.
7. The declarations referred to in section 6 are contained in the forms agreed to by the Director and the Registrar.
8. When the Director registers a birth, a marriage or a death related to a person who is, to his knowledge, a Mohawk of Kahnawake on the basis of information which he has received otherwise than through the Registrar, he shall transmit this information to the Registrar.

TRADITIONAL NAME

9. A Mohawk of Kahnawake may cause the Director to register his or her traditional Mohawk name alongside the name given at birth, if any. This procedure may be made without cost at any time. It may be made on behalf of a child by his or her father and mother.
10. The demand for the addition of a traditional name is made on the form prescribed by the Director or on the form prescribed by the Registrar and accepted by the Director.

COOPERATION

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

Liaison Committee

12. A Liaison Committee is formed to supervise the application of this Agreement.
13. The Liaison Committee shall be composed of an equal number of representatives from each party.
14. The Liaison Committee shall meet as often as required.
15. The Liaison Committee shall have the power to make joint recommendations to the parties concerning any matter relative to the implementation of this Agreement, including omissions, failures and penalties.

FINAL PROVISIONS

Duration of the Agreement


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

Amendment of the Agreement

18. 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

19. 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.
20. 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 21.

Cancellation of the Agreement

21. This Agreement is canceled 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.
22. 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

23. 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 22 applies.

24. 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 recognizing any aboriginal, treaty or other rights.
25. 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

__________________________
Robert Perreault
Ministre des Relations avec les citoyens et de
l'Immigration
Signature gouvernementale
Secrétariat aux affaires autochtones
905, avenue Honoré-Mercier, 1er étage - Québec (Qc)  G1R 5M6 - 418 643-3166
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