1.03

Utilize sections 6 and 7 of the Declaration Act to complete and implement government-to-government agreements that recognize Indigenous self-government and self-determination.

Provincial Lead: Declaration Act Secretariat

Year started

2

Current year

4

How far along
is this work?

3

How complicated
is this work?

3

Are there
challenges?

3

How are we
working together?

Actions 1.03 and 2.04 guide the Province’s work to advance government-to-government agreements and joint decision-making arrangements that recognize Indigenous self-government and enable shared decision-making under sections 6 and 7 of the Declaration Act. Therefore, reporting is consistent across both actions.

How are we working together?

Negotiating section 6 and 7 agreements is a collaborative process with Indigenous governing bodies that involves ongoing engagement. The Province is making progress: In 2025/26, the Province signed three section 7 orders with the Tŝilhqot’in National Government, ʼNa̱mǥis First Nation, and Simpcw First Nation.

Additionally, in 2025/26, the Province and the Tahltan Nation reached an historic milestone by jointly making regulatory decisions on the reopening of the Eskay Creek gold-silver mine; this was enabled through a section 7 agreement.

Are there challenges?

Progress continues to be made in advancing agreements that share statutory decision-making with Indigenous governing bodies, where appropriate. This work is complex and takes time, requiring cross-government alignment, approval processes, consultation and co-operation with Indigenous Peoples and engagement with stakeholders and the public.

The Province has heard concerns about a lack of progress in advancing more section 6 and 7 agreements and will continue to work to implement section 6 and 7 agreements under Action 2.04.

The Province is also working to build awareness and understanding of what section 6 and 7 agreements are, their benefits and the process the Province undertakes to negotiate and implement them. Recognizing that limited awareness may act as a barrier, the Province is committed to sharing more information with Indigenous governing bodies, stakeholders, and the broader public as part of ongoing engagement efforts.

Highlights

In June 2025, the Province secured a mandate under section 7 to negotiate an agreement with the Tŝilhqot’in National Government, if and when needed, in respect of decisions under the Environmental Assessment Act relating to mining projects in the Teẑtan Area. 

In December 2025, the Province entered into a joint decision-making agreement under section 7 with ʼNa̱mǥis First Nation to support the joint establishment of forest landscape plans and joint approval of associated forest operations plans within Tree Farm License 37. Implementation of this agreement is enabled under the Forest and Range Practices Act.

In March 2026, the Province secured a mandate under section 7 to negotiate a consent-based decision-making agreement with Simpcw First Nation in respect of decisions under the Environmental Assessment Act relating to the proposed Yellowhead Copper mining project, or another mine project that is proposed to be located where the Simpcw First Nation is the primary Indigenous decision-maker.

In January 2026, the Province and the Tahltan Nation reached an historic milestone through approving the Eskay Revitalization Project enabled through a consent-based agreement, The Eskay Creek mine project is the first to go through the regulatory process under a section 7 agreement. This new approach to decision-making successfully wove together Indigenous rights and jurisdiction with provincial processes under the Declaration on the Rights of Indigenous Peoples Act and Environmental Assessment Act.

Previous years’ progress

Progress shows: Action 1.03. Year started: 2. Current year: 3. How far along is this work? implementation. How complicated is this work? notable complexity. Are there challenges? notable challenges. How are we working together? moderate engagement.

Highlights

In April 2024, ‘Namgis First Nation and the Province initiated formal engagement and negotiations on a joint decision-making agreement under section 7 of the Declaration Act to support forest stewardship and sustainable forestry operations.

How are we working together?

The collaborative nature of negotiations of section 6 and 7 agreements requires ongoing engagement with Indigenous governing bodies. The Province has worked with the First Nations Leadership Council and the Alliance of BC Modern Treaty Nations to develop shared approaches to negotiation and implementation of these new agreements. 

Exploratory discussions are underway with Indigenous governing bodies who are interested in developing agreements which may result in additional mandated negotiations.

Are there challenges?

Progress is being made in negotiations and the Province is advancing agreements that share statutory decision-making with Indigenous governing bodies. Although the Declaration Act establishes space for negotiating section 6 and 7 agreements, statutory amendments may be required for these agreements to be implemented, where appropriate. This work takes time, cross-government alignment, and consultation and co-operation with Indigenous Peoples. 

The Province will continue to work to implement section 6 and 7 agreements under Action 2.04 including seeking approval for legislative amendments where required. As part of any proposed legislative amendment process, there will be public, partner and interest holder engagement. 

The Province is working to build awareness of the scope and opportunities within section 6 and 7 agreements across government and with Indigenous governing bodies, interest holders and the general public. This important work also requires complementary public education and awareness-raising efforts related to truth, history and reconciliation. 

Previous years’ progress

Progress shows: Action 1.03. Year started: 2. Current year: 2. How far along is this work? implementation. How complicated is this work? notable complexity. Are there challenges? notable challenges. How are we working together? moderate engagement.

Highlights

This year Tahltan Central Government and the Province entered into a second consent-based decision-making agreement under section 7 of the Declaration Act in relation to the future operation of the Red Chris mine located in Tahltan Territory. This agreement is a necessary step forward in the evolving progression of co-governance relationships between First Nations and the B.C. government. 

The Province and Tahltan Central Government will begin discussions for a third decision-making agreement related to the collaborative assessment of proposed changes to the previously approved Galore Creek copper and gold mine.

A structured and intentional approach to the negotiation of section 7 agreements under the Declaration Act demonstrates positive progress towards reconciliation. Whether joint or consent-based, section 7 agreements allow Indigenous governing bodies and the Province to work in partnership to address the legacy of colonialism and create more durable decision-making approaches. 

How are we working together?

The collaborative nature of negotiations of section 6 and 7 agreements requires ongoing engagement with Indigenous governing bodies. The Province has been working with the First Nations Leadership Council and the Alliance of BC Modern Treaty Nations on the approach to the negotiation and implementation of these new agreements. Exploratory discussions are underway with Indigenous governing bodies who are interested in developing agreements which may result in additional mandated negotiations.

Are there challenges?

Progress is being made in negotiations and the Province is advancing agreements that share statutory decision-making with Indigenous governing bodies, where appropriate. Although the Declaration Act establishes space for negotiating these agreements, statutory amendments may be required for section 6 and 7 agreements to be fully enacted This work takes time, cross-government alignment, and consultation and co-operation with Indigenous Peoples. The Province will continue to work to implement section 6 and 7 agreements under Action 2.4 including seeking approval for legislative amendments where required. As part of any proposed legislative amendment process, there will be public and stakeholder engagement. The Province is working to build awareness of the scope and opportunities within section 6 and 7 agreements across government and with Indigenous partners, stakeholders and the public.