Compensation and Economic Development

JBNQA, subs. 25.1 

A. corr. 

25.2 Compensation for future development 

25.2.1 The James Bay Crees and the Inuit of Québec forever and absolutely renounce any and all claims, if any, past, present or future, against Québec with respect to royalties, mining duties, taxes or equivalent or similar benefits and revenues, derived and resulting from development and exploitation in the Territory. 

25.2.2 In full and final consideration of the absolute renunciation by the James Bay Crees and Inuit of Québec in the preceding paragraph, Québec shall pay to the James Bay Crees and the Inuit of Québec, in the proportions determined pursuant to the provisions of Sub-Section 25.4 and in the manner hereinafter set forth, an additional sum of $75,000,000 hereinafter referred to as the third $75,000,000. 

JBNQA, par. 25.2.2 

A. corr. 

25.2.3 Québec shall pay to the legal entities referred to in Sections 26 and 27 the third $75,000,000 by way of the issuance and delivery over a four-year period of $75,000,000 aggregate principal amount of Province of Québec debentures to be issued in five (5) series of $15,000,000 each. Each series shall be dated as of November 1, in each of the years 1975, 1976, 1977, 1978 and 1979, shall mature twenty (20) years from November 1, 1975, 1976, 1977, 1978 and 1979, respectively, shall bear interest from November 1, 1975, 1976, 1977, 1978 and 1979, respectively, notwithstanding their actual date of issue, and shall have the following characteristics : 

a) The debentures shall be direct obligations of the Province of Québec and a charge as to principal and interest on the consolidated revenue fund of the Province. 

b) Each holder of debentures so issued may elect that all or part of the debentures of each series held by it mature at par on the tenth or fifteenth anniversary dates of each respective issue upon not less than six (6) months nor more than twelve (12) months prior notice in each case. 

c) Principal and half-yearly interest in arrears shall be payable in lawful money of Canada. 

d) The debentures will be issued in fully registered form in the usual denominations of Québec debentures. 

e) The debentures shall not be transferable, except as between the James Bay Crees and the Inuit of Québec and/or their respective legal entities referred to in Sections 26 and 27. Notwithstanding the foregoing, the registered holder may assign payment of the principal on the debentures before maturity jointly to the registered holder and to a chartered bank or caisse populaire. 

f) The debentures shall not be redeemable by Québec prior to maturity and no sinking fund shall be created for their payment. 

In all other respects the debentures will contain all the usual features of long-term public issues of Québec debentures made on the Canadian market. 

JBNQA, par. 25.2.3 

A. corr. 

25.2.4 The rate of interest on each series of debentures shall be equal to the yield on the date of each series (November 1, 1975, 1976, 1977, 1978 and 1979) of similar issues of Québec debentures made on the Canadian market. Such rate shall be determined by a designated representative of the Department of Finance of Québec in consultation with one designated representative from each of the James Bay Crees and the Inuit of Québec. 

25.2.5 The debentures issued as provided above shall be delivered without cost to the legal entities referred to in Sections 26 and 27. 

25.2.6 Delivery of any series of debentures to be dated prior to the Agreement coming into force shall be made within thirty (30) days of the date of such coming into force of the Agreement with accrued interest if the delivery is made subsequent to an interest payment date and interest on any accrued interest from the date of such interest payment date. 

25.3 Taxation 

25.3.1 The Governments of Canada and Québec shall recommend to the Parliament of Canada and the Québec National Assembly, respectively, as part of the proposed legislation that will incorporate and confirm the provisions of the Agreement, that the total amount of $150,000,000 as monetary compensation referred to in Sub-section 25.1, the sum of $75,000,000 referred to in Sub-section 25.2, and the additional sums referred to in paragraphs 25.1.15 and 25.1.16, to be paid to the James Bay Crees and the Inuit of Québec, shall be exempt from all forms of taxation in respect of the said capital amounts and, more particularly, that the James Bay Crees and the Inuit of Québec or the legal entities which shall receive said capital amounts on behalf of the James Bay Crees or the Inuit of Québec shall not be required to include in the calculation of their income under the Income Tax Act of Canada and the Taxation Act of Québec any portion of the said capital amounts as income or as capital gains. The present paragraph shall not preclude the application of any exemptions under the laws of general application. 

JBNQA, par. 25.3.1 

A. corr. 

25.4 Formula for division of compensation between the James Bay Crees and the Inuit of Québec 

25.4.1 The monetary compensation payable to the James Bay Crees and the Inuit of Québec under this Section of the Agreement shall be divided between said parties as follows : 

a) The James Bay Crees shall receive such percentage of the said sum that is arrived at by multiplying by 100 the fraction obtained by dividing the total number of persons eligible under sub-paragraph 3.2.1 a) by the aggregate number of persons eligible under sub-paragraph 3.2.1 a) and paragraph 3.2.4. 

b) The Inuit of Québec shall receive such percentage of the said sum that is arrived at by multiplying by 100 the fraction obtained by dividing the total number of persons eligible under paragraph 3.2.4 by the aggregate number of persons eligible under sub-paragraph 3.2.1 a) and paragraph 3.2.4. 

25.4.2 For the purposes of making payments until the final number of eligible James Bay Crees and Inuit of Québec have been determined as set forth in sub-paragraphs 25.4.1 a) and 25.4.1 b) payments to the James Bay Crees and the Inuit of Québec or their designated payees shall be made as follows : 

a) For the period from execution of the Agreement through October 31, 1977, the James Bay Crees shall receive sixty percent (60%) and the Inuit of Québec forty percent (40%). 

b) Commencing November 1, 1977, after the final number of eligible James Bay Crees and Inuit of Québec have been determined, the scheduled payment against the first $75,000,000 due January 1, 1978 and the issue on November 1, 1977 of Québec debentures against the compensation for future development shall be so adjusted between the James Bay Crees and the Inuit of Québec so that all payments made pursuant to the provisions of this Section prior to said dates will be equal to the ratio set forth in sub paragraphs 25.4.1 a) and 25.4.1 b). 

c) Commencing with the payment due January 1, 1979 against the first $75,000,000 and with the issue of Québec debentures on November 1, 1978 all subsequent payments scheduled under this Section shall be divided between the James Bay Crees and the Inuit of Québec in the proportions determined according to sub-paragraphs 25.4.1 a) and 25.4.1 b). 

JBNQA, par. 25.4.2 

A. corr. 

25.5 Cost of negotiations 

Québec shall pay to the James Bay Crees and the Inuit of Québec as compensation in respect to the cost of the negotiations the following amounts : 

The James Bay Crees $2.2 million 

The Inuit of Québec $1.3 million 

The said amounts shall be paid to the legal entities provided for in Sections 26 and 27 immediately upon the Agreement coming into force. 

25.6 Financing during the transitional period 

25.6.1 Notwithstanding the provisions of paragraph 2.9.4, Québec undertakes that forthwith upon the execution of the Agreement it will advance $5,500,000 of Québec’s portion of $11,266,600 of the first payment on account of the first $75,000,000 to be made pursuant to Sub-section 25.1 in the form of loans to the interested Native parties for the benefit of the James Bay Crees and the Inuit of Québec to permit the said parties to participate in and act in consequence of the Transitional Measures provided for in Section 2. In consequence, Québec shall deposit in trust pursuant to paragraph 2.9.4 only the sum of $5,66,000 in respect of the first payment by Québec on account of the first $75,000,000. 

JBNQA, par. 25.6.1 

A. corr. 

25.6.2 The loans contemplated by paragraph 25.6.1 shall be for the following amounts : The James Bay Crees $3.3 million 

The Inuit of Québec $2.2 million 

25.6.3 The loans provided for in paragraph 25.6.2 shall bear no interest. However, when computing interest to be paid by Québec pursuant to the provisions of paragraph 25.1.6, the amount of the said loans made pursuant to paragraph 25.6.1 shall be deducted from the portions of the first $75,000,000. becoming payable by Québec during the transitional period as of the dates of the said loans. 

JBNQA, par 25.6.3 

A. corr. 

25.6.4 The James Bay Crees and the Inuit of Québec shall repay their respective loans to Québec upon the Agreement coming into force and concurrently with Québec paying to the James Bay Crees and the Inuit of Québec the amounts due under the provisions of Sub-Sections 25.1 and 25.2 and the cost of negotiations provided for in Sub-Section 25.5. 

In case the Agreement does not come into force, the said loans shall be forgiven. 

25.6.5 The parties agree to execute any documents required to give effect to this Sub Section. 

SECTION 26 

Cree Legal Entities 

26.0.1 The compensation payable to the Crees, pursuant to the provisions of Sub Sections 25.1 and 25.2 (collectively referred to herein as the “Compensation”), shall be made by payments to a corporation incorporated by a Special Act of the Province of Québec as a non-profit organization without pecuniary gain to its members, which corporation may be a foundation (herein referred to as the “Corporation” for the purposes of this Section). 

26.0.2 The Corporation shall be under the effective control of the Crees. All the Crees eligible pursuant to the criteria established in Section 3 of the Agreement, and no other persons, shall be members of the Corporation, and the qualifications for being eligible to vote for, and to hold office as, a director shall be as set forth in the Special Act referred to in paragraph 26.0.1. 

JBNQA, par. 26.0.2 

A. corr. 

26.0.3 The Corporation shall have its head office in the Province of Québec at a place within the limits of Category IA or IB lands at the option of the Crees, and Québec and Canada shall make the payments of the Compensation to the Corporation at the said head office. 

26.0.4 The purposes for which the Corporation shall be incorporated are the following : 

a) the reception, administration and investment of the Compensation payable to the Crees, pursuant to the provisions of the Agreement; 

b) the relief of poverty, the welfare and the advancement of education of the Crees; c) the development, the civic and other improvement of the Cree communities within the Territory. 

JBNQA, par. 26.0.4 

A. corr. 

26.0.5 The Corporation shall have, among other powers set forth in the Special Act of incorporation, the powers : 

a) to transfer to one (1) or more wholly-owned holding or venture capital corporations to be incorporated, either by Special Act of the National Assembly or under Québec laws of general application, not more than twenty-five percent (25%) of the compensation referred to in Sub Section 25.1 for the following purposes : 

i) to assist in the creation, financing or development of businesses, resources, properties and industries of the Crees; 

ii) to initiate, expand and develop opportunities for the Crees to participate in the economic development of their society through the application of their skills and capital; and 

iii) to invest in the securities of any corporation owning property or carrying on business directly related to the economic or other interests of the Crees. 

b) to transfer to one (1) or more wholly-owned or wholly-controlled corporations to be incorporated, either by Special Act of the National Assembly or under Québec laws of general application, or to some form of wholly-owned or wholly-controlled non-corporate entity with the approval of the Lieutenant Governor in Council, any amount which, when added to the amount transferred or used pursuant to paragraph 26.0.5 a) shall not aggregate more than twenty-five percent (25%) of the compensation referred to in Sub Section 25.1, exclusively for educational, community and other charitable activities of the Crees; 

c) to invest through one (1) or more wholly-owned corporations to be incorporated, either by Special Act of the National Assembly or under Qué bec laws of general application, the balance of the compensation referred to in Sub Section 25.1 which shall be not less than seventy-five percent (75%) or fifty percent (50%), respectively, of the compensation referred to in Sub Section 25.1 for the periods stipulated in paragraph 26.0.7 in investments described in Schedule 1 to this Section and thereafter, subject to the provisions of paragraph 26.0.6, as it deems appropriate and to use the revenues from such investments to support in any way judged appropriate any activities, whether social, community, business or otherwise, of the Crees. 

d) After twenty (20) years from the coming into force of the Agreement, subject always to paragraph 26.0.6, no restrictions as to the investment, use, transfer or re-transfer of the Compensation or revenues therefrom shall exist either for the Corporation or any of the corporations or entities to which any part of the Compensation or the revenues therefrom have been transferred. 

JBNQA, par. 26.0.5 

A. corr. 

26.0.6 In furtherance of the powers of the Corporation and the other entities herein contemplated or afterwards created, and subject to the restrictions herein contained, the Compensation and the revenues therefrom may be used only for community purposes, other undertakings of general benefit to the Cree people, or may be set aside for and distributed to the individual Cree communities mentioned in the Agreement, to be used to benefit the said communities, and furthermore the Corporation and any other entities contemplated hereby or afterwards created shall not distribute their assets in any manner whatsoever to, or pay dividends or make gifts to, or otherwise benefit, any individual as distinct from the community. 

26.0.7 During the ten (10) year period following the coming into force of the Agreement, not less than seventy-five percent (75%) and during the ten (10) year period next following, not less than fifty percent (50%) of the compensation referred to in Sub Section 25.1 shall be invested directly by the Corporation or through one (1) or more wholly-owned corporations in investments permitted under Schedule 1 to this Section. 

JBNQA, par. 26.0.7 

A. corr. 

26.0.8 The charter of the Corporation and, any instrument of creation or establishment of any other entity (corporate or otherwise) herein contemplated or afterwards created shall provide that their respective boards of directors or management shall be comprised of members of the Corporation to be selected on a basis guaranteeing at least one (1) representative for each Cree Community and, for a period of ten (10) years from the date of the coming into force of the Agreement, two (2) representatives selected by Québec and one (1) representative selected by Canada, who need not be members of the Corporation, after consultation with the other Cree directors. The charter and by-laws of the Corporation and the instrument of creation or establishment of any such entity shall provide that their respective boards of directors or management shall be composed of not less than eleven (11) and not more than twenty-eight (28) persons and that not less than seven (7) days prior notice must be given in respect of any meeting of any such board. The directors appointed by Québec and Canada shall not be remunerated, nor have their expenses paid, by the Corporation or any such entity. 

26.0.9 No voluntary winding-up or dissolution of the Corporation shall take place, and subject to the provisions of the Bankruptcy Act, no involuntary winding-up and dissolution of the Corporation shall take place without the prior approval of the Lieutenant-Governor in Council of the plan of distribution of the assets to the members of the Corporation after discharging its liabilities.

26.0.10 The provisions of this Section can only be amended with the consent of Québec, Canada, and the interested Native party. 

26.0.11 For a period of twenty (20) years from the date of the coming into force of the Agreement, any application to Québec for a Special Act of incorporation and/or for an incorporation pursuant to the general laws of Québec, by the Crees may be made only by instrument setting forth all of the powers and provisions requested, and no such application may be made without the Crees having received the prior consent of Canada to such powers and provisions. 

26.0.12 For a period of twenty (20) years from the constitution of the Corporation and/or of the other entities herein contemplated or afterwards created, any application for amendment to any such special Act and/or for supplementary letters patent, by the Crees may be made only after having received the prior consent of Canada. 

26.0.13 In addition to, or in substitution for, the corporations and/or entities contemplated hereby and which are wholly-owned or wholly-controlled by the Corporation, the Crees shall have the right up to but not later than the date the Agreement shall come into force, to propose the creation of other corporations and/or entities not wholly-owned or wholly-controlled by the Corporation but wholly-owned or wholly controlled by Crees or Cree communities, to which corporations and/or entities all or part of the monetary compensation may be transferred, the whole on such terms, conditions and for such purposes as may be mutually agreed upon by the Crees, Canada and Québec, following negotiations.

Annex 1 

(a) Bonds or other evidences of indebtedness issued or guaranteed by the government of the Province of Québec, of Canada or a province of Canada, of the United States of America or of any such states, by the International Bank of Reconstruction and Development, by a municipal or school corporation in Canada, or by a fabrique in the Province of Québec; 

(b) bonds or other evidences of indebtedness issued by a public authority having as its object the operation of a public service in Canada or any province thereof and entitled to impose a tariff for such service; 

(c) bonds or other evidences of indebtedness secured by the transfer to a trustee of an undertaking by Canada or any province of Canada to pay sufficient subsidies to meet the interest and principal at their respective maturities; 

(d) the bonds, debentures or other evidences of indebtedness of a corporation that are fully secured by a mortgage, charge or hypothec to a trustee or to the Corporation upon any, or upon any combination, of the following assets : 

(i) real estate or leaseholds; 

(ii) the plant or equipment of a corporation that is used in the transaction of its business; or 

(iii) bonds, debentures or other evidences of indebtedness or shares, of a class authorized hereunder as investments, or cash balances, if such bonds, debentures or other evidences of indebtedness, shares or cash balances are held by a trustee; 

and the inclusion, as additional security under the mortgage, charge or hypothec, of any other assets not of a class authorized hereunder as investments shall not render such bonds, debentures or other evidences of indebtedness ineligible as an investment; 

(e) obligations or certificates issued by a trustee to finance the purchase of transportation equipment for a corporation incorporated in Canada or the United States to be used on airlines, railways or public highways, if the obligations or certificates are fully secured by 

(i) an assignment of the transportation equipment to, or the ownership thereof by, the trustee, and (ii) a lease or conditional sale thereof by the trustee to the corporation; 

(f) the bonds, debentures or other evidences of indebtedness 

(i) of a corporation if, at the date of investment, the preferred shares or the common shares of the corporation are authorized as investments by paragraph (h) or (i); or 

(ii) of or guaranteed by a corporation where the earnings of corporation in a period of five years ended less than one year before the date of investment have been equal in sum total to at least ten times and in each of any four of the five years have been equal to at least one and one-half times the annual interest requirements at the date of investment on all indebtedness of or guaranteed by it other than indebtedness classified as a current liability under generally accepted accounting principles in the balance sheet of the corporation; and if the corporation at the date of investment owns directly or indirectly more than fifty per cent of the common shares of another corporation, the earnings of the corporations during the said period of five years may be consolidated with due allowance for minority interests, if any, and in that event the interest requirements of the corporations shall be consolidated and such consolidated earnings and consolidated interest requirements shall be taken as the earnings and interest requirements of the corporation; and for the purpose of this sub paragraph “earnings” means earnings available to meet interest charges on indebtedness other than indebtedness classified as a current liability under generally accepted accounting principles; 

(g) guaranteed investment certificates issued by a trust company incorporated in Canada if, at the date of investment, the preferred shares or the common shares of the trust company are authorized as investments by paragraph (h) or (i) or certificates of deposit and bearer discount notes of any Canadian chartered bank or of any savings and credit union; 

(h) the preferred shares of a corporation if 

(i) the corporation has paid a dividend in each of the five years immediately preceding the date of investment at least equal to the specified annual rate upon all of its preferred shares, or 

(ii) the common shares of the corporation are, at the date of investment, authorized as investments by paragraph (i); 

(i) the fully paid common shares of a corporation that during a period of five years that ended less than one year before the date of investment has either 

(i) paid a dividend in each such year upon its common shares, or 

(ii) had earnings in each such year available for the payment of a dividend upon its common shares, 

of at least four per cent of the average value at which the shares were carried in the capital stock account of the corporation during the year in which the dividend was paid or in which the corporation had earnings available for the payment of dividends, as the case may be; 

