Sudbury Soils Study

Public Advisory Committee - Meeting #10 - Revised

September 16, 2003 – 6:30 p.m.

Koski Centre - Cambrian College

 

 

Attendees:                 Norris Artuso                           Joe Cimino                  Ivan Filion                   

John Hogenbirk                       Gary Hrytsak               Aino Laamanen                      

Rubina Nebenionquit               Paul St. Jean              

                                                                                            

Process Observer: Franco Mariotti

 

Absent:                       Ronda Gougeon                      Dino Maserio

                                   

TC Members:            Marc Butler                              Bruce Conard             Gord Hall        

Max Kasper                             Dennis Kemp              Brian McMahon          

Cory McPhee                          Stephen Monet            Mary Ellen Starodub   

Ido Vettoretti                            Glen Watson               Ed Wierzbicki

 

SARA Group:             Jan Linquist                             Chris Wren    

           

Chair:                          Ivan Filion

Recorder:                  Julie Sabourin

 

Public

Media

 

 

1.0       CALL TO ORDER

 

The meeting was called to order at 6:30 p.m. following dinner.  The Chair expressed his appreciation for the number of public that were in attendance.  He encouraged them to talk to members of both the PAC and the TC after the agenda was completed. 

 

2.0       DECLARATION OF CONFLICT OF INTEREST

 

None.

 

3.0       ADDITIONS TO/APPROVAL OF THE AGENDA

 

There was a request from the audience for an opportunity to present a letter from the Union leaders of both Inco and Falconbridge.  The Chair asked the pleasure of the Committee to which all agreed to place this item under the Addendum.

 

Under New Business add:

            1.         Presentation regarding Port Colborne Visit - Franco Mariotti

            2.         Presentation by Eric Gillespie

 

            A request was also received to combine agenda items 5.3 and 5.4.

 

 

 

 

 

4.0       APPROVAL OF MINUTES

 

            4.1       Minutes of Meeting #9 – May 20, 2003

 

08-2003           Moved by Hogenbirk – St. Jean: That the minutes of meeting #9 dated May 20, 2003 be approved.  CARRIED

 

5.0       BUSINESS ARISING FROM MINUTES

 

            5.1       Recruitment of PAC Members

 

            At the last TC meeting and following discussion, the TC recommended the PAC become more autonomous and consider recruiting their own Committee members.   The PAC was then informed that Ronda Gougeon submitted her resignation from this Committee due to time constraints. This leaves two vacant positions on the PAC. During discussions the concern was expressed regarding any legal repercussions/liabilities to the members of the PAC as volunteers.  The PAC also requested to see the criteria used in the selection process and any applications that are currently on file.  It was also suggested that the TC initiate the call for applications via the media, forward, or have the applications directed, to the PAC who in turn will short list and provide the names for TC consideration.  It was agreed that this item would be deferred to the annual review of the Terms of Reference wherein a procedure would be developed and incorporated.  This would also provide an opportunity for legal opinion to be obtained.  In the interim, the PAC supported working with the current process.

Action:  Criteria to be tabled at November meeting for review.

 

5.2       PAC Annual Report

 

            The Chair noted that this is identified as being the responsibility of the PAC in their Terms of Reference.  It was suggested, to which all agreed, that the Chair and Vice-Chair prepare a document for review at the next meeting - approximately two pages, listing accomplishments, recommendations and how they transpired.  It was requested that this document be distributed electronically to the PAC prior to the next meeting for review.  It was also suggested that the final report be distributed to the public via the website.  The Chair asked the PAC to forward to him any suggestions for headings, things that needed to be said, etc., for inclusion in the draft.

Action: PAC to feedback information to the Chair.

Chair to distribute draft electronically prior to next meeting.

Final draft to be tabled at November meeting for approvals.

 

            5.3       Progress Report from the SARA Group

 

Chris Wren of SARA made a presentation on the status of the Study to date and requested feedback in several areas.  One request was if the PAC agreed there was enough profile with the Vegetable Garden Survey. The PAC supported the TC/SARA decision in this regard as it was reported there was a cross-section of the Study area incorporated into the documentation.  Another request was for comments regarding the Update newsletter. 

Action: Comments to Chris (via the Chair or Julie) by September 19th.

