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The printed version remains the official version.
HONOURABLE IDA CHONG
MINISTER OF ABORIGINAL RELATIONS
AND RECONCILIATION
CHAPTER 14 – CULTURE AND HERITAGE
1. The Tla’amin Nation has the right to practise the Tla’amin culture, and to use the Tla’amin language, in a manner consistent with this Agreement.
2. Tla’amin Citizens may exercise the right under paragraph 1 except as otherwise provided under Tla’amin Law.
3. For greater certainty, nothing in paragraph 1 or 2:
a. creates or implies any financial obligations or service delivery responsibilities on the part of any of the Parties; or
b. otherwise authorizes or permits the use of Crown land or resources except in accordance with this Agreement.
4. The Tla’amin Nation may make laws applicable on Tla’amin Lands in relation to:
a. the preservation, promotion and development of Tla’amin culture and Tla’amin language;
b. the establishment, conservation, protection and management of Heritage Sites, including public access to those sites; and
c. cremation or interment of Archaeological Human Remains found on Tla’amin Lands or returned to the Tla’amin Nation.
5. Tla’amin Law under subparagraph 4.b will:
a. establish standards and processes for the conservation and protection of Heritage Sites; and
b. ensure the Minister is provided with information relating to:
i. the location of Heritage Sites; and
ii. any materials recovered from Heritage Sites.
6. Notwithstanding paragraph 66 of the General Provisions Chapter, where British Columbia and the Tla’amin Nation agree, information provided by the Tla’amin Nation to British Columbia under subparagraph 5.b will not be subject to public disclosure without the Tla’amin Nation's prior written consent.
7. Until the Tla’amin Nation makes a law under subparagraph 4.b, British Columbia's standards and permitting processes for heritage inspections, heritage investigations and the alteration of Heritage Sites will apply to the Tla’amin Nation.
8. For the purposes of subparagraph 4.c, "interment" includes the burial or placement of Archaeological Human Remains in a grave, crypt, vault, chamber or cave.
9. Tla’amin Law under paragraph 4 prevails to the extent of a Conflict with Federal or Provincial Law.
10. The Parties recognize the integral role of Tla’amin Artifacts in the continuation of Tla’amin culture, values and traditions, whether those artifacts are held by the Tla’amin Nation, the Canadian Museum of Civilization, the Royal British Columbia Museum or other public collections.
11. The Tla’amin Nation owns any Tla’amin Artifact discovered within Tla’amin Lands after the Effective Date, unless another person establishes ownership of that artifact.
12. After the Effective Date, where any Tla’amin Artifact discovered outside Tla’amin Lands comes into the permanent possession or under the control of Canada, Canada may lend or transfer its legal interest in that artifact to the Tla’amin Nation in accordance with an agreement negotiated between the Tla’amin Nation and Canada.
13. After the Effective Date, where any Tla’amin Artifact comes into the permanent possession or under the control of British Columbia, British Columbia may lend or transfer its legal interest in that artifact to the Tla’amin Nation in accordance with an agreement negotiated between the Tla’amin Nation and British Columbia.
14. Where an artifact held by the Canadian Museum of Civilization as of the Effective Date is established to the satisfaction of the Tla’amin Nation and the Canadian Museum of Civilization to be a Tla’amin Artifact, the Tla’amin Nation and the Canadian Museum of Civilization may negotiate and attempt to reach agreement with respect to the disposition of, including repatriation, or custodial arrangements for, that artifact.
15. Parts 1 and 2 of Appendix V set out all artifacts in the permanent collection of the Royal British Columbia Museum on the Effective Date that have been identified as Tla’amin Artifacts.
16. British Columbia will transfer to the Tla’amin Nation its legal interest in, and possession of, the Tla’amin Artifacts set out in Part 1 of Appendix V:
a. as soon as practicable following a request by the Tla’amin Nation;
b. if there is no request by the Tla’amin Nation, five years after the Effective Date; or
c. by any other date agreed to by British Columbia and the Tla’amin Nation.
17. Notwithstanding the five year time period under subparagraph 16.b, if the transfer of Tla’amin Artifacts has not occurred within five years following the Effective Date, at the request of the Tla’amin Nation or the Royal British Columbia Museum, the Tla’amin Nation and British Columbia will negotiate and attempt to reach agreement on:
a. the extension of the time period for up to an additional five years; and
b. the payment by the Tla’amin Nation of the costs of the Royal British Columbia Museum associated with holding the Tla’amin Artifacts during any such extended time period, including costs related to storage, insurance, access, inspection and shipping of the Tla’amin Artifacts.
18. The transfer of Tla’amin Artifacts under paragraph 16 is deemed to occur:
a. when the Tla’amin Artifacts arrive at a location for delivery designated in writing by the Tla’amin Nation; or
b. if the Tla’amin Nation does not designate a location for delivery, when the Tla’amin Artifacts are delivered to the address for the Tla’amin Nation set out in the General Provisions Chapter.
