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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 963/96

CONSOLIDATED NEWFOUNDLAND REGULATION 963/96

Archaeological Investigation Permit Regulations
under the
Historic Resources Act
(O.C. 96‑212)

Under the authority of paragraph 33(e) of the Historic Resources Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Permits required

        4.   Applying for a permit

        5.   Student application

        6.   Where permit issued

        7.   Other approvals

        8.   Holder bound

        9.   Report of discovery

      10.   Site information

      11.   Site record

      12.   Further reporting

      13.   Project report

      14.   Final report

      15.   Copies of publications

      16.   Care of objects

      17.   Conservation

      18.   Export permit

      19.   Review

      20.   Contravention

      21.   Repeal


Short title

        1. These regulations may be cited as the Archaeological Investigation Permit Regulations.

143/91 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Historic Resources Act;

             (b)  "archaeological research project" means a specific research program carried out for the purpose of locating, recovering, analyzing and interpreting archaeological resources;

             (c)  "archaeological resource" means a work of man that

                      (i)  is primarily of value for its prehistoric, historic, cultural or scientific significance, and

                     (ii)  is or was buried or partially buried in the land in the province;

             (d)  "archaeological survey" means an examination of a physical land area, including subsurface deposits, for the purpose of obtaining information on the archaeological resources located on, in or under the land;

             (e)  "branch" means the Historic Sites Branch of the Historic Resources Division;

              (f)  "conservation" means conservation as defined in the Code of Ethics and Guidance for Practice for Those Involved in the Conservation of Cultural Property in Canada;

             (g)  "conservator" means conservator as defined in the Code of Ethics and Guidance for Practice for Those Involved in the Conservation of Cultural Property in Canada and who is experienced in the field of archaeological conservation;

             (h)  "cultural property export permit" means a cultural property export permit as defined in the Cultural Property Export and Import Act (Canada);

              (i)  "division" means the Historic Resources Division of the department;

              (j)  "examination records" means examination records as defined in the Code of Ethics and Guidance for Practice for Those Involved in the Conservation of Cultural Property in Canada;

             (k)  "excavate" means to explore for, locate or recover archaeological resources which are or were buried in the land of the province;

              (l)  "historic resources impact assessment" means an assessment carried out to determine the impact a proposed development will have on archaeological resources in the area where the development is proposed to be carried out;

            (m)  "land" includes land covered by water, whether fresh or salt, within the province;

             (n)  "minister" means the minister appointed under the Executive Council Act to administer the Act;

             (o)  "permit period" means the period specified on the archaeological research permit for which the permit is valid;

             (p)  "resource archaeologist" means the resource archaeologist of the historic sites branch; and

             (q)  "site" means any place where archaeological resources are located which cannot be excavated without a valid permit issued under the Act.

143/91 s2

Permits required

        3. Archaeological investigation permits issued by the minister through the branch are required for

             (a)  archaeological surveying;

             (b)  archaeological excavation; and

             (c)  historic resources impact assessment.

143/91 s3

Applying for a permit

        4. (1) A person who applies for a permit shall do so to the minister through the resource archaeologist.

             (2)  A permit application must be submitted by the individual who will assume responsibility for all scientific aspects of the research in the field and in the laboratory.

             (3)  The application form submitted under subsection (1) must be received by the resource archaeologist no later than one month (20 working days) before the commencement of the archaeological research project.

             (4)  Exceptions to subsection (3) will be considered only under unusual circumstances.

             (5)  The application form submitted under subsection (1) shall be accompanied by

             (a)  a current resume including the applicant's educational background, any relevant scientific publications to the applicant's credit, all institutions to which the applicant has been attached since the completion of his or her post‑graduate studies and the applicant's status at each institution as well as any experience pertinent to the proposed project; and

             (b)  documentation evidencing that the applicant

                      (i)  has prepared a written post‑graduate thesis in archaeology or anthropology and has been awarded a graduate degree in archaeology or anthropology at an accredited university,

                     (ii)  has had at least 24 weeks of supervised training in the field in basic research techniques in archaeological surveying and excavation and at least 6 weeks of training in one or both archaeological laboratory analysis and archaeological curating, and

                    (iii)  has demonstrated the capacity to design and execute a relevant study comparable in scope and quality to the project described in the permit application.

             (6)  The supervised training in the field referred to in subparagraph (5)(b)(ii) shall consist of segments of at least 2 continuous weeks.

             (7)  Notwithstanding subsection (5) the minister may, upon the advice of an independent panel of professional archaeologists, accept documentation which evidences qualifications equivalent to those referred to in subsection (5).

143/91 s4

Student application

        5. (1) A student who is enroled in a post‑graduate university program may apply to the minister for an archaeological investigation permit if

             (a)  he or she has a sponsor who meets the requirements of subsection 4(5) and who agrees in writing endorsed on the application form to

                      (i)  review the methodology that the student proposes to use,

                     (ii)  inspect the project in the field after the field investigations have been commenced but before such investigations are more than one‑third complete, and

                    (iii)  provide the resource archaeologist with a typewritten report within 30 days after the inspection in the field to assess the progress of the project; and

             (b)  he or she submits to the resource archaeologist an application that is signed by him or her and his or her sponsor.