 

Chris indicated he expected this would be distributed in the Northern Life by mid-October.  Further to this distribution, it was stated that not all members of the Study area would receive the Northern Life and what contingency plan was in place for those citizens.  Chris indicated that stacks of the newsletter are distributed to special interest groups and it would be posted on the website.  It was a requested that the CSC research to ensure all the study area is covered in the distribution.  It was requested that distribution be done prior to the next Open House and consideration be given to a mail out to all residences.

Action:  CSC to research distribution points.

 

Communication Plan: Chris reported that the Communication Plan would be presented at the next PAC meeting. The concern was expressed by the PAC for the need to go outside of Sudbury to retain professionals to fulfill this job function. Chris explained the process and the reasoning behind the decisions and indicated that this recommendation was supported by the TC.

Action: Julie to place on next agenda.

 

Open House:  This is tentatively scheduled for November 18th. It was noted that this was in conflict with the regularly scheduled PAC meeting.  Alternate dates will be discussed further in the agenda.  The PAC requested more process elements be presented at the next Open House - what the TC/PAC is, who makes up these Committees; what is expected to be accomplished; what the obligations at the end of the Study are; more of an information session with Power Point presentations.  The PAC asked for an opportunity to review the material prior to the Open House to be able to provide feedback.  It was thought that a special meeting/ presentation may have to be held to accomplish this.

Action:  SARA to provide opportunity for PAC feedback.

 

Falconbridge Liaison Committee (FLC):  The PAC was informed about the concerns raised in this community and informed of recent developments.  Chris explained that Falconbridge Ltd. and the FLC were encouraged to bring the results of any testing under the umbrella of the Sudbury Soils Study to form part of the HHRA. This raised the question as to whether the FLC now becomes a Sub-committee of the TC similar to the PAC.

Action:  For TC discussion.

 

Scientific/Peer Reviews:  It was noted that access to technical information regarding the Study is not limited to the Scientific Reviewers.  Each agency/company involved with the Study is available to the PAC, upon request, to inform on their role or clarify information within their scope of expertise.  The PAC was also informed of the individuals selected as the scientific reviewers that will follow the study and that are in addition to the peer reviewers that will critique the completed study.  The TC also informed the PAC that the reviewers selected for the final report will be selected from an international body who, in their own right, must maintain rigorous standards as part of their ethical responsibility to their own scientific community.  The PAC indicated that they would be interested in the selection process of these Reviewers.

Action:  WG to keep PAC informed.

 

Further to Chris’ report, he asked for feedback from the PAC as to how they felt it would be best to present the data to the public.  He provided various options for consideration. Several suggestions were offered with no conclusion achieved at this point in time. The PAC requested that the information contained in the report not be diluted nor trivialized;\ and that statements be direct and conclusive.

 

 

6.0       NEW BUSINESS

 

 

 

 

6.1       Process Observer Visit to Port Colborne

 

            Franco presented his understanding of the process and committee structure in Port Colborne as a result of the visit  He provided some history of both the Port Colborne and Sudbury studies and highlighted the differences.

 

            6.2       Eric Gillespie

 

Mr. Gillespie, a Toronto lawyer working with residents of Port Colborne for the past couple of years, asked for an opportunity to speak to the PAC.  He had several suggestions to offer the PAC such as retaining their own technical advisors and expand the membership of the PAC. 

 

At this point Mr. Artuso noted that the minutes do not always accurately reflect what transpires at the PAC meetings and a request was made for Mr. Gillespie to consolidate his comments and submit them to be appended to the minutes.  The Recorder informed the PAC that Committee members are given every opportunity to modify the minutes to their satisfaction, prior to final approval at the meeting.

 

The question was also raised as to whether or not there is a budget assigned to the PAC.  The Chair indicated that this could be reviewed with the Terms of Reference.

 

6.3       Letter presented by H. Seguin

 

Homer Seguin read a copy of the letter, submitted to the PAC and which was addressed to the Premier and signed by all the labour leaders employed by Falconbridge and Inco Limited.

 

7.0       TC MEETINGS

 

7.1       Minutes of TC Meeting #22 June 3, 2003                         

            Minutes of TC Meeting #23 July 15, 2003

            Minutes of TC Meeting #24 August 12, 2003

            Minutes of TC Meeting #25 September 3, 2003 (Draft)

 

These minutes were tabled for information.  Further to the minutes of meeting #22, clarification was requested regarding the discrepancy in the lab results regarding arsenic. 

