Appendix A: Quatsino Subdivision (Development Plan)
To accommodate future population growth
To provide a range of housing options for members with different lifestyles and needs
To accommodate a range of administrative and community uses
To provide land for commercial development
Land Use Policies
- All new housing and residential development must be located on land that is designated for residential use on Map A-1.
- All new housing and residential development must be approved by Council through a ‘Band Council Resolution’.
- In the future, housing will be allocated and administered in accordance with a Quatsino First Nation’s Housing Policy.
- Multi-family residential developments (e.g., duplexes, townhomes, and apartments) will be centrally located near community facilities
- Homes in the following areas will be removed and relocated when they are ready to be replaced:
- Teeta Road (see Map A-1);
- The main entrance to our community (see Map A-1); and
- Cayuse Road (see Map A-1).
- The location of the old Lands and Resources office will be repurposed for housing.
- An engineered subdivision plan must be completed before housing is built on any of our undeveloped residential land.
- All new residential developments must be connected to our community water and sewer systems.
- Small home-based businesses (e.g. bookkeeping and catering) are permitted in residential areas. However, larger home-based industries (e.g. contractors storing and working on equipment) must locate their operations elsewhere.
- All home-based businesses must be approved by Council through a ‘Band Council Resolution’.
- All businesses must conform to current health and safety and environmental regulations.
- All new commercial development must be located on land that is designated for commercial use on Map A-1.
- All new commercial developments must be approved by Council through a ‘Band Council Resolution’.
- A proposed commercial development will only be approved after it has been presented and discussed at a community meeting.
- All new commercial developments must present a positive visual appearance when entering our community and make efforts to incorporate our culture and art.
- Commercial developments must not produce large amounts of noise, light or smell that would cause nuisance for the surrounding homes and community uses.
- Storage of any kind not related to the adjacent commercial enterprise (e.g. truck parking, trailer storage, etc.) is not allowed on lands identified for commercial use. All light industrial and storage will be located at the Hoyalas Business Park.
- Industrial land uses are not allowed on lands identified for commercial use.
- All new community buildings and structures in must be built with high quality materials and should visually appealing.
- Important cultural spaces – including a Big House – will be located by the ocean. We are going to acquire land and build near the water to reconnect our people with the ocean (see section 5.3).
- A new Cemetery will be established as shown on Map A-1
- The following criteria will be used to determine the exact boundaries of the Cemetery:
- Soil conditions
- Access to the site
- Proximity to the community (want it close but not too close)
- Avoid environmentally sensitive areas
- Size (ability to accommodate long term needs)
- A cemetery master plan with policies and procedures must be prepared before the cemetery is developed and used.
Undeveloped Natural Space:
- Low impact trails, interpretive signs and retaining walls are acceptable in these areas.
- Buildings will not be permitted to encroach into land that is designated for undeveloped natural space on Map A-1.
Important Note -> These lands are often needed for important storm drainage corridors and sometimes function as visual buffers and screens (e.g. from the road or neighbouring properties).
- The field at the western corner will not be developed further as this land is extremely wet and with unstable soil conditions.
- When houses at Teeta Road are relocated (see Map A-1) the land will be remediated back to undeveloped natural space. The land here is extremely wet and with unstable soil conditions.
Development Beautification Standards
Consideration towards landscaping development on-reserve it not common. Landscaping provides aesthetic beauty that increases community enjoyment and generates a sense of pride. It also allows an opportunity to create privacy and screening of unsightly premises (e.g. garbage and recycling bins, highways, commercial properties, etc.). The following policies apply to all Quatsino First Nation Reserves:
- New Development
All new development on-reserve, regardless of use, must include landscaping within the design and construction components of the project. Landscaping must be low maintenance, emphasize local plants, and be laid out in an aesthetically pleasing manner that screens unsightly premises.
Action Item -> Identify and pursue funding opportunities for the provision of landscaping on-reserve.
- Current Development
Quatsino First Nation will develop an on-reserve landscape design plan that projects a vibrant community. The landscape design plan will beautify the reserve, increase privacy, reduce unsightly premises (e.g. the log sort and waste station), and create a strong sense of place. Local and low maintenance plants will be prioritized.
Action Item -> Identify and pursue funding opportunities for the provision of landscaping on-reserve.
Appendix B: Grass Point (Development Plan)
To provide opportunities for members to build cabins and live here
To develop a cultural and ecotourism-based resort with the following features:
Guided tourist activities (fishing, hiking, hunting, kayaking, sailing, whale watching)
Small restaurant, café and/or gift shop
Traditional buildings (Big House, Smoke House, etc.)
Land Use Policies
- All new cabin development must be consistent with the land use pattern shown on Map B-1.
- All new cabins must be approved by Council through a ‘Band Council Resolution’.
- Members that want to build a cabin must submit a development plan to Quatsino First Nation that includes:
- a proposed location;
- road access points; and,
- a description of the proposed sewage disposal system.
- New cabins should be set back from the shore to account for potential sea level rise or use construction techniques to accommodate this.
Important Note -> In B.C. recent technical guidelines published by the Provincial government projected a sea level rise (SLR) of half a metre by the year 2050, one metre by 2100 and two metres by 2200. 
- Community road access will be maintained.
- All costs associated with upkeep, maintenance and waste removal is the responsibility of the member that owns the cabin – not Quatsino First Nation
Members may rent their cabins out provided basic health and safety practices are met.
- A detailed site master plan and feasibility study will be prepared before proceeding with this initiative. It must include the following:
- Market analysis;
- Assessment of potential archeological impacts;
- Assessment of geotechnical considerations;
- Site servicing options;
- A conceptual site plan; and
- ‘Class D’ cost estimates
- A resort development will only be approved after a site master plan has been presented and at a community meeting for approval
Important Note -> this land use plan will be updated to be consistent with the site master plan once it is complete and has been presented to the community for approval.
- The resort must present a positive visual appearance and celebrate our culture and art.
- The resort must not interfere with the enjoyment of member cabins.
Appendix C: Quattishe (Development Plan)
To protect and celebrate our history at Quattishe.
To provide opportunities for members to build cabins and move back here seasonally
To protect and improve burial areas.
To accommodate day use (i.e. for members visiting and cultural tourism)
Land Use Policies
Old Village Site:
- Members are permitted to build cabins in the old village site (see Map C-1).
- All new cabins must be approved by Council through a ‘Band Council Resolution’.
