Warning This Web page has been archived on the Web.

Archived Content

Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards, as per the Policy on Communications and Federal Identity.

Cooperation Agreement for the Protection and Recovery of Species at Risk in Quebec

Government of Canada

Government of Quebec

Parties to the Agreement

Cooperation Agreement for the Protection and Recovery of Species at Risk in Quebec

Between: 

THE GOVERNMENT OF CANADA, hereinafter referred to as "Canada"

Represented by:

the Minister of the Environment and Minister responsible for the Department of the Environment and the Parks Canada Agency; and

the Minister of Fisheries and Oceans and Minister responsible for the Department of Fisheries and Oceans.

Of The First Part

And:

THE GOVERNMENT OF QUEBEC, hereinafter referred to as "Quebec"

Represented by:

the Minister of Natural Resources and Wildlife

the Minister of Sustainable Development, the Environment and Parks

the Minister of Agriculture, Fisheries and Food and

the Minister responsible for Canadian Intergovernmental Affairs, the Canadian Francophonie, the Agreement on Internal Trade, Reform of Democratic Institutions and Access to Information.

Of The Second Part

Hereinafter referred to as "The Parties"

WHEREAS Quebec has a diversified biological heritage that includes species at risk;

WHEREAS in response to the Convention on Biological Diversity, each Party has developed a strategy on biological diversity which includes activities for the protection and recovery of species at risk and their habitats;

WHEREAS Canada intends to meet its commitments as set out in the 1996 Accord for the Protection of Species at Risk in order to ensure that species at risk and their habitats in Canada are effectively protected;

WHEREAS the Parties are members of the Canadian Endangered Species Conservation Council (CESCC), the responsibilities of which include coordinating protection activities for species at risk throughout Canada;

WHEREAS the Parties recognize that cooperation between the two orders of government is important in order to provide most effectively for the protection and recovery of species at risk and their habitats;

WHEREAS the Parties recognize that their programs should be complementary in order to provide more effectively for the protection and recovery of species at risk and their habitats throughout Quebec;

WHEREAS under the Species at Risk Act, (S.C. 2002, c. 29) the functions of the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) include assessing the status of each wildlife species considered by it to be at risk for the purpose designating it under the Act;

WHEREAS the Quebec advisory committees are scientific organizations responsible for advising Quebec on the status of wildlife species for the purpose of designating them under the Act respecting threatened or vulnerable species (R.S.Q., chapter E-12.01);

WHEREAS the role of the Aboriginal communities and organizations and wildlife management boards established under land claims agreements is essential to the conservation of wildlife in Quebec;

WHEREAS regard should be had to the traditional knowledge of the Aboriginal communities in identifying wildlife species that may be at risk and developing and implementing recovery measures;

WHEREAS the Parties recognize the importance of consulting landowners, businesses, non-governmental organizations, the Aboriginal communities and organizations, and any other person that could be directly affected by the implementation of measures for the protection and recovery of species at risk and their habitats;

WHEREAS the Minister of the Environment and Minister responsible for the Department of the Environment and the Parks Canada Agency, and the Minister of Fisheries and Oceans, as the competent Ministers within the meaning of the Species at Risk Act, may, under section 10 of the Act and after consultation with the other competent Minister, enter into an agreement with any government in Canada with respect to the administration of any provision of the Species at Risk Act for which that competent Minister has responsibility, including the preparation and implementation of recovery strategies, action plans and management plans;

AND WHEREAS Quebec gave authorization for this agreement to be entered into by Order number 902-2006, on the 25th day of October 2006.

Now therefore, the parties agree as follows:

Part I. General Principles

1. Definitions

1.1. “Action plan” means an action plan, including amendments to that plan, that has been included in the public registry under the Species at Risk Act, or an action plan prepared by Quebec under the Act respecting threatened or vulnerable species.

1.2. "Authorizations" means licences, permits or agreements or any other similar instruments, issued, made or entered into under sections 73, 74 or 78 of the Species at Risk Act and authorizations granted under section 18 of the Act respecting threatened or vulnerable species.

1.3. "Conservation plan" means a document that summarizes the status of a threatened or vulnerable plant species, identifies the priority conservation targets and establishes the concrete actions to be taken in order to ensure its long-term survival in Quebec.

1.4. "Critical habitat" means a critical habitat within the meaning of the Species at Risk Act or a habitat of threatened or vulnerable species within the meaning of the Act respecting threatened or vulnerable species.

1.5. "Designation" means the inclusion of a species in Schedule 1 to the Species at Risk Act or the legal designation of a species at risk under the Act respecting threatened or vulnerable species.

1.6. "Joint activity" means an activity whose success relies on the cooperation of the two Parties and which relates either to the exchange of information or the acquisition, management and dissemination of knowledge about wildlife and species at risk or to the process for protecting species at risk of common interest, including assessing status, designation, planning the recovery, and protection and recovery activities, except for implementing prohibitions.

1.7. "Joint programming" means the list and schedule of the joint activities that the Parties intend to carry out under this agreement, including the estimate of resources required for that purpose.

1.8. “Management plan” means a management plan, including amendments to that plan, that has been included in the public registry under the Species at Risk Act.

1.9. "Quebec advisory committees" means the scientific organizations, one for wildlife and one for plant life, that are responsible for advising Quebec on the status of wildlife for the purpose of designating them under the Act respecting threatened or vulnerable species.

1.10. "Recovery" means a range of human interventions undertaken for the purpose of maintaining or increasing the population of a species at risk.

1.11. “Recovery plan” means a document that summarizes the status of a threatened or vulnerable wildlife species, identifies the priority conservation targets and establishes the concrete actions to be taken in order to ensure long-term survival in Quebec.

1.12. “Recovery strategy” means a recovery strategy, including amendments to that strategy, that has been included in the public registry under the Species at Risk Act.

1.13. “Recovery planning document” means a conservation plan, recovery plan, recovery strategy, management plan or action plan.

1.14. "Residence" means a residence within the meaning of the Species at Risk Act or the nest or den of an animal within the meaning of the Act respecting the conservation and development of wildlife (R.S.Q., chapter C-61.1).

1.15. "Species at risk” means any wildlife species referred to by the Species at Risk Act or by the Act respecting threatened or vulnerable species and any species in the process of being assessed or designated under one of those acts.

1.16. “Species at Risk Habitat Stewardship Program Implementation Council” means the Committee reporting to the Agreement Management Committee established in section 7 that has been established in Quebec to support the management of the Species at Risk Habitat Stewardship Program for Species at Risk in Canada.

1.17. "Species at risk of common interest" means any species at risk that is present in Quebec for which Canada and Quebec have a legal responsibility or in the protection and recovery of which they have an interest, and for which they agree to cooperate in accordance with the terms and conditions of this agreement.

