Indigenous and Northern Affairs committee  I think there are two things. Transport Canada will not participate until there's an application later to them. That doesn't occur until after the assessments are completed. So we may be assessing a project and not considering what Transport Canada needs to go ahead. That's a definite problem.

Indigenous and Northern Affairs committee  Thank you for the question. On large-level projects that go to the executive committee, there is a statutory obligation or requirement for a proponent to consult with affected communities and affected first nations prior to submitting a proposal to YESAA. In the case of our traditional territory, for any project that is partially or totally in one of those traditional territories, there is a statutory requirement for consultation--on the proponent.

Indigenous and Northern Affairs committee  It gets very complicated, but generally, on some settlement lands, there are surface and subsurface rights, while some have only surface rights. If a project is to go on first nation land where they have both surface and subsurface rights, that first nation is the decision body under YESAA and they will make that determination.

Indigenous and Northern Affairs committee  On the settlement lands there are so many blocks, even with my own first nation, the Vuntut Gwitchin in Old Crow, that many projects tend to cover more than one jurisdiction. So we issue one recommendation for an assessment. I'll give you a good example. We had a large power-line project.

Indigenous and Northern Affairs committee  It's complicated, but it has worked. That's why initially everybody was wondering if this was going to work or not. The fact is that it has worked. There have been many cases where you have a first nation and, for instance, a federal decision authority like DFO where they work together to make sure they agree.

Indigenous and Northern Affairs committee  Thank you for the question. I'll try to answer it in terms of both situations, one down in the place where Ross River--

Indigenous and Northern Affairs committee  Okay. With regard to first nations that have settlements, if a project is in their traditional territory but not on their settlement land, there's a difference; traditional territory is very large and they have different settlement land. If a project is on their settlement land, they are the ones who will decide whether the project proceeds or not.

Indigenous and Northern Affairs committee  In any case, because this is a situation where recommendations are made to the various governments to approve the plan, I think there should be better cooperation between the governments that approve them, those being the Yukon--with federal input as well--and the first nation governments.

Indigenous and Northern Affairs committee  Thanks for the question, Mr. Bagnell. On the offices that do these assessments, we were talking about the designated offices. At the executive committee level, we're dealing with the more major projects. They take a longer period of time--anywhere from six months up to two years--but we're talking about very major hardrock mines.

Indigenous and Northern Affairs committee  Thank you, Mr. McKinnon. Thank you, honourable members and Chair, for inviting me back to appear before you in a slightly warmer location than Whitehorse when you were there. I only say “slightly”; it is a little chilly still. I will just continue on what Mr. McKinnon had to say.