Memorandum of understanding — South Coast Fjords study area

2.1

The Parties agree to collaborate in initiating and completing the Feasibility Assessment.

2.2

In carrying out the Feasibility Assessment, the Parties will consider, among other things:

1. the social, environmental, and economic benefits and impacts of establishing a national marine conservation area within the Study Area and re-designating Sandbanks Provincial Park as a national park
2. the implications of establishing a national marine conservation area and redesignating Sandbanks Provincial Park on Indigenous, coastal, and local communities, commercial interests, stakeholders, local governments, and existing and proposed tenures and encumbrances within and adjacent to the Study Area
3. the impact and benefit of the proposed national marine conservation area and national park on present, proposed, and anticipated future activities including, but not limited to, fisheries, aquaculture, natural resource development, transportation, and tourism activities

2.3

It is intended that the Feasibility Assessment will be completed within 2 to 3 years or less of the signing of this MOU.

2.4

The Study Area is generally described by the map attached as Annex 1 and Annex 2 to this Agreement.

3.1

The principal mandate of the Steering Committee is to:

1. guide the Feasibility Assessment, including the development of terms of reference, a work plan, consultation and engagement plans, a budget, interim and final reports, and other activities as required to ensure that the assessment meets the needs of each of the Parties
2. complete the report described in section 6.1

3.2

Within six weeks after the signing of this MOU, the Parties will appoint their representatives to the Steering Committee, which will be comprised of two (2) representatives from Canada, two (2) representatives from Newfoundland and Labrador, two(2) representatives of the Town of Burgeo, up to three (3) representatives from the Miawpukek First Nation, and up to three (3) representatives from the Qalipu First Nation.

3.3

The Steering Committee will seek to make consensus decisions in performing and directing work under this MOU and render consensus recommendations. Decisions of the Steering Committee are recommendations to the Parties. If the Steering Committee cannot reach consensus on any decision, recommendation, or approval, they may refer the matter to the Parties as a dispute to resolve under section 7.

3.4

The Parties will implement operational decisions of the Steering Committee if there are no objections by any Party.

3.5

The Steering Committee may establish one or more sub-committees for the purpose of addressing specific elements of the Feasibility Assessment. The Steering Committee will determine the mandate and any terms of reference of any such sub-committee.

3.6

Canada will provide the Secretariat to support and facilitate the work of the Steering Committee. At the direction of the Steering Committee, the Secretariat, among other things, will carry out the administrative work in support of the Steering Committee’s work, meetings, studies, consultations, and technical support. The Secretariat will also provide support to any sub-committee established under section 3.4.

3.7

No Party will use confidential or proprietary information shared by another Party obtained under this MOU other than to further the purpose of this MOU, unless they obtain the prior written approval of the Party who has provided the information.

3.8

The Parties will develop a communications plan that includes a protocol for the sharing or public release of information obtained or developed under this MOU, including reference to requirements of applicable laws, such as those regarding access to information and transparency.

3.9

The Steering Committee will incorporate Indigenous knowledge into the Feasibility Assessment and associated recommendations from the outset for the purpose of ensuring that recommendations put forward are based on the results of both Indigenous and scientific knowledge studies. The Steering Committee will address any confidentiality requirements that may arise related to the provision and use of specific types of Indigenous knowledge. The Miawpukek First Nation and the Qalipu First Nation will determine which Indigenous knowledge is confidential and which can be shared with the Steering Committee.

3.10

In considering any expansions or reductions of the Study Area, the Steering Committee will consider such changes to the Study Area only if an agreement is reached between the Parties.

4.1

Canada will staff and fund a project manager and other staff (if required) to support the Steering Committee to complete the Feasibility Assessment. The project manager will attend all meetings of the Steering Committee, except in-camera meetings if they are required.

4.2

Canada will provide funding for component studies that the Steering Committee determines are required for the Feasibility Assessment. Such studies will be shared with the Parties for their own internal use in developing briefing material, analysis, and recommendations for their respective decision makers. The Steering Committee will decide on whether and under what conditions such studies will be made public. Material will be subject to applicable laws, such as those regarding access to information and privacy .

4.3

Canada, subject to and through a contribution agreement, will provide financial assistance to the Town of Burgeo, Miawpukek First Nation and the Qalipu First Nation to enable them to participate in the Feasibility Assessment fully and effectively. This financial assistance can cover staffing requirements, professional fees, traditional and scientific knowledge studies, fieldwork, consultations with Indigenous and coastal communities and members, honoraria, ceremonial costs, travel, and other reasonable costs incurred by the Town of Burgeo, the Miawpukek First Nation and the Qalipu First Nation during the Feasibility Assessment.

4.4

Canada will provide financial assistance to cover the costs of fieldwork, consultations with Indigenous and coastal communities and members, travel, and other reasonable costs of the local community advisory committee referenced in 5.6.

