Archaeological chance find procedure for mining

Training

All on-site personnel and contractors should understand the archaeological chance find procedures. On-site personnel should understand the importance of following the procedure if cultural heritage resources are encountered. The chance find procedure needs to be accessible to all.

Significant legal penalties may apply to those who contravene the Heritage Conservation Act, including fines and potential imprisonment. As such, it is critically important that all members of your field team are aware of the requirements and follow the provisions of your chance find procedure.

Training on cultural heritage resources should be provided.

The Yukon Government publication Mineral Exploration Best Management Practices for Heritage Resources [PDF, 2MB] is a useful guide for reference.

Archaeological permits

An archaeological permit is required for any subsurface investigation of an archaeological site or investigation with the intent to locate a site. The Archaeology branch is responsible for administering the HCA, issuing permits, and maintaining a database of recorded archaeological sites. Disturbance and/or removal of artifacts from an archaeological site may result in penalties.

Remedies and Penalties

The Heritage Conservation Act provides for heritage inspection or investigation orders, temporary protection orders, civil remedies and penalties to limit contraventions. 

These powers provide the Province with the ability to inspect a site or halt work to prevent site alteration, and the Courts with the ability to issue an injunction to restrain contravention of the Act, or where there has been a breach of the Act, impose penalties of not more than a fine of:

• $50,000 and 2 years imprisonment for an individual
• Not more than $1,000,000 for a corporation
• $50,000 or 2 years imprisonment for an employee, officer, director or agent of the corporation

Archaeological chance find procedure

Chance find procedures are submitted with a Notice of Work application. At a minimum, a mine sites chance find procedure should outline the following actions to be taken if any suspected heritage material/resource/site is discovered.

• Stop work in the vicinity of the artifact or site immediately
  • Notify team members around to avoid the area
• Do not disturb any archaeological finds or remains that you may encounter
• Record the location of the artifact or site
• Contact the mine manager to take further action:
  • Notify the project archaeologist and Archaeology Branch
  • Notify Indigenous groups with interest in the area

Assessment of the artifact and site will occur. Information about ways to protect or address any issues will be shared.

Human remains

If the remains are assessed to be archaeological, the archaeology branch and local First Nations will arrange for their respectful handling and disposition in a culturally appropriate manner.  The local police authority and coroner’s office will be notified.

 

Archaeological Chance Find Procedure - Sample Document

Use this chance find procedure as a template to develop your own procedure.

Download a Word document of this sample (Word, 16KB)

_______________ [Insert Mineral property name]_______ and ______________[insert permittee or on-site operator name]

There are more than 32,000 archaeological sites currently recorded in British Columbia with many more being added to the provincial inventory every year. For this reason, it is very likely that you will encounter an archaeological site during your lifetime either knowingly or unknowingly. This protocol has been established to increase awareness of this important resource and to assist in planning future developments.

The remnants of British Columbia’s earliest cultures are represented in today’s landscape by a wide variety of site types, most of which are related to art, habitations, resource gathering and production, tool making, and traditional ceremonial or ritual activities. Some sites that may be immediately visible to a non-archaeologist include:

• Rock art, including pictographs and petroglyphs.
• Tree art and Culturally Modified Trees (CMT’S) such as bark stripping and planks.
• Surface features such as depressions created by former habitations, earthen fortifications, rock cairns, fish traps, clam gardens, burned rock and middens.
• Artifacts that have become visible on the land surface owing to erosion or recent land altering activity. These may be produced in a variety of materials such as stone, bone, antler, wood, or shell.
• Buried cultural remains that may be sighted in a cut-bank, excavation, eroded shoreline, or other exposed deposit.

 

If you discover what you suspect may be a possible archaeological site:

• Stop all work in the area to avoid damaging the site.
• Do not disturb any archaeological remains that you may encounter.
• Report your discovery to your supervisor or if they are unavailable, the {Permittee or on-site Operator name } who will provide further instructions {contact #}.
• If you are unable to contact the {Permittee or on-site Operator name} representative, please contact the Archaeology Branch by telephone at (250) 953-3334

 

If you discover what you suspect may be a possible human remains:

• Stop all work in the area to avoid damaging the site.
• Do not disturb any possible human remains that you may encounter.
• Report your discovery to your supervisor or if they are unavailable, the {Permittee or on-site Operator name } who will provide further instructions.
• If you are unable to contact the {Permittee or on-site Operator name} representative, and the suspected human remains appear to be current, contact the local police authority at ______[enter police contact phone number]_______
• If you are unable to contact the ______[enter permittee or on-site operator name]_____ representative, please contact the Archaeology Branch by telephone at (250) 953-3334

 

The following steps will generally be followed

• The Coroner's Office and local policing authority are notified, and the Coroner's Office determines whether the matter is of contemporary forensic concern.
• If the remains are not of forensic concern, the branch will attempt to facilitate disposition of the remains.
• If a cultural affiliation for the remains can be determined, the branch will contact an organization representing that cultural group. If the remains are of aboriginal ancestry, the branch will attempt to contact the relevant First Nation(s).
• Generally, if remains are still buried and are under no immediate threat of further disturbance, they will not be excavated or removed. If the remains have been partially or completely removed, the branch will facilitate disposition.
• The branch may arrange for a qualified anthropologist or archaeologist to provide an assessment of the remains.