Alignment of Laws (Section 3)
Section 3 of the Declaration on the Rights of Indigenous Peoples Act (Declaration Act) requires the Province of B.C., in consultation and co-operation with the Indigenous Peoples in B.C., to take all measures necessary to ensure the laws of B.C. are consistent with the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration).
The Declaration Act Secretariat’s (the Secretariat) mandate is to guide and assist the implementation of section 3 of the Declaration on the Rights of Indigenous Peoples Act (Declaration Act). Section 3 mandates the Province to take all measures necessary to, in consultation and co-operation with Indigenous Peoples, ensure provincial laws are aligned with the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration).
B.C. was the first jurisdiction in Canada to adopt the UN Declaration into law. Implementing this work requires significant systemic, cultural, and legislative transformation. At the core of the alignment of laws work is co-development, co-operation, co-drafting, and consultation with Indigenous Peoples. The Secretariat works to identify the systemic shifts needed to enable success. Working with Indigenous Peoples and the BC Public Service, the Secretariat will continue to apply new learnings from feedback and further transform existing policies, practices, and processes.
Alignment of Laws and Ministry Support
The Secretariat plays an essential role in supporting the Province in meeting section 3 of the Declaration Act obligations. This is key to meeting the requirements of the UN Declaration to ultimately respect and honour the human rights of Indigenous Peoples and create transparent processes for Indigenous Peoples and the Province to work together. While the Secretariat supports this work, legislative alignment requires a cross-government approach.
Some of the Secretariat’s core functions include:
- developing processes and measures to support alignment of laws; and
- assisting ministries in advancing legislative initiatives in alignment with the UN Declaration.
The Secretariat provides direct support to ministries engaging in alignment of laws work at each stage of policy and legislative development. This support includes:
- providing advice on obligations under section 3 of the Declaration Act;
- reviewing ministry-created materials relating to section 3;
- participating in planning discussions, as well as meetings with partners; and
- sharing feedback and lessons learned.
Through these actions, the Secretariat supports multiple teams across each ministry providing advice on legislation, including one-time requests and ongoing initiatives. From engaging with ministries and Indigenous partners, the Secretariat receives feedback and lessons learned and uses this information to inform future advice and best practices, and identify systemic, cultural, and procedural change needs.
The Secretariat also participates in executive-level cross-government committees. These committees discuss legislative and policy initiatives at key stages. The Secretariat ensures section 3 obligations and perspectives shared by Indigenous Peoples are represented in these forums.
Key legislation passed in 2024/2025
Below are some examples of key legislation passed in 2024 that incorporated the UN Declaration and was effectively developed in consultation and co-operation with Indigenous Peoples:
Bill 13 Land Title and Property Law Amendment Act (April 2024)
The Province passed amendments to the Property Law Act and Land Title Act to remove the need for First Nations recognized as legal entities under federal law (e.g., Indian Act bands) to use proxies, such as development corporations or societies, to purchase, hold and register land. These amendments eliminated a discriminatory and racist legal barrier that added time and cost to First Nations land registration with the B.C. land title office. Previously, to buy or hold land, most First Nations had to undertake the additional administrative processes of setting up a corporation or using alternative arrangements, for example, proxies, federal trust, societies and individual members.
To inform the development of the amendments, the Province engaged with First Nations, Modern Treaty Nations, the federal government, local governments, industry, and business organizations to gain feedback. The Province heard a variety of perspectives and ideas about the proposed legislative amendments, documenting them in a ‘what we heard’ report.
The changes support the Province’s commitments to reconciliation by advancing the Truth and Reconciliation Commission Calls to Action No. 45, and the UN Declaration articles 3, 4, 5, and 26 (2).
Bill 20 First Nations Mandated Post-Secondary Institutes Act (May 2024)
The integral role First Nations-mandated post-secondary institutes play as a key pillar of B.C.’s post-secondary education system is now supported by ongoing funding provided under new legislation.
As of April 2024, the First Nations Mandated Post-Secondary Institutes Act commits operational and capacity funding for eligible institutes to support institutional priorities in the delivery of adult and post-secondary education. These priorities include growing First Nations’ capacity toward a skilled and diverse workforce, revitalizing their languages and cultures, and addressing the continuing impacts of colonialism and racism. The new legislation addresses the UN Declaration, specifically article 14(1), and delivers on commitments in the Declaration Act Action Plan.
Through continued consultation and collaboration, the Province will work with the First Nations Education Steering Committee and the Indigenous Adult and Higher Learning Association to implement the new legislation.
Bill 23 Anti-Racism Act (May 2024)
The Ministry of the Attorney General introduced new legislation on April 11, 2024, which was passed into law on May 16, 2024. With this legislation, the B.C. government is taking action on systemic racism uncovered through race-based data collection and lived experiences of Indigenous Peoples and racialized communities. For example, the legislation requires the Province to strengthen checks and balances in its programs and services in hospitals, schools, courts and other public spaces.
A new anti-racism committee will draw up a whole-of-government action plan to address systemic racism. The legislation fulfils action 3.6 of the Declaration Act Action Plan, which commits the Province to introducing anti-racism legislation that addresses Indigenous-specific racism.