             (2)  If an archaeological investigation permit is issued under this section the student and his or her sponsor are jointly responsible for fulfilling the conditions of the permit.

143/91 s5

Where permit issued

        6. (1) If a permit is issued under this regulation, the application form completed by the applicant shall be considered to form part of the permit.

             (2)  A permit is valid only for the permit period.

             (3)  Permits must be produced for inspection in the field upon request.

             (4)  A permit application may be made for an archaeological research project involving several locations, however, if another project is initiated even in the same location, another application must be submitted.

             (5)  A person who holds a permit issued under these regulations may apply to the minister through the resource archaeologist to amend the permit and the minister may refuse, allow or vary the amendment in whole or in part and alter the permit accordingly.

             (6)  A person who holds a permit issued under these regulations shall be involved personally in the field investigations by carrying out the work required or by directly supervising the individual conducting the research project or at least 75% of the time necessary to complete the study.

143/91 s6

Other approvals

        7. The permit holder shall obtain all necessary approvals to conduct research on private or publicly restricted lands.

143/91 s7

Holder bound

        8. The permit holder is bound by all provincial and federal legislation and regulations where applicable.

143/91 s8

Report of discovery

        9. (1) If, during the course of carrying out work under a permit, the permit holder

             (a)  discovers a new site, he or she shall report the discovery to the resource archaeologist within 30 days; or

             (b)  finds that the integrity of a site is threatened, he or she shall report the situation to the resource archaeologist within 48 hours.

             (2)  The resource archaeologist may require a permit holder to locate sites identified by the resource archaeologist that are situated in the area described in the permit and to report any changes in the status of the sites to him or her in writing

             (a)  within 90 days of the commencement of the permit period; or

             (b)  within 48 hours if the integrity of the site is threatened by any means.

143/91 s9

Site information

     10. (1) The permit holder shall ensure that all site information is properly recorded on historic sites branch archaeological record forms.

             (2)  Alternate excavation record forms may be considered as substitutes for branch record forms and must be submitted to the branch along with the permit application for approval.

143/91 s10

Site record

     11. A permit holder shall, within 30 days after the expiration of the permit or within such further period specified in the permit, submit to the resource archaeologist

             (a)  completed Newfoundland and Labrador archaeological site record forms for all newly discovered sites and for all revisits to known sites;

             (b)  1:50,000 scale topographic maps showing the location of all sites, all areas surveyed and survey techniques employed.

143/91 s11

Further reporting

     12. A permit holder shall, within 180 days after the expiration of the permit or within such further period specified in the permit, submit to the resource archaeologist

             (a)  completed historic sites branch archaeological record forms, including field, level, feature and photographic record, level and feature plan and scientific and radiocarbon sample forms;

             (b)  a representative selection of black and white prints and colour slide photographs depicting a variety of perspectives of each site, including

                      (i)  geographic situation,

                     (ii)  condition before commencement of the archaeological investigation, including views of all visible surface features,

                    (iii)  agents of site degradation if any are present,

                    (iv)  plan views of excavation units,

                     (v)  stratigraphic profiles,

                    (vi)  archaeological features,

                   (vii)  conservation measures employed in the field, and

                  (viii)  post‑excavation condition;

             (c)  detailed plans of each site;

             (d)  vertical sectional drawings of each site;

             (e)  a typewritten interim report outlining activities carried out under permit for inclusion in the annual report publication series.

143/91 s12

Project report

     13. (1) The permit holder shall, within 365 days from the expiration of the permit or within such further period specified in the permit, submit a project report to the resource archaeologist.

             (2)  A project report submitted under subsection (1) shall be typewritten and shall

             (a)  describe the field work undertaken and the location of and extent of investigation at each site including

                      (i)  an accurately scaled map showing the location of each site and all survey routes and test holes,

                     (ii)  detailed plans of each site,

                    (iii)  vertical sectional drawings of each site,

                    (iv)  representative photographs of each site,

                     (v)  an accurately scaled map showing the area described in the permit in relation to any sites reported under section 9,

                    (vi)  details of subsurface testing including the location of holes,

                   (vii)  the depths at which cultural and natural specimens were located,

                  (viii)  the number of cultural and natural specimens identified,

                    (ix)  a detailed description of all diagnostic artifacts and finished artifacts including relevant metric data,

                     (x)  line drawings or photographs of all diagnostic artifacts and finished artifacts described under subparagraph (ix), and

                    (xi)  line drawings and photographs of other cultural and natural specimens significant to the research objectives stated in the permit application;

             (b)  describe the methodologies used in data acquisition, recording and analysis, including field, archival and laboratory investigations;

             (c)  describe the environmental factors and cultural history relevant to the investigations;

             (d)  assess the current physical status of the site and any present or potential factors which could alter the current status;

             (e)  interpret significance of the site investigated, based on a summary examination of the findings; and

              (f)  assess the results of the investigation in relation to the scope and objectives of the project as stated in the permit.

