Mr. Nelson Barbosa (Director General, Community Infrastructure Branch, Department of Indigenous Services) at the Indigenous and Northern Affairs Committee

Thanks for the question.

As in many conversations I've had at this table, the litmus test would be unclear, but there is clear language throughout the bill that talks about consultation and co-operation. I would see that as part of an analogous term that could be applied here.

Also, I'll point to subclause 5(3), which talks about “free, prior and informed consent” as a guiding light already entrenched.