Rules of procedure for Canada-Chile council

Rule 1: Scope

These Rules apply to the Council of the Canada-Chile Commission for Environmental Cooperation ("Council"), established by the Agreement on Environmental Cooperation between the Government of Canada and the Government of the Republic of Chile ("Agreement").

Rule 2: Council Structure

2.1 Pursuant to Article 9(1) of the Agreement, the Council shall comprise cabinet level or equivalent representatives of the Parties, or their designees.

2.2 Each Party shall notify the other of its representative, and of any change thereto, including the designation of an alternate representative. The National Secretariat shall notify the Joint Submission Committee, the Joint Public Advisory Committee ("JPAC"), and the other National Secretariat of a Party's representative and of any change thereto.

2.3 When acting as representative, the alternate so designated shall have full authority to act in all matters within the competence of the representative under the Agreement.

2.4 Each representative may be accompanied to Council sessions by such advisors and experts as the representative may select.

Rule 3: Sessions

3.1 The Council shall convene at least once a year in regular session and in special session at the request of any Party.

3.2 At each regular session, the Council shall determine the dates and duration of the next regular session. Regular sessions shall be chaired successively by each Party and shall be held in the country of the Chairing Party, unless the Council decides otherwise.

3.3 A special session shall be convened within six weeks of delivery of the request to the other Party, unless the Council decides otherwise. The Council shall decide the date, time, place and manner of a special session and which Council member shall be the Chair.

3.4 The National Secretariats shall prepare summary records of Council sessions and submit them to the Council in the official languages of the Commission for review and approval. The Council shall promptly make publicly available summary records of public meetings.

Rule 4: Conduct of Business

4.1 The Council shall hold public meetings in the course of all regular sessions. Other meetings held in the course of regular or special sessions shall be public where the Council so decides. A decision of the Council to convene a session shall be made public.

4.2 At Council sessions, no one may address the Council without previously having obtained the permission of the Chair. The Chair may call speakers to order when their remarks are not relevant to the subject under discussion.

4.3 Where persons, including representatives of non-governmental organizations, advisors and experts, are invited to advise the Council at non-public regular and special sessions, such persons shall be required to enter into an agreement to protect information designated as confidential pursuant to Articles 11 (6) and 39 of the Agreement.

Rule 5: Public Meetings

5.1 The Council may invite any person, including a representative of any province, region or intergovernmental or non-governmental organization to advise the Council.

5.2 Any person, including a representative of any province or region residing in the territory of a Party, or a non-governmental organization established in the territory of a Party, or an intergovernmental organization, may make oral statements to the Council, regarding agenda items for public meetings provided they are accredited as participants.

5.3 Requests for accreditation as participants at a public meeting shall be addressed to the National Secretariats. The National Secretariats shall prepare a list of all persons, intergovernmental organizations, non-governmental organizations, and all representatives of provinces and regions, requesting accreditation and that have an interest in the work of the Commission. The National Secretariats shall transmit the list to the Council. The Council shall decide upon accreditation of participants 30 days before the public meeting. The Council may consider requests for accreditation received less than 30 days before the public meeting under special circumstances.

5.4 All presentations to the Council shall be in an official language of the Commission. The Chair may set reasonable limits on the total number of presentations by participants on an item and the time allowed for each presentation. Due regard shall be paid to the importance of having an equitable proportion of presentations from among the nationals of each Party.

5.5 Non-accredited persons may attend public meetings of the Council as observers on registration with the National Secretariats, subject to availability of space, security considerations and with due regard to the importance of having an equitable proportion of attendees from among the nationals of each Party. If space is limited, attendance by observers shall be determined taking into account attendance by an equitable proportion from among the nationals of each Party. Non-accredited persons may not make presentations at such public meetings.

5.6 The Council with the advice of the National Secretariats shall decide which written statements shall be considered at the meeting.

Rule 6: Committees, Working Groups and Experts Groups

6.1 The Council may establish and assign responsibilities to ad hoc or standing committees, working groups or expert groups as it may require to fulfill its mandate. The Council shall establish the terms of reference, guidelines and budget for the committees and groups. The Council may request the National Secretariats to assist in carrying out these functions.

6.2 Subject to the terms of reference, guidelines and budget established by the Council under Rule 6.1, the committees and groups may seek advice and information from the JPAC, provinces, regions, participants, non-governmental and intergovernmental organizations, independent experts and affected members of the public as necessary in order to fulfill their mandates.

6.3 The National Secretariats shall provide technical, administrative and operational support to committees and groups established by the Council, and such other support as the Council may direct.

Rule 7: Decisions and Recommendations

7.1 Decisions shall be taken and recommendations shall be made when all of the Council members are present either in person or, if the Council so agrees, through electronic means.

7.2 All decisions and recommendations of the Council shall be taken by consensus, except as the Council may otherwise decide or as otherwise provided in the Agreement.

7.3 All decisions and recommendations of the Council shall be made public except as the Council may otherwise decide or as otherwise provided in the Agreement.

Rule 8: Agenda

8.1 All items on the agenda of the Council session shall be within the scope of the Agreement.

8.2 The National Secretariats shall prepare and transmit to the Council lists of proposed agenda items for each regular session. The lists shall include any items proposed by Parties, items proposed by the JPAC and items proposed by other interested persons residing or established in a territory of a Party.

8.3 The Council shall prepare the provisional agenda for a regular session with the assistance of the National Secretariats, taking into account the lists in Rule 8.2. The provisional agenda shall reflect in an equitable manner the interests of each of the Parties.

8.4 The National Secretariats shall send supporting documents for a regular session of the Council to all Council members 30 days prior to the session. At the same time as supporting documents for a regular session are submitted to the Council, the National Secretariats shall also send to the members of the JPAC, copies of documents relevant to their mandate.

8.5 The provisional agenda for a public meeting shall be made public as far in advance of the meeting as possible.

8.6 The Council shall adopt the agenda for a session at the beginning of that session based on the provisional agenda.

8.7 The provisional agenda for a special session shall consist of those items proposed for consideration in a Party's request for a special session and any other items that the Parties consider appropriate.

Rule 9: Consultation with the Joint Public Advisory Committee

9.1 The Council may request advice or technical, scientific or other information from the JPAC on any matter within the scope of the Agreement, including on any documents submitted or proposed for approval by the Council.

9.2 The National Secretariats shall provide to the JPAC at the time they are submitted to the Council copies of the proposed annual program of work and budget of the Commission and the draft annual report.

Rule 10: Languages

10.1 The official languages of the Commission shall be English, French and Spanish. All annual reports under Article 13 of the Agreement, factual records submitted to the Council under Article 15(6) of the Agreement and panel reports under Part Five of the Agreement shall be available in each official language at the time they are made public. Other official documents which are made available to the public shall be in all official languages, unless otherwise decided by the Council.

10.2 Simultaneous interpretation into the three official languages shall be provided at Council sessions, unless otherwise decided by the Council.

Rule 11: Definitions

The definitions set out in Article 44 of the Agreement apply to these Rules, as appropriate.

Rule 12: Amendment of Rules

These Rules may be amended by the Council.

Rule 13: Overriding Authority of the Agreement

In the event of any inconsistency between these Rules and the Agreement, the Agreement shall prevail to the extent of the inconsistency.

 

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