metro vancouver regional district indigenous …

September 30, 2021

METRO VANCOUVER REGIONAL DISTRICT INDIGENOUS RELATIONS COMMITTEE

REGULAR MEETING

Thursday, October 7, 2021 Time 1:00 PM

28th Floor Boardroom, 4730 Kingsway, Burnaby, British Columbia

A G E N D A1

1. ADOPTION OF THE AGENDA

1.1 October 7, 2021 Regular Meeting AgendaThat the Indigenous Relations Committee adopt the agenda for its regular meeting scheduled for October 7, 2021 as circulated.

2. ADOPTION OF THE MINUTES

2.1 July 8, 2021 Regular Meeting MinutesThat the Indigenous Relations Committee adopt the minutes of its regular meeting held July 8, 2021 as circulated.

3. DELEGATIONS

4. INVITED PRESENTATIONS

5. REPORTS FROM COMMITTEE OR STAFF

5.1 2022 – 2026 Financial Plan OverviewVerbal Update Designated Speakers: Jerry W. Dobrovolny, Chief Administrative Officer and Dean Rear, General Manager of Financial Services / Chief Financial Officer

5.2 2022 – 2026 Financial Plan – Indigenous Relations That the Indigenous Relations Committee endorse the 2022 - 2026 Financial Plan for Indigenous Relations as presented in the report dated September 30, 2021, titled “2022 - 2026 Financial Plan – Indigenous Relations”, and forward it to the Metro Vancouver Board Budget Workshop on October 20, 2021 for consideration.

1 Note: Recommendation is shown under each item, where applicable.

of 30

pg.3

pg.7

Indigenous Relations Committee Regular Agenda October 7, 2021

Agenda of 2

5.3 Quarterly Report on Reconciliation Activities That the Indigenous Relations Committee receive for information the report dated September 24, 2021, titled “Quarterly Report on Reconciliation Activities.”

5.4 Overview of the BC Supreme Court Decision in Yahey v. British Columbia That the Indigenous Relations Committee receive for information the report dated September 10, 2021, titled “Overview of the BC Supreme Court Decision in Yahey v. British Columbia.”

5.5 Manager’s Report That the Indigenous Relations Committee receive for information the report dated September 27, 2021, titled “Manager’s Report.”

6. INFORMATION ITEMS

7. OTHER BUSINESS

8. BUSINESS ARISING FROM DELEGATIONS

9. RESOLUTION TO CLOSE MEETINGNote: The Committee must state by resolution the basis under section 90 of the CommunityCharter on which the meeting is being closed. If a member wishes to add an item, the basismust be included below.

That the Indigenous Relations Committee close its regular meeting scheduled for October 7,2021 pursuant to the Community Charter provisions, Section 90 (1) (m) as follows:“90 (1) A part of the meeting may be closed to the public if the subject matter being

considered relates to or is one or more of the following:(m) a matter that, under another enactment, is such that the public may be

excluded from the meeting.”

10. ADJOURNMENT/CONCLUSIONThat the Indigenous Relations Committee adjourn/conclude its regular meeting ofOctober 7, 2021.

Membership: Booth, Mary-Ann (C) - West Vancouver Baird, Ken (VC) - Tsawwassen First Nation Annis, Linda - City of Surrey Boyle, Christine - Vancouver Ferguson, Steve - Langley Township Hanson, Jim - North Vancouver District

Hocking, David - Bowen Island Kanakos, Jeannie - Delta McLaughlin, Ron - Lions Bay Meadus, Chelsa - Maple Ridge Zarrillo, Bonita - Coquitlam

Non-Voting Members: Stobbart, Al - Fraser Valley Regional District Rainbow, Tony - Squamish-Lillooet Regional

District Andreas Tize - Sunshine Coast Regional

District

Page 2 of 30

pg.17

pg. 23

pg.27

Minutes of the Regular Meeting of the MVRD Indigenous Relations Committee held on Thursday, July 8, 2021 Page 1 of 4

METRO VANCOUVER REGIONAL DISTRICT INDIGENOUS RELATIONS COMMITTEE

Minutes of the Regular Meeting of the Metro Vancouver Regional District (MVRD) Indigenous Relations Committee held at 1:03 p.m. on Thursday, July 8, 2021 in the 28th Floor Boardroom, 4730 Kingsway, Burnaby, British Columbia.

MEMBERS PRESENT: Chair, Mayor Mary-Ann Booth, West Vancouver Councillor Linda Annis*, Surrey Councillor Christine Boyle*, Vancouver Councillor Steve Ferguson, Langley Township Councillor Jim Hanson*, North Vancouver District Councillor David Hocking*, Bowen Island Councillor Chelsa Meadus*, Maple Ridge

MEMBERS ABSENT: Vice Chair, Chief Ken Baird, Tsawwassen Councillor Jeannie Kanakos, Delta Mayor Ron McLaughlin, Lions Bay Councillor Bonita Zarrillo, Coquitlam

STAFF PRESENT: Jessica Beverley, Corporate Solicitor/General Manager, Legal Services and Indigenous Relations Lauren Cichon, Legislative Services Coordinator, Board and Information Services

1. ADOPTION OF THE AGENDA

1.1 July 8, 2021 Regular Meeting Agenda

It was MOVED and SECONDED That the Indigenous Relations Committee: a) amend the agenda for its regular meeting scheduled for July 8, 2021 by

varying the order of the agenda to consider Section 9. Resolution to CloseMeeting prior to Section 3. Delegations; and

b) adopt the agenda as amended.CARRIED

*denotes electronic meeting participation as authorized by Section 3.6.2 of the Procedure Bylaw

2.1

of 30


2. ADOPTION OF THE MINUTES

2.1 May 6, 2021 Regular Meeting Minutes

It was MOVED and SECONDED That the Indigenous Relations Committee adopt the minutes of its regular meeting held May 6, 2021 as circulated.

CARRIED

Agenda Order Varied Pursuant to Item 1.1 of the agenda, the order of the agenda was varied to consider Section 9 Resolution to Close Meeting at this point.

