The Grand Council of the Crees

Mercury Agreement

Posted: 2001-00-00

 

 

 

 

MERCURY AGREEMENT (2001)


MERCURY AGREEMENT(2001)

 

TABLE OF CONTENT

 

                                                                                                                                       PAGE

 

 

PREAMBLE...................................................................................................................... 6

 

Chapter I ? DEFINITIONS

 

1.1       Apatissiiwin Corporation........................................................................................... 8

1.2       Boumhounan Agreement........................................................................................... 8

1.3       C.Q.H.-Q. Mercury Agreement (1986).................................................................... 8

1.4       CRBHSSJB............................................................................................................. 8

1.5       Cree Band................................................................................................................8

1.6       Cree, Crees or James Bay Crees.............................................................................. 8

1.7       Cree Enterprise........................................................................................................ 8

1.8       Cree Entity...............................................................................................................9

1.9       Cree Parties.............................................................................................................9

1.10     Cree Regional Authority or CRA..............................................................................9

1.11     Crees of Ouj?-Bougoumou....................................................................................... 9

1.12     EM 1‑A/Rupert River Project................................................................................... 9

1.13     EM 1 Project........................................................................................................... 9

1.14     Employment Fund..................................................................................................... 9

1.15     Eeyou Namess Corporation or Corporation.............................................................. 9

1.16     Financial Year.......................................................................................................... 9

1.17     Fishery Restoration and Development Programs........................................................ 9

1.18     Future Development Project..................................................................................... 9

1.19     Hydro-Qu?bec......................................................................................................... 10

1.20     Hydro-Qu?bec?s Corporate Research Program on Mercury...................................... 10

1.21     James Bay and Northern Quebec Agreement or JBNQA.......................................... 10

1.22     James Bay Region.................................................................................................... 10

1.23     Le Complexe La Grande (1975)............................................................................... 10

1.24     Mercury .................................................................................................................. 10

1.25     Mercury Funds......................................................................................................... 10

1.26     Monitoring and Research Programs........................................................................... 10

1.27     Nadoshtin Agreement............................................................................................... 10

1.28     Opimiscow Agreement ? La Grande (1992).............................................................. 10

1.29     Parties...................................................................................................................... 11

1.30     Public Health Authorities........................................................................................... 11

1.31     Rate of Indexation.................................................................................................... 11

1.32     Soci?t? d??nergie de la Baie James or SEBJ.............................................................. 11

 

Chapter 2 ? OBJECTS AND INTENT OF THE AGREEMENT.................................. 12

 

Chapter 3 ? NAMESS CORPORATION

 

3.1       Requirement of a legal vehicle................................................................................... 13

3.2       Establishment of the Namess Corporation................................................................. 13

3.3       Membership............................................................................................................. 13

3.4       Board of Directors.................................................................................................... 13

3.5       Decisions and Quorum..............................................................................................13

3.6       Objects.................................................................................................................... 14

3.7       Head Office.............................................................................................................. 14

3.8       Administrative and financial procedures.....................................................................14

3.9       Documentation......................................................................................................... 15

3.10     Collaboration between the Parties and the Corporation.............................................. 15

3.11     Acceptance of obligation by the Corporation............................................................. 16

3.12     Duration of the Eeyou Namess Corporation.............................................................. 16

 

Chapter 4 ? MERCURY FUNDS

 

4.1       The Establishment of Mercury Funds......................................................................... 17

4.2       Contributions to the Namess Fund............................................................................ 17

4.3       Use and Purposes of the Namess Fund..................................................................... 17

4.4       Administration and control of Namess Fund.............................................................. 18

4.5       Reports.................................................................................................................... 19

4.6       Advance contributions.............................................................................................. 19

 

Chapter 5 ? MONITORING AND RESEARCH PROGRAMS

 

5.1       Constitution.............................................................................................................. 20

5.2       Health monitoring and research programs.................................................................. 20

5.3       Environmental Monitoring and Research Programs.................................................... 23

 

Chapter 6 ? FISHERY RESTORATION AND DEVELOPMENT PROGRAMS

 

6.1       The programs........................................................................................................... 25

 

Chapter 7 ? DISPUTE RESOLUTION MECHANISM................................................. 25

 

Chapter 8 ? GENERAL PROVISIONS

 

8.1       Publication................................................................................................................ 27

8.2       Intellectual property rights......................................................................................... 27

8.3              Maintenance of remedial works from the Fisheries

            Restoration and Development Programs.................................................................... 27

8.4       Liability not affected.................................................................................................. 28

8.5       Future Hydroelectric Projects................................................................................... 28

8.6       Responsibilities of third parties.................................................................................. 28

8.7       Preamble and Schedule............................................................................................. 28

8.8       Amendment.............................................................................................................. 28

8.9       Successors............................................................................................................... 28

8.10     Languages of Agreement........................................................................................... 29

8.11     Coming into force and termination of this Agreement.................................................. 29

 

SIGNATORIES................................................................................................................. 30

 

Schedule A......................................................................................................................... 31


MERCURY AGREEMENT (2001)

 

BY AND BETWEEN:             The GRAND COUNCIL OF THE CREES (Eeyou Istchee), a corporation duly incorporated, herein acting and represented by the Grand Chief, Dr. Ted Moses, duly authorized to execute this Agreement,

 

                                                (hereinafter referred to as the "GCC(EI)")

 

AND:                                       The CREE REGIONAL AUTHORITY, a corporation duly constituted as such under Chapter 89 of the Statutes of Quebec 1978 (now R.S.Q., chapter A-6.1), herein acting and representing by its Chairman, Dr. Ted Moses, duly authorized to execute this Agreement,

 

                                                (hereinafter referred to as the "CRA")

 

AND:                                       HYDRO-QU?BEC, a corporation duly incorporated under the Hydro-Qu?bec Act (R.S.Q., c. H-5) with its head office in Montr?al, herein acting and represented by Mr. Andr? Caill?, its President and Chief Executive Officer, duly authorized to execute this Agreement,

 

AND:                                       La SOCI?T? D'?NERGIE DE LA BAIE JAMES, a corporation duly incorporated with its head office in Montr?al, Qu?bec, herein acting and represented by its President, Mr. Elie Saheb, duly authorized to execute this Agreement,

 

                                                (hereinafter collectively referred to as "Hydro-Qu?bec")


PREAMBLE

 

 

WHEREAS the Parties executed the C.Q.H.-Q. Mercury Agreement (1986) on November 6, 1986;

 

WHEREAS, under the C.Q.H.-Q. Mercury Agreement (1986), the parties agreed to jointly review the implementation of the Mercury Program, the provisions of the C.Q.H-Q. Mercury Agreement (1986) and its application, and to evaluate the effectiveness of these in attaining the objectives of the C.Q.H.-Q. Mercury Agreement (1986);

