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.
