Nunavut Archaeological and Palaeontological Sites Regulations (SOR/2001-220)

Interpretation

1 The following definitions apply in these Regulations.

archaeological artifact

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

archaeological site means a site where an archaeological artifact is found. (lieu archéologique)

Class 1 permit

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

Class 2 permit means a permit that entitles the permittee to

• (a) survey and document the characteristics of an archaeological or palaeontological site;

• (b) excavate an archaeological or palaeontological site;

• (c) remove archaeological artifacts from an archaeological site or remove fossils from a palaeontological site; or

• (d) otherwise alter or disturb an archaeological or palaeontological site. (permis de classe 2)

designated agency

designated agency has the same meaning as in section 33.1.1 of the Nunavut Land Claims Agreement. (organisme désigné)

fossil

fossil means the hardened or preserved remains of or the impression of previously living organisms and vegetation and includes

• (a) natural casts;

• (b) preserved tracks, coprolites and plant remains; and

• (c) the preserved shells and exoskeletons of invertebrates and the preserved eggs, teeth and bones of vertebrates. (fossile)

Inuit-owned lands

Inuit-owned lands has the same meaning as in section 1.1.1 of the Nunavut Land Claims Agreement. (terres inuit)

Nunavut Land Claims Agreement

Nunavut Land Claims Agreement means the Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada, signed on May 25, 1993. (Accord sur les revendications territoriales du Nunavut)

palaeontological site

palaeontological site means a site where a fossil is found. (lieu paléontologique)

Application

2 These Regulations apply to all lands and waters in Nunavut other than

• (a) those within the boundaries of a park, as defined in the Canada National Parks Act; and

• (b) any lands set apart as a national historic site of Canada under section 42 of that Act.

Protection of Artifacts and Fossils

• 3 (1) Subject to subsection (2), no person shall possess or sell

  • (a) an archaeological artifact that was removed from an archaeological site on or after June 15, 2001; or

  • (b) a fossil that was removed from an palaeontological site on or after June 15, 2001.

• (2) The prohibition on possession in subsection (1) does not apply to

  • (a) a person or organization receiving an archaeological artifact or fossil pursuant to section 15 or 16;

  • (b) 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

  • (c) 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

4 No person shall search for archaeological sites or archaeological artifacts, or survey an archaeological site, without a Class 1 or Class 2 permit.

• 5 (1) 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.

• (2) 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.

• (3) 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

6 No person shall search for palaeontological sites or fossils, or survey a palaeontological site, without a Class 1 or Class 2 permit.

7 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

• 8 (1) A person may apply for a Class 1 permit by submitting an application, in writing, to the designated agency, setting out

  • (a) the name and qualifications of the applicant and of all persons who will be working on the proposed project;

  • (b) a description of the project, including

    • (i) a statement as to whether the project relates to archaeological or palaeontological sites, and

    • (ii) a map and geographic coordinates of the project area; and

  • (c) the objectives of the project.

• (2) Subject to section 10, within 90 days after receipt of an application made under subsection (1) or after any longer period required to ascertain that the requirements of paragraphs (a) and (b) have been met, the designated agency shall issue a Class 1 permit for the proposed project if

  • (a) 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

  • (b) the applicant has complied with all conditions precedent to obtaining such a permit set out in the Nunavut Land Claims Agreement.

• 9 (1) A person may apply for a Class 2 permit by submitting an application, in writing, to the designated agency, setting out

  • (a) the name and qualifications of the applicant;

  • (b) the name and qualifications of all persons who will be working on the proposed project, if known;

  • (c) a description of the project, including

    • (i) a statement as to whether the project relates to archaeological or palaeontological sites, and

    • (ii) a map and geographic coordinates of the project area;

  • (d) the objectives of the project;

  • (e) plans for the conservation of any archaeological artifacts or fossils proposed to be collected under the permit;

  • (f) where the project relates to an archaeological site, a description of arrangements made for acceptance,

    • (i) 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

    • (ii) 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;

  • (g) 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;

  • (h) 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

  • (i) a description of the manner in which the archaeological or palaeontological site will be restored.

• (2) Subject to section 10, within 90 days after receipt of an application made under subsection (1) or after any longer period required to ascertain that the requirements of paragraphs (a) to (c) have been met, the designated agency shall issue a Class 2 permit for the proposed project if

  • (a) the applicant has demonstrated the expertise in archaeology or palaeontology necessary to conduct the project;

  • (b) the scientific and cultural benefits of the project outweigh the adverse impact of the project on the archaeological or palaeontological site; and

  • (c) the applicant has complied with all conditions precedent to obtaining such a permit set out in the Nunavut Land Claims Agreement.

• 10 (1) 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.

• (2) 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.

• (3) 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

11 A permit shall not be assigned.

Expiration

12 A permit expires on December 31 of the year for which it was issued.

Site Restoration

13 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

• 14 (1) On or before March 31 of the year following the year for which a permit was issued, the holder of a Class 1 permit shall provide a copy of the report referred to in subsection (2), and the holder of a Class 2 permit shall provide a copy of the report referred to in subsection (3), to each of

  • (a) where the permit is in respect of an archaeological site,

    • (i) the Inuit Heritage Trust;

    • (ii) the minister of the government of Nunavut responsible for culture and heritage; and

    • (iii) the Canadian Museum of Civilization; and

  • (b) where the permit is in respect of a palaeontological site, the minister of the government of Nunavut responsible for culture and heritage.

• (2) 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) a description of the site;

  • (b) National Topographic Series maps, on a scale of 1:50,000 or 1:250,000, showing the location of the site;

  • (c) a detailed plan of the site; and

  • (d) representative photographs of the site.

• (3) 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) a description of the work undertaken, including

    • (i) a description of the site,

    • (ii) National Topographic Series maps, on a scale of 1:50,000 or 1:250,000, showing the location of the site,

    • (iii) detailed plans of the site and each excavation unit on the site,

    • (iv) a vertical scale drawing of the stratigraphy of each excavation unit,

    • (v) representative photographs of the site, taken before and during excavation and after completion of restoration of the site,

    • (vi) a description of any subsurface testing, and

    • (vii) measurements of the depths at which all archaeological artifacts or fossils were found and their horizontal provenience;

  • (b) a description of the methods used in data acquisition, recording and analysis, including those used in field, archival and laboratory investigations;

  • (c) a description of any archaeological artifact or fossil conservation treatments and the name of the conservator;

  • (d) a description of any environmental factors and recent history relating to the site;

  • (e) an assessment of the current physical status of the site and any present or potential factors that could alter that status; and

  • (f) an interpretation of the significance of the site based on a summary examination of the findings resulting from the work undertaken.