19. The Royal British Columbia Museum:
a. will continue to hold the Tla’amin Artifacts set out in Part 1 of Appendix V under the same terms and conditions as they are held on the Effective Date, until they are transported to the Tla’amin Nation;
b. will not be liable for any loss or damage to those Tla’amin Artifacts unless the loss or damage results from dishonesty, gross negligence, or malicious or willful misconduct of its employees or agents; and
c. will determine the transportation arrangements for, and will transport, those Tla’amin Artifacts in accordance with the prevailing practices of the Royal British Columbia Museum for transportation of artifacts to museums.
20. At the request of the Tla’amin Nation or British Columbia, the Tla’amin Nation and the Royal British Columbia Museum will negotiate and attempt to reach agreement on custodial arrangements with respect to Tla’amin Artifacts that remain in the collection of the Royal British Columbia Museum.
21. An agreement on custodial arrangements under paragraph 20 will respect Tla’amin cultural traditions in relation to Tla’amin Artifacts and will comply with Federal and Provincial Law, including the statutory mandate of the Royal British Columbia Museum.
22. At the request of the Tla’amin Nation, and in accordance with Federal and Provincial Law, Canada will make reasonable efforts to facilitate access by the Tla’amin Nation to Tla’amin Artifacts, Tla’amin Records or Tla’amin Archaeological Human Remains that are held in other public collections in Canada.
23. At the request of the Tla’amin Nation, the Royal British Columbia Museum will share, in accordance with Federal and Provincial Law, any information it has about Tla’amin Artifacts, Tla’amin Records or Tla’amin Archaeological Human Remains that are held in other public collections in Canada.
24. At the request of the Tla’amin Nation, Canada will return to the Tla’amin Nation any Tla’amin Archaeological Human Remains or associated burial objects held by Canada as of the Effective Date, in accordance with Federal and Provincial Law and federal policy.
25. At the request of the Tla’amin Nation, Canada will transfer to the Tla’amin Nation any Tla’amin Archaeological Human Remains or associated burial objects that come into the permanent possession or under the control of Canada after the Effective Date, in accordance with Federal and Provincial Law and federal policy.
26. British Columbia and the Tla’amin Nation will negotiate and attempt to reach agreement on the delivery to the Tla’amin Nation of Archaeological Human Remains and associated burial objects found off Tla’amin Lands that are reasonably considered to be of Tla’amin ancestry that come into the permanent possession of British Columbia after the Effective Date.
27. In the event of competing claims with another aboriginal group as to whether Archaeological Human Remains or associated burial objects are Tla’amin Archaeological Human Remains or associated burial objects, the Tla’amin Nation will provide to Canada or British Columbia, as applicable, written confirmation that the dispute has been resolved before further negotiation of the transfer of the Tla’amin Archaeological Human Remains or associated burial objects.
28. On or as soon as practicable after the Effective Date, British Columbia will name, rename or add place names for the geographic features on Tla’amin Lands set out in Parts 1 and 2 of Appendix W with Tla’amin names in accordance with Provincial Law and provincial policies and procedures.
29. After the Effective Date, the Tla’amin Nation may propose that British Columbia name, rename or add place names for other geographic features with Tla’amin names and British Columbia will consider those proposals in accordance with Provincial Law and provincial policies and procedures.
30. At the request of the Tla’amin Nation, British Columbia will record Tla’amin names and historical background information submitted by the Tla’amin Nation for geographic features for inclusion in the British Columbia Geographic Names database in accordance with Provincial Law and provincial policies and procedures.
31. British Columbia and the Tla’amin Nation will enter into an agreement that will provide the Tla’amin Nation with the ability to harvest Monumental Cedar and Cypress for Cultural Purposes on provincial Crown land within the Tla’amin Area, excluding Protected Areas, which will come into effect on the Effective Date.
32. The agreement under paragraph 31 will:
a. identify an annual allocation of Monumental Cedar and Cypress required to address the Tla’amin Nation's requirement for Monumental Cedar and Cypress for Cultural Purposes;
b. provide that, where the annual allocation for Monumental Cedar and Cypress is not harvested in any given year, the unused portion of the allocation cannot be added to the annual allocation for subsequent years;
c. require the Tla’amin Nation to make reasonable efforts to manage Tla’amin Lands to provide opportunities for an annual harvest of Monumental Cedar and Cypress for Cultural Purposes; and
d. require the Tla’amin Nation to contribute suitable and adequate Monumental Cedar and Cypress located on Tla’amin Lands and any other sources, including tenures, available to the Tla’amin Nation to the annual allocation of Monumental Cedar and Cypress to be harvested by the Tla’amin Nation for Cultural Purposes.
33. British Columbia is not responsible for the costs associated with the harvest by the Tla’amin Nation of Monumental Cedar and Cypress.