The Grand Council of the Crees

EEYOU APATISIIWIN NISKAMON CREE EMPLOYMENT AGREEMENT ENTENTE CONCERNANT L'EMPLOI DES CRIS

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Table of Contents Page ?Whereas?.................................................................................................................................... 7 Chapter 1 ? ........ Definitions..................................................................................................... 8 Chapter 2 ? ........ General Undertakings................................................................................ 12 Chapter 3 ? ........ Apatisiiwin Corporation............................................................................. 15 Chapter 4 ? ........ Employment Fund...................................................................................... 21 Chapter 5 ? Cree ? Hydro-Qu?bec Hiring Initiatives for Permanent Positions in Hydro-Qu?bec operations.................................................... 28 Chapter 6 ? Cree ? Hydro-Qu?bec Employment Incentives and Temporary Employment Programs................................................... 34 Chapter 7 ? ........ Other provisions......................................................................................... 38 Chapter 8 ? ........ Dispute resolution mechanisms............................................................... 40 Chapter 9 ? Amendments to the La Grande (1986) Agreement and legal proceedings............................................................................... 42 Chapter 10 ? ..... General provisions..................................................................................... 44 Chapter 11 ? ..... Coming into force....................................................................................... 46 Schedule A ? Basic Financial Contribution to the Employment Fund ............................. -- Details on Annual Interest Calculation.................................................. 48 Schedule B ?...... Non-limitative list of possible uses of the Employment Fund ............................. for the Employment Incentives and Temporary Employment ............................. Programs.................................................................................................... 51 Schedule C Technician and trade positions referred to in subsection 5.1.1 and the Hiring Requirements related thereto.......................................... 54 Signatories................................................................................................................................ 55 EEYOU APATISIIWIN NISKAMON CREE EMPLOYMENT AGREEMENT ENTENTE CONCERNANT L?EMPLOI DES CRIS BY AND BETWEEN: The GRAND COUNCIL OF THE CREES (EEYOU ISTCHEE), a corporation duly incorporated, herein acting and represented by Dr. Ted Moses, its Grand Chief, duly authorized to execute this Agreement, (hereinafter also referred to as the ?GCC(EI)?) AND: The CREE REGIONAL AUTHORITY, a public corporation duly constituted under Chapter 89 of the Statutes of Quebec 1978 (now R.S.Q., chapter A-6.1), herein acting and represented by Mr. Matthew Mukash, its Vice-Chairman, duly authorized to execute this Agreement, (hereinafter also referred to as the ?CRA?) AND: The CHISASIBI BAND, a corporation duly constituted by the Cree-Naskapi (of Quebec) Act, herein acting and represented by Mr. Abraham Rupert, its Chief, duly authorized to execute this Agreement, (hereinafter referred to as the ?Chisasibi Band?) AND: The WHAPMAGOOSTUI BAND, a corporation duly constituted by the Cree-Naskapi (of Quebec) Act, herein acting and represented by Mr. David Masty, its Chief, duly authorized to execute this Agreement, (hereinafter referred to as the ?Whapmagoostui Band?) AND: The WEMINDJI BAND, a corporation duly constituted by the Cree-Naskapi (of Quebec) Act, herein acting and represented by Mr. Reggie Mark, its Chief, duly authorized to execute this Agreement, (hereinafter referred to as the ?Wemindji Band?) AND: The EASTMAIN BAND, a corporation duly constituted by the Cree-Naskapi (of Quebec) Act, herein acting and represented by Mr. Edward Gilpin, its Chief, duly authorized to execute this Agreement, (hereinafter referred to as the ?Eastmain Band?) AND: The WASWANIPI BAND, a corporation duly constituted by the Cree-Naskapi (of Quebec) Act, herein acting and represented by Mr. Paul Gull, its Chief, duly authorized to execute this Agreement, (hereinafter referred to as the ?Waswanipi Band?) AND: The NEMASKA BAND, a corporation duly constituted by the the Cree-Naskapi (of Quebec) Act, herein acting and represented by Mr. George Wapachee, its Chief, duly authorized to execute this Agreement, (hereinafter referred to as the ?Nemaska Band?) AND: The WASKAGANISH BAND, a corporation duly constituted by the Cree-Naskapi (of Quebec) Act, herein acting and represented by Mr. Robert Weistche, its Chief, duly authorized to execute this Agreement, (hereinafter referred to as the ?Waskaganish Band?) AND: The MISTISSINI BAND, a corporation duly constituted by the Cree-Naskapi (of Quebec) Act, herein acting and represented by Mr. John Longchap, its Chief, duly authorized to execute this Agreement, (hereinafter referred to as the ?Mistissini Band?) AND: The CREES OF OUJ?-BOUGOUMOU, a recognized collectivity of James Bay Crees, herein acting and represented by Mr. Sam Bosum, their traditional Chief, duly authorized to execute this Agreement, (hereinafter referred to as the ?Crees of Ouj?-Bougoumou?) AND: HYDRO-QU?BEC, a corporation duly incorporated with its head office in Montr?al, Qu?bec, herein acting and represented by Mr. Andr? Caill?, its President and Chief Executive Officer, duly authorized to execute this Agreement, (hereinafter referred as ?Hydro-Qu?bec?) 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 Mr. Elie Saheb, its President and Chief Executive Officer, duly authorized to execute this Agreement, (hereinafter referred to as ?SEBJ?) WHEREAS the terms of subsection 11.2 of the La Grande (1986) Agreement, provide, among other, for the following: ?Hydro-Qu?bec undertakes to take definitive measures to hire and train the largest number of James Bay Crees practical for its operations in the James Bay area. The objective of the parties is to have 150 Crees employed in permanent Hydro-Qu?bec jobs within Le Complexe La Grande (1975) by 1996.?; WHEREAS the objective of the Parties to have one hundred and fifty (150) Crees employed in permanent Hydro-Qu?bec jobs within Le Complexe La Grande (1975) has not been attained; WHEREAS the Parties wish to provide for effective mechanisms and means to ensure that this undertaking be fulfilled under a new timetable and through permanent hiring by Hydro-Qu?bec of Cree candidates who meet its Hiring Requirements, through Hiring Initiatives, through Employment Incentives and Temporary Employment Programs and through special hiring mechanisms; WHEREAS the Parties agree to replace section 11.2 of the La Grande 1986 Agreement by a new agreement ; WHEREAS Hydro-Qu?bec wishes to acknowledge and reiterate its commitment and undertaking and further undertakes to employ by March 31st, 2017, James Bay Crees who meet its Hiring Requirements in a minimum of one hundred fifty (150) Permanent Positions within Hydro-Qu?bec and located within the James Bay Region; WHEREAS the Cree Parties wish to acknowledge their leadership role and their responsibility of providing to Hydro-Qu?bec Cree candidates who meet Hydro-Qu?bec Hiring Requirements in sufficient number to achieve the objective of having, by March 31st, 2017, a minimum of one hundred fifty (150) James Bay Crees employed in Permanent Positions within Hydro-Qu?bec and located within the James Bay Region; THE PARTIES THEREFORE AGREE AS FOLLOWS: 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 ? Apatisiiwin Corporation ? : the Apatisiiwin Corporation referred to in Chapter 3 of this Agreement (?Soci?t? Apatisiiwin?). 