1. Definitions
In these Terms of Reference,
“Accord Acts” means the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Newfoundland Atlantic Accord Implementation Newfoundland Act ;
“Board” means The Canada-Newfoundland Offshore Petroleum Board;
“Canada-Newfoundland benefits plan” has the meaning set out in section 45 of the Accord Acts;
“Commissioner” means the individual appointed pursuant to para. 44(2)(b) of the Accord Acts;
“Development Application” means all documentation provided to the Board by the Proponent for the purpose of para. 44 2)(c) of the Accord Acts, to support approval of the Project and shall include but not be limited to, an environmental impact statement, a socio-economic impact statement, a development plan and a Canada-Newfoundland benefits plan;
“Development Application Guidelines” means the Development Application Guidelines dated 1988 as published by the Board and available at the Board’s website ( www.cnopb.nfnet.com ) under “Publications”;
“development plan” has the meaning set out in section 2 of the Accord Acts;
“Participant” means a person other than the Proponent, who makes an oral presentation or files a written submission to the Commissioner pursuant to the Procedures for Public Review;
“Procedures for Public Review” means the procedures as may be implemented by the Commissioner;
“Project” means the proposed development of the White Rose oil field, as described at the Proponent’s website ( www.huskywhiterose.com ) under “Project Description”;
“Proponent” means Husky Oil Operations Limited;
“Secretariat” means the Commissioner’s support staff obtained pursuant to Paragraph 13;
“White Rose Significant Discovery Area” means the area as referred to in para. 1.3 of the Proponent’s “Project Description” (www.huskywhiterose.com ).
2. General
Subject to the requirements of these Terms of Reference and the Accord Acts, the Commissioner will conduct a review of the Development Application which will include:
3. Scope of the Review
The Commissioner shall include in his review a consideration of the matters dealt with in chapters 4 through 9 of the Development Application Guidelines.
4. Limitation
The Commissioner’s mandate shall not include an examination of questions of energy policy, jurisdiction, the fiscal or royalty regime of governments, the division of revenues between the Government of Canada and the Government of Newfoundland and Labrador, or matters which go beyond the potential or proposed development of the White Rose Significant Discovery Area.
5. Public Participation
The Commissioner shall conduct the public review sessions in a manner which shall promote and facilitate public participation.
6. Conduct of the Review
The Procedures for Public Review implemented by the Commissioner will be generally consistent with section 2.5 of the Development Application Guidelines.
7. Consultation by Commissioner with Board
The Commissioner, the Secretariat, or both may consult the Board for the purposes of clarifying any matters respecting these Terms of Reference or the review process for the Development Application. In no event shall the Commissioner or Secretariat consult the Board for the purposes of discussing any substantive matters or merits respecting the Development Application or Project.
8. Referral of Documentation to Commissioner
Following the Board’s determination that the documentation contained in the Development Application is complete for public review, the Board shall refer the documentation to the Commissioner for public review. As soon as practicable thereafter, the Commissioner shall issue a general notice to the public containing or attaching the following information:
9. Request for Additional Information
The following guidance is provided respecting any requirement to obtain information additional to the Development Application documentation filed under paragraph 8 above:
Such additional information gathered for the above purposes will be referred to as “Supplementary Information”;
10. Location of Sessions
The Commissioner will hold the sessions in St. John’s and in other locations as may be determined by the Commissioner.
11. Announcement and Completion of Sessions
The Commissioner will provide notice of the detailed schedule and announce specific dates and locations of the public review sessions respecting the Project once the Commissioner is satisfied with the information provided. This notice will be issued a minimum of thirty (30) days prior to the start of the sessions.
12. Reporting
The Commissioner will prepare and submit to the Board, to the federal Minister of Natural Resources and to the provincial Minister of Mines and Energy, having particular regard for the matters considered under the Development Application Guidelines, a report on its review of the Project, including:
The report shall be submitted at the earliest possible date but in no event later than one hundred and eighty (180) days following receipt of the information referred to in paragraph 8.
13. Support Staff for Commissioner
The Commissioner may obtain and as needed, request the services of support staff including independent specialists or professionals whose functions would be to provide information on and help interpret information and issues relevant to the public review. The names of any such persons retained by the Commissioner will be made public. Specialists hired by the Commissioner may be requested to appear before the Commissioner. Other support services may also be obtained with respect to any logistical and administrative functions which need to be performed.
14. Powers of the Commissioner
The Commissioner shall be vested with the same powers conferred by the Government of Newfoundland and Labrador to any commissioner appointed pursuant to the Public Inquiries Act.
ATTACHMENTS
Attachment #1 – Backgrounder: White Rose Development Project Review Process
Attachment #2 – Biography – Herbert M. Clarke
Attachment #3 – Commissioner’s Terms of Reference for The Proposed White Rose Project Public Review