Services - Prince Edward Island

CANADA – PRINCE EDWARD ISLAND AGREEMENT ON FRENCH-LANGUAGE SERVICES 2005-06 TO 2008-09

THIS AGREEMENT was concluded in English and in French this 7 day of March 2006.

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

AND:  THE GOVERNMENT OF PRINCE EDWARD ISLAND, hereinafter called “Prince Edward Island”, represented by the Minister responsible for Acadian and Francophone Affairs of Prince Edward Island.

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 Canada acknowledges its responsibilities and commitments to them;

WHEREAS Prince Edward Island adopted the French Language Services Act, giving the public the right to use French in communicating with and receiving services from the government departments and agencies and committing to contribute to the development and enhancement of the province's Acadian and Francophone community;

WHEREAS Canada believes that, according to its Official Languages Act 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 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 for English- or French-minority language service delivery as one of the priority areas to foster renewed vitality to the country's linguistic duality;

WHEREAS Canada and Prince Edward Island wish to support, through this Agreement, a general framework for the planning and implementation of various measures to increase the capacity of Prince Edward Island to deliver French-language services and support the development and vitality of the Acadian and Francophone community of Prince Edward Island;

AND WHEREAS Prince Edward Island, as a member of the Ministerial Conference on Francophone Affairs, agreed in 2002 to a series of principles to provide a supportive environment for life in French in Canada; 

THEREFORE, in consideration of the mutual covenants of agreement herein contained in the Agreement on the continuation of a multi-year federal funding mechanism and collaboration framework to support French-language services planned and delivered by Prince Edward Island, the parties hereto agree as follows:

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

   1. 2.1 The purpose of this Agreement is to provide a multi-year federal funding mechanism and collaboration framework to strengthen the capacity of Prince Edward Island to implement the French Language Services Act by supporting the planning and provision of quality French-language services delivered by Prince Edward Island for the benefit of the Acadian and Francophone community of Prince Edward Island, and to support 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
   
   

   1. 3.1 Subject to the provisions of this Agreement, Canada agrees to pay a portion of the eligible expenditures incurred by Prince Edward Island to implement its strategic plan (Schedule B).

   2. 3.2 For the purposes of this Agreement, Prince Edward Island's strategic plan (Schedule B) includes:
      
       3.2.1 a preamble describing:
      
      
      1. the general orientations, objectives and priorities of the province for 2005-06 to 2008-09;
      2. the level of community involvement in the development of the strategic plan;
      3. the actions reflecting overall provincial government priorities;
      4. the strategy the province will use to implement the strategic plan and the data sources that will be used to measure the expected results;
      5. examples of French-language services integrated within the provincial public service; and
      6. other special considerations, as required.
         
         
   3. 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
   
   
   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 terms of this Agreement,  Canada agrees to contribute to the eligible expenses incurred by Prince Edward Island in implementing its strategic plan (Schedule B) for the purposes described in Section 2 of the Agreement as follows:
      
      4.1.1 for 2005-06 and 2006-07, an amount not to exceed the lesser of one million three hundred and eighty thousand dollars ($1,380,000) or 55 percent of the total eligible expenses incurred for each fiscal year; for 2007-08, an amount not to exceed the lesser of one million five hundred sixty two thousand and five hundred dollars ($1,562,500) or 57 percent of the total eligible expenses incurred for that fiscal year; and for 2008-09, an amount not to exceed the lesser of one million five hundred and sixty two thousand and five hundred dollars ($1,562,500) or 56 percent of the total eligible expenses incurred for that fiscal year.
      
      

      2005-06	$1,380,000
      2006-07	$1,380,000
      2007-08	$1,562,500
      2008-09	$1,562,500

      
      
      
   1. 4.2   Special Project Funding
      
      For each fiscal year of this agreement, Canada may provide New Brunswick with financial support, over and above the amount identified in paragraph 4.1, for one-time measures and projects proposed by New Brunswick subject to approval by Canada. These measures and projects will be included in a document to be attached to New Brunswick's action 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, as well as federal and provincial contributions.
      