 

WHEREAS under 11.3 of the Opimiscow Agreement ? La Grande (1992), the Parties agreed that changes are required to the C.Q.H-Q. Mercury Agreement (1986);

 

WHEREAS the Parties acknowledge that mercury is a cause of major concern in the James Bay Region in respect to its implications for the health of both human beings and wildlife;

 

WHEREAS the Parties agree to work collaboratively, within the framework of this Agreement, to address both the human health and environmental issues raised by the presence of mercury in the environment;

 

WHEREAS the Parties agree that it is appropriate to address the presence of other contaminants in the wildlife of the James Bay Region, and therefore to integrate an assessment of such contaminants in strategies developed to address problems associated with mercury;

 

WHEREAS the decline in domestic fisheries in Cree society, in part as a result of environmental mercury contamination, is a particular source of concern of the Parties;

 

WHEREAS the decline in Cree fisheries has nutritional and other public health implications for the James Bay Crees;

 

WHEREAS the Cree Regional Authority and the GCC(EI) act on their own behalf and on behalf of the James Bay Crees for the purpose of this Agreement;

 

WHEREAS the Parties agree that this Agreement supersedes and replaces the C.Q.H.‑Q. Mercury  Agreement (1986) and all obligations thereunder as of this date;

 

WHEREAS the Parties acknowledge that Hydro-Qu?bec cannot transfer or surrender to another party its responsibilities regarding the monitoring of mercury levels in the fish populations of the modified environments of the La Grande complex and the research on the effects on wildlife of the increase in mercury concentrations in fish caused by hydroelectric development projects as well as research on and implementation of mitigation measures aimed at preventing or reducing the increase of mercury concentrations in fish caused by existing hydroelectric development projects or  future hydroelectric projects;

 

WHEREAS the Parties acknowledge the role and responsibilities of Public Health Authorities and of the Cree Regional Board of Health and Social Services of James Bay in particular in assessing and managing the risks associated with mercury in the James Bay Region;

 

WHEREAS the Parties acknowledge that this Agreement does not affect the role and responsibilities of Public Health Authorities, including the CRBHSSJB, in assessing and managing the health and other risks associated with mercury in the James Bay Region;

 

WHEREAS the Parties consider that it is expedient to agree upon Monitoring and Research Programs and Fisheries Restoration and Development Programs;

 

WHEREAS the Grand Council of the Crees (Eeyou Istchee), the Cree Regional Authority, the Eastmain Band, the Cree Nation of Mistissini, the Nemaska Band, the Waskaganish Band, Hydro-Qu?bec and la Soci?t? d??nergie de la Baie James have executed contemporaneously with this Agreement an agreement known as the Nadoshtin Agreement which provides for the construction, operation and maintenance of the EM 1 Project;

 

WHEREAS the Grand Council of the Crees (Eeyou Istchee), the Cree Regional Authority, the Eastmain Band, the Cree Nation of Mistissini, the Nemaska Band, the Waskaganish Band, Hydro-Qu?bec and la Soci?t? d??nergie de la Baie James have executed contemporaneously with this Agreement an agreement known as the Boumhounan Agreement which provides for the construction, operation and maintenance of the EM 1‑A/Rupert Project;

 

 

 

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

 


Chapter 1

 

DEFINITIONS


Chapter 1 --         DEFINITIONS

 

 

For the purposes of this Agreement, and unless otherwise expressly provided or indicated by the context, the following words and phrases mean:

 

1.1       ?Apatissiiwin Corporation?: means the Apatissiiwin Corporation created under the Eeyou Apatisiiwin Niskamon Agreement entered into by and between the Grand Council of the Crees (Eeyou Istchees), the Cree Regional Authority, the Cree Nations / Bands of Chisasibi, Whapmagoostui, Wemindji, Eastmain, Waswanipi, Nemaska, Waskaganish, Mistissini and Ouj?-Bougoumou, and Hydro-Qu?bec and the Soci?t? d??nergie de la Baie James (SEBJ).

 

1.2       ?Boumhounan Agreement?:  the Agreement dated February 7, 2002, executed by and between the Grand Council of the Crees (Eeyou Istchee), the Cree Regional Authority, the Eastmain Band, the Cree Nation of Mistissini, the Nemaska Band, the Waskaganish Band, Hydro-Qu?bec and la Soci?t? d??nergie de la Baie James.

 

1.3       ?C.Q.H.-Q. Mercury Agreement (1986)?: the Agreement  dated November 6, 1986 by and between the Grand Council of the Crees (of Qu?bec), the Cree Regional Authority, the Cree Bands, the Government of Qu?bec, Hydro-Qu?bec and the Soci?t? d??nergie de la Baie James.

 

1.4       ?CRBHSSJB?: the Cree Regional Board of Health and Social Services of James Bay, a body politic and legal person created pursuant to Chapter 14 of the JBNQA and the Act Respecting Health and Social Services, R.S.Q., c. S-5.

 

1.5       ?Cree Band?: the Cree Nation of Chisasibi, the Whapmagoostui First Nation, the Cree Nation of Wemindji, the Eastmain Band, the Waskaganish Band, the Nemaska Band, the Waswanipi Band and the Cree Nation of Mistissini, respectively constituted as corporations by the Cree-Naskapi (of Quebec) Act, S.C. 1984, c. 18, as well as the collectivity of the Crees of Ouj?-Bougoumou (Bande Crie)

 

1.6       ?Cree?, ?Crees? or ?James Bay Crees?: the persons eligible pursuant to 3.2.1., 3.2.2 and 3.2.3 of Section 3 of the James Bay and Northern Qu?bec Agreement.

 

1.7       ?Cree Enterprise?: a Cree Band, or any Cree Entity, or any unincorporated business belonging to a James Bay Cree as well as any corporation in which one or more James Bay Crees, Cree Band or Cree Entity, or any trust foundation or fund to the benefit of any one or more of the aforementioned, holds fifty per cent (50%) or more of the voting or a sufficient participation to appoint the majority of Directors; as well as any partnership, joint venture, non‑profit corporation or other enterprise or legal entity in which one or more James Bay Crees, Cree Band, or Cree Entity, or any trust, foundation, or fund to the benefit of any one or more of the aforementioned, holds directly or indirectly a controlling interest, as well as any affiliate of any such corporation, partnership, joint venture, non-profit corporation or other enterprise or legal entity.

