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Indigenous and Northern Affairs committee  The concern is a valid point, but there is a process for making the regulations already, so I don't know whether that would imply they would have to be subject to any precondition. To make these proposed regulations conditional, that would have to be stated more clearly, in my op

March 24th, 2009Committee meeting

Karl Jacques

Indigenous and Northern Affairs committee  Yes, absolutely. The Supreme Court of Canada has held that there is no justification for having these rules because the acts differ from province to province, and it is also entirely possible, through federal legislation, to harmonize the system in place for each of those provinc

March 12th, 2009Committee meeting

Karl Jacques

Indigenous and Northern Affairs committee  The result would be that we would apply to Saskatchewan, for example, the laws in force in Alberta. That could also cause a problem. However, it could be done that way, but the purpose is not to incorporate the laws of a province in another.

March 12th, 2009Committee meeting

Karl Jacques

March 12th, 2009Committee meeting

Karl Jacques

Indigenous and Northern Affairs committee  That's already the case for automobile traffic, for example. All the laws that apply in national parks are laws that apply in every province. It's obvious that, necessarily—

March 12th, 2009Committee meeting

Karl Jacques

Indigenous and Northern Affairs committee  I'm not sure I understand what the distinction would be. In fact, it's simply a system for putting resource management in place to harmonize the act with that of the province in which the reserve is located.

March 12th, 2009Committee meeting

Karl Jacques

Indigenous and Northern Affairs committee  There is no such publication report or account to be made—

March 12th, 2009Committee meeting

Karl Jacques

Indigenous and Northern Affairs committee  —but these regulations have to be published in the Gazette.

March 12th, 2009Committee meeting

Karl Jacques

Indigenous and Northern Affairs committee  Refining is basically something that's downstream. It's not the recovery of oil and gas resources. It's basically processing or selling. These are under provincial jurisdiction, under section 92 of the Constitution. Trying to incorporate this would change the whole scheme of it.

March 12th, 2009Committee meeting

Karl Jacques

Indigenous and Northern Affairs committee  No. The Supreme Court of Canada has previously held that incorporating these kinds of situations for the purpose of harmonizing statutes would not create a distinction from province to province. The purpose is to harmonize legislation with existing legislation in each of the prov

March 12th, 2009Committee meeting

Karl Jacques

Indigenous and Northern Affairs committee  Yes, it does. Actually, it does through the regulations in proposed section 4.1 of the bill. This power is to incorporate laws of a province. But as you will notice, there are quite a few subjects on which regulations could made--there's (a) to (z). The incorporation by referenc

March 12th, 2009Committee meeting

Karl Jacques

Indigenous and Northern Affairs committee  If I may be permitted, I believe there is more than that. It's not just the fact of complicating the act; it's more that it wasn't provided for at the outset. The bill concerns the government's management resources. Some amendments, like the cancellation of contracts by the firs

March 12th, 2009Committee meeting

Karl Jacques

Indigenous and Northern Affairs committee  Indeed, I understand from a number of their complaints that most of the provisions should appear in the act, should be clarified instead of being subject to regulations. As the regulations are not yet defined, we definitely don't know what will happen. However, with a bill for w

March 12th, 2009Committee meeting

Karl Jacques

March 12th, 2009Committee meeting

Karl Jacques

Indigenous and Northern Affairs committee  I'm sorry, which two amendments are you talking about?

March 12th, 2009Committee meeting

Karl Jacques