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.

Lead Ministries: Forests; Tourism, Arts, Culture and Sport

Year started

1

Current year

4

How far along
is this work?

3

How complicated
is this work?

3

Are there
challenges?

2

How are we
working together?

How are we working together?

The Heritage Conservation Act Transformation Project (HCATP) is being led through the Joint Working Group on First Nation Heritage Conservation (Joint Working Group) with input from the Alliance of BC Modern Treaty Nations (Alliance).The Heritage Conservation Act (HCA) consultation and co-operation plan outlines in detail how the Province will consult and co-operate with First Nations on this work, taking a distinctions-based approach.

The first two phases of engagement (Phase 1 in summer – fall 2022, and Phase 2 was fall 2023) included five in-person and four virtual engagement sessions with First Nations, as well as an online survey, written submissions and government-to-government meetings as requested. Feedback was received by way of oral commentary during engagement sessions and meetings, responding to questions via interactive presentation voting software and through survey responses and written submissions.

In spring 2025, the B.C. government, in consideration of the feedback received, provided direction on the scope and timing for proposed changes to the HCA, initiating the third phase of the project. Phase 3 consultation and co-operation opportunities were designed and led by the Joint Working Group and included five virtual engagement sessions, government-to-government meetings, written submissions, an online feedback form and a new public-facing website and public survey.

A submission to the Province with proposed changes to the HCA is now being developed collaboratively by the Joint Working Group, with input from the Alliance. Feedback received from First Nations, First Nations organizations, local governments, stakeholders and the general public is being incorporated into this submission.

Are there challenges?

The amount of interest and engagement in the HCATP during phase 3 engagement led to a decision to provide additional time and opportunities for parties to review proposed changes to the HCA in greater detail and provide meaningful feedback.

Public dialogue and understanding of alignment of laws work indicate a need for increased education among stakeholders and the public to support successful implementation of proposed changes to the HCA. Limited public understanding of the current legislation and misinformation in the media created challenges in phase 3 engagement. Project materials were updated accordingly and a plan for continued public education and outreach is being explored to support implementation.

Due to current fiscal constraints, there is no dedicated funding or resources at this time for implementation of the proposed changes; however, changes will be phased in over time to support successful implementation.

Highlights

In spring 2025, the B.C. government confirmed that the HCATP remained a priority and provided direction on the scope and timing of proposed changes to the HCA.

Following this direction, consultation and co-operation with First Nations and engagement with local governments, stakeholders and the general public for phase 3 of the HCATP was held between July- November 2025.Phase 3 consultation, co-operation and engagement focused on the 50+ proposed changes and how best to implement them.

Throughout phase 3: 

  • Written materials were provided to First Nations, local governments and stakeholders that provided an update on the project and outlined the proposed changes and key engagement questions.
  • Virtual engagement sessions were held for First Nations (three full day and one half day), local governments (one half day) and stakeholders (two half day) during August and September.
  • Written submissions were welcomed, and feedback forms were created as a voluntary option to assist with providing feedback.
  • Government-to-government meetings with First Nations and meetings with First Nation organizations, local government and key stakeholders were hosted upon request.
  • The Joint Working Group on First Nations Heritage Conservation presented at the November 2025 First Nations Leaders’ Gathering.
  • A new public-facing website was launched with information on the proposed changes, practical examples, frequently asked questions and a survey for the general public to complete.

There were high levels of participation in phase 3 engagement. Across all forms of engagement, there was representation for 101 First Nations, five Indigenous organizations, 90 local governments, four local government organizations and 144 individual organizations. The public survey received 2,037 submissions.

Feedback heard through the above means is being incorporated into a submission of proposed changes to the HCA for consideration by the Province. First Nations will have an opportunity to review the submission subject to confidentiality protocols.

Previous years’ progress

Progress shows: Action 4.35. 
Year started: 1. 
Current year: 3. 
How far along is this work? 
implementation. 
How complicated is this work? 
notable complexity. 
Are there challenges? 
moderate challenges. 
How are we working together? 
notable engagement.

Highlights

During 2024, policy analysis and research were undertaken based on the feedback heard from First Nations and stakeholders during phase 1 and 2 engagements on the Heritage Conservation Act Transformation Project to support next steps. While no broad engagement activities took place during 2024 after the project pause, Ministry of Forests project staff met with individual First Nations on request. Input from these meetings and what was heard in phase 1 and 2 has continued to inform work on transforming the Heritage Conservation Act. Pending provincial government direction in Spring 2025 on project scope and timing, the Heritage Conservation Act Transformation Project team looks forward to broad engagement with First Nations and stakeholders on the next phase of the project.

How are we working together?

The Heritage Conservation Act Transformation Project is being led through the Joint Working Group on First Nation Heritage Conservation (Joint Working Group) with input from the Alliance of BC Modern Treaty Nations (Alliance). The Heritage Conservation Act consultation and co-operation plan outlines in detail how the Province will consult and co-operate with First Nations on this work, taking a distinctions-based approach. This has set the foundation for the collaborative development of resources and materials and has informed two submissions seeking government direction 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-to-government meetings as requested. Feedback was received by way of oral commentary during engagement sessions and meetings, responding to questions via interactive presentation voting software, and through survey responses and written submissions. 

Upon consideration of feedback, a joint decision was made to amend project timelines to develop a more comprehensive package of amendments, to ensure proposals are responsive to First Nations’ input and to allow more time for consultation and cooperation with First Nations and engagement with stakeholders and the public.

As informed by the what we heard reports to date, the Joint Working Group is preparing a submission for Spring 2025, with input from the Alliance to seek provincial government direction on proposed policy scope and timing for potential legislative introduction. Pending provincial government direction, proposed legislative changes to the Heritage Conservation Act will then be co-developed with First Nations in accordance with the consultation and co-operation plan.

Are there challenges?

Current public dialogue and understanding of alignment of laws work and shared decision-making agreements indicate a need for increased education among stakeholders and the public to support successful implementation of Heritage Conservation Act changes. A comprehensive engagement plan is being developed which will include public outreach and education. Pending direction in Spring 2025 on proposed timing for potential legislative introduction, comprehensive consultation and co-operation with rights holders and engagement with stakeholders may be a challenge. 

Progress shows: Action 4.35. Year started: 1. Current year: 2. How far along is this work? implementation. How complicated is this work? notable complexity. Are there challenges? notable challenges. How are we working together? notable engagement.

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.

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.