Rules of procedure for national secretariats

Rule 1: Scope

These Rules apply to the National Secretariats established by the Agreement on Environmental Cooperation Between the Government of Canada and the Government of the Republic of Chile (the "Agreement").

Rule 2: Structure of the National Secretariats

2.1 Each Party shall establish a National Secretariat and notify the other Party of its location.

2.2 Each Party shall designate an Executive Secretary for its National Secretariat, who shall be responsible for its administration and management.

2.3 Each Executive Secretary shall:

  1. comply with the provisions of Annex A regarding the standards of conduct for the National Secretariats; and
  2. comply with any other standards established by the Council

Rule 3: Functions

3.1 General:

3.1.1 The National Secretariats shall provide technical, administrative and operational support to the Council pursuant to Article 11(3) of the Agreement.

3.1.2 The National Secretariats shall coordinate their activities to ensure a consistent standard of service to the public for residents of both countries.

3.1.3 The National Secretariats shall ensure that all communications made on behalf of the Canada-Chile Commission for Environmental Cooperation have been approved in advance by the Council.

3.2 Functions Related to the Submissions Process:

3.2.1 The National Secretariats shall receive and consider submissions on enforcement matters pursuant to Article 14(1) of the Agreement and the relevant provisions of the Guidelines for Submissions on Enforcement Matters under Articles 14 and 15 of the Agreement ("Guidelines").

3.2.2 If a member of the Joint Submissions Committee ("JSC") informs a National Secretariat that he/she is unable to perform his/her duties due to conflict of interest or for any other reason, the Council shall be so informed.

3.2.3 If either or both National Secretariats find that a submission meets the criteria of Article 14(1) of the Agreement, the National Secretariat of the Party which is not the subject of the submission shall forward the submission and all related materials to the JSC.

3.2.4 When requested to do so by the Council or the JSC, the National Secretariat of the Party which is not the subject of the submission shall be responsible for technical, administrative and operational support to the JSC.

3.3 Functions Related to the Preparation of a Factual Record:

3.3.1 Pursuant to Article 15(2) of the Agreement, the Parties shall establish and maintain a roster of experts in environmental matters. The National Secretariats shall order the roster by lot.

3.3.2 Once the Council has directed that the preparation of a factual record is warranted pursuant to Article 15(2) of the Agreement, the National Secretariat of the Party which is not the subject of the submission shall commission the expert in environmental matters to prepare the factual record.

3.3.3 When asked to do so by experts in environmental matters, the National Secretariat of the Party which is not the subject of the submission shall request the provision of information by a Party pursuant to Article 21 of the Agreement.

3.4 Functions Related to the Annual Program:

3.4.1 The National Secretariats shall jointly submit for the approval of the Council the annual program of work and budget of the Commission pursuant to Article 11(4) of the Agreement.

3.4.2 The National Secretariats shall be responsible for overseeing the implementation of the Council approved annual program of work. In doing so, the National Secretariats shall coordinate their activities, to the extent possible, with the work program of the Memorandum of Understanding on Environmental Cooperation between the Department of the Environment of Canada and the Department of Industry Canada and the National Commission on the Environment of Chile and of other existing environmental cooperation arrangements.

3.5 Functions Related to the Annual Report of the Commission:

3.5.1 The National Secretariats shall jointly prepare an annual report of the Commission pursuant to Article 13 of the Agreement.

3.6 Functions Related to the Joint Public Advisory Committee:

3.6.1 When requested to do so by the Council or the Joint Public Advisory Committee, the National Secretariats shall provide technical, administrative and operational support to the Joint Public Advisory Committee.

3.6.2 The National Secretariats shall provide copies of the proposed annual program of work and budget of the Commission and the draft annual report to the Joint Public Advisory Committee pursuant to Article 16(6) of the Agreement.

3.6.3 Each National Secretariat shall provide logistical and financial support to facilitate the participation of its Nationals on the Joint Public Advisory Committee.

3.7 Functions Related to Public Information:

3.7.1 The National Secretariats will maintain a file on each submission in a manner suitable for public access pursuant to the relevant provisions of the Guidelines.

3.7.2 The National Secretariats shall establish and maintain a public registry of submissions pursuant to the relevant provisions of the Guidelines.

3.8 Functions Related to the Support of the Council:

3.8.1 The National Secretariats shall provide support to the Council pursuant to this Agreement and the Rules of Procedure for the Council.

3.8.2 Pursuant to Article 10(4) of the Agreement either National Secretariat or both shall prepare, at the request of the Council, a report on any environmental matter related to the cooperative functions of this Agreement.

3.8.3 Pursuant to Article 10(7) of the Agreement, the National Secretariats shall support the Council with regard to activities related to the CCFTA Free Trade Commission.

3.9 Functions Related to Dispute Settlement:

3.9.1 The National Secretariats shall assist the Council in establishing and maintaining a roster of panelists for dispute settlement pursuant to Article 25 of the Agreement.

3.9.2 When requested to do so by the Council or a Panel, the National Secretariats shall provide technical, administrative and operational support to the Panel.

Rule 4: Decisions

Unless otherwise stated in the Agreement, the National Secretariats shall make decisions by consensus.

Rule 5: Confidentiality

The National Secretariats shall safeguard information pursuant to Article 11(6) of the Agreement.

Rule 6: Amendment of Rules

These Rules may be amended by the Council.

Rule 7: 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

STANDARD OF CONDUCT

Rule 1: Standard of Conduct

1.1 The Executive Secretaries and all staff of the National Secretariats, when performing their official duties, shall at all times conduct themselves in a manner befitting the international nature of their responsibilities.

1.2 The Executive Secretaries and all staff of the National Secretariats shall exercise discretion and tact in the performance of their duties in the best interest of the Canada-Chile Commission for Environmental Cooperation.

Chilean National Secretariat

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