Environmental Assessment Hearing Costs Recovery Regulation

Environmental Assessment Hearing Costs Recovery Regulation, M.R. 210/92 The Environment Act , C.C.S.M. c. E125 Regulation 210/92 Registered November 18, 1992 bilingual version (HTML) Definition 1 In this regulation, "Act" means The Environment Act ; (« Loi ») "panel" means the Clean Environment Commission or a panel appointed by an agreement made under subsection 13.1(1) of the Act with respect to a joint assessment process. (« comité ») Order 2(1) The minister may, by order, require the proponent at hearings with respect to a Class 3 development or a joint assessment process referred to in section 13.1 of the Act to pay to the government, not later than the day specified in the order, the following costs of the government associated with those hearings to the extent that those costs are not defrayed from another source: (a) the cost of advertising; (b) the cost of the remuneration, including employee benefits, and expenses, including travel, accommodation and meals, of (i) the members of the panel, (ii) the staff of the panel employed by the government and dedicated to the panel, and (iii) professional, expert and technical advisors employed by the government, while they are engaged in activities or in travel associated with the hearings; (c) the cost, including remuneration and expenses, including travel, accommodation and meals, in respect of services rendered by persons, other than employees of the Government, who provide professional, expert or technical advice to the panel while they are engaged in providing advice or in travel associated with the hearings; (d) the cost of (i) office supplies, (ii) the rental of office space, (iii) the rental of telephones, fax machines, photocopiers and office equipment, and (iv) long distance telephone calls, photocopying, faxing documents, mail, courier and other expenses, incurred in respect of the persons referred to in clause (b) while they are engaged in activities associated with the hearings to the extent that those costs would not have been incurred, but for the hearings; (e) the fair market value of office space that (i) is occupied by the persons referred to in clause (b) while they are engaged in activities associated with the hearings, and (ii) would not have been so occupied, but for the hearings; (f) the cost for the rental of space for, and sound, simultaneous translation and other equipment used in, the holding of the hearings; (g) the cost of (i) recording the hearings, (ii) transcribing the record of the hearings, and (iii) translating any part of the hearing; (h) the cost of preparing the text of the report of the panel for publication and the publication and distribution of the report; (i) the cost of any participant assistance committee established under subsection 4(1) of the Participant Assistance Regulation ; (j) other costs as determined by the minister. 2(2) Clauses (a) to (g) apply with appropriate modifications as the circumstances require to the costs referred to in clause (i). 2(3) An order shall be accompanied by an itemized statement of the costs referred to in subsection (1). Objection to order 3(1) A proponent may, within 30 days after the proponent receives the minister's order referred to in subsection 2(1), object to the order by serving on the minister a notice in writing specifying those parts of the order to which he or she objects and stating the reasons for the objection. 3(2) The minister shall without delay consider the proponent's reasons for objecting to the order and confirm or vary the order or revoke it and make another order in its place and that order as confirmed, varied or replaced is binding on the proponent. Coming into force 4 This regulation is effective with respect to costs associated with hearings that, on the coming into force of this regulation, are commenced but not concluded.