Canada–Quebec Agreement on the St. Lawrence 2011–2026

(St. Lawrence Action Plan 2011–2026)

SUPPLEMENTARY AGREEMENT #1

BETWEEN

THE GOVERNMENT OF CANADA, hereinafter referred to as “Canada,” represented by the Minister of the Environment responsible for the Department of the Environment

AND

THE GOVERNMENT OF QUEBEC, hereinafter referred to as “Quebec,” represented by the Minister of Sustainable Development, Environment and the Fight against Climate Change and the Minister responsible for Canadian Relations and the Canadian Francophonie

Hereinafter referred to as “the Parties.”

WHEREAS the Parties have signed the 2011-2026 Canada-Quebec Agreement on the St. Lawrence (St. Lawrence Action Plan 2011-2026) (hereinafter “the Agreement”) on January 9, 2012;

WHEREAS the Parties agree to continue implementing the Agreement as provided for;

WHEREAS section 6.2 of the Agreement states that, except for Appendices E and G, the appendices will be reviewed in the years ending on March 31, 2016, and March 31, 2021;

WHEREAS section 8.1 of the Agreement states that the Agreement ends on March 31, 2026, except for Appendices E and G, which end on March 31, 2016;

WHEREAS the Parties wish to conclude an amendment to the Agreement (“Supplementary Agreement # 1”) in order to replace Annexes A to G;

WHEREAS the Parties have agreed to add, to the new Appendix E, a new principle on climate change, as well as two new orientations entitled “Orientation 11: Document the riverine inputs to the St. Lawrence Estuary” and “Orientation 12: Improve knowledge related to the transportation of dangerous goods within the St. Lawrence system”;

CONSEQUENTLY, the Parties agree on what follows:

1. The Appendices A to G hereafter replace Appendices A to G that accompanied the Agreement when it was signed on January 9, 2012, and are valid for the period of April 1, 2016, to March 31, 2021.
2. All terms and conditions of the Agreement not covered by Supplementary Agreement #1remain unchanged and continue to apply;

NOW THEREFORE, the Parties acknowledge that they have read and accepted all of the provisions of this Supplementary Agreement #1 and have signed, in duplicate, on the dates indicated below:

For the Government of Canada

Catherine McKenna,

Minister of the Environment

Date: June 26, 2017

For the Government of Quebec

David Heurtel 

Minister of Sustainable Development, Environment and the Fight against Climate Change

Date: June 26, 2017

Jean-Marc Fournier                                                                

Minister responsible for Canadian Relations and the Canadian Francophonie

Date: July 17, 2017

APPENDIX A
Management of the agreement

1. Purpose

This appendix sets out terms and conditions for the management of the Agreement. These terms and conditions will contribute to the achievement of the expected objectives and results and to the effectiveness and coherence of the actions.

2. Objectives

The main objectives of this appendix are to

1. state the management structure for the implementation and monitoring of the Agreement;
2. state the Parties’ commitments regarding joint communications; and
3. state the Parties’ financial commitments for the purposes of this appendix.

3. Co-chairs of the Agreement

3.1 The management of the Agreement contributes to the achievement of objectives and expected results, to the effectiveness and coherence of the actions, to decision making, to communications, and to the monitoring of the Parties’ commitments. In order to ensure the implementation of the Agreement, the Parties agree to appoint co-chairs.

3.2 Co-chairs of the Agreement

1. The co-chairs of the Agreement are
   1. for Canada, the Regional Director General, Atlantic and Quebec Region, of Environment and Climate Change Canada; and
   2. for Quebec, the Assistant Deputy Minister for Climate Change, Air and Water of the  Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques.
2. The roles and responsibilities of the co-chairs are to
   1. oversee the implementation of the Agreement; and
   2. obtain the Parties’ approval for amendments to the Agreement.

4. Management Structure of the Agreement

The management structure of the Agreement, as illustrated in Figure 1, consists of:

• the Agreement Steering Committee (section 4.1);
• the Agreement Executive Committee (section 4.2);
• the Agreement Secretariat (section 4.3);
• Issue Committees for the Joint Action Program (section 4.4); and
• two Working Groups (section 4.5).

Figure 1. Management Structure of the Agreement

4.1 Agreement Steering Committee

4.1.1 Composition

The Agreement Steering Committee will be composed of                                                      

1. the Agreement co-chairs;
2. the co-secretaries responsible for the Agreement Secretariat, appointed by the Agreement co-chairs;
3. one representative of each participant, as listed in section 8 below;
4. two representatives of the Agreement Secretariat, responsible for coordinating the Agreement, namely one from Environment and Climate Change Canada and one from the Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques;
5. the Issue Committee and Working Group co-chairs;
6. the co-chairs of the Concertation Committees that are taking part in carrying out the Joint Action Program; and
7. two communications directors, one from Environment and Climate Change Canada and one from the Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques.

4.1.2 Roles and Responsibilities

The Agreement Steering Committee will

1. oversee the management of the Agreement;
2. delegate to the Agreement Executive Committee the responsibility for implementing the decisions made by the Agreement Steering Committee and overseeing day-to-day business;
3. ensure that a forum on the St. Lawrence is held, as described in Appendix B;
4. report regularly on the progress accomplished with regards to the orientations and objectives agreed upon in this Agreement;
5. recommend amendments to the Agreement to the co-chairs, if necessary;
6. recommend any other measures required for implementing the Agreement to the co-chairs;
7. ensure that the Issue Committees, Working Groups and Concertation Committees regularly consider any opportunities for helping advance the tasks relating to the issues and programs; and
8. discuss any other initiatives or concerns of the Parties regarding the St. Lawrence ecosystem and, if appropriate, recommend action that should be taken to the co-chairs.

4.1.3 Operations

1. If necessary during the course of the Agreement, each co-chair confirms in writing to his or her counterpart the names of the members of the Agreement Steering Committee.
2. The annual schedule for meetings of the Agreement Steering Committee will be determined ahead of time. The Agreement Steering Committee will hold at least two meetings a year focusing respectively on the three priority issues identified in the Agreement, namely biodiversity conservation, sustainable use, and improved water quality. 
3. If a member of the Agreement Steering Committee is unable to attend a meeting, he or she will be replaced by his or her designated substitute. The designated substitute must be able to make decisions on behalf of the organization that he or she represents.
4. Decisions by the members of the Agreement Steering Committee will be consensus-based whenever possible. If a consensus cannot be reached on a given topic, the decision will be made, also by consensus, by six members of the Agreement Steering Committee, namely three members chosen from each Party in accordance with the subject matter under discussion.

4.2 Agreement Executive Committee

4.2.1 Composition

The Agreement Executive Committee will be composed of

1. the Agreement co-chairs;
2. the co-secretaries; and
3. two representatives of the Agreement Secretariat responsible for coordinating the Agreement, namely one from Environment and Climate Change Canada and one from the Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques.

4.2.2 Roles and Responsibilities

The Agreement Executive Committee will

1. implement the decisions made by the Agreement Steering Committee and oversee day-to-day administrative business connected with the Agreement; and
2. organize the meetings of the Agreement Steering Committee and ensure follow-up on action items.

4.2.3 Change in Executive Committee composition

If necessary during the course of the Agreement, each co-chair confirms in writing to his or her counterpart the names of the members of the Agreement Executive Committee.

