I'm not going to tell you how to improve this legislation or even tell you if it requires improvement, but I certainly can say that this provision not only doesn't prevent governments, whether federal or provincial, from taking measures to conserve resources and impose the normal kinds of constraints and licensing procedures, and what have you, on the exploitation of resources, but also that the provision originates to ensure that nothing in the implementing legislation or the FTA itself, going back to the NAFTA, impedes or impairs the ability of a government to engage in or take those kinds of measures to protect resources, water in particular here.
On June 1st, 2010. See this statement in context.