Rogers’ Chocolates in downtown Victoria is one of 949 sites worthy of federal historic designation, but not federal protection.

The fate of these National Historic Sites is left to whomever happens to own them.

Only a minority are owned and protected by the federal government. The rest are owned by historic societies, other levels of government, or private businesses, such as Rogers’ and the Fairmont Empress Hotel. In all likelihood, these owners will take pride in their historic designations and work to preserve the sites.

But is that good enough?

Right now, a National Historic Site is only an honourific designation. It doesn’t mandate any protection for the building, which means owners are free to demolish them unless the municipality steps in.

Municipalities can impose a protection order against the owner’s wishes, but such a drastic move comes with a potential liability. Under B.C. law, a disgruntled owner can sue the local government for lost commercial value resulting from imposed heritage designation.

This situation puts local governments in a tricky spot. Even if the council of the day values heritage, it may decide the potential liability of protecting heritage outweighs its ability to pay.

The City of Victoria recently took the risk, and lost. Rogers’ sued the city and was awarded about $600,000 plus costs.

The lawsuit was sparked by a disagreement over some cabinetry and other features inside the store. The owners felt the built-in furniture had little value. City council felt otherwise.

Again, a municipal body was forced into a position of authority over issues of federal importance.

The solution, however, isn’t straightforward.

The federal government can’t impose protection over its own historic properties because property falls under provincial jurisdiction. The province, however, says the feds should foot the bill.

We feel it’s time to stop passing the buck and start working together. National Historic Sites need enforceable regulations backed by either provincial protection or by federal money.