The Declaration on the Rights of Indigenous Peoples Act (DRIPA, also known as the Declaration Act or Bill 41) is the core legislation defining British Columbia’s reconciliation efforts with Indigenous Peoples. Its history is tied to the global United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted by the UN General Assembly on September 13, 2007. UNDRIP affirms Indigenous rights to self-determination, lands, resources, cultures, and free, prior, and informed consent on matters affecting them.
Federally, the Canadian government initially voted against UNDRIP in 2007 but endorsed it in 2010 under a conservative government with qualifications. In 2016, the federal Liberal government fully committed to implementation without reservations. British Columbia moved faster provincially. In September 2017, the NDP government under Premier John Horgan announced it would align provincial laws with UNDRIP principles, making BC the first Canadian province to pursue such legislation.
Intensive consultations followed with Indigenous groups, including the First Nations Leadership Council (comprising the BC Assembly of First Nations, First Nations Summit, and Union of BC Indian Chiefs). On October 24, 2019, the government introduced Bill 41. It passed third reading and received royal assent on November 28, 2019, unanimously—a rare cross-party consensus in the Legislative Assembly. BC thus became the first jurisdiction in Canada (and one of the first worldwide) to enact UNDRIP-based legislation into domestic law.
DRIPA’s core provisions include:
- Affirming UNDRIP as the framework for reconciliation in BC.
- Requiring the government to take measures to align provincial laws with UNDRIP.
- Mandating annual reports and collaboration with Indigenous Peoples.
- Establishing processes for joint decision-making and consent agreements (Section 7).
- Directing development of an action plan.
Section 3 states that UNDRIP “is affirmed as the framework for reconciliation,” while the government must prepare and implement measures consistent with it. In 2021, amendments to BC’s Interpretation Act further reinforced that all laws must be interpreted consistently with UNDRIP where possible.
The Declaration on the Rights of Indigenous Peoples Act Action Plan (2022–2027), released on March 30, 2022, is a five-year roadmap mandated by Section 4 of British Columbia’s Declaration on the Rights of Indigenous Peoples Act (DRIPA). It provides a whole-of-government approach to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in BC.
The plan outlines 89 priority actions across four main themes:
- Self-Determination and Inherent Right of Self-Government — Supporting Indigenous governance, laws, and institutions.
- Title and Rights of Indigenous Peoples — Advancing rights recognition, lands, resources, and shared decision-making in areas like natural resource management.
- Ending Indigenous-Specific Racism and Discrimination — Addressing systemic racism through anti-racism measures, education, and cultural safety.
- Social, Cultural, and Economic Well-Being — Improving outcomes in health, education, housing, justice reform, language revitalization, and economic opportunities.
Examples include reforming justice systems, enhancing heritage protections, and supporting economic reconciliation. Critics of the plan have called it a clear attempt to form a parallel system of governance within the province, creating chaos in the process.
As of early 2026, it remains the key framework guiding BC’s UNDRIP alignment efforts.
Implementation faced challenges. Early court interpretations varied; some decisions treated DRIPA as aspirational rather than directly enforceable.
As of January 21, 2026, threats to fee simple property rights in British Columbia stem primarily from judicial interpretations DRIPA.
Key developments include:
- The August 2025 B.C. Supreme Court ruling in Cowichan Tribes v. Canada declared Aboriginal title over ~800 acres in Richmond (Tl’uqtinus site), finding it a “prior and senior” right that renders some Crown-granted fee simple titles defective or infringed. The court required good-faith negotiations to reconcile Indigenous title with private ownership but did not extinguish private titles outright. This sparked widespread concern, uncertainty for landowners, lenders, and developers, and claims of potential precedent for broader challenges to private property.
- The December 2025 B.C. Court of Appeal decision in Gitxaala Nation v. British Columbia affirmed DRIPA’s immediate legal effect, ruling the province’s free-entry mineral tenure system inconsistent with UNDRIP/DRIPA principles (e.g., free, prior, and informed consent). While focused on Crown resources, it heightened fears of broader legal overrides affecting land rights and investment.
These rulings have fueled perceptions of risk to fee simple security, with critics (e.g., Fraser Institute, business groups, B.C. Conservatives) arguing DRIPA creates constitutional and economic instability by prioritizing Indigenous rights over private ownership.
In response, Premier David Eby announced in late 2025 and early 2026 that the government would introduce amendments to DRIPA (and potentially the Interpretation Act) in the spring 2026 legislative session. The proposed changes aim to clarify that courts cannot use DRIPA to invalidate provincial laws outright, protect private property rights from certain title claims, and preserve government authority over resource decisions. These plans have drawn criticism from Indigenous leaders and organizations, who view them as a step backward, undermining reconciliation progress and hard-won legal advancements. Some First Nations describe the move as frustrating collaborative gains and risking economic certainty through eroded trust.
As of January 2026, DRIPA remains in force, but the proposed revisions highlight ongoing tensions between reconciliation commitments, judicial interpretations, and economic priorities in BC. The legislation’s evolution continues to shape Canada’s broader path toward implementing Indigenous rights.