(j) real estate or leaseholds for the production of income in Canada, if 

(i) a lease of the real estate or leasehold is made to, or guaranteed by, 

(A) the government of Canada or any of the provinces, or an agency of the said governments, or 

(B) a corporation, the preferred shares or common shares of which are, at the date of investment, authorized as investments by paragraph (h) or (i), 

(ii) the lease provides for a net revenue sufficient to yield a reasonable interest return during the period of the lease and to repay at least eighty-five per cent of the amount invested in the real estate or leasehold within the period of the lease but not exceeding thirty years from the date of investment, and 

(iii) the total investment of the Corporation in any one parcel of real estate or in any one leasehold does not exceed two per cent of the book value of the total assets of the Corporation; 

and the Corporation may hold, maintain, improve, lease, sell or otherwise deal with or dispose of the real estate or leasehold; 

(k) real estate or leaseholds for the production of income in Canada, if 

(i) the real estate or leasehold has produced, in each of the three years immediately preceding the date of investment, net revenue in an amount that, if continued in future years, would be sufficient to yield a reasonable interest return on the amount invested in the real estate or leasehold and to repay at least eighty-five per cent of that amount within the remaining economic lifetime of the improvements to the real estate or leasehold but not exceeding forty years from the date of investment, and 

(ii) the total investment of the Corporation in any one parcel of real estate or in any one leasehold does not exceed two per cent of the book value of the total assets of the Corporation; 

and the Corporation may hold, maintain, improve, lease, sell or otherwise deal with or dispose of the real estate or leasehold; 

(l) debts secured by mortgages, charges and hypothecs, upon improved real estate or leaseholds in Canada, notwithstanding that the amount paid for such debts so secured by the mortgage, charge or hypothec exceeds 3/4 of the value of the real estate or leasehold, if the loan for which the mortgage, charge or hypothec is security is an approved loan or an insured loan under the National Housing Act (Canada) or any equivalent provincial legislation; 

(m) debts secured by hypothec or mortgage on real estate in Canada : 

(1) if payment of principal and interest is guaranteed or assured by the governments of Canada or of any province of Canada or any public authority therein; or 

(2) if the hypothec or mortgage ranks first and the amount of the debt is not more than seventy-five per cent of the value of the real estate securing payment thereof; 

(n) where a company owns securities of a corporation and as a result of a bona fide arrangement for the reorganization or liquidation of the corporation or for the amalgamation of the corporation with another corporation, such securities are to be exchanged for bonds, debentures or other evidences of indebtedness or shares not authorized as investments by the foregoing provisions of this Schedule, the Corporation may accept such bonds, debentures or other evidences of indebtedness or shares; 

(o) the total book value of the investments of the Corporation in common shares shall not exceed fifty (50) per cent of the book value of the total assets of the Corporation; 

(p) the total book value of the investments of the Corporation in real estate or leaseholds for the production of income shall not exceed ten per cent of the book value of the total assets of the Corporation; 

(q) the Corporation shall not invest any of its funds in bonds, debentures or other evidences of indebtedness on which payment of principal or interest is in default; 

(r) in order to secure total or partial payment of any amount owed to it, the Corporation may acquire and dispose of the real estate which secures such payment, and such real estate shall not be included in the restrictions pursuant to paragraph (j), (k) or (p). 

(s) The Corporation may invest its funds otherwise than as authorized in this Schedule, provided that the total amount of such investment does not exceed seven (7) percent of the book value of the total assets of the Corporation and that, in the case of investment in real estate, the total investment in real estate consisting of a single undertaking does not exceed one (1) percent of the book value of the total assets of the Corporation. 

JBNQA, Sch. 1 

A. corr.

SECTION 27 

Inuit Legal Entities 

27.0.1 The compensation paid to the Inuit pursuant to Sub Sections 25.1 and 25.2 (hereinafter collectively referred to as the “Compensation”) shall be for their exclusive use and benefit. A legal entity known as “La Société Inuit de Développement – The Inuit Development Corporation” (or such other name acceptable to Québec), to be incorporated in accordance with the provisions hereinafter set forth, shall receive the Compensation. 

27.0.2 La Société Inuit de Développement – The Inuit Development Corporation (hereinafter referred to as the “Corporation”) shall be incorporated by a Special Act of the National Assembly of Québec. 

27.0.3 The Corporation shall be without share capital and the only members shall be all Inuit eligible by virtue of Section 3A (referred to in this Section as the “Inuit”). 

JBNQA, par. 27.0.3 

Compl. A. no. 18, sch. 1, s. 20 

27.0.4 The purposes of the Corporation shall be: 

a) to receive the Compensation and to administer and invest the Compensation and the revenues therefrom; 

b) the relief of poverty, the welfare and the advancement of education of the Inuit; c) the development and the improvement of the Inuit communities. 

27.0.5 The Corporation shall have, among other powers set forth in the Special Act of incorporation, the powers: 

a) to transfer to one (1) or more wholly-owned holding or venture capital corporations to be incorporated, either by Special Act of the National Assembly or under Québec laws of general application, not more than twenty-five percent (25%) of the compensation referred to in Sub Section 25.1 for the following purposes: 

i) to assist in the creation, financing or development of businesses, resources, properties and industries of the Inuit; 

ii) to initiate, expand and develop opportunities for the Inuit to participate in the economic development of their society through the application of their skills and capital; and 

iii) to invest in the securities of any corporation owning property or carrying on business intended to directly relate to the economic or other interests of the Inuit. 

b) to transfer to one (1) or more wholly-owned or wholly-controlled corporations to be incorporated, either by Special Act of the National Assembly or under Québec laws of general application, or to some form of wholly-owned or wholly-controlled non-corporate entity with the approval of the Lieutenant Governor in Council, any amount which, when added to the amount transferred or used pursuant to paragraph 27.0.5 a) shall not aggregate more than twenty-five percent (25%) of the compensation referred to in Sub Section 25.1, exclusively for educational, community and other charitable activities of the Inuit. 

c) to invest through one (1) or more wholly-owned corporations to be incorporated, either by Special Act of the National Assembly or under Québec laws of general application, the balance of the compensation referred to in Sub Section 25.1, which shall be not less than seventy-five percent (75%) or fifty percent (50%), respectively, of the compensation referred to in Sub Section 25.1 for the periods stipulated in paragraph 27.0.7 in investments described in Schedule I to this Section and thereafter, subject to the provisions of paragraph 27.0.6, as it deems appropriate and to use the revenues from such investments to support in any way judged appropriate any activities, whether social, community, business or otherwise, of the Inuit. 

JBNQA, par. 27.0.5 

A. corr. 

27.0.6 In furtherance of the powers of the Corporation and the other entities herein contemplated or afterwards created, and subject to the restrictions herein contained, the Compensation and the revenues therefrom may be used only for community purposes, other undertakings of general benefit to the Inuit people, or may be set aside for and distributed to the individual Inuit communities mentioned in the Agreement, to be used to benefit the said communities, and furthermore the Corporation and any other entities contemplated hereby or afterwards created shall not distribute their assets in any manner whatsoever to, or pay dividends or make gifts to, or otherwise benefit, any individual as distinct from the community. 

27.0.7 During the ten (10) year period following the coming into force of the Agreement, not less than seventy-five percent (75%), and during the ten (10) year period next following, not less than fifty percent (50%) of the compensation referred to in Sub-section 25.1 shall be invested directly by the Corporation or through one (1) or more wholly-owned corporations in investments permitted under Schedule I to this Section. 

27.0.8 The charter of the Corporation and any instrument of creation or establishment of any other entity (corporate or otherwise) herein contemplated or afterwards created shall provide that their respective Boards of Directors or management shall be comprised of members of the Corporation over eighteen (18) years of age, to be selected on a basis guaranteeing at least one (1) representative for each Inuit Community and, for a period of eight (8) years from the date of the coming into force of the Agreement, which period may be extended for a further period of two (2) years upon the request of four (4) Inuit directors, two (2) representatives selected by Québec and one (1) representative selected by Canada who need not be members of the Corporation, after consultation with the other directors. The charter and by-laws of the Corporation and the instrument of creation or establishment of any such entity shall provide that their respective Boards of Directors or management shall be composed of not less than seventeen (17) and not more than twenty-five (25) persons and that not less than seven (7) days prior notice must be given in respect of any meeting of any such board. The directors appointed by Québec and Canada shall not be remunerated, nor have their expenses paid, by the Corporation or any such entity. 

27.0.9 No voluntary winding-up or dissolution of the Corporation shall take place, and subject to the provisions of the Bankruptcy Act, no involuntary winding-up or dissolution of the Corporation shall take place without the prior approval of the Lieutenant-Governor in Council of the plan of distribution of the assets to the members of the Corporation after discharging its liabilities. 

27.0.10 The provisions of this Section can only be amended with the consent of Québec, Canada, and the interested Native party. 

27.0.11 For a period of twenty (20) years from the date of the coming into force of the Agreement, any application to Québec for a Special Act of incorporation and/or for an incorporation pursuant to the general laws of Québec, by the Inuit may be made only by instrument setting forth all of the powers and provisions requested, and no such application may be made without the Inuit having received the prior consent of Canada to such powers and provisions. 

27.0.12 For a period of twenty (20) years from the constitution of the Corporation and/or of the other entities herein contemplated or afterwards created, any application for amendment to any Special Act and/or for supplementary letters patent, by the Inuit may be made only after having received the prior consent of Canada.

Annex 1 

(a) Bonds or other evidences of indebtedness issued or guaranteed by the government of the province of Québec, of Canada or a province of Canada, of the United States of America or of any such states, by the International Bank for Reconstruction and Development, by a municipal or school corporation in Canada, or by a fabrique in the Province of Québec; 

(b) bonds or other evidences of indebtedness issued by a public authority having as its object the operation of a public service in Canada or any province thereof and entitled to impose a tariff for such service; 

(c) bonds or other evidences of indebtedness secured by the transfer to a trustee of an undertaking by Canada or any province of Canada to pay sufficient subsidies to meet the interest and principal at their respective maturities; 

(d) the bonds, debentures or other evidences of indebtedness of a corporation that are fully secured by a mortgage, charge or hypothec to a trustee or to the Corporation upon any, or upon any combination, of the following assets: 

(i) real estate or leaseholds; 

(ii) the plant or equipment of a corporation that is used in the transaction of its business; or 

(iii) bonds, debentures or other evidences of indebtedness or shares, of a class authorized hereunder as investments, or cash balances, if such bonds, debentures or other evidences of indebtedness, shares or cash balances are held by a trustee; 

and the inclusion, as additional security under the mortgage, charge or hypothec, of any other assets not of a class authorized hereunder as investments shall not render such bonds, debentures or other evidences of indebtedness ineligible as an investment; 

(e) obligations or certificates issued by a trustee to finance the purchase of transportation equipment for a corporation incorporated in Canada or the United States to be used on airlines, railways or public highways, if the obligations or certificates are fully secured by: 

(i) an assignment of the transportation equipment to, or the ownership thereof by, the trustee, and (ii) a lease or conditional sale thereof by the trustee to the corporation; 

(f) the bonds, debentures or other evidences of indebtedness 

(i) of a corporation if, at the date of investment, the preferred shares or the common shares of the corporation are authorized as investments by paragraph (h) or (i); or 

(ii) of or guaranteed by a corporation where the earnings of corporation in a period of five years ended less than one year before the date of investment have been equal in sum total to at least ten times and in each of any four of the five years have been equal to at least one and one-half times the annual interest requirements at the date of investment on all indebtedness of or guaranteed by it other than indebtedness classified as a current liability under generally accepted accounting principles in the balance sheet of the corporation; and if the corporation at the date of investment owns directly or indirectly more than fifty per cent of the common shares of another corporation, the earnings of the corporations during the said period of five years may be consolidated with due allowance for minority interests, if any, and in that event the interest requirements of the corporations shall be consolidated and such consolidated earnings and consolidated interest requirements shall be taken as the earnings and interest requirements of the corporation; and for the purpose of this sub paragraph “earnings” means earnings available to meet interest charges on indebtedness other than indebtedness classified as a current liability under generally accepted accounting principles;

(g) guaranteed investment certificates issued by a trust company incorporated in Canada if, at the date of investment, the preferred shares or the common shares of the trust company are authorized as investments by paragraph (h) or (i) or certificates of deposit and bearer discount notes of any Canadian chartered bank or of any savings and credit union; 

(h) the preferred shares of a corporation if 

(i) the corporation has paid a dividend in each of the five years immediately preceding the date of investment at least equal to the specified annual rate upon all of its preferred shares, or 

(ii) the common shares of the corporation are, at the date of investment, authorized as investments by paragraph (i); 

(i) the fully paid common shares of a corporation that during a period of five years that ended less than one year before the date of investment has either 

(i) paid a dividend in each such year upon its common shares, or 

(ii) had earnings in each such year available for the payment of a dividend upon its common shares, 

of at least four per cent of the average value at which the shares were carried in the capital stock account of the corporation during the year in which the dividend was paid or in which the corporation had earnings available for the payment of dividends, as the case may be; 

(j) real estate or leaseholds for the production of income in Canada, if 

(i) a lease of the real estate or leasehold is made to, or guaranteed by, 

(A) the government of Canada or any of the provinces, or an agency of the said governments, or 

(B) a corporation, the preferred shares or common shares of which are, at the date of investment, authorized as investments by paragraph (h) or (i), 

(ii) the lease provides for a net revenue sufficient to yield a reasonable interest return during the period of the lease and to repay at least eighty-five per cent of the amount invested in the real estate or leasehold within the period of the lease but not exceeding thirty years from the date of investment, and 

(iii) the total investment of the Corporation in any one parcel of real estate or in any one leasehold does not exceed two per cent of the book value of the total assets of the Corporation; 

and the Corporation may hold, maintain, improve, lease, sell or otherwise deal with or dipose of the real estate or leasehold; 

(k) real estate or leaseholds for the production of income in Canada, if 

(i) the real estate or leasehold has produced, in each of the three years immediately preceding the date of investment, net revenue in an amount that, if continued in future years, would be sufficient to yield a reasonable interest return on the amount invested in the real estate or leasehold and to repay at least eighty-five per cent of that amount within the remaining economic lifetime of the improvements to the real estate or leasehold but not exceeding forty years from the date of investment, and 

(ii) the total investment of the Corporation in any one parcel of real estate or in any one leasehold does not exceed two per cent of the book value of the total assets of the Corporation; 

and the Corporation may hold, maintain, improve, lease, sell or otherwise deal with or dispose of the real estate or leasehold; 

(l) debts secured by mortgages, charges and hypothecs, upon improved real estate or leaseholds in Canada, notwithstanding that the amount paid for such debts so secured by mortgage, charge or hypothec exceeds ¾ of the value of the real estate or leasehold, if the loan for which the mortgage, charge or hypothec is security is an approved loan or an insured loan under the National Housing Act (Canada) or any equivalent provincial legislation. 

(m) debts secured by hypothec or mortgage on real estate in Canada: 

(1) if payment of principal and interest is guaranteed or assured by the governments of Canada or of any province of Canada or any public authority therein; or 

(2) if the hypothec or mortgage ranks first and the amount of the debt is not more than seventy-five per cent of the value of the real estate securing payment thereof; 

(n) where a company owns securities of a corporation and as a result of a bona fide arrangement for the reorganization or liquidation of the corporation or for the amalgamation of the corporation with another corporation, such securities are to be exchanged for bonds, debentures or other evidences of indebtedness or shares not authorized as investments by the foregoing provisions of this Schedule, the Corporation may accept such bonds, debentures or other evidences of indebtedness or shares; 

(o) the total book value of the investments of the Corporation in common shares shall not exceed fifty (50) percent of the book value of the total assets of the Corporation; 

(p) the total book value of the investments of the Corporation in real estate or leaseholds for the production of income shall not exceed ten per cent of the book value of the total assets of the Corporation; 

(q) the Corporation shall not invest any of its funds in bonds, debentures or other evidences of indebtedness on which payment of principal or interest is in default; 

(r) in order to secure total or partial payment of any amount owed to it, the Corporation may acquire and dispose of the real estate which secures such payment, and such real estate shall not be included in the restrictions pursuant to paragraph (j), (k) or (p). 

(s) the Corporation may invest its funds otherwise than as authorized in this Schedule, provided that the total amount of such investment does not exceed seven (7) percent of the book value of the total assets of the Corporation and that, in the case of investment in real estate, the total investment in real estate consisting of a single undertaking does not exceed one (1) percent of the book value of the total assets of the Corporation. 

JBNQA, Sch. 1 

A. corr.

SECTION 28 

Economic and Social Development – Crees 

28.1 Preliminary provisions 

28.1.1 Programs, funding and technical assistance presently provided by Canada and Québec, and the obligations of the said governments with respect to such programs and funding shall continue to apply to the James Bay Crees on the same basis as to other Indians of Canada in the case of federal programs, and to other Indians in Québec in the case of provincial programs, subject to the criteria established from time to time for the application of such programs, and to general parliamentary approval of such programs and funding. 

The foregoing terms, conditions, obligations an criteria will apply to all federal programs referred to in this Section. 

28.1.2 Subject to paragraph 28.1.1, Canada and Québec shall continue to assist and promote the efforts of the James Bay Crees and more specifically undertake, within the terms of such programs and services as are established and in operation from time to time, to assist the James Bay Crees in pursuing the objectives set forth herein in Sub Sections 28.4 to 28.16. 

28.2 Cree Development Corporation 

28.2.1 There shall be established by special legislation of the National Assembly a Cree Development Corporation (the "CDC"). 

JBNQA, par. 28.2.1 

A. corr. 

Compl. A. no. 14, s. 3 

28.2.2 The CDC will be dedicated to the economic and community development of the James Bay Crees. The CDC will act as a modern development organization with the mandate of: 

a) supporting the long-term development of each Cree community; 

b) developing an original Cree expertise in the field of economic development and the management of development funds; 

c) promoting and accelerating job creation for the Crees on the James Bay Territory; d) making the Crees active partners of Québec in the economic development of the James Bay Territory; 

e) assisting, promoting and encouraging the creation, diversification or development of businesses, resources, properties and industries with a view to stimulating economic opportunities for James Bay Crees and contributing to their general economic wellbeing. 

JBNQA, par. 28.2.2 

Compl. A. no. 14, s. 3 

28.2.3 The CDC will facilitate the establishment of partnerships between the Crees and Québec as well as with public and private enterprises for the carrying out of development activities on the James Bay Territory. 