1.2 ? Crees ? or ? James Bay Crees ?: the persons eligible pursuant to paragraphs 3.2.1, 3.2.2 and 3.2.3 of Section 3 of the James Bay and Northern Qu?bec Agreement (?Cris? ou ?Cris de la Baie James?). 1.3 ? Cree Enterprise ?: an unincorporated business belonging to a James Bay Cree as well as any corporation in which one or more James Bay Crees hold over 50% of the voting or non-voting shares or a sufficient participation to appoint the majority of directors, and any partnership, joint venture, non-profit corporation or other enterprise or legal entity in which one or more James Bay Crees hold 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, and including any Cree band or any Cree entity created pursuant to the James Bay and Northern Quebec Agreement (?Entreprise Crie?). 1.4 ? Cree Parties ?: the Cree signatories to the La Grande (1986) Agreement namely the Grand Council of the Crees (Eeyou Istchee), the Cree Regional Authority, the Chisasibi Band, the Whapmagoostui Band, the Wemindji Band, the Eastmain Band, the Waswanipi Band, the Nemaska Band, the Waskaganish Band, the Mistissini Band and the Crees of Ouj?-Bougoumou (?Parties Cries?). 1.5 ? Cree Regional Authority ?: the public corporation duly constituted as such under Chapter 89 of the Statutes of Qu?bec 1978, now R.S.Q., chapter A-6.1 (?Administration r?gionale crie?). 1.6 ? Cree Youth ? : James Bay Crees between fifteen and thirty years of age (?Jeunesse crie?). 1.7 ? Employment Fund ?: the Fund described in Chapter 4 of this Agreement (?Fonds de l?Emploi?). 1.8 ? Employment Incentives and Temporary Employment Programs ?: the programs described in Chapter 6 of this Agreement (?Incitatifs d?Emploi et Programmes d?Emplois Temporaires?). 1.9 ? Financial Year ?: the period between April 1st of a calendar year and March 31st of the subsequent calendar year (?Ann?e Financi?re?). 1.10 ? Future Development Project ? : a) any hydroelectric development 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 (? Projet Futur de D?veloppement ?). 1.11 ? Hiring Initiatives ?: The initiatives described in section 5.2 of this Agreement (?Initiatives d?Embauche?). 1.12 ? Hiring Requirements ? : the bona fide employment requirements for a position and which do not create arbitrary or artificial barriers to the employment of James Bay Crees. The Hiring Requirements for the technician and trade positions referred to in subsection 5.1.1 of this Agreement are further described in subsection 5.1.4 of this Agreement (?Crit?res d?Embauche?). 1.13 ? Hydro-Qu?bec ? : the Commission hydro?lectrique du Qu?bec instituted as a corporation and governed by the Hydro-Qu?bec Act (R.S.Q., chapter H-5), including all divisions such as Trans-?nergie (?Hydro-Qu?bec?). 1.14 ? Hydro-Qu?bec Affiliate ? : any corporation in which Hydro-Qu?bec holds over fifty percent (50%) of the voting or non-voting shares or a sufficient participation to appoint the majority of the directors, and any partnership (including limited partnership), joint venture, non-profit corporation or other enterprise or legal entity in which Hydro-Qu?bec 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 (?Filiale d?Hydro-Qu?bec?). 1.15 ? James Bay and Northern Qu?bec Agreement ? : the 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 Qu?bec (L.Q., 1976, chapter 46) and as amended by certain complementary agreements but without prejudice to the claims, recourses and positions of the Parties in regard to Complementary Agreement 9 (?Convention de la Baie James et du Nord qu?b?cois?). 1.16 ? James Bay Region ? : the territory contemplated by paragraph 22.1.6 of the James Bay and Northern Quebec 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 subsection 24.13 of the James Bay and Northern Quebec Agreement (?R?gion de la Baie James?). 1.17 ? La Grande (1986) Agreement ? : the Agreement dated November 6, 1986 by and between the Grand Council of the Crees (of Quebec), the Cree Regional Authority, the Bands of Chisasibi, Whapmagoostui, Wemindji, Eastmain, Waswanipi, Nemaska, Waskaganish and Mistissini, the Crees of Ouj?-Bougoumou, Hydro-Qu?bec and the Soci?t? d??nergie de la Baie James (?Convention La Grande (1986)?). 1.18 ? Le Complexe La Grande (1975) ? : the hydroelectric development defined in Section 8 of the James Bay and Northern Quebec Agreement as that Section reads as of the date of the signature of this Agreement (?Le Complexe La Grande (1975)?). 1.19 ? Non-Cree Enterprise ? : any unincorporated business, corporation, partnership, joint venture, non-profit corporation or other enterprise or legal entity which is not a Cree Enterprise (?Entreprise Non Crie?). 1.20 ? Parties ? : the Cree Parties, Hydro-Qu?bec and the Soci?t? d??nergie de la Baie James (?Parties?). 1.21 ? Permanent Position?: A full-time position of a continuous and ongoing nature comprising at least thirty-two and a half (32.5) hours of remunerated work per week (or an equivalent number of remunerated hours of work calculated on a monthly or yearly basis) and which is not subject to non-remunerated lay-off periods (?Emploi Permanent?). CHAPTER 2 GENERAL UNDERTAKINGS 2. .masqu? 2.1 Hydro-Qu?bec acknowledges and reiterates its commitment and undertaking and further undertakes, subject to section 2.3 herein, to employ, by March 31st, 2017, James Bay Crees who meet its Hiring Requirements in a minimum of one hundred fifty (150) Permanent Positions within Hydro-Qu?bec and located within the James Bay Region. 2.2 The said 150 Permanent Positions referred to in section 2.1 above shall be in addition to any employment for James Bay Crees a) created or generated through contracts of enterprise or for services or for supplies between Hydro-Qu?bec or any Hydro-Qu?bec Affiliate and any Cree or Non-Cree Enterprise; b) which may be attributable to or generated pursuant to any Future Development Project; c) resulting from the activities of the Mitigation Works (SOTRAC 1986) Fund, the Remedial Measures Fund under the Opimiscow Agreement or any other remedial work program or fund agreed between any Cree party and Hydro-Qu?bec; and d) resulting from the Employment Incentives and Temporary Employment Programs provided for in this Agreement. 2.3 A James Bay Cree employed by Hydro-Qu?bec pursuant to section 2.1 above must meet the Hiring Requirements of Hydro-Qu?bec for the position for which he or she is first hired. The Cree Parties acknowledge their responsibility of providing to Hydro-Qu?bec Cree candidates who meet these Hiring Requirements in sufficient numbers to achieve the objective of having, by March 31st, 2017, a minimum of one hundred fifty (150) James Bay Crees employed in Permanent Positions within Hydro-Qu?bec and located within the James Bay Region. 2.4 The Cree Regional Authority and Hydro-Qu?bec have identified in a separate letter signed with this Agreement those James Bay Crees employed by Hydro-Qu?bec in Permanent Positions as of the date of coming into force of this Agreement and who are recognized for the purpose of Hydro-Qu?bec?s undertakings under section 2.1 above. 2.5 The employment of James Bay Crees for a minimum of one hundred fifty (150) Permanent Positions at Hydro-Qu?bec as set out in section 2.1 above will be achieved on a gradual basis and will be completed as soon as feasible in accordance with a timetable and an implementation plan determined by the Apatisiiwin Corporation, and in any event by the latest March 31st, 2017. 2.6 In order to facilitate the employment of James Bay Crees at Hydro-Qu?bec and to reduce barriers to such employment, the Parties agree to implement Hiring Initiatives and to set up various mechanisms as more fully described in this Agreement. 2.7 Moreover, in light of the extended timetable for the employment of James Bay Crees in a minimum of one hundred fifty (150) Permanent Positions at Hydro-Qu?bec, the Parties also agree to set up and implement Employment Incentives and Temporary Employment Programs addressed to James Bay Crees and which are more fully described in this Agreement. 