O-5.01, r. 1 - Agreement between the Gouvernement du Québec and the Government of the French Republic respecting the Office franco-québécois pour la jeunesse

Schedule Disposition versions

2013-10-01

AGREEMENT BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE FRENCH REPUBLIC RESPECTING THE OFFICE FRANCO-QUÉBÉCOIS POUR LA JEUNESSE

THE GOUVERNEMENT DU QUÉBEC

AND

THE GOVERNMENT OF THE FRENCH REPUBLIC,

pursuant to the Franco-Québec agreement of 27 February 1965 on a program of exchange and cooperation in the field of education,

have agreed as follows:

TITLE I

DENOMINATION AND OBJECT

Article 1

This Agreement governs the Office franco-québécois pour la jeunesse.

The Office shall have juridical personality and shall enjoy autonomy in its management and administration in Québec and in France.

TITLE II

MISSION

Article 2

The action of the Office is part of Franco-Québec cooperation. The mission of the Office is to develop relations between the youth of Québec and the youth of France. It encourages extending these relations to the Francophonie at large and contributes to its promotion.

The Office is a hub for skills and expertise that contributes to the youth policies pursued by the two governments. To that effect, it encourages international mobility for youth by implementing programs that increase their employability and their capacity for entrepreneurship.

It can advise, accompany or mediate between territorial communities as well as between civil society actors. It may also undertake Franco-Québec cooperation activities involving other countries or international organizations.

TITLE III

SECTIONS AND MEANS OF ACTION

Article 3

The Office shall be composed of two sections, a Québec section and a French section, each with a separate fund.

Each section shall be responsible for administering its budget and the implementation of its programs.

The sections shall apply the laws in force in their respective territories for all matters not covered by this Agreement.

Article 4

Subject to the budgetary rules applicable and according to the terms and conditions determined by both governments, the appropriations necessary for the activities of the Office shall be paid into the fund of each section each year.

Each section shall receive government contributions determined by each of the governments to finance the activities approved by the Board of Directors. The Office is empowered to receive any other funds and in particular payments that may be made by beneficiaries of the activities organized by it.

Article 5

The participation of the Office shall usually take the form of cash grants and, exceptionally, grants in kind to natural or legal persons. It may also grant bursaries within the framework of programs established by it and may also itself carry on cooperative and exchange activities.

TITLE IV

BOARD OF DIRECTORS

Article 6

The Office shall be administered by a Board of Directors composed of:

(a) The two ministers designated respectively by the Gouvernement du Québec and the Government of the French Republic or their representatives, who are the co-chairs;

(b) Eight Québec members and eight French members designated respectively by the Gouvernement du Québec and the Government of the French Republic. Both parties designate four members representing the government and four members representing civil society. At least two of the eight directors appointed by each party must be 35 years of age or less at the time they are appointed.

Both parties shall designate in the same manner between four and eight substitute members who partake in Board of Directors meetings, in case the regular members cannot attend.

The term of office of the members shall be four years.

The members may be removed for serious cause, on the advice of the Board of Directors, by the government which appointed them.

When a member resigns the position for which he or she was appointed to the Board of Directors, a replacement shall be appointed for the remainder of the term.

The members of the Board of Directors shall serve gratuitously. Only travel and mission expenses resulting from the Board of Director’s mandate shall be covered.

Article 7

The Board of Directors shall sit alternately in Québec and in France.

Article 8

The Board of Directors shall meet at least once each year, and also whenever the ministers who chair the meetings unanimously agree that it is necessary.

Article 9

The quorum required for the validity of deliberations of the Board of Directors shall be 2/3 of the members. Failing such quorum, the co-chairs shall call another meeting of the Board within 30 days; the Board shall then deliberate whether or not there is a quorum.

Article 10

Decisions by the Board of Directors shall be made by a majority of 3/4 of the members present.

