Declaration on the Rights of Indigenous Peoples Act

(1) In this Act:

(2) For the purposes of this Act, the government must consider the diversity of the Indigenous peoples in British Columbia, including but not limited to the diversity of their distinct languages, cultures, customs, practices, rights, legal traditions, institutions, governance structures, relationships to territories and knowledge systems.

(3) For certainty, nothing in this Act, nor anything done under this Act, abrogates or derogates from the rights recognized and affirmed by section 35 of the Constitution Act, 1982.

(4) For certainty, nothing in this Act is to be construed as delaying the application of the Declaration to the laws of British Columbia.

1. to affirm the application of the Declaration to the laws of British Columbia;
2. to contribute to the implementation of the Declaration;
3. to support the affirmation and development of relationships with Indigenous governing bodies.

(1) In consultation and cooperation with the Indigenous peoples in British Columbia, the government must prepare and implement an action plan to achieve the objectives of the Declaration.

(2) The action plan must include a date for its review.

(3) As soon as practicable after the action plan has been prepared, the minister must lay it before the Legislative Assembly if the Legislative Assembly is then sitting, or file it with the Clerk of the Legislative Assembly if the Legislative Assembly is not sitting.

(4) After a review of the action plan, the government may prepare an updated action plan, and subsections (1) to (3) apply to the preparation of the updated action plan.

(1) The minister must prepare an annual report, in consultation and cooperation with the Indigenous peoples in British Columbia, respecting the measures taken under section 3 and the progress made in achieving the objectives of the action plan.

(2) The annual report must relate to the fiscal year that ends on March 31 preceding the annual report.

(3) On or before June 30 after the end of the fiscal year, the minister must lay the report before the Legislative Assembly if the Legislative Assembly is then sitting, or file it with the Clerk of the Legislative Assembly if the Legislative Assembly is not sitting.

(1) The Lieutenant Governor in Council may authorize a member of the Executive Council who is negotiating an agreement referred to in section 6 to enter into an agreement that provides for

1. the joint exercise of a statutory power of decision with an Indigenous governing body, or
2. the consent of an Indigenous governing body before the exercise of a statutory power of decision.

(2) Subject to subsection (3), a member of the Executive Council who is authorized to negotiate an agreement under subsection (1) may enter into that agreement on behalf of the government.

(3) The authorization under subsection (1) may restrict the member to negotiating an agreement, and not entering into that agreement.

(4) Within 15 days after authorization under subsection (1), the member must make public the consultations the member intends to carry out before entering into the agreement.

(5) An agreement entered into under subsection (2) must be published in the Gazette and takes effect on the date the agreement is published, or on a later date specified in the agreement.

(6) If an agreement entered into under subsection (2) is amended, subsection (5) applies to the amendment.

[Royal Assent: November 28, 2019]