Indigenous engagement requirements for emergency management

The Emergency and Disaster Management Act (the Act) includes Indigenous engagement requirements that enhance collaboration with Indigenous governing bodies and promote the incorporation of Indigenous knowledge and cultural safety into emergency management practices.

Indigenous governing bodies are entities that are authorized to act on behalf of Indigenous Peoples that hold rights affirmed by the Constitution Act, 1982. This may be a First Nation Chief and Council, a tribal council, or other entity, as determined by the Indigenous Peoples who authorize them.

On this page

• About the requirements
• What is required now
• When further regulations come into effect
• Resources

About the requirement

Indigenous engagement requirements is a term that refers to the engagement requirements in the Act including:

• Consultation and cooperation prior to using certain land-based response or recovery powers
• Engagement and cooperation if it was not possible to consult and cooperate prior to using certain land-based response or recovery powers
• Reaching agreement obligations described in the Act
• Consultation and cooperation when developing risk assessments and emergency management plans including to:
  • Incorporate available Indigenous knowledge
  • Describe measures to promote cultural safety in emergency management plans
  • Consider feedback provided by Indigenous governing bodies
  • Coordinate emergency management plans
  • Include reference to agreements reached with areas for consultation and cooperation in the response and recovery phases

Further information is available in the Indigenous Engagement Requirements Interim Guidance document and factsheets on cultural safety, Indigenous knowledge, and agreements with Indigenous governing bodies set out in Resources.

What is required now

Local authorities should engage with the Indigenous governing bodies they already work with, as well as those known to have traditional territories that overlap with their jurisdiction.

This supports work towards the reaching agreement provisions in the Act by:

• working with Indigenous governing bodies to identify and specify who is authorized to represent rights and title holders for purposes of consultation and cooperation
• making a reasonable effort to confirm and agree on geographic areas for consultation and cooperation in emergency response and recovery. 

Local authorities and the Minister of Emergency Management and Climate Readiness (EMCR) must also consult and cooperate with Nisga’a Nation and modern treaty nations if they intend to make a certain order (see Response and Recovery Powers (PDF, 386KB)) and that order will affect an area, or the people in an area that includes Nisga’a lands or treaty lands.

Reaching Agreement

The purpose of reaching agreement is to clarify:

• who local authorities need to work with during emergency response and recovery,
• where consultation and cooperation are expected for emergency management.

The Indigenous Engagement Requirements Interim Guidance provides principles to help local authorities prepare and connect with Indigenous governing bodies.

When there is an emergency

While agreements are still being developed, municipalities and regional districts are encouraged to engage with Indigenous governing bodies in a manner that supports collaboration and coordinated decision making across all phases of emergency management. 

EMCR Response and Recovery Powers under Resources provides a summary of which powers require consultation and cooperation. 

Consultation and cooperation with Nisga’a Nation and modern treaty nations

If a municipality, Regional district, or the Minister of EMCR is intending to use a certain emergency instrument (such as an evacuation order) that may affect an area, or people in an area, that is within Nisga’a Lands or treaty lands of a modern treaty nation, they must do all of the following before taking action:

• Give notice to Nisga’a Nation or modern treaty nations of the details of the intended action and any arrangements they intend to make with respect to evacuated individuals
• Consider any comments received from Nisga’a Nation or treaty first nation and the rights of Indigenous peoples
• Obtain consent of the Nisga’a Nation or the modern treaty nation in relation to taking the action

Nisga’a Lands and treaty lands of modern treaty nations are defined in treaty documents. The B.C. data catalogue includes a map layer of Nisga’a Lands and treaty lands.

When further regulations come into effect

When preparing or reviewing and revising an emergency management plan and risk assessments, municipalities and regional districts are required to consult and cooperate, in accordance with regulations, with each Indigenous governing body that acts on behalf of Indigenous peoples whose traditional territory or treaty area includes an area to which the plan applies. Read more in the Emergency and Disaster Management Regulation.

Consultation and cooperation during emergency planning and preparedness supports meaningful engagement including:

• incorporating Indigenous knowledge
• coordinating emergency management plans and risk assessments
• and identifying measures to promote cultural safety

Resources

The following resources include guidance to support implementation of the Indigenous engagement requirements.

• Indigenous Engagement Requirements (IER) Interim Guidance (PDF, 1.2MB)
• Cultural safety and the EDMA factsheet (PDF, 589KB)
• Indigenous knowledge and the EDMA factsheet (PDF, 567KB)
• Response and Recovery Powers (PDF, 386KB)
• IER Funding Program
• Indigenous governing bodies agreements factsheet (PDF, 547KB)
• Emergency and Disaster Management Act (EDMA)