2.8 The parties recognize that the Hydro-Qu?bec standard employment conditions will apply to the Cree employees hired according to section 2.1 above including post-entry probation period, pay and premiums and works schedules. CHAPTER 3 APATISIIWIN CORPORATION 3. masqu? 3.1. Requirement of a legal vehicle It is acknowledged that an appropriate legal vehicle is required to study, plan, design, develop, approve, manage and implement the Hiring Initiatives, and the Employment Incentives and Temporary Employment Programs, to carry out the other duties and functions which are attributed to the Apatisiiwin Corporation by this Agreement, to act as a continuing forum to deal more efficiently with employment issues involving James Bay Crees and Hydro-Qu?bec, and to perform such other functions as the parties may jointly assign to it. 3.2 Establishment of the Apatisiiwin Corporation 3.2.1 A non-profit corporation under the name, in English, Apatisiiwin Corporation, in French, Soci?t? Apatisiiwin, and in Cree, Apatisiiwin Companee, shall be established with the objects, powers and functions set forth in this Agreement. 3.2.2 Upon the coming into force of this Agreement, the Cree Regional Authority will cause to be incorporated the Apatisiiwin 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, powers and functions as set forth in this Agreement. 3.3 Membership The members of the Apatisiiwin Corporation shall be the Cree Regional Authority and Hydro-Qu?bec. 3.4 Board of Directors 3.4.1 The affairs of the Apatisiiwin Corporation shall be managed by a Board of Directors comprising five (5) 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 Apatisiiwin Corporation may be increased by the members of this Corporation (namely the Cree Regional Authority and Hydro-Qu?bec) insofar as the proportion of directors appointed by he Cree Regional Authority and Hydro-Qu?bec remains essentially the same as that indicated in subsection 3.4.1 above. 3.5 Decisions and quorum 3.5.1 Subject to any legislation of general application governing the corporate organization and operations of the Apatisiiwin Corporation, all by-laws, resolutions and other decisions of the Apatisiiwin Corporation, including but not limited to any resolution or decision concerning the distribution of the Employment Fund between the Hiring Initiatives and the Employment Incentives and Temporary Employment Programs, shall be made by the Board of Directors of the Apatisiiwin 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 subsection 3.5.1, to be valid, any resolution or other decision of the Board of Directors of the Apatisiiwin Corporation in connection with the Employment Incentives and Temporary Employment Programs shall require the assent of at least one director appointed by Hydro-Qu?bec, save any resolution or decision concerning the distribution of the Employment Fund between the Hiring Initiatives and the Employment Incentives and Temporary Employment Programs. 3.5.3 If the Board of Directors of the Apatisiiwin Corporation is unable to agree on a resolution or other decision as a result of the application of subsection 3.5.2, 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 Apatisiiwin Corporation to the dispute resolution mechanisms set out in Chapter 8. 3.5.4 The quorum for meetings of the Board of Directors of the Apatisiiwin Corporation shall be a majority of its members insofar as at least two (2) directors appointed by the Cree Regional Authority and one (1) director appointed by Hydro-Qu?bec are present. 3.6 Objects, Powers and Duties 3.6.1 The Apatisiiwin Corporation shall, among others, have the following objects: a) to facilitate, foster and encourage the employment of James Bay Crees; b) to reduce barriers to the employment of James Bay Crees; c) to create employment opportunities for James Bay Crees; d) to promote the general welfare of the James Bay Crees, improve the employment conditions of the James Bay Crees, and to provide training, employment and economic opportunities for the James Bay Crees; e) to provide a framework for improved relations between the James Bay Crees and Hydro-Qu?bec in regard to employment and employment opportunities. 3.6.2 The powers and duties of the Apatisiiwin Corporation shall include, but will not be limited to the following: the carrying out of the functions set forth in Chapter 4 with respect to the Employment Fund, in Chapter 5 with respect to Hiring Initiatives for Permanent Positions in Hydro-Qu?bec operations, in Chapter 6 in respect to Employment Incentives and Temporary Employment Programs as well as the functions set out for the Apatisiiwin Corporation in the other chapters of this Agreement. 3.7 Head office The head office of the Apatisiiwin Corporation shall be situated within the Cree Category IA lands of the Cree community of Chisasibi. 3.8 Administrative and financial procedures 3.8.1 The Cree Regional Authority 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 Apatisiiwin Corporation. The travel, accommodation and meal expenses of these directors shall be assumed by the Apatisiiwin Corporation in accordance with the 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 other operating costs of the Apatisiiwin Corporation shall be assumed by this corporation. 3.8.2 The financial year of the Apatisiiwin Corporation shall be from April 1st to March 31st of the subsequent calendar year. 3.8.3 The Apatisiiwin 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 Apatisiiwin Corporation shall submit and present each year to the Parties an annual report of its activities no later than six months after the end of its financial year. Insofar as Hydro-Qu?bec provides it on a yearly basis with the information set out in paragraph a) of subsection 4.4.2, the Apatisiiwin Corporation shall also submit and present each year to the Parties a report on the number of James Bay Crees hired in Permanent Positions by Hydro-Qu?bec within the James Bay Region and who were continuously employed in Permanent Positions for the two (2) calendar years immediately preceding the date of the annual report. 3.8.5 The Apatisiiwin Corporation shall have the right to retain by contract the services of such consultants, professionals, 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 Hiring Initiatives and the Employment Incentives and Temporary Employment Programs shall be carried out through third party contracts awarded, administered and supervised by the Apatisiiwin Corporation. 3.8.7 The official documents of the Apatisiiwin Corporation shall be in French and English except as otherwise authorized by the Board of Directors. 3.8.8 Cree shall be used as much as possible as a working language of the Apatisiiwin Corporation which shall also arrange and pay for Cree translations of documents when authorized by the Board of Directors. The Board of Directors of the Apatisiiwin Corporation will operate in a manner which ensures that its directors may properly communicate amongst one other at Board meetings. 3.9 Documentation 3.9.1 Hydro-Qu?bec shall make available to the Apatisiiwin Corporation, at its request and free of charge, scientific, technical and administrative information of Hydro-Qu?bec which is necessary to accomplish its objects or necessary to the implementation of this Agreement. 3.9.2 The Cree Regional Authority, or the Cree party which may eventually be the successor to the Cree Regional Authority in the management of Cree human resources development programs, shall make available to the Apatisiiwin Corporation, at its request and free of charge, human resources development information concerning the James Bay Crees and which is necessary to accomplish its objects or necessary to the implementation of this Agreement. 