Heritage Conservation Act Transformation Project - Backgrounder PDF
What We Heard Report: First Nations - Heritage Conservation Act PDF

EXECUTIVE SUMMARY

Overview of Heritage Conservation Act Transformation Project

First Nations and stakeholders (external and internal) in B.C. have consistently raised significant issues with the Heritage Conservation Act (HCA, the Act) and its administration over many years. First Nations continue to call for increased protection of culturally important sites and the implementation of the Declaration on the Rights of Indigenous Peoples Act (Declaration Act) to make the HCA consistent with, and to meet the objectives of, the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration). While there have been several initiatives undertaken over the years to review and improve the Provincial heritage conservation and management framework, there continue to be challenges with the HCA and its administration.

The Declaration Act Action Plan 2022-2027, a five-year plan which commits the Province to advancing a number of initiatives, includes Action 4.35, which states that the Province will “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.” This commitment to working collaboratively with First Nations to reform the HCA is central to this transformative work.

The Joint Working Group on First Nations Heritage Conservation (JWGFNHC) has served as a primary conduit for collaboration between the Province and First Nations representatives on matters relating to heritage conservation and management since its inception in 2007, as mandated through resolutions of the B.C. Assembly of First Nations, First Nations Summit, and Union of B.C. Indian Chiefs. The JWGFNHC, which includes representatives appointed by the First Nations Leadership Council (FNLC) and the provincial government, and the Alliance of B.C. Modern Treaty Nations

(ABCMTN), which serves as a direct connection to Modern Treaty Nations, are key bodies for the co-development of the Heritage Conservation Act Transformation Project (HCATP). The Province acknowledges and respects the unique and distinct relationship with the eight Nations with whom it has signed modern treaties, and is committed to upholding all constitutional obligations and the principles outlined in the Shared Priorities Document. The objective of this collaborative work is to align the HCA with the UN Declaration and transform the Act to better meet the needs of all British Columbians.

Beginning in July 2022, engagement with First Nations, Modern Treaty Nations, external stakeholders (industry, heritage and archaeological professionals, local/regional governments, construction and land developers, etc.), and internal stakeholders (B.C. government employees who regularly interact with the HCA or are involved in broader cultural heritage management) was undertaken for Phase 1 of  the HCATP. 

This report provides an overview of feedback received from participants during Phase 1 engagement with First Nations and Modern Treaty Nations (July-October 2022). Feedback from engagement with stakeholders is included in a separate report. 

Key Findings

• Colonialism underpins the HCA. First Nations laws, protocols, values and traditional/Indigenous knowledge must be better reflected in the HCA;
• Decision-making needs to recognize and respect First Nations laws, protocols, and customs;
• First Nations as decision-makers;
• First Nations should have the authority to define heritage, including intangible heritage, and to specify sites for protection;
• More comprehensive protections are needed, to include sites identified as possessing intangible heritage and cultural importance, and better protections are necessary for First Nations burial sites and ancestral remains;
• Greater consideration should be given to cumulative effects on heritage sites;
• Protections should be proactive rather than reactive;
• Resources are needed to support First Nations in heritage management, including the availability of suitable repositories;
• Insufficient resourcing at the Archaeology Branch and within the Compliance and Enforcement Branch continues to have significant impacts to heritage management in B.C.;
• The HCA lacks adequate compliance and enforcement tools; and
• First Nations should have a greater role in compliance and enforcement.

ACKNOWLEDGMENTS

The Joint Working Group on First Nations Heritage Conservation (JWGFNHC) gratefully recognizes the Lheidli T‘enneh, Tk’emlúps te Secwépemc, Skwah First Nation, Squamish Nation, and Songhees Nation upon whose lands these important in-person discussions were undertaken. We acknowledge and honour the past and present First Nations Elders, knowledge keepers, and stewards of these lands and reaffirm the importance of a robust conservation and management regime for heritage and culture in B.C.

The JWGFNHC would like to thank its members and technical support staff from the Union of B.C. Indian Chiefs and the Province:

Further, this report has been informed by the substantial contributions from Shana Thomas Consulting and Rhonda Knockwood (Nakatohkew Consulting) who facilitated the in-person and virtual engagement sessions and collated the initial feedback analysis. The subsequent quantitative and qualitative analysis of feedback was undertaken by R.A. Malatest & Associates Ltd.