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2 months to comment on B.C. plan to give Crown land decision-making to First Nations

Proposed Land Act amendments are sa国际传媒榗ritical next step,sa国际传媒 for B.C. says First Nations Leadership Council
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The Fraser River looking west over Chilliwack on Sept. 9, 2021. (Jenna Hauck/ Chilliwack Progress file)

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.

sa国际传媒淭he Province wants to know your thoughts on sharing public land use decision-making,sa国际传媒 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.

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Proposed changes to the Land Act explained. (EngageBC)

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: sa国际传媒淏C Government consulting on new law to give Indigenous groups control over Crown land decisions.sa国际传媒

The post calls the proposal sa国际传媒渦nprecedented and of profound importance.sa国际传媒 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 provincesa国际传媒檚 web page about the Land Act proposal. The 2019 Declaration on the Rights of Indigenous Peoples Act (DRIPA), the provincesa国际传媒檚 framework for reconciliation will be the guiding framework. So itsa国际传媒檚 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.

sa国际传媒淗owever, amendments to pre-existing legislation (like the Land Act) are required to make this happen.sa国际传媒

The First Nations Leadership Council (FNLC) offered comments on the Land Act amendments on Feb. 1, after seeing some sa国际传媒渋naccurate, regressivesa国际传媒 takes such as the suggestion of a sa国际传媒渧etosa国际传媒 being offered:

sa国际传媒淭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 Provincesa国际传媒檚 work in this regard,sa国际传媒 the council said.

sa国际传媒淭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.

sa国际传媒淐ontrary to comments that have been made about the proposed Land Act amendments, they will not grant a sa国际传媒榲etosa国际传媒 to First Nations governments, and they will not immediately alter the existing land tenure system in British Columbia.

sa国际传媒淩ather, they will make space for the recognition and implementation of First Nationssa国际传媒 unceded governance rights in relation to land and resource development in their territories sa国际传媒 through negotiation and agreement with the Province in accordance with the Declaration Act sa国际传媒 rights which have been largely ignored by colonial governments for the last century and a half.sa国际传媒

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:

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Jennifer Feinberg

About the Author: Jennifer Feinberg

I have been a Chilliwack Progress reporter for 20+ years, covering city hall, Indigenous, business, and climate change stories.
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