British Columbia has introduced amendments to the Environmental Assessment Act aimed at improving transparency, predictability, and early issue resolution in project reviews, with a renewed emphasis on collaboration with First Nations.
The proposed changes focus on refining how concerns raised by Indigenous communities are identified and addressed during environmental assessments, an effort the province says will support responsible resource development while upholding Indigenous rights and interests.
Introduced in 2018 and brought into force in December 2019, the Act established new mechanisms to ensure First Nations play a meaningful role in environmental decision-making. The latest amendments build on that framework by enhancing dispute resolution tools and creating earlier pathways to consensus.
Central to the update is the development of a new issues resolution protocol, to be co-developed with B.C. First Nations. The protocol is intended to provide a structured, collaborative approach to identifying, escalating, and resolving concerns throughout the assessment process. By addressing issues earlier, the province aims to reduce reliance on formal dispute resolution mechanisms.
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Currently, the Act allows for dispute resolution, including the use of a third-party facilitator, when consensus cannot be reached at key milestones. While designed to support reconciliation and improve timelines, officials say updates are needed to better achieve those goals. The revised framework will continue to allow dispute resolution in early stages by mutual agreement but will prioritize early-stage consensus-building.
The new protocol will also remain available through later phases of project review, including stages where formal dispute resolution is no longer an option, providing continuity in how issues are managed.
The amendments were shaped through consultation and co-operation with 42 First Nations, four Indigenous governing bodies, and two First Nations organizations, alongside engagement with industry representatives and project proponents.
Additional changes clarify how the province will consult with U.S.-based Indigenous groups. In alignment with the R. v. Desautel decision by the Supreme Court of Canada, British Columbia will continue to consult U.S. Tribes that assert Aboriginal rights in Canada through a common-law framework, rather than the Act’s formal process for participating Indigenous nations.
Officials say this distinction ensures the Province meets its constitutional obligations while maintaining clarity in assessment procedures.
The amendments form part of a broader legislated review of the Environmental Assessment Act, launched in 2024 to evaluate its effectiveness. Future areas of review include regulatory predictability, process timelines, First Nations participation and decision-making, and project review criteria.
Since 2022, the Environmental Assessment Office — a neutral regulator responsible for reviewing major projects — has conducted 11 dispute-resolution processes across three project assessments, highlighting both the importance and frequency of issue resolution within the current system.
The province says the proposed changes are intended to create a more efficient, fair, and predictable environmental assessment process for all participants.
The B.C. Environmental Assessment Office released a discussion paper and began engaging in March 2026 on a proposed expedited environmental assessment process. The Infrastructure Projects Act requires an expedited process for projects designated as provincially significant or in the public interest. Input on the expedited process will also inform the review of the Environmental Assessment Act more broadly.
Engagement with First Nations, local governments, industry, the public and other participants in environmental assessments is expected to take place throughout spring 2026. Opportunities for input include a survey for members of the public, dedicated engagement sessions and one-on-one meetings, and written submissions.
Members of the public are invited to submit feedback on the expedited process here: engage.eao.gov.bc.ca/xEA
First Nations and other groups and organizations that would like to provide a written submission can send it to: eao.ActReview@gov.bc.ca
