Indigenous and Northern Affairs committee  The one that directs the minister?

Indigenous and Northern Affairs committee  From the outset, I'd like to say that I'm not in a position to talk about any modifications that could be accepted. That's not my role; it's a policy decision. The cancellation of leases, I think, has been touched upon this morning in terms of the fiduciary obligation. The problem is that we don't know what the shift of responsibility would be then.

Indigenous and Northern Affairs committee  Well, I can't make that choice. I think the end result would be the same.

Indigenous and Northern Affairs committee  I am not in a position to answer that question. I would have to look at the text. I don't have it in front of me. However, if I understand you correctly the amendment would have the same effect to suspend or put an end to the contract. Perhaps Mr. Dempsey has more information on how this would be put into effect.

Indigenous and Northern Affairs committee  This act basically has the management of oil and gas resources given to Canada. From a legal perspective, having the cancellation by a first nation, independently of the government or IOGA, would muddy the waters as to what the responsibilities are. If Canada has fiduciary obligations and there's interference, then it puts us in an uncertain situation legally as to what exactly the relationship is among first nations and Canada, and what kind of liability could arise.

Indigenous and Northern Affairs committee  Mr. Chairman, my understanding of that clause is that only the Governor in Council has the authority to make use of these regulations. The content of the regulation is already provided for in paragraphs (a), (b) and (c). Thus, what the Governor in Council will decide under the regulation is in what circumstances prior approval and notification will be required.

Indigenous and Northern Affairs committee  The bill has not changed.

Indigenous and Northern Affairs committee  It is the same.

Indigenous and Northern Affairs committee  Proposed subsection 6(1.1) is the Governor in Council regulation of power. What it does is give discretion to the Governor in Council to make regulations. As a drafting convention, “may” is used in respect of regulation-making authority so that the Governor in Council would not be obliged to make regulations because we don't know the content of what the regulations would be.

Indigenous and Northern Affairs committee  I can answer that. It has been the case, for instance, in the First Nations Commercial and Industrial Development Act, where actually for economic development on first nations reserves, Parliament has granted power in regulations in order to adopt provincial legislation. That would be an instance where in fact it has been the case.

Indigenous and Northern Affairs committee  It's not that common, but it is happening more and more in areas where actually the idea is to provide harmonization between federal and provincial--