Rural Newfoundland and Labrador’s Future Forest Communities Program’s contribution to economic prosperity utilizing the services of our natural resources
2007 – 2012 Strategic Plan for Newfoundland and Labrador
Prepared by:
Model Forest Communities of Newfoundland and Labrador September 2007
Prepared for:
Forest Communities Program Secretariat Natural Resources Canada Canadian Forest Service
Š Western Newfoundland Model Forest Inc. (WNMF)
WNMF has catalogued this Strategic document as follows: Strategic Plan: Forest Communities Program (FCP) 2007 - 2012 Editor of document: Sean Dolter, Project Manager Issued also on the WNMF website after October 1, 2007
Copies of this document may be obtained from: Communications Western Newfoundland Model Forest Inc. P. O. Box 68 Corner Brook, NL A2H 6C3 Telephone: 709-637-7300 Fax: 709-634-0255
Table of Contents Summary....................................................................................................................1 Introduction...............................................................................................................2 Background .............................................................................................................2 Relevance to the Forest Community Program........................................................2 Motivation to Implement the FCP...........................................................................2 Site Description...........................................................................................................3 Incorporation Name................................................................................................3 Total Area ...............................................................................................................3 Tenure and Settlement Patterns ..............................................................................3 Biophysical Information..........................................................................................4 Parks and Protected Areas .....................................................................................4 Road Access and Transportation ............................................................................4 Natural Resource Industries ...................................................................................5 Demographics and Socio-economic Considerations ..............................................5 MFC-NL Objectives..................................................................................................6 Overall Philosophy .................................................................................................6 Strategic Vision.......................................................................................................7 Goals and Objectives ..............................................................................................7 Relevance to National FCP Objectives...................................................................7 Strategies to Achieve Objectives.............................................................................8 Activities and Outputs ............................................................................................12 Overall Plan of Activity and Outputs....................................................................12 Outcomes of the MFC-NL......................................................................................17 MFC-NL Partners: Nature of Partnerships & Future Impacts .........................18 Process to Engage Partnerships and Retain Working Relationships...................21 Measuring Performance and Achievement...........................................................21 Governance...............................................................................................................22 Role and Responsibility MFC-NL Partners..........................................................22 ii
Model for Governance and Participation.............................................................24 Communications and Marketing Strategy ...........................................................25 Communication Objectives ...................................................................................25 Marketing Objectives ............................................................................................25 Internal and External Communications................................................................26 Staff and Partner Capacity ...................................................................................26 Canadian Model Forest Network Liaison.............................................................27 Language Capacity ...............................................................................................27 Administration .........................................................................................................27 Organizational Capacity.......................................................................................27 Office Facilities.....................................................................................................28 Staff Reporting Structure and Accountabilities ....................................................28 Finance......................................................................................................................28 Financial Plan ......................................................................................................28 Support from Partners ..........................................................................................29 Appendix A: Decision Making and Resolving Conflicts..........................................31 Consensus Principles ............................................................................................31 Conflict Resolution................................................................................................31 Gradients of Consensus ........................................................................................32 Conflict of Interest ................................................................................................32 Appendix B: Articles of Incorporation and Groundrules .......................................34 Appendix C: Funding Commitments.......................................................................96 Appendix D: Logic Model and Results Based Management Framework.............131 Results and Outcome Chain................................................................................131 Performance Measurement Strategy...................................................................132 Appendix E: References and Sources .................................................................134
iii
Table 1: Overview of Strategic Approaches....................................................................... 9 Table 2: Overall Plan of Activity and Outputs ................................................................. 12 Table 3: Outcomes and Performance Indicators............................................................... 17 Table 4: Partnerships and Future Impacts......................................................................... 18 Table 5: 5 Year Financial Scenario for Using NRCan-CFS Funds .................................. 28 Table 6: Planned Revenue for 2007-2012 ........................................................................ 29 Table 7: Planned Expenditures for 2007-2012 ................................................................. 30 Table 8: Gradients of Consensus ...................................................................................... 32 Table 9: Performance Measurement Strategy................................................................. 132 Figure 1: 5 Year Progression .............................................................................................. 8 Figure 2: Model for Goverance and Participation ............................................................ 24 Figure 3: Logic-Results and Outcome Chain.................................................................. 131
iv
Summary This Strategy Plan incorporates the vision of the new NRCan – CFS national Forest Community Program (FCP) with the aspirations of the Newfoundland and Labrador natural resource and rural community sectors. We illustrate and reconfirm our ideas and approaches brought forth in the 2006 submission to the FCP as a candidate site and look forward to the implementation of our own program between 2007 and 2012. We have presented a series of activities per year leading to definitive outputs. Three levels of outcomes gauge the success and accountability of our approach with specific indicators to measure performance. Our program is directed under five strategic objectives: • Capacity Building and Professional Development; • Developing Approaches and Sharing Knowledge ; • New or Enhanced Forest Based Opportunities; • International Outreach; • Bringing Forth the Model Forest Legacy. Building on a successful 15-year track record of creating and delivering Communications and Outreach activities for the Western Newfoundland Model Forest Partnership and the Canadian Model Forest Network, our Communications, Outreach and Extension Strategy, combined with our Marketing/Networking Strategy, outlines the communications and marketing efforts that will support the work and vision of our new program. The organization under its new mandate and partnership will deliver the FCP under the name of the Model Forest Communities of Newfoundland and Labrador (MFC-NL). This new name bridges the former Model Forest program and the new Forest Community Program. It will be provincial in scope and will be focused on building community capacity as its primary objective. Our incorporated identity will officially remain as the Western Newfoundland Model Forest Inc. The new approach caused the partnership to reflect and revise our administration/structure to economic changes. For the MFC-NL to implement an ambitious plan for the period 20072012, significant resources are targeted. The scenarios outlined in this Strategy Plan show where our resources will come from and generally, how we intend to allocate these resources. Our proposal sets a course for rural communities across Newfoundland and Labrador and Canada. It’s a new, innovative approach to sustainable community development that utilizes skills developed and proven by our experience. The FCP will work in cooperation with communities to rethink how their forest resources can be valued and managed.
1
Introduction Background The creation of the Model Forest program was a significant step, not only for Canada, but for the province of Newfoundland and Labrador. The WNMF was to be an experiment in integrated resource management using a multi-stakeholder approach. Successes and Challenges WNMF characterizes its successes by the outputs that emerge from projects, or the results that occur when the output is used, implemented or understood. The WNMF has made a tremendous contribution to the depth of natural resource knowledge presently implemented in resource and value-based management. Our partnership has increased in numbers, diversity and knowledge, and in its capacity to engage partners outside the Model Forest program. Practicing integrated resource and sustainable forest management still remains a challenge. One of the biggest challenges facing our partnership is the economic rationalization of financial and in-kind resources toward non-profit activities such as pure research, education and communications Both industry and government are preparing strategies to look at more efficient models for generating revenue from our forest resource. The time for innovation is truly upon us and we must diversify our investments in forest management to include economic forecasts and potential benefits from non-traditional approaches. Future The NRCan-CFS Model Forest program has come to an end. The partnerships and collaborative networks developed during the Model Forest tenure are established. Being part of a network of forest stakeholders is now an accepted aspect of forest management. Relevance to the Forest Community Program The Canadian Model Forest Network (CMFN) has 15 years of experience in the area of sustainable forest management. Together, we have pioneered and applied truly unique methods using multi-stakeholder approaches to inclusive management. Our individual programs seeded our regions with a willingness to forge long-term relationships. Motivation to Implement the FCP The new Forest Communities Program (FCP) goes to the heart of where forest management needs collaboration and support. Rural communities have traditionally lacked the capacity to participate fully in SFM initiatives due to an emphasis on industry needs, government processes, and applied research. The FCP recognizes that sustainability of our sector must focus on rural communities where residents interact directly with the forest resource. 2
Site Description Incorporation Name Western Newfoundland Model Forest Inc. Contact:
William Furey, President P. O. Box 68 Forest Centre, University Drive Sir Wilfred Grenfell College Campus Corner Brook, NL A2H 6C3
Total Area The MFC-NL can be characterized into two land masses; an island portion and a Labrador portion, and five primary community networks or clusters within those two land bases. The total landbase area covered by the five local community networks is approximately 4 million hectares. Network of Communities The MFC-NL has targeted five networks of communities in Newfoundland and Labrador to implement its FCP initiatives. Each Local Community Network (LCN) is considered to be an independent network linked through one central organization that we refer to as the Forest Communities Network (FCN). The individual LCNs are distinct in their needs and capabilities. Three of the five LCNs are within one zone called the Rural Secretariat Region for Corner Brook – Gros Morne. The fourth is located in eastern Newfoundland along the Eastport Peninsula. The final LCN is in Labrador and encompasses Forest Management District 19A. Tenure and Settlement Patterns Land tenure for MFC- NL is characterized by large areas of provincial Crown land and a small section designated for federal parks. The crown portions have been allocated to either Corner Brook Pulp and Paper or Abitibi Consolidated Company of Canada in the form of tenures that will expire in 2010 and 2037. In Labrador, all land is presently Crown land with special agreements in lieu of a decision on Innu land claims. There are several distinctive patterns for settlement in this western region. In the 1800s, patterns of immigration and settlement were influenced by mercantile activities and an emerging forest-based industry. Major settlement areas included the White Bay South region, Bay of Islands north and south, and along the western coast of the Great Northern Peninsula. Since that time, populations have declined in many communities. In Labrador, aboriginal settlement dates back thousands of years (Innu Nation, 1998) and is divided amongst two groups - the Innu Nation and the Labrador Inuit. For District 19A, the MFC-NL will focus on its relationship with the Innu Nation specifically. The Innu were 3
settled into the community of Sheshatshiu but have not lost their ties to the land. They are greatly influenced by a subsistence lifestyle and a need to derive economic benefits from either traditional uses of the forest resources or from co-management agreements with the mining and forestry sectors. Innu people value all lands within their territory. European settlement was derived from a small population of immigrants. Patterns were determined by the level of resource exploitation and associated labour migrations. Biophysical Information The MFC-NL boundary ranges from the northwest coast to northeast coast of the Northern Peninsula just above Daniel’s Harbour on the west and Jackson’s Arm on the east. The southern part of the Northern Peninsula is characterized by the Long Range Mountains, which cut through the east side of Gros Morne National Park. East of the Long Range Mountains, a large lowland region extends eastward from Deer Lake and extends southward past Grand Lake. The southwestern portion begins from the coast eastward along the Serpentine Valley to the southern tip of Grand Lake. The island boundary contains large drainages that flow out into the Atlantic Ocean including rivers such as Main River and Humber River. These rivers have sources from lakes along their course, plus smaller streams and ponds that feed into these larger rivers. The most notable feeder lake is Grand Lake. The MFC-NL island boundary contains a wide variety of forest types and ecosystems that range from young regeneration to over-mature timber. The area includes bogs, fens, barrens, coastal heath lands, and riparian areas. It contains abundant wildlife resources including what is considered to be the only remnant population of the endangered Newfoundland Pine Marten. Forest management has a long history in this area dating back to 1864 with the establishment of a sawmill in Corner Brook and later a pulp and paper mill. The mill and the City of Corner Brook are located in the area along with 42 other communities. Parks and Protected Areas Gros Morne National Park Table Point Ecological Reserve Canadian Heritage River Provincial Parks Crown Land Reserve The Arches Protected Water supply areas Main River Waterway Park Development control areas Squires Memorial Provincial Park Ecological Reserves Blow-Me-Down Provincial Park Little Grand Lake Provisional Ecological Reserve, Wildlife and Public Reserve Road Access and Transportation The MFC-NL island boundary is accessible by a combination of highways (primary- TransCanada and secondary), community paved roads, unpaved roads, forest access roads, and trails. With the exception of the northeast side of the boundary and Gros Morne National Park, all areas have been open to some form of harvesting beginning in 1854. All road networks and potential road development projects have been mapped. As well, the region has a regional airport that has regular flights from Europe, Montreal and Halifax. 4
The Port of Corner Brook is equipped with modern shipping and receiving facilities for containerized products. The ferry service links the Trans-Canada Highway from mainland Canada to Channel Port-aux-Basques and operates at a commercial capacity. Natural Resource Industries The following commercial ventures are dependant on terrestrial and freshwater natural resources within the MFC-NL boundary: • Pulp and paper and integrated sawmill industry, • Commercial and domestic fuelwood, • Christmas tree farming and balsam fir tipping operations, • Agriculture: dairy, vegetable, eggs, silage, mink farming and trappers, • Mining and mining exploration, Quarries: aggregate and dimension stone, • Adventure tourism: Recreational and leisure sports based on freshwater, terrestrial, and coastal access Resort timeshares and 2nd homes, • Outfitting operators: fishing, hunting, snowmobiling, ATV, • Hydroelectric development and transmission lines. Demographics and Socio-economic Considerations From the 2001 census, the population for the MFC-NL boundary was 45,495 and marks a decline of 9% from 1996. Of this population, 42% of the 20 years of age and older population do not have a high school diploma. In the MFC-NL region, 11% of people aged 25 to 54 had a Bachelor’s degree or higher compared to 13% for the province. In 2003, the average income for the region’s population was $18,800 compared to a provincial average of $19,800 and a national average of $24,900. 5,355 residents were receiving social assistance in 2004 compared with 7,945 in 1991. For Employment Insurance benefits, recipients in 2004 totaled 9,180 compared with a 1992 figure of 14,125. Seventy-eight per cent of the homes in the MFC-NL region are owned compared to the 66% national average. This is partly due to people cutting logs and building their own homes. Subsistence History: This region has a strong culture of subsistence living and dependence on its natural resources. Activities that reflect this culture are: - Game hunting (food): moose, caribou, bear, hare and fishing: trout and salmon - Waterfowl hunting: duck, goose, (non-water) ptarmigan, grouse - Domestic harvesting: fuelwood and sawlogs - Berry picking, and to a lesser degree mushroom harvesting. Opportunities: MFC-NL will explore opportunities for its representative communities. As cooperating networks with common objectives, there are a number of opportunities available: - Negotiating: A network can pool its resources, skills and energy to obtain services and products to assist in establishing value-added businesses. 5
-
-
Community Ownership: MFC-NL will structure its sites to ensure a high degree of self-determination and community-directed strategies versus a structure that is strongly influenced by outside forces. Economic Development: MFC-NL will investigate approaches to a higher labour component for activities adjacent to communities. Non-timber forest products are also a focus with the new program, and the ability to produce value-added enterprises within a community structure. Skill Synergy: A broad-based membership increases the ability to leverage diverse skills, knowledge and resources rather than a traditional business model.
Product Development Opportunities Timber Based: Agreements can be negotiated between the pulp and paper industry and the integrated sawmill sector and will be based on a cost-recovery model; Value-added processing: bio-fuel (pellets/chips), lumber products, furniture, flooring, medicinal product development (Taxus Canadensis ‘Yew”); Balsam fir wreath export: Northeastern US has a strong demand for Canada fir products during their lucrative Christmas season. Once thought to have an abundant market, New Brunswick’s supply and labour woes puts Newfoundland in a competitive position. Non-Timber Based: Touring and Explorer Market: Enhanced adventure tourism experiences are a primary market for Newfoundland and Labrador. Visitors to Newfoundland and Labrador are leisure tourists who participate in both sightseeing and soft adventure activities. They seek a vacation that includes a broad range of activities, a mixture of experiences based upon the province’s diverse blend of significant cultural heritage, soft adventure, and nature viewing experiences; All-terrain recreational experiences; National and international extreme adventure events centered on Newfoundland’s wilderness experience and topographical challenges; Educational Tourism: Focusing on culture, heritage, and unique ecological forest features can be a key element to future rural economies; International Field Research and Exchange: A potential exists to link with several other federal and provincial initiatives to explore opportunities in research and education. Training and Certification: Frontline worker certification gives a standard of quality for this region and a sense of pride in the practice of forestry. Community-Based Management: Medium to small-scale forestry operations managed by the community network: Communities can diversify their forest-based economies and follow the same guidelines for sustainable forest management.
MFC-NL Objectives Overall Philosophy The WNMF has a philosophy that characterizes its successes within its own partnership. As an organization, we build the capacity of our partners to think strategically about a common vision for forest management and utilization. We build and transfer the systems, tools, and knowledge required to fulfill the tasks necessary to meet their strategic goals and assist in 6
the implementation phase by designing prototypes and models that demonstrate the applicability of specific approaches. Our strongest performance indicator is the ability of a partner to be independent from our continued support and to have a strong sense of ownership in their future direction. Strategic Vision Resource-based rural communities are equipped and empowered to be innovative in meeting opportunities and challenges of a healthy and changing forest sector. Goals and Objectives • 1.0 Capacity Building o Build strong forest-based communities that will effectively meet transitional challenges and produce healthy local economies. Facilitate governance options to build community ownership and accountabilities in the forest sector. • 2.0 Developing Approaches and Sharing Knowledge o Create awareness in science-based solutions so that decisions are based on factual information and are accountable and realistic. • 3.0 New or Enhanced Forest Based Opportunities o Establish the capacity to explore new opportunities in the forest sector that directly benefit the communities targeted. Engage partnerships to implement activities and encourage a transfer of successful methodologies. • 4.0 International Outreach o Deliver internationally significant success stories and experiences to benefit the MFC-NL partners and its selected international model forest sites. • 5.0 Bringing Forth the Model Forest Legacy o Implement and refine the legacy outputs of three phases of the model forest program that are relevant to the MFC-NL partners’ ability to practice SFM. Relevance to National FCP Objectives MFC-NL’s objectives impact directly on all of the FCP program objectives: • Develop competitive, productive, strategic industry sectors by collaborating with sector leaders in the fields of forest management, ecological-educational-adventure tourism, non-timber forest products, and innovative sectors suited to rural communities. • Establish business approaches that utilize community strengths and resource assets; • Strengthen community infrastructure by establishing legal cooperative agencies, designing facilities to met the challenges for a rural workforce, negotiating memorandums of understanding on resource utilization, and forging industry partnerships. • Invest in projects that enhance a community’s capacity through training, information sharing, technical transfer of management systems and tools, infrastructure needs assessment leading to development, and demonstrating opportunities through action. 7
Strategies to Achieve Objectives Overview of MFC-NL Five Year Progression
MFC-NL Framework
Monitor effectiveness and performance
5 Year Progression
Federal FCP Prov. FCP Legacy Initiatives
Î
Build Capacity
Î
Gather Î Effectively Knowledge Plan
Î
Implement
Partner-led Initiatives
Build LCN Organizational and Î Set the Stage Selection Î for Autonomy Network Effectiveness
Recruitment loop Figure 1: Overview of the MFC-NL Five Year Progression
The MFC-NL has four major administrative programs. Federal FCP: Under the auspices of the federal government’s Forest Community Program, MFC-NL will deliver its mandate through three of its five LCN sites: Northern Peninsula LCN, White Bay South LCN and the Humber Valley to Gros Morne LCN. Provincial FCP: Under the auspices of contractual agreements in place with the provincial Department of Natural Resources, Forest Services Branch, MFC-NL will deliver its mandate through 2 of the five LCNs: The Forest Management Committee (FMC) Labrador LCN and the Eastport Peninsula-Bonavista South LCN. Legacy Initiatives: Extended from over fifteen years of experience, the MFC-NL will continue to facilitate and assist in the development of SFM systems and tools to encourage the practice of SFM throughout the forest sector. Partner-Led Initiatives Through partner interviews on the FCP’s RFP, an overwhelming majority of partners directed the proposal team to include and enhance MFC-NL ability to assist them with project management challenges. MFC-NL will engage its partners with an administrative and project management approach to continue the implementation of innovative, partner-led initiatives.
8
All of these administrative programs fall under the five MFC-NL Objectives. Each objective has a progressive path for obtaining an autonomous relationship with the MFC-NL. The first three objectives fit into the above figure as Build Capacity, Share Knowledge, and Effectively Plan. Implementation is the final set in any process but is critically linked to the LCN’s capacity to self-manage their future economic revitalization efforts. MFC-NL will be there to monitor effectiveness and performance in terms of the program themes we have adopted. Also critical is the recruitment of future LCNs as a part of a long-term strategy for rural sustainability. A brief overview of the MFC-NL program is given below. Overview of Strategic Approaches Table 1: Overview of Strategic Approaches
MFC-NL Objectives 1.0 Capacity Building
Strategic Approach 1.1 Local Community Network/Special Agreements • Establish Local Community Networks (LCNs) in five strategic regions of Newfoundland and Labrador in cooperation with CFS and FSB. • Arrange and facilitate special agreements to enhance the relationship between the Innu Nation Forestry Office and the Government of NL; • Arrange and facilitate special agreements to enhance the relationship between CBPPL, ACCC, and integrated or private sawmills and designated LCN; • Create the capacity to arrange non-forestry sector agreements with LCNs. 1.2 Professional Development in the Forest Sector • Increase the accessibility and utilization of program(s) for the skill enhancement and certification of the professional forest sector; • Create awareness of the knowledge, competency and skills of forest sector with the general public
2.0 Developing Approaches and Sharing Knowledge
2.1 Synergy across Sectors • Establish a preliminary knowledge base on parallel sector programs impacting communities and their sustainable development; • Create a cross-sector advisory network and assist with the LCN with planning and development product; • Determine a method of linking social, environmental, and economic initiatives that are integrated and accessible to the LCN participants. 2.2 Baseline and Knowledge Gap Assessments • Establish an inventory of biophysical and socio-economic knowledge in the area of sustainable economic development and natural resource management; • Develop and implement a strategy to fill the LCNs gaps in resource knowledge and answer critical questions as part of a Knowledge Generation Plan (KGP); • Forge strong linkages with organizations focused on sustainable economies in the implementation of the KGP; • Develop an online information sharing system that is accessible to 9
participants in the MFC-NL and the LCNs: o Water quality and quantity portal for data acquisition and management; o Tourism values provincial geodatabase. 2.3 Systems and Tools to Assist in Informed Decision • Establish a provincial Community-based municipal watershed management planning system and resources and a progressive implementation plan; • Implement existing or establish innovative community monitoring programs through co-monitoring agreements with provincial and national agencies; • Create the capacity of the LCNs to establish recreational and cultural strategies for the utilization of their forests; • Explore and initiate innovative approaches for the adoption of community forest management systems.
3.0 New or Enhanced Forest Based Opportunities
3.1 Strategic Directions to Guide LCN Business Plans • Facilitate LCNs in creating a strategy to strengthen and enhance community economic revitalization efforts utilizing the forest resources; • Document all findings in a Strategic Directions document that will be incorporated into LCN Business; • Initiate proof of concept and risk assessment analysis on future business initiatives; 3.2 Implementation of LCN Business Plans • Develop a strategy for non-timber forest products: o Tourism related activities, medicinal forest products, mushrooms, birch syrup, wreath-making, recreation, craft production, etc. • Create a model for community-based forestry from strategy design to project implementation: o Value added products (hardwood flooring/ furniture), bio-fuels (chips and pellets), lumber, pulp and paper (roundwood and chips); fuel wood optimization; local subsistence; • Support the development and implementation of Business Plans for the LCNs based on the best and most warranted community-based approaches to economic revitalization.
4.0 International Outreach
4.1
• •
4.2
• •
International Network Development Facilitate and establish a framework to forge agreements on joint ventures with International Model Forests; Assess the utility of accessing funds from international development agencies and, if warranted, encourage contribution agreements on exchange and development projects. Educational Initiatives Abroad and at Home Identify opportunities to establish agreements between the SWGC and CNA initiatives and international partner organizations; Assist NRCan/CFS in the establishment of an International Student 10
Centre on Forest Research in the Boreal.
5.0 Bringing Forth the Model Forest Legacy
5.1
5.2
•
•
• •
5.3
• • •
Refining Systems and Tools Enhance forest management product and service development that meets the needs of an adapting forest sector. The Image of Forestry Develop and implement an Educational Strategy that shares SFM principles and techniques related to the forest sector with education professionals at the primary, elementary, secondary school and University levels; Assist the forest sector in a strategy to address the decrease in enrolment at forestry based educational institutions; Develop and implement a communications strategy that will illustrate to the general public of Newfoundland and Labrador the level of professionalism in the field of forestry. Achieving Financial Autonomy Establish and incorporate a charitable organization for school and public education in the area of Sustainable Forest Management; Access national and international foundations that support SFM initiatives in education; Acquire government and corporate financial agreements based on our ability to delivery on their needs.
11
Activities and Outputs Overall Plan of Activity and Outputs Table 2: Overall Plan of Activity and Outputs
Year
Activities (Numbering: Year.Objective.Project)
Outputs
1.1.1. 1.1.2.
Documents: o Marketing Strategy for MFC-NL; o Communications Strategy; o AMLCP best management practices and workplan. Formal agreements: o LCN groundrules. Meetings/Gatherings: o workshop proceedings; o Press releases. Equipment/Tools: o Binders and knapsacks. Documents: o Advisory Network Preliminary Discussion document; o Corner Brook watershed draft report. Formal agreements: o LCN groundrules; o Contract with the Water Resources Division; o Website portal development agreement and terms of reference. Meetings/Gatherings: o workshop proceedings. Equipment/Tools: o Geospatial DSS portal.
1.1.3. 1.1.4. 1.1.5. 1.1.6. 1.1.7. 1.2.1.
Year 1: 2007-2008
1.2.2.
1.2.3. 1.2.4.
