Rules of Procedure For The Canadian Environment Domestic Advisory Group (CEDAG)

Rules of procedure for the Canadian Environment Domestic Advisory Group (CEDAG) created under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) as of April 22, 2020.

1. Scope

These rules apply to the Canadian Environment Domestic Advisory Group (CEDAG) established under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA).

2. Main functions

The purpose of the CEDAG is to provide a mechanism for engagement between Canada, the European Union (EU), stakeholders and Indigenous Peoples, and to allow the Government of Canada to seek views and advice on issues related to CETA’s Trade and Environment Chapter. More specifically, the CEDAG has among its functions as outlined in the CETA text:

2.1
The CEDAG is responsible for advising the Government of Canada, making recommendations on implementing the Trade and Environment Chapter of CETA and expressing their opinions on such issues, including on their own initiative. (Article 24.13.5).
2.2
The CEDAG is expected to participate with EU counterparts in the Civil Society Forum (CSF) (Article 22.5.1), an annual forum for dialogue on sustainable development issues that include the environment. In addition, the CEDAG Co-Chairs may be invited to attend the Trade and Sustainable Development Committee meetings.
2.3
The CEDAG is a formal mechanism through which Environment and Climate Change Canada (ECCC) is able to inform stakeholders and Indigenous peoples of submissions received from the public, including complaints, on matters under the Trade and Environment Chapter. (Article 24.7.3).
2.4
If the final report of the Panel of Experts determines that a Party has not conformed to its obligations under Chapter 24, the CEDAG should be informed in a timely manner of the decision on any actions or measures to be implemented by the Government of Canada. The CEDAG may submit observations to the Committee on Trade and Sustainable Development in this regard. (Article 24.15.11).

3. Structure

3.1
The CEDAG is composed of eight to ten individual members chosen by ministerial appointment, with the best efforts made to include representation of a broad cross section of civil society including ENGOs, BINGOs, and Indigenous peoples. The CEDAG will make the best effort to maintain broad cross representation of civil society members when applying these rules of procedure.
3.2
With the exception of the initial appointment for a two-year term for some members in order to ensure that adequate expertise is maintained as members reach the end of their terms, members are appointed for a three-year term, with the possibility of reappointment. Members that wish to be reappointed at the end of their term should indicate it in writing to ECCC; should the Minister approve the reappointment, the member will be notified in writing.
3.3
Should a seat become vacant at or before the end of a member’s term, a new member will be appointed by ECCC after consultation with the members, and in accordance with representation as per Rule 3.1.
3.4
In case of repeated and unjustified absence of a member in meetings or work of the CEDAG, the Co-Chairs will consult the remaining members with regards to removal and replacement of the member in question, while ensuring representation of a broad cross section of civil society in accordance with 3.1.
3.5
Where, on a particular issue, a member's personal or organizational interests may give rise to a real, potential, or apparent conflict of interest with their responsibilities as a member of the CEDAG, the member should disclose the real, potential or apparent conflict and ECCC will decide whether or not a conflict exists, and whether the member should participate in discussions or decisions on that issue.

4. Co-Chairs

4.1
The CEDAG will elect two Co-Chairs from among its members by a simple majority for two or three-year term, as per rule 3.2.
4.2

Responsibilities of the Co-Chairs:

  • 4.2.1 convoke and develop the agenda for the meetings of the CEDAG;
  • 4.2.2 chair and moderate discussions at the meetings;
  • 4.2.3 act as the spokespersons of the CEDAG; and,
  • 4.2.4 In the absence of both Co-Chairs, another member may take on the responsibilities of the Co-Chairs as requested by the Co-Chairs.

5. Meetings

5.1
The CEDAG will meet in person once a year.
5.2
As determined by members, the CEDAG may hold additional meetings via teleconference.
5.3
CEDAG members will not designate alternates to represent them during meetings.
5.4
Additional meetings may be called by ECCC, the Panel of Experts (Article 24.15) or the Committee of Trade and Sustainable Development.
5.5
Requests from the Government of Canada for additional meetings, including information on the availability of financial support, will be presented to the Co-Chairs.
5.6
The CEDAG is expected to be represented at the CSF either in Canada or in Europe.

6. Quorum

6.1
Quorum is met if 50% plus 1 of the CEDAG members are present at the meeting.

7. Voting Procedures

7.1
Quorum must be met before decisions are voted.
7.2
The CEDAG will make every effort to reach agreements by consensus. If all efforts to reach consensus have been exhausted and no agreement has been reached, the decision will be taken by simple majority of the members present and voting.
7.3
CEDAG members who disagree with a majority vote may provide a dissenting opinion or opinions to be conveyed to ECCC.

8. Languages

8.1
The working languages of the CEDAG are English, French and Indigenous Languages of members. Members will translate for each other as necessary except in public meetings, where interpretation may be provided by ECCC.

9. Interaction with ECCC and other Federal Government Departments

9.1
ECCC will be invited to the CEDAG meetings with the expectation of participating in discussions, but will not have a vote in the decision-making process.
9.2
Other government departments may be invited to participate in the CEDAG meetings, as requested by the Co-Chairs when relevant, but will not have a vote in the decision-making process.
9.3
The CEDAG will update ECCC regarding their work on a regular basis and at minimum every six months.
9.4
ECCC will inform the CEDAG of any concerns that are relevant to the work of the CEDAG in a timely manner.
9.5
The CEDAG will deliver to ECCC an annual report of its activities.

10. Interaction with other consultative bodies

10.1
The CEDAG may hold meetings with the EU DAG and other consultative mechanisms. ECCC will facilitate virtual meetings and meeting facilities, when possible.

11. Communications and Recommendations

11.1
Unless otherwise decided, the CEDAG annual reports shall be public documents (as per Rule 9.5). They shall be available in the working languages of the CEDAG as provided in these Rules.

12. Financing and logistics

12.1
ECCC will reimburse travel and accommodation costs for members for the annual meeting and for the CEDAG representatives to participate in the CSF in Canada or Europe.
12.2
ECCC will reimburse travel expenditures in compliance with the National Joint Council (NJC) Travel Directive and Treasury Board of Canada Guidelines, subject to the Special Travel Authorities for persons on Contract.
12.3
ECCC will provide in-kind resources to support logistic activities of the CEDAG, including providing virtual meetings, meeting facilities, assistance with communicating CEDAG’s work to civil society, etc.
12.4
ECCC will provide interpretation services for meetings, as requested, to facilitate the use of English, French and Indigenous languages. The Co-Chairs will inform ECCC at least four weeks in advance of the meeting when interpretation is required.

13. Adoption and amendment of the Rules of Procedure

13.1
The Rules of Procedure will be adopted by consensus of the CEDAG members.
13.2
The CEDAG will review the Rules of Procedure during the annual meeting.
13.3
These Rules of Procedure may be amended following a proposal from a CEDAG member. Modifications will be adopted by consensus.

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