9. RESOLUTION TO CLOSE MEETING

It was MOVED and SECONDEDThat the Indigenous Relations Committee close its regular meeting scheduled forJuly 8, 2021 pursuant to the Community Charter provisions, Section 90 (1) (m) as follows:“90 (1) A part of the meeting may be closed to the public if the subject matter being

considered relates to or is one or more of the following: (m) a matter that, under another enactment, is such that the public may

be excluded from the meeting.”CARRIED

ADJOURNMENT The Indigenous Relations Committee adjourned its meeting at 1:05 p.m. to convene a closed meeting.

RECONVENE The Indigenous Relations Committee reconvened its July 8, 2021 regular meeting at 2:53 p.m. with the following members in attendance:

MEMBERS PRESENT: Chair, Mayor Mary-Ann Booth, West Vancouver Vice Chair, Chief Ken Baird*, Tsawwassen Councillor Linda Annis*, Surrey Councillor Steve Ferguson, Langley Township Councillor Jim Hanson*, North Vancouver District Councillor David Hocking*, Bowen Island Mayor Ron McLaughlin*, Lions Bay Councillor Chelsa Meadus*, Maple Ridge

MEMBERS ABSENT: Councillor Christine Boyle, Vancouver Councillor Jeannie Kanakos, Delta Councillor Bonita Zarrillo, Coquitlam

of 30


Agenda Order Resumed The order of the agenda resumed with Section 3 Delegations being before the Committee.

3. DELEGATIONSNo items presented.

4. INVITED PRESENTATIONSNo items presented.

5. REPORTS FROM COMMITTEE OR STAFF

5.1 Quarterly Report on Reconciliation ActivitiesReport dated June 25, 2021 from Marino Piombini, Program Manager, Indigenous Relations, Legal Services and Indigenous Relations, providing a quarterly report and update on reconciliation activities for the Committee’s information.

It was MOVED and SECONDED That the Indigenous Relations Committee receive for information the report dated June 25, 2021, titled “Quarterly Report on Reconciliation Activities.”

CARRIED

5.2 Local Government Responses to the Discovery of an Unmarked Burial Site Near Kamloops Indian Residential School Report dated June 25, 2021 from Marino Piombini, Program Manager, Indigenous Relations, Legal Services and Indigenous Relations, providing an update on local government responses to the discovery of an unmarked burial site near Kamloops Indian Residential School for the Committee’s information.

The Indigenous Relations Committee considered the importance of writing a letter in response to the discovery of an unmarked burial site near Kamloops Indian Residential School.

It was MOVED and SECONDED That the Board Chair write the Prime Minister urging the federal government to fully implement the Truth and Reconciliation Commission’s Calls to Action attributed to the Government of Canada, particularly any additional supports needed to address Calls to Action 71 to 76 relating to information on missing residential school children and burial records.

CARRIED

5.3 Manager’s Report Report dated June 28, 2021 from Jessica Beverley, Corporate Solicitor/General Manager, Legal Services and Indigenous Relations, updating the Committee on the Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), release of British Columbia’s Draft Action Plan for

of 30


the Declaration on the Rights of Indigenous Peoples Act (DRIPA), and the Tsleil- Waututh Nation election results.

It was MOVED and SECONDED That the Indigenous Relations Committee receive for information the report dated June 28, 2021, titled “Manager’s Report.”

CARRIED

6. INFORMATION ITEMS

6.1 Correspondence re: Restructuring of the FV Regional Indigenous RelationsCommittee dated May 6, 2021 from Jason Lum, Chair, Fraser Valley Regional District, to Sav Dhaliwal, Chair, Metro Vancouver Regional District.

7. OTHER BUSINESSNo items presented.

8. BUSINESS ARISING FROM DELEGATIONSNo items presented.

9. RESOLUTION TO CLOSE MEETINGThis item was previously considered.

10. ADJOURNMENT/CONCLUSION

It was MOVED and SECONDEDThat the Indigenous Relations Committee conclude its regular meeting of July 8, 2021.

CARRIED (Time: 3:04 p.m.)

____________________________ ____________________________ Lauren Cichon, Mary-Ann Booth, Chair Legislative Services Coordinator

46512517 FINAL

of 30

5.2

47357294

To: Indigenous Relations Committee

From: Jessica Beverley, General Manager, Legal Services and Indigenous Relations

Date: September 30, 2021 Meeting Date: October 7, 2021

Subject: 2022 - 2026 Financial Plan – Indigenous Relations

RECOMMENDATION That the Indigenous Relations Committee endorse the 2022 - 2026 Financial Plan for Indigenous Relations as presented in the report dated September 30, 2021, titled “2022 - 2026 Financial Plan – Indigenous Relations”, and forward it to the Metro Vancouver Board Budget Workshop on October 20, 2021 for consideration.

EXECUTIVE SUMMARY The 2022 - 2026 Metro Vancouver Financial Plan has been prepared following direction received at the April 8, 2021 Metro Vancouver Board Budget Workshop. This has resulted in a plan that maintains the goals and objectives of Metro Vancouver while using key financial tools to minimize the impact on the ratepayers of the region for 2022. The increase in Metro Vancouver’s overall consolidated household impact for 2022 is projected to be 3.5%, down from the 6.4% projected for 2022 in the prior financial planning cycle.

Indigenous Relations staff support Metro Vancouver’s continuing efforts to strengthen relationships with local First Nations, respond to pan-municipal First Nation issues, represent regional and local government interests at active treaty tables, and contribute valuable work towards Reconciliation. There are significantly increased expectations that Metro Vancouver is taking concrete actions towards Reconciliation with First Nations. This translates to increased workload within the program, as is demonstrated by the Indigenous Relations performance indicators.

As a result of the increased workload within the program, the Indigenous Relations operating budget is proposed to increase from $583,698 in 2021 to $1,383,577 in 2022, by a total of $799,879. Over the five years, the operating program is increasing by an annual average of $211,303, or 31.5% per year.

PURPOSE To present the 2022 - 2026 Financial Plan for Indigenous Relations for consideration by the Committee.

BACKGROUND Metro Vancouver’s annual budget process includes the development of detailed annual budgets and the updating of five-year financial plans for each of the four Metro Vancouver legal entities (Metro Vancouver Regional District, Metro Vancouver Housing Corporation, Greater Vancouver Water District and Greater Vancouver Sewerage and Drainage District).

of 30

2022 - 2026 Financial Plan – Indigenous Relations Indigenous Relations Committee Regular Meeting Date: October 7, 2021

Page 2 of 6

47357294

On April 8, 2021 a Metro Vancouver Board Budget Workshop was held with the objective to seek direction for the preparation of the 2022 - 2026 Financial Plan. The workshop outlined the principles that guide the work of Metro Vancouver as an organization, and a proposed approach for the 2022 - 2026 Financial Plan.

