British Columbia Memorandum of Understanding

MEMORANDUM OF UNDERSTANDING

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

AS REPRESENTED BY THE MINISTER OF CANADIAN HERITAGE

FOR THE PURPOSES OF THE PARKS CANADA AGENCY

(" CANADA ")

AND

HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA

AS REPRESENTED BY THE MINISTER OF WATER, LAND

AND AIR PROTECTION

(" BRITISH COLUMBIA ")

RESPECTING

THE ESTABLISHMENT OF NATIONAL PARK RESERVES OF CANADA

AND NATIONAL MARINE CONSERVATION AREA RESERVES OF CANADA

IN THE PROVINCE OF BRITISH COLUMBIA

 

WHEREAS :

1. On October 3, 2002, Canada released its Action Plan (defined below) which, among other things, calls on Canada to work with British Columbia to create three new national park reserves of Canada and two new national marine conservation area reserves of Canada over the next five years in the Province of British Columbia.
    
2. On February 11, 2003, the Government of British Columbia announced in its Speech from the Throne its interest in exploring the potential for establishing a new National Park Reserve in the Okanagan area, and its "Heartlands Economic Strategy" by which economic development plans will open up new opportunities for tourism, resort development and recreation, among other things, in the Province of British Columbia.
    
3. The National Park Reser ve to be established under the Gulf Islands National Park Reserve Establishment Agreement (defined below) is one of the three National Park Reserves proposed for the Province of British Columbia under the Action Plan and that agreement provides for Canada's completion of a feasibility study for a National Marine Conservation Area Reserve in the Strait of Georgia that, if established, will be one of the two National Marine Conservation Area Reserves to be established in the Province of British Columbia under the Action Plan.
    
4. In accordance with an agreement signed by the Parties on July 12, 1988, Canada completed a mineral and energy resource assessment of the Gwaii Haanas Marine Area and, after the completion of that assessment, British Columbia transferred to Canada the administration, control and benefit of the Gwaii Haanas Marine Area. Canada intends to establish the Gwaii Haanas Marine Area as a National Marine Conservation Area Reserve, however, before doing so, Canada must consult with local communities, stakeholders, First Nations and other persons on an interim management plan for that National Marine Conservation Area Reserve.
    
5. In addition to the money it has committed to expend under the Gulf Islands National Park Reserve Establishment Agreement, Canada will expend a significant amount of money to establish, maintain and operate the National Park Reserves and National Marine Conservation Area Reserves identified in the Action Plan and to provide for economic initiatives related to those reserves to benefit local communities.

    

NOW THEREFORE Canada and British Columbia (the "Parties") have agreed to enter into this Memorandum of Understanding to provide for the completion of the Feasibility Studies (defined below):

DEFINITIONS

1. In this Memorandum of Understanding,

   "Action Plan" means the document entitled "Action Plan to Protect Canada 's Natural Heritage";

   " Canada National Marine Conservation Areas Act " means the Canada National Marine Conservation Areas Act , S.C. 2002, c. 18;

   " Canada National Parks Act " means the Canada National Parks Act , S.C. 2000, c. 32;

   "Feasibility Studies" means the studies, consultations and proposals referred to in section 2;

   " Gulf Islands National Park Reserve Establishment Agreement" means the agreement entered into by the Parties on May 9, 2003 concerning, among other things, the establishment of a National Park Reserve in the Gulf Islands of the Province of British Columbia ;

   "Gwaii Haanas Marine Area" has the meaning given to the term " Marine Park Land " in the agreement referred to in recital paragraph D;

   "land" means land or land covered by water;

   "National Marine Conservation Area Reserve" has the meaning given to the word "reserve" in the Canada National Marine Conservation Areas Act ;

   "National Park Reserve" has the meaning given to the term "park reserve" in the Canada National Parks Act ;

   "Proposed Reserves" means the Study Areas, or the part or parts of them, that are proposed for establishment as a National Park Reserve or National Marine Conservation Area Reserve in the Feasibility Studies; and

   "Study Areas" means

   1. with respect to the proposed National Park Reserve, an area or areas of land within the South Okanagan; and
       
   2. with respect to the proposed National Marine Conservation Area Reserve, an area or areas of land in the Strait of Georgia including the Adjacent Submerged Land (as defined in the Gulf Islands National Park Reserve Establishment Agreement);

the boundaries of all of which will be confirmed by the Steering Committee.

