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AR 96/2004 BLACKFOOT FIRST NATIONS SACRED CEREMONIAL OBJECTS REPATRIATION REGULATION

(Consolidated up to 59/2014)

ALBERTA REGULATION 96/2004

First Nations Sacred Ceremonial Objects Repatriation Act

BLACKFOOT FIRST NATIONS SACRED CEREMONIAL
OBJECTS REPATRIATION REGULATION

Table of Contents

                1      Definitions

Part 1
Consultation

                2      Consultation


Part 2
Application for Repatriation

                3      Representative of First Nation

                4      Application for repatriation

                5      Publication of application

                6      Second or subsequent application

                7      Right to provide input

                8      Decision by Minister

                9      Liability for costs

              10      Expiry

Schedule

Definitions

1   In this Regulation,

                               (a)    “Act” means the First Nations Sacred Ceremonial Objects Repatriation Act;

                              (b)    “First Nation” means any of the following:

                                        (i)    the Blood Tribe;

                                      (ii)    the Siksika Nation;

                                     (iii)    the Piikani Nation;

                               (c)    “Minister” means the Minister or a person designated by the Minister to act on the Minister’s behalf.

Part 1
Consultation

Consultation

2(1)  Discussions and meetings must be held between the Minister and First Nations with respect to the process to be followed for the repatriation of a sacred ceremonial object under Part 2.

(2)   Consultations under subsection (1) are deemed to have been completed on the coming into force of this Regulation.

Part 2
Application for Repatriation

Representative of First Nation

3(1)  In all matters relating to the repatriation of a sacred ceremonial object to a First Nation, a society incorporated under the Societies Act must act as the representative of the First Nation.

(2)  The elected Chief and council of each First Nation must provide to the Minister through a band council resolution the name of the society that will act as its representative.

Application for repatriation

4(1)  An application under section 2(1) of the Act for the repatriation of a sacred ceremonial object must be made by a society referred to in section 3 of this Regulation.

(2)  A society may make an application for the repatriation of a sacred ceremonial object only if the society has received a request from an individual who has agreed to put that sacred ceremonial object back into use as a sacred ceremonial object.

(3)  The application referred to in subsection (1) must be submitted to the Minister in the form and manner determined by the Minister, and must

                               (a)    identify each sacred ceremonial object that is the subject of the application,

                              (b)    indicate that the society representing the First Nation agrees to receive each sacred ceremonial object repatriated pursuant to the application,

                               (c)    for each sacred ceremonial object that is the subject of the application, provide the name of the individual who made the request referred to in subsection (2),

                              (d)    for each sacred ceremonial object that is the subject of the application, include a statement by the individual who made the request referred to in subsection (2) that the individual agrees to put the sacred ceremonial object back into use as a sacred ceremonial object,

                               (e)    establish that each sacred ceremonial object identified in the application

                                        (i)    was used by the First Nation in the practice of sacred ceremonial traditions, and

                                      (ii)    is vital to its practice of sacred ceremonial traditions,

                                  and

                               (f)    indicate whether each sacred ceremonial object identified in the application is in the possession and care of

                                        (i)    the Royal Alberta Museum,

                                      (ii)    the Glenbow‑Alberta Institute,

                                     (iii)    the First Nation, or

                                     (iv)    the Crown at a location other than the locations described in subclauses (i) and (ii).

AR 96/2004 s4;59/2014

Publication of application

5   The Minister must ensure that a notice indicating that the Minister has received an application under section 2(1) of the Act

                               (a)    is published

                                        (i)    in The Alberta Gazette, and

                                      (ii)    in any other publication or location that the Minister considers appropriate,

                                  and

                              (b)    is given to each First Nation.

Second or subsequent application

6(1)  A First Nation that wishes to apply under section 2(1) of the Act for the repatriation of a sacred ceremonial object that is already the subject of such an application must make the application not later than 30 days after the notice referred to in section 5 is published in The Alberta Gazette.

(2)  Sections 4 and 5 apply to an application made under this section.

Right to provide input

7(1)  Any person may make representations to the Minister relating to an application for the repatriation of a sacred ceremonial object.

(2)  Unless subsection (3) applies, all representations relating to the application must be made within 30 days after the notice referred to in section 5 is published in The Alberta Gazette.

(3)  Where the Minister receives a second or subsequent application under section 6 within the 30‑day period described in that section, all representations relating to the second or subsequent application must be made within 30 days after notice of the second or subsequent application is published in The Alberta Gazette.

Decision by Minister

8(1)  Where the Minister has received only one application for the repatriation of a sacred ceremonial object, the Minister must agree to the repatriation of the sacred ceremonial object

                               (a)    if the application meets the requirements of this Regulation, and

                              (b)    if, in the Minister’s opinion, repatriation of the sacred ceremonial object is appropriate.

(2)  Where the Minister has received more than one application for the repatriation of a sacred ceremonial object, the Minister

                               (a)    may decide which applicant the sacred ceremonial object is to be repatriated to, or

                              (b)    may decide not to agree to the repatriation of the sacred ceremonial object if, in the Minister’s opinion, repatriation is not appropriate.

(3)  Where the Minister agrees to the repatriation of a sacred ceremonial object,

                               (a)    the Minister must complete and sign the transfer form set out in the Schedule, and

                              (b)    the society representing the First Nation must complete and sign the acceptance form set out in the Schedule.

(4)  The Minister and the society representing the First Nation may make all necessary arrangements for the physical transfer of the sacred ceremonial object to the society representing the First Nation.

Liability for costs

9   The Government of Alberta is not liable for any cost relating to the repatriation of a sacred ceremonial object incurred by

                               (a)    a First Nation,

                              (b)    a society representing a First Nation, or

                               (c)    any other person having an interest in a sacred ceremonial object.

Expiry

10   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 30, 2024.

AR 96/2004 s10;59/2014


Schedule

Transfer and Acceptance of a
Sacred Ceremonial Object

Transfer of Title

Pursuant to the First Nations Sacred Ceremonial Objects Repatriation Act and the Blackfoot First Nations Sacred Ceremonial Objects Repatriation Amendment Regulation made under that Act, Her Majesty the Queen in right of Alberta as represented by the Minister of Culture (the “Crown”) hereby transfers all its title to
                 (sacred ceremonial object)                                     ,

the title to which is vested in the Crown and that is in the possession and care of the Royal Alberta Museum or the Glenbow‑Alberta Institute or on loan from one of those institutions or is otherwise in the possession and care of the Crown, to
                 (Society representing First Nation)                         ,

as the representative of the                                     First Nation.

The Crown relinquishes all rights and claims to the sacred ceremonial object.

Dated the                          day of                                       , 20        .

  (signature on behalf of the Crown)                 (Witness)             

Acceptance

The society representing the First Nation

                               (a)    accepts the transfer of the Crown’s title to the sacred ceremonial object on behalf of the First Nation, and

                              (b)    agrees to ensure that the object is used by the First Nation in a manner that is consistent with it being a sacred ceremonial object.

Dated the                          day of                                       , 20        .

  (signature on behalf of society that
  is the First Nation’s representative) 
               (Witness)             

AR 96/2004 Sched.;35/2007;68/2008;31/2012;170/2012;
59/2014