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.

Ministry of Indigenous Relations and Reconciliation

Year started

2

Current year

2

How far along
is this work?

3

How complicated
is this work?

3

Are there
challenges?

3

How are we
working together?

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.