Natural Resources committee  —and my colleagues in the NEB might be able to add to it. The first thing about the court decision that I think is really important to the member's question, Mr. Chair, is that within it there were multiple issues being adjudicated at the same time. I think there were 20-some different issues being adjudicated.

Natural Resources committee  In this particular case, I think it's important to point out that phase three belongs to the department and not the regulator in this case.

Natural Resources committee  The board's process kind of ends at phase two. The Crown, as departments, picks up establishing whether the Crown's duty has been met because we, as departmental officials, work with ministers and then would make the recommendations to the government as to whether the duty has been met.

Natural Resources committee  If it's okay, I'll invite my colleague from CEAA, the agency that has the main element. We can add to that.

Natural Resources committee  Could you possibly ask a question?

Natural Resources committee  I think the tone of what you're suggesting is there's an evolution. Jurisprudence in anything grows over time and each experience builds on the next. If we look at the jurisprudence and the experience we've had, our policy framework and the advancement of how the government works with, engages with and consults with indigenous communities comes from our Constitution.

Natural Resources committee  Maybe I can help with that one. I think that's the responsibility of the Department of Transport. I don't know if anybody here is an expert in transport, but we certainly don't have anything to offer on that particular question.

Environment committee  Partly. There are two parts. One would be the project list, which automatically designated it. The second is that there's the ability for the commission to designate something, even if it's not on the project list, so that it may be treated as such. It's not dissimilar to what's in the impact assessment act where the minister may designate something that's not on the project list as a designated project.

Environment committee  It exists now, as well, in terms of replication of some of the features.

Environment committee  I'm not sure about the instance you're speaking to, but there's an instance before the board now, the Manitoba-Minnesota transmission project, where there was a choice to designate. The GIC did designate it, and it's being reviewed.

Environment committee  Proposed section 253 refers to power lines from one place in the province to another within the province.

Environment committee  If we understand the amendment right, it's suggesting that they would be non-voting, but the panels do not vote in any way, shape, or form. The panels provide recommendations to the minister or to the government. In this instance, they would be made to the government, to make a decision as to whether a project would proceed under the impact assessment act, and in this instance, the Canada-Newfoundland and Labrador Offshore Petroleum Board act.

Environment committee  The composition of the panel is determined by the Minister of Environment and Climate Change, from the roster, of which two would come from the petroleum board members who are on the roster. The balance would be chosen from the minister's roster, and that would be composed of the five people who are on the panel.

Environment committee  As it currently stands, uranium mines are subject to the Canadian Nuclear Safety and Control Act and require a federal certificate or licence to operate.

Environment committee  Go ahead.