The B.C. legislature needs to ensure the regulations that protect archeological resources don鈥檛 cause financial hardship or ruin for property owners.
When Wendi Mackay set to build a new house on the Oak Bay property she had bought from her parents in 2006, she learned that archeological digs had taken place on the property in 1971 and more than 850 artifacts had been removed. Despite the earlier work, she was required by the Archeology Branch of the B.C. Ministry of Forests to have a heritage inspection performed, which indicated more excavation was required.
The inspection cost her $6,000; the subsequent archeological work cost $51,000. In all, she says, the archeological work, construction delays and loss of property value have cost her $750,000.
Her claim against the province for compensation was rejected at various levels, but Supreme Court Justice Laura Gerow ruled in Mackay鈥檚 favour, saying the province had no authority to make her pay for an archeological survey of her own property.
The purpose of B.C.鈥檚 Heritage Conservation Act is 鈥� is to encourage and facilitate the protection and conservation of heritage property.鈥� It sets out regulations for those who find archeological remains on their property.
This type of legislation is common to many jurisdictions, and it has resulted in the discovery and preservation of thousands of archeological sites that otherwise would remain hidden.
While such legislation has enriched our understanding of the past, it could lead some homeowners to fear impoverishment in the future.
Finding a salmon hook or midden on your property can be exciting, but that excitement can easily become chilling fear of the potential costs. Some homeowners might rather cover up the evidence and carry on building. Honesty suddenly looks unaffordable.
Heritage needs protection, but so do property owners. The province find a way to keep the burden of inspecting and preserving a site from becoming an onerous or ruinous burden for property owners.
Otherwise, the laws designed to protect our heritage could easily result in the loss of valuable archeological sites.
