Marginal note:Deemed consultation between governments re Chairperson
(a) six months prior to the expiration of the term of office of the incumbent Chairperson, or
(b) where applicable, on the date of receipt by the Board of notice of the death, resignation or termination of appointment of the incumbent Chairperson,
whichever occurs earlier.
Marginal note:Where no agreement on Chairperson
(2) Where the two governments fail to agree on the appointment of the Chairperson of the Board within three months after the commencement of consultation between the governments, the Chairperson shall be selected by a panel, consisting of three members and constituted in accordance with this section, unless, at any time prior to the selection of the Chairperson by the panel, the two governments agree on the appointment.
Marginal note:Appointment of members of panel
(3) One member of the panel shall be appointed by each government within thirty days after the expiration of the three months referred to in subsection (2).
Marginal note:Chairperson of panel
(4) The chairperson of the panel shall be appointed
(a) jointly by the two members of the panel appointed pursuant to subsection (3) within thirty days after the later of the two appointments made pursuant to that subsection; or
(b) if the two members of the panel fail to agree on the appointment of the chairperson of the panel within the 30-day period referred to in paragraph (a), by the Chief Justice of Newfoundland and Labrador within 30 days after the expiration of that period.
Marginal note:Selection of Chairperson of Board within 60 days
(5) The Chairperson of the Board shall be selected by the panel within 60 days after the appointment of the chairperson of the panel.
Marginal note:Decision of panel binding
(6) The decision of the panel selecting a Chairperson of the Board is final and binding on both governments.
- 1987, c. 3, s. 12;
- 2014, c. 13, ss. 7, 52(E).
Marginal note:Salaries of joint appointees
13 (1) Subject to section 15, the salary and other terms and conditions of the appointment of the Chairperson of the Board or any other member or alternate member appointed by both governments, including the effective date of the appointment, shall be fixed by an order of the Federal Government and an order of the Provincial Government after agreement has been reached by both governments on the salary and other terms and conditions.
Marginal note:Salaries of separate appointees
(2) The salary and other terms and conditions of the appointment of any member appointed by either the Federal Government or the Provincial Government shall be agreed on by both governments.
- 1987, c. 3, s. 13;
- 2014, c. 13, s. 52(E).
Marginal note:Absence or incapacity of Chairperson
14 The Board shall designate a member to act as Chairperson of the Board during any absence or incapacity of the Chairperson or vacancy in the office of Chairperson, and that person, while acting as Chairperson, has and may exercise all of the powers and perform all of the duties and functions of the Chairperson.
- 1987, c. 3, s. 14;
- 2014, c. 13, s. 52(E).
Marginal note:Term of first Chairperson
Marginal note:Terms of first members
(2) The first three members of the Board to be appointed by each government shall be appointed for terms of four, five and six years, respectively.
Marginal note:Terms of office after initial term
(3) On the expiration of the initial terms of office referred to in subsections (1) and (2), the Chairperson and members of the Board shall be appointed for terms of six years.
Marginal note:Good behaviour
(4) A member of the Board, including the Chairperson, shall hold office during good behaviour, but may be removed for cause
(5) On the expiration of a term of office, the Chairperson or a member of the Board is eligible for re-appointment for one or more further terms.
- 1987, c. 3, s. 15;
- 2014, c. 13, s. 52(E).
Marginal note:Conflict of interest guidelines
16 (1) Members of the Board, including the Chairperson, and the Chief Executive Officer appointed pursuant to section 24 shall be subject to conflict of interest guidelines established jointly by the Federal Minister and Provincial Minister and are not subject to any conflict of interest guidelines established by the Federal Government.
(2) The Board shall purchase and maintain insurance for the benefit of a person who is a present or former member, officer or employee of the Board, and the heirs or legal representatives of that person, against any liability incurred by that person in the capacity as such a member, officer or employee, except where the liability relates to a failure to act honestly and in good faith with regard to the best interests of the Board.
Marginal note:Expenditures for insurance
(3) For greater certainty, the expenditures of the Board associated with purchasing and maintaining the insurance referred to in subsection (2) shall form part of the budget or revised budget of the Board in respect of a fiscal year.
Marginal note:Power to indemnify
(4) Notwithstanding subsection (2), where the Board has established to the satisfaction of the Federal Minister the impossibility of purchasing and maintaining the insurance referred to in subsection (2), the Government of Canada shall, subject to subsection (6), indemnify a person who is a present or former member, officer or employee of the Board, or the heirs or legal representatives of that person, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of any civil, criminal or administrative action or proceeding to which that person is a party by reason of being or having been such a member, officer or employee, if that person
Marginal note:Additional Coverage
(5) Where the Board has purchased and maintained insurance referred to in subsection (2), the Government of Canada shall indemnify a person referred to in that subsection, or the heirs or legal representatives of that person, for any liability incurred by that person in accordance with this section to the extent that the insurance purchased for the benefit of that person does not cover such liability.
Marginal note:Amount to settle an action
(6) The Government of Canada is not obliged to indemnify anyone pursuant to subsection (4) against an amount paid to settle an action unless the amount so paid was approved by the Government of Canada.
Marginal note:Both governments share costs of indemnification
(7) Where the Government of the Province has indemnified a person referred to in subsection (4), or the heirs or legal representatives of that person, pursuant to section 16 of the Provincial Act, the Government of Canada may pay to the Government of the Province one-half of the amount so indemnified.
Marginal note:Payable out of Consolidated Revenue Fund
(8) Any amount payable in respect of indemnification under this section may be paid out of the Consolidated Revenue Fund.
- 1987, c. 3, s. 16;
- 2014, c. 13, s. 52(E).
Functions of Board
Marginal note:Functions of Board
Marginal note:Proposed amendments
(2) The Board may make recommendations to both governments with respect to proposed amendments to this Act, the Provincial Act and any regulations made under those Acts.
Marginal note:Access to information by governments
18 (1) The Federal Minister and the Provincial Minister are entitled to access to any information or documentation relating to petroleum resource activities in the offshore area that is provided for the purposes of this Act or any regulation made thereunder and such information or documentation shall, on the request of either Minister, be disclosed to that Minister without requiring the consent of the party who provided the information or documentation.
Marginal note:Applicable provision
(2) Section 119 applies, with such modifications as the circumstances require, in respect of any disclosure of information or documentation or the production or giving of evidence relating thereto by a Minister as if the references in that section to the administration or enforcement of a Part of this Act included references to the administration or enforcement of the Provincial Act or any Part thereof.
- Date modified: