In fairness, we've never been clear about that. CEAA 1992 wasn't clear on that. I do think, however, that it's time to provide some clarity on this, and I think there's more uncertainty now as a result of the planning phase. The planning phase talks about asking for information, which is a good idea, but it raises certain questions. Is that a scoping decision, or is it just inviting some information? It is less clear now when the scoping decisions are made and what the role of the panel is. I think one of the most troubling effects of practice over time has been that the role of the panel in scoping has been reduced.
On April 26th, 2018. See this statement in context.