INTERVENOR FUNDING PROGRAM GUIDELINES. April Prepared by: Department of Mines & Energy

Transcription

1 INTERVENOR FUNDING PROGRAM GUIDELINES April 2001 Prepared by: Department of Mines & Energy The Provincial Government s Intervenor Funding Program supports public participation in public reviews conducted by the Canada-Newfoundland Offshore Petroleum Board (the C-NOPB) under the Canada- Newfoundland Atlantic Accord Implementation Newfoundland Act and the Canada-Newfoundland Atlantic Accord Implementation Act (the Accord Acts ). Funding under this Program is available for projects within the Province of Newfoundland and Labrador only. This guide will be applicable to the funding process for public reviews. For more information on the Province s Intervenor Funding Program for the public review by a panel/commissioner of petroleum development applications, contact: Manager, Intervenor Funding Program Department of Mines and Energy 4th Floor, Natural Resources Building 50 Elizabeth Avenue St. John s, Nfld., A1B 4J6 Telephone: (709) FAX: (709)

2 Table of Contents Purpose of the Intervenor Funding Program...1 Guiding Principles...2 Funding Eligibility...3 Eligible Expenses...4 Program Details...5 Determining the Funding Level...5 Public Notice...5 Preparing the Application...6 Funding Review Committee...6 Contribution Agreement...7 Accessing Departmental Publications...8

3 1 PURPOSE OF THE INTERVENOR FUNDING PROGRAM Funding is made available, under the Intervenor Funding Program, for projects subject to public review by either a review panel or a commissioner under the Canada-Newfoundland Atlantic Accord Implementation Newfoundland Act and the Canada-Newfoundland Atlantic Accord Implementation Act (the Accord Acts ). The intent of the program is to facilitate the participation of those who would otherwise be prevented from participating in the public review of a development application (DA) of a potential offshore petroleum project. The Program is administered by the Department of Mines and Energy. A limited amount of funding is available. Funding may be awarded to help individuals or organizations: review the development application submitted by the project proponent; and/or prepare for and participate in public hearings convened by the panel/commissioner to consider the proposed project.

4 2 GUIDING PRINCIPLES The implementation of the Intervenor Funding Program is based on the following guiding principles: Accessibility: Accountability: Fairness and impartiality: Efficiency and timeliness: Flexibility: All eligible parties can apply for funds. Funding awards are made public by the Department of Mines and Energy; recipients are accountable for the use of public funds. Funding decisions are fair and impartial; the review panel/commissioner is not involved in decisions on funding. The Program is operated by the Department of Mines and Energy in an efficient and timely manner so as to promote meaningful public participation in the public review of a DA by the panel/commissioner; each applicant for funding may enhance the Program's efficiency by providing all of the information requested in the application form and by submitting the application form to the Department as early as possible. The Program is flexible in that it is able to accommodate a range of interests and circumstances.

5 3 FUNDING ELIGIBILITY Any legal entity (such as an incorporated public interest organization, an individual, or an individual acting on behalf of an organization) may be eligible for funding, providing it meets the following criteria: Applicants must demonstrate an interest in the project's potential effects (which can include potential related effects on health, environmental, social, economic or cultural conditions). Applicants must show that a representation of their interest will contribute to the panel s/commissioner s investigation of the potential effects of the proposed project. See the application form for details on the information an applicant must provide.

6 4 ELIGIBLE EXPENSES Activities for which funding is sought must not duplicate services, studies or written materials being funded by other public or private sources, including information prepared by or for the panel/commissioner or proponent. The intervention must deal strictly with matters within the terms of reference of the review panel/commissioner. The applicant s general operations and maintenance expenses are not eligible for funding. The following expenses may be considered for funding when they are directly related to the applicant s participation in the public review process: Fees for expert advice, such as fees for advisors on environmental, legal, technical and social issues; applicants are expected to represent themselves at the public hearings; Salaries and/or wages for research staff and secretarial services; Travel expenses, including meals, lodging and incidentals; travel expenses of funding recipients will be reimbursed in accordance with government travel directives (available from Government or online at Purchase of relevant information materials, such as maps, documents and reports for the purpose of information, presentation and analysis; Information collection and dissemination costs, such as the preparation and distribution of project information to the organization s membership; Professional services, such as administrative, accounting and auditing services directly related to the applicant s participation in the public review process; Rental costs of equipment and meeting rooms applicable to the applicant s participation in the review process; Office supplies, such as photocopying, postage and stationery, applicable to the intervention; Telephone, facsimile rental and charges, and Internet charges applicable to the intervention; Advertising costs, such as posters, radio, television and newspapers, for the purpose of publicizing intervention-related meetings and disseminating information (advertising for the purpose of promoting positions of groups or individuals is not funded under the Program); Other expenses authorized by the Funding Review Committee during the review of the application.

