Comox-Strathcona MOU

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Memorandum of Understanding

Intergovernmental Partnership Agreement for the Protection of the Environment

 

BETWEEN:

The Regional District of Comox-Strathcona

Courtenay, B.C., V9N 7J3

(hereinafter called the "Regional District");

AND:

The Regional Director

Ministry of Environment, Lands and Parks

Nanaimo, B.C.

(hereinafter called "MELP");

AND:

The Area Chief

Habitat and Enhancement Branch,

Coastal B.C. South Division

Fisheries and Oceans Canada

Nanaimo, B.C.

(hereinafter called "F&OC")

1. Purpose:

   1.1 This Agreement is a statement of intent on the part of the signatories to continue with the development and implementation of a process (the "Process") focusing on a more efficient collaborative delivery in environmental permitting and protection.

   1.2 The new "Process" should:

   1. Increase trust among the signatories;

   2. Replace existing agency-by-agency referral approach;

   3. Achieve the benefits of collaboration;

   4. Boost the effective use of resources;

   5. Result in sharing of information and technical support;

   6. Continue to foster the development of a shared resource database;

   7. Use applicable agreed-upon guidelines, criteria, and standards as set out in attached Schedule "A", and its updates;

   8. Include a dispute-resolution mechanism to address any unresolved conflicts;

   9. Use existing legislation; and

   10. Result in no increased costs to any signatory.

   1.3 The signatories also understand the risks involved in developing this changed procedure. This risk is minimized, with appropriate, built-in termination provisions.

   1.4 The focus of this "Process" is to continue the parties previous work in building a cooperative framework for environmental assessments to support water management and pollution prevention approvals, licenses and permits along with the protection of designated aquatic, fish, and wildlife habitats. It is also accepted that the scope of this Agreement may be expanded to include other environmental resources, with the concurrence of all signatories.

   1.5 This process shall apply to all lands within the Regional District of Comox- Strathcona zoned for various residential, commercial, industrial, institutional and agricultural uses.

   1.6 All matters files and records associated with the MOU will be a matter of public record. 1

   1.7 The signatories to this document agree that their participation in the "Process" is voluntary and no financial incentive to participate has been implied or offered by any of the signatories, or their respective organizations

2. Term

2.1 This Agreement will run for three (3) years from the date of signing. Any signatory may opt out of this Agreement by providing six (6) weeks notice. This Agreement may be renewed upon consensus of the signatories.

3. Liability

   3.1 Nothing in this Agreement alters the legislatively mandated roles, responsibilities, and duties of any of the signatories.

3.2 In agreeing to become a partner in environmental stewardship and the promotion of sustainable development, the Regional District, as part of this new "Process", assumes no liability or responsibility in addition to that normally assumed through the application referral process.

4. Enforcement

4.1 While the signatories cannot fetter separate enforcement actions, they may collaborate in and coordinate any agreed upon enforcement actions in accordance with the principles set out in Schedule B.

5. Signatories

   5.1 The signatories of this Agreement are the following:

   5.2 Chairperson, Regional District of Comox-Strathcona; (Articles 1 to 7)

   5.3 Regional Director, Ministry of Environment, Lands and Parks; (Articles 1 to 7) and

   5.4 Executive Director, Habitat and Enhancement Branch, Pacific Region, Fisheries and Oceans Canada (Articles 1 to 6)