Thank you for the question.
This is one of the key amendments that the AFN is putting forward with respect to the bill.
Looking at protection zones, the draft as it stands only partially recognizes “first nation” and affirms first nation jurisdiction over source water off reserve. In fact, it makes that recognition and affirmation contingent on first nations reaching agreements with provincial, federal and territorial governments.
Now, as you've heard from other witnesses, that jurisdiction—the inherent jurisdiction of first nations to protect their source waters—is not contingent on federal legislation, either in this bill or any other legislation. It's not contingent on those first nations reaching agreement.
The amendments that we're putting forward are to fully recognize that jurisdiction. One mechanism that we're putting forward for doing that is looking at a mechanism that's already been tested and endorsed by the Supreme Court of Canada. That is the mechanism in what's referred to as Bill C-92, an act respecting first nations, Inuit and Métis children, youth and families.
That mechanism, we think, would do justice to the first nations with respect to the recognition and affirmation of their inherent jurisdiction over source waters and protecting those source waters.