First Nations alarmed by BC's fast track agenda

By Sonal Gupta
Local Journalism Initiative Reporter

Indigenous leaders across BC are sounding the alarm over two new provincial bills they say threaten to undermine their people’s rights and weaken environmental safeguards.

The legislation introduced by Premier David Eby’s government aims to fast-track major infrastructure developments and clean energy projects. But First Nations leaders argue the bills were developed without the proper consultation required under BC’s Declaration on the Rights of Indigenous Peoples Act (DRIPA).

Under DRIPA, the province is legally obligated to consult Indigenous communities in such cases, the leaders said.

“We’re supposed to have not only a heads-up but co-development of laws and legislation and policies,” said Robert Phillips, political executive of the First Nations Summit, part of the First Nations Leadership Council.

While the groups support economic growth, they are worried it could undermine Indigenous jurisdiction.

“While we support the Province taking action to counter Trump’s erratic behaviour, such action must be principled,” said Stewart Phillip, grand chief and president of the Union of BC Indian Chiefs, in a press release. “We are deeply alarmed by the province’s continued backsliding on reconciliation.”

Bill 15, known as the Infrastructure Projects Act, tabled this month, grants the provincial cabinet sweeping authority to override local rules and environmental assessments for projects deemed "provincially significant." This includes the power to bypass local zoning bylaws, issue permits directly and even create alternative environmental assessments for projects like mines, mills and energy developments.

While the premier has reassured people that the province remains committed to DRIPA and legislation will not override Indigenous rights, the leaders are not convinced.

If the province ignores reconciliation in its rush to achieve economic growth, it will only face legal challenges that will serve no one’s interests, Phillips said.

He pointed to Mount Polley as an example of what happens when governments push ahead with industrial projects without proper consultation or rigorous environmental review. The 2014 tailings pond collapse at Mount Polley, in south-central BC, caused one of Canada’s worst environmental disasters. Litigation over the mine’s expansion continues.

Phillips said meaningful consultation doesn't have to be a roadblock. For public infrastructure, like hospitals and schools, First Nations want to see faster progress too, he said — but they are concerned about environmental oversight, especially for large, private, profit-driven projects that can impact Indigenous territories for generations.

“I’m probably one of the most pro-business members of the leadership council,” he said. “I want to see jobs and opportunities — but not at all costs. Not if it risks unravelling decades of work on rights recognition and environmental safeguards.”

Phillips said many communities also lack the capacity to conduct their own environmental assessments or negotiate complex project terms, which makes early and robust engagement and access to capacity-building support even more essential.

“If First Nations aren’t consulted and don’t have consent, it jeopardizes everything we’ve worked to build under DRIPA,” he said. “Reconciliation and economic growth are not incompatible — they go hand in hand.”

Meanwhile, the BC Green Caucus has issued a statement of intent declaring it will not support Bill 15, the Infrastructure Projects Act.

“Bill 15, in its current form, grants the NDP cabinet sweeping powers to bypass environmental assessment, municipal authorities, and the jurisdiction of First Nations under the guise of fast-tracking major infrastructure projects,” said Jeremy Valeriote, Interim BC Greens Leader and MLA for West Vancouver–Sea to Sky.

“We agree that hospitals, schools, and public infrastructure need to be expedited, and that unnecessary red tape must be removed to get these projects built,” said Valeriote.

“However, our concern lies with the bill’s provisions allowing the province to approve any project it deems ‘provincially-significant’—a term that remains undefined and vague.”

The Caucus emphasizes that its opposition is not ideological.
“We do not oppose government legislation for the sake of opposition,” added Rob Botterell, House Leader and MLA for Saanich North and the Islands.

“We worked constructively to improve the government’s tariff response bill, Bill 7; we successfully pushed for the removal of Part 4, which would have consolidated unnecessary power in the cabinet; and we further succeeded in introducing amendments that ensure there is transparency and oversight in Bill 7. There is a troubling trend of legislation from this government that concentrates power and reduces oversight—a trend also visible in Bill 14, the Renewable Energy Projects Act.”

“We’re deeply concerned about the consolidation of power within the BC Energy Regulator under Bill 14. This is a regulator already under public scrutiny for allowing oil and gas companies to sidestep environmental protections,” Valeriote said.

“Bills 14 and 15 together signal a direction for provincial governance that sidelines communities, environmental standards, and Indigenous rights.”

“British Columbia has a long and troubling history of overriding Indigenous authority in favour of resource development,” said Botterell.

“Granting the provincial government unchecked authority to bypass local and Indigenous decision-making, whether now or under a future government, is deeply concerning.”

“A fast-tracked approach that skips over consultation is more likely to lead to unintended consequences, so we need to see real amendments and meaningful concessions from the government,” added Botterell. “Otherwise, we cannot support legislation that places short-term expediency over long-term rights, transparency, and accountability.”

If the Bills are passed, the NDP government says it will result in;

• speeding up approvals for priority provincial infrastructure projects, such as schools and hospitals. The act can also help speed up approvals for other projects designated as provincially significant, including those delivered by other partners.

• prioritizing and accelerating provincial permitting for provincial and other designated projects, including developing a qualified professionals reliance framework;

• allowing an expedited environmental assessment process so designated projects can be reviewed more quickly without compromising B.C.’s high environmental standards;

• establishing a framework for alternative permit authorizations, through an agreement-seeking approach with local governments, to get shovels in the ground faster for provincial and other designated projects;

• putting the authority of the new ministry into law so it can carry out its roles and responsibilities, such as policy development, project planning and prioritization, land acquisition, and procurement for vertical provincial projects;

• enabling the ministry to work with school districts, health authorities and post-secondary institutions to deliver some projects on their behalf. This will allow the government to group multiple projects into a single procurement or allow the government to purchase project components for multiple projects at a single time; and

• Working collaboratively with schools, health authorities, and post-secondary institutions will ensure projects are delivered efficiently and cost-effectively.

“At a time of uncertainty caused by Donald Trump’s tariffs, it’s more important than ever that we create more good-paying jobs by delivering the critical infrastructure projects people need – faster,” said Eby.

“We are building a record number of new schools, hospitals and major transportation projects across B.C., but too many others face unnecessary and costly delays. This legislation is designed to speed up permitting and approvals to get shovels in the ground more quickly on priority projects.”

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