             (3)  Where a final report is submitted within 180 days from the expiration date of the permit, requirements under paragraph (2)(e) shall be waived.

143/91 s13

Final report

     14. (1) Where a research project is continued for 2 or more seasons, in addition to subsection 13(1), a permit holder shall submit a final report to the resource archaeologist, within 2 years from the expiration date of the final permit.

             (2)  A final report submitted under subsection (1) shall be typewritten and shall include a summary of the research project in its entirety, including information as outlined in subsection 13(2).

143/91 s14

Copies of publications

     15. (1) A permit holder shall submit copies of all publications or theses produced which contain reference to the archaeological research conducted under permit to the branch.

             (2)  Publications or theses produced may be submitted to the minister for consideration as fulfilment of subsection 13(1).

143/91 s15

Care of objects

     16. (1) A person who conducts an archaeological research project or an historic resources impact assessment under an archaeological investigation permit shall clean, number and catalogue all archaeological objects collected in the course of the research project.

             (2)  Archaeological objects shall be

             (a)  catalogued on archaeological artifact record sheets provided by the branch;

             (b)  identified, either individually or grouped together, by means of common diagnostic attributes and common provenance,

                      (i)  a Borden designation number according to the site of origin,

                     (ii)  a sequential catalogue number according to internal site provenance;

             (c)  delivered to the branch within a period of 2 years from the expiration date of the permit with 2 weeks' notice to the resource archaeologist.

             (3)  Computerized artifact records may be considered as substitutes for paragraph (2)(a) with prior approval from the branch.

             (4)  A permit holder shall be responsible for ensuring that necessary changes are made to correct any errors found in the cataloguing of collections of archaeological objects returned to the province under paragraph 15(2)(c).

143/91 s16

Conservation

     17. (1) Conservation of all archaeological objects recovered under permit is the responsibility of the permit holder.

             (2)  The permit holder shall

             (a)  demonstrate that adequate budgeting has been allocated for conservation;

             (b)  obtain the services of a conservator approved by the branch who will assume responsibility for the conservation of the archaeological objects;

             (c)  submit a current resume demonstrating the conservator's educational background, employment experience, any relevant scientific publications to the conservator's credit as well as any experience pertinent to the proposed project with the permit application;

             (d)  demonstrate that adequate facilities are available for conservation;

             (e)  ensure that the conservator examines all archaeological objects recovered under permit;

              (f)  provide the branch with all examination records, however brief; and

             (g)  provide the branch with detailed treatment records, where treatment has been considered necessary, and batch treatment records, where material has been treated in bulk.

             (3)  Treatment records shall be signed and dated by the conservator and shall include the following information:

             (a)  site name;

             (b)  Borden, specimen and permit numbers;

             (c)  name, description, material and condition of the archaeological object; and

             (d)  details of treatment, including treatment proposal, materials used and methods and techniques employed during treatment.

             (4)  Notwithstanding paragraph (2)(b), the minister may, if he or she is satisfied that an applicant is unable to comply with the requirements of paragraph (2)(b), accept documentation that in his or her opinion evidences that the permit holder can carry out the required conservation with structured supervision and instruction provided by a qualified conservator.

143/91 s17

Export permit

     18. (1) Permit holders requesting a cultural property export permit shall provide the following information, in writing, to the branch:

             (a)  justification of the need for the cultural property export permit;

             (b)  a detailed list, submitted in triplicate, and count of all archaeological objects and scientific samples to be exported, organized by object type, site name and Borden number;

             (c)  a detailed description of arrangements for shipping the archaeological objects; and

             (d)  a tentative schedule for return of the archaeological objects to the province.

             (2)  Requests for cultural property export permits must be received by the branch no later than 3 weeks before the proposed date of the export.

             (3)  The permit holder shall deliver all archaeological objects and scientific samples to be exported to the resource archaeologist for inspection prior to export.

             (4)  The permit holder shall, within a period of 365 days from the expiration date of the permit or within such further period specified in the permit, provide the resource archaeologist with a complete catalogue of archaeological objects exported.

             (5)  The minister may apply terms and conditions to the export of archaeological objects as he or she considers appropriate.

143/91 s18

Review

     19. (1) In the case of rejection of the permit application, an automatic review by an independent panel of professional archaeologists may be conducted.

             (2)  The panel's recommendations will be forwarded to the minister for a final decision.

143/91 s19

Contravention

     20. (1) A permit holder who contravenes a condition of his or her permit is not eligible to apply for another permit until he or she has fulfilled the condition he or she has contravened.

             (2)  If a permit holder contravenes a condition of the permit or the Act or regulations, the minister may cancel that permit and any archaeological investigation permit held by the permit holder under the Act by giving him or her a notice of cancellation.

             (3)  A notice of cancellation under subsection (2) shall be served in accordance with section 8 of the Act.

143/91 s20

Repeal

      21. The Archaeological Investigation Permit Regulations, Newfoundland Regulation 143/91, are repealed.