FEASIBILITY STUDIES AND GWAII HAANAS INTERIM MANAGEMENT PLAN



2. The Parties agree that, consistent with the terms of reference to be developed by the Parties, an assessment of each of the Study Areas will be undertaken by Canada, at its expense, commencing within 180 days of the date of this Memorandum of Understanding to determine the feasibility of establishing all or part of the Study Areas as a National Park Reserve or National Marine Conservation Area Reserve and the assessment of each of the Study Areas will include the following:
    
   1. an analysis of the environmental, social and economic implications of the establishment of the Proposed Reserves as a National Park Reserve or National Marine Conservation Area Reserve including an analysis of
       
      1. the natural and cultural resources of the Proposed Reserves,
          
      2. all existing and new data provided by British Columbia concerning the mineral and other natural resource potential of the Proposed Reserves, and
          
      3. the impact on access to land (including the mineral and other natural resources on or under that land) adjacent to or in the vicinity of the Proposed Reserves that may be affected by the establishment of the Proposed Reserves as a National Park Reserve or National Marine Conservation Area Reserve;
          
   2. proposals to the Steering Committee concerning
       
      1. options for the boundary of the National Park Reserve or National Marine Conservation Area Reserve to be established with respect to the Proposed Reserves that protect representative ecosystems and landscape features while maintaining ecological integrity, and result in minimum long-term disruption of the social and economic life in the surrounding region,
          
      2. initiatives to mitigate the adverse economic impact on local communities that may result from the establishment of the Proposed Reserves as a National Park Reserve or National Marine Conservation Area Reserve, and
          
      3. subject to paragraph 2(c)(i), management options demonstrating how existing land uses, including tourism activities, recreation, grazing, hunting, fishing and guide outfitting, can be accommodated when the Proposed Reserves are established as a National Park Reserve or National Marine Conservation Area Reserve;
   3. the identification of
       
      1. all existing land uses, including tourism activities, recreation, grazing, hunting, fishing and guide outfitting, that must be modified or terminated before the Proposed Reserves are established as a National Park Reserve or National Marine Conservation Area Reserve under the Canada National Parks Act and the Canada National Marine Conservation Areas Act, respectively, and proposals on the means to redress the holders of the tenures that are to be modified or terminated, and
          
      2. new opportunities for tourism, resort development and recreation associated with the establishment of the Proposed Reserves as a National Park Reserve or National Marine Conservation Area Reserve; and
          
   4. a report on consultations undertaken with relevant federal and provincial departments, ministries and agencies, affected First Nations, local governments, local communities and other persons to seek their views on, and to determine their support for, the establishment of the Proposed Reserves as a National Park Reserve or National Marine Conservation Area Reserve.
       
3. The Steering Committee will
    
   1. if more than one proposal is made under subsection 2(b), determine which of those proposals will be recommended for consultation; and
       
   2. determine such financial or other arrangements that will be required to enable British Columbia to participate in the completion of the Feasibility Studies in a timely and efficient manner.
       
4. On the completion of the Feasibility Studies, they will be reviewed by the Steering Committee and, if the Steering Committee supports the establishment of one or both of the Proposed Reserves as a National Park Reserve or National Marine Conservation Area Reserve, the Steering Committee will recommend to the Parties that they negotiate an agreement or agreements to establish the Proposed Reserves as a National Park Reserve or National Marine Conservation Area Reserve, as applicable.
    
5. In accordance with the Canada National Marine Conservation Areas Act, Canada will develop an interim management plan setting out management objectives and a zoning plan and undertake consultations with relevant federal and provincial departments, ministries and agencies, affected First Nations, local governments, local communities and other persons, as required by the Canada National Marine Conservation Areas Act, in order to help determine the conditions under which the Gwaii Haanas Marine Area may be established as a National Marine Conservation Area Reserve.

   NATIONAL PARK RESERVE OR NATIONAL MARINE CONSERVATION AREA RESERVE ESTABLISHMENT AGREEMENTS

   
   
6. If the Parties accept the recommendation made by the Steering Committee under section 4 and decide to negotiate the terms of the agreement or agreements referred to in that section, the agreement negotiated with respect to each of the Proposed Reserves will include the following:
    
   1. the legal descriptions of all land (including provincial Crown land) to be included in the National Park Reserve or National Marine Conservation Area Reserve, a list of all encumbrances affecting that land and a strategy for Canada, with the non-financial assistance of British Columbia, to remove all encumbrances affecting that land;
       
   2. if provincial Crown land is to be included in the National Park Reserve or National Marine Conservation Area Reserve, the timing for and terms and conditions by which British Columbia will agree to transfer the administration, control and benefit of that provincial Crown land to Canada;
       
   3. the amount of money to be expended by Canada to establish, maintain and operate the National Park Reserve or National Marine Conservation Area Reserve;
       
   4. the economic initiatives to be undertaken by Canada with respect to the establishment and operation of the National Park Reserve or National Marine Conservation Area Reserve to benefit, among others, the local communities; and
       
   5. employment and procurement practices to be undertaken by Canada to provide opportunities for local persons and communities to benefit from the management and operation of the National Park Reserve or National Marine Conservation Area Reserve.