3.10 Duration of Apatisiiwin Corporation It is intended that the Apatisiiwin Corporation continue its existence until such a time as there is no significant amount of money left in the Employment Fund. In the event of dissolution or winding-up of the Apatisiiwin 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 Cree Regional Authority and Hydro-Qu?bec, provided that such assets as may remain shall be for mitigating works to the use and benefit of the James Bay Crees. 3.11 Collaboration between the parties and the Apatisiiwin Corporation Hydro-Qu?bec, the Cree parties and the Apatisiiwin Corporation shall work closely and effectively together in achieving the implementation of this Agreement. 3.12 Acceptance of obligations by the Apatisiiwin Corporation The Cree Regional Authority and Hydro-Qu?bec undertake to have the directors they appoint to the Apatiwisin Corporation adopt, at the first regular meeting of the Board of Directors, a resolution whereby the Apatisiiwin Corporation agrees to accept and be bound by the terms of this Agreement. CHAPTER 4 EMPLOYMENT FUND 4. masqu? 4.1 Purpose of Employment Fund The Parties acknowledge that it is appropriate to establish an Employment Fund for the purposes of funding the Hiring Initiatives and the Employment Incentives and Temporary Employment Programs. 4.2 Establishment and funding The Employment Fund is hereby established. The Employment Fund will be at the disposal of the Apatisiiwin Corporation. The Employment Fund will consist of amounts made available by Hydro-Qu?bec in accordance with section 4.3 of this Agreement. 4.3 Contributions to the Employment Fund 4.3.1 Hydro-Qu?bec will make available to the Apatisiiwin Corporation at the beginning of and for each Financial Year from April 1st, 2002 to March 31st 2017 inclusively, a yearly financial contribution composed as follows: a) a yearly basic financial contribution equal to the annual interest on a capital amount of thirty million dollars ($30,000,000), such interest calculated on the basis of a rate equal to the average weekly interest yields of the previous calendar year as set out in the ?Long-term average weighted bond yields (Scotia Capital Inc. ? Provincial)? as posted by the Bank of Canada (weekly series B113868); Schedule A sets out an example of the calculation method for such purposes; b) a yearly additional contribution amount of five million dollars ($5,000,000). 4.3.2 In the event the ?Long-term average weighted bond yields (Scotia Capital Inc. ?Provincial)? as posted by the Bank of Canada (weekly series B113868) is no longer publicly available or is substantially changed, the Cree Regional Authority and Hydro-Qu?bec will jointly agree to another appropriate reference source or methodology in order to reflect for the purposes of paragraph a) of subsection 4.3.1 an interest rate basis equal to the average weekly interest yields of the previous calendar year for long-term Province of Quebec bonds having a then unexpired term of ten (10) years or more. Failing an agreement on this reference source or methodology, the matter will be submitted to the dispute resolution mechanisms set out in Chapter 8 of this Agreement. 4.3.3 At the latest January 31st of each year, Hydro-Qu?bec will provide a written notice to the Apatisiiwin Corporation of its estimate of the yearly basic financial contribution pursuant to paragraph a) of subsection 4.3.1 for the subsequent Financial Year. This notice will include detailed explanations as to the method and data used to carry out this estimate. 4.3.4 The Apatisiiwin Corporation may ratify the estimate of Hydro-Qu?bec pursuant to subsection 4.3.3 for a given Financial Year or rather decide to revise this estimate. In case of a revision, the Apatisiiwin Corporation shall prepare its own estimate of the yearly basic financial contribution pursuant to paragraph a) of subsection 4.3.1 for the concerned Financial Year and shall forward it to Hydro-Qu?bec for review. In the event Hydro-Qu?bec and the Apatisiiwin Corporation do not agree on this estimate for a given Financial Year by September 30th of that Financial Year, any of the Parties or the Apatisiiwin Corporation may submit the matter to the dispute resolution mechanisms set out in Chapter 8 of this Agreement. 4.3.5 In the event of a revision of the estimate of Hydro-Qu?bec for a given Financial Year as provided for in subsection 4.3.4, Hydro-Qu?bec will nevertheless make available to the Apatisiiwin Corporation for that Financial Year an amount equal to its estimate of the yearly basic financial contribution pursuant to paragraph a) of subsection 4.3.1 for that Financial Year subject to that estimate being revised pursuant to subsection 4.3.4. 4.4 Early cessation of contributions 4.4.1 Prior to March 31st, 2017, Hydro-Qu?bec may cease to make available to the Apatisiiwin Corporation its financial contribution provided in subsection 4.3.1 for a given Financial Year if it can demonstrate pursuant to the substantive provisions of subsection 4.4.2 that it has hired James Bay Crees in a minimum of 150 Permanent Positions located within the James Bay Region and has continuously employed them in Permanent Positions for the immediately preceding two calendar years. 4.4.2 In order to cease making a financial contribution as provided for in subsection 4.4.1, Hydro-Qu?bec must provide both the Apatisiiwin Corporation and the Cree Regional Authority no later than January 31st preceding the Financial Year in which it wishes to cease making available its financial contribution, with written notices to this effect. These notices must be accompanied by the following information: a) a list providing the names of all James Bay Crees employed by Hydro-Qu?bec in Permanent Positions located within the James Bay Region and including for each name on the list the following information: Cree beneficiary number, place of work within Hydro-Qu?bec, position occupied at Hydro-Qu?bec, number of regular hours of work at Hydro-Qu?bec, date of first hiring by Hydro-Qu?bec in a Permanent Position in the James Bay Region; b) a sworn affidavit signed by a senior manager of Hydro-Qu?bec stating: i) that all the informations provided in the list referred to in paragraph a) are correct and true; ii) that Hydro-Qu?bec has hired James Bay Crees in a minimum of 150 Permanent Positions located within the James Bay Region and has continuously employed them in Permanent Positions for the two calendar years immediately preceding the signature of the affidavit; c) an audit report from a firm of independent chartered accountants certifying that Hydro-Qu?bec has hired James Bay Crees in a minimum of 150 Permanent Positions for the two preceding calendar years. Once such notices and their accompanying information have been so provided, Hydro-Qu?bec may cease to make available its financial contribution as of April 1st of the Financial Year which follows. 4.4.3 The Apatisiiwin Corporation or the Cree Regional Authority may request additional information from Hydro-Qu?bec in order to allow to ascertain whether the conditions for the application of subsection 4.4.1 have been complied with. Hydro-Qu?bec will reply fully and promptly to such requests. 4.4.4 Any dispute in relation to the application of this section 4.4 will be resolved through the dispute resolution mechanisms set out in Chapter 8 of this Agreement. 4.5 Use of Employment Fund 4.5.1 The Employment Fund shall be used for the purposes of funding the Hiring Initiatives and the Employment Incentives and Temporary Employment Programs. 4.5.2 Schedule B includes a non-limitative list of possible uses of the Employment Fund for the Employment Incentives and Temporary Employment Programs. 