xʷməθkʷəy̓əm Stewardship and Marine Management Agreement

Whereas

1. On February 20, 2026, Musqueam and CIRNAC, on behalf of Canada entered into the šxʷq̓ʷal̕təl̕tən – A Rights Recognition Agreement;
2. The Parties are committed to continuing the transformative change achieved through the šxʷq̓ʷal̕təl̕tən Agreement and the Incremental Implementation Agreements.
3. Stewardship and marine management was identified as priority topic in the 2017 Framework for the Recognition and Implementation of Musqueam Rights and Title and is identified as a potential Incremental Implementation Measure in the šxʷq̓ʷal̕təl̕tən Agreement.
4. The Parties agree the Parties' roles in marine safety, emergency and environmental management, and stewardship activities are fundamental components to the incremental implementation of Musqueam's Rights and Title within Musqueam Territory.
5. It is Musqueam's perspective that historic stewardship and marine management by the Crown on the Pacific coast of Canada, cumulative effects from industrial development, and global climate change are contributing factors to declining resources and adverse impacts upon important habitat.
6. The Parties share interests in protecting and conserving ecosystems and will collaborate to address factors contributing to declining resources and adverse impacts to important habitat within Musqueam Territory.
7. The Parties agree that it is beneficial to share information and consider Musqueam Indigenous Knowledge as part of Collaborative Governance and Management.
8. Musqueam has developed a Marine Emergency Management Plan, which guides how Musqueam prepares for, responds to and recovers from marine emergencies, and collaborates with Canadian Coast Guard and other organizations in implementing and maintaining the Greater Vancouver Integrated Response Plan.
9. Canada supports Musqueam's continued and enhanced leadership role in stewardship and marine management in the lands and waters of Musqueam Territory, including Collaborative Governance and Management.
10. The Parties are entering into this Incremental Implementation Agreement to provide Musqueam with an enhanced role in relation to marine safety, emergency and environmental management and stewardship activities in Musqueam Territory as set out herein.

IN CONSIDERATION of the mutual agreements contained in this Agreement and other good and valuable consideration, the Parties acknowledge and agree as follows:

Definitions

1.1 Capitalized words or phrases that are not defined anywhere in this Agreement, or in its recitals will have the meaning ascribed in the šxʷq̓ʷal̕təl̕tən Agreement.