 

1.8       ?Cree Entity?: the Grand Council of the Crees (Eeyou Istchee), the Cree Regional Authority (including when acting through the Board of Compensation thereof), the James Bay Eeyou Corporation, the Opimiscow Companee, the Sakami Eeyou Corporation, the Ouj?-Bougoumou Eenuch Association, the Ouj?-Bougoumou Development Corporation, the Cree Trappers' Association, the Cree Outfitting and Tourism association, the Cree Native Arts and Crafts Association, the Cree Development Corporation, the Cree villages, the Cree landholding corporations, as well as other Cree controlled corporation, enterprise or legal entity referred to in the JBNQA or created pursuant to the JBNQA, any Complementary Agreement thereto, or any other Agreement between Qu?bec or Canada and any Cree Band, the Grand Council of the Crees (Eeyou Istchee) or the Cree Regional Authority.

 

1.9       ?Cree Parties?: the Grand Council of the Crees (Eeyou Istchee) and the Cree Regional Authority.

 

1.10     ?Cree Regional Authority? or ?CRA?: a body politic constituted pursuant to Chapter 11 A of the JBNQA and incorporated by Chapter 89 of the Statutes of Qu?bec 1978, now RSQ, c. A-6.1.

 

1.11     ?Crees of Ouj?-Bougoumou?: the collectivity composed of persons identified as affiliated to the community known as Ouj?-Bougoumou, and including persons enrolled or entitled to be enrolled as Cree beneficiaries under the JBNQA,  and acting through the Ouj?-Bougoumou Eenuch Association until such time as the Ouj?-Bougoumou Band is constituted as a corporation under the Cree-Naskapi (of Quebec) Act and, thereafter, the Ouj?-Bougoumou Band.

 

1.12     ?EM 1‑A/Rupert Project?: the EM 1‑A/Rupert Project as defined in the Boumhounan Agreement.

 

1.13     ?EM 1 Project?: the EM 1 project set out in paragraph 8.1.2 of the JBNQA.

 

1.14     ?Employment Fund?: the fund called ?Employment Fund? in the Cree Employment Agreement.

 

1.15     ?Eeyou Namess Corporation? or ?Corporation?: the corporate vehicle contemplated by Chapter 3 of this Agreement.

 

1.16     ?Financial Year?: the period between April 1st of a calendar year and March 31st of the subsequent calendar year.

 

1.17     ?Fishery Restoration and Development Programs?: the programs described in Chapter 6 of this Agreement.

 

1.18     ?Future Development Project?: a) any hydroelectric development project which is not included in Le Complexe La Grande (1975) at the date of the coming into force of this Agreement; and b) the EM 1 Project as defined in the James Bay and Northern Quebec Agreement.

 

1.19     ?Hydro-Qu?bec?:  the corporation duly incorporated under the Hydro-Qu?bec Act (R.S.Q., c. H-5).  Any reference in this Agreement to SEBJ includes and is to be interpreted as also referring to Hydro-Qu?bec.

 

1.20     ?Hydro-Qu?bec?s Corporate Research Program on Mercury?:  the research program on mercury conducted by Hydro-Qu?bec?s unit? Hydraulique et environnement, de la direction Expertise et support technique de production.

 

1.21     ?James Bay and Northern Qu?bec Agreement? or ?JBNQA?: the James Bay and Northern Quebec Agreement approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act (Chapter 32 of the Statutes of Canada, 1976-77) and by the Act approving the Agreement concerning James Bay and Northern Quebec (L.Q., 1976, chapter 46) and as amended by certain complementary agreements.

 

1.22     ?James Bay Region?:  the territory contemplated by subsection 22.1.6 of the James Bay and Northern Qu?bec Agreement, as well as the Cree area of primary interest, the area of common interest and the other areas in which the Cree have the right to harvest as contemplated in 24.13 of the James Bay and Northern Quebec Agreement.

 

1.23     ?Le Complexe La Grande (1975)?: the hydroelectric development project defined in Chapter 8 of the JBNQA as that Chapter reads as of the date of the execution of this Agreement.

 

1.24     ?Mercury?: all forms of mercury and of compounds containing mercury including methyl mercury.

 

1.25     ?Mercury Funds?:  the Namess Fund contemplated by Chapter 4 of this Agreement, the EM 1 Mercury Fund contemplated by 4.5 of the Nadoshtin Agreement and the EM 1‑A/Rupert Mercury Fund contemplated by chapter 5 of the Boumhounan Agreement.

 

1.26     ?Monitoring and Research Programs?: the programs described in Chapter 5 of this Agreement.

 

1.27     ?Nadoshtin Agreement?:  The Agreement dated February 7, 2002, executed by and between the Grand Council of the Crees (Eeyou Istchee), the Cree Regional Authority, the Eastmain Band, the Cree Nation of Mistissini, the Nemaska Band, the Waskaganish Band, Hydro-Qu?bec and la Soci?t? d??nergie de la Baie James.

 

 

 

1.28     ?Opimiscow Agreement ? La Grande (1992)? : the Agreement reached between the Grand Council of the Crees (of Quebec), the Cree Regional Authority, the Cree Nation of Chisasibi, the Cree Nation of Wemindji, Hydro-Qu?bec and the Soci?t? d??nergie de la Baie James, dated January 8, 1993;

 

1.29     ?Parties?: the Cree Parties, Hydro-Qu?bec and the Soci?t? d'?nergie de la Baie James.

 

1.30     ?Public Health Authorities?:  includes the Cree Regional Board of Health and Social Services of James Bay, any Director of Public Health for James Bay, the Minist?re de la Sant? et des Services Sociaux du Qu?bec and Health and Welfare Canada.

 

1.31     ?Rate of Indexation? : The Rate described in Schedule A of this Agreement.

 

1.32     ?Soci?t? d'?nergie de la Baie James? or ?SEBJ?: the company contemplated by section 39.1 of the Hydro-Qu?bec Act (R.S.Q., c. H-5). Any reference in this agreement to Hydro-Qu?bec includes and is to be interpreted as also referring to SEBJ.


 

Chapter 2

 

OBJECTS AND INTENT OF THE AGREEMENT


 

 

Chapter 2 --         OBJECTS AND INTENT OF THE AGREEMENT

 

 

The objects and intent of this Agreement are, among others, the following :

 

2.1       to support Public Health Authorities in the development and delivery of programs designed to manage the risks associated with human exposure to mercury, and to take all necessary steps to ensure that Public Health Authorities are provided, in a manner consistent with this Agreement, with the technical and other information that they would request or which would be of significance in relation to this Agreement;

 

2.2       to restore and strengthen the Cree fisheries in ways which respond to Cree aspirations and needs, but which also adequately take into account the health risks associated with human exposure to mercury and other contaminants and which deal in a responsible and reasonable manner with the management and conservation of fish resources in the James Bay Region;

 

2.3       to provide a more efficient framework for cooperation between the Crees and Hydro-Qu?bec in respect to the presence of mercury in the James Bay Region;

 

2.4       to provide an effective mechanism for the implementation of this Agreement and particularly for the carrying out of Monitoring and Research Programs and Fishery Restoration and Development Programs.


