MEMO OF UNDERSTANDING

                                                                             June 20, 2012

 

THE CLEAR LAKE CABIN ASSOCIATION

MEMORANDUM OF UNDERSTANDING

 

 

BETWEEN:

 

 

HER MAJESTY THE QUEEN IN RIGHT

OF CANADA, AS REPRESENTED BY THE

MINISTER OF THE ENVIRONMENT

(“PCA”)

 

 

– And –

 

 

THE CLEAR LAKE CABIN ASSOCIATION (CLCA) and

CLEAR LAKE CABIN ASSOCIATION BOARD, (“CLCAB”)

 

 

A. PURPOSE

The purpose of this MOU is to provide guidelines for the provision of recommendations

to Parks Canada on matters of local concern to the cabin owners in the CLCA.

B. OBJECTIVE

The objective of this MOU is to have duly elected representatives from The Clear Lake Cabin Owner’s Association participate and provide recommendations on various aspects of management; and to provide a forum for the residents to bring forth concerns related to Parks Canada issues. The meetings are also a forum for Parks Canada to provide continuing communication with the campground representatives on Parks Canada plans, initiatives and issues that affect or will affect the residents of the CLCA.

 

The Parties Agree as Follows:

 

Section 1.0 Interpretation

 

1.1       In this Memorandum of Understanding each of the following terms shall, unless

the context otherwise requires, have the meaning set out beside it:

 

(a)       “Canada National Parks Act” means the Canada National Parks Act,

S.C., 2000, c.32.

 

(b)       “Manager,” means Parks Canada’s departmental managers

for Riding Mountain National Park or the manager’s authorised representative;

 

(c)        “Campground” means the area within the boundaries of the legal land survey for the Clear Lake Cabin Area;

 

(d)       “Lessee” means the head lessee of public lands in the campground, or

their authorized representatives;

 

(e)       “Minister” includes the Minister’s authorised representative;

 

(f)        “MOU” means this Memorandum of Understanding;

 

(g)       “Superintendent” means the Superintendent of Riding Mountain

National Park or the Superintendent’s authorised representative;

 

(h)       “Townsite Manager” means Parks Canada’s Townsite Manager for the

Visitor Centre of Wasagaming or the Townsite Manager’s authorised

representative;

 

1.2       Any reference to statutes or regulations in this MOU includes any amendments,

revisions, substitutions and consolidations that may be made from time to time.

 

Section 2.0 Campground Representation

 

It is intended that the CLCAB will be the recognised voice of the Campground

Residents and Lessees. The represented association members shall also maintain their ability to consult directly with the Agency on matters of specific interest to them.

 

Section 3.0 Membership

 

3.1      The CLCAB membership and constitution shall be governed and determined by the CLCA at arms length from PCA.

 

 

Section 4.0 Procedures

 

4.1       It is intended that the CLCAB will have a minimum of two meetings per year with representatives of the Park. The Chairperson will be responsible for

calling all meetings of the CLCAB and developing an agenda for each meeting.

 

Section 5.0 Authority of the Board

 

5.1       The CLCAB will, subject to the authority of the Federal Crown:

 

(a)       make recommendations to Parks Canada respecting the level of municipal

services in the campground.

 

(b)       recommend for approval an annual operating and capital budget regarding

municipal services prepared by Parks Canada for municipal services

provided to the campground by Parks Canada;

 

(c)        appoint representatives to sit on various Parks Canada committees;

 

(d)       make recommendations to Parks Canada respecting development; and

 

(e)       provide input on other aspects of Parks Canada management affecting

Riding Mountain National Park.

 

5.2       Parks Canada will retain authority for development control and land use.

 

5.3       All recommendations made by the CLCAB must be consistent with applicable laws, plans, policies, and regulations, including but not limited to, the Riding Mountain Management Plan and the Wasagaming Community Plan.

 

Section 6.0 Committees of the Board

 

6.1       Members of the CLCAB shall form committees as required to include such topics as the Project Committee, Comprehensive Review Committee and Building Committee. Committees shall report on recommendations and matters of discussion at the regular CLCAB meetings.

 

6.2       The Project Committee will make recommendations on:

 

(a)       the capital budgets for the installation of water and sewer;

(b)       planning for water and sewer installation; and

(c)        decommissioning of washroom and shower buildings.