JBNQA, par. 28.2.3 

A. corr. 

Compl. A. no. 14, s. 3

28.2.4 The shareholder of the CDC shall be the Cree Regional Authority. 

JBNQA, par. 28.2.4 

A. corr. 

Compl. A. no. 14, s. 3 

28.2.5 The CDC will be managed by a board of directors composed of eleven (11) members. Five (5) members will be appointed by the Cree Regional Authority. Five (5) members will be appointed by Québec. The Chairperson of the CDC shall be appointed among the Crees by the Cree Regional Authority after consultation with Québec on this matter in order to attempt to appoint a Chairperson who is mutually acceptable. The directors appointed by Québec shall have one (1) vote each on the board of directors and the directors appointed by the Cree Regional Authority, including the Chairperson, shall have two (2) votes each on the board of directors. 

JBNQA, par. 28.2.5 

Compl. A. no. 14, s. 3 

28.2.6 The number of directors to the CDC may be increased with the consent of the Cree Regional Authority and Québec insofar as the control of the CDC remains in the hands of its directors appointed by the Cree Regional Authority. 

JBNQA, par. 28.2.6 

A. corr. 

Compl. A. no. 14, s. 3 

28.2.7 The Corporation may submit from time to time specific projects to Canada for funding of such projects and Canada shall provide funding for such projects within the scope of programs and criteria existing from time to time if such projects directly benefit the James Bay Crees and are justified on the basis of economic criteria. The same provisions shall apply to provincial programs. Applications made by the Corporation under this paragraph shall in no way prejudice the James Bay Crees, the Cree Regional Authority, the Société de développement de la Baie James, the Corporation or other bodies under their control from any right to benefits they may be entitled to receive under existing federal or provincial programs. 

JBNQA, par. 28.2.7 

A. corr. 

28.2.8 Nothing contained herein shall preclude Canada and Québec from making appropriate arrangements for administration and funding of programs in accordance with the general terms and conditions of the Agreement. 

JBNQA, subs. 28.2 

Compl. A. no. 14, s. 3 

28.3 Objects of the James Bay Native Development Corporation 

28.3.1 (Repealed). 

JBNQA, par. 28.3.1 

A. corr. 

Compl. A. no. 14, s. 3 

28.3.2 (Repealed). 

JBNQA, par. 28.3.2 

Compl. A. no. 14, s. 3

28.3.3 (Repealed). 

JBNQA, par. 28.3.3 

A. corr. 

Compl. A. no. 14, s. 3 

28.3.4 (Repealed). 

JBNQA, par. 28.3.4 

Compl. A. no. 14, s. 3 

28.3.5 Nothing in this Section shall be deemed to preclude either the Société de développement de la Baie James or the Cree Regional Authority or its nominee from developing independently any economic venture. The said parties retain the right to operate alone or together with a third party for development purposes. 

JBNQA, par. 28.3.5 

A. corr. 

28.4 Cree Associations 

28.4.1 Subject to the positive conclusions of the necessary feasibility studies involving the Crees to the greatest extent possible and to the availability of funds, Canada and/or Québec will assist the Crees with funding and technical advice in establishing, as soon as possible, as described herein : 

a) a Cree Trappers’ Association; 

b) a Cree Outfitting and Tourism Association; 

c) a Cree Native Arts and Crafts Association. 

28.5 Cree Trappers’ Association 

28.5.1 As soon as possible, following the execution of the Agreement, feasibility studies respecting the formation of a Cree Trappers’ Association shall be undertaken jointly by Canada, Québec and the Cree Regional Authority. 

28.5.2 The parties referred to at paragraph 28.5.1 shall examine the possibility of the formation of a Joint Founding Committee involving representation from the Cree communities to assist and participate in the feasibility studies. 

28.5.3 The feasibility studies shall involve consultation with individual Cree trappers or groups of trappers within each community. 

28.5.4 The feasibility studies shall, if possible, be completed by July 1, 1976. 

28.5.5 The feasibility studies respecting the Cree Trappers’ Association shall consider and contain recommendations respecting the following matters : 

a) A trapline development program including measures respecting camps, communication and travel facilities. 

b) Improved trapper capability including measures to increase availability of and sources of funds for equipment, supplies and transportation. 

c) Fur marketing and promotion to increase the trappers’ returns including fur collection services. 

d) Improved biological production including habitat improvement, species rehabilitation and wildlife surveys.

e) Trappers’ training programs, courses on fur grading, marketing and fur depot management. f) Transfer to the Association of appropriate government services and programs related to trapping. g) Possible development of other sectors of the fur industry. 

h) Program management and administration. 

i) Physical facilities necessary for the operation of the Association. 

j) Objects, funding and administration of the Cree Trappers’ Association including inter alia the respective participation of the federal and provincial and Cree governments in funding. 

28.5.6 Subject to the results of the feasibility studies and in the event that a Cree Trappers’ Association is established, Canada, Québec and the Cree Regional Authority, in a proportion to be mutually agreed upon shall assist the Association to the extent possible with funding with respect to its objects including : 

a) Programs to be operated by the Cree Trappers’ Association. 

b) Capital funding for physical facilities in each Cree community as well as central facilities, if necessary, and for loan funds. 

c) Costs connected with the operation of the Association. 

28.6 Cree Outfitting and Tourism Association 

28.6.1 As soon as possible following the execution of the Agreement and subject to the results of the feasibility studies referred to in paragraph 28.4.1 there shall be established a Cree Outfitting and Tourism Association which shall inter alia : 

a) Provide marketing, booking and promotion services for Cree outfitting operations. b) Provide business, management, accounting and professional services for Cree outfitters. 

c) Conduct feasibility studies related to establishment or siting of individual outfitting facilities or a network of outfitting facilities. 

28.6.2 Subject to the results of the feasibility studies and in the event that a Cree Outfitting and Tourism Association is established, Canada, Québec and the Cree Regional Authority, in a proportion to be mutually agreed upon shall assist the Association in its operation and objects. 

28.7 Cree Native Arts and Crafts Association 

28.7.1 There is established a Cree Native Arts and Crafts Program which shall include the structures, services, procedures, functions and agencies provided for in this Sub Section. 

28.7.2 As soon as possible following the execution of the Agreement subject to the results of the feasibility studies referred to at paragraph 28.4.1 there shall be established a Cree Native Arts and Crafts Association which shall be responsible for and supervise the programs for the development of Native Arts and Crafts and a local Arts and Crafts Committee, in each Cree community. 

28.7.3 The Chairman of the each Local Arts and Crafts Committee shall have a seat on the Board of Directors of the Cree Native Arts and Crafts Association. 

28.7.4 The Cree Native Arts and Crafts Association shall establish a Cree Central Marketing Service which shall assist individual Crees or Cree communities in the marketing and related services for Cree Arts and Crafts and shall make available to Cree individuals or Cree communities such material or equipment as may be required for the creation of native arts and crafts.

28.7.5 Subject to the results of the feasibility studies and in the event that a Cree Native Arts and Crafts Association is established, Canada, Québec and the Cree Regional Authority, in a proportion to be mutually agreed upon shall assist the Association in its operation and objects. 

28.8 Joint Economic and Community Development Committee 

28.8.1 There is established the Joint Economic and Community Development Committee (hereinafter referred to as “the Committee”) a body for the Cree people, Québec and Canada jointly to review and make recommendations respecting the establishment, expansion, operation and effectiveness of government economic development, community development and other programs related to the economic and social development of the Cree people. 

28.8.2 The Committee shall be composed of 9 members. Canada and Québec shall each appoint 2 members and the Cree Regional Authority shall appoint 5 members. The parties shall pay the expenses and remuneration of their own members. The size or composition of the Committee may be altered from time to time by mutual consent of the parties to the Committee. 

28.8.3 The specific functions of the Committee shall be, inter alia to : 

a) Review and recommend measures concerning governmental services and programs related to promotion of economic and social development including : 

i) needs for and the operations and effectiveness of vocational, upgrading and other training programs including receipt of proposals from local or regional authorities for such programs; 

ii) the operation, including staff requirements, of job placement and recruitment services; 

iii) Cree employment on various government bodies on a priority basis and with respect to Cree priority in the awarding of various project contracts; 

iv) business assistance programs, funding management and financial advice. 

b) Examine and make recommendations respecting the availability, improvement or modifications of community development programs. 

c) Offer to and secure from economic development officers in the communities advice respecting all work related to their functions and involve such officers in the meetings and work of the council. 

d) Assist Cree entrepreneurs in obtaining capital, funding and technical expertise. 

e) Examine and make recommendations concerning the possibility of the delegation of the administration of government programs to Cree regional or local authorities. 

28.9 Training courses, job recruitment and placement 

28.9.1 Canada and Québec shall, on proposals from the Cree local governments or Cree Regional Authority, provide, within their budgetary restraints to Cree individuals or groups the full range of training programs or facilities and of job recruitment and placement services they require in order to qualify for jobs created by existing or planned developments in the Territory, and assume the costs of such programs and facilities. 

28.9.2 The programs shall be of such nature as to qualify candidates to meet the specific requirements of existing and eventual job and business opportunities in Cree settlements, in the Territory and elsewhere and particularly in the economic sectors related to the associations established and the undertakings contained in this Section.

28.9.3 Québec and Canada shall assure that uniligual Cree candidates who successfully complete training courses shall have the right to be examined either in the Cree language or with the assistance of a translator. Applicants for jobs in the public service will, however, be required to possess sufficient knowledge of one of the two official languages, as may be specified. 

28.9.4 All candidates who complete a training program and pass the examination should be assured of either apprentice card certification or official qualification permits so as to qualify to be employed in the field of such training. 

28.9.5 The two governments shall maintain the number of offices mutually agreed upon between the James Bay Crees and the governments concerned in or near the Cree communities required for the delivery of manpower programs and services. 

JBNQA, par. 28.9.5 

A. corr. 

28.10 Cree participation in employment and contracts 

28.10.1 The number of Cree people employed by government within the Territory and in particular at the senior and management levels shall increase as rapidly as possible given the projected requirements and turnovers of existing staff and the number of Cree candidates subject to pre-required qualifications, experience and training. 

28.10.2 With respect to employment in government services, the government shall to the extent possible follow a policy that assures that : 

a) The requirements of the Public Service Commission and other requirements for employment in the public service allow qualified Crees access to government jobs. 

b) Recruitment shall be done in all Cree communities for any positions open within the government services in the Territory. 

c) Vocational, administrative and management training shall be provided to Crees interested in being employed in government services. 

d) Cree individuals successfully completing training courses shall be placed in government services to the fullest extent possible. 

e) Cree individuals placed in government services and who demonstrate potential shall be given job training and training courses needed for job advancement especially for managerial positions. 

28.10.3 For projects initiated or conducted by Canada or Québec or their agencies, delegates, or contractors, and for projects by any proponent a major purpose of which is to provide goods or services to or for the benefit of Cree communities the governments shall take all reasonable measures to establish Cree priority in respect to employment and contracts created by such projects : 

a) In respect to employment on such projects, Canada and Québec shall, inter alia : 

i) interpret requirements for various categories of jobs so that Cree people able to perform the work shall be deemed to be eligible; 

ii) advertise available jobs in the Cree Community or in employment offices therein at the same time as such jobs are advertised to the general public; 

iii) to the extent permissible under government contract regulations hire a qualified Cree person before hiring a non-Native person for each available job;

iv) provide Cree employees on-the-job training needed for job advancement. 

b) In respect to contracts arising from such projects, including requirements that the proponents : 

i) design contract packages to provide to the Crees a reasonable opportunity to submit competitive tenders; 

ii) post calls for tenders in a public place in all Cree communities on the date on which the general public is made aware of such calls for tenders; 

iii) set the date, location, terms and conditions for tendering so that Cree individuals or groups may reply with reasonably ease. 

28.10.4 Québec and Canada shall take all reasonable measures, including but not limited to regulations, to establish priority to available and duly qualified local persons or entrepreneurs in respect to contracts and employment created by development in the Territory. 

28.11 Community services 

28.11.1 Subject to the extent of financial participation possible by Canada, Québec and the Cree communities and to the priorities mutually agreed to by the interested parties at the time annual budgets are discussed and prepared, Québec and Canada shall provide funding and technical assistance for : 

a) The construction or provision of a community centre in each Cree community. b) Essential sanitation services in each Cree community. 

c) Fire protection including the training of Crees, the purchase of equipment and, when necessary, the construction of facilities in each Cree community. 

28.11.2 Canada and Québec shall provide where appropriate each Cree community with the following programs and personnel : 

a) An Economic Development Agent to provide expert business consultation and promotion. b) Community affairs services including a community worker or workers. 

28.11.3 Arrangements may also be made from time to time between the James Bay Crees and the James Bay Municipality in the form of service agreements in order to assist in the establishment of municipal services, or to improve or add to same. 

28.12 Assistance to Cree entrepreneurs 

28.12.1 Canada and Québec shall, within the scope of services and facilities existing from time to time, provide assistance to Cree individuals or groups to establish, own, operate, expand or modernize business enterprises. Such services shall include assistance for feasibility studies, economic planning, obtaining of permits, job or management training, technical matters, funding equipment, physical plant and operations. 

28.12.2 Within Cree settlements emphasis shall be given to enterprises in the service sector which will provide for an identifiable demand and which will create employment for Crees and economic benefits for the economy of the settlement as a whole through significant multiplier effects. 

28.12.3 In general, assistance to Cree entrepreneurs shall expand, develop and diversify opportunities for Cree people to participate in and benefit from the economic development of the Territory, and particularly in those sectors where Cree skills and resources may contribute to such overall development, such as service enterprises, resource exploration, construction and maintenance work, and natural resource enterprises, the purpose of which is to exploit and protect the living and non-living resources of the Territory. 

28.12.4 Canada through the Economic Development Program of the Department of Indian Affairs and Northern Development or its successor program shall provide economic and technical assistance to Cree individuals, groups or communities who wish to establish, own or operate commercial fisheries operations in the Territory and Québec shall take all reasonable measures to encourage such operations. 

28.13 Undertakings concerning research affecting Crees 

28.13.1 Subject to the provisions which may apply from time to time, Canada and Québec will advise local Native authorities when undertaking field studies as part of research projects affecting the cultural and social life of the Native people and shall seek their advice as to the best way to carry out these field studies. 

28.14 Friendship Centres 

28.14.1 Québec and Canada shall continue to the extent possible funding and other assistance for facilities, programs, services and organizations such as Friendship Centres existing or which may exist from time to time outside Cree communities for the purpose of assisting Cree persons residing, working or temporarily in non-native communities or in transit. 

28.15 Assistance to Cree local and regional governments and authorities 

28.15.1 Canada shall, subject to departmental directives existing from time to time, provide Cree local governments and the Cree Regional Authority CORE with funding for the conduct of their internal administration and other funds to cover administrative costs of governmental programs delegated to the said governments and/or Authority. 

JBNQA, par. 28.15.1 

A. corr. 

28.16 Roads to Cree communities 

28.16.1 Negotiations will continue between Canada, Québec and the James Bay Crees to construct and maintain access roads to join the settlements of Eastmain, Paint Hills and Rupert House to the main Fort George - Matagami road. 

JBNQA, subs. 28.16 

A. corr. 

28.17 Other Provisions 

28.17.1 For the period from April 1st, 2002 to March 31st, 2052, the Crees shall assume the obligations of Québec, Hydro-Québec and la Société d'énergie de la Baie James to the Crees under the provisions of the James Bay and Northern Québec Agreement hereinafter set forth and concerning Economic development and Community development: 

a) Economic development: 

– 28.5 and 24.3.24: Cree Trappers' Association (operation and programs); 

– 28.6: Cree Outfitting and Tourism Association (operation); 

– 28.7: Cree Native Arts and Crafts Association (operation and programs); 

– 28.11.2 a): an Economic Development Agent per community;

– 28.12: assistance to Cree Entrepreneurs. 

b) Community development: 

– 8.8.2: supply of electricity to isolated northern communities (by Hydro-Québec) in respect to Waskaganish and Whapmagoostui, subject to Hydro-Québec maintaining the current arrangements as to the supply of electricity to Whapmagoostui and subject to the connection by Hydro-Québec to the Hydro Québec network of Waskaganish within five (5) years hereof and of Whapmagoostui as soon as possible as provided in a separate agreement between Hydro-Québec and the Cree Regional Authority; 

– 8.14.2: encouragement by the Société d'énergie de la Baie James and Hydro-Québec of training programs for the Crees; 

– 8.14.3: study by the Société d'énergie de la Baie James and Hydro-Québec of the implementation of a training program for the Crees; 

– 28.9.1, 28.9.2, 28.9.5: training programs or facilities, offices, job recruitment and placement services; – 28.11.1 a): community centre in each Cree community; 

– 28.11.1 b): essential sanitation services in Cree communities; 

– 28.11.1 c): fire protection including training, equipment and facilities; 

– 28.11.2 b): community affairs services; 

– 28.14: assistance for friendship centres outside communities; 

– 28.16: construction of access roads for Eastmain, Wemindji and Waskaganish (but not the maintenance of these roads which will continue to be assumed by the governments). 

JBNQA, par. 28.17.1 

A. corr. 

Compl. A. no. 14, s. 5 

28.17.2 For the period from April 1st, 2002 to March 31st, 2052, Québec shall pay to the Recipient of Funding designated by the Grand Council of the Crees (Eeyou Istchee), on behalf of the James Bay Crees, an annual amount so that the James Bay Crees may assume for that period the obligations of Québec, Hydro-Québec and la Société d'énergie de la Baie James to the Crees under the provisions of the James Bay and Northern Québec Agreement set forth in paragraph 28.17.1 and concerning Economic development and Community development. 

Compl. A. no. 14, s. 5 

28.17.3 This annual payment from Québec for the first three (3) Financial Years shall be as follows: a) for the 2002-2003 Financial Year: twenty-three million dollars ($23 million); b) for the 2003-2004 Financial Year : forty-six million dollars ($46 million); c) for the 2004-2005 Financial Year: seventy million dollars ($70 million). 

Compl. A. no. 14, s. 5 

28.17.4 For each subsequent Financial Year between April 1st, 2005 and March 31st, 2052, the annual payment from Québec shall be the higher of the two following amounts: 

a) Seventy million dollars ($70 million); or 

b) an amount corresponding to the indexed value of the amount of seventy million dollars ($70 million) as of the 2005-2006 Financial Year in accordance with a formula agreed to between Québec and the James Bay Crees under Chapter 7 of the Agreement Concerning a New Relationship between le Gouvernement du Québec and the Crees of Québec dated February 7th, 2002. 

Compl. A. no. 14, s. 5 

28.17.5 The provisions of this Sub-section do not affect nor are they intended to affect in any manner the obligations and commitments of Canada in this Agreement including those set out in Sections 8 and 28 hereof. 

Compl. A. no. 14, s. 5 

JBNQA, subs. 28.17 

Compl. A. no. 14, s. 5 

28.18 Legislation 

28.18.1 The provisions of this Section can only be amended with the consent of Canada and the interested Native party, in matters of federal jurisdiction, and with the consent of Québec and the interested Native party, in matters of provincial jurisdiction. 

