A recent court decision has prompted a closer look at provincial legislation relating to dialogue between local governments and first nations during the development of official community plans (OCP).
During a Powell River Regional District planning committee meeting, regional board members reviewed a report from Laura Roddan, manager of planning services, regarding a local government law seminar held recently.
Roddan’s report noted the importance of “early and ongoing consultation” with first nations during OCP development.
Electoral Area A OCP is in the process of being prepared. Area A and Tla’amin (Sliammon) Nation lands border each other throughout the region.
Roddan told the committee that she has had dialogue with staff at Tla’amin from the beginning of the regional district’s Area A OCP planning process. Tla’amin is running a concurrent planning process and the Tla’amin land use plan is for all of the treaty settlement lands.
“It hasn’t been adopted by their council yet,” she said. “We have Sliammon’s interests outlined in the draft Area A OCP but I think there is going to have to be more consultation once a draft is ready to go to the public.
“I would recommend that we invite Sliammon and even hold a meeting in Sliammon, perhaps, based on what has happened with Squamish Nation and the Whistler official community plan.”
Section 879 of the Local Government Act sets out the consultation required in developing an OCP, in addition to the legislative requirement for a public hearing. “First nations are included in that list of parties to be consulted,” said Roddan.
The Supreme Court of British Columbia’s decision in the Squamish Nation versus British Columbia quashed Whistler’s new official community plan because of the province’s failure to adequately consult with Squamish Nation regarding the potential impacts of the plan before approving it.
