It is hard to imagine how anyone could look at the current staffing at IRAC along with their track record on land investigations and not see the huge problems with transparency, accountability and patronage. Astonishing, really.
Premier faces questions about IRAC
Government seeks to expand powers of regulatory commission
STU NEATBY
Premier Rob Lantz, when asked about possible patronage appointments in questioning about the Island Regulatory and Appeals Commission, said “it’s hard not to be politically connected in some way in Prince Edward Island. It’s a very small place.”
Premier Rob Lantz conceded changes could be made to the governance of the Island Regulatory and Appeals Commission after facing questions about patronage appointments and transparency from Green and Liberal MLAs in the closing days of the fall legislature sitting.
IRAC regulates gas prices and electricity rates and administers the Lands Protection Act. The body also adjudicates tenant and landlord disputes, and hears appeals under the Planning Act, the Environmental Protection Act and the Real Property Assessment Act.
A new bill introduced by the governing Progressive Conservatives, known as the Financial and Consumer Services Statutes Amendment Act, will see IRAC’s powers significantly expanded, allowing it to hear appeals on 10 additional laws, including the Collection Agencies Act, the Consumer Protection Act and the Insurance Act.
That bill was passed by the legislature on Nov. 27, the last day of the fall sitting.
TRUST AT ‘ALL-TIME LOW’
During question period on Nov. 26, Green Leader Matt MacFarlane suggested the province should overhaul the regulatory body before expanding its powers. He said IRAC has been secretive about past investigations of the Lands Protection Act, such as a 2018 investigation of Buddhist-owned landholdings, and said that public trust of the regulator is “at an all-time low.”
An investigation report, completed by IRAC, relating to a 2019 investigation of landholdings of Irving family-connected firms has also never been made public.
“Are you not concerned at all, Mr. Premier, that giving more oversight and authority to IRAC, without any new accountability requirements sends the message that government’s priorities are backwards?” MacFarlane asked.
“Shouldn’t rebuilding public trust come first before expanding IRAC’s power?”
Lantz said he would happily provide more powers to IRAC if it allowed the regulator to complete its work.
MacFarlane pushed further, suggesting the premier conduct an independent third-party review of IRAC, including its governance structure, its reporting relationships to cabinet and its appointment process.
Lantz conceded there is public frustration with the commission and said it “probably stems from the length of time it takes to get decisions on certain items.”
INCREASING WORKLOAD
Lantz suggested the workload of the commission has increased as the province’s population has grown.
“So I certainly – as I alluded to yesterday – would look at any public body to make sure that they’re acting productively in the best interests of Islanders and able to undertake their mandate effectively,” Lantz said.
Speaking after question period, MacFarlane said a review of IRAC’s many roles could take time, but said it was necessary. He also said that if IRAC is to continue in its role of enforcing land decisions, “it needs to work well.”
“It needs to be properly funded, it needs to have the right people in the positions who have gone through a competitive, merit-based process to serve in those positions. The work needs to be open,” MacFarlane said.
Provincial staff say the Financial and Consumer Services Statutes Amendment Act would not lead to a large increase in appeals heard before IRAC. Staff have told The Guardian there are fewer than 10 appeals a year heard for all acts covered under the new bill.
REGULAR REVIEWS
One day earlier, Lantz faced questions about IRAC from Liberal Opposition Leader Hal Perry.
In the legislature, Perry deemed IRAC to be “slow, inconsistent and unresponsive.”
Perry said the leadership of IRAC was “appointed by this government” and asked for an independent review of the commission.
Lantz said he believes government agencies and Crown corporations, including IRAC, should be reviewed regularly to ensure they are meeting their obligations.
“We are looking at a new model for how appointments are made to IRAC. That is something that’s underway right now and we’ll bring that forward at the appropriate time,” Lantz told the legislature.
PARTY CONNECTIONS
The current chair of IRAC, Pamela Williams, worked as the chief of staff of former premier Dennis King from 2019 to early 2025. The vice-chair of the commission, Kerri Carpenter, is a former member of the executive of the P.E.I. Progressive Conservative Party. Carpenter was the co-chair of the party’s so-called PC Island Fund in the months before the 2023 election.
But questions about patronage appointments to the commission have been a feature of P.E.I. politics during the tenure of both Liberal and PC governments.
In 2011, former Liberal premier Robert Ghiz also faced similar questions after appointing a former Liberal candidate and friend as a part-time commissioner.
When asked about Williams after question period, Lantz said her appointment as chair of the commission happened before he became premier.
“Pam Williams is absolutely qualified for that position – I think uniquely qualified for that position – given her background in the legal community and in government,” Lantz said.
When asked whether the appointment of Carpenter was linked to her role in his party, Lantz said that “it’s hard not to be politically connected in some way in Prince Edward Island. It’s a very small place.”
Lantz said his government has looked into best practices in other provinces and found that cabinet often makes appointment decisions for public bodies like IRAC. But he conceded there are concerning optics with these decisions.
“I think people would like to know how those appointments are made,” Lantz said.
ETHICAL STANDARDS
The Guardian sent several questions to IRAC about its conflict of interest policies and the appointments of both Williams and Carpenter.
In a response, commission representative Jaclynne Hamel said commissioners and staff are required to “self-identify” conflicts of interest before the commission and recuse themselves from involvement in these matters.
Hamel also said there are “cooling-off periods” for some commissioners related to matters involving their previous roles.
“For example, the chair has not been involved in matters where there is a decision of a minister under appeal,” Hamel said.
Hamel said full-time commissioners are well qualified for their roles and follow high ethical standards.
“These standards and obligations are not taken lightly; the integrity of the commission and the very nature of their professions, including their standing with the Law Society of Prince Edward Island, require their adherence,” Hamel wrote.
