On July 15, 2026, the BC government and Simpcw First Nation entered into a consent-based decision-making agreement (Agreement) for the environmental assessment and review of the Yellowhead Copper Project (Yellowhead Project).
The Yellowhead Project is an open-pit copper mine proposed by Trekor Metals Limited, located approximately 150 km northeast of Kamloops, BC Simpcw is part of the Secwépemc (Shuswap) Nation, and its traditional territory covers approximately 5,000,000 hectares in BC and Alberta. Trekor is not a party to the Agreement; however, it was involved in the industry engagement about the Agreement negotiations.
Under the Agreement, Simpcw consent is required for the Yellowhead Project to proceed. Although the Agreement currently applies only to the Yellowhead Project, it includes mechanisms to add other projects within Simpcw traditional territory.
The Agreement
The Agreement was concluded under section 7(1)(b) of British Columbia's Declaration on the Rights of Indigenous Peoples Act (DRIPA). This provision authorizes BC, for the purpose of reconciliation, to enter into agreements with an Indigenous governing body to establish a process for Indigenous participation in environmental assessments of mining projects. The Agreement applies only to Included Mine Projects (i.e., the Yellowhead Project and other projects added by the parties to the Project Appendix) and does not apply to statutory powers of decision under other provincial legislation.
The Agreement recognizes Simpcw's right to make a free, prior and informed decision about whether to consent to the Yellowhead Project. In particular, Simpcw consent is required for the Yellowhead Project to proceed within the Consent Area (shown in red on the map above), which may be amended by the parties. The Agreement also recognizes that two parallel but coordinated environmental assessments will proceed for the Yellowhead Project: BC's provincial environmental assessment under the Environmental Assessment Act and Simpcw's Indigenous assessment under the Simpcw Assessment Process Policy.
If the environmental assessment decision or Simpcw decision is judicially reviewed, BC and Simpcw agree to cooperate under the Agreement to the extent possible without compromising their legal positions in the proceedings.
Implications
The Agreement is not a finding of Aboriginal title and does not affect private property rights. However, the parties may add future mining projects in Simpcw traditional territory to the list of Included Mine Projects and agree to new consent areas.
On July 16, 2026, Simpcw Ku̓kwpi7 (Chief) George Lampreau stated:
“This agreement is not just about one project — it is about establishing how decisions on new mining projects will be made in our territory going forward, in a way that respects Simpcw's governance, our people and our responsibilities to future generations.”
Companies interested in mineral exploration and mining in the North Thompson region should therefore familiarize themselves with both BC's environmental assessment process and the Simpcw Assessment Process Policy.
The Agreement allows the Simpcw to determine the final terms and conditions of any environmental assessment certificate that is issued and Simpcw consent is a prerequisite to the Yellowhead Project getting the approvals it needs to proceed.
At present, BC has issued two environmental assessment certificates following environmental assessments that were subject to section 7(1)(b) DRIPA agreements (Section 7 Agreements): the Eskay Creek Revitalization Project (Skeena Resources Ltd.) and the Red Chris Expansion Project (Newcrest Red Chris Mining Ltd.). Tahltan First Nation led independent Indigenous environmental assessments for both of these projects in parallel with the provincial environmental assessments (pursuant to their rights under the relevant Section 7 Agreement), after which they provided Tahltan consent to BC proceeding to issue the environmental assessment certificates.
Lessons from the Tahltan Section 7 Agreements
On January 11, 2026, the Tahltan Central Government (TCG) issued a decision statement of consent for the Eskay Creek Project to proceed, subject to 38 legally binding conditions, including requirements for Skeena to develop specific plans for mine operations and engagement with the local community in cooperation with the TCG.
On May 22, 2026, the TCG provided notice of Tahltan consent for the Red Chris Project. Twelve conditions in the environmental assessment certificate were developed with TCG to mitigate impacts identified in the Tahltan risk assessment. These new conditions include a requirement that Newcrest develop an End Land Use and Social Closure/Tahltan Future Generations Plan to direct and inform reclamation and closure management and a Tahltan Human Health Monitoring and Management Plan.
The terms of the Eskay Creek Project environmental assessment certificate and the Red Chris Project environmental assessment certificate demonstrate how community objectives can shape project planning.
Takeaways
Proponents operating in areas where Section 7 Agreements are in place, and in BC more generally, should engage proactively with affected First Nations to understand community priorities, particularly around water quality and reclamation. Early engagement before detailed mine planning may help streamline consultation and permitting processes.
Bennett Jones' Aboriginal law and Mining groups help clients navigate Aboriginal law and regulatory issues in major projects, including securing approvals, building partnerships and managing risks to move developments forward with confidence. Please contact a member of our team for more information about this development.
