B.C. to consult First Nations on environment assessments
VICTORIA — B.C.’s environment minister has unveiled a sweeping rewrite of the province’s environmental assessment rules, building in for the first time specific references to consultation with First Nations.
George Heyman said Monday his new legislation will refocus the environmental assessment process on Indigenous consent, early engagement, clear timelines and the consideration of other issues related to climate change, pollution targets and the effects of projects on future generations.
“The issue that people need to understand about this process is it’s consent-based,” Heyman said. “It means we work toward the various ways in which we can understand the issues, whether its cultural, economic or environmental raised by Indigenous nations to achieve consent.
“The final decision is made by ministers. But every step of the process we seek to work with Indigenous nations to achieve consent and therefore move forward together on economic development.”
The legislation does not make First Nations consent mandatory for a project like a mine or pipeline to be approved, unless there is a treaty or cabinet order that specifically sets consent as binding. Instead, the process would engage Indigenous leaders early and often in the review process. If cabinet ministers proceed despite First Nations objections, they would have to provide written reasons and, before a final decision, sit down face-toface with Indigenous leaders to try to come to a consensus on a decision.
If passed, the Environment Assessment Act would also be the first legislation in B.C. to specifically reference support for the United Nations Declaration on the Rights of Indigenous Peoples and recognize the inherent jurisdiction of Indigenous nations.
First Nations leaders applauded the changes.
“The legislation introduced today is a clear signal that B.C. is moving ahead with commitments to implement the UN Declaration on the Rights of Indigenous Peoples,” said Robert Phillips of the First Nations Summit Political Executive.
The B.C. government estimates the new environmental assessment process could reduce the total time for a project to obtain approval from the current average of 1,414 days to as few as 570 days.
The legislation proposes to create a new “early engagement” process to flesh out First Nations concerns and consent before months or years go by and proponents have spent millions of dollars. Combined with a new early assessment report, companies will have more information from the start on the issues, costs and hurdles required for approval, Heyman said.