 

6.3       The Comprehensive Review Committee will make recommendations on all matters related to the comprehensive review including topics such as cook shacks, parking, public safety, traffic, green space, reforestation, boat storage, lakeshore development and other topics as they develop.

 

6.4       The Building Committee will make recommendations on amendments and implementation of the building and development guidelines for the cabins and cabin area as required.

 

 

 

 

 

Section 7.0 Parks Canada Consultation

 

7.1       Parks Canada agrees to provide to the CLCAB information on all matters pertaining to the campground.

 

7.2       Parks Canada agrees to discuss with and seek the recommendations of the

CLCAB regarding:

 

(a)       environmental protection and management;

(b)       budget and municipal services;

(c)        cultural resource protection and management;

(d)       decisions on major projects and capital infrastructure;

(e)       initiatives affecting the seasonal campground area, including comprehensive review, planning, public safety, recreation, and

(g)       development and building guidelines and variances from

approved plans and guidelines.

 

Section 8.0 Board Representation on Parks Canada Committees

 

Where the CLCA nominates an individual to participate on their Board and committees, it will be the responsibility of that individual to solicit input from the CLCA and to report back to regular meetings.

 

Section 9.0 Costs

 

9.1       The Minister has statutory obligations and responsibilities under the Canada

National Parks Act, Federal Contracting Regulations and Policies, Treasury

Board Policies and existing contracts and collective agreements which impact

upon municipal servicing. These obligations shall not be fettered by

this MOU.

 

9.2       Payment of any monies by Parks Canada shall be subject to the Financial

Administration Act, any other applicable legislation, and Treasury Board policies.

 

Section 10.0 Recommend Regulations

 

Parks Canada will consider for recommendation to the Governor in Council

requests from the CLCAB to create regulations for the better management of the

campground, provided that such proposed regulations are authorised by the

Canada National Parks Act, and consistent with this MOU, Applicable laws,

plans, policies and regulations, including but not limited to, the Riding Mountain National Park Management Plan and the Wasagaming Community Plan.

 

Section 11.0 Designated Parks Canada Representative

 

The Townsite Manager is the officially designated representative on all matters

relating to the community and will endeavour to attend all CLCAB meetings. The

Superintendent or a designate and departmental Managers or a designate will attend meetings of the CLCAB as required.

 

Section 12.0 Formal Review of the MOU

 

This MOU shall be reviewed and amended as necessary and mutually agreed.

 

Section 13.0 Dispute Resolution

 

Subject to applicable laws, where the CLCAB and the Townsite Manager are unable to arrive at a mutually agreeable solution to any outstanding issue, the CLCAB may appeal to the Superintendent. If the CLCAB and the Superintendent are unable to resolve the issue the CLCAB may appeal the Superintendent’s decision to the Vice-President, Operations, for Western and Northern Canada.

 

Section 14.0 Term

 

This MOU shall remain in force and effect from the date hereof until either party

shall give the other party three (3) months notice in writing of its intention to

terminate this memorandum.

 

Section 15.0 Legal Nature of This MOU

 

15.1    This MOU is not intended by either Parks Canada or the CLCAB to form legal or

equitable obligations or contractual relations. The parties acknowledge that there

is no consideration flowing between the parties.

 

15.2    Neither party has incurred expenses or obligations on reliance of this MOU

justifying a remedy in restitution, quantum meruit or otherwise.

 

Section 16.0 Federal Authority

 

16.1    The statutory discretion of the Federal Crown shall not be fettered by this MOU.

Parks Canada shall consider, but is not bound by, any recommendations made

by the CLCAB, or any committees thereof

 

16.2    Where the Superintendent chooses not to accept and act upon the advice of the

CLCAB, the Superintendent will present a written rationale to the Board

explaining the departure from the advice of the CLCAB, at the next meeting of the CLCAB. Disputes shall be resolved as outlined in Section 13 of this MOU.

 

 

 

 

 

 

17. Water and Sewer Project Agreement

 

The parties agree as follows:

 

1.0         Water and Sewer Project in Clear Lake Cabin Area

1.1         By mutual agreement with the Clear Lake Cabin Association, Parks Canada will install sewer and water services in the RMNP Cabin Area during the 2013/14 construction season.  The estimated cost of construction is $ 2,625,000, with the cost to be confirmed after tendering.

 

1.2         The full capital cost of the sewer and water project will be borne by the cabin owners on a per lot allocation basis. 

 

1.3         The cost of connecting to the water and sewer lines from the cabin to the main system will be at the expense of the cabin owner.

