The British Columbia government is scaling back several proposed changes to the Heritage Conservation Act after further engagement with local governments and industry.
The province released a policy paper Thursday outlining revised amendments, after postponing the legislation earlier this year to allow for more consultation.
The government had planned to introduce changes this spring but said in January it needed more time to consult with industry, local governments, and First Nations.
The act governs archaeological assessments and permitting at cultural heritage sites in B.C., but it has not been significantly updated since 1996.
The province says the proposed amendments are intended to streamline permitting, help communities rebuild more quickly after disasters, and strengthen the role of First Nations in managing and protecting cultural heritage.
The Union of B.C. Municipalities has raised concerns about development costs and delays under the act, particularly for residential construction and renovations. Construction must stop if artifacts are discovered, allowing time for archaeological study and permitting. The law became a point of contention for Lytton residents, who said the processes caused for in rebuilding after the devastating 2021 wildfire.
Industry groups like the Association for Mineral Exploration also urged the province to delay the amendments.
The policy paper said the province will remove references to “intangible heritage” from the legislation after concerns the term was too vague.
The province also plans to drop “consent-seeking” language from permitting decisions, saying it created confusion. Section 35 of the Constitution Act, 1982 requires the province to consult First Nations when decisions may affect their rights. The province says it was not its intent to “create a new obligation” by implying that decisions would require First Nations approval to move forward.
The revised amendments would also to clarify the role of First Nations in heritage decisions. The province said agreements under the Declaration on the Rights of Indigenous Peoples Act will apply only to Crown land and be limited to certain parts of the act. It says First Nations would not be able to enter into agreements affecting private property without the landowner’s consent.
The province is scrapping a proposal to give First Nations formal powers through compliance and enforcement agreements. The paper said that while First Nations generally supported having enforcement authority, stakeholders and local governments raised concerns about governance, decision-making, and the potential for inconsistent enforcement across jurisdictions.
The legislation will also no longer include the creation of “heritage management zones,” which were intended to reflect that heritage sites may extend beyond known areas and impose additional regulations.
“During engagement, we heard concerns about the accuracy and completeness of the existing data in the Provincial Heritage Register and a desire for greater clarity around how these zones would be established and requirements when undertaking works within these zones,” the paper says.
The province said it will conduct further analysis to address gaps in heritage data and improve public awareness of the existing register.
A proposed requirement for proponents to submit a record of engagement with First Nations as part of permit applications has also been dropped, though the province says it will remain a recommended best practice.
The province still plans to require that local regulators see proof of a preliminary heritage check before approving permits, to identify potential issues early. It says the requirement will apply only to projects involving ground disturbance, with more consultation planned before regulations are finalized.