Action:  TC to provide more information at next meeting. 

 

Regarding minutes #24 and the ownership of the Study materials it was reinforced that this was a promise made to the community.

 

8.0       ADDENDUM

 

            8.1       Future Agendas

 

            It was requested to have sufficient copies of the agenda available for the public at future meetings.  It was also requested that Committee members be introduced to the public as well.

Action:  Julie to provide extra copies of the agenda.

Chair to facilitate introductions of committee members.

 

 

 

9.0       NEXT MEETING

 

Due to the conflict with the scheduling of the Open House, it was agreed to schedule the next PAC meeting on November 13th.  It was also agreed to delay the Open House to November 25th if the Science North Cavern is available.

 

November 13, 2003 at 6:00 p.m. – Koski Centre, Cambrian College

 

10.0     ADJOURNMENT

 

09-2003           Moved by Hrytsak - Cimino: That this meeting be adjourned.  Time: 9:50 p.m.  CARRIED

 

 

 

 

            _______________________________                      _____________________________

                        Chair, Ivan Filion                                                         Recorder, Julie Sabourin

 


Summary of Presentation to Sudbury PAC by E. Gillespie on Sept. 16, 2003

 

At the request of the PAC, I am providing a written summary of the presentation made at the PAC meeting on Sept. 16, 2003.  This summary includes material presented that evening as well as some additional information regarding the same subject matter.  If the PAC has any further questions or wishes to obtain any additional information I would be pleased to respond.  I can be reached at (416) 593-4385 ext. 225 or at ekg@mmplaw.ca

 

Background

 

I and other legal counsel have been working for the past two and a half years on behalf of residents in Port Colborne, Ontario to address issues of historic contamination in that community from a large scale nickel refinery operated by Inco since 1918.  We represent approximately 8,000 residents in a proposed class action, and approximately 1,500 residents who we have been retained by outside of the class action.  In addition we are working with residents involved in a separate Port Colborne initiative called a Community Based Risk Assessment (CBRA). 

 

Port Colborne’s CBRA

 

The CBRA is an approximately $10 million risk assessment process that started in 2000 and will likely be completed in 2004.  It will produce three major studies, (i) a human health risk assessment, (ii) a natural environment risk assessment and (iii) an agricultural crop study.  In addition, at the request of the community a large scale human health study and a proposed property valuation study are also to be undertaken in large part through the CBRA.     

 

The CBRA is fully funded by Inco.  However, all work is directed by a Public Liaison Committee (PLC).  As discussed in the presentation made to the PAC by Franco Mariotti, the PLC is made up of 8 residents, all of whom submitted their names and were then appointed to the PLC by the City of Port Colborne. 

 

There is also a Technical Sub-Committee (TSC) of the PLC.  The TSC is made up of members of the PLC, Inco and its various consultants, the Ministry of Environment (MOE), the City of Port Colborne and the Regional Public Health Department. 

 

All scientific matters are referred initially to the TSC, which then makes recommendations and forwards them to the PLC.  The PLC can either endorse the recommendations or refer matters back to the TSC for further consideration and/or revision.   Because the TSC operates on a consensus decision basis, Inco must approve of all decisions before they go to the PLC. However, the PLC must also endorse each decision on behalf of the public.  The final work product will then be submitted by the PLC to the MOE for review.

 

The Port Colborne CBRA and the Sudbury Soils Study are clearly different, and it would not be appropriate to try to import everything from one into the other.  However, there are aspects of each that are worth considering. 

 

 

 

 

 

The PLC’s Scientific Advisors

 

The Port Colborne TSC also includes representatives from Stantec Limited.  Stantec is a multi-national consulting firm with on-staff specialists capable of providing expert advice in most areas of the CBRA.  Stantec act as the technical advisors to the PLC.  They were selected by the PLC from amongst competing firms.  They are paid by Inco, but all monies flow through the City of Port Colborne.  As a result, the City requests that Inco deposit a certain sum in advance of any work being done.  Once these funds are depleted more are sought.  In this way, Stantec knows that it will be paid and operates independent of Inco’s control, but is not reliant on taxpayers’ dollars to finance its work. 