This report focuses on Metro Vancouver’s Indigenous Relations program and presents the 2022 provisional annual budget and the updated five-year plan for the years 2022 to 2026 for Committee consideration.

INDIGENOUS RELATIONS PROGRAM The Indigenous Relations program provides information, advice, and support to Metro Vancouver entities on First Nations’ interests and issues, and analyzes how such First Nations’ interests and issues may affect Metro Vancouver’s programs, processes and projects. In 2020, Indigenous Relations staff responded to 2,300 requests; the current trend for 2021 is 3,600 requests. Indigenous Relations supports two committees: Indigenous Relations Committee and a municipal staff advisory committee, the Municipal Technical Advisory Committee on Indigenous Relations. The Indigenous Relations program also responds to pan-municipal First Nation issues and represents and supports Metro Vancouver local government interests at active treaty negotiation tables in the region as well as on provincial and federal issues.

Indigenous Relations supports the strategic directions and high-level goals of the Board’s updated Strategic Plan, 2019-2022 as it relates to Fostering Collaboration and Engagement. Specifically, enhancing relationships between Metro Vancouver and other orders of government, First Nations, adjacent regional districts, and key stakeholders.

4.2 Strengthen relationships with First Nations by exploring new pathways to reconciliation, such as increased engagement, dialogue, and collaboration between Metro Vancouver and First Nations in the region.

WORK PLAN PERFORMANCE INDICATORS High level performance indicators have been developed across the organization to evaluate trends, determine key actions for the coming year, and to assist in long-term planning. The 2022 Work Plan for Indigenous Relations is presented in this report. Within the Indigenous Relations Work Plan, five performance indicators have been developed and are being tracked. These include:

• Number of local government interests represented at treaty table meetings• Number of special Indigenous Relations events hosted by Metro Vancouver (e.g. Community

to Community Forums, workshops, lunch and learns)• Number of bilateral meetings between Metro Vancouver and the nine area First Nations with

lands within the region• Total requests for information or advice related to First Nations and/or Indigenous Relations

The upward trend in these performance measures (see Attachment 2) reflects the increased expectation that Metro Vancouver is taking concrete actions towards Reconciliation with First Nations.

of 30


Page 3 of 6

47357294

CONTINUOUS IMPROVEMENT Successful continuous improvement initiatives in 2021 include:

• coordination of region-wide or sub-regional Multi-Assessment archaeological permits.Indigenous Relations staff continue to advise on Multi-Assessment archaeological permits tomaximize efficiencies, including reduced costs and wait times on Crown permit applications.

• creation of web-based and video-based modules for staff training purposes (e.g. archaeologicalChance Find Protocols). Over 150 staff have, so far, received online training on Chance FindProtocols. Indigenous Relations staff will be working with the External Relations Department in2022 to create video-based archaeological training modules for project managers, work crewsand contractors.

• the identification and implementation of software to assist with tracking requests with the aimof a more efficient tracking of performance indicators. Indigenous Relations staff is continuing totest various possible software in order to assist with the tracking of requests and performanceindicators.

Key work for 2022 includes: • Co-hosting with an area First Nation a Regional Gathering of elected leaders from the 10 local

First Nations in the region, the Board of Directors and the Indigenous Relations Committee;• Facilitating First Nation involvement in regional governance;• Undertaking more bilateral engagement and negotiation with each of the First Nations within

the region;• Reviewing Metro Vancouver’s policy on First Nations engagement;• Developing an archaeological management approach and policy for Metro Vancouver;• Developing Metro Vancouver’s program for the 2022 National Day for Truth and

Reconciliation; and• Preparatory work for the creation of a web-based portal for the purposes of sharing data with

First Nations.

2022 BUDGET AND 2022 - 2026 FINANCIAL PLAN The five-year financial plan for this cycle has been updated to address five central themes identified by the Metro Vancouver Board in its Strategic Plan to guide the development of plans and budgets. The five themes are as follows:

• Financial Sustainability• Environmental Sustainability• System Stewardship• Regulatory and Legislative Environment• Regional Growth

Each Metro Vancouver function has an Annual Work Plan that includes strategic directions, performance indicators and key actions to guide the work for the coming year. Each function also has a “What’s Happening” summary that highlights the program highlights for the next five years.

of 30


Page 4 of 6

47357294

The 2022 - 2026 Indigenous Relations Financial Plan is included as Attachment 1. The 2022 Annual Work Plan for Indigenous Relations presented in this report is included in Attachment 2 and the “What’s Happening” highlights for the years 2022 - 2026 are included in Attachment 3.

Operating Budget Highlights The Indigenous Relations operating budget is proposed to increase by $799,879 for a total budget of $1,383,577 in 2022 (Attachment 1). This increase is a direct result of increasing demands and expectations placed upon Metro Vancouver as well as recognized need to increasingly involve First Nations in the regional district’s plans, projects and initiatives.

The 2022 operating budget includes the following key actions: • Bilateral engagement and negotiations with First Nations within the region.• Support ongoing First Nation engagement efforts (including agreements) on capital and

construction projects such as North West Langley Wastewater Treatment Plant upgrade, IonaIsland Wastewater Treatment Plant upgrade, Coquitlam Lake Water Supply project,Coquitlam Main Water project, and Widgeon Marsh Regional Park development.

• Develop an archaeological management approach for Metro Vancouver including: thecreation of a strategic policy; the provision of education as well as Chance Find and culturalawareness training sessions; the conduct of project reviews for archaeological potential;collaboration with First Nations and local governments; and increased internal capacity.

• Host a Regional Gathering involving members of the Indigenous Relations Committee, MVRDBoard, and respective First Nation Chiefs and Councils from the 10 First Nation communitiesin the region.

• Host an annual event (e.g. workshop) involving staff of First Nations and local governmentson a topical issue in local government/Indigenous relations.

• Host and/or participate in reconciliation activities (e.g. National Indigenous Peoples Day onJune 21 and National Day for Truth and Reconciliation on September 30).

