Consulting with First Nations

Consulting with First Nations

This webpage contains historical, legacy documents that are intended for general information purposes only. You should not rely upon the material or information on this website as a basis for making any business, legal or any other decisions. Although references are made to government’s legal requirements arising from section 35 of the Constitution Act, 1982 and section 3 of the Declaration Act on the Rights of Indigenous Peoples Act SBC 2019 c 44, and reconciliation commitments set by government, the content of this webpage should not be interpreted as legal instructions or legal advice.

Government's Procedures for Meeting Legal Obligations When Consulting First Nations (PDF, 800KB) describes the government's approach to consulting and accommodating First Nations where a proposed decision or activity could impact claimed or established section 35 rights.

Consulting U.S. Tribes (PDF, 136KB) describes how the Province will consult with a U.S. Tribe(s) when the duty to consult is triggered.

The Province has a duty to consult under section 35 of the Constitution Act (1982) when established or asserted Aboriginal treaty rights could be adversely impacted by Crown conduct. The courts have determined through R. v. Desautel (2021) that U.S. Tribes can be “Aboriginal peoples of Canada,” under section 35 but because consultation is part of a process of fair dealing and reconciliation which arises from the Crown’s assertion of sovereignty, and because groups outside Canada are not implicated in this process to the same degree, the scope of the Crown’s duty to consult with them, and the manner in which it is given effect, may differ. Lummi Nation v. Canada (2025) recognized that Desautel did not provide guidance on what is required for reasonable consultation with respect to U.S. Tribes. As such, a policy that guides consultation for the Crown and U.S. Tribes is needed to ensure consistent, meaningful and proportionate consultation, consistent with the Crown’s constitutional obligations.

The Province’s priority is always B.C.-based Nations, but we are committed to meeting the Crown’s constitutional obligations in relation to U.S.-based Tribes. The Province worked with B.C.-based First Nations to develop and refine its policy on consultation with U.S. Tribes. 

Feedback from First Nations in B.C. is summarized in the What We Heard Report (PDF, 399KB).

For specific assistance and guidance, please contact the appropriate decision-making agency.

Proponents and First Nations

As the government develops its relationships with First Nations to advance reconciliation, companies looking for investment and growth opportunities in B.C. have important relationships to consider building as well. A key opportunity includes engaging First Nations early in the planning stages of a project prior to government’s formal consultation processes.

Engaging First Nations: Proponent Resources

• Building Relationships with First Nations: Respecting Rights and Doing Good Business (2014) (PDF, 442.4KB), available in English, Mandarin (PDF, 871.1KB), Japanese (PDF, 672.7KB), and Korean (PDF, 425.4): Provides advice and strategies to help businesses develop strong working relationships with First Nations.
• Guide to Involving Proponents When Consulting First Nations (2014) (PDF, 362.1KB): Assists the business sector with a better understanding of the range of proponent’s roles in First Nations consultation.
• Proponent: First Nations Engagement Communication Log (XLXS, 212KB): A sample tool for proponents to track First Nations engagement communications. 

Sector-Specific Proponent Guides

Environmental Assessment

• For information on engaging First Nations in the environmental assessment process, please visit the Environmental Assessment Office’s website.

Major Mines

• Major Mines Authorizations Guide (2023), (PDF, 1.7MB)
  Sets out information for proponents of major mine projects preparing to apply for multiple permits, licences or other authorizations to construct and operate a mine in the Province of British Columbia.
• Association for Mineral Exploration British Columbia's Aboriginal Engagement Guidebook: A Practical and Principled Approach for Mineral Explorers (2015) (PDF, 475KB)

Clean Energy Projects

• Clean Energy Production in B.C.: An Interagency Guide Book for Proponents (2016) (PDF, 4KB)
  Brings together statutory, regulatory, and procedural information from resource-based ministries and agencies involved with the review of Clean Energy Projects.