1.18. "Stewardship": see "voluntary conservation".

1.19. "Voluntary conservation” means all of the voluntary initiatives carried out by one or more individuals or legal entities for the purpose of protecting species at risk and their habitats.

1.20. "Wildlife management board" means any organization established under a land claims agreement that is authorized to exercise powers in respect of wildlife, including the Joint Hunting, Fishing and Trapping Association established under the James Bay and Northern Quebec Agreement.

1.21. "Wildlife species" means a species, sub-species, variety or geographically or genetically distinct population of animal, plant or other organism, other than a bacterium or virus, that is wild by nature, that (a) is native to Quebec, or (b) has extended its range tQuebec without human intervention and has been present in Quebec for at least 50 years.

2. Interpretation

2.1. Neither Party waives its rights, privileges, prerogatives or immunities by entering into this agreement.

2.2. This agreement does not create new legal powers, and does not alter the duties, obligations and powers conferred conferred on them, including the duties, obligations and powers conferred by the Species at Risk Act, the Act respecting threatened or vulnerable species, the Canadian Environmental Protection Act S.C. 1992, chapter 37, the Environment Quality Act R.S.Q., chapter Q-2, the Fisheries Act, R.S. 1985, chapter F-14, the Act respecting the conservation and development of wildlife, the Canada National Parks Act, S.C. 2000, chapter 32, the Parks Act, R.S.Q., chapter P-9, and the Act respecting the Saguenay-St. Lawrence Marine Park, R.S.Q., chapter 16.

2.3. This agreement is without prejudice to the powers, rights, remedies and claims that either party may have in relation to the protection and recovery of species at risk and shall not be interpreted as limiting or interfering with such powers, rights, remedies or claims.

2.4. The schedules are to be read as if they form part of this agreement.

3. Purpose

The purpose of this agreement is to establish the methods by which the Parties will coordinate their activities in relation to the protection and recovery of species at risk of common interest and their habitats and will collaborate in order to avoid duplication. Its purpose is also to encourage the exchange of information and timprove knowledge about species at risk and wildlife species.

4. Principles of Cooperation

The Parties agree to cooperate in implementing this agreement and to abide by the following principles:

4.1. Subject to subsection 4.2, precedence will be given tQuebec in the leadership of activities relating to the protection and recovery of species at risk of common interest and their habitats within Quebec and Quebec will coordinate those activities;

4.2. Precedence will be given to Canada in the leadership of the following activities:

  1. activities relating to the protection and recovery of species at risk of common interest that are non-anadromous and non-catadromous aquatic marine species and migratory birds protected by the Migratory Birds Convention Act, 1994;
  2. activities relating to the protection and recovery of species at risk of common interest that are carried out
    1. on lands belonging tHer Majesty in right of Canada;
    2. on lands listed in Schedule 1 and Schedule 2 to the Canada National Parks Act and that might not be covered by paragraph 4.2 b)1); and
    3. on any other federal land, as determined by a decision of the Agreement Management Committee (AMC).
    and Canada will coordinate those activities.

4.3. The Parties shall take a coordinated and cooperative approach to activities carried out in order that their activities are complementary and to increase effectiveness and avoid duplication;

4.4. If one of the Parties does not have the expertise that is needed for the protection and recovery of a species at risk, precedence shall be given to the expertise of the other Party;

4.5. The costs of activities under this agreement may be shared as determined by the Agreement Management Committee when (1) the Parties are carrying out a joint activity, (2) one of the Parties is facing costs that exceed what is needed in order to implement its own legislation, or (3) a Party's expertise is required by the other Party;

4.6. Community and individual interests, including socio-economic interests, shall be considered in determining what recovery measures will be most effective;

4.7. Stewardship or voluntary conservation shall be considered to be a preferred option in all protection, management and recovery activities;

4.8. If there are threats of serious or irreversible damage ta wildlife species, cost-effective measures to prevent the reduction or loss of the species shall not be postponed for a lack of full scientific certainty; and

4.9. Transparency between the Parties shall be regarded as essential to this agreement.

5. Strategies

The Parties agree to adopt the following strategies:

5.1. Maintaining and improving scientific knowledge about wildlife species that is necessary for the protection and recovery of species at risk and their habitats, in accordance with the provisions of Schedule A, “Knowledge”;

5.2. Collecting data on wildlife species using common or compatible approaches;

5.3. Promoting the use of the Centre de données sur le patrimoine naturel du Québec (CDPNQ) and the methodology in use that is associated with the NatureServe international network of conservation data centres for processing data relating to species at risk and to assist in establishing priorities for action to be taken; promoting the operation and development of the CDPNQ;

5.4. When appropriate, using ecosystem, landscaping or multi-species approaches for protection and recovery activities involving species at risk of common interest and their habitats;

5.5. Encouraging landowners, businesses, non-governmental organizations, Aboriginal communities and organizations and any other person to become involved in protection and recovery activities for species at risk of common interest and to undertake habitat stewardship or other voluntary conservation activities;

5.6. Exchanging information in a coordinated manner regarding authorizations and the application of legislation relating to species at risk, their critical habitats and the residences of their individuals;

5.7. Promoting public consultation, awareness and mobilization in relation to the protection and recovery of species at risk and their habitats, in accordance with section 3 of Schedule B, "Consultations";

5.8. Promoting consultation with Aboriginal communities and organizations and wildlife resource management councils to which the protection and recovery of species at risk and their habitats are of concern, and using the most appropriate the cooperation mechanisms, in accordance with section 2 of Schedule B;

5.9. When appropriate, consulting each other regarding interim measures relating to the protection and recovery of species at risk and their habitats to be put in place while waiting for Aboriginal self-government or land claims agreements to be made and regarding provisions to be proposed for inclusion in such agreements;

5.10. Informing the public, landowners, businesses, non-government organizations, and Aboriginal communities and organizations, and also other provinces, territories and countries, regarding of the results of activities planned in programming under this agreement, in accordance with Schedule C, “Joint Communications Activities”;

Part II. Management of the Agreement

6. Guiding Principles for Management of the Agreement

6.1. The Parties agree that their respective jurisdictions will be respected in the administration and implementation of this agreement.

6.2. The Parties agree that the administration and implementation of this agreement will be guided by the principles for cooperation set out in section 4.

7. Agreement Management Committee

7.1. Composition of the Management Committee

7.1.1. A management committee to be called the "Agreement Management Committee" (AMC) will be responsible for the administration of this agreement.

