p-9.002, r. 2 - Regulation respecting archaeological research

Replaced on 11 April 2013

This document has official status.

chapter P-9.002, r. 2

Regulation respecting archaeological research

Cultural Heritage Act

(chapter P-9.002, s. 81, par. 2 and 3).

Replaced, M.O. 2013-01, 2013 G.O. 2, 766; eff. 2013-04-11; see chapter P-9.002, r. 2.1

The former alphanumerical designation of this Regulation was: chapter B-4, r. 2.

1. Definitions: In this Regulation,

(a)  “application” means an application for an archaeological research permit made pursuant to this Regulation;

(b)  “holder” means a holder of an archaeological research permit;

(c)  “Conseil” means the Conseil du patrimoine culturel du Québec;

(d)  “Act” means the Cultural Heritage Act (chapter P-9.002);

(e)  “Minister” means the Minister of Culture, Communications and the Status of Women;

(f)  “permit” means an archaeological research permit issued under the Act and this Regulation.

R.R.Q., 1981, c. B-4, r. 2, s. 1.

2. Conditions: A permit is issued by the Minister, who shall obtain the advice of the Conseil, to any person who applies for a permit and who complies with the following conditions:

(a)  applications must be submitted in accordance with Form 24, attached hereto, at least 2 months before the date set for the beginning of archaeological work;

(b)  applicants must prove by means of the documents and information required under section 3 that they are capable of carrying out the archaeological research in accordance with the principal set forth in section 4;

(c)  in addition to the written consent of the owner or of any other interested person, as the case may be, required under section 71 of the Act, applications must be accompanied by an agreement respecting the nature and duration of the work and the occupation of the property, the restoration of the property after completion of excavations, and in the case of revocation of a permit by the Minister, the extinction of obligations resulting from consent and the agreement below; and

(d)  the applicant shall at all times respect and comply with the provisions of the Act and its regulations.

R.R.Q., 1981, c. B-4, r. 2, s. 2.

3. Information and documents in support of the application: The applicant shall furnish the following information and documents in support of his application:

(a)  the written consent prescribed in paragraph c of section 2 or, in default thereof, a written engagement to comply with such provision before the validity date of the permit;

(b)  a record of professional qualification comprising:

i.  the applicant’s educational background, a list of his scientific publications, a list of the bodies to which he has been attached since the end of his studies and his status thereat, as well as any pertinent experience; and

ii.  the proposed composition of the archaeological team together with the educational background and experience of each person taking part in the research;

(c)  an archaeological research program comprising:

i.  the nature of the research and the anticipated result;

ii.  the estimated duration of the research, submitted in the form of a general schedule;

iii.  the methods of updating, recording of data and cataloguing of documents;

iv.  the methods of conservation and restoration of objects and architectural remains where applicable; and

v.  the site and circumstances of the analysis of objects and data;

(d)  a publicity and valuation program comprising:

i.  plans for the publicizing and, where applicable, valuation of the data and remains uncovered in the course of excavations; and

ii.  a general schedule of phases to be publicized and, where applicable, valued;

(e)  a record of material resources comprising:

i.  the name of the persons or bodies from whom the applicant requested funds, the proposed budget or, if a grant was not requested, the financial resources of the applicant, also an itemized budget covering the various phases of the research;

ii.  a description of the material resources necessary for research, such as equipment and buildings; and

iii.  a copy of any agreement concluded between the applicant and the firm, body or person whom he represents with respect to financing and other administrative and scientific obligations; in default of such copy, a written engagement by the applicant to submit the copy before the date of validity of the contract.

R.R.Q., 1981, c. B-4, r. 2, s. 3.

4. Guiding principle for study of applications: Archaeological research shall be made by persons whose methods and professional and material resources guarantee the complete and satisfactory execution of the project.

R.R.Q., 1981, c. B-4, r. 2, s. 4.

5. Study time limit: The time limit for the study of an application shall be 2 months from the date of receipt of the file and application. Where the file relative to the application is incomplete, the time limit for study shall only accrue from the date of receipt of the missing documents.

R.R.Q., 1981, c. B-4, r. 2, s. 5.

6. Changes: Permits are issued on the condition that the holder notify the Minister in writing of the nature and reasons for any desired changes respecting his permit.

Any change approved by the Minister, after advice given by the Conseil, forms, as a condition, part of the holder’s initial permit.

R.R.Q., 1981, c. B-4, r. 2, s. 6.

7. Start of work: If the research work has not started within 30 days after the projected date fixed by the applicant for the commencement of excavations and surveys, the Minister may revoke the permit.

R.R.Q., 1981, c. B-4, r. 2, s. 7.

8. Protection of remains discovered fortuitously: If, during the excavation, the holder uncovers remains not provided for in his application, he must inform the Minister thereof without delay and the latter shall determine the conservation measures to be taken or, where it is physically impossible to notify the Minister, he must ensure the conservation of such remains by filling in the excavations.

R.R.Q., 1981, c. B-4, r. 2, s. 8.

9. Revocation of permit: Any permit issued by the Minister is revoked if the holder does not take the conservation measures mentioned in section 8 to ensure that the remains are not placed in danger.

R.R.Q., 1981, c. B-4, r. 2, s. 9.

10. Presentation of annual report: The annual report prescribed in section 72 of the Act must be submitted to the Minister before the expiry of the permit. However, where a permit is revoked, the annual report shall be submitted to the Minister during the month following such revocation.

In all cases, it must be submitted to the Minister before any new application is made.

R.R.Q., 1981, c. B-4, r. 2, s. 10.

11. Contents of annual report: The annual report shall contain the following information:

(a)  a statement of the work carried out comprising:

i.  localizing by aerial photographs to a scale of 1:14 000 and topographical maps to a scale of 1:50 000 or to the largest scale existing at that time for the specified area, and a detailed plan of the site or sites indicating all the prospected surfaces together with any sectional drawings for an understanding of the whole;

ii.  the methods used in the carrying out of excavation or survey work and in the recording of data; and

iii.  the duration of such work;

(b)  a detailed description of the findings comprising:

i.  a general plan of the remains of the place together with objective photographs;

ii.  the protective measures taken, if any;

iii.  general indications of the cultural content of the remains of the place and of each stratigraphical level; and

iv.  the initial interpretation resulting from a summary examination of the findings;

(c)  a summary of the professional and material means available to ensure the continuity of research and successful conclusion thereof;

(d)  a copy of the notes, plans and drawings as well as the catalogues of documents and photographs, except where a copy of such documents is kept by a laboratory chosen by the Minister from which they may not be taken without the latter’s authorization.

R.R.Q., 1981, c. B-4, r. 2, s. 11.

12. (Revoked).

R.R.Q., 1981, c. B-4, r. 2, s. 12; O.C. 1986-87, s. 1.

FORM 24

(s. 2)

APPLICATION FOR AN ARCHAEOLOGICAL RESEARCH PERMIT

(to be completed in duplicate)

Applicant

Name: ________________________________ Given name: ________________________________

Address: ______________________________ Telephone No: ______________________________

Site:

Description of the research site or place:

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Location of the research site or place:

City and local municipality: ____________________________________________________________

Physical boundaries (civic number, cadastral, geographical or other designation):

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Description of the state of the place:

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Nature of known or presumed occupation:

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Have you already submitted an application for an archaeological research permit?

If yes, give the file number: ____________________________________________________________

The undersigned requires an archaeological research permit for the areas specified in his application.

For this purpose the documents and information required under sections 2 and 3 of the Regulation respecting archaeological research (chapter P-9.002, r. 2) are annexed hereto in support of this application for a permit.

The undersigned certifies that the documents and information submitted to the Minister are true and exact, and makes this declaration consciously believing it to be true and knowing that it has the same force and effect as if made under oath under the Canada Evidence Act (R.S.C. 1985, c. C-5).

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Signature of applicant

At _________________________________________________________________________________

this _____________________________________________________________________________ day

_____________________________________________________________________ 20__________

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The Minister of Culture, Communications and the Status of Women acknowledges receipt of the application for an archaeological research permit bearing our file number _____________________________

Québec, this ___________________________ day of ___________________________ 20__________

Minister of Culture, Communications and the Status of Women,

Per: ________________________________________________________________________________

ARCHAEOLOGICAL RESEARCH PERMIT

Upon study of and based on the documents and information furnished, the Minister hereby issues a permit valid for 1 year, effective _________________________________________________________

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The permit holder is authorized to carry out archaeological research at the following places:

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The permit holder shall carry out the archaeological research in accordance with his application for a permit and the Regulation respecting archaeological research.

The study and verifications prior to the issuance of such permit were made under the responsibility of

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The permit is issued at Québec, this _________________________________________________ day of _______________________________________________________________________ 20__________

Minister of Culture, Communications and the Status of Women.

R.R.Q., 1981, c. B-4, r. 2, Form 24.

REFERENCES

R.R.Q., 1981, c. B-4, r. 2

O.C. 1986-87, 1988 G.O. 2, 33

S.Q. 1997, c. 43, s. 875

S.Q. 2011, c. 21, ss. 255, 258, 260 and 262