I think the drafters have tried to cover too much ground with one concept. They have tried to accommodate substitution of provincial processes and recognition of indigenous processes in the same basket. It's not working because there's a set of requirements that we'd quite cheerfully apply to provincial processes. They have to meet the standards that Anna was talking about, but provincial jurisdiction over natural resources is not the same thing as indigenous self-determination and constitutionally protected agreements like the JBNQA and all the modern comprehensive claims in addition to recognition of treaty rights. Nation-to-nation relationships are not the same as federal-provincial relationships, and they don't work well together.
I have proposed elsewhere that they be treated separately, that there be specific recognition of nation-to-nation relationships in law, not just in rhetoric, and that the provincial jurisdiction be treated in a more collaborative way so there is provincial jurisdiction. We have had harmonized and successful environmental assessment processes and we can work on expanding them to sustainability assessment or impact assessment, and of course, there is lots of room for other co-operation, other collaborative processes. Whether that is regional municipalities or provinces doesn't really matter.