Thank you, Mr. Aldag.
Our major recommendation here goes to the provisions in both the impact assessment act and CERA that allow for the delegation of decision-making authority. Our interest is in making sure that this is realistic and achievable. Right now the legislation defines the bodies that can receive delegated authority as indigenous governing bodies. That would be very appropriate in some circumstances, but when you have many nations impacted by a major project, and particularly a linear project like a pipeline, it is not going to be achievable. There are just too many nations for you to be able to form a body that is going to formally represent their section 35 rights.
Our submission is that the act should provide for more flexibility, because there may be times when there is sufficient support from the indigenous nations to form a body that is like our committee. It does not replace the duty to consult and does not formally represent section 35 rights, but indigenous nations would prefer that this body exercise some authority instead of it all being left with the regulator, and instead of only the government making those decisions.
Our position is that the legislation is drawing the box of where delegation can happen. Don't make it too small. Let the regulations, and most importantly the minister, make a determination on a case-by-case basis for when delegation is appropriate and to what kind of body. We recommend that you broaden the definition of “indigenous governing body”. We've suggested “indigenous organization”. It doesn't have to be that; we just suggested that because it's already in the bill. Make it broader than just “indigenous governing body”, and let the minister, in consultation with nations, decide when delegation is appropriate and to whom.
Again, we fully support the recognition of inherent authority by nations. That is the ideal, but sometimes it's going to be very difficult, if not impossible, to marry that with delegated authority. In the least we want to see the indigenous side involved in a serious way in making decisions.