4.6 Accumulation of funding and transfer of funding between years 4.6.1 It is the stated intention of the parties that the full amount of the yearly Hydro-Qu?bec contributions to the Employment Fund be expended each year for the purposes of the Hiring Initiatives and the Employment Incentives and Temporary Employment Programs. However, the Parties recognize that the level of activities related to these incentives and programs may vary from year to year. Taking this variability into account, the Parties agree that a flexible approach must be taken in the use of the Employment Fund as further set out in subsections 4.6.2, 4.6.3 and 4.6.4. 4.6.2 Any amount made available by Hydro-Qu?bec in a given Financial Year for the Employment Fund pursuant to subsection 4.3.1 may be applied by the Apatisiiwin Corporation to expenses and commitments related or incurred in the immediately preceding Financial Year or in the immediately following Financial Year. 4.6.3 Amounts made available by Hydro-Qu?bec for the Employment Fund pursuant to subsection 4.3.1 may be accumulated by the Apatisiiwin Corporation and transferred to subsequent Financial Years insofar as the total amount so accumulated as of March 31st of any given Financial Year and transferred to the subsequent Financial Year does not exceed seven million dollars ($7,000,000). 4.6.4 Should the total amounts so accumulated by the Apatisiiwin Corporation as of March 31st of any given Financial Year and transferred to the subsequent Financial Year exceed seven million dollars ($7,000,000), the amount of the surplus above seven million dollars ($7,000,000) shall be deducted from the amount made available by Hydro-Qu?bec pursuant to subsection 4.3.1 for that subsequent Financial Year. 4.7 Administration and control of Employment Fund 4.7.1 The Employment Fund shall be held and disbursed by Hydro-Qu?bec but shall be subject to the control of the Apatisiiwin Corporation. 4.7.2 Upon receipt of a resolution of the Apatisiiwin Corporation approving the detailed activities, plans, programs and budgets related to the Hiring Initiatives and the Employment Incentives and Temporary Employment Programs for a given Financial Year, Hydro-Qu?bec shall make available to the Apatisiiwin Corporation from the Employment Fund the amounts necessary to pay for these activities, plans and programs in accordance with the terms of the resolution of the Apatisiiwin Corporation as and when expenditures are incurred. The Apatisiiwin Corporation may adjust and modify its resolution in these regards during the course of a Financial Year. 4.7.3 No administration, management or other fees will be charged by Hydro-Qu?bec in regard to activities carried out under the Employment Fund. 4.7.4 Hydro-Qu?bec shall, free of charge, forward to the Apatisiiwin Corporation and the Cree parties, on or before July 31st of each year, an audited financial statement for the immediately preceding Financial Year showing expenditures from the Employment Fund and the total amount accumulated as of March 31st in the said Fund. 4.7.5 Should any of the Cree parties or the Apatisiiwin Corporation have any questions in relation to any expenditure from the Employment Fund or in relation to any aspect of the audited financial statement provided pursuant to subsection 4.7.4, explanations may be sought from Hydro-Qu?bec within sixty (60) days of receipt of such audited financial statement from Hydro-Qu?bec. Any dispute in regard to any expenditure or any aspect of this financial statement shall be submitted for resolution to the dispute resolution mechanisms set out in Chapter 8 of this Agreement. 4.8 Advance contributions 4.8.1 An amount of five hundred thousand dollars ($500,000), to be deducted from the yearly financial contribution of Hydro-Qu?bec to the Employment Fund for the Financial Year 2002-2003, will be made available in advance to the Apatisiiwin Corporation by Hydro-Qu?bec upon its incorporation in order to allow for the setting-up and organization of the Apatisiiwin Corporation and to design and develop the Hiring Initiatives and the Employment Incentives and Temporary Employment Programs for the financial year 2002-2003. 4.8.2 Further additional amounts taken from the yearly financial contribution of Hydro-Qu?bec to the Employment Fund for the financial year 2002-2003 may be made available in advance to the Apatisiiwin Corporation by Hydro-Qu?bec for projects falling under the Employment Incentives and Temporary Employment Programs and which are implemented during the course of the 2001-2002 Financial Year. These amounts will be determined jointly by Hydro-Qu?bec and the Apatisiiwin Corporation. Any amount so advanced shall be deducted from the yearly financial contribution of Hydro-Qu?bec to the Employment Fund for the Financial Year 2002-2003. 4.8.3 The advances provided for in subsections 4.8.1 and 4.8.2 will bear no interest and will not be subject to any charges by Hydro-Qu?bec. CHAPTER 5 CREE - HYDRO-QU?BEC HIRING INITIATIVES FOR PERMANENT POSITIONS IN HYDRO-QU?BEC OPERATIONS 5. Masqu? 5.1. Technicians and Technical Trades Positions 5.1.1 The Parties recognize that Hydro-Qu?bec plans to hire permanent employees to work for it in the James Bay Region from the date of coming into force of this Agreement to March 31st, 2017, and principally in the following disciplines: ? Automation Electronics Technicians ? Telecommunications Technicians ? Apparatus Electricians ? Apparatus Mechanics A list of positions within these disciplines and of the hiring requirements related thereto is included in Schedule C to this Agreement. 5.1.2 Within the framework of its undertaking set out in section 2.1 of this Agreement, Hydro-Qu?bec commits, subject to subsection 5.1.3 herein, to hiring by March 31st, 2017 a minimum of 150 James Bay Crees meeting its Hiring Requirements in those disciplines set out in subsection 5.1.1 and it further guarantees, up-front, Permanent Positions for the first 150 James Bay Crees who meet these Hiring Requirements. 5.1.3 The Cree Parties recognize their leadership role and their responsibility of providing to Hydro-Qu?bec a sufficient number of Cree candidates who meet Hydro-Qu?bec Hiring Requirements for the disciplines described in subsection 5.1.1 herein in order to achieve the objective of having, by March 31st, 2017, a minimum of 150 James Bay Crees employed in Permanent Positions within Hydro-Qu?bec and located within the James Bay Region. 5.1.4 The Hiring Requirements which the James Bay Crees must meet to benefit from the specific commitment and guarantees set out in subsection 5.1.2 are as follows: a) bona fide academic requirements demonstrated by certified diplomas from educational institutions recognized by the appropriate government agencies as set out for each concerned discipline in Schedule C to this Agreement; b) functional work related fluency in the French language; c) successful completion of Hydro-Qu?bec?s standard entry tests and health exams. These tests and exams as well as issues concerning work related fluency in the French language will however be presented to the Apatisiiwin Corporation for consultation and this corporation will be entitled to make specific recommendations to Hydro-Qu?bec management staff to ensure that they do not create or contain any arbitrary or artificial barriers to employment of James Bay Crees. Tests and exams of Hydro-Qu?bec may be reviewed by third party experts designated by the Apatisiiwin Corporation rather than submitted to this Corporation where Hydro-Qu?bec wishes to retain the confidential nature of such tests and exams. Hydro-Qu?bec undertakes to seriously review these recommendations and, should it decide not to implement such recommendations by reason, among others, that they would unacceptably modify its hiring standards, to respond to the Apatisiiwin Corporation in writing within sixty (60) days as to the reasons for which it cannot implement the recommendations. 