Chapter 3

 

NAMESS CORPORATION


 

 

Chapter 3 --         NAMESS CORPORATION

 

 

3.1       Requirement of a legal vehicle

 

3.1.1    It is acknowledged that an appropriate legal vehicle is required to study, plan, design, approve, manage and implement the Monitoring and Research Programs and the Fisheries Restoration and Development Programs and to carry out other duties and functions which are attributed to the Eeyou Namess Corporation by this Agreement, to act as a continuing forum to deal more efficiently with the restoration of the Cree fisheries in the James Bay Region, and to perform such other functions as the Parties may jointly assign to it.

 

3.2       Establishment of the Namess Corporation

 

3.2.1    A non-profit corporation under the name, in English , Eeyou Namess Corporation, in French, Soci?t? Eeyou Namess, and in Cree, Eeyou Namess Companee, shall be established with the objects and intent, powers and functions set forth in this Agreement.

 

3.2.2    Upon the coming into force of this Agreement, the CRA will cause to be incorporated the Eeyou Namess Corporation as a non-profit corporation without share capital and without pecuniary gain to its members under Part III of the Quebec Companies Act, with objects and intents, powers and functions as set forth in this Agreement. The costs related thereto will be reimbursed to the CRA by the Eeyou Namess Corporation from the Namess Fund.

 

3.3       Membership

 

3.3.1    The members of the Corporation shall be the Cree Regional Authority and Hydro Qu?bec.

 

3.4       Board of Directors

 

3.4.1    The affairs of the Corporation shall be managed by a Board of Directors comprised of four (4) persons appointed by the Cree Regional Authority and three (3) persons appointed by Hydro-Qu?bec.

 

3.4.2    The number of directors on the Board of Directors of the Corporation may be increased by the members of the Corporation insofar as the proportion of directors appointed by the CRA and Hydro-Qu?bec remains essentially the same as that indicated in 3.4.1 herein.

 

3.5       Decisions and Quorum

 

3.5.1    Subject to any legislation of general application governing the corporate organization and operations of the Corporation, all by-laws, resolutions and other decisions of the Corporation, including but not limited to any resolution or decision concerning the use and distribution of the Mercury Funds, shall be made by the Board of Directors of the Corporation through a simple majority vote of all directors present and voting on the by-law resolution or decision.

 

3.5.2    Notwithstanding the provisions of 3.5.1 herein, to be valid, any resolution or other decision of the Board of Directors of the Corporation in connection with 4.3.3 5.3.3, 8.2 and 8.3 herein and the use of the Mercury Funds for purposes other than those set out in 5.2.3, 5.2.4, 5.3.1, 5.3.2 and 6.1.1 of this Agreement, shall require the assent of at least one director appointed by Hydro-Qu?bec. 

 

3.5.3    If the Board of Directors of the Corporation is unable to agree on the interpretation of the provisions of this Agreement and such disagreement persists for a period of at least two (2) consecutive meetings of the Board of Directors, then the matter may be submitted by any director of the Corporation to the dispute resolution mechanisms set out in Chapter 7 herein.

 

3.5.4    The quorum for meetings of the Board of Directors of the Corporation shall be a majority of its members insofar as at least two (2) directors appointed by the CRA and one (1) director appointed by Hydro-Qu?bec are present.

 

3.5.5    The directors appointed by the CRA may be accompanied at meetings of the Board of Directors of the Corporation by technical advisors who will have the possibility to address the Board of Directors and participate in its deliberations but who will not have the right to vote. The directors appointed by Hydro-Qu?bec may also be so accompanied under the same conditions.  The CRA and Hydro-Qu?bec will each assume the fees and expenses related to the participation of such technical advisors that they may be respectively accompanied by.

 

3.6       Objects

 

3.6.1    The Corporation shall have, among other things, the objects set out in Chapters 2, 4, 5 and 6 of this Agreement.

 

3.7       Head Office

 

3.7.1    The Head office of the Corporation shall be situated within the Cree Category IA lands of a Cree community.

 

3.8       Administrative and financial procedures

 

3.8.1    The CRA and Hydro-Qu?bec will each assume the fees related to the participation of the directors they appoint on the Board of Directors of the Corporation. The travel, accommodation and meal expenses of these directors shall be assumed by the Corporation from the Mercury Funds in accordance with the usual policies of the Cree Regional Authority for those directors appointed by the Cree Regional Authority and in accordance with the policies of Hydro-Qu?bec for those other directors appointed by Hydro-Qu?bec. The Board of Directors shall by resolution authorize the payment of the operating expenses of the Namess Corporation including those in connection with the corporate secretary.

 

3.8.2    The financial year of the Corporation shall be from April 1st to March 31st of the subsequent calendar year.

 

3.8.3    The Corporation shall follow administrative and financial procedures consistent with sound management and accounting practices and it shall be subject to an annual audit carried out by an independent auditing firm of chartered accountants.

 

3.8.4    The Corporation shall submit and present each year to the Parties an annual report of its activities no later than six (6) months after the end of its financial year.

 

3.8.5    The Corporation shall have the right to retain by contract the services of such consultants, professionals and advisors and contractors as it may deem advisable, and to pay them as it considers appropriate taking into account Hydro‑Qu?bec standard remuneration policies in such cases.

 

3.8.6    The measures contemplated by the Monitoring and Research Programs and the Fishery Restoration and Development Programs shall be carried out through third party contracts awarded, administered and supervised by the Corporation.

 

3.8.7    The official documents of the Corporation shall be in Cree, French and English, except as otherwise authorized by the Board of Directors.

 

3.9       Documentation

 

3.9.1    In addition to the specific undertaking set out in 5.2 herein, Hydro‑Qu?bec shall make available to the Corporation, at its request, free of charge, scientific, technical and administrative information of Hydro-Qu?bec from past, present and future programs and activities of Hydro-Qu?bec, which are necessary to accomplish the objects of the Corporation or necessary to the implementation of this Agreement.

 

3.9.2    The Cree Regional Authority shall carry out efforts to make available to the Corporation, at its request, free of charge, scientific, technical and administrative information in the possession of the Cree Regional Authority and which is necessary to accomplish the objects of the Corporation or necessary to the implementation of this Agreement in a manner consistent with respect for and protection of the privacy of the Crees.

 

3.10     Collaboration between the Parties and the Corporation

 

3.10.1  Hydro-Qu?bec, the Cree Parties and the Corporation shall work closely and effectively together in the implementation of this Agreement.

 

3.10.2  The Board of Directors of the Corporation shall work in the spirit of cooperation and consensus in pursuing the objects of the Corporation.

