If you plan to develop real estate in BC, be aware that the government is proposing significant changes to the province’s heritage conservation framework which could potentially delay development of some sites by up to two years.

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The proposed updates to the Heritage Conservation Act, which are scheduled to be introduced in spring 2026, would expand what qualifies as protected heritage and increase Indigenous involvement in development permitting on public, and potentially private, land. Much of the legislative work has been co-developed with First Nations since 2021, with municipalities and other stakeholders brought into the process later and under non-disclosure agreements.

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Proposed changes suggest wide-reaching implications. Local governments could be required to confirm archaeological data checks before issuing development, building, or subdivision approvals. Additional regulations may mandate such checks in prescribed situations, potentially including property sales or projects involving Crown corporations and critical infrastructure.

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The proposals also contemplate new regulatory authority for archaeologists, prohibitions on trading heritage objects, and steep penalties (up to $100,000 for individuals and $1 million for businesses) for serious contraventions. At the same time, certain heritage-related activities by First Nations on Crown land may be exempt from penalties and permitting requirements.