Common use of COLLABORATIVE GOVERNANCE Clause in Contracts

COLLABORATIVE GOVERNANCE. APPROACH 7.1 Collaborative Governance in the Establishment and Management of a MPA by the Parties is intended to support and advance the specific MPA Site Design, including: a) identifying appropriate designation, legislative and regulatory tools, for Establishment of the MPA; b) identifying relevant Network Goals and Design Elements; and c) coordinating with relevant Decision Makers, or other authorities and agencies, as required to advance the MPA Site Design and Network Goals and Design Elements, including as it relates to proposed prohibitions or restrictions on activities that impact or are incompatible with the MPA Site Design. 7.2 Without limiting the generality of the foregoing, the Parties acknowledge the site- specific commitments they have made in section 9.1 of the MPA Network Agreement. 7.3 The Parties acknowledge that Establishment and Management of the MPAs may require multiple legal, legislative, or regulatory tools, and coordination and engagement with authorities responsible for those tools. 7.4 When agreed, the Management Representatives, or Decision Makers will facilitate the identification of appropriate forums to bring strategic or policy issues for further discussion, including engaging the Network Committee, for guidance on how to proceed when strategic and policy issues arise in the Establishment or Management of a MPA. 7.5 As needed for the Establishment and Management of a specific MPA, the work of the Management Representatives includes: a) Strive to make Consensus recommendations to their respective Decision Makers on matters related to MPA Establishment including: i) the identification and Establishment of proposed MPAs within Category 1, Category 2 Zones and Category 3 Areas as those categories are described in the Network Action Plan; ii) relevant proposed Site Design and prohibited uses and activities therein, feasibility, designation tools, and options, including how such MPA contributes to relevant Network Goals and Design Elements; iii) the final design and legal designation tool for a MPA, in accordance with each Party’s relevant jurisdictions, laws, authorities, and customs including any relevant legislative and/or regulatory requirements; iv) the development and finalization of any Establishment Agreement; v) the development of annual or multiyear workplans for Establishment; and vi) consistent with principles in the Conservation Plan attached as schedule 4 to the MPA Network Agreement, the development and implementation of interim conservation measures to provide protection to the MPAs while the Establishment process is completed. b) Strive to make Consensus recommendations to their respective Decision Makers, and Consensus decisions within the authority of the Management Representatives as appropriate, on matters related to MPA Management, including: i) the development and implementation of MPA Management Plans and all other Management Directions; ii) the development of agreements related to joint enforcement and compliance monitoring; iii) a process for the preparation and review of a MPA Management Plan for approval by the Parties’ Decision Makers; iv) uses and activities within a MPA which may impact (positive or negative) the Site Designs, Management Directions or Management; v) how to address strategic and site-specific policy issues related to MPA Management; vi) priorities and collaborative research, inventory, and monitoring activities; vii) signage, publications, outreach materials or other communications developed for a MPA; viii) the development of annual or multiyear workplans and budgets for Management; and ix) research and monitoring to understand and assess MPA performance and the effectiveness of MPA Management Plan and Directions, including implementation of the MPA Network Monitoring Framework. c) Further to section 7.5(b) (i) and as described in section 6.4, the Parties will develop one MPA Management Plan or consistent Management Directions for each MPA, developed collaboratively by the relevant Parties, including other NSB Network Nations. d) The Parties will work collaboratively to explore opportunities for designating or delegating Nation representatives to carry out the compliance and enforcement activities or authorities of Canada or BC. e) Subject to sections 7.5(f) and (g), and where the Parties agree, the Management Representatives may make recommendations to relevant Decision Makers or other authorities for their consideration in relation to the issuance, replacement, or renewal of Permits or Authorizations when activities authorized by such Permits or Authorizations may impact (positive or negative) the Site Design or Management of a MPA. f) Unless agreed by the relevant Parties, any decision that may ensue in relation to Permits and Authorizations described in section 7.5(e) by the relevant Decision Makers or other authorities will be made under their own processes and are not subject to this Agreement. g) Recommendations in relation to Permits or Authorizations referred to in section 7.5(e) do not apply to the individual issuance of Permits or Authorizations for activities allowed under any relevant MPA designation tool, Site Design or Management. For greater certainty, this provision does not prevent the Parties by agreement from making recommendations related to how an authorized use or activity may or may not be conducted within a MPA. h) Nothing in sections 7.5(e) to (g) restrict or otherwise apply to the Nation’s choice or ability to directly engage or consult with or strive to reach collaborative outcomes outside this Agreement with Decision Makers or other authorities in relation to the issuance, replacement or renewal of any Permit or Authorization. 7.6 The work of the Parties under this Agreement will be guided by the anticipated milestones and targeted timelines set out in the Conservation Pathways attached as Schedule 2. 7.7 The Parties recognize that as work progresses on the Site Design of a MPA, the identified tools for designation, the anticipated milestones and the targeted timelines in Schedule 2 may change, and, as new proposed MPAs are added to Schedule 1, additional anticipated milestones and targeted timelines will need to be added. The Parties will, by agreement, amend or replace Schedule 2.

