Agreement, Minister Fisheries Canada and Minister Fisheries Newfoundland, 1965
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THIS AGREEMENT made in duplicate this 16th. day of July A.D. 1965.
HER MAJESTY THE QUEEN in right of Canada represented therein by the Minister of Fisheries for Canada and hereinafter referred to as the “Minister”
OF THE ONE PART, AND
HER MAJESTY THE QUEEN in right of the Province of Newfoundland represented therein by the Minister of Fisheries for Newfoundland and hereinafter referred to as the “Province”
OF THE OTHER PART.
WHEREAS the Government of Canada and the Government of the Province of Newfoundland are agreed that it is desirable that a considerable number of householders in the Province should be enabled to remove from small settlements in outlying areas of the Province where opportunities for economic development are limited, to other communities more favoured within the Province, and
WHEREAS both Governments are agreed on a five year programme for resettlement, commencing with the fiscal year 1965-66 and the Provincial Government has approved legislation and the Government of Canada has agreed to assist in meeting the costs of such removal.
NOW THEREFORE THIS AGREEMENT WITNESSETH,
1. In this Agreement
(a) “Committee” means the Fisheries Household Resettlement Committee for Newfoundland.
(b) “Dwelling” means a structurally separate set of living quarters occupied by a single household, with a private entrance either from outside the building or from a common hall, lobby, vestibule or elsewhere but not through the living quarters of another, and does not include hotels, large lodging houses, hospitals, houses for the aged, and similar institutions or dwellings.
(c) “Household” means a unit comprised of
(i) a family including lodgers or employees,
(ii) two or more unrelated persons,
(iii) two or more families sharing one dwelling, or
(iv) one person living alone, a household shall be deemed to include the personal effects and possessions of any member thereof, or the stock in trade of any enterprise carried on by a member thereof
(d) “Householder” means a person or head of a group of persons forming one household,
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(e) “Eligible Householder”, for the purpose of assisting in the cost of removal, means:
(i) any householder living in a community which has received approval for removal assistance from the Committee or
(ii) a householder who moved from a community to an approved destination subsequent to March 31, 1965 and not more than 12 months in advance of the date at which removal assistance for that community was approved by the Committee.
2. The Minister and the Province conversant and agree that:
(a) the programme hereunder shall be known as the Newfoundland Fisheries Resettlement Programme,
(b) this Agreement shell be for a term of five successive fiscal years beginning April 1st., 1965 and terminating March 31st., 1970 and shall be in respect of any removal completed on or after the 1st. day of April, 1965.
(c) there shall be established for the duration of this Agreement a standing federal/provincial advisory committee to be known as the “Fisheries Household Resettlement Committee for Newfoundland”, to be comprised of representatives of the federal and provincial departments of Fisheries and such other federal and provincial departments or agencies as the Minister and the Province consider necessary for the overall control and direction of the pro-gramme. The Committee shall consist of fifteen members of which ten shell represent the Province and five the Minister; a quorum shall be seven comprising five representatives of the Province and two of the Minister.
(d) the Committee shall recommend on overall policies including review and approval of:
(i) applications from communities wishing to be resettled;
(ii) the selection of communities acceptable for the relocation of those who intend to continue fishing;
(iii) projected dates for the commencement of removals from communities selected for re-settlement;
(iv) administrative policies and procedures;
(v) action to be taken on problems or disputes arising out of the administration of the Programme.
(e) the Committee shall hold meetings at least once every quarter and at such other times as may be required to facilitate implementation of the Programme.
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(f) a permanent Chairman and Secretary shall be nominated by the Committee. The Secretary shall keep the minutes of meetings of the Committee and shall report and make available to the Province and to the Minister all documents read into the minutes or received for presentation before the Committee;
(g) for the purposes hereof the number of households and the number of dwellings shall be equal.
(h) the general terms and conditions herein may be amended or renegotiated by mutual consent of the parties having regard to the experience
gained through the administration of the Programme.
3. The Province covenants and agrees:
(a) to provide the necessary financial and administrative machinery to implement the Programme and shall issue Regulations governing its administration and procedures.
(b) to advance all monies required to cover expenses payable hereunder including the total of all grants recoverable from the Minister.
(c) to keep full records of accounts and actual costs together with such other records as may be required and to make them available to audit and inspection by the Minister, the Comptroller of the Treasury of the Government of Canada or by persons acting on their behalf, and to allow them to make copies thereof and to take extracts therefrom and to furnish them with any information which they may require from time to time in connection with such records.
(d) to record, investigate and certify all petitions received from settlements bearing the signatures of not less than ninety percent of the householders. In cases where the ninety percent requirement is, in the view of the Committee, impractical or imposes unfair or prejudicial treatment of the householders concerned, the petition shall be listed for discretionary consideration by the Province.
(e) to pay or credit to the account of each eligible householder the total of all monies received in his behalf from the Minister.
(f) to pay to each eligible householder upon completion of his resettlement, contributions as follows:
(i) a relocation grant of $200
(ii) a grant of $100 for each member of the household.
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(g) that all claims against the Minister shall be made in a form acceptable to the Minister and shall include supporting documents showing therein the name and address of each householder whose behalf claim is made, together with the name, age, occupation and relationship of each member of his household; the name of the community which he has left; the name of the community in which he has resettled; his occupation prior to resettlement and his intended occupation thereafter.
(h) that prior to the commencement of any resettlement project due regard will be had for the suitability of the communities designated by householders for resettlement.
(i) to take steps to publicize the Programme adequately.
(j) to reclaim all lands and buildings evacuated in the name of the Crown in the right of Newfound-land and to prohibit re-entry thereto; but where the buildings may be moved the costs thereof shall be borne by the individual.
(k) to report annually to the Minister on the results of the Programme.
4. The Minister covenants and agrees:
(a) in consideration of the expenditures and the
contributions advanced by the Province under Section 3(b)
To reimburse the Province;
(i) the amount expended for actual travel and removal expenses of households; but not to include the cost of replacement of real or immovable property;
(ii) the amounts in respect of each resettled household as follows; a basic resettlement grant of $400; a fisheries readjustment grant of 4200; a relocation grant of $200; a grant of 100 for each member of the household.
(b) that where resettlement of the householders in a community has been approved by the Committee and notwithstanding the proportion of the householders resettled, the Province will be reimbursed quarterly in accordance with paragraph (a).
(c) to provide in an advisory capacity when available the services of professional and technical personnel of the Government of Canada who may be helpful to the Province in carrying out undertakings hereunder.
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5. This Agreement and everything herein mentioned shall enure to the benefit of, and be binding upon, the parties hereto and their successors.
IN WITNESS WHEREOF the parties hereto have set their hands and seals.
SIGNED, SEALED AND DELIVERED
in the presence of
Signed:- A. W. Needler ) H. J. Robichaud
Witness ) Minister of Fisheries for Canada
Signed: - V. M. Gosse ) C. Max Lane
Minister of Fisheries for Newfoundland