Indigenous Implementation Committee Application (now closed)

Background

The Premier has directed the Minister of Environment and Climate Change Strategy (Minister) to revitalize the environmental assessment (EA) process “to ensure the legal right of First Nations are respected, and the public’s expectation of a strong transparent process is met.”

EA revitalization is intended to result in changes to EA legislation, regulations, policies and practices that meet three objectives:

1. Enhances public confidence and meaningful participation in all stages of EA, through a process that is robust, transparent, timely and predictable
2. Advances reconciliation by implementing the standards set out in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the Truth and Reconciliation Commission Calls to Actions, and the Tsilhqot’in decision in the context of EA
3. Protects the environment while offering clear pathways to sustainable project approvals, including by providing predictability of process, clarity of regulatory considerations and an opportunity for early indications of the likelihood of success

On November 27, 2018, EA legislation received royal assent. Legislation will be brought into force through regulation in late 2019, providing time for the development of necessary supporting regulations and policies.

The EAO is pursuing reconciliation with Indigenous peoples in British Columbia (B.C.) through its mandate to revitalize the EA process which includes implementation of the new Environmental Assessment Act (new Act). The new Act supports the implementation of UNDRIP. The new Act recognizes the inherent jurisdiction of Indigenous nations and their right to participate in decision making in matters that would affect their rights, through representatives chosen by them. The new Act sets specific procedures requiring collaboration with Indigenous nations in relation to reviewable projects and acknowledges Indigenous peoples’ rights recognized and affirmed by Section 35 of the Constitution Act, 1982 in the course of assessments and decision making. The Environmental Assessment Office (EAO) has been working with Indigenous nations at every step of the EA revitalization process to ensure that this work contributes to achieving government’s commitment to fully implement UNDRIP, consistent with the Draft Principles and Action 4, Goal 2, of the Concrete Actions under the BC-First Nations Leadership Committee Commitment Document. 

Mandate

The mandate of the Indigenous Implementation Committee (Committee) will provide advice and collaborate on a broad range of matters but will focus particularly on ensuring that the explicit requirements that concretely contribute to reconciliation are incorporated into the regulations and policies being developed by the EAO. 

The Indigenous Committee will be co-chaired by the EAO and an Indigenous Committee member of their choosing.  This Committee will develop their own terms of reference and workplan based on the list of regulations and areas of advice required to support the implementation of the new Act.  Anticipated areas of particular focus include Indigenous knowledge and dispute resolution, which are two areas in which the Committee will be offered a blank slate to begin their discussions.

Committee Membership

The Committee will be chaired by the EAO and be comprised of members with relevant professional and personal expertise and experience representing a broad range of interests related to the EA process and regions of the province.  

• First Nations Leadership Council are invited to nominate three representatives
• Other representatives will be selected following a broad expression of interest process, with a target of nine individuals representing regions of the province

Qualifications

The members of the Committee must be able to provide knowledgeable advice related to the mandate of the Committee on the basis of their relevant experience and/or specialized expertise.

Members must have substantial experience and knowledge regarding the unique rights, interests and circumstances of Indigenous nations.

In addition, members must have significant knowledge of, or experience with, at least one or more of the following:

• Impact assessment theory and/or practice (environmental assessment, social impact assessment, health impact assessment, economic impact assessment, cultural impact assessment, cumulative effects assessment, and/or gender-based assessment)
• Provincial, territorial, federal, international and/or indigenous environmental/impact assessment laws
• Indigenous knowledge systems
• Use of Indigenous knowledge together with other forms of evidence, including science, in studies or to inform decision making
• Indigenous-led assessments
• Indigenous law related to resource development and environmental management
• Natural resource development and key industry sectors (e.g. oil and gas, hydro-electricity, mining, etc.)
• Environmental monitoring
• Crown-Indigenous relations and reconciliation
• Best practices for Indigenous participation, collaboration, and partnership

Roles and responsibilities

Committee members will be expected to be available and prepared to participate in committee meetings. It is anticipated that the Committee will have an introductory meeting in June 2019, and will conduct its substantial work between June and July, 2019. Up to two monthly, full-day in-person meetings are anticipated to be held in Vancouver. Documents will be distributed one week prior to meetings for review to facilitate discussion. It is expected that Committee members will spend up to 8 hours per month preparing for Committee meetings.

Meeting dates are scheduled as follows:

• June 25
• July 10
• July 25
• Additional dates TBD, if needed

Remuneration

Committees members will be provided a remuneration of $250 per meeting ($125 per half day). In addition, all appointees will be reimbursed for transportation, accommodation, meals and out of pocket expenses incurred in the course of their duties as Committee members in accordance with the BC Government’s Core Policy.

How to Apply

The Committee has been formed, and applications are now closed. Applicants submitted:

• Letter of Interest (maximum of two pages), including information on:
  • How you meet the qualifications listed above
  • Why you are interested in being part of the Committee
  • How you will represent the interests of your community
  • Your relevant background and experience in EA
  • Connections and relationships with Indigenous nations in B.C.
• Curriculum vitae, including information on:
  • Relevant experience, expertise and professional credentials.

Selection Process

Applications were reviewed by a committee following the close of the call for nominations. The review process was followed by decisions on which applicants would be appointed as members.

The selection process included a detailed review of all applications received to ensure:

• Candidates meet the necessary qualifications
• The Committee is composed of the appropriate balance and range of expertise

Applicants selected as members were contacted by the EAO via email following the completion of the selection process to invite them to serve on the Committee.