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MEMORANDUM OF UNDERSTANDING
RESPECTING THE IMPLEMENTATION OF CANADA'S OCEANS STRATEGY ON THE PACIFIC COAST OF CANADA
The attached Memorandum of Understanding respecting the implementation
of Canada’s Oceans Strategy on the Pacific Coast of Canada was signed on
this date on behalf of the Government of Canada and the Government of British
Columbia (the “Parties”).
________ ____, 2004.
FOR CANADA:
________________________
Minister
Department of Fisheries
and Oceans
FOR BRITISH COLUMBIA:
________________________
Minister
Ministry of Agriculture, Food and Fisheries
WHEREAS:
- Canada’s Oceans Strategy is the national policy statement released
by Canada in July 2002 that sets out a policy framework and strategic direction
for the management of estuarine, coastal and marine ecosystems pursuant to
the Oceans Act, which authorizes the Minister of Fisheries and Oceans to
lead and facilitate the development and implementation of a national strategy
for the management of estuarine, coastal and marine ecosystems.
- Canada and British Columbia are actively cooperating in the implementation
of Canada’s Oceans Strategy through the Oceans Task Group of the Canadian
Council of Fisheries and Aquaculture Ministers (“CCFAM”), and
the Pacific Council of Fisheries and Aquaculture Ministers (“PCFAM”).
- British Columbia has placed a priority on marine protected areas, coastal
and marine planning, information management, state of the oceans reporting
systems, sustainable aquaculture development, and responsible offshore oil
and gas development.
- Canada has placed a priority on a marine protected areas
framework, on coastal and oceans management planning, and sustainable ocean
industries.
NOW THEREFORE Canada and British Columbia (the "Parties") have reached
the following understanding:
1.0 PURPOSE
- 1.1
- The purpose of this Memorandum of Understanding is to provide for further
collaboration among the Parties to advance the implementation of specific activities
and objectives identified in Canada’s Oceans Strategy aimed at “Understanding
and Protecting the Marine Environment” and “Supporting Sustainable
Economic Opportunities” on the Pacific coast of Canada.
2.0 IMPLEMENTATION
- 2.1
- The Parties agree to develop subsidiary memoranda of understanding or
agreements on the following:
- (a)
- a marine protected areas framework for the Pacific coast that will
aim for the coordinated establishment of marine protected areas. Development
of this subsidiary memorandum of understanding will be led by the Department
of Fisheries and Oceans and the Ministry of Sustainable Resources Management
in cooperation with Environment Canada, Parks Canada, and Natural Resources
Canada. It will outline appropriate mechanisms, processes and structures
to coordinate the review and establishment of new marine protected areas,
and will include an assessment of existing federal and provincial marine
protected areas;
- (b)
- the roles and responsibilities of the Parties in coastal planning and
integrated oceans management planning and a method by which they will collaborate
in undertaking their respective responsibilities. Development of this subsidiary
memorandum of understanding will be led by the Department of Fisheries and
Oceans and the Ministry of Sustainable Resource Management in cooperation
with Environment Canada, Parks Canada, and Natural Resources Canada, and
will ensure both federal and provincial planning and management processes
adequately consider sustainable development and the involvement of First
Nations;
- (c)
- the cooperative development of an integrated ocean information management
system to support science based decision-making and sustainable development.
Development of this subsidiary memorandum of understanding or agreement will
be led by the Department of Fisheries and Oceans and the Ministry of Sustainable
Resource Management. It will address information requirements, information
standards, warehousing and access to information by government and non-government
users;
- (d)
- The cooperative development of indicators for oceans management, state
of the environment and sustainability reports, including environmental, social
and economic indicators for the Pacific coast of Canada. Development of this
subsidiary memorandum of understanding will be led by the Department of Fisheries
and Oceans and the Ministry of Water, Land and Air Protection in cooperation
with Environment Canada, Parks Canada, and Natural Resources Canada and may
involve collaboration relating to information exchange and integration of
indicators respecting the health of the marine environment and associated
ecosystems, social, cultural and economic aspects that play a role in sustainable
coastal development;
- (e)
- the streamlining and harmonization of federal and provincial regulatory
decision-making processes for shellfish and finfish aquaculture. Development
of this subsidiary memorandum of understanding or agreement will be led by
the Department of Fisheries and Oceans and the Ministry of Agriculture, Food
and Fisheries with LWBC;
- (f)
- the establishment of a process to facilitate gathering and sharing of information,
including scientific or technical, related to offshore oil and gas resources.
Development of this subsidiary memorandum of understanding or agreement will
be led by the Department of Natural Resources and the British Columbia Offshore
Oil and Gas Team in cooperation with the Department of Fisheries and Oceans,
Environment Canada, Parks Canada; and
- (g)
- other matters that may be identified for future collaboration and negotiation.
- 2.2
- The Parties intend that the lead federal and provincial departments, ministries
and agencies identified in section 2.1 will engage and coordinate the participation
of other federal and provincial departments, ministries and agencies in the
development of the subsidiary memoranda of understanding or agreements, as
required.