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8 6 PROGRAM DETAILS There are five key features to the operation of the Intervenor Funding Program. 1. Determining the Funding Level The Department of Mines and Energy, which administers the Program, determines the total amount of intervenor funding available for each specific potential petroleum development project, as applicable. It is also at the discretion of the Department of Mines & Energy to make adjustments or reconsider the total amount of funding made available for a project. In determining the amount of funding available for the public review of a DA, the Department may give consideration to the following factors: size and magnitude of the proposed development; emerging technologies being applied; intervenor need for funding; opportunities for joint funding in cases where a joint review process is being conducted under the Canadian Environmental Assessment Act (CEAA); thoroughness of the information provided by the proponent on anticipated project effects; resources that are consumed by the proposed development, e.g., labour requirements; efforts by the proponent to consult with the public; and overall funding availability. Program funding is limited. Not all applications will be successful. The Program is a financial contribution for the applicant s participation in the public review of a petroleum development application - it is not meant to cover all expenses incurred. Interested parties seeking funding for participation in a public review are encouraged to investigate other sources of funding from different organizations. 2. Public Notice After determining the funding level, the Department of Mines and Energy issues a public notice announcing the availability of funding. The public notice provides the following information: purpose of the intervenor funding for the review total amount of funding available deadline for applications how to obtain application forms and information on the Program.

9 7 In addition, a news release providing information on the Intervenor Funding Program is distributed to local media. The news release also is made available on the Provincial Government s web site. 3. Preparing the Application Application forms are available from the Department of Mines and Energy or through its Web site. In applying for funding under the Program, applicants must meet the basic eligibility criteria (see Funding Eligibility) and: provide information on the individual, organization or group applying for funding submit a work plan and budget explain the need for financial assistance identify other funding sources. Applicants should review the application form for a complete list of the information requirements. The deadline for receipt of applications will be set in the public notice and will usually be about four weeks from the issuance of the public notice. Applicants are encouraged to submit their request for funding in a timely manner so as to not delay the awarding of funds. 4. Funding Review Committee A Funding Review Committee is established for the public review of each DA. The Committee, appointed by the Provincial government, usually consists of three individuals, including one Provincial government representative and at least one non-government member. Committee members should: have an understanding about the project or region be knowledgeable about the Program and the role of the Committee be unbiased and free from any conflict of interest relative to the proposed petroleum development be able to review financial applications be comfortable in making decisions through consensus.

10 8 The Committee reviews all funding applications and recommends funding awards, taking into account the total level of intervenor funding available for the review. All applicants are informed in writing of the funding decisions. The Department then issues a news release announcing the allocation of funds. As Program funds are limited, it is usually the case that some applicants are not awarded funding, or are recommended for an award less than the amount for which they applied. 5 Contribution Agreement In order to become entitled to any funding, each successful applicant must sign the Department s standard Contribution Agreement. A copy of this Agreement is available from the Department. The Contribution Agreement: specifies the responsibilities of each party; identifies the nature of the work to be funded; specifies conditions for payment; requires the recipient to be accountable for the public funds received. A recipient who has not respected the terms and conditions of the Contribution Agreement for receipt of funds for past projects, may not receive funding for any future projects. Under the Contribution Agreement, recipients may request an advance payment of up to 50% of their total funding award, based on their work plan and a cash flow forecast for the fiscal year period. The Agreement also requires funding recipients to seek the approval of the Committee before making any modifications to the original budget statements submitted with their applications. The Agreement specifies that the release of the final payment from the Provincial government is made upon receipt of a final report from the recipient. The final report must include: an itemized statement of costs incurred, with supporting original invoices and receipts a description of materials produced and participation in the review process information on the location of the recipient s records, in the event that the Department needs to consult with the organization in the future. The Department reserves the right to request a financial statement from the recipient for contributions received through the Intervenor Funding Program.

11 9 ACCESSING DEPARTMENTAL PUBLICATIONS Department of Mines and Energy publications may be accessed through the Web site, or Department of Mines and Energy Intervenor Funding Program Telephone: (709) FAX: (709)