Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (S.C. 1987, c. 3)

Marginal note:Qualifications

• 11 (1) No member of the Board shall, during the term of office of that member on the Board, be employed in the Public Service of Canada or be a civil servant in the Province.

• Marginal note:Definitions

  (2) In this section,

  civil servant

  civil servant has the same meaning as in the Provincial Act; (fonctionnaire)

  Public Service of Canada

  Public Service of Canada has the meaning given the expression public service in the Federal Public Sector Labour Relations Act, and includes any portion of the federal public administration designated by order in council pursuant to this subsection and for the purposes of subsection (1) as part of the Public Service of Canada. (administration fédérale)

Marginal note:Deemed consultation between governments re Chairperson

• 12 (1) Consultation between the two governments with respect to the selection of the Chairperson of the Board shall be deemed to commence

  • (a) six months prior to the expiration of the term of office of the incumbent Chairperson, or

  • (b) where applicable, on the date of receipt by the Board of notice of the death, resignation or termination of appointment of the incumbent Chairperson,

  whichever occurs earlier.

• Marginal note:Where no agreement on Chairperson

  (2) Where the two governments fail to agree on the appointment of the Chairperson of the Board within three months after the commencement of consultation between the governments, the Chairperson shall be selected by a panel, consisting of three members and constituted in accordance with this section, unless, at any time prior to the selection of the Chairperson by the panel, the two governments agree on the appointment.

• Marginal note:Appointment of members of panel

  (3) One member of the panel shall be appointed by each government within thirty days after the expiration of the three months referred to in subsection (2).

• Marginal note:Chairperson of panel

  (4) The chairperson of the panel shall be appointed

  • (a) jointly by the two members of the panel appointed pursuant to subsection (3) within thirty days after the later of the two appointments made pursuant to that subsection; or

  • (b) if the two members of the panel fail to agree on the appointment of the chairperson of the panel within the 30-day period referred to in paragraph (a), by the Chief Justice of Newfoundland and Labrador within 30 days after the expiration of that period.

• Marginal note:Selection of Chairperson of Board within 60 days

  (5) The Chairperson of the Board shall be selected by the panel within 60 days after the appointment of the chairperson of the panel.

• Marginal note:Decision of panel binding

  (6) The decision of the panel selecting a Chairperson of the Board is final and binding on both governments.

Marginal note:Salaries of joint appointees

• 13 (1) Subject to section 15, the salary and other terms and conditions of the appointment of the Chairperson of the Board or any other member or alternate member appointed by both governments, including the effective date of the appointment, shall be fixed by an order of the Federal Government and an order of the Provincial Government after agreement has been reached by both governments on the salary and other terms and conditions.

• Marginal note:Salaries of separate appointees

  (2) The salary and other terms and conditions of the appointment of any member appointed by either the Federal Government or the Provincial Government shall be agreed on by both governments.

Marginal note:Absence or incapacity of Chairperson

14 The Board shall designate a member to act as Chairperson of the Board during any absence or incapacity of the Chairperson or vacancy in the office of Chairperson, and that person, while acting as Chairperson, has and may exercise all of the powers and perform all of the duties and functions of the Chairperson.

Marginal note:Term of first Chairperson

• 15 (1) The first Chairperson of the Board shall be appointed for a term of seven years.

• Marginal note:Terms of first members

  (2) The first three members of the Board to be appointed by each government shall be appointed for terms of four, five and six years, respectively.

• Marginal note:Terms of office after initial term

  (3) On the expiration of the initial terms of office referred to in subsections (1) and (2), the Chairperson and members of the Board shall be appointed for terms of six years.

• Marginal note:Good behaviour

  (4) A member of the Board, including the Chairperson, shall hold office during good behaviour, but may be removed for cause

  • (a) where the member is appointed by either government, by that government; or

  • (b) where the member is appointed by both governments, by both governments.

• Marginal note:Re-appointment

  (5) On the expiration of a term of office, the Chairperson or a member of the Board is eligible for re-appointment for one or more further terms.

Marginal note:Conflict of interest guidelines

• 16 (1) Members of the Board, including the Chairperson, and the Chief Executive Officer appointed pursuant to section 24 shall be subject to conflict of interest guidelines established jointly by the Federal Minister and Provincial Minister and are not subject to any conflict of interest guidelines established by the Federal Government.

