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Intended outcomes

On this page:

• What the Heritage Conservation Act update is about
• Faster and easier permitting
• Quicker disaster recovery
• Better heritage protection
• Stronger First Nations role in the management of their cultural heritage
• Greater transparency and information access

For more information on commonly asked questions, please visit the FAQs.

What the Heritage Conservation Act update is 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. 

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, to avoid waiting for multiple permits and navigating unclear rules and processes 
• 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 Provincial government, has been leading the HCA transformation process. The JWGFNHC serves as a forum for collaboration between the Province and FNLC on heritage matters.  

Intended outcomes of proposed changes to the Heritage Conservation Act include:

Faster and easier permitting

What is the goal: reduce wait times and simplify the process to get a permit under the Heritage Conservation Act.

Some of the ways we will be achieving this goal:

• Replace 3-permit system with a single project-based permit
  • What does this mean? Currently, development can require up to three separate permits, leading to long delays and high costs. The proposed changes would replace this with one project-based permit that maintains consultation with First Nations at key stages and, in many cases, would proceed through HCA processes twice as fast. 

• Create a regulation-making authority to allow for modified permitting requirements for specific or specified circumstances
  • What does this mean? Currently, the HCA does not allow much flexibility to vary permit requirements in certain circumstances. The proposed changes would establish a regulatory authority with the power to create modified permitting requirements for specific situations. Modified permitting requirements could look like reduced archaeological requirements under a permit (reducing costs and timelines) for low-impact activities like building on top of imported fill, small-scale developments, rebuilding projects that stay within existing footprints, or cases where First Nations request alternative permitting processes. It would only be utilized in circumstances where damage or the risk of damage to heritage sites is minimal.

• Create specialized permits for disasters, research and conservation, and sector-based, multi-project permits
  • What does this mean? Currently, HCA permits do not distinguish between different types of projects. Whether someone is applying for a permit for a large development project, a university is applying for a research permit or a First Nation is applying for a permit to do cultural work, they all fall under the same permit application process. These changes would create several different types of permits that are better suited to the needs of each project type.

• Earlier engagement between First Nations and project proponents on heritage
  • What does this mean? The proposed changes create a requirement for a record of engagement to be included with permit applications (even if no engagement has taken place). Many proponents (e.g. permit applicants and developers) engage with First Nations prior to submitting an application and may agree on measures or accommodations to reduce impacts to First Nations interests in relation to heritage. This might include revising development location or building methods to minimize impacts to heritage or agreeing on the scope of archaeological work or involvement of First Nations in the project. This new step for proponents in the application process encourages developers to conduct and document early engagement with First Nations, which may streamline the Province’s consultation process and lead to quicker HCA permit decisions.

• Greater regulation of the archaeology profession
  • What does this mean? Currently the archaeology profession in B.C. does not have a formal regulating body. The proposed changes will improve regulatory oversight and establish a clear, consistent, accountable and culturally responsive regulatory framework for the archaeology sector. More work and engagement will be necessary to complete this change.

Quicker disaster recovery

What is the goal: Allow for flexibility in permitting during disaster situations  

Some of the ways we will be achieving this goal: 

• Create streamlined disaster permits for rebuilding after wildfires, floods and other disasters
  • What does this mean? Currently, communities affected by disasters sometimes face lengthy processes under the HCA for rebuilding. The proposed changes would create a new and faster permit for disaster situations which would allow people to rebuild quicker after experiencing a disaster.

• Allow for flexibility in permitting structure during disaster and emergency situations
  • What does this mean? Currently, communities affected by disasters sometimes face lengthy processes under the HCA for rebuilding. Currently, the HCA does not allow much flexibility to vary permit requirements in certain circumstances. The proposed changes would increase flexibility to adapt to the needs of each disaster or emergency scenario, including allowing certain urgent emergency work to take place without a permit (to address imminent threat to life or public health). In some situations, this may lead to reduced heritage protection and/or archaeological work. An example might be when a sewer line bursts within a heritage site and emergency repairs need to take place before a permit can be issued.

Better heritage protection

What is the goal: Greater protection of First Nations’ heritage 

Some of the ways we will be achieving this goal: 

• Broaden heritage definition to include Indigenous values and intangible heritage
  • What does this mean? Currently definitions related to heritage in the HCA are limited and do not include Indigenous values and intangible heritage. The proposed changes could enhance definitions to reflect a broader range of values such as intangible heritage, oral histories, cultural landscapes, language, place names, spiritual sites, and cultural traditions. This would not change what is automatically protected under the HCA, but would allow for recognition of a broader range of heritage sites and cultural practices under the HCA.

• Create clearer and easier pathways for recognizing and protecting a broader spectrum of cultural heritage sites
  • What does this mean? Currently the HCA provides automatic protection for a range of heritage sites, including ancestral remains, burial places, rock art and sites of human habitation or use prior to 1846 (note: automatic protection means these sites are protected if/where they are present, whether they are known or as-yet unrecorded). The proposed changes would clarify protections for certain types of heritage, such as culturally modified trees and heritage shipwrecks/aircrafts. The changes would also create a streamlined process for communities, such as First Nations and cultural groups in B.C, to seek recognition and/or protection for sites that do not meet the automatic protection criteria, without automatically encumbering more land from development. Changes to the HCA would make it easier for significant cultural places and cultural practices to be officially recognized, celebrated and promoted in B.C. This will include the recognition of fossils, which are not currently reflected in the HCA.

What is the goal: Strengthening the compliance and enforcement toolkit 

Some of the ways we will be achieving this goal: 

• Create violation tickets and administrative penalties for contraventions to the HCA
  • What does this mean? Currently, enforcement of heritage site protections is limited to compliance notices (written warnings), stop work orders and formal court prosecution, which can be costly and time-consuming. The proposed changes would add new compliance tools, including violation tickets and administrative penalties that would provide alternate tools to better address the severity and variety of offences.