 

3.11     Acceptance of obligation by the Corporation

 

3.11.1  The Cree Regional Authority and Hydro-Qu?bec undertake to have the directors they appoint to the Corporation adopt, at the first regular meeting of the Board of Directors, a resolution whereby the Corporation agrees to accept and be bound by the terms of this Agreeement.

 

3.12     Duration of the Eeyou Namess Corporation

 

3.12.1    It is intended that the Eeyou Namess Corporation continue its existence until there is no significant amount of money left in the Mercury Funds. In the event of dissolution or winding-up of the Eeyou Namess Corporation after it has carried out its mandate and made a final report of its activities, and subject to satisfactory arrangements being made with respect to any claims or contestations, its remaining assets and liabilities shall be delivered, transferred or turned over to, or be assumed by, one or more non-profit legal entities designated by the CRA and Hydro-Qu?bec, provided that such assets as may remain shall be for mitigation works for the use and benefit of the James Bay Crees in connection with the restoration and strengthening of the Cree fisheries.

 

 


 

Chapter 4

 

MERCURY FUNDS


 

 

Chapter 4 --         MERCURY FUNDS

 

 

4.1    The Establishment of Mercury Funds

 

 

4.1.1        The Mercury Funds shall be composed of the Namess Fund, the EM 1 Mercury Fund, the Eastmain 1-A/Rupert Mercury Fund.

 

4.1.2        The Namess Fund is hereby established.  The Namess Fund shall be held and disbursed by Hydro-Qu?bec but shall be under the control of the Eeyou Namess Corporation as provided for by the provisions of this chapter.

 

4.1.3        The EM 1 Mercury Fund has been established pursuant to 4.5.2 of the Nadoshtin Agreement.

 

4.1.4        The Eastmain 1‑A/Rupert Mercury Fund has been established pursuant to 5.2 of the Boumhounan Agreement.

 

 

4.2       Contributions to the Namess Fund

 

4.2.1    The Namess Fund shall consist of the amount of TWENTY FOUR MILLION DOLLARS ($24, 000, 000) (in 2002 dollars). This amount will be guaranteed in December 31st, 2001 dollars and consequently will be indexed to the Consumer Price Index for Canada as of January 1st, 2002 in order to preserve its value for the duration of this Agreement (See example in Schedule A). This amount is made available, at the execution of this Agreement, to the Eeyou Namess Corporation.

 

4.2.2    On the 31st of March of each Financial Year, the balance of the Namess Fund, as reported in the audited statements of payments provided by Hydro-Qu?bec pursuant to 4.5 herein, shall be adjusted for inflation.

 

4.3       Use and Purposes of the Namess Fund

 

4.3.1    The Namess Fund shall be used for the purposes of funding the Monitoring and Research Programs and the Fisheries Restoration and Development Programs and the provisions of 3.2.2, 3.8.1 and 8.1.2 hereof.

 

4.3.2    The amounts to be disbursed by Hydro-Qu?bec from the Namess Fund shall be determined annually in advance by the Eeyou Namess Corporation based upon detailed plans, programs and budgets. However, the intention of the Parties is that until Hydro-Qu?bec has disbursed the total amount of the Namess Fund, significant amounts shall be disbursed each year commencing upon the date of execution of this Agreement.

 

4.3.3    The Parties acknowledge that one of the primary purpose of this Agreement is to restore and strengthen the Cree fisheries in ways which respond to Cree aspirations and needs. Therefore, the Parties agree that a maximum of EIGHT  MILLION DOLLARS ($8,000, 000) out of the Mercury Funds may be disbursed in connection with the Monitoring and Research Programs.

 

4.3.4        The Namess Fund shall be disbursed by Hydro-Qu?bec between the date of execution of this Agreement and March 31st, 2012 in accordance with 3.2.2, 3.8.1, 4.3.1, 4.3.2, 4.3.3, 4.6.1, 8.1.2 and 8.3 as well as Chapters 5 and 6 hereof.

 

4.3.5    a)         The EM 1 Mercury Fund shall be disbursed by Hydro-Qu?bec between the date of the execution of the Nadoshtin Agreement and a maximum of twenty (20) years after such date in accordance with 3.8.1, 4.3.1, 4.3.2, 4.3.3, 4.6.1, 8.1.2 and 8.3 hereof subject to 4.5 of the Nadoshtin Agreement;

 

            b)         Namess Corporation shall use and manage the EM 1 Mercury Fund in accordance with 4.5 of the Nadoshtin Agreement.

 

4.3.6    a)         The Eastmain 1‑A/Rupert Mercury Fund shall be disbursed by Hydro-Qu?bec between the date of the decision by resolution of its Board of Directors to proceed with the construction of the Project after having obtained the required authorizations and permits and a maximum of twenty (20) years after such date in accordance with 3.8.1, 4.3.1, 4.3.2, 4.3.3, 4.6.1, 8.1.2 and 8.3 hereof subject to Chapter 5 of the of Boumhounan Agreement;

 

            b)         Namess Corporation shall use and manage the Eastmain 1‑A/Rupert Mercury Fund in accordance with Chapter 5 of the Boumhounan Agreement.

 

4.4       Administration and control of Namess Fund

 

4.4.1    Upon receipt of a resolution of the Eeyou Namess Corporation approving the detailed activities, plans programs and budgets related to the Monitoring and Research Programs and the Fisheries Restoration and Development Programs for a given Financial Year, Hydro-Qu?bec shall make available to the Eeyou Namess Corporation the amounts necessary to pay for these activities, plans and programs in accordance with the terms of the resolution of the Eeyou Namess Corporation as and when expenditures are incurred. The Eeyou Namess Corporation may adjust and modify its resolution in regards to these during the course of a Financial Year.

 

4.4.2.   No administration, management or other fees will be charged by Hydro-Qu?bec in regard to activities carried out under the Namess Fund.

 


4.5       Reports

 

4.5.1    Hydro-Qu?bec shall, free of charge, forward to the Eeyou Namess Corporation and the Cree Parties, on or before October 1st of each year, audited financial statements for the immediately preceding Financial Year showing expenditures from the Mercury Funds and the total amount accumulated as of March 31st in the said Fund.

 

4.5.2    Should any Cree party or the Eeyou Namess Corporation have any questions in relation to any expenditure from the Mercury Funds or in relation to any aspect of the audited financial statements provided pursuant to 4.5.1 herein, explanations may be sought from Hydro-Qu?bec within one hundred and twenty (120) days of receipt of such audited financial statement from Hydro-Qu?bec. Any dispute in regard to any expenditure or any aspect of these financial statements shall be submitted for resolution to the dispute resolution mechanisms set out in Chapter 7 of this Agreement.

