The Tuktut Nogait Agreement
8. Cultural Resources
The Board shall advise the Minister on the means of accomplishing the cultural protection and awareness purposes described in Subsections 2.2, 2.5 and 2.6 above. Without limiting the generality of the foregoing, the Board may advise the Minister on:
- government policy and legislation affecting archaeological research and education in the Park;
- general terms and conditions to be attached to archaeological research permits;
- the collection and documentation of traditional Inuvialuit knowledge associated with the Park; and
- the retention of Archaeological Specimens or replicas in Paulatuk for interpretive and educational programs, provided that retention of any Archaeological Specimens shall be subject to maintaining the integrity of Archaeological Site Assemblages for further research and the availability of suitable facilities.
In the establishment, operation and management of the Park, the Parties and the Board shall make appropriate recognition of Inuvialuit and pre-Inuvialuit heritage and presence in the Park and surrounding area. Without limiting the generality of the foregoing, Canada shall:
- collect and document Inuvialuit traditional knowledge of the physical, biological and cultural resources of the Park, for Park purposes in accordance with terms to be negotiated between Canada and the IRC from time to time;
- provide to the IRC and PCC copies of any reports, audio tapes, video tapes, transcripts or other materials collected or documented as part of the process of collecting and documenting Inuvialuit traditional knowledge; and
- provide that, where any burial site or site of human remains affiliated with Inuvialuit or pre-Inuvialuit cultures is known or discovered in the Park, its disturbance shall not be permitted without first obtaining the written consent of the IRC, provided that any such disturbance shall be subject to the NWT Coroners Act.
Any intellectual property rights or aspects relating thereto that may arise as a result of the Parties' obligations as set out in this Agreement, and in particular under Subsection 8.2(A), shall be addressed by the Parties when a proposal is made for research or other work in connection with the collection or documentation of the physical, biological and cultural resources of the Park. Canada shall act in accordance with Government policy and legislation as they exist from time to time.
Archaeological Specimens related to Inuvialuit and pre-Inuvialuit heritage located within the Park may be removed from the Park by Canada for resource management purposes, and shall be held in trust by Canada for the IRC, subject to an agreement to be negotiated and entered into by Canada and the IRC within five years of this Agreement. Upon removal of such Archaeological Specimens and following reasonable request by the IRC, Canada shall deliver any such Archaeological Specimens to a facility designated by the IRC, provided that the facility shall allow public access to them, and that it observes at least the minimum standards prescribed by the Alberta Museums Association in its Standards Practice Handbook of Museums for their care and handling. No Archaeological Specimens shall be subject to sampling or investigative methodology which may destroy, modify or otherwise alter their character without the written permission of the IRC.
Notwithstanding Subsection 8.4, any chattel the ownership of which can be traced to a living Inuvialuit person shall not be removed from the Park without the written consent of that Inuvialuit person.