• Implement a duty to report heritage finds
  • What does this mean? The proposed changes include a requirement for individuals to report newly discovered or suspected heritage sites and objects. This new requirement would improve the Provincial record of heritage sites and inform development planning and other land use decisions, reducing surprises. An example of this could be finding a projectile point, stone tool, or other cultural object while gardening or on a trail.

• Prohibit the possession, sale and trade of protected heritage objects
  • What does this mean? Currently it is not an offence under the HCA to possess, sell privately or trade protected heritage objects. This could include ancestral remains or stone tools taken from a heritage site. The proposed changes would make these activities an offence that could be subject to penalty. More work is required to determine how this will be implemented and will consider things such as possible fines and a penalty-free forfeiture process.

Stronger First Nations role in the management of their cultural heritage

What is the goal: First Nations rights, authority and jurisdiction over their cultural and heritage sites is recognized, affirmed and clear 

Some of the ways we will be achieving this goal: 

• Recognize First Nations’ right to care for and manage their own cultural heritage
  • What does this mean? The current HCA does not acknowledge First Nations’ rights to manage their own cultural heritage. Proposed changes will include the addition of a series of principles statements to the HCA to guide how the Act is read, administered and interpreted.

• Enable agreements between the Provincial government and First Nations governments, including shared decision-making for Crown land heritage decisions
  • What does this mean? Currently, heritage decisions on Crown land under the HCA are made by the Province. The proposed changes would allow for a range of agreements to be negotiated between the Province and a First Nation on heritage matters. Agreements could include the ability to:
    • Enable First Nations to influence operational decisions, such as how heritage information is shared between the Province and the First Nation (for example, which cultural protocols must be followed for heritage sites in the agreement area, or which requirements archaeologists must follow when working on heritage sites in the agreement area) 
    • Share heritage decisions on Crown land only in a defined area of a Nation’s territory (for example, decisions on how ancestral remains are respectfully treated within the agreement area, or a First Nation taking on more of a compliance and enforcement role in the identified area, such as through the Guardian program) 
    • Enable First Nations to apply their own cultural heritage laws on Crown land in a defined area of that First Nation’s territory (for example, this could include applying for a First Nations heritage permit instead of the HCA in these defined areas)
  • Prior to entering into any agreement, the Province would be required to assess and consider any implications of the agreement on affected parties. 

• First Nations to decide where ancestors and cultural objects are stored
  • What does this mean? Currently, cultural belongings and objects found while disturbing the ground during development projects go into a repository (such as a museum) that is approved by the Province.  This process excludes many First Nations who wish to hold their ancestors or cultural objects in their territories but do not have a repository approved by the Province. The proposed changes would establish a procedure where First Nations could opt in to a process to pre-determine where ancestors and cultural objects collected under an HCA permit are held and how they cared for.

• Remove barriers for First Nations managing heritage sites on Crown land
  • What does this mean? Currently, if a First Nation wants to use and maintain a cultural heritage site in their ancestral territory, the HCA requires the First Nation to apply for a permit. Proposed changes would clarify, in legislation, that certain activities conducted by a First Nation on Crown land, do not require a permit. Some examples include clam garden revitalization and harvesting, maintenance of heritage trails and the ability for individuals appointed by the First Nation to collect cultural objects at imminent risk of loss or destruction. 

Greater transparency and information access

What is the goal: Ensure early awareness of heritage site potential, responsibilities under the HCA and enhance access to and improve quality of archaeological data. 

Some of the ways we will be achieving this goal: 

• Require archaeological data checks before issuing building permits and property sales
  • What does this mean? The proposed changes would require certain parties, such as realtors and local governments, to check for the presence or absence of recorded protected heritage sites prior to property transaction or the issuance of a building and/or development related permits. This would limit unintended contraventions of the HCA and associated penalties and reduce the risk of project delays due to a surprise discovery during development. While this requirement may add an extra step in the process, the information to complete these checks can be obtained for free from the Archaeology Branch. 

• Make it easier to find out if heritage sites are present on properties
  • What does this mean? Currently, only parties with special permissions and signed confidentiality agreements can access sensitive heritage data and information. The proposed changes would enable a broader set of user groups (such as property owners and realtors) to access limited heritage data. Proposed changes could include a specific data layer on a mapping tool that shares limited details about whether there is a recorded protected site present or absent on a property. If someone is interested in purchasing a property, their realtor could access this data layer to confirm this information and help the potential buyer make an informed decision and plan accordingly. This would not compromise data confidentiality requirements or First Nations’ data sovereignty.

• Clarify how site boundaries are determined and how they influence permitting decisions
  • What does this mean? The proposed changes will clarify in legislation how heritage site boundaries are recorded with the Province. This will include how Indigenous knowledge and other reported information is considered in defining a heritage site boundary. This will improve transparency by making it clearer how these boundaries inform HCA permitting requirements.
• Create transparent and clear criteria about how HCA permit decisions are made
  • What does this mean? Currently, when decisions are made by statutory decision makers on permits under the HCA, it is not always clear to applicants how these decisions are made. The proposed changes will clearly define this decision-making process. Considerations will include:
    • Impacts to heritage sites
    • Public interest
    • Assessments of heritage value
    • Information provided by First Nations

The Updated HCATP Phase 3 Session Primer for Engagement with Local Governments and Stakeholders has been updated as of October 10 to provide greater clarity and more detail on certain policy proposals based on what has been heard through engagement to date. The original version of the HCATP Phase 3 Session Primer for Engagement with Local Governments and Stakeholders is still available to view.