• Marginal note:Insurance

  (2) The Board shall purchase and maintain insurance for the benefit of a person who is a present or former member, officer or employee of the Board, and the heirs or legal representatives of that person, against any liability incurred by that person in the capacity as such a member, officer or employee, except where the liability relates to a failure to act honestly and in good faith with regard to the best interests of the Board.

• Marginal note:Expenditures for insurance

  (3) For greater certainty, the expenditures of the Board associated with purchasing and maintaining the insurance referred to in subsection (2) shall form part of the budget or revised budget of the Board in respect of a fiscal year.

• Marginal note:Power to indemnify

  (4) Notwithstanding subsection (2), where the Board has established to the satisfaction of the Federal Minister the impossibility of purchasing and maintaining the insurance referred to in subsection (2), the Government of Canada shall, subject to subsection (6), indemnify a person who is a present or former member, officer or employee of the Board, or the heirs or legal representatives of that person, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of any civil, criminal or administrative action or proceeding to which that person is a party by reason of being or having been such a member, officer or employee, if that person

  • (a) acted honestly and in good faith with a view to the best interests of the Board; and

  • (b) in the case of any criminal or administrative action or proceeding that is enforced by a monetary penalty, believed, on reasonable grounds, that the conduct in issue was lawful.

• Marginal note:Additional Coverage

  (5) Where the Board has purchased and maintained insurance referred to in subsection (2), the Government of Canada shall indemnify a person referred to in that subsection, or the heirs or legal representatives of that person, for any liability incurred by that person in accordance with this section to the extent that the insurance purchased for the benefit of that person does not cover such liability.

• Marginal note:Amount to settle an action

  (6) The Government of Canada is not obliged to indemnify anyone pursuant to subsection (4) against an amount paid to settle an action unless the amount so paid was approved by the Government of Canada.

• Marginal note:Both governments share costs of indemnification

  (7) Where the Government of the Province has indemnified a person referred to in subsection (4), or the heirs or legal representatives of that person, pursuant to section 16 of the Provincial Act, the Government of Canada may pay to the Government of the Province one-half of the amount so indemnified.

• Marginal note:Payable out of Consolidated Revenue Fund

  (8) Any amount payable in respect of indemnification under this section may be paid out of the Consolidated Revenue Fund.

Functions of Board

Marginal note:Functions of Board

• 17 (1) The Board shall perform such duties and functions as are conferred or imposed on the Board by or pursuant to the Atlantic Accord or this Act.

• Marginal note:Proposed amendments

  (2) The Board may make recommendations to both governments with respect to proposed amendments to this Act, the Provincial Act and any regulations made under those Acts.

Marginal note:Access to information by governments

• 18 (1) The Federal Minister and the Provincial Minister are entitled to access to any information or documentation relating to petroleum resource activities in the offshore area that is provided for the purposes of this Act or any regulation made thereunder and such information or documentation shall, on the request of either Minister, be disclosed to that Minister without requiring the consent of the party who provided the information or documentation.

• Marginal note:Applicable provision

  (2) Section 119 applies, with such modifications as the circumstances require, in respect of any disclosure of information or documentation or the production or giving of evidence relating thereto by a Minister as if the references in that section to the administration or enforcement of a Part of this Act included references to the administration or enforcement of the Provincial Act or any Part thereof.

Administration

Marginal note:Meetings of Board

19 A meeting of the Board shall be held

• (a) once every month unless the members of the Board unanimously agree to defer such a meeting; and

• (b) at any other time

  • (i) at the call of the Chairperson of the Board,

  • (ii) on the request of any two members of the Board, or

  • (iii) on the request of the Federal Minister or the Provincial Minister to review any matter referred to it by that Minister.

Marginal note:Quorum

• 20 (1) Four members constitute a quorum of the Board.

• Marginal note:Majority vote

  (2) Where, in the absence of unanimous agreement, a vote is required to be taken in respect of a decision of the Board, the decision shall be made on the basis of a majority vote of the members of the Board.