• Participate in active treaty table meetings in the region as part of the provincial negotiatingteam.

• Provide training sessions for Metro Vancouver staff on corporate policy related to sharinginformation and engagement with First Nations on construction projects, as well as theBoard’s procurement policy that includes economic opportunities for First Nations and moreuse of their services (e.g. archaeological) on Metro Vancouver projects.

• Respond to the increasing number of internal requests: including the provision of advice oninformation sharing and engagement with First Nations; the identification of First Nationeconomic and procurement opportunities; as well as the coordination of, and participationin, meetings with First Nations involving staff from across the Metro Vancouver organization.

• Complete the video series of the 10 First Nations in the region.• Complete an annual review/update of Metro Vancouver’s Guide to Indigenous Nations.

Over the five years, the operating program is increasing by a total of $1,056,514, which represents an annual average of $211,303 or 31.5% per year.

of 30


Page 5 of 6

47357294

APPROVAL PROCESS The proposed 2022 - 2026 Financial Plan and Annual Work Plan is presented for consideration and endorsement before being forwarded to the Board for consideration. The next steps of the process are: • The 2022 - 2026 Financial Plan and Annual Work Plan will be presented at the Metro Vancouver

Board Budget Workshop on October 20, 2021.• The Board will consider adoption of the 2022 Budget and endorsement of the 2022 - 2026

Financial Plan on October 29, 2021.

ALTERNATIVES 1. That the Indigenous Relations Committee endorse the 2022 - 2026 Financial Plan for Indigenous

Relations as presented in the report dated September 30, 2021, titled “2022 - 2026 Financial Plan– Indigenous Relations”, and forward it to the Metro Vancouver Board Budget Workshop onOctober 20, 2021 for consideration.

2. That the Indigenous Relations Committee make recommendations and endorse an amended2022 - 2026 Financial Plan for Indigenous Relations, and forward the amended Financial Plan tothe Metro Vancouver Board Budget Workshop on October 20, 2021 for consideration.

FINANCIAL IMPLICATIONS If the MVRD Board endorses the 2022 Budget and Five-year Financial Plan for Indigenous Relations, as presented under Alternative 1, the Program will be funded through the allocation of centralized support services. The 2022 - 2026 Financial Plan, if endorsed, will increase by $1,056,514, or an average of $211,303 (31.5%) per year. Indigenous Relations supports all Metro Vancouver entities and functions and its costs are allocated to those entities and functions through the centralized support allocation in accordance with the Corporate Allocation Policy.

Under Alternative 2, the Committee may wish to consider recommending amendments to the five-year financial plan for consideration at the Metro Vancouver Board Budget Workshop. Any changes to the plan may have an impact on the MVRD Financial Plan.

SUMMARY / CONCLUSION The 2022 Budget and Five-year Financial Plan for Indigenous Relations has been prepared following direction received at the April 8, 2021 Metro Vancouver Board Budget Workshop and to respond to direction provided in the Board Strategic Plan and supports the goals of Metro Vancouver’s four legal entities. It is presented to Committee and Board members to provide overview information on activities and financial impacts for the years 2022 to 2026 for Indigenous Relations.

The presentation of this year’s Five-Year Financial Plan for Indigenous Relations provides the opportunity for Metro Vancouver to share with its member jurisdictions the proposed program initiatives and the financial impact of these projects, over the next five years. The Financial Plan illustrates how Metro Vancouver proposes to pay for the Indigenous Relations program while addressing an increasing workload. Metro Vancouver’s Financial Plan is intended to be used as a guiding document for member jurisdictions in the development of their five-year financial plans and includes projections on household impact to demonstrate how the plan will remain affordable for Metro Vancouver residents while keeping pace with our critical requirements.

of 30


Page 6 of 6

47357294

Indigenous Relations supports all Metro Vancouver entities and functions and the associated costs are allocated to those entities and functions as part of Centralized Support Services allocation in accordance with the Corporate Allocation Policy.

Staff recommend endorsing the 2022 - 2026 Financial Plan for Indigenous Relations as presented under alternative one.

Attachments: 1. 2022 - 2026 Financial Plan2. 2022 Work Plan3. 2022 - 2026 “What’s Happening”

of 30

2021 2022 % 2023 % 2024 % 2025 % 2026 %BUDGET BUDGET CHANGE FORECAST CHANGE FORECAST CHANGE FORECAST CHANGE FORECAST CHANGE

REVENUES

Allocated to Functional Departments 583,698$ 907,578$ 55.5% 921,966$ 1.6% 943,054$ 2.3% 964,635$ 2.3% 986,541$ 2.3%Transfer from Capital ‐ 475,999 0.0% 601,821 618,707 2.8% 635,989 2.8% 653,671 2.8%

TOTAL REVENUES 583,698$ 1,383,577$ 140.0% 1,523,787$ 10.1% 1,561,761$ 2.5% 1,600,624$ 2.5% 1,640,212$ 2.5%

EXPENDITURES

Operating Programs:Indigenous Relations 583,698$ 1,383,577$ 1,523,787$ 1,561,761$ 1,600,624$ 1,640,212$

TOTAL EXPENDITURES 583,698$ 1,383,577$ 140.0% 1,523,787$ 10.1% 1,561,761$ 2.5% 1,600,624$ 2.5% 1,640,212$ 2.5%

METRO VANCOUVER DISTRICTSINDIGENOUS RELATIONS 2022‐2026 FINANCIAL PLAN

Attachment 1

of 30

ATTACHMENT 2

LEGAL SERVICES AND INDIGENOUS RELATIONS Indigenous Relations

2022 WORK PLAN

Description of services Indigenous Relations provides information, advice and support to Metro Vancouver on First Nations’ interests and issues, and analyzes how such First Nations’ interests and issues may affect corporate programs, processes and projects. Indigenous Relations also responds to pan-municipal First Nation issues and represents and supports Metro Vancouver local government interests at treaty negotiation tables as well as at provincial and federal venues.

Strategic directions and high level goals supported Board Strategic Plan, 2019-2022: Fostering Collaboration and Engagement • Enhance relationships between Metro Vancouver and other orders of government, First Nations,

adjacent regional districts, and key stakeholders.4.2 Strengthen relationships with First Nations by exploring new pathways to reconciliation,

such as increased engagement, dialogue, and collaboration between Metro Vancouver and First Nations in the region.

