Throughout 2026, BCREA will be looking back to years past in celebration of our 50th anniversary. Join us as we break down some of the biggest moments for the Association and the real estate sector at large.

The British Columbia Heritage Conservation Act (HCA) was originally enacted in 1977. It replaced the previous Archaeological and Historic Sites Protection Act and was intended to further strengthen the protection of archaeological sites on both public and private land.

An excerpt from the 2012 Real Estate Council of BC’s Professional Standards Manual outlines the function and implications of the HCA as:

“The intent of the Heritage Conservation Act with respect to archaeological sites is to balance a respect for heritage and a property owner’s right to develop, (though) some private landowners may face costly archaeological studies and / or limited use of their land.

“The Heritage Conservation Act is concerned with activities that may alter heritage sites automatically protected under the legislation. While it is not likely to affect properties where there is no intended change of use, it could have an impact where a change in that use is contemplated (e.g., subdivision, new construction, construction of an addition or pool).”

The HCA has been a hot political topic in recent months. In 2025, the provincial government announced a set of proposed amendments that immediately drew significant criticism due to the lack of adequate consultation to help inform the real-world and unintended consequences. In response to this feedback, particularly from key private-sector stakeholders, the BC Government extended the consultation period and endeavoured to draft a revised set of changes.

The latest proposal has addressed many concerns, but continues to draw criticism from the private sector because of the perceived continued lack of consultation on the design of proposed changes.

In light of policy concerns around land usage and property ownership related to the recent Cowichan Tribes v. Canada decision and the Declaration on the Rights of Indigenous Peoples Act, some organizations are calling for a moratorium on changes to the HCA until these issues can be clarified in the courts.

The HCA has long served to help protect critical archaeological areas within the province. And, once it completes its current process of modernization, it’s sure to be an important resource for the real estate sector in the years to come.

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