Avoiding perception of conflict of interest. The May 11 Discussion Paper states explicitly that Canada's experience with the ongoing B.C. Hydro submission prompted this policy proposal. Because the B.C. Hydro submission process is not yet completed, Canada must be particularly careful to avoid creating the public perception that it would use its authority as a member of the Council to attempt to influence the outcome of the Secretariat's preparation of the factual record in the B.C. Hydro submission. Canada gained considerable credibility when it joined the other two Parties in the Council's unanimous decision to direct the Secretariat to prepare a factual record in the B.C. Hydro submission. That credibility would be undermined if Canada was perceived as trying to 'change the rules' to help its own case.
Agreement speaks for itself.
The concept of a Party effectively enforcing its environmental law is one of the core elements of the Agreement. The meaning of the concept emerges from the Agreement as a whole, as well as from various specific articles of the Agreement. In our view, it would be undesirable to attempt to paraphrase or restate the Agreement regarding this important concept. Secretariat, Council, Parties and Citizens. The Draft Policy addresses the relationship between the Secretariat and the Council regarding Article 14-15 submissions, emphasizing the Council's oversight role.