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APPENDIX
B BETWEEN: AND: AND: AND: AND: AND: WHEREAS: B.
The Fraser River Estuary supports extensive wildlife populations, being
an internationally important staging area along the Pacific migratory
bird flyway; C.
The Fraser River estuary contains important infrastructure, supporting
substantial economic activity. 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 the Estuary; D.
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; E.
Continuing urban and industrial expansion of Metropolitan Vancouver is
impinging extensively on the health and productivity of the Estuary; F.
There is a public desire and expectation to preserve green areas, and
to provide and enhance outdoor recreational opportunities. G.
Human activities, conducted without recognition of environmental potentials,
could severely constrain the natural productivity of the Fraser River
Estuary; H.
The Parties to the Memorandum have developed the vision of a “Living
Working River”, which recognizes that human activities can function
in harmony with the Estuary’s natural systems; I.
A shared and clear vision for the future will help reduce conflicts over
use of the Estuary and will ensure resource users are working in the same
direction, toward sustainability. J.
The Parties believe that cooperation, dialogue and consensus will lead
to more effective resource management; NOW
THEREFORE: DEFINITIONS: a)
“Consensus” means a lack of dissent among the Party representatives; b) “Estuary Management Plan” means the vision, goals and action programs contained in the document entitled “A Living Working River”; c)
“Environmental Quality” means the quality of the aquatic, land
and air environment; d)
“Fraser River Estuary” or “Estuary” means in general,
the land and water outside the dikes and between Kanaka Creek and the
outlet of Pitt Lake in the East, the estuary drop-off in the West, Point
Grey to the North, and the international boundary to the South, including
Boundary Bay and Semiahmoo Bay; e)
“Fiscal year” means the period beginning April 1 each year and
ending March 31, the following year; f)
“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 THIS MEMORANDUM: PRIMARY
OBJECTIVES a)
Conserve and enhance the environmental quality of the river and estuary
to sustain healthy fish, wildlife, plants and people; b)
Respect and further the estuary’s role as the social, cultural, recreational
and economic heart of the region; c)
Encourage human activities and economic development that protect and enhance
the environmental quality of the estuary. 5.
The Parties, in implementing the Estuary Management Plan will coordinate; a)
Water and land use planning; b)
Environmental quality management; c)
Project review; and d)
Public communication, education and participation. GUIDING
PRINCIPLES: 7.
The Parties recognize that the primary responsibility for management of
the Estuary rests with those agencies that currently have management authority.
While it is not intended to fetter these responsibilities, the Parties,
through cooperation and consensus, commit to seek “made in the Estuary”
solutions. 8.
The Parties, in the implementation of the Estuary Management Plan will
strive to; a)
Keep the estuary healthy; b)
Conserve and enhance the natural habitat; c)
Encourage multiple uses within the estuary; d)
Promote integrated decision making; e)
Establish and maintain informed management processes; f)
Promote and employ consensus based decision making; g)
Provide equitable access to the estuary; h)
Establish and maintain accountable management processes; i)
Develop active partnerships with the public in management activities. 9.
The Parties, in working together to facilitate sustainability, will; a)
Recognize the importance of the estuary as a major economic and environmental
resource, and will encourage compatibility between both foreshore and
upland uses and development, and the preservation of environmental quality
in the estuary; b)
Provide the opportunity for economic activity to meet national, regional
and local objectives; c)
Support the principle of persons directly responsible for pollution being
responsible for its cleanup or cleanup costs; d)
Ensure broad consultation between all Parties and proponents, and while
so doing provide avenues for active public participation and maintain
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. These offices shall be rotated through the Parties. 12.
The representatives shall appoint alternatives to represent them at meetings
that 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 for 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)
Supporting, where practical and appropriate, the public being informed
and involved in the activities of the Program; d)
Establishing priorities for the Program and approving the five year Business
Plans and annual Work Plans, their budgets and changes thereto; e)
Preparing and submitting an annual report for the Program to the Parties,
on or before June 30 of each year, identifying the accomplishments of
the past fiscal year; f)
Issuing the annual report for public consumption; g)
Facilitate cooperation and coordination of improved management, including; h)
Evaluating staff and contractor performance. i)
Forming action teams for sub-committees with appropriate membership to
perform specific tasks or studies or provide expert advice on specific
subjects. 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 three 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 Fraser River Harbour Commission will act as a banker for the Program
and will issue invoices quarterly, in advance, based on a yearly contribution
of up to one hundred 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 that 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 funding from this Memorandum they shall request
re-instatement by notifying the other 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. AMENDMENT NOTICE REFERENCES MISCELLANEOUS 37.
The Parties hereto agree to consistently pursue optimizing the efficiency
and effectiveness of the Program. 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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