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Discussion questions
What is an Indigenous governing body?
- What are the advantages and/or disadvantages of each of the options presented above (national, regional or project-based)?
- How could the options address considerations presented in this section?
- How could national, regional or project-based arrangements best manage the issue of overlapping rights?
What could an Indigenous governing body be responsible for under an Arrangement?
- In the context of the proposed regulations, what types of regulatory authority would be of interest for an IGB to undertake?
- What types of regulatory authority do you think would be better suited to remain under the CER’s authority and/or could be more successfully implemented under a model of shared execution between the CER and the IGB, why?
- There are some PDFs in the CERA that carry higher legal risks and resourcing requirements to exercise. Could a model that proposes shared regulatory oversight between an IGB and the CER help alleviate these aspects of implementing an Arrangement, why or why not?
- What guidance or mechanisms could be used to address perceived, potential or actual conflicts of interest for IGBs?
- Is there anything else that should be consider for addressing a perceived, potential or actual conflict of interest for an IGB?
How do we build capacity?
- In what way should capacity be provided to ensure that an IGB can adequately enter into an Arrangement and carry out the terms of that Arrangement?
How could an Arrangement work?
- How could an IGB’s authority to represent rights holders be verified?
- Who should be involved in the verification process of an IGB (e.g., representatives from Canada, impacted Indigenous groups, impartial third parties) and what role should they play?
- What type of documentation could be used in the verification process?
- Are there specific terms, such as the terms proposed in the section “Negotiating the contents of the Arrangement,” that should be required for all Arrangements?
- Specific PDFs under the CERA have set timelines that the CER is bound by. How can the negotiation process balance these requirements while being respectful of Indigenous values, knowledge, and laws?
- How could an IGB be supported during implementation in the first few years of an Arrangement or as responsibilities increase?
- Some PDFs under the CERA could be exercised on private land; how could an IGB, the CER, proponents, landowners, and other impacted groups work together to maintain respectful access to private land?
- How would a 5-year evaluation/review cycle support the long-term implementation of an Arrangement?
- What mechanisms could be put in place to enable IGBs, stakeholders, Indigenous groups and interested parties to provide feedback on an Arrangement?
What are the options for developing regulations?
- Would a phased approach to Arrangements be of interest to Indigenous groups and stakeholders?
- What types of PDFs are of interest for initial phases of the proposed regulations, if a phased approach was taken?
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