Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to subsection 51(1) of the Nunavut Act a, hereby makes the annexed Nunavut Archaeological and Palaeontological Sites Regulations. S.C. 1993, c. 28
Interpretation
The following definitions apply in these Regulations.
archaeological artifact means any tangible evidence of human activity that is more than 50 years old and in respect of which an unbroken chain of possession or regular pattern of usage cannot be demonstrated, and includes a Denesuline archaeological specimen referred to in section 40.4.9 of the Nunavut Land Claims Agreement. (artefact archéologique)
archaeological site means a site where an archaeological artifact is found. (lieu archéologique)
Class 1 permit means a permit that entitles the permittee to survey and document the characteristics of an archaeological or palaeontological site in a manner that does not alter or otherwise disturb the site. (permis de classe 1)
Class 2 permit means a permit that entitles the permittee to
survey and document the characteristics of an archaeological or palaeontological site;
excavate an archaeological or palaeontological site;
remove archaeological artifacts from an archaeological site or remove fossils from a palaeontological site; or
otherwise alter or disturb an archaeological or palaeontological site. (permis de classe 2)
designated agency has the same meaning as in section 33.1.1 of the Nunavut Land Claims Agreement. (organisme désigné)
fossil means the hardened or preserved remains of or the impression of previously living organisms and vegetation and includes
natural casts;
preserved tracks, coprolites and plant remains; and
the preserved shells and exoskeletons of invertebrates and the preserved eggs, teeth and bones of vertebrates. (fossile)
Inuit-owned lands has the same meaning as in section 1.1.1 of the Nunavut Land Claims Agreement. (terres inuit)
palaeontological site means a site where a fossil is found. (lieu paléontologique)
Application
These Regulations apply to all lands and waters in Nunavut other than
those within the boundaries of a park, as defined in the Canada National Parks Act; and
any lands set apart as a national historic site of Canada under section 42 of that Act.
Protection of Artifacts and Fossils
Subject to subsection (2), no person shall possess or sell
an archaeological artifact that was removed from an archaeological site on or after June 15, 2001; or
a fossil that was removed from an palaeontological site on or after June 15, 2001.
The prohibition on possession in subsection (1) does not apply to
a person or organization possessing an archaeological artifact or fossil under the terms of an agreement with a person or organization referred to in paragraph (a); or
the holder of a Class 2 permit, during the term of the permit and for a period of three months after the expiration of the permit.
Protection of Archaeological Sites
No person shall search for archaeological sites or archaeological artifacts, or survey an archaeological site, without a Class 1 or Class 2 permit.
No person shall excavate, alter or otherwise disturb an archaeological site, or remove an archaeological artifact from an archaeological site, without a Class 2 permit.
No person, other than a person engaged in a search and rescue operation, shall dive, or approach with an underwater submersible, to within 30 m of an archaeological artifact without a Class 2 permit.
Subsection (1) shall not be interpreted to prohibit the establishment of an outpost camp on an archaeological site in accordance with section 7.6.3 of the Nunavut Land Claims Agreement.
Protection of Palaeontological Sites
No person shall search for palaeontological sites or fossils, or survey a palaeontological site, without a Class 1 or Class 2 permit.
No person shall excavate, alter or otherwise disturb a palaeontological site, or remove a fossil from a palaeontological site, without a Class 2 permit.
Issuance of Permits
A person may apply for a Class 1 permit by submitting an application, in writing, to the designated agency, setting out
the name and qualifications of the applicant and of all persons who will be working on the proposed project;
a description of the project, including
a statement as to whether the project relates to archaeological or palaeontological sites, and
a map and geographic coordinates of the project area; and
the objectives of the project.
the applicant has demonstrated the expertise in archaeology or palaeontology necessary to conduct the project and complete the report required under subsection 14(2); and
the applicant has complied with all conditions precedent to obtaining such a permit set out in the Nunavut Land Claims Agreement.