Legislation enacted to give effect to the provisions of this Section may be amended from time to time by the National Assembly of Québec in matters of provincial jurisdiction, and by Parliament in matters of federal jurisdiction.

SECTION 29 

Economic and Social Development – Inuit 

29.0.1 There is established a series of Native Economic Development Programs in favour of the Inuit of Québec which shall operate in accordance with the rights, obligations, terms and conditions established by and in accordance with this Section. 

29.0.2 Programs, funding and technical assistance presently provided by Canada and Québec, and the obligations of the said governments with respect to such programs and funding shall continue to apply to the Inuit of Québec on the same basis as to other Indians and Inuit of Canada in the case of federal programs, and to other Indians in Québec in the case of federal programs, and to other Indians in Québec in the case of provincial programs, subject to the criteria established from time to time for the application of such programs, and to general parliamentary approval of such programs and funding. 

The foregoing terms, conditions, obligations and criteria will apply to all federal programs referred to in this Section. 

JBNQA, par. 29.0.2 

A. corr. 

29.0.3 Subject to paragraph 29.0.2, Canada and Québec shall continue to assist and promote the efforts of the Inuit of Québec and more specifically undertake, within the terms of such programs and services as are established and in operation from time to time, to assist the Inuit of Québec in pursuing the objectives set forth herein in paragraphs 29.0.4 to 29.0.43. 

JBNQA, par. 29.0.3 

A. corr. 

29.0.4 The administration of the federal and provincial programs referred to in paragraphs 29.0.2 and 29.0.3 shall, to the fullest extent possible, be assumed by the Regional Government or the municipalities whenever appropriate, and when accepted by the parties directly concerned. 

29.0.5 A program of support is established for Inuit hunting, fishing and trapping (hereinafter referred to as “the program”), to guarantee a supply of hunting, fishing and trapping produce to Inuit who are disadvantaged and who cannot hunt, fish and trap for themselves or otherwise obtain such produce. 

29.0.6 The program shall also facilitate 

a) exchanges of hunting, fishing and trapping produce among Inuit communities, in accordance with existing laws; 

b) access to remote hunting, fishing and trapping areas; and 

c) conduct of search and rescue operations for the benefit of Inuit hunters, fishermen and trappers in the Territory. 

29.0.7 The funding of the program shall be the exclusive responsibility of Québec which shall ensure at all times that the necessary funds are provided to give full effect to the program. 

29.0.8 The program shall commence as soon as possible after the execution of the Agreement, if existing laws and regulations permit; otherwise it shall be established as soon as possible after the coming into force of the Agreement. 

29.0.9 

a) Each Inuit shall be entitled to one (1) hunter, fisherman and/or trapper (based on the present number of communities, this would mean thirteen (13) hunters, fishermen or trappers);

b) in addition, the Inuit of Québec shall be entitled to an additional number of hunters, fishermen and/ or trappers equal to one (1) to one hundred (1%) of the total Inuit population domiciled or ordinarily resident in the Territory. (Based on the present estimated population of 4,000 persons, until the first official census, this would mean forty (40) additional hunters, fishermen and/or trappers). 

29.0.10 The Regional Government must make ordinances for the purposes of the program : a) to determine qualifications and employment criteria for hunters, fishermen and trappers; 

b) to determine the working conditions, working hours and periods of work of hunters, fishermen and trappers, provided there shall be at all times not less than forty (40) and not more than sixty-five (65) hunters, fishermen and/or trappers employed under the program; 

c) to regulate leave of absence, suspensions and dismissal of hunters, fishermen and trappers; 

d) subject to the provisions of paragraph 29.0.9 and of sub-paragraph b) of this paragraph, to determine the number of hunters, fishermen and trappers posted in each Inuit community; 

e) to establish hunting, fishing and trapping produce quotas subject to the provisions governing the Hunting, Fishing and Trapping Regime; and 

f) to establish and maintain hunter, fishermen and trapper training and development programs. 

Pending the establishment of the Regional Government, such powers shall temporarily be exercised by the interim joint committee established under paragraph 29.0.33. 

29.0.11 Subject to the provisions of paragraph 29.0.10 the councils of the municipal corporations shall, by resolution, select and employ competent hunters, fishermen and trappers to carry out the program properly and see to the application of the leave of absence, suspension and dismissal ordinances. 

Pending the establishment of the municipalities, such powers shall temporarily be exercised by the community council in each Inuit community. 

29.0.12 For the purposes of the program, the annual period shall commence on January 1 of each year. 

29.0.13 The Regional Government shall prepare and adopt each year the necessary budget for the operation of the program. 

Such budget shall be submitted to the council not later than the 15th of July at a special meeting called for such purpose. Such meeting shall be adjourned as often as necessary and shall not be closed until the budget is adopted. 

Such budget, together with certified copies of all supporting documents shall be transmitted to Québec in the month of August of the year in which it is prepared. 

29.0.14 For each annual period and in accordance with the budget, Québec shall remit to the Regional Government, in two (2) equal instalments, one (1) at the beginning of January and the other at the beginning of July, the following amounts : 

a) to ensure yearly salaries to the hunters, fishermen and trappers mentioned in paragraph 29.0.9, an amount based on an initial average yearly salary of $9,000.00 for each hunter, fisherman and/or trapper; such amount shall only be used to cover the salaries and statutory deductions of hunters, fisherman and trappers. (Based on the present statistics given in paragraph 29.0.9 this would mean a total expenditure of $477,000.); 

b) to meet the expenses relating to the objectives of paragraph 29.0.6, a per capita subsidy of $10.00 for each Inuk domiciled or ordinarily resident in the Territory. (Based on the present statistics this would mean an amount of $40,000.);

c) for the administration of the program, an amount equal to 10% of the total amounts received under sub-paragraphs a) and b) of this paragraph. (Based on the present statistics this would mean an amount of $51,700.). 

29.0.15 In order to provide for the initial setting up of the program, Québec shall remit, to the Regional Government, at the beginning of each month, 1/12 of the amount payable under sub-paragraph c), of paragraph 29.0.14. (Based on the present statistics, this would mean a monthly instalment of $4,308.33.). 

JBNQA, par. 29.0.15 

A. corr. 

29.0.16 The amounts mentioned in sub-paragraphs a), b), and c) of paragraph 29.0.14 shall be indexed annually according to the increase in the cost of living in Québec as supplied by Statistics Canada. 

29.0.17 A detailed report of the operations and of the utilization of all amounts received during any annual period of the program shall be transmitted to Québec at the end of any such period. 

29.0.18 Québec shall have the right to verify or audit all procedures, books and documents tending to inform it of the fulfillment of the requirements of paragraphs 29.0.5 to 29.0.23 and shall have the right to withhold or reclaim funds or adjust allocations of funds in the event of overpayment or abuse. 

29.0.19 The Regional Government must make ordinances for the purposes of the program : 

a) to establish eligibility criteria for the distribution of hunting, fishing and trapping produce to Inuit who are disadvantaged and who cannot hunt, fish and trap for themselves or otherwise obtain such produce; subject to the provisions of sub-paragraph b) of this paragraph, the distribution of hunting, fishing and trapping produce shall be made locally under the supervision of the council of the municipal corporation, and 

b) to facilitate exchanges of hunting, fishing and trapping produce among Inuit communities according to needs and in accordance with existing laws. 

Pending the establishment of the Regional Government and of the municipalities, the powers of the Regional Government shall temporarily be exercised by the interim joint committee established under paragraph 29.0.33 and the powers of the municipality by the community council in each Inuit community. 

29.0.20 This program shall not prejudice or impair the eligibility of Inuit for other existing or future government programs, federal or provincial, including programs of guaranteed minimum income. Such eligibility shall depend upon the criteria established for such programs. 

29.0.21 Québec and the Regional Government shall from time to time review the operation of the program, procedures and benefits established by and in accordance with paragraphs 29.0.5 to 29.0.23. Subject to consultation with the Regional Government, Québec may make any adjustments necessary for the proper functioning of or to give effect to the program, procedures and benefits provided for in this Section, including more particularly the provisions of paragraph 29.0.14. 

29.0.22 Pending the establishment of the Regional Government, the program shall be administered by, and the amounts mentioned in sub-paragraphs a), b) and c) of paragraph 29.0.14 shall be paid to the interim joint committee established under paragraph 29.0.33. 

29.0.23 

a) Forthwith upon the execution of the Agreement, there shall be a joint research program conducted by the Northern Québec Inuit Association or its nominee and Québec to establish the present level of community equipment owned by or available to the Inuit and necessary for the adequate carrying out of the support program for Inuit hunting, fishing and trapping as outlined in paragraphs 29.0.5 to 29.0.23.

b) Where a need is proven, Québec will consider within its budgetary limits the possibility to supply the respective Inuit communities with community equipment sufficient to ensure the adequate conduct of hunting, fishing and trapping and related activities. It is acknowledged that in some cases there may be joint funding by the Inuit and Québec for the provision of such community equipment. Such a joint arrangement shall not preclude the use of existing or future Federal program funds. 

c) In the provision of such community equipment, the Government of Québec shall recognize and allow to the maximum extent possible for the unique conditions of hunting, fishing and trapping and related activities in the North, taking into account, in budgeting for the development and operating of the support program established under paragraph 29.0.5 to 29.0.23 the disproportionate impact of northern costs, including transportation, construction and fuel costs. 

29.0.24 The functions, powers and duties of the Regional Government shall be to receive proposals from the municipalities for vocational training programs and to advise the responsible federal and provincial authorities : 

a) on all matters pertaining to the effective utilization and development of manpower resources in the Territory; 

b) on all measures deemed appropriate to facilitate vocational training, placing in employment, reclassification, retraining, rehabilitation, change of employment and mobility of manpower; 

c) on all matters dealing with qualitative and quantitative manpower requirements and the preparation and co-ordination of training programs; and 

d) on all measures to ensure the establishment of employment bureaus in the Territory to provide qualified Inuit with access to the positions for which they are qualified; such bureaus, to the fullest extent possible, shall be staffed by Inuit. 

29.0.25 Canada and Québec shall, on proposals from the Regional Government, provide, in accordance with criteria established from time to time, to Inuit individuals or groups the full range of training programs and facilities they require in order to qualify for jobs created by existing or planned developments in the Territory. 

Such programs shall be designed to qualify candidates to meet the requirements of existing and eventual jobs and business opportunities in the Territory. 

All costs of such programs and facilities shall be assumed by Canada and Québec. 

29.0.26 When not inconsistent with existing laws or contrary to necessary requirements, considering the type of work or function contemplated and the verbal or written communication it shall normally demand, Canada and Québec shall adopt measures for unilingual Inuit candidates who complete training courses to be examined either in Inuttituut or with the assistance of a translator and/or interpreter so as to be entitled to apprentice card certification or official qualification permit qualifying for employment in the field of such training. 

29.0.27 

a) In view of the urgent need for qualified Inuit at every level of employment and administration, there shall be forthwith upon the execution of the Agreement an interim joint committee to coordinate the federal and provincial agencies currently involved in manpower and training programs available to the Inuit and which shall hand over its coordinating responsibilities to, and upon the request of the Regional Government.

b) The committee shall be composed of six (6) members : two (2) members shall be appointed by the Northern Quebec Inuit Association or its nominee, two (2) members by Canada and two (2) members by Québec. 

c) The committee shall decide its procedure and internal management. 

d) In the event no money is available form Québec under existing provisions, Québec shall provide funding to cover lodging and meals and travel expenses of the two (2) Inuit representatives on the committee. In addition, the said Inuit representatives shall receive a per diem allowance as indemnity for loss of income they suffer as a result of discharging their duties on the committee. Such allowance shall take into account the prevailing conditions in the Territory as well as the following : 

i) meetings shall be scheduled whenever possible to avoid conflict with the remunerated work of the Inuit representatives and to take advantage of convenient or inexpensive transport; 

ii) if, in spite of the foregoing, individual Inuit representatives suffer loss of income, the committee may indemnify such representatives for such loss, upon application therefor and where : 

1. the representative normally resides in a community other than that in which the meeting is held; and 

2. the representative is either fully employed or employed under conditions which preclude continuation of remuneration during time absent to attend such meetings; and 

3. loss of remuneration is clear and unequivocal rather than potential. 

29.0.28 The number of Inuit people employed in the services of Canada and of Québec and more particularly at the senior and management levels, shall increase as rapidly as possible, subject to pre required qualifications, experience and training. 

29.0.29 Canada and Québec shall, in consultation with the Regional Government, develop a plan for the training and employment of Inuit staff within the bureaucracy of the Territory, based on projected requirements and turnover of existing staff. 

29.0.30 To accomplish this goal, Canada and Québec shall follow a policy that assures that : 

a) administrative and management training shall be provided to Inuit interested in being employed in federal or provincial government services; 

b) Inuit individuals successfully completing training courses shall be placed in federal or provincial government services to the fullest extent possible; 

c) selected Inuit individuals placed in federal and provincial government services shall be given job training and training courses needed for job advancement especially for managerial positions; and 

d) whenever they advertise for openings within or specifically related to the Territory such advertisements shall also be adequately made in the Inuit communities. 

JBNQA, par. 29.0.30 

A. corr. 

29.0.31 For projects initiated or conducted by Canada or Québec or their agents, delegates, or contractors, and for projects by any proponent a major purpose of which is to provide goods or services to or for the benefit of Inuit communities the governments shall take all reasonable measures to establish Inuit priority in respect to employment and contracts created by such projects : 

a) In respect to employment on such projects, Canada and Québec shall inter alia :

i) interpret requirements for various categories of jobs so that Inuit people able to perform the work shall be deemed to be eligible; 

ii) advertise available jobs in the Inuit community or in employment offices therein at the same time as such jobs are advertised to the general public; 

iii) to the extent permissible under government contract regulations hire a qualified Inuit person before hiring a non-Native person for each available job; 

iv) provide Inuit employees on-the-job training needed for job advancement. 

b) In respect to contracts arising from such projects, including requirements that the proponents : 

i) design contract packages to provide to the Inuit a reasonable opportunity to submit competitive tenders; 

ii) post calls for tenders in a public place in all Inuit communities on the date on which the general public is made aware of such calls for tenders; 

iii) set the date, location, terms and conditions for tendering so that Inuit individuals or groups may reply with reasonable ease. 

29.0.32 Similar measures shall be applied as far as possible to non-government contracts and development in the Territory. 

29.0.33 

a) Forthwith upon the execution of the Agreement, there shall be established an interim joint committee to coordinate the federal and provincial programs of socio-economic development available to the Inuit of Québec under this Section. 

b) Sub-paragraphs b), c) and d) of paragraph 29.0.27 shall apply, mutatis mutandis, to this paragraph. 

It is understood that the amounts mentioned in sub-paragraph 29.0.27 d), when requested under sub paragraph b) of this paragraph, may be part of an overall administration fund provided by Québec. 

JBNQA, par. 29.0.33 

A. corr. 

29.0.34 The functions and powers of the committee shall be : 

a) to review the status of those government programs of economic and social development applicable to the Inuit of Québec in the Territory; 

b) on the basis of this review, to recommend to Canada and Québec feasibility studies in those areas where there is an apparent need; 

c) to review the feasibility studies and recommend the application of existing programs or, where necessary, their adaptation; in the absence of existing facilities, to recommend the creation of new programs. 

29.0.35 The sectors of activity encompassed within the review and feasibility studies shall include : a) programs to improve the viability and the quality of Inuit fur trapping; 

b) programs to improve the viability and quality of Inuit arts and crafts industry;

c) programs to enhance Inuit participation in the tourist industry, including tourist and outfitting camps and related facilities; 

d) programs to improve Inuit participation in the service industries; 

e) programs of economic and technical assistance to Inuit individuals, groups or communities who wish to establish, own or operate commercial fisheries operations in the Territory; and 

f) inventory of community services and infra-structure needs. 

29.0.36 Canada and Québec shall, together with the respective Inuit communities, undertake, as soon as possible, and in accordance with the funds available, studies respecting the establishment of seaplane bases and public wharfs, airstrips, navigational aids and docking facilities, including access roads and streets in each community. Such studies shall involve the Regional Government as soon as it is established. 

29.0.37 The Regional Government shall serve as a consultative body through with Canada and Québec may exchange information with a view to encouraging Inuit enterprises related to the utilization of natural resources in the Territory and the promotion of training and placement of Inuit personnel in order that they may participate fully in the economic benefits from resources development in the Territory. 

29.0.38 The Regional Government may make recommendations to Canada and Québec respecting assistance to Inuit entrepreneurs in obtaining capital, funding and technical expertise in the areas of mineral exploration, prospecting, obtaining of claims and related activities. 

29.0.39 Canada and Québec shall support Inuit entrepreneurs by providing them with technical and professional advice and financial assistance. 

29.0.40 The existing provision of housing, electricity, water, sanitation and related municipal services to Inuit shall continue, taking into account population trends, until a unified system, including the transfer of property and housing management to the municipalities, can be arranged between the Regional Government, the municipalities and Canada and Québec. 

29.0.41 Following the execution of the Agreement, the Department of Indian Affairs and Northern Development shall decide the allocation of Inuit houses in consultation with the Inuit of Québec. This arrangement will continue until the program is transferred. 

29.0.42 The Agreement guarantees that the Inuit of Fort George shall receive new housing for all families under either the Indian or the Northern housing schemes. The Inuit housing shall be provided according to not less than the population ratio of the Cree and Inuit of Fort George and concurrent with the provisions of Cree housing. 

29.0.43 Subject to the provisions which may apply from time to time, Canada and Québec will advise local Native authorities when undertaking field studies as part of research projects affecting the cultural and social life of the Native people and shall seek their advice as to the best way to carry out these field studies. 

29.0.44 The provisions of this Section can only be amended with the consent of Canada and the interested Native party, in matters of federal jurisdiction, and with the consent of Québec and the interested Native party, in matters of provincial jurisdiction. 

Legislation enacted to give effect to the provisions of this Section may be amended from time to time by the National Assembly of Québec in matters of provincial jurisdiction, and by Parliament in matters of federal jurisdiction. 

JBNQA, par. 29.0.44 

A. corr.

SECTION 30 

Income Security Program for Cree Hunters and Trappers 

(Chapter 30 of the JBNQA, as amended by Complementary Agreement no. 8, was replaced in its entirety by Chapter 30 of Complementary Agreement no. 15.) 

30.1 Definitions 

30.1.1 “Beneficiary unit” shall mean: A family or an unattached individual eighteen (18) years of age or over. 

Compl. A. no. 15, s. 1 

30.1.2 “Community improvement program” shall mean: A project authorized by the local government designed to improve the living conditions in the Cree community and funded by government programs or community funds. 

Compl. A. no. 15, s. 1 

30.1.3 “Consorts” shall mean: Two persons of the opposite sex or of the same sex who, taking into account Cree custom, are married or live together in a de facto union. 

