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APPENDIX A BETWEEN: AND: AND: AND: AND: WHEREAS: B. Burrard Inlet supports important fish and wildlife habitats; C. Burrard Inlet has the potential to support enhanced outdoor
recreational opportunities in the public interest; D. The expansion of Canada's and British Columbia's international
trade and economies will require increasing use and expansion of industrial
and commercial facilities in and abutting Burrard Inlet; E. It is essential to provide the opportunity and capability
for industry to function and to expand to meet the growing needs of the
community of Canada; F. The Parties are committed to the principle of Sustainability,
and wish to achieve it through the continuation of a co-ordinated joint
action program known as the Burrard Inlet Environmental Action Program
(the "Program"). NOW THEREFORE: DEFINITIONS b) "Consensus" means lack of dissent among the
Party representatives; c) "Environmental Quality" means the quality of
the marine, land and air environments; d) "Fiscal Year" means the period beginning April
1 each year and ending March 31 the following year; e) "Sustainability" means the point at which economic,
environmental and social/cultural activities meet the needs of the present
generation without compromising the ability of future generations to meet
their own needs. PURPOSE OF THE MEMORANDUM PRIMARY OBJECTIVES a) Reduce existing contaminant discharges to Burrard Inlet; b) Control future discharges to Burrard Inlet to limit the
potential for adverse impacts to the environment; c) Pursue the protection and enhancement of habitat values
to the overall net benefit of the environment within Burrard Inlet; and d) Identify, where appropriate, measures to remediate existing
impacts within Burrard Inlet. 5. The Parties will co-ordinate: a) Water and land use planning; b) Environmental management; c) Project review; and d) Public communication, education and participation. GUIDING PRINCIPLES 7. The Parties recognise that the primary responsibility
for management of the Burrard Inlet rests with those agencies that currently
have management authority. While it is not intended to fetter these responsibilities,
the Parties, through co-operation and consensus, commit to seek "made
in the Burrard Inlet" solutions. 8. The Parties will work together to facilitate sustainability
by: a) Providing the opportunity for economic activity to meet
national, regional and local objectives; b) Maintaining and where practical improving Environmental
Quality in Burrard Inlet to ensure preservation of fisheries and wildlife
and to provide recreational opportunity where it is appropriate; c) Maintaining and where practical improving the productivity of fish and wildlife habitats; and d) Identifying and where practical enhancing the quality
and variety of recreational sites. 9. The Parties, in implementing the Program, will: a) Recognise the importance of Burrard Inlet as a major
economic and environmental resource in all planning and management activities,
and encourage compatibility between both foreshore and upland uses and
developments and the preservation of Environmental Quality in Burrard
Inlet; b) Support the principle of persons directly responsible
for pollution being responsible for its cleanup or cleanup costs; c) Develop consensus by ensuring broad consultation between
all Parties and proponents and while so doing providing avenues for active
public participation, and maintaining program flexibility. MANAGEMENT COMMITTEE 11. The representatives shall annually elect a Chair and
Vice Chair of the Management Committee for a term of one year each and
the Chair shall be rotated through the Parties. 12. The representatives shall appoint alternates to represent
them at meetings which they cannot attend and shall employ their best
efforts to ensure each Party is represented at all Management Committee
meetings. 13. The Management Committee shall be responsible for managing
the Program and directing and overseeing the administration of the annual
Work Plans, pursuant to the five-year Business Plan. This includes allocation
and determination of the manner in which funding will be spent. Management
Committee decisions respecting this paragraph will be made on the basis
of consensus. 14. The Management Committee's authorities, which may be
delegated, will include: a) Appointing appropriate administrative staffing for the
Program and providing for establishment of appropriate staff accommodation; b) Providing general direction for the operations and activities
of the Program; c) Establishing priorities for the Program and approving
the Five Year Business Plan and the annual Work Plan, their budgets and
any amendments thereto; d) Supporting, where practical and appropriate, the public being informed of and involved in the activities of the Program; e) Preparing and submitting an annual report to the Parties