4.5

The Parties agree that during the Feasibility Assessment, regular and meaningful opportunities will be provided for involvement, including consultation if appropriate, by those with an interest in the project, and in particular by those in the Indigenous and coastal communities that are in closest proximity to the Study Area.

4.6

To the extent that the Parties agree, the Parties may approach third parties, including philanthropic interests, to solicit additional support for the assessment of the project that will benefit them in the Feasibility Assessment.

5.1

When required by the Steering Committee, Canada can enlist the participation of all relevant federal agencies and departments as presenters to the Steering Committee, in particular, the Department of Fisheries and Oceans and the Department of Transport given that each will maintain their regulatory authorities within the national marine conservation area.

5.2

When required by the Steering Committee, Newfoundland and Labrador can enlist the participation of all relevant provincial agencies and ministries as presenters to the Steering Committee.

5.3

The Steering Committee will engage and consult with Indigenous organizations and communities, municipalities and local communities, stakeholders, local industry, and the public. The consultation and engagement plans referred to in section 3.1 will outline the approach to engaging and consulting these parties.

5.4

The Steering Committee may utilize other marine planning processes for engagement purposes.

5.5

The Steering Committee will work with sub-committees as necessary, including local community advisory committees, for engagement purposes.

5.6

In consulting and engaging Indigenous organizations, Canada will support their gathering of traditional Indigenous knowledge to inform the Feasibility Assessment while respecting their terms and conditions for sharing and using this knowledge.

5.7

Canada commits that existing and currently proposed finfish aquaculture sites would be honored and not included within the final NMCA boundary, unless otherwise agreed to by Canada, Newfoundland and Labrador, and the site license holder, while also recognizing the need to include a substantive number and portions of the fjords within the proposal to meet ecological and visitor experience objectives.

6.1

At the conclusion of the Feasibility Assessment, the Steering Committee will submit a report to the Parties recommending whether the establishment of a national marine conservation area in the South Coast Fiord area and / or the re-designation of Sandbank Provincial Park as a national park is considered feasible, and if so, under what conditions.

7.1

If a dispute arises:

1. relating to the interpretation or intent of this MOU, the Steering Committee will meet as soon as practicable and will attempt to resolve the dispute
2. relating to the work undertaken by the Steering Committee, the Parties will each identify a senior official who will all meet as soon as practicable and attempt to resolve the dispute

7.2

A referral of a dispute to the Steering Committee or to senior officials pursuant to subsections 7.1.a. or 7.1.b. respectively, will include detailed reports setting out a full description of the dispute, together with the concerns of the Steering Committee members, and proposed specific actions that could be taken to address the dispute.

7.3

In the event that a dispute cannot be resolved by informal means, the Steering Committee or the senior officials, as the context requires, may agree to use an independent chair to provide independent facilitation or mediation to assist in reaching a resolution.

8.1

This MOU will take effect upon signing by the Parties and will continue until the completion of the Feasibility Assessment, unless otherwise terminated pursuant to section 8.3.

8.2

Any Party may, at any time, by giving the other Parties 45-days advance written notice, terminate its participation in this MOU.

8.3

This MOU may be terminated by either Canada or Newfoundland and Labrador. The Party wishing to terminate will give 14 days notice to the other Parties.

8.4

This MOU may be amended by written agreement of the Parties.

9.1

This MOU is not legally binding and does not define, create, or recognize any Aboriginal treaty rights, within the meaning of section 35 of the Constitution Act, 1982. This MOU is intended only as an expression of good will and commitment to a meaningful relationship and process and does not create, amend, recognize or deny any legal, asserted or constitutional right or obligation on the part of Canada, Newfoundland and Labrador or the First Nations.

9.2

This MOU does not alter or affect the legal status of any lands and resources.

9.3

This MOU, including the negotiations leading up to its creation and its implementation, shall not be construed as an admission of fact or liability and is without prejudice to any legal positions which have been or may be taken by any Party in any court proceeding or any other forum.

9.4

For greater certainty and without limiting the generality of section 9.1, this MOU does not prevent, change, add, or derogate from any current or future negotiations, discussions, arrangements, or agreements between: a) Canada and the Miawpukek First Nation or the Qalipu First Nation; b) Newfoundland and Labrador and the Miawpukek First Nation or the Qalipu First Nation; or c) Canada and Newfoundland and Labrador.

9.5

Any boundaries used for planning purposes under this MOU are not legally binding and are not intended to define, create, or recognize any Aboriginal treaty rights, within the meaning of section 35 of the Constitution Act, 1982/cite>.

9.6

Nothing in this MOU obliges the Parties to act in a manner inconsistent with their legislative or regulatory jurisdictions or authorities, or their laws, customs and traditions.

9.7

This MOU does not fetter the decision-making authorities of any of the Parties.

9.8

This MOU may be signed in any number of counterparts and such counterparts may be delivered by electronic- mail, facsimile or other electronic means. Such counterparts, taken together, will constitute one and the same MOU.

9.9

This MOU will be made available upon request to either Party.