- Members that want to build a cabin must submit a development plan to Quatsino First Nation that shows the proposed location of their proposed cabin and a description of the proposed sewage disposal system.
- The siting of new cabins will respect the traditional village site prior to relocation through historic family ownership structures
- All costs associated with upkeep, maintenance and waste removal will be the responsibility of the member that owns the cabin – not Quatsino First Nation
- A day park with low impact trails, interpretive signs, benches and picnic tables will be established in the historic village site near the dock.
Community Use Areas:
- The following areas will be preserved for community use (see Map C-1):
- the dock;
- the old church site;
- the old school site.
- In the future, replicas of the old church and school may be erected at their former locations.
- Development (of any kind) is not permitted in areas that are identified as historic burial areas on Map C-1.
Important Note -> The two islands located next to the old village site are where our people were buried prior to contact. This often included “tree burials” where the deceased were placed in wooden boxes in the branches of trees. 
- Quatsino First Nation will develop a Quattishe Cemetery Plan for the current burial area identified on Map C-1. This plan will:
- confirm boundaries
- identify and label historic burial plots;
- identify location for future burials;
- present proposed improvements (fencing, markers, signage… etc.);
- include Class D cost estimates; and
- establish policies and procedures.
Important Note -> the Quattishe Cemetery Plan will we added to this land use plan as an appendix once it is complete.
- New buries must be approved by Quatsino First Nation and be consistent with the cemetery plan once it is complete.
 Robert Galois, Kwakwa̱ka̱’wakw Settlements: 1775-1920. Vancouver: UBC Press, 1994. p. 370
Undeveloped Natural Space:
- Areas that are to be left as undeveloped natural space are shown on Map C-1
- Commercial resource extraction (logging, quarrying… etc.) will not be permitted in areas identified as undeveloped natural space on Map C-1.
- Members can harvest cedar for cultural purposes provided it is done in a way that is consistent with out Cedar Strategy and approval is first obtained from Quatsino First Nation.
- Low impact trails, interpretive signs and rustic campsites are acceptable in the areas.
- Low impact trails, interpretive signs and rustic campsites must be approved by Council through a ‘Band Council Resolution’.
- Community garden’s and small scale and passive forms of agriculture (cultivation of crops) will be permitted in area identified as undeveloped natural space (see Map C-1).
Important Note -> in the past, our ancestors cultivated land around the old village site. Records from early European visitors identify the field covering as much as 5 acres. There is interest in re-establishing these community gardens. Quatsino First Nation intends on conducting a study to identify the location of those historic fields.
 Robert Galois, Kwakwa̱ka̱’wakw Settlements: 1775-1920. Vancouver: UBC Press, 1994. p. 370
Appendix D – Sustainable Cultural Wood Strategy 2020
Quatsino First Nation Cultural Wood Stewardship Strategy
The Quatsino First Nation is in the process of completing a Land Use Plan for their Traditional Territories. Through this process, the community wishes to have a thorough understanding of the traditional features and resources found within their Traditional Territories. The retention of Old Forest and Cedar in particular have been identified as priorities and of significant importance to the community. The building of this knowledge base is important to develop a better understanding of resource availability and aid planners in ensuring the sustainable use of resources over the long‐term.
This strategy focuses on identifying the cedar resources within the Traditional Territories of the Quatsino First Nation but is a living document and will adapt over time to include strategies for preserving other cultural resources for future use. As more old forests are harvested within the Traditional Territories, it is important that the Quatsino community have an understanding and assurance of the long‐term supply of cultural resources available to them.
The management of these resources will be through a central database that includes an inventory of vegetation resources (tree species, composition, heights and age, understory vegetation, non‐forest areas) and land features. Information that is gathered through community meetings, communication with Elders, reconnaissance work, forest tenures holders, other tenure holders and other work, will be included in this database to ensure that the knowledge base grows and can be as accurate as possible for the identification of cultural resources.
The protection of resources for the purposes of cultural and traditional use for future generations is of utmost importance to the Quatsino people. We hope this initiative will be a stepping stone to work towards a cooperative, collaborative approach with others living, working and using the Traditional Territories to ensure a continuous supply of cultural and traditional resources and areas that are deemed important is available to sustain the culture of the Quatsino people.
As a first step, this draft strategy attempts to document some of the wood supply necessary for cultural and traditional use by the Quatsino for the next 300 years, at a minimum. More specific information is found in the following sections and will include, but not be limited to, cultural wood used for bark stripping, community use and residential construction, carving wood, carpentry wood, retention for wildlife resources, canoe logs and poles that are free standing. These resource use areas will be set aside as Cultural Stewardship Areas which are to be identified through community input, Geographic Information Systems (G.I.S.) work and field surveying.
2. History and Background
The Quatsino people have a long history on the northern part of Vancouver Island and are the original descendants of five (5) traditional are Kwakwa̱ ka̱ ’wakw tribes who joined together during the 1700s. The five original tribes were:
- Klaskino (T’latsinuxw)
- Hoyalas (Huyalas)
- Koskimo (Gusgimukw)
- Giopino (Gob’inuxw)
- Quatsino (Qwat’sinuxw)
From the Land Use Plan, some of the Quatsino people’s basic land use principles include maintaining healthy ecosystems, considering cumulative effects and climate change, addressing reconciliation, ensuring meaningful consultation and benefits to the community from work within the Traditional Territories, protecting culturally significant lands and resources and protecting and preserving old and mature forests. Quatsino must provide consent for any new land tenures issued within their Territories.
The protection and preservation of mature forests (LUP, 2018) is recognized as a significant part of maintaining healthy ecosystems and is a critically important cultural resource for the Quatsino people. Harvesting within the territories has been conducted without Quatsino’s consent and mature/old stands with sufficient quality and quantity of wood for traditional use are becoming rarer and harder to find. Future harvesting of old and mature forests within the Traditional Territories must be consistent with this Cultural Wood Stewardship Strategy.
Approximately 8,500 hectares of forest were commercially harvested from the Quatsino Traditional Lands over a recent five‐year period. The rate of harvest is viewed as significantly detrimental to the potential for Quatsino’s essential current and future traditional and cultural use of the resources.
3. Plan Area
The Quatsino Traditional Lands are located in the northwestern portions of Vancouver Island, roughly encompassing the areas in and around Quatsino Inlet to the west of Port Hardy and Port McNeill, south to Brooks Peninsula and north to the areas of Cape Scott. The Traditional Lands are roughly shown on the image below to the west and north of the purple outline and encompass approximately 333,931 hectares including parks, conservancies, roads, fee simple private land, forest tenures and energy and mining tenures.