Compl. A. no. 15, s. 1 

30.1.4 “Daily net allowance” shall mean: The amount payable per day pursuant to paragraph 30.4.3 less the contribution payable by a beneficiary to the Insurance Fund. 

Compl. A. no. 15, s. 1 

30.1.5 “Dependent child” shall mean: An unmarried child, whatever his or her filiation and taking into account established Cree custom, who depends for his or her support upon the head of family for the greater part of the year or while in the bush and who: 

a) is less than eighteen (18) years of age, or 

b) is eighteen (18) years of age or older and is attending on a full time basis secondary school in the regular stream, or 

c) is eighteen (18) years of age or older, is handicapped and is not receiving financial support or assistance in respect of his or her handicap. 

Compl. A. no.15, s. 1 

30.1.6 “Disaster” shall mean: An event such as a flood or a forest fire, whatever the cause, resulting in one or more beneficiary units being required to reduce their harvesting and related activities on a scale determined to be significant by the Board. 

Compl. A. no. 15, s. 1 

30.1.7 “Enrolled” shall mean: Having one’s name on the definitive list referred to at paragraph 30.6.4. 

Compl. A. no. 15, s. 1 

30.1.8 “Family” shall mean: Taking into account established Cree custom, consorts with or without a dependent child or an adult with one or more dependent children. 

Compl. A. no. 15, s. 1 

30.1.9 “Far Harvesting Region” shall mean: In respect of a beneficiary unit, the harvesting region associated with the Cree community where the head of the unit is registered for the purpose of the program, which is recognized specifically for the purpose of the program by Québec and the Cree Regional Authority as a “far harvesting region” and which is depicted on a map forming part, of Schedule I to this Section or on a modified map referred to at paragraph 30.4.9. 

Compl. A. no. 15, s. 1 

30.1.10 “Harvesting and related activities” shall mean: 

a) in the case of harvesting activities, all activities involved in the exercise of the right to harvest as provided in Section 24 excluding commercial fishing; 

b) in the case of related activities: 

i) activities associated with harvesting activities generally carried out by women, and 

ii) activities commonly practiced by those who also practice harvesting activities, including, inter alia: 

1) making or repairing equipment used in hunting, fishing and trapping activity; 

2) preparation of food supplies, clothing, habitations, materials, equipment and land improvements necessary for harvesting activities; 

3) picking and processing wild berries; 

4) processing, transportation and marketing of the products of harvesting activities; 5) making of handicrafts from products of harvesting within the household; 

6) remedial works, protection and enhancement of wildlife; 

7) surveys or management of wildlife to assist harvesting activity; 

8) transportation to and from bush camps and harvesting sites; 

9) the work carried out as a member of a Local Income Security Program Committee, not exceeding ten days per year; 

10) time spent in a mandatory course for firearm use not exceeding 3 days per year. 

Compl. A. no. 15, s. 1 

30.1.11 “Head of beneficiary unit” shall mean: A head of family or an unattached individual. 

Compl. A. no. 15, s. 1 

30.1.12 “Head of family” shall mean: The member of a family who habitually is the chief provider for the needs of such family, taking into account established Cree custom. 

Compl. A. no. 15, s. 1 

30.1.13 “Local Income Security Program Committee” shall mean: A committee contemplated by paragraph 30.5.14. 

Compl. A. no. 15, s. 1 

30.1.14 “Local Income Security Program List” shall mean: The list referred to in paragraph 30.5.14. Compl. A. no. 15, s. 1

30.1.15 “Sickness” shall mean: A state resulting from illness or injury that prevents the conducting of harvesting or related activities. 

Compl. A. no. 15, s. 1 

30.1.16 “The basic guarantee under the program” shall mean: The sum of the benefits provided to a beneficiary unit referred to in paragraph 30.4.2. 

Compl. A. no. 15, s. 1 

30.1.17 “The basic guarantee under social aid” shall mean: An amount equal to the benefits available to a beneficiary unit in receipt of social aid which has no other source of income. 

Compl. A. no. 15, s. 1 

30.1.18 “The break-even point in the program” shall mean: The minimum level of income which, taking into account only the sum of the benefits provided for in paragraph 30.4.2 and the reduction rate provided for in paragraph 30.4.5, would leave a beneficiary unit in receipt of no such benefits. 

Compl. A. no. 15, s. 1 

30.1.19 “The break-even point under social aid” shall mean: The minimum level of income which would make any beneficiary unit ineligible to receive social aid benefits. 

Compl. A. no. 15, s. 1 

30.1.20 “Time conducting harvesting and related activities” shall mean: A number of days calculated as the total of: 

a) the number of days spent away from permanently occupied settlements conducting harvesting and related activities computed so as to include the number of days from each date of departure from such settlement to each date of return to such settlement inclusive, and including single days a major portion of the daylight part of which was spent away from permanently occupied settlements conducting harvesting and related activities; 

b) the number of days spent in such settlement and actually spent in the conduct of harvesting and related activities. 

Compl. A. no. 15, s. 1 

30.1.21 “Time spent in salary or wage employment” shall mean: The number of days spent in work that is not a harvesting or related activity and for which the individual received salary or wage. 

Compl. A. no. 15, s. 1 

30.1.22 “Transfer payment programs” shall mean: Family and youth allowances, government old age security pensions, veterans’pensions and allowances, social aid, mother’s allowances, manpower training allowances, payments to the blind or disabled, guaranteed income supplement for the aged, social assistance for Indians or Inuit and other such programs as may exist from time to time. 

Compl. A. no. 15, s. 1 

Compl. A. no. 15, s. 1

30.2 General Provisions 

30.2.1 An income security program (herein referred to as “the program”) to provide an income guarantee and benefits and other incentives for Cree people who wish to pursue harvesting activities as a way of life is established by and in accordance with this Section. 

Compl. A. no. 15, s. 1 

30.2.2 Subject to the terms of Sub-Section 30.7, the funding of the program established by and in accordance with this Section shall be the responsibility of Québec which shall ensure at all times that the necessary funds are provided to give full effect to the program. 

Compl. A. no. 15, s. 1 

30.2.3 Subject to and in accordance with the provisions of Sub-Section 30.10, the program shall be at least as generous as any guaranteed annual income program of general application that may be established or exist from time to time in Québec whether such program is established or funded by Canada or Québec. This program must also offer advantages equivalent to those granted under any maternity benefit program of general application in Québec. 

Compl. A. no. 15, s. 1 

30.2.4 Notwithstanding anything in this Section, every Cree person shall have the right to benefit, if eligible under such programs, from any transfer payment, workmen’s compensation, employment insurance programs, Canada and Québec Pension Plans and other social insurance programs existing from time to time in Québec, whether established and funded by Québec or Canada. 

Compl. A. no. 15, s. 1 

30.2.5 A person benefiting from the program shall not be entitled to combine the benefits from the program with benefits from social aid, social assistance for Indians or Inuit or guaranteed annual income programs of general application existing from time to time in Québec provided that such person, if eligible, may elect from time to time to benefit from such programs in place of the program. 

Compl. A. no. 15, s. 1 

30.2.6 The payments made pursuant to Sub-Sections 30.4, 30.7 and 30.8 shall be offset against benefits payable for the same period under any social aid, social assistance for Indians or Inuit, guaranteed income supplement for the aged or guaranteed annual income programs of general application existing from time to time in Québec. 

Compl. A. no. 15, s. 1 

30.2.7 Payments under the program shall be made to beneficiary units and established on the basis of such beneficiary units in the manner provided in this Section. 

Compl. A. no. 15, s. 1 

30.2.8 The program shall ensure that hunting, fishing and trapping shall constitute a viable way of life for the Cree people, and that individual Crees who elect to pursue such way of life shall be guaranteed a measure of economic security consistent with conditions prevailing from time to time. 

Compl. A. no. 15, s. 1

30.2.9 The program shall ensure that as an alternative to transfer payments or guaranteed annual income programs existing from time to time there exists through the program effective incentive to pursue harvesting as a way of life for the Cree people. 

Compl. A. no. 15, s. 1 

30.2.10 The establishment whether by Canada or Québec of guaranteed annual income programs of general application shall not prejudice the rights and guarantees under the program in favour of the Crees established by and in accordance with this Section. However, beneficiaries under the program shall not be entitled to benefit from more than one such program at the same time at their option. 

Compl. A. no. 15, s. 1 

Compl. A. no. 15, s. 1 

30.3 The Right to Benefit and Eligibility 

I. Eligibility 

30.3.1 Every Cree person eligible pursuant to Section 3 of the Agreement and ordinarily resident in Québec shall have the right to benefit under the program provided such person is eligible in accordance with the terms and conditions set forth in this Section. 

Compl. A. no. 15, s. 1 

30.3.2 With the exception of a beneficiary unit contemplated by sub-paragraph 30.3.3 i), for a beneficiary unit to be eligible in any given year: 

a) the name of its head must appear on the Local Income Security Program List submitted to the Board no later than June 30 of each year or such other date as may be established by the Board, or on an amended list, if any, submitted to the Board no later than September 15 of each year or such other date as may be established by the Board, or 

b) if no Local Income Security Program List has been submitted as provided in sub-paragraph a), the name of its head must appear on the last Local Income Security Program List submitted to the Board, or 

c) if no Local Income Security Program List has ever been submitted to the Board, the beneficiary unit must have been enrolled in the program in the preceding year under the terms of paragraph 30.3.3. 

Compl. A. no. 15, s. 1 

30.3.3 Eligibility to benefits under the program shall be determined in the manner provided in paragraph 30.3.2 and this paragraph. Subject to paragraphs 30.3.2 and 30.3.6, the following beneficiary units shall be eligible: 

a) any beneficiary unit the head of which in the preceding year spent more time conducting harvesting and related activities than time spent in salary or wage employment, excluding, both in the case of harvesting and related activities and salary and wage employment, time spent in guiding, outfitting or commercial fishing or in receipt of employment insurance, workmen’s compensation, or manpower training allowances, provided that the head of such beneficiary unit spent at least one hundred and twenty (120) days conducting harvesting and related activities of which at least ninety (90) days were spent away from the settlement conducting such activities, or 

b) any beneficiary unit which in the preceding year derived the greater part of its earnings, excluding earnings from guiding, outfitting or commercial fishing, from harvesting and related activities, or

c) any beneficiary unit which in the preceding year was eligible under a) or b) and a member of which in the preceding year suffered from sickness or was the victim of an accident during the exercise of harvesting and related activities which, in either case, resulted in such beneficiary unit not being eligible under a) or b), or 

d) any beneficiary unit which in the preceding year was eligible under a) or b) and a member of which in the preceding year was the victim of an accident during seasonal employment as a result of which she became eligible for workmen’s compensation and which also resulted in such beneficiary unit not being eligible under a) or b), or 

e) any beneficiary unit which in the preceding year was eligible under a) or b) and the head of which in the preceding year was forced to abandon or diminish her harvesting and related activities as a result of government action, development activities, or in order to allow animal populations to increase to a harvestable level, which resulted in such beneficiary unit not being eligible under a) or b), or 

f) any beneficiary unit which in the preceding year was eligible under a) or b) and which in the current year is not eligible under a) or b) as a result of the head of such beneficiary unit having been engaged in a manpower, upgrading, training or other self-improvement program in the preceding year, or 

g) any beneficiary unit which in the preceding year was eligible under a) or b) and which in the current year is not eligible under a) or b) as a result of the head of such beneficiary unit having been engaged in temporary employment on a community improvement program or project during the preceding year, or 

h) any beneficiary unit which, in the preceding year, was eligible under a) or b), and whose head, during the preceding year was unable to participate in harvesting and related activities as a result of her pregnancy, its effects, or care of her infant, making the beneficiary unit ineligible under a) or b), or 

i) any beneficiary unit which is not eligible under a) or b) because during the preceding year its head was enrolled in an educational institution completing successfully at least a secondary V level education, or normally recognized equivalent studies, provided its head is under 25 years of age, or 

j) any beneficiary unit which is not eligible under a) or b) because during the preceding year it was on a temporary leave from the program in accordance with paragraph 30.3.9, making the beneficiary unit ineligible under a) or b), or 

k) any beneficiary unit which is not eligible under a) or b) because during the preceding year it was on a temporary leave from the program in accordance with paragraph 30.3.9 but which has obtained semi active status under paragraph 30.3.11 and remains in compliance with subparagraph 30.3.12 a), or 

l) any beneficiary unit which in the preceding year was eligible under a) or b) and which during the preceding year qualified under the terms of paragraph 30.3.11 to receive benefits in virtue of the semi active status, or 

m) any beneficiary unit which in the preceding year was not eligible under a) or b) but which had semi active status under paragraph 30.3.11 and which remains in compliance with sub-paragraph 30.3.12 a), or 

n) any beneficiary unit which in the preceding year was eligible under a) or b) and whose head during the preceding year was unable to participate in harvesting and related activities as a result of sickness or disaster making the beneficiary unit ineligible under a) or b) but which elected during that year to receive benefits in accordance with the terms and conditions of Sub-Section 30.7 provided that, in any event, the beneficiary unit remains in compliance with paragraph 30.3.6. 

Compl. A. no. 15, s. 1

30.3.4 In the case of beneficiary units eligible under c), d), e), f), g), k), l), m) and n) of paragraph 30.3.3, such beneficiary units shall be considered eligible and shall have the right to receive the benefits provided under the program applicable to such beneficiary units in the current year and subsequent year subject to any restrictions provided in the program and, notwithstanding paragraph 30.2.5, the members of such beneficiary units shall have the right to receive any other transfer payments, workmen’s compensation or employment insurance benefits, Canada Pension Plan or Québec Pension Plan benefits for which they may be eligible during such period. 

Compl. A. no. 15, s. 1 

30.3.5 Notwithstanding paragraph 30.3.2, a beneficiary unit shall continue to be eligible to receive income security benefits during the current year in spite of the death of the head of the beneficiary unit. 

Compl. A. no. 15, s. 1 

30.3.6 Where the head of a beneficiary unit is eligible to benefit from the provisions under Sub-Section 30.7 and elects to benefit from such provisions and provided that days spent in harvesting and related activities and days remunerated pursuant to Sub-Section 30.7 total at least 120 days in a program year, the beneficiary unit may maintain eligibility in the program on this basis for a period not exceeding 3 consecutive years unless the Board decides to extend such period. 

Compl. A. no. 15, s. 1 

30.3.7 The Board or a Local Income Security Program Committee may advise a person eligible under the program to leave the program for reasons of health or security or, if such person appears eligible, to apply to benefit in virtue of appropriate measures provided through the program. 

Compl. A. no. 15, s. 1 

30.3.8 Harvesting or related activities may be replaced, for the purpose of the eligibility of a beneficiary unit, by land development activities, to the extent and on the conditions determined by the Board after a specific activity has been the subject of a decision of the Minister pursuant to a recommendation of the Board to the effect that it be considered as a land development activity. 

Compl. A. no. 15, s. 1 

II. Temporary Leave 

30.3.9 A beneficiary unit shall be entitled to a temporary leave from the program for a period of up to 3 consecutive program-years unless the Board decides to extend such period and provided that: 

a) the head of a beneficiary unit has requested in advance from the Board a temporary leave; b) the temporary leave is required as a result of: 

i) the head of a beneficiary unit or the consort being enrolled in a full time program in a school, university or other institution recognized by the Board for this purpose, or 

ii) the head of a beneficiary unit or the consort being engaged in a regular full time job; c) the head of the beneficiary unit: 

i) is between the ages of 21 and 26 years old inclusive and has been enrolled in the program as head of a beneficiary unit during the 3 program-years immediately preceding the commencement of the temporary leave, or

ii) has been enrolled in the program as head of a beneficiary unit during at least 10 program-years including the 5 program-years immediately preceding the temporary leave; 

d) the temporary leave will only be valid for the program-years during which the head of a beneficiary unit or the consort is actually in school, in training or in a regular full time job; 

e) the beneficiary unit availing itself of a temporary leave: 

i) shall not, during the temporary leave, lose sick leave benefits already accumulated under the program to which it was entitled at the moment that its participation in the temporary leave commences, and 

ii) does not have a right to any payment under the program save where the Board otherwise decides provided that such a decision respects the nature and objectives of the program. 

Compl. A. no. 15, s. 1 

III. Semi-Active Status 

30.3.10 The head of a beneficiary unit who wishes to reduce his or her harvesting or related activities or who for medical reasons must reduce those activities may request that the beneficiary unit be designated as semi-active. 

Compl. A. no. 15, s. 1 

30.3.11 A beneficiary unit may avail itself of semi-active status provided the head of the beneficiary unit: 

a) has no medical impediment to continue to conduct harvesting and related activities for a period of at least 20 days and at least 50% of any such period away from a settlement; 

b) has been enrolled in the program for at least 15 years inclusive of any years on temporary leave and including the 5 years immediately preceding the application respecting semi-active status; 

c) is of an age that, if added to the number of years he or she has been enrolled in the program including any years on temporary leave, the total is at least 80; 

d) continues to spend more time during the year conducting harvesting and related activities than time in salary or wage employment within the meaning of sub-paragraph 30.3.3 a). 

Compl. A. no. 15, s. 1 

30.3.12 A beneficiary unit contemplated in paragraph 30.3.10, must decide either: 

a) to maintain for a period up to 5 years, its eligibility for the program as a semi-active unit and to receive payments under the program to which it is entitled, or 

b) to receive a lump sum representing 100 % of the value of the sick leave days accumulated by the head of the beneficiary unit and the consort paid at the daily net allowance in force during the last year in which that beneficiary unit was enrolled in the program. 

Compl. A. no. 15, s. 1 

30.3.13 In the case of a beneficiary unit availing itself of the semi-active status under the program: 

a) if the beneficiary unit decides to maintain its eligibility in the program as provided at sub-paragraph 30.3.12 a), both the head of a beneficiary unit and the consort shall not be entitled to benefit from the program for a period of 5 years following either the end of the period referred to in sub-paragraph 30.3.12 a) or the end of the year during such period in which it loses eligibility;

b) if the beneficiary unit received the lump sum referred to at subparagraph 30.3.12 b), both the head of a beneficiary unit and the consort shall not be entitled to benefit from the program for a period of 10 years following the last year they were enrolled on the program; 

c) if the head of a beneficiary unit or the consort dies, the surviving adult shall keep his or her rights to the benefits provided under the semi-active status for the period remaining for entitlement to those benefits on the conditions provided at paragraph 30.3.12 and this paragraph; 

d) in the case of divorce or separation affecting a unit, each of the adults shall keep his or her rights to the benefits under semi-active status for the period remaining for entitlement to those benefits on the conditions provided at paragraph 30.3.12 and this paragraph. 