A person may apply for a Class 2 permit by submitting an application, in writing, to the designated agency, setting out
the name and qualifications of the applicant;
the name and qualifications of all persons who will be working on the proposed project, if known;
a description of the project, including
a statement as to whether the project relates to archaeological or palaeontological sites, and
a map and geographic coordinates of the project area;
the objectives of the project;
plans for the conservation of any archaeological artifacts or fossils proposed to be collected under the permit;
where the project relates to an archaeological site, a description of arrangements made for acceptance,
by a curation repository designated by the Inuit Heritage Trust under section 33.7.6 of the Nunavut Land Claims Agreement, of any archaeological artifacts proposed to be collected under the permit on Inuit-owned lands, or
by a curation repository designated by the designated agency under section 33.7.7 of the Nunavut Land Claims Agreement, of any archaeological artifacts proposed to be collected under the permit on any other lands;
where the project relates to a palaeontological site, a description of arrangements made with the minister of the government of Nunavut responsible for culture and heritage for acceptance of any fossils proposed to be collected under the permit;
a copy of the budget of the project, including funds allocated for the preservation of archaeological artifacts or fossils, and a confirmation of the project funding; and
a description of the manner in which the archaeological or palaeontological site will be restored.
the applicant has demonstrated the expertise in archaeology or palaeontology necessary to conduct the project;
the scientific and cultural benefits of the project outweigh the adverse impact of the project on the archaeological or palaeontological site; and
the applicant has complied with all conditions precedent to obtaining such a permit set out in the Nunavut Land Claims Agreement.
Subject to subsections (2) and (3), an applicant who has contravened these Regulations or the conditions of any previous permit or other authorization for the search for, or excavation of, archaeological or palaeontological sites that was issued in any country is not entitled to be issued a permit under section 8 or 9, if the contravention has not been remedied.
An applicant who is alleged to have contravened the conditions of any previous permit or other authorization referred to in subsection (1) and who has not remedied the contravention, may provide the designated agency with a statement explaining the circumstances of the alleged contravention including any other relevant information that the applicant considers appropriate.
The designated agency shall consider the applicant’s statement in respect of an alleged contravention and shall decide whether the applicant should be issued a Class 1 or Class 2 permit despite the alleged contravention of the conditions of any previous permit or other authorization referred to in subsection (1) that has not been remedied.
Assignment
A permit shall not be assigned.
Expiration
A permit expires on December 31 of the year for which it was issued.
Site Restoration
A person who excavates an archaeological or palaeontological site shall, on completion of the excavation, restore the site, in so far as is practicable, to its original state.
Reports
where the permit is in respect of an archaeological site,
the Inuit Heritage Trust;
the minister of the government of Nunavut responsible for culture and heritage; and
the Canadian Museum of Civilization; and
where the permit is in respect of a palaeontological site, the minister of the government of Nunavut responsible for culture and heritage.
A report of work done under a Class 1 permit shall set out the name of the permittee, the date of the report and the permit number and shall include, for each archaeological or palaeontological site visited, a description of the work undertaken, including
a description of the site;
National Topographic Series maps, on a scale of 1:50,000 or 1:250,000, showing the location of the site;
a detailed plan of the site; and
representative photographs of the site.
A report of work done under a Class 2 permit shall set out the name of the permittee, the date of the report and the permit number and shall include, for each archaeological or palaeontological site visited,
a description of the work undertaken, including
a description of the site,
National Topographic Series maps, on a scale of 1:50,000 or 1:250,000, showing the location of the site,
detailed plans of the site and each excavation unit on the site,
a vertical scale drawing of the stratigraphy of each excavation unit,
representative photographs of the site, taken before and during excavation and after completion of restoration of the site,
a description of any subsurface testing, and
measurements of the depths at which all archaeological artifacts or fossils were found and their horizontal provenience;
a description of the methods used in data acquisition, recording and analysis, including those used in field, archival and laboratory investigations;
a description of any archaeological artifact or fossil conservation treatments and the name of the conservator;
a description of any environmental factors and recent history relating to the site;
an assessment of the current physical status of the site and any present or potential factors that could alter that status; and
an interpretation of the significance of the site based on a summary examination of the findings resulting from the work undertaken.
Repository
Subject to subsection (2), all archaeological artifacts collected by a permittee shall be submitted, on or before March 31 of the year following the year for which the permit was issued,
where the artifacts were collected on Inuit-owned lands, to a curation repository designated by the Inuit Heritage Trust under section 33.7.6 of the Nunavut Land Claims Agreement; or
where the artifacts were collected on any other lands, to a curation repository designated by the designated agency under section 33.7.7 of the Nunavut Land Claims Agreement.
Any Denesuline archaeological specimens collected by a permittee shall be submitted to the designated agency on or before March 31 of the year following the year for which the permit was issued.
All fossils collected by a permittee shall be submitted, on or before March 31 of the year following the year for which the permit was issued, to the minister of the government of Nunavut responsible for culture and heritage.
Coming into Force
These Regulations come into force on June 15, 2001.