Province Announces Temporary Amendments to DRIPA: What It Means for Businesses and Communities
The Ridge Meadows Chamber of Commerce is closely monitoring recent provincial changes to the Declaration on the Rights of Indigenous Peoples Act (DRIPA), following the BC government’s decision to pause certain elements of the legislation for up to three years. This temporary adjustment is intended to provide stability while the courts clarify how UNDRIP should be applied within provincial law.
Background: Why This Matters Now
On Thursday, the Province announced a pause on provisions of DRIPA that could require immediate alignment of BC laws with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). This decision follows a significant ruling involving the Gitxaała Nation, which challenged BC’s mineral claims system - an online process that previously allowed mineral rights to be registered without consultation with affected First Nations.
The BC Court of Appeal found that DRIPA, combined with the Interpretation Act, gives UNDRIP immediate legal effect. This interpretation raised concerns across the business community about the reliability of existing laws, approvals, and regulatory processes.
What DRIPA Is
Passed in 2019, DRIPA is BC’s framework for implementing UNDRIP. It:

• Affirms that UNDRIP applies in BC
• Requires provincial laws to be aligned with UNDRIP over time
• Commits the Province to working collaboratively with First Nations

• Courts can interpret existing laws through a UNDRIP lens
• DRIPA obligations may be legally enforceable
• Provincial laws could be challenged if found inconsistent with UNDRIP

• Prevent further immediate reinterpretation of laws
• Allow the courts - including potentially the Supreme Court of Canada - to clarify whether alignment with UNDRIP must occur immediately or progressively
• Maintain ongoing engagement with First Nations

• Legal interpretation is accelerating. Courts are applying UNDRIP in real time.
• Policy is attempting to stabilize. Government is working to maintain clarity while legal questions are resolved.
• Perspectives are diverging. Some view these developments as increasing uncertainty for investment; others express concern about delays in reconciliation commitments.