CANADA – ONTARIO AGREEMENT
ON FRENCH-LANGUAGE SERVICES
2005-06 – 2008-09
THIS AGREEMENT was concluded in French and in English this 19th day of May, 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 ONTARIO, hereinafter called Ontario, represented by the Minister Responsible for Francophone Affairs of Ontario.
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 the Government of Ontario, undertook to give the public the right to use French in communicating with and receiving services from government departments and agencies, by proclaiming the French Language Services Act, 1986;
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 French language minority as one of the priority areas to foster renewed vitality to the country's linguistic duality;
WHEREAS Canada and Ontario 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 Ontario to deliver French-language services and support the development and vitality of the Francophone community of Ontario;
AND WHEREAS Ontario, 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, this Agreement confirms that the parties hereto agree as follows:
1. DEFINITIONS
- "Federal Minister" means the Minister of Canadian Heritage or anyone authorized to act on his/her behalf;
- "Provincial Minister" means the Minister Responsible for Francophone Affairs of Ontario or anyone authorized to act on his/her behalf;
- "Ministers" means the Federal Minister, the Provincial Minister and any other Ministers of Canada and Ontario 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.
2. PURPOSE OF THE AGREEMENT
2.1 The purpose of this Agreement is to provide a multi-year collaboration framework to support the planning and delivery of quality French-language services for the Francophone community of Ontario, and to support the participation and promotion of Francophones to the political, social, cultural, economic, and community life of the province through structuring initiatives as presented in the strategic plan set out in Schedule B.
3. 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 Ontario to implement its strategic plan (Schedule B).
3.2 For the purposes of this Agreement, Ontario's strategic plan (Schedule B) includes:
3.2.1 a preamble:
- describing the general orientations, objectives and priorities of the Ontario for 2005-06 to 2008-09;
- describing the level of community involvement, if applicable, in the development of the strategic plan;
- providing the strategy the province/territory will use to implement the strategic plan and the data sources that will be used to measure the expected results; and
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 objectives of eligible forecasted expenditures and the respective contributions from both levels of government.
4. MAXIMUM AMOUNT OF THE CONTRIBUTION OF CANADA
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, to the Administrative Procedures and Conditions in Schedule A and to the terms of this Agreement, Canada agrees to contribute to the eligible expenses incurred by Ontario 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 50% of the total eligible expenses incurred each fiscal year. Accordingly, Canada's contribution to Ontario for each of the next four fiscal years shall be up to :
2005-06 $1,400,000
2006-07 $1,400,000
2007-08 $1,400,000
2008-09 $1,400,000
4.2 Special Project Funding
For each fiscal year of this Agreement, Canada may provide Ontario with financial support, over and above the amount identified in paragraph 4.1, for one-time measures and projects proposed by Ontario subject to approval by the federal minister. These measures and projects will be included in a document to be attached, for each fiscal year for which Ontario has special projects approved, to Ontario'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 Ontario and the maintenance of current and forecasted budget levels of various Ontario's ministries, Ontario 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.
5. ELIGIBLE EXPENSES
5.1 For the purposes of this Agreement, eligible expenses may include, but not be limited to among others, expenditures related to the planning, study, research, development and implementation of the activities supporting Ontario's strategic plan (Schedule B). Eligible expenses may also include salaries and benefits, professional fees, and administrative costs and expenses incurred by Ontario and associated with the activities supporting Ontario's strategic plan.
6. 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 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 Ontario 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. APPROVED ACTIONS/MEASURES AND BUDGETS
7.1 Canada and Ontario agree that the contributions referred to in paragraphs 4.1 and 4.2 apply only to the actions/measures described in Ontario's strategic plan (Schedule B), based on the federal and provincial budget breakdown included in this Agreement.
8. ACCOUNTABILITY
8.1 Canada and Ontario 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, Ontario 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 Ontario 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.
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 Ontario.
10. MEMBERS OF THE HOUSE OF COMMONS, THE SENATE OR THE LEGISLATIVE ASSEMBLY OF ONTARIO
10.1 No member of the House of Commons, the Senate nor the Legislative Assembly of Ontario may take part in this Agreement nor 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 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
12.1 Canada and Ontario agree that it is important to explore opportunities for collaboration between Canada, Ontario and other provinces and territories for the provision of quality services in French and support to the Francophone community development.
13. 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 Ontario on the implementation of services in French.
14. LIABILITY OF CANADA
14.1 Canada shall not be liable for any injury, including death, or for any loss or damage to the property of Ontario or anyone else, that occurs through the execution of this Agreement by Ontario, 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 Ontario 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.
15. INDEMNIFICATION
15.1 Ontario 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 Ontario or its employees, officers or agents in carrying out the activities described in this Agreement, unless such injury, death, loss or damage is caused by the negligence, willful misconduct or bad faith of Canada, the Minister of Canadian Heritage, their employees, officers or agents.
