Senator Francis: Ministers, if a project causes serious and unanticipated harm after it has been approved, it is critical that Indigenous peoples and other affected communities have meaningful opportunities for redress. Even before that, however, there must be strong procedural safeguards to ensure that the delegated minister will not abuse the sweeping powers they are granted under this bill.

Currently, Bill C-5 would allow them to override existing federal laws and regulations, including, potentially, the Indian Act. Could you explain why the Indian Act has been included in Schedule 2 of Bill C-5, and should First Nations be concerned that the current or future governments may override the provisions of the Indian Act that deal with their land rights?

Ms. Alty: Thank you, senator. I appreciate the question.

When moving forward with projects, some communities are subject to archaic provisions under the Indian Act. We will be engaging with First Nation partners on each project. If we need to suspend some provision of the act, we will do so in consultation with the First Nation to ensure that the development will respect cultural practices and environmental standards. But one of the things, in discussions with Indigenous leaders, was the challenges with the Indian Act when it comes to the financial. If there is that opportunity to make some provisions to alter that, that could be considered through this legislation.

Again, we want to retain the option for it to advance a project, but it must be with First Nations. Again, that’s why we decided to include sections of the Indian Act in this legislation.