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Part of the legislation in place

Posted by Lee Walsh on Sun Oct 07, 2001 01:35:02 AM

In reply top Re: Hurricane crash in Canada, in search of...[2] posted by Lee Walsh on Sun Oct 07, 2001 01:32:46 AM

CFAO 36-16 -- ARCHAEOLOGICAL FINDS
PURPOSE
1. This order draws attention to the laws and regulations that apply when objects that may appear to have archaeological or historical significance are found in Canada or its territorial waters, and provides brief guidance for members of the Canadian Forces (CF) who may find such objects.

LEGISLATION
2. Canada and its provinces and territories have various statutes and regulations affecting the treatment of historical or archaeological finds. These include:

Federal: The Indian Act.
The National Parks General Regulations.
The Canada Shipping Act, Part X: Wrecks, Salvage and Investigations into Shipping Casualties.


Alberta: The Alberta Historical Resources Act.

British Columbia: The Heritage Conservation Act.


Manitoba: The Historic Sites and Objects Act.


New Brunswick: The Historic Sites Protection Act.


Newfoundland: The Historic Objects, Sites and Records Act.


Nova Scotia: The Historical Objects Protection Act.


Ontario: The Ontario Heritage Act.


Prince Edward Island: Archaeological Investigation Act.


Quebec: The Cultural Property Act.


Saskatchewan: The Provincial Parks, Protected Areas, Recreation
Sites and Antiquities Act.


Northwest Territories: The Northwest Territories Archaeological Sites Regulations.


Yukon Territory: Archaeological Sites Regulations.


3. The legislation varies widely from one jurisdiction to another and may be changed or augmented from time to time. Most important to note is that all jurisdictions provide penalties for the unauthorized removal of a newly found artifacts of archaeological or historical interest (under one name or another); disposal of the artifact will be arranged by an official of the local jurisdiction.


NOTES 1. The Indian Act controls the acquisition of artifacts from Indian reserves.


2. The National Parks General Regulations concern finds in
National parks.


3. The Canada Shipping Act places wrecked vessels and wreckage there from under the control of the Minister of Transport.


FINDS BY MEMBERS OF THE CANADIAN ARMED FORCES
4. Whether on duty or not, members of the CF shall not move any archaeological or historical artifact found by chance except to prevent its destruction, but shall report its exact location to the competent authority, copy to NDHQ/D History (Director History).

5. Except as members of academically or locally organized civilian archaeological or historical groups, members of the CF shall not undertake any archaeological activity, whether on DND property or not, until the project director has familiarized himself with the applicable laws and regulations and obtained any necessary permit. In its execution the director shall ensure that the project conforms to the terms and conditions of the applicable legislation.
6. Where a field report is required by the competent authority, a copy shall be forwarded to NDHQ/D History. If no such report is required, the project shall be briefly described in an annex to the Annual Historical Report of the unit involved

(see paragraph 9 of 71-7).
(C) 1325-1 (D History)
Issued 2 Mar 79
INDEX
Archaeology
Historical


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