CULTURE AND HERITAGE ACT

Act

CULTURE AND HERITAGE ACT(PDF 203KB)

Regulations

None available at this time

Summary:

Note: The summary below is not a legal document. It should not be relied upon for accuracy and does not in any way replace, supercede, or supplement the Law.

The maintenance and protection of culture is a basic purpose of self government.  Under this act, Tsawwassen members, individually and collectively, are provided the right
(a) to enjoy, advance and promote the Hul’qum’inum language, Tsawwassen art, literature, lifestyle, value systems and ways of living together;
(b) to engage in the spiritual, material, intellectual and emotional features of Tsawwassen society;
(c) to preserve and protect Tsawwassen First Nation history, traditions, traditional beliefs and symbols;
(d) to advance, promote and participate in Tsawwassen First Nation ceremonies, songs, dance, storytelling, and naming practices;
(e) to engage in other practices of Tsawwassen culture.

The Executive Council must also seek ways to preserve, promote and develop Tsawwassen culture in order to give expression to these rights.

The Act also confirms archeological human remains of Tsawwassen ancestors and burial objects associated with such remains are a sacred and irrevocable trust and must be maintained as the property of Tsawwassen First Nation.

Every Tsawwassen artifact discovered on, in or under Tsawwassen Lands on or after April 3, 2009, is owned by the Tsawwassen First Nation, unless ownership is proved to be held by another person.  The Executive Council also is required to negotiate the return of cultural artifacts from museums.  The Executive Council may also work to keep the ownership of artifacts in the hands of Tsawwassen Members by exercising standing in a court case where ownership is involved.