Agreement

Table of Contents

THIS AGREEMENT was concluded in English and French on this 29th day of March 2007,

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 NEW BRUNSWICK hereinafter called “New Brunswick”, represented by the Minister of the Office of Human Resources and Minister responsible for La Francophonie of New Brunswick.

WHEREAS English and French are the official languages of Canada, as recognized by the Constitution of Canada, as well as by the Official Languages Act, and whereas Canada recognizes its responsibilities and undertakings with respect to those languages;

WHEREAS section 23 of the Canadian Charter of Rights and Freedoms recognizes the right of Canadian citizens belonging to the English- or French-language minority in a province or territory to have their children educated in that language, at the elementary and secondary levels, where numbers of students warrant, and whereas this right includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds;

WHEREAS Canada is committed to enhancing the vitality of the official-language minority communities and to fostering the full recognition and use of both English and French in Canadian society, and whereas, in accordance with the Official Languages Act, the Minister of Canadian Heritage may, to this effect, take such measures, in particular, to encourage and assist provincial and territorial governments to provide members of the official-language minority communities education in their own language and to provide opportunities for everyone to learn both English and French as a second language;

WHEREAS New Brunswick recognizes that the concept of additional costs, as recognized by the Protocol, constitutes one of the premises on which Canada bases its financial support to New Brunswick;

WHEREAS education is under provincial jurisdiction;

WHEREAS New Brunswick , in the context of its responsibility for education, provides education in French in the province in accordance with section 23 of the Canadian Charter of Rights and Freedoms and its spirit, and instruction in French as a second language;

WHEREAS it is the responsibility of New Brunswick to determine the objectives, define the contents, set priorities and evaluate its programs in French first-language education and French second-language instruction;

WHEREAS Canada, in its Action Plan for Official Languages, hereinafter called “Canada's Action Plan”, released on March 12, 2003, identifies education as one of its priorities to provide new impetus to linguistic duality in the country;

WHEREAS New Brunswick acknowledges Canada's Action Plan;

WHEREAS Canada, in the Protocol for Agreements for Minority-Language Education and Second-Language Instruction 2005-2006 to 2008-2009 between the Government of Canada and the Council of Ministers of Education, Canada (CMEC), hereinafter called “Protocol”, concluded on November 3, 2005, reserves the right to approve complementary contributions in addition to the regular and additional funds identified in the Protocol;

WHEREAS Canada and New Brunswick acknowledge having concluded, as part of their cooperation in the area of education, agreements on minority language education and second-language instruction for 2005-06 to 2008-09;

AND WHEREAS Canada and New Brunswick, in accordance with the terms of this agreement, are prepared to allocate funds to support projects complementary to the regular programs and additional strategies in order to consolidate and improve the quality of existing French first-language education programs in New Brunswick;

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


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1. Definitions

  • 1.1 The following definitions apply to this agreement.

    “Protocol” refers to the collaboration agreement between the Department of Canadian Heritage and CMEC encompassing the bilateral agreements with the provinces and territories relative to minority language education and second-language instruction in Canada.

    “Regular programs” refers to the measures described in New Brunswick's action plan that are carried out in the maintenance and improvement of programs in French first-language education and French second-language instruction at all levels of instruction.

    “Regular funds” refers to the financial assistance provided by Canada to fund regular programs.

    “Additional strategies” refers to the measures described in New Brunswick's action plan and implemented under Canada's Action Plan.

    “Additional funds” refers to the financial assistance provided by Canada to fund additional strategies.

    “Complementary contribution(s)” refers to financial assistance provided by Canada to fund initiatives that set out to support the attainment of the objectives of Canada's Action Plan and the Protocol's priorities and that are complementary to the regular programs and additional strategies of the province.

    “Minority language” and “second language” refer to the two official languages of Canada: English and French. “Second language” means the second official language, either English or French. In the context of New Brunswick, minority language refers to French first-language, and second language refers to French.

    “Education” and “instruction”, unless otherwise specified, refer to all levels of the educational system - elementary, secondary, post-secondary (colleges and universities) and adult education - according to the definition generally accepted by Statistics Canada or agreed upon by Canada and New Brunswick.

    “Action plan” refers to a provincial plan describing strategic priorities, expected outcomes, performance indicators, measures to be implemented, projected expenditures and participation in minority language education and second-language instruction programs related to the attainment of the objectives of the Protocol.

    “Certified Financial Statement(s)” shall indicate, the budget for each of the planned measures in New Brunswick's action plan (Schedule 2), the respective provincial and federal contributions and, for each of these measures, all expenditures with regard to the projects funded for the given period, including those incurred after the signing of this agreement. The financial statement(s) shall be prepared in accordance with generally accepted accounting principles and shall be certified by a person duly authorized by New Brunswick.

    “Year” or “fiscal year”, unless otherwise specified, refers to the period beginning April 1 and ending March 31.

    “School year”, unless otherwise specified, refers to the period beginning July 1 and ending June 30.


