Things are moving quickly with the B.C. government poised to amend the Land Act with the aim of sharing land-use decision-making with First Nations.

There was a two-month window left as of Jan. 31 for the public to weigh in on proposed legislative changes coming from the Ministry of Water, Land, Resource Stewardship.

B次元官网网址淭he Province wants to know your thoughts on sharing public land use decision-making,B次元官网网址� according to the on the Land Act.

If approved it will mark a significant shift in the way B.C. does business, particularly those needing authorization to use Crown land in terms of agriculture, communication towers, hydro power projects and more.

It has implications for the Chilliwack area in particular where there are at least 10 First Nations representing St贸:l艒 communities and people, as well as hundreds of agricultural operations, and other potentially impacted businesses.

The Land Act allows for access and use of public land under 25 separate programs, and the provincial minister identified as responsible for the Land Act is the sole decision-maker under the act. That would change if the amendments are approved later this year.

A headline from a Jan. 24 post from the Vancouver law office of McMillan LLP reads: B次元官网网址淏C Government consulting on new law to give Indigenous groups control over Crown land decisions.B次元官网网址�

The post calls the proposal B次元官网网址渦nprecedented and of profound importance.B次元官网网址� It could impact any entities using Crown land for grazing leases, mining leases, licenses of occupation, dock permits, rights of way etc.

Ministry of Water, Land, Resource Stewardship is preparing amendments to be introduced in the legislature by late spring 2024 that will enable agreements to share decision-making about public land use.

The underpinning for this direction is spelled out on the provinceB次元官网网址檚 web page about the Land Act proposal. The 2019 Declaration on the Rights of Indigenous Peoples Act (DRIPA), the provinceB次元官网网址檚 framework for reconciliation will be the guiding framework. So itB次元官网网址檚 the declaration that will allow the province to enter into agreements with Indigenous governments to share decision-making on the use of public land together in this way.

B次元官网网址淗owever, amendments to pre-existing legislation (like the Land Act) are required to make this happen.B次元官网网址�

The First Nations Leadership Council (FNLC) offered comments on the Land Act amendments on Feb. 1, after seeing some B次元官网网址渋naccurate, regressiveB次元官网网址� takes such as the suggestion of a B次元官网网址渧etoB次元官网网址� being offered:

B次元官网网址淭he proposed Land Act amendments are a critical next step for the Province (of B.C.) in fulfilling its commitments under the Declaration Act and to align its decision-making processes with the UN Declaration and FNLC supports the ProvinceB次元官网网址檚 work in this regard,B次元官网网址� the council said.

B次元官网网址淭he amendments will allow the Province to negotiate decision-making agreements with First Nations under the Land Act in the future. Any agreements that are negotiated will be subject to the public engagement processes mandated under the Declaration Act.

B次元官网网址淐ontrary to comments that have been made about the proposed Land Act amendments, they will not grant a B次元官网网址榲etoB次元官网网址� to First Nations governments, and they will not immediately alter the existing land tenure system in British Columbia.

B次元官网网址淩ather, they will make space for the recognition and implementation of First NationsB次元官网网址� unceded governance rights in relation to land and resource development in their territories B次元官网网址� through negotiation and agreement with the Province in accordance with the Declaration Act B次元官网网址� rights which have been largely ignored by colonial governments for the last century and a half.B次元官网网址�

An online EngageBC site will be open until March 31 to take written comments from the public on the proposed changes to the Land Act.

For comments and input: