TERMS OF REFERENCE

Legislative Consultant

Review and updating Saint Lucia’s Montreal Protocol Legislation to respond to the Kigali Amendment

1.0        Background and Description

Saint Lucia acceded to the Vienna Convention and the Montreal Protocol on July 28, 1993.  As an Article 5 (developing country) Party to the Montreal Protocol on Substances that Deplete the Ozone Layer (MP), Saint Lucia qualifies for, and receives, financial and technical support from the Multilateral Fund for the Implementation of the Montreal Protocol (MLF) to develop and execute programmes and projects to meet its obligation to phase out its consumption of ozone depleting substances (ODSs) in accordance with the Protocol’s phase-out schedules.  Beginning in 1995, Saint Lucia launched its Country Programme to phase out its consumption of a major group of ODS called Chlorofluorocarbons (CFCs). CFCs were phased-out in 2008, ahead of the 2010 deadline.   The key interventions that enabled this success included:

1. Creation of an enabling institutional, policy and legal framework to support the phase-out of ODSs, including the establishment of the National Ozone Unit and enactment of the Montreal Protocol (Substances that Deplete the Ozone Layer) Act and the Montreal Protocol (Substances that Deplete the Ozone Later) Control Regulations;
2. Reducing the supply of ODSs through the creation and enforcement of a licensing and quota system to control imports of ODSs based on the consumption limits set by the MP;
3. Reducing the demand for ODSs by training refrigeration and air-conditioning (RAC) technicians in good servicing practices including recovery and reuse of refrigerants, leak detection and prohibiting the importation of equipment that will require a supply of controlled substances during servicing;
4. Training of Customs Officers and other enforcement personnel to monitor and control trade in ODSs and related technologies;
5. Creation of a National Country Team and the National Refrigeration and Air-conditioning Association to support the development of policies and programmes to phase out the consumption of ODSs; and
6. Public education and awareness programmes to win public support for ozone layer protection.

Having phased out its consumption of CFCs, Saint Lucia turned its attention to phase out its consumption of Hydrochlorofluorocarbons (HCFCs) in 2012 through implementation of the Hydrochlorofluorocarbon Phase-Out Management Plan (HPMP).  The HPMP which is being implemented with UN-Environment and the United Nations Industrial Development Organization (UNIDO) as implementing agencies, seeks to builds on previous efforts and the foundation established to phase out CFCS and to outline the necessary policy, legislative, institutional and other measures necessary to allow Saint Lucia to phase-out of HCFCs by 2030, in keeping with the phase-out targets of the Montreal Protocol.   To date, the country is well ahead of the reduction targets set by the Protocol, having surpassed the 2020 target of a 35% reduction in consumption of HCFCs.   The successes were achieved largely through the extension of the activities in (a) to (f) above to include this class of refrigerants.

 On October 15, 2016, Parties to the Montreal Protocol adopted the Kigali Amendment which aims to phase-down global consumption and production of hydrofluorocarbons (HFCs), the most commonly used alternatives to ODS. This was in response to the recognition that HFCs have high global warming potentials and so contribute to global warming and climate change. Saint Lucia recently ratified the Kigali Amendment on November 2, 2021.

Prior to the ratification of the Kigali Amendment, a country policy analysis was conducted under the Kigali Amendment Enabling Activities Project in 2020.  The analysis examined the market for RAC equipment and gases in Saint Lucia, mapped the existing policy and legislative framework in place to support implementation of the Montreal Protocol, assessed their adequacy to support the phase down of HFCs and made recommendations to address any gaps that may exist to achieve the objective of the Kigali Amendment.   It was informed by a review of relevant national policies and regulations, relevant decisions and reports of the Parties to the Montreal Protocol and its technical advisory groups, the results of a national stakeholder’s survey to which there were eighty-seven respondents, one focus group discussion and telephone interviews with key stakeholders in the RAC sector.