Compl. A. no. 15, s. 1 

Compl. A. no. 15, s. 1 

30.4 Calculation of Benefits 

I. General 

30.4.1 The benefits under the program as of July 1, 2002 shall be calculated as provided for in this Sub Section taking into consideration: 

a) the composition and size of the beneficiary unit eligible to benefit under the program, and b) the extent of harvesting and related activities of such beneficiary unit, and 

c) the amount of other income, and 

d) the harvesting region where the beneficiary unit conducted harvesting and related activities. 

Compl. A. no. 15, s. 1 

30.4.2 Any beneficiary unit eligible to benefit under the program shall be guaranteed a basic amount calculated as a sum of: 

a) an amount of $ 3 818.00 for the head of the beneficiary unit and $ 3 818.00 for the consort, and 

b) an amount of $ 1 528.00 for each family and for each unattached individual not living with his parent, grandparent or child, and 

c) an amount of $ 1 528.00 for each dependent child. 

Compl. A. no. 15, s. 1 

30.4.3 With respect to payment of daily allowances: 

a) every beneficiary unit is entitled to receive a daily allowance in an amount of $ 47.34 per adult for every day spent by the adult in the bush in harvesting or related activities, for every day, not exceeding 10 days per year, during which the adult participated as a member in the work of a Local Income Security Program Committee, for every day, not exceeding 3 days per year, during which the adult attended a mandatory course for firearms use and for every day during which the adult carried out land development activities referred to at paragraph 30.3.8, except: 

i) days for which the head of the beneficiary unit receives a salary for such activities; 

ii) days for which the head of the beneficiary unit receives employment insurance or manpower training allowances;

iii) days for which the head of the beneficiary unit receives benefits under a statute as compensation replacing income; 

iv) days for which the head of the beneficiary unit receives a salary for work other than harvesting or related activities; 

b) in cases where a consort receives benefits, allowances or a salary referred to in sub-paragraph a), the beneficiary unit is not entitled to receive, for this consort, the daily allowance referred to in subparagraph a) for any day in respect of which the consort receives such benefits, allowances or salary; 

c) the maximum number of days in a year for which a beneficiary unit may receive the amount provided in sub-paragraph a) is 240 days for each adult in the beneficiary unit except: 

i) in the case of a beneficiary unit eligible under sub-paragraph 30.3.3 i) the maximum number of days in the first year for which a beneficiary unit may receive the said amount is 120 days for each adult in the beneficiary unit; and 

ii) in the case of a beneficiary unit who is admitted to semi-active status under paragraph 30.3.11, the maximum number of days per year for which a beneficiary unit may receive the said amount is 119 days for each adult in the beneficiary unit; 

d) subject to the provisions regarding indexation at paragraph 30.4.10, for the years 2003-4 and 2004-5 the amount of the daily allowance provided at sub-paragraph a) shall be adjusted by adding each year an amount of $ 2.25. 

Compl. A. no. 15, s. 1 

30.4.4 For the purposes of this Sub-Section: 

a) the words “other income” shall mean an amount equal to the sum of: 

i) the income of the beneficiary unit from the sale of furs in excess of $ 15,000.00 or such greater amount or amounts as may be determined by the Board; 

ii) the amounts received pursuant to paragraphs 30.4.3 and 30.4.7; 

iii) all net income from guiding, outfitting or commercial fishing and net income from harvesting and related activities, excluding income contemplated in sub-paragraph a) i); 

iv) the net income from land development activities referred to at paragraph 30.3.8; 

v) all other net income or salary from any other sources received by the members of the unit except net income received by a dependent child supplementary to his studies and not exceeding $ 4 313.00, payments received by the unit in respect of child care, family allowances, old age security pensions and guaranteed income supplements, social aid payments and social assistance payments for Indians or any other income, salary or subsidy established by the Board; 

vi) the amounts received pursuant to paragraph 30.4.6 and Sub-Sections 30.7 and 30.8; 

b) for greater certainty, the words other income shall not include amounts received by a beneficiary unit as compensation as a result of hydro electric, mining or forestry development and that does not constitute a salary or income replacement. 

Compl. A. no. 15, s. 1

30.4.5 Each beneficiary unit eligible to benefit under the program shall receive a sum equal to the amount determined pursuant to paragraph 30.4.2 less an amount equal to the sum of old age security pension payments received by the beneficiary unit and 40 percent of all other income. 

Compl. A. no. 15, s. 1 

II. Maternity Benefits 

30.4.6 With respect to payment of maternity benefits: 

a) when a woman who is the head of a beneficiary unit or who is the consort of the head of that unit is unable to participate in harvesting and related activities as a result of her pregnancy, its effects or care of her infant, the beneficiary unit has the right to maternity benefits under the program equivalent to those available under any maternity benefit program of general application in Québec; 

b) the Board shall determine, taking into account the daily allowance amount payable under paragraph 30.4.3 and the amount payable under paragraph 30.4.7, the period and the amount of the maternity benefits to be paid under this paragraph provided that the amount of such benefits may not exceed on a per diem basis the daily allowance payable under paragraph 30.4.3 combined, if applicable, with the amount payable under paragraph 30.4.7; 

c) notwithstanding sub-paragraph a), no maternity benefits shall be issued unless the Board determines, pursuant to criteria it establishes, that the woman, who is otherwise eligible to receive maternity benefits, would have participated in harvesting or related activities, and provided that she is not benefiting from a maternity benefit program of general application in Québec; 

d) maternity benefits are payable only after the Board has received documentation it considers adequate certifying the pregnancy of the woman requesting the benefits, the effects of the pregnancy or the care of her infant. 

Compl. A. no. 15, s. 1 

III. Far Harvesting Region 

30.4.7 In addition to the amount provided at paragraph 30.4.3, each adult in a beneficiary unit is entitled to receive an additional amount equal to 30 % of the amount provided under paragraph 30.4.3 for harvesting and related activities in a far harvesting region provided that: 

a) such harvesting and related activities are conducted during the period fixed by the Board for the Cree community in which the unit is registered provided that for each Cree community such period, even if varying between communities, shall begin during the Fall season and cover 180 consecutive days; 

b) the amount is only payable in respect of days claimed for which the member of the unit spent the full 24 hours in the far harvesting region; 

c) the number of days per adult per program-year for which this amount is payable shall not exceed 180. 

Compl. A. no. 15, s. 1 

30.4.8 The far harvesting regions are depicted in the set of maps attached as Schedule I. A set of the maps contained in Schedule I certified by the Board shall be held on deposit by the Board. 

Compl. A. no. 15, s. 1 

30.4.9 The following procedure shall apply to any modifications to the maps depicting the far harvesting regions:

a) the Board may modify the maps depicting the far harvesting regions which presently form part of Schedule I to this Section or any successor map provided that: 

i) any such modification is made by unanimous decision of the members present at the meeting considering the matter; 

ii) a copy of the modified map certified by the Board is on deposit with the Board; 

iii) copies of the modified map certified by the Board are provided to each of the Chairman of the Cree Regional Authority and the Minister within 30 days of the decision of the Board. 

b) Schedule I to this Section shall be deemed to be modified in accordance with the decision of the Board referred to at subparagraph a) thirty days following the date of the said decision. 

Compl. A. no. 15, s. 1 

IV. Indexation 

30.4.10 Subject to paragraph 30.10.8, the dollar amounts provided for in this Sub-Section shall be indexed annually according to the increase in the cost of living in Québec. If a cost of living index for the Territory computed on a basis similar to that available in Québec becomes available, the Board may by unanimous decision of the members present at the meeting considering the matter, decide to use this index. 

Compl. A. no. 15, s. 1 

Compl. A. no. 15, s. 1 

30.5 Administration of the Program 

I. Cree Hunters and Trappers Income Security Board 

30.5.1 There is established the Cree Hunters and Trappers Income Security Board (hereinafter referred to as the “Board”). The Board may also be designated under the name in Cree of “NDOO-WHO SHOO YAN OUJEMAOCH” and under the name, in French of “Office de la sécurité du revenu des chasseurs et piégeurs cris”. 

Compl. A. no. 15, s. 1 

30.5.2 The Board is a legal person within the meaning of the Civil Code of Québec and shall have the general powers of such a legal person and such special powers as are assigned to it by statute. 

Compl. A. no. 15, s. 1 

30.5.3 The Board shall have 6 members. The Cree Regional Authority and Québec shall each appoint three (3) members and shall pay the remuneration and expenses of their respective members. 

Compl. A. no. 15, s. 1 

30.5.4 Four (4) members shall constitute a quorum provided two (2) members appointed by each party are present. 

Compl. A. no. 15, s. 1 

30.5.5 The members of the Board shall each have one (1) vote. 

Compl. A. no. 15, s. 1

30.5.6 The respective parties shall appoint a Chair and Vice-Chair of the Board who shall hold office for one (1) year from among their appointees in the following manner: 

a) in the first year of the operation of the Board, the Chair shall be appointed by Québec and the Vice Chair shall be appointed by the Cree Regional Authority; 

b) in the second year of the operation of the Board, the Chair shall be appointed by the Cree Regional Authority and the Vice-Chair shall be appointed by Québec; 

c) in subsequent years, the appointment of the Chair and Vice-Chair of the Board shall take place in the sequence set forth in sub-paragraphs a) and b). 

Compl. A. no. 15, s. 1 

30.5.7 In the absence of the Chair, the Vice-Chair shall act as Chair. 

Compl. A. no. 15, s. 1 

30.5.8 The Chair of the Board shall have a second and deciding vote. 

Compl. A. no. 15, s. 1 

30.5.9 Unless otherwise specifically provided elsewhere in this Section, where it is provided that the Board decides or otherwise acts, it shall do so only in virtue of the vote of the majority of the members present at the meeting considering the matter provided that at least one member appointed by the Cree Regional Authority and one member appointed by Québec form part of the majority. 

Compl. A. no. 15, s. 1 

30.5.10 In addition to the other functions and duties of the Board provided for in this Section, the Board shall: 

a) examine the applications for income security benefits transmitted by the local administrator pursuant to paragraph 30.6.3 in light of the Local Income Security Program List in force on September 15 and draw up a definitive list of beneficiaries eligible for the program; 

b) review all protests and claims resulting from the operation of the program or the procedures established for the program or any other matter contemplated in this Section; 

c) review the operation of the program and procedures established for the program and participate at the request of the Minister in the evaluation of the results of the program; 

d) supervise the administration of the program and procedures established for the program; 

e) establish, pursuant to paragraph 30.4.10, the annual adjustment of the dollar amounts provided for in this Section and where appropriate the cost of living rate to which the payments under the program established by this Section shall be indexed; 

f) establish the administrative procedures and criteria, consistent with the terms of this Section, necessary to implement the program and modify such procedures and criteria from time to time on the basis of experience with the operation of the program; 

g) consult the appropriate local administrator or administrators in all matters respecting the operation of the program in any Cree community or communities; 

h) prepare an estimate of the annual costs of the program for each Cree community, including an amount for each beneficiary unit eligible, and obtain from Québec the funds necessary to cover such costs;

i) prepare a budget for its own operations and obtain from Québec the funds necessary to cover such costs; 

j) recommend or determine, as the case may be, when and how revisions to the program should be made as provided in Sub-Sections 30.10 and 30.11; 

k) fulfill for a given Cree community the duties of the local administrator contemplated in paragraph 30.5.13 if there is no local administrator in such community; 

l) recommend to the Minister the specific activities to be designated as land development activities and determine the extent to which and the conditions upon which such activities may replace harvesting and related activities for the purposes of the eligibility of a beneficiary unit; 

m) determine, for the purposes of sub-paragraph 30.4.4 a) i), any amount or amounts from the sale of furs greater than $ 15,000.00 which amounts may vary according to categories of beneficiaries, revenues, territories where harvesting and related activities are carried out or the manner in which such activities are exercised; 

n) determine the income, salaries and subsidies to be excluded pursuant to sub-paragraph 30.4.4 a) v); o) determine the criteria and conditions for maternity benefits contemplated in paragraph 30.4.6; 

p) determine the amount of the daily benefits, which may not exceed that provided in sub-paragraph 30.4.3 a) and paragraph 30.4.7 and the maximum number of days for which a beneficiary unit may receive maternity benefits, which may not exceed 240 days; 

q) establish the conditions and procedures for reimbursement of the overpayments contemplated in sub paragraph 30.6.8 f); 

r) establish rules relating to the application of benefits of the head of a beneficiary unit referred to at sub-paragraph 30.3.3 i); 

s) establish rules concerning the conditions of eligibility and participation in regard to temporary leave as provided at paragraph 30.3.9; 

t) decide, in the case of a beneficiary unit entitled to a temporary leave under paragraph 30.3.9, whether such unit may continue to be eligible for temporary leave alter 3 consecutive years; 

u) establish, for the purposes of temporary leave from the program, what institutions should be recognized under sub-paragraph 30.3.9 b) i); 

v) decide, in the case of temporary leave from the program, whether a beneficiary unit may, by exception, continue to receive payments under the program as provided at sub-paragraph 30.3.9 e) ii); 

w) where appropriate, advise a person eligible under the program to leave the program for reasons of health or safety or to apply to benefit under other measures provided through the program; 

x) establish the period for each Cree community during which beneficiary units conducting harvesting and related activities in a far harvesting region are entitled to receive an additional amount as provided at paragraph 30.4.7; 

y) determine the information required to be provided by a beneficiary unit respecting time spent conducting harvesting and related activities in a far harvesting region; 

z) establish from time to time the dates on which Local Income Security Program Lists or amended Local Income Security Program Lists must be submitted to the Board; 

aa) determine for the purposes of the sick leave provisions under the program:

i) any person other than a doctor who may certify that the individual was unable to practice harvesting or related activities as provided at sub-paragraph 30.7.17 a); 

ii) any different reference period referred to at sub-paragraph 30.7.17 d); 

bb) make recommendations concerning modifications to the sick leave provisions as provided at sub paragraph 30.7.31 b); 

cc) administer the Insurance Fund and hold the Insurance Fund in trust as provided at Sub-Section 30.7; 

dd) determine whether the effects of an event such as a flood or a forest fire are of such significant scale as to qualify as a disaster within the meaning of paragraph 30.7.9; 

ee) determine, as provided at Sub-Section 30.8, what events shall constitute a catastrophe and make recommendations to the Minister; 

ff) fulfill the duties and roles provided in respect of the mechanism for review of the implementation and application of Section 30 as provided at paragraph 30.10.10; 

gg) modify the maps depicting the far harvesting regions forming part of Schedule I of this Section or any successor map referred to at paragraph 30.4.9; 

hh) adopt such administrative rules as it deems necessary and appropriate to give effect to the provisions of this Section. 

Compl. A. no. 15, s. 1 

30.5.11 A measure adopted by the Board under sub-paragraph 30.5.10 n) must be approved by the Minister. 

Compl. A. no. 15, s. 1 

II. Local Administrator 

30.5.12 For each Cree community, the Board shall, following consultations with the responsible Cree local government, appoint a local administrator for the community who shall be an employee of the Board and who shall have an office in the community. 

Compl. A. no. 15, s. 1 

30.5.13 The local administrator shall: 

a) receive annually applications for income security benefits submitted in the Cree community where he or she carries on his or her duties; 

b) see to the proper functioning of the program and the procedures provided for and in accordance with this Section at the community level; 

c) see to the distribution and payment to heads of beneficiary units of sums due in accordance with the provisions of this Section; 

d) keep accurate and verifiable records of all payments made to heads of beneficiary units and costs incurred in administration under this program, in accordance with the procedures and criteria established by the Board; 

e) assist members of beneficiary units to apply for and prepare all necessary documentation respecting eligibility and benefit forms under the program, and other relevant information;

f) collect and preserve all necessary documentation respecting eligibility and benefits under the program, according to the procedures and criteria established by the Board. 

Compl. A. no. 15, s. 1 

III. Local Income Security Program Committee 

30.5.14 A Cree community shall establish a local committee to prepare a list of persons who are recognized by community custom to be practicing harvesting and related activities as a way of life in compliance with the harvesting traditions and rules of the community. 

Compl. A. no. 15, s. 1 

30.5.15 With respect to the composition of the local committees: 

a) a local committee shall be composed of not fewer than three and not more than seven members; 

b) the members shall be chosen for a fixed period in accordance with the custom of the Cree community by and among the adults who are or have previously been beneficiaries of the program, provided that one member may be designated by the Council of the Band, as defined in the Cree-Naskapi (of Québec) Act, S.C. 1984, c. 18, from among its members; 

c) upon its establishment, the committee shall post a notice of its membership in a public place within the Cree community in question; 

d) at the end of their term, the members shall remain in office until they are replaced or reappointed. 

Compl. A. no. 15, s. 1 

30.5.16 The names of local committee members must be submitted to the Board upon the establishment of the local committee. The Board shall also be informed of who among the members, will direct the activities of the committee, coordinate its work and act as a liaison between the committee and the Board. 

Compl. A. no. 15, s. 1 

30.5.17 A quorum for sittings of a local committee shall be at least a majority of the members. 

Compl. A. no. 15, s. 1 

30.5.18 A local committee may adopt rules of procedure concerning the implementation of paragraphs 30.5.14 to 30.5.20. These rules shall be transmitted to the Board. They shall come into force as soon as they are posted by the local committee in a public place within the Cree community in question. 

Compl. A. no. 15, s. 1 

30.5.19 No later than June 30 of each year or such other date as may be established by the Board, the most recent list prepared by a Local Income Security Program Committee pursuant to paragraph 30.5.14 shall be submitted to the Board and posted in a public place within the Cree community in question. 

Compl. A. no. 15, s. 1 

30.5.20 The duties and authority of the Local Income Security Program Committee shall include among others: 

a) to make recommendations to the Board in regard to any aspect of the design, administration or operation of the program in the Cree community where it carries out its duties; 

b) to consult and exchange information deemed necessary by the Board on any matter regarding the design, administration or operation of the program in the Cree community where it carries out its duties;

c) to prepare the list referred to at paragraph 30.5.14; 

d) to advise a person eligible under the program as provided at paragraph 30.3.7. Compl. A. no. 15, s. 1 

Compl. A. no. 15, s. 1 

30.6 Procedures

30.6.1 For the purpose of the program, the program-year shall commence on July 1 of each year. 

Compl. A. no. 15, s. 1 

30.6.2 Each applicant for benefits under the program shall submit an application between July 1 and July 31 each year, unless prevented from doing so by harvesting or related activities, training, education or employment away from the settlement, sickness, accident or other similar circumstances. 

Compl. A. no. 15, s. 1 

30.6.3 No later than August 1 of each year or such other date as may be established by the Board, the local administrator shall transmit to the Board the applications for income security benefits submitted in the Cree community where his or her duties are carried out. 

