The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 29th day of November, 2007
Ian D. Izard, Q.C., Law Clerk
CHAPTER 20 –
ARTIFACTS, HERITAGE SITES AND PLACE NAMES
20.1.1 The Parties recognize the integral role of the Maa‑nulth First Nation Artifacts of each Maa‑nulth First Nation in the continuation of that Maa‑nulth First Nation's culture, values and traditions, whether those artifacts are held by:
a. that Maa‑nulth First Nation;
b. a Maa‑nulth First Nation Corporation of that Maa‑nulth First Nation;
c. a Maa‑nulth First Nation Public Institution established by the applicable Maa‑nulth First Nation Government;
d. a Maa‑nulth‑aht of that Maa‑nulth First Nation;
e. the Parks Canada Agency;
f. the Canadian Museum of Civilization; or
g. the Royal British Columbia Museum.
20.1.2 Each Maa‑nulth First Nation owns Maa‑nulth First Nation Artifacts discovered within a Heritage Site on its Maa‑nulth First Nation Lands after the Effective Date, unless another person establishes ownership of that artifact.
20.2.1 Parts 1 and Parts 2 of Appendix S list all artifacts in the permanent collection of the Canadian Museum of Civilization on the Effective Date that have been identified as Maa‑nulth First Nation Artifacts.
20.2.2 The Canadian Museum of Civilization will transfer to the applicable Maa‑nulth First Nation without condition all its legal interests in, and possession of, the Maa‑nulth First Nation Artifacts listed in Parts 1 of Appendix S:
a. following a request by that Maa‑nulth First Nation;
b. if there is no request by that Maa‑nulth First Nation, five years after the Effective Date or the date that the artifact was included in Appendix S, whichever date is later; or
c. by any other date agreed to by the Canadian Museum of Civilization and that Maa‑nulth First Nation.
20.2.3 Notwithstanding the five year time period contemplated by 20.2.2 b., if the delivery of the Maa‑nulth First Nation Artifacts has not occurred within four years after the Effective Date, at the request of the applicable Maa‑nulth First Nation, that Maa‑nulth First Nation and the Canadian Museum of Civilization will negotiate and attempt to reach an agreement on the extension of that time period for an additional five years.
20.2.4 The transfer of the legal interests in, and possession of, the Maa‑nulth First Nation Artifacts in accordance with 20.2.2 is deemed to occur when those artifacts arrive at a location for delivery designated in a notice given by the applicable Maa‑nulth First Nation.
20.2.5 If the applicable Maa‑nulth First Nation does not designate a location for delivery, the Canadian Museum of Civilization will deliver those artifacts to the address for that Maa‑nulth First Nation identified in 1.23.6.
20.2.6 The Canadian Museum of Civilization will:
a. continue to hold the Maa‑nulth First Nation Artifacts listed in Parts 1 of Appendix S under the same terms and conditions as they are held on the Effective Date, until they are delivered to the applicable Maa‑nulth First Nation;
b. not be liable for any loss or damage to those Maa‑nulth First Nation Artifacts unless the loss or damage results from dishonesty, gross negligence, or malicious or wilful misconduct of its employees or agents; and
c. determine the delivery arrangements for, and will deliver, those Maa‑nulth First Nation Artifacts in accordance with the practices of the Canadian Museum of Civilization for delivery of artifacts to museums prevailing at the time of delivery.
20.2.7 If a Maa‑nulth First Nation or Canada considers that there may be an error in the determination of whether an artifact:
a. listed in Part 1 or Part 2 of the applicable Appendix S; or
b. in the permanent collection of the Canadian Museum of Civilization,
is a Maa‑nulth First Nation Artifact of that Maa‑nulth First Nation, Canada and that Maa‑nulth First Nation will endeavour to determine whether that artifact is a Maa‑nulth First Nation Artifact of that Maa‑nulth First Nation.
20.2.8 A disagreement in respect of a determination in accordance with 20.2.7 of whether an artifact is a Maa‑nulth First Nation Artifact is a Disagreement.