TITLE V

POWERS OF THE BOARD OF DIRECTORS

Article 11

The Board of Directors is vested with the powers necessary to carry out the Office’s mission.

The Board shall:

— Define the strategic main lines of the Office and the orientations resulting of the annual program, and ensure, within that framework, that a significant number of actions involving both sections are taken;

— Approve the budget of the Office after section boards have sent their respective budgets;

— Ensure proper management of appropriations according to budgetary rules applicable and according to the terms and conditions determined by both governments;

— Approve the Office’s annual report containing the audited financial report and activities report for each section, forwarded by each section’s respective Board;

— Adopt any report it has requested;

— Ensure that each section Board takes all appropriate measures for the proper functioning of the sections;

— Ensure that the activities of the Office are evaluated regularly;

— Adopt by-laws that set out the terms and conditions for the application of this Agreement;

— After examining the reports from the external auditor and any observations by the secretaries general, discharge the secretaries general of liability respecting their management during the previous fiscal year;

— Propose to both governments any amendment to this Agreement it considers appropriate.

TITLE VI

SECTION BOARDS

Article 12

The members of the Board of Directors appointed by each Party shall make up, for that Party, the section Board. Each section Board shall be chaired by the minister designated by that Party or by his or her representative.

Article 13

Each section Board shall:

— Adopt the programs developed by the secretary general of the section resulting from the orientations established by the Board of Directors;

— Adopt the budget for its section as well as the budget forecasts and revisions, the plan of activities for the period it considers appropriate and the section’s annual report containing the audited financial report and activities report for the section, and ensure that the documents are forwarded to the Board of Directors;

— Determine the start date of its section’s fiscal year and inform the Board of Directors.

TITLE VII

SECRETARIES GENERAL

Article 14

The Office shall be headed by two secretaries general; one from Québec and one French. Each secretary general shall be appointed pursuant to the regulations adopted by the Party concerned, following approval by the other Party. The term of office of secretaries general shall be four years. Once their mandate has expired, they shall remain in office until replaced or reappointed.

Article 15

The secretaries general shall represent the Office. They shall:

— Prepare each section’s budget and present it to their section Board and to the Board of Directors;

— Create programs resulting from the orientations established by the Board of Directors;

— Prepare Board of Directors meetings and those of the section Board to which they belong;

— Present all reports to the Board of Directors or the section Board;

— See to the execution of decisions made by the Board of Directors and the section Board to which they belong;

— Ensure proper management of the budget;

— Manage personnel in their respective sections by applying the laws in force in their territory;

— Prepare the agenda for any meeting of the Board of Directors and section Board, as well as any records of decisions made during such meetings;

— Complete any mandate received by the Board of Directors or the section Board;

— Ensure the smooth operation of their section.

TITRE VIII

SPECIAL PROVISIONS

Article 16

Every year, the Office shall designate a common external auditor who shall be mandated to audit the use of appropriations by each of the sections and to report to the Board of Directors, after having presented a report to each of the section Boards.

Article 17

The two governments may make any amendment to this Agreement, on their own initiative or as proposed by the Board of Directors.

Article 18

The two Parties shall notify each other upon completion of the required internal procedures regarding the coming into force of this Agreement, which shall take effect on the first day of the month following receipt of the second notification.

Article 19

This Agreement replaces the Protocol between the Gouvernement du Québec and the Government of the French Republic concerning the Office franco-québécois pour la jeunesse, signed on May 23, 2003, which replaced the protocol adopted on February 9, 1968.

Signed at Québec, on 8 December 2011, in duplicate original French copies

FOR THE GOUVERNEMENT FOR THE GOVERNMENT

DU QUÉBEC OF THE FRENCH REPUBLIC

________________________________________ ________________________________________

MONIQUE GAGNON-TREMBLAY JEANNETTE BOUGRAB

Minister of International Secretary of State for Youth

Relations and Minister and Community Life

responsible for

La Francophonie

O.C. 915-2013, Sch.