Local leaders voice opposition to BC’s proposed infrastructure act

Mayors, First Nation chiefs, and MLAs from the South Island are calling for the retraction of the proposed Infrastructure Projects Act, or Bill 15, which is expected to be voted on today.

The bill was introduced earlier this month to fast-track public projects and strengthen the role of the new Infrastructure ministry, which was created after the fall election.

The act would allow BC to expedite building projects, such as new schools, hospitals, and housing, the government deems “provincially significant.” The act would not speed up the processes for pipelines, LNG facilities, low-barrier housing, or overdose-prevention sites.

But not long after its proposal, the bill gained a number of critics—and continues to spark opposition from multiple levels of government—over concerns that a faster process could allow important steps to be skipped, such as environmental assessments and First Nations consultations.

Not only are critics concerned that projects under the act would move too quickly, but they also say the bill itself is being pushed through at an alarming pace, as it was introduced a mere three weeks ago.

House Leader Mike Farnworth set a time allocation, meaning a final vote on the bill must happen before 8pm tonight.

Local First Nations say consultation is a concern

At a protest Monday in downtown Victoria, Tsartlip Nation Chief Don Tom said the “era of trust” between First Nations and the province will be broken if Bill 15—and the similarly controversial Bill 14, which expedites energy projects—is passed.

Tom says there are no clear safeguards in the bill to stop the cabinet from skipping over crucial consultation with Indigenous communities. Premier David Eby has said these consultations will be protected, but Tom isn’t so sure.

“Mr. Eby is a snake oil salesman. He’ll tell us how great it is, what the benefits are, but we know, in reality, that it will do us no good,” said Tom.

Tom says, despite language in the bill that affirms Indigenous consultation must take place, Eby’s government has “consistently” failed to include First Nations in planning.

Infrastructure Minister Bowinn Ma apologized Monday for the lack of consultation on Bill 15 before its proposal, saying she incorrectly assumed First Nations leaders were fine with waiting to consult at a later date.

Ma proposed an amendment to Bill 15 that would create stronger protections for Indigenous and environmental consultations, but it was shot down by Conservatives and BC Greens’ Rob Botterell, who said the changes did not go far enough to ensure consultations took place.

Botterell is calling to waive the time limit to vote by the end of the current parliamentary session—which closes May 29—so the bill can continue consultations over the summer.

Earlier this month, the First Nations Leadership Council (FNLC)—representing multiple Indigenous leadership groups—wrote an open letter asking the province to “kill” both Bill 15 and Bill 14.

“Premier David Eby has insisted on hastily making them law, refusing to work with First Nations to amend them and disregarding the necessity of obtaining consent prior to their passing,” said the letter.

On Monday, FNLC chiefs released a follow-up letter saying a May 15 meeting with Eby did not convince them that their concerns were being taken seriously. They wrote that the development of the bills did not follow the process set out by the Declaration on the Rights of Indigenous Peoples Act (DRIPA), a UN law protecting Indigenous governance, which the province adopted in 2019. According to the letter, Eby acknowledged in the meeting that his government failed to apply DRIPA consultations to the bills.

On Tuesday, the BC Civil Liberties Association (BCCLA) sent a letter urging the province to withdraw Bill 15 for its violation of DRIPA. The association says the act gives the infrastructure minister power to acquire land through purchase, lease, or otherwise, which, theoretically, could include land under Indigenous title claims.

South Island leaders say municipal plans could be ignored

Local mayors have also objected to the bill. View Royal Mayor Sid Tobias said in a release last week that Bill 15 would allow the province to override municipal planning and bylaws for projects deemed important.

“Despite their titles, these bills do not empower or enable municipalities—they do the opposite,” Tobias said.

Tobias said that at a recent meeting with regional mayors—who represent 250K citizens in total—many attendees were completely unaware of Bill 15 and Bill 14 due to “zero” consultation.

Sooke Mayor Maja Tait says the language in Bill 15 is too murky.

“Without clearer definitions, this opens the door to unintended consequences and undermines the democratic systems that communities rely on to shape their futures,” Tait said in a release.

Tait slammed the province for delaying projects like the Sooke Health Centre and improvements to Sooke Elementary—both projects, she says, should be considered significant by Bill 15’s standards, but haven’t been flagged for fast-tracking.

Tait is also worried that the new act could override municipalities’ Official Community Plans (OCP), saying it creates legislative contradictions with other laws.

Eby and Ma push forward with the bills

Despite the growing chorus of opposition, both Eby and Ma have defended the bill.

Ma says current infrastructure processes are not keeping up with the demand of a quickly growing province and that Bill 15 could solve the problem by cherry-picking the most important projects to expedite.

Ma says continuing consultations on Bill 15 would only waste time getting “shovels in the ground” for important projects.

“The act is tabled as it is. There’s no more consultation on the act itself,” Ma said.