National Harbour Authority Advisory Committee (NHAAC)

Meeting of April 27-28, 2006
Sidney, British Columbia

Record of Discussion

Table of Contents

• Opening Comments
• Meeting Protocol
• Review and Approval of Summary of Discussion (November 2005 meeting)
• Review of Agenda
• Debrief from NHAAC Pre-meeting, April 26th
• Discussion on Resolution from November 2005 NHAAC meeting
• SCH - HQ Update
• Q&A Period
• Update on (CNHAB) Initiative
• Updates from SCH Regions
• Situational Updates from NHAAC members
• Conclusion of day 1
• Review Agenda - Day 2
• Update from SCH - HQ
• The Habitat Management Program and the Environmental Process Modernization Plan
• Pacific Region Overview
• Presentation on the HAABC
• Presentation on the PRHAAC
• Wrap-Up
• Annexes

Opening Comments

Bruce Benson opened the meeting at 9:10 a.m. There was a general introduction of all participants and regrets from those absent. Robert Bergeron mentioned the departure of Julie Desrochers and Claude Burry who has worked for SCH throughout his lengthy career.

In his opening remarks, Robert Bergeron raised a point of interest: his "official" commencement of the SCH program 10 years ago, co-incidentally began here at the Dunsmuir Lodge. The success of both the program and this committee was duly recognized.

Meeting Protocol

Further to the suggestion made during the SCH/NHAAC Joint Executive meeting in February 2006, a protocol for NHAAC meetings was developed:

• no cell phones or blackberries allowed unless for emergencies;
• no "side" conversations by members permitted.

Review and Approval of Summary of Discussion

Approval of Summary of Discussion from November 2005 meeting: Moved by Bob Baziuk; Seconded by Dave Tomasson.

Review of Agenda

The agenda was approved without changes. The change in format with respect to the Situational Updates from NHAAC was discussed and it was agreed to follow the roundtable format rather than having single presentations from each region.

Debrief from NHAAC Pre-meeting, April 26th

SCH/NHAAC Executive Committee meetings:

During the Pre-meeting, Bruce Benson provided an update on the Executive Committee meeting that had taken place at Steveston Harbour, B.C. on February 23rd, 2006. Present at that meeting were the Executive members of both the NHAAC (Bruce Benson, Ben Mabberley and Bob Baziuk) and SCH (Robert Bergeron and Kaye Love). The NHAAC agreed to the concept of holding joint Executive meetings in between full NHAAC meetings as long as they do not replace the 2 NHAAC meetings per year and that no decisions are made on behalf of any region.

Roles and Responsibilities of the NHAAC Executive:

The NHAAC accepted, with minor changes, the Roles and Responsibilities that had been developed by Bob Baziuk. A copy of the Roles and Responsibilities are attached as Annex A.

Canadian National Harbour Authority Board (CNHAB) Bylaws:

The draft bylaws were reviewed and accepted with some minor changes. The NHAAC suggested they be reviewed by a lawyer. Bob Baziuk offered to undertake this task.

NHAAC logo:

The NHAAC voted on the two options that had been presented by Bob Baziuk and a logo was approved. A copy is attached as Annex B.

Staggering of Elections:

Agreement was reached to continue with the practice of holding the elections once per year (at the November NHAAC pre-meetings). There was a recommendation to the regions to try to provide continuity when sending regional members to NHAAC meetings.

NHAAC Sub-Committees:

A recommendation was made to have one representative from each region on the Lease Review Sub-Committee. Newfoundland & Labrador Region nominated Calvin Peach as their representative and Maritimes/Gulf will provide the name of their following their upcoming RHAAC meeting. A discussion ensued regarding participation in Sub-Committees. All agreed that moving the projects forward was of paramount importance and that the unavailability of any of the Sub-Committee members for any given meeting should not stop progress. It was suggested that when materials are sent to Sub-Committee members for comment, that deadlines should be given for the receipt of comments/feedback.

Full Participation of NHAAC members at meetings:

Ben Mabberley requested a discussion about members' participation at these meetings. Osborne Burke was also in agreement. Dave Tomasson referred members to the February 23^rd Executive Committee minutes, bottom of 2^nd page, concerning "unequal representation of members at the NHAAC meetings".

