Memorandum of Understanding for Cooperation on Addressing Climate Change

Between

HER MAJESTY THE QUEEN in Right of Canada as represented by the Minister of the Environment and the Minister of Natural Resources,

hereinafter called "Canada,"

of the First Part, and

HER MAJESTY THE QUEEN in Right of Newfoundland and Labrador as represented by the Minister of Environment and Conservation, the Minister of Natural Resources, and the Minister for Intergovernmental Affairs,

hereinafter called "Newfoundland and Labrador,"

of the Second Part,

hereinafter called "the Parties."

Preamble

Whereas,

The Parties recognize that climate change represents a global environmental and socio-economic issue of unprecedented scope;

Canada is a party to the 1992 United Nations Framework Convention on Climate Change and ratified the Kyoto Protocol on December 17, 2002;

The Parties recognize that given the global nature of climate change, a diversity of policies and measures will have to be implemented by all orders of government;

On November 21, 2002, Canada announced the Climate Change Plan for Canada;

On June 3, 2003, Newfoundland and Labrador released its Climate Change Discussion Paper which will form the basis of its action plan on climate change;

The Parties recognize the need to co-ordinate their respective efforts in developing and implementing policies and measures designed to address climate change;

Canada recognizes the efforts of Newfoundland and Labrador to meet its specific needs and policy objectives in addressing climate change; and

The Parties acknowledge the jurisdictional authorities of each of the Parties.

Strategic Objectives and General Framework for Cooperation

The Parties agree to:

1. pursue cooperation on addressing climate change within the context of sustainable development;
2. identify priority areas of cooperation to build partnerships to achieve cost-effective emission reductions;
3. consider opportunities for an Atlantic Canada regional approach to addressing climate change;
4. ensure consistency among their respective actions and initiatives to avoid duplication and to maximize synergies;
5. coordinate the efforts of all their departments involved in addressing climate change; and
6. pursue cooperation through new initiatives as well as building on existing initiatives.

To meet the above strategic objectives, the Parties agree to further coordinate their efforts on policies and measures to:

• reduce or prevent greenhouse gas emissions through measures such as energy management, conservation, energy efficiency, and alternative and renewable energy development;
• promote the development, demonstration and deployment of technologies addressing climate change;
• capitalize on opportunities for cost-effective economic development and job creation related to climate change;
• capitalize on opportunities to achieve other environmental and health co-benefits while addressing climate change;
• transfer climate change information, experience and technology;
• enhance carbon sinks, their measurement and monitoring;
• establish effective monitoring, reporting and review mechanisms for emissions reductions;
• increase public awareness and education to promote actions to reduce greenhouse gas emissions and adapt to climate change impact; and
• improve knowledge of the impacts of climate change and approaches to adaptation to climate change.

Priority Areas of Cooperation

The Parties agree to explore cooperation in the following priority areas:

1. The role that hydroelectricity projects in Newfoundland and Labrador, such as the development of the Lower Churchill, would contribute to achieving national and provincial climate change objectives;
2. Increase public awareness and education of climate change and impacts and adaptation and opportunities for reductions of greenhouse gas emissions;
3. Work to help facilitate Newfoundland and Labrador research and development on climate change impacts, vulnerabilities and adaptation strategies on priority issues including coastal and marine infrastructure, fisheries, forestry and aboriginal and northern communities;
4. Reduction of greenhouse gas emissions through increasing renewable/alternative energy development, including wind energy and through energy management and energy efficiency in government facilities and operations, from marine and land-based transportation sources, and in municipal planning and solid waste management; and
5. Planning, monitoring and reporting related to these priorities, as appropriate.

The Parties agree that the annexes may be developed that further outline the nature and scope of the cooperation in relation to the above-mentioned priority areas.

The Parties will identify the initiatives to be pursued on a bilateral basis and others in which it would be preferable to ask other jurisdictions to participate.

Provision of resources for specific initiatives will be determined on a case-by-case basis taking into consideration programs and priorities of the Parties.

Priority areas may be amended over time by mutual agreement of the Parties.

In addition to the above-mentioned priority areas, the Parties agree that infrastructure investments will play an important role in addressing climate change, and shall be taken into consideration in the development of cooperative activities.

Management of Memorandum of Understanding

Program experts from the Parties will explore the above-mentioned priority areas of cooperation and develop, as required, draft annexes to this Memorandum of Understanding.

Senior representatives of the Parties will examine the contents of these draft annexes and will agree on their final form as required.

Representatives of the Parties will meet on a regular basis, at least once per year, to review progress.

Communication

Parties agree to consider joint communication, where appropriate.

Amendment to Memorandum of Understanding

This Memorandum of Understanding may be amended with the mutual written consent of both Parties. Any amendment becomes part of this Memorandum of Understanding.

Language of Memorandum of Understanding

This Memorandum of Understanding is made in the English and French languages, and each version is equally valid.

Settlement of Disputes

Any disputes regarding the interpretation or implementation of this Memorandum of Understanding will be resolved only by consultation among the Parties and will not be referred to a tribunal or other third party for settlement.

Duration of Memorandum of Understanding

This Memorandum of Understanding will come into effect on April 29, 2005 and remain in force for a period of five years until April 29, 2010. Prior to termination of this Memorandum of Understanding, a decision will be made as to whether to renew this Memorandum of Understanding.

Either Party can terminate this Memorandum of Understanding with 90 days' notice. Best efforts to resolve issues are to be made by the Parties within this 90-day period.

SIGNED at St. John's, Newfoundland and Labrador this 29th day of April, 2005.

IN WITNESS WHEREOF, the duly authorized representatives of the Parties have signed this Memorandum of Understanding.

FOR CANADA

• Minister of Environment
• Minister of Natural Resources

FOR NEWFOUNDLAND AND LABRADOR

• Minister of Environment and Conservation
• Minister of Natural Resources
• Minister of Intergovernmental Affairs