      4.3 For 2005-06 and 2006-07, Canada agrees to contribute one hundred and eighty-two thousand and five hundred dollars ($182,500) for eligible expenses incurred in each fiscal year for the implementation of the following projects: Centre Belle-Alliance: $100,000 and Community Support – Rustico and Deblois: $82,500. A description of these projects is included in Schedule D of this Agreement.
      
      

      4.4 Subject to the appropriation of funds by the Legislative Assembly of Prince Edward Island and the maintenance of current and forecasted budget levels within the participating government institutions of Prince Edward Island, Prince Edward Island agrees to contribute to the eligible expenses under the terms of its strategic plan (Schedule B) for 2005-06 to 2008-09.
      
      4.5 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
   
   
   1. 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 Prince Edward Island's strategic plan (Schedule B).
      
      
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 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 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. approve the report on outputs and actual expenditures and evaluations mentioned in this Agreement, as well as other documents presented by Prince Edward Island in accordance with the present Agreement and, if necessary, modifications to the strategic plan (Schedule B);
      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
   
   
   1. 7.1   Canada and Prince Edward Island agree that the contributions referred to in paragraphs 4.1 and 4.2 of this Agreement apply only to the actions/measures described in Prince Edward Island's strategic plan (Schedule B), based on the federal and provincial budget breakdown included in the Agreement.
      
      
8. ACCOUNTABILITY
   
   
   1. 8.1 Canada and Prince Edward Island agree that they must be accountable to Parliament, the Legislative Assembly of Prince Edward Island and the general public for the proper use of funds provided under this Agreement and the results achieved by these investments. Consequently, Prince Edward Island agrees to provide Canada, in the six (6) months following the end of each fiscal year, with a certified final report on the outputs achieved during the previous fiscal year by Prince Edward Island and on the actual expenditures incurred by the province for the same period.
      
      8.2 The requirements pertaining to the submission and acceptance of the certified final report on outputs and actual expenditures are described in Section 3 of Schedule Aof this Agreement.
      
      
9. INFORMATION TO THE PUBLIC
   
   
   1. 9.1 Canada and Prince Edward Island agree to make the text of this Agreement and its schedules available to the Canadian public, in particular on their respective Websites, within a reasonable timeframe following the signature of this Agreement.
      
      

      9.2 Prince Edward Island agrees to make available to the public copies of certified final report on outputs and actual expenditures as part of this Agreement after these documents have been accepted by Canada. To obtain copies, interested individuals may contact Prince Edward Island as provided by paragraph 21.2 of this Agreement.

      9.3 Prince Edward Island agrees to give recognition to Canada's participation when conducting publicity or organizing public events concerning the measures for which financial assistance was provided by Canada. For the purpose of this Agreement, publicity includes, without being limited to, news releases and provincial departmental and agency reports, and public events including news conferences, official openings and other such events. Prince Edward Island agrees to provide Canada with samples of these different kinds of publicity.

      9.4 Canada and Prince Edward Island agree to share, at the time of its publication, any report on services in French that may be produced, to be used as complementary information.

      9.5 Prince Edward Island agrees that all its communications with, and the publications made available to, the general public, in relation with this Agreement, will be in both official languages.

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10. PARTNERSHIP
    
    

    1. 10.1 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 Prince Edward Island.

11. MEMBERS OF THE HOUSE OF COMMONS, THE SENATE OR THE LEGISLATIVE ASSEMBLY OF PRINCE EDWARD ISLAND
    
    
    1. 11.1 No member of the House of Commons, the Senate nor the Legislative Assembly of Prince Edward Island may take part in the Agreement nor benefit from it in any way.
       
       
12. FORMER FEDERAL PUBLIC OFFICE HOLDERS AND PUBLIC SERVANTS
    
    

    1. 12.1  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.

13. COLLABORATION WITH OTHER PROVINCES AND TERRITORIES
    
    

    1. 13.1 Canada and Prince Edward Island agree that it is important to explore opportunities for collaboration between Canada, Prince Edward Island and other provinces and territories for the provision of quality services in French and support to Acadian and Francophone community development.

14. OTHER FEDERAL DEPARTMENTS (INTERDEPARTMENTAL COORDINATION)
    
    
    1. 14.1 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 Prince Edward Island on the implementation of services in French.
       
