How are we working together?
Negotiation of section 7 agreements is a collaborative process with Indigenous governing bodies that involves ongoing engagement. To date, the Province has worked with the First Nations Leadership Council and the Alliance of BC Modern Treaty Nations on the approach to the negotiation and implementation of section 7 agreements. In March 2024, the Province secured a mandate to negotiate with ‘Namgis First Nation on a joint decision-making agreement to support forest stewardship and sustainable forestry operations. Exploratory discussions are underway with other Indigenous governing bodies interested in developing section 7 agreements, which may result in additional mandated negotiations.
Are there challenges?
The Province is advancing agreements that share statutory decision-making with Indigenous governing bodies. This work is complex and requires approval before agreement negotiations can begin. Although the Declaration Act establishes the space for negotiating section 7 agreements, amendments to existing legislation may be required for these types of agreements to be implemented.
The Ministry of Indigenous Relations and Reconciliation has heard concerns and feedback from some partners, First Nations and others about a lack of awareness and understanding about these types of agreements and the process to negotiate and implement them. Addressing the concerns requires cross-government alignment, and consultation and co-operation with Indigenous Peoples, interest holders and the public. The Province is working to build awareness and understanding of section 7 of the Declaration Act. This important work also requires complementary public education and awareness-raising efforts related to truth, history and reconciliation.
Highlights
The negotiation of section 7 agreements under the Declaration Act demonstrates a structured and intentional approach towards reconciliation. Whether joint or consent-based, agreements under section 7 of the Declaration Act help address the legacy of colonialism by allowing the Province to work together with Indigenous Peoples on decisions that affect them. Legislative amendments are often required for these agreements to be operationalized.
In Spring 2024, the Employment and Assistance Act, as well as the Employment and Assistance for Persons with Disabilities Act were amended to bring these pieces of legislation into alignment with commitments under the Declaration Act.
In April 2024, the Adoption Act and the Child, Family and Community Service Act were amended to expand the scope for joint and consent-based decision-making agreements in Indigenous child and family services including the ability to create a full pathway for dispute resolution through the provincial courts under Indigenous law.
Previous years’ progress
Highlights
The negotiation of section 7 agreements under the Declaration Act demonstrates a structured and intentional approach towards reconciliation. Whether joint or consent-based, agreements under section 7 of the Declaration Act help address the legacy of colonialism by allowing the Province to work together with Indigenous Peoples on decisions that affect them. Legislative amendments are often required for these agreements to be operationalized.
The Tahltan Central Government (TCG) and the Province entered into a second consent-based decision-making agreement under section 7 of the Declaration Act in November 2023, adding an agreement for the operation of the Red Chris mine located in Tahltan Territory.
In the fall of 2023, B.C. modernized emergency management legislation by enacting the Emergency and Disaster Management Act (EDMA) to enable joint or consent-based agreements with Indigenous governing bodies.
How are we working together?
Negotiation of section 7 agreements is a collaborative process with Indigenous governing bodies that involves ongoing engagement. In addition to engaging 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 section 7 agreements. In 2023, the Province successfully entered into a second section 7 agreement with Tahltan Central Government and secured a mandate to negotiate a third section 7 agreement. Exploratory discussions are underway with Indigenous governing bodies interested in developing section 7 agreements that could result in additional mandated negotiations.
Are there challenges?
The Province is advancing agreements that share statutory decision-making with Indigenous governing bodies, and progress is being made in negotiations. Although the Declaration Act establishes the space for negotiating section 7 agreements, statutory amendments are required for these agreements to be implemented. This work is complex and requires cross-government alignment and consultation and co-operation with Indigenous Peoples, stakeholders and the public. To this end, the Province is working to build awareness and understanding of section 7 of the Declaration Act across government and with Indigenous partners, stakeholders and the public.
Highlights
Tahltan Central Government and the Province entered into the first consent-based decision-making agreement under the Declaration Act in June 2022.
This agreement honours Tahltan’s jurisdiction in land-management decisions in Tahltan Territory, in recognition of Tahltan’s title and rights within its territory. The agreement advances reconciliation as well as provides clarity and predictability for the Eskay Creek Revitalization Project.
The shíshálh Nation and the Province started negotiations on the first joint decision-making agreement to be negotiated under section 7 of the Declaration Act in August 2022.
The agreement, when negotiated, will apply to decisions on dock tenures in the shíshálh swiya (territory/birthplace/world) and builds upon the current model for making shared decisions on dock tenures created in 2018.
The negotiation of section 7 agreements under the Declaration Act demonstrates a structured and intentional approach towards reconciliation. Whether joint or consent-based, these agreements help address the legacy of colonialism by allowing the Province to work together with Indigenous Peoples on decisions that affect them to further reconciliation. Legislative amendments are often required for these agreements to be operationalized.
Indicators
- Number of active negotiations: Two Indigenous governing bodies actively negotiating joint decision-making and consent agreements under section 7 of the Declaration Act.
- Number of legislative amendments: Two legislative amendments made to enable implementation of joint decision-making and consent agreements under section 7 of the Declaration Act during the fiscal year. Legislative amendments were made to the Child, Family and Community Service Act and the Adoption Act.
How are we working together?
Negotiation of section 7 agreements is a collaborative process with Indigenous governing bodies that involves ongoing engagement. In addition, the Province has been working with the First Nations Leadership Council and Alliance of BC Modern Treaty Nations on the approach to the negotiation and implementation of section 7 agreements. Exploratory discussions are underway with other Indigenous governing bodies interested in developing section 7 agreements and are expected to result in additional mandated negotiations.
Are there challenges?
Considerable 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 the space for negotiating section 7 agreements, statutory amendments may be required for these agreements to be implemented. This work takes time, cross-government alignment, and consultation and co-operation with Indigenous Peoples.