4.3 Agreement Secretariat

4.3.1 Composition

The Agreement Secretariat will be composed of

1. the co-secretaries;
2. two representatives responsible for coordinating the Agreement, namely one from Environment and Climate Change Canada and one from the Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques;
3. the leads for coordinating the Issue Committees and the Working Groups, namely one from Environment and Climate Change Canada and one from the Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques; and
4. two communications advisors, namely one from Environment and Climate Change Canada and one from the Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques.

4.3.2 Roles and Responsibilities

The Agreement Secretariat will

1. continuously monitor the progress of the joint actions provided for in Appendices C, D and E with the co-chairs of the Issue Committees and Working Groups;
2. provide coordination and logistical support to the three Issue Committees and two Working Groups;
3. liaise with the Issue Committees, Working Groups, Concertation Committees as well as any other entity related to the St. Lawrence Action Plan 2011–2026;
4. support the Agreement Steering Committee and Agreement Executive Committee in their responsibilities;
5. coordinate the dissemination of information about the Agreement to the public; and
6. subsequent to a Forum on the St. Lawrence, the Agreement Secretariat must plan and distribute the results, as applicable, especially to the participating stakeholders, Regional Round Tables and the Agreement Steering Committee.

4.3.3 Change in Secretariat Composition

If necessary during the course of the Agreement, each co-secretary confirms in writing to his or her counterpart the names of the members of the Agreement Secretariat.

4.4 Joint Action Program Issue Committees

An Issue Committee will be established for each of the three priority issues of the Agreement, namely biodiversity conservation, sustainable use, and improved water quality. These committees will be responsible for monitoring the progress of the joint actions in Appendix E, reporting on the achievement of set objectives, identifying obstacles to the implementation of projects and opportunities for developing other projects, and reporting on their work to the Agreement Steering Committee.

4.4.1 Composition

The Issue Committees will be composed of

1. the Issue Committee co-chairs, namely one representing Canada and one representing Quebec, appointed by the Agreement co-chairs;
2. representatives of the project leaders;
3. two representatives of the Agreement Secretariat responsible for coordinating the Issue Committees, namely one from Environment and Climate Change Canada and one from the Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques;
4. one communications advisor, namely one from Environment and Climate Change Canada and one from the Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques; and
5. other participants or collaborators as necessary.

4.4.2 Roles and Responsibilities

Each Issue Committee will

1. continuously monitor the progress of projects carried out under Appendix E with the project leaders and discuss the development of new projects and the linkages between them;
2. report annually to the Agreement Steering Committee on the progress of the projects and the achievement of the objectives;
3. communicate concerns stemming from its work to the Agreement Steering Committee; and
4. delegate representatives to attend the Forum on the St. Lawrence.

4.4.3 Change in Issue Committee Composition

If necessary during the course of the Agreement, each co-chair confirms in writing to his or her counterpart the names of the co-chairs of the Issue Committees.

If necessary during the course of the Agreement, the co-chairs of each Issue Committee will confirm in writing to the co-secretaries the names of their members.

4.5 Working Groups

The Working Groups will bring together experts from the federal government and the Quebec government with the goal of combining their efforts in state of the St. Lawrence monitoring and in environmental prediction. The results of their work will help support decision making regarding the St. Lawrence.

4.5.1 Composition

Each Working Group will be composed of

1. the Working Group co-chairs, namely one representing Canada and one representing Quebec, appointed by the Agreement co-chairs;
2. one representative of each participant involved in appendices C or D of the Agreement;
3. two representatives of the Agreement Secretariat responsible for coordinating the Working Groups, namely one from Environment and Climate Change Canada and one from the Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques;
4. one communications advisor, from either Environment and Climate Change Canada or the Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques; and
5. other participants or collaborators, if necessary.

4.5.2 Roles and Responsibilities

Each working group will

1. implement the programs set out in Appendices C or D;
2. report annually to the Agreement Steering Committee on the progress of its work;
3. communicate concerns stemming from its work to the Agreement Steering Committee; and
4. delegate representatives to attend the Forum on the St. Lawrence.

4.5.3 Change in Working Group Composition

If necessary during the course of the Agreement, each co-chair confirms in writing to his or her counterpart the names of the co-chairs of the Issue Committees.

If necessary during the course of the Agreement, the co-chairs of each Working Group will confirm the names of their members in writing to the co-secretaries.

5. Concertation Committees

5.1 Thematic Concertation Committees will be acknowledged or established by the Agreement Steering Committee to address crosscutting or specific problematics. These committees will be composed of representatives of Canada and Quebec, as well as collaborators involved in the problematics in question.

5.2 These Concertation Committees will play an advisory role to the Agreement Steering Committee, as shown in Figure 2 below:

Figure 2: Relationship of the Concertation Committees to the Agreement management structure

5.3 In addition to promoting concertation with a view to developing action plans and intervention strategies, the Concertation Committees must also report to the Issue Committees on their projects under the Joint Action Program. Furthermore, the co-chairs of the Concertation Committees will be members of the Agreement Steering Committee, will communicate concerns stemming from their concertation, and will be invited to participate in the Forum on the St. Lawrence.

6. Joint Communications

6.1 Since the St. Lawrence is a part of daily life for most Quebec residents and is the focus of growing interest among the public at large, it is vital to communicate the results of the Agreement to all clienteles, including participants, collaborators and users. The Parties therefore agree that

1. two advisors, namely one from Environment and Climate Change Canada and one from the Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques, will support all communications files, with the cooperation of the members of the Agreement Secretariat, Issue Committees and Working Groups; and
2. the main communication tool for promoting the Agreement and disseminating information on the work carried out under the Agreement will be a joint Canada–Quebec website with a style and structure specific to the St. Lawrence Action Plan. The Parties must agree on the site’s content and terms of use, which are included in the communications protocol as set out in section 6.4.

6.2 Communications must comply with applicable legislation, including, without being limited to, access to information legislation, privacy legislation, and the terms of this Agreement.

6.3 Joint communications under the Agreement are of two types, namely general communications and sectoral communications. General communications are communications under the Agreement issued on behalf of the Parties to the Agreement. Sectoral communications are carried out under the Agreement on behalf of Issue Committees, Working Groups or Concertation Committees and convey information about specific projects or activities.

6.4 The communications protocol, approved by the Agreement Steering Committee, shall allow for:

• setting out the guiding principles of communications with respect to advertising, promotion, media relations, corporate identity, event planning (such as press conferences, public announcements and other joint ceremonies) and publishing, including on the Internet;
• helping all target audiences to have access to information that is of high quality, objective and comprehensive related to the mandates, activities and achievements of the Agreement;
• equitable representation and visibility for Parties in the implementation of the Agreement and for the completion of joint activities; and
• linkage of communications with the programs and initiatives of Quebec and Canada.

6.5 Communications advisors shall propose directions for communications annually, develop and update an annual communications plan, provide the necessary support for the implementation of communications activities as per the communications protocol.

6.6 The communications directors shall report to the Agreement Steering Committee.

7. 2016-2021 Financial Commitments

The financial commitments for this appendix pertain to the implementation and operation of the Agreement Secretariat and to general communications under section 6. Budgets planned for sectoral communications as well as for participation of communications advisors in the Issue Committees, Working Groups, Agreement Executive Committee and Agreement Steering Committee are the financial responsibility of each participant concerned.

Table 1 below shows the forecasted budgets for each participant involved in this appendix.

