The inquiry process, comprehensive review of resource proposals? : the West Coast Oil Ports Inquiry, a case study
Date
1980
Authors
Wigmore, Judith Anne
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Abstract
Recognition of the need development proposals has to review large-scale resource become a major concern for those involved in the use of Canada' s natural resources. Uncertainty exists over what review requirements are necessary. This thesis suggests that a comprehensive review is necessary, to ensure that there is a reasonably complete understanding of a proposal's effects on the natural environment and on society , prior to a project decision.
This thesis suggests that function and structure influence the fulfillment of comprehensive review : function being the purpose of an activity; structure, the framework or process which uses mechanisms or means to produce a desired outcome. A comprehensive review's function ensures that all information relevant to a proposal is given to decision-makers. A comprehensive review's structure depends upon the mechanisms which are used to identify, obtain and analyse relevant information.
A critical examination reveals that comprehensive review is not possible in existing Canadian reviews. Recently, due to review inadequacies, the public inquiry has been used to assess resource proposals. This the sis analyzes the extent to which the function and structure of a federal inquiry, the West coast Oil Ports Inquiry, provided for a comprehensive review. This Inquiry was established in March 1977 to investigate and report upon the environmental, social and navigation safety aspects of a proposed oil port at Kitimat, British Columbia and o f proposed American sites, might affect Canada's west coast.
Interviews were conducted with individuals associated with the West Coast Oil Ports Inquiry , other resource development inquiries and existing Canadian review processes. In addition, data was collected by examining Inquiry documents, including hearing transcripts and staff correspondence. Two conclusions have been reached based on the case study analysis:
1. the Inquiry's function was influenced negatively by the selection of the Commissioner, the Inquiry's budget and reporting date limitations and was not comprehensive;
2. the Inquiry's structural mechanisms, which might have been comprehensive, were not adequately tested due to the Inquiry's termination.
The thesis concludes that the public inquiry has both desirable and undesirable review attributes. The political nature of an inquiry limits the extent to which an inquiry can provide for comprehensive review. If Canadian reviews are to be improved, serious consideration must be given to legislation which specifies a review's function and establishes guidelines for re view procedures, in order to ensure that large-scale resource proposals are comprehensively reviewed.