7.1.2. There will be three representatives of Canada on the AMC: the Regional Director General of Environment Canada (EC), the Regional Director General for the Department of Fisheries and Oceans (DFO), and a representative from the Parks Canada Agency (PC), or his representative. There will be three representatives of Quebec at the director level on the AMC: a representative of the Ministère du Développement durable, de l’Environnement et des Parcs (MDDEP), a representative of the Ministère des Ressources naturelles et de la Faune Québec – Wildlife Sector (MRNF-FQ) and a representative of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (MAPAQ), appointed by their respective chief officers.

7.1.3. The AMC will be co-chaired by the EC representative and the MDDEP or MRNF-FQ representative. The MDDEP and the MRNF-FQ representatives will co-chair the AMC in alternate years. The twco-chairs will chair alternate meetings.

7.2. Duties and responsibilities of the AMC

The AMC will carry out the following duties and responsibilities, in accordance with the principles of cooperation set out in section 4:

7.2.1. Ensure the effective implementation of this agreement;

7.2.2. Exchange information about the annual programming of each of the government entities covered by this agreement relating to the protection and recovery of species at risk and their habitats;

7.2.3. Establish the list of species at risk of common interest;

7.2.4. Establish priority protection and recovery activities for species at risk of common interest, including joint programming, and harmonize planning and recovery schedules, having regards to, in particular, the activities proposed by each Party, deadlines to be met, workloads and available resources;

7.2.5. For the purposes of this agreement and in accordance with the principles set out in subsections 4.1 and 4.2, determine which Party will take precedence in respect of the leadership of activities relating to the protection and restoration of species at risk of common interest and their habitats and coordinate them;

7.2.6. Having regard to the interests of each of the Parties and based on the principles established in this agreement, agree to the methods to be used for implementing the annual or multi-year joint programming covered by this agreement;

7.2.7. Coordinate the efforts of the government entities involved in creating, developing, implementing and evaluating the activities covered by this agreement;

7.2.8. Identify costs and determine the methods by which the costs that may be incurred under this agreement will be shared;

7.2.9. Monitor the implementation of joint programming in order to make any changes that may be necessary;

7.2.10. Facilitate the creation and operation of recovery teams organized by the Parties;

7.2.11. Propose the directions to be taken, and encourage complementarity and coordination, in stewardship and voluntary conservation programs for species at risk of common interest and their habitats;

7.2.12. Monitor the activities of the Species at Risk Habitat Stewardship Program Implementation Council;

7.2.13. Establish joint communications priorities, needs and activities relating to the application of this agreement;

7.2.14. Recommend amendments to this agreement to the Ministers who have signed this agreement;

7.2.15. Establish any working committees that may be needed for the implementation of this agreement;

7.2.16. Submit an annual report on the management of the agreement to the Ministers who have signed this agreement;

7.2.17. Recommend any other measures that may be needed in order for this agreement to be carried out in full and its objectives to be achieved to the Ministers who have signed the agreement; and

7.2.18. One year before the end of this agreement, initiate an evaluation of the agreement and administration of the agreement for consideration in the event that it is renewed.

7.3. Administration and operation of the AMC

7.3.1. AMC members shall:

  1. meet at least twice a year;
  2. establish procedures for their meetings; and
  3. establish other provisions for the administration and operation of the AMC.

7.3.2. The Parties agree that decisions of the AMC shall be made by consensus of all members of the AMC.

8. Designation

8.1. Committee on the Status of Endangered Wildlife in Canada (COSEWIC)

8.1.1. The Parties will collaborate in the activities of COSEWIC.

8.1.2. The Parties will exchange information regarding COSEWIC status reports on which they make comments.

8.1.3. The Parties will produce a list of species potentially at risk in Quebec, where needed, and the list will be submitted to COSEWIC.

8.2. Quebec advisory committees

8.2.1. Quebec will inform Canada and, where needed, request Canada's expertise regarding species being assessed by the Advisory Committee on Plant Species and the Advisory Committee on Animal Species. Quebec will consult Canada when migratory bird and aquatic species for which management was not delegated tit are assessed by the Quebec advisory committees.

8.2.2. Canada will provide its expertise when it is requested by the Quebec advisory committees.

8.3. Statements in response to proposals by COSEWIC

In accordance with a commitment made to the CESCC, Quebec will contribute, as needed, to the production of response statements regarding species under its responsibility or for which management has been delegated tit.

8.4. Exchange of information

8.4.1. Each Party will inform the other regarding progress in cases involving the designation of species at risk.

8.4.2. The Parties will exchange the information that is needed for designating species at risk, including assessments of the potential socio-economic impacts, as needed.

8.5. Emergency situations

Each Party will inform the other when an emergency situation relating to the protection of a species at risk arises.

8.6. Administrative classification

The Parties will establish an administrative classification of species at risk so that equivalency can be established between the COSEWIC classification and the Quebec classification.

9. Protection and Recovery

9.1. Planning and implementing recovery

9.1.1. Residence

The Parties will collaborate to determine the residence of individuals of species at risk of common interest.

9.1.2 Preparation of recovery planning documents

9.1.2.1. The Parties will collaborate on the creation and operation of their recovery teams and on the preparation of recovery planning documents for species at risk of common interest.

9.1.2.2. Canada will give preference to using the recovery planning documents prepared by Quebec for species at risk of common interest in preparing recovery strategies, management plans and action plans. The Parties shall collaborate so that these documents can be used by Canada.

9.1.3 Identifying critical habitats

When preparing recovery planning documents, the Parties will cooperate in identifying critical habitats of species at risk of common interest.

9.1.4 Socio-economic assessments

The Parties will collaborate in producing assessments of the socio-economic impacts of the implementation of recovery planning documents.

9.2. Implementing recovery 

9.2.1. Protecting critical habitats

For species at risk of common interest, precedence will be given to Quebec in the leadership of protection activities for critical habitats, in accordance with subsection 4.1.

9.2.2. Stewardship and voluntary conservation

9.2.2.1. The Parties will promote complementarity in their stewardship and voluntary conservation activities and programs for the protection of species at risk and their habitats. Among other things, when establishing priorities they will seek to focus their efforts on zones and ecosystems of common concern in relation to the protection and recovery of species at risk of common interest.

9.2.2.2. The Parties will consult each other when developing and approving stewardship or voluntary conservation projects relating to species at risk.

9.2.2.3. Under Canada's Species at Risk Habitat Stewardship Program, Canada uses and adapts the model contribution agreement set out in Schedule D, according to projects and circumstances.

10. Authorizations

10.1. The Parties will exchange information regarding the issuance of authorizations to carry on activities that will affect a species at risk, the residences of its individuals or any part of its critical habitat, and will establish the necessary measures for coordination in this regard.

