"Pheasant Rump Nakota First Nation #68 Cultural and Heritage Resource Management Act" 1. PREAMBLE Whereas, the Pheasant Rump Nakota First Nation is a unique and distinct culture, with an unwavering attachment to its lands, and lands that are within its' traditional territory; and Whereas, the Pheasant Rump Nakota First Nation wishes to provide for the protection, designation, and preservation of cultural and historic sites and objects; and Therefore, pursuant to the inherent and Aboriginal right to self-determination, the Pheasant Rump Nakota First Nation #68 Council hereby enacts the following Act: 2. TERRITORY AND JURISDICTION The First Nation's traditional territory, and jurisdiction of cultural and heritage resources and objects, sites, and places, as required by this Act, will mean that area occupied and used at the date of first contact with non-Aboriginal people. 3. DEFINITIONS In this Act, "aesthetic" means the value of an object is for the artistic quality it possesses. "archaeology" means the study of ancient cultures by excavation and analysis of physical remains. "BCR" means the acronym commonly used to refer to a Band Council Resolution, which is the written record of a motion made at a duly convened meeting of the Council; "Council" means the Chief and Councillors, as elected from time to time, collectively, or a quorum thereof, acting in their capacity as elected officials of the First Nation; "Heritage Committee" means a committee established by the Council of the First Nation pursuant to this Act; "heritage object" means a heritage object as defined in section 6 A; "Heritage Permit" means a permit issued pursuant to this Act; "heritage resource" includes (a) a heritage site, (b) a heritage object, and (c) any work or assembly of works of nature or of human endeavor that is of value for its archaeological, pre-historic, historic, cultural, natural, scientific or aesthetic features, and may be in the form of sites or objects or a combination thereof; "heritage site" means a site designated as a heritage site pursuant to this Act; "impact assessment" means a written assessment showing the impact that proposed work, activity or development or a proposed project, as described in section 12, is likely to have upon heritage resources or human remains;
"inspector" means an inspector appointed under this Act; "landholder" means an individual, who is a member of the Pheasant Rump Nakota First Nation, who assumes to possess lands within the boundaries of the reserve lands held for the use and benefit of the Pheasant Rump Nakota First Nation; "Notice of Intent" means a Notice of Intent issued pursuant to this Act; "person" means, for the purposes of this Act, any individual, group, society, organization, or agency for whom provisions of this Act may apply, and can apply selectively, and can be compatible and transposable as required; "PRNFN" means the initials, first letters, or acronym for/of the Pheasant Rump Nakota First Nation. 4. DESIGNATION OF HERITAGE SITES A. Sites of heritage significance The council may, in accordance with this Part, designate any site as a heritage site for the purposes of this Act, where the council is satisfied that the site represents, either in itself or by reason of heritage resources or human remains discovered or believed to be therein or thereunder, an important feature of the: (a) historic or pre-historic development of the First Nation, or of the peoples of the First Nation, and their respective cultures; or (b) natural history of the First Nation; as the case may be, and has by virtue thereof sufficient heritage significance to be so designated. B. Adjacent and nearby sites Where a site has no heritage significance within the meaning of section 4.A., but the council is satisfied that it should be designated as a heritage site for the purposes of this Act, because of its proximity to, and for the protection or enhancement of, another site designated as a heritage site pursuant to section 4.A., the council may, in accordance with this part, so designate the site, but the designation so made shall be revoked in the event the designation of the other site is revoked. C. Notice of Intent Upon determining, pursuant to section 4.A. or 4.B., to designate a site as a heritage site, the council shall, at least 60 days before making the designation, serve the landholder and any lessee of the site with a Notice of Intent, in such form as the council may prescribe, declaring the intention of the council to designate the site as a heritage site and stating the date of the intended designation and containing such other information and particulars as the council deems necessary. The Council, thereafter shall post a copy of the Notice of Intent in the First Nation's administration offices. D. Objections Any person affected or likely to be affected by, and any person, group, society, organization or agency interested in, the designation proposed in the Notice of Intent, may object to the proposed designation by serving, within 30 days from the date of the posting of the Notice of Intent under that section, a Notice 'of Objection upon the council. E. Form of Notice of Objection A Notice of Objection required under subsection (1) shall be in written form and contain information that will identify such Notice of Intent that the Notice of Objection wishes to address. Such other information to be included in the Notice of Objection are the grounds upon which Notice of Objection is submitted.