20.2.9 In the event of competing claims between Maa‑nulth First Nations or with another aboriginal group as to whether an artifact is a Maa‑nulth First Nation Artifact of a Maa‑nulth First Nation, Canada may request that the relevant parties to the dispute resolve the competing claim and provide Canada with written confirmation of the settlement of such dispute before further negotiations in regards to that artifact in accordance with this Chapter.
20.2.10 If, after the Effective Date:
a. a Maa‑nulth First Nation Artifact is permanently acquired by the Canadian Museum of Civilization; or
b. it is determined in accordance with 20.2.7 or 20.2.8 that another artifact in the collection of the Canadian Museum of Civilization is a Maa‑nulth First Nation Artifact,
that artifact will be added to Part 2 of the applicable Appendix S, or, if the Canadian Museum of Civilization and the applicable Maa‑nulth First Nation agree, to Part 1 of the applicable Appendix S and the applicable Part of Appendix S is deemed to be amended accordingly.
20.2.11 If it is determined in accordance with 20.2.7 or 20.2.8 that an artifact listed in Part 1 of the applicable Appendix S is not a Maa‑nulth First Nation Artifact:
a. Appendix S is deemed to be amended to remove that artifact; and
b. unless the applicable Maa‑nulth First Nation and Canada otherwise agree, that Maa‑nulth First Nation will transfer its legal interests in, and deliver the artifact to, the Canadian Museum of Civilization.
20.2.12 If it is determined in accordance with 20.2.7 or 20.2.8 that an artifact listed in Part 2 of the applicable Appendix S is not a Maa‑nulth First Nation Artifact, Appendix S is deemed to be amended to remove that artifact.
20.2.13 Each Maa‑nulth First Nation and the Canadian Museum of Civilization will share possession of the applicable Maa‑nulth First Nation Artifacts listed in Part 2 of the applicable Appendix S, in accordance with resources available to the Canadian Museum of Civilization for those activities and any custodial agreement negotiated in accordance with 20.2.15.
20.2.14 The Canadian Museum of Civilization is responsible for the care, maintenance and preservation of the Maa‑nulth First Nation Artifacts listed in Part 2 of the applicable Appendix S in accordance with any custodial agreement negotiated in accordance with 20.2.15.
20.2.15 From time to time, at the request of a Maa‑nulth First Nation or the Canadian Museum of Civilization, a Maa‑nulth First Nation and the Canadian Museum of Civilization will negotiate and attempt to reach a custodial agreement in respect of that Maa-nulth First Nation’s Maa‑nulth First Nation Artifacts listed in the applicable Part 2 of Appendix S.
20.2.16 Custodial agreements contemplated by 20.2.15 will:
a. respect Maa‑nulth First Nation Law and practices relating to Maa‑nulth First Nation Artifacts; and
b. comply with Federal Law or Provincial Law and the statutory mandate of the Canadian Museum of Civilization.
20.2.17 Custodial agreements contemplated by 20.2.15 may include:
a. the Maa‑nulth First Nation Artifacts to be in the possession of the applicable Maa‑nulth First Nation and those to be in the possession of the Canadian Museum of Civilization;
b. conditions of maintenance, storage and handling of the Maa‑nulth First Nation Artifacts;
c. conditions of access to and use, including study, display and reproduction, of the Maa‑nulth First Nation Artifacts and associated records by the public, researchers and scholars;
d. provisions for incorporating new information into catalogue records and displays of the Maa‑nulth First Nation Artifacts; and
e. provisions for enhancing public knowledge about the Maa‑nulth First Nations through the participation of the Maa‑nulth‑aht in public programs and activities at the Canadian Museum of Civilization.
20.2.18 If a Maa‑nulth First Nation proposes to transfer its legal interest in a Maa‑nulth First Nation Artifact listed in Part 1 of the applicable Appendix S, it will Consult with the Canadian Museum of Civilization and the Canadian Museum of Civilization may exercise a right of first refusal to acquire the Maa‑nulth First Nation Artifact on the proposed terms of the transfer.
20.2.19 If the Canadian Museum of Civilization proposes to transfer its legal interest in a Maa‑nulth First Nation Artifact listed in Part 2 of the applicable Appendix S, it will Consult with the applicable Maa‑nulth First Nation and that Maa‑nulth First Nation may exercise a right of first refusal to acquire the Maa‑nulth First Nation Artifact on the proposed terms of the transfer.