15.2 Canada shall indemnify Ontario, the Minister Responsible for Francophone Affairs, and their employees, officers and 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, unless such injury, death, loss or damage is caused by the negligence, willful misconduct or bad faith of Ontario, the Minister Responsible for Francophone Affairs, their employees, officers or agents.
16. DISPUTE RESOLUTION
16.1 In the event any dispute, difference or question (hereinafter referred to as the "dispute") arises between the parties concerning the construction, meaning, effect, implementation of or compliance with this Agreement, the party with the dispute shall provide written notice to the other party of the dispute. The parties shall consult in good faith to discuss the dispute and possible remedial action, which could take place to address it. This step shall be completed within 30 days from the date that one of the parties provided written notice of the dispute, unless the parties otherwise agree. If the dispute is addressed to the reasonable satisfaction of the party who raised the dispute, the dispute shall be deemed to be cured and shall not be the basis for further remedies or termination of this Agreement under paragraph 17.2.
16.2 In the event that the parties cannot resolve the dispute through the consultation as provided for in paragraph 16.1, either party may provide the other party with written notice of the need to submit to mediation, and the dispute shall be submitted to a mediator to be chosen by the parties from any trade, profession, or field of expertise that would in the opinion of the parties enable the mediator to deal effectively with the dispute. The parties agree to select a mediator within 30 days from the date that one of the parties provided written notice of the need to submit to mediation. The parties agree to bear the cost of mediation equally. If the dispute is resolved by the mediation, the dispute shall be deemed to be cured and shall not be the basis for further remedies or termination of this Agreement under paragraph 17.2.
16.3 In the event that the dispute is not resolved through mediation as provided for in paragraph 16.2, the dispute shall be referred to a single arbitrator within 30 days of the parties failing to reach a mediated settlement. The arbitrator shall be mutually agreed upon by the parties or, failing agreement, an arbitrator appointed pursuant to the Arbitration Act, 1991, S.O. 1991, c.17. The provisions of the Arbitration Act, 1991 shall apply to the arbitration. The arbitration shall be conducted at a time and place and in accordance with the procedure and rules to be determined by the arbitrator. The decision of the arbitrator shall be final and binding on the parties and no appeal will lie therefrom.
17. BREACH OF COMMITMENTS AND RECOURSE
17.1 The following constitute breach of commitments:
17.1.1 Ontario, 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 Subject to paragraphs 17.4 and 17.5, 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 upon giving notice in writing to Ontario of the breach:
17.2.1 Reduce Canada's contribution to Ontario 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 a refund of amounts already paid that were spent contrary to the terms of this Agreement.
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.
17.4 Before availing itself of any of the remedies in paragraph 17.2, Canada shall first provide Ontario with an opportunity to remedy the breach by giving Ontario written notice: (i) of the particulars of the breach; (ii) of the period of time within which Ontario is required to remedy the breach; and (iii) that Canada shall terminate this Agreement at the end of the notice period provided for in the notice if Ontario fails to remedy the breach within the time period specified in the notice.
17.5 In the event that Ontario disagrees with Canada that there has been a breach of commitments or that there is a risk of breach of commitments, Canada agrees to submit to the dispute resolution procedures in paragraph 16 and exhaust those procedures before availing itself of any of the remedies in paragraph 17.2.
18. ASSIGNMENT
18.1 This Agreement, or any benefit thereunder, may not be assigned without prior written approval from Canada.
19. APPLICABLE STATUTES
19.1 This Agreement shall be governed by and interpreted in accordance with the applicable statutes in Ontario.
20. COMMUNICATIONS
20.1 Any communication concerning this Agreement intended for Canada shall be sent by mail to:
Marie Moliner
Regional Executive Director,
Department of Canadian Heritage
150, John Street, Room 400
Toronto (Ontario) M5V 3T6
20.2 Any communication concerning this Agreement intended for Ontario shall be sent by mail to:
Marie-Lison Fougère
Assistant Deputy-Minister
Office of Francophone Affairs
4th Floor, Mowat Block
Toronto ON M7A 1C2
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
21.1 This Agreement binds Ontario 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 Ontario in carrying out its strategic plan (Schedule B).
22. AMENDMENT OR TERMINATION
22.1 The parties may, with mutual written consent, amend or terminate this Agreement during the life of the said Agreement.
23. 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. Ontario acknowledges having read the Agreement and agrees with the contents.
SCHEDULE A – Administrative Procedures and Conditions
SCHEDULE B – Ontario's Strategic Plan
SCHEDULE C – Model - Certified final report on outputs 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
Liza Frulla
________________________________
Minister of Canadian Heritage and Minister Responsible for Status of Women
IN THE PRESENCE OF
Jonathan Nagle
________________________________
Witness
ON BEHALF OF ONTARIO
Madeleine Meilleur
______________________________
Minister Responsible for Francophone Affairs
IN THE PRESENCE OF
Marie-Josée Lacroix
_______________________________
Witness