1.2 In this Agreement and the Preamble:

1. "šxʷq̓ʷal̕təl̕tən Agreement" means šxʷq̓ʷal̕təl̕tən – A Rights Recognition Agreement entered into between Musqueam and Canada;
2. "Fisheries Agreement" means xʷməθkʷəy̓əm Fisheries Agreement entered into between Musqueam and Canada;
3. "Agreement" means this xʷməθkʷəy̓əm Stewardship & Marine Management Agreement;
4. "Collaborative Governance and Management Arrangements" means government-to-government arrangements between the Parties that support the Parties in:
   1. jointly exercising their authorities and responsibilities; and
   2. working co-operatively in the exercise of their respective jurisdictions, as appropriate,
5. including working together on planning, decision-making, and management, and the implementation of policies, programs, standards and laws;
6. "Consensus" means that, although Parties may not support every aspect, they have reached an agreement that satisfies their major interests and addresses their significant concerns to the extent that all can support it;
7. "Critical Habitat" means "critical habitat" as defined in the Species at Risk Act S.C. 2002, c. 29.
8. "Crown" means the Crown in right of Canada represented collectively by federal departments and agencies and their respective Ministers, employees and agents;
9. "Effective Date", means the date the Agreement comes into force upon the last signature for execution being made;
10. "FDDIPI" means the Final Domestic Demand Implicit Price Index for Canada published regularly by Statistics Canada or its replacement as defined by Statistics Canada;
11. "Indigenous Protected and Conserved Areas (IPCAs)" are areas identified by an Indigenous Nation, including by Musqueam, as deemed appropriate for social, cultural, spiritual, ceremonial practices, and traditional use for future generations;
12. "Marine Emergency Management Working Group" means the working group established under Part 5 and detailed in Part 7;
13. "Migratory Bird" means "migratory bird" as defined under the Migratory Birds Convention Act, 1994 enacted further to international conventions and, for greater certainty, includes their eggs and inedible by-products, such as feathers and down.
14. "Musqueam-Canada Fisheries and Marine Management Advisory Committee" and "Advisory Committee" mean the forum established under Part 5 of the Fisheries Agreement;
15. "Musqueam Heritage Resources" means the manifestations of Musqueam's culture, including those passed from Musqueam ancestors, for which there is an onus to protect and maintain for future generations;
16. "Musqueam Indigenous Knowledge (MIK)" means knowledge which has been transmitted from generation to generation, which is regarded as belonging to Musqueam individuals, families, communities or Musqueam as a whole. Though rooted in the past, MIK continues to expand and evolve with time;
17. "Musqueam Marine Emergency Management Plan" is the framework designed by Musqueam for internal and external decision-makers, planners, and first responders when dealing with pollutant substance spill emergencies within Musqueam territory;
18. "Musqueam Stewardship Fund" means the fund established pursuant to Part 9;
19. "Musqueam Territory" has the meaning set out in Preamble B of the šxʷq̓ʷal̕təl̕tən Agreement;
20. "Musqueam Rights and Title" means the existing Aboriginal rights of Musqueam including title as recognized and affirmed by section 35 of the Constitution Act, 1982;
21. "Rights and Title" means the rights recognized and affirmed by section 35 of the Constitution Act, 1982; and for greater certainty includes Aboriginal title and self-government rights;
22. "Species at Risk" means "species at risk" as defined in the Species at Risk Act S.C. 2002, c. 29;
23. "Stewardship and Marine Management Working Group" means the working group established under 5.2;
24. "The Greater Vancouver Integrated Response Plan" for Marine Pollution Incidents is a guide for multi-agency response to marine pollution incidents of potential significance in British Columbia in the waters surrounding the Greater Vancouver Area;
25. "UN Declaration" means the United Nations Declaration on the Rights of Indigenous Peoples that was adopted by the General Assembly of the United Nations as General Assembly Resolution 61/295 on September 13, 2007.

Interpretations

1. 1.3 In this Agreement:
   1. a reference to any Party includes that Party’s successors and permitted assigns;
   2. headings and subheadings within this Agreement are for convenience only and do not form part of this Agreement or affect its interpretation;
   3. a reference to a statute or a regulation includes every amendment to it, any laws enacted in substitution of it or in replacement of it and every regulation made under that statute;
   4. unless the context requires otherwise, the use of the singular will include the plural, and the use of the plural will include the singular;
   5. "includes" and "including" mean includes or including, but not limited to; and
   6. where a word is defined in this Agreement or described in this paragraph, other parts of speech and grammatical forms of the same word have corresponding meanings.

Stewardship and Marine Management Working Group

1. 5.2 The Stewardship and Marine Management Working Group is established and will:
   1. consist of policy or management representatives appointed by each of the Parties;
   2. be guided by the Purpose in Part 2, the Fundamental Principles in Part 3, and the Shared Objectives and Responsibilities in Part 6;
   3. be governed by the terms of reference to be established by the Parties; and
   4. operate by Consensus.

Marine Emergency Management Working Group

1. 5.3 The Marine Emergency Management Working Group is established and will:
   1. consist of policy or management representatives appointed by each of the Parties;
   2. be guided by the Purpose and Fundamental Principles sections in Parts 2 and 3 and the Shared Objectives and Responsibilities sections in Part 7;
   3. be governed by the terms of reference to be established by the Parties; and
   4. operate by Consensus.

Technical Teams

1. 5.4 Technical teams may be established by the Stewardship and Marine Management Working Group and the Marine Emergency Management Working Group where necessary and as agreed to by the Parties.
2. 5.5 The Parties will jointly reassess the governance structures set out in this Part after two years of the Effective Date and periodically thereafter to evaluate needs for particular structures.

Purpose

1. 6.1 The purpose of the Stewardship and Marine Management Working Group is to create a venue for the Parties to support the implementation of this Agreement and to work collaboratively to advance the objectives below.