 

4.6       Advance contributions

 

4.6.1    An amount of TWO HUNDRED THOUSAND DOLLARS ($200,000), to be deducted from the Namess Fund for the Financial Year 2002-2003, will be made available to the Eeyou Namess Corporation by Hydro-Qu?bec upon its incorporation in order to allow for the setting-up and organization of the Eeyou Namess Corporation and to design and develop programs for the Financial Year 2002-2003

 

4.6.2    The advance provided for above will bear no interest and will not be subject to any charge by Hydro-Qu?bec.


 

Chapter 5

 

MONITORING AND RESEARCH PROGRAMS


 

 

Chapter 5 --         MONITORING AND RESEARCH PROGRAMS

 

 

5.1       Constitution

 

5.1.1    The Parties hereto agree that the Monitoring and Research Programs consists of two distinct parts. The Health Monitoring and Research Programs are described under 5.2 herein, and the Environmental Monitoring and Research Programs are described under 5.3 herein.

 

5.1.2    Hydro-Qu?bec shall make available to the Eeyou Namess Corporation free of charge, scientific, technical and administrative information and data of Hydro-Qu?bec which are related to the Environmental Monitoring Program ?R?seau de Suivi Environnemental du Complexe La Grande?, including the mercury levels in fish, and to the Hydro‑Qu?bec Corporate Research Program on Mercury.

 

5.2       Health Monitoring and Research Programs

 

5.2.1    Studies and activities under the Health Monitoring and Research Programs shall be approved, managed and implemented by the Eeyou Namess Corporation and be subject to the following management process:

 

5.2.1.1 Only those study proposals or protocols emanating from or endorsed by a Cree Entity shall be considered for funding by the Eeyou Namess Corporation.

 

5.2.1.2 Each study proposal or protocol forwarded to the Eeyou Namess Corporation shall be accompanied by a supporting resolution from the Council or Board of the Cree Entity.

 

5.2.1.3 Upon receipt, the Eeyou Namess Corporation shall forward the study proposal or protocol to the CRBHSSJB to seek the latter?s views and comments.  The views and comments expressed by the CRBHSSJB shall be taken into account by the Eeyou Namess Corporation and reflected in revised wording in the study proposal or protocol. Where the Eeyou Namess Corporation does not, in whole or in part, agree to incorporate the views and comments of the CRBHSSJB into the study proposal or protocol, it shall provide written reasons therefor to the CRBHSSJB before approving the study proposal or protocol.

 

5.2.1.4 The Eeyou Namess Corporation shall then send the approved study proposal or protocol to an independent health research organization (such as the Institute of Aboriginal Health Canada) or to independent health experts for validation.  It shall be incumbent upon the applicant or principal researcher behind the study proposal or protocol to come to an agreement with the independent health organization or health experts on a scientifically acceptable way of conducting the research contemplated by the study proposal or protocol so that it complies with accepted standards for conducting such health research.

 

5.2.1.5 When agreement will have been reached pursuant to 5.2.1.4 and the Eeyou Namess Corporation so notified, the latter shall send the applicant or principal researcher a written notice confirming the award and initiation of the research contract  and the terms and conditions thereof.

 

5.2.1.6 The research contract between the Eeyou Namess Corporation and the applicant or principal researcher shall indicate that the latter is responsible for providing the former, within a specific time frame, with a technical report, for submitting his research results, including all findings in connection with the main objectives of the study, to a peer-reviewed scientific journal and for providing the Eeyou Namess Corporation with a public communication plan.

 

5.2.1.7 Before the final payment(s) is(are) made, the Eeyou Namess Corporation shall submit the technical report to the independent health research organization or independent health experts who initially validated the study proposal or protocol and request that they verify that the research has been conducted in accordance with the agreed study proposal or protocol.  The final payment(s) may only be made once a confirmation of the above has been received by the Eeyou Namess Corporation.

 

5.2.1.8  Once the above has been satisfied, the Eeyou Namess Corporation forwards the final technical report to the CRBHSSJB.

 

5.2.2            The management process set out in 5.2.1 herein, may be modified by a unanimous decision of the Eeyou Namess Corporation.

 

5.2.3            The Parties agree that the following studies and activities are subject to the management process set out in 5.2.1 herein :

 

a)                  monitoring of Cree exposure to mercury and other contaminants;

b)                  epidemiological and toxicological studies on Crees;

c)         investigation of the pattern of Cree exposure to mercury;

d)         studies on the health benefits of fish consumption;

e)         investigation of patterns of fish consumption in Cree society;

 

5.2.4            The parties also agree to the following studies and activities which are not subject to the management process set out in 5.2.1 herein:

 

a)                  ongoing review and evaluation of scientific literature on mercury, other contaminants, and related issues on human health and human nutrition;

b)                  investigation of patterns of fish harvesting and distribution in Cree society;

c)                  investigations designed and carried out by the Crees related to the perceptions of the Cree population of health risks associated with mercury and other contaminants in wildlife in the James Bay Region focused on the traditional knowledge and cultural values of the Crees.;

d)                  the evaluation of experience acquired under other jurisdictions in the fields of risk assessment and risk evaluation, with respect to mercury and other contaminants in wildlife;

e)                  information campaigns directed to the Cree population in order to support and implement the consumption advisories issued by the Public Health Authorities, particularly those of the CRBHSSJB, in connection with the risks and benefits of fish consumption;

f)                    equal participation of representatives of both Parties of the Eeyou Namess Corporation to international conferences on mercury;

g)                  support of the establishment of registries for nutrition or contaminant related diseases, if this is not currently done by the CRBHSSJB;

h)                  assistance with the creation of health-related data bases related to mercury and other contaminants in the James Bay Region, if this is not currently done by the CRBHSSJB;

 

5.2.5    All completed studies under 5.2.3 and 5.2.4 shall be automatically forwarded to the CRBHSSJB and to the Public Health authorities for their consideration and further action.  In addition, the Eeyou Namess Corporation shall invite the Cree Regional Board of Health and Social Services of James Bay in particular and, where appropriate, Public Health authorities to issue, if it is possible and desirable in their own assessment, such directives and advisories to the Cree population of the James Bay Region in relation to the safe, or unsafe, as the case may be, consumption of fish in given quantities.

 

5.2.6    Should the Cree Board of Health and Social Services of James Bay or the Public Health authorities issue such directives or advisories for the benefit of the Cree population of the James Bay Region, the Eeyou Namess Corporation shall distribute and make available such directives and advisories to the Cree population at large and to any person upon request. In any case, the Eeyou Namess Corporation shall only distribute and make available directives or advisories issued by the CRBHSSJB.

 

5.2.7    The Eeyou Namess Corporation may collaborate with and support the work of the CRBHSSJB in the provision of advice to the Cree population with respect to acceptable levels of exposure to mercury; however the Eeyou Namess Corporation shall not itself issue such directives and advisories.

