BLACKFOOT FIRST NATIONS SACRED CEREMONIAL OBJECTS REPATRIATION REGULATION

Similar documents
ELECTRONIC TRANSACTIONS ACT GENERAL REGULATION

COMMUNITY TREATMENT ORDER REGULATION

TRANSITIONAL (INSURANCE AMENDMENT ACT, 2008 PART 5) REGULATION

SECURITIES REGULATION

WATER (OFFENCES AND PENALTIES) REGULATION

PROTECTION FOR PERSONS IN CARE (MINISTERIAL) REGULATION

ALBERTA PULSE GROWERS COMMISSION AUTHORIZATION REGULATION

PATIENT CONCERNS RESOLUTION PROCESS REGULATION

EXPROPRIATION ACT FORMS REGULATION

MENTAL HEALTH PATIENT ADVOCATE REGULATION

PROVINCIAL COURT CIVIL CLAIMS FORMS REGULATION

TRAVEL ALBERTA GENERAL REGULATION

DESIGNATION OF CONSTITUTIONAL DECISION MAKERS REGULATION

TRANSCRIPT FEES AND FORMAT REGULATION

BUILDERS LIEN FORMS REGULATION

BUILDING CODE REGULATION

ROLES, RELATIONSHIPS AND RESPONSIBILITIES REGULATION, 2003

ALBERTA CENTENNIAL MEDAL ACT

ENVIRONMENTAL ASSESSMENT REGULATION

PROTECTION AGAINST FAMILY VIOLENCE REGULATION

ADMINISTRATIVE PENALTY REGULATION

PROTECTION OF CHILDREN ABUSING DRUGS REGULATION

REGIONAL HEALTH AUTHORITY MEMBERSHIP REGULATION

ENFORCEMENT OF PRIVATE SURFACE AGREEMENT RULES

PRIVATE SEWAGE DISPOSAL SYSTEMS REGULATION

EXPROPRIATION ACT RULES OF PROCEDURE AND PRACTICE

TRANSITIONAL MEMBERSHIP REGULATION

COMMUNITY AGGREGATE PAYMENT LEVY REGULATION

SURFACE RIGHTS ACT GENERAL REGULATION

HEALTH PROFESSIONS AMENDMENT ACT, 2008

REGIONAL HEALTH AUTHORITY COLLECTIVE BARGAINING REGULATION

STORAGE TANK SYSTEM MANAGEMENT REGULATION

GUARANTEES ACKNOWLEDGMENT ACT

DOMESTIC TRADE AGREEMENTS REGULATION

ADVOCATE FOR PERSONS WITH DISABILITIES ACT

FEES AND EXPENSES FOR WITNESSES AND INTERPRETERS REGULATION

MENTAL HEALTH REGULATION

REGIONAL HEALTH AUTHORITIES FOUNDATIONS REGULATION

RELEASE REPORTING REGULATION

ENVIRONMENTAL APPEAL BOARD REGULATION

CIVIL SERVICE GARNISHEE ACT

HORSE RACING ALBERTA AMENDMENT ACT, 2014

RULES OF PRACTICE OF THE NATURAL RESOURCES CONSERVATION BOARD REGULATION

Province of Alberta REGULATIONS ACT. Revised Statutes of Alberta 2000 Chapter R-14. Current as of June 13, Office Consolidation

PERSONAL PROPERTY REGISTRY ACCREDITATION AND DOCUMENT HANDLING REGULATION

M.S.I. FOUNDATION ACT

DANGEROUS GOODS TRANSPORTATION AND HANDLING REGULATION

ALBERTA ELECTRONIC HEALTH RECORD REGULATION

CONSTITUTIONAL REFERENDUM ACT

FAMILY LAW ACT GENERAL REGULATION

Province of Alberta QUEEN S COUNSEL ACT. Revised Statutes of Alberta 2000 Chapter Q-1. Current as of May 14, Office Consolidation

VITAL STATISTICS AND LIFE EVENTS MODERNIZATION ACT

DANGEROUS GOODS TRANSPORTATION AND HANDLING REGULATION

JUDGMENT INTEREST ACT

Province of Alberta LANGUAGES ACT. Revised Statutes of Alberta 2000 Chapter L-6. Current as of January 1, Office Consolidation

ALBERTA PERSONAL PROPERTY BILL OF RIGHTS

POTATO GROWERS OF ALBERTA PLEBISCITE REGULATION

APPRENTICESHIP AND INDUSTRY TRAINING ADMINISTRATION REGULATION

CREDIT AND PERSONAL REPORTS REGULATION

RESPONSIBLE ENERGY DEVELOPMENT ACT GENERAL REGULATION

ANIMAL HEALTH (GENERAL) REGULATION

ALBERTA INVESTMENT MANAGEMENT CORPORATION REGULATION

BURIAL OF THE DEAD ACT

Province of Alberta STATUTES REPEAL ACT. Statutes of Alberta, 2013 Chapter S Current as of February 20, Office Consolidation

