Heritage Conservation Act
Overview
Dates: August 28 to November 14
Who: The Ministry of Forests
What: Updating the Heritage Conservation Act (HCA)
Where: Province-wide
Why: Update the HCA to benefit all people in B.C. and ensure it is consistent with the UN Declaration on the Rights of Indigenous Peoples
How: Online
What is the Heritage Conservation Act update about?
The Heritage Conservation Act (HCA) encourages and enables the protection and conservation of sites with historical, cultural and/or archaeological value in B.C. These sites hold physical evidence of how and where people lived. Many of these sites in B.C. are culturally sensitive, contain ancestral remains, and have important sacred and spiritual value to First Nations in B.C. Altering these protected sites without a permit is prohibited under the Act. Learn more about these permits (PDF, 1MB).
Significant changes have not been made to the HCA since 1996. This project aims to update the HCA to address concerns that have been raised for a long time, including:
- Making permitting faster and easier
- Helping people and communities rebuild quicker after disasters such as wildfires and floods
- Protecting heritage more effectively, reducing the risk of accidental damage to sacred or other significant sites
- Strengthening the role of First Nations in decision-making about their own heritage and ancestors, in alignment with the Declaration Act
- Increasing transparency and access to information (including making it easier to find out if there is a protected site on your property) to support planning and development decisions
The Joint Working Group on First Nations Heritage Conservation (JWGFNHC), which includes members appointed by the First Nations Leadership Council (FNLC) and the B.C. Government, has been leading the HCA transformation process. The JWGFNHC serves as a forum for collaboration between the Province and FNLC on heritage matters.
For more information, visit the engage site
Project background
The purpose of the Heritage Conservation Act (HCA) is to encourage and enable the protection and conservation of cultural heritage in B.C. There are over 64,000 protected heritage sites in B.C. and 90 percent of these sites are of First Nations origin. To date, the Project has included two phases of engagement:
Phase 1: Summer and Fall 2022
Identified priority areas for change through broad engagement with First Nations and stakeholders. A backgrounder document was developed to inform dialogue:
Phase 1 Engagement Backgrounder (PDF, 1.5 MB)
Outcomes from Phase 1 engagement are outlined in the following What We Heard Reports:
- Phase 1 What We Heard Report – First Nations (PDF, 798 KB)
- Phase 1 What We Heard Report – Stakeholders (PDF, 575 KB)
Phase 2: Fall 2023
Broad engagement on proposed short-term changes with First Nations and stakeholders.
Outcomes from Phase 2 engagement with First Nations and stakeholders is outlined in the following Phase 2 What We Heard Report (PDF 1 MB).
Engagement in 2023 indicated that the proposed changes were in the right areas, but First Nations and stakeholders desired more robust, longer-term changes. In January 2024, a decision was made to develop a broader scope of proposed changes for future legislative session(s).
Phase 3: Summer 2025 – Summer 2026
From summer through fall 2025, the Province engaged with First Nations, local governments, stakeholders and the public to gather additional feedback to inform policy proposals to modernize the Heritage Conservation Act (HCA).
In March 2026, a Technical Policy Paper that incorporated significant feedback was publicly released for further engagement, and to increase public transparency on proposed changes. This detailed HCA Technical Policy Paper, along with ongoing feedback from First Nations, local governments, stakeholders and the public will help the Province to develop updated legislation that works better for all people in British Columbia.
Who the Province has engaged with in Phase 3
For a summary and detailed list of the Province’s robust engagement with local governments and stakeholders in Phase 3, please visit the engage site.
How the HCA has evolved through engagement
Policy proposals have and will continue to evolve, as the Province receives further input. The HCATP Technical Policy Paper outlines several key policy changes in response to engagement feedback. Examples of these updated policy changes outlined in the HCATP Technical Policy Paper include:
- Intangible heritage references removed
- Heritage Management Zones removed
- Greater clarity provided on scope of proposed shared decision making on scope operational agreements with First Nations
- Compliance and enforcement agreements removed
- Consent-seeking language on permit decisions removed
- Records of engagement requirement removed
- Greater clarity provided on application of heritage information archaeological checks
Related engagements
