B.C. walks back Land Act amendments, says further engagement needed to show ‘real benefits’

The B.C. government is putting a stop to proposed changes to its Land Act that would have given Indigenous groups more autonomy in public land agreements.

The province says the halt to changes came from the feedback it received, including the need to “further engage with people and demonstrate the real benefits of shared decision-making in action.”

“We want to get this right and move forward together,” said Nathan Cullen, minister of water, land, and resource stewardship.

The amendments, which would also have aligned the act with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), had come under scrutiny. Critics included BC Conservative Leader John Rustad, who called them “an assault on your private property rights and your water access.”

“Over the past several weeks, I have had the opportunity to discuss proposed amendments to the Land Act with over 650 representatives of stakeholder groups representing tens of thousands of British Columbians, from mining, forestry, oil and gas and clean energy, cattle ranchers, to adventure tourism operators, snowmobilers, hunters and anglers, and many others,” Cullen said in a statement.

“From the very beginning of this process, I promised that we would listen and take the time to get any changes right. That our focus was to make it easier to work together with First Nations and provide more opportunities for better jobs and a stronger future.

“In conversations with these groups, many were surprised to learn that the claims being made about the proposed legislation by some were not true and that there would be no impacts to tenures, renewals, private properties or access to Crown land,” Cullen continued, referencing false claims that First Nations in the province would have a “veto” power to determine how Crown land is used.

“Some figures have gone to extremes to knowingly mislead the public about what the proposed legislation would do. They have sought to divide communities and spread hurt and distrust. They wish to cling to an approach that leads only to the division, court battles, and uncertainty that have held us back,” he said.

The amendments were introduced under the guise that the province would be able to negotiate agreements with First Nations and Indigenous governments and “begin sharing decision-making on public land use” come spring.

According to the government, the proposed amendments also sought to: Help the province, First Nations, communities, industry, and the public work together, where interests are aligned, with a focus on large resource projects or strategic level planning to deliver economic opportunities; Update the act so that it legally recognizes the ability to create shared decision-making agreements, as has already been done in the Environmental Assessment Act, and the Forest & Range Practices Act; and “move us toward respectful partnerships that foster predictability, good jobs and opportunities, while respecting the rights of First Nations.”

Cullen went on to say that throughout the conversations the province had with stakeholders, “the vast majority” said they want “reconciliation to work.”

“We will continue to engage with people and businesses, and do the work to show how working together, First Nations and non-First Nations, can help bring stability and predictability, and move us all forward,” the minister explained.