F. Designation where no objection Where no Notice of Objection is served in accordance with section 5, the council may, upon the expiry of 60 days from the date of publication of the Notice of Intent under section 4, by BCR, designate the site as a heritage site, and thereupon shall serve a Heritage Notice upon any person previously served with the Notice of Intent under section 4. G. Form of Heritage Notice A Heritage Notice required under subsection (1) shall be in the form of a BCR recording a motion that was duly moved at a Council meeting, and shall contain such information as Council may prescribe. H. Hearing upon objection Where a Notice of Objection to the proposed designation of a site is served in accordance with section 5, and the objecting party does not withdraw the Notice of Objection within 30 days from the date of the service upon the Council, the Council shall set a date, time and place for the hearing of the objection and shall, at least 21 days before the date of the hearing, (a) serve a notice of the hearing upon the objecting party and, where the objecting party is not the landholder or a lessee of the site, upon the landholder and any lessee of the site; and (b) post a notice of the hearing in the First Nation's administration offices. I. Report of Heritage Committee After holding a hearing as provided in subsection (1), the Heritage Committee shall prepare a report of its decision in respect of the objection, with reasons. J. Decision of Council The Council shall review any report received under section 7 in respect of an objection to a proposed designation and may thereafter decide (a) not to proceed with the designation; or (b) to vary the designation in accordance with the recommendations of the Heritage Committee, and proceed with the designation as varied; or (c) to refer the matter to the membership of the PRNFN for their consideration. K. Decision not to designate Upon making a decision under clause (1)(a) not to proceed with the proposed designation of a site, the Council shall cancel the Notice of Intent previously served in respect of the site under section 4, and (a) shall serve a notice of the cancellation upon the landholder and any lessee of the site; (b) shall post a copy of the notice of cancellation in the First Nation's administration offices; and (c) where a copy of the Notice of Intent was filed under clause 4(b), shall similarly file a copy of the notice of cancellation. L. Decision to vary designation Upon making a decision under clause (1)(b) to vary the proposed designation of a site, the Council shall proceed to make the designation in its varied form in accordance with section 6. M. Reference to membership Upon making a decision under section 4.J.c), the Council shall refer the matter to the membership, and shall submit the report of the Heritage Committee received under section 4.I., together with the opinion of the Council if any, and the membership may, after considering the report and the opinion, decide that:
(a) the designation should not be proceeded with; or (b) the designation should be varied and should be proceeded with as varied; or (c) the designation should proceed in its original form; and shall direct the Council accordingly. N. Membership decision not to designate Upon being directed by the membership under section 4.M.(a) not to make a proposed designation, the Council shall proceed accordingly. O. Membership decision to designate Upon being directed by the membership under clause (4)(b) or (c) to make a proposed designation in a varied form or in its original form, the Council shall proceed to make the designation in its varied form or original form, as the case may be, in accordance with section 6. P. Revocation of proposed designation - not under objection On their initiative, the Council may determine that the designation of a site as a heritage site proposed to be made under this Part should not be proceeded with, or should be varied, the Council shall proceed accordingly. 5. PROTECTION OF SITES A. Heritage resource impact assessment - intended or designated sites Any person proposing to (a) excavate, repair, alter, renovate, enlarge, construct an addition to, demolish, remove, destroy or damage; or (b) erect, build or construct any erection, building or structure upon or within; or (c) carry out any development project, including any commercial, industrial, agricultural, residential, construction or other similar activity, development or project, upon or within; any site that is subject to a subsisting Notice of Intent, or that is a heritage site, shall, before commencing the proposed work, activity, development or project described in clause (a), (b) or (c), and subject to sections 13 and 14, submit to the Council an application for a heritage permit authorizing the proposed work, activity, development or project. In considering the application, and before commencing the proposed work, activity, development or project, the Council may require that a heritage resource impact assessment or development plan or both, and such other plans, documents, material and information with respect to the proposed work, activity, development or project, be prepared at the cost of the person. B. Heritage resource impact assessment - other sites Where the Council has reason to believe that heritage resources or human remains upon, within, or beneath a site, other than a site that is subject to a subsisting Notice of Intent or that is a heritage site, are likely to be damaged or destroyed by reason of any work, activity, development or project described in section 5.A. that is being, or is proposed to be, carried out upon the site, the Council may, by BCR, order a person to forthwith cease the work, activity, development or project or, if not yet in progress, to refrain from commencing it, and, before recommencing or commencing it, as the case may be, and submit to the Council an application for a heritage permit authorizing the work, activity, development or project, and thereafter, if the Council after considering the application so requires, to submit to the Council, in addition to, and before recommencing or commencing the work, activity, development or project, a heritage resource impact assessment or development plan or both, as the Council may require, and such other plans, documents, material and information with respect to the work, activity, development or project, prepared at the cost of the person. C. Form of application, impact assessment and development plan Any application for a heritage permit shall be in written form, and any heritage resource impact assessment or development plan required under this section shall be in such form and shall contain such information as the Council may prescribe.
