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The B.C. NDP's proposed overhaul of the Heritage Conservation Act is framed as a "modernization" but faces significant criticism.

The Eby government claims the changes will bring "faster and easier permitting" and a "Stronger First Nations role in the management of their cultural heritage." However, after reviewing the details and speaking with independent journalist Odessa Orlewicz of Liberty Talk Canada, it appears the proposed changes are unlikely to achieve both goals.

Instead, the government is quietly binding the province's system to the UN-based Declaration on the Rights of Indigenous Peoples Act (DRIPA), disregarding the rights of all British Columbians.

Regarding my episode I did yesterday about BC NDP wanting to make ludicrous additions to the "Heritage Conservation Act" (that episode pinned here on X.) Below- an important formal response to NDP from yet another group -the ICBA, about how this could paralyze BC. I marked in red… pic.twitter.com/iriDpwUWFZ

— Odessa Orlewicz (@OdessaOrlewicz) November 12, 2025

For decades, the Heritage Conservation Act has covered what is commonly considered heritage: archaeological sites, artifacts, and physical evidence of past human activity, which developers must appropriately manage when discovered during projects.

The government’s proposed changes would broaden rhetoric boundaries of what is “appropriate,” causing significant concern for many businesses.

The Independent Contractors and Business Association (ICBA) warned against expanding the definition of heritage to include "intangible or non-place-based heritage." They argued that archaeology is inherently the study of tangible evidence, making it "impossible to regulate what cannot be seen or touched." Attempting to apply permitting rules to "intangible heritage"—like stories, songs, or traditions—is "unworkable and is certain to be a recipe for endless debate, conflict, and litigation."

The association’s letter continued: “These proposed changes will make that goal impossible to achieve. Adding more obligations to an already overwhelmed Heritage Branch will only slow approvals.”

The NDP's rewrite of the Heritage Conservation Act, originally for protecting historical evidence, risks weaponizing it. If intangible "heritage" triggers permits, vetoes, or land-use restrictions, it could severely undermine British Columbia's ability to build and function as a modern province.