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.

1. Nothing in this Agreement alters the legislatively mandated roles, responsibilities and duties of the parties.
   
   
2. 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:

3. 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.
   
   
4. Designated officials for the parties will initial each sub-agreement.
   
   
5. The sub-agreements can be amended from time to time by the appropriate designated officials without having to amend this Agreement.

   Implementation - coordination meetings:

6. 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

7. 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

8. 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"