Heritage Conservation Act information sessions

The Ministry of Forests will be hosting a set of regional information sessions for local governments to present its intentions for heritage conservation legislation this fall. The Province has sent notice of these sessions directly to UBCM members. We encourage members to attend these sessions, which UBCM will attend virtually. Members may register by contacting the Ministry.   

UBCM’s Proposal for a technical working group 

UBCM has communicated to the Minister of Forests that the best option to move the HCA transformation process beyond the current impasse is to create a technical working group of First Nations, local government and business representatives. The Minister has not taken up this proposal, and instead is offering these information sessions.

We have also asked that before passing a sweeping overhaul to the current legislation, the Province pilot implementation in a few communities to refine the key concepts for the legislation. This option has been dismissed by the Province out of hand as being impossible, but UBCM continues to believe that there is precedent and a means for doing so. We maintain that this would be a wise course of action for all parties and will strengthen the support for the final legislation. 

Background 

The approach adopted by the Province to renewing the antiquated HCA has been a matter of considerable concern and action for UBCM since last August. 

UBCM has maintained from the very start of this process that it is important for the Province to renew the HCA, improve archaeological conservation, and work with First Nations leaders as it develops potential changes to the existing legislation. We have also said that the Province’s decision to work exclusively with First Nations leaders when determining solutions to amend the legislation left local governments outside of the most critical step of the policy process. 

The resulting proposals did not appropriately balance the full range of interests held by the various stakeholders and demonstrated gaps that would have benefited from the inclusion local government expertise. While the Province has addressed some of the concerns that have been identified, these have been piecemeal. 

Earlier this spring the Province shared a technical policy paper and asked for feedback within a 30-day window. UBCM, local governments, business organizations and others responded to this opportunity, providing detailed input. However, the fact that the province had a three-column briefing document that outlined proposed changes to legislation just days after the close of the input period indicated that the Province did not take sufficient time to consider and integrate the feedback provided. To ensure UBCM’s ability to speak publicly about the proposed changes and to affirm the need for a more transparent, collaborative approach to renewing the HCA, UBCM declined to sign a non-disclosure agreement to review the Province’s briefing document. 

Next Steps for UBCM 

All indications point to the Province introducing amendments to the HCA in the fall legislative session that are aligned with the technical policy paper. UBCM has dedicated considerable resources to this file, and that will not change. 

Currently, we are reaching out to technical experts among our membership to gather additional information on their concerns with the current proposals tabled by the Province. We will also continue to engage with the Province to seek a better course of action consistent with our proposals for a technical working group and pilot program for key elements of the legislation and potential regulation. Local governments or member First Nations that have additional comments on the technical policy paper are invited to contact our policy staff.