Indigenous and Northern Affairs committee  What I would say is that there was initially some consideration of having this rest with the board. However, through consultations it was made clear to us that it would be inappropriate to have the decision of significance rest with the board. That concern was put forward to us b

Indigenous and Northern Affairs committee  There isn't an existing reference to the devolution agreement because of that agreement's structure, which speaks to jurisdictional responsibilities, not explicitly to delegation itself, and I think it's probably best if I turn to legal counsel Tom Isaac to speak to some of the t

Indigenous and Northern Affairs committee  The three additional members are Government of Canada appointees to the board.

Indigenous and Northern Affairs committee  I would just say that the restructuring proposal was based on a number of inputs: the 2008 McCrank report, the considerations included in the Northwest Territories environmental audits, and other Auditor General reports.

Indigenous and Northern Affairs committee  Are you speaking only to part 4 of the bill, not to the board under part 3 of the Northwest Territories Waters Act?

Indigenous and Northern Affairs committee  Thank you. The bill would remove the existing regional panels. There would be a consolidated Mackenzie Valley Land and Water Board of 11 members. There would be the chair appointed by the minister in the first go-round, and following that, the minister would confer with the Gwic

Indigenous and Northern Affairs committee  There are two points, Mr. Chair. The first point is that, once appointed, the appointees are not representatives of the aboriginal group from which the nomination was received. They are independent members of the board. With respect to the chair and the appointments to the sma

Indigenous and Northern Affairs committee  Mr. Chair, the terms of the agreement speak for themselves. What I will say is that with respect to your question on proportionality, proportionality is actually being maintained in the consolidated Mackenzie Valley Land and Water Board.

Indigenous and Northern Affairs committee  In establishing the smaller panels, the chair would be required to give first consideration to the nominated member, the appointed member, from that region and would only not appoint that member were that member unavailable for reasons of illness, say, or some other reason.

Indigenous and Northern Affairs committee  I'm just reading the clause. It's clause 120 on page 96.

Indigenous and Northern Affairs committee  Yes, it's generally standard. My legal counsel is advising me that some claims say you pick among members, and sometimes the minister himself picks, so our view again is that it's generally standard.

Indigenous and Northern Affairs committee  All land claim agreements have amendment procedures. However, with respect to the bill at hand—

Indigenous and Northern Affairs committee  I'm trying to answer the question.

Indigenous and Northern Affairs committee  Our view is very clearly that the proposed restructuring does fall within the provisions of the land claims agreement. It is consistent with the land claim agreements.

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 s