NLR 2/22 - Advisory Council Regulations under the Management of Greenhouse Gas Act

NEWFOUNDLAND AND LABRADOR REGULATION 2/22 Advisory Council Regulations under the Management of Greenhouse Gas Act (Filed January 20, 2022) Under the authority of section 29 of the Management of Greenhouse Gas Act, I make the following regulations. Dated at St. John’s, January 18, 2022. Bernard Davis Minister of Environment and Climate Change REGULATIONS Analysis 1. Short title 2. Definitions 3. Advisory council meetings 4. Committees 5. Confidential information 6. Conflict of interest Short title 1. These regulations may be cited as the Advisory Council Regulations . 2/22 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Management of Greenhouse Gas Act ; (b) "advisory council" means the advisory council to the Newfoundland and Labrador Greenhouse Gas Reduction Fund appointed in accordance with section 8 of the Act; (c) "application" means an application for payment from the fund submitted in accordance with section 7 of the Act; (d) "chairperson" means the member of the advisory council designated in accordance with subsection 8(3) of the Act; (e) "cohabiting partner" means an individual with whom a member is living in a conjugal relationship outside of marriage for not less than one year; (f) "conflict of interest" means a situation in which a member or a relative of a member is, or is perceived to be, influencing or advancing a private interest; (g) "member" means, unless the context indicates otherwise, a member of the advisory council; (h) "private interest" means (i) an asset, loan, liability or financial interest, (ii) a source of income, (iii) a contractual agreement with a corporation or association, or (iv) employment with a corporation or association, including a position of director or officer; (i) "proposal" means a document prepared by the advisory council relating to how money which has remained in the fund for more than 5 years should be used to achieve a verifiable reduction in greenhouse gas emissions; (j) "relative" means (i) a spouse or cohabiting partner, (ii) a child, step-child, parent, step-parent, sibling, step-sibling, parent-in-law, sibling-in-law, grandparent, grandchild, aunt, uncle, niece and nephew of the member, and (iii) an individual not referred to in subparagraphs (i) and (ii) that resides with the member; and (k) "spouse" means an individual to whom a member is married, unless the individual and the member have made a separation agreement or their support obligations and family property have been dealt with by a court order. 2/22 s2 Back to Top Advisory council meetings 3. (1) The advisory council shall meet at least once a year. (2) The advisory council may conduct its meetings in person, by video conference, by teleconference or by other telecommunication device as long as, at a meeting, all participants may communicate simultaneously and instantaneously. (3) A member participating in a meeting by videoconference, teleconference or other telecommunication device shall be counted as a member present at the meeting for the purpose of establishing a quorum. 2/22 s3 Back to Top Committees 4. (1) The advisory council may establish committees to provide recommendations to the advisory council respecting the matters referred to in subsection (2). (2) Committees may be established to (a) assess applications for funding; (b) make recommendations respecting the use of the money that has remained in the fund for more than 5 years; and (c) consult, where requested by the minister, with experts retained by the minister in accordance with section 9 of the Act. (3) The chairperson of the advisory council shall not be a member of a committee established under this section. 2/22 s4 Back to Top Confidential information 5. A member shall (a) keep confidential all information that comes to the attention of the member in the exercise of the member's powers and duties under the Act and these regulations; and (b) sign a non-disclosure agreement in the form set by the minister. 2/22 s5 Back to Top Conflict of interest 6. (1) A member who has reasonable grounds to believe that the member has a conflict of interest in relation to an application or a proposal shall not have any involvement with the application or proposal and shall disclose, in writing, the nature of the conflict of interest to (a) the chairperson; or (b) the minister, where the member of the advisory council is the chairperson. (2) Notwithstanding subsection (1), the chairperson or minister, as applicable, may allow a member referred to in subsection (1) to be involved in an application or proposal for which the person has disclosed a conflict of interest where (a) the member is an employee of a corporation that has a contract to complete a verification report for an industrial facility that has submitted an application or is the subject of a proposal and the member establishes, to the satisfaction of the chairperson or minister, as applicable, strategies to mitigate the conflict of interest; or (b) a relative of the member is an employee of, or provides services for, a corporation that has submitted an application or is the subject of a proposal and the member demonstrates, to the satisfaction of the chairperson or minister, as applicable, that the relative will not directly benefit if the application or proposal is approved. 2/22 s6