Performance indicators

Indicator Historical and/or industry benchmark

Current performance

2022 performance objective

Number of local government interests represented at treaty table meetings.

MV 4-year average (2017-2020)

6

Projected 2021:

10

12

Number of special Indigenous Relations events hosted by Metro Vancouver (e.g. Community to Community Forums, workshops, lunch and learns)


3

Projected 2021:

4

5

Number of bilateral meetings between Metro Vancouver and the nine area First Nations with lands


30

Projected 2021:

75

100

Total requests for information or advice related to First Nations and/or Indigenous Relations


1,350

Projected 2021:

3,600

5,000

of 30

46722854

2022 key actions

• Support ongoing First Nation engagement efforts (including agreements) on capital and constructionprojects such as North West Langley Wastewater Treatment Plant upgrade, Iona Island WastewaterTreatment Plant upgrade, Coquitlam Lake Water Supply project, Coquitlam Main Water project, andWidgeon Marsh Regional Park development.

• Develop an archaeological management approach for Metro Vancouver including: the creation of astrategic policy; the provision of education as well as Chance Find and cultural awareness trainingsessions; the conduct of project reviews for archaeological potential; collaboration with First Nationsand local governments; and increased internal capacity.

• Host a Regional Gathering involving members of the Indigenous Relations Committee, MVRD Board,and respective First Nation Chiefs and Councils from the 10 First Nation communities in the region.

• Host an annual event (e.g. workshop) involving staff of First Nations and local governments on atopical issue in local government/Indigenous relations.

• Host and/or participate in reconciliation activities (e.g. National Indigenous Peoples Day on June 21and Orange Shirt Day on September 30).

• Participate in active treaty table meetings in the region as part of the provincial negotiating team.• Provide training sessions for Metro Vancouver staff on corporate policy related to sharing information

and engagement with First Nations on construction projects, as well as the Board’s procurementpolicy that includes economic opportunities for First Nations and more use of their services (e.g.archaeological) on Metro Vancouver projects.

• Respond to the increasing number of internal requests: including the provision of advice oninformation sharing and engagement with First Nations; the identification of First Nation economicand procurement opportunities; as well as the coordination of, and participation in, meetings withFirst Nations involving staff from across the Metro Vancouver organization.

• Complete the video series of the 10 First Nations in the region.• Complete an annual review/update of Metro Vancouver’s Guide to Indigenous Nations.

of 30

ATTACHMENT 3

41475367

Indigenous Relations

2022 to 2026 – WHAT’S HAPPENING

Below is a summary of the significant initiatives to be undertaken by Indigenous Relations over the next 5 years.

Initiative Description Theme 2022

A Metro Vancouver-First Nations Regional Gathering

A forum to be co-hosted by the MVRD Board with 10 First Nation communities’ elected leaders in the region; the first such meeting of its kind in the Metro Vancouver region

Environmental Sustainability

First Nations Engagement

Undertake a review of Metro Vancouver’s engagement approach with First Nations

Regulatory and Legislative Environment

Climate 2050 Support First Nation engagement and participation in the implementation of the Climate 2050 issue area roadmaps


Sensitive Ecosystem Inventory

Support First Nation engagement in the 5-year update of the sensitive ecosystem inventory for the region


Capital and Construction Projects

Support ongoing First Nation engagement efforts on Metro Vancouver capital and construction projects

Regional Growth

Reconciliation Foster First Nation involvement in regional governance


Liquid Waste Management Plan

Support First Nation engagement and participation in the plan update


Solid Waste Management Plan

Support First Nation engagement and participation in the plan update


Project Data Portal Preparatory work for the creation of a web-based portal for the purposes of sharing data with First Nations

Regional Growth

Archaeological Management

Develop an approach and policy for Metro Vancouver, including staff training, project reviews and collaboration with First Nations

Regulatory and Legislative Environment

2023-2026

A Community to Community Forum or Regional Gathering

A forum to be co-hosted by Metro Vancouver Indigenous Relations Committee with one First Nation (i.e. a Community to Community Forum) or the MVRD Board with 10 First Nation communities’ elected leaders in the region (i.e. a Regional Gathering)


Capital and Construction Projects

Support ongoing First Nation engagement efforts on Metro Vancouver capital and construction projects


Project Data Portal Development of a system for sharing project information and engaging with First Nation


of 30

5.3

47373118


From: Erin Hogg, Senior Policy Analyst, Indigenous Relations, Legal Services and Indigenous Relations


Subject: Quarterly Report on Reconciliation Activities

RECOMMENDATION That the Indigenous Relations Committee receive for information the report dated September 24, 2021, titled “Quarterly Report on Reconciliation Activities.”

EXECUTIVE SUMMARY This report provides information on reconciliation events and activities undertaken by Metro Vancouver over the past several months as well as information on upcoming events and activities over the next few months. Details of the events and activities are included as charts, which appear in this report as attachments.

PURPOSE To provide the committee with a quarterly report and update on reconciliation activities undertaken by Metro Vancouver.

BACKGROUND This quarterly report on regional and local reconciliation activities and opportunities is part of the Indigenous Relations Committee’s annual work plan. This information report is intended to identify opportunities for Committee and MVRD Board members to learn about, and engage in, reconciliation activities in the region, and includes: • Reconciliation events and activities that have been undertaken by Metro Vancouver over the past

four months (Attachment 1), and• Upcoming opportunities over the next few months for engaging in such activities (Attachment 2).

The charts in Attachment 1 and Attachment 2 are based on the four objectives established by the Metro Vancouver Board in October 2015 in its review of the Truth and Reconciliation Commission’s (TRC) Calls to Action: • Liaising with the TRC and Reconciliation Canada• Raising Awareness of Indian Residential Schools• Providing Training Sessions for Staff, and• Strengthening Relationships with First Nations.

ALTERNATIVES This is an information report. No alternatives are presented.

of 30

Quarterly Report on Reconciliation Activities Indigenous Relations Committee Regular Meeting Date: October 7, 2021

Page 2 of 3

FINANCIAL IMPLICATIONS The various Metro Vancouver activities identified in 2021 have been included in the Indigenous Relations budget. There are no additional financial implications with respect to the items identified in this information report.

CONCLUSION This report provides a quarterly update on reconciliation activities involving Metro Vancouver and local governments as per the Committee’s recommendations and for members’ information.