Robert Bergeron explained that it was not the intent of the statement in the Executive Committee Summary of Discussion to single out any individual NHAAC member but, rather, to ensure SCH access to the diversity of views from all regional representatives and that the discussion at the Executive meeting had been partly spurred by the resolution made by the NHAAC at the November 2005 meeting.

Participation at NHAAC meetings of Regional Alternates:

A discussion was held regarding the participation of regional members in the NHAAC meetings as observers. The example of Bonnie Morse's participation at the April 2005 NHAAC meeting in Halifax, during which she gave a presentation on the Grand Manan HA model but was not allowed to stay for the remainder of the meeting, was raised. Mr. Bergeron apologized to Bonnie for the over-sight in not allowing her to stay at the last NHAAC meeting after she had completed her presentation. Mr. Bergeron agrees with this suggestion and indicated that there should be sufficient flexibilty to allow for this type of participation, taking into consideration the costs involved, such as the rentals for meeting rooms and accommodations. The NHAAC/SCH Joint Executive will discuss this type of participation on a case by case basis during the development of agendas for each NHAAC meeting.

With respect to the participation of NHAAC Alternate members at meetings held in regions, it was agreed that the Regional Alternate member could participate in the meetings as a full member not as an observer. For NHAAC meetings held in Ottawa, an additional SCH representative may attend the meetings.

ACTION REQUIRED: Terms of Reference to be amended accordingly for approval at the next NHAAC meeting in November 2006.

SCH Resource Person at NHAAC Pre-meetings:

Bruce indicated that the NHAAC did not support the concept of a senior SCH resource person (likely the Director, Harbour Policy and Program Planning) attending NHAAC Pre-meetings. They would, however, like such an individual to be available should they need to draw upon their expertise during the Pre-meetings. Kaye Love indicated that as she is usually attending the SCH National Management Committee meetings at the same location, she could be available. It was agreed that when the SCH/NHAAC Joint Executive plan the agenda for the NHAAC pre-meetings, they should identify for which agenda items the resource person would be required.

Discussion on Resolution from November 2005 NHAAC meeting:

Discussion arose as to the advantages of NHAAC continuing to meet twice a year. All members agreed with this initiative as is. Regarding regional HA meetings: some members felt HA meetings should be dealt with by each region; other members felt that at least two regional meetings per year should take place.

DECISION: It was agreed that:

• The biannual NHAAC meetings would continue;
• Regions to determine the frequency and length of their RHAAC meetings;
• If problems are identified in any given region, they are to be brought forward to the NHAAC.

SCH - HQ Update

Mr. Bergeron, DG, SCH, provided an update on SCH Headquarters initiatives.

New Government: Under the new government currently in power, the new Minister of Fisheries and Oceans is Loyola Hearn, the Member of Parliament from Newfoundland and Labrador. Minister Hearn is very familiar with SCH and has been on the Standing Committee for Fisheries and Oceans for several years. He was a key player in influencing Cabinet in increasing the SCH budget by $100M over the past five years for infrastructure repair.

The Minister has been briefed on the SCH program in general, but budget shortfalls have yet to be discussed with him in detail. This will be the topic of a future briefing. Robert Bergeron emphasized that seeking additional funding remains a high priority for the department. Mr. Bergeron outlined the current financial situation of the SCH program and indicated that this fiscal year's Expenditure Plan will be reviewed by the Minister very shortly.

Mr. Bergeron spoke about the $1M threshold for major capital funding. DFO has developed this principle to manage major capital departmentally and exceptions cannot be made for SCH.

Mr. Bergeron indicated that all construction projects over $400K must go through PWGSC. There is currently a DFO/PWGSC working committee that is reviewing fees and other costs charged by PWGSC to SCH for project delivery which will propose changes aimed at ensuring best value for money for SCH. As part of this study, the concept of SCH assuming responsibility for service delivery for projects under $400K, either through HAs or through a dedicated SCH unit, is being examined, as is the possibility of extending the existing non-competitive contracting authority to qualified HAs which is now limited to $40K maximum (+ $40K amendment).

New Assistant Deputy Minister (ADM), Human Resources & Corporate Services:

George Da Pont, the previous ADM of Corporate Services (which included SCH) has recently taken on a new role as Acting Commissioner of the Canadian Coast Guard. Cal Hegge is our new Acting/ADM. Although Mr. Hegge was planning to attend this meeting he, unfortunately, was not able to attend due to the imminent government announcement on the Budget.

