AGREEMENT TO REDUCE TRANSBOUNDARY AIR POLLUTION, IMPROVE REGIONAL AIR QUALITY AND ADDRESS CLIMATE CHANGE

 

Between

 

THE PROVINCE OF ONTARIO,
represented by Laurel C. Broten, Minister of the Environment
(“Ontario”)
- and -

THE PROVINCE OF NEW BRUNSWICK,
represented by Roland Haché, Minister of Environment
(“New Brunswick”)

             
WHEREAS Ontario and New Brunswick are both deeply concerned about the environment and related public health issues;

AND WHEREAS Ontario and New Brunswick share concerns for the effects of transboundary air pollution in the region;

AND WHEREAS Ontario and New Brunswick recognize that transboundary environmental impacts require mutual understanding and a commitment to environmental protection;

AND WHEREAS Ontario and New Brunswick are seriously concerned about the present and future effects of transboundary air pollution on their respective environments and in particular the issues of ground-level ozone, fine particulate matter, acid precipitation and toxic air pollutants;

AND WHEREAS Ontario and New Brunswick are also seriously concerned about the impacts of climate change upon the earth and their respective jurisdictions and wish to collaborate on their respective plans and share information to address climate change;

AND WHEREAS Ontario and New Brunswick recognize the need to establish regular communications to address environmental issues that may adversely impact either or both Parties;

AND WHEREAS Ontario and New Brunswick will mutually benefit by sharing information and respective expertise and by potentially joining in studies or research projects that may have transboundary implications;

NOW THEREFORE the Parties hereby agree to the following:

 

ARTICLE 1:  PURPOSE OF THE AGREEMENT

1.1       The Parties wish to encourage mutual understanding and cooperation on transboundary air quality impacts and climate change including, but not limited to:

• the environmental impacts from transboundary air pollution;
• atmospheric pollutants;
• regional air quality issues; and
• climate change issues.

 

ARTICLE 2:  OBJECTIVES SOUGHT

2.1       By entering into this Agreement, the Parties express their will to establish, in accordance with the laws, regulations and procedures of Ontario and New Brunswick, an exchange of information and cooperative measures related to transboundary air quality impacts and climate change issues between Ontario and New Brunswick, with the following objectives:

• To promote the sharing of information and expertise on the impacts of transboundary air pollution and climate change;

• To implement measures to prevent transboundary environmental impacts whenever both Parties deem it necessary;

• To apprise and consult with each other, whenever feasible, before permitting or undertaking any activity or project within their respective jurisdictions that may have the potential to cause significant adverse transboundary environmental impacts on the other Party;

d) To encourage the sharing of policy, planning and scientific expertise about transboundary air pollution, air quality and climate change issues; and

e)  To implement consultation and coordination mechanisms to promote cooperation and dialogue provided for in this Agreement, in accordance with the laws, regulations and procedures of Ontario and of New Brunswick.

 

ARTICLE 3:  IMPLEMENTATION

3.1       To fulfill these objectives, the Parties agree:

• To each designate a person as liaison for the implementation of the terms of this Agreement.

• To establish, within 90 days from the date this Agreement is signed, a joint task force that will meet at least once a year. This task force will:

• Share information on issues related to the environmental impacts from transboundary air pollution and climate change on a regular basis;
• Develop a plan and an annual program to address the objectives set forth in Article 2, and oversee its implementation; and
• Report regularly to their respective Ministers of Environment.

• Each Government shall be responsible for all internal respective costs that it incurs in the administration of this Agreement.

• If an outside party is contracted by the Parties to complete work developed under the auspices of this Agreement, costs of the outside party shall be shared on a negotiated basis by signatories to the Agreement.

 

ARTICLE 4:  AMENDMENTS

4.1       To ensure efficiency in dealing with common transboundary environmental issues, the Parties may, by joint agreement, amend this Agreement at any time by exchange of letters.

 

ARTICLE 5:  COMING INTO FORCE

5.1       This Agreement will be in force for a five-year period as of the date of its signature. It shall be renewed automatically for successive five-year periods unless one of the Parties sends a written notice of termination to the other Party six months prior to the expiration date.

 

Signed at Toronto this 18th day of June, 2007 in the French and English languages, both versions being equally authentic.

FOR THE GOVERNMENT                                     FOR THE GOVERNMENT
OF ONTARIO                                                           OF NEW BRUNSWICK

 

________________________________                    __________________________________   
Laurel C. Broten                                                           Roland Haché
Minister of the Environment                                           Minister of the Environment

 

 

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