NDP-59 removes the minister's discretionary power to issue guidelines or codes of practice, or to establish criteria for the appointment of members on review panels or committees in proposed sections 92 and 93. Proposed section 92 deals with regional assessments where the region is entirely on federal lands, and proposed section 93 deals with regional assessments where the region is only partially within or is entirely outside federal lands.
Essentially, it's the same thing again. This isn't about the minister making regulations. It's about her issuing guidelines and codes of practice, and criteria for the appointment of members on the review panels. It all seems to be very sensible, fair, open, and transparent, providing legal certainty.
I will speak to NDP-60 as well, since we're doing them together. Again, it adds a new section 114.1 and makes it mandatory, as follows:
For the purposes of this Act, the Minister must
(a) issue guidelines and codes of practice respecting the application of this Act;
(b) establish criteria for the appointment of members of review panels; and
Actually, we only need to do one or the other. Obviously, this is something a lot of people called for.