Provisions for Protecting Heritage Sites

All Canadian provinces and territories have enacted legislation to protect, manage and develop heritage sites.  Protecting our archaeological heritage will not only help us understand and respect other peoples and other cultures, it also fosters a deep sense of our own identity both as a community and as a nation.  The key protection provisions in Saskatchewan's Heritage Property Act include:

• Heritage Property Designation (p. iii and iv)
  A heritage property may be formally designated by a municipality in whose jurisdiction the property is located, or by the Province.  A Provincial or Municipal Heritage Property Designation not only affords formal recognition of an important heritage location, it also ensures long-term preservation by restricting any detrimental future use or development of the property.  The designation is registered on the land title and therefore continues to run with the property.
• Covenants and Easements (s.59)
  The Province, or any municipality, or any approved heritage organization may enter into a formal easement or covenant with any landowner for the explicit purpose of protecting heritage property.  Any such easement or covenant will be registered on the land title and will continue to run with the property.
• Crown Ownership (s.66)
  Archaeological and palaeontological objects found in Saskatchewan are regarded as a public resource whose inherent scientific and humanistic value will benefit all people of Saskatchewan and Canada.  Accordingly, the Provincial Crown, in the public trust, claims ownership of all Saskatchewan archaeological and palaeontological objects and prohibits their unauthorized sale or removal from the province.
• Sites of a Special Nature
  A certain category of Saskatchewan's archaeological heritage, referred to as "sites of a special nature" (SSNs), are afforded explicit protection; no person may remove, excavate or alter an SSN except as authorized by a subsisting permit.  SSNs, including ancient rock paintings and carvings, human burial places, boulder effigies, and "medicine wheels," are generally considered sacred by contemporary First Nations people and often directly associated with their ongoing traditional cultural practices and beliefs.  Many SSNs are also some of Saskatchewan's most outstanding archaeological heritage monuments.
• Impact Assessment and Mitigation (s.63)
  Any person whose development operation or activity is likely to disturb or damage heritage property may be required to carry out an impact assessment study, submit an assessment report, and undertake any further salvage, preservation measure, or other action deemed appropriate.  Furthermore, any municipality or other authority may be required to suspend or withhold its permit authorizing the activity until the required impact assessment or other action has been satisfactorily completed.
• Temporary Stop Order (s.4)
  Any person engaged in an activity that may disturb or damage heritage property may be issued a temporary stop order requiring that person to cease the activity for up to 60 days.  During that period, alternatives to destruction (such as systematic data recovery or salvage, or formal heritage property designation) will be investigated and acted upon.
• Investigation Permits (s.67)
  An investigation permit is required for any heritage research or resource management activity, such as carrying out a survey, making collections, or conducting excavations, that may disturb or dislocate archaeological and palaeontological objects.  Permits are issued by the responsible Minister under any terms and conditions deemed appropriate.
• Penalties
  Any person who contravenes any provision of The Heritage Property Act is guilty of an offence and liable on summary conviction to a fine of up to $250,000.00 (in the case of a corporation), or (in the case of an individual) to a fine of up to $5,000.00 or imprisonment up to 6 months, or both.