City
of Nanaimo - MOU
MEMORANDUM
OF UNDERSTANDING
for
COOPERATION ON Environmental Matters
in
the City of Nanaimo
BETWEEN: City
of Nanaimo (City)
AND: B.C.
Environment, Vancouver Island Region (BCE)
AND: Fisheries
and Oceans Canada (F&O)
WHEREAS:
The well being
of Nanaimo's economy and society is integrally linked with the health
of its natural environment and is of mutual concern to the parties;
Provincial,
Federal and Local governments each have a role to play in regulating
matters related to the natural environment, and are committed to
ensuring a consistent and high level of environmental quality;
Environmental
matters are complex and often transcend jurisdictional boundaries,
thus requiring coordinated responses from the parties;
There is a need
to clarify the jurisdiction and responsibilities of the Provincial,
Federal and Local governments when addressing issues associated
with the environment; and
Effective cooperation
among the parties will lead to certainty and predictability of environmental
regulation, promote public confidence in the management of environmental
matters, and foster sound economic planning.
Now, therefore,
the Parties agree as follows.
OBJECTIVES
OF THE Memorandum:
The objectives
of this Memorandum are to:
- Clarify responsibilities
and areas of jurisdiction regarding environmental issues in the
city of Nanaimo, including land use, development, projects initiated
by the City, matters under the mandate of Environment and Lands
and enforcement of bylaws and provincial and federal legislation.
- Improve existing
systems of referral and expedite decision-making within the various
levels of government on matters of environmental concern in Nanaimo.
- Clarify the
objectives and standards to be met with respect to achieving a
sustainable and healthy natural environment in Nanaimo.
- Provide for
sub-agreements on specific topics or procedures respecting environmental
management in Nanaimo.
POLICIES:
The following
policies form the basis for achieving the objectives of this Memorandum
of Understanding.
- Nothing in
this Agreement alters the legislatively mandated roles, responsibilities
and duties of the parties.
- The City
assumes no liability or responsibility under this Agreement in
addition to that normally assumed through its jurisdiction over
land use and other matters enabled under the Municipal Act, Land
Act, Land Title Act, and other applicable provincial legislation.
Sub-agreements:
- The parties
agree to establish sub-agreements that will clarify the objectives,
jurisdiction, and responsibilities to be followed in coordinating
the parties' roles in specific activities and procedures affecting
the natural environment. Attachment A lists the specific activities
that may be addressed in sub-agreements.
- Designated
officials for the parties will initial each sub-agreement.
- The sub-agreements
can be amended from time to time by the appropriate designated
officials without having to amend this Agreement.
Implementation
- coordination meetings:
- The parties
agree to schedule a regular meeting that appropriate staff will
attend, to review major or special projects, work plans or development
applications of particular environmental concern and to resolve
outstanding issues of concern. The format of these coordination
meetings will be established in a sub-agreement.
Dispute
Resolution
- The parties
agree to pursue methods of dispute resolution that will ensure
the timely resolution of disagreements and non-compliance before
negative impacts on the environment or the economy occur. Dispute
resolution will be conducted by appropriate staff. However, should
resolution not be possible, the parties agree to bring the issue
forward to higher level staff and the implementation-coordination
meetings, if necessary to resolve the issue.
Term
- 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
and reasons for opting out. This Agreement is to be renewed upon
consensus of the signatories.
SIGNATORIES:
Earl
Warnock
________________________
|
Bruce
McDonald
________________________
|
Gerald
Berry
________________________
|
B.C.
Environment
|
Fisheries
and Oceans Canada
|
City
of Nanaimo
|
December
6, 1999
________________________
|
December
6, 1999
________________________
|
December
6, 1999
________________________
|
ATTACHMENT
A: Sub-Agreements
TOPIC
|
Target
Date for Signing
|
- Coordination
Meetings: format and responsibilities
|
November
1999
|
- Referrals
of Development Applications to B.C.E and DFO
|
June 2000
|
- Referrals
of City Works, Services and Park Development Projects to
B.C.E and DFO
|
June 2000
|
- Referral
of Applications under Provincial and Federal legislation
to the City
|
June 2000
|
- BCE
and DFO Involvement in Land Use Planning and Policy Development
|
December
2000
|
- Emergencies
|
June 2001
|
- Enforcement
|
June 2001
|
- Information
and Data Sharing
|
December
2001
|
Sub-Agreement
"A"
Sub-Agreement
"B"