Compl. A. no. 15, s. 1 

30.6.4 The Board shall review the applications referred to in paragraph 30.6.3 in the light of the Local Income Security Program Lists prepared and submitted by the Local Income Security Program Committees, shall draw up the definitive list of beneficiaries eligible for the program and shall calculate the required funds for each Cree community for the operation of the program during the current year, including administration costs of the program for the current year, taking into account in the estimated total costs any surplus or deficit resulting from the operation of the program in the preceding year. 

Compl. A. no. 15, s. 1 

30.6.5 The Board shall, on the basis of the calculation referred to at paragraph 30.6.4, submit to the Minister a request for the necessary funds for a given period to be determined from time to time by the Board and the Minister shall transfer to the Board, within thirty (30) days of the receipt of such request, the necessary funds to cover the costs of the program including administrative costs for such period. 

Compl. A. no. 15, s. 1 

30.6.6 No later than August 31 of each year, the Board may transfer to the local administrator amounts determined from time to time by the Board sufficient to cover the special payments referred to at paragraph 30.6.9 provided that the amount available to each local administrator is at least equal to 25 % of the total amount paid to beneficiary units in his community in the preceding year. 

Compl. A. no. 15, s. 1 

30.6.7 All funds transferred by the Board to a local administrator shall be held by such local administrator in segregated trust accounts for the specific purpose of payments to heads of beneficiary units in accordance with the provisions of this Section and administration costs incurred by the said local administrator in connection therewith. 

Compl. A. no. 15, s. 1 

30.6.8 The Board shall distribute payments to the heads of beneficiary units through the office of the local administrator, subject to the following provisions:

a) the first payment, equal to one quarter of the estimated total annual payment, shall be made on or about September 1, the second payment on or about January 2, the third payment on or about April 1 and the fourth payment on or about June 30; 

b) any balance shall be paid alter the submission of the information contemplated in paragraph 30.6.11, on the date determined by the Board; 

c) where the head of the beneficiary unit or the consort does not intend to return to his or her settlement before January 2, the payment to be made on September 1 shall be equal to half of the estimated total annual payment; 

d) the Board shall make payments directly to a consort upon request by the consort, in accordance with the criteria established by the Board; 

e) the Board may also, if it considers it necessary and in accordance with the criteria it stipulates, grant to the consort, rather than to the head of the beneficiary unit, the payments due to the unit or that part of the payment attributable to the consort; 

f) where the head of the beneficiary unit or the consort has received an amount exceeding that payable for one year, the overpayment must be reimbursed in accordance with the conditions and procedures established by the Board, within the two years following the subsequent application for income security benefits; 

g) in the event of the death of the head of a beneficiary unit or the consort in the period following the first payment in a program year and prior to the second payment, the minimum to be paid to the beneficiary unit in respect of the deceased shall be equal to at least a quarter of the estimated total annual payment established for the deceased for the year; 

h) the Board may modify any date stipulated in sub-paragraphs a) or c). 

Compl. A. no. 15, s. 1 

30.6.9 Notwithstanding paragraph 30.6.8, the local administrator may issue payments to heads of beneficiary units or the consorts in the following cases: 

a) a head of a beneficiary unit or the consort who intends to be absent from the settlement for a period of ten (10) consecutive days or more for the purpose of conducting harvesting and related activities and who has not received the special payment under sub-paragraph 30.6.8 c) for the said period shall be entitled to receive from the local administrator an advance upon his or her next regular payment in the amount of $ 100.00 per eligible adult in the beneficiary unit; 

b) in the event that a head of a beneficiary unit or the consort does not receive from the Board the payment due to him or her pursuant to subparagraphs 30.6.8 a) or c), the local administrator may issue such payment from the funds held by him. 

Compl. A. no. 15, s. 1 

30.6.10 The amount paid under paragraph 30.4.7 shall be paid at the end of the program-year or such other time as may be established by the Board. 

Compl. A. no. 15, s. 1 

30.6.11 Every head of a beneficiary unit shall be required to provide the local administrator with information for the year just ended and with estimated information for the year just commencing respecting the following:

a) information respecting his family necessary for the calculation referred to in paragraphs 30.4.2 and 30.4.3; 

b) the amount of time spent conducting harvesting and related activities ; 

c) the amount of time spent in wage employment; 

d) the revenue derived from such harvesting and related activities and such wage employment; e) any pertinent information respecting other income referred to in paragraph 30.4.4; 

f) information in accordance with the requirements of the Board indicating the amount of time spent conducting harvesting and related activities in a far harvesting region. 

Compl. A. no. 15, s. 1 

30.6.12 The information referred to in paragraph 30.6.11 may be provided in the form appropriate to local circumstances, including in the form of diaries or affidavits. 

Compl. A. no. 15, s. 1 

30.6.13 The local administrator shall collect such information and forward it to the Board. 

Compl. A. no. 15, s. 1 

30.6.14 Québec and the Board shall have the right to verify or audit all procedures, books and documents provided for in this Section and shall have the right to withhold or reclaim funds or adjust allocations of funds in the event of overpayment or abuse. 

Compl. A. no. 15, s. 1 

Compl. A. no. 15, s. 1 

30.7 Sick Leave, Disaster and Insurance Fund 

I. General 

30.7.1 The purpose of this Sub-Section is to provide compensation, complete or partial, for the loss of income that beneficiaries under the program incurred as a result of not being able to conduct harvesting or related activities due to sickness or a disaster. 

Compl. A. no. 15, s. 1 

30.7.2 The days paid pursuant to the provisions of this Sub-Section shall be paid from the Insurance Fund referred to at paragraph 30.7.18. 

Compl. A. no. 15, s. 1 

30.7.3 The days paid pursuant to the provisions of this Sub-Section are not included in the total number of remunerated person/days referred to at paragraph 30.11.1. 

Compl. A. no. 15, s. 1 

II. Sick Leave

30.7.4 During the 5 years following the coming into force of this Sub-Section, each program beneficiary shall accumulate, in an individual bank of days, for sick leave in accordance with the number of days remunerated pursuant to paragraph 30.4.3 on the following basis per program-year: 

DAYS REMUNERATED DAYS OF SICK LEAVE 

Between 1 and 99 1 

Between 100 and 149 2 

Between 150 and 199 3 

200 and more 4 

Compl. A. no. 15, s. 1 

30.7.5 The maximum number of sick leave days that can be accumulated by a program beneficiary shall be 240. 

Compl. A. no. 15, s. 1 

30.7.6 The members of a beneficiary unit may pool their sick leave days together, however, a member of a unit may only use the sick leave days of the consort after having first completely used his or her own sick leave days and only with the approval of the consort. 

Compl. A. no. 15, s. 1 

30.7.7 There shall be an annual communal bank of days comprising the sum of the days that can be remunerated through the contributions collected during the program year pursuant to paragraph 30.7.20 less the total number of days allocated to the beneficiaries of the program during the program year pursuant to paragraph 30.7.4. 

Compl. A. no. 15, s. 1 

30.7.8 The maximum number of days that can be included in the communal bank each year shall be 2000. 

Compl. A. no. 15, s. 1 

30.7.9 The days included in the communal bank shall first be used to remunerate losses due to disasters up to a maximum of 500 days for each program year. The Board shall determine whether the effects of an event such as a flood or a forest fire are of such significant scale as to qualify as a disaster. 

Compl. A. no. 15, s. 1 

30.7.10 The following provisions shall apply to payments made pursuant to paragraph 30.7.9: a) the daily benefit paid shall be equal to the daily net allowance; 

b) payments shall be made only for the program year during which the disaster occurred unless otherwise determined by the Board; 

c) the days remunerated must fall within a period of the year corresponding to the period of the preceding year, or years as determined by the Board, during which harvesting and related activities were conducted by the beneficiary unit; 

d) the days remunerated shall not have the effect of increasing benefits payable to a beneficiary unit beyond the number of days normally remunerated for that unit as determined by the Board and in any event shall not result in an individual receiving remuneration for days exceeding the total number of days for which each adult in a beneficiary unit may receive payments as stipulated at sub-paragraph 30.4.3 c); 

e) the days paid shall not be included in the total number of remunerated person/days stipulated at paragraph 30.11.1; 

f) no contributions referred to at paragraph 30.7.20 need be paid in respect of the days remunerated. 

Compl. A. no. 15, s. 1 

30.7.11 In cases of sickness, a beneficiary may, after using all sick leave days that he or she has accumulated, be further remunerated from the communal bank: 

a) up to the number of days corresponding to his or her share of the days allocated to the unit for the program year in a case where the consort has not consented to the use of his or her individual bank of sick leave days as provided in paragraph 30.7.6; or 

b) up to the number of days allocated to the unit for the program year in a case where the consort has consented to the use of his or her individual bank of sick leave days, as provided in paragraph 30.7.6, and those days have been used. 

Compl. A. no. 15, s. 1 

30.7.12 In the event that a beneficiary dies during a program year: 

a) the sick days accumulated by the beneficiary shall be cancelled at the end of the program year without compensation or reimbursement to the beneficiary unit; 

b) the consort however may during the program year use the sick days accumulated by the deceased beneficiary. 

Compl. A. no. 15, s. 1 

30.7.13 In the event of a separation or divorce, each beneficiary shall keep the number of sick days that he or she has accumulated. 

Compl. A. no. 15, s. 1 

30.7.14 A beneficiary may retain the sick days he or she has accumulated for 3 consecutive program years during which his or her unit is not enrolled under the program or during the time the unit is granted a temporary leave after which the beneficiary who is still not part of a unit that is enrolled under the program shall lose the days that he or she has accumulated. 

Compl. A. no. 15, s. 1 

30.7.15 A consort in a unit enrolled under the program shall lose his or her accumulated sick leave days after 5 consecutive program-years of not making contributions to the Insurance Fund. 

Compl. A. no. 15, s. 1 

30.7.16 Except where otherwise provided in this Section, no compensation or reimbursement shall be made as a result of loss or cancellation of accumulated sick leave days. 

Compl. A. no. 15, s. 1 

30.7.17 A beneficiary unit is entitled to the payment of sick leave benefits under this Sub-Section provided that:

a) a document signed by a doctor or other person recognized for this purpose by the Board, certifies that the beneficiary was unable, during a given period, to practice harvesting or related activities because he or she was sick or injured; 

b) the days remunerated are days in a period of time during which the beneficiary usually conducts harvesting or related activities determined with reference to the preceding year, unless the Board determines a different reference period; 

c) the days for which a claim is made under this Sub-Section have not been remunerated and are not eligible to be remunerated in virtue of other provisions of the program; 

d) the number of days remunerated pursuant to this Sub-Section added to the number of days remunerated pursuant to paragraph 30.4.3 shall not exceed the number of days for which a beneficiary unit was remunerated during the previous year, or such previous years as may be determined by the Board, but in no case shall exceed the number of days for each adult specified at sub-paragraph 30.4.3 c); 

e) payments of sick leave benefits shall be made at the end of the program year, or on such other date as may be determined by the Board, at which time the beneficiary unit must be informed of the amounts and number of days that have been remunerated pursuant to this Sub-Section and must also be informed of the number of days that both the head and the consort have remaining in their individual banks. 

Compl. A. no. 15, s. 1 

III. Insurance Fund 

30.7.18 A fund, hereinafter referred to as the “Insurance Fund”, is established to finance the provisions of this Sub-Section relating to sick leave and disaster. 

Compl. A. no. 15, s. 1 

30.7.19 The Insurance Fund shall be administered by the Board. 

Compl. A. no. 15, s. 1 

30.7.20 The Insurance Fund shall be financed through equal contributions from Québec and the beneficiaries of the program in the following manner: 

a) each beneficiary unit shall contribute annually to the Insurance Fund for each day remunerated under the program pursuant to paragraph 30.4.3, with the exception of days remunerated for sick leave, disaster and catastrophe, an amount which shall be deducted automatically from the program benefits payable to the beneficiary unit for the program year; 

b) Québec shall contribute each year an amount equal to that of the total contributions paid by the beneficiaries for the program year. 

Compl. A. no. 15, s. 1 

30.7.21 During the 5 years following the coming into force of the provisions regarding the Insurance Fund, the contribution to the fund shall be equivalent to 2.4% of the amount paid pursuant to paragraph 30.4.3, divided equally between Québec and the beneficiary units enrolled under the program. 

Compl. A. no. 15, s. 1 

30.7.22 Following the fifth year of the coming into force of the provisions regarding the Insurance Fund : a) the Board may modify the contributions required provided that:

i) the minimum contribution shall be equal to 0.24 of 1% of the amount payable under paragraph 30.4.3; 

ii) the maximum contribution shall not exceed 2.6% of the amount payable under paragraph 30.4.3; 

iii) in the event that there are surpluses in the Insurance Fund, the Board may apply such surpluses to lower contributions subject to the following: 

1. if the accumulated surplus is under 10% of the amount required to meet the obligations under this Sub-Section, there shall be no change to the contributions; 

2. if the accumulated surplus is between 10% and 19% of the amount required to meet the obligations under this Sub-Section, the Board may chose to reduce contributions; 

3. if the accumulated surplus is 20% of the amount required to meet the obligations under this Sub Section or greater, the Board shall reduce the contributions; 

b) the Board may, rather than modifying the contributions, increase the number of sick days to which an individual is entitled annually or modify, in a manner consistent with this Sub-Section, the provisions relating to the communal bank; 

c) the Board may choose to combine any or all of the measures provided at sub-paragraphs a) and b) of this paragraph; 

d) the Board must ensure in all cases that there are sufficient funds in the Insurance Fund to cover all individual sick day banks at the prevailing daily net allowance. 

Compl. A. no. 15, s. 1 

30.7.23 The Insurance Fund shall be held in trust by the Board for the purposes specifically provided for in this Sub-Section. 

Compl. A. no. 15, s. 1 

30.7.24 The contributions of the beneficiaries and of Québec to the Insurance Fund shall be deposited by the Board as they are received in one or several banks contemplated by the Bank Act, S.C. 1991, c. 46, or by the Cooperative Credit Associations Act, S.C. 1991, c. 48. 

Compl. A. no. 15, s. 1 

30.7.25 The Board may determine from time to time amounts in the Insurance Fund not required at the time for payments to beneficiaries in virtue of this Sub-Section or for other purposes specifically provided for in this Sub-Section and may invest such sums in securities ensuring the protection of the capital and, subject to protection of the capital, a reasonable return. 

Compl. A. no. 15, s. 1 

30.7.26 The assets of the Insurance Fund: 

a) shall not be part of the Board’s assets and cannot be used by the Board for purposes other than those stipulated in this Sub-Section; 

b) are not seizable; 

c) may be used in respect of the execution of a judgment by a court of competent jurisdiction against the Board in respect of its management or administration of the Insurance Fund. 

Compl. A. no. 15, s. 1

30.7.27 The Board shall determine from time to time the amounts required to pay the administrative costs related to the Insurance Fund and such administrative costs shall be paid out of the Insurance Fund. 

Compl. A. no. 15, s. 1 

30.7.28 The Board shall be responsible for maintaining distinct books and accounts for the Insurance Fund. 

Compl. A. no. 15, s. 1 

30.7.29 The fiscal year for the Insurance Fund shall correspond to the program year. 

Compl. A. no. 15, s. 1 

30.7.30 The Board shall each year report to the Cree Regional Authority and to Québec respecting the operations of the Insurance Fund. 

Compl. A. no. 15, s. 1 

30.7.31 Notwithstanding paragraph 30.12.1, 

a) the provisions of this Sub-Section and other provisions of this Section related to sick leave, disasters and the Insurance Fund shall cease to have effect and shall be considered rescinded at the end of the program year in which a notice in writing is given by the Cree Regional Authority to Québec stating that the program beneficiaries no longer wish to participate in a sick leave plan provided that such notice shall not be given within the first 5 years of the implementation of this Sub-Section and may only be given within 5 years following that fifth anniversary of the implementation of this Sub-Section; 

b) after the provisions of this Sub-Section and of this Section relating to sick leave have been in force for a period of 5 years, they may be modified in whole or in part by agreement between the Chairman of the Cree Regional Authority and the Minister but only after receiving advice from the Board. 

Compl. A. no. 15, s. 1 

30.7.32 In the event that the provisions relating to sick leave, disasters and the Insurance Fund are rescinded as provided at sub-paragraph 30.7.31 a), the Board shall pay all amounts due from the Insurance Fund for the period prior to the rescinding of the sick leave and disaster provisions and shall distribute any balance remaining in the Insurance Fund after such payments in the following proportions: 

a) 50% to the beneficiaries of the program in a manner to be determined by the Board, and b) 50% to Québec. 

Compl. A. no. 15, s. 1 

Compl. A. no. 15, s. 1 

30.8 Catastrophe 

30.8.1 For the purposes of this Sub-Section: 

a) “catastrophe” shall mean an event such as an earthquake or a major forest fire, whatever the cause, that has a significant impact on the harvesting and related activities of the beneficiaries resulting in a reduction of days spent in harvesting and related activities; 

b) the Board shall determine, in a manner consistent with the provisions of this Section and particularly this Sub-Section, what specific events shall constitute a catastrophe. 

Compl. A. no. 15, s. 1

30.8.2 With respect to payment of benefits in the case of catastrophes: 

a) the Board shall make recommendations to the Minister regarding: 

i) the appropriateness of applying the provisions related to catastrophes; 

ii) the daily rate to be applied for the period to be covered through these provisions and the total amount of compensation to be paid, provided that the daily compensation paid to a beneficiary unit for each day under this measure shall never exceed the daily net allowance; 

iii) the number of days to be compensated; 

b) no contribution need be paid in respect of benefits paid pursuant to this paragraph and no days for sick leave shall be allocated for the days compensated pursuant to this paragraph; 

c) no payment shall be made pursuant to this paragraph if there exist other means of compensation for the days lost as a result of a catastrophe; 

d) all individual claims by a beneficiary unit made pursuant to this paragraph must be approved by the Board; 

e) the Board may adopt administrative rules respecting the presentation of a claim pursuant to this paragraph, the manner in which the Board shall treat such claim and the manner of payment. 

Compl. A. no. 15, s. 1 

Compl. A. no. 15, s. 1 

30.9 Examination, Review and Appeals 

30.9.1 Notwithstanding sub-paragraphs 30.3.3 a) to n), if a Cree believes that, consistent with the nature and purposes of the program, he or she should be considered eligible and should receive benefits under the program, the Board may, upon request from such person, examine or review the case and determine if the grounds given by this person are consistent with the nature and purposes of the program and decide if such person shall be considered eligible and benefit under the program. The decision of the Board must be by unanimous vote of the members present at the meeting considering the matter. 

Compl. A. no. 15, s. 1 

30.9.2 If the head of a beneficiary unit or his consort believes himself or herself aggrieved because the beneficiary unit has been refused income security benefits, because he or she considers the beneficiary unit is entitled to higher income security benefits, because the income security benefits of the beneficiary unit have been reduced, suspended or discontinued, or because the Board has refused to make payments directly to a consort as provided in subparagraphs 30.6.8 d) and e), he or she may appeal to the Board to review its decision. 