“The Declaration Act Secretariat (DAS) was instrumental in the successful development, consultation, and introduction of Bill 23, the Anti-Racism Act. DAS worked with members of the AG-Multiculturalism and Anti-Racism Branch from the development of the policy intent, where their role was ensuring that AG-staff honoured commitments not only through consultation and cooperation but also actions committed in theme 3 of the Declaration Act Action Plan. DAS informed all the stages of legislative development of Bill 23. DAS played the role of intermediary when policy decisions affecting First Nations, Métis, and Inuit citizens came to play. They provided advice on implementation of obligations under section 3 of the Declaration Act, reviewed materials including cabinet submissions to ensure AG-staff were honoring voices and feedback provided by Indigenous partners during the consultation and cooperation of Bill 23. DAS staff navigated difficult conversations between AG-staff, policy decision makers, and Indigenous partners with an authenticity that routed their feedback on the best outcomes for First Nations, Métis, and Inuit in BC.”
Multiculturalism and Anti-Racism Branch, Ministry of Attorney General
Bill 25 Haida Nation Recognition Amendment Act (May 2024)
The first law of its kind in Canadian history, the Haida Nation Recognition Amendment Act enshrined the Province’s recognition of Haida Aboriginal title in the laws of B.C. and confirmed the Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement. The legislation supported the agreement’s implementation approach, which provided for a staged transition to Haida jurisdiction, while also protecting and maintaining private property rights and existing government services and infrastructure in Haida Gwaii.
The agreement and legislation were the culmination of more than two decades of dialogue and negotiation between the Haida Nation and the Province.
Over the next several years, the Council of the Haida Nation and the Province will work together and negotiate how provincial and Haida Nation laws can work together. Over the transition period, land and resource decisions will continue to be made through existing processes. Local governments, residents and others will have opportunities to have input in the discussions.
Bill 7 Social Development and Poverty Reduction Statutes Amendment Act (March 2024)
In March 2024, the Ministry of Social Development and Poverty Reduction introduced amendments to three acts:
- The Employment and Assistance Act;
- The Employment and Assistance for Persons with Disabilities Act; and
- The Poverty Reduction Strategy Act
The first two acts, which together govern income and disability assistance, had not been comprehensively updated since 2002. The new provisions focus on improving employment outcomes by:
- Changing employment requirements to better support individuals on income and disability assistance to find and maintain employment; and
- Introducing a new approach whereby people are assessed after they start receiving assistance, allowing for more tailored employment supports based on their current needs and readiness.
The amendments also included provisions to enable joint and consent-based decision-making agreements with Indigenous Governing Bodies (aligned with the Declaration Act sections 6 and 7) to support any future interest in shared decision-making under these two acts.
The legislative changes reflect feedback from more than 10,000 people – 70% of them with lived experience of poverty – gathered during B.C.’s public consultation in 2023. They also incorporate feedback received during distinctions-based consultation and co-operation with First Nations, including Modern Treaty Nations, Métis Nation BC, Indigenous partner organizations, and Indigenous people. The legislation supports action 4.15 of the Declaration Act Action Plan: Incorporate Indigenous experiences and knowledge of poverty and well-being into ongoing poverty reduction efforts and the 2024 Poverty Reduction Strategy. The strategy will recognize the ongoing impacts of colonialism and include Indigenous-identified actions and progress measures.
Interim Approach and Consultation and Co-operation Guidelines
“The Declaration Act Secretariat (DAS) was instrumental in the successful development, consultation, and introduction of Bill 23, the Anti-Racism Act. DAS worked with members of the AG-Multiculturalism and Anti-Racism Branch from the development of the policy intent, where their role was ensuring that AG-staff honoured commitments not only through consultation and cooperation but also actions committed in theme 3 of the Declaration Act Action Plan. DAS informed all the stages of legislative development of Bill 23. DAS played the role of intermediary when policy decisions affecting First Nations, Métis, and Inuit citizens came to play. They provided advice on implementation of obligations under section 3 of the Declaration Act, reviewed materials including cabinet submissions to ensure AG-staff were honoring voices and feedback provided by Indigenous partners during the consultation and cooperation of Bill 23. DAS staff navigated difficult conversations between AG-staff, policy decision makers, and Indigenous partners with an authenticity that routed their feedback on the best outcomes for First Nations, Métis, and Inuit in BC.”
Multiculturalism and Anti-Racism Branch, Ministry of Attorney General
During the 2024-2025 year, the Secretariat engaged in extensive work with Indigenous partners and ministries to co-develop additional internal guidelines on consultation and co-operation.
The need for additional guidance was identified through feedback from Indigenous partners and BC Public Service employees, during their work within the processes set out in the Interim Approach to Implement Requirements of Section 3 of the Declaration on the Rights of Indigenous Peoples Act (Interim Approach). The world-leading Interim Approach provides each ministry with clear, transparent processes for how they are to work with Indigenous Peoples when developing provincial laws. The feedback described the need for more resources and education to aid BC Public Service employees in applying the Interim Approach.
The Secretariat began co-development with Indigenous partners, including the First Nations Leadership Council, the Alliance of BC Modern Treaty Nations, and Métis Nation British Columbia. The additional guidelines were also discussed at cross-ministry committees and with key ministry executives.
The supplemental guidelines formalize advice the Secretariat provides to ministries. This advice is focused on operationalizing consultation and co-operation, and describes the key considerations ministries must take when engaging in consultation and co-operation through the stages of the Interim Approach.
The guidance and additional resources developed will support the BC Public Service in building a foundational understanding of consultation and co-operation in the UN Declaration. The Secretariat also began work to develop additional internal resources to support ministries, including a self-paced corporate learning course that will be available to BC Public Service employees.
The development of additional resources on consultation and co-operation aims to ensure all BC Public Service employees have consistent advice and guidelines needed to support their work. This is one of the ways the Secretariat is working to create new processes and systemic shifts needed to meet section 3 of the Declaration Act obligations.