Proposed changes to heritage act will delay construction, Kelowna city memo says

The City of Kelowna is so far exceeding its annual goals to build 8,774 net new housing units by mid-2029, as mandated by the B.C. government.

However, the province’s proposed changes to the Heritage Conservation Act could hamper its own housing quota.

According to a memo from Kelowna city manager Doug Gilchrist, the proposed process will introduce additional time and costs to a wide range of public and private applications and not achieve the stated intent — to improve timelines.

“New requirements for more development applications and capital project work, potentially hindering the city’s ability to deliver essential housing faster as mandated by the province,” Gilchrist said.

The Heritage Conservation Act was designed to protect historical material by requiring proof that cultural archeological land isn’t being disturbed before any construction begins.

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Among the proposed changes, archaeological data checks would be strengthened, the role of First Nations would be increased, and the word ‘heritage’ would be redefined, along with what constitutes a heritage artifact.

While many agree the legislation needs to be updated, the concerns expressed by city staff in Kelowna are being echoed by local governments across the province.

“The biggest concern from our members is that the proposed amendments to the Heritage Conservation Act seem vague and contradictory,” said Union of BC Municipalities (UBCM) president Cori Ramsay. “Our members are deeply concerned.”

Ramsay said municipalities were not adequately consulted about the changes, which she said come with huge implications.

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“The changes could lead to even slower permitting processes and even greater costs for builders, homeowners and businesses,” Ramsay told Global News.

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The changes could impact all kinds of construction, from private homes and capital projects to road infrastructure.

“Current archaeological work is already burdensome, costly and slow and has not resulted in significant findings,” Gilchrist stated.

In 2025 so far, according to the report, 53 capital projects were referred to a local First Nation, with all but one requiring ‘Archaeological Impact Assessments.’

Of those 52 assessments, according to the memo, only one minor artifact was discovered, and it was on a known archeological site.

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“In our view, this suggests there is limited value associated with the added costs and timelines of the current referral process and that further expansion is not warranted, Gilchrist said.

1:52 Deadline for consultation on BC Heritage Conservation Act is Friday

On top of construction delays and increased costs, Ramsay also expressed concern over possible legal ramifications.

“There’s so many question marks around this,” Ramsay said. “How it’s going to impact house sales, how it’s going to impact development, what building and rebuilding looks like in the future.”

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In an email to Global News, the ministry responsible stated, “Our priority is to reduce permitting times, make it easier to start projects or build homes while protecting heritage.”

It went on to say, “We extended our timeline for engagement because we heard people in B.C., including local governments, still wanted to provide their input.”

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Ramsay said there are also concerns surrounding the redefinition of the word  ‘heritage.’

“If you’re changing the definition of heritage and you’re adding increased items in that list, isn’t that going to just automatically increase the number of properties that this is covering? And the answer has been no, but I just find it difficult to reconcile that,” Ramsay said.

Ramsay said UBCM is asking the province to take a pause and do more engagement before drafting the updated legislation.

“This is going to have a huge impact on local government,” Ramsay said. “Our members are on the front lines, really trying to do their best to enact this legislation once it is fully drafted, and we need those clarifying questions answered before that happens.”

2:54 Artifacts returned to Northern B.C. First Nation after more than six decades

 

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