20.2.20 If a Maa‑nulth First Nation or the Parks Canada Agency considers that there may be an error in the determination of whether an artifact in the permanent collection of the Parks Canada Agency is a Maa‑nulth First Nation Artifact, that Maa‑nulth First Nation and the Parks Canada Agency will make reasonable efforts to determine whether the artifact is a Maa‑nulth First Nation Artifact.
20.2.21 A disagreement in respect of a determination in accordance with 20.2.20 of whether an artifact is a Maa‑nulth First Nation Artifact is a Disagreement.
20.2.22 After the Effective Date,
a. if a Maa‑nulth First Nation Artifact comes into the permanent possession, or under the control, of the Parks Canada Agency; or
b. if it is determined in accordance with 20.2.20 or 20.2.21 that an artifact in the permanent collection of the Parks Canada Agency is a Maa‑nulth First Nation Artifact,
the Parks Canada Agency may negotiate and attempt to reach agreement on the transfer or loan of that artifact to the applicable Maa‑nulth First Nation.
20.2.23 Parts 3 and Parts 4 of Appendix S list the artifacts in the permanent collection of the Royal British Columbia Museum on the Effective Date that have been identified as Maa‑nulth First Nation Artifacts.
20.2.24 The Royal British Columbia Museum will transfer to the applicable Maa‑nulth First Nation without condition all its legal interests in, and possession of, the Maa‑nulth First Nation Artifacts listed in Parts 3 of Appendix S:
a. following a request by that Maa‑nulth First Nation;
b. if there is no request from that Maa‑nulth First Nation, five years after the Effective Date or the date that the artifact was included in Appendix S, whichever date is later; or
c. by any other date agreed to by the Royal British Columbia Museum and that Maa‑nulth First Nation.
20.2.25 Notwithstanding the five year time period contemplated by 20.2.24b., if the delivery of the Maa‑nulth First Nation Artifacts has not occurred within five years after the Effective Date, at the request of the applicable Maa‑nulth First Nation, that Maa‑nulth First Nation and the Royal British Columbia Museum will negotiate and attempt to reach an agreement on:
a. the extension of that time period for up to additional five years; and
b. the payment by that Maa‑nulth First Nation of the costs of the Royal British Columbia Museum associated with holding the Maa‑nulth First Nation Artifacts during any such extended time period, including costs related to storage, insurance, access, inspection and shipping of those Maa‑nulth First Nation Artifacts.
20.2.26 The transfer of legal interests in, and possession of, a Maa‑nulth First Nation Artifact in accordance with 20.2.24 is deemed to occur when those artifacts arrive at a location for delivery in British Columbia, as designated in a notice given by the applicable Maa‑nulth First Nation.
20.2.27 If a Maa‑nulth First Nation does not designate a location for delivery, the Royal British Columbia Museum will deliver those artifacts to the address of the applicable Maa‑nulth First Nation identified in 1.23.6.
20.2.28 The Royal British Columbia Museum will:
a. continue to hold the Maa‑nulth First Nation Artifacts listed in Part 3 of the applicable Appendix S under the same terms and conditions as they are held on the Effective Date, until they are delivered to the applicable Maa‑nulth First Nation;
b. not be liable for any loss or damage to those Maa‑nulth First Nation Artifacts unless the loss or damage results from dishonesty, gross negligence, or malicious or wilful misconduct of its employees or agents; and
c. determine the delivery arrangements for, and will deliver, those Maa‑nulth First Nation Artifacts in accordance with the practices of the Royal British Columbia Museum for delivery of artifacts to museums prevailing at the time of delivery.
20.2.29 British Columbia is not liable for any loss or damage to a Maa‑nulth First Nation Artifact listed in Parts 3 and Parts 4 of Appendix S unless the loss or damage results from dishonesty, gross negligence, or malicious or wilful misconduct of its employees or agents.
20.2.30 If a Maa‑nulth First Nation or British Columbia considers that there may be an error in the determination of whether an artifact:
a. listed in Parts 3 or Parts 4 of Appendix S; or
b. in the permanent collection of the Royal British Columbia Museum,
is a Maa‑nulth First Nation Artifact of that Maa‑nulth First Nation, British Columbia and that Maa‑nulth First Nation will endeavour to determine whether that artifact is a Maa‑nulth First Nation Artifact of that Maa‑nulth First Nation.