1.2.5.
1.3.1.
1.4.1.
1.4.2. 1.5.1. 1.5.2. 1.5.3. 1.5.4. 1.5.5.
MFC-NL Marketing and Communications Strategies; Formation of 2 LCN sites (Northern Peninsula and White Bay south) and the special agreements for the Eastport and Labrador LCNs; Host CIF/MFC-NL Miniforums; Forest Sector Professional Development Strategy; Forestry Educational Toolbox launch; Facilitate the development of the Atlantic Master Logger Certification Program (AMLCP); Explore a closer relationship on initiatives with Atlantic FCP sites. Coordinate a workshop with other like-minded, multistakeholder initiatives, such as, CFS, Centre for Environmental Excellence, Humber Economic Development Board, Lighthouse Institute, etc.; Identify key individuals across all resource and economic based sectors to assist in the establishment of a LCN Advisory Network; Host a workshop of the LCN Advisory Network; Finalize the Corner Brook Watershed Management Planning process and enhance the existing watershed management planning resources for municipalities in the province; Initiate the development of an information sharing system for the LCNs – first project: NL Water Resources Portal. Workshops with LCNs on the strategic approaches necessary to implement economic revitalization activities: Brainstorming, value identification, community commitment, business models, risk assessment, financing, evaluation and monitoring. Assess joint partnership opportunities with one or more national and international FCP/Model Forests and/or similar organizations on a common initiative: Criteria and Indicators, watersheds, education, community capacity building, etc; Assess the willingness of SWGC and CNA to participate in initiatives with the IMFN. Assessing and Refining the BAP Prototype; Maintain 3rd party project administration for partners; Labrador FMC projects: ISO certification, site classification, etc; Initiate the development of a SFM Education Strategy; Initiate the development of a Provincial Forest Sector 12
Meetings/Gatherings: o workshop proceedings.
Documents: o IMFN Literature review on common initiatives. Meetings/Gatherings: o Minutes.
Documents: o Project Status reports; o SFM Education Strategy draft; o Communications Strategy draft; o Literature review of 3rd party funding options in education and
Year
Activities (Numbering: Year.Objective.Project) 1.5.6.
1.5.7. 2.1.1. 2.1.2. 2.1.3. 2.1.4. 2.2.1. 2.2.2. 2.2.3.
2.2.4.
Year 2: 2008-2009
2.2.5.
2.3.1. 2.3.2. 2.3.3. 2.3.4. 2.4.1. 2.4.2.
2.4.3.
2.4.4.
2.4.5.
2.5.1. 2.5.2.
Communications Strategy; Incorporate a charitable organization for SFM Education and Communications and explore opportunities with similar organizations; Assess the availability of national and international funding toward education and communications in NL. MFC-NL Marketing and Communications Strategy Implementation; Formation of last LCN site (Greater Humber Valley – Gros Morne) Atlantic Master Logger Certification Program (AMLCP); Small ‘Warm-up’ project with LCNs. Biophysical inventories of LCNs; Economic resources assessment in LCNs; Establishment of Knowledge Generation Plans (KGP) for the LCNs, integrating the Advisory Networks recommendations; Begin development of an information sharing system for the LCNs; Formalize a community based municipal watershed management planning system suitable for rural communities in the province. Focus Groups formulate strategies for LCN consideration; Development of a Strategic Directions document for all LCNs; Business Case conceptual development per theme area; Initiate development of the LCNs’ Business Plans. Establish a framework to legitimize joint initiatives between international model forests and the MFC-NL; Assess the requirements for an international pilot project jointly funded between CIDA, IMFN, NRCan, MFC-NL and its partners; Choose a joint initiative to champion and begin project(s) Terms of Reference and implementation plan; Coordinate a resource mobilization approach to fund international joint initiatives and begin to write and submit proposals; Assist partners interested in exploring a business/ feasibility approach to an international student field research station; BAP: Practicality Assessment on broad base implementation; BAP: Prototype training and communications;
13
Outputs communications. Formal agreements: o Project contracts; o Special Project Agreements; o Incorporation papers. Equipment/Tools: o BAP Prototype DSS. Documents: o Status report: Marketing Strategy for MFC-NL; o Status Report: Communications Strategy; o Status Report on AMLCP and workplan; o Project Report. Documents: o KGPs: Inventories and assessments; o CD and Workbook for Municipal watershed committees. Equipment/Tools: LCN Website with link to Geospatial DSS portal.
Documents: o Focus Group recommendations document; o Draft LCN Strategic documents; o Business Case Reports per LCN; o Business Plan outlines. Formal agreements: o Terms of reference for Business Plan development. Documents: o Framework for Joint International Initiatives. Formal agreements: o Agreement(s) in an IMFN site; o Terms of Reference for an International Joint project; o Funding Proposals. Meetings/Gatherings: o MFC & NL meeting minutes.
Documents: o BAP Technical Transfer Assessment document; o BAP Workbook and Training Manual;
Year
Activities (Numbering: Year.Objective.Project)
Outputs
2.5.3. 2.5.4. 2.5.5. 2.5.6. 2.5.7. 2.5.8.
o SFM Education Strategy; o Forest Sector Communications Strategy. Formal agreements: o Project contracts; o Special Project Agreements; o Funding proposals.
3.1.1. 3.1.2. 3.1.3.
3.2.1. 3.2.2.
Year 3: 2009-2010
3.2.3.
3.2.4. 3.2.5. 3.2.6. 3.3.1. 3.3.2. 3.3.3. 3.4.1.
3.4.2. 3.5.1. 3.5.2. 3.5.3. 3.5.4. 3.5.5. 3.5.6.
Maintain 3rd party project administration for partners; Support SFM research Labrador FMC projects: ISO certification; SFM Education Strategy; Forest Sector Communications Strategy; Coordinate a resource mobilization approach to fund provincial education and communication initiatives and begin to write and submit proposals. MFC-NL Marketing and Communications Strategy Implementation and mid-phase evaluation; On-going LCN facilitation; Atlantic Master Logger Certification Program (AMLCP).
Implement research projects to fill the gaps in the KGP; Develop an approach in piloting community-based monitoring programs in both the LCNs and resources management sectors; Workshop with municipal leaders at a NLFM conference the community based municipal watershed management planning system; Develop a strategy for integrating recreational and cultural experiences with economic opportunities; Share international water issues with NL public and continue to promote the NL Water Resources Portal Initiate a Proof of Concept for a Community Forest Management system. Finalize Strategic Documents; Gain Consensus and finalize LCNs’ Business Plans; Initiate implementation of Business Plans. Create a marketing strategy for NL post-secondary forestry programs that can be delivered through the international model forest network; Monitor and continue progress on international joint projects. BAP provincial implementation; Maintain 3rd party project administration for partners; Support SFM research; Labrador FMC projects SFM Education Strategy; Forest Sector Communications Strategy.
14
Documents: o Status Report & Evaluation: Marketing Strategy for MFC-NL & Communications Strategy; o Status Report on AMLCP and workplan. Meetings/Gatherings: o Meeting minutes. Documents: o Project Reports; o Workbook for Community-based monitoring; o Recreational/cultural Integration Strategy for municipalities document; o Communications strategy for international, national and provincial water issues; o Proof of Concept document for Community Forest Management. Meetings/Gatherings: o Workshop proceedings.
Documents: o Final LCN Strategic Documents; o LCN Business Plans. Documents: o International education marketing strategy for NL Natural Resource institutions; o Status Reports. Documents: o Project Status reports; o Forest Sector Communications Strategy Status Report; o Education Strategy Status Report. Formal agreements: o Letter of Agreement for provincial implementation of BAP; o 3rd party Contracts; o Special Project Agreements.
Year
Activities (Numbering: Year.Objective.Project)
Outputs
4.1.1.
Documents: o Status Report: Marketing Strategy & Communications Strategy; o LCN Autonomy Strategy; o Report on AMLCP/ workplan. Meetings/Gatherings: o Meeting minutes. Documents: o Status Report on Community-based monitoring; o CFM Status Report. Formal agreements: o MOU between a LCN and the partners on a pilot CFM program. Documents: o Status Report on Community-based monitoring; o CFM Status Report. Formal agreements: o Terms of Reference; o Business Proposals; o Letters of Support. Documents: o Status Reports; o International education marketing strategy for resource institutions. Formal agreements: o A proposal on sharing watershed management information internationally through the IMFN; o Outreach agreement with LAC-MFN. Documents: o Project Status reports; o Forest Sector Communications Strategy Status Report; o Education Strategy Status Report; o MFC-NL Business Plan. Formal agreements: o 3rd party Contracts; o Special Project Agreements.
4.1.2. 4.1.3. 4.2.1. 4.2.2.
Year 4: 2010-2011
4.3.1. 4.3.2.
4.4.1. 4.4.2.
4.4.3.
4.5.1. 4.5.2. 4.5.3. 4.5.4. 4.5.5. 4.5.6. 4.5.7.
Year 5: 2011-2012
5.1.1. 5.1.2. 5.1.3.
5.2.1.
5.2.2.
MFC-NL Marketing and Communications Strategy Implementation; On-going LCN facilitation and the creation of an autonomy strategy; Atlantic Master Logger Certification Program (AMLCP) and the creation of an autonomy strategy. Establish a community-based monitoring program within the LCN; Initiate a pilot approach to Community Forest Management (CFM).
Terms of Reference and proposal development as per Business Plan strategic area; Share international water issues with NL public and continue to promote the NL Water Resources Portal.
Monitor and continue progress on international joint projects; Develop an international approach to sharing knowledge and resources on the community-based municipal watershed management planning system; Establish an outreach agreement with the LAC-Model Forest Network on watershed management. BAP provincial implementation; Maintain 3rd party project administration for partners; Support SFM research Labrador FMC projects; SFM Education Strategy; Forest Sector Communications Strategy; Assess the MFC-NL autonomy status and develop a MFC-NL strategy to obtain self-sustaining capacity (MFC-NL Business Plan). MFC-NL Marketing and Communications Strategy Implementation and end-of-phase evaluation; LCN Facilitation and implementation of the autonomy strategy; Atlantic Master Logger Certification Program (AMLCP) autonomy strategy implementation. Monitor and evaluate the progress of the pilot community-based monitoring program within the LCN; Establish agreements on the future management of the forest resource using the Community Forest 15
Documents: o Status Report & Evaluation: Marketing Strategy for MFC-NL & Communications Strategy; o Status & Evaluation Report on AMLCP. Meetings/Gatherings: o Meeting minutes. Documents: o Status Report and evaluation on Community-based monitoring; o CFM Status Report. Formal agreements:
Year
Activities (Numbering: Year.Objective.Project) Management Model adopted. 5.3.1.
5.4.1. 5.5.1. 5.5.2. 5.5.3. 5.5.4. 5.5.5. 5.5.6.
Continue the implementation of the Business Plan and monitor the capacity of the LCNs’ to implement independently. Monitor and evaluate progress on international joint projects. BAP provincial implementation; Maintain 3rd party project administration for partners; Support SFM research Evaluate SFM Education Strategy; Evaluate Forest Sector Communications Strategy; Implement the MFC-NL Business Plan: 2012 - 2017.
16
Outputs o 5 year commitment between a LCN and the province and industry on the adoption of the CFM programs. Documents: o Business Plan implementation Status Report. Documents: o International Project Status and Evaluation Reports. Documents: o Project Status reports; o Forest Sector Communications Strategy Status & Evaluation Report; o Education Strategy Status & Evaluation Report; o MFC-NL Business Plan Status Report. Formal agreements: o 3rd party Contracts; o Special Project Agreements.
Outcomes of the MFC-NL The following are outcomes and indicators organized according to immediate, intermediate and long-term: Table 3: Outcomes and Performance Indicators
Outcomes
Performance Indicator
Immediate: • Accountable performance for all program managers and partners; • Awareness of program objectives, challenges and exchange opportunities and increased participation by natural resource professionals, partners and outside organizations; • An understanding and appreciation of the strategic planning process and the information necessary for the revitalizing rural economies and conserving natural resources; • Awareness of the applicability of SFM products and services and the level of collaboration necessary to sustain their use; • Increased awareness of the natural resource sector and their contribution at the local, provincial and national levels.
• Level of satisfaction by community members and participants in the MFC-NL programs ; • Relevance to local issues; • Signed agreements on the establishment of formal organizations. • Level of promotional material related to professional development programs; • Number of training programs held; • Enrolment numbers; • Program relevance and applicability to operations in the forest sector; • Number of economic initiatives within the LCN; • Successful completion of the KGP and level of commitment to implement; • Level of development and application of tools and systems that support the FCN strategic direction throughout the forest community; • Number of monitoring programs incorporated into communities. • Participation in workshops, committees, and working groups; • Successful completion of the strategic directions document; • Number of Business Plans produce and their quality and usefulness to the LCN participants; • Number of participants in international ventures; • Relevance of international experiences to local issues; • Success of financial leveraging; • Level of public knowledge in the areas of forestry and the identification of MFC-NL with the public; • Number of articles based on MFC-NL activities in local, provincial, national, and international communication materials; • Diversity of financial inputs and the level of independence from CFS and other major funding agencies of the MFC-NL program; • Contributions of forest sector and non-timber forest industries to the GDP.
Intermediate: • Clear and concise working environment that exceeds partner expectations. • Increased capacity and collaboration on community development, knowledge sharing and implementing economic strategies. • An acknowledgement and understanding of the diverse elements and potential conflicts of sustainable community development. • Knowledgeable and well-trained, highly motivated forest professionals, technicians and front-line workers • Enhanced learning opportunities at the local, national and international level and a heightened level of pride in the sector. • An adoption and implementation of Business Plans and SFM systems and tools by LCN/MFC-NL partners and strategic alliances. Long-term: • Independent, financially autonomous LCNs throughout NL contributing to the economic revitalization and transition of their communities and international partners. • Improved forest management that integrates innovative, cost –effective alternatives to economic growth. • A vibrate forest sector with new economic opportunities and growth. • Public acceptance and trust of the forest sector due to better integrated management and decision making.
17
As part of the MFC-NL Results-Based Management process, Outcomes need to have a fundamental relationship between our activities that produce outputs and the results occurring due to their use. It illustrates is a logical succession leading to our final vision for the MFC-NL program. Outcomes from specific activities will begin to amalgamate with other activity results, forming the desired future state for our program.
MFC-NL Partners and Supporters: Nature of Partnerships & Future Impacts Table 4: Partnerships and Future Impacts
MFC-NL Stakeholder/Partner
Nature of Partnership & Program Impacts
Department of Natural Resources: Forestry Services Branch • Representatives: Len Moores, CEO and Ivan Downton, Director
Founding partner on the Board and Management Group. Integrally involved in forest management planning, research and communications. • Delivery on commitments under innovative methods in planning, certification and forest management. The department is leading the way with a sector revitalization strategy. A new division under the DoMA, the section is instrumental in implementing a pilot Land Use Management Strategy for the Humber Valley – and core LCN site; • In-depth and comprehensive approach to Land-use Planning for the Humber Valley over the next four years. The MFC-NL will assist, if invited, in that process. MFC-NL partner on the Management Group and interested in land use management issues involving traditional forest management and nontimber values. • Integration of cabin and non-timber development into strategic plans.
Department of Municipal Affairs: Engineering and Land Use Planning Division, Land Use Planning Section • Representative: Elaine Mitchell, Director Department of Environment and Conservation: Land Management Division • Darren Moores, Land Management Specialist Department of Environment and Conservation: Water Resources Management Division • Representative: Dr. Haseen Khan, Manager Department of Environment and Conservation: Parks and Natural Areas Division • Representative: Calvin Yates, Acting Director, and Sian French, Natural Areas Manager Department of Environment and Conservation: Wildlife Division • Representatives: Jim Hancock, Director, and Christine Doucet, Senior Biologist Department of Innovation, Trade and Rural Development • Representative: Keith Payne, Economic Development Office Department of Innovation, Trade and Rural Development, Rural Secretariat • Representative: Doris Hancock, Regional Partnership Planner Abitibi Consolidated Company of Canada Incorporated
Project partner. Several cooperative programs are being brought forth for collaboration including projects in watershed management, water quality data acquisition and decision support, and development and use of the online data mapping services by communities. • Delivery of a water resources DSS portal. Management Group Partner. The MFC-NL will maintain its continued support of a coalition to assist with the NASP and will assist in the public outreach effort within rural communities. • Acceptance and better understanding of the Natural Areas System Plan (NASP) and Main River Waterway Park in the LCNs. Board of Director’s and Management Group Partner. • Further knowledge and technical resources in wildlife research, decision support system HSM development, and community-based monitoring. A strategic partner working in cooperation with the MFC-NL specifically on resource mobilization. • Knowledge of innovative mechanism for diversification of rural economies. Strategic partner that will assist MFC-Nl with linking economic, social, cultural and environmental issues to advance the sustainable development. • Enhanced collaboration among government departments and with community partners with the LCN areas. Board of Directors and Management Group Partner. • Delivered innovative systems and tools to its tenure and exploration of 18
MFC-NL Stakeholder/Partner •
Representatives: Bill Furey, Woodlands Manager, and Jim Evans, Divisional Forester Corner Brook Pulp and Paper Limited • Pat Tompkins, Woodlands Manager, and Matt Churchill, Superintendent
Hospitality Newfoundland and Labrador • Representative: Nancy Healey, Executive Director Great Humber Joint Council (GHJC) • Representative: Malcolm Turner, Pasadena Councilor and member of the GHJC City of Corner Brook • Representatives: Paul Barnable, Director of Community Services, and Colleen Humphries, City Planner Town of Pasadena • Representative: Robert Mercer, Mayor White Bay South Communities • Representative: Gary Gale, Chair Humber Economic Development Board Inc., Representative White Bay South Canadian Institute of Forestry, Newfoundland and Labrador Section • Representative: Dr. Muhammad Nazir, CIF President, and Wayne Kelly, Past President Humber Natural History Society • Representative: Lois Bateman, President
Humber Arm Environmental Association (ACAP) • Representative: Sheldon Peddle, Executive Director Humber Economic Development Board Inc. • Representative: Perry Bingle, Executive Director RED Ochre Board Inc. • Representative Sean St. George, Executive Director Newfoundland and Labrador Forestry Training Association • Representative: Bill Alexander, Executive Director
Nature of Partnership & Program Impacts models to encourage communities to take an active role in forest management planning. Board of Directors and Management Group Partner. • Employed alternative solutions to including rural communities in forest management activities. The idea of community cooperatives is something CBPPL would like to explore in regions that are no longer affordable to harvest. • A strategic partner in the area of tourism related planning and DSS development. • Produced DSS tools for addressing land-use challenges. • A strategic Partner and potential member of the Management Group. • An association of 16 communities in the greater Corner Brook to White Bay region, the GHJC will have experience with communitybased model for sustainable communities. Viewshed and watershed issues will be their primary focus in the MFC-NL program. Founding member of the Board of Directors and Management Group • Community accepted watershed management planning process and an urban forest strategy. A strategic partner in balancing community values and land-use planning. • A process to balance community values and land-use planning around the community. LCN strategic partners in White Bay South. • Sustainable economic opportunities within its own land base. Hampden, Jackson’s Arm, Pollard’s Point and Sop’s Arm are four rural communities in the White Bay South region. Previously dependent on the forest sector for seasonal employment, this region no longer sees strong economic benefit from forest industries. Management Group Partner. • Strategies to enhance the forest sector’s ability to maintain a skilled workforce and raise awareness about SFM, professional education and communications. Management Group Partner. • This local ENGO has been a driving force behind western Newfoundland’s community-based monitoring activities for birds and mushrooms. The MFC-NL is interested in maintaining its relationship and enhancing this organization’s ability to gain a strong footing with other species monitoring initiatives. Management Group Partner. • ACAP Humber Arm is interested in areas such as watershed management, socio-economic assessment, community capacity building, and stewardship building approaches. Management Group Partner. • Implementation of aspects of their strategy plan that sets out a progressive framework for rural development. The HEDB is important alliance in the MFC-NL approach to rural development. A LCN strategic partner on the Northern Peninsula. • Economic opportunities for their rural communities. This organization has recently begun to negotiate with the WNMF for future partnership opportunities in the Great Northern Peninsula area. A strategic alliance and future partner. • Delivery non-timber development strategies in key areas of NL. The leading provincial agency for the development and promotion of the non-timber forest product sector, the NLFTA will be vital in assisting 19
MFC-NL Stakeholder/Partner Protected Areas Association of Newfoundland and Labrador • Representative: Laura Jackson, Executive Director White Bay South Development Association • Representative: Eli Bishop, Chairman
College of the North Atlantic • Representative: Brent Howell, CoAdministrator and Glenn Payne, GRF Executive Director
Sir Wilfred Grenfell College • Representative: Dr. John Ashton, Principal and Dr. Wade Bowers, Vice-Principal of Research
Western School District • Representative: Dan Murphy, Outdoor Education Coordinator
Nature of Partnership & Program Impacts with initiatives to diversify community based forest opportunities. Management Group Partner. • Implemented NASP communication strategies in rural communities. The PAA contributes to provincial efforts that support protected areas and their promotion. A partner with the White Bay South LCN initiative. • Implemented economic opportunities for their rural communities. WBSDA produced a report on the development opportunities for the White Bay South area. They were particularly interested in forestry, tourism, craft development, and Agrifoods. MFC-NL is interested in collaborating on several initiatives as part of our forest network approach. Board of Directors and Management Group Partner. • Delivery of a multitude of diverse and innovative DSS approaches to rural issues and possible international liaisons. The MFC-NL will maintain a strong working relationship with the Geospatial Research Facility (GRF) and also looks forward to designing internship agreements for students working with communities. Board of Directors and Management Group Partner. • Socio-economic research delivered with post graduate and graduate level students. SWGC is a facility partner and a future research partner in collaboration with the Centre of Environmental Excellence. There is great potential in this region for various collaborative approaches to ecological economics and forest-based indicator research. Management Group Partner. • Programs delivered in Outdoor Education. The MFC-NL will maintain a close working relationship on issues affecting the awareness of forest values for both educators and student.
MFC-NL Supporter (Federal)
Nature of Support & Program Impacts
Natural Resources Canada: Canadian Forest Service (NRCan-CFS) • Representatives: Dr. John Richards, Director General Atlantic Region and Dr. Michael van Zyll de Jong, Science Director, Corner Brook Department of Fisheries and Oceans Canada • Representative: Darrin Sooley, Area Habitat Coordinator Parks Canada: Gros Morne and Terra Nova National Parks • Representatives: Jeff Anderson, Superintendent, and Peter Deering, Chief Warden; TNNP representative pending Atlantic Canada Opportunities Agency (ACOA) • Representative: Mark Tierney, Western Coast Officer
Federal funding provider in the FCP program implementation. • Deliver on Objective 2 of the National Forest Strategy: Sustainable Forest Communities.
MFC-NL supporter within the Management Group and on projects related to aquatic research and education. • Enhance approaches to watershed management, community-based monitoring and aquatic research. MFC-NL supporter on the Board of Directors and contributor to initiatives on connectivity, DSS-wildlife modeling, and community sustainability. • Community and enclave confidence and enhanced partnerships with tourism development activities, ecological integrity research, environmental education initiatives and species demographics and modeling. A strategic supporter working in cooperation with the MFC-NL specifically on resource mobilization. Key areas of interest relate to community sustainability in rural Newfoundland and Labrador. • Delivery of successful approaches to rural economic revitalization.
20
Process to Engage Partnerships and Retain Working Relationships Partnerships are forged by respecting one another’s mandates and delineating where opportunities for strategic alliance exist. Participation must be reciprocated and encouraged among partners. The MFC-NL seeks partners, funding providers, and supporters with knowledge, skill sets, and experience necessary to delivery its program objectives but also wishes to establish relationships with organizations in need of support. Some guiding principles for attracting and retaining partners are: • MFC-NL will provide a structure for participation with flexibility when required; • Project management depends on the partners’ ability to self-manage their contributions to initiatives – partners are given a responsibility; • Through it’s communications initiatives, MFC-NL will reward partner achievements; • MFC-NL will remain innovative and challenging; • Meetings and events will be kept organized but informal and friendly. Fellowship amongst MFC-NL will be encouraged; • Our program will foster a support network on the part of our staff. Being helpful in addressing the concerns of our partners is paramount; • Accountability and maintaining a standard of performance will be part of every activity; • Conflict resolution processes will be engaged and issues resolved. Avoiding confrontation will be discouraged if challenges arise; • MFC-NL will encourage a philosophy where partners feel apart of a team and are valued for their contributions; • Evaluation processes will be integrated into our annual reviews to let partners know where we need to grow as a organization. Measuring Performance and Achievement The MFC-NL will commit to ongoing performance measurement through a Results-Based Management Framework. Appendix D details the two forms of tracking success and failures in the MFC-NL. The first is a broad overview of the Logic Model (sequenced causal relationships between program elements) and the second is the Performance Measurement Strategy (PMS). The PMS will rely on the following series of systematic reports. In compliance with the federal government’s FCP guidelines, the MFC-NL has several mechanisms by which to report on performance indicators. Phase level, annual and periodic reviews may change in methodology as new ways to measure success or failure become apparent. Reporting Requirements
All of the data requirements for the evaluation strategy will be available through the following outputs: • Evaluation and Performance Management Framework (EPMF): Produced as Appendix in the Contribution Agreement, the EPMF will guide the MFC-NL accountability structure through the duration of the program. • Interim Progress Reports: IPR is a mid-term report on the progress of projects. Objectives are listed and a report on the present status of that objective; where projects deviate from their original objectives, full explanations are provided. A summary of the financial position of the MFC-NL will be included in this report. • Annual Reports: Annual reports include a financial audited summary of the fiscal year’s program expenditures; a description of the results or immediate outcomes achieved; a 21
•
•
• •
description of in-kind contributions of partners, staff and affiliates to MFC-NL projects and external programs/initiatives; and a summary of the managing partners’ annual evaluation meeting. Partnership and Target Audience survey 2008 and 2012: At two intervals during the FCP, the MFC-NL will embark on performing an attitudinal survey similar to historic surveys conducted by Dr. Alistair Bath, Memorial University and Brian Bonnell, WNMF 1999. Mid-term and Final program-level evaluation: Data compilation will commence to meet the requirements of the overall program evaluation schedule. The focus will be on the improvement of the Program in order to enhance the probability that outcomes will be achieved. Management Group annual evaluation meeting: The Management Group will schedule one full day per year to review progress and critique the function of the partnership. Annual tracking of project legacies by the Project Manager: As a requirement of the Project Manager position, a year-end analysis will be conducted on FCN/SFM tools and systems being utilized within and outside the boundary of the MFC-NL region. Statistics on other initiatives in place that are led by partners but were influenced either directly or indirectly by the MFC-NL partnership will be gathered. This will be considered an update on project outcomes both intermediate and final.