Shared Objectives

1. 6.2 The objectives of the Stewardship and Marine Management Working Group will include the following:
   1. conserve, protect and enhance the marine and terrestrial environment within Musqueam Territory;
   2. protect Musqueam Heritage Resources to ensure cultural connectivity, sense of place and identity, transmission of knowledge for current and future generations;
   3. ensure effective environmental awareness, including supporting, sustaining, and communicating Musqueam Indigenous Knowledge, traditional land uses, and the relationships of Musqueam with the land, water, fish and other wildlife;
   4. use expertise from both Parties’ knowledge systems to the satisfaction of both Parties, to address joint priorities, and carry out activities covered by this Agreement, while safeguarding against the exploitation or misuse of Musqueam Indigenous Knowledge; and
   5. enhance communication and collaboration between the Parties on stewardship and marine management matters to create stability and predictability.

Responsibilities

1. 6.3 The Stewardship and Marine Management Working Group will work collaboratively to:
   1. identify stewardship and marine management issues;
   2. examine strategies for establishing appropriate stewardship co-management arrangements for conservation, enhancement, monitoring, and compliance and enforcement;
   3. develop terms of reference, work plans, protocols, processes, joint communication plans and progress reports;
   4. review and develop management plans related to topics of shared interest;
   5. support economic opportunities, training, capacity building, and research activities;
   6. provide guidance, advice, and input into the work of the Fisheries Working Group and Marine Emergency Management Working Group and any technical teams as required;
   7. provide technical support, advice, and recommendations including for laws, policies, and regulations to the Advisory Committee as required; and
   8. other subjects as agreed to by the Parties.

Priority Topics

1. 6.4 The Stewardship and Marine Management Working Group will be ya:y̓əstəl̕ (working together) to advance priority topics within Musqueam Territory, including:
   1. the conservation, restoration and habitat protection of;
      1. protected and conserved areas;
      2. Indigenous Protected and Conserved Areas (IPCAs);
      3. Species at Risk and Critical Habitat; and
      4. Migratory Birds.
   2. fish and fish habitat enhancement;
      1. restoration, mitigation, and rehabilitation.
   3. environmental monitoring;
      1. water quality monitoring; and
      2. cumulative effects monitoring.
   4. compliance and enforcement, as related to the above topics; and
   5. other priorities and interests as agreed to by the Parties.

Work Plans

1. 6.5 The Stewardship and Marine Management Working Group will develop work plans as required to coordinate activities that the Parties intend to undertake together. The work plans will:
   1. include responsibilities, resources, required funding, and timeframes; and
   2. be brought to each Party’s authorities for information, discussion, and approval, as required.

Purpose

1. 7.1 The purpose of the Marine Emergency Management Working Group is to create a venue for the Parties to support the implementation of this Agreement and to work collaboratively to advance the objectives below.

Shared Objectives

1. 7.2 The objectives of the Marine Emergency Management Working Group will include the following:
   1. protect the marine environment within Musqueam Territory;
   2. protect Musqueam Heritage Resources to ensure cultural connectivity, sense of place and identity, transmission of knowledge for current and future generations;
   3. build capacity in marine incident preparedness and response to support leveraging the Parties’ resources;
   4. enhance communication and collaboration between the Parties on marine emergency management matters to create stability and predictability and to build relationships between response partners; and
   5. resolve gaps, provide for coordinated, culturally appropriate response plans, and familiarize each other with respective response techniques and procedures.

Responsibilities

1. 7.3 The Marine Emergency Management Working Group will be responsible for working collaboratively to:
   1. review the previous year’s workplan and jointly revise the upcoming year’s workplan;
   2. implement required training and consider exercises within Musqueam territory;
   3. reflect upon, revise, and align where necessary the xʷməθkʷəy̓əm Marine Emergency Management Plan, Greater Vancouver Integrated Response Plan, and any other emergency management related plans as jointly agreed upon by the Parties as part of this Agreement;
   4. examine priority topics;
   5. explore geographic areas of concern;
   6. develop terms of reference, protocols for communication and other matters, and progress reports as required;
   7. perform a learning review following a joint incident response, commencing within 30-60 days post incident completion;
   8. provide guidance, advice, and input into the work of the Fisheries Working Group and Marine and Stewardship Management Working Group and any technical teams as required; and
   9. provide technical support, advice, and recommendations including for laws, policies, and regulations to the Advisory Committee as required.