4. Objectives Of The Cultural Wood Stewardship Strategy
The benefits of having a Cultural Wood Stewardship Strategy for the community of Quatsino is to ensure that, over the long term, there is a sustainable supply of cultural wood and other traditional resources on their lands to sustain their culture and community.
The objectives developed through the drafting of this strategy will create a path for maintaining a sustainable supply of cultural resource through the following strategies:
a) Determine a reasonable estimate of accessible cultural cedar resource needs through community land use planning for a minimum of 300 years. As a second stage, once a thorough inventory has been completed, the community can plan out to 400 years.
b) Determine the desired species, ages, uses of, areas of access and size of trees through community land use planning.
c) Develop a process for sharing this information with other stakeholders within the Territories and with government agencies. How will they be part of the process and who is responsible for information-sharing and ensuring supply (is it Quatsino, MFLNRO, both?)
d) Identify, through G.I.S. and mapping, those Cultural Wood Stewardship Areas to be set aside for the management of cultural resources and where other traditional uses are found for community members to use. Ensure that these areas contain a variety of age classes, productivity levels, species mix and a diverse mix of understory vegetation necessary for traditional use.
e) Continue communication with Elders and others in the community to ensure that their needs will be met over the long term. This living document will be updated and further steps will be implemented to ensure information is as accurate and representative as possible.
5. Quatsino First Nattion Resource Requirements
Regular community meetings with Elders and other community members will be held to understand past uses of cedar and to attempt to identify what future supply needs will be moving forward. This section provides specific information on the types of resources, where the resources may be found and the expected resource needs into the future.
Resource Uses include, but are not limited to, the following:
- Cultural/ceremonial poles for school and other buildings in the community
- Big house and Chief’s Big House construction using cedar and monumental spruce
- Community buildings such as the school, band office, daycare, community hall, etc
- Other carpentry and finishing work
- Carving wood and carving sheds
- Large planks for canoes and other larger carvings
- Old forest for gathering of medicinal plants
- Bark stripping areas which are typically second growth red or yellow cedar
- Culturally significant and spiritual places where accessibility is key for use
- Other species for other traditional use purposes (e.g. spruce, yew, etc)
The list above may be further refined through further community meetings, additional learnings and discussion with Elders and community members.
 Note that during the process to identify future needs a range of quality, age and size of cedar trees is to be included as well as area of retention, volume of wood and number of individual trees required.
6. Cedar Supply Analysis
Summary of Cultural Wood Supply analysis for Quatsino Traditional Territory
The Table above has been created using numbers estimated from the Nanwakolas Council analysis of estimated monumental cedar needs and volumes required for cultural use. This is presented and intended as a baseline for analysis and discussion purposes only. This table will be updated once input from community members can ascertain a more defined list.
 Analysis done several years ago by BCTS on a sample of cedar sales indicated that D grade red cedar content was slightly higher than 2% of volume
7. Procedures for the Inventory and Management of Cultural Resources
7.1 Description of Traditional Lands
A first inventory classification of the Quatsino First Nation Traditional Territories has been completed using a combination of Vegetation Resources Inventory and Forest Cover vegetation data obtained from Western Forest Products. The purpose of running the inventory was to identify the current state of the forest lands in regards to tree species, approximate age, height and productivity of stands. This allows for a current picture of the state of affairs of the forest land base within the Quatsino Traditional Territories and to be able to identify remaining old forest, old cedar forest, stands with other leading species, mature, mid‐seral and younger stands to be identified for future use. The data will be used as a basis for preliminary identification of Cultural Stewardship Areas for the protection of the cedar resource and for other cultural use.
The description of Traditional Territories has been summarized as a separate project but included within the information resources used to develop the Cultural Wood Stewardship Strategy. As a basic summary, the following makes up the forest tenures held and ownership of lands within the Quatsino Territories.
*AAC MEANS THE ALLOWABLE ANNUAL CUT ATTRIBUTED TO THE COMPANY LISTED WITHIN THE TOTAL RESOURCE DISTRICT TSA (TIMBER SUPPLY AREA) OR TFL (TREE FARM LICENCE).
There is a series of maps that have been developed through G.I.S. modeling to inventory the current amount of cedar resources available within the Quatsino Traditional Lands. These maps also will show identified cultural resources and areas of cultural protection (Culturally Modified Trees, Reserve Lands, burial/cemetery sites, spiritual places, etc). Also included within the dataset are areas that are protected from commercial harvesting currently, including old‐growth management areas, ungulate winter ranges, wildlife habitat areas, riparian reserves, parks & conservancies, recreation areas (designated), and wildlife tree retention areas, etc.
Communication with Elders and other community members will continue as the next steps move towards the identification of important traditional use areas, gathering areas and spiritual places and where community members view having identified Cultural Stewardship Areas set aside for the management of future cultural resources.
8. Commitments that fall on Others within the Traditional Lands
An important part of this Strategy is to determine the legal commitments of others working on the Traditional Territories and how these affect the Quatsino First Nation community. For example, forest tenure holders are obliged to harvest a sustainable Allowable Annual Cut and also meet the commitments outlined in their own Forest Stewardship Plans. How are these commitments going to affect the Nation’s ability to meet its own Sustainable Cultural Wood Strategy? These commitments will form a basis for discussion to determine if there are opportunities to communicate and collaborate with others to enhance the Quatsino First Nation’s ability to meet their own commitments.
These discussions will also form the basis of negotiation and commitments from those stakeholders to provide assurance that they will work with the Quatsino First Nation to meet the objectives within this Strategy. For instance, Forest Tenure holders can include a commitment to meeting this Strategy in their day to day operating plans, or within their Forest Stewardship Plans, once the Cultural Stewardship Areas become established.
The Province will need to cooperate during the process of setting aside Cultural Stewardship Areas for the management of cultural resources specifically. The Quatsino people view this as imperative to assuring the community that cultural resources will be available for future use for a minimum of 300 years, looking to 400 years as a successful outcome.
9. Cultural Stewardship Areas
A Cultural Stewardship Area is an area set aside for the purposes of managing for cultural resource use for the future by the Quatsino First Nation. The areas will be identified as part of the next stage resulting from the implementation of this Strategy and will include areas that contain, as an example, cedar leading stands of a minimum size and quality to meet the community needs for monumental cedar. Other resources will be included in Stewardship Areas to include the types of stands necessary to recruit future cedar for carving, poles, construction and other uses for the areas such as road right‐of-way allowance, harvesting of individual trees, traditional plant gathering, etc.