Governance Role and Responsibility MFC-NL Partners The partners have an opportunity to participate in the MFC-NL at three levels: 1. Senior Management a. Board of Directors, i. Policy setting ii. Major Agreement/workplan ratification; iii. Accountability oriented. b. Executive Committee (Administrative working group) i. Daily operational management; ii. Contractual and legal authority. 2. Strategic Management Level – Management Group, LCN. 3. Operational Level – Operational Committees, Working Groups and the LCN. Senior Management
The Board of Directors includes senior managers from within government (federal, provincial and municipal), industry (both pulp and paper companies), and academia. Its primary roles are to provide a legal basis for the organization, carry out an annual audit, approve annual work plans and annual reports, and solicit, when required, advice from external scientific authorities. The MFC-NL Board President sits on the CMFN Inc. Board. The MFC-NL Board provides recommendations and direction to the Management Group through the General Manager. The Executive Committee is made up of representatives from the Management Group and Board, the General Manager and Office Manager. Its responsibility is to oversee administrative issues, review cash flow, provide legal authority for spending, and provide general administrative advice. The committee will make representation to the Board and Management Group on a regular basis. It can be considered an administrative working group of both the Board and the Management Group. 22
Strategic Management
The Management Group and the Local Community Networks (LCN) make up a parallel and complimentary process and are the strategic management component of the MFC-NL. Drawing from national, provincial and community SFM and economic development priorities, the Management Group and LCNs adopt this Strategic Plan for the entire MFC-NL program. The LCNs will input specific community development needs and be seamlessly integrated with the Management Group’s overall program delivery. The Management Group will include the general membership of the MFC-NL organization. Each Board member will have an alternate representative at the Management Group level. As a parallel process, individual LCNs will be encouraged to have their own LCN Management Group consisting of community members from specific community networks. The role of the MFC-NL Management Group and the LCNs will focus more on SFM and economic development strategic issues, and will provide guidance to both the General Manager and supporting staff. The Management Group will be requested to review, develop and recommend to the Board protocols for the MFC-NL, including guidelines for proactive communication with the public and the conflict resolution framework. The Management Group may establish working groups and/or conflict resolution groups. No less than three Local Community Networks will be incorporated as autonomous organizations. Each organization’s key goal will be to provide long-term stable benefits for its members and the community. They will also provide an equitable decision-making process and generate community driven initiatives. Operations
The operations component includes the four (4) Operational Committees on: • Capacity Building Extension • Forest-Based Economic Development • Education and Communications • National and International Ventures Operational committees are made up of local managers, field supervisors, development officers, communication specialists, academic and NGO representatives. They will be responsible for developing projects under the Strategic Plan and will work directly with the Projects and Communications Manager. These committees are expected to apply their practical, on-the-ground knowledge to MFC-NL activities. The committees will prepare a Terms of Reference for the individual themes of the Strategic Plan. The Terms of Reference will detail tactical approaches to fulfilling the strategic direction provided by the Management Group and LCN sites. The LCNs will provide specific guidance through the LCN Coordinator on activities it would deem appropriate for implementation in their areas. Once the proposed workplan has been prepared, the General Manager will call a joint meeting of the committees and LCNs to review the package being presented to the Management Group. The objective of this joint meeting is to adjust financial projections before seeking approval. Once the 23
Management Group reviews the proposed workplan, the operational committees will follow up with proposal modifications, in consultation with the LCNs, to meet the concerns of the Management Group. The workplan gains final ratification from the Board of Directors. A fully accepted workplan will be returned to the operational committees, where the process of project administration begins. The Project Manager will be responsible for monitoring the progress of each project under his/her authority. The Project Manager will be responsible for ensuring that the proponent is submitting regular project reports; members of the operations committee will review reports and make their recommendations known to the Management Group and General Manager. Working Groups will continue to function on specific activities as identified by the Committees and Management Group. It is important to note that, in the past, many stakeholders worked only at the working group level and their contributions were considerable and effective. Model for Governance and Participation MFC-NL Board of Directors General Manager
Senior
Operation
Office Manager
Support Staff
White Bay South and Northern Peninsula Network
FCN Coordinator Function
Humber Valley -Gros Morne Network
Projects Manager
Charitable/ Foundation Working Group
Management Group MFC-NL Members
Local Community Network (LCN) (Representative Body)
Resource Mobilization RM
Strategic
Executive Committee
Capacity Building Extension (Facilitating, Conflict Resolution, Training) Forest-Based Economic Development (Opportunity Think-tank, Pilot Development)
Labrador: FMD 19A
Eastport/South Bonavista Peninsula Network
Communications Function
Education and Communications (Youth Outreach, Technology Transfer, Networking, Marketing)
National and International Ventures (Joint Projects, Training and Mentoring, Networking, Technology Transfer)
Figure 2: Model for Governance and Participation
Principles of decision making, conflict resolution, conflict of interest policy and the gradients of consensus are discussed in Appendix A. 24
Communications and Marketing Strategy Building on a successful 15-year track record of creating and delivering Communications and Outreach activities for the Western Newfoundland Model Forest Partnership and the Canadian Model Forest Network, the following Communications, Outreach and Extension Strategy, combined with our Marketing/Networking Strategy, outlines the communications and marketing efforts that will support the work and vision of MFC-NL. Communication Objectives - Develop communications/outreach strategies, products and tools to collect, share and disseminate relevant knowledge and information to forest-based communities, MFCNL partners, supporters, and key audiences to help build community accountability and ownership in the forest sector. - Support the work and goals of the Canadian and International Model Forest Networks and the Canadian Forest Service as effective, innovative programs for SFM and community capacity building in the forest and natural resource sectors. - Increase the visibility of MFC-NL projects, activities and ideas provincially, nationally and internationally as effective tools for SFM, technology transfer, knowledge sharing, community development, facilitation, conflict resolution, education, and promotion of good governance and best forest management practices. - Support efforts to influence decision-makers in relation to both project development and delivery, and corporate/government fund-raising efforts, and support the MFC-NL marketing/networking strategy. - Demonstrate achievements of the former Western Newfoundland Model Forest Partnership through legacy projects, and by building on existing programs under the new MFC-NL framework. - Deliver and/or support proven outreach programs such as Newfoundland and Labrador Envirothon, Forest Ecology Walking Tour and Forest Education Toolbox, Environmental Values and Interpretation course, presentations to community groups/schools on request, National Forest Week activities. Marketing Objectives - Develop and market logo, image and brand depicting strong ties between the use of forest products, communities and financial sustainability and develop static display depicting all aspects of MFC-NL. - Set and monitor realistic annual fund raising goals. - Reach optimum numbers of provincial, national and international businesses, foundations and all levels of government with new marketing materials. - Contact corporations, individuals, municipalities, foundations, government departments that supply, work in or are interested in all resource-based industries. - Develop a comprehensive list of potential business leads and set a weekly goal for contacts. - Develop working relationships with committees and boards.
-
Target Audiences MFC-NL partners, Canadian Model Forest Network and the Canadian Forest Service Municipal, provincial, federal governments and agencies 25
-
Community leaders and citizens of partner and surrounding communities Forest and resource sector managers/professionals, practitioners, contractors, and business operators Funding agencies and Corporations Provincial and national and international associations Primary, secondary, and post-secondary students and educators Public service organizations Interested parties, general public Local, provincial, national and international media
Internal and External Communications MFC-NL will develop and deliver communications material and activities aimed at internal partnerships and external audiences through electronic and printed newsletters, general and projectspecific web sites, mailing lists, news releases via the media, and events such as workshops, meetings, trade show displays, partner events, and public activities. MFC-NL will work closely with a provincial communications advisory working group led by the NL Forestry Services Branch that will focus on delivering positive messages to and about the forest sector and community.
-
-
-
Key Messages MFC-NL is a consensus-building organization with a mandate to assist its partners and forest-based communities in improving the practice of Sustainable Forest Management (SFM) and economic development and diversity in Newfoundland and Labrador, nationally, and internationally. MFC-NL builds strong forest-based communities, and builds capacity for community ownership and accountabilities to exist in Newfoundland and Labrador’s forest sector. MFC-NL helps develop and deliver science-based solutions to forest resource management challenges so that decisions are factual, accountable and realistic, and then shares these solutions with partners and key audiences. MFC-NL establishes the capacity to explore new opportunities in the forest sector that directly benefit the communities targeted, and actively engages partnerships that support and enhance the national and international forest sector. MFC-NL shares its knowledge with partners both at home and globally through provincial, national and international partnerships, and delivers internationally significant success stories and experiences to benefit its partners and selected international model forest sites. MFC-NL is implementing and refining the legacy of three phases of the Canadian Model Forest Program in Newfoundland and Labrador, and is sharing the knowledge and information gained from our partners with meaningful extension activities. MFC-NL has valuable scientific and educational material available for public, academic and industry use, and supports the concept of addressing the challenges facing forestry education and careers in Newfoundland and Labrador and nationally.
Staff and Partner Capacity In order to deliver the communications, extension and marketing initiatives outlined above, the MFC-NL program will engage the services of a communications specialist and a marketing specialist as required. We will facilitate and participate in a provincial communications 26
advisory working group with other representatives from the forest community, led by the Forestry Services Branch of the Department of Natural Resources. Canadian Model Forest Network Liaison MFC-NL products will be shared with and delivered to the Canadian Model Forest Network in all aspects of communications/outreach, extension, and marketing. Regular contributions will be made to CMFN communications/project activities. Language Capacity MFC-NL is an English-based program; we will endeavor to share our program with a national audience by including the cost of French translation in budget projections relevant to CMFN. The cost of translation to Innu-aimun will also be incorporated into budget projections in relation to projects dealing with Labrador as a matter of proper protocol with our Innu partners.
Administration Organizational Capacity As demonstrated through 15 years of leveraging from a wide-range of funding sources and partnerships, the MFC-NL (formally the WNMF) has the organizational capacity to provide services and programs in the five objective areas of capacity building, knowledge generation, opportunity assessment and exploration, international networking, and continued improvement to the Model Forest legacy. MFC-NL utilize a small staff that provide a multitude of contracted services for our partnership in program areas such as social sciences, natural resource management and decision support, research, and general labour. The MFC-NL has experience in proposal generation, planning, implementing projects, resource mobilization and consultation, conflict resolution and facilitation. We have also developed performance indicators on numerous sector and urban and rural initiatives, including the Biodiversity Assessment Project, Little Grand Lake Reserve process, Steady Brook Watershed, Corner Brook Watershed, Natural Areas System Plan, Labrador’s FMC 19A process, FMD 15 and 16 planning processes and Geo-referencing Tourism Values. Our educational and communication activities have given WNMF a strong leadership capacity in Newfoundland and Labrador. Staff The WNMF’s full-time staff compliment consists of four positions: General Manager, Projects Manager/Senior Planner, Communication Specialist and Office Manager/Administrator. The communications position will be vacated at the end of September. In cooperation with Atlantic Canada Opportunities Agency (ACOA) and Innovation Trade and Rural Development (ITRD) a market strategy expert will be hired for a period of one year. The communications strategy and communication job description will be revised in accordance with the market strategy which will be submitted early in 2008. In the interim, communication activities will be handled contractually. During the project season, it is anticipated that the MFC-NL will have a temporary staff level of 20 who will largely be supervised by various partners.
27
MCF-NL staff currently consists of; James Taylor, General Manager Sean Dolter, Projects Manager
Linda Skinner, Communications Specialist Glenda Garnier, Office Manager and Administrator
The MFC-NL will be relocating in Corner Brook to take advantage of accommodations that match our resources and programs. The central location is ideal for our partners and the MFCNL can continue to take advantage of synergy associated with having a number of our partners located in Corner Brook. Office Facilities The MFC-NL seeks office space of approximately 1300 square feet to accommodate full and part-time staff. MFC-NL maintains a dual independent server system with nine workstations equipped with the latest in computer software. Our partnership networks are set up digitally and are maintained through Internet communication. As well, we have a digital Xerox M24 WorkCentre; a multifunctional printer, copier, scanner and fax, which allow us to maintain a completely digital library. Staff Reporting Structure and Accountabilities All permanent staff report to the General Manager who in turn reports to the Board of Directors who is the legal entity. The General Manager reports to the Management Group for the purposes of clarity and to assist in transparent decision-making. The General Manager is a non-consensus Management Group member. The various roles of the General Manager, Management Group etc are further amplified in our ground rules found in Appendix A. An Executive Committee has been approved by the Board to advise and support the General Manager and Office Manager on issues related to contract language, staff protocol and establishing a new office. The MFC-NL is committed to reviewing our current by-laws; a copy of our by laws and a copy of our revised by-laws can be found in Appendix B.
Finance Financial Plan For the MFC-NL to implement an ambitious plan for the period 2007-2012, significant resources are necessary. The scenarios outlined below shows where our resources will come from and generally how we intend to allocate these resources. The information is based on our FCP proposal submitted in October 2006 and adjusted to reflect changes that have occurred since last year. Please note that contributions to administration will be made from a variety of sources and are calculated according to the services provided to the supporter or partner by our program. Table 5 illustrates only one core source of funding, NRCan-CFS. Table 5: 5 Year Financial Scenario for Using NRCan-CFS Funds
Inputs Total NRCan CFS Funding Funds for Administration
2007-08 $175K $110K
2008-09 $325 $200K 28
2009-10 $325 $190K
2010-11 $325 $185K
2011-12 $325 $180K
63% $65K 37%
Funds for Program
61% $125K 39
58% $135K 42%
57% $140K 43%
55% $145K 45%
Support from Partners Table 6, Planned Revenue for 2007-2012 and Table 7 Planned Expenditures for 2007-2012 represent a conservative estimate of our program and partner resources. These tables do not reflect the complete potential related to; • a fully implemented market strategy and supporting communication program, • benefits from developing a charitable ‘sister’ organization focusing on education and communication, • facilitation of a provincial communication strategy, • potential synergy with an educational alliance in the Corner Brook region, • potential within several of the six LCN’s who will be able to create their own sustainable business plans, • continued strong support by the Forest Services Branch who have agreed to fully fund the general managers position for one year and support an allied provincial FCP, and • Corner Brook Pulp and Papers strong in kind support and willingness to work with the MFCNL program particularly the White Bay South LCN and Corner Brook to Gros Morne National Park corridor. Table 6: Planned Revenue for 2007-2012
Sources of Funds 2007-08 NRCan Canadian Forest Service – FCP Provincial Forest Services Branch Provincial Innovation Trade & Rural Development Provincial Wildlife Division Water Resources Management Division Corner Brook Pulp and Paper Ltd City of Corner Brook Other Model Forest Community Partners ** Labrador LCN Northern Peninsula LCN CB-Humber Valley- Gros Morne NP LCN White Bay South LCN Eastport-Bonavista South LCN Foundations/Other Income Other Federal Sources Total Revenue
2008-09
Planned Revenues (In-kind Contributions) 2009-10 2010-11
2011-12
Total
$175, 000* -
$325,000 -
$325,000 -
$325,000 -
$325,000 -
$1,475,000
$170,000 ($25,000)
$170,000 ($35,000)
$170,000 ($35,000)
$170,000 ($35,000)
$170,000 ($35,000)
$850,000 ($165,000)
$30,000 ($5,000)
$50,000 ($5,000)
$50,000 ($5,000)
$50,000 ($5,000)
$50,000 ($5,000)
$230,000 ($25,000)
$45,000 ($8,000) ($10,000)
$45,000 ($8,000) ($40,000)
$45,000 ($8,000) ($10,000)
$45,000 ($8,000) ($10,000)
$45,000 ($8,000) ($10,000)
$225,000 ($40,000) ($80,000)
($5,000)
($5,000)
($5,000)
($1,000,000)
($1,000,000)
($2,015,000)
$45,000 ($5,000)
$45,000 ($10,000)
($2,000)
($2,000)
($2,000)
$90,000 ($21,000)
$10,000 ($25,000)
$20,000 ($35,000)
$25,000 ($40,000)
$25,000 ($45,000)
$25,000 ($45,000)
$105,000 ($190,000)
($35,000) ($10,000) -
($35,000) ($25,000) ($5,000)
($55,000) ($35,000) ($25,000)
($35,000) ($40,000) ($35,000)
($35,000) ($40,000) ($45,000)
($195,000) ($150,000) ($110,000)
-
($5,000)
($15,000)
($35,000)
($40,000)
($95,000)
($10,000)
($15,000)
($25,000)
($35,000)
($45,000)
($130,000)
$5,000 $80,000 ($10,000)
$10,000 $100,000 ($15,000)
$15,000 $100,000 ($15,000)
$20,000 $100,000 ($20,000)
$25,000 $100,000 ($20,000)
$75,000 $480,000 ($80,000)
$560.000 ($148,000)
$765,000 ($238,000)
$730,000 ($275,000)
$735,000 ($1,305,000)
$740,000 ($1,330,000)
$3,530,000 ($3,296,000)
29
*NRCan CFS funds identified for a 6 month period. **Includes the following partners; Abitibi Consolidated, Canadian Institute of Forestry, College of the North Atlantic, Dept of Fisheries and Oceans, Provincial Lands Division, Parks and Natural Areas Division, Atlantic Coastal Action Plan, Humber Natural History Society, Humber Economic Development Board, Sir Wilfred Grenfell College, Western School District, Great Humber Joint Council, Hospitality Newfoundland and Labrador, Newfoundland and Labrador Training Association, White Bay South Development Association. Table 7: Planned Expenditures for 2007-2012
Planned Expenditures (In-kind Contributions) 2009-10 2010-11
Program Area 2007-08
2008-09
2011-12
Total
Administration
$120,000 ($4,000)
$210,000 ($10,000)
$200,000 ($10,000)
$195,000 ($15,000)
$190,000 ($15,000)
$915,000 ($54,000)
Objective 1: Capacity Building Objective 2: Knowledge Generation Objective 3: Opportunity Assess. & Exploration Objective 4: International Networking Objective 5: Model Forest Legacy and
$170,000 ($60,000)
$170,000 ($70,000)
$200,000 ($40,000)
$175,000 ($45,000)
$175,000 ($45,000)
$890,000 ($260,000)
$80,000 ($15,000)
$95,000 ($50,000)
$90,000 ($45,000)
$90,000 ($45,000)
$100,000 ($40,000)
$455,000 $195,000)
$15,000 ($9,000)
$25,000 ($75,000)
$50,000 ($70,000)
$65,000 ($1,070,000)
$100,000 ($1,070,000)
$255,000 ($2,294,000)
$5,000 ($10,000)
$25,000 ($28,000)
$25,000 ($30,000)
$50,000 ($35,000)
$60,000 ($35,000)
$165,000 ($138,000)
$170,000 ($50,000)
$170,000 ($75,000)
$200,000 ($45,000)
$195,000 ($60,000)
$180,000 ($60,000)
$915,000 ($290,000)
Total Expenditure
$560,000 ($148,000)
$765,000 ($238,000)
$730,000 ($275,000)
$735,000 ($1,305,000)
$740,000 ($1,330,000)
$3,530,000 ($3,296,000)
$708,000
$1,003,000
$1,005,000
$2,040,000
$2,070,000
$6,826,000
Grand Total
30
Appendix A: Decision Making and Resolving Conflicts Consensus Principles The following consensus principles will guide each committee: • The purpose of consensus building is to reach agreement. • The Members agree to act in “good faith” in all aspects of the process. • The Members accept the concerns and goals of others as legitimate. • It is important that a Member raises with the Committee any matter they perceive to be in violation of “good faith” consensus building or ground rules agreed upon by the MFC-NL. • The focus will be on exploring and addressing underlying interests and concerns for the benefit of rural communities and SFM rather than on meeting specific demands. • The Members commit to fully explore issues, searching for solutions in a problem-solving and consensus-building atmosphere. • The practical implementation of decision support tools generated by the MFC-NL partners will take place once full agreement is reached on its validity and applicability to the issues. • The Members will refrain from personal attacks and characterisations. • In order to facilitate the broadest possible consideration of options and solutions, all suggestions and offers will be regarded as tentative until full agreement is reached. • The Members will not agree to any provision or action for which they are unwilling to seek the concurrence of those they represent. • The interests of all organizations represented by a Member will be identified. • Consensus building will support the achievement of all identified interests. Conflict Resolution • If one or a few Members disagree with a proposed decision, then that Member is responsible for demonstrating clearly that the issue is a matter of such principle that he or she cannot accept the decision. Or, the Member must clearly show why and how he or she would be specifically and differentially impacted by the proposed decision. • If the dissenting Member(s) can demonstrate either condition, then it becomes incumbent upon the rest of the Members to make an explicit effort to address those concerns. However, if the dissenting Member(s) cannot demonstrate either of those conditions, then that Member would be expected to “live with” the proposed decision. There are gradients of consensus that may be used to resolve conflicts. Such degrees or gradients may be used to poll the Management Group or Board of Directors and responses may be entered as an indication of the Member’s level of agreement.
31
Gradients of Consensus Table 8: Gradients of Consensus
LEVEL OF AGREEMENT
Layman Terminology
ENDORSEMENT
“I like it”
ENDORSEMENT WITH MINOR POINT OF CONTENTION
“Basically, I like it”
AGREEMENT WITH RESERVATION
“I can live with it”
ABSTAIN
“I have no opinion” “I don’t like this but I don’t want to hold up the group”
STAND ASIDE FORMAL DISAGREEMENT: MAJORITY
“I disagree with it but I will go with the majority”
FORMAL DISAGREEMENT: ABSOLUTION
“I disagree strongly and want to be absolved of responsibility for implementation”
OPPOSE
“I would veto this plan if I could”
Conflict of Interest A conflict of interest arises when the following two conditions are met: • An individual, or an organization represented by the individual, or a spouse or dependent of the individual, has a material interest in a project or contract being discussed by a committee of the Model Forest Communities of Newfoundland and Labrador (MFC-NL) and, that same individual participates in a decision or recommendation made by the committee pertaining to that contract. Committee refers to any duly recognized committee, subcommittee or working group of the MFCNL, including, but not necessarily limited to, the Board of Directors, the Management Group, the Forest Community Network, Executive Committees, Operational Committees or Working Groups. There are certain distinctive characteristics of the proposed MFC-NL that pose particular challenges when dealing with conflicts of interest: • The MFC-NL is a multi-stakeholder organization, a partnership of people and agencies working together because of shared interest in implementing sustainable forest management and economic development activities for rural communities, but whom, at the same time, are expected to bring the interests of their organizations to the table. • The MFC-NL will operate according to principles of consensus decision-making; therefore vote-taking is not normally done unless fully agreed to by the Members as a method for resolving a specific conflict. It is important that the MFC-NL be credible, fair and even-handed in the development, approval and review of its activities. The following policies are designed to ensure that a conflict of interest does 32
not undermine the credibility and fairness - either actual or perceived - of the decisions taken by the MFC-NL: • No individual shall participate in the evaluation for the MFC-NL of a project proposal in which they have a conflict of interest. • No individual - or agency represented by that individual, or spouse or dependent of that individual - may bid on a public Request for Proposals for a specific project if they participated in drafting the terms of reference for the Request for Proposals. • It is considered self-evident that a committee member is in a potential conflict of interest if he/she represents an organization that is a lead proponent of a project under discussion. In all other cases, it is the responsibility of committee members to explicitly identify any conflicts of interest that they are aware of before continuing to participate in that discussion. • In any decision or recommendation related to a specific project, the decision need not necessarily reflect the views of any committee member in a conflict of interest for it to be considered a consensus decision or recommendation of the committee. • The formal record of any decision or recommendation made by a MFC-NL committee must clearly state where any members withdrew from that decision or recommendation due to a conflict of interest. • Any committee member, or the General Manager, may request that a particular issue be discussed and decided upon without individuals who are in a conflict of interest being present.
