I'll start off, Mr. Chair, by saying that obviously this bill is presented to implement harmonization for Ontario and B.C. So it's the choice these provinces have made, and this is a framework bill that allows the implementation of that choice at the end of day. In particular with respect to Ontario--I guess there was a B.C. first nation here too--how the tax is designed is for Ontario and B.C. to make those decisions at the end of the day, and whatever facility they wish to accommodate in that respect is for the Ontario and B.C. governments to do. That in essence I think answers the overarching question.
I'll just comment on whether or not there was a duty to consult. I myself met with Ontario first nations, and we have met with them and tried to understand their perspective, tried to explain the HST and how it would work, and provide as much information as possible so that there could be an understanding of how the HST was going to work. We also offered very clearly to meet as many times as was necessary to understand how the implementation of the HST was going to work.
A duty to consult arises out of a treaty or aboriginal right. The exemption that exists is a statutory exemption. It's section 87 of the Indian Act, which is not an aboriginal or treaty right. Canada has never recognized that these kinds of exemptions are a treaty or aboriginal right. It's a statutory exemption, and as a result the formal duty to consult is not triggered. However, despite that we have been meeting and trying to exchange views and understanding of where the aboriginal first nations of Ontario are coming from.