Compl. A. no. 15, s. 1 

30.9.3 An application for a review by the Board shall be made in writing within sixty (60) days after the complainant is notified of the decision he or she applies to have reviewed. The application for review must contain a brief account of the grounds invoked and must be sent to the Board. 

Compl. A. no. 15, s. 1 

30.9.4 Upon receipt of the application for review, the Board shall verify the facts and circumstances of the case, examine the grounds invoked and render its decision within sixty (60) days of receiving the application for review. The Board shall immediately give notice in writing to the complainant of the decision rendered, the reasons on which it is based and any right to further appeal. 

Compl. A. no. 15, s. 1 

30.9.5 If a person feels aggrieved by a decision of a Local Income Security Program Committee which he or she has not appealed, he or she may request that the Committee review its decision in accordance with the following procedures: 

a) the request for revision must be presented to the Committee within 15 days following the posting of the list contemplated at paragraph 30.5.19; 

b) the Committee must, before deciding on its review, give the person an opportunity to be heard; c) the Committee may maintain or reverse its original decision; 

d) any decision rendered pursuant to sub-paragraph c) that is unfavorable to the person who requested the review shall be in writing and include reasons and must be transmitted to the said person together with information on his or her right to appeal the decision; 

e) in the case of a decision favorable to the person who requested the review, the Committee shall modify the list provided for in paragraph 30.5.14 and submit it to the Board no later than September 15. 

Compl. A. no. 15, s. 1 

30.9.6 If a person feels aggrieved by a decision of the Local Income Security Program Committee pursuant to a review in virtue of paragraph 30.9.5, he or she may appeal to the Board. Paragraphs 30.9.3 and 30.9.4 apply with the necessary changes to an appeal made pursuant to this paragraph. 

Compl. A. no. 15, s. 1 

30.9.7 The Board may maintain or reverse a decision submitted to it. 

Compl. A. no. 15, s. 1 

30.9.8 An appeal may be made to the Tribunal administratif du Québec or its successor concerning a decision rendered by the Board pursuant to paragraph 30.9.7. 

Compl. A. no. 15, s. 1 

30.9.9 Any appeal made pursuant to this Sub-Section does not suspend the application of a decision made by the Local Income Security Program Committee or the Board, as the case may be. 

Compl. A. no. 15, s. 1 

Compl. A. no. 15, s. 1 

30.10 Review of the Program 

30.10.1 Québec and the Cree Regional Authority shall from time to time review the operation of the program, procedures and benefits established by and in accordance with this Section and may by mutual consent make any adjustments necessary for the proper functioning of or to give effect to the program, procedures and benefits provided for in this Section including more particularly the provisions of paragraphs 30.2.3, 30.2.8 and 30.2.9. 

Compl. A. no. 15, s. 1 

30.10.2 With respect to the basic guarantee under the program:

a) in the event that the basic guarantee for families without other income under any social aid, social assistance for Indians or Inuit, or guaranteed annual income program of general application existing in Québec is increased, the program shall be modified by the Board so as to assure that, on the basis of a family of two (2) adults, the present ratio between the basic guarantee under such programs and the basic guarantee under the program is maintained by increasing proportionally each of the amounts provided for at sub-paragraphs 30.4.2 a) and b); 

b) if a guaranteed annual income program of general application is introduced which includes basic guarantees for persons with earned incomes distinct from basic guarantees for persons with no income, the program shall be modified by the Board so as to assure that on the basis of a family of two (2) adults, the basic guarantee under the program and such basic guarantee for persons with earned income under the guaranteed annual income program of general application are equal by increasing proportionally each of the amounts provided for at subparagraphs 30.4.2 a) and b). In no case shall such revision reduce the amounts provided for at sub-paragraphs 30.4.2 a) and b); 

c) the provisions of sub-paragraph 30.10.2 a) shall apply unless the Board by unanimous decision of the members present at the meeting considering the matter decides to apply the provisions of sub paragraph 30.10.2 b) in which case sub-paragraph 30.10.2 a) and paragraph 30.10.5 shall not apply for such time as the guaranteed annual income program structure contemplated in sub-paragraph 30.10.2 b) exists. 

Compl. A. no. 15, s. 1 

30.10.3 In the event that the weighted average benefits per child under sub-paragraph 30.4.2 c) and under family and youth allowances due to families eligible under the program is less than equal to the weighted average benefits per child that would be due under the basic guarantee in virtue of any social aid, transfer payment or guaranteed annual income program in Québec and family and youth allowances to the same families if they were eligible under such programs, the program shall be modified by the Board by increasing the amount provided for at sub-paragraph 30.4.2 c) by the amount of the difference between the two (2) weighted averages. 

Compl. A. no. 15, s. 1 

30.10.4 Subject to paragraph 30.10.3, in the event that family allowances provided to citizens of Québec at the date of the execution of the Agreement are increased over and above the increase due to indexation, the dollar amount provided for at sub-paragraph 30.4.2 c) shall not be indexed by the Board pursuant to paragraph 30.4.10 until such time as the cumulative increase which would have resulted from the indexing of the amounts provided for at sub-paragraph 30.4.2 c) equals the amount indexed on the same basis, of such increase in family allowances. 

Compl. A. no. 15, s. 1 

30.10.5 In the event that any social aid, social assistance for Indians or Inuit or guaranteed income program of general application which exists in Québec is revised, including increases due to indexation, the program will be modified, in accordance with the provisions of paragraph 30.10.7, if the break-even point for a family of two adults in the program is less than the break-even point for the same family size in such program of general application in Québec. Such modification will never reduce the break-even point in the program. 

Compl. A. no. 15, s. 1 

30.10.6 In the event that any social aid program existing from time to time in Québec is modified or a guaranteed annual income program of general application is established or modified, the Board may request a review of the program if in its opinion it would have been more expensive for Québec, during any period of one (1) year running from July 1 to June 30, to enroll all beneficiaries of the program in such social aid program or such guaranteed income program of general application and in such case the program shall be modified in accordance with the provisions of paragraphs 30.10.7 and 30.10.9. 

Compl. A. no. 15, s. 1 

30.10.7 In the case of modifications to the program effected pursuant to and in accordance with paragraphs 30.10.5 and 30.10.6, Québec shall effect such modifications only after prior consultation with and upon recommendations of the Board. Such modifications to the program not contemplated by paragraphs 30.10.2 and 30.10.3 shall assure that the basic guarantee established by and in accordance with paragraph 30.4.2 for the program shall not be reduced and the exemptions and the reduction rate established by and in accordance with paragraphs 30.4.4 and 30.4.5 for the program shall not be modified unless the Board otherwise decides by unanimous decision of the members present at the meeting considering the matter. 

Compl. A. no. 15, s. 1 

30.10.8 In the event that the benefits of any social aid or guaranteed annual income program of general application existing from time to time in Québec are indexed to an index other than the cost of living index in Québec, the program shall be adjusted by the Board to provide that such index is applied to the dollar amounts provided for at paragraph 30.4.2 and that the index applied to other dollar amounts provided for in the program shall be comparable to the index applied to comparable benefits in such program of general application if same would result in a better maintenance of the relative benefits of the program over the years than would the index currently in use in the program. 

Compl. A. no. 15, s. 1 

30.10.9 In the event that any other guaranteed annual income, transfer payment, or income security programs of general application are established, or are significantly modified from time to time in Québec, whether such programs are established or funded by Canada or Québec: 

a) subject to the provisions of this Sub-Section, Québec and the Cree Regional Authority shall review the program and shall by mutual consent make any adjustments necessary to ensure the continued existence of the program and the maintenance of the purpose and principles of the program; 

b) a lack of agreement between Québec and the Cree Regional Authority on a matter contemplated in sub-paragraph 30.10.9 a) shall not prejudice the rights of beneficiaries under the program including those set forth in paragraphs 30.2.3, 30.2.8 and 30.2.9 and failing such agreement the necessary adjustments shall be effected through binding arbitration in accordance with the laws of Québec and upon the basis of the principles set forth in this Section. For the purposes of such arbitration, Québec and the Cree Regional Authority shall each appoint one arbitrator. The arbitrators so appointed shall together appoint a third arbitrator. 

Compl. A. no. 15, s. 1 

30.10.10 In addition to the process provided in paragraphs 30.10.1 to 30.10.9, a mechanism for review of the implementation and application of this Section is established as follows: 

a) Québec and the Cree Regional Authority may initiate a review by submitting to the Board, with a copy to the other party, a written notice signed by, in the case of Québec, the Minister or one of the members of the Board appointed by Québec and, in the case of the Cree Regional Authority, its Chairman or one of the members of the Board appointed by the Cree Regional Authority, requesting the review of any aspect of the program;

b) the Board shall consider the request within the 90 days following receipt of the written notice referred to at sub-paragraph a) or within any other period agreed to by the Minister and the Chairman of the Cree Regional Authority; 

c) if the Board does not arrive at a solution satisfactory to both the Minister and the Chairman of the Cree Regional Authority, it shall again consider the matter within 150 days of the date of the receipt of the notice referred to in sub-paragraph a) or within any other period agreed to by the Minister and the Chairman of the Cree Regional Authority; 

d) should the Board, after considering the matter as provided in subparagraph c), fail to reach a position acceptable to the Minister and the Chairman of the Cree Regional Authority, it shall so notify the Minister and the Chairman of the Cree Regional Authority who may within 45 days following the date of the receipt of such notice from the Board or within any other period agreed to by the Minister and the Chairman of the Cree Regional Authority: 

i) determine an agreed upon solution; 

ii) designate a third party to inquire, collect relevant information and draft recommendations; iii) institute a mediation process agreed upon; or 

iv) institute the binding arbitration process provided for at subparagraph 30.10.9 b); 

e) if an agreement between the Minister and the Chairman of the Cree Regional Authority is achieved, the parties shall within a reasonable delay take the necessary measures to implement their agreement; 

f) if there is no agreement between the Minister and the Chairman of the Cree Regional Authority pursuant to sub-paragraph d) and the parties have not instituted the binding arbitration process provided for at subparagraph 30.10.9 b), Québec, the Cree Regional Authority and the Board shall include the issue in question in the next review of the program held pursuant to paragraph 30.10.1. 

Compl. A. no. 15, s. 1 

Compl. A. no. 15, s. 1 

30.11 Final Provisions 

30.11.1 Subject to modification by the mutual consent of Québec and the Cree Regional Authority, the total number of remunerated person/days contemplated at paragraph 30.4.3 in each program-year shall not exceed three hundred and fifty thousand (350 000) person/days and the total number of remunerated person/days contemplated at paragraph 30.4.7 in each program-year shall not exceed one hundred thousand (100 000) person/days or, in either case, such greater number of person/days as may be fixed by Québec after consultation with the Board. 

Compl. A. no. 15, s. 1 

30.11.2 At least one hundred and eighty-five thousand (185 000) person/days or any greater number of such days as may be fixed by Québec after consultation with the Board, must be spent in harvesting or related activities while other days may be spent in such activities or in land development activities having been the subject of a decision of the Minister pursuant to paragraph 30.3.8. 

Compl. A. no. 15, s. 1 

30.11.3 In the event that, at the commencement of a program year, the Board determines that the estimated total person/days to be remunerated under paragraph 30.4.3 exceeds three hundred and fifty thousand (350 000), it shall review the operation of the program and recommend appropriate measures to be implemented in succeeding years in order to give effect to the provisions of paragraph 30.11.1 or any modifications pursuant thereto. 

Compl. A. no. 15, s. 1 

30.11.4 If, for any program year, the demand for days to be remunerated under paragraph 30.4.7 exceeds 100 000 days, the Board shall, in order to comply with paragraph 30.11.1, determine how the available 100 000 days shall be allocated to beneficiary units claiming such days under paragraph 30.4.7 for that program year. 

Compl. A. no. 15, s. 1 

30.11.5 If, for any program year, the demand against the communal bank for the payment of sick days exceeds the number of days in the communal bank after the payment of days lost due to disasters, the Board shall determine how the days available in the communal bank shall be allocated to beneficiary units claiming such days for that program year. 

Compl. A. no. 15, s. 1 

30.11.6 If, for any program year, the demand for payments due to disasters pursuant to paragraph 30.7.9 exceeds 500 days, the Board shall determine how the days available shall be allocated to beneficiary units claiming such days for that program year. 

Compl. A. no. 15, s. 1 

30.11.7 In the event that the Minister does not receive the recommendation referred to at paragraph 30.11.3 before December 31 of any given year or if he has cause to believe that such recommendations will not give proper effect to the provisions of paragraph 30.11.1, he may, after further consultation with the Board, effect such modifications as are necessary to give proper effect to the provisions of the said paragraph. 

Compl. A. no. 15, s. 1 

30.11.8 Notwithstanding any other Act, the Board may when appropriate obtain from any government department or body any information that it considers necessary respecting the benefits of any kind which such department or body has paid, is paying or would be authorized to pay to any person who receives or applies for benefits under the program. 

Compl. A. no. 15, s. 1 

30.11.9 Subject to the provisions of this Section, the Minister may, after consultation with the Board, establish such further administrative procedures, including requirements for verification of information, and prescribe such penalties as may be necessary to give full force and effect to this Section. 

Compl. A. no. 15, s. 1 

Compl. A. no. 15, s. 1 

30.12 Amendment Clause and Legislation 

30.12.1 Unless otherwise specifically provided in this Section, the provisions of this Section can only be amended with the consent of Québec and the interested Native party. 

Compl. A. no. 15, s. 1

30.12.2 Legislation enacted to give effect to the provisions of this Section may be amended from time to time by the National Assembly of Québec. 

Compl. A. no. 15, s. 1 

Compl. A. no. 15, s. 1

Annex 1 

– Maps of far harvesting regions. 

See plan no. 67 Chisasibi (Complementary Documents) 

See plan no. 68 Eastmain (Complementary Documents) 

See plan no. 69 Mistissini (Complementary Documents) 

See plan no. 70 Nemaska (Complementary Documents) 

See plan no. 71 Oujé-Bougoumou (Complementary Documents) 

See plan no .72 Waskaganish (Complementary Documents) 

See plan no. 73 Waswanipi (Complementary Documents) 

See plan no. 74 Wemindji (Complementary Documents) 

See plan no. 75 Whapmagoostui (Complementary Documents) 

JBNQA, s. 30 

A. corr. 

Compl. A. no. 8, sch. I, ss. 1 to 26 

Compl. A. no. 15, s. 1 and Sch. 1

SECTION 30A 

Forestry Regime 

30A.1 The Québec forestry regime will apply in the Territory defined in the Agreement Concerning a New Relationship dated February 7th, 2002 in a manner that allows: 

a) adaptations to better take into account and respect the Cree traditional way of life; b) greater integration of concerns relating to sustainable development; 

c) participation, in the form of consultation, by the James Bay Crees in the various forest activities planning and management processes. 

Specific modalities related to these adaptations, this integration and this participation have been agreed to between Québec and the Cree Regional Authority in an Agreement concerning a new relationship. The calculation of the annual allowable cut will be determined on the basis of management units which will, in principle, be made up of groupings of Cree traplines. 

Compl. A. no. 14, s. 1 

30A.2 The adapted forestry regime will establish particular rules and procedures applicable in the territory, will respect the principles set out in this JBNQA and the Forest Act (R.S.Q., c. F-4.1) (including the recognition of the forest heritage and the sustainable management of the forest as set out in the preliminary provisions of the Forest Act) and it will give due consideration to the protection of the hunting, fishing and trapping rights of the Crees, the protection of Native people, societies, communities and economies, the protection of wildlife resources, of the physical and biotic environment, and of ecological systems. 

Compl. A. no. 14, s. 1 

30A.3 The following mechanisms will be instituted to ensure the participation, in the form of consultation, by the James Bay Crees in the various forest activities planning and management processes: the Cree-Québec Forestry Board and the joint working groups. 

Compl. A. no. 14, s. 1 

30A.4 The Cree Regional Authority and Québec shall each appoint five (5) members to the Cree-Québec Forestry Board. In addition, a Chairperson shall be appointed to this Cree-Québec Forestry Board by the Québec upon recommendation of the Ministre des Ressources naturelles after consultation with the Cree Regional Authority. Québec and the Cree Regional Authority may agree on the modalities under which such consultation is carried out. 

Compl. A. no. 14, s. 1 

30A.5 The Cree-Québec Forestry Board shall have the following main responsibilities: a) to monitor, analyse and assess the implementation of the adapted forestry regime for the territory; 

b) to recommend to Québec and to the Cree Regional Authority, as the case may be, adjustments or modifications to the adapted forestry regime for the territory; 

c) to bring to the attention of the Ministre des Ressources naturelles proposals, preoccupations and comments related to laws, regulations, policies, programs, management guides and practical field guides related to forestry, as well as guidelines, directives and instructions related to the preparation of all forest management plans;

d) to review the implementation mechanisms for the joint working groups regarding the elaboration, the consultations and the monitoring of all forest management plans applicable in the territory; 

e) to be involved in the different planning processes of forest management activities in the territory and to participate in the different stages of the management of forest activities, in particular those connected to the review of the general forest management plans prior to their approval as well as in regard to proposed modifications to those plans. The Board will have 120 days from the receipt of the general plans and 90 days from the receipt of the modifications to make comments to the Ministre des Ressources naturelles prior to the approval of the plans or modifications thereto. The Ministre des Ressources naturelles may extend these timeframes if he deems it appropriate; 

f) to study the annual forest management plans after their approval, which plans shall be sent to the Cree-Québec Forestry Board on demand in order that it may make known to the Ministre des Ressources naturelles, as the case may be, proposals, concerns and comments regarding these plans, and particularly in regard to systemic issues concerning these plans or the process of their elaboration or approval; 

g) any other responsibilities in regard to forestry which may be assigned to it jointly by Québec and the Cree regional Authority. 

Compl. A. no. 14, s. 1 

30A.6 The joint working groups composed of two members appointed by the concerned Cree community and two members appointed by the Ministre des Ressources naturelles will be established in each Cree community affected by forestry activities in the territory. 

Compl. A. no. 14, s. 1 

30A.7 The joint working groups have the following mandate: 

a) to integrate and implement the specific rules of the adapted forestry regime agreed to by Québec and the Cree Regional Authority; 

b) when required, to elaborate harmonization measures flowing from the technical provisions of the adapted forestry regime; 

c) to ensure that all the pertinent and available data related to forestry will be available to each party; d) to review conflictual uses in order to find acceptable solutions; 

e) to discuss any technical issues, including the acquisition of knowledge considered necessary by the joint working group; 

f) to ensure the implementation of the processes relating to the preparation, consultation and monitoring of the forest management plans; 

g) to adopt internal operating rules. 

Compl. A. no. 14, s. 1