B.C. business leaders overwhelmingly say DRIPA is undermining economic certainty | Daily Hive

David Eby. (Government of BC)

The results of a new survey by the Business Council of British Columbia (BCBC) suggests growing concern among business leaders over the BC NDP-led provincial government’s highly controversial approach with maintaining the Declaration on the Rights of Indigenous Peoples Act (DRIPA).

The survey was conducted after Premier David Eby made it clear his government would not introduce legislation this spring to amend or suspend DRIPA, despite making repeat previous promises for months that he would take urgent action to address the uncertainty created by the act.

Critics argue the requirements for consultation and consent with First Nations under DRIPA are too uncertain, making it hard to predict costs, timelines, and legal risks for projects and developments. That uncertainty has added to concerns about delays, investment and the overall business climate in the province due to the BC NDP’s overall approach with First Nations reconciliation, which has been highly secretive.

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According to BCBC, 98 per cent of respondents — senior executives and decision-makers of businesses, industry associations, and post-secondary institutions across B.C. — indicated they are “very concerned” about DRIPA applying across all provincial laws, while the same share said the legislation is not fulfilling its original promise of creating greater investment certainty in the province.

The findings come amid ongoing debate over the future of DRIPA and recent flip-flops in the provincial government’s position on possible amendments to the legislation. Recent court decisions that uphold DRIPA — compounded with other court decisions and ongoing litigation related to Aboriginal title on private and public lands, as well as proposed legislative changes to the Heritage Conservation Act and other reconciliation measures — have contributed to growing investment uncertainty in the province.

At the time DRIPA was introduced and approved by the legislature in 2019, the provincial government said the legislation aimed to “create further certainty for investment” while advancing reconciliation with Indigenous Peoples. But the opposite has proven true.

According to the survey, 74 per cent of business respondents said DRIPA is contributing to decreased investment plans in British Columbia, while 73 per cent cited increased “time, cost, complexity, or uncertainty” in obtaining permits. Other reported impacts included harder access to financing (41 per cent), slower or negative sales growth (36 per cent), decreased hiring plans (35 per cent) and balance sheet pressures linked to project delays (32 per cent).

Only three per cent of respondents said DRIPA had reduced permitting complexity or uncertainty, while no respondents reported increased investment or hiring plans tied to the legislation.

“There’s been a huge shift since 2019, when the vast majority of people supported DRIPA as a way to advance reconciliation and create the certainty investors need,” said BCBC president and CEO Laura Jones.

“The desire to work with Indigenous communities to create prosperity for all remains strong but the message from business leaders is clear: DRIPA isn’t working.”

Despite concerns over implementation, the survey found broad support for reconciliation efforts. More than 80 per cent of respondents agreed that “finding a path forward on reconciliation with B.C.’s First Nations is important.”

Survey respondents also expressed dissatisfaction with how reconciliation policy has been communicated, with 83 per cent disagreeing that the provincial government has clearly articulated its vision for reconciliation.

When asked what government should do with DRIPA, 59 per cent of respondents supported repealing the legislation, while 31 per cent favoured amendments. Only two per cent said the act should remain unchanged.

“The business community wants to advance durable reconciliation that protects the public interest, promotes prosperity, and helps close the socioeconomic gaps still experienced by too many Indigenous people,” said Jones.

“That’s not in question. What is in question is how to achieve that when the only certainty many investors see in British Columbia right now is uncertainty. It’s up to the government to find a better path forward and to explain how it will work for all British Columbians.”

The provincial government and First Nations leaders intend to find a solution to DRIPA that addresses the concerns of both sides before the next legislative session in Fall 2026.

In December 2025, the judgement for an appeal court decision over the mineral claim-staking system asserted that the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) — expressed through DRIPA in B.C. — now provides a lens through which all provincial laws must be interpreted and sets the minimum standards the provincial government must meet. Eby subsequently indicated he would amend the legislation in response to the uncertainty this creates, noting that it is the provincial government’s responsibility to perform reconciliation, not the courts.

But the premier later sided with First Nations after they expressed opposition to legislative amendments or suspension, and threatened prolonged litigation.

BCBC noted its survey was distributed to 297 individuals representing 190 companies and organizations, with 88 responses received from April 21 to 28, 2026. Of those who responded, 84 per cent identified as businesses, while 10 per cent represented industry associations and six per cent represented post-secondary institutions. The organization noted the results were not based on a random sample and were not weighted to reflect B.C.’s economic composition.

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