HCA Summary of Policies
| Topic | Details | Notes |
|---|---|---|
| Types of Heritage | Heritage objects (personal property) and heritage sites (land) that have hentage value to BC, a community, or an Indigenous people. Heritage value is deined as having "historical, cultural, aesthetic, scientific, or educational worth or usefulness" Hentage wrecks are the "remains of a wrecked vessel or aircraft" |
The province may define the types of hentage objects/sites, as well as Site boundaries.Included within the Act are burial places, rock paintings and carvings, artifacts, wrecks, archaeological materials or features, and evidence of human habitation. |
| Heritage Recording | Heritage sites, objects, buildings, structures, or "other heritage property" must be recorded in the Heritage Register. | Heritage sites that are post-1846, as well as some federally recognized sites, are recorded in the BC register of Historic Places through the Heritage branch. These do not include archaeological hentage. |
| Agreements with First Nations | The province may enter into a formal agreement with a First Nation for the management or conservation of teir heritage sites or objects. A treaty First Nation may include laws in their final agreement for the conservation and management of heritage sites and Objects within their treaty area. |
The Minister must consider any policies regarding heritage management with the Haida Gwaii Reconciliation Act as if they are provincial heritage policies. |
| Heritage Protection | Burial places, rock art, heritage wrecks, and pre-1846 sites are automatically protected (even if they are not recorded). Heritage sites may be protected through an agreement with a First Nation. Heritage sites or objects may be designated for protection. |
Some heritage places" may be formally recognized rather than designated. In these cases, they are included in the heritage register but they are not officially protected. |
| Heritage Designation |
A heritage obiect or site, including a whole or part of a property or multiple properties, may be designated a provincial heritage site or provincial heritage object. | Processes and requirements for designation, including notifying property owners, are included in Part 2 Division 1 of the HCA. |
| Permits | All permit applications are reviewed by the archaeology branch. The Minister may approve, amend, or refuse any permit application. |
Burials, rock paintings and carvings, wrecks, registered sites, and unregistered sites or objects predating 1846 cannot be damaged. desecrated moved, removed, altered, excavated, or covered, without a valid permit. |
| Heritage Inspection Permits |
Permits for inspecting the land to determine the presence of a site. Inspections are low impact, using archaeological methods. |
This process can be triggered by development (through a development permit application), through application by an individual or community for various reasons, or by Ministerial order for registered and unregistered sites. |
| Heritage Investigation Permits |
Permits for investigating an archaeological site to gather significant information for research and recording purposes. Investigations are higher impact and often include excavation through archaeological methods. |
This process can be triggered by development (through a development permit application), through application by an individual or community for various reasons, or by Ministerial order for registered and unregistered sites. |
| Site Alteration Permits |
Permits for altering and removing archaeological objects or sites after an inspection and/or investigation has been completed and all archaeological material has been recorded. | These are provided by the archaeology branch when a developer wants to continue a project where archaeological material exists. |
| Fees and Compensation |
Property owners may apply for financial compensation from the provincial government within 1 year if hentage registration decreases the market value of the property. The individual who applies for a permit must pay the required fees. If property is damaged during investigation, the property owner is entitled to repairment at the expense of the government, or compensation if repairment is not possible. |
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| Powers and Enforcement | The HCA is legally binding and prevails over other legislation regarding heritage. A stop work order that prohibits the alteration of property for 120 days may be issued by the Minister if a property is considered to have heritage value or if heritage is likely to be, is being, or has been altered. The Minister may delegate or sub-delegate their powers and duties under the HCA to a person in any ministry of government, excluding the power to authorize or establish an advisory committee for heritage conservation. Interference with an inspection or an investigation is not allowed. |
Non-compliance with the Act regulations may result in an injunction, a restoration or compliance order, or legal charges. If a person is charged with offense under this Act, then they are liable to a fine of up to $50,000 andlor up to 2 years imprisonment. If a corporation is charged with offense under this Act, then they are liable to a fine of up to $1,000,000. |