Attachments 1. Reconciliation Activities Undertaken: July 2021 to September 20212. Some Upcoming Reconciliation Activities: October 2021 to December 2021

of 30

ATTACHMENT 1

Reconciliation Activities Undertaken: July 2021 to September 2021

Objectives Activity / Date Notes

Strengthening Relationships with First Nations

Metro Vancouver-Kwikwetlem First Nation Quarterly Project Review Meeting

July 6, 2021 on Zoom

Metro Vancouver staff hosted a meeting for Kwikwetlem First Nation staff for the purposes of providing information and answering questions about a number of upcoming Metro Vancouver projects within Kwikwetlem First Nation’s territory.


Metro Vancouver-Semiahmoo First Nation Meeting


Metro Vancouver staff hosted a meeting for Semiahmoo First Nation elected/ staff representatives for the purposes of providing information and answering questions about an upcoming Liquid Waste Services project at Ocean Park in Surrey.


Metro Vancouver-Tsleil-Waututh Nation Meeting


Metro Vancouver staff hosted a meeting for Tsleil-Waututh Nation staff for the purposes of discussing a joint Metro Vancouver-Tsleil-Waututh project at Belcarra Regional Park.

Raising Awareness

Update of Metro Vancouver’s web site.

July 13, 2021

Metro Vancouver’s Board-approved Land Acknowledgment was placed on the landing page of Metro Vancouver’s web site.


Metro Vancouver-Katzie First Nation Meeting


Metro Vancouver staff hosted a meeting for Katzie First Nation staff for the purposes of providing information and answering questions about the status of the Widgeon Marsh Regional Park project.


Metro Vancouver-Kwantlen First Nation Meeting


Metro Vancouver staff hosted a meeting for Kwantlen First Nation members for the purposes of providing information and answering questions about Indigenous artwork for a Water Services project at Fleetwood in Surrey.

of 30

Objectives Activity / Date Notes Strengthening Relationships with First Nations

Metro Vancouver-Kwikwetlem First Nation Meeting


Metro Vancouver staff hosted a meeting for Kwikwetlem First Nation and BC Housing representatives for the purposes of providing information and answering questions about the Coquitlam Water Main Project within Kwikwetlem First Nation’s territory.


Metro Vancouver-Tsleil-Waututh Nation Meeting


Metro Vancouver staff hosted a meeting for Tsleil-Waututh Nation staff for the purposes of providing information and answering questions about the First Nation video project.



August 6, 2021 on Zoom

Metro Vancouver staff hosted a meeting for Semiahmoo First Nation elected/ staff representatives for the purposes of answering questions about Metro Vancouver and its services.




Metro Vancouver staff hosted a meeting for Semiahmoo First Nation elected/ staff representatives for the purposes of providing information and answering questions about an upcoming Liquid Waste Services project at Crescent Beach in Surrey.

Staff Training Training Course for Metro Vancouver staff: “Chance Find Management Procedure”


Indigenous Relations staff facilitated a 45-minute training session on MetroVancouver’s Chance Find ManagementProcedure for archaeological resourcesto staff involved in WatershedManagement (Water Services).

Staff Training Training Course for Metro Vancouver staff: “Chance Find Management Procedure”


Indigenous Relations staff facilitated a 45-minute training session on MetroVancouver’s Chance Find ManagementProcedure for archaeological resourcesto Water Services staff.

Raising Awareness

Municipal Technical Advisory Committee (MTAC) on Indigenous Relations

September 22, 2021 on Zoom

As part of a regular MTAC meeting, Metro Vancouver staff have invited provincial staff to discuss the implementation of the Declaration on the Rights of Indigenous Peoples Act (DRIPA).

of 30

Raising Awareness

National Truth and Reconciliation Day/Orange Shirt Day event for Metro Vancouver staff and elected officials

September 23, 2021 on Zoom

Indigenous Relations coordinated a presentation from the Honourable Steven Point, UBC Chancellor, for a Lunch and Learn event for interested Metro Vancouver staff and elected officials on the topic of truth and reconciliation.

of 30

ATTACHMENT 2

Some Upcoming Reconciliation Activities: September 2021 to December 2021

Objectives Activity / Date Notes Strengthening Relationships with First Nations

Metro Vancouver-Kwikwetlem First Nation Meeting

October 26 2021 on Zoom

Metro Vancouver staff will host a meeting for Kwikwetlem First Nation representatives for the purposes of providing information and answering questions about parks-related and utility proejcts within Kwikwetlem First Nation’s territory.

Staff Training Training Course for Metro Vancouver staff: “Building Relations with Indigenous Nations” facilitated by Metro Vancouver Indigenous Relations staff

November 5, 2021 on Zoom

Metro Vancouver staff from various departments will receive a training session from Indigenous Relations staff. This 3-hour training session includes information on the history of Indigenous/non-Indigenous relations in Canada, a scan of First Nations in the Metro Vancouver region, and a review of regional district policies on building relations with Indigenous Nations.

Raising Awareness

Annual Workshop for members of the Municipal Technical Advisory Committee (MTAC) on Indigenous Relations

December 8, 2021 on Zoom

Metro Vancouver will organize and host a workshop on treaty negotiations to be facilitated by the provincial and First Nation negotiation teams at the Katzie treaty table.

Staff Training Training Course for Metro Vancouver staff: “Archaeology” facilitated by Golder Associates

Date: TBA – via Zoom

Metro Vancouver staff from various departments will receive a training session from Golder Associates. This one-day introductory training session includes information on Chance Find Protocols, Archaeological Overview Assessment and Archaeological Impact Assessment, and the province’s Remote Access to Archaeological Data (RAAD) system.

of 30

47380720


From: Agnes Rosicki, Senior Policy Analyst, Indigenous Relations, Legal Services and Indigenous Relations


Subject: Overview of the BC Supreme Court Decision in Yahey v. British Columbia

RECOMMENDATION That the Indigenous Relations Committee receive for information the report dated September 10, 2021, titled “Overview of the BC Supreme Court Decision in Yahey v. British Columbia.”