33
Appendix B: Articles of Incorporation and Groundrules
Western Newfoundland Model Forest Inc. Original Incorporation Agreement Western Newfoundland Model Forest Inc. MFP Ground Rules Model Forest Communities of Newfoundland and Labrador draft Incorporation Agreement
34
35
36
37
38
39
40
41
42
43
44
45
MFP Ground Rules These ground rules have been adopted for the purpose of clarifying and expanding the expectations and relationships, roles and responsibilities, policies and processes and assisting in guiding the interaction among the participants in the Western Newfoundland Model Forest Inc. (WNMF) Process (“MFP” or process). The WNMF is incorporated under the direction of a Board of Directors (Board) which is responsible for the management and financial administration of the Phase III proposal and Annual Work Plan. The Management Group is responsible for providing guidance to staff, recommending the Phase III Proposal and Annual Work Plan. The Management Group consists of representatives of the Board, and other organizations that are prepared to regularly meet and accept the MFP. Participation in the MFP signals an understanding and acceptance of the ground rules. These ground rules are intended to make explicit the common expectations with which the participants enter the MFP. They describe the purpose of the process, the basis of participation in it, the responsibilities of the participants to one another and to those they represent, and the spirit in which they will seek consensus.
o o
o
o o o
o
o o
o
o
o
Definitions and Terminology: “Activities" means a specific program, activity, task, project or work, or a set of related programs, activities, tasks or projects as described in the Annual Work Plan; "Agreement" means this Model Forest Phase III Contribution Agreement and Schedules; A WNMF Geographic Description, B - WNMF Phase III Proposal, C - WNMF Incorporated Model Forest (Phase III) Contribution Agreement and D - Outstanding Issues; “Annual Report" means the report of the Model Forest prepared by June 30 of each Fiscal Year, detailing objectives, performance against these objectives, previous year’s Activities undertaken, and use of funds for the previous Fiscal Year; "Annual Work Plan" means the plan of Activities of the WNMF to be undertaken and resources to be committed, including both Canada's and the WNMF contributions in any particular Fiscal Year; “Board of Directors” means the WNMF Board of Directors, which is responsible for the management and financial administration of the Phase III Proposal and the Annual Work Plan; “Committee”refers to any duly recognized committee, subcommittee or working group of the WNMF, including, but not necessarily limited to, the Board of Directors, the Management Group, Operational Committees, Scientific Advisory Committee, Executive Committee and Working Groups; “Consensus” means the explicit concurrence of all members as represented by the “consensus members”. Any reference to the “consensus member” shall always be taken as a reference to the alternative consensus member if the consensus member is absent. Explicit concurrence requires that all members are represented in arriving at the consensus decision; “Contribution Agreement” means the legal agreement between the Canadian Forest Service and the Western Newfoundland Model Forest Incorporated; “Management Group” means any member of the public, including individuals, corporations, governments, agencies, and associations which has or may hereafter have an interest in and is prepared to support the objectives and ground rules of the WNMF. Management Group members (or their alternates) must be prepared to meet regularly, help develop an Annual Work Plan, and make recommendations to the Board of Directors and General Manager; “Member” refers to individuals of the Management Group and includes representatives of the Partners and any other interests groups that the Management Group determine can best represent a particular interest or value; “Model Forest Partner" means any member of the public, including individuals, corporations, governments, agencies, and associations which has or may hereafter have an interest in and is prepared to support the objectives of the WNMF; “Network Committee” means a committee established by the Minister of Natural Resources Canada to facilitate the exchange of information and collaboration among model forest sites and 46
o
o o
o
o
between model forests and other agencies. The Chairperson of the Board of Directors (or the alternate) and the General Manager normally represents the WNMF at network meetings; “Observer” means anyone who is accompanied by a Management Group Member or with the concurrence of the Management Group is invited to attend a Management Group meeting and take part in the discussion but cannot be involved in a consensus decision; “Party” means the agency or organization or individual represented by a “consensus” member of the Management Group; "Phase III Proposal " means the 5-year plan as described in Schedule B of the “Contribution Agreement” describing the objectives, management structure, activities to be carried out, and financial requirements of the WNMF; “Third Party Project” means any activity, task, project or work, or set or related programs, activities, tasks or projects not described in the Annual Work Plan but approved by the Board of Directors and Management Group; “WNMF” means the Western Newfoundland Model Forest Partners and Board of Directors, and the Committees associated with the model forest program. Purpose
The purpose of the WNMF is to increase implementation of sustainable forest management in Newfoundland and Labrador and to help provide leadership through the Network Committee towards the implementation of sustainable forest management throughout Canada’s managed forested land base. The vision for the WNMF (set in the year 2007) is: The partnership of the Western Newfoundland Model Forest is implementing innovative SFM systems and tools; adapting their management practices and philosophies; exchanging knowledge locally, provincially and nationally; and balancing our social, economic, and ecological values. The WNMF has identified 3 objectives that it wishes to pursue over the period April 1, 2002 – March 31, 2007. They are: Objective 1- Planning and Support Using a balanced approach (equal consideration for ecological, social and economic values) develop sustainable forest management (SFM) systems and tools and increase the capacity for partners to implement approaches within and beyond our boundaries. Objective 2- Knowledge Transfer and Communication Communicate national, provincial, and local SFM priorities through the dissemination of results and knowledge by working in cooperation with the Canadian Forest Service, model forest network, provincial partners, affiliated stakeholders, and the public. Objective 3- Outreach and Involvement Increase the level of public understanding of SFM within the Province to provide opportunities for effective participation. Stakeholders or Interests to be represented: The Board of Directors will be comprised of representatives from each of the following Partners: o Abitibi-Consolidated Company of Canada Incorporated; o Canadian Forest Service; o College of the North Atlantic; o Corner Brook Pulp and Paper Limited; o City of Corner Brook; 47
o o o o
Gros Morne National Park; Inland Fish and Wildlife Division; Newfoundland and Labrador Forest Service; Sir Wilfred Grenfell College.
The Board of Directors may expand its membership from time to time at the discretion of the Board. 1. The Management Group will be comprised of representatives from each of the Board Partners. As of February 5, 2004 the Management Group includes the following Partners: a. Abitibi-Consolidated Company of Canada Incorporated; b. Aquatic Centre for Research and Education; c. Canadian Forest Service; d. Canadian Institute of Forestry; e. City of Corner Brook; f. College of the North Atlantic; g. Corner Brook Pulp and Paper Limited; h. Department of Fisheries and Oceans; i. Gros Morne National Park; j. Humber Arm Environmental Association; k. Humber Natural History Society; l. Humber Economic Development Board; m. Newfoundland and Labrador Forest Service; n. Newfoundland and Labrador Inland Fish and Wildlife Division; o. Newfoundland and Labrador Trappers Association; p. Parks and Natural Areas Division; q. School District #3; r. Sir Wilfred Grenfell College. 2. The Management Group can, at any time, be expanded with the consent of the “consensus” members. a. The Management Group shall have regard to such considerations as the following in determining whether to expand its membership: i. the nature of the Stakeholder represented by the proposed expansion of membership; ii. whether that Stakeholder is: 1. represented through a current Member; 2. meaningfully represented otherwise; or 3. might be meaningfully represented through some other involvement whether as an Observer, representation on a Committee or Working Group, a participant in a Workshop, or otherwise; iii. whether a prospective individual or group has come forward who is willing to represent that Stakeholder and who has the desire and commitment and could make a meaningful contribution to the MFP; iv. striving to maintain a balance among representatives of interests, and between representation and effectiveness. b.
An “Open Seat will be continuously maintained throughtout the MFP to signal the commitment of the Management Group to expand its membership having regard to these considerations and to generally conduct its affairs and undertake activities “openly” with full opportunity for meaningful involvement.
3. Structure of the Process and Representation a. One member of each respective stakeholder represented on the Management Group shall be considered the “consensus” member. 48
Each respective stakeholder shall appoint an alternative to the “consensus” member for that agency or organization. It is the responsibility of the “consensus” member to keep informed his/her alternate. The General Manager will work in cooperation with the “consensus” member to help ensure the flow of information to the alternate and the “consensus” member’s organization. Additional representatives from each respective stakeholder may be present at the meetings from time to time as deemed appropriate. b. The Management Group considers providing an opportunity for the meaningful involvement in the decision-making process of particular interests and groups and the public-at-large essential to the fulfilment of its mandate. c. The manner in which meaningful involvement is to be accomplished, depending on the nature of the issues being addressed and the constituency with an interest in it, may involve a range of forums, mechanisms, processes and the need to engage professional assistance, including such things as: i. Communication through the media to inform broadly of the purpose and objectives of the WNMF, its workings and activities and topical SFM issues; ii. Workshops, informal sessions and meetings to enable the Management Group to inform, and to become informed as to the concerns and interests of particular groups and special interests and the public-at-large, as well as identifying the nature of such subsequent involvement as may be appropriate given the nature of the interests expressed. d. The Management Group to address certain tasks and assist in accomplishing its purpose and objectives will establish four Operational Committees; Executive Committee, Scientific Advisory Committee, Planning and Applied Science, and Knowledge Transfer and Science. In addition the Management Group and Committees may establish Working Groups. A description of the Board, Management Group, Committees and Working Group can be found in Appendix 1; e. The tasks to be addressed by the Operational Committees and Working Groups should be made explicit by the Management Group in terms of reference and appropriate time frame. The Management Group will disband Working Groups when they consider that their work is completed; f. A conflict of interest policy (reference Appendix 2) shall be used to guide Management Group members and Operational Committee members in making decisions; g. A summary statement suitable for discussion with the media and general public may be agreed upon and prepared at the conclusion of each Management Group meeting as a formal statement of describing the progress of the Management Group. When discussing, the Members will respond within the spirit of this joint summary; h. Members will not characterize the positions or suggestions of other Members in their discussions with the public or the media; i. It is understood that the Members will discuss positions and proposals made by other Members with their principals and constituents. They will advise those constituents and principals of the ground rules and make a good faith effort to receive their compliance. However, it is also understood that it is impossible to ensure the adherence of all possible constituents to this provision. 4. Scheduling and Agenda a. A minimum of quarterly meetings will be held by the Management Group in any fiscal year with additional meetings being called as required. On average Management Group members can expect six (6) or more meetings per year.; b. Any Party may request a meeting of the Management Group. The agenda will include only that issue for which the meeting was convened. The Party requesting a meeting shall advise the general manager who will advise the Management Group members of request for the meeting and the reasons why the meeting is being held; c. A minimum of ten (10) business days notice shall be given for any meeting of the Management Group; 49
d. Items for an agenda must be submitted and an agenda circulated, a minimum of five (5) business days prior to a meeting; e. Any materials to be referred to at a meeting shall be distributed a minimum of five (5) business days prior to that meeting; f. Summary notes of the meetings, outlining the general discussions, decisions and timeframes attached to those decisions, are the responsibility of the General Manager and shall be kept for all meetings of the Management Group. Summary notes of a meeting shall be distributed by email within five (5) business days after the meeting; g. A time limit for agenda items shall be established prior to the commencement of a meeting. 5. Timetables a. All activities carried out or sanctioned by the Management Group shall have a time-frame attached to it; b. An Annual Work Plan outlining the activities to be carried out for the following fiscal year will be submitted to Canadian Forest Service no later than March 1 of any fiscal year; c. An Annual Report, outlining the previous fiscal year achievements and expenditures, will be submitted to Canadian Forest Service no later than June 30 of any fiscal year; d. The Management Group shall hold public information sessions no less than once in any fiscal year to convey the accomplishments and activities of the WNMF to the general public and to receive feedback from them; e. The Management Group shall review the Ground Rules at least once a year. 6. Principles of Consensus Building a. The purpose of consensus building is to reach agreement; b. The Members agree to act in "good faith" in all aspects of the process; c. The Members accept the concerns and goals of others as legitimate; d. It is important that a Member raises with the Management Group any matter which they perceive to be in violation of these ground rules or of "good faith" consensus building; e. The individuals involved in WNMF activities shall be made aware of and abide by these ground rules; f. The focus will be on interests and concerns rather than on demands and positions; g. The Members commit to fully explore issues, searching for solutions in a problem solving and consensus building atmosphere; h. The Members will refrain from personal attacks and characterizations; i. Information provided, statements, positions and offers made during the MFP should be understood as being made only for purposes of the MFP and not as findings for any other purpose including litigation and administrative procedures or other activity or to attempt to bind any other participant or person in any such forum; j. The Members will not agree to any provision or action for which they are unwilling to seek the concurrence of those they represent; k. The interest of all organizations represented by a Member(s) will be identified. Consensus building will support achievement of all identified interests. 7. Defining Agreement and Dealing with Disagreement: a. Agreement is reached when a consensus exists; b. In order to facilitate the broadest possible consideration of options and solutions, all suggestions and offers will be regarded as tentative until full agreement is reached. Understandings reached during discussions are interim pending agreement on a total package, unless otherwise agreed; c. If one or a few Members disagree with a proposed decision, then that Member is responsible for demonstrating clearly that the item at issue is a matter of such principle that he or she cannot accept the decision. Or, the Member must clearly show why and how he or she would be specifically and differentially impacted by the proposed decision; d. If the dissenting Member can demonstrate either condition, then it becomes incumbent upon the rest of the Members to make an explicit effort to address those concerns; e. In the event that an impasse develops, an appropriate conflict resolution process will be 50
f.
agreed upon and adhered to by the Members. Some possible steps in the process may include, but are not limited to, the following measures: i. Involvement by the Board of Directors in the discussions to assist in the further exploration of the issues(s); ii. Involvement in the mediation assistance, including the possibility of engaging a professional mediator to assist the Management Group in reaching a resolution of the issue(s) dividing them; and/or iii. Involvement of a technical panel to recommend as to possible candidates for a mutually acceptable expert(s) to assist in resolving difficult technical issues. In the event that a Mediator may, at any stage, be appointed to assist in the process or any part of it, the participants recognize the special nature of the Mediator's role and undertake not to seek or compel the testimony of the Mediator in respect of anything said or done by him in the course of the MFP on the production of their personal notes or work papers in connection with the any administrative or legal process except as may be jointly agreed upon by the participants and the Mediator.
8. Technical and Substantive Information: a. At an early stage in the consensus building process, the Management Group will develop a common information base, identifying areas where available information needs to be shared and/or verified, additional interpretation as required or additional information as required; b. In the event of dissention with the experimental design of a proposal, the proposal in question will be submitted to the Scientific Advisory Committee for a review; c. Requests for information will be coordinated through the Management Group and/or the General Manager. 9. Roles and Responsibilities The Board of Directors is the governing body of the Western Newfoundland Model Forest Incorporated (WNMF), and has the ultimate legal responsibility for the WNMF. The Board’s primary functions are to approve policies, provide overall strategic direction, in cooperation with the Canadian Forest Service approve the annual work plan and annul report. The Board is responsible for hiring the General Manager (GM) who in cooperation with the Management Group and Board is responsible for hiring staff. In Phase III the Board has been asked to seek Committee.
regular consultation with the Scientific Advisory
The Chair and Co-Chair of the Board of Directors, represents the interests of the Board of Directors between meetings of the Board. In Phase III an Executive Committee has been established, which is made up of the Chair or Co-Chair of the Board, the Chair or Co-Chair of the Management Group, Office Manager and GM. The Committee will approve and recommend direction to Model Forest Staff between Board and Management Group meetings. The Chair or Co -Chair of the Board of Directors and the GM represents the Model Forest on the National Network Committee. The Management Group is responsible for the activities and projects carried out by the WNMF. The Management Group’s primary functions are: i. to develop and approve the annual budget and work plan for submission to the Board; ii. to be advised of any changes to the work plan and to approve any substantive changes to the work plan; iii. to recommend approval of the hiring of permanent full-time staff; iv. to provide direction and guidance to the GM in implementing the work plan; v. to provide advice to the Board of Directors and to bring to the Board’s attention any concerns or issues that require the Board’s attention. The Management Group makes decisions by consensus. Each Management Group member has one designated alternate. It is the responsibility of each Management Group member to keep his/her alternate current about WNMF strategies, projects and activities. The GM will assist th Management 51
Group members by forwarding minutes of meetings, and pertinent information to alternates. The Management Group acknowledges the “open chair policy” that signals an understanding for individuals and groups that can contribute and benefit by being involved in the MFP at the Management Group level The Chair or Co-Chair of the Management Group represents the Management Group’s interests between meetings of the Management Group, and in this capacity provides guidance to the GM on an ongoing basis on issues within the Management Group’s mandate. The Chair is accountable to the Management Group, and is elected annually by the Management Group. The Chair is responsible for the agenda and timing of Management Group meetings. The Chair attends meetings of the Board of Directors. The General Manager is responsible for implementing the work plan. The GM’s functions include hiring and supervising all staff, negotiating and approving contracts, and ensuring that the activities of the Model Forest are carried out with sound fiscal management, in conformity with all relevant laws, policies and contractual commitments, and in fulfilment of the Model Forest’s Goals and Objectives. The GM is the spokesperson/coordinator for media releases and public information for the WNMF. The GM is a nonconsensus member of the Management Group, and serves on the National Network Committee. The GM attends meetings of the Board of Directors.
52
MODEL FOREST COMMUNITIES OF NEWFOUNDLAND AND LABRDOR GENERAL OPERATIONING BY-LAW # 1 DRAFT #4 TABLE OF CONTENTS ARTICLE 1 INTERPRETATION........................................................................55 ARTICLE 2 HEAD OFFICE .................................................................................57 ARTICLE 3 SEAL ..................................................................................................57 ARTICLE 4 MEMBERSHIP ................................................................................57 ARTICLE 5 ELECTION/APPOINTMENT OF BOARD .................................66 ARTICLE 6 BOARD OF DIRECTORS ..............................................................66 ARTICLE 7 OFFICERS OF THE CORPORATION ........................................72 ARTICLE 8 MANAGEMENT GROUP ...............................................................74 ARTICLE 9 EXECUTIVE COMMITTEE............................................................76 ARTICLE 10 MEMBERS’ MEETINGS..............................................................77 ARTICLE 11 FISCAL YEAR ...............................................................................80 ARTICLE 12 EXECUTION OF DOCUMENTS ................................................80 ARTICLE 13 BOOKS AND RECORDS, AUDIT AND ACCOUNTING ......81 ARTICLE 14 BANKING ARRANGEMENTS ...................................................82 ARTICLE 15 BORROWING BY THE CORPORATION ...............................83 ARTICLE 16 NOTICE ..........................................................................................84 ARTICLE 17 BY-LAWS AND AMENDMENTS...............................................84 ARTICLE 18 MISCELLANEOUS MATTERS...................................................84 Appendix A................................................................Error! Bookmark not defined. Model Forest Communities of Newfoundland and Labrador (MFC) Process Ground Rules .......................................................................................................88 Appendix B................................................................Error! Bookmark not defined. 53
Conflict of Interest Policy ...................................Error! Bookmark not defined.
54
BY-LAW NO 1 A by-law relating generally to the transaction of the business and affairs of Model Forest Communities of Newfoundland and Labrador Inc. BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of Model Forest Communities of Newfoundland and Labrador Inc. as follows:
ARTICLE 1 INTERPRETATION 1.1
Meanings
In this by-law and all other by-laws and resolutions of the Corporation unless the context otherwise requires: “Act” means the Corporations Act, R.S. N. 1990,c. C-36, as amended from time to time, and any statue enacted in substitution therefore from time to time; “Articles of Incorporation” means the Articles of Incorporation of the Corporation as same may be amended from time to time; “Authorized Representative” means the person entitled to act on behalf of and represent a Nominator and who is identified in Section 4.4; “Board” means the board of directors of the Corporation; “Consensus” means the explicit concurrence of all members as represented by the “consensus members”. Any reference to the “consensus member” shall always be taken as a reference to the alternative consensus member if the consensus member is absent. Explicit concurrence requires that all members are represented in arriving at the consensus decision; “Claims” means claims, losses, damages (direct, indirect, consequential or otherwise), suits, judgments, causes of action, legal proceedings, executions, demands, penalties or other sanctions of every nature and kind whatsoever, whether accrued, actual, contingent or otherwise and any and all costs arising in connection therewith, including without limitation, legal fees and disbursements on a solicitor and his own client basis (including without limitation, all such legal fees and disbursements in connection with any and all appeals);
55
“Corporation” means the Western Newfoundland Model Forest Incorporated whose name has been changed to the Model Forest Communities of Newfoundland and Labrador; “Director” means a Director of the Corporation; “Document” includes deeds, mortgages, leases, sub-leases, easements, licenses, hypothecs charges, conveyances, transfers and assignments of property, real or personal, immovable or moveable, agreements, releases, receipts and discharges for the payment of money or other obligations, conveyances, transfers and assignments of shares, bonds, debentures or other securities and all paper writings; “Executive Committee” means the committee described in Article 8; “Guidelines” means the Model Forest Communities of Newfoundland and Labrador Process Ground Rules and Conflict of Interest Guidelines identified in Appendix A and B respectively; “Management Group” or “Management Group Member” means any member designated by the nominators to sit on the Management Group; “Member” means any member of either the Board or Management Group of the Corporation and “Members” shall have a corresponding meaning; “Model Forest Process” “Minister” means the Minister of the Department of Natural Resources, Canadian Forest Service; “Nominators” means those entities described in section 4.4, and “Nominators” shall have a corresponding meaning; “Nominees” means the person named by the Nominator from time to time in accordance with Article 4; “President” means the president of a meeting of the Board; “President of the Board” or “Vice-President of the Board” means the President or Vice-President of the Board of the Corporation;
56
ARTICLE 2 HEAD OFFICE 2.1
Location
The head office of the Model Forest Communities of Newfoundland and Labrador shall be situated within the western region of the Island of Newfoundland, at such address within such location as may be determined by the Board from time to time. ARTICLE 3 SEAL 3.1 Impression The seal shall be that which has been used by the Corporation since the issuance of the Certificate of Incorporation, an impression of which shall be stamped on the last page of this By-Law. Or The seal, an impression of which shall be stamped on a certificate of the Secretary immediately following the issuance of the Certificate of Incorporation and the passage of this by-law, shall be the seal of the Corporation. ARTICLE 4 MEMBERSHIP 4.1
Membership
(a)
Membership in the Corporation shall consist of the Members in accordance with sections 4.2, 4.3, 4.4, 4.5, and 4.6 as the case may be. Each Member shall be entitled to one vote at all meetings of Members and shall have identical rights and obligations.
(b)
Each person admitted as a Member in the Corporation shall be promptly informed of his or her admission as a Member and given copies of the following documents; (i) the Articles of Incorporation of the Corporation (ii) this By-Law of the Corporation and any further By-Laws of the Corporation;
57
(iii) the Agreement between the Department of Natural Resources, Canadian Forest Service and the Corporation dated April 2007 and future amendments as may be the case. 4.2
Qualifications of a Member
Notwithstanding any nomination by Nominator to the contrary: (a)
Each Member shall be at least 18 years of age and shall not be: (i)
a corporation, firm or any other entity;
(ii)
a person who has the legal status of a bankrupt or is insolvent;
(iii)
a person who is found by a court to be a mentally incompetent person or of unsound mind;
(iv)
a person holding federal or provincial elected office;
(v)
a person who has been convicted of a criminal offence related to the employment of that person; and
(vi)
a person who is an employee or tenant of the Corporation.
(b)
Members shall be as far as practicable, be persons who collectively have experience and a demonstrated capacity in such disciplines as terrestrial and freshwater sustainable resource management, forestry, wildlife, watershed management, government, and the organizations of tourism, academia, local communities and economic development, and who have the business acumen and experience to assist in the management of the affairs of the Corporation as an ongoing, viable not for profit enterprise;
(c)
Members shall be Canadian citizens;
(d)
As a condition precedent to becoming a Member and notwithstanding any other provision of this By-Law, a person must consent to becoming a Member;
(e)
Members shall be and continue to be a Canadian citizen; and
(f)
Members shall at all times meet the requirements of the Guidelines.
