4.35

Work with First Nations to reform the Heritage Conservation Act to align with the UN Declaration, including shared decision-making and the protection of First Nations cultural, spiritual, and heritage sites and objects.

Ministry of Forests; Ministry of Tourism, Arts, Culture and Sport

Year started

1

Current year

2

How far along
is this work?

3

How complicated
is this work?

3

Are there
challenges?

3

How are we
working together?

Highlights

The Heritage Conservation Act transformation project (HCATP) has co-developed materials and resources through the joint working group on first nations heritage conservation, with input from the Alliance of B.C. Modern Treaty Nations. The first two phases of engagement with First Nations and stakeholders on the HCATP has successfully concluded. Analysis of feedback has led to two comprehensive What We Heard Reports available on the archaeology branch website. The co-development of an HCATP consultation and co-operation plan for First Nations has been completed which helped to inform initial policy thinking currently under development.

How are we working together?

Heritage Conservation Act transformation project work is being led through the joint working group on first nation heritage conservation, with input from the Alliance of B.C. Modern Treaty Nations. The HCATP consultation and cooperation plan outlines in detail how the Province will consult and co-operate with First Nations on the HCATP. This has set the foundation for the collaborative development of resources and materials, two Cabinet submissions, and two phases of What We Heard reports. The first two phases of engagement included five in-person and four virtual engagement sessions with First Nations, as well as an online survey, written submissions and government-government meetings as requested. 

In phase two (fall 2023) engagement, 63 individuals representing 43 First Nations and eight First Nation organizations participated in two virtual engagement sessions, while upward of 258 participants representing 176 different organizations attended two virtual external stakeholder sessions. Participant feedback was received by way of oral commentary during the sessions, responding to questions via interactive presentation voting software, and by written submissions. The next phase will include opportunities for further consultation and co-operation.

Are there challenges?

Initial target timelines to introduce proposed legislative amendments within this mandate to ensure consistency with the UN Declaration are inadequate, as indicated by feedback from phase two engagement with First Nations. Current public dialogue and understanding of shared decision-making agreements indicate a need for increased education among stakeholders to support successful implementation of HCATP. As such, project timelines are being amended to allow for development of a more comprehensive package for future legislative sessions, allowing more time for consultation and co-operation with First Nations to ensure the proposed legislative amendments are more responsive to First Nations feedback, and to provide for additional engagement with stakeholders.

Previous years’ progress

2022/2023 progress details

Action 4.35 – Year 1 progress image shows: How far along – implementation, how complicated is the work – some complexity, are there challenges – notable challenges, how are we working together – notable engagement.

Highlights

Phase 1 engagement with First Nations and stakeholders on the Heritage Conservation Act Transformation Project (HCATP) has successfully concluded. Analysis of feedback and the drafting of ‘what we heard’ reports is well underway. The co-development of an HCATP Consultation and Co-operation Plan for First Nations has been completed, while the co-development of a Request for Decision (RFD) to move to Phase 2 is in progress.

Indicators

  • Implementation project underway: Co-developed Heritage Conservation Act Transformation Project (HCATP) materials and resources through the Joint Working Group on First Nations Heritage Conservation (JWGFNHC), with input from the Alliance of Modern Treaty Nations, to support Phase 1 engagement with First Nations and stakeholders.
  • Number of engagement participants in programs and events:134 participants representing 98 First Nations, 2 Tribal Councils, 4 Treaty Societies and 15 First Nations organizations participated in two virtual and five in-person Phase 1 engagement sessions, or by way of Nation-requested government-to-government meetings, while upwards of 300 persons representing 173 organizations across 11 sectors/interest groups attended external stakeholder sessions. Participant feedback was received by way of oral commentary during the sessions, written submission or through an online survey.

How are we working together?

HCATP work is being led through the JWGFNHC, with input from the Alliance of BC Modern Treaty Nations. Phase 1 included in-person and virtual engagement sessions with First Nations, as well as an online survey, written submissions and government-to-government meetings as requested. An independent Indigenous facilitator was retained under contract with the Union of BC Indian Chiefs to deliver First Nations engagement and prepare a ‘what we heard’ report. Engagement with the Métis Nation of British Columbia has also been undertaken. Phases 2 and 3 will include opportunities for further engagement, consultation and co-operation. The HCATP Consultation and Co-operation Plan outlines in detail how the Province will consult and co-operate with First Nations on the HCATP.

Are there challenges?

Target timelines to introduce proposed comprehensive legislative amendments within this mandate may not provide adequate time for consultation and co-operation including the collaborative co-development of policy options and proposed legislation with First Nations, as well as necessary engagement with stakeholders.