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1998 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 22nd day of April, 1999

Ian D. Izard, Law Clerk

BILL 51: NIS G A'A FINAL AGREEMENT ACT –

SCHEDULE

CHAPTER 17 OF 22

CHAPTER 17

CULTURAL ARTIFACTS AND HERITAGE

GENERAL

1. The Parties recognize the integral role of Nis g a'a

artifacts in the continuation of Nis g a'a culture, values, and traditions.

2. The Parties recognize the Nis g a'a Nation's

traditional and sacred connection with Nis g a'a artifacts, regardless of whether

those artifacts are held by the Nis g a'a Nation, a Nis g a'a Village, a Nis g a'a

Corporation, a Nis g a'a citizen, the Canadian Museum of Civilization, or the Royal

British Columbia Museum.

3. If the Nis g a'a Nation or Canada considers that there

may be an error in the determination of whether an artifact:

a. set out in Appendix L-1; or

b. in the permanent collection of the Canadian Museum of

Civilization, including an artifact set out in Appendix L-2

is a Nis g a'a artifact, they will endeavour to determine

whether the artifact is a Nis g a'a artifact.

4. If the Nis g a'a Nation or British Columbia considers

that there may be an error in the determination of whether an artifact:

a. set out in Appendix L-3; or

b. in the permanent collection of the Royal British Columbia Museum,

including an artifact set out in Appendix L-4

is a Nis g a'a artifact, they will endeavour to determine

whether the artifact is a Nis g a'a artifact.

5. A disagreement in respect of a determination under paragraph

3 or 4 of whether an artifact is a Nis g a'a artifact is a disagreement within the

meaning of the Dispute Resolution Chapter.

6. An artifact originally obtained from a Nis g a'a

person, a Nis g a'a community, or a Nis g a'a heritage site is presumed, in the

absence of proof to the contrary, to be a Nis g a'a artifact.

RETURN OF NIS G A'A ARTIFACTS

Canadian Museum of Civilization

7. Appendix L-1 and Appendix L-2 set out all artifacts in the

permanent collection of the Canadian Museum of Civilization on the effective date that

have been identified as Nis g a'a artifacts.

8. The Canadian Museum of Civilization will transfer to the Nis g a'a

Nation without condition all its legal interests in, and possession of, the Nis g a'a

artifacts set out in Appendix L-1:

a. as soon as practicable following a request by the Nis g a'a

Nation;

b. if there is no request by the Nis g a'a Nation, five years

after the effective date or the date that the artifact was included in Appendix L-1,

whichever date is later; or

c. by any other date agreed to by the Canadian Museum of Civilization

and the Nis g a'a Nation.

9. The transfer of the legal interests in, and possession of,

the Nis g a'a artifacts under paragraph 8 is deemed to occur when those

artifacts arrive at a location for delivery designated in writing by the Nis g a'a

Nation.

10. If the Nis g a'a Nation does not designate a location

for delivery, the Canadian Museum of Civilization will deliver those artifacts to the

address for the Nis g a'a Nation set out in the General Provisions Chapter.

11. The Canadian Museum of Civilization:

a. will continue to hold the Nis g a'a artifacts set out in

until they are transported to the Nis g a'a Nation;

b. will not be liable for any loss or damage to those Nis g a'a

artifacts unless the loss or damage results from dishonesty, gross negligence, or

malicious or wilful misconduct of its employees or agents; and

c. will determine the transportation arrangements for, and will

transport, those Nis g a'a artifacts in accordance with the prevailing practices of

the Canadian Museum of Civilization for transportation of artifacts to museums.

12. If, after the effective date:

a. a Nis g a'a artifact is permanently acquired by the Canadian

Museum of Civilization; or

b. it is determined under paragraph 3 or 5 that another artifact in

the collection of the Canadian Museum of Civilization is a Nis g a'a artifact

the artifact will be added to Appendix L-2 or, if the Canadian

Museum of Civilization and the Nis g a'a Nation agree, to Appendix L-1.

13. If it is determined under paragraph 3 or 5 that an artifact

set out in Appendix L-1 is not a Nis g a'a artifact:

a. the artifact will be removed from Appendix L-1; and

b. unless the Nis g a'a Nation and Canada otherwise agree, the

Nis g a'a Nation will transfer its legal interests in, and possession of, the

artifact to the Canadian Museum of Civilization.

14. If it is determined under paragraph 3 or 5 that an artifact

set out in Appendix L-2 is not a Nis g a'a artifact, the artifact will be removed

from Appendix L-2.

