Enforcement of the Heritage
Conservation Act
Issued: October 3, 1996
Revised: May 7, 1997
PURPOSE:
The purpose of this directive on enforcement of the
Heritage Conservation Act (1996, RSBC, Chap. 187) is to provide guidance to Archaeology
Branch staff as to the general procedures to be followed when alleged
violations of the Act are reported to the branch.
MANDATE:
To ensure initiation of appropriate enforcement procedures upon learning
of an alleged contravention of this legislation.
AUTHORITY:
Pursuant to section 36(1) of the Heritage Conservation Act
(1996, RSBC, Chap. 187), a person who does any of the following commits
an offence:
- contravenes section 13(6), 14(1) or (8);
- fails to comply with, or contravenes a requirement or condition
of, an order or permit under section 12(2)(a), 14(2) or (4), or 16;
- contravenes section 13(1) or (2).
POLICY STATEMENT:
Archaeology Branch staff will take necessary actions to ensure the
timely initiation of enforcement procedures in accordance with provisions
of the Act.
PROCEDURES
Upon learning of an alleged contravention of the Act, the following
procedures will normally be followed:
- branch staff will immediately document as much pertinent information
as possible;
- if reported by a witness(es), staff will urge the person(s) to swear
a witness statement at the nearest police station (municipal or RCMP);
- if the person(s) reporting the alleged violation does not wish to
swear a witness statement, branch staff will immediately contact municipal
police or the RCMP and request initiation of an investigation and
preparation of a report to Crown Counsel;
- branch staff will provide all pertinent information on file in the
branch to the investigating officer, request the police investigation
file number, and open a branch incident file;
- as required, branch staff will swear Affidavits and appear as expert
witnesses in court cases.
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