October 21, 2025

As noted in previous newsletters, the Ministry of Forests is consulting until November 14 on several proposed changes to the Heritage Conservation Act (HCA). 

UDI has submitted a letter to the Minister of Forests, and a joint letter with the Greater Vancouver Board of Trade to the Heritage Conservation Act Transformation Act project team, calling on the Province to pause further progress on the proposed changes to the Heritage Conservation Act until: 

• Meaningful consultation can be conducted with the development sector and other key industries that are major drivers of the BC economy, along with local governments; and
• Robust testing and economic analysis are completed to determine the cost, risk, and time impacts of the proposed changes on housing projects. 

The impacts of the proposed changes are likely to be substantial and would occur at a time when the sector is already under extreme pressure. UDI encourages members to submit written feedback to the Ministry before November 14, to EngageHCA@gov.bc.ca.   

In addition, the Province is proposing additional legislative amendments in response to direct requests for changes from the Union of B.C. Municipalities (UBCM), the City of Vancouver and other local governments, to make it easier for First Nations and local governments to work together and better protect confidentiality and culturally sensitive information. Currently, local governments can only close meetings for a limited set of reasons that do not include First Nation relations. The amendments to the Community Charter and Vancouver Charter would allow local governments to hold closed meetings when discussing culturally sensitive and confidential information shared by First Nations, and require meetings to be closed during negotiations with First Nations or other local governments. 

The Province introduced the Miscellaneous Statutes Amendment Act (No. 2), 2025 to the legislative assembly on October 9, 2025. If passed by the legislative assembly, the changes to the Community Charter and Vancouver Charter would come into effect upon receiving royal assent. 

October 7, 2025

On September 24, the Minister of Forests provided a statement about extending the engagement process for modernizing the Heritage Conservation Act to mid-November. The news release cited that no decisions have been made to date, but the Ministry wants to ensure the legislation drafted will meet the needs of people in BC in the best way.  

The Ministry provided this link for anyone in BC to provide written feedback online, with the engagement open until November 14, 2025. 

September 9, 2025

The Ministry of Forests is currently consulting on several proposed changes to the Heritage Conservation Act (HCA), “… to ensure it is consistent with the UN Declaration on the Rights of Indigenous Peoples and improve how the HCA is implemented …”. 

The HCA “… encourages and enables the protection and conservation of sites with historical, cultural and/or archaeological value in B.C.,” and “… hasn't been significantly updated since 1996.” There are several proposed changes that could impact development projects as a number of the provisions would apply to fee-simple lands.  

One of the Province’s stated intentions is “Making Permitting Faster and Easier and Helping People and Communities Rebuild Quicker After Disasters.” They are proposing to “Replace the HCA’s current three permit structure with a single project-based permit model.” However, it is not clear how this would be operationalized and whether it would reduce the number of approvals needed.  

They are also proposing to allow the Government to modify permits “… for specific or specified circumstances (e.g., low impact activities such as small footprint developments or rebuilding within the same footprint …”. Under the proposals the Province would also be able to issue disaster response and recovery permits to speed up post-disaster recovery efforts.  

It is not clear how the new HCA would work within the Permit Connect B.C. framework that is intended to streamline and simplify the way permits are issued by the Province through better coordination.   

Delays may also occur because there are not enough archeologists for the work that could be generated by the new HCA.  

In terms of municipal processes, the Ministry is proposing to “… require local governments to see proof of an archaeological data check prior to issuing development and building-related permits and authorizations.” There would be similar provisions for new subdivisions, and potentially data checks would be needed when properties are sold. 

There are other proposals that could impact new developments – especially if they were to be applied to fee-simple sites – or public lands needed for roads and infrastructure to service development sites. For example, there is a proposal to seek First Nations consent on statutory decisions and decision-making criteria that may include considering: 

• “First Nations information, knowledge, policies and/or laws;”
• “Cumulative impacts of affected sites;” and
• “Negotiated mitigations/accommodations.” 

The Ministry is also looking at mandating that proponents submit a “record of engagement” with First Nations as part of their permit applications, and bolstering “… the provincial government’s ability to issue permits that include terms and conditions surrounding compensatory conservation work (e.g., enhanced site recording, sampling and analyses, monitoring, other measures to address loss of heritage).” 

They are also proposing to expand the scope of Operational Agreements between First Nations and the Government on Crown and private lands. Under the proposals, many of these agreements (depending on the scope of them) could be approved by the Minister as opposed to the current need for Cabinet approval. The items that could be included in these Agreements include: 

• “Additional/alternative permitting requirements for protected heritage sites …;”
• “Continued use of sites;” and
• “Public engagement agreements.” 

The Ministry also wants to “Enhance the definition of heritage (and related definitions) to include a broader suite of First Nations values (tangible and intangible),” including for matters such as “cultural landscapes”.  

In addition, they are considering broadening the boundaries of heritage sites through “heritage management zones”. There may also be requirements in these zones to conduct archeological data checks and additional archeological work. Archeological works may also be compelled through future regulations in other circumstances, “(e.g., heritage management plans, agreements, sites at risk from development activities).” They are also proposing to “Implement a duty to report heritage finds.” 

In terms of enforcement and compliance of the HCA, the Province is reviewing several tools, including: 

• “… violation tickets for minor contraventions …;”
• Administrative monetary penalties, with substantial fines - “… up to a maximum of $100,000 for an individual and to a maximum of $1,000,000 for a corporation;” and
• Clarifying their “… authority to publicly disclose specific information related to contraveners and offenders …”. 

UDI will be meeting with Ministry staff regarding the HCA proposals on September 9th, and will be responding to the proposals. Last week, the Ministry released a survey regarding the changes that will be on their consultation webpage until October 1st. For additional information, please see the Ministry’s Primer on the initiative. 

July 15, 2025

In partnership with the First Nations Leadership Council, the Ministry of Forests is moving forward to the next stage of consultation and engagement on modernizing the Heritage Conservation Act. The act, which regulates the protection, management and conservation of cultural and heritage sites in B.C., was last updated in 1996. 

Phase 3 engagement with First Nations partners, stakeholders and the public will take place from July to October 2025, as collaborative work continues toward tabling updated legislation in the spring of 2026. The engagement process, which launches in the coming weeks, will include engagement sessions and an opportunity for the public to provide feedback through an online survey. 

The intended outcomes are: 

• Making permitting faster and easier, to avoid waiting for multiple permits and navigating unclear rules and processes;
• Helping people and communities rebuild quicker after disasters such as wildfires and floods;
• Protecting heritage more effectively, reducing the risk of accidental damage to sacred or other significant sites; and
• Strengthening the role of First Nations in decision-making about their own heritage and ancestors, in alignment with the Declaration on the Rights of Indigenous Peoples Act. 

The proposed policy direction would not automatically restrict more land from development, nor will it apply to shared decision-making on private property. UDI will provide feedback as part of this engagement process. If UDI members are interested in contributing to this feedback, please contact the UDI Policy Team at policy@udi.org.  

More information, including backgrounder documents, can be found on the July 9 news release from the Ministry of Forests.