Province of Alberta

FIRST NATIONS SACRED CEREMONIAL

OBJECTS REPATRIATION ACT

BLACKFOOT FIRST NATIONS SACRED

CEREMONIAL OBJECTS
REPATRIATION REGULATION

Alberta Regulation 96/2004

With amendments up to and including Alberta Regulation 98/2023

Current as of June 9, 2023

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 (Consolidated up to 98/2023)

ALBERTA REGULATION 96/2004

First Nations Sacred Ceremonial Objects Repatriation Act

BLACKFOOT FIRST NATIONS SACRED CEREMONIAL

OBJECTS REPATRIATION REGULATION

Table of Contents
1 Definitions

Part 1
Consultation
2 Consultation
Part 2
Application for Repatriation
3 Representative of First Nation
4 Application for repatriation
5 Publication of application
6 Second or subsequent application
7 Right to provide input
8 Decision by Minister
9 Liability for costs
10 Expiry

Schedule

Definitions
1 In this Regulation,

(a) “Act” means the First Nations Sacred Ceremonial Objects

Repatriation Act;

(b) “First Nation” means any of the following:

(i) the Blood Tribe;

(ii) the Siksika Nation;

(iii) the Piikani Nation;

 BLACKFOOT FIRST NATIONS SACRED CEREMONIAL
Section 2 OBJECTS REPATRIATION REGULATION AR 96/2004

(c) “Minister” means the Minister or a person designated by

the Minister to act on the Minister’s behalf.

Part 1
Consultation
Consultation
2(1) Discussions and meetings must be held between the Minister
and First Nations with respect to the process to be followed for the
repatriation of a sacred ceremonial object under Part 2.

(2) Consultations under subsection (1) are deemed to have been

completed on the coming into force of this Regulation.

Part 2
Application for Repatriation
Representative of First Nation
3(1) In all matters relating to the repatriation of a sacred
ceremonial object to a First Nation, a society incorporated under
the Societies Act must act as the representative of the First Nation.

(2) The elected Chief and council of each First Nation must
provide to the Minister through a band council resolution the name
of the society that will act as its representative.

Application for repatriation

4(1) An application under section 2(1) of the Act for the
repatriation of a sacred ceremonial object must be made by a
society referred to in section 3 of this Regulation.

(2) A society may make an application for the repatriation of a

sacred ceremonial object only if the society has received a request
from an individual who has agreed to put that sacred ceremonial
object back into use as a sacred ceremonial object.

(3) The application referred to in subsection (1) must be submitted

to the Minister in the form and manner determined by the Minister,
and must

(a) identify each sacred ceremonial object that is the subject

of the application,

(b) indicate that the society representing the First Nation

agrees to receive each sacred ceremonial object
repatriated pursuant to the application,

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Section 5 OBJECTS REPATRIATION REGULATION AR 96/2004

(c) for each sacred ceremonial object that is the subject of the
application, provide the name of the individual who made
the request referred to in subsection (2),

(d) for each sacred ceremonial object that is the subject of the
application, include a statement by the individual who
made the request referred to in subsection (2) that the
individual agrees to put the sacred ceremonial object back
into use as a sacred ceremonial object,

(e) establish that each sacred ceremonial object identified in

the application

(i) was used by the First Nation in the practice of sacred

ceremonial traditions, and

(ii) is vital to its practice of sacred ceremonial traditions,

and

(f) indicate whether each sacred ceremonial object identified

in the application is in the possession and care of

(i) the Royal Alberta Museum,

(ii) the Glenbow-Alberta Institute,

(iii) the First Nation, or

(iv) the Crown at a location other than the locations

described in subclauses (i) and (ii).
AR 96/2004 s4;59/2014

Publication of application
5 The Minister must ensure that a notice indicating that the
Minister has received an application under section 2(1) of the Act

(a) is published

(i) in The Alberta Gazette, and

(ii) in any other publication or location that the Minister

considers appropriate,

and

(b) is given to each First Nation.