15. The Nis g a'a Nation and the Canadian Museum of

Civilization will share possession of the Nis g a'a artifacts set out in Appendix L-2

in accordance with any custodial agreements negotiated under paragraph 17.

16. The Canadian Museum of Civilization is responsible for the

care, maintenance, and preservation of the Nis g a'a artifacts listed in Appendix

L-2, in accordance with resources available to the Canadian Museum of Civilization for

those activities and any custodial agreements negotiated under paragraph 17.

17. From time to time, at the request of the Nis g a'a

Nation or the Canadian Museum of Civilization, the Nis g a'a Nation and the Canadian

Museum of Civilization will negotiate and attempt to reach custodial agreements in respect

of Nis g a'a artifacts listed in Appendix L-2.

18. Custodial agreements under paragraph 17 will:

a. respect Nis g a'a laws and practices relating to Nis g a'a

artifacts; and

b. comply with federal and provincial laws of general application and

the statutory mandate of the Canadian Museum of Civilization.

19. Custodial agreements under paragraph 17 may set out:

a. the Nis g a'a artifacts to be in the possession of the Nis g a'a

Nation and those to be in the possession of the Canadian Museum of Civilization;

b. conditions of maintenance, storage, and handling of the Nis g a'a

artifacts;

c. conditions of access to and use, including study, display, and

reproduction, of the Nis g a'a artifacts and associated records by the public,

researchers, and scholars;

d. provisions for incorporating new information into catalogue

records and displays of the Nis g a'a artifacts; and

e. provisions for enhancing public knowledge about the Nis g a'a

Nation through the participation of Nis g a'a citizens in public programs and

activities at the Canadian Museum of Civilization.

20. The Nis g a'a Nation and the Canadian Museum of

Civilization:

a. will consult each other if either of them proposes to transfer its

legal interest in a Nis g a'a artifact set out in Appendix L-1 or L-2 respectively;

and

b. may exercise a right of first refusal to acquire the Nis g a'a

artifact on the proposed terms of the transfer.

Royal British Columbia Museum

21. Appendix L-3 and Appendix L-4 set out all artifacts in the

permanent collection of the Royal British Columbia Museum on the effective date, that have

been identified as Nis g a'a artifacts.

22. British Columbia will transfer to the Nis g a'a Nation

without condition all its legal interests in, and possession of, the Nis g a'a

artifacts set out in Appendix L-3:

a. as soon as practicable following a request by the Nis g a'a

Nation;

b. if there is no request by the Nis g a'a Nation, five years

after the effective date or the date that the artifact was included in Appendix L-3,

whichever date is later; or

c. by any other date agreed to by British Columbia and the Nis g a'a

Nation.

23. The transfer of the legal interests in, and possession of,

the Nis g a'a artifacts under paragraph 22 is deemed to occur when those

artifacts arrive at a location for delivery designated in writing by the Nis g a'a

Nation.

24. If the Nis g a'a Nation does not designate a location

for delivery, the Royal British Columbia Museum will deliver those artifacts to the

address for the Nis g a'a Nation set out in the General Provisions Chapter.

25. The Royal British Columbia Museum:

a. will continue to hold the Nis g a'a artifacts set out in

until they are transported to the Nis g a'a Nation;

b. will not be liable for any loss or damage to those Nis g a'a

artifacts unless the loss or damage results from dishonesty, gross negligence, or

malicious or wilful misconduct of its employees or agents; and

c. will determine the transportation arrangements for, and will

transport, those Nis g a'a artifacts in accordance with the prevailing practices of

the Royal British Columbia Museum for transportation of artifacts to museums.

26. British Columbia will not be liable for any loss or damage

to Nis g a'a artifacts set out in Appendix L-3 unless the loss or damage results from

dishonesty, gross negligence, or malicious or wilful misconduct of its employees or

agents.

27. If, after the effective date, a Nis g a'a artifact is

permanently acquired by the Royal British Columbia Museum, the artifact will be included

in Appendix L-4 or, where the Royal British Columbia Museum and Nis g a'a Nation

agree, will be transferred to Nis g a'a Nation in accordance with this Chapter.

28. If it is determined under paragraph 4 or 5 of this

Chapter

that another artifact in the collection of the Royal British Columbia Museum on the

effective date is a Nis g a'a artifact, the artifact will be included in Appendix

L-4, or transferred to Nis g a'a Nation in accordance with this Chapter, in order to

maintain the representative division of the Nis g a'a artifacts in Appendix L-3

and Appendix L-4.