Once Cultural Stewardship Areas are identified and field‐truthed, then discussions with the Province and overlapping users will occur to ensure that these areas will be protected for the purpose of cultural use and other interests will be secondary and allowed only with the consent of the Quatsino people.
10. Implementation of Sustainable Cultural Wood Strategy
The purpose of this Cultural Wood Stewardship Strategy is to set forth the wishes of the Quatsino people to protect and preserve old and mature forests so that there are always old and mature forests available for use in perpetuity. This Strategy is stage two of a multi‐stage process to:
1. Create an inventory of the Traditional Territories,
2. Develop a Sustainable Cultural Wood Strategy, then
3. Draft Cultural Stewardship Areas
4. Engage with the community, the Province and other stakeholders to establish Cultural Stewardship Areas for the purpose of long‐term stewardship and management of cultural resources.
The implementation will include plans for monitoring and effectiveness both within the community and between stakeholders working within the Traditional Territories; that this Strategy is being respected and implemented at all levels, including government.
11. Next Steps
The Strategy, in order to be successful, must include a field component where community members are able to take the inventory data and spend time in the field verifying that the information produced through modeling is representative. The information necessary to identify Cultural Cedar and also to identify stands of trees that can be set aside as Cultural Stewardship Areas for future use will be developed through community planning sessions and field tours with qualified persons from the community. Elders and Community Members will need to be included in these discussions and also specific Carvers so they can identify the size and quality requirements for what are necessary for Cultural Use.
Additional resources include engaging with Forest Tenure holders to utilize their own knowledge and resources to assist with the identification of specific areas and trees for future use.
A database of information is in progress and will continue to be built upon to include all areas and individual trees identified through these processes. The database will be georeferenced and used for the purposes of tracking and future reference by community members and others as deemed necessary.
Maps of the Quatsino Traditional Lands, including maps showing stands that have Cedar at a level of >/=50% in varying seral (age) classes, maps showing Old Forest, Cedarleading forest types and all identified protected or reserved areas on the landbase.
Appendix E: Consultation and Accommodation Policy
Whereas this policy does not exclude the crowns duty to consult. It is the duty of the Crown to consult with first nations and to procure from the First Nation free prior and informed consent;
Whereas Quatsino First Nation possesses Aboriginal and Treaty Rights over lands and resources within our traditional territory;
Whereas Quatsino First Nation has asserted these rights against the Crown, which has not yet been settled or otherwise determined;
Whereas section 35 of the Constitution Act, 1982 recognizes and affirms the existing Aboriginal and Treaty rights of the Aboriginal peoples of Canada;
Whereas the Supreme Court of Canada, in the Haida, Taku River, Mikisew and Tsilhqot’in cases, established that Aboriginal peoples asserting Aboriginal and Treaty rights must be consulted and accommodated prior to occurrence of any decisions, conduct or activities that may have impact on the rights and interests of Aboriginal peoples;
Whereas Quatsino First Nation is ready, willing and able to engage in consultations, and if appropriate, to be accommodated with respect to any and all decisions, conduct and activities that have the potential to have an adverse effect on Aboriginal and Treaty Rights respecting lands and resources within the Quatsino First Nation traditional territory;
Whereas the Crown and private sector parties seeking to carry on activities within the Quatsino First Nation traditional territory should only do so in accordance with this Policy and with the free, prior and informed consent of the Quatsino First Nation:
Name and Adoption of this Policy
1. This Policy shall be known as the Quatsino First Nation Consultation and Accommodation Policy.
2. This Policy was adopted by the Quatsino First Nation Chief and Council and is in force and effect immediately.
Aboriginal and Treaty Rights
3. For the purposes of this Policy, the term “Aboriginal and Treaty Rights” is used generically in a manner consistent with the use of that term in section 35 of the Constitution Act, 1982.
4. Nothing in this Policy or any actions, activities, decisions or authorizations there under shall derogate from the Aboriginal and Treaty rights of Quatsino First Nation; and this Policy and all said actions, activities, decisions or authorizations are without prejudice to any claim or claims asserted by Quatsino First Nation to Aboriginal and Treaty rights.
5. Nothing in this Policy, including Quatsino First Nation engaging in consultations and accommodations with any municipality or private sector proponent, absolves the Crown of any obligation to consult with Quatsino First Nation and to accommodate the rights and interests of Quatsino First Nation, in accordance with the Constitution Act, 1982.
Application and Definitions
6. This Policy applies to the territory over which Quatsino First Nation asserts Aboriginal and Treaty rights, known as the Quatsino traditional territory and identified in Schedule A.
7. This Policy applies to all “impacts”, which includes any and all actions, undertakings, activities, conduct, decisions or projects, existing or proposed, which have the potential to adversely affect the rights and interests of Quatsino First Nation. Unless otherwise expressly provided, any impacts that have not been reviewed and processed under this Policy shall be deemed to not have been the subject of meaningful consultations with Quatsino First Nation.
8. Without limiting the generality of the foregoing, this Policy applies to:
a) Any consultations between Quatsino First Nation and the “Crown”, which includes the Crown in right of British Columbia or the Crown in right of Canada, and their respective Ministries, agencies, or Crown corporations;
b) Any consultations being undertaken or proposed with any municipalities within the Quatsino traditional territory; and
c) Any proposed development activities on the Quatsino traditional territory.
9. This Policy also applies to private sector parties undertaking or who propose to undertake exploration or development activities within the Quatsino traditional territory who wish to enter directly into consultations with Quatsino First Nation.
10. For greater certainty, the term “proponent” includes both the Crown as well as municipal and private sector parties.
11. Notwithstanding any previous decisions or practices of Quatsino First Nation or any decisions, authorizations or discussions by any other body purportedly on behalf of Quatsino First Nation, whether express or implied, the point of engagement for any consultations and accommodations with Quatsino First Nation is the Chief and Council. Unless otherwise expressly provided pursuant to this Policy, only the Chief and Council has the authority to participate in any consultations and accommodations on behalf of Quatsino First Nation or to authorize or approve any impacts on behalf of Quatsino First Nation.
11.1 This Policy is pursuant generally to sections: 5.1.3, 5.1.5, 5.2.5 and specifically section 5.5 of the Quatsino First Nation Comprehensive Community Plan, March 2013.