10.2. The Parties agree to form a working group within 30 days of the date on which this agreement is signed, which will be responsible for proposing the necessary coordinating mechanisms in relation to authorizations to carry on an activity that affects a species at risk, the residences of its individuals or any part of its critical habitat.

11. Application of legislation

11.1. The Parties will exchange information regarding their plans for applying legislation.

11.2. For the purposes of exchanging information, the Parties will make a list of the critical habitats identified and the protection to be given teach of them.

11.3. In implementing this agreement, the Parties will examine the merits of various methods for applying their respective legislation and may add a schedule to this agreement relating to the application of legislation.

11.4. The Parties agree to form a working group on the application of legislation within 30 days of the date on which this agreement is signed, which will be responsible for proposing the necessary coordination mechanisms.

12. Monitoring

12.1 Monitoring of activities

The Parties will develop and implement a process for monitoring protection and recovery activities carried out in relation to species at risk of common interest and their habitats.

12.2 Progress reports

The Parties will collaborate when preparing progress reports on the implementation of recovery planning documents prepared under this agreement.

12.3 Evaluation of the effectiveness of protection and recovery activities

The Parties will periodically evaluate protection and recovery activities relating to species at risk of common interest, the residences of their individuals and their critical habitats that are carried out under this agreement.

13. Dispute resolution

13.1. In the event that consensus cannot be reached within the AMC, the decision will first be referred as follows: in the case of Canada, to the Assistant Deputy Minister for the Environmental Stewardship Branch of EC, the Special Adviser to the Deputy Minister- Species at Risk at DFO, and the Director General, Eastern Canada, at PC; in the case of Quebec, to the Associate Deputy Minister responsible for management of threatened or vulnerable species at MDDEP, the Associate Deputy Minister responsible for wildlife at MRNF, and the Assistant Deputy Minister responsible for commercial fisheries and aquaculture at MAPAQ.

13.2. The decision may then be referred as follows: in the case of Canada, to the Deputy Minister of EC, the Deputy Minster of DFO, and the Director General of PC; in the case of Quebec, to the Deputy Minister of MDDEP, the Deputy Minister of MRNF and the Deputy Minister of MAPAQ.

14. Financial Considerations

The Parties agree that the activities set out in this agreement will be funded:

14.1 by the responsible Party based on the requirements for implementing its legislation; and

14.2 under a cost-sharing formula established by the AMC when:  

  1. the Parties implement a joint activity;
  2. one of the Parties incurs costs that exceed what is required for implementing its own legislation; or
  3. the expertise of one Party is requested by the other Party.

14.3 Canada will cover the costs that arise under this agreement on the express condition that the Parliament of Canada votes the required credits for the fiscal year in which the costs are to be covered.

14.4 Quebec will cover the costs that arise under this agreement on the express condition that the National Assembly of Quebec votes the required credits for the fiscal year in which the costs are to be covered.

15. Term of the Agreement and Procedure for Amending

15.1 This agreement will come into effect on the date on which it is signed and will terminate on March 31, 2012. It may be renewed for an additional period of time to be determined by agreement between the Parties.

15.2 This agreement may be amended with the written consent of all the Ministers who have signed this agreement.

15.3 Either Party may terminate this agreement by giving nine months' written notice teach of the Ministers of the other Party who have signed this agreement.

SIGNED at Quebec City this 14th day of February 2007.

IN WITNESS WHEREOF, the duly authorized representatives of the Parties have signed.

For the Government of Canada:

_________________________________
Minister of the Environment and Minister responsible for the Department of the Environment and for the Parks Canada Agency.

_________________________________
Minister of Fisheries and Oceans and Minister responsible for the Department of Fisheries and Oceans

 

For the Government of Quebec:

_________________________________
Minister of Natural Resources and Wildlife

_________________________________
Minister of Sustainable Development, the Environment and Parks,

_________________________________
Minister of Agriculture, Fisheries and Food

_________________________________
Minister Responsible for Canadian Intergovernmental Affairs, the Canadian Francophonie, the Agreement on Internal Trade, Reform of Democratic Institutions and Access to Information

Schedule A. Knowledge

1. Sharing of information, methodologies and expertise

The Parties will create an inventory of existing databases for the purposes of this agreement and to assist in developing programming. They will share the data, methodologies and expertise they have on species at risk and their habitats. For that purpose, they will cooperate in order to improve accessibility to their databases and information systems.

The Parties recognize that locator databases for a number of species at risk are sensitive and that full disclosure of those databases could have a negative impact on those species. The Parties will therefore ensure that sensitive information is kept confidential and protected in accordance with the parameters set by the data owner and with the relevant legislation.

The Parties will respect intellectual property in the data and will cite sources.

2. Inventories and research

The Parties will work in concert to produce inventories to improve their knowledge of the distribution and abundance of the species at risk and their habitats in cases where the management of the species in question and/or their habitats is of concern to them.

The Parties will work in concert to initiate and conduct research projects designed to enhance understanding of the biology, ecology or habitat of species at risk of common interest in order to improve protection or provide for more effective recovery. Each Party will also inform the other about its research planning and ongoing projects.

The Parties will make a special effort to acquire knowledge about the species listed classified under “insufficient data” by COSEWIC or by the Quebec advisory committees and about species for which COSEWIC or the Government of Quebec is planning to prepare a status report.

3. Community knowledge and traditional knowledge of the Aboriginal communities

The Parties will work in concert to incorporate community knowledge and the traditional knowledge of Aboriginal communities in status reports, wherever possible, in the development and implementation of recovery measures and the management of species at risk of common interest.

4. Status reports

The Parties shall work in concert to prepare, develop and review status reports (by COSEWIC and the Government of Quebec) regarding species that are of concern to them and will provide any information that would improve the content of these reports.

5. Report on the general status of wildlife species in Canada

In accordance with a commitment made to CESCC, Quebec will participate in the work of the General Status of Wildlife in Canada National Working Group and, for the purpose of preparing the report on the general status of wild species in Canada, Quebec will prepare and review Quebec's priorities and submit them to Canada, using the methodology in use associated with the NatureServe international network of conservation data centres.

6. Document exchange

The Parties will implement a coordination process to ensure that the documents required by either Party are provided to that Party.

Quebec will make available to Canada status reports and planning and recovery documents produced under the Act respecting threatened or vulnerable species.

Canada will make available to Quebec status reports and planning and recovery documents produced under the Species at Risk Act.

7. Assessment of the environmental impacts of projects

The Parties will exchange the information that is available and will provide opinions for the purpose of assessing environmental impacts on species at risk and their habitats, for projects that are subject to the environmental assessment processes that are applied by Canada and Quebec. The information and opinions will include not only an assessment of impacts, but also the measures to be taken to mitigate and monitor the impacts on species at risk and their habitats. Measures relating to species at risk and their habitats will be developed having regard to the applicable planning and recovery documents.