 

1.4         The sewer and water project will meet the requirements of the Canada Environmental Assessment Act.

 

1.5         The design and construction standards for the sewer and water project will meet all Parks Canada requirements.  CLCAB and Parks Canada will work together to design notices for request for proposals and review proposals which are submitted and the tender will be awarded by Parks Canada.  Construction is proposed for fall/spring, 2013/14. 

 

1.6         Parks Canada will undertake, as an in-kind contribution to this project, to provide construction supervision.  Parks Canada will inspect all work and provide for progress payment as outlined in the contract.

 

2.0         Amendments to the Cabin Development Guidelines

 

In order to facilitate the installation of bathrooms, Parks Canada agrees to make a number of changes to the cabin development guidelines, outlined below:

 

2.1         Cabins  will be allowed to develop to a maximum of 768 square feet, including the option of an external washroom facility of 48 square feet

2.2         Storage sheds will be allowed to develop to a maximum of 48 sq. ft. to be situated within leased lot lines and setbacks.

2.3         Total site coverage (cabin + shed + deck) shall not exceed the maximum outlined in the cabin development guidelines. 

2.4         Cabin owners replacing their existing cabin, or making significant structural changes to an existing cabin must include washroom facilities within the cabin.

2.5         All washroom developments shall employ water conservation technologies including low flush toilets and low flow shower heads.

2.6         Cabin owners will be able to develop to a maximum height of 20 feet from the top of the main floor joist to the peak of the roof.

2.7         The maximum of 40% space useable for loft area will be removed from the cabin development guideline.

2.8         For cabins with existing legal non-conforming decks and for which owners plan to undertake modifications to cabin and/or shed for the purposes of installing bathroom facilities, Parks Canada will require all legal non-conformities to be rectified.

 

3.0         Connecting to Sewer and Water Services

 

3.1         Pursuant with section 3(1) of the Parks Canada Sewer and Water Regulations, which states, “the owner of every building on a lot that fronts or abuts on any part of a street on which a water main or sewer main has been laid shall connect the building directly to that water main or sewer main, as the case may be”, All cabins will be considered to have met this requirement when the main sewer and water infrastructure project, including cabin connection boxes is completed.

3.2         Pursuant to section 4 of the Parks Canada Sewer and Water Regulations any connection by a cabin property with a water and sewer main requires the permission in writing of the Superintendent.

3.3         Existing cabin owners shall not be required to connect to their connection box if their cabin does not have interior plumbing fixtures. A condition for future assignments of cabin leases or the issuance of development permits shall be the final connection of interior plumbing to the water and sewer system.

 

4.0         Phasing out of Washrooms:

            It is agreed that all public washrooms and the shower building will be retained until October, 2019 or five years after the infrastructure project is completed, whichever is greater.  After this date Parks Canada and the CLCA Board will annually review the public washroom and shower requirements. Based on the number of cabins connected to shared services, and the location of these cabins, washrooms may be closed pursuant to mutual agreement. The public shower building may be retained until such time as the parties mutually agree or the building has reached the end of its usable life. 

 

 

5.0         Implementation of the Agreement:

5.1         Parks Canada and the CLCAB agree to work cooperatively to communicate this agreement to the cabin owners and stakeholders.

5.2         Time is of the essence.  In order to meet the intent of this agreement, Parks Canada and the CLCAB agree to work vigorously to meet the schedule outlined in the agreement.

5.3         This agreement is not a contract but an MOU between CLCAB and Parks Canada.

 

Section 18.0 Correspondence

 

18.1    All communications required or permitted to be given or served pursuant to this

MOU shall be in writing and shall be delivered personally or may be mailed by

registered mail, postage prepaid, addresses as follows:

 

Parks Canada

C\O Townsite Manager

Wasagaming

Manitoba, R0J 2H0

 

CLCAB

Wasagaming, Mb

R0J 2H0

Or alternate address

                                                                                                                       

 

18.2    Every notice mailed in any post office in Canada by prepaid registered mail in an

envelope addressed to the party to whom the same is directed shall be deemed

to have been given and received by the addressee the fifth business day

following mailing except where there is a labour strike or other postal interruption

which interferes with mail deliveries, in which case every notice provided for in

the agreement or arising in connection thereforth shall be in writing and shall be

delivered to the party or parties at the above addresses and such notices shall be

effective only if and when actually delivered.

 

 

                                                                                     

 

 

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