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Environmental Protection Review Canada
Memorandum of Understanding
Memorandum of Understanding
Memorandum of Understanding Between the Minister of the Environment of
Canada and the Chief Review Officer
The parties to this Memorandum of Understanding agree to the
following:
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Introduction
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1.1 Purpose of Memorandum of
Understanding
The purpose of this Memorandum of Understanding
("MOU") is to clarify the operational,
administrative, financial, auditing and reporting
relationships of the parties.
This MOU and the legislation governing Environmental
Protection Review Canada ("EPRC") shall be used
together to determine how the EPRC should govern itself.
This MOU does not affect, modify, limit or interfere with
the responsibilities of the parties under law.
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1.2 Parties
The Parties to this MOU are the Minister of the
Environment and the Chief Review Officer.
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1.3 Definitions
In this MOU:
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"CEPA, 1999" refers to the Canadian
Environmental Protection Act, 1999;
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"Chief Review Officer" refers to the Chief
Review Officer appointed under Section 244 of the
Canadian Environmental Protection Act, 1999;
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"Assistant Deputy Minister" refers to the
Assistant Deputy Minister, Human Resources and
Service Innovation of Environment Canada;
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"EC" refers to Environment Canada;
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"Government" refers to the Government of
Canada;
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"EPRC" refers to Environmental Protection
Review Canada, an organization consisting of the
Chief Review Officer, Review Officers and supporting
staff; and,
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"Minister" refers to the Minister of the
Environment.
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1.4 EPRC's Legislative Authority and
Mandate
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1.4.1 The legislative authority of the Chief Review
Officer and of the Review Officers is set out in
CEPA, 1999.
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1.4.2 The Parties recognize that the principal
mandate of EPRC is to provide fair, impartial,
efficient and timely environmental adjudication,
including mediation of disputes between the parties
before EPRC.
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1.5 Duration of Agreement
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1.6 Processes for Review and Amendment
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Guiding Principles
The parties agree that they will adhere to the following
principles in their relationship:
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EC recognizes that the Chief Review Officer and the Review
Officers exercise statutory powers and perform statutory
duties in accordance with their mandate under CEPA, 1999.
Their decisions must be made and be seen to be made
independently and impartially.
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EC recognizes that the Chief Review Officer and the Review
Officers operate at "arm's length" from EC.
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The Chief Review Officer acknowledges that she is
accountable to the Minister for the exercise of her
mandate. Accountability is a fundamental principle to be
observed in the management, administration and operations
of the EPRC.
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As a government entity, the EPRC conducts itself according
to the management principles of the Government. These
principles include ethical behaviour, accountability,
excellence in management, wise use of public funds,
high-quality service to the public and fairness in the
marketplace.
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The EPRC and EC must avoid duplication of services.
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Consultation and Communications
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3.1 The parties recognize that the timely exchange of
information and consultation are essential to their
success in discharging their respective administrative
responsibilities. Such exchange and consultation must
respect, and be limited by, the independence of the EPRC
in the exercise of its quasi-judicial duties.
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3.2 Nothing in this MOU is intended or shall be
interpreted to encourage, authorize or require any
communication (other than through counsel or agent before
the EPRC) between EC (including the Minister and his
staff) and the Chief Review Officer (or a Review Officer)
with respect to a matter pending or ongoing before the
EPRC.
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3.3 The parties therefore agree that:
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EC will consult with the Chief Review Officer on
initiatives proposed to amend the legislation or
regulations that govern EPRC's mandate or
operations or that otherwise have significant impact
on the EPRC. EC will also consult with the Chief
Review Officer on any review of EPRC's mandate
or assessment of the continuing public need for its
services.
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The Chief Review Officer will advise the Minister
and/or Assistant Deputy Minister on public
communication strategies and publications related to
the EPRC and the results of stakeholder and other
public consultations and discussions.
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The Chief Review Officer will keep the Minister and
his officials advised of issues or events that
concern or can reasonably be expected to concern
them in the exercise of ministerial responsibilities
and ensuring that matters relating to the EPRC that
are of importance to EC are brought to the attention
of the Minister or his officials in a timely
fashion.
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Inquiries received by the Minister's Office
regarding a case in progress at EPRC will be
redirected without comment to EPRC. Any response
made by the Minister's Office to the inquiring
party will indicate that the inquiry has been
forwarded to EPRC and that the Minister cannot
interfere with an adjudicative proceeding.
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Responsibilities and Accountability
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4.1 The Minister of the Environment
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The Minister is accountable to Parliament for the
EPRC's fulfillment of its mandate and its
compliance with government administrative policies;
for these purposes, the Minister reports, as
appropriate, to Parliament on the EPRC's
affairs.
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The Minister will make himself available on a
reasonable basis for meetings or discussions with
the Chief Review Officer concerning the mandate and
activities of EPRC.
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4.2 The Chief Review Officer
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4.2.1 The Chief Review Officer is accountable to the
Minister for ensuring that the EPRC carries out the
responsibilities assigned under the CEPA, 1999 and
any other applicable legislation and for ensuring
that the EPRC complies with all applicable
legislation, including Treasury Board Directives and
this MOU.
