Introduction
The government of British Columbia is trying to pass Bill 15, the Infrastructure Projects Act, by the end of May 2025.
The proposed legislation would empower BC's NDP government to expedite major infrastructure projects, allowing governmental and private actors to sidestep regulatory and permitting requirements. Thanks to Bill 15, projects such as the construction of housing, mines, and pipelines could be given BC's rubber stamp of approval.
By granting the province wide discretion to move projects along, Bill 15 has the potential to negatively impact Indigenous rights and sovereignty. Bill 15 was created in response to American tariff measures, without meaningful consultation and cooperation with Indigenous peoples.1 The proposed legislation contemplates expediting projects led by Indigenous partners, but in the same gesture it erodes meaningful consultation.
Following criticism that the BC NDP was "backsliding" on its legislated commitments to reconciliation, Premier David Eby apologized in person to the First Nations Leadership Council.2 Eby has promised that no infrastructure projects will be built without consent from, and financial benefits for, First Nations.3 But no such guarantee exists in the proposed legislation.
How the Proposed Law Works
Under the proposed Infrastructure Projects Act, the Minister of Infrastructure and the Lieutenant Governor in Council could designate projects as "provincially significant."4 The Minister could then require regulators to prioritize those projects and issue permits and certificates to push the projects along.5 In effect, Bill 15 allows entities leading projects deemed "provincially significant" to skip the line and avoid consulting with Indigenous peoples.
Bill 15 also threatens to disrupt established requirements for moving forward with a project. The Lieutenant Governor in Council could waive or modify statutory requirements relating to land use, planning, and permitting, as well as create measures to replace "constraints" that would impede a project.6 "Constraints" are loosely defined in the Bill as measures that could impede or interfere with the completion or operations of an infrastructure project. This opens the door for project proponents to frame requirements to consult with Indigenous peoples as "constraints."
But Indigenous rights are not a "constraint"—they are an essential part of the process of reconciliation and a constitutional requirement.
The proposed legislation has faced criticism from Indigenous leaders, environmental organizations, the Union of BC Municipalities, as well as the BC Green Party and the BC Conservatives. The First Nations Leadership Council has called for the government to repeal the Bill, warning that the proposed legislation risks watering down permitting and environmental assessment processes without First Nations input.7
Implications for Indigenous Communities
At this time, little is known about what kinds of projects will be designated as "provincially significant," as the criteria have yet to be developed. The meaning of key terms and procedures will be established through regulations.
Given the lack of detail in the proposed legislation, the provincial government could continually expand the types of projects that are expedited, to the detriment of Indigenous interests and the government's constitutional obligation to consult and accommodate Indigenous peoples.8
In an attempt to shield itself from such criticism, the BC NDP drafted Bill 15 in a way that theoretically prevents the provincial government from waiving or replacing "constraints" relating to laws and regulations respecting engagement with Indigenous peoples, as defined in the Declaration on the Rights of Indigenous Peoples Act (DRIPA).9 In other words, the BC NDP says that it will not use Bill 15 to sidestep its obligations under DRIPA, legislation that affirms the United Nations Declaration on the Rights of Indigenous Peoples, which calls for obtaining Free, Prior and Informed Consent from Indigenous peoples.
BC's Premier insists that his government will not use Bill 15 to expedite pipelines and liquefied natural gas projects, citing Indigenous support and participation as key and core constitutional requirements for approving any project.10 Yet clean energy and critical mineral mines are among the BC NDP's top priorities.11
Bill 15 raises concerns about BC's compliance with the constitution and its legal commitments to respect Indigenous peoples. The BC NDP is ultimately seeking to expedite infrastructure projects to the detriment of Indigenous rights and sovereignty.
Former federal Justice Minister and Attorney General Jody Wilson-Raybould has said that Bill 15 will lead to more lawsuits, uncertainty, and poorer economic and environmental outcomes.12
As the legislature continues to debate Bill 15, the criticism voiced by Indigenous leaders highlights the legal importance of meaningful consultation with Indigenous peoples. Over the next coming weeks, we will discuss in more detail how the Bill interacts with DRIPA and the legal implications for Indigenous peoples.
Footnotes
1 Union of British Columbia Indian Chiefs, "Kill the Bill: First Nations Call on B.C. Government to Immediately Withdraw Bill 14 and Bill 15" (15 May 2025), online: www.ubcic.bc.ca.
2 Justine Hunter, "BC won't fast-track projects without First Nations' ownership, Premier says" (11 May 2025), online: www.theglobeandmail.com/.
3 Ibid.
4 Bill 15, Infrastructure Projects Act, 1st Sess, 43rd Parl, 2025, cl 4(1)(b) (second reading 13 May 2025).
5 Bill 15, supra note 4 at cl 7(2), 8(2).
6 Bill 15, supra note 4 at cl 9(3), 18(1)-(2).
7 Union of British Columbia Indian Chiefs, "FNLC Questions Regressive, Conflated Infrastructure Projects Act; Alarmed by Province's Backsliding on Reconciliation Efforts" (6 May 2025) online, www.ubcic.bc.ca./www.ubcic.bc.ca
8 Haida Nation v British Columbia (Minister of Forests), 2004 SCC 73, [2004] 3 SCR 511.
9 Bill 15, supra note 4 at cl 20; Declaration on the Rights of Indigenous Peoples Act, SBC 2019, c 44.
10 Justine Hunter, supra note 2.
11 Justine Hunter, supra note 2.
12 Jody Wilson-Raybould, "Having read BC's Bill 15 which purports to 'fast-track' projects..." (1 May 2025), online: x.com.
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