Indigenous and Northern Affairs committee  Again, Mr. Chair, our view is that the bill before this committee does not require a change in the land claims agreement, that the provisions of the land claims agreement do allow for the consolidated Mackenzie Valley Land and Water Board that we are proposing. I would point to section 25.4.6 of the Sahtu Dene and Metis Comprehensive Land Claim Agreement, section 24.4.6 of the Gwich'in Comprehensive Land Claim Agreement, and section 22.4.1 of the Tlicho Land Claims and Self-Government Agreement.

Indigenous and Northern Affairs committee  Mr. Chair, I would offer two observations. We are including a consultation regulation-making authority in the Mackenzie Valley Resource Management Act, and we would consult with industry, aboriginal organizations, the Government of the Northwest Territories, and other stakeholders on those regulations.

Indigenous and Northern Affairs committee  Yes.

Indigenous and Northern Affairs committee  I can't speak to whether the amendments would be supported, but you raised a couple of issues in your question. On board member terms and term extensions as raised by the Mackenzie Valley Land and Water Board, the term set forth in the Mackenzie Valley Resource Management Act of three years is consistent with the terms set out in other acts in the north.

Indigenous and Northern Affairs committee  In our view, no.

Indigenous and Northern Affairs committee  I'm not very familiar with other international standards, so I can't speak to those. All I can say is that they are consistent with those that are in other Canadian jurisdictions.

Indigenous and Northern Affairs committee  I'll just say that the proposed changes don't impact the board member...or it will be the same capacity in the regions. We would focus on retaining that capacity. I'd probably turn to my colleague Alison Lobsinger to speak to how decisions will be made in the regulatory regime post-devolution.

Indigenous and Northern Affairs committee  The short answer is yes.

Indigenous and Northern Affairs committee  I think it's safe to say that it's our view that the Mackenzie Valley Environmental Impact Review Board applies the principle of proportionality currently, and would continue to do so post amendments to the Mackenzie Valley Resource Management Act.

Indigenous and Northern Affairs committee  Yes, the time limits that are contained in this act are consistent with those that are contained within CEAA 2012, so the maximum of 24 months for an environmental impact review, 12 months for an environmental assessment without a hearing, and 21 months for an environmental assessment with a hearing.

Indigenous and Northern Affairs committee  Our intention is that restructuring would come into force within one year of royal assent. There are a few other amendments that would come into force under order in council at the same time. Those would be the amendments that would provide for regional studies and the board member term extensions, as well as cost-recovery regulations and the consultation regulation-making authority.

Indigenous and Northern Affairs committee  There's nothing in the legislation to allow for it. I think it's important to note that since the legislation has come into force, there have been only two environmental impact reviews. One was the Mackenzie gas project and the other was the Gahcho Kué. There have been only two since the beginning of the act in 1999.

Indigenous and Northern Affairs committee  We didn't define public concern in the act. That's consistent with the approach to public concern in other environmental assessment legislation in Canada. For example, CEAA 2012 also includes a public concern test, and there is no definition. Were we to proceed with a definition of public concern, the consultation process around that would be quite intensive, and there could be implications, then, for other jurisdictions, for other legislation such as CEAA 2012.

Indigenous and Northern Affairs committee  I would point to two features of the bill. The first feature would be the regional committees that the chair of the Mackenzie Valley Land and Water Board would establish to consider applications for projects wholly within a region. On those committees, the regional representative would be appointed by the chair.

Indigenous and Northern Affairs committee  As part of the transition measures in the legislation, the existing board employees would move over to the Mackenzie Valley Land and Water Board. That existing knowledge will move to the consolidated Mackenzie Valley Land and Water Board. At the same time, we're currently working with the boards and others to develop an implementation plan that would keep in mind the preoccupations of both industry and aboriginal parties in this regard.