Guiding Principles for Meaningful Consultation
12. Reconciliation – The principle of reconciliation shall govern and guide any and all consultations and accommodations undertaken pursuant to this Policy.
13. Honour of the Crown – The Crown, in all its dealings with Quatsino First Nation, must uphold the honour of the Crown, and undertake consultations honestly, transparently and in good faith.
14. Good Faith – Quatsino First Nation and all proponents engaging in consultations shall do so in good faith.
15. Environmental Protection and Sustainable Development – A paramount consideration with respect to any impact is the extent to which it will harm the environment and the sustainability of the development.
16. Accommodation – In fulfilling its obligation to consult under the policy, the Crown shall inform, listen‐to and faithfully reflect and accommodate the concerns and views of Quatsino First Nation with respect to any impact within the Quatsino traditional territory.
17. Sharing in Impact Benefits – It shall be an over‐riding principle that Quatsino First Nation is entitled to share in the benefits from any impacts within the Quatsino traditional territory.
18. The requirement to consult under this Policy is triggered by an “impact” by any proponent, which includes any action, undertaking, activity, conduct, decision or Lands and Natural Resources Page 4 of 11 Adopted July 2014, Version 1.0
project, existing or proposed, which has the potential to adversely affect the rights and interests of Quatsino First Nation
19. More specifically, and without limiting the generality of the foregoing, the following Crown impacts within the Quatsino traditional territory shall trigger consultations under this Policy:
a) Crown sponsored or approved mapping or exploration activities;
b) Permitting or in any way authorizing resource exploration, extraction or development activities by third parties or the issuing of licences, permits or approvals;
c) Disposing of any lands or interests in lands and resources, including issuances of letters patent or grants of fee simple;
d) Disposing of any rights to lands, including any and all leases, licences, permits or approvals;
e) All forestry management and energy development activities;
f) The construction of any structures, roads, bridges or any infrastructure that has the potential for environmental impact, including impacts to the water, forests and wildlife;
g) Undertaking any proposed activity with the potential to disturb or alter known archaeological / historical resources or heritage sites or sites of spiritual or cultural significance to Quatsino First Nation; and
h) Undertaking any land use planning or management actions or decisions, including adjusting municipal boundaries.
20. Any impact by any municipality or private sector party will trigger consultations and it is incumbent on all proponents to notify Quatsino First Nation when it is aware or ought to be aware of any such impacts.
21. The following procedures are to be followed for all consultations except where, by prior agreement between Quatsino First Nation and the lead proponent, the procedures may be modified to address specific circumstances.
Given Notice of Consultation
22. The proponent shall communicate its intention to consult by issuing a written Notice of Consultation to the Chief of Quatsino First Nation in a timely manner and in clear, concise and understandable language.
23. The Notice of Consultation shall be provided at an early stage of planning, prior to undertaking any activity which affects the rights or interests of Quatsino First Nation in the Quatsino traditional territory.
24. The Notice of Consultation will contain relevant information and material facts in sufficient form and detail to assist Quatsino First Nation to understand the matter in order to prepare a meaningful response. The Notice of Consultation should contiin, but not be limited to, the following:
a) The Notice of Consultation will contain relevant information and material facts in sufficient form and detail to assist Quatsino First Nation to understand the matter in order to prepare a meaningful response. The Notice of Consultation should contain, but not be limited to, the following:
b) The timing of the proposed activity;
c) The location of the proposed activity;
d) How the proposed activity may affect the Quatsino First Nation and its traditional territory;
e) Who will be undertaking the activity;
f) A description of the consultation process, including intended activities, timelines, expectations and limitations, if any;
g) What documents, including applications, studies, assessments, policies are available to be reviewed which are pertinent to the proposed activity;
h) What collateral or related processes or approvals are currently underway that affect the activity;
i) Documentation of any deadlines or filing dates relating to the activity or the process; and
j) Any pertinent names, addresses and phone numbers for contacting the relevant decision makers and those assisting the project.
25. The geographic area of interest and proposed activities shall be mapped and submitted with the Notice of Consultation. If the map is provided in a digital format, it shall be compatible with software used by the Quatsino administration.
26. As soon as practicable, Quatsino First Nation will confirm receipt of the Notice of Consultation and will provide contact information for the appropriate Quatsino First Nation representative to whom the proponent shall henceforth direct all communication.
27. If a proponent fails to provide a Notice of Consultation to Quatsino First Nation, the First Nation shall give the proponent a written notification of the failure and set a time within which the proponent shall comply with Sections 22 – 25 of this Policy.
Research, Review and Information Sharing
28. Quatsino First Nation may request a face‐to‐face meeting to discuss the Notice of Consultation with the proponent. Quatsino First Nation may wish to support a faceto‐face meeting with the proponent with the presence of legal counsel and/or technicians. The full cost incurred for Quatsino First Nation to prepare for and host a face‐to‐face meeting shall be borne by the proponent. A statement of these costs shall be made available to proponents at the onset of the process.
29. The proponent shall provide adequate information, both in advance and in response to questions by Quatsino First Nation or its counsel, to permit the First Nation to understand the process and the substance of the impact.
30. The proponent shall provide information in a language and form which is comprehensible to Quatsino First Nation, including all necessary technical supporting documents. The proponent will provide assistance to Quatsino First Nation, where necessary or requested, in understanding such technical supporting documents.
31. The proponent shall engage in meaningful dialogue with Quatsino First Nation with a view to understanding the First Nation’s rights and interests and the importance and significance of those rights and interests.
32. Should Quatsino First Nation require additional information to assess the benefits and risks of the impact, the First Nation may conduct new research to fill information gaps, undertake field visits, and obtain legal and technical reviews. The full cost of obtaining such additional information shall be borne by the proponent.
Assessment by Quatsino First Nation
33. Quatsino First Nation shall be provided with a reasonable period of time to consider the matter under consultation and the issues raised, having regard to:
a) The nature and complexity of the matter to be decided;
b) Quatsino First Nation’s need to fully, properly and meaningfully consult and engage with its members;
c) Quatsino First Nation’s need to undertake research or other specialized studies or assessments; Lands and Natural Resources Page 7 of 11 Adopted July 2014, Version 1.0
d) Quatsino First Nation’s need to obtain specialized, expert, professional or technical advice; and
e) Deliberations by Chief and Council following community consultations and engagement.
