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This Act is current to November 11, 2020
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Despite the above date, the Schedule to the Act, including the Map of Nisa'a Lands and the Appendices, is current to May 11, 2000. See "Amending Agreements" for amendments to the Schedule.

Nisa'a Final Agreement Act

[SBC 1999] CHAPTER 2

CHAPTER 17

CULTURAL ARTIFACTS AND HERITAGE

GENERAL

1. The Parties recognize the integral role of Nisa'a artifacts in the continuation of Nisa'a culture, values, and traditions.

2. The Parties recognize the Nisa'a Nation's traditional and sacred connection with Nisa'a artifacts, regardless of whether those artifacts are held by the Nisa'a Nation, a Nisa'a Village, a Nisa'a Corporation, a Nisa'a citizen, the Canadian Museum of Civilization, or the Royal British Columbia Museum.

3. If the Nisa'a 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, including an artifact set out in Appendix L-2

is a Nisa'a artifact, they will endeavour to determine whether the artifact is a Nisa'a artifact.

4. If the Nisa'a Nation or British Columbia considers that there may be an error in the determination of whether an artifact:

a. set out in Appendix L-3; or

b. in the permanent collection of the Royal British Columbia Museum, including an artifact set out in Appendix L-4

is a Nisa'a artifact, they will endeavour to determine whether the artifact is a Nisa'a artifact.

5. A disagreement in respect of a determination under paragraph 3 or 4 of whether an artifact is a Nisa'a artifact is a disagreement within the meaning of the Dispute Resolution Chapter.

6. An artifact originally obtained from a Nisa'a person, a Nisa'a community, or a Nisa'a heritage site is presumed, in the absence of proof to the contrary, to be a Nisa'a artifact.

RETURN OF NISA'A ARTIFACTS

Canadian Museum of Civilization

7. Appendix L-1 and Appendix L-2 set out all artifacts in the permanent collection of the Canadian Museum of Civilization on the effective date that have been identified as Nisa'a artifacts.

8. The Canadian Museum of Civilization will transfer to the Nisa'a Nation without condition all its legal interests in, and possession of, the Nisa'a artifacts set out in Appendix L-1:

a. as soon as practicable following a request by the Nisa'a Nation;

b. if there is no request by the Nisa'a Nation, five years after the effective date or the date that the artifact was included in Appendix L-1, whichever date is later; or

c. by any other date agreed to by the Canadian Museum of Civilization and the Nisa'a Nation.

9. The transfer of the legal interests in, and possession of, the Nisa'a artifacts under paragraph 8 is deemed to occur when those artifacts arrive at a location for delivery designated in writing by the Nisa'a Nation.

10. If the Nisa'a Nation does not designate a location for delivery, the Canadian Museum of Civilization will deliver those artifacts to the address for the Nisa'a Nation set out in the General Provisions Chapter.

11. The Canadian Museum of Civilization:

a. will continue to hold the Nisa'a artifacts set out in Appendix L-1 under the same terms and conditions as they are held on the effective date, until they are transported to the Nisa'a Nation;

b. will not be liable for any loss or damage to those Nisa'a artifacts unless the loss or damage results from dishonesty, gross negligence, or malicious or wilful misconduct of its employees or agents; and

c. will determine the transportation arrangements for, and will transport, those Nisa'a artifacts in accordance with the prevailing practices of the Canadian Museum of Civilization for transportation of artifacts to museums.

12. If, after the effective date:

a. a Nisa'a artifact is permanently acquired by the Canadian Museum of Civilization; or

b. it is determined under paragraph 3 or 5 that another artifact in the collection of the Canadian Museum of Civilization is a Nisa'a artifact

the artifact will be added to Appendix L-2 or, if the Canadian Museum of Civilization and the Nisa'a Nation agree, to Appendix L-1.

13. If it is determined under paragraph 3 or 5 that an artifact set out in Appendix L-1 is not a Nisa'a artifact:

a. the artifact will be removed from Appendix L-1; and

b. unless the Nisa'a Nation and Canada otherwise agree, the Nisa'a Nation will transfer its legal interests in, and possession of, the artifact to the Canadian Museum of Civilization.

14. If it is determined under paragraph 3 or 5 that an artifact set out in Appendix L-2 is not a Nisa'a artifact, the artifact will be removed from Appendix L-2.

15. The Nisa'a Nation and the Canadian Museum of Civilization will share possession of the Nisa'a artifacts set out in Appendix L-2 in accordance with any custodial agreements negotiated under paragraph 17.

