The Grand Council of the Crees

WASKAGANISH TRANSMISSION LINE AGREEMENT

WASKAGANISH TRANSMISSION LINE AGREEMENT

Posted: 0000-00-00

BETWEEN: The WASKAGANISH BAND, also known as the FIRST NATION OF WASKAGANISH, represented by Mr. Robert Weistche, Chief, who declares being duly authorized for the purposes hereof;

AND: The GRAND COUNCIL OF THE CREES (EEYOU ISTCHEE) and The CREE REGIONAL AUTHORITY, represented by their respective Grand Chief and Chairman, Dr. Ted Moses, who declares being duly authorized for the purposes hereof;

AND: HYDRO-Québec, represented by its President and Chief Executive Officer, Mr. André Caillé, who declares being duly authorized for the purposes hereof;

AND: SOCIÉTÉ D'ÉNERGIE DE LA BAIE JAMES, represented by its President and Chief Executive Officer, Mr. Elie Saheb, who declares being duly authorized for the purposes hereof.

WHEREAS section 4.22 of the Agreement concerning a new relationship between the Government of Québec and the James Bay Crees provides that the modalities relating to the connection by Hydro-Québec to its network of the community of Waskaganish are to be set out in an agreement between the Grand Council of the Crees (Eeyou Istchee) and Hydro-Québec;

WHEREAS the parties hereto do hereby agree to the following modalities relating to the connection of the community of Waskaganish to the Hydro-Québec network.

THE PARTIES HERETO AGREE TO THE FOLLOWING:

1. A transmission line and all related transformers and substations (hereinafter referred to as the "transmission line") required in order to connect the community of Waskaganish to the Hydro-Québec electricity transmission network and to allow Hydro-Québec to adequately supply the electricity needs of this community (including electrical heating), shall be constructed, operated and maintained by Hydro-Québec or SEBJ in accordance with Hydro-Québec standards and all other applicable government standards.

2. The transmission line shall be constructed from the Nemiscau substation and shall generally follow the course of the existing access road from the James Bay Highway to the community of Waskaganish.

3. The transmission line shall extend to the limits of the existing electrical distribution network in the community of Waskaganish.

4. Subject to all required permits and authorizations being granted in relation thereto, the transmission line shall be fully in service at the latest December 31st, 2006.

5. The Waskaganish Band shall grant free of charge to Hydro-Québec, or as the case may be SEBJ, all permits and authorizations required from the Band for the transmission line, including a right of way necessary to construct, operate and maintain the transmission line over Waskaganish Cree Category IA or IB lands, as well as a servitude on Waskaganish Cree Category IA lands to construct, operate and maintain a substation related to the transmission line.

6. Hydro-Québec, or as the case may be SEBJ, shall file requests on or before March 31st, 2003 for the required permits and other authorizations for the transmission line, including all environmental permits and authorizations and all rights of way and other servitudes required for the transmission line.

7. Within sixty (60) days of the execution of this Agreement, the parties shall form a technical committee composed of three (3) representatives appointed by the Waskaganish Band Council and three (3) representatives appointed by Hydro-Québec, or as the case may be SEBJ, to:

  1. determine the physical dimensions and location of the right of way on Category IA or IB lands and referred to in section 5 herein;
  2. determine the physical dimensions and location of the servitude on Category IA lands and referred to in section 5 herein;
  3. determine the electricity consumption requirements of the community of Waskaganish, and ensure that the transmission line properly addresses these requirements;
  4. determine all issues related to the transfer of the local electricity distribution network in Waskaganish to Hydro-Québec;
  5. discuss and, if need be, resolve any other issue related to the transmission line or the supply of electricity to the community of Waskaganish and addressed to the committee by either of the parties.

8. No later than September 1st, 2002, the technical committee contemplated in section 7 herein shall hold information sessions in Waskaganish jointly with the Band Council of Waskaganish in order to inform the community on the following:

a. the nature, scope and calendar of the construction of the transmission line;

b. Hydro-Québec's distribution rates;

c. billing and payment obligations and timing of such obligations within the community for the electrical distribution services.

9. Hydro-Québec, or as the case may be SEBJ, shall provide to the Waskaganish Band a list of the contracts required for the construction of the transmission line at least six (6) months prior to its construction.

10. Hydro-Québec, or as the case may be SEBJ, shall negotiate outside the tender process with Cree enterprises identified by the Waskaganish Band a significant portion of the work in relation to the construction of the transmission line (including particularly the clearing of the right of way of the line, transmission post erection, excavation related to line installation and substation site preparation), and award resulting contracts to such Cree enterprises provided that the terms and conditions of such contracts are consistent with Hydro-Québec's scheduling, cost and quality requirements and provided such Cree enterprises are in a position to supply an irrevocable letter of credit or of guarantee or to obtain or raise a performance bond for the execution of the contracts.

11. As soon as the electricity is supplied to the community of Waskaganish from the Hydro-Québec electricity network, Hydro-Québec shall take over the operation and maintenance of the electrical distribution system in Waskaganish (excluding the existing electricity production facilities in Waskaganish) under terms and conditions similar to those applicable in the other Cree communities and shall supply the electricity needs of the community of Waskaganish at standard rates and conditions of general application in Québec.

12. The Preamble forms and integral part of this Agreement.

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

14. This Agreement shall come into force upon the date of its execution by the Parties.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and at the place herein below indicated.

Signed at Waskaganish (Québec), this 7th day of February 2002.

The GRAND COUNCIL OF THE CREES (EEYOU ISTCHEE)
and The CREE REGIONAL AUTHORITY

 

_____________________________________________________

by: Dr. Ted Moses, Grand Chief / Chairman

 

The WASKAGANISH BAND

 

_____________________________________________________

by: Mr. Robert Weistche, Chief

 

HYDRO-QUÉBEC

 

_____________________________________________________

by: Mr. André Caillé, President and Chief Executive Officer

 

The SOCIÉTÉ D'ÉNERGIE DE LA BAIE JAMES

 

_____________________________________________________

by: Mr. Elie Saheb, President and Chief Executive Officer