IRAC 'disappointed' about how an independent review of its operations was conducted

The Island Regulatory and Appeals Commission has responded to a review into its structure, saying its executive and staff were “disappointed” its office was not given an opportunity to respond to the findings before they were released publicly.

The interim report was released Sept. 18 by an independent commission led by Rory Francis. The report recommended major changes to IRAC, like splitting its responsibilities between two new boards.

In a 17-page submission dated Oct. 2, IRAC said it had concerns with the process, was disappointed in the way the report was released and questioned some of the recommendations made in the review’s interim report.

IRAC’s chair and CEO Pamela Williams, said in a public response that her office was only notified on the afternoon of Sept. 17 that the report would be released the following morning.

The commission said it was not given an opportunity to review the findings or ask questions before the report’s release, leaving staff uncertain about what the proposed changes could mean for their jobs.

“The way this process has unfolded over the last two weeks has created uncertainty and disappointment with the process that we have helped to support.”

The commission also questioned the independence of the review following announcements made by the province after the interim report was released. It said the province announcements raised questions about the integrity and independence of the review process.

IRAC also expressed disappointment that it had not received copies of the documents and recordings made during public consultations even though its office requested them.

“The commission was not provided an opportunity to respond to the 63 submissions and 20 public presentations given to the review commission, but it also has not received an opportunity to even see those submissions so it can understand what the review has heard,” the response said.

The interim report recommended splitting IRAC into two separate boards that would report to the minister of Justice and Public Safety.

However, IRAC said it currently hears appeals under legislation overseen by that minister, which could create the appearance of a conflict of interest.

The commission also addressed delays in its appeals process, mentioned in the report. It said some cases remain open because the parties involved are trying to settle their disputes without going through a hearing.

IRAC said it had 24 open planning appeals, down from 35 at the beginning of the year. It said 25 planning matters had been cleared since Jan. 1.

On electricity regulation, IRAC said its responsibility is to ensure rates are fair and reasonable, not necessarily affordable. It said it cannot reject reasonable costs incurred by utilities simply to make electricity cheaper for customers.

However, IRAC did support some of the recommendations, including a land use plan for the province to action, and introducing mandatory external reviews of IRAC every six years. The commission said this schedule would allow staff to prepare ahead of time rather than responding to an unexpected review.

The Guardian reached out to commissioner Rory Francis for a response to IRAC’s submission, but his office declined to comment.

“We are focused on assessing all the excellent feedback we have received on the interim report (over 30 responses). The province’s response has been noted and appreciated, but it doesn’t change the importance of considering feedback from all sources in preparing our final report,” the email said.

“In fact, the purpose of issuing an interim report was to allow for this feedback from all interested parties, including IRAC.”

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Vivian Ulinwa is a reporter for The Guardian in Prince Edward Island. She can be reached at vulinwa@postmedia.com and followed on X @vivian_ulinwa.