Harbour construction in Nunavut:

Mr. Bergeron advised members of the current request from the Nunavut government to DFO for the construction of seven new harbours in Nunavut. Approximately $41M would be required. Given the Program's current financial situation, this request cannot be entertained without additional funding. SCH will report back to NHAAC as this file progresses.

SCH Functional Review:

Claude Burry (the former Regional Director of SCH/Maritimes) was the leader of this national internal working group but had to resign due to a major illness. The Functional Review is a new initiative launched this year to review all SCH activities and services to ensure consistency in the range and level of services offered to all clients nationally and to ensure consistency in how the program is being delivered. The Functional Review Working Group consists of representatives from all regions including Headquarters. The Review will also lead to the creation of a Human Resource Plan. Bill Goulding, Regional Director/Newfoundland Labrador, will replace Claude Burry as Project Leader. Preliminary results are expected in the early Fall.

PWGSC-SCH Working Group:

This inter-departmental committee was established in 2005 to study the fees charged by PWGSC to SCH which are quite costly, particularly for smaller projects. PWGSC fees are high, especially in relation to the size of the project. This committee worked on two levels: an executive group of senior managers (Robert Bergeron, Jackie Richard and Gervais Bouchard are the SCH members) and a working group consisting of regional engineers, led by Micheline Leduc for SCH. Special attention was given to studying the management of minor projects/minor works in order to be able to generate savings and better control over the escalating costs. Micheline provided an update on current status and next steps, which include the development of pilot projects in both Newfoundland & Labrador and Maritimes/Gulf regions to test different models of delivering projects under $400K. The NHAAC will be updated on progress at the next meeting in November.

Insurance:

Kaye Love indicated that the Third Party Liability Insurance policy has been renewed almost "as is". The only modification the insurer made this year was the amount of the deductible, which was increased to $1500 for all classes of harbours. The portion of the deductible paid by HAs however, will continue to be $500 and, as in the past, SCH will cover the portion of the deductible in excess of $500K. With respect to Bodily Injury (BI) and Directors' and Officers' (D&O) insurances, it has been confirmed that DFO can use its "Class Contribution'' authority to provide a contribution to the Corporation the NHAAC is currently forming. The current departmental Contribution program will only allow DFO to contribute 75% of the costs and the Corporation will need to fund the remaining 25%, which it will do by charging subscription fees to HAs. SCH is currently working on a Treasury Board submission to request approval for a dedicated SCH Contribution program which could eventually allow for an increased SCH percentage contribution. Kaye also indicated that the Insurance Guide is now finalized in both official languages and will be sent to the printers shortly.

Communications sub-group:

Further to the January 2005 NHAAC meeting, SCH and the NHAAC Communications subgroup have been working on an external communications strategy for the HA program to raise awareness of the importance of HAs, to promote community interest and to communicate the benefits of the SCH Program. A Communications Strategy was developed and was approved by the Minister just prior to this meeting. At the November 2005 meeting, the proposed products to be developed included a pamphlet explaining the work of the HAs, a poster, and the development of a national HA identifier. The text of the pamphlet has been finalized and two identifiers and layout concepts will be demonstrated during the agenda item on Communications tomorrow. Once the final layout has been approved, the products will be sent to the printers.

National Lease Review:

This item had been discussed at the last NHAAC meeting; a phased-in approach of the review consists of looking at the content of HA lease standards, definitions and interpretations. The file is moving according to the work plan established in January 2006 which the Regions approved and accepted.

Library of Transferable Tools:

This item was placed on a "back burner" by the National Operations Team in January 2006, due to workload. Denise Lapratte will be reviving this project in June.

Updating HA Manual:

It has been a long time since this manual was last reviewed. A project to review the content will be launched when the new staff member is hired to replace Danielle Balfour who was the previous lead on this file.

Next HA Forum Newsletter:

The next Forum will be issued in June 2006.

Q&A Period

Highlights of clarification provided in response to questions from members are as follows:

Concerning Nunavut's new facilities, the request for additional funding for Nunavut will be kept separate from the request for more funding for the SCH program. DFO's Deputy Minister has indicated to the Government of Nunavut that funding is not currently available and that the projects could only proceed if additional funding is provided. Future maintenance should be minimal for the next 15/20 years and the Nunavut government and users would be expected to share in these costs.