Priority Topics

1. 7.4 The Marine Emergency Management Working Group will be ya:y̓əstəl̕ (working together) to advance priority topics including:
   1. economic opportunities, such as enabling contracting of Musqueam personnel and members;
   2. participation in other response opportunities, such as a community response partner or potential for certification as a response organization;
   3. developmental opportunities, including outside of Musqueam territory in the broader response community;
   4. maritime search and rescue;
   5. wrecked, abandoned, and hazardous vessel cleanup;
   6. ghost gear cleanup;
   7. other pollutant spills; and
   8. other priorities and interests as agreed to by the Parties.

Work Plans

1. 7.5 The Marine Emergency Management Working Group will develop a 1- or 2-year work plan, to coordinate activities the Parties intend to undertake together. The work plan will:
   1. include responsibilities, resources, complementary funding as required, and timeframes;
   2. be brought to the Advisory Committee for information and discussion, under each Party’s respective authorities, as required; and
   3. be implemented through the Marine Emergency Management Working Group under the oversight of the Advisory Committee.

Nature and Status of the Agreement

1. 12.1 This Agreement does not constitute a treaty or lands claims agreements within the meaning of section 25 or 35 of the Constitution Act, 1982.
2. 12.2 This Agreement does not create, amend, define, establish, abrogate or derogate from Musqueam’s Rights and Title.
3. 12.3 This Agreement is to be construed as upholding Rights and Title, including Musqueam’s Rights and Title, and not as abrogating or derogating from them.
4. 12.4 Nothing in this Agreement will be construed as prejudicing, limiting or restricting either Party’s position with respect to Rights and Title, including Musqueam’s Rights and Title.
5. 12.5 This Agreement is without prejudice to the resolution of Musqueam’s Rights and Title through negotiation or other processes.
6. 12.6 In the event of a conflict or inconsistency between a provision of this Agreement and a provision of the šxʷq̓ʷal̕təl̕tən Agreement, the provisions of this Agreement will prevail to the extent of the conflict or inconsistency.

Other Programs

1. 12.7 This Agreement does not preclude Musqueam from accessing any funding, program or initiative related to stewardship or marine management that Canada may normally make available to Indigenous communities, provided they do not duplicate funding associated with implementation of this Agreement.
2. 12.8 Nothing in this Agreement or its implementation will be interpreted as or is intended to preclude the Parties from engaging in other reconciliation-related processes, discussions, negotiations, arrangements or agreements in accordance with the applicable criteria, policies and terms as applicable from time to time.

Other Aboriginal People

1. 12.9 Nothing in this Agreement recognizes or provides any Rights and Title for any other aboriginal people or affects any Rights and Title of such other aboriginal people.

Consultation

1. 12.10 The Parties acknowledge that Canada has a legal duty to consult and, if appropriate, accommodate other First Nations whose Rights and Title may be adversely impacted by contemplated Crown conduct resulting from the arrangements contemplated by this Agreement.
2. 12.11 Canada acknowledges that it has a duty to consult and, if appropriate, accommodate Musqueam regarding contemplated Crown conduct that may adversely impact Musqueam's Rights and Title.
3. 12.12 If a duty to consult Musqueam is triggered, but Canada reasonably believes that an emergency exists, it may act immediately to respond to that emergency.
4. 12.13 Canada will give notice to Musqueam of its intent to implement any measure to respond to an emergency, including the reasons for the measure:
   1. before the measure is implemented if it is practicable to do so; or
   2. as soon as practicable after the measure is implemented.
5. 12.14 Should the duty to consult Musqueam arise from activities proposed under this Agreement, the Parties may develop a specific consultation process agreed to by the Parties.
6. 12.15 Musqueam šxʷtəhim̓ (manners and customs) may assist or inform Canada in discharging its obligations pursuant to section 35 of the Constitution Act, 1982 to Musqueam and other First Nations.