4.3
Replacement of Current Members
58
(a)
(b)
4.4 (a)
Upon the Nominators providing the Current Members with the names of their respective Nominees, each of whom shall meet the qualifications set forth in section 4.2 and designating which Nominees satisfy the provisions of section 4.2 (c), the Current Members shall appoint all the Nominees. Any Current Member who is not named as a Nominee by a Nominator shall be deemed to have resigned as a Member and Director as of the date of such appointment. For greater certainty, the Current Members shall be the sole Members of the Corporation until replaced in accordance with the foregoing provisions of this section 4.3. Nomination of Members by Nominators The following entities are the Nominators and have consented to act as Nominators in the manner contemplated by this By-Law:
Abitibi-Consolidated Company of Canada Inc P.O. Box 500 Grand Falls-Windsor, NL Canada, A2A 2K1 Authorized Representative: Manager of Fiber Resources, William Furey
Canadian Institute of Forestry, Newfoundland and Labrador Section 14 Paddy Dobbin Road St. John’s, NL Canada, A1A 4V4 Authorized Representative: Chairperson, Muhammad Nazir
City of Corner Brook P. O. Box 1080 Corner Brook, NL A2H 6 E1 Authorized Representative: Director of Community Services, Paul Barnable
College of the North Atlantic P.O. Box 822 Corner Brook, NL Canada, A2H 6H6 59
Authorized Representative: Dean, Tourism and Natural Resources, D. Brent Howell
Corner Brook Pulp and Paper Ltd. P.O. Box 2001 Corner Brook, NL Canada, A2H 6J4 Authorized Representative: Woodlands Manager, Pat Tompkins
(Provincial) Department of Environment and Conservation, Parks and Natural Area Division 33 Reid’s Lane Deer Lake, NL Canada, A8A 2A3 Authorized Representative: Manager, Natural Areas Program, Calvin Yates
(Provincial) Department of Environment and Conservation, Lands Division Howley Building, Higgins Line P.O. Box 8700 St. John’s, NL Canada, A1B 4J6 Authorized Representative: Manager of Planning and Allocation, Reginald Garland
(Provincial) Department of Environment and Conservation, Wildlife Division P.O. Box 2007 117 Riverside Drive Corner Brook, NL Canada, A2H 7S1 Authorized Representative: Director, Jim Hancock
(Provincial) Department of Environment and Conservation, Water Resources Management Division P.O. Box 8700, Confederation Building St. John’s, NL Canada, A1B 4J6 Authorized Representative: Manager, Surface Water, Haseen Khan 60
(Federal) Department of Fisheries and Oceans 1 Regent Square Corner Brook, NL Canada, A Authorized Representative: Area Habitat Biologist, Darrin Sooley
(Provincial) Department of Innovation, Trade and Rural Development 2 Herald Avenue P.O. Box 2006 Corner Brook, NL Canada, A2H 6J8 Authorized Representative: Economic Development Officer, Keith Payne
(Federal) Department of Natural Resources, Canadian Forest Service P.O. Box 4000 Fredericton, NB Canada, E3B 5P7 Authorized Representative: Director General, John Richards
(Provincial) Department of Natural Resources, Forestry Services Branch P.O. Box 2006 Herald Building Corner Brook, NL Canada, A2H 6J8 Authorized Representative: Chief Executive Officer, Len Moores
Great Humber Joint Council P.O. Box 65 Corner Brook, NL Canada, A2H 6C3 Authorized Representative: Member, Mac Turner
Gros Morne National Park P.O. Box 130 Rocky Harbour, NL 61
Canada, A0K 4N0 Authorized Representative: Superintendent, Field Unit Office, Jeff Anderson
Hospitality Newfoundland and Labrador ICON building, 2nd Floor 187 Kenmount Road St. John’s, NL Canada, A1B 3P9 Authorized Representative: Executive Director, Nancy Healey
Humber Arm Environmental Association Forest Centre, University Drive P.O. Box 564 Corner Brook, NL Canada, A2H 6E6 Authorized Representative: Executive Director, Sheldon Peddle
Humber Economic Development Board P.O. Box 2006 Corner Brook, NL Canada, A2H 6J8 Authorized Representative: Executive Director, Perry Bingle
Humber Natural History Society c/o Sir Wilfred Grenfell College University drive Corner Brook, NL Canada, A2H 6P9 Authorized Representative: President, Lois Bateman
Independent Chair 1 Marcelle Avenue Corner Brook, NL Canada, A2H 2V6 Authorized Representative: Private Citizen, David Smallwood 62
Memorial University, Sir Wilfred Grenfell College Corner Brook, NL Canada, A2H 6P9 Authorized Representative: Principal, John Ashton
Newfoundland and Labrador Training Association P.O. Box 2006 Corner Brook, NL Canada, A2H 6J8 Authorized Representative: Chairman, William Alexander
Protected Areas Association P.O. Box 1027, Stn. C St. John’s, NL Canada, A1C 5M5 Authorized Representative: Executive Director, Chris Hogan
Town of Pasadena 18 Tenth Avenue Pasadena, NL Canada, A0L 1K0 Authorized Representative: Mayor Bob Mercer Western School District P.O. Box 368 Corner Brook, NL Canada, A2H 6G9 Authorized Representative: Director of Education, Ross Elliott
White Bay South Communities Hampden, Jackson’s Arm, Pollards Point, Sop’s Arm P.O. Box 9 Hampden, NL A0K 2Y0 Authorized Representative: Mayor, Ross Pynn 63
White Bay South Development Association General Delivery Pollard’s Point, NL Canada, A0K 4B0 General Delivery Pollard’s Point, NL Canada, A0K 4B0 Authorized Representative: Chair, Gary Gale (b)
Each of the Nominators in section 4.4 through its Authorized Representative shall name two Nominees to be Members. One of whom will act as an alternate for the other Member.
(c)
The Board shall appoint as Members each duly designated Nominee who meets the qualifications of a Member set forth in section 4.2
(d)
Additional entities may be added as Nominators from time to time upon: i. Board receiving advice from the Management Group to consider an entity in accordance with the Guidelines ii. the approval of the Board as determined by a vote of not less than two-thirds of all the Directors; and iii. the entity providing its written consent to its becoming a Nominator.
(e)
4.5
A Nominator may be removed by a vote of not less than two-thirds of all the Directors. The Nominator in section 4.4 (a) xii shall not be removed without its consent. Terms of Members
(a)
Members appointed in accordance with section 4.3 shall serve for an initial term of 5 years commencing April 1, 2007 and concluding on March 31, 2012.
(b)
Notwithstanding any other provision of this By-Law, the Board of Directors may, with the consent of the Nominator who has nominated a particular Member, extend or shorten the term of such Member for the purpose of fixing a date for the end of such term which facilitates an orderly changeover of the composition of membership of the Corporation.
4.6
Appointment of Subsequent Members 64
At least 30 days prior to March 31, 2012 the General Manager shall solicit a Nominee from the Nominator who originally nominated the Existing Member to replace the Existing Member (which Nominee may be the Existing Member). At least 15 days prior to the expiration of the term of membership of an Existing Member, the Nominator shall provide the General Manager with the name of its Nominee, who shall meet the qualifications of a Member set forth in section 4.2. The Board shall appoint as a Member each Nominee, such appointment to be effective upon the expiration of the Existing Member’s term of Membership on March 31, 2012. 4.7
Transfer of Membership
Membership in the Corporation is not transferable. 4.8
Termination of Membership
The membership of a Member automatically terminates upon the happening of any one of the following events: (a) the Member, in writing, resigns as a Member of the Corporation; (b) the Member dies; (c) the Member ceases to have the qualifications referred to in section 4.2 (d) the Member’s membership is terminated in accordance with section 4.9; or (e) the Member shall have failed to attend three consecutive meetings of the Board or Management Group without such non-attendance having been excused by the Board or in the case of the Management Group, be excused by the Management Group. Upon a Member’s membership so terminating the General Manager shall forthwith provide written notice to the Nominator who had originally nominated such Member of such termination. Such Nominator shall within 60 days of receiving notice of such termination advise the General Manager in writing of the name of a replacement Nominee who meets the qualifications of a Member set forth in Section 4.2. The Board shall appoint such named replacement Nominee and such replacement Nominee shall be a Member for the balance of the term of membership of the Member whose membership was terminated. 4.9
Removal of a Member
If any Nominator or Director so requests the Board will consider whether there is cause to terminate the membership of any Member. If the Board, by a vote of not less than two-thirds of all the Directors except the Director in question determines that there is cause to terminate the membership of a Member, that Member’s membership shall terminate effective the date of such determination. Notice of a meeting of the Board 65
for the removal of a Member shall state such purpose and the name of the Member concerned and such Member shall be entitled to a reasonable opportunity to be heard. Upon a Member’s membership being terminated in accordance with the foregoing, the vacancy so created shall be filled in the manner set out in section 4.8 4.10 Membership Contributions Each Nominator shall contribute in-kind knowledge, time and or funds. Guidelines for Nominator’s contributions are included in the Guidelines and will be used as a basis for membership contributions. Nominator’s may support individual activities of the Corporation as they see fit. 4.11 Non-Liability of Nominators The Nominators shall not be liable for any claims arising out of their; (a) nominating members in accordance with this Article 6; (b) failing to name a nominee; or (c) involvement with the Corporation in the manner contemplated by this by-law. ARTICLE 5 ELECTION/APPOINTMENT OF BOARD 5.1
Ex Officio Board
The Board shall be comprised solely of ex officio Directors. 5.2
Size of the Board
The size of the Board shall be not less than nine nor more than fifteen. 5.3
Directors
Every person who is a Member shall be ex officio a Director. Upon a person ceasing to be a Member, such person shall automatically cease to be a Director of the Corporation. ARTICLE 6 BOARD OF DIRECTORS 6.1
Powers of the Board
The Board shall have the power to and shall administer the affairs of the Corporation in all things and make or cause to be made for the Corporation, in its name, any kind of contract which the Corporation may lawfully enter into and save as hereinafter provided, generally, may exercise all other powers and do all other acts and things as 66
the Corporation is by its charter or otherwise authorized to exercise and do. Without limiting the general of the foregoing, the Board shall have the power to:
6.2
(a)
appoint and replace the officers of the Corporation, including the General Manager;
(b)
approve annual work plans for the Corporation;
(c)
authorize expenditures on behalf of the Corporation from time to time and may delegate by resolution to an officer or officers of the Corporation the right to employ and pay salaries to employees of the Corporation;
(d)
raise funds and define fee structures;
(e)
make expenditures of funds for the purpose of furthering the objects of the Corporation;
(f)
enter into a trust arrangement with a trust company for the purpose of creating a trust fund in which the capital and interest may be made available for the purpose of establishing a reserve for the benefit of the Corporation, in accordance with such terms as the Board may prescribe;
(g)
constitute the Management Group and such committees of the Corporation as the Board, from time to time, considers necessary to assist in carrying out the objects of the Corporation, and to appoint the chairman and members of such committees to serve during the pleasure of the Board, and to fix the remuneration, if any, to be paid to such committee members;
(h)
appoint such agents as it deems necessary from time to time and those agents shall have such Corporation and shall perform such duties as are prescribed by the Board at the time of their appointment; and
(i)
delegate any of it’s powers to committees consisting of such number of Directors as the Board thinks fit. Any committee so formed shall, in the exercise of powers so delegated, conform to any regulations that may be imposed on them by the Board.
Quorum and Meetings (a)
A majority of the Directors in office shall form a quorum for the transaction of business. No business, other than the election of a 67
Chairman and the adjournment of the meeting, shall be transacted at any meeting of the Board unless a quorum is present at the meeting and, unless adjourned, a meeting at which a quorum is not present shall be dissolved. (b)
Except as otherwise required by law, the Board may hold its meetings at such place or places in the Province of Newfoundland and Labrador as it may from time to time determined.
(c)
A Director may participate in a meeting of the Board, Management Group or other committee of the Board by means of a conference telephone or other communications facility as permits all persons participating in the meeting to hear and speak to each other, and a Director participating in a meeting by such means shall be deemed for all purposes to be present at the meeting.
(d)
No formal notice of any meeting of the Board shall be necessary if all of the Directors are present, or if those absent have signified their consent to the meeting being held in their absence. Such consent may be given before, during or after the meeting.
(e)
Meetings of the Board may be formally called by the Chairman of the Board or by the General Manager on direction of the Chairman of the Board, or by the General Manager at the request in writing of two or more Directors but, in any event, there shall be at least two Meetings of the Board each fiscal year. Notice of such meetings shall be delivered or sent not less than 14 days before the meeting is to take place. The statement of the General Manager or Chairman of the Board that notice has been given validly given pursuant to this by-law shall be sufficient and conclusive evidence of the giving of such notice.
(f)
The Board may select a day or days in any month or months for regular meetings at an hour to be named and no notice need be sent for such regular meetings
(g)
A meeting of the Board may be held, without notice, immediately following the annual meeting of Members.
(h)
The Directors may consider or transact any business either special or general at any meeting of the Board.
(i)
A meeting of the Board may be adjourned from time to time and place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. Where a meeting is adjourned for 45 days or more, notice of the adjourned meeting shall be given as in the case of the original 68
meeting. Except as provided in this subsection, it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting. 6.3
Errors and Notice
No error or accidental omission in giving notice for a meeting of the Board shall invalidate such meeting or invalidate or make void any proceedings taken or held at such meeting and any Director may at any time waive notice of any such meeting and may ratify and approve of any or all of the proceedings taken at such meeting. 6.4
6.5
Voting (a)
Questions arising at any meeting of Directors shall be decided whenever possible by consensus. If consensus cannot be reached than the President may call for the decision to be made by a majority of votes unless otherwise specifically provided by the act or by the by-laws of the Corporation.
(b)
In case of an equality of votes, the President shall have a second or casting vote.
(c)
All votes at Directors’ meetings shall be taken by assent or dissent. A declaration by the Chairman that a resolution has been carried and an entry to that effect in the minutes shall be admissible in evidence a prima facie proof of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution.
(d)
In the absence of the President of the Board at a Directors’ meeting, his duties may be performed by the Vice-President or such other Directors as the Board may from time to time appoint for the purpose.
Resolution in Writing
A resolution in writing signed by all of the Directors then in office shall be as valid and effectual as if it had been passed at a duly called and constituted meeting of the Board. 6.6
Indemnities to Directors and Others
The Corporation shall indemnify and save harmless every: (a)
Director and former Director
(b)
Officer and former officer of the Corporation,
And their respective heirs, executors and administrators, from and against:
69
(i)
all costs, charges and expenses (including, without limitation, an amount paid to settle an action or satisfy a judgment) which such persons sustains or incurs in or about any action, suit or proceedings which is brought, commenced or prosecuted against him for or in respect of any act, deed, matter or thing whatsoever made, done or permitted by him to be done in or about the execution of the duties of this office; and
(ii)
all other costs, charges and expenses which such person sustains or incurs in or about or in relation to the affairs of the Corporation,
except the costs, charges or expenses occasioned by his own willful neglect or default. 6.7
Contracts of Indemnity
The Board may from time to time cause the Corporation to enter into a contract or contracts to indemnify any Director, officer, employee, agent or other person who has undertaken or is about to undertake any liability on behalf of the Corporation or any authority, corporation, partnership, joint venture, trust or other enterprise controlled by the Corporation or in which the Corporation has had an interest. 6.8
Insurance
The Board may cause funds to be expended by the Corporation for the purchase and maintenance of insurance for the benefit of any person who is or was a Director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise in which the Corporation has had an interest, against any claims arising out of such person acting in such capacity. 6.9
Protection of Directors and Officers
The Directors and officers of the Corporation shall not be liable for the acts, receipts, neglects or defaults of any other Director or officer or employee or for joining in any receipt or act for conformity or for any loss, damage or expense happening to the Corporation through the insufficiency or deficiency of title to any property acquired by the Corporation or for or on behalf of the Corporation or for the insufficiency of an security in or upon which any of the money of or belonging to the Corporation shall be placed out or invested or for any loss or damage arising from the bankruptcy, insolvency or tortuous act of any person, firm or corporation with whom or which any monies, securities or effects shall be lodged or deposited or for any other loss, damage or misfortune whatever which may happen in the execution of the duties of his respective office or trust or in relation thereto unless the same shall happen by or through his own wrongful and willful act or through his own wrongful or willful neglect or default. 6.10 Responsibilities for Acts 70
The Directors for the time being of the Corporation shall not be under any duty or responsibility in respect of any contract, act or transaction whether or not made, done or entered into in the name of or on behalf of the Authority, except such as shall have been submitted to and authorized and approved by the Board. 6.11 Remuneration of Directors Directors may receive reasonable remuneration for their services, commensurate with their duties, together with reimbursement for all reasonable expenses necessarily incurred in fulfillment of their duties, the amount of such remuneration, if any, being determined by the Board from time to time. Nothing contained in this section shall be construed so as to preclude a Director from serving the Corporation as an officer or in any other capacity and receiving compensation therefore. 6.12 Conflicts of Interest and Guidelines No Member shall directly or indirectly receive any profit from his position as such; provided that any Member who is engaged in or is a member of a firm or corporation engaged in any business or profession may, subject to the Act and the Conflict of Interest Guidelines appended hereto as Appendix “B� act in and be paid the usual professional fees and business charges for any professional work or other business required to be done in connection with the administration of the affairs of the Corporation. The Board shall ensure that all Members (and, where appropriate, officers and employees of the Corporation) adhere to the Guidelines designed to prevent real and perceived conflicts of interest. The Board shall annually review the Conflict of Interest Guidelines to ensure that the Conflict of Interest Guidelines are valid and cover reasonable situations. As a member of the Board of the Corporation, each Director holds a fiduciary duty to the Corporation notwithstanding the relationship that exists with his Nominator. 6.13 Report of the Board The Board shall give a full and complete report of its activities for the preceding fiscal year at the annual meeting of the Members of the Corporation.
71
ARTICLE 7 OFFICERS OF THE CORPORATION 7.1
Officers (a) There shall be a President of the Board, a Vice-President of the Board, and such officers, including without limitation, a General Manager and any honorary officers, as the Board may determine from time to time. (b) One person may hold more than one office (c) The officers of the Corporation shall be appointed by resolution of the Board. In the absence of a written agreement to the contrary, the terms of engagement of all officers (including, without limitation, the remuneration of such officers, if any, and removal from office) shall be determined from time to time by the Board. (d) No officer of the Corporation need also be a Director, save and except for the President of the Board and the Vice-President of the Board each of whom shall be a Director.
7.2
President and Vice-President of the Board
The President of the Board or, in his absence, the Vice-President of the Board shall: (a) preside as President at all meetings of the Board, the Executive Committee and Members when present; (b) have the other powers and duties from time to time prescribed by the Board or the Executive Committee of which are incidental to the office of President of the Board; (c) not be a person who, at any time during the (2) years prior to his election as President or Vice-President of the Board, has held federal or provincial elected office; and (d) be ex officio a member of the Executive Committee. 7.3
General Manager
The General Manager, as and when appointed, shall: (a)
be the Chief Executive Officer of the Corporation;
(b)
supervise the affairs an operations of the Corporation; 72
(c)
have the other powers and duties from time to time prescribed by the Board or the Executive Committee or which are incidental to the office of General Manager;
(d)
attend all meetings of the Corporation, the Board, and the Executive Committee of the Corporation;
(e)
cause the duties of the Officer Manager or any other officer to be performed where no such officer has been appointed or any such office is vacant; and
(f)
recommend approval of the hiring of permanent full-time staff to the Management Group.
7.4
Office Manager
The Office Manager shall: (a)
be ex officio secretary of the Corporation, the Board, and the Executive Committee of the Corporation;
(b)
attend all meetings of the Corporation, the Board, and the Executive Committee of the Corporation to record all facts and minutes of those proceedings in the books kept for that purpose;
(c)
give all notices required to be given to Members and to Directors; be the custodian of all books, papers, records, correspondence and documents belonging to the Corporation;
(d)
keep full and accurate accounts of all receipts and disbursements of the Corporation in proper books of accounts;
(e)
deposit all monies or other valuables effects in the name and to the credit of the Corporation in the bank or banks from time to time designated by the Board or Executive Committee;
(f)
disburse the funds of the Corporation under the direction of the Board or Executive Committee, whenever required of him, prepare an account of all such transactions as Treasurer and of the financial position of the Corporation;
(g)
cooperate with the auditors of the Corporation during any audit of the accounts of the Corporation; 73
(h)
be the custodian of the corporate seal of the Corporation; and
(i)
perform the other duties from time to time prescribed by the Board or the Executive Committee, or which are incidental to the office of Office Manager.
7.5
Other Officers
The duties of all other officers of the Corporation shall be those which the terms of their engagement call for or which may be otherwise specified by the Board of Executive Committee. ARTICLE 8 MANAGEMENT GROUP 8.1
Management Group Member
Each Nominator is required to provide a Member and where possible an alternate to the Member, one of who will regularly attend Management Group meetings. 8.2
Responsibility of Management Group Member
It is the responsibility of each Management Group member to keep his/her alternate current about MFC strategies, projects and activities. The GM will assist the Management Group members by forwarding minutes of meetings, and pertinent information to alternates. 8.3
Expansion of Management Group
The Management Group may from time to time be expanded with the consent of the Board. The Management Group in determining whether to expand shall have regard to such considerations as the following; (a)
the nature of the entity (stakeholder?) represented by the proposed expansion of membership;
(b)
whether that entity is: (i)
represented through a current member;
(ii)
meaningfully represented thought some other involvement whether as an Observer, representation on a Committee or Working Group, a participant in a Workshop;
74
8.4
(c)
whether a prospective member has come forward who is willing to represent that entity and who has the desire and commitment and could make a meaningful contribution to the model forest process; and
(d)
striving to maintain a balance among representatives of interests, and between representation and effectiveness.
Open Seat
An open seat will be continuously maintained at the Management Group meetings to signal the commitment of the Management Group to expand its membership having regard to these considerations and to generally conduct its affairs and undertake activities openly with full opportunity for meaningful involvement. 8.5
Roles and Responsibilities
The Management Group is responsible to:
8.6
(a)
recommend to the Board the acceptance of an annual work plan, audits, annual report and communication strategy;
(b)
be advised of any changes to the work plan and to approve any substantive changes to the work plan;
(c)
provide advice from time to time to the General Manager and Board;
(d)
make decisions using the principles of consensus building found in the Guidelines; and
(e)
bring to the Board’s attention any concerns or issues that require the Board’s attention.
Consensus
The Management Group makes decisions by consensus. The Management Group will use the guidelines for consensus building found in Appendix A. 8.7
Standing Committees and Working Groups
The Management Group will from time to time establish Standing Committees, Scientific Advisory Committee, and Working Groups. The tasks to be addressed by the Standing Committees, Scientific Advisory Committee and Working Groups shall be made explicit by the Management Group in terms of reference and time frame. 8.8
Chairman and Vice-Chairman 75
The Management Group will annually elect from their group a Chair and Vice-Chair who will from time to time provide advice to the General Manager, and in cooperation with the General Manager call Management Group meetings and set the agenda for Management Group meetings. The Chair or Co-Chair of the Management Group represents the Management Group’s interests between meetings of the Management Group, and in this capacity provides guidance to the GM on an ongoing basis on issues within the Management Group’s mandate. The Chair is accountable to the Management Group, and is elected annually by the Management Group. The Chair is responsible for the agenda and timing of Management Group meetings. The Chair attends meetings of the Board of Directors. The Management Group will use the Guidelines found in Appendix A and B to guide their decision-making.
