Sections 6 and 7 of the Declaration on the Rights of Indigenous Peoples Act (Declaration Act) enable the Province to enter into agreements with Indigenous governing bodies (IGIBs). including joint or consent-based decision-making agreements respecting statutory powers of decision.
In a joint agreement, the Province and IGBs make decisions together.
Under a consent-based agreement, both the Province and the IGB must approve a project before it can proceed.
The intent of these agreements is to provide certainty and stability in statutory decision-making and to recognize and implement Indigenous jurisdiction as part of B.C.’s decision-making process in a manner that is transparent and judicially reviewable.
The Province also has a wide variety of agreements with First Nations and other Indigenous Peoples that include non-statutory decision-making.
View guidance on the Province's approach to IGBs in the Declaration Act.
Section 7 agreements outline the processes for joint or consent-based statutory decision-making while clarifying the roles and responsibilities of the Province and the IGB.
Work is underway on the two consent-based section 7 agreements between B.C. and the Tahltan Central Government for the Eskay Creek and the Red Chris mines. These agreements operate under section 7 of the Environmental Assessment Act.
Over the past few years, the Province has:
Section 6 agreements are broader in nature as section 6 does not specify any agreement types. The Province has incorporated Section 6 into the Indigenous Self-Government in Child and Family Services Amendment Act, and the Emergency and Disaster Management Act. However, no section 6 agreements have been signed to date.
Negotiating section 6 and 7 agreements occur as part of the ongoing government-to-government relationships between B.C. and IGBs. These initial discussions are often confidential in nature.
Should these initial exploratory discussions result in shared objectives and negotiations progress, the Province then engages with those who may be affected by agreements. The goal of the Province’s engagement is to build and strengthen relationships and create a clear understanding of agreements and initiatives amongst all partners and interest holders, including local government, industry, and others.
With respect to section 7 agreements, the Province has statutory obligations to publicly release a summary of those to be consulted with before or during the section 7 negotiations.
Community engagement promotes partnerships and collaboration IGBs, local governments, industry, partners and community members.
Any section 7 agreement that results from negotiations must be approved by government through an order in council and published before it can come into effect. View orders below.
Both mandates and agreements are typically accompanied by news releases, providing for increased transparency and public awareness. Read news releases below.
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