5.1.5 James Bay Cree students enrolled at college or technical level courses on a full-time basis in the disciplines set out in subsection 5.1.1 and who achieve success in their studies will be assured summer employment through the Employment Incentives and Temporary Employment Programs. 5.2 Hiring Initiatives Hiring Initiatives will be designed, developed, approved, managed and implemented by the Apatisiiwin Corporation and will address in particular the following: a) training to assist James Bay Crees to meet Hydro-Qu?bec Hiring Requirements for Permanent Positions within Hydro-Qu?bec ; b) scholarships, in-house training initiatives, prizes, etc. to encourage James Bay Crees to meet Hydro-Qu?bec Hiring Requirements for Permanent Positions within Hydro-Qu?bec ; c) development of career guidance programs addressed to Cree Youth and related to the disciplines set out in subsection 5.1.1; d) hiring through a Cree Enterprise of one or more coordinators to assist in meeting the objectives of this Agreement ; e) funding of French language training and French immersion support for James Bay Crees seeking or who have secured employment with Hydro-Qu?bec; f) translation of Hydro-Qu?bec external hiring postings and requirements and other related documentation; g) other initiatives approved by the Apatisiiwin Corporation to assist James Bay Crees in obtaining employment with Hydro-Qu?bec; h) reasonable administrative and management costs related to the above. 5.3 Other Positions 5.3.1 The Parties recognize that Hydro-Qu?bec may also be hiring employees external to Hydro-Qu?bec to work for it in the James Bay Region over the period from the date of coming into force of this Agreement to March 31st, 2017, and in disciplines other than those set out in subsection 5.1.1. It is expected by Hydro-Qu?bec that these hirings, if they occur, will be of a temporary nature. Though its hiring needs are uncertain in these other disciplines, Hydro-Qu?bec nevertheless agrees to facilitate the hiring of James Bay Crees for such positions insofar as such positions are available and the Cree candidates meet Hydro-Qu?bec?s Hiring Requirements for such positions. 5.3.2 Hydro-Qu?bec will inform the Apatisiiwin Corporation each time such a position is available for the hiring of candidates external to Hydro-Qu?bec. This information will be provided in writing and will include a brief description of the position as well as the Hiring Requirements for the position, the hours of work, pay rates, benefits, general conditions of employment and indicate where candidacies should be addressed as well as the time frame in which candidates should apply. 5.3.3 Hydro-Qu?bec will offer employment to, and employ on a first priority basis, those James Bay Crees who answer its Hiring Requirements for the positions referred to at subsection 5.3.2. 5.3.4 Should Hydro-Qu?bec be unable to fill a position in accordance with this priority within thirty (30) days after notifying the Apatisiiwin Corporation, it may then proceed to hire persons not contemplated by this priority. 5.3.5 This employment priority will be applied until a minimum of one hundred and fifty (150) Permanent Positions with Hydro-Qu?bec and located within the James Bay Region are occupied by James Bay Crees, the whole as set out and established pursuant to section 4.4 of this Agreement. 5.4 Other measures 5.4.1 The Apatisiiwin Corporation may review on a regular basis the employment needs of Hydro-Qu?bec for the James Bay Region as well as the recruitment process and promotion process as regards Cree employment and it will be entitled to make specific recommendations to Hydro-Qu?bec management staff as regards the elimination of barriers which may impede the hiring or promotion of James Bay Crees. Hydro-Qu?bec undertakes to seriously review these recommendations and, should it decide not to implement such recommendations, to respond to the Apatisiiwin Corporation in writing within sixty (60) days as to the reasons for which it cannot implement the recommandations. 5.4.2 Hydro-Qu?bec undertakes to review every two years its employment practices and its working conditions in Northern Quebec to determine methods of accommodating these practices to the social and cultural particularities of its Cree workforce. Hydro-Qu?bec agrees to present every two years to the Apatisiiwin Corporation the results of this review and to seek comments from the Apatisiiwin Corporation on this matter. 5.4.3 Hydro-Qu?bec will organize the work schedules of its Cree workforce so as to allow Cree employees who so desire to use their vacation entitlements to take up to three (3) continuous weeks off per year during periods of traditional Cree activities and particularly during the goose hunt and moose hunt periods. 5.4.4 Hydro-Qu?bec, in close collaboration with the Apatisiiwin Corporation, will organize a yearly information campaign addressed to the James Bay Crees and concerning its activities and its employment opportunities, particularly those in connection with the disciplines set out in subsection 5.1.1 that are available within its structures. This may include video presentations and public meetings, recruitment workshops, organizing school information sessions, site visits for interested Crees, etc. 5.4.5 Hydro-Qu?bec will provide to its Cree employees the same training and upgrading it provides to its non-Cree workforce in equivalent jobs. 5.4.6 It is recognized that some Cree candidates may require training or upgrading to occupy positions at Hydro-Qu?bec. It is also recognized that such training and upgrading will be provided through Cree Enterprises or other entities and may be funded in whole or in part by the Employment Fund. However, this source of funding is a complementary source of funding ranking after the government funded training programs made available to Crees. Hydro-Qu?bec agrees to collaborate with any public or private program which may exist or be established and with the Apatisiiwin Corporation in order that such training or upgrading are provided to Cree candidates. The modalities of such collaboration will be discussed, if need be, within the framework of the Apatisiiwin Corporation. 5.4.7 The measures described in this Agreement do not oblige Hydro-Qu?bec to hire Cree individuals who do not meet the bona fide Hiring Requirements of Hydro-Qu?bec. However, Hydro-Qu?bec will not impose Hiring Requirements which create arbitrary barriers to James Bay Cree employment or which constitute arbitrary or artificial barriers to the employment of James Bay Crees. The Apatisiiwin Corporation will review periodically Hydro-Qu?bec?s employment requirements in order to make appropriate recommendations in this matter. 5.4.8 As a specific additional undertaking, the Apatisiiwin Corporation and Hydro-Qu?bec will take out each year at least three (3) full page adds in the Cree magazine ? The Nation ?, or any similar Cree publication in the James Bay Region (as approved by the Apatisiiwin Corporation), promoting the disciplines set out at subsection 5.1.1 and inviting James Bay Cree candidates to submit applications for these positions. CHAPTER 6 CREE ? HYDRO-QU?BEC EMPLOYMENT INCENTIVES AND TEMPORARY EMPLOYMENT PROGRAMS 6.1 The Employment Incentives and Temporary Employment Programs will be designed, developed, approved, managed and implemented by the Apatisiiwin Corporation and will address in particular the following : a) creation of employment opportunities for James Bay Crees related to Hydro-Qu?bec installations and activities in the James Bay Region through temporary work programs, including student summer employment programs, and subject to the priorities and exclusions set out in section 6.2; b) hiring through a third Cree party of one or more coordinators to assist the Apatisiiwin Corporation to meet the objectives of this Agreement; c) subject to section 6.3, reasonable administrative and programs management costs; d) other initiatives approved by the Apatisiiwin Corporation to assist James Bay Crees in obtaining employment through temporary work or otherwise, including analysis of Hydro-Qu?bec service and supply needs and analysis of the possibility of satisfying these needs through Cree business initiatives. 