20.2.31 A disagreement in respect of a determination in accordance with 20.2.30 of whether an artifact is a Maa‑nulth First Nation Artifact is a Disagreement.
20.2.32 In the event of competing claims between Maa‑nulth First Nations or with another aboriginal group as to whether an artifact is a Maa‑nulth First Nation Artifact of a Maa‑nulth First Nation, British Columbia may request that the relevant parties to the dispute resolve the competing claim and provide British Columbia with written confirmation of the settlement of such dispute before further negotiations in regards to that artifact in accordance with this Chapter.
20.2.33 If, after the Effective Date:
a. a Maa‑nulth First Nation Artifact is permanently acquired by the Royal British Columbia Museum; or
b. it is determined in accordance with 20.2.30 or 20.2.31 that another artifact in the collection of the Royal British Columbia Museum is a Maa‑nulth First Nation Artifact;
that artifact will be added to Parts 4 of Appendix S, or, if the Royal British Columbia Museum and that Maa‑nulth First Nation agree, to Parts 3 of Appendix S and the applicable Parts of Appendix S are deemed to be amended accordingly.
20.2.34 If it is determined in accordance with 20.2.30 or 20.2.31 that a Maa‑nulth First Nation Artifact listed in Parts 3 of Appendix S is not a Maa‑nulth First Nation Artifact:
a. Appendix S is deemed to be amended to remove that artifact; and
b. unless the applicable Maa‑nulth First Nation and British Columbia otherwise agree, that Maa‑nulth First Nation will transfer its legal interests in, and deliver that artifact to the Royal British Columbia Museum.
20.2.35 If it is determined in accordance with 20.2.30 or 20.2.31 that a Maa‑nulth First Nation Artifact listed in Parts 4 of Appendix S is not a Maa‑nulth First Nation Artifact, Part 4 of the applicable Appendix S is deemed to be amended to remove that artifact.
20.2.36 From time to time, at the request of a Maa‑nulth First Nation or the Royal British Columbia Museum, that Maa‑nulth First Nation and the Royal British Columbia Museum will negotiate and attempt to reach agreement in respect of the custody of that Maa-nulth First Nation’s Maa‑nulth First Nation Artifacts listed in the applicable Part 4 of Appendix S.
20.2.37 Custodial agreements contemplated by 20.2.36 will:
a. respect applicable Maa‑nulth First Nation Law and practices relating to Maa‑nulth First Nation Artifacts; and
b. comply with Federal Law or Provincial Law, and the policies and procedures of the Royal British Columbia Museum.
20.2.38 Custodial agreements contemplated by 20.2.36 may include:
a. conditions of maintenance, storage and handling of Maa‑nulth First Nation Artifacts;
b. conditions of access to and use, including study, display and reproduction, of Maa‑nulth First Nation Artifacts and associated records by the public, researchers and scholars;
c. provisions for incorporating new information into catalogue records and displays of Maa‑nulth First Nation Artifacts; and
d. conditions under which Maa‑nulth First Nation Artifacts may be permanently removed from the collection of the Royal British Columbia Museum.
20.2.39 Each Maa‑nulth First Nation and the Royal British Columbia Museum may negotiate an agreement that:
a. establishes processes for lending Maa‑nulth First Nation Artifacts;
b. provides for replication of Maa‑nulth First Nation Artifacts;
c. provides for professional and technical training of the Maa‑nulth‑aht in museum skills and conservation expertise;
d. provides for enhancing public knowledge about a Maa‑nulth First Nation through the participation of the Maa‑nulth‑aht in public programs and activities at the Royal British Columbia Museum;
e. addresses access to other collections; and
f. provides for other matters as agreed to by that Maa‑nulth First Nation and the Royal British Columbia Museum.
20.3.1 From time to time, at the request of a Maa‑nulth First Nation, Canada will make reasonable efforts to facilitate that Maa‑nulth First Nation's access to Maa‑nulth First Nation Artifacts and Maa‑nulth First Nation Archaeological Human Remains in other public collections in Canada.