COLLABORATIVE GOVERNANCE. APPROACH 7.1 Collaborative Governance in 8.1 The Parties acknowledge that protective and conservation measures are essential to achieving the Establishment and Management of MPA Network, including assisting the individual MPAs to function as a MPA by the Parties is intended network to support and advance the specific MPA Site Design, including: a) identifying appropriate designation, legislative and regulatory tools, for Establishment of the MPA; b) identifying relevant Network Goals and Design Elements; and c) coordinating with relevant Decision Makers, or other authorities and agencies, as required to advance . Working at the MPA Site Design and Network Goals and Design Elements, including as it relates to proposed prohibitions or restrictions on activities that impact or are incompatible with the MPA Site Design. 7.2 Without limiting the generality of the foregoingScale, the Parties acknowledge will explore and facilitate measures that could be made available at the site- specific commitments they have made in section 9.1 of the MPA Network Agreement. 7.3 The Parties acknowledge that Establishment and Management of the MPAs may require multiple legal, legislative, or regulatory tools, and coordination and engagement with authorities responsible for those tools. 7.4 When agreed, the Management Representatives, or Decision Makers will facilitate the identification of appropriate forums site level to bring strategic or policy issues for further discussion, including engaging the Network Committee, for guidance on how to proceed when strategic and policy issues arise in the Establishment or Management of a MPA. 7.5 As needed for the Establishment and Management of a specific MPA, the work of the Management Representatives includes: a) Strive to make Consensus recommendations to their respective Decision Makers on matters related to MPA Establishment including: i) the identification and Establishment of proposed MPAs within Category 1, Category 2 Zones and Category 3 Areas as those categories are described in the Network Action Plan; ii) relevant proposed Site Design and prohibited uses and activities therein, feasibility, designation tools, and options, including how such MPA contributes to relevant achieve Network Goals and Design Elements; iii) 8.2 The various responsibilities, jurisdictions and authorities held by the final design and legal designation tool for a MPAParties are required to design, in accordance with each Party’s relevant jurisdictions, laws, authoritiesadvance, and customs including any relevant legislative and/or regulatory requirements; iv) the development and finalization of any Establishment Agreement; v) the development of annual or multiyear workplans for Establishment; and vi) consistent with principles in the Conservation Plan attached as schedule 4 to implement the MPA Network Agreement, the development and implementation of interim conservation measures to provide protection to the MPAs while the Establishment process is completed. b) Strive to make Consensus recommendations to their respective Decision MakersNetwork, and Consensus decisions within the authority of the Management Representatives as appropriate, on matters related Parties are committed to MPA Management, including: i) the development and implementation of MPA Management Plans and all other Management Directions; ii) the development of agreements related to joint enforcement and compliance monitoring; iii) a process for the preparation and review of a MPA Management Plan for approval by the Parties’ Decision Makers; iv) uses and activities within a MPA which may impact (positive or negative) the Site Designs, Management Directions or Management; v) how to address strategic and site-specific policy issues related to MPA Management; vi) priorities and collaborative research, inventory, and monitoring activities; vii) signage, publications, outreach materials or other communications developed for a MPA; viii) the development of annual or multiyear workplans and budgets for Management; and ix) research and monitoring to understand and assess MPA performance and the effectiveness of MPA Management Plan and Directions, including implementation Collaborative Governance of the MPA Network Monitoring Framework.using the structures and