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ARTICLE · 15 NOVEMBER 2018

Government Of British Columbia Introduces Indigenous Consent Requirement For Major Projects

Blake, Cassels & Graydon LLP
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Bill 51 is the current result of this process.

CanadaGovernment, Public Sector
Sam Adkins
Sam Adkins
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On November 5, 2018, the B.C. government introduced Bill 51 – 2018: Environmental Assessment Act (Bill 51), which looks to replace the province's current Environmental Assessment Act. Bill 51 proposes a dramatic shift in the project approval process in B.C. that, if passed, would create consent-based participation rights for Indigenous peoples.

BACKGROUND

On March 7, 2018, the B.C. government announced a revitalization of the B.C. environmental assessment (EA) process. As part of this announcement, the government indicated that one of its objectives was to advance reconciliation with Indigenous people, including contributing to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

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