34. Based on the Notice of Consultation, any face‐to‐face meetings and any other relevant considerations, Quatsino First Nation shall make a determination as to whether to assign the proposal to a regular consultation framework or to a special consultation framework. Quatsino First Nation shall communicate that determination in writing to the proponent in an initial letter of response.
Regular Consultation Framework
35. A regular consultation framework is a fast‐track approach to consultations for routine applications and for applications where the potential for impacts and damages are determined by Quatsino First Nation in its sole discretion to be not significant.
36. The regular consultation framework is described in more detail in Schedule B and will be detailed in Quatsino First Nation’s initial letter of response to the proponent.
Special Consultation Framework
37. A special consultation framework is a custom designed process suited for complex applications and where there are potentials for significant impacts from the proposed activities. The special consultation framework shall apply to the following activities, including but not limited to: forest management plans, mining development applications, hydroelectric proposals, and government land use planning processes.
38. The special consultation framework shall require the parties to enter into a Consultation Protocol, which shall be negotiated and mutually agreed upon by the parties and which shall set out in detail the consultation process to be undertaken with respect to the matters under review.
39. The special consultation framework may require the development of a Joint Consultation Committee, composed of representatives from Quatsino First Nation and the proponent. If required, the Joint Consultation Committee shall meet on a regular basis to make recommendations about the means to accommodate Quatsino First Nation’s interests, including but not limited to the negotiation of an Impact Benefit Agreement and / or a Co‐Management Agreement. Lands and Natural Resources Page 8 of 11 Adopted July 2014, Version 1.0
40. Quatsino First Nation retains the rights to re‐assign a proposal from a regular consultation framework to a special consultation framework, through a written notice to the proponent.
41. The full cost of entering into meaningful consultation with Quatsino First Nation under this Policy shall be borne by the proponent, including but not limited through the provision of technical and financial resources to Quatsino First Nation.
42. Raw Quatsino First Nation cultural data is the sole property of the First Nation. Any proponent requiring review of Quatsino First Nation cultural data shall be required to enter into a confidentiality agreement prior to reviewing the same.
43. All information collected by Quatsino First Nation shall be shared with the proponent, subject to entering into a confidentiality agreement and to solicitor client privilege.
46. Any dispute between the parties shall be resolved as follows:
a) The matter shall be put to the Chief of Quatsino First Nation and the senior representative of the proponent for a negotiated resolution. Lands and Natural Resources Page 9 of 11 Adopted July 2014, Version 1.0
b) If the Chief and a senior representative of the proponent are unable to reach a negotiated resolution within 30 days, the matter shall be put to mediation. The mediator shall be an individual jointly agreed upon by both parties. The mediator shall attempt to reach a mediated resolution within 60 days of the matter being submitted to him or her.
c) If the parties are unable to agree to a mediator or if they are unable to reach a resolution as a result of mediation, then, the matter shall proceed to arbitration. The arbitration body shall be composed of one person if the parties are able to agree with one person; if not, then, each party shall name one arbitrator and the two shall name a third. The arbitrators shall make a decision on the dispute within 90 days of the matter being submitted to them.
47. The proponent shall bear all the costs of dispute resolution.
Power to Make Regulations
48. Quatsino First Nation’s Chief and Council may make regulations for carrying out and giving effect to the purpose and provisions of this Policy
49. This Policy only applies to proponents who have not already entered into any agreements with Quatsino First Nation relating to consultations and impacts on Quatsino traditional territory.
50. Proponents who have already entered into such agreements with Quatsino First Nation, including but not limited to a Memorandum of Agreement and/or a Consultation Protocol, are exempt from the application of this Policy with respect to the terms and conditions prescribed by the said agreement.
Quatsino Traditional Territory
Appendix F – Quatsino First Nations’s Cultural Heritage Policy 2019
1.0 Cultural Heritage Management and Stewardship Philosophy
All cultural heritage is integral to the maintenance and transmission of Quatsino culture. All archaeological sites, cultural heritage, and cultural materials are tangible expressions of Quatsino’s history, culture, longevity, and reinforce Quatsino’s aboriginal rights and title. Because of the significance of this cultural heritage, we aspire to protect as much as possible. Where absolute protection is unavoidable, we offer specific recommendations for acceptable impacts on a case to case basis. When mitigation occurs, we strive to ensure that best practices are followed, enabling us to replace impacted cultural deposits with robust data.
2.0 Mission Statement and Cultural Heritage Policy Intent
The five tribes, of the Quatsino First Nation, has been bestowed the responsibility to honor our sacred trust eh-ah-wheat-nah-gwees (all our lands). Quatsino First Nation’s will protect Quatsino’s cultural heritage resources. Under this broad mandate, all Quatsino’s Departments and employees have the following specific objectives regarding Quatsino culture, cultural heritage, and the enshrinement of this Policy:
- Guide all research and development occurring within Quatsino Nation’s territory to ensure it is done respectfully and in a way that honors our people—past, present, and future
- Promote the use of high standards of cultural heritage resource management to ensure the protection, conservation, integrity, and understanding of all aspects of Quatsino cultural heritage resources
- Maintain healthy relations between the contemporary Quatsino community and Quatsino Ceremonial connection to activities.
- Advance Quatsino cultural revival and support ongoing cultural practices
- Advance knowledge and understanding of Quatsino culture and heritage
- Cooperate with other Government industry and NGO in the protection, management, and utilization of Quatsino cultural heritage and traditional knowledge in planning processes
- Promote public awareness, appreciation, and understanding of Quatsino culture and heritage
- Assert intellectual property and control over the Quatsino cultural heritage
- Exercise Quatsino’s rights through the implementation of this policy and the procedures stemming from it.
3.0 Policy Statements
1) Quatsino declares that this Cultural Heritage Policy is to be based upon the following fundamental principles:
- Quatsino is the inheritance and stewards of cultural heritage resources within their traditional territory
- That Quatsino has an inherent right and responsibility to honor
- Maintain and preserve a distinct cultural identity and way of life for both present and future generations
2) Quatsino asserts aboriginal rights over its Consultation Area, both on and off currently registered Indian Act Reserve lands. (Refer to Figure 1).
3) Quatsino asserts that its cultural heritage is part and parcel of its aboriginal rights and title.
4) QFN asserts the right to determine what constitutes a heritage site.
5) Where cultural materials and resources have been removed from Quatsino’s Consultation Area without the explicit consent of the QFN, steps will be taken to repatriate these materials.
