Opposition is growing against legislation set for a final vote this week in Victoria, a bill that appears to give the province power to override the authority of municipalities and First Nations if a development is “designated as provincially significant”.
Bill 15, the Infrastructure Projects Act, was introduced in the legislature on May 1 with the aim of speeding up approvals for large developments in British Columbia, eliminating “unnecessary and costly delays,” said Premier David Eby.
The legislation is intended to move along vital public facilities like schools and hospitals, stated the province, as well as private sector projects “needed to drive economic growth”. Projects that are deemed to “create significant economic, social or environmental benefits for people in B.C.” would be reviewed more quickly through the province’s environmental assessment process, according to the Ministry of Infrastructure.
This comes amid alarms over how rhetoric from the US administration will damage Canada’s economy. President Donald Trump has pushed to severely tax Canadian exports – particularly lumber – as part of a tactic to encourage more manufacturing in the United States.
“At a time of uncertainty by Donald Trump’s tariffs, it’s more important than ever that we create more good-paying jobs by delivering the critical infrastructure projects people need – faster,” stated Eby when the legislation was introduced.
But certain municipalities and First Nations see Bill 15 as a threat to their decision making authority, as the legislation gives Eby’s cabinet “extraordinary power” to override local regulations, stated the Union of BC Municipalities. On May 22 the UBCM joined the First Nations Leadership Council in a call to withdraw the bill. The leadership council is composed of representation from the Union of BC Indian Chiefs, the First Nations Summit and the B.C. Assembly of First Nations.
These parties recently discussed the legislation with Eby and Minister of Infrastructure Bowin Ma, but the province remains steadfast in passing the law through this spring. The Conservatives and Green Party have also opposed Bill 15, but with a slim NDP majority in the legislature, the act has passed through successive readings this month with a final vote expected Wednesday, May 28 – the day before MLAs break for the summer.
First Nations leaders contend that the bill threatens the path set by the Declaration on the Rights of Indigenous Peoples Act. Adopted by Victoria in 2019, DRIPA sets to align B.C.’s laws with the internationally recognized United Nations Declaration on the Rights of Indigenous Peoples.
“I cannot overstate the serious setback and harm these actions have on the years of hard work, the integrity of [DRIPA], and the future of reconciliation,” stated Terry Teegee, regional chief of the BC Assembly of First Nations. “Nothing short of repeal would be acceptable or serious amendments need to be made!”
Judith Sayers, president of the Nuu-chah-nulth Tribal Council, sees Bill 15 as a step backward for the NDP government, which has demonstrated a collaborative approve with First Nations in the recent development of a law to better protect elements of heritage.
“B.C. knows how to put in place legislation that is Indigenous co-developed, as they are doing with the Heritage Conservation Act. Why not this act?” asked Sayers. “Things done in a rush will backfire on provincial government - First Nation relationships, reconciliation and all the work done to date on UNDRIP.”
The province has said that it will ensure projects get “robust environmental reviews and consultations with First Nations”. But contained in the pending legislation it states that the minister of Infrastructure could intervene and grant “alternative authorizations” to push a project forward if it’s mired in delays.
“The province is saying ‘trust us’ and that they won’t misuse the unfettered power these bills provide,” stated Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs. “However, considering the bills were created without consultation and cooperation and that the province continues to refuse any amendments, it is unclear what this trust would be based on.”
Bill 14 has also attracted criticism from those who fear a movement to centralize power in British Columbia is underway. The Renewable Energy (Streamlined Permitting) Act aims to remove red tape delays by expanding the authority of the B.C. Energy Regulator.
This follows past comments from Adrian Dix, minster of Energy and Climate Solutions, that at times the permitting process in B.C. has taken longer than the construction of a project. At the First Nations Energy Summit in December Dix stressed the urgency of building renewable power sources, comments that came days after the province entered into purchase agreements with nine upcoming wind-generating projects. These projects – eight of which are majority owned by Indigenous groups – are not being subjected to environmental assessments. This also applies to all future wind projects in B.C., according to a Dec. 9 press release from the Ministry of Energy and Climate Solutions.
More power generation will be needed in the coming years, according to BC Hydro. Its 10-year capital plan predicts that 15 per cent more electricity will need to be generated by 2030 to meet rising demand from increasingly common items like electric cars and household heat pumps.