ARTICLE 9 EXECUTIVE COMMITTEE 9.1
Constitution
The Board shall from time to time elect from among its number an Executive Committee consisting of such number of persons, but not less than three, as the Board may by resolution determine, provided that at all times the President or the VicePresident of the Board, General Manager, Office Manager and Chair of the Management Group shall be members of the Executive Committee. Each member of the Executive Committee shall serve during the pleasure of the Board and, in any event, (except in the case of the President or Vice-President, General Manager, Office Manager and Chair of the Management Group) only so long as he shall be a Director. The Board may fill vacancies in the Executive Committee by election from among its number. If and whenever a vacancy shall exist in the Executive Committee, the remaining members may exercise all of its powers as long as its quorum remains in office. 9.2
Powers
During the intervals between the meeting of the Board, the Executive Committee shall possess and may exercise (subject to any regulations or restrictions which the Board may from time to time impose) all of the powers of the Board in connection with the management and direction of the affairs and business of the Corporation in such manner as the Executive Committee deems best for the interests of the Authority. 9.3
Procedures
Subject to the Articles of Incorporation and section 8.4, 8.5 and 8.6 of this By-Law and to any regulations imposed from time to time by the Board, the Executive Committee 76
may fix its own rules of procedure which rules are subject to the approval of the Board. Until the Executive Committee fixes its own rules of procedure, the meetings of the Executive Committee shall (except as otherwise provided for herein) be governed by the provisions of the By-Laws for regulating the meetings of the Board insofar as they are applicable thereto and not superseded by any rules of procedure fixed by the Executive Committee, provided that no such rules of procedure shall have the effect of lessening the minimum period of notice for the calling of meetings required by section 6.2 (e). The Executive Committee shall keep minutes of its meetings in which shall be recorded all action taken by it and such minutes shall be inserted in the minute book of the Corporation and circulated to all members of the Board. 9.4
Quorum
A majority of the members of the Executive Committee shall constitute a quorum for the transaction of business at meetings of the Executive Committee. No business may be transacted by the Executive Committee except at a meeting of its members at which a quorum of the Executive Committee is present. 9.5
Place of Business
The meetings of the Executive Committee may be held at the head office of the Corporation or at any other place within or outside Newfoundland and Labrador as specified in the notice calling a meeting. 9.6
Other Directors Present
Each Director shall be entitled to speak (but not to vote, unless he is a member of the Executive Committee) at any meeting of the Executive Committee at which he is present. However, only Directors who are members of the Executive Committee shall be entitled to notice of any meeting of the Executive Committee, and included for the purpose of calculating a quorum. ARTICLE 10 MEMBERS’ MEETINGS 10.1 Annual Meeting The annual meeting of the Members shall be held each year within Newfoundland and Labrador, at a time, place and date determined by the Board, for the purpose of: (f) presenting the report of the Directors, the financial statements and the report of the Corporation’s auditors; (g) appointing the Corporation’s auditors; and 77
(h) transacting any other business properly brought before the meeting. 10.2 Special Meeting The Board may at any time call a special meeting of Members for the transaction of any business, the nature of which is specified in the notice calling the meeting. A special meeting of Members shall be called by the Board on written requisition signed by at least on-half of the Members. 10.3 Notice of Meetings Notice of the time, place and date of meetings of Members and the general nature of the business to be transacted shall be given at least 14 days before the date of the meeting to each Member (and in the case of an annual meeting to the auditors of the Corporation) by prepaid mail to the most recent address of the addresses shown on the Corporation’s records. Where special business will be conducted at a Member’s meeting (being business other than that which is required by the act or section 9.1 hereof to be carried out at an annual Members’ meeting), the notice shall contain sufficient information to allow a Member to make a reasonable decision in respect of such special business. 10.4 Error or Omission in Notice No error or accidental omission in giving notice of any annual or special meeting or any adjourned meeting, whether annual or special, of the Members of the Corporation shall invalidate such meeting or make void any proceedings taken thereat and any Member may at any time waive notice of any such meeting and may ratify, approve and confirm any or all proceedings taken at such meeting. For the purpose of sending notice to any Member, Director or officer for any meeting or otherwise, the address of any Member, Director or officer shall be his most recent address recorded on the books of the Corporation. 10.5 Quorum A quorum for the transaction of business of any meeting of Members shall consist of a majority of the Members, present in person or represented by proxy. 10.6 Voting by Members Unless otherwise required by the provisions of the Act or this By-Law, all questions proposed for consideration at a meeting of Members shall be determined by a majority of the votes cast by Members entitled to vote at such meeting. In the case of an equality of votes, the President presiding at the meeting may have a second or casting vote. 78
10.7 Proxies Every Member entitled to vote at meetings of Members may, by means of a proxy, appoint a person, who must be a Member, as his nominee, to attend and act at the meeting in the manner, to the extent and with the power confirmed by the proxy. A proxy shall be in writing, shall be executed by the Member entitled to vote or by his attorney authorized in writing and shall only be valid in respect of the meeting for which the proxy is appointed, including any adjournment thereof. The proxy may be in such form as the Board may from time to time prescribe or such other form as the President of the meeting may accept as sufficient, and shall be deposited with the Office Manager of the meeting before any vote is called under its authority, or at such earlier time and in such manner as the Board may prescribe. Every notice of a Members’ meeting shall: (a) contain a statement to the effect that a Member may grant a proxy to another member; and (b) be accompanied by a form of proxy which may be used by a Member. 10.8 Show of Hands At all meetings of members every question shall be decided by a show of hands unless otherwise required by By-Law of the Corporation or unless a poll is required by the President or requested by any Member entitled to vote. Upon a show of hands, every Member entitled to vote, or proxy holder for a Member entitled to vote, present in person shall have one vote. Whenever a vote by a show of hands has been taken upon a question, unless a poll is requested, a declaration by the President that a resolution has been carried or lost by a particular majority and an entry to that effect in the minutes of the Corporation is conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against the motion. 10.9 President The President of the Board shall act as the Chairman at every Members’ meeting. In the absence of the President of the Board, the Members present at a meeting of Members shall choose another Director as Chairman. 10.10 Adjournments Any meeting of the Members may be adjourned at any time, and any business may be transacted at any adjournment meeting that might have been transacted at the original meeting from which the adjournment took place. No notice is required of any adjourned meeting. 10.11 Polls 79
If at any meeting a poll is requested on the election of a Chairman or on a question of any adjournment, it must be taken forthwith without adjournment. If a poll is requested on any other question, it shall be taken in the manner and either at once or later at the meeting or after adjournment as the Chairman directs. The result of a poll shall be deemed to be the resolution of the meeting at which the poll was requested. A request for a poll may be withdrawn at any time prior to taking the poll. 10.12 Resolution in Writing A resolution in writing signed by all of the Members entitled to vote on that resolution at a meeting of Members shall be as valid and effectual as if it had been passed at a duly called and constituted meeting of Members. ARTICLE 11 FISCAL YEAR 11.1 Fiscal year The fiscal year end of the Corporation shall be March 31 of each year or as determined by the Board from time to time. ARTICLE 12 EXECUTION OF DOCUMENTS 12.1 Execution of Documents Documents requiring execution by the Corporation shall be signed by the President or any two Directors or one Director and one officer. The corporate seal of the Corporation shall, when required, be affixed to documents executed in accordance with the foregoing. 12.2 Securities Any two Directors or one Director and one officer (or such other persons or persons as the Board may otherwise direct from time to time) may transfer any and all shares, bonds or other securities from time to time standing in the name of the Corporation in its individual or any other capacity or as trustee or otherwise and may accept in the name and on behalf of the Corporation transfers of shares, bonds or other securities from time to time transferred to the Corporation and may affix the corporate seal to any such transfers or acceptances of transfers, and may make, execute and deliver under the corporate seal any and all instruments in writing necessary or proper for such purposes, including the appointment of an attorney or attorneys to make or accept transfers of shares, bonds or other securities on the books of any corporation. 80
12.3 Power of Board Notwithstanding any provisions to the contrary in the Corporation’s by-laws, the Board may at any time by resolution direct the manner in which, and the person or persons by whom, any particular document, instrument, contract, cheque, negotiable instrument or obligation of the Corporation may or shall be executed. ARTICLE 13 BOOKS AND RECORDS, AUDIT AND ACCOUNTING 13.1 Books and Records The Board shall cause to be kept at the head office of the Corporation all necessary and proper books and records of the Corporation, including without limitation, those required by the Act. 13.2 Inspection The books and records of the Corporation shall be available for the inspection of any Director at any pre-arranged time during normal business hours. 13.3 Financial Statements The Board shall, at least once in every fiscal year, cause financial statements of the Corporation to be prepared and audited. The financial statements shall be prepared in accordance with generally accepted accounting principles. 13.4 Audit Committee The Board shall appoint an audit committee consisting of not less than two Directors, none of whom shall be officers of employees of the Corporation. 13.5 Auditors (a) At the first general meeting of the Members, the Members shall appoint an auditor or firm of auditors. No Director, officer or employee of the Corporation shall be entitled to be appointed as the Corporation’s auditor. (b) The Board shall fill any vacancy occurring in the office of auditor within a reasonable period of time following the occurrence of the vacancy. (c) The auditor shall receive notice of all Members’ meetings and shall be entitled to attend such meetings.
81
(d) The auditor shall audit the accounts of the Corporation in accordance with generally accepted auditing practices and shall report to the Members at the annual general meeting of Members. 13.6 Incorporation Expenditures The Corporation shall pay all reasonable expenses properly and necessarily incurred in connection with revising the incorporation activities of the Corporation including any fees and expenses of legal, accounting and other consultants retained in connection with the incorporation of the Corporation. ARTICLE 14 BANKING ARRANGEMENTS 14.1 Banking The Board shall designate the Office Manager and General Manager and other persons authorized to transact the banking business of the Corporation, or any part thereof, with a bank, trust company or other corporation carrying on a banking business that the Board has designated s the Corporation’s banker, which persons shall have the authority set out in the resolution including, unless otherwise restricted, the power to:
14.2
(a)
operate the Corporation’s account with the bankers;
(b)
make, sign, draw, accept, endorse, negotiate, lodge, deposit or transfer any of the Corporation’s cheques, promissory notes, drafts, acceptances, bills of exchange or orders for the payment of money;
(c)
issue receipts for and orders relating to any property of the Authority;
(d)
any agreement relating to any banking business and defining the rights and powers of the parties thereto; and
(e)
authorize any officer of the bank to do any act or thing on the Corporation’s behalf to facilitate the banking business.
Deposit of Securities
The securities of the Corporation shall be deposited for safe keeping with one or more bankers, trust companies or other financial institutions to be selected by the Board. Any and all securities so deposited may be withdrawn from time to time only upon the written order of the Corporation signed by such officer or officers, agent or agents of the Corporation, and in such manner, as shall from time to time be determined by resolution of the Board and such authority may be general or confined to specific instances. 82
ARTICLE 15 BORROWING BY THE CORPORATION 15.1 Borrowing The Board of the Corporation may from time to time authorize the Office Manager and General Manager to: (a)
borrow money on the credit of the Corporation; and
(b)
limit or increase the amount to be borrowed.
15.2 Authorization From time to time the Board may authorize any Director or officer of the Corporation to make arrangements with respect to the money borrowed or to be borrowed on behalf of the Corporation, and as to the terms and conditions of a loan thereof, and as to the security to be given therefore, with power to vary or modify such arrangements, terms and conditions and to give such additional security for any monies borrowed or remaining due by the Corporation as the Board may authorize, and generally to manage, transact and settle the borrowing of money by the Corporation. 15.3 Deeming Provision The powers hereby conferred shall be deemed to be in supplement of and not in substitution for any powers to borrow money for the purposes of the Corporation possessed by its Directors or officers independently of a borrowing by-law, including by virtue of the Act or the Articles of Incorporation.
83
ARTICLE 16 NOTICE 16.1 Computation of Time In computing the date when notice must be given under any provision of this By-Law requiring a specified number of days’ notice of any meeting or other event, the date of giving the notice is, unless otherwise provided, included. 16.2 Omission and Errors The accidental omission to give notice of any meeting of the Board or the Members or the non-receipt of any notice by any Director or Member or by the auditor of the Corporation or any error in any notice not affecting its substance does not invalidate any resolution passed or any proceedings taken at such meeting. Any Director, Member or the auditor of the Corporation may at any time waive notice of any meeting and may ratify and approve any or all proceedings taken thereat. ARTICLE 17 BY-LAWS AND AMENDMENTS 17.1 Enactment/Repeal Amendment By-Laws of the Corporation may be enacted, repealed, amended, altered, added to or re-enacted by a resolution of the Board confirmed by resolution of the Members and shall only become effective upon such confirmation by the Members. ARTICLE 18 MISCELLANEOUS MATTERS 18.1 Annual Report The Directors shall produce an annual written report containing, among other things: (a)
the Corporation’s financial statements and annual auditor’s report for the Corporation’s previous fiscal year;
(b)
a summary of the Corporation’s affairs during the Corporation’s previous fiscal year;
(c)
a report on the performance of the Corporation relating to the Corporation’s business plan and objectives for the Corporation’s previous fiscal year, with an explanation of any significant variances between such performances and the Corporation’s business plan and objectives any corrective action taken by the Corporation to address such variances; 84
(d)
a summary of the Corporation’s business plan for the Corporation’s forthcoming fiscal year including specific objectives (measurable where feasible), relating to the objectives of the Corporation in the Articles of Incorporation;
(e)
a report of the Corporation’s compliance and non-compliance, if any, with the Guidelines contained in section 6.12;
(f)
the remuneration of each Director and the salary range of the Corporation’s senior officers;
(g)
a list of contracts the Corporation has entered into during the past year (including the name of the contractor, the financial particulars and circumstances of each such contract, the reasons such contract was granted without public tender process and any other information the Corporation believes may be relevant to the public) which were for goods, services or consideration in excess of $50,000 that were not awarded pursuant to the public tender process described in section 18.2. Notwithstanding the foregoing, the annual written report shall respect the need for confidentiality of commercially competitive information.
The annual written report for the previous financial year shall be sent to each Nominator within 155 days of the end of each fiscal year and shall be available to the public in accordance with section 18.4. 18.2 Public Tender (a)
Goods, services and contracts in excess of an aggregate of $50,000 shall be awarded following a competitive public tendering process except when otherwise determined by the Board having regard to what may be efficient and practicable.
(b)
During the tendering of goods, services or contracts, the Corporation shall, to the extent practicable and with due consideration to Canada’s international obligations, endeavour to optimize Canadian content and benefits particularly in the area of information services, consistent with reasonable private sector commercial practices, when there is sufficient competition for such procurement in the Canadian market.
18.3 Public Access to Documents Upon request by any person, the Corporation shall make available, subject to the need for confidentiality of commercially competitive information, within a reasonable period 85
of time after such request, for examination at its head office during business hours and free of charge the following documents: (a)
the Corporation’s current strategic plan;
(b)
a summary of the Corporation’s current business plan
(c)
the most recent and previous annual financial statements of the Corporation and of each of its subsidiaries and of each Corporation whose accounts are consolidated in the Corporation’s financial statements, all with the accompanying auditor’s reports;
(d)
the Corporation’s annual report referred to in section 18.1 which shall include a general summary of the Corporation’s affairs during the previous fiscal year;
(e)
summaries of the Corporation’s most recent business plan; and
(f)
the Corporation’s Articles of Incorporation and by-laws, including any amendments and supplements thereto.
The Corporation shall provide to any person, upon payment of a reasonable fee by such person, a copy of any document or portion of any document referred to above. 18.4 Performance Review At least once in every five year period commencing on April 1, 2007, and on such occasions as a majority of the Board or a majority of the Nominators may direct, the Corporation shall conduct a review of the Corporation’s management, operations and financial performance. A written report shall be prepared containing its findings and shall submit such report to the Board within three months after the review is commenced. The report shall include, but is not limited to: (a)
the terms of reference of the performance review;
(b)
the extent to which the Corporation has been operating a efficient service in accordance with the business plans and purposes listed in the Articles of Association;
(c)
the extent to which financial and management control, information systems and management practices have been maintained in a manner that provides reasonable assurance that (i) the assets of the Corporation have been safeguarded and controlled, (ii) the financial, human and physical resources of the Corporation have been managed economically 86
and efficiently and (iii) the Corporation’s operations have been carried out effectively; and (d)
any further information that is reasonably required by any Nominator or a majority of the Board.
The final results of the performance review report excluding commercially confidential material or personnel information of a private nature, shall be available to the public upon request. If the report contains a finding that the Board or management of the Corporation: (a)
have acted improperly;
(b)
have not generally conducted the affairs of the Corporation in accordance with the Articles of Association and By-Laws; or
(c)
are not conducting the affairs of the Corporation in a manner that will likely achieve the objectives of the Corporation;
then, in such case, the Board on its own initiative or on request of any Nominator, shall convene a meeting of the Board, the Nominators and discuss the performance review report to determine the course of action to be taken to resolve the problems disclosed by the report. The performance review report and a summary of the report, excluding commercially confidential material or personnel information of a private nature, must be provided to each Nominator within three months after the review is commenced. If issues arise in the course of the review which prevent it being concluded on time, an interim report and a summary thereof shall be submitted by the General Manager by the due date and a final report shall be submitted not later than 6 months after the commencement of the review. Certified to be a true copy of the General Operating By-Laws of the Model Forest Communities of Newfoundland and Labrador Incorporated as enacted on the day of 2007. Witness the corporate seal of the Corporation ______________________________________ General Manager
87
Model Forest Communities of Newfoundland and Labrador (MFC) Process Ground Rules These ground rules have been adopted for the purpose of clarifying and expanding the expectations and relationships, roles and responsibilities, policies and processes and assisting in guiding the interaction among the participants in the Model Forest Communities of Newfoundland and Labrador (MFC) Process (“MFCP” or process). The MFC is incorporated under the direction of a Board of Directors (Board) which is responsible for the management and financial administration of the Phase III proposal and Annual Work Plan. The Management Group is responsible for providing guidance to staff, recommending the FMC program to the Board. The Management Group consists of representatives of the Board, and other entities that are prepared to regularly meet and accept the MFC. Participation in the MFCP signals an understanding and acceptance of the ground rules. These ground rules are intended to make explicit the common expectations with which the participants enter the MFP. They describe the purpose of the process, the basis of participation in it, the responsibilities of the participants to one another and to those they represent, and the spirit in which they will seek consensus. 1.
Definitions and Terminology: “Activities" means a specific program, activity, task, project or work, or a set of related programs, activities, tasks or projects as described in the Annual Work Plan; “Annual Report" means the report of the Model Forest prepared within 155 days of the end of each fiscal year, detailing objectives, performance against these objectives, previous year’s Activities undertaken, and use of funds for the previous Fiscal Year; "Annual Work Plan" means the plan of Activities of the MFC to be undertaken and resources to be committed, including both Canada's and the MFC contributions in any particular Fiscal Year; “Contribution Agreement” or “Agreement” means the legal agreement between the Canadian Forest Service and the Model Forest Communities of Newfoundland and Labrador Incorporated; “Management Group” or Management Group Partner means any member of the public, including individuals, corporations, governments, agencies, and associations that have or may hereafter have an interest in and is prepared to support the objectives and ground rules of the MFC. Management Group 88
members (or their alternates) must be prepared to meet regularly, help develop an Annual Work Plan, and make recommendations to the Board of Directors and General Manager; “Network Committee” means a committee established by the Canadian Minister of Natural Resources Canada to facilitate the exchange of information and collaboration among model forest sites and between model forests and other agencies. The Chairperson of the Board of Directors (or the alternate) and the General Manager normally represents the MFC at network meetings; “Observer” means anyone who is accompanied by a Management Group Partner or with the concurrence of the Management Group is invited to attend a Management Group meeting and take part in the discussion but cannot be involved in a consensus decision; “Third Party Project” means any activity, task, project or work, or set or related programs, activities, tasks or projects not described in the Annual Work Plan but approved by the Board of Directors and Management Group; 10. Purpose The vision of the MFC program is: Resource based rural communities are equipped and empowered to be innovative in meeting opportunities and challenges of a healthy and changing forest sector. The goals of the MFC program are: 1. Build strong forest-based communities that will effectively meet transitional challenges and produce healthy local economies. Facilitate governance options to build community ownership and accountabilities in the forest sector; 2. Create awareness in science-based solutions so that decisions are based on factual information and are accountable and realistic; 3. Establish the capacity to explore new opportunities in the forest sector that directly benefit the communities targeted. Actively engage partnerships that implement activities and encourage a transfer of successful methodologies to the overall forest sector; 4. Deliver internationally significant success stories and experiences to benefit the MFC-NL partners and its selected international model forest sites; and 5. Implement and refine the legacy outputs of 3 phases of the model forest program that are relevant to the MFC-NL partners’ ability to practice SFM. 3
Stakeholders or Interests to be represented 89
The MCP will be comprised of the following entities: Abitibi-Consolidated Company of Canada Inc.; Canadian Institute of Forestry, NL Section; City of Corner Brook; College of the North Atlantic; Corner Brook Pulp and Paper Ltd.; Department of Environment and Conservation, Parks and Natural Area Division; Department of Environment and Conservation, Lands Division; Department of Environment and Conservation, Wildlife Division; Department of Environment and Conservation, Water Resources; Department of Fisheries and Oceans; Department of Innovation, Trade and Rural Development; Department of Natural Resources, Canadian Forest Service; Department of Natural Resources, Forestry Services Branch; Great Humber Joint Council; Gros Morne National Park; Hospitality Newfoundland and Labrador; Humber Arm Environmental Association; Humber Economic Development Board; Humber Natural History Society; Independent Chair; Memorial University, Sir Wilfred Grenfell College; Newfoundland and Labrador Training Association; Protected Areas Association; Town of Pasadena; Western School District; White Bay South Communities, Hampden, Jackson’s Arm, Pollards Point, Sop’s Arm; and White Bay South Development Association. 4. Structure of the Process and Representation (a)
One member of each respective stakeholder represented on the Management Group shall be considered the “consensus” member. Each respective stakeholder shall appoint an alternative to the “consensus” member for that agency or organization. It is the responsibility of the “consensus” member to keep informed his/her alternate. The General Manager will work in cooperation with the “consensus” member to help ensure the flow of information to the alternate and the “consensus” member’s organization. 90
Additional representatives from each respective stakeholder may be present at the meetings from time to time as deemed appropriate. (b)
The Management Group considers providing an opportunity for the meaningful involvement in the decision-making process of particular interests and groups and the public-at-large essential to the fulfilment of its mandate.
(c)
The manner in which meaningful involvement is to be accomplished, depending on the nature of the issues being addressed and the constituency with an interest in it, may involve a range of forums, mechanisms, processes and the need to engage professional assistance, including such things as: i. Communication through the media to inform broadly of the purpose and objectives of the MFC its workings and activities and topical SFM issues; and ii. Workshops, informal sessions and meetings to enable the Management Group to inform, and to become informed as to the concerns and interests of particular groups and special interests and the public-at-large, as well as identifying the nature of such subsequent involvement as may be appropriate given the nature of the interests expressed.
(d)
The Management Group to address certain tasks and assist in accomplishing its purpose and objectives will establish Standing Committees. In addition the Management Group and Committees may establish Working Groups.
(e)
A conflict of interest policy (reference Appendix B) shall be used to guide Management Group Partners and Standing Committee members in making decisions;
(f)
A summary statement suitable for discussion with the media and general public may be agreed upon and prepared at the conclusion of each Management Group meeting as a formal statement of describing the progress of the Management Group. When discussing, the Management Group Partners will respond within the spirit of this joint summary;
(g)
Management Group Partners will not characterize the positions or suggestions of other Management Group Partners in their discussions with the public or the media;
(h)
It is understood that the Management Group Partners will discuss 91
positions and proposals made by other Management Group Partners with their principals and constituents. They will advise those constituents and principals of the ground rules and make a good faith effort to receive their compliance. However, it is also understood that it is impossible to ensure the adherence of all possible constituents to this provision. (5)
Scheduling and Agenda (a)
A minimum of quarterly meetings will be held by the Management Group in any fiscal year. On average Management Group Partners can expect six (6) or more meetings per year;
(b)
Any Partner may request a meeting of the Management Group. The agenda will include only that issue for which the meeting was convened. The Partner requesting a meeting shall advise the general manager who will advise the Management Group members of request for the meeting and the reasons why the meeting is being held;
(c)
A minimum of ten (10) business days notice shall be given for any meeting of the Management Group;
(d)
Items for an agenda must be submitted and an agenda circulated, a minimum of five (5) business days prior to a meeting;
(e)
Any materials to be referred to at a meeting shall be distributed a minimum of five (5) business days prior to that meeting;
(f)
Summary notes of the meetings, outlining the general discussions, decisions and time-frames attached to those decisions, are the responsibility of the General Manager and shall be kept for all meetings of the Management Group. Summary notes of a meeting shall be distributed by email within ten (10) business days after the meeting;
(g)
A time limit for agenda items shall be established prior to the commencement of a meeting.
(6) Timetables (a)
All activities carried out or sanctioned by the Management Group have a time-frame attached to it;
(b)
An Annual Work Plan outlining the activities to be carried out for the following fiscal year will be submitted to Board of Directors and the Canadian Forest Service no later than March 1 of any fiscal year; 92
shall
(c)
An Annual Report, outlining the previous fiscal year achievements and expenditures, will be submitted to the Board of Directors and the Canadian Forest Service within 155 days of the end of each fiscal year; and
(d)
The Management Group shall review the By-Laws and Ground Rules at least once a year.
(7) Principles of Consensus Building (a)
The purpose of consensus building is to reach agreement;
(b)
The Management Group Partners agree to act in "good faith" in all aspects of the process;
(c)
The Management Group Partners accept the concerns and goals of others as legitimate;
(d)
It is important that a Management Group Partners raises with the Management Group any matter which they perceive to be in violation of these ground rules or of "good faith" consensus building;
(e)
The Management Group Partners involved in MFC activities shall be made aware of and abide by these ground rules;
(f)
The focus will be on interests and concerns rather than on demands and positions;
(g)
The Management Group Partners commit to fully explore issues, searching for solutions in a problem solving and consensus building atmosphere;
(h)
The Management Group Partners will refrain from personal attacks and characterizations;
(i)
Information provided, statements, positions and offers made during the MFCP should be understood as being made only for purposes of the MFCP and not as findings for any other purpose including litigation and administrative procedures or other activity or to attempt to bind any other participant or person in any such forum;
(j)
The Management Group Partners will not agree to any provision or action for which they are unwilling to seek the concurrence of those they represent;
(k)
The interest of all organizations represented by a Management Group Partners will be identified. Consensus building will support achievement 93
of all identified interests. (8) Defining Agreement and Dealing with Disagreement: (a)
Agreement is reached when a consensus exists;
(b)
In order to facilitate the broadest possible consideration of options and solutions, all suggestions and offers will be regarded as tentative until full agreement is reached. Understandings reached during discussions are interim pending agreement on a total package, unless otherwise agreed;
(c)
If one or a few Management Group Members disagree with a proposed decision, then that Management Group Member is responsible for demonstrating clearly that the item at issue is a matter of such principle that he or she cannot accept the decision. Or, the Management Group Member must clearly show why and how he or she would be specifically and differentially impacted by the proposed decision;
(d)
If the dissenting Management Group Member can demonstrate either condition, then it becomes incumbent upon the rest of the Management Group Members to make an explicit effort to address those concerns;
(e)
In the event that an impasse develops, an appropriate conflict resolution process will be agreed upon and adhered to by the Management Group Members. Some possible steps in the process may include, but are not limited to, the following measures:
(f)
i.
Involvement by the Board of Directors in the discussions to assist in the further exploration of the issues(s);
ii.
Involvement in the mediation assistance, including the possibility of engaging a professional mediator to assist the Management Group in reaching a resolution of the issue(s) dividing them; and/or
iii.
Involvement of a technical panel to recommend as to possible candidates for a mutually acceptable expert(s) to assist in resolving difficult technical issues.
In the event that a Mediator may, at any stage, be appointed to assist in the process or any part of it, the participants recognize the special nature of the Mediator's role and undertake not to seek or compel the testimony of the Mediator in respect of anything said or done by him in the course of the MFCP on the production of their personal notes or work papers in connection with any administrative or legal process except as may be 94
jointly agreed upon by the participants and the Mediator. (9) Technical and Substantive Information: (a)
At an early stage in the consensus building process, the Management Group will develop a common information base, identifying areas where available information needs to be shared and/or verified, additional interpretation as required or additional information as required;
(b)
In the event of dissension with the experimental design of a proposal, the proposal in question will be submitted to the Scientific Advisory Committee for a review;
(c)
Requests for information will be coordinated through the Management Group and/or the General Manager.