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2. Purpose of the Agreement

  • 2.1 The purpose of this agreement is to establish a cooperation framework between Canada and New Brunswick for 2006-07 to support the projects in New Brunswick, as described in Schedule 2 of this agreement. These projects are designed to meet the educational needs in French first-language, namely the development and quality of programs and the cultural enrichment of French-language school environment, as well as the improvement of access to post-secondary education.


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3. Purpose of the Contribution

  • 3.1 Subject to the provisions of this agreement and in accordance with section 2, Canada and New Brunswick agree that Canada's complementary contribution shall be used for:

    • 3.1.1 the continuation of the implementation of the provincial pilot project School at the heart of the community; and

    • 3.1.2 the management of the “Consortium national de développement de ressources pédagogiques en français au collégial (CNDRPC)” and the development of educational projects.


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4. Provincial Action Plan

  • 4.1 For the purposes of this agreement, Canada and New Brunswick agree that New Brunswick shall provide an action plan, in accordance with the objectives described in section 2. New Brunswick's action plan (Schedule 2) shall be preceded by a preamble.

  • 4.2 The preamble of New Brunswick's action plan (Schedule 2) shall describe the following elements:

    • 4.2.1 the way New Brunswick's action plan (Schedule 2) contributes to the objectives set out in Canada's Action Plan and the priorities of the Protocol; and

    • 4.2.2 the complementary and non-duplicative nature of the measures included in the action plan under this agreement and the measures taken under the regular programs and additional strategies funded during the period covered by this agreement.

  • 4.3 New Brunswick's action plan (Schedule 2) shall present, for each linguistic objective, and for the period covered by this agreement, the following elements:

    • 4.3.1 the expected outcomes;

    • 4.3.2 the measures to be implemented to ensure that the expected outcomes are achieved;

    • 4.3.3 the performance indicators by which New Brunswick shall measure achievement of the outcomes; and

    • 4.3.4 a breakdown by measure and fiscal year of the estimated expenditures and Canada's and New Brunswick's financial contributions.


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5. Maximum Amount of Contribution

  • 5.1 Subject to the appropriation of funds by Parliament, to the maintenance of current forecasted budgetary levels to March 31, 2007, to the Development of Official-Language Communities Program, Minority Language Education Component, to the undertakings specified in the Protocol, to the commitments made within special agreements or arrangements, and to the terms and conditions of this agreement, Canada's total financial contribution shall be the lesser of seven hundred and fifty thousand dollars ($750,000) or fifty percent (50%) of the total eligible expenses incurred in 2006-07.

  • 5.2 Canada's financial contribution is conditional on New Brunswick's providing for each measure a financial contribution equivalent to or greater than of that of Canada for the implementation of its action plan (Schedule 2).

  • 5.3 Canada and New Brunswick recognize that Canada's financial contribution in a given fiscal year shall be provided to support the measures that shall be implemented during that period.

  • 5.4 The complementary contribution identified in subsection 5.1 shall be paid in addition to the regular and additional funds paid to New Brunswick under the Canada – New Brunswick Agreement on French First-Language Education and French Second-Language Instruction – 2005-06 to 2008-09, and shall be subject to separate accountability measures. Canada and New Brunswick agree that the complementary contribution approved under this agreement shall be included in the calculation of the total funding awarded to New Brunswick under Canada's Action Plan.

  • 5.5 Subject to the appropriation of funds by the Legislative Assembly of New Brunswick and the maintenance of current and forecasted budgetary levels for the Department of Intergovernmental and International Relations, New Brunswick agrees to contribute to the eligible expenses incurred under the terms of its action plan (Schedule 2) for the period covered by this agreement.

  • 5.6 The administrative terms and conditions governing the payment of Canada's financial contribution are set out in Schedule 1.


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6. Eligible Expenses

  • 6.1 For the purpose of this agreement, eligible expenses for each of the measures described in New Brunswick's action plan (Schedule 2) are those related to salaries and benefits, professional fees, administrative costs, and expenses related to purchasing or renting essential supplies and equipment, purchasing and producing educational materials and providing training.


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7. Availability of Materials

  • 7.1 New Brunswick agrees to take all reasonable measures to make available to any researcher, institution or provincial or territorial government, Canada and the general public any audio-visual aids, curriculum material, films, research, studies or other material developed through financial support provided for a project or activity by Canada. For this purpose, New Brunswick may catalogue this material and make it available to the public. New Brunswick also agrees that all the costs of providing such documents shall be calculated in light of the financial contribution made by Canada. Wherever possible, such costs shall be calculated solely on the basis of the costs associated with the provision of the said documents but not with the preparation thereof.


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8. Accountability

  • 8.1 Canada and New Brunswick 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 for the results achieved by these investments. Consequently, New Brunswick agrees to provide Canada, within six (6) months following the end of this agreement, with final certified financial statements for 2006-07 of its actual expenditures and an annual report on outcomes related to the province's complementary projects, based on the indicators prescribed in the provincial action plan (Schedule 2) for the year covered by 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 New Brunswick.

10. Members of The House of Commons, The Senate and The Legislative Assembly of New Brunswick

  • 10.1 No member of the House of Commons, the Senate or the Legislative Assembly of New Brunswick may take part in this agreement or 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 nor to any benefit arising from this agreement 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.


