BC Declaration on the Rights of Indigenous Peoples Act

Developed in collaboration with the First Nations Leadership Council at the direction of First Nations, the Declaration on the Rights of Indigenous Peoples Act creates a framework for reconciliation in B.C., in keeping with the Calls to Action of the Truth and Reconciliation Commission.

The Truth and Reconciliation Commission called on all governments in Canada to fully adopt and implement the UN Declaration as a framework for reconciliation.

  • The UN Declaration is a universal human rights instrument that includes 46 articles outlining the minimum standards for the survival, dignity and well-being of Indigenous peoples throughout the world.

  • The Truth and Reconciliation Commission Call to Action 43 asks municipal, provincial and federal governments to adopt and implement the UN Declaration.

If Bill 41 becomes law, all new laws in British Columbia will be aligned with the UN Declaration as new laws are drafted or old ones modified.

Additional elements of the bill include:

  • a requirement to develop an action plan to meet the objectives of the UN Declaration, in collaboration with Indigenous peoples;

  • annual public reporting to monitor progress;

  • discretion for new decision-making agreements between the Province and Indigenous governments where decisions directly affect Indigenous peoples and mechanisms exist in applicable legislation – with clear processes, administrative fairness and transparency; and

  • recognition for additional forms of Indigenous governments in agreement-making, such as multiple Nations working together as a collective, or hereditary governments – as determined and recognized by the citizens of the Nation.

To support self-determination and self-government, the act will enable the Province to recognize other forms of Indigenous governments in addition to federal Indian Act bands, treaty Nations and incorporated bodies and societies. This also provides more clarity for businesses and communities about who to engage when working with Indigenous partners.

The bill also gives government departments the authority to share decision-making with Indigenous governments, removing a significant roadblock to "free, prior and informed consent" as spelled out in the UN Declaration.