B.C. Announces Latest Proposed Changes To Heritage Conservation Act

On March 26, 2026, British Columbia released its Phase 3 Technical Policy Paper (“Policy Paper”) as part of the Heritage Conservation Act (“HCA”) Transformation Project, which aims to streamline permitting, support post-disaster rebuilding, improve heritage protections, and strengthen First Nations’ role in heritage decision-making under the Declaration on the Rights of Indigenous Peoples Act (“Declaration Act“). The HCA has been the subject of longstanding concerns regarding permitting delays, costs, and administrative burden associated with the current regime.

The Policy Paper outlines the Province’s latest proposed reforms, reflecting how those proposals have evolved following engagement with First Nations, local governments, industry, and other stakeholders. The Province has removed aspects of proposed reforms that had drawn significant stakeholder concern, including consent-seeking language for permitting decisions, compliance and enforcement delegation to First Nations, heritage management zones, and the inclusion of “intangible heritage” in the proposed definition of “heritage”. The practical effect of several of these removals will depend on the details of implementation, including forthcoming regulations and new processes, and will require further assessment as the legislative framework takes shape. The Province has published the Policy Paper for further stakeholder input before legislative amendments are brought forward, which are anticipated in fall 2026.

Background

First enacted in 1977, the HCA governs the protection and conservation of cultural heritage in British Columbia. Heritage sites and objects may be protected under the HCA automatically, through formal designation or through a section 4 agreement with a First Nation. Damage, alteration, excavation, or removal of heritage objects requires a permit or ministerial order.

The current regime has been the subject of concerns regarding cost, timelines, and resource requirements, and has been characterized by some stakeholders as insufficient in protecting First Nations’ cultural heritage.

Overview of Key Proposed Reforms

The following is an overview of the key proposed reforms as set out in the Policy Paper.

Permitting Reform: The Province proposes several reforms to streamline the HCA permitting process.

• Single Project-Based Permit: The Province proposes to replace the current three-permit framework with a single project-based permit model. The proposed structure would be modular, providing flexibility to align with development phases and allowing concurrent activities. The Province anticipates that consulting with First Nations on the entire project upfront could, in many cases, allow proponents to proceed to site alteration without applying for additional permits.
• Fit-for-Use Permits: The Province also proposes several “fit-for-use” permit types, including a “multi-project permit” for assessments and alterations over multiple areas in mining, forestry, and other natural resource projects.
• Modified Permitting Requirements: The Province proposes to enable regulations allowing modified permitting requirements in specific circumstances, with “off-the-shelf” permit modules available for streamlined activities such as rebuilding on the same footprint or activities with limited land disturbance.
• Statutory Decision-Making Criteria: The Province proposes to codify the criteria the responsible minister must consider when determining whether to issue a permit as follows: existing agreements and heritage management plans, impacts to heritage sites and objects, public interest, and submissions from affected First Nations. Earlier proposals that included whether affected First Nations had provided their consent among the statutory decision-making criteria have been removed. Whether this removal represents a material change in the Province’s approach to permitting decisions will become clearer as the legislative framework is finalized.
• Record of Engagement: Earlier proposals that would have required proponents to submit a record of engagement with First Nations as part of an HCA permit application have been removed. Submission of engagement records with permit applications will instead be treated as a recommended best practice rather than a statutory requirement.

Heritage Information Check: The Province proposes that local governments and subdivision approval authorities would be required to confirm completion of a heritage information check before issuing development or building permits or approvals involving ground disturbance. Regulation-making authority would also allow for additional circumstances where a check would be required, such as at property sales. While additional confidentiality protections for Indigenous knowledge are proposed, the Provincial Heritage Register is already publicly accessible under section 3(2) of the current HCA, subject to ministerial discretion to refuse disclosure and impose conditions on access. The expanded role the register would play under the mandatory heritage information check may give rise to considerations regarding the register’s existing accessibility framework as the proposed reforms are further developed.

Duty to Report Heritage Finds: Although HCA permit holders are currently required to report heritage finds as a condition of their permit, there is no legal obligation to report chance finds made where no permit is in place. The Province proposes to establish, through regulation, a legal duty to report archaeological and significant heritage finds.

