Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

Marginal note:Deemed consultation between governments re Chairperson

• 12 (1) Consultation between the two governments with respect to the selection of the Chairperson of the Board shall be deemed to commence

  • (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.