D. Approval of Council The Council, after considering any heritage resource impact assessment, development plan and other documents, material and information received in respect of any work, activity, development or project upon a site: (a) may approve the work, activity, development or project in the form in which it is proposed, or with such variations as the Council deems necessary for the protection of the site or any heritage resources or human remains upon or within or beneath the site; (b) may require the allocation of such amount as the Council deems necessary for the purpose of mitigating any damage to and for any subsequent restoration or maintenance of the site or the heritage resources or human remains, and may further require that the allocation and the use thereof for those purposes be secured by a bond in an amount and in a form to be approved by the Council; (c) subject to the provisions contained within section 4., and where the person complies with clause (b), and pays such fee as the Council may prescribe, may issue a heritage permit authorizing the proposed work, activity, development or project, in the form in which it is proposed or as varied under clause (a), and may make the heritage permit so issued subject to such terms and conditions as the Council deems necessary. E. Waiver of certain requirements Where it may be advisable to do so, the Council may issue a heritage permit under subsection 5.A. without requiring the submission of a heritage resource impact assessment, or any, or all of the additional requirements. F. Heritage permit required No person shall carry out any work, activity, development or project described in subsection 12(1), upon or within a site that is subject to a subsisting Notice of Intent, or that is a heritage site, or that is a site with respect to which the Council has made and served an order under subsection 12(2), unless and until the Council has issued a heritage permit under section 13 authorizing the work, activity, development or project, and unless the work, activity, development or project is carried out in accordance with such terms and conditions as the Council may impose and as may be set out in, or attached to, the heritage permit. G. Form of heritage permit A heritage permit shall be in the form of a BCR and contain such information and particulars as the Council may deem necessary. H. Maintenance of heritage sites The Council may require a person to undertake such measures for the repair, maintenance, preservation, protection or restoration thereof, and may provide assistance in support of those measures in the form of grants, or professional and technical services, or otherwise, and may enter into an agreement for those purposes. I. Appointment of inspectors The Council may appoint any person as an inspector for the purposes of this Act. J. Surveys, examinations, etc. The Council, or an inspector with the written authorization of the Council, may at any reasonable hour enter any premises for the purpose of making any study, survey, inspection or examination in the course of the administration of this Act.
K. Entry to ascertain breach Where the Council believes, on reasonable and probable grounds, that a breach of this Act or the regulations, or any term or condition of a heritage permit, or any term or condition of an agreement or an order, direction or requirement of the Council entered into, made, given or imposed under this Act, has been or is being committed upon or within or in respect of any premises, an inspector with the written authorization of the Council may at any hour of the day or night but subject to subsection (4) enter the premises, with or without the consent of the homeowner, on the authority under subsection (5), and there conduct such search, examination or inspection as may be necessary to ascertain whether or not the breach has been or is being committed, and may there seize, any object, document, record or thing that the inspector believes on reasonable and probable grounds will afford evidence of the commission of the breach. L. Private residences An entry under subsection (3) of premises that are occupied as a private residence shall not be made except at a reasonable hour. M. Issue of warrant A judge or justice, if satisfied by information given upon oath that there are reasonable and probable grounds for believing that a breach of a kind described in subsection (3) has been or is being committed upon or within or in respect of any premises, may grant a warrant in respect of those premises for the purposes of subsection (3). N. Stop order Where the Council believes on reasonable and probable grounds that a person is in breach of a provision of sections, an order made hereunder, or the terms and conditions of a heritage permit, or a provision of a requirement of the Council imposed, or an agreement entered into, the Council may, by order in writing served upon the person: (a) require the person to remedy the breach within a period of time stated in the order; or (b) where the Council has reason to believe that irreparable or costly damage is likely to result if the breach continues for any period of time, require the person to remedy the breach forthwith upon the service of the order; as the case may require. O. Order of judge Where a person required by an order made under subsection (1) to remedy a breach fails to obey the order, the Council may, upon notice to the person, apply to a judge or justice for an order authorizing the Council to take such steps as may be necessary to remedy the breach effectively and forthwith, including (a) where the breach consists of unauthorized work, activity or development or an unauthorized project, the removal of any workers, materials and equipment found on the site; or (b) where the breach consists of a failure to do required work, doing the work required to be done; and the judge or justice may grant the order or such other order as the judge or justice deems proper and may make the order subject to such terms and conditions as the judge or justice deems necessary, and the Council may upon the order being granted carry out or cause to be carried out the provisions thereof. P. Where delay prejudicial Where the Council believes that the delay necessary to obtain an order under this section is likely to result in irreparable or costly damage to heritage resources or human remains, the Council may, without such an order and with no further notice to the person, enter or cause to be entered the site and there take, or cause to be taken, steps may be necessary to halt the damage, but shall not take or cause to be taken any further steps except pursuant to and in accordance with the order of a judge or justice obtained under subsection (2).