Table 1: Summary of Financial Commitments – 2016 to 2021 ($K)

8. List of Participants

Appendix B
Integrated Management of the St. Lawrence

1. Purpose

1.1 The management of the St. Lawrence is a challenge. The governments of Canada and Quebec each have fields of jurisdiction allowing them to take action on the St. Lawrence. Each carries out activities under programs implemented by various government departments, ministries and agencies. Users of the St. Lawrence also carry out activities of their own. This situation calls for implementing a management approach that will reconcile all of these activities and thus ensure coherence among them.

1.2 The governments of Canada and Quebec base this approach on mechanisms for concertation among all decision makers and users of the St. Lawrence. The purpose of this appendix is to set out the terms and conditions of the approach.

2. Objectives

The main objectives of this appendix are to

1. define the terms and conditions for implementing integrated management of the St. Lawrence (IMSL); and
2. identify the Parties’ financial commitments in connection with this appendix.

3. Integrated Management of the St. Lawrence Mechanisms

1. In order to ensure IMSL, the Parties agree to continue to implement the concertation process with the stakeholders involved in issues related to the St. Lawrence, in accordance with their respective jurisdictions. This process involves the organization of the Forum on the St. Lawrence and the implementation of Regional Round Tables (RRTs).
2. For issues specifically concerning the Quebec portion of the Gulf of St. Lawrence, stakeholders will collaborate by means of the mechanisms developed and implemented under the Agreement, namely the Forum on the St. Lawrence (Forum), the RRTs, and the Concertation Committees operating under the Joint Action Program, as described in Appendix E.

3.1 Regional Round Tables

3.1.1 RRTs are consensus-building fora whose goal is to get the various regional stakeholders involved in the management of the resources and uses of the St. Lawrence for optimal harmonization of their actions in order to contribute to IMSL.

3.1.2 The objectives are to

1. promote collaboration between the regional stakeholders involved in St. Lawrence issues in the targeted area, using the integrated management approach; and
2. ensure the development, adoption and monitoring of the implementation of a Regional Integrated Management Plan (RIMP) representative of the regional stakeholders’ priorities and wishes.

3.1.3 Quebec will designate, upon the recommendation of municipal stakeholders, an organization to ensure the coordination of the RRT for each zone of the St. Lawrence. This organization will be responsible for ensuring that the interests of all stakeholders involved in St. Lawrence issues in a targeted area receive fair representation.

3.1.4 Quebec acknowledges ZIP (Zone d’intervention prioritaire) Committees’ expertise in concertation and knowledge of the St. Lawrence and agrees to invite the RRT agents, in the event that the said agents are not ZIP Committee members, to involve the ZIP Committees in a timely manner in the establishment of RRTs and in the fulfillment of their mandates, in particular the development of the RIMP.

3.1.5 A total of twelve RRTs will gradually be established. On April 1, 2016, six RRTs had been established by Quebec, namely in the zones of the Upper St. Lawrence and Metropolitan Montreal, Lac Saint-Pierre, the riverine estuary, Quebec City, the South of the Upper Estuary, and the Magdalen Islands.

3.1.6 Between now and March 31, 2021, the last six RRTs will be established in the areas corresponding to the northern upper estuary, the northern lower estuary, the southern lower estuary, the northern Gulf, the southern Gulf, and Chaleur Bay.

3.1.7 Under the Act to affirm the collective nature of water resources and provide for increased water resource protection, CQLR c C-6.2, the Minister of Sustainable Development, Environment and the Fight against Climate Change approves the RIMP filed by each RRT and Environment and Climate Change Canada will collaborate, if need be, in the consultation with federal departments prior to this approval.

3.2 ZIP Program

The ZIP Program will allow its clientele to establish or participate in concertation activities of St. Lawrence stakeholders encountering the priority issues identified in the Agreement, namely biodiversity conservation, sustainable use, and improved water quality while supporting IMSL implementation. Concertation activities held locally by the program’s clientele therefore complement regional concertation activities that the RRTs are tasked to conduct as part of IMSL.

3.3 Forum on the St. Lawrence

The Forum on the St. Lawrence is an event put on by the Parties inviting St. Lawrence stakeholders from the First Nations, municipal, economic, community, environmental, recreational, research and education sectors along with governments who have responsibilities or interests connected with the management of its ecosystem, resources and uses.

3.3.1 The Forum’s general objective is to pool together the concerns, expertise, tools, resources, and possible solutions of stakeholders in order to encourage the concertation of stakeholders on St. Lawrence issues.

Specific objectives will be developed for each Forum depending on the chosen theme.

3.3.2 The responsibility for organizing the event lies with the Agreement Secretariat, in collaboration with RRT coordinators, in accordance with their interests.

The Agreement co-chairs approve the content of the Forum content, which is then presented to the Agreement Steering Committee.

4. 2016-2021 Financial Commitments

4.1  The table below shows the forecasted budgets for each participant in connection with supporting the implementation of IMSL:

Table 1: Support for the Implementation of IMSL – 2016 to 2021

APPENDIX C
State of the St. Lawrence Monitoring Program

1. Definitions

In addition to the definitions stated in the Agreement, the following definitions apply to this appendix:

Environmental Information

All information resulting from the State of the St. Lawrence Monitoring Program (SSLMP) that can be used to describe, understand, monitor or explain the state of the St. Lawrence and document the need for intervention.

Environmental Indicator

A datum or statistic that makes it possible to qualify a characteristic of the environment. A set of environmental indicators that covers all components of the environment, including water, sediments, biological resources and shorelines, providing us with information about the state of an ecosystem and how it is changing.

2. Purpose

This appendix states the terms and conditions for the implementation and operation of the SSLMP. The purpose of this program is to coordinate the environmental monitoring activities carried out by the participants and their collaborators on the entire St. Lawrence and its riparian strip.

3. Principles

The Parties acknowledge that the following principles will guide all decisions made in implementing this appendix:

1. Flexible, efficient coordination – Given the diversity of the participants in implementation of this appendix and their autonomy in the collection, interpretation and dissemination of data or information, a coordination mechanism must be put in place to ensure coherence within the SSLMP. This coordination mechanism will apply on three levels: the implementation of monitoring activities; the integration and dissemination of information; and changes in the Monitoring Program.
2. Evolution– The participants in implementing this appendix agree that the SSLMP must evolve with changing scientific knowledge to allow for better definition of the monitoring elements, issues and client expectations.
3. Synergy and integration– The participants in implementing this appendix agree to implement the monitoring elements for which they have agreed to be responsible. They will provide regular status reports on changes in the St. Lawrence as a whole, leveraging the synergy created by all of the participants. This type of status report on the St. Lawrence will not materialize unless an effective integration mechanism is set up to link the various monitoring activities undertaken individually by the participants. These links will be established through consultations among the participants.
4. Promptness– The Working Group on State of the St. Lawrence Monitoring, which will be responsible for coordinating and implementing the SSLMP, will act quickly to promote collaboration among the participants.
5. Complementarity– The SSLMP participants agree that effective, efficient environmental monitoring of the St. Lawrence must be complementary to the efforts of all SSLMP participants, to avoid duplicating their respective monitoring activities.

4. Objectives

The purpose of this appendix is to confirm the participants’ commitment to ensuring the sustainability of the SSLMP by maintaining environmental monitoring and information dissemination activities.

The resulting environmental data and information will be used to facilitate decision making and determine appropriate measures for promoting St. Lawrence conservation. The data required pertain to a set of environmental variables representing the main environmental components and are based on sufficient temporal and spatial coverage.

The monitoring program promotes achievement of the following objectives:

4.1 To report on the state and evolution of the St. Lawrence using scientific information generated by the SSLMP by

1. coordinating the environmental monitoring activities carried out on the St. Lawrence by the participants, selected on the basis of their relevance for the entire St. Lawrence and its riparian strip;
2. optimizing the participants’ acquisition of environmental data on the St. Lawrence to avoid duplication of efforts; and
3. maximizing the environmental information that is obtained by interpreting it in light of the data collected through other SSLMP monitoring activities.

The monitoring activities agreed upon by the participants in implementing this Appendix are listed in Table 1 below. For each monitoring element, the table lists the corresponding component, the data collection frequency, and the next deadline for collecting new data.

4.2 To regularly disseminate information to decision makers and riverside communities about the health of and changes in the St. Lawrence River using means that are tailored to their needs and that facilitate access to information by

1. providing decision makers with integrated environmental information allowing changes in the state of the St. Lawrence to be presented in order to support decision making with regard to the St. Lawrence;
2. providing the public with integrated environmental information and an overview of the health of and changes in the St. Lawrence; and
3. regularly producing and disseminating information stemming from the various environmental indicators of which the SSLMP is composed.

Table 2 below shows the schedule for dissemination activities during the course of the SSLMP.

4.3 The tables referred to in this appendix are as follows:

Table 1, showing the monitoring activities planned by the participants in implementing the SSLMP from 2016 to 2026; and

Table 2, showing the schedule for dissemination of the results of the SSLMP from 2016 to 2026.

Table 1: State of the St. Lawrence Monitoring Activities – 2016 to 2026

¹     Hydrologic monitoring of the St. Lawrence is conducted with other collaborators: Hydro-Québec, US Geological Survey, New York Power Authority / Ontario Power, St. Lawrence Seaway.

*    Monitoring of these elements is based on criteria for public use

Ö These components are part of DFO’s Atlantic Zone Monitoring Program.

Table 2: Schedule of Activities for Disseminating the Results of the SSLMP – 2016 to 2026

¹ Hydrologic monitoring of the St. Lawrence is conducted with other collaborators: Hydro-Québec, US Geological Survey, New York Power Authority / Ontario Power, St. Lawrence Seaway.

5. Administrative Conditions

The implementation of the SSLMP will be overseen by the Working Group on State of the St. Lawrence Monitoring. The composition, roles and responsibilities of the Working Group are set out in Appendix A – Management of the Agreement.

6. Responsibilities

The responsibilities of the participants in implementing this appendix include the processing and storage of and access to the data they have on state of the St. Lawrence monitoring, as well as data interpretation and dissemination. These are defined as follows:

6.1 Acquisition and Processing

Each participant agrees to oversee the acquisition of data pertaining to its own St. Lawrence monitoring activities and to document the environmental indicators for which it is responsible, using appropriate, recognized scientific data processing methods.

6.2 Storage

Each participant agrees to store the data collected and environmental information generated for which it is responsible, using appropriate long-term storage methods.

6.3 Data Access and Intellectual Property

The terms governing data access and intellectual property are set out in Appendix F – Information Sharing and Intellectual Property Rights.

6.4 Production and Dissemination

1. The participants in implementing this appendix agree to produce and disseminate the environmental information that they obtain according to the frequency stated in Table 2 and specific to the characteristics of the monitoring activities for which they are responsible. The participants agree to carry out the data dissemination activities set out in this appendix so as to provide clients with objective, integrated information on the state and evolution of the St. Lawrence and to enable an accurate assessment of the St. Lawrence based on its current state.
2. The participants in implementing this appendix will encourage community organizations to take part in the dissemination of environmental information stemming from the SSLMP, particularly information relevant to riverside communities.

7. Financial Commitments

7.1 The participants in the implementation of this appendix are responsible for achieving the set objectives and managing their budgets, and each remains accountable for the budgetary resources that it plans to invest.

7.2 Each participant in the implementation of this Appendix commits to prioritizing the allocation of the necessary funds to the maintenance of the various SSLMP activities for which it is responsible, as far as its mandates, powers and resources allow. In addition, a participant may, at any time, dedicate additional funds to its own SSLMP activities.

7.3 The Working Group on State of the St. Lawrence Monitoring is seeking additional funding for the achievement of the SSLMP objectives. If additional funding is obtained, the Working Group will allocate it to the various participants according to the terms and conditions agreed upon by the group.

Table 3 below shows a financial planning summary for the SSLMP from 2016 to 2021.

Table 3: Financial Planning Summary for the SSLMP – 2016 to 2021

* Contribution from Environment and Climate Change Canada pursuant to Appendix G – Financial Contribution from Environment and Climate Change Canada to the Quebec Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques

7.4 Canada will invest $16,331.8K over five years to contribute to the achievement of the objectives set out in this appendix. Quebec will invest $5,282.3K; this figure includes a federal transfer of $850.0K from Environment and Climate Change Canada. The Parties plan to jointly invest $21,614.1K over five years.

Appendix D
Numerical Environmental Prediction Program
For the St. Lawrence

1. Definitions

In addition to the definitions stated in the Agreement, the following definitions apply to this appendix:

Atmospheric modelling: Numerical modelling of atmospheric processes, encompassing temperature, pressure, winds, humidity, clouds and precipitation. Atmospheric modelling integrates many observations in computer programs that apply the laws governing the evolution of the atmosphere.

Ecohydraulic modelling: Numerical modelling of spatialized relationships between fluvial hydrodynamics and living organisms in order to quantify the effects of different water level scenarios on various physical, chemical and biological components.

Hydrodynamic modelling: Numerical modelling of flow processes in the St. Lawrence and the resulting variables (speeds, levels, waves, tracer concentrations, water temperature, erosion/sedimentation processes).

Hydrologic modelling and routing: Numerical modelling of water transport processes in the St. Lawrence watershed (overland flow) and in tributaries to the St. Lawrence (watercourse flows and effects of collection and retention structures) and the resulting variables (flows, tracer concentrations, water temperature in watercourses, etc.). 

Numerical environmental prediction: Numerical modelling activities based on observed data, aimed at forecasting changes in the physical, chemical and biological parameters of which the terrestrial and aquatic environment of the St. Lawrence and its watershed are composed.

Numerical modelling: Computer program that simulates physical, biological or chemical processes in mathematical form.

Ocean-ice modelling: Numerical modelling of ocean processes occurring in the estuary and Gulf of St. Lawrence (currents, water levels, temperature and salinity, ice and waves).

Surface modelling: Numerical modelling of the vertical processes (vertical transfer of mass and energy) in the St. Lawrence watershed and the resulting variables (snow density, thickness and temperature; water content and temperature in soil; soil and vegetation temperature; tracer concentrations). 

2. Purpose

The purpose of the Numerical Environmental Prediction Program for the St. Lawrence is to coordinate and integrate the activities developed by each participant in implementing this appendix in order to gain a better understanding of the St. Lawrence ecosystem as a whole and to provide decision support tools for IMSL. The coordination of the activities is primarily based on short-term, operational, real-time prediction systems

3. Objectives

3.1 The main objectives of this appendix are as follows:

3.1.1 Develop integrated, compatible tools to support decision making and water management planning with regard to the St. Lawrence and its watershed, including its tributaries, by

1. providing a database of quantitative information for objective, rational decision making and planning;
2. adding complementary data to the data obtained through St. Lawrence measurement, tracking and monitoring programs;
3. simulating possible changes in physical, chemical and biological parameters; and
4. considering applications requiring short- and medium-term predictions or long-term projections simulating the impact of climate change.