Schedule B. Consultations

1. General Provisions

The annual schedules for consultations prepared by each of the government entities covered by this agreement will be considered by the AMC in developing joint programming, in particular in order to avoid duplication of consultations.

The Parties will promote the production of joint materials for the consultation activities they plan to carry out jointly.

2. Consultation with Aboriginal communities and organizations

Canada will collaborate in the consultations with Aboriginal communities and organizations and with wildlife management boards carried out by Quebec in the process associated with the designation or recovery of species at risk, where needed.

Quebec will collaborate in the consultations with Aboriginal communities and organizations and with wildlife management boards carried out by Canada in the process associated with the designation or recovery of species at risk, where needed.

The Parties will seek the cooperation of directly concerned Aboriginal communities and organizations, and of wildlife management boards that are directly affected in preparing any planning or recovery document relating to a species at risk, notably on land covered by a land claims agreement or on reserve lands.

For the purposes of such consultations, the Parties will:

  1. identify the Aboriginal communities and organizations and wildlife management boards they will ask to collaborate;
  2. determine the most appropriate collaboration process;
  3. determine their respective roles and responsibilities; and
  4. coordinate their activities.

They will also jointly consider the political issues relating to participation by the Aboriginal peoples and the possibility of using methods that are likely to promote collaboration.

3. Consultation with other stakeholders

Canada will collaborate with Quebec in order to consult with the persons or organizations to whom they believe the process associated with the designation or recovery of species at risk is of concern, where needed.

Quebec will collaborate with Canada in order to consult with the persons or organizations to whom they believe the process associated with the designation or recovery of species at risk is of concern, where needed.

For the purposes of these consultations, the Parties will:

  1. identify the persons or organizations affected;
  2. determine the most appropriate consultation process;
  3. determine their respective roles and responsibilities; and
  4. coordinate their activities.

Schedule C. Joint Communications Activities

Subject to their respective legislation, the Parties will endeavour to achieve the following communications objectives:

  1. inform the public, landowners, businesses, non-governmental organizations, Aboriginal communities and organizations, and any other person to whom activities undertaken to protect species at risk of common interest and their habitats are of concern, about those activities;
  2. report on the results obtained by the Parties, specifically regarding the commitments made in this agreement;
  3. maintain a positive public image by ensuring that communications messages in relation to the activities carried out under this agreement are consistent;
  4. ensure that the Parties are equitably represented and visible in implementing this agreement and in the protection and recovery of species at risk of common interest and their habitats.

For that purpose, the Parties will:

  1. establish directives relating to advertising, promotion, media relations, visual identification, event organization and published materials;
  2. carry out communications activities that are compatible with activities relating to the protection and recovery activities for species at risk of common interest and their habitats on which the Parties collaborate;
  3. inform and explain to the public the Parties' commitment to coordinating activities relating to the protection and recovery of species at risk of common interest undertaken by the Parties;
  4. ensure that the Parties are equitably represented in all communications and are equally visible in matters relating to joint activities;
  5. communicate transparently and honestly at all times;
  6. establish common communications activities in relation to the management and recovery of species at risk of common interest and their habitats;
  7. ensure that both Parties follow the procedures established for approval of communications activities.

Each of the government entities covered by this agreement will designate a person to be the portal for all joint communications activities undertaken under this agreement. The role of that person will be to make recommendations regarding the joint communications activities discussed by the AMC and ensure they are carried out.

Joint communications activities will be managed in accordance with a procedure established by the government entities concerned.

The Parties will develop any mechanism, process or other tool that may be useful to ensure that joint communications activities are carried out properly, where needed.

Schedule D. Model Contribution Agreement to be Used for the Habitat Stewardship Program For Species at Risk

Contribution Agreement

The date on which this agreement comes into force is the "Date".

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by "the Minister of the Environment or the Minister of Fisheries and Oceans or the Minister responsible for the Parks Canada Agency" or the Minister's delegate, hereinafter the "Minister", who is the Minister responsible for "the Department of the Environment, hereinafter 'EC', or the Department of Fisheries and Oceans, hereinafter 'DFO', or the Parks Canada Agency, hereinafter 'PC"'

AND

"Organization" (the "recipient")

Whereas the Minister wishes to implement the Habitat Stewardship Program (HSP or Program) for Species at Risk and is authorized to enter into an agreement with the recipient to pay contributions for the costs of conservation measures and programs targeting wildlife species such as the activities described in Schedule 2.

Whereas the Minister wishes:

  • to contribute to the recovery and protection of the habitat of priority listed species and other species of special concern;
  • to assist groups, associations and organizations in Canada in planning, managing and carrying out projects and initiatives for the protection, conservation, improvement and restoration of habitats, sites and ecosystems;
  • to encourage Canadians and Canadian organizations to become actively and concretely involved in stewardship projects to benefit species at risk and in initiatives that will produce tangible and measurable positive results for the environment;
  • to raise and improve Canadians' awareness and comprehension in relation to habitat stewardship as a conservation tool for the recovery of species at risk;
  • to foster better informed public judgment and encourage ecological measures by promoting the exchange of information within communities, non-governmental organizations, industry and the general public and experts;
  • to enable "EC or DFO or PC" to respond to specific needs and new issues relating to regional plans and ecosystem plans;
  • to obtain public funding other than federal funds, voluntary support in kind and financial support for habitat stewardship projects;
  • too support federal participation in initiatives, programs and activities that promote the recovery of species at risk.

Whereas the recipient has already obtained contributions from other interested parties totalling $"Contributions by partners";

Therefore, this agreement witnesses that in consideration of the mutual agreements and obligations set out below, the Minister and the recipient (hereinafter referred to as the "Parties") agree as follows:

1. Objective

The objective of the agreement is to provide contributions to enable the recipient to "Objectives".

The results will be used by the recipient and the Minister to promote the conservation of species at risk and their habitat and to demonstrate the important role played by stewardship.

2. Activities undertaken by the recipient and anticipated results

The main results anticipated from this contribution, and the activities to be undertaken by the recipient in order to achieve them, are:

"Activities"

Schedule 2 contains a detailed description of the project and is part of this agreement.