EXECUTIVE SUMMARY This information report provides an overview of the recent British Columbia Supreme Court decision in Yahey v. British Columbia involving a Treaty 8 First Nation located in the northeastern part of the province. The Court decided that, by authorizing the cumulative impacts of industrial development within the Blueberry River First Nations territory over the past 120 years including roads, dams, transmission lines and natural gas extraction, the Province had unjustifiably infringed the First Nation’s treaty rights. As a result, the First Nation can no longer meaningfully exercise its rights to hunt, trap or fish. While the decision deals with treaty and Treaty 8 rights, the provincial review of the regulatory regime by the Province may impact other First Nations and stakeholders, which may include Metro Vancouver. The Province has announced that it will not appeal the Court’s decision in this matter.

PURPOSE The purpose of this report is to inform the Indigenous Relations Committee about the Yahey v. British Columbia, 2021 BCSC 1287, decision that considered the cumulative effects of resource development on Blueberry River First Nations (“Blueberry”) lands and treaty rights.

BACKGROUND This information report is provided as part of an ongoing effort to keep the Committee apprised of new developments in Aboriginal case law that may have broader implications for local governments in the Metro Vancouver region.

BC SUPREME COURT DECISION IN YAHEY V. BRITISH COLUMBIA

Summary of the Decision On June 29, 2021, the BC Supreme Court released its decision in Yahey v. British Columbia. The Court ruled against the Province. The 511-page decision is lengthy and considers detailed evidence including history, ethnography, wildlife, forestry and land use planning within Blueberry’s territory. Following a 160-day trial, the Court stated that by authorizing the cumulative impacts of industrial

5.4

of 30

Overview of the BC Supreme Court Decision in Yahey v. British Columbia Indigenous Relations Committee Regular Meeting Date: October 7, 2021

Page 2 of 4

development within Blueberry’s territory, including roads, dams, transmission lines and natural gas extraction, the Province unjustifiably infringed Blueberry’s treaty rights. Over the years, government programs and industrial activities have gradually reduced Blueberry’s access to natural resources. As a result, Blueberry can no longer meaningfully exercise its rights to hunt, trap and fish.

Blueberry’s territory is located in northeastern British Columbia. Blueberry First Nations is a signatory to Treaty 8, one of the numbered treaties signed by the Crown and First Nations during the nineteenth and twentieth centuries. The Court found that the vast majority of Blueberry’s territory had been subjected to extensive industrial development over the past 120 years.

Treaty 8 was intended to protect Blueberry’s way of life while providing the Province with the power to “take up” lands for natural resource development. Justice Emily Burke, however, stated that this provincial power to “take up lands” is “not infinite” and must be exercised in a way that upholds treaty promises. The Court deemed the provincial “piece-meal project-by-project approach” to consulting with Blueberry inadequate, as the Province failed to assess the collective cumulative effects of development in the entirety of Blueberry’s territory.

The Court ordered that the Province may no longer authorize any development activities that breach Treaty 8 and infringe on Blueberry’s treaty rights. In response to the ruling, the Province announced on July 28, 2021 that it will not appeal the Court’s decision.

What is unique about this decision? The Yahey v. British Columbia decision is unique for the following reasons: • This is the first decision in Canada that considered the cumulative effects of resource

development on First Nation lands and treaty rights.• Past court decisions that addressed infringements of Aboriginal and treaty rights have mainly

focused on single projects and their impacts. In this decision, the Court held that the cumulativeeffects of numerous development projects taking place within Blueberry’s territory over time hadinfringed Treaty 8.

• This decision introduced a new test for treaty infringement by considering whether First Nationsrights have been significantly and meaningfully diminished. Previous court decisions have heldthat infringement occurs when there is “no meaningful exercise of the rights.”

IMPLICATIONS

Treaty 8 Territory The Yahey v. British Columbia decision is particularly relevant to Treaty 8 First Nations and potentially other historic treaty Nations across Canada with similar treaty language. Treaty rights are constitutionally protected. Other First Nations whose territories have been subject to extensive industrial development over long periods of time might also seek similar legal remedies.

This decision sets a precedent for future court challenges related to claims of treaty rights infringement resulting from cumulative adverse impacts. Any new industrial developments in northeast British Columbia may likely now require Blueberry’s consent. Hence, consultation

of 30


Page 3 of 4

requirements and regulatory risks for new projects within the Treaty 8 area may be more significant following this decision.

Provincial Approach to Consultation In response to this decision, the Province will need to review its regulatory framework related to cumulative impacts on Aboriginal and treaty rights. Under the existing BC Cumulative Effects Framework, introduced in 2014, cumulative effects are defined as “changes to environmental, social and economic values caused by the combined effect of past, present and potential future human activities and natural processes.” In accordance with the updated BC Environmental Assessment Act, the Province needs to consider cumulative effects for projects requiring environmental assessments. Under the updated Act, whenever an environmental assessment is required, the effects of a proposed project on Indigenous Nations must be considered.

Potential Implications for Metro Vancouver This decision speaks to the increased prominence of cumulative effects. Project proponents across BC who engage with First Nations can expect to hear more about the need to look at the past, current, and future adverse effects of development on project areas. First Nations may advance cumulative effects concerns in the engagement process for new projects, including asking proponents to undertake cumulative effects assessments for projects in which the provincial environmental assessment process is not triggered. Currently, Metro Vancouver may need to consider the cumulative impacts of its projects on Indigenous communities in order to comply with legislated environmental assessment and permitting requirements.

Over the last few years, First Nations in the Metro Vancouver region have been raising concerns over the assessment of cumulative effects on Aboriginal rights when reviewing Metro Vancouver’s projects. First Nations have been increasingly concerned about the totality of all developments taking place in their respective territories and the need to address these issues as part of the broader engagement process.

In view of the concerns related to cumulative effects, Metro Vancouver staff recognize the importance of early and meaningful engagement with First Nations and the need to assess potential impacts of proposed projects on known and potential Aboriginal rights that First Nations might be exercising at or near a project location. In this regard, in the spring 2021, two external facilitators delivered two short pilot training sessions on the topic of cumulative effects to Metro Vancouver staff involved in project work.

ALTERNATIVES This is an information report. No alternatives are presented.

