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Indigenous nation guidance

Last updated on January 25, 2024

This is a collection of resources specifically tailored to assist Indigenous nations to participate in the environmental assessment Process. These materials are relevant to projects undergoing an environmental assessment.

An overview of the Environmental Assessment Process is available here.

On this page, you'll find:

Indigenous nation participation in the environmental assessment process

Under the environmental assessment process, the Environmental Assessment Office will seek consensus with participating Indigenous nations throughout the process. Indigenous nations will also be invited to provide notice of consent near the conclusion of the environmental assessment process. Click the image below for a larger view of the new process.

           The Environmental Assessment process timeline image   


Resources related to Indigenous nation participation

The following documents relate to Indigenous nation participation in the environmental assessment process under the Environmental Assessment Act, and have been assembled for convenience. All policies, guides and regulations on environmental assessments in B.C. (including those listed below) is available on the regulation and agreements page.

General information

The User Guide provides an overview of the entire environmental assessment process and is a good place to start detailed learning about the environmental assessment process.

Provides clarity regarding consensus-seeking obligations during the environmental assessment process. This guidance will support EAO staff and participating Indigenous nations in undertaking an effective and transparent approach to consensus seeking throughout the environmental assessment process.

The EAO is required to use the best available science, Indigenous knowledge and local knowledge in decision making under the Environmental Assessment Act. This guidance is for environmental assessment participants regarding the inclusion of Indigenous knowledge in the environmental assessment process with key guiding principles, requirements regarding confidentiality and the opportunities for consideration of Indigenous knowledge at different stages of the environmental assessment process. The guide was developed in collaboration with the Indigenous Implementation Committee and is meant to be complementary to any specific guidelines and policies that Indigenous nations may have regarding the use of their own Indigenous knowledge.

Information by phase of the environmental assessment process

Early engagement

The early engagement phase is the start of the regulatory process with the Environmental Assessment Office and provides an opportunity for all participants to better understand the project and establish a foundation for the rest of the environmental assessment. Early engagement is an important preparatory phase where meaningful conversations among participants begin about the proposed project to identify engagement approaches, potential interests, issues, and concerns early in the environmental assessment process and chart a path for resolution. Indigenous nations interested in participating in the environmental assessment process as participating Indigenous nations must provide notice during early engagement. The EAO begins working with participating Indigenous nations to identify interests in the project area and customize consensus seeking approaches with each nation for the rest of the environmental assessment process.

Readiness decision

A decision will be made on whether a project should proceed to an environmental assessment during the readiness decision. Occasionally, a project may be terminated or exempted from an environmental assessment, by a Minister’s decision. The EAO will be seeking consensus with Indigenous nations regarding readiness decision recommendations. Participating Indigenous nations have an opportunity to provide a notice of their consent or lack of consent if the recommendation is to exempt or terminate the project from the environmental assessment process.

Process planning

Process planning formalizes how the environmental assessment must be carried out, including identifying the required information, defining who does what, when, and how, and determining how participants work together for the rest of the environmental assessment and future engagement approaches (including public engagement)​

Effects assessment

​An effects assessment of the project is conducted, resulting in the development of a draft assessment report and draft environmental assessment certificate with conditions. These drafts reflect engagement with participating Indigenous Nations, the Technical Advisory Committee, and the Community Advisory Committee. Participating Indigenous nations have the opportunity to conduct the assessment on their nation and their s.35 rights themselves if they choose. Recommendations to inform Provincial decision-makers are also prepared. Participating Indigenous nations have the opportunity to provide notice of their consent or lack of consent on the recommendation to Provincial decision-makers. If the recommendation does not align with a notice of consent or lack of consent, Ministers must offer a meeting to that participating Indigenous nation. Ministers can decide to issue a certificate, or refuse to issue a certificate, and are required to publish reasons for their decision. If the Ministers’ decision does not align with the notice of consent or lack of consent, reasons must be provided.

Post-certificate

​If an environmental assessment certificate is issued, post-certificate activities include mitigation effectiveness reports and may include audits, certificate amendments, extensions, and transfers. The compliance & enforcement branch of the EAO conducts compliance inspections of regulated parties and projects, and, where required, uses enforcement to ensure that projects are designed, built, operated, and decommissioned or reclaimed in compliance with the legally binding requirements of the Act, its regulations and any environmental assessment certificates or exemption order.

Regulations of potential interest to Indigenous nations

Reviewable Projects Regulation

This regulation sets out the criteria for determining which projects should be reviewable and required to undergo an environmental assessment. The following resources are also available:

Dispute Resolution Regulation

The Dispute Resolution Regulation sets out the way in which the EAO and participating Indigenous nations will resolve issues while seeking to achieve consensus in the environmental assessment process. Visit the Dispute Resolution page for more information.

Capacity Funding Tariff

The Indigenous Capacity Funding regulation sets out the required amounts, funding sources, timing and distribution of capacity funding to support Indigenous nations participating in the Environmental Assessment process.

Regional and Strategic Environmental Assessments Regulation

The Regional Environmental Assessment Regulation complements (not duplicates) provincial monitoring, land use planning, and cumulative effects assessment initiatives. When directed by the Minister, targeted regional assessments can be used to fill information gaps and provide recommendations for future project-specific environmental assessments in that region. The Minister will be enabled to enter into agreements with other agencies or jurisdictions, including Indigenous nations, in relation to developing, undertaking and implementing a regional assessment.

The full list of regulations is available here.