IMC Chairperson

 

Laren Bill B.A. (Adv.) M.N.R.M. 

Implementation Monitoring Committee

Suite 325 - 200 Alpine Way
Swan Lake First Nation 8A
Headingley, MB
R4H 0B7

Tel: 204-944-8772

Fax: 204-944-8715 

 

Roles and Responsibilities of the IMC Chairperson

Part VI - Article 34 - Section 34.09 - Subsections (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) of the 1997 Manitoba Framework Agreement (MFA) :

34.09 Responsibilities of Chairperson

The members of the Implementation Monitoring Committee representing the Treaty Land Entitlement Committee of Manitoba Inc., Canada and Manitoba shall consider the availability of persons resident in Manitoba that may have the appropriate qualifications and experience to undertake and effectively discharge the responsibilities of the Chairperson and shall, within 90 days of the Date of Execution or such longer period as the parties may agree, recommend to the Senior Advisory Committee (SAC) a person to be appointed Chairperson.

The independent Chairperson will be responsible for the general administration of the Implementation Monitoring Committee (IMC) and the IMC office.

In order to facilitate the resolution of issue or matters in dispute, the Independent Chairperson may:

(1) In addition to the specific and other responsibilities of the Chairperson set out in Article 34 and Articles 35 and 36 of the MFA, the Chairperson will be responsible for the general administration of the Implementation Monitoring Committee including:

(a) calling meetings of the Implementation Monitoring Committee

(b) chairing all meetings of the Implementation Monitoring Committee;

(c) ensuring that written minutes and records are kept of:

(i) meetings and decisions of the Implementation Monitoring Committee;

(ii) decisions and notices of the Senior Advisory Committee;

(iii) decisions and Awards of Adjudicators; and

(iv) all other information necessary to complete the annual reports

(d) distributing the minutes of the Implementation Monitoring Committee to the members of the Implementation Monitoring Committee on a timely basis;

(e) recommending a budget of the estimated costs of the operation of the Implementation Monitoring Committee in each fiscal year;

(f) submitting to each of the parties an invoice for the reasonable costs incurred by the Implementation Monitoring Committee or the Chairperson in each month, including receipts and supporting documents as the parties may reasonably request;

(g) maintaining records of all costs incurred by the Implementation Monitoring Committee and the Chairperson and the preparing of the annual financial statements;

(h) ensuring timely payment of the expenditures of the Implementation Monitoring Committee upon the receipt of payment from parties; and

(i) if directed by the parties, engaging an independent auditor to complete an audit of the financial affairs of the Implementation Monitoring Committee.

(2) The Chairperson shall call a meeting of the Implementation Monitoring Committee:

(a) at least once every three months; and

(b) at the request of at least two members of the Implementation Monitoring Committee representing at least two of the parties.

(3) A meeting of the Implementation Monitoring Committee shall be called by the Chairperson upon at least 14 days notice in writing to the members of the Implementation Monitoring Committee or upon a lesser period of notice where all members are in agreement.

(4) The Chairperson will assist the Implementation Monitoring Committee in determining the sufficiency of information relating to the implementation of the Agreement and any Treaty Entitlement Agreement provided to the Implementation Monitoring Committee, and, if necessary, may request any of the members of the Implementation Monitoring Committee to take steps the Chairperson deems appropriate to ensure the sufficiency of that information.

(5) In order to facilitate the resolution of issues or matters in dispute, the Chairperson may:

(a) propose time periods for the parties to respond to an issue or matter in dispute;

(b) direct any member to submit to the Implementation Monitoring Committee a report about any issue or matter in dispute and propose solutions to that issue or matter in dispute within a time period identified by the Chairperson;

(c) identify strengths and weaknesses of proposed solutions to an issue or matter in dispute;

(d) direct the members of the Implementation Monitoring Committee to assist in resolving an issue or matter in dispute by consensus; and

(e) propose solutions to an issue or matter in dispute.

(6) Where the Implementation Monitoring Committee makes a decision on a means to resolve an issue or matter in dispute, the Chairperson will record the decision in the minutes or records of the Implementation Monitoring Committee and provide notice of the decision to the parties and any Entitlement First Nation specifically affected by the issue or matter in dispute.

(7) Where the Chairperson determines that the Implementation Monitoring Committee is unable to make a decision on a means to resolve an issue or matter in dispute, the Chairperson will record in the minutes or records of the Implementation Monitoring Committee:

(a) that the Implementation Monitoring Committee has not been able to resolve the issue or matter in dispute;

(b) any means recommended by the Chairperson to resolve the issue or matter in dispute for the consideration of the members of the Implementation Monitoring Committee and any direction to the members to consider the recommendation within a specified time period; and

(c) any response by the members of the Implementation Monitoring Committee to a recommendation of the Chairperson made in accordance with (b).

(8) Where an issue or matter in dispute is not resolved by the Implementation Monitoring Committee, the Chairperson, on behalf of the Implementation Monitoring Committee, will refer the issue or matter in dispute to the Senior Advisory Committee.

(9) The Chairperson may, when referring a matter to the Senior Advisory Committee on behalf of the Implementation Monitoring Committee in accordance with (8), set out in writing to the Senior Advisory Committee:

(a) any means recommended by the Chairperson for resolving the issue or matter in dispute made in accordance with

(7)(b); (b) any response of the members of the Implementation Monitoring Committee provided in accordance with (7)(c); and (c) his or her recommendation on the proposed time period within which the Senior Advisory Committee should attempt to resolve the issue or matter in dispute.

(10) The Chairperson:

(a) may request and receive recommendations from any of the members of the Implementation Monitoring Committee concerning any aspect of implementation of this Agreement and any Treaty Entitlement Agreement;

(b) will, on behalf of the Implementation Monitoring Committee, provide to the President of the TLE Committee, the Minister of Indian Affairs and Northern Development of Canada and the Minister of Northern Affairs of Manitoba an annual written report including:

(i) a summary of the progress of implementation of this Agreement and any Treaty Entitlement Agreement;

(ii) the recommendations of the Implementation Monitoring Committee for the improvement of the implementation of this Agreement and any Treaty Entitlement Agreement;

(iii) a summary of the issues or matters in dispute which have been resolved during the reporting period;

(iv) a summary of the issues or matters in dispute still outstanding at the end of the reporting period; and

(v) recommendations for improvement of the implementation of this Agreement and any Treaty Entitlement Agreement;

(c) may, on behalf of the Implementation Monitoring Committee, provide to the President of the TLE Committee, the Minister of Indian Affairs and Northern Development of Canada and the Minister of Northern Affairs of Manitoba other reports from time to time as the Chairperson deems appropriate; and

(d) will, on behalf of the Implementation Monitoring Committee, provide to the President of the TLE Committee, the Minister of Indian Affairs and Northern Development of Canada and the Minister of Northern Affairs of Manitoba an unaudited annual financial statement including:

(i) all funds received by the Implementation Monitoring Committee from the parties during the fiscal year;

(ii) a statement of how those funds were disbursed; and

(iii) a statement of all contributions in kind to the costs of the Implementation Monitoring Committee.

(11) The first annual report of the Chairperson referred to in (10)(b) and the first annual financial statement referred to in (10)(d) shall be delivered on or before June 30, 1998 and subsequent annual reports and annual financial statements shall be delivered on or before June 30 of each year thereafter during the period the Implementation Monitoring Committee exists in accordance with Subsection 34.01(2) of the MFA.