Nisga’a Lisims Government (“NLG”) is pleased to announce that Wilp Si’ayuukhl Nisga’a enacted the Nisga’a Environmental Assessment Act (the “Act”) on July 30, 2024. The Nisga’a Nation is the only modern treaty nation in British Columbia with jurisdiction under its treaty to enact legislation of this kind.
Under the Nisga’a Final Agreement (the “Treaty”), NLG has authority to make laws in respect of the environmental assessment of projects on Nisga’a Lands. The Act, in accordance with the Treaty, defines an “environmental assessment” as the evaluation of impacts on the environment, and includes screening, study, and review; and a “project” as any undertaking or proposed undertaking in relation to a physical work or activity. The Act establishes the Nisga’a Environmental Assessment Office and the office of Director of Environmental Assessments, and includes a comprehensive compliance, monitoring and enforcement regime.
The Act is not yet in force. When the Act comes into force, any project on Nisga’a Lands will be subject to the requirements of the Act, unless exempted under the Act or by regulation, and subject to an environmental assessment in accordance with the Treaty and the Act. There are two types of environmental assessments under the Act: simple review and comprehensive review. The levels of assessment under these types of assessments differ based on the anticipated project effects.
Projects that are subject to a simple review will need to obtain a “simple review certificate” and projects that are “designated projects” under the Act will need to obtain an “environmental assessment certificate”, prior to proceeding on Nisga’a Lands or obtaining any other required authorization under Nisga’a law for the project.
The Director of Environmental Assessments or the Nisga’a Lisims Government Executive, as applicable, may issue a certificate, and impose conditions, in respect of a project following the completion of an environmental assessment in accordance with the Treaty and the Act.
The Act will come into force by subsequent regulation. Prior to the Act coming into force, Nisga’a Lisims Government will be developing regulations and policies to ensure an effective and efficient transition to, and implementation of, this environmental assessment regime. Public sessions for Nisga’a citizens will also be held prior to the Act coming into force. The Act is expected to come into force in 2025.
For further information, contact:
Paul Mercer, Manager of Communications & Intergovernmental Relations
Tel: 250 633 3000
paulm@nisgaanation.ca
