CHAPTER 6 ARTIFACTS, HERITAGE SITES, HUMAN REMAINS AND PLACE NAMES

6.1 ARTIFACTS
6.2 CANADIAN MUSEUM OF CIVILIZATION
6.3 THE PARKS CANADA AGENCY
6.4 ROYAL BRITISH COLUMBIA MUSEUM
6.5 ACCESS TO OTHER COLLECTIONS
6.6 YALE FIRST NATION ARCHAEOLOGICAL HUMAN REMAINS
6.7 HERITAGE SITES
6.8 PLACE NAMES

6.1  ARTIFACTS

6.1.1  The Parties recognize the integral role of the Yale First Nation Artifacts in the continuation of Yale First Nation's culture, values, and traditions, whether those artifacts are held by:

a. Yale First Nation;

b. a Yale First Nation Corporation;

c. a Yale First Nation Public Institution;

d. a Yale First Nation Member;

e. the Parks Canada Agency;

f. the Canadian Museum of Civilization; or

g. the Royal British Columbia Museum.

6.1.2  Yale First Nation owns Yale First Nation Artifacts discovered, after the Effective Date, on Yale First Nation Land in an archaeological context unless another person establishes ownership of those artifacts.

6.1.3  Nothing in this Agreement affects the ability of Yale First Nation to participate in future negotiations or discussions with Canada or British Columbia with respect to Yale First Nation Artifacts.

6.2  CANADIAN MUSEUM OF CIVILIZATION

6.2.1  Appendix L-1 sets out all artifacts in the permanent collection of the Canadian Museum of Civilization on the Effective Date that have been identified as Yale First Nation Artifacts.

Custodial Agreements

6.2.2  From time to time, at the request of Yale First Nation or the Canadian Museum of Civilization, Yale First Nation and the Canadian Museum of Civilization will negotiate and attempt to reach custodial agreements in respect of the Yale First Nation Artifacts listed in Appendix L-1.

6.2.3  Custodial agreements under 6.2.2 will:

a. respect Yale First Nation Laws and practices relating to Yale First Nation Artifacts; and

b. comply with Federal and Provincial Law and the statutory mandate of the Canadian Museum of Civilization.

6.2.4  Custodial agreements under 6.2.2 may set out:

a. the Yale First Nation Artifacts to be in the possession of Yale First Nation and those to be in the possession of the Canadian Museum of Civilization;

b. conditions of maintenance, storage, and handling of the Yale First Nation Artifacts;

c. conditions of access to and use, including study, display, and reproduction, of the Yale 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 Yale First Nation Artifacts; and

e. provisions for enhancing public knowledge about Yale First Nation through the participation of Yale First Nation Members in public programs and activities at the Canadian Museum of Civilization.

6.2.5  If the Canadian Museum of Civilization proposes to transfer its legal interest in a Yale First Nation Artifact set out in Appendix L-1, it will consult with Yale First Nation and Yale First Nation may exercise a right of first refusal to acquire the Yale First Nation Artifact on the proposed terms of the transfer.

6.2.6  If Yale First 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

is a Yale First Nation Artifact, Canada and Yale First Nation will endeavour to determine whether the artifact is a Yale First Nation Artifact.

6.2.7  A disagreement in respect of a determination under 6.2.6 of whether an artifact is a Yale First Nation Artifact is a Disagreement.

6.2.8  If, after the Effective Date:

a. a Yale First Nation Artifact is permanently acquired by the Canadian Museum of Civilization; or

b. it is determined under 6.2.6 or 6.2.7 that another artifact in the collection of the Canadian Museum of Civilization is a Yale First Nation Artifact,

the Parties will amend Appendix L-1 in accordance with 27.1.9 to include the artifact.

6.3  THE PARKS CANADA AGENCY

6.3.1  If Yale 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 Yale First Nation Artifact, Yale First Nation and the Parks Canada Agency will make reasonable efforts to determine whether the artifact is a Yale First Nation Artifact.

6.3.2  A disagreement in respect of a determination under 6.3.1 of whether an artifact is a Yale First Nation Artifact is a Disagreement.

6.3.3  If, after the Effective Date:

a. a Yale First Nation Artifact comes into the permanent possession, or under the control, of the Parks Canada Agency; or

b. it is determined under 6.3.1 or 6.3.2 that an artifact in the permanent collection of the Parks Canada Agency is a Yale First Nation Artifact

the Parks Canada Agency may enter into an agreement to transfer or loan that artifact to Yale First Nation.

6.4  ROYAL BRITISH COLUMBIA MUSEUM

6.4.1  The Royal British Columbia Museum will transfer to Yale First Nation without condition all its legal interests in, and possession of, the Yale First Nation Artifacts set out in Appendix L-2:

a. following a request by Yale First Nation;

b. if there is no request from Yale First Nation, five years after the Effective Date; or

c. by any other date agreed to by British Columbia and Yale First Nation.