3.1.2 Develop and implement scientific and technical mechanisms for coordinating numerical atmospheric, terrestrial, aquatic and ecosystem models in a shared, integrated numerical environmental prediction system.

Table 1 below lists the activities and expected results for objectives 3.1.1 and 3.1.2.

3.1.3 Work together on the orientations of the 2016-2021 Joint Action Program as listed in Appendix E and subsequent programming and objectives of the State of the St. Lawrence River Monitoring Program listed in Appendix C (Table 2).

3.2 The establishment of a complete environmental prediction system is a long-term task. Over a 15-year planning horizon, the work began, from a territorial perspective, in 2010 with pilot studies on the watersheds of tributaries to the St. Lawrence and on targeted segments of the St. Lawrence. Then, the objective is to cover the entire St. Lawrence watershed. The tasks to be undertaken towards that objective will be defined annually in a work plan. Regarding the targeted derived products, quantity-related products will be analyzed more exhaustively, while advances in quality-, thermodynamics- and ecosystem-related products may be addressed on more of an ad hoc basis. Short time frames (up to 30 days) will be preferred initially, although the tools will be intended for use over as much as a seasonal time frame and could also eventually be used on a complementary basis for climatic analysis purposes over longer time frames.

Table 1 lists the activities and expected results from 2016 to 2026 under the Numerical Environmental Prediction Program for the St. Lawrence. 

Table 1: Activities and Expected Results – 2016 to 2026

* St. Lawrence river system: St. Lawrence River, Lac des Deux-Montagnes, Lac Saint-Louis, Lac Saint-Pierre, Lac Saint-François, Mille-Iles and Prairies rivers, and the Sainte-Anne, Vaudreuil and Beauharnois channels.

4. Administrative Conditions

4.1  The implementation of the Numerical Environmental Prediction Program is overseen by the Working Group on Numerical Environmental Prediction. Its composition, roles and responsibilities are set out in Appendix A – Management of the Agreement.

4.2 The terms governing information sharing and intellectual property rights are set out in Appendix F – Information Sharing and Intellectual Property Rights.

5. Roles and Responsibilities

The roles and responsibilities of the participants in this appendix are as follows:

5.1 Environment and Climate Change Canada

1. Develop and integrate an operational data and forecast assimilation system that can be used to estimate the hydrologic and thermodynamic cycle of the St. Lawrence watershed (atmosphere, soil, snow, vegetation, hydrology, lakes, ice, oceans, hydrodynamics);
2. Develop and consolidate an integrated St. Lawrence River modelling system, using two-dimensional hydrodynamic simulations that cover the entire river, combined with simulations of natural waves, water quality and sedimentation;
3. Develop a high-definition numerical terrain model that provides a precise representation of the river;
4. Identify and integrate the relationships between fluvial physics and living organisms; and
5. Develop and implement decision support tools, such as the posting of dynamic indicators of the state of the fluvial ecosystem online, the addition of water quality assessment capabilities, and the assessment of the impact of climate change on various uses of the St. Lawrence River.

5.2 Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques

1. Develop and integrate mechanisms for the spatial interpolation of meteorological and snow data to build its capacity to produce climate information to support various activities affecting human security, sustainable development and long-term knowledge of the climate of Quebec;
2. Develop and integrate hydrologic modelling and routing mechanisms for the watersheds of tributaries to the St. Lawrence to build its capacity to create operational applications for predicting and projecting flows and various other applications in hydrological modelling; and
3. Develop and integrate hydraulic modelling mechanisms for simulating river outflows to tributaries to the St. Lawrence to build its capacity to create applications to delimit flood areas and various other applications in hydraulic modelling.

5.3 Fisheries and Oceans Canada

1. Develop and integrate an operational ocean-ice modelling system covering the estuary and Gulf of St. Lawrence;
2. Develop and integrate an operational 1D modelling system for the St. Lawrence River; and
3. Develop and implement decision support tools, such as spatial interpolation of data levels, use of current forecasts for the Coast Guard and the DFO Science and assessment of climate change impacts on water levels and flows of the St. Lawrence River.

6. Financial Commitments

Table 2 below shows a financial planning summary for the Numerical Environmental Prediction Program from 2016 to 2021.

Table 2: Financial Planning Summary – 2016 to 2021

* Contribution from Environment and Climate Change Canada pursuant to Appendix G – Financial Contribution from Environment and Climate Change Canada to the Quebec Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques du Québec

Canada will invest $580.0K over five years to contribute to the achievement of the objectives set out in this appendix. Quebec will invest $609.0K; this figure includes a federal transfer of $200.0K from Environment and Climate Change Canada. The Parties plan to jointly invest $1,189.0K over five years

APPENDIX E
Joint Action Program on the St. Lawrence 2016-2021

1.  Purpose

This appendix sets out the orientations for the three priority issues on which the Parties wish to focus their efforts, as well as the Parties’ financial commitments in connection with this appendix.

2.  Principles

The Parties acknowledge that the following principles will guide all decisions made in implementing this appendix:

Joint actions–  The projects developed under the program involve at least one Quebec ministry and one federal department or agency and are integrative, valued-added projects in relation to the participants’ regular activities.

User concerns – The projects developed under the program take into account concerns expressed by stakeholders during the Forum on the St. Lawrence.

Climate change– Climate change will be taken into consideration throughout when addressing issues and developing joint program projects.

3.  Objectives

The Parties have identified 12 orientations relating to the three priority issues to guide the participants’ joint actions up to 2021. Since climate change affects the evolution and dynamics of these issues, it is taken into account throughout the treatment of the issues. Furthermore, the Parties will support the riverside communities of the St. Lawrence in the implementation of projects aimed at biodiversity conservation, sustainable use, and improved water quality through the Community Interaction Program (CIP).

A- Biodiversity Conservation

Since the main threats to the biodiversity of the St. Lawrence are habitat loss and fragmentation, the introduction of invasive alien species and the impact of climate change, the joint actions will focus on the following three orientations:

Orientation 1:Identify, protect, restore and enhance environments of ecological importance

The participants agree to develop common tools for identifying environments that are conservation priorities and to consolidate the protected areas network as well as to manage and restore sensitive habitats.

Orientation 2:Prevent the introduction and control the spread of invasive alien species

The participants agree to implement prevention tools and control measures to limit the abundance and spread of such species and to improve information management.

Orientation 3:Assess the impact of climate change on ecosystems

The participants agree to develop and use indicators to characterize the impact of climate change on the ecosystems of the St. Lawrence and to more precisely assess the impact of climate change on wetlands. At the moment, no joint project is planned under this orientation but one might be developed during the 2016-2021 period.

Table 1 below shows the forecasted budgets for the Biodiversity Conservation issue.

