Participant Assistance Regulation

Participant Assistance Regulation, M.R. 125/91 The Environment Act , C.C.S.M. c. E125 Regulation 125/91 Registered June 7, 1991 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Establishment of program 3 Right to apply for assistance 4 Participant assistance committee 5 Meetings of committee 6 Eligibility for assistance 7 Eligible expenditures 8 Provisional order of participant assistance 9 Final order of participant assistance 10 Access to records 11 Failure to comply with order 12 Assistance for joint assessments Definitions 1 In this regulation, "Act" means The Environment Act ; («  Loi  ») "committee" means a participant assistance committee established under section 4; (« comité d'aide ») "panel" means the Clean Environment Commission or a panel appointed by an agreement made under section 13.1 of the Act; (« comité ») "participant" means a person or group of persons granted participant assistance under this regulation; (« participant ») "participant assistance" means financial or other assistance granted under this regulation to a person or a group of persons that participates in a hearing before a hearing panel; (« aide de participation ») "program" means a participant assistance program established under section 2. (« programme ») Establishment of program 2(1) The minister may establish a participant assistance program for the assessment of a development that is the subject of a public hearing under the Act and that, in the opinion of the minister, is of significant public interest. 2(2) On establishing a program under subsection (1), the minister shall notify the proponent of the development that a program has been established and shall notify the public, through advertisements, of (a) the right to apply for participant assistance; (b) where and when applications can be made; and (c) the last date for making applications. Right to apply for assistance 3(1) A person or a group of persons that intends to participate in the assessment of a development for which a program has been established may apply to the minister for participant assistance. 3(2) An application shall be in a form and contain such information as the minister may require. Participant assistance committee 4(1) If any applications for participant assistance are received under section 3, the minister shall establish a participant assistance committee. 4(2) The committee shall make recommendations to the minister respecting all issues related to eligibility for participant assistance, the amount of the assistance and the conditions under which it should be granted. 4(3) A committee shall consist of at least one person who is a member of the panel. Meetings of participant assistance committee 5(1) In order to determine the issues related to eligibility for participant assistance as well as the amount of the assistance and the conditions under which it should be granted, the committee shall hold a pre-hearing meeting or meetings, at which time (a) applicants must attend and confer with the committee and other applicants in order to attempt to avoid duplication of effort; and (b) the proponent of the development, the director and the applicants may make submissions to the committee respecting the granting of participant assistance. 5(2) After holding a meeting or meetings under subsection (1), the committee shall, in respect of each applicant, make recommendations to the minister as to the eligibility for participant assistance, the amount and type of the assistance, when it should be provided, and the conditions under which it should be granted. Eligibility for assistance 6 In deciding whether to recommend the granting of participant assistance, the committee shall consider whether (a) the applicant has clearly demonstrated an interest in the potential physical, social or economic effects of the development; (b) if the applicant is a group of persons, the group has an established record of concern for or has demonstrated a committment to the interest that it represents; (c) representation of the interest that the applicant represents would assist the panel in its investigations of the potential effects of the development and would contribute substantially to the hearing; (d) the applicant does not have sufficient financial resources to enable it to adequately represent its interest and has identified all other financial support it has applied for or received for the purpose of participating in the assessment of the development; (e) the applicant has attempted to bring related interests of which it is aware into an umbrella group to represent the related interests at the hearing; (f) the applicant has a clear proposal for its use of any assistance that it might be given; and (g) the applicant has appropriate financial controls to ensure that the asssistance, if given, is spent for the purposes for which it is given. Eligible expenditures 7(1) Participant assistance may be granted only in respect of the following expenditures: (a) professional fees for advice or assistance, including those of legal and expert advisors; (b) salaries of persons employed for the purpose of coordination, research and the preparation of materials, including secretarial services; (c) travel and accommodation expenses; (d) the purchase of relevant information material such as maps, documents and reports for the purpose of information, presentation and analysis; (e) information collection and dissemination; (f) accounting and audit services; (g) photocopying, postage and stationery; (h) telephone rental and charges; (i) translation services; (j) other expenditures related to the assessment that are approved by the minister. 7(2) Participant assistance may not be granted for the following expenditures: (a) lost income, such as wages lost as a result of attending meetings and hearings; (b) capital expenditures and overhead; (c) expenditures not directly related to the assessment. Provisional order of participant assistance 8(1) On receiving the recommendations of the committee, the minister may make a provisional order of participant assistance. 8(2) A provisional order may require the proponent (a) to pay or provide up to 30% of the participant's eligible expenditures before the hearing is commenced; (b) to pay an amount specified in the order to the Minister of Finance to be held in trust for the participants until the conclusion of the hearing; (c) to make such other arrangements respecting payment or provision of assistance as are satisfactory to the minister. 8(3) The proponent shall comply with the requirements of a provisional order. 8(4) A provisional order is subject to the condition that the participant make a significant contribution to the assessment of the development and to any other terms and conditions that the minister may specify in the order. Final order of participant assistance 9(1) Within 30 days of the conclusion of a hearing, each participant shall submit statements of account of its eligible expenditures to the committee in a form satisfactory to the committee. 9(2) On receiving the statements of account, the committee shall examine the statements and shall (a) determine whether the participants have complied with the terms and conditions of the order of provisional funding, including the condition that each participant make a significant contribution to the assessment of the development; (b) give the proponent an opportunity to comment on the statements of account; (c) give the participants an opportunity to respond to any comments of the proponent respecting the participants' statements of account; and (d) make recommendations to the minister respecting the making of a final order of participant assistance. 9(3) On receiving the recommendations of the committee, the minister may make a final order granting participant assistance. 9(4) A final order of participant assistance is an order against the proponent and the proponent shall pay or provide the assistance at the time and in the manner specified in the order. Access to books and records 10 It is a condition of every order of participant assistance that the participant allow a person, who is appointed by the minister for the purpose, access to its books and records to ensure that the conditions specified in the order are being or have been met. Failure to comply with conditions of order 11 If a participant fails without reasonable cause to comply with the conditions of an order, the participant and its directors and officers, on the order of the minister, shall be jointly and severally liable to repay to the proponent the amount of the order, or such a part of it, as the minister may order. Assistance for joint assessments 12 Any of the requirements or procedures set out in this regulation may be varied by the minister in the case of a hearing for a joint assessment process under section 13.1 of the Act.