The Grand Council of the Crees

Agreement on the Decommissioning of Hydro-Quebec/SEBJ "work sites" or installations no longer in service

Posted: 0000-00-00

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

(hereinafter referred to as the "CRA")

AND: HYDRO-QUÉBEC, a corporation duly incorporated under the Hydro-QUÉBEC Act (R.S.Q., c. H-5), with its head office in Montréal, herein acting and represented by its President and Chief Executive Officer, Mr. André Caillé, duly authorized to execute this Agreement ;

AND: La SOCIÉTÉ D'ÉNERGIE DE LA BAIE JAMES, a corporation duly incorporated with its head office in Montréal, herein acting and represented by its President and Chief Executive Officer, Mr. Elie Saheb, duly authorized to execute this Agreement.

PREAMBLE

WHEREAS in 1998 Hydro-QUÉBEC in close collaboration with the CRA began the exercise of taking an inventory of Hydro-QUÉBEC and La SOCIÉTÉ D'ÉNERGIE de la Baie James "work sites" and installations no longer in service with a view to their decommissioning ;

WHEREAS Hydro-QUÉBEC, La SOCIÉTÉ D'ÉNERGIE de la Baie James and the CRA have jointly created a "Decommissioning Plan" and an "Environmental Action Plan" for the purpose of decommissioning Hydro-QUÉBEC work, camp and other similar sites (hereinafter referred to as "sites") and installations no longer in service.

The Parties therefore Agree to the Following :

1. The exercise of decommissioning Hydro-QUÉBEC and La SOCIÉTÉ D'ÉNERGIE de la Baie James sites or installations no longer in service shall continue so long as such sites or installations are identified by Crees or Hydro-QUÉBEC.

2. The Parties shall choose and engage a neutral third party, such as a professional of the école polytechnique, to review and make recommendations on the "Decommissioning Plan" and the "Environmental Action Plan" as described in the document entitled INVENTORY OF FORMER HYDRO-QUÉBEC AND SEBJ SITES ON THE TRAPLINES OF THE CREE TERRITORIES OF JAMES BAY (QUÉBEC) AND PROPOSED DECOMMISSIONING PLAN PHASE II SUMMER 2000. Final report, April 2001. EM inc. Report presented to Cree Regional Authority and Hydro-QUÉBEC. Hydro-QUÉBEC and La SOCIÉTÉ D'ÉNERGIE de la Baie James shall pay the cost of the services of such third party.

3. The Parties shall do all things reasonable to implement recommendations made by the neutral third party pursuant to paragraphs 2 and 4 hereof.

4. In every instance where the Parties are in disagreement as to further action to be taken in accordance with the "Decommissioning Plan" and the "Environmental Action Plan", the matter shall be referred to a neutral third party, such as a professional of the école polytechnique, chosen jointly by the Parties for review and recommendations. Hydro-Quebec and La SOCIÉTÉ D'ÉNERGIE de la Baie James shall pay the cost of the services of such third party.

5. The Preamble forms an integral part of this Agreement.

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

7. This Agreement shall come into force upon the date of its execution by the Parties and shall terminate in accordance with paragraph 1 hereof.
SIGNATORIES

EN FOI DE QUOI, les Parties aux présentes ont signé la présente Entente a la date et a l'endroit ci-aprés indiqués.

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

Signée - Waskaganish (QUÉBEC), ce 7e jour de février 2002.

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

The CREE REGIONAL AUTHORITY

_____________________________________

par / by: Dr. Ted Moses, President / Chairman

HYDRO-QUÉBEC

_____________________________________________

par / by: Mr. André Caillé, Président-directeur général /

President and Chief Executive Officer

La SOCIÉTÉ D'ÉNERGIE DE LA BAIE JAMES

____________________________________________

par / by: Mr. Elie Saheb, Président-directeur général /

President and Chief Executive Officer