Services - Colombie-Britannique

CANADA – BRITISH COLUMBIA CO-OPERATION AGREEMENT
ON OFFICIAL LANGUAGES 2006-09

THIS AGREEMENT was concluded in French and in English this 24^th day of May 2006.

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;

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 government service infrastructure in priority areas;

AND WHEREAS British Columbia, as a member of the Ministerial Conference on the Canadian Francophonie, 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:

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 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;
   3. “Ministers” means the Federal Minister, the Provincial Minister and any other Ministers of Canada and British Columbia involved in implementing this Agreement;
   4. “Official languages” means the 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. “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.
   7. "Strategic Plan" means British Columbia's Strategic Plan attached as Schedule B to this Agreement and as amended from time to time.
   8. "Community" means a group of individuals who identify themselves as belonging to a structured or informal group centred on a shared Francophone identity basis.
      
      
2. PURPOSE OF THE AGREEMENT
   
   

   1. 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.

3. PURPOSE OF THE CONTRIBUTION
   
   
   1. 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.
      
      

   1. 3.2 The Strategic Plan will include, but is not limited to:

      3.2.1 a preamble:
      1. describing the general orientation, objectives and priorities of the province
         for 2006-07 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.
         
         
   2. 3.2.2 a table describing:
      1. the expected outputs up to 2008-09;
      2. the types of initiatives and activities that will be undertaken to achieve these outputs;
      3. the performance indicators selected to measure progress; and
      4. the breakdown by objective of eligible forecasted expenditures and the respective contributions from both orders of government.
   
   
   
4. CONTRIBUTION OF CANADA AND BRITISH COLUMBIA
   
   
   1. 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 British Columbia in implementing the 2006-09 Strategic Plan for the next three fiscal years, an amount not to exceed the lesser of seven hundred thousand dollars ($700,000) or 50% of the total eligible expenses incurred each year, or

      2006-2007 :  $700 000
      2007-2008 :  $700 000
      2008-2009 :  $700 000.

      4.2   Special Project Funding
      
      

      For each fiscal year of this Agreement, 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 British Columbia’s 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 contribution by British Columbia in support of the Strategic Plan is subject to:

      1. 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
      2. 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 the equivalent of seven hundred thousand dollars ($700,000) per year to the eligible expenses under the terms of its strategic plan.

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

5. ELIGIBLE EXPENSES
   
   

   1. 5.1 For the purposes of this Agreement, eligible expenses include, but are not limited to, any expenditure made by British Columbia related to the administration, planning, study, research, development and implementation of the initiatives and activities supporting the Strategic Plan.

6. COORDINATION
   
   

   1. 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 at least once a year to, among others:

      1. review the Strategic Plan to ensure that the objectives are being achieved and that the operating mechanisms are efficient;
      2. 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;
      3. 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;
      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.

      6.4 All expenses relating to the Management Committee shall be borne by the respective Management Committee members.

7. APPROVED ACTIONS/MEASURES AND BUDGETS
   
   

   1. 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.

8. ACCOUNTABILITY
   
   
   1. 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 each 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.
      
      
9. PARTNERSHIP
   
   

   1. 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.

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

    1. 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.

11. FORMER FEDERAL PUBLIC OFFICE HOLDERS AND PUBLIC SERVANTS
    
    

    1. 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
    
    

    1. 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.

13. OTHER FEDERAL DEPARTMENTS (INTERDEPARTMENTAL COORDINATION)
    
    

    1. 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.

14. LIABILITY
    
    

    1. 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.

15. INDEMNIFICATION
    
    

    1. 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.

16. DISPUTE RESOLUTION
    
    

    1. 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.

17. AMENDMENT OR TERMINATION
    
    

    1. 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.

18. ASSIGNMENT
    
    

    1. 18.1 This Agreement, or any benefit thereunder, may not be assigned without prior written approval
       from Canada.

19. APPLICABLE STATUTES
    
    

    1. 19.1 This Agreement shall be governed by and interpreted in accordance with the applicable statutes in British Columbia.

20. COMMUNICATIONS
    
    

    1. 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.

21. DURATION
    
    
    1. 21.1 This Agreement binds British Columbia and Canada for the period starting April 1, 2006, and ending on March 31, 2009.
       
       
22. DESCRIPTION OF THE CONTRIBUTION AGREEMENT
    
    

    1. 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 –Support Service Development, Planning and Delivery in Four Priority Areas
       

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