20.4.1 Nothing in this Agreement affects the ability of a Maa‑nulth First Nation to participate in any future negotiations or discussions with Canada or British Columbia in respect of Nuu‑chah‑nulth Artifacts.
20.5.1 Canada will return any Maa‑nulth First Nation Archaeological Human Remains held by Canada at the Effective Date at the request of the applicable Maa‑nulth First Nation, to that Maa‑nulth First Nation, in accordance with Federal Law and policy and Provincial Law.
20.5.2 If, after the Effective Date, Maa‑nulth First Nation Archaeological Human Remains or associated burial objects come into the possession or under the control of Canada, Canada will, at the request of the applicable Maa‑nulth First Nation, transfer the Maa‑nulth First Nation Archaeological Human Remains or associated burial objects to that Maa‑nulth First Nation, in accordance with Federal Law and policy and Provincial Law.
20.5.3 In the event of competing claims among the Maa‑nulth First Nations or with another aboriginal group in relation to Maa‑nulth First Nation Archaeological Human Remains or associated burial objects, the relevant parties to the dispute will resolve the competing claim between themselves and will provide Canada with written confirmation of the settlement of the dispute before further negotiation of the transfer of the Maa‑nulth First Nation Archaeological Human Remains in question.
20.5.4 At the request of the applicable Maa‑nulth First Nation, British Columbia will return any Maa‑nulth First Nation Archaeological Human Remains held by British Columbia to that Maa‑nulth First Nation, in accordance with Provincial Law and policy.
20.5.5 The applicable Maa‑nulth First Nation may, with the consent of British Columbia, entomb any Maa‑nulth First Nation Archaeological Human Remains returned by British Columbia in accordance with 20.5.4 in any site in accordance with Provincial Law.
20.5.6 In the event of competing claims among any Maa‑nulth First Nations or with another aboriginal group as to whether human remains are Maa‑nulth First Nation Archaeological Human Remains of a particular Maa‑nulth First Nation, British Columbia may request that the relevant parties to the dispute resolve the competing claim and provide British Columbia with written confirmation of the settlement of such dispute before further negotiation of the transfer of Maa‑nulth First Nation Archaeological Human Remains.
20.6.1 Each Maa‑nulth First Nation Government may develop processes, comparable to British Columbia processes, to manage Heritage Sites on the Maa‑nulth First Nation Lands of the applicable Maa‑nulth First Nation in order to preserve Maa‑nulth First Nation and other heritage values associated with those sites.
20.6.2 Before the Effective Date, British Columbia and the Maa‑nulth First Nations will endeavour to agree on a list of key sites of cultural and historic significance outside Maa‑nulth First Nation Lands to be protected through provincial heritage site designation or through other measures agreed to by British Columbia and the Maa‑nulth First Nations.
20.6.3 If, before the Effective Date, British Columbia and the Maa‑nulth First Nations agree in writing on a list of key sites to be protected through provincial heritage site designation or through other measures agreed to in accordance with 20.6.2, on the Effective Date this Agreement is deemed to be amended by adding such list as an Appendix.
20.7.1 Before the Effective Date, the Maa‑nulth First Nations and British Columbia will endeavour to agree on a list of key geographic features to be named or renamed in the Nuu‑chah‑nulth language in accordance with Provincial Law, policy and procedures.
20.7.2 If, before the Effective Date, British Columbia and the Maa‑nulth First Nations agree in writing to a list of key geographic features to be named or renamed in the Nuu‑chah‑nulth language in accordance with 20.7.1, on the Effective Date this Agreement is deemed to be amended by adding such list as an Appendix.
20.7.3 After the Effective Date, a Maa‑nulth First Nation may propose that British Columbia name or rename other geographic features with names in the Nuu‑chah‑nulth language, and British Columbia will consider those proposals in accordance with Provincial Law, policy and procedures.
20.7.4 At the request of a Maa‑nulth First Nation, British Columbia will record names in the Nuu‑chah‑nulth language and historic background information about place names submitted by that Maa‑nulth First Nation for inclusion in the British Columbia geographic names database for the geographic features that are described in this Agreement, in accordance with Provincial Law, policy and procedures.