Enhanced Agreements with First Nations: The Province proposes to enhance the framework for agreements with First Nations under the HCA. The proposed reforms would create a nation-to-nation agreement framework, with proposed agreement types including:

• Declaration Act Agreements: The HCA would enable agreements made pursuant to sections 6 and 7 of the Declaration Act, allowing for joint or consent-based decision-making on Crown land for specific provisions of the HCA. These agreements could govern modifying permitting requirements, granting exemptions to proposed prohibitions on possession, sale, and trade of heritage objects, and designating heritage sites and objects. Notably, Declaration Act agreements would not be enabled for permitting decisions. Provincial cabinet approval and consultation with affected parties would be required and the agreements would be publicly available.
• Operational Agreements: The Province proposes to expand the scope of section 4 agreements through a new framework of “operational agreements”, enabling First Nations to participate more meaningfully in operational matters related to their heritage, such as the collection, care, and management of heritage objects and ancestral remains. The expanded scope would include matters not currently contemplated under section 4, such as decision-making criteria, information sharing protocols, cultural protocols, archaeological methods, and public engagement agreements, as well as matters currently available to section 4 agreements. Operational agreements would require ministerial approval, consultation with affected parties, and to be made publicly available. Where a proposed operational agreement affects private landowner interests, the agreement of the private landowner would be required.

Heritage Management Plans (“HMPs”): A framework for HMPs is proposed to be established in legislation. An HMP, formalized through an agreement between parties such as First Nations, local governments, and industry groups, would allow parties to collectively agree on heritage management approaches within a defined area and would inform how HCA permitting decisions are made within that area.

Disaster Recovery: The Province proposes a range of tools to support heritage management during emergency situations which are intended to complement authorities in the Emergency and Disaster Management Act. These tools include emergency exemptions by way of regulation or ministerial order, a new emergency management permit, and regulation-making authority to modify permit requirements for disaster reconstruction and recovery.

Compliance and Enforcement: Under the proposed reforms, administrative monetary penalties would be available for severe contraventions of the HCA and violation tickets for minor contraventions. As a key change since Phase 2 engagement, earlier proposals that would have enabled the delegation of certain HCA compliance and enforcement powers to First Nations have been removed. The Province will instead pursue greater information sharing with First Nations through operational agreements and existing mechanisms such as Guardians programs. As with the removal of consent-seeking language, First Nations involvement in compliance and enforcement will continue through existing programs, and the extent to which this removal reflects a meaningful change in approach, if any, will depend on the details of implementation.

Regulation of the Archaeology Profession: The Policy Paper contemplates a regulatory framework for archaeologists conducting work under HCA permits. Archaeologists in British Columbia are not currently governed by a professional regulatory body, meaning there are no legislated qualification requirements, no mandatory standards of practice, and no formal accountability mechanisms. While the proposed framework may include a public-facing registry of qualified archaeologists with defined registrant categories, professional standards and guidelines, standards of professional conduct, and a formal compliance framework, the substantive details, including qualification standards, registrant categories, and compliance mechanisms, are not delineated in the Policy Paper. The practical impact of the proposal will depend on how these details are developed through subsequent regulation and engagement.

Earlier proposals had contemplated:

• Establishment of “heritage management zones” within the Provincial Heritage Register, reflecting areas reported to contain “heritage value” where such had not yet been verified through archaeological testing. As a key change since Phase 2 engagement, the Province has removed heritage management zones from the proposed reforms and will instead undertake additional analysis to address gaps in existing heritage data.
• Expanding the definition of “heritage” to include “intangible heritage”, described as “heritage sites and objects of particular spiritual, ceremonial, or other cultural value to First Nations”. The Province has removed “intangible heritage” from the proposed definition. However, this removal may have limited practical effect on the existing legal framework, as protections for sites of ceremonial, spiritual, or other cultural value to First Nations have long existed under the HCA through section 4 agreements, formal designations under sections 9 and 11.1, and the broad definition of “heritage value”, which encompasses historical, cultural, aesthetic, scientific, or educational worth. The constitutional duty to consult under section 35 of the Constitution Act, 1982 may further require that intangible heritage values remain a relevant consideration where such constitute protected rights.

The changes announced in Phase 3 engagement are notable in that, in each case, the Province has removed proposals that would have formalized or expanded upon existing elements of the HCA framework and the Province’s current approach to implementation, while continuing to pursue similar objectives through existing tools. Whether these removals represent substantive policy shifts, or simply changes in form, will depend on how the legislative framework and its implementation take shape. Notable implementation questions remain outstanding, including how disputes will be resolved where two or more Nations assert interests in the same area under Declaration Act agreements, operational agreements, or HMPs. Further, the substantive details that will determine whether the proposed single project-based permit model will reduce timelines and costs for proponents, including permit conditions, processing standards and consistency in applying and interpreting such standards, and the scope of concurrent activities, are expected to be addressed through future regulation and engagement. As these questions are resolved and the modernized HCA is implemented, the degree to which the proposed reforms deliver the practical improvements stakeholders have sought will become more apparent.

Next Steps

The Province will continue to gather feedback on the proposed amendments. Input received will inform the development of draft legislation, with legislative amendments anticipated to be tabled in fall 2026.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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