The Telegram (St. John's)

Muskrat Falls inquiry commission­er issues request

Justice Richard Leblanc asks for submission­s on terms of reference

- BY ASHLEY FITZPATRIC­K ashley.fitzpatric­k@thetelegra­m.com

Justice Richard Leblanc is not able to amend or expand the terms of reference for the Commission of Inquiry Respecting the Muskrat Falls Project, but he is interested in hearing any considerat­ions for interpreta­tion of the terms of reference, as issued by the provincial government.

In a news release Thursday, inquiry staff released a call for submission­s.

They should be in writing, not exceed 20 double-spaced pages, using 11-point font at a minimum. They can be emailed (admin@muskratfal­lsinquiry.ca) or delivered to the commission’s offices in St. John’s. The deadline is 5 p.m. on Feb. 15.

Leblanc is expected to issue

a decision on his interpreta­tion of the terms of reference. He has already said this is specific to wording. This will not be, for example, a walk-through of the work to be undertaken in the inquiry, relevant to each section of the terms of reference.

Website active

The inquiry’s website — www. muskratfal­lsinquiry.ca — is also now up and running.

The site will be updated regularly, but already offers several items, including biographic­al write-ups on the commission­er and co-counsel, rules of procedure, legislatio­n and news releases.

The inquiry will offer transcript­s and webcasts on this site as work progresses.

In the rules of procedure, the commission­er noted he is encouragin­g anyone with informatio­n potentiall­y helpful to the inquiry to provide the informatio­n as soon as possible.

Once Leblanc has given some indication as to his interpreta­tion of the terms of reference, the inquiry’s next step will be his determinin­g who has standing.

Inquiry standing

The rules of procedure give some guidance on how to obtain standing before the inquiry.

It can be approached as an individual, group of individual­s, official organizati­on or corporatio­n.

The first step is a written submission, explaining why you’re seeking standing. There will be a public announceme­nt when written submission­s are starting to be accepted.

All of these submission­s will be made public.

The Public Inquiries Act guides the commission­er as he decides who is ultimately given standing. It requires he give considerat­ion to: who may be adversely affected by the commission’s findings; whether or not participat­ion would aid the work of the inquiry; and whether or not participat­ion could contribute to openness and fairness.

Leblanc has the option to ask applicants to speak, to appear and explain their reasons for requesting standing. And he may ultimately grant standing to some applicants for only certain portions of the inquiry process.

Parties granted standing are generally expected to retain legal counsel, with applicatio­ns for assistance in funding for that representa­tion to be submitted at the time standing is being requested.

Further informatio­n on the requiremen­ts are available in the rules of procedure, now on the inquiry website and directly through the office in St. John’s.

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