Bill C-229
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2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-229 |
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An Act to provide for funding for intervenors
in hearings before certain boards and
agencies
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Short title
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1. This Act may be cited as the Intervenor
Funding Act.
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Purpose
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2. The purpose of this Act is to require any
person proposing a project that would affect a
public interest or the environment and that is
required by law to be reviewed by a public
process before being approved by government
or an agency of government to provide
funding to assist organizations that represent
a relevant public interest and that wish to
intervene in the review process to represent
that interest.
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Definitions
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3. In this Act,
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``funding
panel'' « commission d'aide financière »
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``funding panel'' means a panel appointed by
a review authority pursuant to this Act;
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``funding
proponent'' « promoteur tenu de fournir de l'aide financière »
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``funding proponent'' means a person who, in
the opinion of a funding panel, would be a
major beneficiary of a project to be
reviewed by a review authority;
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``intervenor'' « intervenant »
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``intervenor'' means an individual, group or
organization that is granted status to
intervene in a proceeding before a review
authority;
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``intervenor
funding'' « aide financière aux intervenants »
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``intervenor funding'' means funding to an
intervenor ordered by a funding panel
pursuant to this Act;
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``project'' « project »
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``project'' means any work, whether on public
or private land, that by or pursuant to an Act
of Parliament must be approved by a review
authority before it is commenced,
continued or altered;
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``proponent'' « promoteur »
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``proponent'' means a person who seeks
approval for a project;
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``review
authority'' « autorité »
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``review authority'' means any minister,
official of the Government of Canada,
board, commission, agency or other
authority that has, under an Act of
Parliament, the power to approve a project
and is required to conduct a review of the
project in which input from the public is
permitted or required before the approval is
granted.
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Notice
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4. (1) A review authority shall include, in
any notice it publishes of the commencement
of public proceedings to review a project, a
statement that a person who is an intervenor
may apply to the authority for intervenor
funding.
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Panel
appointed
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(2) A review authority that receives an
application from an intervenor for intervenor
funding shall appoint a funding panel from its
membership.
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Application
for funding
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(3) An intervenor in proceedings before a
review authority may apply to the funding
panel for intervenor funding and the panel
shall
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Funding
criteria
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(4) A funding panel shall not order funding
to be provided to an intervenor unless it is
satisfied that the issues the intervenor intends
to present are entirely or mainly issues
respecting public interests rather than private
interests and that
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Proponent
comply or
appeal
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(5) The funding proponent shall
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Account
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(6) The funding panel may order an
intervenor to account to the panel for the
expenditure of funding it receives.
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Expenses
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(7) Funding for intervenors shall be based
on
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Supplementar
y funding
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(8) An intervenor who has received funding
under this section may apply to the panel for
supplementary funding.
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Appeal
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5. (1) An intervenor or a funding proponent
may appeal the order on a matter of law only
to the Federal Court of Canada.
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Court order
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(2) The Court may order that the matter be
re-heard by a funding panel, or may make such
order respecting funding within the provisions
of this Act as the Court sees fit.
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Regulations
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6. The Governor in Council may make
regulations fixing rates and limits for the
matters enumerated in paragraph 4(7)(b).
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Crown bound
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7. This Act binds the Crown in right of
Canada.
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Coming into
force
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8. This Act shall come into force on a date
to be set by order of the Governor in Council.
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