Pan Canadian Schools/Cancopy Copyright Licence Agreement 1999-2004, Schedule "D" Manitoba Section Specific Interpretative Rules and Provisions for Ministers (1999-2004)

Agreement Articles 1-6
Agreement Articles 7-17

Article 1.1(f): Recitals

With respect to the Manitoba Minister, this Licence recites the following circumstances:

The Manitoba Minister has authority to enter into this Licence with CANCOPY under The Education Administration Act (C.C.S.M. c. E10; R.S.M. 1987, c. E10), as amended or replaced from time to time.

Article 2.1(i): Definition of "Educational Institution"

In respect of the Manitoba Minister the expression "Educational Institution" means any institution providing primary, elementary, or secondary school programming and operated under the authority of a School Board (as listed in that part of Schedule "A" which relates to the Province of Manitoba) or under the authority of the Manitoba Minister, including:

1. all schools and educational institutions in the school divisions, school districts and special revenue districts under The Public Schools Act (C.C.S.M. c. P250; R.S.M. 1987, c.250), as amended or replaced from time to time;

2. all private schools receiving support or grants under The Public Schools Act as amended from time to time (listed in that part of Schedule "A" which relates to the Province of Manitoba); and

3. all institutional schools that receive support or grants from the Government of Manitoba, as amended or replaced from time to time (listed in that part of Schedule "A" which relates to the Province of Manitoba).

Article 2.6: Governing Law

The interpretation and application of this Licence as between CANCOPY and the Manitoba Minister shall be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein.

Article 7.7: Taxes

The Manitoba Minister certifies that:

a. the services and materials provided under this Licence are being purchased on behalf of the Province of Manitoba and therefore are not subject to the provisions relating to the taxation of Goods and Services in the Excise Tax Act (Canada); and

b. provincial sales tax is not payable in respect of the provision of such materials and services.

Article 7.9: Appropriations

Notwithstanding any other provision of this Licence:

a. any payment by the Manitoba Minister to CANCOPY under this Licence is subject to and conditional upon the legislature of the Province of Manitoba duly appropriating the funds payable by the Manitoba Minister in the fiscal year in which they are required; and

b. in the event that the legislature of the Province of Manitoba does not appropriate the funds payable by the Manitoba Minister, this Licence shall, insofar as it applies to the Manitoba Minister, be terminated as of the end of the period in respect of which the Manitoba Minister has met his or her obligations set out in Articles 7.1(b) to (e).

Article 15.2: Arbitration

For the purposes of Article 15.2, any arbitration in respect of a dispute originating as between CANCOPY and the Manitoba Minister shall be conducted in accordance with The Arbitrations Act, (C.C.S.M. c.A120; R.S.M. 1997, c.4), as amended from time to time.

Agreement Articles 1-6
Agreement Articles 7-17

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