CONCLUSION The Yahey v. British Columbia decision is unprecedented as it addresses the issue of the cumulative effects of a range of provincially-authorized activities, projects and developments on a First Nation’s treaty rights. Over the last 120 years, Blueberry has seen extensive industrial development in its territory. Blueberry claimed that the cumulative effects of industrial development have adversely affected its treaty rights and breached Treaty 8.

of 30


Page 4 of 4

Metro Vancouver staff will pay close attention to any new cumulative effects assessment framework that the Province may develop in response to the Yahey v. British Columbia decision. In the meantime, Metro Vancouver will continue working to improve its approach to effectively engage with Indigenous Nations on regional district plans, projects and other initiatives.

References 1. BC Supreme Court Decision in Yahey v. British Columbia2. BC Cumulative Effects Framework3. Declaration on the Rights of Indigenous Peoples Act – Bill 41

46839250

of 30

https://www.bccourts.ca/jdb-txt/sc/21/12/2021BCSC1287.htm

https://www2.gov.bc.ca/gov/content/environment/natural-resource-stewardship/cumulative-effects-framework/overview

https://www2.gov.bc.ca/gov/content/environment/natural-resource-stewardship/cumulative-effects-framework/overview

https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/41st-parliament/4th-session/bills/third-reading/gov41-3

47373199


From: Jessica Beverley, Corporate Solicitor/General Manager, Legal Services and Indigenous Relations


Subject: Manager’s Report

RECOMMENDATION That the Indigenous Relations Committee receive for information the report dated September 27, 2021, titled “Manager’s Report.”

EXECUTIVE SUMMARY This report includes an updated 2021 Work Plan and a summary of events and activities of interest to the Indigenous Relations Committee since the date of the previous Committee meeting on July 8, 2021.

Indigenous Relations Committee Work Plan 2021 The Indigenous Relations Committee’s Work Plan for 2021 is attached to this report (Attachment 1). The status of work program elements is indicated as pending, in progress, or complete. The listing is updated as needed to include new issues that arise, items requested by the Committee, and changes to the schedule.

Renewed Memorandum of Understanding between Union of BC Municipalities and the Province On September 14, 2021, the Union of BC Municipalities and the BC Government renewed their commitment to work together to advance reconciliation efforts with Indigenous peoples in the province. The renewed Memorandum of Understanding (MOU) underscores the importance of local governments’ role in these efforts. The MOU also recognizes BC’s new policy to modernize treaty negotiations with First Nations, as well as negotiations of other reconciliation agreements. Further, the updated MOU highlights local governments’ participation during the negotiation process.

Squamish Nation Election Results On September 26, 2021, Squamish Nation elected a new Council. With this election, Squamish Nation has moved away from its 100-year old system of a 16-person Council, to an 8-member Council. Returning Councillor Dustin Rivers (Khelsilem) was acclaimed as the Council Chairperson. The Metro Vancouver Board Chair and Chair of the Indigenous Relations Committee will be sending a letter of congratulations to the incoming Squamish Nation Council members, who will soon begin a four-year term of office.

Update on the Showcase Videos of the 10 Local First Nations In 2020, in the absence of the Regional Gathering due to COVID-19 restrictions on public gatherings, Metro Vancouver’s Multi-Media Division within External Relations began a video project to film all 10

5.5

of 30

https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-nations/agreements/mirr_-_ubcm_mou_2021_-_signed.pdf

Manager’s Report Indigenous Relations Committee Regular Meeting Date: October 7, 2021

Page 2 of 2

45923217

local First Nations. To date, two of the 10 videos (Semiahmoo and Tsawwassen) have been completed. Another video (Kwikwetlem) is in post-production and will be completed soon. A fourth video (Tsleil-Waututh) is about to begin a filming session. Metro Vancouver endeavours to have all 10 videos completed and posted on the regional district’s web site in time for the Regional Gathering which is now being planned for 2022.

Attachments 1. Indigenous Relations Committee 2021 Work Plan.

of 30

Indigenous Relations Committee 2021 Work Plan Report Date: October 7, 2021

Priorities

1st Quarter Status

Update on Metro Vancouver’s Guide to First Nations Completed Appoint a Committee representative to the Katzie treaty table for 2021 Completed Appoint a 2021 Committee representative to the UBCM Indigenous Relations Committee Completed Appoint a Committee representative as an Observer to the Fraser Valley Regional Indigenous Relations Committee for 2021 Completed

Provide advice on how Metro Vancouver can pursue reconciliation with First Nations Completed Receive a quarterly update on reconciliation activities Completed Receive a quarterly update on active treaty negotiations in the region Completed Receive updates on federal and provincial legislative initiatives of significance to local governments (as needed) Completed

2nd Quarter

Invited presentation from the BC Treaty Commission on its 2020 Annual Report Completed Examine opportunities to collaborate with other Metro Vancouver committees on Indigenous Relations matters

Completed

Receive a quarterly update on reconciliation activities Completed Committee appointees report back to Committee Completed Receive a quarterly update on active treaty negotiations in the region Completed Receive updates on federal and provincial legislative initiatives of significance to local governments (as needed) Completed

3rd Quarter

A Metro Vancouver lunch and learn session for staff on Reconciliation on or about the time of Orange Shirt Day (September 30) Completed

Invited presentation from representatives of the Metis, Inuit and urban Indigenous groups In Progress

Organize a presentation from Metro Vancouver project teams on their involvement, engagement and experience with First Nations on regional district capital and infrastructure projects and management plans

Completed

Committee appointees report back to Committee Completed Receive a quarterly update on reconciliation activities Completed Receive a quarterly update on active treaty negotiations in the region Completed

4th Quarter

Review the 2022 Indigenous Relations budget and five-year financial plan Completed Invited presentation on the status of active treaty negotiations (e.g. provincial negotiation teams) In Progress

Host a workshop for staff from Metro Vancouver member jurisdictions on a key current topic (e.g., reconciliation) In Progress

ATTACHMENT 1

of 30

45923217

4th Quarter (continued) Status

Examine opportunities to collaborate with other Metro Vancouver committees on Indigenous Relations matters In Progress

Organize a presentation from Metro Vancouver project teams on their involvement, engagement and experience with First Nations on regional district capital and infrastructure projects and management plans

In Progress

Committee appointees report back to Committee Completed Receive a quarterly update on reconciliation activities Completed Receive a quarterly update on active treaty negotiations in the region Completed Receive updates on federal and provincial legislative initiatives of significance to local governments (as needed) Completed

of 30

metro vancouver regional district indigenous …

Documents