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Dispute resolution with First Nations

Last updated on April 15, 2024

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A summary of engagement for the Dispute Resolution Regulation consultation process is now available. The report summarizes feedback that the EAO received from First Nations and industry. The EAO is developing this regulation with several First Nations partners, and expects to finalize it in Spring 2024. Learn more.

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Supporting reconciliation with First Nations is a key purpose of the Environmental Assessment Office. The EAO collaborates with First Nations throughout the assessment process and involves First Nations in the decision-making on projects that may affect them. 

The EAO seeks consensus with First Nations at key points in the environmental assessment process. There may be times at decision points within the environmental assessment process where, despite efforts of First Nations and the EAO to reach consensus, decisions are not aligned, and consensus is not reached. Dispute resolution is a tool to support consensus-seeking. It is a collaborative and principled process to resolve the dispute consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

On this page

Under the Environmental Assessment Act, dispute resolution is available at key decision points in the environmental assessment process. An experienced, third-party facilitator may be appointed to help guide the EAO and participating First Nations when they are unable to reach consensus on their own.

The Environmental Assessment Act defines specific elements of dispute resolution, including who can use dispute resolution and the types of disputes that can go to a facilitator. It also includes provisions for a regulation to further define the process. This helps clarify the powers and duties of facilitators.  

The EAO is developing a dispute resolution regulation and accompanying policy framework in consultation and cooperation with First Nations. The new regulation and policy will aim to:

  • Be consistent with the UN Declaration on the Rights of Indigenous Peoples 
  • Support collaborative and principled resolution of disputes 
  • Create clarity, consistency, and predictability in the dispute resolution process

Key information

To support consultation and the development of regulations, the EAO has developed tools that explore aspects of dispute resolution and next steps, including discussion topics for engagement and background information on the EAO’s interim approach to dispute resolution.

Experience using dispute resolution

Dispute resolution has been used twice since the Environmental Assessment Act came into force in 2019. In absence of a dispute resolution regulation, the EAO used an interim approach to dispute resolution, to guide the dispute resolution processes initiated while the regulation is under development.

Find additional dispute resolution documents on the EAO's Project Information Centre here.

Regulation development pathway 

To support the development of the dispute resolution regulation, the EAO held workshops in consultation and cooperation with First Nations and engagement sessions with industry representatives during summer 2023. Participants were invited to attend in-person or virtual meetings, and to submit written submissions.

Submissions from First Nations

Submissions from Industry

The EAO is about to launch its co-development phase of the regulation with First Nations and Indigenous organizations, with the goal of having an approved regulation by spring 2024.

Dispute resolution regulation development pathway

Contact us

If you have questions or comments about dispute resolution, please get in touch at: EAO.DisputeResolution@gov.bc.ca.