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ARTICLE · 16 JUNE 2022

British Columbia And Tahltan Nation Enter Into Landmark Consent-based Decision-making Agreement

Osler, Hoskin & Harcourt LLP
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On June 6, 2022, the Tahltan Nation and the Province of British Columbia (the Province) entered into the first consent-based decision-making agreement (the Agreement) [PDF] negotiated under B.C.'s Declaration on the Rights of Indigenous Peoples Act (the Declaration Act).

CanadaEnvironment
Maureen Killoran
Maureen Killoran
Martin Ignasiak
Martin Ignasiak
Sander Duncanson
Sander Duncanson
Sean Sutherland
Sean Sutherland
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On June 6, 2022, the Tahltan Nation and the Province of British Columbia (the Province) entered into the first consent-based decision-making agreement (the Agreement) [PDF] negotiated under B.C.'s Declaration on the Rights of Indigenous Peoples Act (the Declaration Act). The landmark Agreement provides an important precedent for government, industry and First Nations as federal and provincial governments adopt and implement legislation incorporating consent-based decision-making in the project assessment and approval process.

Background

The Agreement provides for consent-based decision-making related to environmental assessment for the Eskay Creek Revitalization Project (the Project). The Project involves reopening the historic Eskay Creek gold and silver mine located on Tahltan Territory, which ceased operations in 2008. The Project remains subject to reviews under both provincial and federal environmental and impact assessment regimes, with the

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