Download - Memorandum of Understanding - Wood Buffalo Métis

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    MCMURRAY ............::::-~ . .. .. Th M K M, . I METISI ,,...,,.,,..... f-ORTCHIPEWYAN ---.t e c ay et1s MEMORANDUM OF UNDERSTANDING

    To establish a foundation for cooperation, coordination, and collective action to pursue the advancement of the Metis people

    of the Regional Municipality of Wood Buffalo.

    BETWEEN

    FORT MCKAY METIS COMMUNITY ASSOCIATION Hereinafter referred to as "The M cKay Metis" and represented by The McKay Metis President

    or their designate.

    AND

    METIS NATION OF ALBERTA ASSOCIATION FORT MCMURRAY LOCAL COUNCIL 1935 Hereinafter referred to as "McMurray Metis" and represented by the McMurray Metis President

    or their designate.

    AND

    METIS NATION OF ALBERTA ASSOCIATION LOCAL COUNCIL #125 FORT CHIPEWYAN Hereinafter referred to as "Fort Chipewyan Metis Local 125" and represented by the Fort

    Chipewyan Metis Local 125 President or their designate.

    AND

    METIS NATION OF ALBERTA ASSOCIATION LOCAL COUNCIL #193 CONKLIN Hereinafter referred to as "Conklin Metis Local 193" and represented by the Conklin Metis Local

    193 President or their designate.

    Hereinafter jointly referred to as "Wood Buffalo Metis."

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  • Introduction WHEREAS Wood Buffalo Metis are key governing institutions of the Metis people within the Regional Municipa lity of Wood Buffalo.

    WHEREAS Wood Buffalo Metis represent rights-bearing historic and contemporary Metis communities that meet all the criteria set out by the Supreme Court of Canada in R. v. Powley.

    WHEREAS Wood Buffalo Metis form a part of a rights bearing regional community in northeastern Alberta along the terms outlined in R. v Laviolette.

    WHEREAS Wood Buffalo Metis share a vision of a strong Metis Nation embracing Metis rights.

    WHEREAS Wood Buffalo Metis share a mission to pursue the advancement of the Metis people of the Regional Municipality of Wood Buffalo.

    WHEREAS Wood Buffalo Metis share the following guiding principles: 1. A belief in the National definition of Metis; 2. Building our foundation for future generations; 3. Fairness and respect for all people; 4. The need to work in unity and harmony; 5. Metis participation_ in building our communities; 6. Encouraging and assisting Metis people to achieve their goals. 7. Honesty, integrity, and professionalism; 8. Achieving self-government; and 9. Ensuring Metis rights are asserted and defended as affirmed and recognized in Section 35 of

    the Constitution Act, 1982.

    WHEREAS Wood Buffalo Metis address business and economic issues in a separate ly governed Wood Buffalo Metis Corporation.

    WHEREAS Wood Buffalo Metis share a desire to cooperate, coordinate, and undertake collective action to pursue the advancement of Metis people with municipal, provincial, and federal governments, agencies, regulators, industry stakeholders, the courts, and the broader community.

    Therefore the parties agree as follows:

    Purpose 1. This Memorandum of Understanding establishes the administrative framework that will

    facilitate : a. Cooperation between the parties with respect to matters of common interest; b. Coordination on admin istrative measures with respect to addressing those matters

    outlined in the introduction; and

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  • c. Collective action by Wood Buffalo Metis where a consensus determines it is deemed appropriate.

    Principles 2. Wood Buffalo Metis recognizes institutional independence of the parties. Nothing in

    this MOU or any of its annexes will be interpreted in a manner that infringes, or could be reasonably seen to infringe, on institut ional independence. Wood Buffalo Metis wi ll take no actions that impinge, or could be reasonably seen to impinge, independence of the parties.

    3. Parties to MOU will only speak on behalf of 'Wood Buffalo Metis' when collective action is authorized by all persons occupying a position of a signatory to this MOU or their designates.