Q. Recovery of costs Where the Council takes steps under this section to remedy a breach committed by any person, the Council may recover from the person, by action in any court of competent jurisdiction but subject always to any order of a judge or justice made under this section in respect thereof, (a) the costs and expenses necessarily incurred by the Council in taking those steps; and (b) the amount of any grant made to the person under this Act. R. Appeals from order or action of Council A person who feels aggrieved by an order made or action taken by the Council may appeal therefrom to a judge of the Court of Queen's Bench within 30 days from the making of the order or the taking of the action, as the case may be, and the judge may confirm the order or direct the Council to vary or rescind the order and may give such further direction in respect of the order and such direction in respect of the action, as to damages or otherwise, as the judge deems proper. S. Erection of commemorative markers The Council may erect and maintain or cause to be erected and maintained, at any heritage site and, at any other site, a sign, plaque or commemorative marker containing information as to the cultural and heritage significance of the site. T. Damage to commemorative markers No person shall remove, damage, deface, destroy or interfere with any sign, plaque or commemorative marker erected pursuant to this Act. U. Heritage covenants The Council may enter into a heritage agreement with the landholder of a site or municipal site believed to contain heritage resources or human remains, significant to the First Nation, respecting the maintenance, preservation or protection of the site and the heritage resources or human remains by the landholder and all subsequent landholders thereof and providing that the provisions contained in the heritage agreement shall be covenants running with the land, and shall file a notice of the heritage agreement together with a copy thereof in the proper land titles office, where the affected land is contained in a certificate of title under The Real Property Act, or in the proper registry office, where the affected land is contained in an Abstract Book under The Registry Act, as the case may be, and from and after, the provisions contained in the heritage agreement are covenants running with the land and binding upon the landholder and all subsequent landholders of the site or municipal site, as the case may be. V. Variation of heritage covenants by parties The Council and parties who've entered into a heritage agreement, under section 5.U., may at any time, by a further heritage agreement, modify or cancel any provision of the original heritage agreement, and in that event shall each file a notice of the further heritage agreement together with a copy thereof as provided in section 5.U.. W. Variation of heritage covenants by Council Where a heritage agreement respecting a private site or municipal site is entered into and filed under section 5.U., or 5.V., and the Council deems it advisable, in the best interests of the private site or municipal site, or for any other reason, to modify or cancel any provision of the heritage agreement, but the parties to the heritage agreement are unable for any reason to agree with one another to effect the modification or cancellation, the Council may, by virtue effect the modification or cancellation and shall file a copy of the order as provided in section 5.U..