3. Maximum amount of contribution
  1. The Minister agrees, subject to the terms and conditions of this agreement, to share in the eligible expenses described in this agreement that the recipient may incur for the purpose of the activities described in the agreement, ta maximum of $"HSP".
  2. The total value of the funds received by the recipient for the purposes set out in Schedule 2 will be $"TOTAL". Of that amount, the total public funds will be $"GovTOTAL", or "%" of the total.
4. Eligible expenses

The recipient agrees that the payments set out in section 3 shall be applied to the eligible expenses incurred in carrying out the activities described in Schedule 2 to the agreement. Eligible expenses are expenses that are incurred on or after the "Date" and that are incurred for:

  • human resources, including wages and benefits;
  • contractual and professional services, including expenses relating to accounting, audit, supervision, legal services and other fees;
  • travel expenses and expenses for on-site activities;
  • the costs of materials and supplies;
  • the costs of liability insurance directly attributable to the implementation of the project;
  • a reasonable proportion of general or administration expenses and rental expenses, where "reasonable" means expenses directly attributable to the implementation of the project;
  • any GST or HST not refundable by the Canada Revenue Agency (CRA);
  • the costs of printing and production;
  • communications and distribution expenses;
  • the purchase of equipment (see section 11 );
  • vehicle rental and operating expenses;
  • habitat protection costs associated with purchasing private land or protecting land without purchasing it (i.e. servitudes or agreements).

Costs other than those authorized in this agreement are not eligible unless the Minister approves them in writing at the time the project is approved.

For all costs, only costs determined to be reasonable for the purpose of carrying out the project are considered to be eligible.

5. Payment method and instalments

The following requirements must be met before a payment is made:

  1. Before the agreement is signed, the recipient shall provide (1) a work plan (as set out in Schedule 2) and (2) a cash flow statement for the period beginning on the date on which the agreement comes into force and ending on March 31, "Year'' (as set out in Schedule 3).
  2. Having regard to the limits set out in section 3, and in accordance with Canadian legislation relating to financial administration, as amended, the Minister agrees to pay the contribution to the recipient, based on cash flow needs for the periods shown, as determined by the cash flow forecasts set out in Schedule 3, as follows:
    • an initial payment in a maximum amount of $"Amount", less a 10% withholding, when the agreement is signed, to cover start-up expenses for the activities described in Schedule 2, based on the cash flow forecast agreed to (Schedule 3), which indicates that the funds are required;
    • a subsequent advance payment in a maximum amount of $"Amount", less a 10% withholding, on "Date";
    • a subsequent advance payment in a maximum amount of $"Amount", less a 10% withholding, on "Date";
    • a final payment of any balance owing, including the 10% withholding, in a maximum amount of $"Amount", when the activities described in Schedule 2 have been completed and upon receipt of an acceptable final report on the project and a description of all expenses incurred, in accordance with the provisions of paragraph 6(b).
  3. Any interest earned by the recipient on advance payments may be used only to cover the eligible expenses described in section 4.
6. Submission of reports
  1. With each request for advance payment, the recipient shall provide a progress report, which will include (1) a brief financial report explaining expenses and revenue in relation to the project for the preceding period and an updated statement of cash flow needs for the subsequent period, and (2) a progress report providing a brief update on progress made during the preceding period in relation to the activities described in the work plan for the project in Schedule 2.
  2. The recipient shall provide a final report on the project within 30 days following the date set out in paragraph 5(a). The final report shall include (1) a report describing all expenses incurred and all revenue in
    relation to the project (including matching resources), and (2) a report on activities and indicators relating to the achievement of the results described in Schedule 2.
  3. The recipient agrees that the Minister will withhold 10% of the total contribution until the project has been completed to the satisfaction of the Minister and the recipient has submitted its final report on the project approved by the Minister.
  4. For progress reports and the final report, the recipient agrees to use the models provided by the Minister.
7. Invoices or payment requests
  1. All invoices or payment requests shall be sent to:

    "Name"
    "EC or DFO or PC"
    "Address"
    "City", Quebec "Postal Code"

  2. All payments to the recipient shall be sent to:

    "Name"
    "EC or DFO or PC"
    "Address"
    "City", Quebec "Postal Code"

8. Accounting records and financial statements

The recipient agrees to keep accounting books and records for the expenses and revenue associated with the purpose of the agreement, and in particular invoices, receipts and other supporting documents relating to such expenses and revenue. The recipient will provide financial statements and financial forecasts in accordance with the provisions of the agreement and shall carry on its financial activities in accordance with generally recognized accounting principles and practices. For the purposes of this agreement, the recipient shall retain the financial statements, supporting documents and other relevant documents relating to the project for at least three years after the expiry of the agreement.

9. Debts to the federal government

The recipient states that it has declared any amount owing to the federal government under legislation or contribution agreements, and acknowledges that the Minister may set off any amount owing to the recipient against the debt owing to the department.

10. Intellectual property

All intellectual property rights arising out of this project shall belong to the recipient. The recipient grants the Minister non-exclusive authorization, by licence, to produce, publish, translate, reproduce, disseminate, adapt or use the work subject to such intellectual property rights, free of charge, as long as the recipient's name is stated.

11. Equipment

Upon termination of this agreement, any equipment having a value of $5,000 or less that has been purchased by the recipient with funds provided by the Minister under this agreement shall be retained by the recipient, unless otherwise agreed.

Upon termination of this agreement, any equipment having a value of more than $5,000 that has been purchased by the recipient with funds provided entirely by the Minister under this agreement and that has not been physically incorporated into the product of the project may, at the discretion of the Minister, be:

  1. donated to a registered charitable association by the recipient;
  2. retained by the recipient, where the project has become financially independent and the equipment is needed for its continuing viability;
  3. sold by the recipient at fair market value and the proceeds used toward the expenses of the project;
  4. returned to the Minister free of charge and at no further expense;
  5. dealt with in another manner approved by both parties.

The Minister shall not be liable for any loan, rental or other contractual obligation incurred by the recipient for the purpose of purchasing equipment.

12. No partnership

The Minister and the recipient expressly disclaim any intention to create a partnership, joint venture or agency. It is understood that nothing contained in this Agreement and no acts of the Minister or the recipient shall be deemed to create a partnership, joint venture or principal and agent in any way or for any purpose. The recipient shall not represent the Minister and shall not give the impression that it is an agent of the Minister. No party shall be authorized to act on behalf of the other party or to assume the obligations or liabilities of the other party.

The recipient assumes, as regards the Minister, all obligations for which the Minister may be held solidarily liable with the recipient in the event that any joint venture, partnership or agency relationship with the recipient is found to exist. It is nonetheless agreed that the recipient assumes no liability for any obligations of the Minister attributable to an act or omission of the Minister or of the Minister's agents from which it may be concluded that the Minister or the Minister's agent has entered into a joint venture, partnership or agency relationship with the recipient.

13. Term

This agreement shall be binding on the parties for the period beginning on the date on which it comes into force and ending on "Date".

