Heritage act changes to have sweeping effect on land development in B.C.
Proposed Changes to B.C. Heritage Act Aim to Broaden Protection and Increase Indigenous Oversight
The B.C. government is in the process of overhauling the province’s heritage conservation legislation to expand protections and enhance Indigenous oversight of development on public and, in some cases, private land. The changes are part of an effort to update and modernize the existing Heritage Conservation Act, which has been in place since the 1990s.
Forests Minister Ravi Parmar, who is leading the transformation of the Act, emphasizes the need for a system that better reflects shared values and commitments. “The Act is how we protect important cultural and archeological sites in B.C., but the current system doesn’t work well for people,” says Parmar. “I am committed to ensuring our collective work will lead to a system that will support faster permitting, better planning, and more meaningful discussions with people, communities, industry, and First Nations.”
The proposed changes come after a joint exercise between the province and First Nations that began in 2021. While the government has offered briefings to local government officials and other stakeholders, some have raised concerns about the lack of involvement from municipalities in the development of the amendments.
According to a 19-page discussion paper on the transformation project, the proposed changes include requirements for archeological data checks before issuing development permits, subdivision approvals, and for certain entities. The Act would also expand protections to include a wider range of heritage values, such as cultural landscapes, mortuary landscapes, and intangible cultural heritage.
The government attributes the expansion of protections to the enabling legislation for the UN Declaration on the Rights of Indigenous Peoples, which was unanimously enacted by the legislature in 2019. The proposed changes also aim to provide Indigenous nations with greater involvement in the management and protection of their heritage interests on provincial government land through joint or consent-based agreements.
While the government states that Indigenous nations will not be subject to penalties and permitting for certain heritage-related activities on Crown land, there are concerns about the potential impact on private land. Operational agreements, which can be imposed without cabinet approval, could apply to both Crown land and private land.
The government plans to wrap up the engagement process before the house sits in October and draft the revised Act for introduction in the spring 2026 legislature session. Public input is welcome, and a survey is available on the website for the transformation project.
The proposed changes also include regulatory authority for archeologists, a prohibition on the trade of heritage objects, and penalties for severe contraventions of the Act. However, there is a proposal to exempt First Nations from penalties and permitting for certain activities on Crown land.
Overall, the government aims to balance the protection of heritage sites with the needs of development, while ensuring Indigenous involvement in the preservation of cultural and archeological treasures in B.C.
