British Columbia Bill 208 (Private Member) — 40th Parliament, 2nd Session — Previous Version 1

40-2 Member Bill 208-1

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2014 Legislative Session: 2nd Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MS. MAURINE KARAGIANIS

BILL M 208 – 2014

FIRST NATIONS

HERITAGE PROTECTION AND CONSERVATION ACT, 2014

This Bill will better

preserve First Nations heritage objects and sacred sites. The Bill amends the

Heritage Protection Act to include a process by which First

Nations can request a temporary protection order when people find a heritage site

object or remains. The Bill also creates the First Nations Heritage Protection Program,

which will provide funding to local governments for the purpose of protecting sacred

sites found in local areas.

HER MAJESTY, by

and with the advice and consent of the Legislative Assembly of the Province of British

Columbia, enacts as follows:

1 The Heritage Conservation Act,

R.S.B.C. 1996, c. 187 is amended by adding the following

definitions:

"First Nations heritage object"

means, whether designated or not, any object that has heritage value to a First Nation;

"First Nations heritage site"

means land, whether designated or not, that has heritage value to a First Nation,

and

may include the following:

(

a) land covered by water;

(

b) cave formations; and

(

c) kurst

formations;

"First Nations remains"

means the whole or part of the bodily remains of an Aboriginal person;

"program" means the First Nations

Heritage Protection Program established under

Part 2.1.

2 The

Heritage Conservation Act, R.S.B.C. 1996, c. 187 is amended by adding the following

Part:

Part 2.1 – First Nations Heritage Protection

Discovery of First Nations heritage object or remains

23.1

(1) A person

who discovers anything that she or he has reasonable grounds to suspect is a First

Nations heritage object or remains must report the discovery to the minister, giving

particulars of the object or remains, and the location of that object or remains.

(2) Where the minister receives a report made under subsection (1) and is satisfied that the report relates to First Nations heritage, the minister must consult with any First Nation that may have an interest in the object or remains, with a view to determining the proper action to be taken in relation to that discovery.

Disposal of First Nations heritage object or remains

23.2

(1) Where

a person delivers a First Nations heritage object or remains to the minister, the

minister must

(

a) return the remains or heritage object

to a First Nation entitled to, and willing to accept, possession, custody or control

the object or remains;

(

b) otherwise deal with the object or the

remains in accordance with any reasonable direction of the First Nation referred to

paragraph (a); or

(

c) transfer the object or the remains to a

prescribed authority for safekeeping if there is no First Nation referred to under

paragraph (a).

(2) Nothing in this

section derogates from the

right of any First Nation accepting possession, custody or control of any First Nations

heritage object or remains to deal with the object or remains in accordance with the

First Nation's tradition.

Emergency temporary

protection order in relation to heritage sites

23.3

(1) Where the

minister

(

a) receives an application made orally or in

writing by or on behalf of a First Nation seeking the preservation or protection of

specified area from injury or desecration, and

(

b) is satisfied

that the area may be a First Nations heritage site and it is under serious and immediate

threat of injury or desecration, the minister must issue a temporary protection order

that will stop any work in relation to the area, to protect the area from injury or

desecration.

(2) A temporary protection order under subsection

(1) has the effect of stopping work in that area for a period not exceeding 120 days,

specified by the temporary protection order.

(3) The minister

may extend the temporary protection order under subsection (2) for an additional 60

days

if the minister is satisfied it is necessary to do so.

(4) A

temporary protection order under subsections (2) and (3) must:

(

a) describe the area with sufficient particulars to enable the heritage site to be

identified; and

(

b) contain provisions for and in relation to

the protection and preservation of the heritage site from injury or desecration.

Emergency temporary protection order in relation to heritage

object or remains

23.4

(1) Where the minister

(

a) receives an

application made orally or in writing by or on behalf of a First Nation seeking the

preservation or protection of a specified object or remains from injury or desecration;

(

b) is satisfied that the object or remains may be a First

Nations heritage object or remains and that the object or remains is under threat

injury or desecration;

(

c) has considered any effects the making

or a temporary protection order may have on the proprietary or pecuniary interest

persons other than the First Nation referred to in paragraph (a); and

(

d) has considered any other matter that she or he thinks are

relevant the minister must make a temporary protection order in relation to the object

or the whole or that part of the class of objects, as the case may be.

(2) A temporary protection order under subsection (1) has the

effect for such period as is specified in the temporary protection order.

(3) The temporary protection order under subsection (1) in

relation to an object or objects must

(

a) describe the object

or remains with sufficient particulars to enable the object or objects to be identified;

and

(

b) contain provisions for and in relation to the protection

and preservation of the object or remains from injury or desecration.

(4) The minister may extend the temporary protection order

under subsection (2) for an additional 60 days if the minister is satisfied it is

necessary to do so.

(5) A temporary protection order under

subsection (1) in relation to First Nations remains may include provisions ordering

the

delivery of the remains to the minister or a First Nation entitled to, and willing

accept, possession, custody or control of the remains.

Consultation on application for temporary protection order

23.5 The minister must, at

any time after receiving an application for a temporary protection order, whether

or not

the minister has made a temporary protection order pursuant to the application, request

such persons as the minister considers appropriate to consult with him or her, with

view to resolving, to the satisfaction of the applicant or applicants and the minister,

any matter to which the application relates.

Publication and

commencement of temporary protection orders

23.6

(1) As soon

as practicable after making a temporary protection order, the minister must take

reasonable steps to notify the public in any region that may be concerned with a

temporary protection order that a temporary protection order is in effect.

(2) As soon as practicable after making a temporary

protection order, the minister must take reasonable steps to give notice, in writing,

the temporary protection order to persons likely to be substantially affected by the

temporary protection order.

(3) Any failure to comply with

subsections (1) or (2) does not affect the validity of a temporary protection order.

Refusal to make temporary protection order

23.7 Where the minister

refuses to make a temporary protection order under this Act in pursuance of an

application, the minister must notify the applicant of this decision and provide reasons

for that refusal.

First Nations heritage protection program

23.8

(1) The

minister will establish a provincial program for preserving and protecting First Nations

heritage sites, remains and objects.

(2) The program

will make funds available to local governments for the protection of First Nations

heritage sites, remains and objects discovered in local areas.

(3) The Lieutenant Governor in Council will, by regulation establish the following:

(

a) the procedures for administering the program;

(

b) the requirements respecting funding applications under the

program; and

(

c) funding maximums under the program.

Explanatory Note