BILL M 223 – 2007
FIRST NATIONS HERITAGE PROTECTION AND CONSERVATION ACT, 2007
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The Heritage Conservation Act, R.S.B.C. 1996, c. 187 is amended by adding the following definitions:
"First Nations heritage object" means, whether designated or not, any object that has heritage value to a First Nation;
"First Nations heritage site" means land, whether designated or not, that has heritage value to a First Nation, and may include the following:
(a) land covered by water;
(b) cave formations; and
(c) kurst formations;
"First Nations remains" means the whole or part of the bodily remains of an Aboriginal person;
"program" means the First Nations Heritage Protection Program established under Part 2.1.
2 The Heritage Conservation Act, R.S.B.C. 1996, c. 187 is amended by adding the following Part:
PART 2.1 — FIRST NATIONS HERITAGE PROTECTION
Discovery of First Nations heritage object or remains
23.1 (1) A person who discovers anything that she or he has reasonable grounds to suspect is a First Nations heritage object or remains must report the discovery to the minister, giving particulars of the object or remains, and the location of that object or remains.
(2) Where the minister receives a report made under subsection (1) and is satisfied that the report relates to First Nations heritage, the minister must consult with any First Nation that may have an interest in the object or remains, with a view to determining the proper action to be taken in relation to that discovery.
Disposal of First Nations heritage object or remains
23.2 (1) Where a person delivers a First Nations heritage object or remains to the minister, the minister must
(a) return the remains or heritage object to a First Nation entitled to, and willing to accept, possession, custody or control of the object or remains;
(b) otherwise deal with the object or the remains in accordance with any reasonable direction of the First Nation referred to in paragraph (a); or
(c) transfer the object or the remains to a prescribed authority for safekeeping if there is no First Nation referred to under paragraph (a).
(2) Nothing in this section derogates from the right of any First Nation accepting possession, custody or control of any First Nations heritage object or remains to deal with the object or remains in accordance with the First Nation's tradition.
Emergency temporary protection order in relation to heritage sites
23.3 (1) Where the minister
(a) receives an application made orally or in writing by or on behalf of a First Nation seeking the preservation or protection of a specified area from injury or desecration, and
(b) is satisfied that the area may be a First Nations heritage site and it is under serious and immediate threat of injury or desecration,
the minister must issue a temporary protection order that will stop any work in relation to the area, to protect the area from injury or desecration.
(2) A temporary protection order under subsection (1) has the effect of stopping work in that area for a period not exceeding 120 days, as specified by the temporary protection order.
(3) The minister may extend the temporary protection order under subsection (2) for an additional 60 days if the minister is satisfied it is necessary to do so.
(4) A temporary protection order under subsections (2) and (3) must:
(a) describe the area with sufficient particulars to enable the heritage site to be identified; and
(b) contain provisions for and in relation to the protection and preservation of the heritage site from injury or desecration.
Emergency temporary protection order in relation to heritage object or remains
23.4 (1) Where the minister
(a) receives an application made orally or in writing by or on behalf of a First Nation seeking the preservation or protection of a specified object or remains from injury or desecration;
(b) is satisfied that the object or remains may be a First Nations heritage object or remains and that the object or remains is under threat of injury or desecration;
(c) has considered any effects the making of a temporary protection order may have on the proprietary or pecuniary interest of persons other than the First Nation referred to in paragraph (a); and
(d) has considered any other matter that she or he thinks are relevant
the minister must make a temporary protection order in relation to the object or the whole or that part of the class of objects, as the case may be.
(2) A temporary protection order under subsection (1) has the effect for such period as is specified in the temporary protection order.
(3) The temporary protection order under subsection (1) in relation to an object or objects must
(a) describe the object or remains with sufficient particulars to enable the object or objects to be identified; and
(b) contain provisions for and in relation to the protection and preservation of the object or remains from injury or desecration.
(4) The minister may extend the temporary protection order under subsection (2) for an additional 60 days if the minister is satisfied it is necessary to do so.
(5) A temporary protection order under subsection (1) in relation to First Nations remains may include provisions ordering the delivery of the remains to the minister or a First Nation entitled to, and willing to accept, possession, custody or control of the remains.
Consultation on application for temporary protection order
23.5 The minister must, at any time after receiving an application for a temporary protection order, whether or not the minister has made a temporary protection order pursuant to the application, request such persons as the minister considers appropriate to consult with him or her, with a view to resolving, to the satisfaction of the applicant or applicants and the minister, any matter to which the application relates.
Publication and commencement of temporary protection orders
23.6 (1) As soon as practicable after making a temporary protection order, the minister must take reasonable steps to notify the public in any region that may be concerned with a temporary protection order that a temporary protection order is in effect.
(2) As soon as practicable after making a temporary protection order, the minister must take reasonable steps to give notice, in writing, of the temporary protection order to persons likely to be substantially affected by the temporary protection order.
(3) Any failure to comply with subsections (1) or (2) does not affect the validity of a temporary protection order.
Refusal to make temporary protection order
23.7 Where the minister refuses to make a temporary protection order under this Act in pursuance of an application, the minister must notify the applicant of this decision and provide reasons for that refusal.
First Nations heritage protection program
23.8 (1) The minister will establish a provincial program for preserving and protecting First Nations heritage sites, remains and objects.
(2) The program will make funds available to local governments for the protection of First Nations heritage sites, remains and objects discovered in local areas.
(3) The Lieutenant Governor in Council will, by regulation, establish the following:
(a) the procedures for administering the program;
(b) the requirements respecting funding applications under the program; and
(c) funding maximums under the program.
Explanatory Notes
This Bill will better preserve First Nations heritage objects and sacred sites. The Bill amends the Heritage Protection Act to include a process by which First Nations can request a temporary protection order when people find a heritage site or object or remains. The Bill also creates the First Nations Heritage Protection Program, which will provide funding to local governments for the purpose of protecting sacred sites found in local areas.
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