95
Appendix C: Funding Commitments 1. 2. 3. 4. 5.
Forest Services Branch Agreements #1-4 Wildlife Division Agreements #5-12 City of Corner Brook Agreement #13 Atlantic Canada Opportunities Agency Agreement Innovation Trade and Rural Development Agreement (pending)
Forest Services Branch Funding Agreement # 1 AGREEMENT FOR SERVICES THIS CONTRACT, effective this Newfoundland.
BETWEEN:
day of
2007 is signed at Corner Brook,
Western Newfoundland Model Forest Inc., a body corporate under the laws of the province of Newfoundland. (the “Primary Contractor”)
AND:
Department of Natural Resources, as represented by the Honourable the Minister of Natural Resources. (the “Client”)
Whereas: 1. The Client wishes to engage the services of the Primary Contractor to pilot a third party verification (certification) process for Crown land/operators. 2. The Primary Contractor has agreed to provide the Client with the services described in Schedule “A” hereof upon certain terms and conditions; and 3. The parties wish to embody the terms and conditions of their agreement in a written contract. This Contract Witnesses that in consideration of the premises and the mutual covenants expressed herein, the parties agree as follows:
96
The Work: 1.1
In this Contract “Work” means all services which may be necessary to satisfy the requirements of this Contract in relation to the required Work as set out in Schedule “A” hereof, and includes nothing less than those services, roles and functions described in Schedule “A” attached hereto.
Performance of Primary Contractor’s Obligations 2.1
The Primary Contractor represents and warrants that it possesses the necessary skills, expertise and experience to perform the work required in accordance with the terms of this Contract and the Primary Contractor understands the Client’s requirements under this Contract and will use its best efforts to satisfy those requirements.
2.2
The Primary Contractor agrees to devote the time, attention, abilities, personnel, and expertise which may be necessary in order to properly perform the Work in accordance with the provisions of this Contract under the general direction and control of the client.
2.3
The Primary Contractor agrees to comply with all directions and reasonable requests of the Client.
2.4
The Primary Contractor shall insure that the Work commences not later than June 30, 2007, and is completed on or before March 31, 2007.
2.5
No change, or addition to, or deletion from the Work shall be undertaken by the Primary Contractor unless such change, addition or deletion has first been agreed to by the Client in writing delivered to the Primary Contractor.
Payment 3.1
For the satisfactory performance of the Work, the Client shall pay to the Primary Contractor the sum of twenty-five thousand dollars ($25,000.00), plus all applicable taxes in the manner specified in this Contract in the following amounts: • •
$12,500.00 plus any applicable taxes upon the execution of the Contract; $12,500.00 upon completion of the 2007 Program as described in Schedule “A”, attached hereto, and approved by the Minister’s Representative.
3.2
The payments described above shall cover all costs, fees and expenses, excluding applicable taxes, associated with the Work, and no additional consideration shall be payable to the Primary Contractor for any work done under or pursuant to this Contract.
3.3
The amount paid to the Primary Contractor for performance of the Work shall not in any event exceed the sum set out in subparagraph 3.1 above. The Primary Contractor shall 97
3.4
remain obligated to ensure the completion of the Work notwithstanding that the time and costs to perform this Work may exceed the sum set out in subparagraph 3.1 above. The Client is not responsible for any agreements with or commitments made or entered into by the Primary Contractor with other individuals, corporations, or parties, other than the Primary Contractor and under no circumstances shall the Client be obliged to pay for the errors or omissions of the Primary Contractor or of any person retained by the Primary Contractor to assist in the provision of the Work, or for any fees, costs or expenses of any kind incurred or sought to be recovered by any party who or which has performed work for or provided goods or services to the Primary Contractor for Work which in any way relates to Work as it is defined in this Contract.
3.5
The Primary Contractor shall submit invoices to the Client for fees and expenses incurred as per subparagraph 3.1 above and in accordance with work items identified in Schedule “A”, attached hereto. Each invoice shall be in such form and shall be supported by such other invoices and documents as the client may require. The Client reserves the right to withhold a portion of the final installment payable under paragraph 3.1 above to a maximum of $2,500.00 (10%) until completion of the Work to the satisfaction of the Client.
3.6
The Primary Contractor shall ensure that it keeps and maintains for a period of five years accurate and complete financial and other records of the performance of the Work, and when required by Client to do so, the Primary Contractor shall make such records available for inspection and audit by the Client or by any person or firm authorized on the Client’s behalf.
Independent Contractor: 4.1
The Primary Contractor is an Independent Contractor and this Contract does not represent the appointment or employment of any person as an officer, clerk, or employee of the Client.
4.2
The Primary Contractor is responsible for any deduction or remittances which may be required by law.
4.3
The Primary Contractor shall not incur any expenses or debts on behalf of, nor make any commitments for the Client without first obtaining written permission to do so from the client.
Termination 5.1.1
The Client may at any time without cause, upon fifteen (15) days written notice, or in the event of any default by the Primary Contractor under this Contract, upon written notice of one (1) day to the Primary Contractor, terminate this Contract and the Primary Contractor shall thereupon be entitled to payment in accordance with the Contract in respect of that part of the Work which has been completed to the satisfaction of the Client up to the date of termination. The Primary Contractor shall not be entitled any other payment in respect 98
of such termination, including any payment for any consequential loss or damage or loss of profit. Intellectual Property and Ownership of Materials 6.1
All Work performed under this Contract, including all data, designs, logos, music, lyrics, copy, photograph, film, ads, brochures, recordings, story boards, mock-ups, plans, tangible and intangible property, drawings, specifications, research, reports, notes, estimates, summaries, calculations, surveys, papers, computer printouts, computer models, software, whether compiled or uncompiled, completed work, work in progress and such other information and materials or parts thereof that are compiled, drawn or produced by the Primary Contractor or by such subcontractors, agents or employees as my be engaged by the Primary Contractor pursuant to paragraph 11 in the performance of the Work defined in this Contract and all copyrights and associated moral rights thereto, and all patents, trademarks and industrial designs or other intellectual property arising therefrom or associated therewith shall be transferred, conveyed, given, assigned or waived to or in favour of the Client at no cost to the Client and shall become the property of the Client and be delivered to the Client upon completion of the performance of this Contract or upon earlier termination of this Contract.
6.2
The Primary Contractor may retain and use for its own internal purposes, copies of the Work and related data but shall not directly or indirectly divulge, release or publish the same or any part thereof without the prior written consent of the Client.
Entire Agreement 7.1
This Contract constitutes the entire Agreement between the Client and the Primary Contractor and it supersedes all previous Agreements, arrangements, communications, or understandings, whether written or oral, relating to the Work unless specifically incorporated in the Contract.
7.2
There are no undertakings, representations or promises either expressed or implied, other than those contained in this Contract and its attached Schedule.
Confidentiality 8.1
The Primary Contractor shall not at any time during the term of this Contract or subsequent thereto either directly or indirectly communicate or divulge to any person except those persons employed by the Government of Newfoundland and Labrador whose role it is to know the same, any secret or confidential information, knowledge or data relating to the operation of the Government of Newfoundland and Labrador (whether or not such is retained, acquired or developed by the Primary Contractor) or filed with the Government pursuant to any Statute, unless the client has first given written consent to such disclosure or use. 99
Indemnity 9.1
The Client shall not be held liable for any death or injury to persons or loss of, or damage to property, arising out of the acts or omissions of the Primary Contractor, its servants or agents in performance of their obligations under this Contract.
9.2
The Primary Contractor shall indemnify and save harmless the Client from all liability occurring from any and all claims, demands, losses, costs, debts, damages, expenses, actions, suits, or other proceedings arising in relation to the Work or this Contract, including claims for violations of copyright or other intellectual property rights.
9.3
The parties hereto acknowledge that the Client is bound by the requirements of applicable legislation. The liability of the Primary Contractor to indemnify or reimburse the Client shall not limit or prejudice the Client from relying upon the provisions of any applicable legislation.
Applicable Law 10.1
This Contract shall be governed by and interpreted and enforced in accordance with the laws of the Province of Newfoundland, and all proceedings arising out of this Contract shall be determined in a court of competent jurisdiction in the Province of Newfoundland.
Binding Effect of Contract, Assignment and Subcontracting 11.1
This Contract shall be binding upon and shall inure to the benefit of the Client and the Primary Contractor, its respected successors and assigns;
11.2
The Primary Contractor shall not assign this Contract or sub-contract the whole or any part of this Contract without the prior written approval of this Client. Any attempt to assign or sub-contract the Work under this Contract without the Client’s prior written consent is and shall be void;
11.3
If the Primary Contractor is permitted by the Client to engage others to assist with the execution of the Work under this Contract, the Primary Contractor shall ensure that all such persons act according to the terms of this Contract and in particular that they act in accordance with paragraphs 6, 8, 9 and 14).
Waivers 12.1
The failure of the client to insist upon or enforce in any instance the strict performance by the Primary Contractor of any of the terms of this Contract or to exercise any of the Client’s rights conferred by this Contract shall not be construed as a waiver or relinquishment to any extent of the Client’s rights to assert or rely upon any such terms or rights on any future occasion. 100
Void Provisions 13.1
If any provision of this Contract or the application thereof to any circumstances shall be held to be invalid or enforceable, then the remaining provisions or the application thereof to other circumstances shall not be affected and shall remain in effect.
Survival of Obligations 14.1
The obligations of the Primary Contractor under paragraphs 6, 8, 9 and 11 set forth in this Contract shall survive the termination of the Contract for any cause or the expiration of the Contract, and shall remain in full force and be binding upon the Primary Contractor and its successors and assigns until discharged to the satisfaction of the Client.
Mediation and Arbitration 15.1
If any dispute arises out of or in relation to this Contract, or the breach, termination, validity or subject matter hereof, the parties hereto shall endeavour, in good faith, to settle the dispute by mediation before having recourse to arbitration or litigation.
15.2
In the event that any dispute in relation to this Contract or the breach, termination, or validity or subject matter hereof should arise, and the parties efforts to mediate such dispute shall, after a reasonable period of time, be unsuccessful in resolving the dispute, then the matter shall be submitted to arbitration pursuant to the provisions of the Arbitration Act for the Province of Newfoundland.
Amendment 16.1
No amendment to or modification of the terms of this Contract shall be valid unless it is made in writing and signed by both parties to this Contract.
101
Number and Gender Terms 17.1.1 Where appropriate the singular or plural shall include all numbers and the masculine, feminine and neuter genders shall include all genders, as the context may require.
Notices 18.1.1 Any notice or other communication required under this Contract shall be made in writing and it shall be hand delivered, sent by Registered Mail, telex, telegram, or facsimile to:
Primary Contractor:
Mr. James Taylor Western Newfoundland Model Forest Inc., P.O. Box 68, Forestry Center Corner Brook, NL A2H 6J8 Phone: 709-637-7300/Fax: 709-634-0255 Email: jimtaylor@wnmf.com
Client:
Mr. Basil English Department of Natural Resources Fortis Building, 4 Herald Avenue, P.O. Box 2006 Corner Brook, NL A2H 6J8 Phone: 709-637-2343/Fax: 709-634-4378 Email: benglish@gov.nl.ca
18.2
A notice sent by Registered Mail shall be deemed to have been received on the third business day following the mailing date; and
18.3
A notice sent by telex, telegram, or facsimile, shall be deemed to have been received on the next business day following the transmission of the notice.
This Contract has been executed by or on behalf of the Honourable Minister of Natural Resources on behalf of the Government of Newfoundland and Labrador, and behalf of the Primary Contractor, by its duly authorized representative as of the date first above written.
102
SIGNED IN THE PRESENCE OF:
__________________________________ Manager, Western NL Model Forest
___________________________________ Minister of Natural Resources
Witness for Western Newfoundland Model Forest
___________________________________ Witness for Department of Natural Resources
103
SCHEDULE “A�
The description and objectives of the service that the Primary Contractor covenants to undertake the implementation of the following work in furtherance of this Agreement and shall be as follows: (i)
Develop a code of best forest management practices in cooperation with the Client, and using this code of practices, develop an outline for a training manual as a vehicle to prepare for certification;
(ii)
In cooperation with an interested 3rd party certification organization and one or more interested commercial harvesting contractors initiate a pilot trial which would include; a.
Develop a work plan and budget for a pilot certification program, and
b. (iii)
Site visits and pre-qualification,
Provide the Client a report which details and analyzes the trial, indicating recommendations.
(iv)
Upon the approval of the Client, communicate to harvesting contractors across the province, the results of this pilot. SCHEDULE 1
Financial support will be provided in three equal payments of $8,333.33 upon receipt of an invoice. The first payment made on July 1, 2007, the second on September 1, 2007; and the third on December 1, 2007.
104
Forest Services Branch Funding Agreement # 2 AGREEMENT BETWEEN THE DEPARTMENT OF NATURAL RESOURCES AND THE WESTERN NEWFOUNDLAND MODEL FOREST INCORPORATED HEREINAFTER CALLED WNMF
WHEREAS the Department of Natural Resources is committed to report to the people of Newfoundland and Labrador on achieving sustainable forest management through criteria and indicators defined in the Provincial Sustainable Forest Management Strategy, 2003.
AND WHEREAS the WNMF has had ten years of experience in developing and working with the Canadian Council of Forestry Ministers criteria and indicators program.
AND WHEREAS the purpose of this Agreement is to set forth the various rights and responsibilities of the parties hereto;
NOW THIS AGREEMENT WITNESSETH that the description and objectives of the program/service or project that the WNMF covenants to undertake the implementation of the following work in furtherance of this Agreement and shall be as follows:
(i)
Work in cooperation with the Departments staff to put together a report on the province’s success in achieving sustainable forest management. The report will use as a guide the Provincial Sustainable Forest Management Strategy, 2003.
(ii)
Develop a format for reporting on these indicators that first must be approved by the Department. (iii)
Carry out a gap analysis and where indicators have not been measured and
documented provide the Department with a framework for reporting on these indicators. 105
(iv)
The final report will be in the form of both a paper and electronic copy.
The funding details are included in Schedule 1.
FURTHER, the Department of Natural Resources agrees to provide to the WNMF a sum of $61,000 (sixty-one thousand dollars) to cover the costs associated with providing the service outlined above. In return for the provision of the sum of money referred to above, WNMF agrees to abide by the following terms and conditions:
LIABILITIES
1.
WNMF recognizes and accepts that the funding provided by the Department of Natural
Resources under this agreement is non core in nature. This includes the funding of permanent staff, ongoing leasing of equipment, rental costs, and any other commitments that would create a financial dependency upon the Department at the conclusion of this Agreement.
2.
The hiring, management, supervisor and control of any workers employed under this
Agreement shall be the sole and exclusive responsibility of WNMF. Nothing in this Agreement shall be construed to appoint the WNMF or any worker of WNMF as a servant or agent of the Government of Newfoundland and Labrador. All payments required by law to be made by an employer on behalf of or paid directly to the employee including income tax, unemployment insurance, Canada pension, holiday pay and any liability arising from this employment shall be the sole and absolute responsibility of WNMF.
3.
WNMF shall obtain prior to the commencement of the program/service or project (or so
soon thereafter as is practical), all permits, licenses, consents and other authorizations that are deemed necessary to permit the implementation of the program/service or project shall be executed in compliance with all laws, by-laws and regulations as may be required.
ACCOUNTS AND RECORDS
4.
The WNMF shall provide to the Department of Natural Resources by June 30, 2007 an 106
audited statement of account regarding the expenditure of funds provided, with a complete breakdown of all costs involved in the program/service or project. WNMF shall keep proper accounts and records, including invoices, receipts, vouchers, bank statements and cheques of all financial transactions relating to this agreement and their records shall be open at all times to inspection and audit by the Province of Newfoundland and Labrador or its authorized representatives.
5.
As well, the WNMF shall provide a descriptive report on the work carried out on the
program/service or project to the Department of Natural Resources through the WNMF 2006/2007 Annual Report.
6.
If the WNMF fails to comply with any covenant or undertaking contained herein or
where the Department of Natural Resources is not satisfied with the progress of the program/service or project, the Department may withhold payment of any amount of its grant of money to WNMF.
AMENDMENTS
7.
This Agreement shall not be amended except mutual agreement and in writing between
the parties.
107
TERMINATION
8.
If, at any time, the Department of Natural Resources is of the opinion that the WNMF has
failed to conduct the program/service or project in an unacceptable manner or has failed to comply with the covenant or undertaking herein, the Department may terminate the agreement within three weeks
by giving written notice thereof to the WNMF.
Written notice of
termination shall relieve the Department of Natural Resources from further financial responsibility associated with the project, effective immediately.
General 9.
No member of the House of Commons or Provincial Legislative, no federal or provincial
government employee shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.
_______________________________
____________________________________
General Manager
Minister
Western Newfoundland Model Forest
Department of Natural Resources
_______________________
__________________________
Date
Date
________________________
___________________________
Witness
Witness
_________________________
___________________________
Date
Date 108
SCHEDULE 1 1. The Department of Natural Resources will provide financial support to Western Newfoundland Model Forest for the period September 1, 2006- August 31, 2007 as noted below.
1. This financial support will be provided in three equal payments upon receipt of an invoice with the first payment made on September 30, 2006, the second on November 30, 2006 and the final payment on March 30, 2007.
109
Forest Services Branch Funding Agreement # 3 Pending as of Sept 17, 2007 SCHEDULE “A�
The description and objectives of the service that the Primary Contractor covenants to undertake the implementation of the following work in furtherance of this Agreement and shall be as follows: Activity
1. Complete a tool kits that can be used on forestry field/district
Department
WNMF
Contribution
Contribution
8,100.00
1,000.00
Total
13,100.00
(4,000)
tours or in the classroom; give 2 in-service sessions to district staff. 2. Print calendars that depict winning posters
6,000.00
0
6,000.00
3. Develop a video script for an informational DVD for display and
3,500.00
(3,000)
6,500.00
4. Establish, facilitate and support a communications working group
3,500.00
(5,000)
8,500.00
5. Four Forest-based public workshops; Northern Peninsula, WBS,
6,000.00
2,000.00
8,000.00
4,600.00
1,000.00
6,600.00
distribution by department staff
Greater Humber Valley and Labrador 6. Six facts sheets/pamphlets highlighting key forest management issues as identified by Bath survey
(1000)
7. Research and develop 8 articles related to forestry careers
1,600.00
(300)
1,900.00
8. Develop 7 brochures that will interpret the indicators associated
6,000.00
(1,000)
7,000.00
(1000)
4,000.00
5,000.00
39,300.00
8,000.00
47,300.00
(1,000)
(14,300)
(15,300)
with SFM in Newfoundland and Labrador. Develop (format) information into a print read brochure 9. Corner Brook Stream Trail: WNMF will provide an interpreted walk along the Corner Brook Stream trail by a professional forester. An in-kind request of 500 trees is requested Total
Grand Total
110
62,600.00
Forest Services Branch Funding Agreement # 4 AGREEMENT BETWEEN THE DEPARTMENT OF NATURAL RESOURCES AND THE WESTERN NEWFOUNDLAND MODEL FOREST INCORPORATED HEREINAFTER CALLED WNMF
WHEREAS the Department of Natural Resources enters into a Process Agreement with the Innu Nation to advance sustainable forest management in District 19.
AND WHEREAS the Department of Natural Resources in cooperation with the Innu Nation has agreed that the WNMF facilitate and implement projects pertaining to sustainable forest management in District 19 including; Forest Site Classification with Innu Traditional Knowledge,
Public
Communications
and
Liaison
in
Labrador/Nitassinan,
Development including a photo interpretation course for Forest Guardians,
Inventory and ISO
Development, FMC and Project Coordination.
AND WHEREAS the purpose of this Agreement is to set forth the various rights and responsibilities of the parties hereto;
NOW THIS AGREEMENT WITNESSETH that the description and objectives of the program/service or project that the WNMF covenants to undertake the implementation of the following work (project descriptions in schedule 1 and 2) in furtherance of this Agreement and shall be as follows: (i)
To develop site classification knowledge for Labrador/Nitassinan
(schedule 1, activity 1) incorporating biophysical knowledge such as: information on soils, key plant indicators, and successional patterns with traditional and cultural Innu values. (ii)
To support FMC and public communications regarding Sustainable Forest
Management in District 19 (schedule 1, activity 7) 111
(iii)
To provide a basic photo interpretation course for Forest Guardians
(schedule 1, activity 9). (iv)
To obtain ISO Certification for District 19A and to implement FMC and
Project Coordination. (schedule 1, activity 11)
FURTHER, the Department of Natural Resources agrees to provide to the WNMF a sum of $63,000 (sixty three thousand dollars) to cover the costs associated with the implementation of the program/service or projects outlined above. In return for the provision of the sum of money referred to above, WNMF agrees to abide by the following terms and conditions:
LIABILITIES
1.
WNMF recognizes and accepts that the funding provided by the Department of Natural
Resources under this agreement is non core in nature. This includes the funding of permanent staff, ongoing leasing of equipment, rental costs, and any other commitments that would create a financial dependency upon the Department at the conclusion of this Agreement.
2.
The hiring, management, supervisor and control of any workers employed under this
Agreement shall be the sole and exclusive responsibility of WNMF. Nothing in this Agreement shall be construed to appoint the WNMF or any worker of WNMF as a servant or agent of the Government of Newfoundland and Labrador. All payments required by law to be made by an employer on behalf of or paid directly to the employee including income tax, unemployment insurance, Canada pension, holiday pay and any liability arising from this employment shall be the sole and absolute responsibility of WNMF.
3.
WNMF shall obtain prior to the commencement of the program/service or project (or so
soon thereafter as is practical), all permits, licenses, consents and other authorizations that are deemed necessary to permit the implementation of the program/service or project shall be executed in compliance with all laws, by-laws and regulations as may be required.
ACCOUNTS AND RECORDS 112
4.
The WNMF shall provide to the Department of Natural Resources by June 30, 2008 an
audited statement of account regarding the expenditure of funds provided, with a complete breakdown of all costs involved in the program/service or project. WNMF shall keep proper accounts and records, including invoices, receipts, vouchers, bank statements and cheques of all financial transactions relating to this agreement and their records shall be open at all times to inspection and audit by the Province of Newfoundland and Labrador or its authorized representatives.
5.
As well, the WNMF shall provide a descriptive report on the work carried out on the
program/service or project to the Department of Natural Resources through the WNMF 20072008 Annual Report.
6. If the WNMF fails to comply with any covenant or undertaking contained herein or where
113
the Department of Natural Resources is not satisfied with the progress of the program/service or project, the Department may withhold payment of any amount of its grant of money to WNMF.
AMENDMENTS
7.
This Agreement shall not be amended except mutual agreement and in writing between
the parties.
TERMINATION
8.
If, at any time, the Department of Natural Resources is of the opinion that the WNMF has
failed to conduct the program/service or project in an unacceptable manner or has failed to comply with the covenant or undertaking herein, the Department may terminate the agreement within three weeks
by giving written notice thereof to the WNMF.
Written notice of
termination shall relieve the Department of Natural Resources from further financial responsibility associated with the project, effective immediately.
General
9.
No member of the House of Commons or Provincial Legislative, no federal or provincial
government employee shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.
_______________________________
____________________________________
General Manager
Minister
Western Newfoundland Model Forest
Department of Natural Resources
_______________________
__________________________ 114
Date
Date
________________________
___________________________
Witness
Witness
_________________________
___________________________
Date
Date
115
SCHEDULE 1
1. The Department of Natural Resources will provide financial support to Western Newfoundland Model Forest for the fiscal year 2007-2008, as listed below.
Activity
Contractual
Total Value of the
Funds
Activity
$ 20,000.00
$ 28,000.00
(2) Public Communication
$ 8,000.00
$ 33,000.00
(9) Inventory Development
$ 5,000.00
$ 80,000.00
11) ISO Development, FMC and Project
$30,000.00
$ 50,000.00
$ 63,000.00
$ 191000.00
(1) Nitassinan(Labrador) Forest Ecology, Biodiversity Assessment and Cultural Studies
Coordination
Total
116
2. This financial support will be provided in four equal payments upon receipt of an invoice with the first payment made on September 15, 2007, the second on November 15, 2007; and the third on January 6, 2008 and the fourth on March 10, 2008.
3. A complete summary of activities proposed by the Forest Management Committee for District 19 in cooperation with the Western Newfoundland Model Forest Inc. is included in Schedule 2 – Forest Management Committee Workplan 2007-2008 – District 19 Labrador/Nitassinan. Specific projects covered under this contract are identified as activity 1, 7, 9, and 11.
