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Secrétariat aux affaires autochtones

AGREEMENT ON TRANSPORT
AND USER FEES
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 transport and user fees;

AND WHEREAS the parties have had long and extensive exchanges in matters of transport infrastructures and movement of goods and persons;

AND WHEREAS Kahnawake must be adequately compensated for the loss of use of its territory and the other disadvantages caused by the highways crossing its territory;

AND WHEREAS Quebec agrees to recognize Kahnawake's responsibility for the roads located in its territory, and Kahnawake agrees to recognize the special character of routes 132 and 132-138 leading to the Mercier Bridge;

NOW THEREFORE THE PARTIES AGREE TO THE FOLLOWING:

Part 1

OBJECT OF THE AGREEMENT


1. The purpose of this Agreement is to improve the cooperation between the parties in matters of transport and to settle the question of user fees.

2. The Territory of Kahnawake (hereinafter referred to as the "Territory" ) is, for the purpose of this Agreement, the territory over wwich 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 Schedules are an integral part of this Agreement:

1. Roads for which user fees are payable
2. Roads for which Kahnawake is responsible
3. Financial Transfer Adjustment Formula

Part 2



RESPECTIVE RESPONSIBILITIES

User Fees


5. The Ministère des transports du Québec (hereinafter referred to as "MTQ") agrees to indemnify Kahnawake through its Council for the use of its territory for the purpose of the roads listed in Schedule 1 by paying user fees.

In order to preserve the quietness and security of the inhabitants, the parties may agree on some restrictions to the access to roads within the Territory. It is agreed however that no such restriction should apply to Routes 132, 132-138 and the Mercier Bridge.

Joint Committee Report

6. The parties agree to implement the recommendations of the Final Report of the MTQ/Kahnawake Joint Committee, dated June 30, 1998.

Road Management

7. Kahnawake shall be responsible, on a year round basis, for the management within the Territory of the roads listed in Schedule 2 and for the maintenance of routes 132 and 132-138. Kahnawake undertakes to carry this management within the standards and specifications generally applicable to Quebec roads.

8. The MTQ agrees that all works, other than maintenance, to be performed within the Territory on Routes 132, 132-138 and the Mercier Bridge by others than MTQ's employees shall be performed under a negotiated contract with the Council, provided an agreement on such a contract can be achieved in due time.

Failing such a negotiated contract, the works shall be subject to public tender under ordinary rules.

Any contract awarded to a bidder who is not from Kahnawake shall include a clause giving priority to the use of Kahnawake resources and of qualified Kahnawake manpower or sub-contractors, when available.

Public Transportation

9. In order to facilitate public transportation within the Territory, the parties agree to make the necessary arrangements in terms of traffic control, signalization, police services and such other matters as may, from time to time, arise.

FINANCIAL TRANSFER

10. In accordance with the undertakings referred to in sections 5, 7 and 9, the MTQ shall make to Kahnawake one lump sum payment in the amount of $2 million, and an annual financial transfer in the amount of $2 million, under the terms and conditions agreed to by the parties.

11. The annual amount of the transfer shall be adjusted every year according to the formula described in Schedule 3.

ADJACENT LANDS

12. In order to facilitate the economic development of Kahnawake, the parties agree to set up a joint working group to report on the possible use, including potential joint ventures, of the lands under the control of the MTQ which are immediately adjacent to the Territory.

Any use of, or potential joint venture regarding, said lands shall be without prejudice to any claims Kahnawake may wish to make, particularly as regards the Seigneury of Sault St. Louis.

COOPERATION

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

Liaison Committee

14. A Liaison Committee is formed to supervise the application of this Agreement.

15. The Liaison Committee shall be composed of an equal number of representatives from each party.

16. The Liaison Committee shall meet as often as required.

17. 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

Duration of the Agreement


18. 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.

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

Amendment of the Agreement

20. 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.

Implementation of the Agreement

21. Quebec agrees to take, as quickly as possible, whatever measures are necessary to ensure the implementation of this Agreement.

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

Difficulties of Application

23. 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.

24. 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 25.

Cancellation of the Agreement

25. 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.

26. 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

27. 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 26 applies.

28. 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.

29. 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

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