The First Nations Leadership Council is advocating for changes to British Columbia’s Heritage Conservation Act, which hasn’t been significantly updated since 1996.
“The current HCA reflects colonial notions of ‘heritage’ that ignore and erase First Nations cultural heritage and fail to protect what is most sacred to our peoples,” said Chief Jerry Jack, board director of BC Assembly of First Nations. “The regulatory framework provided for in the HCA prevents First Nations from protecting our sacred sites, the sanctity of our belongings and the remains of our ancestors in accordance with our traditional laws and customs.”
He states that the transformation is crucial for dismantling systemic discrimination in provincial law, upholding First Nations’ inherent rights and jurisdiction, and protecting heritage for all British Columbians.
Modernizing this outdated legislation began with phase one engagements in 2022.
Robert Phillips, First Nations Summit Political Executive and FNLC representative on the Joint Working Group on First Nations Heritage Conservation, said the process is now in its third phase—consulting with First Nations, local governments, and stakeholders on draft legislative proposals based on previous feedback.
“The door is wide open for anyone to provide input at this critical time, before the Request for Legislation, and then the legislation itself, is drafted,” he urged. “We cannot allow fearmongering to derail a process that will deliver better protection, more transparency, and faster decisions for everyone.”
An online survey is currently open and will close at 4:00 p.m. on October 1, 2025.
For many years, First Nations and stakeholders have raised numerous concerns about the HCA. A summary of these issues is outlined in a backgrounder on the transformation project.
Proposed reforms underscore Indigenous values and rights, decision-making, protections, and resourcing to support heritage management. The more detailed list is extensive, with multiple recommendations and potential solutions.
For instance, new tools and mechanisms could better support earlier consideration of heritage values and better land-use decisions. Addressing a backlog of heritage site records would create more protection. Requiring that cultural protocols for managing ancestral remains and burial places be followed under HCA permits is another long-standing priority.
“For far too long, First Nations’ sacred sites, cultural heritage, and even our ancestors’ remains have been left unprotected under provincial law,” said Grand Chief Stewart Phillip, president of the Union of BC Indian Chiefs. “According to section 3 of the Declaration on the Rights of Indigenous Peoples Act and Article 19 of the UN Declaration, the Province must work with First Nations to make legislative changes that affect us.
“This is exactly what is happening. Let me be clear: protecting First Nations heritage strengthens British Columbia’s heritage. We will not allow misinformation or political opportunism to undermine this work. We urge all British Columbians to stand with us in protecting what is sacred.”
Photo: Namgis First Nation Totem poles, Namgis Burial Grounds, the Village of Alert Bay, Cormorant Island, British Columbia.