Concerning the sunsetting of the $20M Infrastructure Repair Funding at the end of fiscal year 2006/07, Mr. Bergeron indicated that the Program's funding request will seek to retain this funding, plus the additional funding required to provide for the adequate life cycle management of SCH assets. He stated clearly that this funding request is a top priority for DFO, but should DFO be unsuccessful in securing all of the funding requested, priority will be given to urgent safety related repairs.

In response to a question regarding the status of the "new vision" for SCH,
Mr. Bergeron indicated that, while the Minister had been given a general briefing on the initiative, no feedback has yet been received. A special briefing to the Minister's Office on the vision will be scheduled in the coming weeks.

In response to a request for clarification on project priorities - major capital vs. minor capital,
Robert Bergeron indicated that anything below $50K was considered minor works and that each region has the discretion to determine the threshold by which the HA is able to contribute to a project on a cost-sharing basis.

Update on Canadian National Harbour Authority Board (CNHAB) Initiative

Denise Lapratte (SCH/Ottawa) joined the conference by telephone for this agenda item

Paul Ryan and Denise Lapratte provided an update on this initiative. Paul indicated that the mission, as established at the previous NHAAC meeting had been to come to this meeting with a set of Bylaws for discussion. They are close to having consensus on the current draft. The mandate will be included in the bylaws and it will be restricted to the provision of Bodily Injury and D&O insurances. Paul thanked Bob Baziuk for drafting a "generic" set of by-laws to use as a starting point.

ACTION REQUIRED:

• Maritimes to ratify the bylaws at their next meeting at the end of April;
• Paul Ryan to conduct a title search of 2 - 4 names for the Corporation as it was felt CNHAB was not the best title. All agreed that the NHAAC sub-group could make the final decision on the name;
• Bob Baziuk offered to have the bylaws reviewed by Steveston's legal counsel;
• Sub-group to determine what address to use in the bylaws;
• SCH HQ to request advice from DFO Finance and Legal branches re the bylaws and whether the Corporation, as per the current bylaws, would qualify for a DFO contribution;
• Sub-group to meet separately during the NHAAC meeting to discuss next steps and how to move forward.

The objective remains to have the Corporation in place and both insurances offered to HAs prior to the next NHAAC meeting in November.

Updates from SCH Regions

Newfoundland and Labrador (Bill Goulding)

Handouts were distributed to all members providing an update on regional initiatives. Copies available upon request.

A comment was made regarding the possible future impact on harbour usage due to decline in users in part because of aging fishers in coastal communities and due to the fact that many young people are leaving coastal communities to work in urban centres. Similar demographical changes are occurring in many communities.

Maritimes & Gulf (Jackey Richard)

Handouts were distributed to all members providing an update on regional initiatives. Copies available upon request.

In response to a question raised concerning signage at SCH harbours, Jackey Richard responded to indicate that the costs associated with their purchase were covered by the individual HAs and that they have been very effective.

Quebec (Gervais Bouchard)

Handouts were distributed to all members providing an update on regional initiatives. Copies available upon request.

Central & Arctic (Alan Kathan)

Handouts were distributed to all members providing an update on regional initiatives. Copies available upon request.

Alan outlined a recent staffing initiative in which 1 full-time program officer had recently been hired to support HA's. a member of the Fresh Water Harbour Authority Advisory Committee (FWHAAC), Dave Tomasson, sat on the rating board to hire this new employee, a new approach which worked out very well and was beneficial for all parties. This action demonstrated the meaningful co-operation between DFO and HA's.

In response to a question raised regarding whether the 7 harbours in Nunavut, if built, would be managed by HAs, Alan replied with a very clear "yes" and indicated that the Nunavut government was aware that should DFO proceed with the construction of these ports, they would need to be managed either by HA's or by the government of Nunavut or a combination of both.

Pacific (James Boland)

Handouts were distributed to all members providing an update on regional initiatives. Copies available upon request.

Kaye Love referred to the book entitled "Northern Harbors and Small Ports Operation and Maintenance" authored by Alan Sorum under the Alaska Sea Grant program which had been given to all members as part of the information package by the Pacific Region at the beginning of the meeting. Kaye indicated that she recently spoke with the author who indicated that he would be willing to share the intellectual rights to the book for SCH to "Canadianize" the content, have it translated into French, and provide copies to all HAs. SCH will continue to investigate this possibility as part of its work plan for this fiscal year. Alan Sorum is currently working on a photo glossary of harbour terms as well as developing a certification program for harbour managers. SCH HQ will also investigate the opportunity to become involved in this initiative to make it available to HA managers.