6.2 In designing, developing, approving and implementing the temporary work programs set out in paragraph a) of section 6.1, the Apatisiiwin Corporation will take into account the following priorities and exclusions: a) priority will be given to projects addressed particularly to Cree Youth or to Cree trappers and their families directly impacted by Le Complexe La Grande (1975); b) priority will also be given to projects employing James Bay Crees and associated with alleviating negative impacts of Le Complexe La Grande (1975) on Cree traditional activities, with furthering the use by the James Bay Crees of the areas affected by Le Complexe La Grande (1975), with assisting in the reorganization of family hunting and trapping in such areas to meet Cree needs. This could include for example (but will not be limited to) work designed to improve access and use of the territory by the James Bay Crees, environmental mitigating works, works related to Cree trappers and Cree Trappers? Association priorities in terms of harvesting activities, tourism infrastructures, etc. Particular attention will be brought to projects organized by the Cree Trappers? Association; c) the temporary work programs will be in addition to any works, activities or employment resulting from any previously agreed mitigating works program such as the Mitigating Works (SOTRAC 1986) Fund, the Remedial Measures Fund under the Opimiscow Agreement or any other remedial work program or fund agreed between any Cree party and Hydro-Qu?bec; d) the temporary work programs will be in addition to and will not be used to fulfil or replace the undertakings of Hydro-Qu?bec in any previous agreement with the James Bay Crees, including the James Bay and Northern Quebec Agreement, the Chisasibi Agreement, the Sakami Lake Agreement, the La Grande (1986) Agreement, the Opimiscow Agreement and the Mercury Agreement; e) the temporary work programs will not be used directly or indirectly in regard to any Future Development Project. 6.3 The Employment Incentives and Temporary Employment Programs will seek to maximize program activity funding and to minimize administrative and programs management costs. 6.4 The Apatisiiwin Corporation will carry out from time to time consultations with the Cree communities to identify the activities to be carried out pursuant to the temporary work programs. 6.5 The activities related to the Employment Incentives and Temporary Employment Programs shall be planned and approved by the Apatisiiwin Corporation. These activities shall be carried out by Cree Enterprises provided that schedules, costs and quality are met. 6.6 Maintenance of remedial works 6.6.1 The on-going maintenance of remedial works designated by the Apatisiiwin Corporation of primary interest to the James Bay Crees and which are funded through the Employment Fund under the Employment Incentives and Temporary Employment Programs will also be paid out of the Employment Fund until the dissolution of the Apatisiiwin Corporation, the whole in accordance with maintenance programs and budgets approved by the Apatisiiwin Corporation. 6.6.2 Prior to its dissolution, the Apatisiiwin Corporation will establish by resolution a list of those remedial works which it deems of primary interest to the James Bay Crees and which were funded through the Employment Fund under the Employment Incentives and Temporary Employment Programs. The Apatisiiwin 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. 6.6.3 After the dissolution of the Apatisiiwin Corporation, Hydro-Qu?bec will continue to maintain at its expense the remedial works included in the list set out in subsection 6.6.2 in accordance with the maintenance programs or manuals provided for in the said subsection. CHAPTER 7 OTHER PROVISIONS 7. masqu? 7.1 Hydro-Qu?bec warrants and ensures that the provisions of this Agreement are fully compatible with and will not be rendered ineffective by the working conditions arrangements or agreements which may be applicable from time to time to its employees. 7.2 Hydro-Qu?bec warrants and ensures that those James Bay Crees who are employed by Hydro-Qu?bec will benefit from normal Hydro-Qu?bec employment remuneration, standards and benefits and will be eligible to and encouraged to access management level positions within the corporation. 7.3 Nothing contained in this Agreement is intended by the Parties to affect any right or entitlement of the James Bay Crees to any provincial or federal programs, funding or other benefits, including those programs, funding and benefits related to training, professional development and education. CHAPTER 8 DISPUTE RESOLUTION MECHANISMS 8.1 For the purposes of the resolution of any dispute relating to this Agreement, the issue in dispute is submitted in writing by any Party or by the Apatisiiwin Corporation to the President and Chief Executive Officer of Hydro-Qu?bec and to the Grand Chief of the Grand Council of the Crees (Eeyou Istchee) who must attempt to resolve the dispute within forty-five (45) days following the date it was so submitted in writing. 8.2 The President and Chief Executive Officer of Hydro-Qu?bec and the Grand Chief of the Grand Council of the Crees (Eeyou Istchee) may, at their joint choice and following the modalities they jointly deem appropriate: a) attempt to resolve themselves the dispute; or b) rather designate jointly a neutral third party required to enquire into the matter in dispute and formulate recommendations to assist them in resolving the dispute; or c) jointly submit the dispute to a formal process of mediation or arbitration in accordance with the procedure they jointly agree to. 8.3 In the event where the President and Chief Executive Officer of Hydro-Qu?bec and the Grand Chief of the Grand Council of the Crees (Eeyou Istchee) do not resolve the dispute to the satisfaction of the Parties within the delay of forty-five (45) days, or within any extended timeframe the President and Chief Executive Officer of Hydro-Qu?bec and the Grand Chief of the Grand Council of the Crees (Eeyou Istchee) may mutually agree to, one of the Parties may institute legal proceedings upon a prior notice of ten (10) days to the other Parties. CHAPTER 9 AMENDMENT TO THE LA GRANDE (1986) AGREEMENT AND LEGAL PROCEEDINGS 9. masqu? 9.1 Amendment to the La Grande (1986) Agreement Section 11.2 of the La Grande (1986) Agreement is replaced by the present Agreement. 9.2 Legal proceedings 9.2.1 In consideration of and subject to the terms of the present Agreement, the Parties hereby consent to the settlement out of court without costs of the parts of all legal proceedings which relate to section 11.2 of the La Grande (1986) Agreement insofar as the parties hereto are concerned. 9.2.2 The legal proceedings involving the Parties and bearing the number 500-05-027984-960 of the records of the Superior Court of the District of Montreal are hereby settled and transacted in respect to those portions relating to section 11.2 of the La Grande (1986) Agreement and insofar as the Parties hereto are concerned. The Parties undertake that they will forthwith upon the coming into force of this Agreement cause the necessary documents to be filed in the records of the Court to give effect to the above. 9.2.3 The Parties respectively release and discharge each other, their agents, mandataries, representatives and employees from all claims, demands, damages and inconveniences arising prior to this Agreement from or in relation to section 11.2 of the La Grande (1986) Agreement. CHAPTER 10 GENERAL PROVISIONS 10. masqu? 10.1 The preamble and the schedules to this Agreement form an integral part thereof. 10.2 This Agreement may only be amended with the written consent of all the Parties. 