Indigenous and Northern Affairs committee  This bill doesn't contemplate the export of water. There is federal legislation that deals with the bulk transport and export of water. This bill does not address that.

Indigenous and Northern Affairs committee  Yes. Specifically, the first nations governing body would be similar to the council. Then the first nation is all of the people in making up the....

Indigenous and Northern Affairs committee  The idea is that water can be on first nations lands in the sense of a lake or a river. It can be under the lands as a reservoir. The idea is that first nations would have jurisdiction over not just the surface water—a lake or river—but also the water within the soil.

Indigenous and Northern Affairs committee  The idea is that the focus is on the first nations governing body. “First nations” may sometimes be used in the sense of the broader collective, the broader band. Rather than using the term “band”, it means first nations. The distinction would be that the governing body is essentially the council and the government, and the first nation is the collective of individuals making up the band.

Indigenous and Northern Affairs committee  It's always important that the minister's discretion is not fettered. If they have a legal ability to make a regulation, for example, that is a key consideration. What we've tried to do in this bill is to say that before making a regulation it's critically important to consult. That is a key factor that the minister would have to do before she even got to the regulation-making stage.

Indigenous and Northern Affairs committee  Are there other federal acts that are similar in that they provide a protection—

Indigenous and Northern Affairs committee  I'm not aware of acts. Canada has several federal statutes that deal with environmental matters on lands throughout Canada, but this protection zone is a fairly unique concept that we've built into this bill.

Indigenous and Northern Affairs committee  Sir, are you wondering if there's anything in Quebec law that prevents the federal government from consulting with Quebec municipalities?

Indigenous and Northern Affairs committee  I don't know Quebec law, I must admit.

Indigenous and Northern Affairs committee  No, nothing I've heard of.

Indigenous and Northern Affairs committee  The minister would need to go through the whole consultation process before making the protection zone, so it wouldn't be a unilateral process. The minister would need to get that feedback from from first nations.

Indigenous and Northern Affairs committee  I would say that the minister would need to sit down with first nations. It's not something she could simply do on her own or his own. There would need to be this buy-in from first nations because these protection zones are relevant to particular first nation lands and the circumstances may vary.

Indigenous and Northern Affairs committee  I think, given the trend these days, that there has been a concerted effort to ensure that first nation voices are heard on a wide variety of topics of—

Indigenous and Northern Affairs committee  You could put something in the legislation that potentially went beyond consultation and co-operation, yes.

Indigenous and Northern Affairs committee  Yes. One of the the key aspects of this bill is to ensure that there is input and continuous feedback from first nations with respect to a wide variety of things, but it includes the protection zone. There is case law that sets out consultation. Co-operation is a newer concept from the the UNDA, and we're still working through that as a federal government.