    4. Where appropriate, Wood Buffalo Metis agree to cooperate, coordinate, and/or undertake collective action on administrative measures regarding: a. The enhancement of administrative efficiency, while respecting the principles of

    fairness and natural justice; b. The sharing and integration of best practices developed within each organization; c. The provision of improved and cost-effective services; d. The establishment of effective lines of communication; and e. The assertion and defence of Metis rights.

    5. No.thing in this MOU precludes a party, or any combination of the parties, from cooperating, coordinating, or undertaking co llective action outside the auspices of Wood Buffalo Metis.

    Sharing of information 6. Wood Buffalo Metis agree to share, where appropriate, such information as is required to

    effectively cooperate, coordinate, and undertake collective action.

    7. Wood Buffalo Metis recognize that any sharing of information under this MOU must be carried out in accordance with any applicable legislation or policy requirements.

    Communication and consultation 8. Wood Buffalo Metis re cognizes that regular and timely commun ication and consultation are

    key elements in achieving the purposes of this MOU.

    9. Key areas for communication and consultation may include: a. Emerging trends, actual and projected workloads, workload priorities, and productivity

    issues insofar as these have an impact on Wood Buffalo Metis; b. Notification when there are changes in identified resource requirements with respect

    to issues of mutual interest or where Wood Buffalo Metis is unable to meet workload demand;

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  • c. Major initiatives, including legislative and regulatory proposals or proposed rule changes, policy proposals or new administrative procedures, that may have a meaningful impact on the administrative functioning of Wood Buffalo Metis; and

    d. Issues arising from any cost or service-sharing component of this MOU.

    10. Wood Buffalo Metis will endeavour to communicate and consult as appropriate, especially in relation to new initiatives or program changes w ith potential impacts to the parties.

    Leadership and Operations committee 11. Wood Buffalo Metis agrees to establish a leadership committee and operations committee

    to oversee the elements of this MOU, reso lve significant issues of interpretation or application arising from this MOU, and implement this MOU. Details regarding the composition of committees and meeting schedules are provided in Appendix A.

    12. A person occupying the position of a signatory to this MOU is an ex-officio member of any committee constituted under this MOU.

    Annexes 13. The Parties agree to negotiate annexes under this MOU w hich will be negotiated and

    interpreted in accordance with the principles of this MOU.

    14. Approved annexes w ill be identified in Appendix B, as amended from time to time. Additional subject areas for annexes may be identified in the future.

    15. Where an annex does not specify a consultation process, the consultation process set out in this MOU will apply to that annex as between the relevant Parties.

    16. The following designated officials for the parties have overall administrative responsibility for this MOU and its Appendices A and B.

    For Conklin Metis Local 193: Chief Executive Officer CRDAC Email : [email protected] Phone: 780-742-4552

    For Fort Chipewyan Metis Local 125: President Fort Chipewyan Metis Local 125 Email : [email protected] Phone: 780-697-3111

    For The McKay Metis: Chief Administrative Officer The McKay Metis Email : [email protected] Phone: 780-828-4401

    For McMurray Metis: General Manager McMurray Metis Email : [email protected] Phone: 780-743-2659

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  • Dispute resolution 17. Any disagreement with respect to this MOU that cannot be resolved through consu ltation

    between Wood Buffalo Metis w ill be referred to the Leadersh ip Committee for resolution. If those officials are not able to resolve the disagreement, it will be resolved by the persons occupying the positions of the signatories to this MOU.

    18. Where an annex or an ex isting sub-agreement does not specify a dispute resolution process, the dispute resolution process set out in this MOU will apply to that annex or existing sub-agreement as between the relevant parties.

    Financial arrangements

    19. Conklin Metis Local 193, Fort Chipewyan Metis Local 125, The McKay Metis, and McMurray Metis are responsible for their own costs associated with activities under this MOU, unless otherwise stated in a specific annex.

    Review

    20. Wood Buffalo Metis agree to review this MOU no later than two years from the date on which the MOU takes effect and every two years thereafter.

