Marginal note:Aboriginal rights

4. For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Marginal note:Binding on Her Majesty

5. This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:National Advisory Committee

• 6. (1) For the purpose of enabling national action to be carried out and taking cooperative action in matters affecting the environment and for the purpose of avoiding duplication in regulatory activity among governments, the Minister shall establish a National Advisory Committee

  • (a) to advise the Ministers on regulations proposed to be made under subsection 93(1);

  • (b) to advise the Minister on a cooperative, coordinated intergovernmental approach for the management of toxic substances; and

  • (c) to advise the Minister on other environmental matters that are of mutual interest to the Government of Canada and other governments and to which this Act relates.

• Marginal note:Precautionary principle

  (1.1) In giving its advice and recommendations, the Committee shall use the precautionary principle.

• Marginal note:Composition of Committee

  (2) The Committee shall consist of the following members:

  • (a) one representative for each of the Ministers;

  • (b) one representative of the government of each of the provinces; and

  • (c) subject to subsection (3), not more than six representatives of aboriginal governments, to be selected on the following regional basis,

    • (i) one representative for all aboriginal governments, except Inuit, in Newfoundland, Prince Edward Island, Nova Scotia and New Brunswick,

    • (ii) one representative for all aboriginal governments, except Inuit, in Quebec,

    • (iii) one representative for all aboriginal governments, except Inuit, in Ontario,

    • (iv) one representative for all aboriginal governments, except Inuit, in Manitoba, Saskatchewan, Alberta, the Northwest Territories and Nunavut,

    • (v) one representative for all aboriginal governments, except Inuit, in British Columbia and Yukon, and

    • (vi) one representative for all Inuit aboriginal governments.

• Marginal note:Provincial representatives

  (2.1) The representative of a provincial government shall be selected by that government.

• Marginal note:Aboriginal representatives

  (2.2) Subject to subsection (3), the representative of aboriginal governments shall be selected by the aboriginal governments he or she represents.

• Marginal note:Inuit aboriginal representatives

  (2.3) Subject to subsection (3), the representative of Inuit aboriginal governments shall be selected by those governments.

• Marginal note:Absence of aboriginal government

  (3) Where there is no Inuit aboriginal government or aboriginal government for a region referred to in any of subparagraphs (2)(c)(i) to (v), the representative of the Inuit or of aboriginal people for the region, as the case may be, may be selected in accordance with regulations made under subsection (4).

• Marginal note:Regulations

  (4) The Minister may make regulations respecting the manner of selecting a representative under subsection (3).