Schedule 2 Forest Management Committee Proposal Workplan for 2006-2007 District 19 Labrador/Nitassinan
117
Provincial Wildlife Division Agreement # 5-12 (as noted below): 5. Education and Stewardship Coordinator Project 6. Caribou Nuitrition 7. Morphology and Meristics of Wildlife 8. Pilot Predator Project 9. Riparian Zone Project (includes funds from: CBPP, Forest Services, Branch, S&T Internship NRCan – CFS, Services Canada) 10. Exotic Species Education and Policy Development 11. Provincial Aquatics Database 12. Harvesting on Angled Watersheds
$20,000.00 $16,000.00 $19,600.00 $10,500.00
$47,345.00 $20,000.00 $22,600.00 (pending)
Education and Stewardship Coordinator Project (Sample) LETTER OF AGREEMENT This letter of agreement dated April 30, 2007 between the Western Newfoundland Model Forest (The Corporation) and Department of Environment and Conservation, Wildlife Division (Proponent ) whereby the Proponent will provide the funding for the project “ Education and Stewardship for Species at Risk”. The Corporation will employ an individual as an Education and Stewardship Coordinator for a period of 20 weeks beginning on April 30, 2007 and concluding on September 14, 2007. The Corporation will be responsible for the administration and payroll costs of the Coordinator in the implementation of the project. The Coordinator will work in an organizational capacity to implement the project activities outlined in Schedule A – Description of Work (attached). The Coordinator will work out of the offices of the Wildlife division under the general supervision of Gerry Yetman, Senior Wildlife Manager, Stewardship and Education. The Department of Environment and Conservation, Wildlife Division will contribute twenty thousand dollars ($ 20,000) toward the cost associated with this project up to September 14, 2007 . The contribution from the Department of Environment and Conservation will be utilized to cover the costs of salary and employee benefits associated with the coordinator’s employment. The Corporation will include a fee for administration of one thousand dollars ($ 1,000) as part of the overall Project budget. The Western Newfoundland Model Forest will provide employment for the Coordinator and oversee the co-ordination of the financial aspects of this project. Additional employment will be approved pending available funding. The Department of Environment and Conservation, Wildlife Division will oversee the activities of the principal investigator in the implementation of this project and will provide support for the project in terms of work space, equipment and travel costs.
118
The Coordinator will be responsible to undertake the objectives of this project as outlined in Schedule A and will be responsible to complete a summary report of activities undertaken in the course of this project. This final report will be submitted to the Work Coordinator and the Corporation. The Western Newfoundland Model Forest agrees to invoice the Department of Environment and Conservation, Wildlife Division for the sum of ten thousand dollars ($ 10,000) prior to May 20, 2007. The final invoice of ten thousand dollars ($ 10,000) will be forwarded to the Department of Environment and Conservation before September 14, 2007. A financial report of the project expenditures at the end of the project will be produced by the Corporation. The Western Newfoundland Model Forest agrees to declare and pay all taxes of any nature whatsoever which may be eligible in respect of any payment made or work done under this Agreement. It is agreed and acknowledged that funds available to the Corporation to make payments under this Agreement are available subject to an appropriation by the Parliament of Canada in each fiscal year with respect to the Western Newfoundland Model Forest Agreement. The Corporation reserves the right to terminate the work under the Agreement, at any time, where it has reason to believe that funds may not be appropriated for this purpose. The obligation of the Corporation to make any payment due beyond the end of the next ensuring Federal Government fiscal year is subject to such appropriation being made by Parliament. Any information of a confidential nature to which the Contractor becomes privy as a result of this Agreement or the performance of the Work shall not be disclosed to any person without the consent of the Corporation, either during or after the term of this Agreement. The Contractor hereby indemnifies and saves harmless the Corporation from and against all claims, damages, losses, costs, debt, expenses, actions, suits or any proceeding or liability of any nature whatsoever arising from anything done by or on behalf of the Contractor under this Agreement, and specifically arising out of any death or injury to persons or loss of or damage to property arising out of the acts or omissions of the Contractor or the servants or agents of the Contractor in the performance of their obligations under this Agreement. The Contractor shall at all times comply with all applicable laws, ordinances, statutes, rules, regulations and orders of governmental and municipal authorities in the performance of its obligations under this Agreement. Neither party hereto shall be responsible for the prevention of or delay in carrying out the provisions of this Agreement due to any cause beyond the foreseeable control of the affected party or its employees or agents, and in the event of delay for such cause, the Corporation may, in its discretion, terminate this Agreement or extend the time for performance of this Agreement.
119
The failure of the Corporation to insist upon or enforce in any instance strict performance by the Contractor of any of the terms of this Agreement or to exercise any rights herein conferred shall not be construed as a waiver or relinquishment to any extent of the Corporation's right to assert or to rely upon such terms, rights, on any future occasion. No Member of the House of Commons or the Senate of Canada shall be admitted to any share or part of any contract, agreement, or commission made pursuant to this Agreement, or to any benefit to arise therefrom. No Federal officer directly responsible for the implementation of an initiative of the Western Newfoundland Model Forest Agreement shall be admitted to any share or part of any contract, agreement or commission made pursuant to such an initiative, or to any benefit to arise therefrom. The Contractor warrants that the Contractor is aware of this clause and that nothing will be done hereunder in violation of this clause. This Agreement shall be governed in all its aspects by the law of the Province of Newfoundland and the laws of Canada applicable therein, and any actions, suits or proceedings arising out of this Agreement shall be brought in the courts of Newfoundland and not elsewhere.
___________________________________ Gerry Yetman Senior Wildlife Manager Dept. of Environment & Conservation P.O. Box 2007 Corner Brook, Nfld.
_______________________________ James Taylor General Manager Western Nfld. Model Forest
Dated: ______________________________
120
City of Corner Brook Agreement #13 THIS Agreement made at the City of Corner Brook in the Province of Newfoundland this 15th day of January, 2007,
BETWEEN:
AND:
City of Corner Brook (hereinafter called the "Corporation")
WESTERN NEWFOUNDLAND MODEL FOREST INC., a body corporate organized and existing under the laws of Newfoundland and having head office at the City of Corner Brook in the said Province, (hereinafter called the "Contractor")
WITNESSETH that in consideration of the mutual promises and agreements herein contained, the Corporation and the Contractor mutually agrees as follows:
1. Description of the Work 1.01
The Contractor shall carry out the Work and deliver the products described in Schedule "A" annexed hereto in accordance with the terms of this Agreement.
1.02
The Contractor shall provide the Corporation with three copies of a final report and all documents comprising completed works.
1.03
The Contractor shall complete all Work not later than March 31, 2008.
1.04
The Contractor shall use the best available methods in carrying out the work and shall carry out the work in person, except where the description of the Work in Schedule "A" provides otherwise.
1.05
No change, addition or deletion to the Work shall be undertaken by the Contractor unless such change, addition or deletion has been ordered in writing by the Corporation in advance and any cost increase or decrease has been estimated and approved in such order. 121
1.06
Interim and final reports and all documents comprising final Work shall be prepared by the Contractor in such form and format as specified by the Corporation.
2. Payment 2.01
For the satisfactory performance of the Work, the Corporation shall pay the Contractor for the time and costs of performing the Work in the manner and at the rate specified in Schedule "B" hereto.
2.02
Notwithstanding any other provision of this Agreement, no payment shall be made by the Corporation for the cost of the work incurred to remedy errors or omissions for which the Contractor is responsible.
2.03
It is agreed and acknowledged that funds available to the Contractor to carry out the objectives under this Agreement are available subject to an appropriation by the Parliament of Canada in each fiscal year with respect to the Western Newfoundland Model Forest Agreement. The Contractor reserves the right to terminate the work under the Agreement, at any time, where it has reason to believe that funds may not be appropriated for this purpose. It is agreed that the balance of funding remaining for this project will be remitted to the Corporation if the Contractor should terminate work in this circumstance.
2.04
The Corporation reserves the right to require, as a condition precedent to making any payment hereunder, that the Contractor produce a certificate of the Workers' Compensation Commission of the Province of Newfoundland or other similar body having jurisdiction relative to any assessments for which the Contractor may be liable, and such other certificates or Statutory Declarations as the Corporation may reasonably require to establish that any liability of the Contractor in connection with this Agreement has been satisfied.
2.05
The Contractor covenants and agrees to declare and pay all taxes of any nature whatsoever which may be eligible in respect of any payment made or work done under this Agreement.
3. Conditions of Performance 3.01
Any information of a confidential nature to which the Contractor becomes privy as a result of this Agreement or the performance of the Work shall not be disclosed to any person without the consent of the Corporation, either during or after the term of this Agreement.
3.02
The Contractor hereby indemnifies and saves harmless the Corporation from and against all claims, damages, losses, costs, debt, expenses, actions, suits or any 122
proceeding or liability of any nature whatsoever arising from anything done by or on behalf of the Contractor under this Agreement, and specifically arising out of any death or injury to persons or loss of or damage to property arising out of the acts or omissions of the Contractor or the servants or agents of the Contractor in the performance of their obligations under this Agreement. 3.03
The Contractor shall at all times comply with all applicable laws, ordinances, statutes, rules, regulations and orders of governmental and municipal authorities in the performance of its obligations under this Agreement.
3.04
Neither party hereto shall be responsible for the prevention of or delay in carrying out the provisions of this Agreement due to any cause beyond the foreseeable control of the affected party or its employees or agents, and in the event of delay for such cause, the Corporation may, it its discretion, terminate this Agreement or extend the time for performance of this Agreement.
3.05
All data, designs, plans, drawings, specifications, research, reports, notes, estimates, summaries, calculations, surveys, papers, completed work and work in progress and other such information and materials or parts thereof that are compiled, drawn or produced by the Contractor in performing its obligations under this Agreement, including computer printouts and computer models, and all copyrights thereto and all patents, trademarks and industrial designs arising therefrom shall be and become the property of the Corporation and shall be delivered to the Corporation upon completion of the work. The Contractor may retain and use for the Contractor's own purposes, including academic publication, copies of the final report and related data.
3.06
The failure of the Corporation to insist upon or enforce in any instance strict performance by the Contractor of any of the terms of this Agreement or to exercise any rights herein conferred shall not be construed as a waiver or relinquishment to any extent of the Corporation's right to assert or to rely upon such terms, rights, on any future occasion.
4. General 4.01
This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, arrangements, communications or
123
124
understandings, written or oral, relating to the work unless specifically incorporated herein. 4.02
Any notices, invoices or communications in connection with this Agreement shall be addressed as follows: (a) in the case of the Contractor to: Western Newfoundland Model Forest Inc. P.O. Box 68 Forest Centre, University Drive Corner Brook, NF A2H 6P3 Attention: Jim Taylor, General Manager Telecopier No. (709) 634-0255 Telephone No. (709) 637-7300 (b) in the case of the Corporation at: City of Corner Brook P.O. Box 1080 Corner Brook, NL M5W 4K2 Telephone No. (709)-637-1532 Telecopier No. (709)-637-1514 Attention: Mike Dolter, City Manager
4.03
This Agreement shall be binding upon and endure to the benefit of the parties hereto and their respective heirs, executors, administrators, successor and assigns, provided that no part of this Agreement or its proceeds shall be assigned by either party without the prior written consent of the other party.
4.04
The Contractor is an independent Contractor and nothing herein and nothing done hereunder shall be deemed to create any employment relationship or any partnership or joint venture between the parties hereto.
4.05
No Member of the House of Commons or the Senate of Canada shall be admitted to any share or part of any contract, agreement, or commission made pursuant to this Agreement, or to any benefit to arise therefrom. No Federal officer directly responsible for the implementation of an initiative of the Western Newfoundland Model Forest Agreement shall be admitted to any share or part of any contract, agreement or commission made pursuant to such an initiative, or to any benefit to arise therefrom.
125
This agreement shall be governed in all its aspects by the law of the Province of Newfoundland and the laws of Canada applicable therein, and any actions, suits or proceedings arising out of this Agreement shall be brought in the courts of Newfoundland and not elsewhere. SIGNED on behalf of the Corporation by:
____________________________ James Taylor General Manager Western Newfoundland Model Forest Inc.
in the presence of:
____________________________ Glenda Garnier, Office Manager
SIGNED on behalf of the Contractor by:
______________________________ Charles Pender Mayor, City of Corner Brook
in the presence of:
________________________________ Mike Dolter, City Manager
126
SCHEDULE "A"
DESCRIPTION OF WORK Background and Work Proposed This project will develop an integrated watershed management plan for the City of Corner Brook’s drinking water supply. The recommended methodology will assist in the quantitative assessment of the effects of present and future development activities and naturally lead to the final output of an integrated watershed management plan. Using the recently developed template for watershed management (Hearn 2006), this process will test the ability of this template to translate its tools and techniques to a larger watershed under a multitude of diverse development challenges. By characterizing the City of Corner Brook’s watershed, describing resource use, and identifying relevant legislation, strategies can be developed to minimize the impairment of source water quality while allowing a sustainable level of resource utilization on a long term basis. Multiple uses of protected water supply areas are an issue for many municipalities in Newfoundland and Labrador. The increasing pressure for resource development is causing concern to the public. The City of Corner Brook has a responsibility to protect its Corner Brook Lakes Watershed from possible adverse impacts on water quality. The City of Corner Brook will work in partnership with the Western Newfoundland Model Forest who will employ an individual who will research and facilitate the development of the watershed plan. The general direction for this process will be provided by the City of Corner Brook’s Watershed Management Planning Committee. The Western Newfoundland Model Forest will provide office space and equipment and day to day direction for individual employed . Timeline and Outputs Anticipated Stages I
II
III IV
Objectives To agree upon a set of ground rules for conducting meetings and resolving conflicts Characterizing the Watershed
Time Frame January to February 2007
Outputs Ground rules Document and Data Acquisition Strategy Report February to April Characterization of 2007 Corner Brook Watershed Report & Community Values Assessment April to September Risk Assessment Report 2007 August 2007 to CB Watershed Guiding November 2007 Principles; Directives and Management Policy Options Document
Identify Potential Contaminants and Conduct Risk Assessment Defining Areas of Agreement and Areas of Conflict
127
V
Implementation Strategy for the Plan
VI
Plan Development
VII
Implementation
November 2007 to January 2008 January to March 2008 Post March 2008
Implementation Strategy Watershed Management Plan
Further details on the actual tasks which are engaged through this watershed management plan development process are provided in the detailed workplan.
FINANCIAL SUMMARY SCHEDULE “B”
The City of Corner Brook has committed to provide ninety thousand dollars ($ 90,000) to the Contractor to implement the development of an Integrated Watershed Management Plan during the 2007 to 2008 calendar years. The 1st payment will be remitted to the Contractor on the receipt of an invoice for forty five thousand dollars ($ 45,000) and on the signing of this contract. The 2nd payment will be remitted to the Contractor on the receipt of an invoice for forty five thousand dollars ($ 45,000) on the receipt and presentation of reports by the Corporation noted in the timeline from Stages I to IV – December 2007. The Contractor will provide five thousand dollars ($ 5,000) during the 2007-2008 fiscal year pending its approval for funding under the Forest Communities Program. The contractor will also provide office space and equipment to facilitate this project. Specialized services such as digitizing and GIS expertise will be sought by the Western Newfoundland Model Forest and subcontracted separately. Other funding sources will be developed and approached by both the Corporation and the Contractor.
128
Atlantic Canada Opportunities Agency#14 Innovation Trade and Rural Development #15 (pending)
129
130
Appendix D: Logic Model and Results Based Management Framework Results and Outcome Chain
INPUTS Funding through FCP Federal contribution agreement
Funding through Provincial contribution agreements and special initiatives
Funding & In-kind contributions from local, national, and international partners and various strategic alliances for specific initiatives
Funding through national and international organizations and foundations for education, community development and knowledge exchange
ACTIVITIES
OUTPUTS
Administering and management the activities of the MFC-NL
Guidelines, policies, strategic plans, workplans, annual reports, and meeting proceedings /minutes, Audited statements, monthly summaries and updates, performance evaluations
Building capacity between provincial, national, and international forest-based community networks and the forest sector. (Objectives 1 and 4) Developing multiple sector strategies, systems, and decision support tools to assist in revitalizing rural economies by better utilizing our natural resources. (Objectives 2 and 5)
Implementing and evaluating strategic economic plans for rural communities using practical and sound business models (Objective 3)
Operational guidelines, terms of references, articles of incorporation, groundrules, marketing, education and communication strategies, best management practices, publications, communications materials.
Strategic plans, business plans, process agreements, workshops, conferences, IT materials and products for the dissemination of information.
Project reports, economic forecasts, products and processes, and employment statistics
IMMEDIATE Outcomes
Accountable performance for all program managers and partners.
Awareness of program objectives, challenges and exchange opportunities and increased participation by natural resource professionals, partners and outside organizations.
An understanding and appreciation of the strategic planning process and the information necessary for the revitalizing rural economies and conserving natural resources
Awareness of the applicability of SFM products and services and the level of collaboration necessary to sustain their use.
INTERMEDIATE Outcomes
LONG-TERM Outcomes
Clear and concise working environment that exceeds partner expectations.
Increased capacity and collaboration on community development, knowledge sharing and implementing economic strategies.
Independent, financially autonomous LCNs throughout NL contributing to the economic revitalization and transition of their communities and international partners.
An acknowledgement and understanding of the diverse elements and potential conflicts of sustainable community development. Knowledgeable and well-trained, highly motivated forest professionals, technicians and front-line workers Enhanced learning opportunities at the local, national and international level and a heightened level of pride in the sector.
Improved forest management that integrates innovative, cost –effective alternatives to economic growth. A vibrate forest sector with new economic opportunities and growth.
Enhanced opportunities for academia to incorporation SFM knowledge into their curriculum and materials. An adoption and implementation of Business Plans and SFM systems and tools by LCN/MFC-NL partners and strategic alliances.
Increased awareness of the natural resource sector and their contribution at the local, provincial and national levels.
Figure 3: Logic Model - Results and Outcome Chain
131
Public acceptance and trust of the forest sector due to better integrated management and decision making.
Performance Measurement Strategy Table 9: Performance Measurement Strategy
Performance Area
Performance Indicators
Methods/Data Source
Collection Responsibility
Targets
Timing/ Frequency of Measurement
Outputs Guidelines, policies, strategic plans, workplans, annual reports, and meeting proceedings /minutes, Audited statements, monthly summaries and updates, performance evaluations
•
Operational guidelines, terms of references, articles of incorporation, groundrules, marketing, education and communication strategies, best management practices, publications, communications materials.
Approval of programs, agreements and documents associated with the MFC-NL program.
• •
Annual Report Review documents and archive.
•
Strategic plans, business plans, process agreements, workshops, conferences, IT materials and products for the dissemination of information.
•
Negotiated and signed agreements, reports, plans, and proceedings.
• •
Annual Report Review documents and archive.
Project reports, economic forecasts, products and processes, and employment statistics
•
Production and approval of final reports and tools associated with the MFC-NL program.
•
Review documents and tools and archive.
•
•
Mid-phase and final evaluation.
•
• •
Annual report; Surveys
•
•
MFC-NL
•
Annual
•
MFC-NL
•
Annual
Meet the requirements of the contribution agreements, partner expectation and annual workplans.
•
MFC-NL
•
Annual
All workplan approved initiatives will have accepted outputs.
•
MFC-NL
•
Annual
•
MFC-NL
•
Mid-phase and end-of-phase
For every associated agreement or formal review or plan, there will be a corresponding report or signed document.
Immediate Outcomes Accountable performance for all program managers and partners;
Awareness of program objectives, challenges and exchange opportunities and increased participation by natural resource professionals, partners and outside organizations;
An understanding and appreciation of the strategic planning process and the information necessary for the revitalizing rural economies and conserving natural resources;
Awareness of the applicability of SFM products and services and the level of collaboration necessary to sustain their use; Increased awareness of the natural resource sector and their contribution at the local, provincial and national levels.
• Level of satisfaction by community members and participants in the MFC-NL programs; • Signed agreements on the establishment of formal organizations. • Relevance of international experiences to local issues; • Participation in workshops, committees, and working groups;
• Participation in workshops, committees, and working groups; • Successful completion of the KGP and level of • commitment to implement; • Successful completion of the strategic directions • document; • Level of development and application of tools and systems that support the FCN strategic direction throughout the forest community. • Number of articles based on MFC-NL activities in local, provincial, national, and international communication materials;
• • •
Annual Report & Committee Minutes; Review documents and archive.
Annual Report Local and provincial media; Annual report.
95% rate of approval.
• 5 LCN Agreements; • 100% satisfaction in international linkages
•
MFC-NL
•
Mid-phase and end-of-phase
100% participation partners; All LCNs submit KGPs and 100% agree to implement; All LCNs submit strategic documents.
•
MFC-NL
•
Mid-phase and end-of-phase
• All tool and system developments proposed in the workplans are completed and adopted by MFC-NL/LCN partners.
•
MFC-NL
•
Annual and end-of-phase
• One monthly article on the positive contributions of the forest sector.
•
MFC-NL
•
Annual and end-of-phase
•
MFC-NL
•
Mid-phase and end-of-phase
• • •
Intermediate Outcomes Clear and concise working environment that exceeds partner expectations.
• Level of satisfaction by community members and participants in the MFC-NL programs ;
•
Surveys
132
•
100% satisfaction
Performance Area
Increased capacity and collaboration on community development, knowledge sharing and implementing economic strategies.
An acknowledgement and understanding of the diverse elements and potential conflicts of sustainable community development. Knowledgeable and well-trained, highly motivated forest professionals, technicians and front-line workers
Enhanced learning opportunities at the local, national and international level and a heightened level of pride in the sector.
An adoption and implementation of Business Plans and SFM systems and tools by LCN/MFC-NL partners and strategic alliances.
Performance Indicators
Methods/Data Source
• Number of Business Plans produce and their quality and usefulness to the LCN participants; • Number of economic initiatives within the LCN; • Success of financial leveraging; • • Number of monitoring programs incorporated into communities. • Level of satisfaction by community members and participants in the MFC-NL programs; • Relevance to local issues. • Enrolment numbers; • Number of training programs held; • Level of promotional material related to professional development programs; • Number of articles based on MFC-NL activities in local, provincial, national, and international communication materials; • Relevance of international experiences to local issues; • Number of participants in international ventures. • Level of development and application of tools and systems that support the FCN strategic direction.
Targets •
Annual Report and Minutes
Collection Responsibility
Timing/ Frequency of Measurement
All LCN meet or exclude the expectations for Business plan development and content; All Economic initiatives are active and progressing according to workplans; At least 1 community-based monitoring program per LCN.
•
MFC-NL
•
Annual
•
100% satisfaction and relevance
•
MFC-NL
•
Mid-phase and end-of-phase
• • •
An annual interest of 10%; Meeting the requirements of the AMLCP; All major issues covered by promotional material.
•
MFC-NL
•
Mid-phase and end-of-phase
•
2 of the monthly articles dedicated to international projects; 100% satisfaction in international linkages; At least 2 LCNs and/or partners are participating in an international venture.
• •
MFC-NL IMFNS
•
Mid-phase and end-of-phase
• •
•
Surveys
• • •
Forestry programs; AMLCP Report; Annual Report
• • •
Local and provincial media & Media report from the IMFN; Survey; Annual report
• •
•
Annual Report
• All tool and system developments proposed in the workplans are completed and adopted by MFC-NL/LCN partners.
•
MFC-NL
•
Annual and end-of-phase
•
MFC-NL
•
End-of-phase
Long-term Outcomes Independent, financially autonomous LCNs throughout NL contributing to the economic revitalization and transition of their communities and international partners.
Improved forest management that integrates innovative, cost – effective alternatives to economic growth.
A vibrate forest sector with new economic opportunities and growth.
Public acceptance and trust of the forest sector due to better integrated management and decision making.
• Diversity of financial inputs and the level of independence of MFC-NL partnership; • Ability to sustain the MFC-NL beyond 5 years; • Number of participants in international ventures; • Relevance of international experiences to local issues. • Contributions of forest sector and non-timber forest industries to the GDP; • Level of development and application of tools and systems that support the FCN strategic direction throughout the forest community; • Number of economic initiatives within the LCN; • Level of satisfaction by community members and participants in the MFC-NL programs ; • Level of public knowledge in the areas of forestry and the identification of MFC-NL with the public;
• • •
Annual Report; MFC-NL Business Plan; Survey.
• No one source of funding makes up more than 20% of funding for Management and Administration within the LCNs; • Formal financial commitments are made for 2012 – 2017; • 100% satisfaction in international linkages.
• •
Economic Assessment Annual Report
• All tool and system developments adopted by MFC-NL/LCN partners have been further adopted by an equal amount of independent LCNs.
•
DNR and CFS •
End-of-phase and beyond
•
Economic Assessment within the LCN annual reports
• 2 new forest-based initiatives within each LCN.
•
LCNs
•
End-of-phase and beyond
•
Provincial Survey
• 100% satisfaction and relevance • Public knowledge level indicators have double since the 2006 Bath Survey
•
DNR
•
End-of-phase and beyond
133
Appendix E: References and Sources Community Accounts 2006, Rural Secretariat, Regional Profile NL Tourism Marketing Council 2004. Strategic Marketing Plan 2004 - 2008 1998 Historic Resources Overview Assessment, Churchill Power Project, http://www.innu.ca/archbackgrounder.html Gordon Hancock, MUN (Retired), History of European/White Settlement, Virtual Museum of Labrador, http://labradorvirtualmuseum.ca/38 Humber Economic Development Board, Business Plan 2006 – 2009, May 2006, 54 pp Canadian CED Network: Profile of Effective Practice, Provincial Sustainable Forest Management Strategy 2003, Department of Natural Resources, Province of Newfoundland and Labrador Humber Economic Development Board Inc. Business Plan 2006-2009 White, Alex 2003, Pros of a Co-op Model in the Forestry Sector, BC Institute for Co-operative Studies, http://web.uvic.ca/bcics/research/forestry/pros.htm Bath, A. J. 2006. Understanding Forest Management Issues on the Island Portion of the Province of Newfoundland and Labrador. Report submitted to Government of Newfoundland and Labrador and Western Newfoundland Model Forest. 86pp.
134