6) Quatsino consent will be required where any heritage sites and/or heritage resources might be impacted by a proposed heritage permit fees/land alteration and/or by a research project.
7) All federal and provincial bodies, external agencies, agents, and researchers are expected to follow QFN conditions and rations for approvals, rationales regulations and customary laws come from the community. Traditional or customary or both when working with QFN cultural heritage resources. If you are unsure of these, please contact the Lands Department for clarification.
8) Quatsino must have a meaningful say in all matters relating to the preservation and protection of Quatsino culture, cultural heritage resources, and spiritual traditions. This includes full and meaningful consultation with all levels of government, researchers, developers, and other agencies and/or special interest groups who may wish to carry out activities within Quatsino’s traditional territory. This is our referral process that is in place.
9) Insofar as this policy may conflict with provincial or federal laws or policies or with the jurisdictional claims of other First Nations, the Quatsino asserts the precedence of its policy and shall take all possible steps to require other governments to acknowledge and comply with Quatsino’s Cultural Heritage Policy.
10) Quatsino will endeavor to cooperate with the Province of British Columbia to enforce the Quatsino Cultural Heritage Policy as well as the Heritage Conservation Act throughout Quatsino’s Consultation Area.
4.0 Cultural Heritage Resources
Cultural heritage resources can be divided into six major classes and encompass both tangible and intangible aspects of Quatsino history and culture (expanded descriptions of these heritage classes are provided in Sections). Briefly, these are:
1) Archaeological Heritage refers to the material traces of Quatsino land-use activities. This includes all pre-contact, proto-historic, and historic sites, as well as the artifacts, features, and landforms associated with them.
2) Culturally/Historically significant places are places on the land that connect with important cultural practices or historic events. These places may or may not have
3) Traditional Use Areas are important activity areas that may or may not have associated material remains, trap lines, hunting areas, gathering areas, etc.associated material remains.
4) Traditionally Named Places are Quatsino names connected with significant places, and often connect with ancient narratives.
5) Spiritually significant places are landscape features or geographic areas that are embedded with power, meaning, and history—all of which help to ground Quatsino people and connect us with our land and cultural teachings.
6) Ancestral Cemeteries (dah-gay-jus) are sacred places where Quatsino ancestors reside.
7) Cultural materials, expressions, and documents refer to both tangible and intangible geographic location, spiritual power sites that mark territory transformer site components of Quatsino heritage.
Quatsino seeks to maintain the integrity of all these classes of sites, and as a general rule, will always look at strategies to avoid impacting them. The protection and management of these sites are important for the ongoing cultural transmission between generations of Quatsino People. However, we recognize that total avoidance is not always an option—to this end we have developed a preferred strategy for management and mitigation. Academic research is maybe an exception to our general policy of no impact to sites because it typically assists us with the cultural transmission of knowledge from and about our ancestors. Deep consultation and engagement are expected of all Academic research on Quatsino cultural heritage.
4.1 More Detailed Definitions
The following table provides an overview of known activities that Quatsino people engaged in and a description of how these activities may be reflected archaeologically. This table is not exhaustive, and it should be noted that any division between these types of sites is artificial, as most sites are composed of some combination of these cultural features and fall within the other broad categories defined above. The purpose of this table is to familiarize researchers with the nature and breadth of cultural heritage resources and to contextualize them within Quatsino socio-cultural practices. Special emphasis is placed on describing the importance and proper management of shell midden cemeteries in remains and practices in a shell midden.
Table 1.0. List of Quatsino traditional activities and their archaeological correlate.
|Traditional Activity||Archaeological Correlate|
pit house(s), plank house(s), mat lodge, menstrual lodge, rock shelter, cave, house platform, house floor.
|Camps||Fire Cracked Rock (FCR), lithic scatter shell projectile points, scraping tools, wood, and bone tools.|
• modern cemetery (ca. 1880’s – present)
• smallpox mass burials (ca 1782-1880’s)
• tree burials (ca. 800-200 B.P.)
• burial mounds/cairns (ca. 1,500-800 B.P.)
midden burials (ca. 6,000-200 B.P)
• Other: grave house, ledge, platform, rock shelter, scattered remains, stone ring, talus slope
|Skeletal remains, stone cairns, earthen mounds, grave house, burial box, grave goods|
|Spiritual Activities||Spirit poles, regalia, masks, rattles, prayer flags, blankets, tobacco, beads, stone bowls, ochre, pictographs, petroglyphs|
|Fishing and Seafood Harvesting/Cultivation
• set net
• torch-light fishing
• fish weirs
• clam gardens
• clamming station
|Stone, bone and wood points, hooks, spears, net weights, wooden stakes, netting, pebble weirs, wood weirs, canoes, nets, raised clam beds, shell midden|
|Fish processing||Ground slate knives, drying rack smokehouse, smoking rack, fish trap|
|Hunting and processing||Projectile points, lithic scatters, scrapers, knives, sling-stones, trap, drive, fence, hunting blind, nets|
• cedar products
• ritual use plants
• medicinal plants
• edible plants
• berry picking
• edible tubers
|Culturally Modified Trees (CMT’s):
• aboriginally logged
• test holes
• arbor glyph
hand mauls, wedges, knives, baskets, canoes, ceremonial offerings, prescribed burning, maintained gardens, managed environments (i.e., Wetlands, intertidal zones)
|Food preparation||Stone, bone and wood implements, mortars and pestles, knives, hammerstones, hearth, earth ovens, roasting pit, steaming pit|
|Intercommunity trading||Trade goods, exotic materials, non-local species|
|Lithic quarrying||Location of good lithic material, testing cores, primary flakes|
|Tool manufacturing||Lithic scatters|
|Conflict/warfare||Projectiles, spear points sling-stones, clubs, defensive structures (trench embankments, palisades, and fighting houses)|
|Lookouts||FCR, lithic scatters|
|Travel||Trails, canoes, canoe skids, pictographs|
|Food storage||Cultural depressions,
Houses, cellars, raised cache
|Wealth storage||Cache pits|
Note: Quatsino considers all culturally modified trees (CMT’s) located within its traditional territory as significant, regardless of age. The general policy of the Quatsino is that every CMT will be preserved unless adverse impacts are unavoidable.
