Agreement - Text of the Agreement Schedule A – Administrative Procedures and Conditions Schedule B – British Columbia’s Strategic Plan Schedule C – Proposed Model - Certified Final Statement of Expenses and Outputs
CANADA - BRITISH COLUMBIA CO-OPERATION AGREEMENT
ON OFFICIAL LANGUAGES
2005-06
THIS AGREEMENT was concluded in English and in French
This 26 th day of April 2005
BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, hereinafter called
“Canada”, represented by the Minister of Canadian Heritage,
AND: HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA, hereinafter
called “British Columbia”, represented by the Minister of State for
Intergovernmental Relations of British Columbia.
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 the 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 language
communities in Canadian society;s the right of British Columbiaers to
communicate with provincial institutions and obtain services in the official language of their choice
and to use the official language of their choice in provincial courts;
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
collaboration for service delivery in the language of the minority (French) as one of the priority areas
to foster renewed vitality to the country’s linguistic duality;
WHEREAS Canada and British Columbia wish to establish, through this Agreement, a general
framework for the planning and implementation of various initiatives and activities to increase the
capability of the government of British Columbia to support the development and vitality of its
Francophone community by promoting the start-up and development of a basic service infrastructure in
priority areas;
AND WHEREAS British Columbia, as a member of the Ministerial Conference on Francophone
Affairs, agreed in 2002 to a series of principles of government leadership with respect to the Canadian
Francophonie.
THEREFORE, this Agreement confirms that the parties hereto agree as follows:
DEFINITIONS
“Federal Minister” means the Minister of Canadian Heritage or anyone authorized to act
on his/her behalf;
“Provincial Minister” means the Minister of State for Intergovernmental Relations for
British Columbia or other Minister as determined by British Columbia or anyone
authorized to act on his or her behalf;
“Ministers” means the Federal Minister, the Provincial Minister and any other Ministers
of Canada and British Columbia involved in implementing this Agreement;
“Official languages” means the English and French languages;
“Fiscal year” means the period commencing April 1 of any year and terminating March
31 of the year immediately following;
“Management Committee” means an administrative mechanism co-chaired and comanaged
by the representatives designated by the signatories of this Agreement and
created for the term of this Agreement to ensure its full implementation.
"Strategic Plan" means British Columbia's Strategic Plan attached as Schedule B to this
Agreement and as amended from time to time.
"Community" means a group of individuals who identify themselves as belonging to a
structured or informal group centred on a shared Francophone identity basis.
"In-kind contribution" means the monetary value equivalent to the time and or expenses
incurred by a British Columbia ministry or agency.
PURPOSE OF THE AGREEMENT
2.1 The purpose of this Agreement is to provide funding and a mechanism for coordination and
joint planning of initiatives and activities that will enable British Columbia to increase its
capacity to support its Francophone community by promoting the start-up and development of a
basic service infrastructure in priority areas as presented in the Strategic Plan.
PURPOSE OF THE CONTRIBUTION
3.1 Subject to the provisions of this Agreement, Canada agrees to pay a portion of the eligible
expenses incurred by British Columbia to implement the Strategic Plan.
3.2 The Strategic Plan will include, but is not limited to:
3.2.1 a preamble:
describing the general orientation, objectives and priorities of the province for 2005-
06;
describing the level of community involvement in the development of the Strategic
Plan;
describing how the actions reflect overall provincial priorities;
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
other special considerations, as required.
3.2.2 a table describing:
the expected outputs;
the types of initiatives and activities that will be undertaken to achieve these
outputs;
the performance indicators selected to measure progress; and
the breakdown by objective of eligible forecasted expenditures and the respective
contributions from both orders of government.
CONTRIBUTION OF CANADA AND BRITISH COLUMBIA
4.1 Subject to the appropriation of funds by Parliament, to the maintenance of current and
forecasted budget levels to March 31, 2006 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 British Columbia in implementing the 2005-06 Strategic Plan, an amount
not to exceed five hundred thousand dollars ($500,000). All contributions to be provided by
Canada in accordance with the provisions of this Agreement are to be applied to the initiatives
and activities implemented and the expenses incurred by British Columbia in carrying out the
Strategic Plan.
4.2 Special Project Funding
Canada may provide British Columbia with financial support, over and above the amount
identified in paragraph 4.1, for one-time measures and projects proposed by British Columbia
subject to approval by the Federal Minister. These measures and projects will be included in a
document to become part of the Strategic Plan. This document will include the following
information on the measure or project: title, duration, objectives, expected results, total
forecasted budget, Canada's contribution, and British Columbia's contribution.
4.3 Notwithstanding any other provision of this Agreement, any monetary or in kind contribution
by British Columbia in support of the Strategic Plan is subject to:
there being sufficient monies available in an appropriation, as defined in the Financial
Administration Act (British Columbia) (the "FAA"), to enable British Columbia, when any
payment of money by British Columbia pursuant to this Agreement is required, to make
that payment; and
Treasury Board, as defined in the FAA, not having controlled or limited, pursuant to the
FAA, expenditure under any appropriation referred to in subparagraph (a) of this paragraph.
4.4 British Columbia agrees to contribute to a maximum of two hundred and fifty thousand dollars
($250,000). British Columbia’s contribution may include in-kind expenditures.
ELIGIBLE EXPENSES
5.1 For the purposes of this Agreement, eligible expenses include, but are not limited to, any
expenditure made by British Columbia, whether a monetary or in-kind contribution, related to
the planning, study, research, development and implementation of the initiatives and activities
supporting the Strategic Plan.
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 ministries/departments as needed.