29. If it is determined under paragraph 4 or 5 that an artifact

listed in Appendix L-3 is not a Nis g a'a artifact:

a. the artifact will be removed from Appendix L-3; and

b. unless the Nis g a'a Nation and British Columbia otherwise

agree, the Nis g a'a Nation will transfer its legal interests in, and possession of,

the artifact to the Royal British Columbia Museum.

30. If it is determined under paragraph 4 or 5 that an artifact

listed in Appendix L-4 is not a Nis g a'a artifact, the artifact will be removed from

Appendix L-4.

31. From time to time, at the request of the Nis g a'a

Nation or British Columbia, the Nis g a'a Nation and British Columbia will negotiate

and attempt to reach custodial agreements in respect of the Nis g a'a artifacts

listed in Appendix L-4.

32. Custodial agreements under paragraph 31 will:

a. respect Nis g a'a laws and practices relating to Nis g a'a

artifacts; and

b. comply with federal and provincial laws of general application,

and the statutory mandate of the Royal British Columbia Museum.

33. Custodial agreements under paragraph 31 may set out:

a. conditions of maintenance, storage, and handling of the Nis g a'a

artifacts;

b. conditions of access to and use, including study, display, and

reproduction, of the Nis g a'a artifacts and associated records by the public,

researchers, and scholars;

c. provisions for incorporating new information into catalogue

records and displays of the Nis g a'a artifacts; and

d. conditions under which Nis g a'a artifacts may be permanently

removed from the collection of the Royal British Columbia Museum.

34. The Nis g a'a Nation and British Columbia may

negotiate agreements that:

a. establish processes for lending Nis g a'a artifacts;

b. provide for replication of Nis g a'a artifacts;

c. provide for professional and technical training for Nis g a'a

citizens in museum skills and conservation expertise;

d. provide for enhancing public knowledge about the Nis g a'a

Nation through the participation of Nis g a'a citizens in public programs and

activities at the Royal British Columbia Museum; and

e. provide for other matters.

ACCESS TO OTHER COLLECTIONS

35. From time to time, at the request of the Nis g a'a

Nation, Canada and British Columbia will use reasonable efforts to facilitate the Nis g a'a

Nation's access to Nis g a'a artifacts and human remains of Nis g a'a ancestry

that are held in other public and private collections.

PROTECTION OF HERITAGE SITES

36. Nis g a'a Government will develop processes to manage

heritage sites on Nis g a'a Lands in order to preserve the heritage values associated

with those sites from proposed land and resource activities that may affect those sites.

37. British Columbia will develop or continue processes to

manage heritage sites in order to preserve the heritage values associated with those sites

from proposed land and resource activities that may affect those sites.

38. The processes under paragraphs 36 and 37 will include

measures designed to:

a. identify heritage sites;

b. provide notice to each other of heritage sites;

c. assess the significance of heritage sites;

d. ensure appropriate protective or management measures are taken to

protect, or, if necessary, to mitigate the effects of unavoidable impacts on, heritage

sites and associated material; and

e. ensure that the appropriate person takes those measures and bears

the associated costs.

39. Until Nis g a'a Government establishes the processes

referred to in paragraph 36, British Columbia's processes will apply on Nis g a'a

Lands.

OTHER NIS G A'A ARTIFACTS

40. The Nis g a'a Nation owns any Nis g a'a artifact

discovered within Nis g a'a Lands or Category A Lands after the effective date,

unless another person establishes their ownership of the artifact.

41. If any Nis g a'a artifact discovered in British

Columbia outside Nis g a'a Lands and Category A lands comes into the permanent

possession, or under the control, of British Columbia, British Columbia will lend the

artifact to the Nis g a'a Nation in accordance with any agreements negotiated under

paragraph 31 or 34, and British Columbia may transfer the artifact to the Nis g a'a

Nation.

42. If any Nis g a'a artifact discovered outside Nis g a'a

Lands and Category A lands comes into the permanent possession, or under the control, of

Canada, Canada may lend the artifact to the Nis g a'a Nation in accordance with any

agreements negotiated with the Nis g a'a Nation, and Canada may transfer the artifact

to Nis g a'a Nation.

HUMAN REMAINS

43. Subject to federal and provincial laws, any human remains

of individuals of Nis g a'a ancestry that are removed from a heritage site will be

delivered to the Nis g a'a Nation.

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