Marginal note:Location of offices and staff

21 The principal office and staff of the Board shall be located in the Province.

Marginal note:Storage of information

22 The Board shall establish, maintain and operate a facility in the Province for the storage and curatorship of all geophysical records and geological and hydrocarbon samples relating to the offshore area.

Marginal note:By-laws and guidelines

23 Subject to this Act and the Atlantic Accord, the Board may

• (a) make by-laws respecting

  • (i) the members, officers and employees of the Board,

  • (ii) the attendance and participation, including voting rights, at meetings of the Board of alternate members of the Board appointed pursuant to subsection 10(5),

  • (iii) the manner of appointing the officers and employees of the Board on the basis of selection according to merit, including the holding of open competitions therefor,

  • (iv) the procedures to be followed in the performance of any of the duties and functions of the Board,

  • (v) the conduct of meetings of the Board,

  • (vi) the manner of dealing with matters and business before the Board, and

  • (vii) generally, the carrying on of the work of the Board and the management of the internal affairs thereof; and

• (b) establish conflict of interest guidelines respecting persons employed by the Board pursuant to subsection 25(1).

Marginal note:Chief Executive Officer

• 24 (1) There shall be a Chief Executive Officer of the Board who

  • (a) where both the Federal Government and the Provincial Government appoint the Chairperson as Chief Executive Officer, is the Chairperson of the Board; or

  • (b) in any other case, is to be appointed by the Board by means of an open competition.

• Marginal note:Approval required

  (2) The appointment of a Chief Executive Officer pursuant to paragraph (1)(b) is subject to the approval of both governments.

• Marginal note:Panel to choose Chief Executive Officer in the absence of agreement

  (3) Where either government fails to make an appointment pursuant to paragraph (1)(a) or to approve the appointment of a Chief Executive Officer pursuant to paragraph (1)(b), the Chief Executive Officer shall be appointed by both the Federal Government and the Provincial Government after having been selected in accordance with section 12 and that section applies, with such modifications as the circumstances require, to the selection of the Chief Executive Officer.

• Marginal note:Application of subsection 13(1)

  (4) Subsection 13(1) applies, with such modifications as the circumstances require, to the appointment of the Chief Executive Officer pursuant to paragraph (1)(a) or subsection (3).

• Marginal note:Absence or incapacity of Chief Executive Officer

  (5) The Board shall designate a person to act as Chief Executive Officer during any absence or incapacity of that Officer or vacancy in the office of Chief Executive Officer and that person, while acting as Chief Executive Officer, has and may exercise all the powers and perform all of the duties and functions of that office.

Marginal note:Staff of the Board

• 25 (1) The Board may, on the recommendation of the Chief Executive Officer, employ such other officers and such employees as are necessary to properly perform the duties and functions of the Board under this Act and the Atlantic Accord.

• Marginal note:Method of selection

  (2) The appointment of every person employed pursuant to subsection (1) shall be based on selection according to merit.

• Marginal note:Presumption

  (3) Except as provided in subsection (4), every person employed pursuant to subsection (1) is deemed not to be employed in the federal public administration or the public service of the Province.

• Marginal note:Mobility of staff

  (4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act,

  • (a) any person who, immediately prior to being employed by the Board, was employed in the public service shall be deemed to be a person employed in the public service in the Department of Energy, Mines and Resources in the location where that person is performing duties for the Board and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Board; and

  • (b) any person who, immediately prior to being employed by the Board, was not employed in the public service shall, two years after being employed by the Board, be deemed to be a person employed in the public service in the Department of Energy, Mines and Resources in the location where that person is performing duties for the Board and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Board.

• Marginal note:Application of Newfoundland and Labrador legislation

  (4.1) Newfoundland and Labrador social legislation as defined in subsection 205.001(1), the provisions of the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, and the provisions of the Occupational Health and Safety Act, R.S.N.L. 1990, c. O-3, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1).

• Marginal note:Non-application of Canada Labour Code

  (4.2) Despite section 4 and subsections 123(1) and 168(1) of the Canada Labour Code, that Act does not apply to persons employed under subsection (1).

• Marginal note:Definition of public service

  (5) In this section, public service has the same meaning as in the Federal Public Sector Labour Relations Act.