Luc Legresley recommended the following:

1. that the information regarding regional initiatives should be available on the SCH website. Kaye indicated that the NHAAC Summaries of Discussion were always posted on the Website and that contact information to obtain copies of presentations was included.
2. that all NHAAC meetings have a theme
3. that when NHAAC meetings are held in regions, there should be a joint NHAAC/RHAAC meeting of at least 1/2 days length.

(Discussion on the above items took place the following day.)

Situational Updates from NHAAC members

Bruce Benson/Drunken River

There was minor damage at their harbour this past year. A total of 30 boats berth in their commercial fishing harbour which operates in the spring and fall. D&O Insurance was a huge issue discussed at last year's FWHAAC meeting because the insurance issue had yet to be resolved.

Paul Ryan/Quadra Island:

Their HA, incorporated since 1995, manages 2 harbours - Quathiaski Cove and Herriot Bay. The communities survive on fishing, logging and aquaculture. The HA has been working towards improving their infrastructure, in part by working on increasing revenue generation. There has been an upgrade to the parking lot and they charge users $2.00 per day. They've upgraded their boat ramps and have started charging users "late fees". The HA has introduced a new "commercial" category, i.e. water taxis, log salvage boats, basically any "business" users of the harbour. Over the past year, they've been successful in getting some projects completed such as: upgrading the building at Herriot Bay and installing composting toilets; a major rebuilding of floats in both harbours which is still underway; drilling well and installing freshwater system on the dock at Herriot Bay; new building in Quathiaski Cove (approx. 1000 sq. ft) with office, conference room and washrooms; will lease out space to businesses to generate more revenue. They currently have a request in with SCH for more moorage space which will require dredging and to install pump-out stations. Their HA is very happy with the support from SCH Pacific Region.

Hiltje Binner/Port McNeill Harbour

Hiltje provided additional information regarding the proposed certification program being developed by Alan Sorum under the Alaska Sea Grant Program. Hiltje is the HAABC liaison to the Pacific Coast Congress and will be working with this group to move the initiative forward. She committed to providing additional information as it became available.

Hiltje advised that her HA is awaiting the appointment of a Harbour Manager for Port McNeill. SCH assisted them with their long-term business plan which was needed for a future project at the harbour, being co-shared with the Town of Port McNeill. There has been a downturn in the fishing industry with no more logging, but aquaculture is increasing, as well as eco-tourism.

Bonnie Morse/Grand Manan:

Southern New Brunswick is looking at an increase in client demands and in the age of infrastructure. The aquaculture industry is growing and causing increased congestion at their harbours. Since the Marshall decision, they've seen an increase in number and size of vessels. They are currently working on the port security issue with the Port of St. John and SCH in the region. Some vessels being displaced from the Port of St. John may need berthage at Grand Manan. A consultant has been hired to study this issue which must be addressed.

Osborne Burke/Ingonish:

Osborne mentioned a recent study entitled "One Plank at a Time - Volunteer Harbour Management in Nova Scotia", that was funded by the Coastal Community Network and Image Canada's Knoeledge Development Centre, which looked at "volunteer burn-out" at both SCH HA's, as well as at non-DFO harbours. Copies of this report may be obtained by contacting the Knowledge Development Centre (Telephone 416-597-2293 or email kdc@imaginecanada.ca) and quoting ISBN# 1-55401-215-5.

Osborne indicated that fee collection is increasingly becoming a problem in his area due to a downturn in the industry. D&O insurance is a huge issue for Maritimes as well.

Jock Beck/Montague Harbour:

Jock felt that formal training of harbour managers is an excellent idea. He expressed concerns regarding SCH staff changes and indicated that the permanent staffing of key senior management individuals currently in acting assignments should be a priority. He indicated that the government should put a push on the divestiture of harbours. He felt there are some that could go tomorrow without the need to spend money before divesting. He felt that rationalization is an option that could be considered, particularly where the costs of maintenance and/or dredging were high, but that might not be well accepted. He expressed some concerns about mussel aquaculture and its effects on the fishery.

