Archaeological Sites Regulations

Regulation

Registration: R-024-2014
Source: Unofficial consolidation PDF (justice.gov.nt.ca)
Under: Archaeological Sites Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Contents

1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15

The Commissioner in Executive Council, under section 6 of the Archaeological Sites Act and every enabling power, makes the Archaeological Sites Regulations.

INTERPRETATION

In these regulations,

"archaeological artifact" means any tangible evidence of human activity that is more than 50 years old, in respect of which an unbroken chain of possession cannot be demonstrated; (artefact archéologique)

"archaeological site" means a site where an archaeological artifact is found; (lieu archéologique)

"Class 1 permit" means a permit that entitles the permittee to survey and document the characteristics of an archaeological site in a manner that does not alter or otherwise disturb the archaeological site; (permis de classe 1)

"Class 2 permit" means a permit that entitles the permittee

(a) to survey and document the characteristics of an archaeological site,

(b) to excavate an archaeological site,

(d) to otherwise alter or disturb an archaeological site. (permis de classe 2)

APPLICATION

These regulations apply to all lands and waters other than those within the administration and control of Her Majesty in right of Canada.

PROTECTION OF ARTIFACTS

(1) Subject to subsection (2), no person shall possess or sell an archaeological artifact that was removed from an archaeological site on or after June 15, 2001.

(2) The prohibition on possession in subsection (1) does not apply to

(a) the Prince of Wales Northern Heritage Centre;

(b) a person or organization possessing an archaeological artifact under the terms of an agreement with the Prince of Wales Northern Heritage Centre; or

(c) the holder of a Class 2 permit, during the term of the permit and for a period of three months after the expiration of the permit.

PROTECTION OF SITES

No person shall search for archaeological sites or archaeological artifacts, or survey an archaeological site, without a Class 1 or Class 2 permit.

No person shall excavate, alter or otherwise disturb an archaeological site, or remove an archaeological artifact from an archaeological site, without a Class 2 permit.

ISSUANCE OF PERMITS

(1) A person may apply for a Class 1 permit by submitting an application in writing to the Minister, setting out

(a) the name and qualifications of the applicant and of all persons who will be working on the proposed project;

(b) a description of the project, including a map and geographic coordinates of the project area; and

(2) Subject to section 8, within 60 days after receipt of an application made under subsection (1), or after any longer period required to ascertain that the applicant has complied with all conditions precedent to obtaining such a permit set out in any applicable land claims agreement, the Minister shall issue a Class 1 permit for the proposed project if those conditions have been met.

(1) A person may apply for a Class 2 permit by submitting an application in writing to the Minister setting out

(a) the name and qualifications of the applicant and of all persons who will be working on the proposed project;

(b) a description of the project, including a map and the geographic coordinates of the project area;

(d) plans for conservation of archaeological artifacts proposed to be collected under the permit, including arrangements with the Prince of Wales Northern Heritage Centre to accept those artifacts;

(e) a copy of the project budget, including funds allocated for the preservation of archaeological artifacts, and a confirmation of the project funding; and

(f) a description of the manner in which the archaeological site will be restored.

(2) Subject to section 8, within 60 days after receipt of an application made under subsection (1), or after any longer period required to ascertain that the requirements of paragraphs (a) to (c) have been met, the Minister shall issue a Class 2 permit for the proposed project if

(a) the applicant has demonstrated the expertise in archaeology necessary to conduct the project;

(b) the scientific and cultural benefits of the project outweigh the adverse impact of the project on the archaeological site; and

(c) the applicant has complied with all conditions precedent to obtaining such a permit set out in any applicable land claims agreement.

(1) Subject to subsections (2) and (3), an applicant who has contravened these regulations or the conditions of any previous permit or other authorization for the search for, or excavation of, archaeological sites that was issued in any country is not entitled to be issued a permit under section 6 or 7, if the contravention has not been remedied.

(2) An applicant who is alleged to have contravened the conditions of any previous permit or other authorization referred to in subsection (1) and who has not remedied the contravention, may provide the Minister with a statement explaining the circumstances of the alleged contravention, including any other relevant information that the applicant considers appropriate.

(3) The Minister shall consider the applicant’s statement in respect of an alleged contravention and shall decide whether the applicant should be issued a Class 1 or Class 2 permit despite the alleged contravention of the conditions of any previous permit or other authorization referred to in subsection (1) that has not been remedied.

ASSIGNMENT

A permit shall not be assigned.

EXPIRATION

10.

A permit expires on December 31 of the year for which it is issued.

RESTORATION OF SITE

11.

A person who excavates an archaeological site shall, on completion of the excavation, restore the site, in so far as is practicable, to its original state.

REPORTS

12.

(1) On or before March 31 of the year following the year for which a permit is issued, the permittee shall

(a) provide the Minister with two copies of the report referred to in subsection (2) or (3), as the case may be; and

(b) provide a copy of that report to any party entitled to receive one by virtue of a land claims agreement.

(2) A report of work done under a Class 1 permit shall set out the name of the permittee, the date of the report, the permit number and a description of the work undertaken and shall include, for each archaeological site visited,

(a) a description of the site;

(b) National Topographic Series maps, on a scale of 1:50,000 or 1:250,000, showing the location of the site;

(d) representative photographs of the site.

(3) A report of work done under a Class 2 permit shall set out the name of the permittee, the date of the report and the permit number and shall include, for each archaeological site visited,

(a) a description of the work undertaken, including

(i) a description of the site,

(ii) National Topographic Series maps, on a scale of 1:50,000 or 1:250,000, showing the location of the site,

(iii) a map of the site, drawn to scale, showing all archaeological features and excavation units,

(iv) a vertical scale drawing of the stratigraphy of each excavation unit,

(v) representative photographs of the site,

(vi) measurements of the depths at which all archaeological artifacts were found and their horizontal provenience, and

(vii) a catalogue of all archaeological artifacts and faunal remains collected, on paper and in electronic form;

(b) a description of the methods used in data acquisition, recording and analysis, including those used in field, archival and laboratory investigations;

(d) a description of any relevant environmental factors and recent history relating to the site;

(e) an assessment of the current physical status of the site and any present or potential factors that could alter that status; and

(f) an interpretation of the significance of the site based on a summary examination of the findings resulting from the work.

REPOSITORY

13.

All archaeological artifacts collected by a permittee shall be submitted, on or before March 31 of the year following the year for which the permit is issued, to the Prince of Wales Northern Heritage Centre.

TRANSITIONAL

14.

Any applications made under sections 6 or 7 of

Regulations (Canada) that are pending on the coming into force of these regulations shall be dealt with as applications made under these regulations.

COMMENCEMENT

15.

These regulations come into force April 1, 2014.