Table 1: 2016–2021 Budget – Biodiversity Conservation ($K)

* Contribution from Environment and Climate Change Canada pursuant to Appendix G – Financial Contribution from Environment and Climate Change Canada to the Quebec Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques

**No project was defined for this orientation at the time this Supplementary Agreement #1 was signed.

B- Sustainable Use

Urban development, shoreline artificialization, and aquatic and riparian habitat degradation have resulted in the loss of many recreational sites and are threatening the harvest of certain resources, particularly fishery resources. Certain recreational, commercial, industrial and public uses of the St. Lawrence, as well as the quality of life of riverside residents, have been compromised by water quality and natural environment degradation, user conflicts, shoreline erosion, major water level fluctuations, transportation of dangerous goods within the St. Lawrence, and climate change. In light of these observations, the participants have agreed to focus on the following orientations:

Orientation 4:Promote sustainable management of fisheries resources

The participants agree to conduct an inventory of existing information on the state of St. Lawrence fishery resources with a view to sharing and disseminating this information.

Orientation 5:Identify and enhance public access points

The participants agree to consolidate the inventory of public access sites and to develop information and outreach tools on the sustainable use of these sites. At the moment, no joint project is planned under this orientation but one might be developed during the 2016-2021 period.

Orientation 6:Maintain and promote sustainable navigation

The participants agree to maintain the collaboration of stakeholders in the St. Lawrence and Great Lakes with respect to navigation by means of the Concertation Committee on Navigation. The participants agree to develop information and outreach tools promoting sustainable navigation intended for St. Lawrence users and the general public. For dredging and sediment management activities, the participants agree to aim for a more integrated approach.

Orientation 7:Promote sustainable management of water levels and flows in a context of climate change

The participants agree to implement management tools to consolidate data-sharing mechanisms and to develop decision-making tools for sustainable water management. The work of the Concertation Committee on Climate Change will be one of these management tools.

Orientation 12:Improve knowledge related to the transportation of dangerous goods within the St. Lawrence system

The participants agree to work together to improve the dissemination of expertise, data exchange, identification of gaps and acquisition of new knowledge regarding the management of ecological risks related to marine transportation of dangerous goods such as hydrocarbons within the St. Lawrence system.

Table 2 below shows the forecasted budgets for the Sustainable Use issue.

Table 2: 2016–2021 Budget – Sustainable Use ($K)

* Contribution from Environment and Climate Change Canada pursuant to Appendix G – Financial Contribution from Environment and Climate Change Canada to the Quebec Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques

**No project was defined for this orientation at the time this Supplementary Agreement #1 was signed.

C- Improved Water Quality

The main threats to St. Lawrence water quality that require priority action are agricultural non-point source pollution and the risks associated with contaminated sediments and with the presence of toxins. The joint actions for improving water quality will therefore focus on the following three orientations:

Orientation 8:Reduce agricultural non-point source pollution

The participants agree to support and coordinate actions aimed at reducing agricultural non-point source pollution and to improve their knowledge of the effects of such pollution on freshwater and marine ecosystems.

Orientation 9:Improve contaminated sediment management tools

The participants agree to improve the risk assessment and management tools associated with the St. Lawrence sectors containing contaminated sediments.

Orientation 10:Assess the presence and impact of emerging contaminants and toxins on the ecosystem

The participants agree to assess the presence and impact of contaminants associated with municipal wastewater, characterize the contamination of Lac Saint-Pierre, and study the effects of toxins on the food chain. The participants also agree to improve their knowledge of emerging toxins.

Orientation 11:Document the riverine inputs to the St. Lawrence Estuary

The participants agree to better understand and assess the contribution of riverine inputs on hypoxia, acidification and the appearance of toxic algae in the estuary.

Table 3 shows the forecasted budgets for the Improved Water Quality issue.

Table 3: 2016–2021 Budget – Improved Water Quality ($K)

* Contribution from Environment and Climate Change Canada pursuant to Appendix G – Financial Contribution from Environment and Climate Change Canada to the Quebec Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques

D- Community Mobilization

More and more communities are mobilizing to protect and develop the resources and uses of the St. Lawrence. The Parties support community actions related to the priority issues by means of the CIP.

Table 5 below shows the forecasted budgets for the CIP.

Table 5: 2016–2021 Budget – Community Interaction Program ($K)

4.  Administrative Conditions

4.1 An Issue Committee will be put in place for each issue. The composition, roles and responsibilities of the Issue Committees are set out in Appendix A – Management of the Agreement.

4.2 The terms governing information sharing and intellectual property rights are set out in Appendix F – Information Sharing and Intellectual Property Rights.

4.3 Activities carried out under the Program will be monitored.

5.  Financial Commitments

Table 6 below shows all of the investments of each department in connection with the Joint Action Program.

Table 6: Total Investment of Each Participant – 2016 to 2021

* Contribution from Environment and Climate Change Canada pursuant to Appendix G – Financial Contribution from Environment and Climate Change Canada to the Quebec Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques

Canada will invest $8,941.9K over five years to contribute to the achievement of the objectives set out in this appendix. Quebec will invest $8,256.5K; this figure includes a federal transfer of $1,200.0K from Environment and Climate Change Canada. The Parties plan to jointly invest $17,198.4K over five years.

APPENDIX F
Information Sharing and Intellectual Property Rights

1.  Purpose

Whereas the participants in the Agreement have, or will have, access to information that can be used for projects, and whereas the participants wish to share this information amongst themselves for such purposes, this appendix sets out the terms and conditions whereby the participants will share such information amongst themselves. This appendix also sets out the terms and conditions governing intellectual property created under this Agreement.

2.  Definitions

In addition to the definitions stated in the Agreement, the following definitions apply to this appendix:

Data

Value resulting from a laboratory analysis or a measurement taken in the field to characterize a parameter. Such data include, but are not limited to, any compilation of numeric data.  

Derived product

Product developed under the Agreement, by one or more participants using, made functional by or incorporating, in whole or in part, information from Canada or Quebec.

Information

All information, such as data, metadata, software, models or documents that could give rise to intellectual property rights held by Canada or Quebec, including confidential information.

Intellectual property

Any creation of the mind, including literary and artistic works, collections, inventions, symbols, trademarks, industrial designs, trade secrets, technical information, confidential information and any other registered or unregistered intellectual property, protected by legislation or by law. 

Intellectual property rights

All rights, present and future, over intellectual property recognized by legislation or by law.

Metadata

All information used to document and describe data, especially with respect to the location of data sampling, the sampling method, the conservation methods and the analytical methods.

Model

Representation of a process aimed at producing a simulation, using data, with the goal of making an environmental impact prediction.

Project

Any project carried out collaboratively by Canada and Quebec under the Agreement.

Software

All computer programs, in source code or object code, all computer program documentation recorded in any form or on any medium, and all computerized databases, including all modifications.

3. Information Sharing

3.1 Subject to the following restrictions, each participant involved in a project undertakes to share with the other participants involved in the project the information to which it has access, provided that

1. it believes that the information is relevant to the project;
2. it believes that sharing the information will not be detrimental to its business or operational needs or contravene its policies or directives;
3. it believes that the following elements do not prevent it from sharing the information:
   • the legislation applicable to this participant;
   • the policies or directives of this participant including, but not limited to, security and information management policies;
   • agreements or contracts binding the participant to third parties; and
4. it believes that sharing this information will not compromise the security of its operations or of any person.

3.2 Before sharing the information, the participants concerned confirm, in writing, the following points:

1. the information that will be shared;
2. the project(s) for which the information is being shared;
3. the sharing method (may include, without being limited to, a copy on CD or access via a designated server); and
4. if applicable, all rights granted for the information, in addition to the rights set out in this appendix or any limitations that would restrict the rights granted.

