For the past decade, the BC Energy Regulator (BCER) managed the cumulative effects from energy activities using its own Area-based Analysis approach. While this was the first approach employed in northeast B.C. to examine cumulative disturbance impacts on old forest, riparian areas and wildlife habitat, the BCER is shifting toward more collaborative approaches with Treaty 8 First Nations and other provincial agencies. The passing of the Declaration of the Rights of Indigenous Peoples Act (DRIPA) in 2019 and recent case law highlight that cumulative effects management must include not only the environmental effects of an activity, but also the cultural, social and health impacts of an activity on the land base.

Today, the BCER is working with other sectors and in partnership with Treaty 8 First Nations to advance cumulative effects considerations in decision-making through the implementation of Treaty 8 agreements, land use planning and operational decision-making. These three scales in which cumulative effects of energy development are being considered, are described below.

Treaty 8 Agreements

Several recent agreements between B.C. and Treaty 8 First Nations were signed following the June 2021 B.C. Supreme Court ruling. The ruling determined the constitutionally protected Treaty 8 rights of the Blueberry River First Nations had been breached by the cumulative impacts of industrial development, authorized by successive provincial governments over many years. These agreements focus on a partnership approach for the planning and management of lands and resources. For example, among the commitments in the Blueberry River First Nations (BRFN) Implementation Agreement (BRFN IA), there are required limits on new energy resource development and mandatory setbacks to respect BRFN values.

In the Consensus Document, priority areas for action will address the cumulative impacts of industrial development on Treaty rights and examine ways – including legal mechanisms – to manage for cumulative effects going forward that help create predictability for proponents and our governments on future resource development.

Land Use Planning

Treaty 8 First Nation agreements have also spurred a series of ongoing planning processes to produce new land use objectives and guidance intended to redefine the balance between the protection of Treaty rights and responsible resource development in accordance with the Yahey vs. B.C. decision, the Consensus Document, the BRFN IA and broader provincial direction. Strategic and land use plans are the optimal place to consider cumulative impacts as a way to proactively set various land use objectives.

Operational Decision-Making

While the various collaborative planning processes are underway, the BCER continues to work closely with Treaty 8 First Nations to determine how best to apply and interpret existing cumulative effects information in reviewing project-specific effects of energy applications. BCER is working to implement the new Treaty 8 Planning and Mitigation Measures, in partnership with Treaty 8 First Nations which will contribute to cumulative effects management. Further, the BCER is strengthening Mitigation Plan requirements for key values specified by Treaty 8 First Nations and/or those reflected in the Environmental Protection and Management Guideline. In the future, it is expected the review of project-specific effects will be considered within land use planning parameters.

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