Acts and Regulations

2014, c.133 - St. Croix International Waterway Commission Act

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Current to 1 January 2024
2014, c.133
St. Croix International Waterway
Commission Act
Deposited December 30, 2014
Preamble
WHEREAS the Province of New Brunswick recognizes the common heritage of the citizens of the Province and the citizens of the State of Maine, of the United States of America; and
WHEREAS the Province of New Brunswick recognizes that the management of the resources of the St. Croix International Waterway, which forms part of the boundary between the two jurisdictions, is a matter of special concern to the citizens of both jurisdictions; and
WHEREAS the Premier of New Brunswick and the Governor of Maine, by a Memorandum of Understanding dated November 17, 1986, agreed to the general principles that are to govern the operation of a joint commission to oversee the management of the St. Croix International Waterway; and
WHEREAS it is desired to enact legislation in the Province of New Brunswick and in the State of Maine to give effect to the general principles contained in the Memorandum of Understanding;
THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1The following definitions apply in this Act.
“Commission” means the St. Croix International Waterway Commission established under section 2. (Commission)
“management plan” means a plan for the management of the natural, historical, cultural and recreational resources of the St. Croix International Waterway prepared by the Commission under paragraph 4(b). (plan de gestion)
“Memorandum of Understanding” means the memorandum of understanding regarding the St. Croix International Waterway entered into by the Premier of New Brunswick and the Governor of Maine, dated November 17, 1986, and includes any subsequent amendments to this memorandum. (protocole d’entente)
“Waterway” means the lands and water contained within the St. Croix International Waterway as described in Part VII of the Memorandum of Understanding. (rivière)
1987, c.S-14.1, s.1
Establishment of Commission
2The Lieutenant-Governor in Council may enter into an agreement with the State of Maine to establish the St. Croix International Waterway Commission, as contemplated in the Memorandum of Understanding.
1987, c.S-14.1, s.2
Objects and purposes of the Commission
3The objects and purposes of the Commission are
(a) to encourage the conservation and management of the natural resources of the Waterway,
(b) to coordinate the efforts of the Province and the State of Maine in managing and developing the resources of the Waterway,
(c) to promote preservation and public awareness of the heritage of the early inhabitants of the Waterway, including that of native peoples and the early European settlers,
(d) to encourage the use of the natural and historical resources of the Waterway for educational and recreational purposes,
(e) to encourage tourism in the Waterway,
(f) to establish working committees to study the present and potential utilization of the resources of the Waterway and to recommend resource management strategies to the Commission,
(g) to encourage the conservation and management of the forest resources of the Waterway while facilitating the optimal commercial utilization of this resource,
(h) to encourage and facilitate consultation with residents of the Waterway and groups who make significant use of the Waterway, and
(i) to encourage the development of public education programs to promote public awareness of the joint efforts of the Province and the State of Maine in developing and implementing resource management strategies for the Waterway.
1987, c.S-14.1, s.3
Duties of the Commission
4The Commission shall perform the following duties:
(a) appoint an Executive Director;
(b) prepare a management plan in cooperation with persons owning land in the Waterway and submit the plan to the Province and to the State of Maine for approval;
(c) seek to implement any management plan approved by the Province and the State of Maine through the creation of working agreements among the appropriate governmental departments of the Province and the State of Maine and other interested public and private bodies and individuals; and
(d) submit an annual budget to the Province and to the State of Maine, outlining the estimated revenues and expenditures of the Commission for the coming year, together with an audited statement of the financial operations of the Commission for the previous year.
1987, c.S-14.1, s.4
Powers of the Commission
5The following powers are vested in the Commission:
(a) subject to budgetary constraints, to enter into contracts necessary for the implementation of any management plan approved by the Province and the State of Maine;
(b) subject to budgetary constraints, to acquire and dispose of real property as necessary to perform its obligations under the Memorandum of Understanding and under this Act;
(c) to engage in cooperative efforts with municipal governments and other organizations or individuals in the Waterway in respect of the development, improvement or maintenance of real property in the Waterway; and
(d) to seek funding from the Province, from the State of Maine and from other public and private sources in order to obtain the funds necessary to realize the objectives of the Commission.
1987, c.S-14.1, s.4
Matters governed by Memorandum of Understanding
6The following matters are governed by the Memorandum of Understanding:
(a) the membership and organization of the Commission;
(b) the operating procedures of the Commission;
(c) the first meeting of the Commission; and
(d) the timetable to be followed by the Commission in preparing the first management plan.
1987, c.S-14.1, s.5
Approval of management plan
7(1)The Lieutenant-Governor in Council may approve, on behalf of the Province, in whole or in part, a management plan submitted by the Commission under paragraph 4(b).
7(2)The Lieutenant-Governor in Council may at any time rescind or modify an approval given under subsection (1).
1987, c.S-14.1, s.6
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to February 9, 2015.