Heritage Conservation Act

The Heritage Conservation Act has as its stated purpose, “to encourage and facilitate the protection and conservation of heritage property in British Columbia”.  The Act is administered by the Ministry of Community, Aboriginal and Women’s Services and more specifically, by the Heritage Branch.  The Branch is most well known for its administration of popular heritage hotspots like the Barkerville Townsite, Emily Carr House and Hat Creek Ranch.

General Heritage Protection

The Heritage Conservation Act prohibits a number of actions that will damage heritage values.  While much of the Act relates to protecting Provincial heritage sites or objects (see below), there are some provisions that provide automatic protection to objects or sites with heritage values, regardless of whether the provincial government (or anyone else) has recognized those values.  The Act states a person must obtain a permit from the Minister of Community, Aboriginal and Women’s Services before they may:

·          damage or alter a burial place with historical or archeological value;

·          damage or alter First Nations rock paintings or carvings with historic or archeological value;

·          damage, alter or remove any heritage object from a site that contains artifacts or other evidence of human habitation or use before 1846.

Culturally modified trees (trees which were modified by First Nations people’s use) are often protected under this last category. 

If the Minister believes that a site or property with heritage values may be at risk due to potential development he or she may issue a stop work order and may have Ministry staff investigate the site or object.  Depending on the outcome of the investigation, the site or object may be formally designated as a Provincial Heritage Site or Object. 

Provincial Heritage Sites/Objects

The Act establishes a Provincial heritage register to record sites that the provincial cabinet recognizes as having particular “Heritage Value”.  “Heritage value” refers to “the historical, cultural, aesthetic, scientific or educational worth or usefulness of a site or object.”  The designation may refer to anything that fits that description; for example, a First Nations culturally modified tree, a midden, an old farm site or an historic bank building.

The provincial government may designate Provincial heritage sites and objects where necessary to protect heritage values.  The Act sets out a procedure for designation that involves notice to interested parties.  Once designated, a person requires a permit from the Minister before he or she may:

·          damage, desecrate or alter a provincial heritage site or provincial heritage object,

·          remove a heritage object (including one not designated) from a heritage site, or

·          Damage or alter a heritage wreck, including removing a heritage object from it.

Moreover, since the existence of the Provincial heritage site or object will be recorded in the Registry, there can be no question (after damage has occurred) as to the original heritage value of the site or object; this makes it easier to hold anyone who is caught breaking the Act responsible. 

The Minister may also purchase property with heritage values in order to better manage or protect the property.

First Nations Heritage Protection

Under the Act, the government may enter into formal agreements with First Nations for the conservation and protection of heritage sites and heritage objects that represent the cultural heritage of the First Nation.  Such agreements can provide protection to particular sites or objects by listing them in the agreement; individuals will then require a permit from the minister before they can alter or disturb those sites or objects. 

Heritage Trust

The British Columbia Heritage Trust is a crown corporation established under Part 3 of the Act.  The Trust lists as its objects: 

·          to conserve and support conservation of heritage sites and objects;

·          to gain further knowledge about BC’s heritage;

·          to increase public awareness, understanding and appreciation of BC’s heritage; and

·          to undertake such other activities related to BC’s heritage as the minister may authorize.

The trust can acquire and manage heritage properties, enter into agreements for heritage protection with any person or government, and provides grants or other support for heritage conservation efforts, among other things. 

Related Guide Pages:

·          Aboriginal Rights and Title

For more information about the Heritage Conservation Act:

·          Electronic copy of the Heritage Conservation Act

·          Heritage Branch of BC Ministry of Community, Aboriginal and Women’s Services

·          British Columbia Heritage Trust website.

·          Heritage Planning: A Guide for Local Government (BC government publication)

·          Heritage Conservation: A Community Guide (BC government publication)