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I thought this press release might be of interest to sust-mar readers.
Christopher Majka
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PRESS RELEASE - FEBRUARY 4TH, 2001
MEA DEMANDS CHANGES TO PROPOSED TERMS OF REFERENCE OF PUBLIC HEARINGS INTO
CAPE BRETON INSHORE/NEARSHORE OIL AND GAS LEASES AND CONSIDERS LEGAL
ACTION (See WWW.CNSOPB.CA)
------------------------------------------------------------------------
Neal Livingston February 4, 2001
Margaree Environmental Association by fax
c/o Box 55, Mabou, N.S. BOE IXO
902-258-3354, fax-258-3244
Hon. Ralph Goodale Hon. Gordon Balser Mr. Glen Yungblutt
Minister Minister Chairman
Natural Resources Petroleum Directorate CNSOPB
Ottawa Halifax Halifax
RE: Proposed Terms of Reference-Cape Breton Inshore Licenses
Dear Sirs:
We have reviewed the proposed terms of reference for the public review of
these licences, and have significant and urgent comments that require your
immediate attention.
We are requesting that you revise the proposed terms of reference based on
the following, and re-release them as suggested below.
1) Section 4. Limitation
The Commissioner's mandate shall not include an examination of
questions of energy policy or legislation, jurisdiction, the fiscal or
royalty regime of governments, the division of revenues between the
Government of Canada and the Government of Nova , or matters which go
beyond consideration of the effects of potential oil and gas exploration
and drilling activities within the License Areas.
-We regard this Limitation as being in contravention of "Accord
Legislation-Section 44 Public Review".
44 (2) a. establish terms of reference and a timetable that will
permit a comprehensive review of all aspects of the matter, including
those with the authority of Parliament or the Legislature of the Province;
Section 44(2)a:
- allows for comment on energy policy.
- allows for comment on legislation;
- Primary to public concern on this issue has been the CNSOPB Legislation,
and whether it is appropriate legislation for inshore near shore
licensing.
-Inshore oil petroleum licensing can be seen to represent the most
significant change at our shores since the coming of the Europeans.
-allows for comment on any other matters that the public may wish to
consider relevant.
Therefore we request that Section 4 -Limitation be deleted immediately.
2) Appointment Of Only One Commissioner:
-We regard this decision as unsatisfactory based on the level of public
controversy on this issue, the precedent of a three person review panel from
the George's Bank Review, and that having one commissioner diminishes the
appearance of fairness of this review;
Accord Legislation-Section 44 (2) b. - appoint one or more
commissioners and, where there is to be more than one commissioner,
appoint as commissioners persons nominated by each of the government in
recognition of the authority of Minister of the Crown in right of Canada
or of the Province under any Act of Parliament or of the Legislature of
the Province other than this Act or the Provincial Act, in relation to the
matter;
Therefore we request an immediate revision to the Proposed Terms of
Reference to include three Commissioners.
We regard these changes as requiring your immediate attention,
and wish to state how serious we consider these matters to be.
We will consider legal action regarding non-compliance with Section 44 of
the CNSOPB legislation should these changes not be made, with a re-issuing
of the Proposed Terms of Reference.
I look forward to hearing your reponses as soon as possible.
Sincerely
Neal Livingston - Chair
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