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Dispute resolution with First Nations

Last updated on July 9, 2024

 

On July 9, 2024, the Environmental Assessment Dispute Resolution Facilitators Regulation came into force. The regulation provides clear guidelines to support a process of dialogue and negotiation to build respectful relations between the EAO and First Nations. Read the news release for more information. 

Supporting reconciliation with First Nations is a key purpose of the Environmental Assessment Office. The EAO collaborates with First Nations throughout the assessment process and involves First Nations in the decision-making on projects that may affect them. 

The EAO seeks consensus with First Nations at key points in the environmental assessment process. There may be times at decision points within the environmental assessment process where, despite efforts of First Nations and the EAO to reach consensus, decisions are not aligned, and consensus is not reached. Dispute resolution is a tool to support consensus-seeking and building good relations between governments. It is a collaborative and principled process to resolve the dispute consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

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Under the Environmental Assessment Act, dispute resolution is available at key decision points in the environmental assessment process. An experienced, third-party facilitator may be appointed to help guide the EAO and participating First Nations when they are unable to reach consensus on their own.

The Environmental Assessment Act defines specific elements of dispute resolution, including who can use dispute resolution and the types of disputes that can go to a facilitator. The regulation defines the powers and obligations of facilitators. For example, this includes an obligation to support the parties to co-develop a customized facilitation process that gives due consideration to the customs, traditions and legal systems of First Nations, and a power to end a facilitation in certain circumstances under certain conditions.

The regulation is just one piece to support the implementation of dispute resolution. A broader framework of policy, guidance, and tools are needed to further support implementation. During the consult and cooperate process, the EAO heard a wealth of information beyond what could be captured in the regulation. That feedback will inform next steps in policy development.

 

The policy framework will aim to:

  • Be consistent with the UN Declaration on the Rights of Indigenous Peoples 
  • Support collaborative and principled resolution of disputes 
  • Create clarity, consistency, and predictability in the dispute resolution process
     

More information is forthcoming about additional opportunities to consult and cooperate on policy development, such as the development of an appointment process. 

Key information

To support consultation and the development of regulations, the EAO has developed tools that explore aspects of dispute resolution and next steps, including discussion topics for engagement and background information on the EAO’s interim approach to dispute resolution.

Experience using dispute resolution

Dispute resolution has been used twice since the Environmental Assessment Act came into force in 2019. In absence of a dispute resolution regulation, the EAO used an interim approach to dispute resolution, to guide the dispute resolution processes initiated while the regulation is under development.

Find additional dispute resolution documents on the EAO's Project Information Centre here.

Regulation development pathway 

To support the development of the dispute resolution regulation, the EAO held workshops in consultation and cooperation with First Nations and engagement sessions with industry representatives during summer 2023. Participants were invited to attend in-person or virtual meetings, and to submit written submissions.

Submissions from First Nations

Submissions from Industry

A What We Heard and Summary of Engagement report summarizes feedback that the EAO received from First Nations and industry through written submissions, workshops, and government-to-government meetings. 

Taking all the feedback that was received into account, the EAO worked with eight First Nations partners to co-develop the regulation. 
 

Dispute resolution regulation development pathway

Contact us

If you have questions or comments about dispute resolution, please get in touch at: EAO.DisputeResolution@gov.bc.ca.