    Date in effect

    21. This MOU will come into effect on the date on which it is signed by the last of Conklin Metis Local 193, Fort Chipewyan Metis Local 125, The McKay Metis, and McMurray Metis and will remain in effect until it is terminated in accordance with the procedure set out in this MOU.

    22. It is understood that the signatories to this MOU will have the authorization of their respective Board or Local Council in the form of a board or local council motion accepting this MOU.

    Amendment 23. This MOU may be amended at any time, by mutual consent of Wood Buffalo Metis, through

    an exchange of correspondence between the persons occupying the positions of the signatories to this MOU.

    24. Where an annex or an existing sub-agreement does not specify an amending process, the process set out in this MOU will apply to that annex or existing sub-agreement as between Wood Buffalo Metis.

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  • Termination 25. This MOU may be terminated by mutual consent of the parties, through an exchange of

    correspondence between the persons occupying the positions of the signatories to this MOU.

    26. Conklin Metis Local 193, Fort Chipewyan Metis Local 125, The McKay Metis, or McMurray Metis may terminate their participation in this MOU by providing 90 days written notice to the other parties. Such notice will include a Board or Local Council motion authorizing the person occupying the position of a signatory to this MOU to terminate their participation .

    27. If Conklin Metis Local 193, Fort Chipewyan Metis Local 125, The McKay Metis, or McMurray Metis terminate their participation the MOU will remain in effect between the remaining parties.

    28. Where an annex or an existing sub-agreement does not specify a termination process, the process set out in this MOU will apply to that annex or existing sub-agreement as between the relevant parties.

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  • IN WITNESS THEREOF, this Memorandum of Understanding was signed in duplicate, each copy being equally authentic.

    FOR FORT CHIPEWYAN METIS LOCAL 125

    Fre~ President of Metis Nation of Alberta Association Local Council #125 Fort Chipewyan

    .d~ 1 ,2t? ;j -Date Signed

    FOR MCMURRAY METIS

    _A,,:;e 14~{ Gail Gallup~ President of Metis Nation of Alberta Association Fort McMurray Local Council 1935

    Date Signed /

    FOR THE MCKAY METIS

    President of The Fort McKay Metis Community Association

    Dat~(f.f 3fa; Wood Buffalo Metis

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  • APPENDIX A

    Leadership committee l. Wood Buffalo Metis agree to establish a leadership committee comprised of representatives of each party to

    oversee the elements of this MOU and resolve sign ificant issues of interpretation or application arising from it.

    2. The leadership committee shall be comprised of the following representatives:

    Conklin Metis Local 193 President or their designate CRDAC CEO or their designate

    Fort Chipewyan Metis Local 125: President or their designate President's designate

    McMurray Metis: President or their designate General Manager or their designate

    The McKay Metis: President or their designate CAO or their designate

    3. The leadership committee shall meet as required to address issues pertaining to this MOU, but at least three times per calendar year.

    4. All decisions made will be made by consensus.

    5. An agenda shall be provided for each meeting and minutes of each meeting taken.

    6. Representatives on the leadership committee are expected to report back to their boards and local councils.

    Operations committee 1. Wood Buffalo Metis agree to establish an operations committee comprised of representatives of each party to

    administer the implementation of MOU and direction of the Leadership committee.

    2. The operations committee shall be comprised of the following representatives:

    Conklin Metis Local 193 CRDAC CEO or their designate Designate of CRDAC CEO

    Fort Chipewyan Metis Local 125: President or their designate Designate of President

    McMurray M etis: General Manager or their designate Designate of General Manager

    The McKay Metis: CAO or their designate Designate of the CAO

    3. The operations committee shall meet as required to address issues pertaining to this MOU, but at least four times per calendar year between leadership committee meetings.

    4. All decisions made will be done so by consensus and where there is disagreement the decision will brought to the leadership committee for resolution.

    5. An agenda shall be provided five days in advance of each meeting and minutes of each meeting taken.

    6. Representatives on the operations committee are expected to report back to Leadership committee representatives.

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