       

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15. LIABILITY OF CANADA
    
    
    1. 15.1 Canada shall not be liable for any injury, including death, or for any loss or damage to the property of Prince Edward Island or anyone else, that occurs through the execution of this Agreement by Prince Edward Island, unless such injury, loss or damage is caused by the negligence, wilful misconduct or bad faith of Canada, the Minister of Canadian Heritage, their employees, officers or agents.
       
       15.2 Canada disclaims itself from any liability in the event that Prince Edward Island 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.
       
       
16. INDEMNIFICATION
    
    
    1. 16.1 Prince Edward Island 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 Prince Edward Island or its employees, officers or agents in carrying out the activities described in the Agreement.
       
       
17. DISPUTE RESOLUTION
    
    
    1. 17.1 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.
       
       
18. BREACH OF COMMITMENTS AND RECOURSE
    
    
    1. 18.1 The following constitute breach of commitments:
       
       18.1.1 Prince Edward Island directly or through its representatives, makes or made a false declaration or a misrepresentation to Canada; or
       
       18.1.2 One of the conditions or commitments included in this Agreement has not been fulfilled.
       
       18.2 In the event of breach of commitments, Canada will inform Prince Edward Island of the alleged breach of commitment and will give Prince Edward Island a reasonable time to remedy the alleged breach. If the breach is not remedied within the prescribed time, Canada may avail itself of one or more of the following remedies:
       
       18.2.1 reduce Canada’s contribution to Prince Edward Island and inform it accordingly;
       
       18.2.2 suspend any payment of Canada’s contribution, either with respect to amounts already owing or future payments;
       
       18.2.3 rescind this Agreement and immediately terminate any financial obligation arising out of it;
       
       18.2.4 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 Prince Edward Island. Prince Edward Island shall immediately comply with all written demands in this regard.
       
       18.3 The fact that Canada 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 the Agreement or other applicable law.
       
       
19. ASSIGNMENT
    
    
    1. 19.1 This Agreement, or any benefit thereunder, may not be assigned without prior written approval from Canada.

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20. APPLICABLE STATUTES
    
    
    1. 20.1 This Agreement shall be governed by and interpreted in accordance with the applicable statutes in Prince Edward Island.
       
       
21. COMMUNICATIONS
    
    
    1. 21.1 Any communication concerning this Agreement intended for Canada shall be sent by mail to:
       
       
       Director, Prince Edward Island Office
       Department of Canadian Heritage
       119 Kent Street, Room 420
       BDC Tower
       Charlottetown, Prince Edward Island
       C1A 1N3
       
       
       21.2 Any communication concerning this Agreement intended for Prince Edward Island shall be sent by mail to:
       
       
       Director
       Acadian and Francophone Affairs
       Post Office Box 58
       Wellington, Prince Edward Island
       C0B 2E0
       
       
       21.3 Any communication sent in this way shall be deemed to have been received after the time required for a letter to reach its destination.
       
       
22. DURATION
    
    
    1. 22.1 This Agreement binds Prince Edward Island and Canada for the period starting April 1, 2005, and ending on March 31, 2009, and all contributions to be provided by Canada in accordance with the provisions of this Agreement are to be applied to the measures implemented and the expenses incurred by Prince Edward Island in carrying out its strategic plan (Schedule B).
       
       
23. AMENDMENT OR TERMINATION
    
    
    1. 23.1 The parties may, with mutual written consent, amend or terminate this Agreement during the life of the said Agreement.
       
       
24. DESCRIPTION OF THE CONTRIBUTION AGREEMENT
    
    
    1. 24.1 This Agreement, including the following schedules that form an integral part of the 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. Prince Edward Island acknowledges having read this Agreement and agrees with the contents.
       
       Schedule A – Administrative Procedures and Conditions
       Schedule B – Prince Edward Island's Strategic Plan
       Schedule C – Model - Certified final report on outputs and actual expenditures
       Schedule D – Special Project Approved in 2005-2006 and 2006-2007 – Centre Belle Alliance
       Schedule E – Special Project Approved in 2005-2006 and 2006-2007 – Projet d'appui communautaire à Rustico et à Deblois

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