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12. Liability of Canada

  • 12.1 Canada shall not be liable for any injury, including death, or for any loss or damage to the property of New Brunswick or anyone else, that occurs through the execution of this agreement by New Brunswick unless such injury, loss or damage is caused by the negligence, willful misconduct or bad faith of Canada, the Minister of Canadian Heritage, or their employees, officers or agents.

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

13. Indemnification

  • 13.1 New Brunswick shall indemnify Canada, the Minister of Canadian Heritage and their employees, officers or agents and release them from any liability for claims, losses, damages, costs and expenses related to any injury or death or loss of or damage to property caused by New Brunswick or its employees, officers or agents in implementing the measures described in this agreement.

14. Dispute Resolution

  • 14.1 In the event of a dispute arising under this agreement, the parties agree 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 shall bear the cost of mediation equally.


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15. Breach of Commitments and Recourse

  • 15.1 The following constitute breach of commitments:

    • 15.1.1 New Brunswick, directly or through its representatives, makes or made a false declaration or a misrepresentation to Canada; or

    • 15.1.2 One of the conditions or commitments included in this agreement has not been fulfilled.

  • 15.2 In the event of breach of commitments, Canada may avail itself of the following remedies:

    • 15.2.1 reduce Canada's contribution to New Brunswick and inform it accordingly;

    • 15.2.2 suspend any payment of Canada's financial contribution, either with respect to amounts already owing or to future payments;

    • 15.2.3 rescind this agreement and immediately terminate any financial obligation arising therefrom;

    • 15.2.4 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 the Crown as soon as the demand is made on New Brunswick. New Brunswick shall immediately comply with all written demands.

  • 15.3 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.

16. Assignment

  • 16.1 This agreement, or any benefit hereunder, may not be assigned without prior written approval from Canada.

17. Applicable Statutes

  • 17.1 This agreement shall be governed by and interpreted in accordance with the applicable statutes of New Brunswick.


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18. Communications

  • 18.1 Any communication concerning this agreement intended for Canada shall be sent by mail to:

    Department of Canadian Heritage
    Gatineau, Quebec K1A 0M5

    Attention of:
    Director General, Official Languages Support Programs

  • 18.2 Any communication concerning this agreement intended for New Brunswick shall be sent by mail to:

    Department of Intergovernmental Affairs
    Province of New Brunswick
    Post Office Box 6000
    Fredericton, New Brunswick E3B 5H1

    Attention of:
    Director, Francophonie and Official Languages

  • 18.3 Any notice, information or document required under this agreement shall be deemed given if it is delivered, sent by facsimile, email or mail. Any notice delivered, sent by facsimile or email shall be deemed to have been received one working day after it is sent; any notice that is mailed shall be deemed to have been received eight (8) working days after being mailed.

19. Duration

  • 19.1 This agreement shall take effect on the date on which it is signed by all the parties and shall terminate, barring its cancellation beforehand, one year (365 days) after the expiry of the period of activities mentioned in subsection 19.2.

  • 19.2 Subject to subsection 19.3, all contributions to be paid by Canada in accordance with the provisions of this agreement shall apply only to the measures implemented and expenses incurred by New Brunswick in carrying out its action plan (Schedule 2) for the period commencing on April 1st, 2006 and ending on March 31st, 2007.

  • 19.3 Canada agrees that the period during which expenses can be charged against contributions for a given fiscal year may be extended to June 30 in order to take the school year into consideration. The period of activity set out in subsection 19.2 could therefore end on June 30, 2007.

  • 19.4 All the obligations of New Brunswick shall survive, explicitly or by reason of their nature, the cancellation or expiry of this agreement, until they are discharged or until they expire.


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20. Amendment or Termination

  • 20.1 The parties may, by mutual written consent, amend or terminate this agreement during the life of this agreement.

21. Content of Agreement

  • 21.1 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. The province acknowledges having read this agreement and agrees with the content.

    SCHEDULE 1 – Administrative Terms and Conditions
    SCHEDULE 2 – New Brunswick's action plan related to the complementary projects regarding official languages in education – 2006-07
    SCHEDULE 3 – Canada's Action Plan for Official Languages – Categories of Support and Areas of Intervention
    SCHEDULE 4 – Model – Certified Annual Report on Outcomes and Actual Expenditures

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

__________________
Name in block letters

Denis Jolette

__________________
Signature

AND

Beverley J. Oda

__________________

The Honourable Beverley J. Oda Minister of Canadian Heritage and Status of Women

Witness

Kristin Baldwin

__________________
Name in block letters

Kristin Baldwin

__________________
Signature

ON BEHALF OF NEW BRUNSWICK

Shawn Graham

__________________

The Honourable Shawn Graham Premier of New Brunswick and Minister of Intergovernmental Affairs

Witness

Mirelle Cyr

__________________
Name (print)

Mirelle Cyr

__________________
Signature

AND

Hédard Albert

__________________

The Honourable Hédard Albert Minister of the Office of Human Resources and Minister responsible for La Francophonie of New Brunswick

Witness

Lorraine Murphy

__________________
Name (print)

Lorraine Murphy

__________________
Signature

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