- 2.3
- The Parties also intend that all of the subsidiary memoranda of understanding
or agreements referred to in section 2.1 will address the need to undertake
consultations with relevant federal and provincial departments, ministries
and agencies, First Nations, local governments, local communities and interest
groups, as may be required in order to develop and implement the provisions
of those memoranda of understanding or agreements.
- 2.4
- The Parties and implementing departments and agencies will make every effort
to conclude the subsidiary memoranda of understanding referred or agreements
to in section 2.1 within twelve months of the date of this Memorandum of
Understanding.
3.0 EFFECT AND INTERPRETATION
- 3.1
- This Memorandum of Understanding is an expression of the mutual intentions
of the Parties and is not legally binding on them or enforceable against
them.
- 3.2
- This Memorandum of Understanding may be amended through the mutual,
written consent of the Parties. When amendment is for the addition of new
subsidiary memoranda of understanding or agreements, the amendment may include
the addition of new implementing departments and agencies.
- 3.3
- Nothing in this Memorandum of Understanding will be construed to
be prejudicial to the interests of the Parties concerning ownership or jurisdiction
of coastal and marine areas and the seabed.
4.0 PROCESS MANAGEMENT
- 4.1
- For the purposes of management oversight, the British Columbia Minister
of Agriculture, Food and Fisheries and the Federal Minister of Fisheries
and Oceans are designated as the ministerial champions for this Memorandum
of Understanding.
- 4.2
- The implementing federal and provincial departments, ministries and agencies
(Annex 1) will meet regularly (at least four times per year) to review progress,
provide necessary direction, ensure coordination and harmonization of initiatives,
and resolve issues or concerns.
- 4.3
- Regular progress reports on the negotiation and implementation of the agreements
or memoranda of understanding referred to in section 1.1 will be prepared
and submitted to the PCFAM.
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- Annex 1:
- Mandate and Commitment of Implementing Federal and Provincial Departments,
Ministries and Agencies
The undersigned representatives of federal and provincial departments, ministries
and agencies commit to implementation of the Memorandum of Understanding Respecting
the Implementation of Canada’s Oceans Strategy on the Pacific coast of
Canada, dated, August 2004.
- The Department of Fisheries and Oceans is the lead federal agency responsible
for the implementation of the Oceans Act and Canada’s Oceans Strategy
in collaboration with other federal departments and agencies, with provincial
and territorial governments, and all other affected parties. The Department
of Fisheries and Oceans is also responsible for the implementation of the
Fisheries Act.
________________________
Deputy Minister
Department of Fisheries and Oceans
- The Parks Canada Agency, in accordance with the Canada National Marine
Conservation Areas Act, is responsible for establishment of national marine
conservation areas and national marine conservation area reserves on the
Pacific coast of Canada, in cooperation with the Department of Fisheries
and Oceans, other federal departments and agencies, and with provinces and
territories.
________________________
Chief Executive Officer
Parks Canada Agency
- The Department of Environment is the lead federal agency responsible
for the implementation of the Canada Wildlife Act, the Migratory
Birds Convention Act, and the Species at Risk Act respecting wildlife and wildlife habitat,
for the administration and enforcement of the Canadian Environmental
Protection Act, and the pollution provisions of the Fisheries Act, and for meteorology.
________________________
Deputy Minister
Department of Environment
- The Department of Natural Resources is the federal agency with responsibility
for regulation of oil and gas resources in relation to frontier lands in
offshore British Columbia.
________________________
Deputy Minister
Department of Natural Resources
- The Ministry of Agriculture, Food and Fisheries is the lead provincial
agency responsible for aquaculture and marine fisheries and it has a mandate
to foster a competitive, economically viable and environmentally responsible
aquaculture and fisheries industry in the Province of British Columbia.
________________________
Deputy Minister
Ministry of Agriculture, Food and Fisheries
- The Ministry of Sustainable Resource Management is the lead provincial
agency responsible for planning, policies and resource information in support
of the sustainable economic development of Crown land, water and resources
in the Province of British Columbia.
________________________
Deputy Minister
Ministry of Sustainable Resource Management
- The Minister of Sustainable Resource Management has delegated certain
powers to Land and Water British Columbia Inc (“LWBC”) to make
dispositions of provincial Crown land, foreshore and aquatic land under the
Land Act.
________________________
President and Chief Executive Officer
Land and Water British Columbia Inc.
- The Ministry of Water, Land and Air Protection is the lead provincial
agency responsible for providing: environmental stewardship and protection
of water, land, and air quality; environmental monitoring and reporting;
and parks and protected areas management in a manner that contributes to
a sustainable environment, healthy communities, recreational opportunities,
and a strong, vibrant provincial economy.
________________________
Deputy Minister
Ministry of Water, Land and Air Protection
- The Ministry of Energy and Mines (through the British Columbia Offshore
Oil and Gas Team) is the lead provincial agency with responsibility for the
development of offshore oil and gas resources in relation to frontier lands
in offshore British Columbia.
________________________
Deputy Minister
British Columbia Offshore Oil and Gas Team
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