One of the main findings of the analysis was that The Montreal Protocol (Substances that Deplete the Ozone Layer Act (Cap. 6.09 of the Revised Laws of Saint Lucia) incorporates the Protocol and its amendments into the Laws of Saint Lucia and will need to be amended to include the Kigali Amendment.  Further, the Montreal Protocol (Substances that Deplete the Ozone Layer (Control) Regulations (2001), as amended in 2015, identify the substances controlled under the Protocol and layout measures to monitor and control trade in these substances and related technologies, contain provisions to deal with illegal trade in controlled goods, and controls the labeling of imports and on goods on display for sale.  These controls will need to be extended to include HFCs. Guided by the results of the national survey and consultations with key stakeholders, adjustments and amendments to the Montreal Protocol (Substances that Deplete the Ozone Layer) Act and Control Regulations were recommended for consideration. 

To this end, the Department of Sustainable Development is seeking a suitable Legislative Consultant to review the Montreal Protocol Legislation along with the recommendations emanating out of the country policy analysis and other relevant reports of the NOU (such as the Verification Report of 2021), and to draft the necessary legislative amendments to allow Saint Lucia to meet its objectives under the Montreal Protocol and the Kigali Amendment. 

2. Objectives

The objective of this assignment is to amend the Montreal Protocol Legislation in Saint Lucia to respond to new obligations under the Kigali Amendment. 

3. Scope of Work

The Legislative Consultant will draft the necessary amendment/s to the Montreal Protocol (Substances that Deplete the Ozone Layer Act (Cap. 6.09 of the Revised Laws of Saint Lucia) and the Montreal Protocol (Substances that Deplete the Ozone Layer (Control) Regulations (2001), to reflect obligations of the Kigali Amendment. 

Working in close collaboration with the NOU of the Department of Sustainable Development, the Legal Consultant will undertake following activities:

1. Review the Montreal Protocol (Substances that Deplete the Ozone Layer Act (Cap. 6.09 of the Revised Laws of Saint Lucia) and the Montreal Protocol (Substances that Deplete the Ozone Layer (Control) Regulations (2001), as amended in 2015, as well as other relevant legislation
2. Review the recommendations emanating out of the various reports of the NOU.  This includes, inter alia:
   1. Country Policy Analysis to support Saint Lucia’s Accession to the Kigali Amendment
   2. Verification Report of Saint Lucia HCFC Consumption (2015 and 2021)
3. Draft the necessary amendments to the legislation
4. Facilitate at least two (2) stakeholder consultations and/or focused group discussions to obtain feedback on the proposed amendments to the legislation to ensure that these are accepted by the stakeholders;
5. Prepare reports on the stakeholder consultations/focus group meetings held
6. Deliver final draft of revised Act and Regulations

4.0 Deliverables and Schedule

• The following provides a preliminary schedule for the work to be undertaken.  Timelines will be reviewed with the NOU and may be modified.   

5.0 Required Skills and Experience

5.1 Education:

• University Degree in Law.
• A postgraduate degree in law would be a strong advantage
• Advanced/post-graduation studies in the Environmental Law, International Law, Environmental Management, Climate Change or related areas is desirable

5.2 Experience:

• At least 5 years of professional experience in the review and/or preparation of legal documents or draft legislation, preferably related to environmental issues
• Experience in legal work related to Montreal Protocol will be an added advantage

5.3 Language:

• Proficiency in English, both oral and written, is required

6.0 Submission

Interested consultants are invited to submit a complete proposal consisting of both technical and financial proposals in a sealed envelope labeled “CONFIDENTIAL” Legislative Consultant-Review and updating Saint Lucia’s Montreal Protocol Legislation to respond to the Kigali Amendment”. The envelope should not be marked with company logos or the consultant’s name. The proposal should be submitted before 4:00 p.m. on Friday September 2, 2022 and should be delivered and addressed to:

The Permanent Secretary

Department of Sustainable Development

Georgiana Court

John Compton Highway

CASTRIES

For further information, please contact the Sustainable Development and Environment Division at telephone number 468-5863/5804/5806.