Transport Canada/Islands Trust Letter of Understanding on harbours, dock divestiture within the Islands Trust Area

Extracted text (beginning)

LETTER OF UNDERSTANDING
on
TRANSPORT CANADA HARBOURS
DOCK DIVESTITURE
within the
ISLANDS TRUST AREA
BETWEEN
Harbours and Ports Branch
Department of Transport Canada,
Government of Canada ("TCHP")
AND Islands Trust Council ("The
Islands Trust")
PREAMBLE
WHEREAS Transport Canada Harbours and Ports ("TCHP") Branch will be divesting its
regional/local ports in accordance with the National Marine Policy announced on December 14,
1995.
AND WHEREAS the Islands Trust Council wish to ensure that community interests and any
proposed land-use changes are addressed through local trust committees.
NOW THEREFORE the principles established in this letter of understanding shall form the
basis for interagency cooperation during Transport Canada's regional port divestiture
program within the Trust Area.
BACKGROUND
1.         The TCHP Branch is to eliminate its responsibility and costs associated with the
operation and maintenance of all regional/local ports.
2.         Regional/local ports will be transferred to other federal departments, the provincial
government, local governments, community organizations, private interests and other
groups. Any sites that are not acquired by an organization or the public through the
divestiture process may be closed and eventually removed.
3.         Transfers to other federal departments, the provincial government, local government, or
community groups will occur under the terms negotiated between the TCHP Branch
Divestiture Team and the new entity.
4.         The TCHP Branch does not have fee simple tenure of its properties at most sites.
Rather, the sites are transferred to the TCHP Branch by the BC Lands Branch of the
Ministry of Environment, Lands and Parks via an administrative instrument that includes
a retrocession clause. The TCHP Branch will work with the BC Lands Branch in
transferring a site to another organization.

5.         Any fee simple properties owned by the TCHP Branch shall be divested at market
value, unless formal approval is received from the appropriate authorities to do
otherwise.
COOPERATION
6.         The Islands Trust may assist the TCHP Branch in identifying parties that may be
interested in acquiring a TCHP Branch divestiture site and transferring a site to such
party.
7.         The Islands Trust and the TCHP Branch shall work together in organizing public
meetings on a site-by-site basis prior to the completion of a divestiture, as applicable.
8.         The existing protocols between BC Lands and the Islands Trust are recognized and will
be utilized by the TCHP Branch in proposing the transfer of a dock to another
organization.
9.         The TCHP Branch will give notice to the Islands Trust before a TCHP Branch dock is to
be removed or closed.
10.       The TCHP Branch will give notice to the Islands Trust of any short term closures of
the TCHP Branch docks.
11.       The primary persons responsible for administering this agreement are: the
Executive Director of the Islands Trust; and the Reg

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