Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

Marginal note:Deemed consultation between governments re Chairman

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

  • (a) six months prior to the expiration of the term of office of the incumbent Chairman, 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 Chairman,

  whichever occurs earlier.

• Marginal note:Where no agreement on Chairman

  (2) Where the two governments fail to agree on the appointment of the Chairman of the Board within three months after the commencement of consultation between the governments, the Chairman 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 Chairman 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:Chairman of panel

  (4) The chairman 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) where the two members of the panel fail to agree on the appointment of the chairman of the panel within the thirty day period referred to in paragraph (a), by the Chief Justice of Newfoundland within thirty days after the expiration of that period.

• Marginal note:Selection of Chairman of Board within sixty days

  (5) The Chairman of the Board shall be selected by the panel within sixty days after the appointment of the chairman of the panel.

• Marginal note:Decision of panel binding

  (6) The decision of the panel selecting a Chairman of the Board is final and binding on both governments.