 

FINANCIAL ELEMENTS



7. Subject to the necessary Parliamentary appropriations, if the Proposed Reserves and the Gwaii Haanas Marine Area are established as National Park Reserves and National Marine Conservation Area Reserves, the amount of money to be expended by Canada to establish, maintain and operate the National Park Reserves and National Marine Conservation Area Reserves will be as follows:
    
   1. a total of $35,000,000.00 for capital expenditures and $30,000,000.00 for operating and maintenance expenditures, such amounts being the total amounts for all of the Proposed Reserves and the Gwaii Haanas Marine Area, to be expended over a ten year establishment and development period, that period commencing for each of the Proposed Reserves after the signing of the agreement referred to in section 6 and, for the Gwaii Haanas Marine Area, after its establishment as a National Marine Conservation Area Reserve; and
       
   2. a total of $5,000,000.00 to be expended annually for ongoing costs, such amount being the total amount for all of the Proposed Reserves and the Gwaii Haanas Marine Area, to be reached incrementally after the expiration of the ten year establishment and development period referred to in subsection (a) for each of the Proposed Reserves and the Gwaii Haanas Marine Area.
       
8. The total expenditures referred to in section 7 will be proportionally
    
   1. reduced if some of the Proposed Reserves and the Gwaii Haanas Marine Area are not established as National Park Reserves and National Marine Conservation Area Reserves; or
       
   2. increased if National Park Reserves and National Marine Conservation Area Reserves are established in the Province of British Columbia in addition to the Proposed Reserves and the Gwaii Haanas Marine Area.

DESIGNATION OF NATIONAL PARK RESERVES AND NATIONAL MARINE CONSERVATION AREA RESERVES OF CANADA



9. In accordance with the Canada National Parks Act, a National Park Reserve is established, rather than a national park, where an area proposed for a national park is subject to one or more claims in respect of aboriginal rights that has or have been accepted for negotiation by the government of Canada. A National Park Reserve will not be established as a national park until the claim or claims are settled.
    
10. In accordance with the Canada National Marine Conservation Areas Act, a National Marine Conservation Area Reserve is established, rather than a national marine conservation area, where an area proposed for a national marine conservation area is subject to one or more claims in respect of aboriginal rights that has or have been accepted for negotiation by the government of Canada. A National Marine Conservation Area Reserve will not be established as a national marine conservation area until the claim or claims are settled.
     

    STEERING COMMITTEE

    
    
11. Work related to this Memorandum of Understanding will be directed by a Steering Committee co-chaired by the Director General, National Parks, Parks Canada Agency, on behalf of Canada , and the Deputy Minister of the Ministry of Water, Land and Air Protection, on behalf of British Columbia . The Deputy Minister of the Ministry of Sustainable Resource Management and the Director General, Western and Northern Canada , Parks Canada Agency, will be members of the Steering Committee.

    MISCELLANEOUS

    
    
12. Nothing in this Memorandum of Understanding will be construed to
     
    1. derogate from or in any way affect the terms and conditions of the Gulf Islands National Park Reserve Establishment Agreement;
        
    2. require British Columbia to transfer the administration, control and benefit of any provincial Crown land to Canada for inclusion in the National Park Reserves and National Marine Conservation Area Reserve; or
        
    3. preclude the Parties from agreeing to explore other proposals to complete Canada's system of National Park Reserves and National Marine Conservation Area Reserves in the Province of British Columbia.

 

EFFECT OF MEMORANDUM OF UNDERSTANDING



13. 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.

 

THIS MEMORANDUM OF UNDERSTANDING is signed by the Parties at Victoria, British Columbia on October 2, 2003 .

FOR CANADA :

Honourable Sheila Copps
Minister of Canadian Heritage

Signed by

_____________________________
HONOURABLE SHEILA COPPS

in the presence of

______________________________
WITNESS

 

FOR BRITISH COLUMBIA :

Honourable Joyce Murray
Minister of Water, Land and Air Protection

Signed by

_______________________________
HONOURABLE JOYCE MURRAY

______________________________
WITNESS