By Stephanie Axmann, Craig Empson, Candace Charlie and Emmaline English
In a significant retreat from its commitment to reconciliation and the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the British Columbia provincial government recently tabled two controversial bills: Bill 14, the Renewable Energy Projects (Streamlined Permitting) Act, and Bill 15, the Infrastructure Projects Act.
Below is an overview of the Bills and some primary concerns. For more information, our full analysis can be found here: 2025-05-28 BC Bills 14 and 15 A Setback for Indigenous Rights and Reconciliation.
Overview of Bills 14 and 15
Bill 14 aims to streamline the regulatory approval process for renewable energy projects by expanding the authority of the British Columbia Energy Regulator (BCER). It also exempts certain wind and electricity line projects from environmental assessment.[1]
Bill 15 proposes to streamline regulatory processes for “provincially significant” infrastructure projects. It grants substantial discretionary powers to Cabinet and the Minister of Infrastructure, allowing them to expedite the review and approval processes for these projects.[2]
Criticisms and Concerns
Bills 14 and 15 have significant potential to hinder meaningful consultation between the Crown and Indigenous nations on major energy and infrastructure projects. By exempting certain projects from environmental assessment and streamlining approval processes, these bills limit Indigenous oversight and increase the risk of harm to Indigenous lands and rights.
Bill 14’s exemption of certain projects from environmental assessments is particularly troubling. The Environmental Assessment Act (EAA) provides important procedural safeguards for Indigenous rights, including clear opportunities for Indigenous groups to participate in decision-making and in the assessment of environmental, social, and cultural impacts.[3] By exempting certain projects from the EAA, Bill 14 lowers the assessment standard for these projects as they relate to Indigenous rights.
Similarly, Bill 15 would allow Cabinet and the Minister to expedite the environmental assessment process, to impose conditions and timelines on the issuance of permits, and to replace “constraints” affecting designated projects. This will further limit Indigenous oversight and meaningful consultation.[4] Indigenous nations need sufficient time and capacity to assess and respond to project applications, and these fast-tracked processes undermine their ability to do so effectively.
Lack of Consultation and Backsliding on DRIPA
The development of Bills 14 and 15 has violated the requirements of the Declaration on the Rights of Indigenous Peoples Act (DRIPA) and the Interim Approach to Implementing the Requirements of Section 3 of DRIPA (Interim Approach). The process has been unjustifiably rushed, and the Province has not allowed adequate time or opportunity for Indigenous groups to engage meaningfully on the bills.
Premier Eby has indicated that he does not intend to revise or delay passage of the bills, despite broad opposition and concerns raised by many First Nations across BC. The Province has failed to provide any assessment as to what makes such projects so ‘critical’ now, and how its own priorities in this moment are sufficient justification to override the legislative and constitutional protections of Indigenous groups, especially given that the Bills do not include timeframes to return to the status quo for project approvals.
Conclusion
The provincial government’s decision to rush Bills 14 and 15 through the Legislature marks a substantial departure from its previous commitments to further reconciliation and protect Indigenous rights. By sidestepping the Interim Approach and DRIPA in the development of these bills, the Province is demonstrating that its commitment to protecting and respecting Indigenous rights is conditional and contingent on external geopolitical and economic pressures.
In the coming weeks and months, Woodward & Co. Lawyers LLP will monitor these bills and the development of the corresponding regulations, including the extent to which Indigenous nations are consulted. If your Nation has questions or requires assistance in navigating challenges arising from these bills, we are available to provide support.
[1] Bill 14, s 14.
[2] Bill 15, s 4.
[3] Environmental Assessment Act, SBC 2018, c 51.
[4] Bill 15, ss 12, 18 – 20.