UBCM, business groups refuse to sign NDAs related to B.C.’s heritage act changes

The Union of B.C. Municipalities and several business organizations say they are refusing to sign non-disclosure agreements related to changes to B.C.’s Heritage Conservation Act, saying the province is continuing to move forward on the legislation despite concerns.

But Forests Minister Ravi Parmar says he’s willing to push it back past the fall session to “get this right.”

UBCM, Urban Development Institute, Association for Mineral Exploration, Mining Association of B.C. and the Independent Contractors Business Association issued a statement Thursday (May 7) outlining concerns that the province is continuing to move toward introducing Heritage Conservation Act legislation in the fall without properly considering feedback provided during its latest consultation period.

The Heritage Conservation Act governs how landowners must deal with cultural sites on their property.

The provincial government has been trying to get local leaders on board with the amendments since last summer. Last August, UBCM was presented with 53 changes developed behind closed doors with First Nations leaders. Local leaders and businesses raised concerns about both the content of the proposals and the lack of input they were given.

Parmar agreed to more consultation, eventually scrapping some of the most contentious parts, such as the introduction of “intangible heritage” terminology, the addition of “heritage management zones” around cultural sites, and plans to allow First Nations to have an expanded enforcement role.

Because the Heritage Conservation Act can hinder development and cost landowners money, municipalities and business groups want the rules to be as clear as possible.

The May 7 press release from the groups says that “only days after the consultation period closed on April 23,” the province offered to provide stakeholders access to a “three-column document” describing the legislative changes. “Three-column documents” are part of a formal request for legislation by a ministry.

However, that document would only be given provided they sign a non-disclosure agreement.

“Signing a non-disclosure agreement when the Province has already determined its course would only serve to silence UBCM and limit our ability to communicate with our members,” UBCM president Cori Ramsay said.

Association for Mineral Exploration CEO Todd Stone said it is unclear how these plans to reform the Heritage Conservation Act would speed up the process or reduce costs for members. Stone said the association is rejecting the NDA requirement and “will continue to call for a fair, transparent process.”

Parmar acknowledged that the groups have expressed concerns around this next step, but he added “many” have already agreed to sign the non-disclosure agreement and view the three-column document.

Parmar said he’s under some pressure to ensure that the legislation is reformed and that the government gets it right. He added he’s going to continue working his way toward that process.

“If we’re prepared for the fall, we’ll be there. If not, and we need more time, we’ll get this right.”

– With files from Mark Page