Local government and First Nations relations
Last updated on July 11, 2024Productive government-to-government relationships between local governments and First Nations, through collaboration and pro-active communication, can result in more inclusive decision-making by local governments and support the reconciliation process in B.C. Local governments are encouraged to engage with First Nations and build practical relationships based on recognition of First Nations' rights, respect, co-operation, and partnership.
Local governments should incorporate truth and reconciliation learning and activities, relationship building, and First Nation engagement in their strategic plans and policy by applying the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and Truth and Reconciliation Commission Calls to Action.
Declaration on the Rights of Indigenous Peoples Act and local government
The provincial government passed the Declaration on the Rights of Indigenous Peoples Act (Declaration Act) into law in November 2019. The Declaration Act establishes the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) as the Province’s framework for reconciliation, as called for by the Truth and Reconciliation Commission’s Calls to Action, and affirms application of the UN Declaration to the laws of British Columbia.
The Declaration Act aims to create a path forward that respects the human rights of Indigenous Peoples while introducing better transparency and predictability in the work the Province does with Indigenous Peoples.
There are four key areas to the Declaration Act:
- Section 3 mandates the government to bring provincial laws into alignment with the UN Declaration
- Section 4 requires the Province to develop and implement an action plan, in consultation and cooperation with Indigenous Peoples, to meet the objectives of the UN Declaration
- Section 5 requires regular reporting to the legislature to monitor progress on the alignment of laws and implementation of the action plan, including tabling annual reports by June 30 of each year, and
- Sections 6 and 7 allow for flexibility for the Province to enter into agreements with a broader range of Indigenous governments and to exercise statutory decision-making authority together
Through the Declaration Act, B.C. is fundamentally shifting the approach to how provincial laws are developed and implemented. To guide and support this work, the Province has established the Declaration Act Secretariat.
The Declaration Act does not explicitly make changes to regulatory frameworks, operational decision-making, or consultation requirements. It does, however, require ministries to ensure statutory laws, including associated regulations and legislated orders, are consistent with the UN Declaration.
As required under the Declaration Act, any changes to local government legislation would be made in consultation the Union of BC Municipalities, local governments, and Indigenous Peoples consistent with the distinctions-based approach. Local governments will also be engaged in this process. Other key partners such as businesses may be involved, as appropriate.
Local governments should examine the UN Declaration and Declaration Act Action Plan to look for opportunities to implement changes locally – including policies, bylaws, and other initiatives - to advance reconciliation. Local governments may also find it useful to read the Interim Approach to Implementing the Requirements of Section 3 of the Declaration on the Rights of Indigenous Peoples Act which provides ministries with clear, transparent processes for how they are to work together with Indigenous Peoples in developing provincial laws, policies and practices.
Relationship building
Local governments and First Nations are working together to discuss common interests, challenges and mutual opportunities for their communities. Working together can include developing communication and collaboration tools such as protocols or service agreements and memorandums of understanding (MOUs).
Examples of working together can be found in CivicInfo BC’s library.
The Community to Community Program (C2C) is a funding program for local governments and First Nations to discuss common issues, challenges and mutual opportunities for the benefit of their communities. As well as advancing reconciliation and relationship building, the C2C Program can fund the development of agreements (such as protocols, MOUs, service agreements, joint plans, and strategies). The C2C Program can also fund the joint review of existing bylaws and/or policies, or the development of recommendations for new or amended bylaws and/or policies.
The Federation of Canadian Municipalities First Nations–Municipal Community Infrastructure Partnership Program Service Agreement Toolkit offers information about service agreements to help local governments work together, and negotiate robust and sustainable relationships and agreements with First Nations.
Provincial statutory approvals
When a local government is seeking a provincial statutory approval for a boundary change, restructure, or certain land use bylaws, early and ongoing engagement with local First Nations helps to: explore opportunities for cooperation and collaboration, identify potential issues, and strengthen an existing relationship or foster a new relationship. Local governments are expected to demonstrate and document that they have conducted meaningful engagement of all affected First Nations for proposed initiatives as part of the provincial statutory approval process.
The Guide to First Nations Engagement on Local Government Statutory Approvals (Interim) offers best practices and resources about local government engagement with First Nations and the provincial government’s constitutional duty to consult with First Nations.
Treaty process
The treaty process is led by the BC Treaty Commission, an independent body that helps facilitate negotiations among the governments of B.C., Canada, First Nations, and also provides information on the status of specific negotiations underway. The Ministry of Indigenous Relations and Reconciliation (MIRR) leads the Province's participation in treaty as well as other negotiations with First Nations
First Nations participation in regional governance
The Local Government Act provides for Treaty First Nations to participate in regional governance (i.e. Regional Districts) similar to how municipalities do. Currently, seven of eight modern Treaty First Nations are members of regional districts and shíshálh Nation sits on the Sunshine Coast Regional District board.
Local government representatives participate in discussions on treaty-related matters of interest to local governments through a MOU between the Union of BC Municipalities and MIRR.
The Ministry of Municipal Affairs provides support to provincial and local government representatives engaged in the treaty process.
Through the treaty process, Treaty First Nations can assess the merits of membership in a regional district. Regional district membership for First Nations is enabled under the Local Government Act and can be provided for through a final treaty agreement. A Treaty First Nation decision to join a regional district is voluntary; upon becoming a member, the Treaty First Nation follows the legislative framework laid out in the Local Government Act, similarly to all regional district members.
Ka:’yu:’k’t’h’/Che:k’tles7et’h First Nations joined the Strathcona Regional District in 2021. An orientation manual was co-created by the Ka:’yu:’k’t’h’/Che:k’tles7et’h First Nations and the Strathcona Regional District to support local elected officials and staff as well as residents and citizens in moving down the path to regional cooperation and governance.
Guidance & Resources
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Contact information
Contact us if you have questions about local government and First Nations relations.
250 387-4020
1 800 663-7867