on or before 30 June of each year identifying the accomplishments of the
past fiscal year; f) Issuing the annual report for public consumption; g) Facilitating co-operation and co-ordination of improved
management, including; h) Evaluating staff and contractor performance. i) Forming action teams or sub-committees with appropriate
membership to perform specific tasks or studies or provide expert advice
on specific subjects and the Management Committee will ensure the timely
performance of deliverables by such teams or sub-committees. 15. The Management Committee may be supported in its activities
by staff or contractors who will be responsible to that Committee. PUBLIC INVOLVEMENT FINANCES 18. Cost of the Program will be determined annually with
the approval of the annual Work Plan. 19. The total cost of the Program is not to exceed two million
dollars in a five year period. 20. Records of income and expenses for the Program will
be kept in a manner acceptable to the Program auditors. 21. The parties agree to appoint the Fraser River Harbour
Commission as banker for the Program and the Commission will issue invoices
quarterly, in advance, based on a yearly contribution of up to eighty
thousand dollars per Party. 22. Invoices are due and payable on receipt. The invoices
shall be paid within thirty (30) days, calculated from the date the invoice
is received. Invoices unpaid after forty-five (45) days shall be referred
to the Parties for resolution. Where applicable, simple interest will
accrue at the Bank Rate plus one and one quarter percent on any amount
which is overdue from the day such amount became overdue until the day
prior to the date of payment. 23. The Fraser River Harbour Commission will maintain adequate
documentation and records as banker and shall, upon request, make available
such documentation and records for examination by auditors of any of the
other Parties. 24. Each Party's obligation under this Memorandum is subject
to sufficient funds being available by each party and allocated by the
respective Parties. If sufficient funds are unavailable, the other Parties
must be advised by January 30 in the Fiscal Year prior to the funds being
required. 25. When any Party advises that some or all of its funds
for contribution are unavailable, then that Party will cease to be represented
on the Management Committee, unless otherwise agreed to by the other remaining
Parties. In that event, the Management Committee may decide the Parties
will either: a) Increase contributions to make up the shortfall; or b) Reduce the budget to reflect the shortfall. 26. The banker may make contributions on behalf of the Party,
subject to: a) The Party providing the banker with an agreement satisfactory
to the banker to reimburse the banker in the year following; and b) The Party agreeing to pay a mutually agreed upon rate
of interest to the banker. 27. Where a Party has withdrawn from this Memorandum they
shall request reinstatement by notifying all of the remaining Parties
no later than September 1, in the year prior. 28. Where there is a change in the number of Parties to
the Memorandum, or external funding is acquired, the base contribution,
referred to in Section 21 of this Memorandum, may be adjusted, with the
unanimous consent of the Parties, to reflect higher or lower contributions
by the Parties. 29. Each Party shall bear the entire costs of the salary
and travel expenses of its members on the Management Committee, any sub-committee
or task force and of employees assigned to tasks or activities carried
out under this Program and this Memorandum. 30. The Management Committee will name an Audit Committee
and auditor annually. DURATION 32. Any Party to this Memorandum may terminate its involvement, provided that the Party formally notifies the other Parties of its intent to withdraw from the Memorandum and that such notification is received at least one full fiscal year prior to the intended date of withdrawal. AMENDMENTS NOTICE REFERENCES MISCELLANEOUS 37. The Parties hereto agree to consistently pursue optimising
the efficiency and effectiveness of the Action Plan. 38. In this Memorandum, wherever the singular or masculine
is used it will be construed as if the plural or feminine or body corporate,
as the case may be, had been used where the context or the Parties hereto
so require. 39. This Memorandum shall not interfere in any way with
the legislative jurisdiction of any of the Parties, nor with the exercise
by any Party or its officials of any right, power or obligation under
any law, order or regulation. 40. The provisions contained herein are an expression of understanding and not to be construed as legally binding on the Parties. IN WITNESS WHEREOF the Parties hereto have executed this Memorandum.
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