British Columbia’s NDP government is facing more pushback on legislation aimed at fast-tracking major projects in the province.
First Nations and municipal leaders joined together on Thursday to call for the government to withdraw Bill 15, the Infrastructure Projects Act, which would grant cabinet new powers to expedite “provincially significant” projects.
At a joint press conference, the First Nations Leadership Council and the Union of BC Municipalities said they hadn’t been sufficiently consulted on the bill.
The legislation, as drafted, conflicts with the government’s obligations under the UN Declaration on the Rights of Indigenous Peoples while granting the province “extraordinary powers” to override local government regulations, including zoning bylaws and official community plans, the groups said.
Union of British Columbia Municipalities president Trish Mandewo said that municipalities welcome the province’s focus on speeding up housing construction.
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“But not through transferring power from communities to Victoria,” she said.
“The provisions in Bill 15 constitute an unnecessary overreach by the province into local decision-making.”
Grand Chief Stewart Phillip, president of the Union of BC Indian Chiefs, said Bill 15 and the similar Bill 14, which aims to streamline renewable energy project approvals, defy the province’s stated commitment to reconciliation with Indigenous peoples.
“First Nations are not opposed to responsible development, and we understand the need to expedite the approval and construction of hospitals, schools, and other critical infrastructure,” he said.
“But Bills 14 and 15 go well beyond that, and the process that led to their development flouted First Nations’ basic human rights and the province’s own law, policy, and processes. There’s only one way forward: the province must withdraw the bills as currently drafted, and we must work on principled solutions to the myriad of crises we face together.”
B.C. Infrastructure Minister Bowinn Ma has previously admitted that the province “made an error” in not adequately consulting First Nations on Bill 15.
But the provincial government has rejected criticism from First Nations and environmental groups, saying the bill does not change environmental standards or affect First Nations’ constitutional right to consultation on projects.
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Speaking after the Western Premiers’ Conference in Yellowknife on Thursday, B.C. Premier David Eby insisted Indigenous rights will be respected under the legislation.
“This bill is one that will require the support of Indigenous nations whose core territory the private projects are on if that property is private property and Crown land — that’s just the reality in British Columbia; you can’t fast-track projects over indigenous objections, so it is about partnership,” he said.
He added he was surprised to hear municipal leaders come out against the bill in the same week as Deloitte’s report calling for an overhaul of Metro Vancouver’s bloated governance structure and “the urgent need for additional support for municipalities on complex and challenging projects, to deliver them effectively, efficiently and promptly.”
“It’s not acceptable for British Columbians to wait for schools and hospitals and critical infrastructure because of red tape and delaym, and it’s actually the mayors themselves who have been pressing the government and saying, like, we have to amend our official community plan but can you just go ahead an build this school in our community,” Eby said.
“That’s what this bill is about. It’s about delivering for the mayors, it’s for delivering for the Indigenous rights and title holders.”
The Opposition BC Conservatives have called for the province to pull the bill to allow for more consultation, while the BC Greens say they will not support the bill.
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