14. Amendments

This agreement may be amended. In order for any amendment made to this agreement to be valid, it must be made in writing and be signed by the representatives of both parties, in accordance with the law.

15. Termination

The Minister may terminate this agreement and withdraw from the project in the event that, in the Minister's opinion, the recipient has failed to adhere to the initial objectives set out in Schedule 2.

In addition, the recipient or the Minister may terminate this agreement by giving the other party one month's notice in writing. The Minister shall pay any expenses incurred by the recipient and the irrevocable undertakings taken by the recipient for the purposes set out in Schedule 2.

This agreement and the obligations of the Minister under this agreement will terminate upon the receipt by the Minister of a notice that the recipient has died, been dissolved or become insolvent.

16. Complete agreement

This agreement, together with Schedules 1, 2 and 3, comprises the complete agreement between the parties and replaces any other communication or negotiations and any other agreement or arrangement made between them at any date prior to this agreement.

17. Priority of documents

The documents set out below are part of the agreement and are incorporated into the agreement. In the event of any discrepancy between the content of any of the documents set out in the list, the content of the document that appears first on the list will prevail over the content of the schedules that appear below it on the following list:

  1. (a) the written contribution agreement signed by the parties
  2. (b) Schedule 1 -Terms and Conditions
  3. (c) Schedule 2- Project Description
  4. (d) Schedule 3- Cash Flow Statement

IN WITNESS WHEREOF, the parties have signed this agreement on the date first stated below:

FOR THE RECIPIENT
"Name"
"Position"
"Organization"

_____________
Signature

_____________
Date

_____________
Witness

FOR HER MAJESTY THE QUEEN IN RIGHT OF CANADA
"Name"
"Position"
"EC or DFO or PC"

_____________
Signature

_____________
Date

_____________
Witness

 

SCHEDULE 1: Terms and Conditions of the Contribution Agreement

1. DEFINITIONS:

Unless otherwise indicated by the context:

  • "Fiscal year" means the period or part of the period beginning on April 1 and ending on March 31 of any year covered by the agreement;
  • "'Minister" means "the Minister of the Environment or the Minister of Fisheries and Oceans or the Minister responsible for the Parks Canada Agency" and includes any person expressly authorized to act for the Minister;
  • "Department" means "the Department of the Environment or the Department of Fisheries and Oceans or the Parks Canada Agency";
  • "Agreement" means the contribution agreement, the terms and conditions in Schedule 1, Schedule 2 and Schedule 3 and any amendments thereto, and the program that is part of the agreement;
  • "Recipient" means the organization or person who receives the contribution and is responsible for carrying out and administering the agreement;
  • "eligible recipient" means a not-for-profit organization or government agency that has nature conservation as one of its core objectives;
  • "Financial audit" means any review of the accounts and records of a recipient or of other information deemed by the Minister to be essential in the circumstances;
  • "Government of Canada" means Her Majesty the Queen in right of Canada;
  • "HSP" or "Program" means the Habitat Stewardship Program for Species at Risk;
  • "Project" means this contribution agreement and all activities covered by it.

2. SUPPLY

Payment of any amount under this agreement shall be subject to supply being voted by Parliament for the fiscal year in which the payment is to be made. The Minister may cancel or reduce the contribution in the event that funding levels are reduced by Parliament.

3. PERSONS WHO MAY NOT BENEFIT FROM THE AGREEMENT

No Member of the House of Commons or the Senate shall be eligible to any share of part of this agreement or to benefit therefrom.

No public office holder or former public servant who is not in compliance with the Conflict of Interest and Post-Employment Code for Public Office Holders or the Conflict of Interest and Post-Employment Code for the Public Service will be admitted to any benefits that may arise from this agreement.

4. LIABILITY

The recipient agrees to save harmless and indemnify Her Majesty and her officials, servants employees or agents at all times against any and all suits, claims, demands, losses, costs, damages, actions or causes of action or other proceedings made, asserted or brought by any third party arising out of or resulting in any way from the performance of this agreement or from any measure taken or thing done or continued under this agreement, or the exercise in any way of a right set out in this agreement, unless it is a claim for damages resulting from the negligence of an official, servant, employee or agent of Her Majesty in the course of performing his/her duties or
employment

5. LIMITED LIABILITY

The recipient acknowledges that the Minister's sole liability under this agreement is for the funds to be advanced under the terms and conditions as agreed, and more specifically that the Minister is not liable for the recipient's loans, leases or other obligations.

6. NON-COMPLIANCE

In the event that the Minister or the recipient fails to comply with the terms and conditions of this agreement, either party may give 30 days' written notice of such noncompliance to the other. If the Minister or the recipient fails to comply within the period stated in the notice, the party who gave notice may cancel, suspend or limit the effect of this agreement at the end of the 30-day period. The Minister may demand repayment of funds already paid to the recipient that have not yet been used or that are payable to a third party. The parties may elect any other legal or equitable remedy that they deem to be appropriate in the circumstances. In the event of a dispute concerning noncompliance, the agreement shall be deemed to be valid until such dispute has been resolved in accordance with the provisions of this agreement (see "Dispute Resolution").

7. OVERPAYMENT AND STACKING

In the event that the payments made to the recipient under this agreement exceed the amount required or used by the recipient or have been used to refund expenses that are not in compliance with this agreement, as set out in this agreement, the overpayment shall become immediately payable to the Minister. If the Minister's initial contribution payments are not required by the recipient or have been used to refund expenses that are not in compliance with this agreement or were not used, any overpayment must then be paid immediately to the Minister. Where an overpayment must be repaid, an amount equal to the overpayment may be deducted from any amounts that might be owing or payable to the recipient.

The maximum level (stacking limit) of total assistance from public funds (for the same eligible expenses) for this program shall not exceed 100 percent of eligible expenses. The stacking limit must be adhered to when assistance is provided.

In the event that total actual assistance from public funds paid to a recipient exceeds the stacking limit, it will be necessary to adjust the level of assistance provided by the contribution program (and seek reimbursement, where necessary) to ensure that the stacking limit is not exceeded. Otherwise, the contribution agreement may be amended to expand the scope of the work in order to use all the additional funds.

8. AUDIT

The Department reserves the right to audit the recipient's accounts and records, or to have them audited, in order to ensure compliance with the terms and conditions of this agreement, and the recipient shall make such records, documents and information relating the project available to the auditors as the auditors may deem to be necessary. The scope, coverage and timing of the audit shall be determined by the Minister, and where an audit takes place it may be conducted by employees or agents of the Minister.

The Department may elect to rely on the opinion of an outside auditor chosen by the recipient concerning compliance with one or more of the terms and conditions of this contribution. Such opinion shall be supported by audited financial statements or by a statement of the disposition of the federal contribution funds.

