TERMS OF REFERENCE
1.0 PREAMBLE
PARTICIPANTS IN THE NECHAKO WATERSHED COUNCIL ACKNOWLEDGE THAT:
1.1 The concept of jointly managing the Nechako River and Watershed had been proposed by community groups in the region in the early 1980's. In January 1993, the Government of British Columbia directed the BC Utilities Commission to review Alcan's Kemano Completion Project. Among many recommendations in its final report, the BCUC recommended that a watershed management agency be established. Since then, the Fraser Basin Management Board and its successor, the Fraser Basin Council, have facilitated interest-based discussions to determine the basis on which people would be willing to work with others to find solutions for the long-term well-being of the Nechako River and Watershed, and of the communities which depend upon them, and to begin developing a process to accomplish this goal;
1.2 Various water management issues affect communities and interests within and outside the Nechako River Watershed;
1.3 Those communities and interests desire to ensure that the waters of the Nechako River are managed to preserve the ecological integrity of the aquatic ecosystems and to facilitate reasonable, equitable and sustainable use of water resources for present and future generations, including:
1.3.1 ensuring the long term health of the Nechako River and Watershed;
1.3.2 ensuring the social, economic and cultural benefits related to the Nechako River and Watershed and the communities that depend on them;
1.3.3 meeting the needs of living organisms within the ecosystems of the Nechako River and Watershed; and
1.3.4 ensuring transparency, awareness, and public involvement in planning and decision-making processes regarding the Nechako River and Watershed;
1.4 A cooperative process encourages the assessment of water issues and promotes sustainable water resource use and management; and
1.5 Commitment and support for these Terms of Reference from the provincial and federal governments and Alcan are important to the success of the Watershed Council.
2.0 DEFINITIONS
"Council" means the Nechako Watershed Council.
"Consensus" means all participants are willing to adopt "a total package" in spite of any specific differences with individual aspects of an agreement.
"Participants" are members of the Council representing one or more Participating Organizations;
"Participating Organizations" are the organizations listed in Appendix A to these Terms of Reference;
"Watershed" means the Nechako River and its Watershed as depicted in the map attached as Appendix B to these Terms of Reference.
3.0 PURPOSE
3.1 The purpose of the Council is to enhance the long-term health and viability of the Nechako Watershed with consideration for all interests, and to provide a forum to address water management and related issues in the Watershed and to work toward cooperative resolution of these issues.
4.0 GUIDING PRINCIPLES
4.1 The Council conducts its activities according to the following guiding principles:
4.1.1 Inclusive: Representation is open to all participating interests;
4.1.2 Open and transparent: All activities and decision-making are conducted in an open and transparent manner;
4.1.3 Cooperative: Participants work together;
4.1.4 Adaptive: Council processes are adaptive and flexible to allow for change over time;
4.1.5 Solution-oriented: Participants seek to resolve issues;
4.1.6 Linkages: Participants endeavour to form partnerships and undertake joint efforts with federal, provincial, local and First Nations governments, agencies and representative organizations; private and volunteer sectors; and complementary initiatives and programs;
4.1.7 Informed: Analysis and decision-making are based on the best available scientific data, and local and traditional knowledge;
4.1.8 Respect: Participants respect the right of others to hold and express their opinions, values and beliefs;
4.1.9 Recognition: Participants recognize existing rights, agreements and obligations;
4.1.10 Accountability: The Council is accountable to those having an interest in the Watershed and reports regularly on its activities.
5.0 DECISION-MAKING
5.1 All decisions by the Council are made by consensus.
5.2 Should one or a few participants feel that they cannot consent to a certain point, it is their responsibility to provide an explanation as to why they do not agree, and to work toward a solution.
6.0 SCOPE and DUTIES
6.1 The Council may include among its activities:
(i) action plans, including working towards a long-term river management plan;
and
(ii) a public information and involvement program.
6.2 The Council may establish an administrative secretariat, subcommittees, project research teams and/or independent scientific advisory panels as needed.
6.3 The Council may establish linkages with existing information and research agencies.
6.4 The Council may advise existing authorities on a meaningful, on-going basis regarding specific water management issues that arise from time to time.
7.0 GEOGRAPHIC AREA
7.1 The Council addresses water management issues in the geographic area which encompasses the Nechako River and Watershed as depicted in the map attached as Appendix B to these Terms of Reference.
7.2 The Council may consider issues outside of the geographic area which are affected by, or which may affect, the geographic area.
8.0 REPRESENTATION
8.1 Membership in the Council shall be representative, voluntary, balanced and equitable.
8.2 Representatives are appointed by those Participating Organizations listed in Appendix A of these Terms of Reference.
8.3 Additional representatives may be appointed by other organizations.
8.4 Prior to any request for membership being accepted, the organization
requesting membership must accept the Terms of Reference.
8.5 Each Participating Organization may appoint two representatives.
9.0 BUDGET AND WORK PLAN
9.1 The Council annually prepares and adopts an operating budget.
9.2 The Council annually prepares and adopts a work plan which identifies the various tasks and assignments of volunteers, staff and/or seconded staff.
10.0 FUNDING
10.1 Participating Organizations contribute funds or in-kind services to the Council's basic operations, administration, staff support, and/or individual projects to the best of the Participating Organization’s ability.
10.2 The Council may obtain funding from non-participating organizations and other sources.
10.3 The Council may allocate funding for travel expenses to enable Council representatives to participate in Council activities
10.4 If a proposed contribution of funds exceeds 50% of the total annual
contributions from all Participating Organizations, the Council may accept
reject such contribution on a case-by-case basis.
11.0 OPERATING PROCEDURES
11.1 The Council establishes operating procedures to conduct its activities in a fair and just manner.
12.0 ABORIGINAL AND TREATY RIGHTS
12.1 Nothing in these Terms of Reference shall be interpreted in a manner inconsistent with the exercise of any existing Aboriginal rights and title as recognized and affirmed in s. 35 of the Constitution Act, 1982, which include rights now existing or which may be acquired under treaty agreements.
13.0 PROPRIETARY RIGHTS OR INTERESTS
13.1 These Terms of Reference shall not derogate from any proprietary or other legal rights or interests of the Participants, and are without prejudice to any other action any of the Participants may take whether relating to a subject within these Terms of Reference or not.
14.0 AMENDMENT and TERMINATION
14.1 These Terms of Reference may be amended by the Council.
14.2 These Terms of Reference shall continue until amended or terminated by the Council.
15.0 EFFECTIVE DATE
15.1 These Terms of Reference are made effective this 28th day of June 1998.
APPENDIX A - PARTICIPATING ORGANIZATIONS
IN ALPHABETICAL ORDER
(As of June 30, 2000)
Alcan Smelters and Chemicals Ltd – BC
BC Trappers Association
City of Terrace
City of Prince George
Community Futures Development Corporation of Stuart Nechako
District of Fort St. James
District of Kitimat
District of Vanderhoof
Kitimat Chamber of Commerce
Lheidli T'enneh
Nechako Valley Regional Cattlemen's Association
Northwest Communities Coalition
Province of British Columbia
Regional District of Bulkley Nechako - Area `D'
Regional District of Bulkley Nechako - Area `E'
Regional District of Bulkley Nechako - Area `F'
Southside Economic Development Association
Terrace and District Chamber of Commerce
Tweedsmuir Recreation Commission
University of Northern BC
Vanderhoof and District Chamber of Commerce
Vanderhoof Fish & Game