Rules of procedure for joint public advisory committee: Canada-Chile

Rule 1: Scope

These Rules apply to the Joint Public Advisory Committee ("JPAC") established by the Agreement on Environmental Cooperation between the Government of Canada and the Government of the Republic of Chile ("Agreement").

Rule 2: Joint Public Advisory Committee Structure

2.1 The JPAC shall comprise six members, unless the Council otherwise decides. Each Party shall appoint an equal number of members.

2.2 Prior to appointment, the Parties shall confer regarding their nominees to the JPAC. Each Party shall notify the other Party of the names and addresses of the JPAC members appointed and of subsequent changes. The responsible National Secretariat shall immediately inform the JPAC of such appointments.

2.3 Each member shall comply with the provisions of Annex A regarding the standards of conduct, confidentiality and travel.

Rule 3: Chair

3.1 The JPAC shall choose a Chair from among its members for a one-year term, renewable by the JPAC for no more than two additional one-year terms. The Chair shall rotate consecutively among the appointees of each Party.

3.2 The Chair shall retain the right to vote.

Rule 4: Sessions

4.1 The JPAC shall convene at least once a year at the time of the regular session of the Council and at such other times as the Council, or the JPAC's chair with the consent of a majority of its members, may decide. The members of the JPAC may participate either in person or through electronic means.

4.2 Meetings of the JPAC which are held at the time of the sessions of the Council shall be held at the same venue. All other meetings shall be held in the territory of a Party as determined by the JPAC.

4.3 The JPAC shall choose one of its members, at each meeting, to keep the minutes.

4.4 The members of the JPAC shall have an opportunity to make corrections to the minutes before they are finalized.

Rule 5: Functions

5.1 The JPAC may provide advice to the Council on any matter within the scope of the Agreement, including on any documents provided to it under Article 16(6) of the Agreement and on the implementation and further elaboration of the Agreement, and may perform such other functions as the Council may direct. JPAC reports and recommendations shall incorporate all points of view of JPAC members.

5.2 The JPAC may provide relevant technical, scientific or other information to the expert in environmental matters, including for the purposes of developing a factual record under Article 15 of the Agreement. If the JPAC provides any such information, it shall also provide copies to both National Secretariats.

Rule 6: Resolution of Matters

On matters requiring a decision, members shall make every effort to reach agreement by consensus. If all efforts to reach consensus fail, the matter shall be resolved by a vote. A quorum shall be constituted when two appointees from each Party are present. Decisions shall be taken by a majority of members present and voting provided that such majority shall include at least one appointee of each Party.

Rule 7: Working Groups of the Committee

7.1 The JPAC may establish as appropriate, ad hoc working groups from among its members, to study matters submitted for their consideration.

7.2 The JPAC shall determine the method of selection, terms of reference and working methods of working groups. The JPAC shall establish deadlines for the working groups to complete their tasks, taking into account budgetary constraints. There shall be no permanent working groups.

7.3 The working groups may meet at the time of the meetings of the JPAC unless the JPAC otherwise decides. The members of the JPAC may participate either in person or through electronic means.

Rule 8: Agenda

8.1 The Chair, in consultation with the members of the JPAC, shall prepare the provisional agenda for a meeting. The National Secretariats shall distribute the provisional agenda, together with supporting documents, to the Council and to the JPAC members 15 days before each meeting.

8.2 The JPAC shall adopt the agenda at the beginning of each meeting and may delete, defer or amend items. Only items which are considered by the JPAC to be urgent and important may be added to the agenda.

Rule 9: Languages

9.1 The official languages of the JPAC shall be English, French and Spanish.

9.2 Simultaneous interpretation into the three official languages shall be provided at JPAC meetings, unless otherwise decided by the JPAC.

9.3 Official documents of the JPAC shall be made available in the three official languages, unless otherwise decided by the JPAC.

Rule 10: Definitions

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

Rule 11: Amendments of Rules

These Rules may be amended by the Council, taking into account the advice of the JPAC.

Rule 12: 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.

Annex A - Standards of Conduct, Confidentiality, and Travel

Rule 1: Standards of conduct

1.1 JPAC members, when performing their official duties, shall at all times conduct themselves in a manner befitting the international nature of their responsibilities. JPAC members shall exercise discretion and tact in the performance of their duties in the best interest of the Commission.

1.2 JPAC members shall not seek or receive instruction from any government.

1.3 JPAC members shall not directly or indirectly solicit or accept gifts from any source that would compromise their independence as JPAC members.

Rule 2: Confidentiality

2.1 JPAC members shall safeguard from public disclosure any information received in their official capacity from a Party, the Council, the National Secretariats, the Joint Submission Committee, an expert in environmental matters pursuant to Article 15(2) of the Agreement or a member of the public, where the information is designated by that entity as confidential or proprietary.

2.2 JPAC members shall not use for personal gain information acquired in their official capacity, unless such information is in the public domain or such use is authorized by the Council.

2.3 JPAC members shall comply with such rules and procedures as the Council may adopt regarding the disclosure and use of information and materials of the Commission.

Rule 3: Travel

3.1 Each Party will be responsible for authorizing travel expenses incurred by its JPAC members taking into account budgetary constraints.

3.2 Payment for official travel expenses will be based on reasonable and documented expenditures for accommodation, meals, economy class air fares and related expenses.

Chilean National Secretariat

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