Summary 

• B.C. is amending the 2018 Environmental Assessment Act to improve transparency and predictability and support early issue resolution with First Nations
• A new issues resolution protocol co-developed with First Nations will provide a clear, collaborative process for identifying and resolving issues early in environmental assessments
• B.C. will consult with U.S. Tribes outside of the procedural framework for participating Indigenous nations, consistent with the Supreme Court of Canada’s Desautel decision

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The Province has introduced changes to the Environmental Assessment Act to enhance transparency and predictability by improving how issues raised by First Nations are identified and resolved during environmental assessments, helping ensure responsible resource development.

In 2018, the act introduced new mechanisms for First Nations collaboration in environmental assessments to provide a clear and timely path for projects to move through the assessment process, while respecting Indigenous rights, values and culture.

Dispute resolution under the act enables the use of a third-party facilitator if the Province and a First Nation are unable to reach consensus at milestones during the environmental assessment. It was included in the act to help support reconciliation and enhance timeliness and predictability in environmental assessments. Updates are being proposed to better meet these intended objectives.

Amendments to the act will revise the dispute resolution framework with key updates developed through extensive consultation and co-operation with First Nations and First Nations organizations, as well as engagement with industry representatives and project proponents.

A new issues resolution protocol, to be co-developed with B.C. First Nations, will provide a tool to resolve and close issues throughout assessments, reducing the need for dispute resolution by helping to reach consensus earlier. It will outline how issues are discussed, escalated and resolved, and when other parties should be involved. Such tools are used regularly in agreements and treaties between the Province and First Nations to resolve issues, with flexibility to respect First Nations governance systems and legal traditions.

With the amendments, the protocol is available throughout the assessment process, including at the end when dispute resolution is no longer available. Dispute resolution remains available at early phases, by mutual agreement, for issues within Environmental Assessment Office’s mandate to address. These changes focus on resolving issues early, improving fairness and supporting predictability for all participants in the assessment.

Further amendments support the Environmental Assessment Office’s ability to differentiate its consultation with First Nations in Canada and Tribes in the U.S., consistent with the Supreme Court of Canada’s Desautel decision. The Province will continue to fulfill its constitutional obligations to consult with U.S. Tribes when a Tribe makes a credible assertion of Aboriginal rights in Canada and there is a potential for these rights to be impacted by a proposed project undergoing environmental assessment. This consultation will be carried out through the common-law framework, outside of the procedural framework for “participating Indigenous nations” under the act.

These amendments are part of the legislated review of the Environmental Assessment Act, to ensure it is working well and as intended. Upcoming areas of review include:

• regulatory predictability
• process effectiveness and timelines
• First Nations’ participation and decision-making
• project reviewability

Quick Facts:

• The Environmental Assessment Act came into force in December 2019.
• Since 2022, there have been 11 dispute-resolution processes during three project assessments carried out by the Environmental Assessment Office, a neutral regulatory body that assesses proposed major projects.
• In developing the revisions to the act’s dispute resolution provisions, the Environmental Assessment Office consulted and co-operated with 42 First Nations, four Indigenous governing bodies and two First Nations organizations.
• The office also engaged proponents of projects that went through dispute resolution during their assessment, and representatives of approximately 30 associations and firms in the business and industry sector.
• The act required the minister of environment and parks to initiate a review within five years to make sure it is working well and as intended, which began in 2024.

Learn More:

• More details on the Environmental Assessment Act Review: https://www2.gov.bc.ca/gov/content/environment/natural-resource-stewardship/environmental-assessments/environmental-assessment-process/act-review
• More details on the current Environmental Assessment Process: https://www2.gov.bc.ca/gov/content/environment/natural-resource-stewardship/environmental-assessments/environmental-assessment-process