Yes, we believe that the Umbrella Final Agreement provides a blanket authority in section 12.19.2.15 for development assessment legislation to provide for “any other matter required to implement the development assessment process”. This authority would include policy direction and, again, there are four examples of policy direction having been provided to the Mackenzie Valley Land and Water Board under the Mackenzie Valley Resource Management Act in the Northwest Territories. In each case, policy direction was used to clearly communicate expectations based on interim measures agreements with first nations. One was requiring that notification be provided to each of the Manitoba and Saskatchewan Denesuline regarding licences and permits in a given region; providing instruction to the board regarding its obligation under the Deh Cho First Nations Interim Measures Agreement; respecting lands withdrawn from disposal that may not be used in geophysical land use operations involving seismic operations; and, ensuring that the board carries out its functions and responsibilities in cooperation with the Akaitcho Dene First Nation and its pre-screening board. So whenever policy direction has been used, it has been used to protect the interests of first nations, and the UFA clearly provides for this clause.
