A Canadian intergovernmental agreement is an agreement between the Government of Québec or one of its departments or government agencies and another government in Canada, one of its departments or government agencies, or a federal public agency (section 3.6.2).
The Minister responsible for Canadian Relations and the Canadian Francophonie oversees the negotiation of Canadian intergovernmental agreements and their implementation (section 3.7).
To be valid, all Canadian intergovernmental agreements must be approved by the Government and signed by the Minister responsible for Canadian Relations and the Canadian Francophonie (section 3.8).
To this end, the draft agreement must be submitted to the Cabinet, on recommendation of the sector minister and the Minister responsible for Canadian Relations and the Canadian Francophonie, and his approval must be confirmed by an Order in Council.
Under section 3.11 of Act M-30, no municipal or school body may, without the prior authorization of the Government, enter into any agreement with another government in Canada or one of its departments or government agencies, or with a federal public agency. Therefore, this municipal or school body must, in order to enter into such an agreement, obtain the authorization of the Government by way of an Order in Council.
Moreover, under section 3.12 of this statute, no Québec public agency may, without the prior written authorization of the Minister responsible for Canadian Relations and the Canadian Francophonie, enter into any agreement with another government in Canada or one of its departments or government agencies, or with a federal public agency.
This authorization takes the form of a ministerial order signed by the Minister responsible for Canadian Intergovernmental Affairs and is issued once a request has been made to this effect by the sector minister responsible for the file, accompanied by an opinion on the relevance of the draft agreement (section 3.12).
As well, the Minister responsible for Canadian Relations and the Canadian Francophonie may attach conditions as he determines to its authorization (section 3.12).
In all cases, failure to obtain the approval or authorization stipulated in Act M-30 (Order in Council or Ministerial Order) will render the agreement in question invalid or null and void.
According to section 3.6.2:
A government agency means a legal person or agency that, under its constituting Act, is empowered to make inquiries, issue permits or licences or make regulations for purposes other than its internal management, and if it is a legal person, is the mandatory or agent of the State or of another government in Canada or enjoys the rights and privileges of a mandatory or such an agent.
A Québec public agency means:
A municipal body means:
A school body means:
A federal public agency means:
Sectoral ministries are responsible for supporting organizations in their efforts to obtain authorization to conclude an agreement with the federal government or with a federal public agency.
Organizations must submit their request for authorization, on a timely basis, to the Québec ministry to which they report or from which they receive their primary funding from Québec public funds. Every request must include the complete draft agreement (with the sections to be completed and annexes duly filled out). For organizations that are not a municipality, a school service centre or a school board, a copy of their most recent available financial statements must also be included with the request.
Keep in mind that in accordance with the provisions of section II of the Act respecting the Ministère du Conseil exécutif, organizations are under the obligation to obtain an authorization prior to signing an agreement with the federal government or with a federal public agency. Failure to comply with these provisions will render the agreement null and void.
Municipal organizations, including municipalities, are asked to submit their request to the following email address: intergouvernemental@mamh.gouv.qc.ca
School-related organizations (service centres and school boards) are asked to submit their request to the following email address: relations.exterieures@education.gouv.qc.ca
Public organizations that wish to obtain the contact information of the ministry to which they need to submit their request, or to obtain more information, may contact: reseauURC@mce.gouv.qc.ca