X. Enforcement of heritage covenants Where a person is in breach of a provision of a heritage agreement entered into and filed under section 5.U. or 5.V., the Council may institute an action in a court of competent jurisdiction for an order requiring the person to remedy the breach. Y. Acquisition and disposal of heritage sites Where the Council deems it to be in the best interests of a heritage site, the Council may: (a) acquire the heritage site for and on behalf of the First Nation by gift, devise, purchase, lease, exchange, or otherwise; (b) where the heritage site is owned by the Crown, request an outright grant, or lease, of the heritage site for use or development in accordance with the terms and conditions of the grant or lease and the provisions of any agreement that may be entered into. Z. Register of heritage sites The Council shall maintain a register of all heritage sites within the boundaries of the First Nation showing, in respect of each site, (a) the location of the site and a description sufficient to identify the boundaries thereof; (b) particulars sufficient to explain the heritage significance of the site; (c) the date of the designation of the site as a heritage site; (d) such other particulars and information as the Council deems advisable. AA. Public display of register A register maintained under subsection (1) shall be available for public inspection at the administration offices of the First Nation, on such days and during such hours as the Council may direct. 6. HERITAGE OBJECTS AND HUMAN REMAINS A. Definitions In this Part, "archaeological object" means an object (a) that is the product of human art, workmanship or use, including plant and animal remains that have been modified by or deposited due to human activities, (b) that is of value for its historic or archaeological significance, and (c) that is or has been discovered on or beneath Pheasant Rump Nakota First Nation lands, or submerged or partially submerged beneath the surface of any watercourse or permanent body of water within the boundaries, or forming a portion of the boundaries of the Pheasant Rump Nakota First Nation reserve lands; "heritage object" includes (a) an archaeological object, (b) a natural heritage object, and (c) an object designated as a heritage object by the Council; "human remains" means remains of human bodies that in the opinion of the Council have heritage significance and that are situated or discovered outside a recognized cemetery or burial ground; "natural heritage object" means a work of nature consisting of or containing evidence of flora or fauna or geological processes;
B. Designations by Council The Council may, by BCR, designate as a heritage object for the purposes of this Part, any object that is not a heritage object within the meaning of the definition "heritage object", but in the opinion of the Council, has sufficient heritage significance for such a designation. C. Ownership and right of possession - heritage objects The title and right of possession to, any heritage object found by any person on or after the day this Act comes into force, vests in the First Nation, and (a) where the heritage object is found on or under Crown land or municipal land adjacent to the First Nation's lands, or submerged or partially submerged beneath the surface of any watercourse or permanent body of water on Crown land or municipal land adjacent to the First Nation's lands, other than such Crown land or municipal land as the Council may exclude from the application of this clause, shall be considered to be the property of the First Nation; and (b) where the heritage object is found on or under private land adjacent to the First Nation's lands, or submerged or partially submerged beneath the surface of any watercourse or permanent body of water on private land adjacent to the First Nation's lands, shall be considered to be the property of the First Nation. D. Agreement for custody A person who retains custody of a heritage object, is deemed to be holding the heritage object in trust for the First Nation, and the Council may enter into an agreement with the person respecting the housing and protection of the heritage object and containing such other terms and conditions to be observed by the person in respect of the heritage object, including the length of the period of time during which the person is to retain custody of the heritage object, as the Council and the person may agree. E. Transfer of custody The custody of a heritage object retained: (a) is transferable, by the person who has the custody, to the First Nation at any time; and (b) upon the death of a person who has the custody, passes to the heirs, executors or administrators of the person; and any transferee, heir, executor or administrator so receiving the custody is deemed to be holding the heritage object in trust for the First Nation, and subject to any agreement entered into, and to the provisions of this section. F. Waiver of rights The Council may at any time, on behalf of the First Nation, by BCR, waive any right of ownership of a heritage object. G. Ownership of existing heritage objects A person who or that, became the owner of a heritage object before the day this Act comes into force, continues to be the owner thereof and to have the right of possession, from and after the day this Act comes into force, notwithstanding anything to the contrary in this Part. H. Ownership and right of possession - human remains The title and right of possession to, any human remains found by any person after May 3, 1967, vests in the Crown. 1. Report of findings Every person who finds an object that is, or that the person believes to be, a heritage object, or remains that are, or that the person believes to be, human remains, shall forthwith report the find to the Council and shall not handle, disturb or do anything to the object or the remains except in accordance with requirements contained within this Act.