16. The Canadian Museum of Civilization is responsible for the care, maintenance, and preservation of the Nisa'a artifacts listed in Appendix L-2, in accordance with resources available to the Canadian Museum of Civilization for those activities and any custodial agreements negotiated under paragraph 17.

17. From time to time, at the request of the Nisa'a Nation or the Canadian Museum of Civilization, the Nisa'a Nation and the Canadian Museum of Civilization will negotiate and attempt to reach custodial agreements in respect of Nisa'a artifacts listed in Appendix L-2.

18. Custodial agreements under paragraph 17 will:

a. respect Nisa'a laws and practices relating to Nisa'a artifacts; and

b. comply with federal and provincial laws of general application and the statutory mandate of the Canadian Museum of Civilization.

19. Custodial agreements under paragraph 17 may set out:

a. the Nisa'a artifacts to be in the possession of the Nisa'a Nation and those to be in the possession of the Canadian Museum of Civilization;

b. conditions of maintenance, storage, and handling of the Nisa'a artifacts;

c. conditions of access to and use, including study, display, and reproduction, of the Nisa'a artifacts and associated records by the public, researchers, and scholars;

d. provisions for incorporating new information into catalogue records and displays of the Nisa'a artifacts; and

e. provisions for enhancing public knowledge about the Nisa'a Nation through the participation of Nisa'a citizens in public programs and activities at the Canadian Museum of Civilization.

20. The Nisa'a Nation and the Canadian Museum of Civilization:

a. will consult each other if either of them proposes to transfer its legal interest in a Nisa'a artifact set out in Appendix L-1 or L-2 respectively; and

b. may exercise a right of first refusal to acquire the Nisa'a artifact on the proposed terms of the transfer.

Royal British Columbia Museum

21. Appendix L-3 and Appendix L-4 set out all artifacts in the permanent collection of the Royal British Columbia Museum on the effective date, that have been identified as Nisa'a artifacts.

22. British Columbia will transfer to the Nisa'a Nation without condition all its legal interests in, and possession of, the Nisa'a artifacts set out in Appendix L-3:

a. as soon as practicable following a request by the Nisa'a Nation;

b. if there is no request by the Nisa'a Nation, five years after the effective date or the date that the artifact was included in Appendix L-3, whichever date is later; or

c. by any other date agreed to by British Columbia and the Nisa'a Nation.

23. The transfer of the legal interests in, and possession of, the Nisa'a artifacts under paragraph 22 is deemed to occur when those artifacts arrive at a location for delivery designated in writing by the Nisa'a Nation.

24. If the Nisa'a Nation does not designate a location for delivery, the Royal British Columbia Museum will deliver those artifacts to the address for the Nisa'a Nation set out in the General Provisions Chapter.

25. The Royal British Columbia Museum:

a. will continue to hold the Nisa'a artifacts set out in Appendix L-3 under the same terms and conditions as they are held on the effective date, until they are transported to the Nisa'a Nation;

b. will not be liable for any loss or damage to those Nisa'a artifacts unless the loss or damage results from dishonesty, gross negligence, or malicious or wilful misconduct of its employees or agents; and

c. will determine the transportation arrangements for, and will transport, those Nisa'a artifacts in accordance with the prevailing practices of the Royal British Columbia Museum for transportation of artifacts to museums.

26. British Columbia will not be liable for any loss or damage to Nisa'a artifacts set out in Appendix L-3 unless the loss or damage results from dishonesty, gross negligence, or malicious or wilful misconduct of its employees or agents.

27. If, after the effective date, a Nisa'a artifact is permanently acquired by the Royal British Columbia Museum, the artifact will be included in Appendix L-4 or, where the Royal British Columbia Museum and Nisa'a Nation agree, will be transferred to Nisa'a Nation in accordance with this Chapter.

28. If it is determined under paragraph 4 or 5 of this Chapter that another artifact in the collection of the Royal British Columbia Museum on the effective date is a Nisa'a artifact, the artifact will be included in Appendix L-4, or transferred to Nisa'a Nation in accordance with this Chapter, in order to maintain the representative division of the Nisa'a artifacts in Appendix L-3 and Appendix L-4.

29. If it is determined under paragraph 4 or 5 that an artifact listed in Appendix L-3 is not a Nisa'a artifact:

a. the artifact will be removed from Appendix L-3; and

b. unless the Nisa'a Nation and British Columbia otherwise agree, the Nisa'a Nation will transfer its legal interests in, and possession of, the artifact to the Royal British Columbia Museum.

