CANADA, July 9 - The Province, in partnership with First Nations, is moving to the third stage of consultation and engagement on improving the Heritage Conservation Act, which was last substantively updated 30 years ago, in 1996.

Project background

For many years, people and organizations that interact with the act – First Nations, industry, landowners, professional archeologists, heritage organizations and more – have raised challenges with the act and its administration.

These include a lack of awareness of the presence of heritage on properties, lack of clarity regarding First Nations’ role in the management of their cultural heritage, unintended impacts to protected heritage sites, and project delays.

A number of recent improvements have been made under the current act to address challenges raised, including revisions to existing processes and policies that have reduced the act’s permitting timelines for residential projects by 24% since January 2024 and will see reduction in turnaround times across all sectors; as well as improving resources for landowners navigating rebuilding after disasters. Some administrative amendments were also made to the act in 2019.

However, it has been broadly recognized that substantive amendments to the act and the regulations it enables are necessary to address key deficiencies in the current state of protection, management and conservation of heritage in B.C., including:

• lack of awareness of the presence of protected heritage sites that leads to preventable impacts, permitting delays and project uncertainty;
• the administration of multiple act permits, each averaging 300 days for review and processing with the need for permits often discovered mid-project, that leads to costly work stoppages and unanticipated delays; and
• significant changes in the recognition and interpretation of First Nations rights, authority and jurisdiction since the act was last substantively updated in 1996 and the passage of the Declaration Act.

In 2021, the minister of forests was mandated to partner with First Nations through the joint working group on First Nations Heritage Conservation to engage broadly with First Nations and stakeholders to improve the act.

Mandating process

The minister was given a mandate for two project phases with broad engagement, prior to returning to cabinet for a mandate to conduct a third phase of engagement to refine potential legislative and regulatory changes and, ultimately, develop updates to the legislation. Phase 1 engagement was undertaken in 2022–23, with feedback from 108 First Nations and 188 stakeholder organizations. Engagement included 12 audience-specific sessions to understand specific needs of archeology and heritage professionals, the land and resource development sector, the construction and real estate industry, and local and federal government agencies, seven First Nations sessions, written submissions and an online survey.

Phase 2 engagement was undertaken in 2023, with feedback from 43 First Nations and 184 organizations. Engagement included stakeholder and First Nations sessions.

A mandate has now been given to undertake Phase 3 engagement between July and early October 2025 with First Nations, stakeholder organizations with interest in the act, and the general public.

Following Phase 3 engagement, legislative amendments will be developed in consultation and co-operation with First Nations and with feedback from stakeholders, with a goal to table updated legislation in spring 2026.

What we heard

Feedback received to date can be distilled into four core needs:

1. Speed up permitting decisions, prevent unanticipated and unnecessary delays, and reduce costs for project work under the act.
2. Help people and communities rebuild quicker after disasters, such as wildfires and floods.
3. Protect heritage more effectively, reducing the risk of accidental damage to sacred or historic sites.
4. Strengthen the role of First Nations in decision-making about their own heritage and ancestors, consistent with the Declaration Act.