RESIDENTIAL TENANCY DISPUTE RESOLUTION SERVICE REGULATION

APPROVALS AND REGISTRATIONS PROCEDURE REGULATION

LAND INTERESTS CONVERSION REGULATION

FEEDER ASSOCIATIONS GUARANTEE ACT

ENVIRONMENTAL PROTECTION AND ENHANCEMENT (MISCELLANEOUS) REGULATION

IRRIGATION FORMS REGULATION

PERSONS WITH DEVELOPMENTAL DISABILITIES SERVICES ACT

CONSULTING ENGINEERS OF ALBERTA ACT

SECURITY SERVICES AND INVESTIGATORS REGULATION

CORPORATE REGISTRY DOCUMENT HANDLING PROCEDURES REGULATION

ACCESS TO MOTOR VEHICLE INFORMATION REGULATION

INTERPROVINCIAL SUBPOENA ACT

EMERGENCY HEALTH SERVICES (INTERIM) REGULATION

Province of Alberta MINORS PROPERTY ACT. Statutes of Alberta, 2004 Chapter M Current as of January 1, Office Consolidation

SCHOOL BUSINESS OFFICIALS REGULATION

SMALL POWER RESEARCH AND DEVELOPMENT ACT

Province of Alberta FATAL ACCIDENTS ACT. Revised Statutes of Alberta 2000 Chapter F-8. Current as of December 11, Office Consolidation

2016 Bill 22. Second Session, 29th Legislature, 65 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 22

Province of Alberta EMERGENCY 911 ACT. Statutes of Alberta 2013 Chapter E-7.5. Current as of April 1, Published by Alberta Queen s Printer

FAMILY SUPPORT FOR CHILDREN WITH DISABILITIES ACT

FARM IMPLEMENT DEALERSHIPS ACT

FOREST LAND USE AND MANAGEMENT REGULATIONS

ADMINISTRATIVE ITEMS REGULATION

RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT

WAREHOUSEMEN S LIEN ACT

INTERJURISDICTIONAL SUPPORT ORDERS ACT

Province of Alberta FOREST RESERVES ACT. Revised Statutes of Alberta 2000 Chapter F-20. Current as of March 11, Office Consolidation

SKIN CANCER PREVENTION (ARTIFICIAL TANNING) ACT

PROFESSIONAL TECHNOLOGISTS REGULATION

Province of Alberta LINE FENCE ACT. Revised Statutes of Alberta 2000 Chapter L-13. Current as of December 13, Office Consolidation

Province of Alberta FORESTS ACT TIMBER REGULATION. Alberta Regulation 404/1992. With amendments up to and including Alberta Regulation 170/2012

NOTARIES AND COMMISSIONERS ACT

SOCIETIES REGULATION

Province of Alberta COURT OF APPEAL ACT. Revised Statutes of Alberta 2000 Chapter C-30. Current as of December 15, Office Consolidation

Province of Alberta WEED CONTROL ACT. Statutes of Alberta, 2008 Chapter W-5.1. Current as of October 1, Office Consolidation

Province of Alberta FOREST RESERVES ACT. Revised Statutes of Alberta 2000 Chapter F-20. Current as of March 11, Office Consolidation

Transcription:

Province of Alberta FIRST NATIONS SACRED CEREMONIAL OBJECTS REPATRIATION ACT BLACKFOOT FIRST NATIONS SACRED CEREMONIAL OBJECTS REPATRIATION REGULATION Alberta Regulation 96/2004 With amendments up to and including Alberta Regulation 59/2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park Plaza 10611-98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 E-mail: qp@gov.ab.ca Shop on-line at www.qp.alberta.ca

Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(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;

BLACKFOOT FIRST NATIONS SACRED CEREMONIAL Section 2 OBJECTS REPATRIATION REGULATION AR 96/2004 (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, 2

BLACKFOOT FIRST NATIONS SACRED CEREMONIAL Section 5 OBJECTS REPATRIATION REGULATION AR 96/2004 (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 and (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, (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 and (i) in The Alberta Gazette, and (ii) in any other publication or location that the Minister considers appropriate, (b) is given to each First Nation. 3

BLACKFOOT FIRST NATIONS SACRED CEREMONIAL Section 6 OBJECTS REPATRIATION REGULATION AR 96/2004 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, 4

BLACKFOOT FIRST NATIONS SACRED CEREMONIAL Section 9 OBJECTS REPATRIATION REGULATION AR 96/2004 (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), 5

BLACKFOOT FIRST NATIONS SACRED CEREMONIAL Schedule OBJECTS REPATRIATION REGULATION AR 96/2004 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 6

*9780779779772* Printed on Recycled Paper