6.4.2  Notwithstanding the five year time period contemplated by 6.4.1b, if the transfer of the Yale First Nation Artifacts has not occurred within four years after the Effective Date, at the request of Yale First Nation or the Royal British Columbia Museum, Yale 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 an additional five years; and

b. the payment by Yale First Nation of the costs of the Royal British Columbia Museum associated with holding the Yale First Nation Artifacts during any such extended time period, including costs related to storage, insurance, access, inspection and shipping of those Yale First Nation Artifacts.

6.4.3  The transfer of legal interests in, and possession of, Yale First Nation Artifacts under 6.4.1 is deemed to occur when those artifacts arrive at a location for delivery in British Columbia, as designated in a notice given by Yale First Nation.

6.4.4  If Yale First Nation does not designate a location for delivery, the Royal British Columbia Museum will deliver those artifacts to the address of Yale First Nation identified in 2.24.6.

6.4.5  The Royal British Columbia Museum will:

a. continue to hold the Yale First Nation Artifacts set out in Appendix L-2 under the same terms and conditions as they are held on the Effective Date, until they are transported to Yale First Nation;

b. not be liable for any loss or damage to those 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 transportation arrangements for, and will transport, those artifacts in accordance with the prevailing practices of the Royal British Columbia Museum for transportation of artifacts to museums.

6.4.6  At the request of Yale First Nation, the Royal British Columbia Museum will provide Yale First Nation with a list of all of the artifacts in its permanent collection that are identified as Yale First Nation Artifacts.

6.4.7  At the request of Yale First Nation or British Columbia, Yale First Nation and the Royal British Columbia Museum may enter into an agreement regarding custodial arrangements with respect to the Yale First Nation Artifacts held by the Royal British Columbia Museum.

6.4.8  An agreement under 6.4.7 will respect Yale First Nation cultural traditions relating to Yale First Nation Artifacts and will comply with Federal and Provincial Law, including the statutory mandate of the Royal British Columbia Museum.

6.4.9  British Columbia is not liable for any loss or damage to Yale First Nation Artifacts held by the Royal British Columbia Museum unless the loss or damage results from dishonesty, gross negligence, or malicious or wilful misconduct of its employees or agents.

6.5  ACCESS TO OTHER COLLECTIONS

6.5.1  From time to time, at the request of Yale First Nation, Canada will make reasonable efforts to facilitate Yale First Nation's access to Yale First Nation Artifacts and Yale First Nation Archaeological Human Remains in other public collections in Canada.

6.6  YALE FIRST NATION ARCHAEOLOGICAL HUMAN REMAINS

6.6.1  At the request of Yale First Nation, Canada will transfer any Yale First Nation Archaeological Human Remains or Associated Burial Objects, held by Canada at the Effective Date, to Yale First Nation, in accordance with Federal and Provincial Law and federal policy.

6.6.2  If, after the Effective Date, any Yale 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 Yale First Nation, transfer the Yale First Nation Archaeological Human Remains or Associated Burial Objects to Yale First Nation, in accordance with Federal and Provincial Law and federal policy.

6.6.3  In the event of a competing claim with another aboriginal group as to whether human remains or associated burial objects are Yale First Nation Archaeological Human Remains or Associated Burial Objects, the parties to the dispute will resolve the competing claim between themselves and provide Canada with written confirmation of the settlement of the dispute before further negotiation of any transfer under 6.6.2.

6.6.4  At the request of Yale First Nation, British Columbia will transfer any Yale First Nation Archaeological Human Remains or Associated Burial Objects, held by British Columbia, to Yale First Nation, in accordance with Provincial Law and provincial policy.

6.6.5  Yale First Nation may, with the consent of British Columbia, inter any Yale First Nation Archaeological Human Remains or Associated Burial Objects delivered by British Columbia under 6.4 to any site in accordance with Provincial Law and provincial policy.

6.6.6  In the event of a competing claim with another aboriginal group as to whether human remains or associated burial objects are Yale First Nation Archaeological Human Remains or Associated Burial Objects, the parties to the dispute will resolve the competing claim between themselves and provide British Columbia with written confirmation of the settlement of such dispute before further negotiation of any transfer under 6.6.4.

6.7  HERITAGE SITES

6.7.1  Yale First Nation may propose that British Columbia protect sites of cultural and historic significance within the Yale First Nation Area through provincial heritage site designation or through other measures agreed to by British Columbia and Yale First Nation.

6.7.2  British Columbia will consider proposals under 6.7.1 in accordance with Provincial Law, and provincial policy and procedures.

6.8  PLACE NAMES

6.8.1  On the Effective Date, British Columbia will add the place names set out in Appendix K, Part 1 to the provincial geographical names database.

6.8.2  Yale First Nation may propose that British Columbia name, rename or add a place name to a geographic feature in accordance with Provincial Law, and provincial policy and procedures.

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