The amendment is that subsection 12(1) would read:
The Governor in Council may, by order, prohibit any interest owner or any other person from commencing or continuing any work or activity authorized under the Canada Oil and Gas Operations Act on the frontier lands, or any portion of them, if the Governor in Council considers that it is necessary to do so in any of the following circumstances:
(a) a disagreement with any government concerning the location of an international boundary,
(b) an environmental or social problem of a serious nature,
(c) dangerous or extreme weather conditions affecting the health or safety of people or the safety of equipment, or
(d) is deemed to be in the national interest.
It would also add the following new subsections:
(1.1) At least six months before an order is made under paragraph (1)(d), the Minister shall publish a notice of the proposed order in the Canada Gazette and in any other publication that the Minister considers appropriate, shall hold public consultations in all communities that may be affected by the order and shall give any other interested persons the opportunity to file with the Minister comments with respect to the proposed order.
(1.2) In the case of a proposed order that would affect an Aboriginal community,
—and this is key—
the order shall not be made unless—in accordance with Article 19 of the United Nations Declaration on the Rights of Indigenous Peoples—the Minister has obtained the consent of the representatives of that community.