No Implied Waiver

1. 12.16 Any waiver of:
   1. a provision of this Agreement;
   2. the performance by a Party of an obligation under this Agreement; or
   3. a default by a Party of an obligation under this Agreement,
2. will be in writing and signed by the Party giving the waiver and will not be a waiver of any other provision, obligation or subsequent default.

Assignment, Successorship, and Enurement

1. 12.17 Unless otherwise agreed to by the Parties, this Agreement may not be assigned either in whole or in part by any Party.
2. 12.18 This Agreement will enure to the benefit of and be binding upon the Parties and their respective permitted successors.
3. 12.19 For greater certainty, this Agreement will enure to the benefit of any Musqueam government that is the sole successor to the Musqueam Indian Band for the purposes of this Agreement and any rights, title, interest, assets, obligations and liabilities pertaining to this Agreement will be vested in the Musqueam government.

Validity

1. 12.20 If any part of this Agreement is determined to be void or unenforceable at law:
   1. the invalidity of that part will not affect the validity of the remainder, which will continue in full force and effect and be construed as if this Agreement had been executed without the invalid part; and
   2. the Parties will negotiate and attempt to reach agreement on a replacement for the part declared or held invalid with a view to achieving the intent of the Parties as expressed in this Agreement.

Severability

1. 12.21 Any provision of this Agreement which is prohibited or unenforceable in whole or in part will be ineffective to the extent of such prohibition and unenforceability and will be severed from the balance of this Agreement, all without affecting the remaining provisions of this Agreement.

Amendments

1. 12.22 The Agreement may be amended or terminated by written agreement of the Parties.

Agreement is Binding

1. 12.23 This Agreement is binding on the Parties and the Parties are entitled to rely on this Agreement.
2. 12.24 This Agreement may be entered into by each Party signing a separate copy of this Agreement (including a photocopy or facsimile copy) and delivering it to the other Parties by electronic transmission.

Execution in Counterparts

1. 12.25 This Agreement may be executed in counterparts and by facsimile or electronic signature. Each signature will be deemed to be an original signature and all executed documents together will constitute one and the same document.
2. 12.26 A signed counterpart may be delivered to the other Party by facsimile transmission or by electronic transmission. An "electronic signature" includes electronically scanned and transmitted versions of an original signature. Signed counterparts held by a party, taken together, will constitute one and the same instrument.

Notice

1. 12.27 Unless otherwise set out in this Agreement, a communication will be in writing and delivered:
   1. personally or by courier;
   2. by email;
   3. by mail using a method for which confirmation of delivery is provided; or
   4. by any other means as agreed by the Parties.
2. 12.28 A communication is considered to have been given, made or delivered, and received at the start of the next business day after it is delivered to the applicable Party or to the address provided by the applicable Party.
3. 12.29 The Parties will provide to each other addresses for delivery of communications under this Agreement and, in accordance with section 12.31, will deliver a communication to the address provided by each other Party.
4. 12.30 A Party may change its contact information by giving notice of the change to the other Party.
5. 12.31 If no other address for delivery of a particular communication has been provided by a Party, a communication will be delivered, or mailed to the address of the intended recipient as set out below:
   • Crown-Indigenous Relations and Northern Affairs
     • Attention: Director, Modern Treaty Management British Columbia
     • 600-1138 Melville Street
     • Vancouver, British Columbia
     • V6E 4S3
   • Environment and Climate Change Canada
     • Attention: Associate Regional Director General, West & North Region
     • 101 – 401 Burrard Street
     • Vancouver, British Columbia
     • V6C 3R2
   • Fisheries and Oceans Canada
     • Attention: Regional Director, Policy, Programs & Partnerships
     • 200-401 Burrard Street
     • Vancouver, British Columbia
     • V6C 3S4
   • Canadian Coast Guard
     • Attention: Assistant Commissioner, Canadian Coast Guard Western Region
     • 25 Huron Street
     • Victoria, British Columbia
     • V8V 4Z9
   • Transport Canada
     • Attention: Regional Director, Programs - Pacific
     • 820 - 800 Burrard Street
     • Vancouver, British Columbia
     • V6Z 2J8
   • For Musqueam:
     • Attention: Chief and Council
     • 6735 Salish Drive
     • Vancouver, British Columbia
     • V6N 4C4