J. Acquisition of heritage objects The Council may acquire, for and on behalf of the First Nation, by gift, bequest, lease, loan or otherwise, any heritage object that is Crown, private, or municipal property. K. Disposal of heritage objects The Council may loan any heritage object owned by the First Nation, subject to such terms and conditions including the provision of a security bond that the Council may prescribe. L. Agreements with owners The Council may enter into an agreement with any person respecting the inspection and examination, the housing and custody, the restoration and preservation, and the public display, of a heritage object, on such terms and conditions as may be specified in the agreement. M. Council as trustee Without restriction, an agreement respecting any heritage object may provide: (a) that the Council, for and on behalf of the First Nation, shall have custody of the object as trustee for any person, for such period, or periods of time, and subject to such terms and conditions, including the requirement that the object when displayed shall be identified as the property of the person, or as may be specified in the agreement; (b) a provision under clause (a), that the Council shall, at the cost of the First Nation, or partly at the cost of the First Nation, and partly at the cost of the owner, and/or with professional and technical assistance to be provided by the Council at no cost to the owner, restore and preserve and provide appropriate housing for the object; or (c) a provision that the Council may arrange for the display of the object in such museum or other appropriate public institution as may be agreed upon. N. Agreements with institutions The Council may enter into an agreement with any museum or other appropriate public or private institution in the province for the custody, care, restoration, preservation and public display of any heritage object, subject to such terms and conditions as may be specified. O. Agreements with other jurisdictions The Council, with the approval of the membership, may enter into an agreement with any museum or other appropriate public or private institution outside of the province for the display of any heritage object in the custody of that museum or institution. P. Agreements for investigation Where the Council has reason to believe that there are heritage objects or human remains on or under any land, and that they are likely to be damaged or destroyed by reason of any activity including commercial, industrial, agricultural, residential, construction or other development or activity, the Council may enter into an agreement with the person undertaking the activity respecting the searching for, and the excavation, investigation, examination, preservation and removal of, any heritage object or human remains found on or under the land. Q. Destruction of heritage objects or human remains No person shall destroy, damage or alter any heritage object, whether or not the person is the owner thereof, or any human remains.
R. Export of heritage objects No person shall remove a heritage object from the First Nation, whether or not the person is the owner thereof, except pursuant to a heritage permit and in accordance with such terms and conditions as may be prescribed by the Council and set out in, or attached to, the heritage permit. S. Heritage permit for searching or excavating No person shall search or excavate for heritage objects or human remains except pursuant to a heritage permit and in accordance with such terms and conditions as may be prescribed by the Council and set out in, or attached to, the heritage permit. T. Issue of heritage permits The Council may issue a heritage permit upon the receipt of a request therefor, accompanied by such fee as the Council may prescribe and such information, particulars and documents as the Council may require. U. Register of heritage objects The Council shall maintain a register of such heritage objects found within the boundaries of the First Nation's lands, that are deemed to be significant representations of the heritage resources of the Pheasant Rump Nakota First Nation, and the register shall show in respect of each heritage object listed therein: (a) the present location of the heritage object and the place where it was discovered; (b) a description of the heritage object and an explanation of the heritage significance thereof; (c) the date the heritage object was discovered; (d) the name and address of the owner of the heritage object and of the person who discovered it; (e) such other particulars and information as the Council deems advisable. V. Public display of register A register maintained under section 6.U. shall be available for public inspection at the First Nation's administration offices, on such days and during such hours as the Council may allow. 7. GENERAL A. Heritage Committee The Pheasant Rump Nakota First Nation Heritage Committee is hereby established. Such Heritage Committee shall consist of 5 members, to be appointed by the Council. B. Presiding member and deputy presiding member The Council shall appoint one of the members of the Heritage Committee as the presiding member and another as the deputy-presiding member thereof. C. Terms of office The members of the Heritage Committee shall hold office for such period of time as may be fixed by the Council, and thereafter until their successors are appointed.