Al Matthews/Wheatley Harbour:

There are 3 HA's on Lake Erie, Ontario. His area has the largest freshwater fishery with a landed value of approximately $11M compared to the total for the entire lake which is around $30M. There's an on-going siltation problem at the entrance of Wheatley Harbour; no major accidents have yet occurred, but he feels that they may. They, along with SCH, are pursuing a long-term solution. They now have a new office building where all 9 HA directors can be comfortably accommodated; this initiative was done in partnership with HRDC & SCH. They are almost near completion of their floating docks and new launch ramp, projects which utilized provincial grant money as well as their own funding.

Dave Tomasson/Hecla Harbour:

Hecla Harbour is located on Lake Winnipeg and has been in existence over 100 years. Although not originally an all-weather harbour upgrades have been made which have improved the wharf and can now be used in all weather. The regional annual FWHAAC conference is taking place 1^st week of May. Their FWHAAC executive meets twice a year. Dave expressed concern about their Region's inability to fully access capital funds due to the $1M threshold for Major Capital and the small size of their projects. He feels there has been progress with respect to the insurance issue and he will relay this to FWHAAC members at their upcoming meeting. They continue to have a good working relationship with SCH.

Morris Fudge/Burin:

They continue to raise the profile of HA's in their communities by the use of promotional tools such as their yearly calendar and letters to all volunteers. There was an article about the Newfoundland and Labrador conference that was held in Gander in the December 2005, volume 8, no. 12 Navigator Newsletter. Morris was photographed presenting a cheque for $600.00 to Tom Ford of the Gander and Area Food Bank, along with Bill Goulding, Regional Director of SCH, Newfoundland.

David Duffett/Catalina:

David indicated that elections for their Executive were staggered every two years.

Calvin Peach/Long Cove:

He commented that this was the first NHAAC meeting he had attended and that he was enjoying it very much. Their last regional HA conference stressed "safety concerns". Newsletters are sent to all HAs to communicate on what's going on and they feel this is an important means of keeping in touch, despite the costs. Their yearly calendar is a good way of promoting the HA program.

Luc Legresley/Newport:

Luc indicated that Quebec Harbour Authorities should be incorporated soon in their Region. They will be hiring a coordinator, to be funded by the province of Quebec, and this individual will assist in the formation of new HA's. They are currently working on a "uniform tariff system" which will take into consideration the length of boats and moorage space available. This would be advantageous in reducing operating costs. Their aim, as well, is to avoid "traffic jams" in the ports during fishing season; this may not be agreeable to everyone. They also wish to resolve "disparities" in moorage fees across Quebec. At the next NHAAC meeting in November, Quebec Region will present a report outlining the results of these initiatives.

Laurent Normand/Mont-Louis:

Laurent comes from a family of fishermen. This is his first NHAAC meeting and he appreciated being invited to participate. He expressed his concerns for the fishermen and the fact that we, as an "advisory body", cannot lose sight of how our recommendations will affect them. Laurent owns a processing plant and his wife is the secretary of their local HA. Laurent indicated it would be helpful to have an organizational structure which maps out where the fisherman is in the grand scheme of things.

ACTION REQUIRED: SCH to investigate the possibility of developing such an organizational structure.

Marvin Buckle/Old Fort Bay:

Marvin manages a small port on the lower North Shore which was rebuilt a few years ago. He feels the initiative in their Region to add two coordinator positions was a positive move. He has recently taken some computer training and feels strongly about continuing good lines of communication. There are several communities on the lower North Shore that do not have a DF0/SCH fishing harbour.

Ben Mabberley/Whaler Bay Harbour Authority:

Their HA manages two harbours. Fee collections continue to be problematic. He suggested SCH conduct a study of how fee collections are handled across the country He feels such a study would be very helpful to all HA's.

Conclusion of day 1

Mr. Bergeron stated that it was National Volunteers Week and that he wanted to remind all members that their volunteer membership of NHAAC was well recognized by DFO. He further commented that DFO is quite aware of their hard work for the good of the HA and for their communities.

On behalf of the Minister of Fisheries and Oceans Canada, Mr. Bergeron "sincerely thanked" all members for their valuable assistance. A Certificate of Appreciation and a wrist watch (engraved with their name & DFO identifier) were presented to all members of NHAAC by R. Bergeron and Kaye Love.

Mr. Bergeron also advised members that DFO/SCH will be developing a HA volunteer recognition program for all volunteers involved with HA's.

Review of Agenda - Day 2

Bruce Benson noted that the determination of agenda items for the next NHAAC meeting in November was missing from the agenda at the end of the day. All agreed to add this to the agenda.

