Amending agreement: Intergovernmental partnership agreement for the conservation of the central group of the Southern Mountain Caribou
Amending agreement to the intergovernmental partnership agreement for the conservation of the central group of the Southern Mountain Caribou
between
His Majesty the King in Right of Canada,
as represented by the Minister of the Environment
(“Environment and Climate Change Canada” or “ECCC”)
(“Canada”)
- and -
His Majesty the King in right of the province of British Columbia, as represented by the Minister of Forests, the Minister of Land, Water and Resource Stewardship, the Minister of Environment and Climate Change Strategy, and the Minister of Energy, Mines and Low Carbon Innovation
(“BC” or “British Columbia”)
- and -
Saulteau First Nations,
a “band” within the meaning of subparagraph 2(1) of the Indian Act, R.S.C. 1985, c. I-5, as represented by its Chief and Council
(“Saulteau”)
- and -
West Moberly First Nations,
a “band” within the meaning of subparagraph 2(1) of the Indian Act, R.S.C. 1985, c. I-5, as represented by its Chief and Council
(“West Moberly”)
(Collectively the “Parties”, and individually a “Party”)
Whereas
1. On February 21, 2020, the Parties entered into the Intergovernmental Partnership Agreement for the Conservation of the Central Group of the Southern Mountain Caribou (the “Partnership Agreement”);
2. The Partnership Agreement provides for the establishment of new protected areas, the boundaries of which are identified, defined, and mapped in the Partnership Agreement;
3. The Parties have identified adjustments that they wish to make to the boundaries of the protected areas identified, defined, and mapped in the Partnership Agreement; and
4. The Parties desire to amend the Partnership Agreement in accordance with section 90 of the Partnership Agreement.
Now therefore the Parties mutually agree as follows:
1. The Partnership Agreement is amended:
1.1 By deleting Map 1 Caribou Recovery Area – Zone Map attached to the Partnership Agreement and replacing with the Map 1 Scope and Zones of the Partnership Agreement, April 2022 attached to this Amending Agreement as Schedule A.
1.2 By renumbering section 9 as section 9(1);
1.3 By adding the following clause as section 9(2):
“For greater certainty, the Zones depicted on Map 1 are the same as those reflected in the digital files dated 2021-06-22, available at the following internet link: https://www.for.gov.bc.ca/ftp/HTH/external/!publish/Caribou%20Recovery%20Program/Shapefiles/ . The link may be updated from time to time. If there is any discrepancy between Map 1 and the digital files, the digital files shall prevail.”
2. All clauses of the Partnership Agreement and Schedules to the Partnership Agreement which are not amended by this Amending Agreement will remain in full force and effect.
3. If any question or dispute arises between the Parties hereto over any provision of this Amending Agreement or the interpretation thereof on its effect, Sections 60 and 61 of the Partnership Agreement will apply.
4. No member of the Parliament of Canada will hold, enjoy, or be admitted to any share or part of any contract, agreement, commission, or benefit arising out of this Amending Agreement.
5. This Amending Agreement is binding upon the Parties.
6. This Amending Agreement may be entered into by each Party signing a separate copy of this Amending Agreement (including a photocopy or facsimile copy) and delivering it to the other Parties by facsimile transmission or email. All executed counterparts taken together will constitute one agreement.
7. This Amending Agreement will be effective as of the date of the last signature affixed hereto.
In witness whereof, the Parties hereto have executed and delivered this Amending Agreement by their duly authorized representatives as follows:
Saulteau First Nations
By:____Justin Napoleon______________
(print name)
Title: ____Chief_____________________
(print title)
Signature:_[original signed]___________
Signed this 29th day of November, 2022
West Moberly First Nations
By:____Roland Wilson_______________
(print name)
Title: ____Chief____________________
(print title)
Signature:_[original signed]___________
Signed this 14th day of November, 2022
His Majesty the King in Right of Canada, as represented by the Minister of the Environment
By:____Steven Guilbeault_____________
(print name)
Title: Minister of Environment and Climate Change___________________
(print title)
Signature:_[original signed]___________
Signed this 16th day of December, 2022
His Majesty the King in right of the Province British Columbia, as represented by the Minister of Forests
By:___Katrine Conroy_______________
(print name)
Title: __Minister___________________
(print title)
Signature:_[original signed]___________
Signed this 3rd day of November, 2022
His Majesty the King in right of the Province British Columbia, as represented by the Minister of Environment and Climate Change Strategy
By:____George Heyman______________
(print name)
Title: __Minister_____________________
(print title)
Signature:_[original signed]___________
Signed this 31st day of October, 2022
His Majesty the King in right of the Province British Columbia, as represented by the Minister of Energy, Mines and Low Carbon Innovation
By:___Bruce Ralston_________________
(print name)
Title: ___Minister____________________
(print title)
Signature:_[original signed]___________
Signed this 3rd day of November, 2022
His Majesty the King in right of the Province British Columbia, as represented by the Minister of Land, Water and Resource Stewardship
By:____Josie Osborne_______________
(print name)
Title: ____Minister___________________
(print title)
Signature:_[original signed]___________
Signed this 3rd day of November, 2022
Schedule A
Map 1 - Scope and Zones of the Partnership Agreement, April 2022
The Map 1 Caribou Recovery Area – Zone Map attached to the Partnership Agreement is deleted and replaced by the revised Map 1 Scope and Zones of the Partnership Agreement, April 2022.
Long description
Map 1 is a map of the “Scope and zones of the Partnership Agreement.” The area of interest is of east-central British Columbia, from approximately Hudson’s Hope in the North, the Alberta border in the east, Kakwa Park in the south and the Williston Reservoir in the west.
Within that broader area, the map shows a total of seven zones that are subject to management designations and directions, corresponding to the sections of the Partnership Agreement entitled Definition of Zones (paragraph 9(1)) and Management of Zones (paragraphs 10 through 18). These zones are divided into proposed sustainable resource activity areas (zones A1 and B1), and areas of protection, restoration and conservation (zones A2, B2, B3, B4 and B5).
The map also shows the location of the boundaries of provincial parks and protected areas, and municipalities within the area of interest.
Zone A2 is the largest area. It shows high elevation caribou habitat in mountainous areas from the northwest starting at the southern arms of Williston Reservoir, extending to the southeast to the northern extent of Kakwa Park.
Zone A1 is shown as smaller areas scattered throughout Zone A2, mostly west and south of Tumbler Ridge.
Zones B1 through B5 are located west of Hudson’s Hope and Chetwynd, and northeast of Mackenzie. Zone B3 is the largest of these subareas and borders on the eastern boundary of part of Zone A2, nearly surrounding Zone B2. Zone B2 is entirely within the boundary of Klinse-Za Park.
Zone B1 includes 5 non-contiguous areas to the north, east, and a little to the south of Zone B3.
Zone B4 is located adjacent to and east of Zone B3.
Zone B5 is also located adjacent to and east of Zone B3. It is south of Zone B4, separated by an area of Zone B1.