British Columbia is poised to significantly update its Heritage Conservation Act, a move that critics fear could drastically impact property owners across the province. The proposed changes, intended to align with the Declaration on the Rights of Indigenous Peoples Act (DRIPA), aim to broaden the definition of heritage sites to include intangible cultural elements, raising concerns about increased costs and delays for landowners.
Key Takeaways
- Proposed amendments to the Heritage Conservation Act could affect all property owners in B.C.
- The changes aim to include intangible heritage, such as spiritual or ceremonial value, alongside physical sites.
- Critics worry about increased expenses, project delays, and a lack of certainty for property owners.
- The province states the updates will improve clarity, transparency, and speed up permitting processes.
Broadening Heritage Definitions
The planned overhaul of the Heritage Conservation Act (HCA) follows recent significant court rulings concerning Indigenous title and the enforceability of DRIPA. The amendments seek to expand the scope of heritage protection beyond physically identifiable Indigenous sites to encompass elements with spiritual or ceremonial significance, or other intangible cultural values. This expansion has drawn considerable criticism from local governments, developers, and legal experts.
Concerns Over Property Rights and Economic Impact
Port Coquitlam Mayor Brad West expressed strong opposition, suggesting the proposed changes could make "just about every square inch of the province" subject to heritage permit requirements for any ground-breaking activity. This, he argues, would not only slow down development but also deter investment in the province, affecting all types of construction projects, from housing to infrastructure.
Lawyer Tom Isaac, an expert in Indigenous law, echoed these concerns, stating that while the HCA needs modernization, the proposed amendments could create uncertainty and unpredictability for property owners. He questioned the feasibility of asking private landowners to protect intangible heritage elements like stories or spiritual connections to the land, deeming it potentially unfair and dependent on unverifiable assertions.
Provincial Response and Future Outlook
Andy Watson, a spokesperson for the Ministry of Forests, which oversees the HCA, stated that the amendments are designed to improve compliance, enhance clarity, and reduce surprises for project initiators. He described the process as a "multiyear collaborative effort" aimed at better protecting cultural sites, increasing transparency, and expediting permitting, particularly for communities needing to rebuild after disasters.
The province has extended its consultation period and plans to introduce revised legislation, likely this year, incorporating feedback received. Developer Kevin Layden remains skeptical, anticipating that the changes will add complexity and delays to an already lengthy provincial approval process, rather than solving core issues.