D. Remuneration The members of the Heritage Committee may receive such remuneration for their services as the Council may approve, and such reimbursement for out-of-pocket expenses necessarily incurred by them in performing those services as the Council may deem reasonable. E. Procedures The Heritage Committee may make rules governing its procedures and fixing a quorum for its meetings. F. Duties and functions The Council may refer to the Heritage Committee for its consideration and advice, and the Heritage Committee may, on its own initiative, consider and advise the Council on, any matter relating to this Act or the administration thereof. G. Frequency of appeals An appeal under or pursuant to this Act does not prevent the appellant, or any person, group, society, organization or agency that has a right of appeal under this Act, from further appealing the same matter, where the ground for so doing is that new circumstances or new facts have arisen or have been discovered since the date of the preceding appeal. H. Public hearings Any hearing held under or pursuant to this Act shall be open to members of the public, and any person, group, society, organization or agency interested in the subject matter of the hearing may attend at the hearing without counsel and may make submissions thereat, and be heard. I. Method of service Subject to subsection (2), any service of a notice or other document required to be made under or pursuant to this Act shall be made by personal service. J. Substitutional service Where a person being served under or pursuant to this Act cannot, after diligent search, be found, the service may be made in such manner as the Council may direct. K. Where delay prejudicial Where a person being served under or pursuant to this Act cannot after diligent search be found, and the Council believes that the delay is likely to cause irreparable or costly damage to heritage resources or human remains, leaving the notice or other document sought to be served with an adult at the last known address of the person or, where an adult cannot be found at that address, affixing the notice or document in a prominent place upon a building at that address is sufficient service for the purposes of this Act, but only such action as may be necessary to halt the damage may be taken pursuant to such service, and no further action may be taken unless, and until, service is effected under section 7.I. or 7.J.. L. Informational and educational programs For the purposes of this Act, the Council may: (a) cause to be prepared and produced, informational material respecting the heritage resources of the First Nation and make the material available to the public by means of circulars or pamphlets or other printed material, radio, television or newspaper advertising, or public lectures;
(b) undertake or, by means of grants or other assistance, support and encourage the undertaking of educational programs or courses in the public schools, colleges and universities of the province, or educational programs for the public at large, respecting the heritage resources of the First Nation; (c) undertake or, by means of grants or other assistance, support and encourage the undertaking of programs of research into the heritage resources of the First Nation; (d) provide assistance, in the form of grants or professional and technical services, or otherwise for the purposes of any specific project relating to the heritage resources of the First Nation. M. Agreements with other jurisdictions The Council may enter into an agreement with any person, group, society, organization, agency, institution, museum, government or other body respecting: (a) the co-ordination of programs; (b) the dissemination of information to the public; (c) public displays; (d) research programs; (e) programs of search and discovery, restoration and preservation; (f) programs of reciprocal professional and technical assistance; relating to the heritage resources of the First Nation. N. Receipt of gifts, etc. The Council, for and on behalf of the First Nation, may receive, from any person or source, money by way of gift or bequest, and any real or personal property by way of gift, devise, bequest, loan, lease or otherwise, for the purposes of this Act, and shall use any money or property so received in such manner, subject to any directions, terms and conditions imposed by the donor, lender or lessor, as the Council deems best. O. Exemption from liability Neither the Council, nor any member of the Council or the Heritage Committee, nor any inspector or other person employed or engaged in the administration or enforcement of this Act, is liable for any loss or damage suffered by any person as a result of any action or omission done or made in good faith and without negligence in the course of the administration or enforcement of this Act. P. Regulations by Council For the purpose of carrying out the provisions of this Act according to their intent, the Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Council may make such regulations and orders, not inconsistent with any other provision of this Act, (a) designating any site as a heritage site; (b) amending or revoking any designation made; (c) exclude certain PRNFN lands from the application of this Act; (d) prescribe forms for use under this Act. (e) prescribe fees that shall accompany any application for a permit under this Act; (f) designate heritage objects for the purposes of this Act. Q. Offence and penalty Any person who contravenes or fails to observe a provision of this Act or a regulation, order, direction or requirement made or imposed thereunder is guilty of an offence and liable, on summary conviction, of fines and/or imprisonment. Such fine will not exceed $1,000.00 (one thousand dollars), and such imprisonment shall be for no more than 30 (thirty) days.
R. Cost of restoration A judge or justice convicting a person of an offence under subsection (1) may, where the offence committed resulted in damage to or the demolition or destruction of a heritage resource, order the person to pay, in addition to any penalty that may be imposed, the cost of the repair, restoration or reconstruction of the heritage resource. 8. COMMENCEMENT OF ACT This Act comes into force at a date and time when duly enacted by the Council of the Pheasant Rump Nakota First Nation and official notice of its enactment forwarded to the Minister of Justice and Attorney General of Canada. 9. SEVERABILITY A provision, found to be void, or found to be contrary to the intent of this Act, is severable without affecting the remaining provisions of this Act, and the extent of its' application. 10. TERMINOLOGY Terms that reflect the past tense, present tense, future tense, masculine, feminine, singular, and plural, shall apply to context as necessary, and be transposable and compatible as required. 11. APPROVAL This Act, entitled "Pheasant Rump Nakota First N/ atjpn #68 Cultural and Heritage Resource Management Act", is hereby ap- proved by motion at a Council meeting held this day of March, 2019. Signatures (quorum: 3) attesting to the approval and validity of this Act: Approval, and witness to signatures: Councillor Julie Kakakaway 7, Councilor Misty McArth Chief Ira McArthur Council r Juanita McArthur-BigEagle dj 94°M ouncillor Patsy McArt ur Fleming
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.