 


5.3       Environmental Monitoring and Research Programs

 

5.3.1    Studies and activities under Environmental Monitoring and Research Programs shall be approved, managed and implemented by the Eeyou Namess Corporation and be subject to the following management process:

 

5.3.1.1 Only those study proposals emanating from or endorsed by a Cree Entity shall be considered for funding by the Eeyou Namess Corporation.

 

5.3.1.2 Each study proposal forwarded to the Eeyou Namess Corporation shall be accompanied by a supporting resolution from the Board or Council of the Cree Entity.

 

5.3.1.3 Upon receipt, the Eeyou Namess Corporation shall discuss and clearly state the objectives of the study including its overall scope.  If need be, Eeyou Namess Corporation shall mandate a consultant (or applicant) to present a complete study protocol.

 

5.3.1.4 Once approved by the Eeyou Namess Corporation, the study proposal or protocol shall then be sent to an independent scientific committee (which will be formed of 3 to 5 experts approved by both Parties) for validation.  It shall be incumbent on the consultant or principal researcher behind the study proposal or protocol to come to an agreement with the independent scientific committee on a scientifically acceptable way of conducting the research contemplated by the study proposal or protocol so that it complies with accepted standards for conducting such research.

 

5.3.1.5 When an agreement will have been reached pursuant to the above paragraph and the Eeyou Namess Corporation so notified, the latter shall send the applicant or principal researcher a written notice confirming the award and initiation of the research contract  and the terms and conditions thereof .

 

5.3.1.6 The research contract between the Eeyou Namess Corporation and the applicant or principal researcher shall indicate that the latter is responsible for providing the former, within a specific time frame, with a technical report, for submitting his research results, including all findings in connection with the main objectives of the study, to a peer-reviewed scientific journal and for providing the Eeyou Namess Corporation with a plan to render the study public.

 

5.3.1.7 Before the final payment(s) is(are) made, the Eeyou Namess Corporation shall submit the technical report to the independent scientific committee which initially validated the study proposal or protocol and request that it verify that the research has been conducted in accordance with the agreed study proposal or protocol and that the conclusions are in accordance with the results.  The final payment(s) may only be made once a confirmation of the above has been received by the Eeyou Namess Corporation.

 

5.3.2    The Parties agree that the following studies and activities except 5.3.2 i) herein are subject to the management process set out in 5.3.1 herein :

 

a)                  monitoring of mercury levels in fish, wildlife or other food consumed by the Crees;

 

b)         determination of contaminants, other than mercury in fish, wildlife or other food consumed by the Cree;

c)         research on environmental mercury contamination;

d)         monitoring of temporal or spatial trends in mercury levels in fish communities of natural lakes;

e)         evaluation of mercury levels in fish communities per hydrographic system basis, and investigation of environmental determinants of such levels;

f)          biostatistical analysis of data pertaining to fish populations or mercury concentrations;

g)         evaluation and interpretation of concentrations of other contaminants in fish and other wildlife;

h)         assistance with the biostatistical analysis of experimental data;

i)          ongoing review and evaluation of scientific literature on the behavior of mercury and other contaminants in the environment;

j)          evaluation of remedial or mitigation strategies and of their application in the natural water bodies of the James Bay Region;

 

k)         evaluation of alternative fisheries management strategies as a means of controlling or influencing methyl mercury or other contaminant levels in fish populations.

 

5.3.3    With respect to all studies contemplated in 5.3.2 herein, the Eeyou Namess Corporation shall avoid duplication or counter expertise between the activities and programs it supports and those which form part of Hydro‑Qu?bec?s Corporate Research Program on Mercury.


 

Chapter 6

 

FISHERY RESTORATION AND DEVELOPMENT


 

Chapter 6 --         FISHERY RESTORATION AND DEVELOPMENT PROGRAMS

 

 

6.1       The programs

 

6.1.1    Projects under the Fishery Restoration and Development Programs may be designed, developed, approved, managed and implemented by the Eeyou Namess Corporation. The Parties agree to the following projects:

 

a)         assessment of potentially harvestable Fish Stocks and monitoring of harvested Fish Stocks by the Cree;

 

b)         infrastructure for Fish harvesting, processing, storage and transportation;

 

c)         feasibility of a commercial fisheries, including fish marketing;

 

d)         sport fishing marketing;

 

e)         mitigating and remedial measures aimed at restoring subsistence fisheries :

 

1.      development of community fisheries;

2.      providing or facilitating access to fishing sites;

3.      wildlife enhancement schemes;

4.      enhancement of camp sites for fishing purposes;

5.      technical training to establish local expertise in the types of measures contemplated herein;

6.      the perpetuation of traditional knowledge of fishing and related activities;

7.      the provision of fishing and related equipment;

8.      the development and trials of fishing gear;

9.      fish farming and the fish restocking of lakes and water bodies.

 

6.1.2    In the implementation of the Fishery Restoration and Development Programs, the Eeyou Namess Corporation shall consult and coordinate with the Apatisiiwin Corporation in order to avoid duplication with the use that shall be made of the Employment Fund with respect to the Employment Incentives and Temporary Employment Programs thereunder.


 

Chapter 7

 

DISPUTE RESOLUTION MECHANISM


 

 

Chapter 7 --         DISPUTE RESOLUTION MECHANISM

 

 

 

 

7.1       The dispute resolution provisions set out in Chapter 17 of the Nadoshtin Agreement shall apply to the resolution of any dispute relating to this Agreement.


 

Chapter 8

 

GENERAL PROVISIONS


 

 

Chapter 8 --         GENERAL PROVISIONS

 

 

8.1       Publication

 

8.1.1    All the studies completed under this Agreement and the data gathered or obtained thereunder shall be public and accessible to third parties and in particular to other interested researchers, subject to protection of nominative information which can be traced to individual identifiable Crees.

 

8.1.2    The Mercury Funds may be used by the Eeyou Namess Corporation to fund the recording, publishing, printing, translating, copying or archiving of the data, studies or literature flowing from the studies funded under this Agreement and for the production of didactic material therefrom.

 

8.2       Intellectual property rights

 

8.2.1    The Eeyou Namess Corporation will develop a policy relating to the ownership of the intellectual property rights and of the other rights relating to the studies funded under this Agreement and to the data gathered or obtained thereunder.

 

8.3       Maintenance of remedial works from the Fisheries Restoration and Development Programs

 

8.3.1        The ongoing maintenance of remedial works designated by the Eeyou Namess Corporation of primary interest to the James Bay Crees and which are funded through the Namess Fund under the Fisheries Restoration and Development Programs will also be paid out of the Namess Fund until the dissolution of the Eeyou Namess Corporation, the whole in accordance with maintenance programs and budgets approved by the Eeyou Namess Corporation.