processes set out in this MPA Network Agreement. DocuSign Envelope ID: 91D75C7A-A3C8-4216-8274-11B498E64ADE DocuSign Envelope ID: 4A51CAF4-9FDB-4ADD-9C17-0D249147F251 c) Further to section 7.5(b) (i) and as 8.3 The Parties acknowledge that the MPA Network will be advanced incrementally over time using the approach described in section 6.4, the Parties will develop one MPA Management Network Action Plan or consistent Management Directions for each MPA, developed collaboratively by the relevant Parties, including other NSB Network Nations. d) The Parties will work collaboratively to explore opportunities for designating or delegating Nation representatives to carry out the compliance and enforcement activities or authorities of Canada or BC. e) Subject to sections 7.5(f) and (g), and where the Parties agree, the Management Representatives may make recommendations to relevant Decision Makers or other authorities for their consideration in relation to the issuance, replacement, or renewal of Permits or Authorizations when activities authorized by such Permits or Authorizations may impact (positive or negative) the Site Design or Management of a MPA. f) Unless agreed by the relevant Parties, any decision that may ensue in relation to Permits and Authorizations described in section 7.5(e) by the relevant Decision Makers or other authorities will be made under their own processes and are not subject to this Agreement. g) Recommendations in relation to Permits or Authorizations referred to in section 7.5(e) do not apply to the individual issuance of Permits or Authorizations for activities allowed under any relevant MPA designation tool, Site Design or Management. For greater certainty, this provision does not prevent the Parties by agreement from making recommendations related to how an authorized use or activity may or may not be conducted within a MPA. h) Nothing in sections 7.5(e) to (g) restrict or otherwise apply to the Nation’s choice or ability to directly engage or consult with or strive to reach collaborative outcomes outside this Agreement with Decision Makers or other authorities in relation to the issuance, replacement or renewal of any Permit or Authorization. 7.6 The work of the Parties under this Agreement will be guided informed by the anticipated milestones and targeted timelines set out summarized in the Conservation Pathways attached as Schedule 2Plan. 7.7 The 8.4 Collaborative Governance under this MPA Network Agreement will strive to build Consensus among the Parties recognize that as work progresses on and their Decision Makers, facilitate reconciliation, and cooperative federalism. Collaborative Governance under this MPA Network Agreement will identify and address issues arising during the Site Design implementation of a MPAthe MPA Network, and assist, when requested, with issues and disputes arising under one or more Nation MPA Agreement. 8.5 Unless specifically agreed by the identified tools for designationParties in writing, this MPA Network Agreement does not replace or undermine the anticipated milestones and commitments or processes between some of the targeted timelines in Schedule 2 may change, and, as new proposed MPAs are added to Schedule 1, additional anticipated milestones and targeted timelines will need to be addedParties under other agreements. The Parties will, by agreementas appropriate, amend or replace Schedule 2promote efficiencies and synergies with the Nation MPA Agreements, this MPA Network Agreement, agreements related to Existing Sites, any Establishment Agreements, and other related Collaborative Governance agreements between the Parties on marine, land and resources in the NSB. 8.6 The Parties acknowledge that there may be instances in which bilateral Collaborative Governance between the Nations and Canada and between the Nations and British Columbia may enable efficiencies when implementing this MPA Network Agreement. 8.7 The Parties will use annual and multi year work plans to identify priorities and agreed upon targeted timelines for specific tasks in the implementation of the MPA Network. Wherever relevant, these workplans, priorities and timelines will consider and be consistent with relevant workplans, priorities and timelines reached under the Nation MPA Agreements and any Establishment Agreements.