Cultural heritage values are protected both through land use designations which have specific provisions for specific sites, and by laws of general application (i.e. the provincial Heritage Conservation Act) which prohibit harm to heritage objects, such as areas of archaeological significance to First Nations. Two land use designations, one federal and one provincial, are discussed below. However, in the context of forest practices, it is also possible for higher level plans, such as sensitive areas, to provide specific objectives for the management of areas of significance to First Nations due to their cultural heritage values.

 

4.4.1 HERITAGE SITES

The primary legislation which allows for designations to protect cultural heritage values is the provincial Heritage Conservation Act. Other designations may also be used to protect cultural heritage values, such as provincial parks under the Park Act, and sensitive area designation under the Forest Practices Code.

The Heritage Conservation Act is administered by the Archaeology Branch of the Ministry of Small Business, Tourism and Culture. The Act distinguishes between non-designated heritage sites and designated provincial heritage sites. Heritage sites include any land or water in the province that has "a heritage value to British Columbia, a community or an aboriginal people."

Provincial heritage sites are heritage sites that are designated under section 9 of the Act, and which receive a higher degree of legal protection. It is an offence to "damage, desecrate or alter" a provincial heritage site, except under permit. "Alter" is defined to mean any change to the site, including "any action that detracts from the heritage value" of a site.

First Nations communities may enter into agreements with the provincial government for the conservation and protection of heritage sites and objects, whether designated or not. These agreements may provide additional protection for heritage sites, whether designated or not. The agreements include issues such as:

• a list or schedule of heritage sites and heritage objects that are of spiritual, ceremonial or other cultural value;
• circumstances under which First Nations may administer their own heritage protection;
• policies or procedures that will apply to the issuance of or refusal to issue permits;
• provisions with regard to the delegation of ministerial authority over permits; and,
• identification of actions that would constitute a desecration or which would detract from the heritage value of the scheduled sites and objects.

 

4.4.2 NATIONAL HISTORIC PARKS AND HISTORIC SITES AND MONUMENTS

National historic parks are federal designations under section 9 of the National Parks Act. Section 9 authorizes the federal Cabinet to create national historic parks to commemorate a historic event of national importance; or, preserve any historic landmark or any object of historic, prehistoric or scientific interest of national importance.

There are four national historic parks in British Columbia:

• Chilkoot Trail National Historic Park;
• Fort Rod Hill National Historic Park;
• Fort Langley National Historic Park; and,
• Kitwanga Fort National Historic Park.

The federal Cabinet may, by Order-in-Council, determine which aspects of the National Parks Act respecting park administration, regulations and offences will apply in national historic parks.

In addition to national historic parks, the federal Historic Sites and Monuments Act allows for the designation of historic sites. These sites are less formally designated by the placement of commemorative plaques or signs by the Minister of Canadian Heritage. There is a Historic Sites and Monuments Board of Canada, consisting of seventeen members from federal agencies and provincial representatives, which advises the minister on marking or commemorating historic places and general administration of the Act.

There are five national historic sites in British Columbia:

• McLean Mill National Historic Site;
• Fort St. James National Historic Site;
• Gulf of Georgia Cannery National Historic Site;
• Fisgaard Lighthouse National Historic Site; and,
• Rogers Pass National Historic Site.

 

For Further Reference

Legislation: National Parks Act. RSC 1995, c.N-14.

Historic Sites and Monuments Act. RSC 1995, c.H-4.

Regulations: National Historic Parks General Regulations. SOR/82-263.

National Historic Parks Order. CRC, c.1112.

National Historic Parks Wildlife and Domestic Animals Regulations. SOR/81-613.

 

11/19/03