Prior to commencing the day's formal agenda, the day commenced with a discussion on the suggestions raised by Luc Legresley the previous day. These were:

1. that the information presented during NHAAC meetings regarding regional initiatives should be available on the SCH website.
2. that all NHAAC meetings have a theme
3. that when NHAAC meetings are held in regions, there should be a joint NHAAC/RHAAC meeting of at least 1/2 days length.

As Kaye Love had indicated that the NHAAC Summaries of Discussion were always posted on the Website and that contact information to obtain copies of presentations was included, no further discussion on this item was required.

Regarding the second suggestion to have a theme for NHAAC meetings, this was accepted. Discussion on possible themes was deferred to the end of the day when agenda items for the next NHAAC meeting would be discussed.

With respect to the third suggestion, Robert reminded members that the next NHAAC meeting will be in Ottawa. The following meeting in April 2007 will take place in Newfoundland. It was agreed that the NHAAC/SCH Joint Executive, in conjunction with the RD, Nfld/Labrador, would discuss the possibility of overlapping the NHAAC and RHAAC meetings when they plan the agenda for that meeting.

Update from SCH - HQ

Communications Strategy

(Denise Lapratte joining by teleconference)

Denise Lapratte provided an update of this initiative. Two concepts for both the HA identifier and the pamphlet were reviewed and discussed and there was agreement to select the recommended versions. See Annex C for copies. There was a discussion about whether to use a quote from the current Minister in the pamphlet and it was agreed to leave this aspect in.

ACTION REQUIRED: each Regional HAAC member is to provide total number of pamphlets required for their region.

National Lease Review

(Denise Lapratte joining by teleconference)

Denise provided an update on this initiative. There was discussion about representation on the NHAAC sub-group, which currently included Luc Legresley of Quebec region and Bob Baziuk of Pacific Region only. NHAAC members agreed that there should be representation from all regions on this sub-group. Calvin Peach was identified as the representative for Newfoundland and representatives from C&A and Maritimes will be decided at their regional HAAC meetings to be held the following week. Denise indicated that the DFO lawyer who has been involved with the lease initiative since its inception has recently left DFO. His departure could impact the schedule of the Review given it may take time for the replacement lawyer to familiarize himself with the file.

ACTION REQUIRED: a conference call will be planned with new members to update everyone on this initiative; each Regional office is to send their representative's names to Denise Lapratte.

A suggestion from members was discussed: that the SCH mandate should be reflected in the new lease agreement. Members were advised that this "new lease agreement" will take some time to complete and that all changes/revisions must be reviewed by DFO Legal Counsel. The new DFO lawyer has been given all the documentation for his review/input.

Question from the members: when the lease is finalized, will all HA's be required to sign a new lease or only when their existing leases expire? The reply was that new lease agreements would be implemented when their current leases expire.

It was agreed upon by all members that the "implementation stage" for the new lease agreements (and sub-leases) will create a huge administrative workload. This issue will be discussed with each region at a future date.

The Habitat Management Program and the Environmental Process Modernization Plan

(Presentation by Bonnie Antcliffe, Manager, Habitat Management and Rob Russell, A/Sr. Habitat Biologist, South Coast Area, Pacific Region)

A handout was distributed to all members. There was an interesting discussion on Sections 35 & 36 of the Fisheries Act during which it was pointed out that "water quality" falls under Environment Canada, not DFO. Copies of the presentation are available upon request.

There was a substantive discussion regarding the relationship between habitat practitioners, biologists and Harbours personnel. It was felt that, often, habitat decisions were subjective and that more than one opinion could be given for the same project at the same harbour. It was agreed that increased consistency was required. Habitat is currently reviewing their risk management approach and standardizing the approach of identifying effects to habitat and mitigation. They are also looking at the sensitivity to habitat, i.e. spawning, and developing indicators for better assessment so that there is a standard, coherent decision-making process across the country.

Micheline Leduc indicated that she had attended a one-day session in Ottawa with Habitat Management that addressed these same issues of inconsistency and the imbalance of addressing habitat concerns. This dialogue between SCH and Habitat will continue and progress will be reported to NHAAC.

Osborne Burke reinforced the importance of consistency not only from region to region but also within a region consisting of several provinces. He stated that this was an issue in their region (i.e. oil/gas pollutions off-shore and related costs of clean-up) and that it was very important to standardize habitat policy/restrictions as soon as possible.