 

8.3.2        The ongoing maintenance of remedial works designated by the Eeyou Namess Corporation of primary interest to the James Bay Crees and which are funded through the EM 1 Mercury Fund under the Fisheries Restoration and Development Programs will also be paid out of the EM 1 Mercury Fund until the dissolution of the Eeyou Namess Corporation, the whole in accordance with maintenance programs and budgets approved by the Eeyou Namess Corporation.

 

8.3.3        The ongoing maintenance of remedial works designated by the Eeyou Namess Corporation of primary interest to the James Bay Crees and which are funded through the Eastmain 1-A/Rupert Mercury Fund under the Fisheries Restoration and Development Programs will also be paid out of the Eastmain 1-A/Rupert Mercury Fund until the dissolution of the Eeyou Namess Corporation, the whole in accordance with maintenance programs and budgets approved by the Eeyou Namess Corporation.

 

8.3.4    Prior to its dissolution, the Eeyou Namess Corporation will establish by resolution a list of those remedial works which it deems of primary interest to the James Bay Crees, but excluding fish processing and storage facilities, commercial fishery plants, community freezers, fishing camps and the like, and which were funded through the Mercury Funds under the Fisheries Restoration and Development Programs. The Namess Corporation will also determine long-term maintenance programs or manuals for those remedial works on this list. A copy of this list and of the maintenance programs and manuals will be forwarded to Hydro-Qu?bec.

 

8.3.5    After the dissolution of the Eeyou Namess Corporation, Hydro-Qu?bec will continue to maintain at its expense the remedial works included in the list set out in 8.3.4 herein in accordance with the maintenance programs or manuals provided for in the said subsection.

 

8.4     Liability not affected

 

8.4.1    The provisions of this Agreement shall not affect the rights of the Crees and shall in no way affect the recourses of Cree individuals resulting from contaminants (such as mercury or other metals and substances) arising from the natural resourse development projects in  the James Bay Territory, including hydroelectric development projects.

 

8.5     Future Hydroelectric Project

 

8.5.1    This Agreement cannot be construed as applying to any Future Hydroelectric Project without the consent of all the Parties hereto.

 

8.6    Responsibilities of third Parties

 

8.6.1  This Agreement does not contemplate and does not affect the responsibilities of the governments of Canada and Qu?bec and of other third parties respecting the subject matters of this Agreement.

 

8.7       Preamble and Schedule

 

8.7.1    The preamble and schedule to this Agreement form an integral part thereof.

 

8.8       Amendment

 

8.8.1    This Agreement may only be amended with the written consent of all the Parties.

 

8.9       Successors

 

8.9.1    This Agreement is binding on the Parties and their successors.

 

8.9.2    This Agreement may not be assigned by any party without the written consent of all the Parties

 

8.10     Languages of Agreement

 

8.10.1  This Agreement is drafted and executed in both the French and English languages. Both versions are equally authoritative.

 

8.11     Coming into force and termination of this Agreement

 

8.11.1  This Agreement shall come into force on the date of its execution by all the Parties and shall terminate on the latest of the following dates:

 

a)                   March 31, 2012;

 

b)                  twenty (20) years from the date of the execution of  Nadoshtin Agreement;

 

c)                   twenty (20) years from the date of the decision of Hydro-Qu?bec by resolution of its Board of Directors to proceed with the construction of the Project, after having obtained the required authorizations and permits for the EM 1‑A/Rupert Project;

 

d)                  the date there is no significant amount of money left in the Mercury Funds.

 


SIGNATORIES

 

 

EN FOI DE QUOI, les parties aux pr?sentes ont sign? la pr?sente Convention ? la date et ? l?endroit ci-apr?s indiqu?s.

 

IN WITNESS WHEREOF, the Parties hereto have signed this Agreement on the date and at the place hereinbelow indicated.

 

Sign?e ? Waskaganish (Qu?bec), ce 7i?me jour de f?vrier 2002.

Signed at Waskaganish (Qu?bec), this 7th day of February, 2002.

 

The GRAND COUNCIL OF THE CREES (EEYOU ISTCHEE)

 

 

__________________________________

par / by:  Dr. Ted Moses, Grand Chef / Grand Chief

 

 

The CREE REGIONAL  AUTHORITY

 

 

__________________________________

par / by:  Dr. Ted Moses, Pr?sident / President

 

 

HYDRO-QU?BEC

 

 

__________________________________

par / by:  Mr. Andr? Caill?, Pr?sident-directeur g?n?ral /

President and Chief Executive Officer

 

 

La SOCI?T? D??NERGIE DE LA BAIE JAMES

 

 

__________________________________

par / by:  Mr. Elie Saheb, Pr?sident-directeur g?n?ral /

President and Chief Executive Officer


SCHEDULE A -- EXAMPLE OF INDEXATION OF NAMESS FUND

 

 

For the purposes of this Agreement, the Rate of Indexation is calculated as follows:

 

                        Where

 

 

AJCPIx:   represents the adjustment brought to take into account the evolution of the Consumer Price Index for Canada calculated in accordance with the following formula:

 

 

 

                        CPIX - CPIx-1      + 1  

                               CPIx-1

 

 

 

                        Where

 

 

 

CPIX      :  represents the Canadian Consumer Price Index, All-items (Not Seasonally Adjusted) for the month of January in which year ?x? begins;

 

CPIX-1       :        represents the Canadian Consumer Price Index All-items (Not Seasonally Adjusted) for the month of January in which year ?x -1? begins;

 

 

The information used for these purposes shall be those published by Statistics Canada.

 

For the Financial Year ending March 31st 2002, the CPIx shall be the Price Index for the month of March 2002 and the CPIx-1 shall be the Price Index for the month of December 2001.

 

 

Hypothesis:

 

$2.4 Million is expended during the 2002-2003 financial year from the Names Fund. This amount is deducted from the original $24 Million (in December 31st, 2001 dollars) for a remainder of $21.6 Million as of April 1st, 2003. Presuming a hypothetical inflation of 3% between January 1st, 2002 and March 31st, 2003, the remainder of the Namess Fund will be indexed as follows:

 

            $21.6 Million X 1.03 = $22.248 Million

 

This indexed amount of $22.248 Million remains available in the Namess Fund as of April 1st, 2003.

 

This indexation is repeated each year.

 

Thus if $3.5 Million is expended in 2003-2004, and inflation during that period is 2.4%, the Namess Fund will be set at $19.198 Million on April 1st, 2004 as per the following calculation:

 

($22.248 Million - $3.5 Million) X 1.024 = $19.198 Million

 

And so forth every year.

 

Indexation  for such purposes shall be the rate of increase in the Consumer Price Index for Canada as set out by Statistics Canada.