Summary of Canada-Honduras environment agreement

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• Preamble
• Part One: Definitions and Objectives
• Part Two: Obligations
• Part Three: National Point of Contact and Committee on the Environment
• Part Four: Accountability, Information Exchange and Procedures for Review of Obligations
• Part Five: Cooperation
• Part Six: General Provisions
• Part Seven: Final Provisions

Preamble

The Preamble sets out the shared foundations on which the Environmental Cooperation Agreement is based. It highlights common beliefs in the importance of conservation, protection and enhancement of the environment and the promotion of sustainable development. It recognizes the growing economic, environmental and social links between Canada and Honduras and the desirability of pursuing policies that promote sustainable development and sound environmental management. It also expresses the importance of transparency and public participation in the development of environmental laws and policies.

Part One: Definitions and Objectives

This section defines key terms used in the Environmental Cooperation Agreement and sets out its overarching objectives. These include fostering the protection and improvement of the environment; fostering sustainable development; strengthening cooperation between the Parties to achieve the objectives and obligations of the Agreement; promotion of compliance with environmental law; promotion of transparency and public participation; and promotion of economically efficient and effective environmental measures.

Part Two: Obligations

The Environmental Cooperation Agreement recognizes the right of each country to establish its own levels of domestic environmental protection and environmental development policies and priorities, and to adopt or modify accordingly its environmental law and policies. To this end, it includes the following:

• Commitments that require Canada and Honduras to ensure high levels of environmental protection and to continue to strive to develop and improve their environmental laws and policies. They also require the countries to effectively enforce their environmental laws through appropriate government action, and specify that Canada and Honduras shall ensure enforcement proceedings are available to sanction or remedy violations of environmental laws.
• A non-derogation clause that obligates the countries not to relax their environmental laws in order to encourage trade or investment.
• A commitment to maintain appropriate procedures to conduct environmental impact assessments and allow for public participation in these procedures.
• Provisions that require the countries to ensure that interested persons can request the investigation of alleged violations of environmental laws and that these requests be given due consideration in accordance with law. In addition, each country is obliged to ensure that enforcement proceedings are fair and equitable.
• Corporate Social Responsibility commitments that require Canada and Honduras to encourage voluntary best practices of corporate social responsibility by the enterprises operating in their countries, to strengthen coherence between economic and environment objectives.
• Commitments to promote the development and use of voluntary and incentive-based measures to enhance environmental performance and protect the environment, as well as performance goals and standards to measure environmental performance.

Part Three: National Point of Contact and Committee on the Environment

The Environmental Cooperation Agreement requires each country to designate a National Point of Contact. It also establishes a Committee on the Environment composed of officials of each Party, responsible for overseeing the implementation of the Agreement.

Part Four: Accountability, Information Exchange and Procedures for Review of Obligations

This section includes a provision that allows any person residing in or established in the territory of either country to submit a written question to either country on its domestic obligations or cooperative activities under the Agreement. That country is obliged to respond to the question and to make both the question and answer available to the public.

This section also includes the process and function of the procedures for review of obligations. The mechanism allows the countries to address any matter arising under the Environmental Agreement through consultations via the Committee. Matters related to obligations under the Agreement may also be addressed at the Ministerial level. In the case of a persistent pattern of failure by a country to effectively enforce its environmental laws, or a breach of the provision on non-derogation, a Review Panel may also be convened to make non-binding recommendations on the matter.

Part Five: Cooperation

This section of the Environmental Cooperation Agreement commits Canada and Honduras to develop cooperative activities to promote the achievement of the objectives and obligations of this Agreement, subject to the availability of appropriate resources. The countries are to decide on priority areas for environment-related cooperative activities, which may be carried out through activities such as exchange of experts; training and workshops; joint research projects; or, any other form of environmental cooperation that may be decided by the Parties.

It also commits the countries to meet no later than one year after the entry into force of this Agreement to review progress on cooperative activities, and to meet subsequently as agreed.

Part Six: General Provisions

This section commits the countries to consider undertaking a major review of the Agreement within the year following the fifth year after the date of its entry into force with a view to improving its operation and effectiveness.

In addition, this section commits the countries to inform the public of activities undertaken under the Agreement and endeavour to engage the public in such activities.

Part Seven: Final Provisions

This section includes a commitment for Canada to use its best efforts to make this Agreement applicable to as many provinces and territories as possible.

It also addresses issues relating to entry into force and amending the Agreement.