Consultations on the CEPA New Substances Notification Regulations and New Substances Program - Final Report of the Multistakeholder Consultations

Appendix 2: Procedural Guidelines Adopted by the Table Members

During its first meeting, Table members agreed on the following set of "Guiding Principles" to help direct the consultative process:

• Multistakeholder Consultation (MSC) members have the right to help shape the substantive issues to be addressed at all MSC meetings, and the process for addressing them.
• MSC members have a right to be heard and an obligation to listen. Members do not have a right to dominate discussions or to promote their own particular agenda to the detriment of the MSC mandate.
• MSC members must be prepared to present their views in a constructive manner that fosters mutual problem solving.
• MSC members must agree to build on common ground and remain flexible in order to seek consensus in developing recommendations.
• MSC members must recognize and respect the legitimacy of views that differ from theirs.
• MSC members must strive to develop recommendations that can be realistically implemented.
• MSC members must have timely and equal access to a common information base.
• By definition, a consensus-driven exercise is not a "majority rules" exercise. When, despite best efforts, general agreement/consensus is not achieved on a particular issue/recommendation, the differing views pertaining to that issue/recommendation will be clearly and fairly recorded in the public record. For this to occur, individual members have an obligation to articulate their views clearly and concisely at MSC meetings. In this way, the Ministers of Environment and Health, who are ultimately responsible for acting on the recommendations of the MSC, can make fully informed decisions.
• Where consensus is achieved, MSC members have an obligation to support that consensus in its entirety. It is notappropriate for members to promote only those parts of the consensus that meet their own particular agenda.

Table Members are appointed by organizations that have been invited to participate in the consultations. Each invited organization was asked to nominate one or a number of delegates. Each organization has undertaken its own selection process and has put mechanisms in place to keep other interested parties informed on the progress of the consultations. MSC Members are expected to abide by the consultation principles outlined above.

The Environment and Health Canada representatives (the Co-chairs of this MSC) are ultimately responsible for delivering the results/outputs of this MSC to their senior management for full and fair consideration in amending the NSN Regulations. Where consensus is reached, the Co-chairs are responsible for vigorously promoting that consensus in its entirety to their senior management. Where consensus recommendations are not incorporated into the amended Regulations, the Co-chairs have a responsibility to fully explain to the MSC members the reasons for the deviation(s). The Co-chairs are responsible for ensuring that the MSC process has adequate resources to complete its task.

The Secretariat will undertake to:

• arrange all meeting logistics, including subcommittee meetings;
• provide secretarial services, including services at meetings;
• manage financial arrangements, including contracts with group members;
• contract out or conduct research if, and as, requested by the MSC;
• prepare briefing binders, including draft proposals if, and as, requested by the MSC;
• prepare draft Records of Decision/Action Items from meetings, which, initially, will consist of brief decision points, action items and follow-up activities, including assigned responsibilities (subject to the approval of the MSC, detailed meeting minutes are not necessary);
• provide information to any interested party (i.e., stakeholders not at the table, including federal and provincial/territorial agencies and members of the general public); and
• act as the clearinghouse to receive, distribute and manage information. A web site will be established to provide participants with electronic access to all relevant documents, meeting information and records of meetings. The web site will also house an area that will be accessible only by password, to allow members to share restricted information and to facilitate the drafting of MSC reports.

The entire MSC Table will approve subcommittees and their membership. Subject to direction from the Table, subcommittees will discuss in detail individual substantive issues and will draft reports/recommendations for discussion/approval by the MSC. The subcommittees will be supported by the Secretariat.

Each member (or group of members) should select an alternate to act as a replacement if necessary. To ensure continuity, alternates will be used only as a last resort. Alternates must be able to speak for the member/organization represented. Decisions reached by the Table are not to be revisited at subsequent meetings by individual members who missed a previous meeting, whether or not their alternate was present. The Secretariat will ensure that alternates are provided with all information given to the members, including meeting information, draft minutes and reports. Alternates are expected to maintain the confidentiality of the Table and must abide by the principles detailed in this document. Participatory funding will be paid to the alternate (if needed) as outlined in the funding policy when the alternate is replacing a member entitled to funding at the meeting.

Eligible participants will be compensated for their travel and accommodation expenses to attend meetings and for meals not provided during meetings. Original receipts must be provided with expense claims, which are to be submitted to Environment Canada (the Secretariat has all relevant information). Eligibility for funding is subject to Environment Canada's guidelines for participatory funding, which are contained in the document Our Commitment to Effective Consultation, May 1996. The facilitator will, in close consultation with the Co-chairs, be responsible for participatory funding decisions. Subject to overriding Environment Canada and Health Canada policy, the criteria for granting funding are based on demonstrable need, value for money and accountability. All aspects of the funding policy, including actual amounts granted to particular MSC members and accountability reports, must be completely open to public scrutiny (including the media). In the end, participatory funding decisions are subject to the principles of fairness, reasonableness, overall budget constraints, government policy and respect for public monies.

All information, except information that has historically been considered confidential (draft minutes, draft reports, etc.) will be made available to the public, including the media, if requested.

Subject to the agreement of the group, observers may sit in on meetings. Observers may provide input at meetings, but only if requested by the facilitator or the group (as opposed to individual members). Observers must respect all confidences of the process. The number of observers should be kept to a minimum, and observers cannot be seen to be disrupting the flow of the meetings. The most likely type of observer will be a technical expert who is approved by the Table as a member of a subcommittee. It may be useful for these individuals to attend some or all of certain Table meetings. Any member contemplating inviting an observer must first discuss the idea with the group or, at least, with the facilitator. Observers should not necessarily expect to attend meetings if they arrive without prior approval from the Table. Observers are not eligible for participatory funding.

Flexibility, understanding, respect and compassion are keys to the success of the MSC.