Bonnie Morse also felt that the emphasis should be on "high-risk fish habitat areas", rather than low-risk areas such as beaver dam removals. Members were advised that there are standardized forms for "low-risk areas"; for example, bridge maintenance can now proceed without a DFO review. This information and form can be accessed through the DFO website.

Other issues that were discussed included: the process required to "retract" a warning letter that was sent to Wheatley Harbour Authority; the Confederation Bridge in PEI and its impacts on fish habitat as well as the millions of dollars lost in the lobster fishery; and the concept of habitat credits.

Pacific Region Overview: James Boland

James began the presentation by stating that his aim was to give a better understanding of the Pacific Region partnering approach, as well as explaining the role of the B.C. Association of Harbour Authorities.

ACTION REQUIRED: Members request a copy of the licence referenced on slide 23 of the presentation that is used for contract workers doing work on harbour sites. Bob Baziuk agreed to provide a copy of these licences to SCH HQ, who will modify the document to remove references to Steveston Harbour such that it may be used by all HAs across Canada, should they wish to do so. A copy of the document, and other documents referred to during Bob's presentation, may be found in Annex E. (Note: approximate costs for these licences at Steveston Harbour is $125 per year).

Presentation on the Harbour Authority Association of BC (HAABC): Bob Baziuk

Bob announced that next year will be the Association's 10th Anniversary. The January 2007 Annual HAABC Conference will take place in Nanaimo, B.C. and invitations to that event will be sent to all NHAAC members.

A handout document on "Maritime Law" was distributed to all NHAAC members. This guide (compiled by Shelley Chapelski, a lawyer with the legal firm of Bromley Chapelski) was presented at the January 2006 HAABC conference in Comox.

Presentation on the Pacific Region Harbour Authority Advisory Committee (PRHAAC): Hiltje Binner

There was a brief discussion concerning Pacific Region HAAC's involvement with the Pacific Congress of Harbour Masters and Port Managers. Dave Thorne, of SCH Pacific Regional staff, has been a member of this Congress for the last 10 years. Hiltje is currently a member and also noted that two "voting" Directors on the Board of Pacific Congress are from B.C.

General comments from members were that the Pacific presentation was very impressive. The different approaches from east coast vs. west coast were noted. It was suggested that it would be very beneficial for members to understand all regional concerns by having similar presentations by all the regions.

NOTE: Copies of the above presentations are available upon request.

Wrap-Up

Jock commenced this session by offering his thanks on behalf of the regions to the translators, and to the Pacific Region for arranging such a wonderful meeting room, and location. He noted that it was one of the best facilities he had attended.

Bruce Benson expressed special thanks to Ange Logan who coordinated this successful event and presented her with a basket of flowers on behalf of the NHAAC.

Luc Legresley also commented on the success of this meeting and indicated he felt there was good progress on the Insurance file and that the NHAAC is moving forward on a number of key initiatives and that all members should "pat" themselves on the back. He expressed his thanks to Robert Bergeron and Bruce Benson as co-chairs and his support and respect for all participants.

Several other members also expressed their appreciation and thanks for a very good meeting; especially to James Boland and his SCH staff.

Next Meeting

Next NHAAC meeting is slated for November 22-24, 2006 in Ottawa; Spring meeting (possibly April, dates need to be verified due to other scheduling conflicts) will be in Newfoundland.

Proposed agenda items for the November meeting include: National Lease Review, Insurance and progress with HA Incorporation, and the Communications Strategy. Some suggestions for a "theme" for the next meeting were discussed: i.e. communications, enforcement, working together, team-work - together we achieve the extra-ordinary, moving forward together, moving into the future together, facing the future together, future accomplishments.

ACTION REQUIRED: NHAAC/SCH Joint Executive to decide upon a theme for the upcoming meeting when they prepare the agenda during one of their next Joint Executive meetings.

In closing, Robert Bergeron also extended his "thanks" to Pacific Region, particularly to Ange Logan, to Kaye Love & her staff, to Micheline and to Lisa Shore for taking these notes.

Motion to adjourn: 4:40 p.m.

Moved by Luc Legresley and seconded by Osborne Burke.

Annexes

• Annex A - NHAAC Executive Duties
• Annex B - NHAAC logo
• Annex C - HA pamphlet
• Annex E - Presentation by Bob Baziuk

Please contact SCH Headquarters for additional information, or for a copy of any of these documents.