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AGREEMENT RELATING TO PROFESSIONAL
COMBAT SPORTS PERMITS
BETWEEN QUÉBEC
AND KAHNAWAKE

WHEREAS the parties are willing to unite their effort in order to assure that the organization of professionnal combat sports is efficient, effective and honest and ensures the safety and the integrity of the people taking part or assisting in an event;

WHEREAS the parties are willing to unite their efforts in order to assure that all safety and control measures necessary are considered in light of the nature of the activities related to these sports in accordance with applicable laws;

WHEREAS, in concluding this Agreement, the parties clearly express their commitment to consult each other regarding the exercise of their respective authority regarding professional combat sports;

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 the issuance and control of professional combat sports 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.

Constitution, Mission and Operation of the Kahnawake Athletic Commission

4. Kahnawake agrees to maintain and operate a regulatory organization named the Kahnawake Athletic Commission, hereinafter called the "Commission", which is responsible for issuing, suspending and cancelling professional combat sports licences or permits as well as controlling their use.
5. The Commission has the authority to issue, suspend, cancel, regulate and control the use of professional combat sports licences or permits in the territory of Kahnawake according to applicable laws.
6. The professional combat sports licences or permits governed by this Agreement are organizer, contestant, manager, trainer, corner attendant, official or printer in connection with a sports event.
7. Kahnawake shall take such measures as are necessary to ensure that:

i) In the discharge of its functions, the Commission shall act in a reasonable and equitable manner with all persons concerned; at any time, it shall act so as to ensure that, in the public interest, professional combat sports are engaged in with safety, competence and integrity and that their good reputation is maintained in the territory of Kahnawake.
ii) The Commission members shall be objective and impartial in the discharge of their functions and shall avoid situations susceptible to put them in conflict of interest.
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 Commission. However, forfeiture is not incurred where such an interest devolves to him by succession or gift, provided that he renounces or disposes of it with diligence.

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

Functions, duties and responsibilities of the Kahnawake Athletic Commission

11. Within its jurisdiction, the Commission and its employees have the same authority, rights, duties and immunities as the Régie under all applicable laws relating to professional combat sports licences or permits.
12. As to the prosecution of offences of legislative provisions relating to professional combat sports 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.
13. The Commission shall maintain a standardized system of files on licences or permits holders in the territory of Kahnawake.
14. Conditions for the issue and the use of a licence or a permit governed by this Agreement should be generally similar to those applied elsewhere in Québec giving due consideration to local conditions.
15. It is agreed that, should it find it advisable within the scope of its discretionary powers, considering public interest, the safety, the competence and the integrity of the professional combat sport and nowithstanding any provisions of this Agreement, the Commission may set additional or more restrictive requirements to issue and use of licence or a permit.

Information

16. The Commission undertakes to provide to the Liaison Committee, for information purpose, periodic reports of its operation.
17. The Commission and the Régie undertake to communicate to each other without delay, for informations purposes, any decision regarding the issuance, suspension or cancellation of a licence or a permit.
18. The Commission 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

19. The Régie and the Commission 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

20. A Liaison Committee is formed as the advisory body in charge of supervising the application of this Agreement.
21. The Liaison Committee shall be composed of at least four (4) members; the numbers of representatives of each party must be equal.
22. The Liaison Committee shall meet as often as required.
23. The Liaison Committee shall have the power to make joint recommandations to the parties concerning any matter relative to the implementation of this Agreement.

Difficulties of Applications

24. The parties agree to submit to the Liaison Committee any dispute or situation that may hinder the application of any or all the provisions of this Agreement
25. Should the difficulty remain unresolved at the expiration 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 31.

Implementation of the Agreement

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

Duration of the Agreement

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

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

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

Amendment of the Agreement

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


Termination of the Agreement

31. This 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.
32. In case of termination, the Liaison Committee shall recommend to the parties the transitional or final arrangements to be made.
33. 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.

Miscellanous Provisions

34. 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.
35. 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 Agreement are achieved.

Signed on the _____ day of _____ 1999:

Pour le Québec,

_________________________
Guy Chevrette
Ministre délégué aux Affaires autochtones

Pour Kahnawake,

_______________________
Joseph Tokwiro Norton
Grand chef
Conseil mohawk de 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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