6.3 The Management Committee shall meet to, among others:
review the Strategic Plan to ensure that the objectives are being achieved and that the
operating mechanisms are efficient;
meet or consult, when appropriate, representatives of other federal and provincial
ministries/departments or agencies or other appropriate individuals in order to encourage
the collaboration and participation of all concerned;
prepare the report on outputs and actual expenditures and evaluations mentioned in this
Agreement, as well as other documents presented by British Columbia in accordance with
the present Agreement and, if necessary, modifications to the Strategic Plan;
ensure that the other duties or tasks set out in this Agreement or assigned by the Ministers
are performed;
ensure that these undertakings are completed with diligence and within a timeframe
considered satisfactory by both parties.
6.4 All expenses relating to the Management Committee shall be borne by the respective
Management Committee members.
APPROVED ACTIONS/MEASURES AND BUDGETS
7.1 Canada and British Columbia agree that the contributions referred to in paragraphs 4.1, 4.2 and
4.4 apply only to the initiatives and activities described in British Columbia’s Strategic Plan,
based on the federal and provincial budget breakdown included in this Agreement.
ACCOUNTABILITY
8.1 Canada and British Columbia acknowledge that Canada is accountable to Parliament and
British Columbia is accountable to its legislature. Canada and British Columbia agree that they
must be accountable to the general public for the proper use of funds provided under this
Agreement and the results achieved by these investments.
8.2 Within six months of the end of the fiscal year, British Columbia shall provide a final statement
of outputs achieved and of expenses incurred by the province between April 1 and March 31
similar in format to Schedule C to this Agreement and certified by British Columbia's co-chair
of the Management Committee.
PARTNERSHIP
9.1 Canada and British Columbia 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 British Columbia.
MEMBERS OF THE HOUSE OF COMMONS, THE SENATE OR THE LEGISLATIVE
ASSEMBLY OF BRITISH COLUMBIA
10.1 No member of the House of Commons, the Senate nor the Legislative Assembly of British
Columbia may take part in this Agreement nor benefit from it in any way.
FORMER 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.
COLLABORATION WITH OTHER PROVINCES AND TERRITORIES
12.1 Canada and British Columbia agree that it is important to explore opportunities for
collaboration between Canada, British Columbia and other provinces and territories to support
Francophone community development.
OTHER FEDERAL DEPARTMENTS (INTERDEPARTMENTAL CONSULTATION)
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 British Columbia on the implementation of this
Agreement.
LIABILITY
14.1 Canada disclaims itself from any liability in the event that British Columbia concludes a loan,
rent-to-own contract or any other long-term contract involving the project for which a
contribution is granted in this Agreement.
INDEMNIFICATION
15.1 British Columbia 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 or
alleged to be caused by British Columbia or its employees, officers or agents in carrying out the
activities described in this Agreement.
15.2 Canada shall indemnify British Columbia and its 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 or alleged to be caused by Canada or its employees,
officers or agents in carrying out the activities described in this Agreement.
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 the dispute to a mutually agreed mediator.
The parties will bear the cost of any mediation equally.
AMENDMENT OR TERMINATION
17.1 Canada and British Columbia may, with mutual written consent, amend this Agreement any
time during the term of this Agreement.
17.2 Notwithstanding any other provision of this Agreement, should British Columbia fail to comply
with any of the terms of the Agreement, Canada may terminate the Agreement upon giving
written notice of the alleged default to British Columbia and upon giving British Columbia a
reasonable time to cure the alleged default. Upon termination, Canada agrees to make
contributions for eligible expenses incurred up to the date of termination.
17.3 The fact that Canada or British Columbia refrain 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.
ASSIGNMENT
18.1 This Agreement, or any benefit thereunder, may not be assigned without prior written approval
from Canada.
APPLICABLE STATUTES
19.1 This Agreement shall be governed by and interpreted in accordance with the applicable statutes
in British Columbia.
COMMUNICATIONS
20.1 Any communication concerning this Agreement intended for Canada shall be sent by mail to:
Director, British Columbia/Yukon District
Department of Canadian Heritage
400-300 West Georgia Street
Vancouver, British Columbia V6B 6C6
20.2 Any communication concerning this Agreement intended for British Columbia shall be sent by
mail to:
Intergovernmental Relations Secretariat
421 Menzies Street, Second Floor
Victoria, British Columbia V8V 1X4
20.3 Any communication sent in this way shall be deemed to have been received after the time
required for a letter to reach its destination.
DURATION
21.1 This Agreement binds British Columbia and Canada for the period starting April 1, 2005, and
ending on March 31, 2006.
DESCRIPTION OF THE CONTRIBUTION AGREEMENT
22.1 This Agreement, including the following schedules that form an integral part of this Agreement
and subsequent amendments to them, constitutes the entire Agreement between the parties and
supersedes all previous and future documents, negotiations, understandings and undertakings
related to its subject matter. British Columbia acknowledges having read the Agreement and
agrees with the contents.
Schedule A – Administrative Procedures and Conditions Schedule B – British Columbia’s Strategic Plan Schedule C – Proposed Model - Certified Final Statement of Expenses and Outputs
IN WITNESS WHEREOF the parties hereto have signed this agreement on the date that appears on the second page.
ON BEHALF OF CANADA
ON BEHALF OF BRITISH COLUMBIA
(Signed) Liza Frulla
Minister of Canadian Heritage and Minister of Intergovernmental
Minister responsible for Status of Women
(Signed) Athana Mentzelopoulos
(for Sindy Hawkins) Minister of State for Intergovernmental Relations