 

Over the past three and one half years Stantec (once known as Beak International) has devoted several thousand hours to assisting with the development of protocols and studies, supervising field work and providing detailed reviews and comments on work that has been completed.  They do not act for industry.  They do not act for the government agencies involved in the process, all of whom have their own experts.  They act for the public and provide independent advice that ensures that public input into the process is fully informed and meaningful. 

 

This provides a three way balance between industry, government and the public.  Since each has a very large interest in the outcome of the process, each has a role to play.  This approach ensures that each set of interests is fully represented and fully informed.

 

Sudbury’s PAC     

 

Industry and government have a major role in the Sudbury Soils Study process.  The PAC is the primary mechanism through which the public has a role.  However, there are concerns that the PAC is not being provided with the full range of tools that it requires to be a fully informed and meaningful participant in the SSS process.  As a result, the PAC is now being asked to consider adding a technical consultant of its own choice. 

 

It would appear that in principle the Technical Committee (TC) of the SSS has already agreed that this type of support is appropriate, given that at the meeting on Sept. 16th it was announced that Dr’s Swanson and Breecher have been appointed as Scientific Advisors to the TC and PAC.  In addition, it was also suggested that the PAC can refer technical questions to the MOE and Public Health Unit (PHU).  However, there are three concerns with this approach. 

 

First, the amount of work involved in participating as the technical advisors of the PAC is likely well beyond the capabilities of two individuals.  As noted above, in the case of Port Colborne thousands of hours have already been spent by the PLC’s technical advisors.  Given that Sudbury is far larger and has almost ten times the population, the SSS is an even bigger undertaking.        

 

Second, a concern was expressed about the PAC’s ability to select truly independent consultants. This concern was highlighted by the acknowledgement by Dr. Bruce Conard of Inco during the meeting on September 16th that Dr. Breecher recently appeared at an Ontario Environmental Review Tribunal Hearing in Port Colborne as an expert witness retained and paid by Inco.

 

Third, if matters are referred to the same government agencies already involved in the SSS, then it is unlikely that they will see and correct errors. Given that they will have already reviewed the same subject matter, any problems or conclusions that may need to be revisited are unlikely to be identified by the same agencies that have already gone through the same exercise at the TC level.  In addition, government agencies (especially small entities such as the PHU) do not have sufficient resources to fulfill this role.  More importantly, this also draws on the public purse, which most members of the public do not believe should have to bear this burden.

 

As a result, for the following reasons, it would appear to be beneficial for the PAC to be provided with its own self-selected, independent technical consultant.

 

(a)      Time:  It is apparent that significant demands are already being placed on a small group of individuals, all of whom are volunteers.  Selection of a technical consultant would dramatically reduce the amount of time that PAC members will have to spend reviewing and commenting on the large number of scientific investigations that will take place over the next three years. 

 

(b)      Expertise:  If public input through the PAC is to be truly meaningful it must also be informed.  In many people’s minds it is not reasonable to expect a group of community members, particularly volunteers, to already have or to develop the extremely wide range of expertise to be able to properly review and comment on all aspects of the SSS. 

 

(c)      Liability:  There is also the issue of potential liability to PAC members.  However, if a professional consulting firm is providing advice the burden of liability would fall on them.

 

(d)      Credibility:  Any time a process involves industry and government there will be people who have doubts about the process.  That is one of the main reasons why the PAC exists, to ensure that the public also has a role in the SSS that is independent of industry and independent of government agencies.  Enhancing the role of the PAC clearly enhances the role of the public and the credibility of the SSS.

 

(e)      Compromise:  Recently concerns have been raised from various parts of the community regarding the role of Inco and Falconbridge in the SSS.  We have not advocated for the removal of the companies from the TC.  Instead, we believe a better solution is to level the playing field between industry, government and the public, in part by allowing the public to participate in a more informed and educated way through its own scientific consultants.  We believe that by the PAC and TC agreeing to this type of compromise, this will be a clear sign that the SSS is receptive and responsive to the community. 

 

(f)       Cost:  If the SARA Group’s work is being done properly costs will be minimal.  If they rise because issues are discovered obviously additional expenditures would be justified.

 

(g)      Finality:  By including a stronger role for the public in the scientific process this significantly reduces the possibility that outside challenges to the SSS, which could delay the final outcome of the SSS for many years, will be mounted.

 

For all of these reasons, we sincerely hope that the PAC will endorse a recommendation that technical consultants be provided for the PAC.

 

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