9. AUDIT RESULTS

The Minister agrees to inform the recipient of the financial results of the audit and to pay the recipient, as soon as possible after the audit, any amount that the audit determines to be due and payable to the recipient. The recipient agrees to pay to the Minister, after being informed of the results of an audit, any amount that the audit determines to be due and payable to the Minister.

10. EVALUATION

The Minister or the Minister's agents may, at their discretion, evaluate the effectiveness of this agreement. The recipient agrees to cooperate with the Minister if the Minister decides to conduct an evaluation. The recipient's cooperation will include, but not be limited to, providing the Minister and the Minister's contractors or employees with access to the recipient's resources and records relating to the project, and to any information that might be required by the Minister in relation to this project, during the term of this agreement or within a reasonable period of time after the expiry of the agreement.

11. PAYMENTS IN THE EVENT OF TERMINATION OF THE AGREEMENT

If this agreement is terminated for a stated reason, the Minister or the recipient may reduce the amounts to be paid by all or part, and the recipient shall repay to the Minister any amount that is unused or payable to a third party on the date of termination.

12. INTEREST

Interest on any amount owing to the Minister under this agreement shall be payable to the Receiver General of Canada; the Minister may also waive payment of interest, as provided by the Interest and Administrative Charges Regulations under the Financial Administration Act. Interest will in all cases run:

  • from the date on which it was due, for amounts that remain unpaid and for other arrears;
  • from the date on which an overpayment is made;
  • in the event of a repayable contribution, from the date on which repayment of all or any part of the amount must be made, whether it is owing or not, in a single payment or on various dates.

13. SALES TAX

No contribution is payable by the Minister for the portion of the cost of any eligible goods or services representing the goods and services tax (GST} or the harmonized sales tax (HST) paid for goods and services for which the recipient is entitled to claim an input tax credit or a rebate. The expression "eligible goods and services" means any goods or services purchased by the recipient in the performance of this agreement and covers costs for which the Minister has agreed to pay a contribution.

14. SURVIVAL OF CONDITIONS

The representations, warranties, covenants and agreements set out in this agreement between the parties shall continue to be valid in the event that the project terminates after the expiry of the agreement, in accordance with the undertakings set out in Schedule 2 to this agreement.

15. WAIVER OF RIGHTS

Waiver of any rights arising from a breach of a representation, warranty, covenant or agreement shall not be construed as waiver of the right to rely on any subsequent breach. No waiver shall be effective unless it is given in writing.

16. NO AGENCY

Neither of the parties is the agent of the other party for the purposes of this agreement and no provision of this agreement should be construed as permitting any party to act as agent for another party.

17. COMMUNICATIONS

The recipient shall clearly identify the project clientele and take all necessary measures to communicate with the public.

18. PUBLIC ACKNOWLEDGMENT AND COMMUNICATIONS

The recipient agrees to recognize the Minister's contribution in its publications, in other media and in its public information releases when they refer to this agreement. All reports, articles and publications referring to this project, which is supported by the HSP, shall acknowledge the support of the HSP.

References in documents

The recommended text for this purpose is: "This project has been made possible in part through a contribution from the Habitat Stewardship Program for Species at Risk of the Government of Canada."

Logo

The logo used for the Government of Canada is: Logo

Documents in which the logo of the Government of Canada is reproduced must be submitted to the Department's project officer for approval before the documents are printed.

19. DISPUTE RESOLUTION

Any dispute between the parties concerning the interpretation or application of this agreement that cannot be resolved through negotiation may be submitted to a mediator, as agreed by the parties.

20. ACCESS TO PREMISES

The recipient agrees to allow the Minister to inspect the premises or sites where the activities funded under this agreement are being carried out.

21. CONFLICT OF INTEREST

As long as this agreement is in force, the recipient shall not carry on other activities that are incompatible with the activities covered by this contribution agreement.

22. INTEREST GROUPS

Any person who lobbies on behalf of a person seeking a contribution must be registered under the Lobbyists Registration Act.

23. LEGALITY

The recipient shall ensure that the activities or programs are carried on in accordance with the applicable law.

24. ASSIGNMENT

The recipient may not assign this agreement or any part of it, or make any payment under this agreement, without the written authorization of the Minister, but nothing shall prevent the recipient from seeking the assistance of other persons for the purpose of performing the obligations set out in this agreement.

25. ENVIRONMENTAL IMPACT ASSESSMENT

If the recipient carries out an environmental impact assessment, it shall comply with all mitigation measures and monitoring requirements set out in the relevant governmental environmental assessments.

26. TITLE TO LAND

The title to any land acquired under this agreement may be retained by the recipient, subject to the following conditions:

  1. The recipient agrees that any interest in real property acquired under this agreement will be administered for the conservation and management of wildlife species;
  2. The other contributions required in order to acquire lands under the project from other funding sources are provided to the recipient;
  3. The lands must be acquired free of any servitude that interferes with the perpetual use of the land for the conservation and management of wildlife species;
  4. The recipient covenants and agrees not to sell, transfer or otherwise alienate or place a servitude on the lands or any portion of the lands (except as described in paragraph (g) below). for any purpose other than the conservation and management of wildlife species;
  5. The recipient agrees to repay the full amount of the funds advanced by the Minister for the lands in the event that the lands or any portion of the lands is sold, transferred or otherwise alienated or that a servitude is placed on the lands for any purpose other than the conservation and management of wildlife species;
  6. The recipient agrees to complete the program components and purchase the lands before the date on which this agreement terminates;
  7. The lands may be transferred to another eligible recipient before the agreement is terminated. The terms and conditions set out below shall be included in any transfer of title.

In the event that a conservation agreement or conservation servitude in perpetuity is not possible, details regarding the term, specific conditions and relevant criteria from the list set out above should be included. Such agreements will be considered on a case by case basis.

27. NOTICE

  1. A notice to the recipient is given in an appropriate manner if it is delivered by letter or facsimile, pre-paid where applicable, to the address stated in the agreement or to any other address provided to the Minister by the recipient in writing. Any notice delivered in this manner shall be deemed to have been received by the recipient on the date when a letter or facsimile of that nature reaches its destination in the ordinary course of business.
  2. A notice to the Minister is given in an appropriate manner if it is delivered by letter or facsimile, pre-paid where applicable, to the address stated in the agreement or to any other address provided to the recipient by the Minister in writing. Any notice delivered in this manner shall be deemed to have been received by the Minister on the date when a letter or facsimile of that nature reaches its destination in the ordinary course of business.

SCHEDULE 2. Description of Project

"Title of Project"
by
"Organization"

SCHEDULE 3.

"Cash flow statement table"