Bill 40 — A Bill For the Protection of Historical, Archaeological, Palaeontological, Ethnic and Meteoric Sites and Objects (Legislature 14, Session 2)

L14 S2 1996

Alberta — Bills

• No. 40 2nd Session, 14th Legislature, Alberta 9 Elizabeth II BILL 40 A Bill for the Protection of Historical, Archaeological, Palaeontological, Ethnic and Meteoric Sites and Objects HON. MR. PATRICK Printed by L. S. WALL, Printer to the Qu('en's Most B:<cPllent Majesty. Edmonton, Alberta, 1961

Explanatory Note General. This Bill will provide a means for the protection and preservation of sites that are of historical, archaeological, palaeontological or ethnic importance and of objects found there. It also provides for the ownership and protection of meteorites. 2.

Definitions. 3. Designation of sites by Minister. 4. Excavation or alteration of sites without a permit is pro hibited.

BILL No. 40 of 1961

An Act for the Protection of Historical, Archaeological, Palaeontological, Ethnic and Meteoric Sites and Objects (Assented to , 1961) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Historical and Archaeo logical Sites Protection Act". 2.

In this Act, (a) "archaeological object" means an object of archaeo logical significance; (b) "archaeological site" means land of archaeological significance that is designated as such by the Minister; (c) "ethnic object" means an object of ethnological significance; (d) "ethnic site" means land of ethnological signific ance that is designated as such by the Minister; (e) "historical object" means an object of historical significance; (f) "historical site" means land of historical sig nificance that is designated as such by the Minister; (g) "Minister" means that member of the Executive Council charged with the administration of this Act; (h) "palaeontological object" means an object of palaeontological significance; (i) "palaeontological site" means land of palaeonto logical significance that is designated as such by the Minister: (J) "permit" means a yalid and subsisting permit issued under this Act. 3.

The Minister may designate any land as a historical, archaeological, palaeontological or ethnic site. ' 4. No person shall excavate or alter a historical, archaeo logical, palaeontological or ethnic site or remove an~' his torical, archaEological. palaeontological or ethnic object therefrom, except to the extent that he i~ authorized to do so under a permit i~~llt'd under thi~ Act.

2 5. Conditions under which a permit is to be issued. 6. Permit holders are required to make reports to the Minister outlining the work done on a site. 7.

(1) Seizure of historical, archaeological, palaeontological or ethnic objects improperly taken.

(2) Minister may require any objects recovered from a site to be turned over to a public institution. 8. Salvage of prehistorical or historical remains likely to be de stroyed by commercial or industrial activity.

2 5.

(1) Upon application made to him in writing, the Minister nlay issue a permit to any person (

a) to excavate or alter a historical site and remove historical objects therefrom, (

b) to excavate or alter an archaeological site and re move archaeological objects therefrom, (

c) to excavate or alter a palaeontological site and re move palaeontological objects therefrom, or (

d) to excavate or alter an ethnic site and remove ethnic objects therefrom.

(2) The Minister may limit a permit as to time and loca tion, and may impose such other terms and conditions as he considers proper.

(3) The Minister may cancel a permit at any time. 6. Every permit holder shall within a reasonable time after the close of each season's work and, in any event, not later than the thirty-first day of December of the year in which the work is done, furnish to the Minister in duplicate a progress report containing details of the work done, including (

a) details of any stratification or other chronological evidence encountered, (

b) an inventory of all historical, archaeological, palaeontological or ethnic obj ects found and col lected, and (

c) such other information as the Minister may re quire. 7.

(1) Where a historical, archaeological, palaeonto logical or ethnic object is taken from a site designated under

section 3, (

a) by a person who is not the holder of a permit, or (

b) by the holder of a permit in contravention of the permit, the Minister may cause the object to be seized by a person authorized by him and deposited in the custody of a public institution designated by the Minister.