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4.2.2 Furthermore, having consideration for the
impartiality and independence of the EPRC, the Chief
Review Officer is responsible for:
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directing the affairs of the EPRC and taking
any necessary actions to fulfill its mandate,
as set out in CEPA 1999;
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ensuring that the EPRC provides a high quality
of service to the public in carrying out its
responsibilities, including providing services
in both official languages in accordance with
the Official Languages Act;
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ensuring the timely preparation and public
availability in English and French of policy
guidelines, practice directions and procedural
rules respecting the conduct of proceedings
and activities of the EPRC;
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meeting with the Minister as needed, but no
less than annually, to discuss issues relating
to the delivery of the EPRC's mandate;
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ensuring that public funds are used with
integrity and honesty and ensuring that the
EPRC operates within the approved funding in
the fulfillment of its mandate;
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ensuring that Review Officers make appropriate
use of the service and facilities of other
departments, boards and agencies in performing
their functions;
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ensuring that the Review Officers are aware of
the General Principles of Conduct for Members
of Federal Administrative Tribunals issued by
the Office of the Ethics Counsellor. The Chief
Review Officer may also establish more
detailed policies and procedures governing
conflict of interest and the ethical conduct
of appointments, in consultation with the
Office of the Ethics Counsellor;
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attending and/or making presentations before
Cabinet or committees of Cabinet or Parliament
or Parliamentary Committees on matters
concerning the affairs of the EPRC when
requested to do so by the Minister;
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notifying the Minister of appointment
vacancies and making recommendations to the
Minister on appointments and reappointments of
Review Officers;
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evaluating the performance of Review Officers,
as appropriate;
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monitoring the performance of the EPRC;
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providing the Minister with an Annual Report
following the end of the fiscal year setting
out the activities, hearings, performance
indicators and budget of the EPRC;
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cooperating with any periodic review directed
or requested by the Minister or Assistant
Deputy Minister;
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carrying out such responsibilities as may be
properly delegated to the EPRC by the
Minister;
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taking reasonable steps to ensure that the
public, the legal community, and other
possible stakeholders are aware of the mandate
and activities of the EPRC; and,
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conveying to the Minister copies of each
decision it takes or his officials as the
decision is issued.
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4.3 The Assistant Deputy Minister
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4.3.1 The Assistant Deputy Minister is accountable
to the Deputy Minister and the Minister for the
performance of the Department in providing
appropriate and necessary support for EPRC.
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4.3.2 The Assistant Deputy Minister is responsible
for:
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meeting with the Chief Review Officer on a
timely basis as necessary; and,
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providing administrative, financial and other
necessary support to EPRC.
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Administrative Support
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5.1 EC is committed to providing EPRC with administrative
support services, either directly or through a service
agreement with another institution, such as the Canadian
Artists and Producers Professional Relations Tribunal
(CAPPRT). The services provided to EPRC will be at least
equivalent to those currently provided to the EPRC by the
Canadian Artists and Producers Relations Tribunal.
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5.2 EC will make available to the EPRC a list of federal
facilities that may be used by the EPRC to conduct their
hearings outside of the National Capital Region (NCR).
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5.3 EPRC will make every effort to conduct their hearings
at these facilities.
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Financial Support
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6.1 EC will provide EPRC with an annual budget.
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6.2 After consultations with the Chief Review Officer, the
Assistant Deputy Minister will establish the budget for
the EPRC.
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6.3 EPRC will be funded by EC based on a budget forecast
submitted to the Assistant Deputy Minister by the Chief
Review Officer in January of each year. The budget
forecasts will provide detailed projected expenditures and
will take into account anticipated fixed costs for the
upcoming fiscal year. The budget forecast will also
include a separate incremental costs forecast based on
each additional Environmental Protection Compliance Order
review. The incremental costs forecast will also include
an estimate on the number of hearings expected for the
coming year.
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6.4 Notwithstanding sub-section 6.3, should additional
funds be required by the EPRC due to an unanticipated
increase in the number of reviews, the Chief Review
Officer will inform the Assistant Deputy Minister of this
eventuality and provide the Assistant Deputy Minister with
an estimate of the additional requirements. After
consultation with the Chief Review Officer, the Assistant
Deputy Minister will establish the budget for the EPRC.
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6.5 EPRC will submit financial reports to the Assistant
Deputy Minister in accordance with EC's internal
financial reporting requirements.
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6.6 EPRC will return any unexpended monies received from
EC under this MOU to EC at the end of the fiscal year.
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Access to Information and Privacy
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Other Delegations
Whereas the Department of Justice has delegated to the Deputy
Head of the Department of the Environment the authority to
contract for the provision of legal services to the Chief Review
Officer and Review Officers to enable them to carry out their
functions under CEPA, 1999, the Deputy Head has delegated to the
Chief Review Officer the authority to contract for services,
including legal services, up to a specified amount.
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Contacts
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9.1 For the purpose of the administration of this MOU, the
contact for EC will be the Director of the Corporate
Secretariat on behalf of the Assistant Deputy Minister.
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9.2 For procedural matters relating to the review of
Environmental Protection Compliance Orders, such as the
delivery of notices of review and other notices to EC, the
contact will be the Senior General Counsel to EC.
For Environment Canada
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Minister
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For the Environmental Protection Review Canada
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Chief Review Officer
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