Services - Alberta

CANADA – ALBERTA AGREEMENT ON FRENCH-LANGUAGE SERVICES 2005-06 TO 2008-09

THIS AGREEMENT was concluded this 31^st day of March 2006.

BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Canadian Heritage, hereinafter called "Canada",

AND: HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA, as represented by the Minister of Community Development of Alberta, hereinafter called "Alberta".

WHEREAS English and French are the official languages of Canada, as recognized in the Constitution of Canada, the Canadian Charter of Rights and Freedoms and Official Languages Act (Canada), and the Government of Canada acknowledges its responsibilities and commitments to them;

WHEREAS Canada believes that, according to the Official Languages Act (Canada) and its official languages policy, it is important to cooperate with provincial and territorial governments and with organizations and institutions in Canada to advance the equality of status and use of English and French and to promote the development and ensure the full participation of the two official languages community in Canadian society;

WHEREAS the Department of Canadian Heritage has the mandate on behalf of the Government of Canada to co-operate with provincial and territorial governments in order to foster the full recognition and use of English and French in Canadian society and to enhance the vitality and support the development of official-language minority communities across Canada, and to promote a co-ordinated approach by federal institutions in pursuit of these objectives;

WHEREAS, within the framework of its Action Plan for Official Languages (hereafter called "Canada's Action Plan") announced on March 12, 2003, Canada identifies federal-provincial-territorial collaboration as one of the priority areas to foster renewed vitality of the country's linguistic duality;

WHEREAS Canada and Alberta wish to establish, through this Agreement, a general framework for the planning and implementation of various measures to support the development and vitality of the Francophone community of Alberta;

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THEREFORE, this agreement confirms that the parties hereto agree as follows:

1. DEFINITIONS

1. “Federal Minister” means the Minister of Canadian Heritage or anyone authorized to act on his/her behalf;
2. “Provincial Minister” means the Provincial Minister of Community Development or anyone authorized to act on his/her behalf;
3. “Ministers” means the Federal Minister, the Provincial Minister and any other Ministers of Canada and Alberta involved in implementing this Agreement;
4. “Official languages” means English and French languages;
5. “Fiscal year” means the period commencing April 1 of any year and terminating March 31 of the year immediately following;
6. “Structuring Initiative” means a project or initiative intended to bring about a positive and lasting change which will contribute to the development of the community;
7. “Community” means a group of individuals who identify themselves as belonging to a structured or informal group centred on a shared Francophone identity basis;
8. “Management Committee” means an administrative mechanism co-chaired and co-managed by the representatives designated by the signatories of this Agreement and created for the term of this Agreement to ensure its full implementation.
   
   

2. PURPOSE OF THE AGREEMENT

2.1 The purpose of this Agreement is to provide a multi-year collaboration framework to support the planning and delivery of quality French language services for the Francophone community of Alberta, and to support the structuring initiatives aimed at contributing to its development as presented in the strategic plan set out in Schedule B of this agreement.

3. PURPOSE OF THE CONTRIBUTION

3.1 Subject to the provisions of this Agreement, Canada agrees to pay a portion of the eligible expenditures made by Alberta to implement its strategic plan (Schedule B).

3.2 For the purposes of this Agreement, Alberta's strategic plan (Schedule B) includes:

3.2.1 a preamble:

1. describing the general orientations, objectives and priorities of the province for 2005-06 to 2008-09;
2. describing the level of community involvement in the development of the strategic plan;
3. describing how the actions reflect overall provincial priorities;
4. providing the strategy the province will use to implement the strategic plan and the data sources that will be used to measure the expected results; and
5. other special considerations, as required;
   
   

3.2.2 A table describing:

1. the expected results up to 2008-09;
2. the strategies, initiatives and measures that will be undertaken to achieve these results;
3. the performance indicators selected to measure progress; and
4. the breakdown by objective of eligible forecasted expenditures and the respective contributions from both levels of government.
   