(2) The Minister may direct that any historical, archaeo logical, palaeontological or Ethnic object taken under the authority of a permit be deposited in the custody of a public institution designated by him. 8. Where any commercial, industrial or other activity is likely to cause the destruction, inundation or burial of (

a) any historical or prehistorical remains whether or not part of a historical, archaeological, palaeonto logical or ethnic site, or (

b) any land that provides evidence of prehistorical human occupation, industry or veneration, the person undertaking the activity shall give notice to the Minister of the threatened destruction, inundation or burial

3 9. The landing places of meteorites are protected and title to meteorites is vested in the Crown. 10. Warning notices. II ~ Minister authorized to enter into agreements for the acquisition of sites and marking them. 12. Provision is made for the establishment of an advisory board.

3 and shall afford the Minister such time as he may require for the investigation, recording and salvage of any his torical, archaeological, palaeontological or ethnic objects in the area. 9.

(1) In this

section "meteorite" means a stony or metallic body that has fallen to earth from outer space.

(2) Where an object that may be a meteorite falls on any ·land,. whether publicly or privately owned, no person, other than a person authorized by the Minister, shall (

a) disturb any crater, furrow or other marking of the earth's surface that may have been caused by the object, or (

b) disturb or remove the object from the place where it fell.

(3) The ownership of every meteorite that falls any where in the Province after the commencement of this Act is hereby vested in the Crown. 10. The Minister may provide for the erection and maintenance on or near any historical, archaeological, palaeontological or ethnic site of an appropriate notice referring to this Act. 11. The Minist€r may (

a) acquire or enter into agreement with any govern ment or person to acquire or protect any historical, archaeological, palaeontological or ethnic site or object, and (

b) develop or enter into agreement with any govern ment or person to develop any such site as a per manent monument by the erection of appropriate buildings, cairns, notices or by other means. 12.

(1) The Lieutenant Governor in Council may ap point an advisory board to be known as the Historical and Archaeological Advisory Board.

(2) The Board shall consist of not more than seven members (

a) one of whom shall be recommended by the Pro vincial Parks Board, (

h) two of whom shall be recommended by the His torical Society of Alberta, (

c) two of whom shall be recommended by the Archaeo logical Society, and (

d) one of whom shall be recommended by the Depart ment of Geology, University of Alberta.

(3) The members of the Board shall hold office during the pleasure of the Lieutenant Governor in Council.

(4) The Board shall advise and make recommendations to the Minister on any matters to which this Act refers or arising out of the operation thereof.

13. Self-explanatory. 14. Authority to make regulations to carry out purpose of the Act. 15. Penalty section. 16. Commencement

(5) The Lieutenant GQvernor in Council may prescribe the allowances for travelling and other expenses to be paid to members of the Board. 13. Subject to The Public Service Act, the Lieutenant Governor in Council may appoint such officers, clerks and servants as may be required under this Act. 14. The Lieutenant GovE-rnor in Council may make regulations to carry out this Act and to n1eet any cases that arise and for which no provision is made in this Act. 15. A person who contravenes this Act or the regulations or a direction of the Minister under this Act is guilty of an offence and liable on

summary conviction to a fine of not more than five hundred dollars or to imprisonment for a term of not more than six months or to both fine and im prisonment. 16. This Act comes into force on the day upon which it is assented to.

No. 40 SECOND SESSION FOURTEENTH LEGISLATURE 9 ELIZABETH II 1961 BILL

An Act for the Protection of His torical, Archaeological, Palaeonto logical, Ethnic and Meteoric Sites and Objects. Received and read the First time ............... . Second time. Third time ..... HON. MR. PATRICK Title: 1961 (14th, 2nd) Bill 40,

An Act for the Protection of Historical, Archaeological, Palaeontological, Ethnic and Meteoric Sites and Objects

Document details

Collection	Alberta — Bills
Citation	L14 S2 1996
Type	bill
Volume / chapter	L14 S2 1996
Language	en
Format	json
Source	PROVINCIAL
Identifier	0c8222f7f64a78b6231e4a67f1d82d35360234a6

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