CANADA – SASKATCHEWAN AGREEMENT ON FRENCH-LANGUAGE SERVICES 2005-06 To 2008-09
Agreement – Canada - Saskatchewan Agreement on French Language Services 2005-2009
Schedule A – Administrative
Procedures and Conditions Schedule B – Saskatchewan’s Action Plan Schedule C – Model for the certified final report on
outputs and actual expenditures
THIS AGREEMENT was concluded in French and in English this 28th day of March 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 SASKATCHEWAN, hereinafter called “Saskatchewan’, represented by the Minister of Government Relations of Saskatchewan.
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 Saskatchewan has adopted a French-Language services policy intended to be a constructive means for provincial departments, crown corporations and agencies to support the Fransaskois community´s development and vitality;
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/territorial collaboration for service delivery in the official language of the minority as one of the priority areas to foster renewed vitality to the country´s linguistic duality;
WHEREAS Canada and Saskatchewan wish to establish, through this Agreement, a general framework for the planning and implementation of various measures to increase the capability of the Government of Saskatchewan to deliver French-language services and support the development and vitality of the Francophone community of Saskatchewan;
AND WHEREAS Saskatchewan, as a member of the Ministerial Conference on the Canadian Francophonie, agreed in 2002 to a series of principles to provide a supportive environment for life in French in Canada;
THEREFORE this Agreement confirms that the parties hereto agree as follows:
“Federal Minister’ means the Minister of Canadian Heritage or anyone authorized to act on his/her behalf;
“Provincial Minister’ means the Provincial Minister of Government Relations of Saskatchewan or anyone authorized to act on his/her behalf;
“Ministers’ means the Federal Minister, the Provincial Minister and any other Ministers of Canada and Saskatchewan 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;
“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;
“Community’ means a group of individuals who identify themselves as belonging to a structured or informal group centred on a shared Francophone identity basis;
“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.
PURPOSE OF THE AGREEMENT
2.1 The purpose of this Agreement is to provide a multi-year collaboration framework between Canada and Saskatchewan to support the planning and delivery of quality French-language services for the Francophone community of Saskatchewan, and to support the structuring initiatives aimed at contributing to its development as presented in the strategic plan set out in Schedule B.
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 Saskatchewan to implement its strategic plan (Schedule B).
3.2 For the purposes of this Agreement, Saskatchewan´s strategic plan (Schedule B) includes:
3.2.1 a preamble:
describing the general orientations, objectives and priorities of the province for 2005-06 to 2008-09;
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 results up to 2008-09;
the strategies, initiatives and measures that will be undertaken to achieve these results;
the performance indicators selected to measure progress; and
the breakdown by objective of eligible forecasted expenditures and the respective contributions from both levels of
government.
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 Administraive Procedures and Conditions in Schedule A of this Agreement, Canada agrees to contribute to the eligible
expenses incurred by Saskatchewan 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 six
hundred thousand dollars ($2,600,000) or 50% of the total eligible expenses incurred each year, or:
For each fiscal year of this Agreement, Canada may provide Saskatchewan with financial support,
over and above the amount identified in paragraph 4.1, for one-time measures and projects proposed by Saskatchewan subject to
approval by the federal minister. These measures and projects will be included in a document to be attached to Saskatchewan´
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 Saskatchewan and the
maintenance of current and forecasted budget levels of the Department of Government Relations, Saskatchewan 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.
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 Saskatchewan´s
strategic plan (Schedule B).
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:
review the strategic plan to ensure that the objectives are being achieved and that the operating mechanisms
are efficient;
meet representatives of other federal and provincial ministries 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 Saskatchewan 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.
7.1 Canada and Saskatchewan agree that the contributions referred to in
paragraphs 4.1 and 4.2 apply only to the actions/measures described in Saskatchewan´s strategic plan (Schedule B), based on
the federal and provincial budget breakdown included in this Agreement.