   

4. MAXIMUM AMOUNT OF THE CONTRIBUTION OF CANADA

4.1 Subject to the appropriation of funds by Parliament, to the maintenance of current and forecasted budget levels to March 31, 2009 of the Development of Official-Language Communities Program, Community Life component, and to the Administrative Procedures and Conditions in Schedule A of this agreement, Canada agrees to contribute to the eligible expenses incurred by Alberta in implementing its strategic plan (Schedule B) for the purposes described in Section 2 of this Agreement, for the next four fiscal years (2005-06 to 2008-09), an amount not to exceed the lesser of two million three hundred thousand dollars ($2 300,000) or 50% of the total eligible expenses incurred each year, or:

1. 2005-06      $480,000
   2006-07      $570,000
   2007-08      $600,000
   2008-09      $650,000
   
   

4.2 Special Project Funding

For each fiscal year of this Agreement, Canada may provide Alberta with financial support, over and above the amount identified in paragraph 4.1, for one-time measures and projects proposed by Alberta subject to approval by the federal minister. These measures and projects will be included in a document to be attached to Alberta’s strategic plan (Schedule B) and will form an integral part thereof. This document will include the following information on the measure or project: title, duration, objectives, expected results, total forecasted budget, federal contribution, and provincial contribution.

4.3 Subject to the appropriation of funds by the Legislative Assembly of Alberta and the maintenance of current and forecasted budget levels of the Department of Community Development, Alberta agrees to contribute to the eligible expenses under the terms of its strategic plan (Schedule B) for 2005-06 to 2008-09.

4.4 The administrative procedures and conditions governing the payment of Canada’s contribution are included in Schedule A of this Agreement.

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5. ELIGIBLE EXPENSES

5.1 For the purposes of this Agreement, eligible expenses may include, among others, expenditures related to the planning, study, research, development and implementation of the activities supporting Alberta's strategic plan (Schedule B) on French-language services.

6. COORDINATION

6.1 The federal minister and the provincial minister shall each appoint a senior official who will co-chair the Management Committee.

6.2 Management Committee members may designate an official to replace them at meetings and may also call upon other federal or provincial departments as needed.

6.3 The Management Committee shall meet at least once a year to, among others:

1. receive Alberta's Strategic Plan (Schedule B) and discuss opportunities for furthering objectives and/or efficiency; Alberta's Strategic Plan may be amended, with the mutual consent of the Management Committee, on behalf of both Ministers;
2. meet representatives of other federal and provincial departments or agencies or other appropriate individuals in order to encourage the collaboration and participation of all concerned;
3. compile materials into a report on outputs and actual expenditures; receive any relevant evaluations; receive any other documents required under this agreement; and receive any necessary modifications to the strategic plan. Upon agreement of both parties, the Management Committee may also participate in the development of these materials;
4. ensure that the other duties or tasks set out in this Agreement or assigned by the Ministers are performed;
5. ensure that these undertakings are completed with diligence and within a timeframe considered satisfactory by both parties.
   
   

7. APPROVED ACTIONS/MEASURES AND BUDGETS

7.1 Canada and Alberta agree that the contributions referred to in paragraphs 4.1 and 4.2 apply only to the actions/measures described in Alberta's strategic plan ( (Schedule B), based on the federal and provincial budget breakdown included in this Agreement.

8. ACCOUNTABILITY

8.1 Parties agree that Canada must be accountable to Parliament for its expenditures, and that Alberta is accountable to the Alberta Legislature for its expenditures. Both parties seek to be accountable to the public, and agree that purpose of reporting is to be accountable to the public, not each other. Each party will therefore follow its own established reporting and accountability practices.

8.2 Alberta agrees that, within six months of the end of each fiscal year, it will share with the federal government a report outlining expenditures related to this agreement during the previous fiscal year.

8.3 The requirements pertaining to the submission of the final report on outputs and actual expenditures are described in Section 3 of Schedule A of this Agreement.

9. PARTNERSHIP

9.1 The parties recognize that this Agreement does not constitute an association with the intent to establish a partnership or a joint venture, nor to create an agency relationship between Canada and Alberta.

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10. MEMBERS OF THE HOUSE OF COMMONS, THE SENATE OR THE LEGISLATIVE ASSEMBLY OF ALBERTA

10.1 No member of the House of Commons, the Senate nor the Legislative Assembly of Alberta may take part in this agreement nor benefit from it in any way.