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Section 6 OBJECTS REPATRIATION REGULATION AR 96/2004

Second or subsequent application

6(1) A First Nation that wishes to apply under section 2(1) of the
Act for the repatriation of a sacred ceremonial object that is already
the subject of such an application must make the application not
later than 30 days after the notice referred to in section 5 is
published in The Alberta Gazette.

(2) Sections 4 and 5 apply to an application made under this

section.

Right to provide input

7(1) Any person may make representations to the Minister relating
to an application for the repatriation of a sacred ceremonial object.

(2) Unless subsection (3) applies, all representations relating to the

application must be made within 30 days after the notice referred to
in section 5 is published in The Alberta Gazette.

(3) Where the Minister receives a second or subsequent application

under section 6 within the 30-day period described in that section,
all representations relating to the second or subsequent application
must be made within 30 days after notice of the second or
subsequent application is published in The Alberta Gazette.

Decision by Minister
8(1) Where the Minister has received only one application for the
repatriation of a sacred ceremonial object, the Minister must agree
to the repatriation of the sacred ceremonial object

(a) if the application meets the requirements of this

Regulation, and

(b) if, in the Minister’s opinion, repatriation of the sacred

ceremonial object is appropriate.

(2) Where the Minister has received more than one application for
the repatriation of a sacred ceremonial object, the Minister

(a) may decide which applicant the sacred ceremonial object

is to be repatriated to, or

(b) may decide not to agree to the repatriation of the sacred

ceremonial object if, in the Minister’s opinion,
repatriation is not appropriate.

(3) Where the Minister agrees to the repatriation of a sacred

ceremonial object,

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Section 9 OBJECTS REPATRIATION REGULATION AR 96/2004

(a) the Minister must complete and sign the transfer form set
out in the Schedule, and

(b) the society representing the First Nation must complete

and sign the acceptance form set out in the Schedule.

(4) The Minister and the society representing the First Nation may
make all necessary arrangements for the physical transfer of the
sacred ceremonial object to the society representing the First
Nation.

Liability for costs

9 The Government of Alberta is not liable for any cost relating to
the repatriation of a sacred ceremonial object incurred by

(a) a First Nation,

(b) a society representing a First Nation, or

(c) any other person having an interest in a sacred ceremonial

object.

Expiry
10 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on June 30, 2024.
AR 96/2004 s10;59/2014

Schedule

Transfer and Acceptance of a

Sacred Ceremonial Object

Transfer of Title
Pursuant to the First Nations Sacred Ceremonial Objects
Repatriation Act and the Blackfoot First Nations Sacred
Ceremonial Objects Repatriation Amendment Regulation made
under that Act, His Majesty in right of Alberta as represented by
the Minister of Arts, Culture and Status of Women (the “Crown”)
hereby transfers all its title to
(sacred ceremonial object) ,

the title to which is vested in the Crown and that is in the

possession and care of the Royal Alberta Museum or the
Glenbow-Alberta Institute or on loan from one of those institutions
or is otherwise in the possession and care of the Crown, to
(Society representing First Nation) ,
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 BLACKFOOT FIRST NATIONS SACRED CEREMONIAL
Schedule OBJECTS REPATRIATION REGULATION AR 96/2004

as the representative of the First Nation.

The Crown relinquishes all rights and claims to the sacred
ceremonial object.
Dated the day of , 20 .
(signature on behalf of the Crown) (Witness)

Acceptance
The society representing the First Nation
(a) accepts the transfer of the Crown’s title to the sacred
ceremonial object on behalf of the First Nation, and
(b) agrees to ensure that the object is used by the First Nation
in a manner that is consistent with it being a sacred
ceremonial object.
Dated the day of , 20 .

(signature on behalf of society that

is the First Nation’s representative) (Witness)
AR 96/2004 Sched.;35/2007;68/2008;31/2012;170/2012;
59/2014;218/2022;98/2023

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