ACCOUNTABILITY
8.1 Canada and Saskatchewan agree that they must be accountable to
Parliament, the provincial legislature and the general public for the proper use of funds provided under this Agreement and the
results achieved by these investments. Consequently, Saskatchewan 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 in each fiscal year by Saskatchewan and on the
actual expenditures incurred by the province between April 1 and March 31 of each fiscal year.
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 A of this Agreement.
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 Saskatchewan.
MEMBERS OF THE HOUSE OF COMMONS, THE SENATE OR THE LEGISLATIVE ASSEMBLY OF SASKATCHEWAN
10.1 No member of the House of Commons, the Senate nor the Legislative
Assembly of Saskatchewan may take part in this Agreement nor benefit from it in any way.
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.
COLLABORATION WITH OTHER PROVINCES AND TERRITORIES
12.1 Canada and Saskatchewan agree that it is important to
explore opportunities for collaboration between Canada, Saskatchewan and other provinces and territories for the provision of
quality services in French and support to the Francophone community development.
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 Saskatchewan on the implementation of services in French.
14.1 Canada shall not be liable for any injury, including death, or for any loss or damage to the property of Saskatchewan or anyone else, that occurs through the execution of this Agreement by Saskatchewan, 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.
14.2 Canada disclaims itself from any liability in the event that Saskatchewan 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.
INDEMNIFICATION
15.1 Saskatchewan 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 Saskatchewan 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 to mediation. The parties will bear the cost of mediation equally.
BREACH OF COMMITMENTS AND RECOURSE
17.1 The following constitute breach of commitments:
17.1.1 Saskatchewan, directly or through its representatives, makes or made a false declaration or a misrepresentation to Canada; or
17.1.2 Canada is of the opinion that one of the conditions or commitments included in this Agreement has not been fulfilled.
17.2 In the event of breach of commitments or if Canada believes that there is a risk of breach of commitments, Canada may avail itself of one or more of the following remedies:
17.2.1 Reduce Canada´s contribution to Saskatchewan and inform it accordingly;
17.2.2 Suspend any payment of Canada´s contribution, either with respect to amounts already owing or future payments;
17.2.3 Rescind this Agreement and immediately terminate any financial obligation arising out of it;
17.2.4 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 Saskatchewan. Saskatchewan shall immediately comply with all written demands.
17.3 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 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.
19.1 This Agreement shall be governed by and interpreted in accordance with the applicable statutes in Saskatchewan.
COMMUNICATIONS
20.1 Any communication concerning this Agreement intended for Canada shall be sent by mail to:
Director, Provincial Office
Department of Canadian Heritage
100 - 2201 11th Avenue
Regina, Saskatchewan S4P 0J8
20.2 Any communication concerning this Agreement intended for Saskatchewan shall be sent by mail to:
Deputy Minister
Department of Government Relations
Government of Saskatchewan
15 - 1855 Victoria Avenue
Regina, SK S4P 3V7
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 Saskatchewan 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 Saskatchewan in carrying out its strategic plan (Schedule B).
AMENDMENT OR TERMINATION
22.1 The parties may, with mutual written consent, amend or terminate this Agreement during the life of the said Agreement.
DESCRIPTION OF THE CONTRIBUTION AGREEMENT
23.1 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. Saskatchewan acknowledges having read the Agreement and agrees with the contents.
SCHEDULE A – Administrative Procedures and Conditions SCHEDULE B – Saskatchewan's Strategic Plan SCHEDULE C – Model - Certified final report on outputrs and actual expenditures for (Fiscal year)
IN WITNESS WHEREOF the parties hereto have signed this agreement on the date that appears on the second page.
ON BEHALF OF CANADA
Josée Verner
The Honourable Josée Verner
Minister of International Cooperation
Minister for La Francophonie and Official Languages
Witness
Denis Jolette
AND
Beverley J.Oda
The Honourable Harry Van Mulligen Minister of Canadian Heritage and Status of women
Witness
Joanne McNamara
ON BEHALF OF SASKATCHEWAN
Harry Van Mulligen
The Honourable Harry Van Mulligen Minister of Government Relations