30. If it is determined under paragraph 4 or 5 that an artifact listed in Appendix L-4 is not a Nisa'a artifact, the artifact will be removed from Appendix L-4.

31. From time to time, at the request of the Nisa'a Nation or British Columbia, the Nisa'a Nation and British Columbia will negotiate and attempt to reach custodial agreements in respect of the Nisa'a artifacts listed in Appendix L-4.

32. Custodial agreements under paragraph 31 will:

a. respect Nisa'a laws and practices relating to Nisa'a artifacts; and

b. comply with federal and provincial laws of general application, and the statutory mandate of the Royal British Columbia Museum.

33. Custodial agreements under paragraph 31 may set out:

a. conditions of maintenance, storage, and handling of the Nisa'a artifacts;

b. conditions of access to and use, including study, display, and reproduction, of the Nisa'a artifacts and associated records by the public, researchers, and scholars;

c. provisions for incorporating new information into catalogue records and displays of the Nisa'a artifacts; and

d. conditions under which Nisa'a artifacts may be permanently removed from the collection of the Royal British Columbia Museum.

34. The Nisa'a Nation and British Columbia may negotiate agreements that:

a. establish processes for lending Nisa'a artifacts;

b. provide for replication of Nisa'a artifacts;

c. provide for professional and technical training for Nisa'a citizens in museum skills and conservation expertise;

d. provide for enhancing public knowledge about the Nisa'a Nation through the participation of Nisa'a citizens in public programs and activities at the Royal British Columbia Museum; and

e. provide for other matters.

ACCESS TO OTHER COLLECTIONS

35. From time to time, at the request of the Nisa'a Nation, Canada and British Columbia will use reasonable efforts to facilitate the Nisa'a Nation's access to Nisa'a artifacts and human remains of Nisa'a ancestry that are held in other public and private collections.

PROTECTION OF HERITAGE SITES

36. Nisa'a Government will develop processes to manage heritage sites on Nisa'a Lands in order to preserve the heritage values associated with those sites from proposed land and resource activities that may affect those sites.

37. British Columbia will develop or continue processes to manage heritage sites in order to preserve the heritage values associated with those sites from proposed land and resource activities that may affect those sites.

38. The processes under paragraphs 36 and 37 will include measures designed to:

a. identify heritage sites;

b. provide notice to each other of heritage sites;

c. assess the significance of heritage sites;

d. ensure appropriate protective or management measures are taken to protect, or, if necessary, to mitigate the effects of unavoidable impacts on, heritage sites and associated material; and

e. ensure that the appropriate person takes those measures and bears the associated costs.

39. Until Nisa'a Government establishes the processes referred to in paragraph 36, British Columbia's processes will apply on Nisa'a Lands.

OTHER NISA'A ARTIFACTS

40. The Nisa'a Nation owns any Nisa'a artifact discovered within Nisa'a Lands or Category A Lands after the effective date, unless another person establishes their ownership of the artifact.

41. If any Nisa'a artifact discovered in British Columbia outside Nisa'a Lands and Category A lands comes into the permanent possession, or under the control, of British Columbia, British Columbia will lend the artifact to the Nisa'a Nation in accordance with any agreements negotiated under paragraph 31 or 34, and British Columbia may transfer the artifact to the Nisa'a Nation.

42. If any Nisa'a artifact discovered outside Nisa'a Lands and Category A lands comes into the permanent possession, or under the control, of Canada, Canada may lend the artifact to the Nisa'a Nation in accordance with any agreements negotiated with the Nisa'a Nation, and Canada may transfer the artifact to Nisa'a Nation.

HUMAN REMAINS

43. Subject to federal and provincial laws, any human remains of individuals of Nisa'a ancestry that are removed from a heritage site will be delivered to the Nisa'a Nation.

Contents | Sections 1-70 | Schedule - Table of Contents | Preamble | Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6 | Chapter 7 | Chapter 8 | Chapter 9 | Chapter 10 | Chapter 11 | Chapter 12 | Chapter 13 | Chapter 14 | Chapter 15 | Chapter 16 | Chapter 17 | Chapter 18 | Chapter 19 | Chapter 20 | Chapter 21 | Chapter 22 | Schedule - Map of Nisga'a Lands | Appendix - Contents | Appendix - Introduction | Appendix A | Appendix B | Appendix C | Appendix D | Appendix E | Appendix F | Appendix G | Appendix H | Appendix I | Appendix J | Appendix K | Appendix L | Appendix M