4.  Licences

4.1 Except as provided in section 8.3 of the Agreement, and subject to the terms and conditions set out in section 4.2 of this appendix, the participant that shares information under section 3.1 grants the receiving participants a world-wide, non exclusive, royalty-free, fully paid, irrevocable and non-assignable licence

1. to use, reproduce and translate the information, in particular to develop derived products; and;
2. to grant sub-licences for this information, provided that these sub-licences include the same terms and conditions as those set out in this appendix.

4.2 Subject to section 4.4 of this appendix, the licence granted under section 4.1 can only be used for projects for which the information is shared, and thus ends when the projects are completed. However, when the information is incorporated into derived products, the duration of the licence granted under section 4.1 will be perpetual.

4.3 Any uses other than those set out in sections 4.1 and 4.2 will have to be expressly authorized by the participant concerned.

4.4 In the event that one Party terminates the Agreement in accordance with section 8.3 of the Agreement

1. the licence granted under section 4.1, as well as any sub-licences granted under section 4.1(b), are automatically revoked;
2. however, the participant may continue to use any derived products completed before the termination date, for internal and non-commercial purposes. 

5.  Derived products

5.1 The intellectual property rights arising from the development of derived products by Canada will belong to Canada. The intellectual property rights arising from the development of derived products by Quebec will belong to Quebec. If the derived product made by Canada incorporates information from Quebec, Canada undertakes to only use, reproduce and translate the derived product, in whole or in part, solely for internal and non-commercial purposes. If the derived product made by Quebec incorporates information from Canada, Quebec undertakes to only use, reproduce and translate the derived product, in whole or in part, solely for internal and non-commercial purposes.  

5.2 If the derived product developed by Quebec incorporates information from Canada, Quebec grants the participants from Canada involved in the project a world-wide, perpetual, non-exclusive, royalty-free, fully paid and irrevocable licence authorizing these participants to use, reproduce and translate the derived product, in whole or in part, for internal and non-commercial purposes.

5.3 If the derived product developed by Canada incorporates information from Quebec, Canada grants the participants from Quebec involved in the project a world-wide, perpetual, non-exclusive, royalty-free, fully paid and irrevocable licence authorizing these participants to use, reproduce and translate the derived product, in whole or in part, for internal and non-commercial purposes.   

5.4 For derived products developed in collaboration or jointly by the Parties, Canada and Quebec are co-owners of the intellectual property rights for these derived products; the proportion of ownership is to be determined by the Parties. The Parties mutually authorize each other to use, reproduce and translate these derived products, in whole or in part, for internal and non-commercial purposes. Such authorization is valid only for the participants involved in the project for which the derived product was developed.

5.5 Any uses other than those set out in sections 5.1 to 5.4 will have to be expressly authorized by Quebec or Canada, as applicable. However, it is understood that no authorization will be granted for the publication or communication of confidential information.

5.6 For derived products developed in collaboration or jointly between the Parties, neither Canada nor Quebec may assign its rights and obligations without the consent of the other Party, and neither Party may institute proceedings against a third party to have its intellectual property rights respected without the consent of the other.

5.7 The derived products that are published or communicated must include the following statement: “Produced under the St. Lawrence Action Plan – 2011-2026.” They must also include the following statement if they incorporate information: “This product incorporates […] provided by [relevant participant].” 

5.8 It is understood that the terms and conditions under sections 5.1 to 5.7 are subject to all applicable legislation including, without being limited to, access to information laws and judicial orders.

6.  Costs and Return of Information

6.1 Each participant will be responsible for its own expenses arising from the sharing of information or derived products.

6.2 When licences granted under this appendix expire, the participants who have received information from other participants will return or destroy this information, subject to all applicable legislation. 

7. Representations, Warranties and Indemnities

7.1 If a participant agrees to share information under section 3.1, it states and declares that it has no knowledge of any contractual or other commitment or any actual or possible judicial proceeding or order relating to the information that might restrict or hamper the exercise of the rights granted under section 4.1.

7.2 The participants make no representation and give no warranty with respect to the accuracy, usefulness, novelty, validity, scope, completeness or currency of the information and disclaim any liability in this regard.

7.3 Each Party shall indemnify and hold harmless the other Party, its employees and agents from all actions, suits, claims, demands, losses, damages or costs, in proportion to its own fault, or that of its employees and agents, arising from a breach of the terms and conditions of this appendix or from the creation or use of derived products that it has developed.

APPENDIX G
Financial Contribution from Environment and Climate Change Canada to the Quebec Ministère du Développement Durable, de l’Environnement et de la lutte contre les changements climatiques

1.  Purpose

Environment and Climate Change Canada is responsible for the federal “Sustainable Ecosystems” program. This contribution program authorizes Environment and Climate Change Canada to provide financial assistance to Quebec for the projects and activities under this Agreement and described in section 4 below.

This appendix sets out the terms and conditions under which Canada’s contribution will be paid to Quebec, through the Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques.

2.  Definitions

The following definitions apply to this appendix unless the context indicates otherwise:

Appendix

Means this appendix, Appendix G, which includes:

• Sub-appendix A – Terms and Conditions;
• Sub-appendix B – Cash Flow of Projects and Activities and Environment and Climate Change Canada Funding; and
• Sub-appendix C – Request for Payment Form.

Eligible expense

An expense incurred by Quebec between April 1, 2016, and March 31, 2021, pursuant to section 6.

Fiscal year

The period, or portion of a period, beginning on April 1 and ending on March 31 of each year.

3.  Expected Results   

Canada’s financial contribution under this Appendix will support Quebec in its efforts to conserve and enhance the St. Lawrence. The expected results will be as follows:

1. the implementation of the St. Lawrence conservation and enhancement projects needed to achieve the objectives set out in the Agreement; and
2. the acquisition of new knowledge and data generated by participants to support the management and sustainability of Canadian ecosystems.

4.  Funded Projects and Activities

To achieve the results expected under the Agreement, Canada’s contribution will be used to help support in part the following activities and projects:

1. Certain activities of monitoring and environmental indicator analysis, as identified in Tables 1 and 2 of Appendix C – State of the St. Lawrence Monitoring Program and aiming at achieving the objectives set in Table 3 of the same appendix;
2. Certain activities as identified in Table 1 of Appendix D – Numerical Environmental Prediction Program for the St. Lawrence and aiming at achieving the objectives set in Table 2 of the same appendix; and
3. Certain projects, as set forth by participants in project cards available to Parties at the date of entry into force of the Agreement, aiming at contributing to orientations identified in Tables 1, 2, and 3 of Appendix E – 2016-2021 Joint Action Program on the St. Lawrence.

5.  Cost Sharing and Maximum Amount of Contribution

1. Investments made by both Parties to achieve objectives listed in section 4 are detailed in Appendices C, D and E.
2. Canada agrees, subject to the terms and conditions of this appendix, to reimburse, by means of a contribution, eligible expenses defined in this appendix that are incurred by Quebec for carrying out the activities and projects, to a maximum of $2,250,000 in cash.
3. Canada’s cash contributions will be based on the cash flow requirements agreed upon in Sub-appendix B – Cash Flow of Projects and Activities and Environment and Climate Change Canada Funding, and the maximum amounts available for each fiscal year will be as follows:
   • for the 2016-2017 fiscal year, the sum of $450,000;
   • for the 2017-2018 fiscal year, the sum of $450,000;
   • for the 2018-2019 fiscal year, the sum of $450,000; 
   • for the 2019-2020 fiscal year, the sum of $450,000; and
   • for the 2020-2021 fiscal year, the sum of $450,000.

