Kitsumkalum Agreement-in-Principle
CHAPTER 21 – CULTURE AND HERITAGE
General
1.
Kitsumkalum Members have the right to practice Tsimshian culture and to use the Sm’algyx
language in a manner consistent with the Final Agreement.
2.
Nothing in paragraph 1 creates or implies any financial obligation or service delivery
responsibilities on the part of Canada or British Columbia.
3.
The Parties recognize the integral role of Kitsumkalum Artifacts in the continuation of
Kitsumkalum culture, values and traditions, whether those Kitsumkalum Artifacts are held by
Kitsumkalum, a Kitsumkalum Corporation, Kitsumkalum Members, Parks Canada, the
Canadian Museum of Civilization or the Royal British Columbia Museum.
Law-Making
4.
5.
The Kitsumkalum Government may make laws applicable on Kitsumkalum Lands in respect of:
a)
the conservation, protection and management of Heritage Sites, including public access
to Heritage Sites;
b)
the conservation, protection and management of Kitsumkalum Artifacts owned by
Kitsumkalum;
c)
the cremation or interment of Archaeological Human Remains found on Kitsumkalum
Lands or returned to Kitsumkalum.
Kitsumkalum Law under subparagraph 4(a) 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.
Information provided by Kitsumkalum to British Columbia under subparagraph 5(b) will not be
subject to public disclosure without the prior written consent of Kitsumkalum.
7.
After Kitsumkalum makes a law under paragraph 4, Provincial Law respecting heritage
inspections, heritage investigations and the alteration of Heritage Sites will not apply to
Kitsumkalum Lands.
8.
British Columbia will not designate any Kitsumkalum Lands as a provincial heritage site
without the consent of Kitsumkalum.
9.
A Kitsumkalum Law under subparagraph 4(a) will not unreasonably deny public access to
Heritage Sites on Kitsumkalum Lands, but for greater certainty, nothing in this paragraph
prevents Kitsumkalum from restricting access when necessary to protect and preserve Heritage
Sites.
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