10.3 This Agreement is binding on the Parties and their successors. 10.4 This Agreement may not be assigned by any party without the written consent of all the Parties. 10.5 This Agreement is drafted and executed in both the French and English languages. Both versions are equally authoritative. CHAPTER 11 COMING INTO FORCE 11. masqu? 11.1 This Agreement shall come into force on the date of its signature by all the Parties. 11.2 This Agreement shall remain into force and be binding on the Parties until the Employment Fund has been expended and the Apatisiiwin Corporation has been dissolved. SCHEDULE A BASIC FINANCIAL CONTRIBUTION TO THE EMPLOYMENT FUND -- DETAILS ON ANNUAL INTEREST CALCULATION Data Source ? Average weighted bond yields ? Provincial ? Long-Term, weekly series (B113868) published by the Bank of Canada. ? Note: long-term averages cover bonds with a remaining term to maturity of 10 years or more. Data Retrieval ? Access Bank of Canada internet site (www.bankofcanada.ca) ? Select ?Rates & Statistics? section ? Select ?Selected Bond Yields? ? Select ?Average weighted bond yields ? Provincial, weekly (B113868) for a given year (52 data points) Example of Interest Rate Calculation ? Consult following page for a calculation using year 2000 as a practical example ? Sum of 52 weekly rates divided by 52 weeks/year equals average weekly rate for a given year Example of Basic Financial Calculation (interest amount) Average weekly rate (e.g. year 2000 = 6,510%) Times Fixed Capital Amount ($30 000 000) Equals Interest Amount ($1 953 000) AVERAGE WEIGHTED BOND YIELDS PROVINCIAL (LONG TERM) ACTUAL YEAR 2000 DATA Week Date Yield 1 00-01-05 7,02 2 00-01-12 7,00 3 00-01-19 6,95 4 00-01-26 6,78 5 00-02-02 6,80 6 00-02-09 6,75 7 00-02-16 6,72 8 00-02-23 6,53 9 00-03-01 6,46 10 00-03-08 6,47 11 00-03-15 6,50 12 00-03-22 6,37 13 00-03-29 6,55 14 00-04-05 6,41 15 00-04-12 6,42 16 00-04-19 6,51 17 00-04-26 6,62 18 00-05-03 6,75 19 00-05-10 6,78 20 00-05-17 6,77 21 00-05-24 6,84 22 00-05-31 6,60 23 00-06-07 6,55 24 00-06-14 6,50 25 00-06-21 6,58 26 00-06-28 6,55 27 00-07-05 6,40 28 00-07-12 6,44 29 00-07-19 6,51 30 00-07-26 6,45 31 00-08-02 6,41 32 00-08-09 6,37 33 00-08-16 6,37 34 00-08-23 6,38 35 00-08-30 6,43 36 00-09-06 6,35 37 00-09-13 6,41 38 00-09-20 6,49 39 00-09-27 6,43 40 00-10-04 6,46 41 00-10-11 6,38 42 00-10-18 6,35 43 00-10-25 6,41 44 00-11-01 6,49 45 00-11-08 6,51 46 00-11-15 6,42 47 00-11-22 6,36 48 00-11-29 6,28 49 00-12-06 6,18 50 00-12-13 6,17 51 00-12-20 6,15 52 00-12-27 6,18 Arithmetic mean = 6,510 Source: Bank of Canada SCHEDULE B NON-LIMITATIVE LIST OF POSSIBLE USES OF THE EMPLOYMENT FUND FOR THE EMPLOYMENT INCENTIVES AND TEMPORARY EMPLOYMENT PROGRAMS Remedial, mitigating and environmental measures, works and programs related to: 1. Creation of: ? feeding areas ? spawning areas ? portages ? goose ponds ? stream crossing 2. Shoreline improvement and management: ? water flow maintenance ? channelling ? acceleration ? stabilizing 3. Selective wood clearing 4. Cleaning in or along rivers 5. Construction of: ? sills ? winter roads ? access ramps and roads, docking points ? mini-dikes 6. Other: ? stream, lake and bank stabilization works ? restoration (planting, seeding) ? floating timber ? ecotone 7. Trapper?s Cabins: ? new cabins ? renovations ? improvements ? infrastructure ? maintenance ? relocation 8. Traditional Activity Enhancement Programs: ? clearing ? trapping out ? capture and relocation of wildlife ? enhancement of wildlife production ? enhancement of waterfowl habitat ? waterfowl management program ? enhancement of fish habitat ? enhancement of fish production, fish reproduction and improvement of fishing ? clearing to enhance fish reproduction ? cleaning of tributaries to enhance fishing (fish stocks) ? measures to ensure that the Crees have options to use desired fishing and netting techniques ? potential streams for fishing ? clearing of navigation corridors ? clearing of docking areas ? clearing of timber and debris ? recovery and disposal of timber released by ice action prior to waterlogging and sinking ? measures related to the creation of multi-purpose reservoirs ? planting of trees ? improvement of wildlife habitats, including habitat for big game ? restoration of wildlife habitats: e.g. aquatic (sills, spawning areas, fish passes, etc.), semi-aquatic (mini-dikes, cuts to enhance reforestation, planting, sowing, etc.), terrestrial (cuts to enhance reforestation, etc.) ? additional physical works to prepare the sites (scarification, soil modifications, ponds) ? channel improvement ? stream, lake and bank stabilization works ? shoreline improvement and management ? improvement of access to certain areas ? mini-dikes ? additional roads, access ramps, canoe landings, navigable channels, portages ? facilities for the smoking of fish and the sanitary handling of fish and transformation ? facilities for the handling of fish (freezing, refrigeration) ? ice making and ice storage including disinfection where needed ? cold storage (traditional) and food preservation facilities ? monitoring of harvesting activities 9. Other works and Programs: ? road maintenance ? snow removal ? equipment repairs ? parking areas SCHEDULE C TECHNICIAN AND TRADE POSITIONS REFERRED TO IN SUBSECTION 5.1.1 AND THE HIRING REQUIREMENTS RELATED THERETO Occupation Academic Requirements / Exigences acad?miques 1) Technician / Technicien Automation Electronics / Technicien Automatisme ? College diploma (DEC) in Industrial Electronic Technology, option Electrodynamics or Instrumentation & Automation / Technologie de l??lectronique industrielle, option ?lectrodynamique ou Instrumentation et Automatisation Telecommunications Technician / Technicien en T?l?communications ? DEC in Electronic Technology, option Telecommunication or Computers / Technologie de l??lectronique, option T?l?communications ou Ordinateurs 2) Trades / M?tiers Apparatus Electricians / ?lectricien d?appareillage ? Vocational secondary diploma (DEP), option Automated Systems Electromechanics / ?lectrom?canique de syst?mes automatis?s OR ? Academic equivalence for this occupation: o DEP in Maintenance Electricity / ?lectricit? d?entretien (E.E.); o DEC in Technical Electronic, option Electrodynamics / ?lectrotechnique, option ?lectro-dynamique; o College certificate (C.E.C.) in Technical Electronic / ?lectrotechnique g?n?rale Apparatus Mechanic / M?canicien d?appareillage ? DEP in Industrial Construction & Maintenance Mechanics / M?canique d?entretien de machines industrielles SIGNATORIES EN FOI DE QUOI, les parties aux pr?sentes ont d?ment fait signer la pr?sente Entente ? la date et ? l?endroit ci-apr?s indiqu?s. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly signed on the date and at the place hereinbelow indicated. Sign?e ? Waskaganish (Qu?bec), ce 7e 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: Mr. Matthew Mukash, Vice-pr?sident / Vice-Chairman The CHISASIBI BAND __________________________________ par / by: Chef / Chief Abraham Rupert The WHAPMAGOOSTUI BAND __________________________________ par / by: Chef / Chief David Masty The WEMINDJI BAND __________________________________ par / by: Chef / Chief Reggie Mark The EASTMAIN BAND __________________________________ par / by: Chef / Chief Edward Gilpin The WASWANIPI BAND __________________________________ par / by: Chef / Chief Paul Gull The NEMASKA BAND __________________________________ par / by: Chef / Chief George Wapachee The WASKAGANISH BAND __________________________________ par / by: Chef / Chief Robert Weistche The MISTISSINI BAND __________________________________ par / by: Chef / Chief John Longchap The CREES OF OUJ?-BOUGOUMOU, __________________________________ par / by: Chef / Chief Sam Bosum 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 et directeur g?n?ral / President and Chief Excutive Officer