6.  Eligible Expenses

1. The following expenses are eligible if they are incurred only  for the purposes of the projects and activities and if Quebec has met the terms and conditions set out in this Agreement:
   • salaries and wages, including mandatory employment-related expenses;
   • expenses related to management and professional services;
   • expenses related to subcontracting;
   • travel expenses (will be reimbursed at current rates applicable to employees of the Quebec government);
   • expenses related to equipment and supplies;
   • expenses related to equipment leasing;
   • expenses related to communications, printing, production and distribution;
   • expenses related to vehicle leasing and operation; and
   • any goods and services tax (GST) on eligible expenses that cannot be reimbursed by the Canada Revenue Agency.
2. Any expenses not listed in paragraph a) are ineligible, unless they are expressly approved in writing by Canada’s representative before being incurred.

7.  Payment

Subject to Canada’s federal policies, legislation, and regulations, Canada agrees to pay, within 60 days after receiving the required documents, the maximum amounts set out in paragraph c) of section 5 for each fiscal year if the following conditions are met:

1. Quebec must submit to Canada a request for reimbursement by March 31 of each fiscal year;
2. The request for reimbursement must be submitted using the form included in Sub-appendix C – Request for Payment Form;
3. The form must be duly completed;
4. During the relevant fiscal year, Quebec must have contributed regularly to the computerized management system established by the Parties to track the progress of the projects and activities and to enable, among other things, the production of reports pursuant to paragraphs b) of sections 4.4.2 and 4.5.2 of Appendix A; and
5. Quebec must provide Canada, upon request, with any supporting documents that Canada considers appropriate to enable it to review and accept a request for payment. In such cases, Canada must notify Quebec of the specific details and supporting documents that it needs.

8.  Cash Flow

1. Statement of cash flow
   

   On the date on which this Agreement entered into effect, Quebec provided, and the two Parties accepted, a statement of cash flow for the entire period from April 1, 2016, to March 31, 2021, for which details are provided in Sub-appendix B – Cash Flow of Projects and Activities and Environment and Climate Change Canada Funding.

   On March 31 of each year, the Parties will review the cash flows for the following fiscal year. On October 15 of each year, the Parties may make the necessary adjustments to cash flows. Any changes in cash flows will be agreed upon in writing by the representatives of the Parties.
2. Ongoing communication
   • Quebec agrees to respond diligently to ad hoc information requests from Canada on the progress of the projects and activities, as defined in section 4.
   • Quebec will promptly notify Canada of any major events that may affect the timetables or cash flow requirements of the projects and activities.

9. Communications and Requests for Payment

a) Regardless of section 7 of the Agreement, all requests for payment, notices and official correspondence between the Parties connected with this appendix will be

1. delivered in person;
2. scanned and sent by e-mail;
3. sent by duly prepaid registered mail, with confirmation of delivery; or
4. sent by fax, with proof of transmission

and addressed as follows:

for Canada:
Regional Director
Strategic Relations Division
Environment and Climate Change Canada
1550 D’Estimauville Avenue, 7th floor
Quebec City, Quebec  G1J 5A9

for Quebec:
Director
Integrated Water Management Service
Water Policy Branch
Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques
675 René Lévesque Boulevard East
8th floor, Room 42
Quebec City, Quebec G1R 5V7

b) If such a notice or other official correspondence is sent by e-mail, it will be considered to have been received on the date of transmission. If the notice is sent by fax, it will be considered to have been received on the date indicated on the automatic confirmation of transmission.

SUB-APPENDIX A
Terms and Conditions

(Section 2)

1.  Non-Beneficiaries and Lobbyists

No current or former public office holder or public servant who is subject to the Conflict of Interest Act, S.C. 2006, c. 9, the Conflict of Interest and Post-Employment Code for Public Office Holders, or the Values and Ethics Code for the Public Service may benefit directly from the commitments provided for in this appendix, unless the provision or receipt of such benefits is in accordance with the above act and codes.

No member of the Senate or House of Commons may be a party to this appendix or receive any benefit from this appendix in a different manner from the general public. The Lobbying Act, R.S.C., 1985, c. 44 (4th Supp.), does not apply to members of the National Assembly of Quebec, persons on the staff of such members, or employees of the government of Quebec when those persons are acting in their official capacity.

2. Liability

Quebec will indemnify Canada, as well as its ministers, employees and agents, and will absolve them of all liability with regard to any damages, requests, claims, losses, costs (including legal fees), suits or other proceedings resulting from improper conduct, negligence or omission by Quebec or its employees or agents in the implementation of the projects and activities, except in the case of breaches of obligations by Canada or by its ministers, employees or agents.

Quebec will indemnify Canada, as well as its ministers, employees and agents, and will absolve them of all liability with regard to any damages, requests, claims, losses, costs (including legal fees), suits or other proceedings resulting from any claims, requests or prosecution initiated by a third party against the above persons or entities because of the status of supplier of financial assistance conferred on Canada under this appendix. This includes, but is not limited to, any claims in relation to goods or services supplied by a third party to Quebec or to one of its subcontractors, except in the case of breaches of obligations by Canada or by its ministers, employees or agents.

3.  Audit and Assessment

Assessments, audits and other reviews connected with this appendix may be made public.

4.  Overpayments and Payments Receivable

1. If the contribution from Canada is reduced or cancelled in compliance with sections 9.1 and 9.2 of the Agreement, Canada will reimburse, in compliance with the appendix, all eligible expenses incurred by Quebec before the date at which Canada notifies Quebec of such a reduction or cancellation.
2. If a payment made by Canada to Quebec under this appendix exceeds the expenses incurred by Quebec or is used to reimburse expenses that are not eligible, the amount of the overpayment will be considered a debt to the federal Crown. Quebec will have sixty (60) days following the date of a notice of amount due to reimburse an overpayment.

5.  Records

Quebec agrees to keep appropriate records and accounts of the income and expenses of the projects and activities covered by this appendix, including all bills, receipts and supporting documents, for a period of at least three years following the end of this appendix.

6.  Access to Records and Information

Subject to applicable access to information and privacy legislation, Quebec will, for the purposes of audits and assessments under this appendix, give Canada’s representatives access to all project- and activity-related documents that may be of some use in justifying expenses incurred by Quebec for them. This right of access will remain in effect for the duration of the Appendix and for a maximum of three years following the end of the Appendix.

7.  Consent to Disclosure

Quebec consents to the public disclosure, by Canada, of any information provided under the Agreement that is not considered confidential under applicable legislation pertaining to the protection of personal information and protection of privacy, including, but not limited to, information related to the projects and activities. It is expressly agreed that Canada may disclose the following pieces of information:

1. the name of the beneficiary;
2. the maximum amount of the contribution;
3. the goal of the Appendix;
4. the activities undertaken under the appendix; and
5. the duration of the appendix.

SUB-APPENDIX B –  Cash Flow of Projects and Activities and Environment and Climate Change Canada Funding

(Sections 2, 5, 8)

2016-2017

2017-2018

2018-2019

 
2019-2020

 
2020-2021

Grand Total

SUB-APPENDIX C
REQUEST FOR PAYMENT FORM

(Section 2)