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B.C. Faces Debate Over Updating Heritage Protection Laws

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Calls Grow for Changes to B.C.’s Heritage Conservation Act

Communities, local leaders and developers across British Columbia are stepping up calls for changes to the Heritage Conservation Act (HCA) — the province’s key law that governs how archaeological and heritage sites are protected, managed and assessed. Critics say the current rules are slowing rebuilding efforts after disasters and driving up costs for infrastructure projects, prompting renewed discussions about how the law should work going forward.

The HCA has not seen major amendments since 1996, even though the number of known heritage and archaeological sites in the province now exceeds 64,000, with the vast majority of these linked to First Nations histories and cultural practices.

Rebuild Projects Stalled by Archaeological Processes

In the Interior, the village of Lytton — still recovering from a devastating 2021 wildfire — highlights how the current system can hamstring rebuilding. Officials there say that requirements to assess land for archaeological significance under the HCA have forced costly delays and added uncertainty to everyday construction and recovery work, including basic infrastructure repairs and home construction.

While some provincial archaeological grants help defray expenses, many property owners and municipalities argue that the overall permitting and assessment process can stretch timelines and budgets beyond what is practical for ongoing recovery efforts, especially in areas where land is known or suspected to contain heritage material.

Proposed Modernization Effort Underway

The Province, working with the First Nations Leadership Council and other stakeholders, has been engaging on proposed updates to the HCA for several years. Through a multi-phase consultation process, the goal is to modernize the law so it reduces red tape, speeds up permitting and planning, provides greater transparency about heritage site data, and clarifies roles and decision-making responsibilities — particularly for First Nations communities whose heritage sites are protected under the act.

Officials say that part of the proposed update includes streamlining the permitting process so decisions are made faster and more predictably, helping communities rebuild after wildfires or floods. Another focus is enhancing protections to reduce the risk of unintentional damage to sacred or historically significant places.

Local Governments Want More Input

While the broad goals of updating the HCA have been supported by many heritage experts and Indigenous groups, local governments and municipal associations have raised concerns that consultation hasn’t been sufficient. Some argue that new proposals could shift how archaeological data and permits are handled without clearly defined roles for elected bodies or safeguards against excessive delays and costs for developers and residents.

Those calls come as the Province continues its engagement and prepares to bring more detailed legislative proposals forward, aiming to balance heritage protection with land-use needs and public understanding of protected sites.

Why This Matters

The debate over the Heritage Conservation Act isn’t just about archaeology; it’s tied to how communities recover from natural disasters, how development and infrastructure projects proceed, and how Indigenous heritage and decision-making are reflected in provincial law.

Advocates for change want clearer, faster processes that protect significant sites without creating undue delays or financial strain, while those focused on heritage protection emphasize respect for cultural histories and formalized roles for First Nations in managing ancestral sites.

As discussions continue, the outcomes could reshape how land is developed, conserved and understood across British Columbia for decades to come.

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