11. FORMER FEDERAL PUBLIC OFFICE HOLDERS AND PUBLIC SERVANTS

11.1 No official or employee of Canada shall be admitted to share in this Agreement or to benefit from it without the written consent of the official's or employee's Minister. No former public office holder or public servant who is not in compliance with the Conflict of Interest and Post-Employment Code for Public Office Holders or the Values and Ethics Code for the Public Service may receive a direct benefit from this Agreement.

12. COLLABORATION WITH OTHER PROVINCES AND TERRITORIES

12.1 Canada and Alberta agree that it is important to explore possibilities for collaboration between Canada, Alberta and other provinces and territories in support of the objectives of this agreement.

13. OTHER FEDERAL DEPARTMENTS (INTERDEPARTMENTAL COORDINATION)

13.1 The Department of Canadian Heritage, in fulfilling its mandate to create and promote a concerted approach within federal institutions towards development of official-language communities and promotion of official languages, shall encourage these institutions to collaborate with their counterparts in Alberta on the implementation of this agreement.

14. LIABILITY OF CANADA

14.1 Canada shall not be liable for any injury, including death, or for any loss or damage to the property of Alberta or anyone else, occasioned by or in any way attributable to Alberta under this Agreement, unless such injury, loss or damage is caused by negligence, wilful misconduct or bad faith of Canada, the Minister of Canadian Heritage, their employees, officers or agents.

14.2 Alberta shall not be liable for any injury, including death, or for any loss or damage to the property of Canada or anyone else, occasioned by or in any way attributable to Canada under this Agreement, unless such injury, loss or damage is caused by negligence, wilful misconduct or bad faith of Alberta, the Minister of Community Development, their employees, officers or agents.

14.3 Canada disclaims itself from any liability in the event that Alberta concludes a loan, rent-to-own contract or any other long-term contract involving the project for which the contribution is granted in this Agreement.

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15. INDEMNIFICATION

15.1 Alberta shall indemnify Canada, the Minister of Canadian Heritage and their employees, officers or agents, and release them from any liability for claims, losses, damages, expenses and costs related to any injury or death, or loss or damage to property caused by Alberta or its employees, officers or agents in carrying out the activities described in this Agreement.

15.2 Canada shall indemnify Alberta, the Minister of Community Development and their employees, officers or agents, and release them from any liability for claims, losses, damages, expenses and costs related to any injury or death, or loss or damage to property caused by Canada or its employees, officers or agents in carrying out the activities described in this Agreement.

16. DISPUTE RESOLUTION

16.1 In the event of a dispute arising under the terms of this Agreement, the parties agree to try to make a good faith attempt to settle the dispute. In the event that the parties cannot resolve the dispute through negotiation, they agree to submit to mediation. The parties will bear the cost of mediation equally.

17. BREACH OF COMMITMENTS AND RECOURSE

17.1 The following constitute breach of commitments by Alberta:

17.1.2 Canada is of the reasonable opinion that one of the conditions or commitments included in this Agreement has not been fulfilled.

17.2 The following constitutes breach of commitments by Canada:

17.2.1 Canada unreasonably suspends or withholds payment of its contribution, with respect to amounts already owing or future payment.

17.3 In the event of breach of commitments, Canada may avail itself of one or more of the following remedies:

17.3.1 Reduce Canada's contribution to Alberta and inform it accordingly;

17.3.2 Suspend any payment of Canada's contribution, either with respect to amounts already owing or future payments;

17.3.3 Rescind this Agreement and immediately terminate any financial obligation arising out of it;

17.3.4 By written demand, require repayment of amounts already paid that were spent contrary to the terms of this Agreement, the amount claimed becoming a debt owing to Canada as soon as the demand is made on Alberta. Alberta shall immediately comply with all written demands.

17.4 In the event of breach of commitments, Alberta may avail itself of one or more of the following remedies:

17.4.1 Suspend any activities identified in the strategic plan;

17.4.2 Rescind this Agreement and immediately terminate any obligation arising out of it;

17.4.3 By written demand, require payment of amounts already laid out in the strategic plan, the amount claimed becoming a debt owing to Alberta as soon as the demand is made on Canada. Canada shall immediately comply with all written demands.

17.5 The fact that either party refrains from exercising a remedy it is entitled to exercise under this Agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred on it shall not prevent it in any way in the future from exercising any other right or remedy under this Agreement or other applicable law.