Alignment of Laws

Last updated on January 8, 2024

Section 3 of the Declaration on the Rights of Indigenous Peoples Act (Declaration Actrequires B.C. to align its laws with the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) in consultation and co-operation with Indigenous Peoples.

To support government’s reconciliation efforts by ensuring laws, policies and practices are consistent with the UN Declaration, the Province has established the Declaration Act Secretariat.

In October 2022, the Secretariat released the Interim Approach to Implement the Requirements of Section 3 of the Declaration on the Rights of Indigenous Peoples Act. This world-leading guidance document provides every ministry and sector of government with clear, transparent processes for how they are to work together with Indigenous Peoples in developing provincial laws, policies and practices, as required under the Declaration Act. Learn more about the Interim Approach.

Read the report written on Section 3 by Dr. Roshan Danesh, KC that informed the Interim Approach.

The work to align laws with the UN Declaration is resulting in an increasing number of legislative reforms including:

 

Accessible British Columbia Act (Bill 6)

The Minister of Social Development and Poverty Reduction introduced the new legislation on April 28, 2021, as Bill 6. The Accessible British Columbia Act, passed into law June 3, 2021, establishes the legal framework to identify, prevent and remove barriers to accessibility including for Indigenous people.

 

Human Rights Code Amendment Act (Bill 18)

The Attorney General introduced this statute on November 17, 2021, as Bill 18. The bill, which was passed into law November 23, 2021, amended the provincial Human Rights Code to further uphold Indigenous human rights and advance reconciliation with Indigenous Peoples by adding Indigenous identity as a protected ground against discrimination.

 

Amendments to the Adoption Act (Bill 21)

The Ministry of Children and Family Development developed these amendments, which were introduced under a miscellaneous statute on October 7, 2021, as Bill 21. Passed into law October 21, 2021, the amendments authorized information-sharing under the Adoption Act. The changes established this authority to support First Nation adoptees in obtaining their status so they can gain access to federal health, dental and other benefits.

 

Amendments to the Child, Family and Community Service Act (Bill 21)

The Ministry of Children and Family Development developed these amendments, which were introduced under a miscellaneous statute on October 7, 2021, as Bill 21. The bill was passed into law October 21, 2021, aligning the Child, Family and Community Service Act with the information-sharing requirements of the federal statute, an act respecting First Nations, Inuit and Métis children, youth and families.

 

Forests Statutes Amendment Act (Bill 23)

The Minister of Forests introduced this statute on October 20, 2021, as Bill 23. Passed into law on November 23, 2021, the bill amended the Forests Act, the Forest and Range Practices Act, and the Forest Practices Code of British Columbia Act. These amendments establish the framework for an approach that is more focused on ecological and cultural values. A key part of this will be replacing forest stewardship plans, which are currently developed by industry, with forest landscape plans developed by the Province with First Nations, local communities and other partners, which will create new opportunities for shared decision-making between the Province and First Nations.

 

The Anti-Racism Data Act (Bill 24)

Passed June 2, 2022, the act allows data to be collected that will help identify gaps in programs and services and ensure government can better meet the needs of Indigenous, Black and other racialized British Columbians. The act is one of the first pieces of legislation to be co-developed with Indigenous Peoples under the Declaration on the Rights of Indigenous Peoples Act. Since the legislation came into effect, an anti-racism data committee has been formed to bring together community members to collaborate with government to determine key research priorities and how to gather and use data to identify and eliminate systemic racism in the public sector. The act requires the Province to work with Indigenous Peoples on data initiatives related to anti-racism including data standards and research priorities.

 

Education Statutes Amendment Act (Bill 25)

The Minister of Education and Child Care introduced the amendments on October 25, 2021, as Bill 25. Passed into law on November 2, 2021, the bill amended the First Nations Education Act, the Teachers Act, and the Criminal Records Review Act, all in support of First Nations’ jurisdiction over education on First Nation land. In addition, the legislation changed the composition of the British Columbia Teachers’ Council, ensuring representation and a voice for First Nations Education Authority.

 

Interpretation Amendment Act (Bill 29)

The Attorney General introduced this statute on November 17, 2021, as Bill 29, which was passed into law on November 23, 2021. This bill added a universal non-derogation clause to the Interpretation Act, making it explicit that provincial laws uphold, and do not abrogate or derogate from, the rights of Indigenous Peoples under Section 35 of the Constitution Act, 1982. Bill 29 also amended the Interpretation Act to provide that all provincial acts and regulations must be read to be consistent with the UN Declaration.

The progress of bills can be viewed on the Parliamentary Business website. Recent announcements on new or amended legislation can be found on the Working for you website.

 

Health Professions & Occupations Act (Bill 36)

The Ministry of Health introduced this new legislation on October 19, 2022, as Bill 36. The Health Professions and Occupations Act passed into law on November 24, 2022. It enhances patient safety, strengthens oversight of health regulatory colleges and improves governance of health professionals. With this legislation, the Province formally hardwires anti-discrimination measures, restorative processes and trauma-informed practices directly into health profession legislation.

 

Indigenous Self-Government in Child and Family Services Amendment Act (Bill 38)

On October 26, 2022, the Ministry of Children and Family Development amended the Adoption Act and the Child, Family and Community Service Act, recognizing the inherent right of self-government of Indigenous communities including jurisdiction over child and family services. The amendments removed barriers in provincial legislation so Indigenous Peoples can deliver child and family services pursuant to their Indigenous laws, keeping Indigenous children and youth safely connected to family, community, and culture. One of the goals is to address and reduce the disproportionate numbers of Indigenous children and youth in provincial care. The amendment act passed into law on November 25, 2022.

 

 

Declaration Act Action Plan
Smiling Indigenous child standing between two trees

The Declaration Act Action Plan is an 89-point plan that includes goals, outcomes, and tangible actions needed for meaningful progress in reconciliation from 2022-2027.

Download the plan 

More information can be found on the redesigned Declaration Act website.

Declaration Act Annual Report
Smiling Indigenous child standing in a forest

In June 2023, the Province took the entire Declaration Act Annual Report online with a redesigned Declaration Act website, which highlights the work to implement the Action Plan, as well as comprehensive reporting on progress and indicators.

Contact information

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