5.0 Culturally/Historically Significant Places
Areas of cultural and historical significance are places on the landscape that are of profound importance to Quatsino culture. Examples include:
- Transformer sites and Cultural places: geographical features and areas associated with the First ancestors, mythic beings and transformers
- Spirited spots: localities associated with spirits (ancestral and otherwise)
- Legendary and historical sites: geographical localities integral to events and personages in Quatsino legends and history such as ancestral village sites, burial places, locations of battles, flood stories, and places connected with the Sisiyutl, Thunderbird, and other supernatural creatures, etc.
5.1 Traditional Use Areas
Traditional Use Areas are those places that the Quatsino have been using for generation upon generation and have established rights of ownership or well-established rights of access. Over time, Quatsino people developed a deep understanding of these places and a symbiotic relationship that balanced the needs of our people and the health of the resource. While no longer in balance because of industrial, commercial, and residential encroachment, our connections to these places persist to this day and influence all our land-use decisions. We maintain our rights to continue utilizing, managing, and rebuilding these areas as we have the most to lose from the destruction and contamination of these places.
5.2 Traditionally Named Places
Our traditional names demonstrate our unique and ancient link to places throughout our land. They also reinforce our stories, legends, genealogies, and traditional knowledge. Our traditional names are linguistically distinct from those of other surrounding Nations and reflect the names given to places by the inhabitants and owners. Quatsino may make efforts to have important places recognized by their traditional name. Place names are complex expressions of Quatsino history, culture, and identity and should not be utilized in any way without the express written permission from a recognized Quatsino decision-maker.
5.3 Sacred places and spiritual activities
Many of the sacred and spiritual activities listed below are of such a sensitive nature that their location and descriptive information is not publicly available. Many of these activities are on-going in the community today and the locations and cultural remains associated with them are extremely important as a whole, to the community. The protection of objects left on the landscape by community members is critical to their spiritual, physical, and emotional well-being. These can include:
- bathing pools
- ceremonial regalia repository areas
- afterbirth locations
- fasting places
- prayer places
- vision quest localities
- burning sites
- sweathouse locations
- youth spiritual training areas
- longhouse sites, etc.
- hama’tsa training site
5.4 Ancestral Cemeteries
Ancestral Cemeteries are the most important sites to protect because we have an ongoing responsibility to look after our ancestors. Our deceased ancestors have been placed in a location and fashion consistent with their beliefs, heredity, gender, and status, and we have to ensure these sacred places are not disturbed and desecrated. Failure to observe these
duties are harmful to the deceased and the living. As noted above (Table 1 pg. 6 – 8), our ancestors were put away in several ways and contexts, including shell middens, cairns, trees, grave houses, and rock shelters. In the following section, we look at Shell Midden Cemeteries as they are the most common and most subject to disturbance.
We also provide:
- Procedural instructions for those who encounter ancestral remains
- Acceptable analytical techniques for Qualified Experts
- Outline our expectations if our ancestors are disturbed
5.5 Shell Midden Cemeteries
We treat all shell middens within Quatsino’s Consultation Area as potential cemeteries that contain ancestral remains (both intact burials and disarticulated skeletal elements). For this reason, all activities with the potential to impact shell middens in any way are expected to proceed with extreme caution and under our guidance. All work will adhere to our standards, protocols, and be carried out with our prior and informed consent. Moreover, Quatsino does not differentiate between ‘disturbed’ and ‘intact’ shell midden cemeteries; all such sites are considered too important or valuable to be interfered with and must be treated with the utmost dignity and respect.
Quatsino maintains a detailed record of all sites from which ancestral remains have been identified or recovered and has a comprehensive inventory of burial locations known only to the Nation. Quatsino will certainly have more detailed and accurate information
regarding the potential of a given site to have ancestral remains than any proponent or consulting archaeologist.
All proposed activities within such shell midden cemeteries should be designed to have no impact on the subsurface deposits that inter our ancestors. The only exception to the above statement would be well-defined research-driven excavations that would only be approved after detailed consultation with Quatsino. These projects will be considered if they demonstrate the ability to document and promote Quatsino history, culture, and identity.
If, for whatever reason, impact to a shell midden cemetery is unavoidable, we have set methods for best practices. This includes remote sensing before any subsurface investigations, hand excavation, screening 100% of the midden (disturbed and intact deposits), and rigorous recording and analysis standards.
5.6 Ancestral Remains Emergency Encounter Procedures
Quatsino has approved a set of procedures regarding encountering, handling, and analyzing human remains in the field and lab; these steps are described below.
- Stop: All work must cease immediately upon encountering human remains, this includes disarticulated or scattered human remains, not only intact burials.
- Contact: Ensure that an appropriate QFN cultural, political, and staff representative ison-site in addition to the QFN archaeological monitor to ensure appropriate handling of ancestral remains.
- Protect: If it is necessary to remove ancestral remains from the ground, ensure that they are appropriately packaged and protected. In addition to standard archaeological packaging materials, this also entails wrapping the remains in a blanket and placing them in a cedar box lined with cedar boughs.
- Relocate: Ancestral remains can be temporarily relocated to a secure, safe facility that has been approved by QFN. Ensure that ancestral remains are to be transported as little as possible. Only assigned Quatsino members can relocate ancestral remains.
- Secure: After ancestral remains are located, QFN will work with the developer, government agents and professional archaeologists to ensure that the site is not further impacted or threatened by looters. QFN requires 24-hour surveillance and security on high profile sites.
- Cultural Ceremony: At the end of the archaeological work at the cultural heritage site, QFN insists that location is cleansed with an appropriate ceremony by a representative designated by the Quatsino First Nation.
- Reburial: QFN encourages that the ancestral remains are reburied as close to their original placement as possible, but so that they will not be further disturbed (subject to agreement with other First Nations). QFN will work with the proponent to do this or will oversee the reburial.
5.7 Analysis of Ancestral Remains
Recovered human remains should be analyzed by a qualified biological/physical anthropologist and non-destructive analyses (i.e., sexing, aging, pathologies, etc.) undertaken respectfully are supported presently and may endorse any further chemical/isotopic analysis that could damage or destroy human remains (i.e., DNA, stable isotopes, radiocarbon dating) dependant on the response from the QFN leadership and community.
5.8 Resting Place for the Ancestors
Any disturbance to human remains is extremely undesirable and hurtful to our community. However, even following the Best Practices and management strategies stipulated in this policy, there may continue to be inadvertent impactson ancestral burials. Recognizing this reality and determining to move those that have been disturbed as little as possible, a parcel of land immediately adjacent to where the human remains were exhumed must be designated exclusively for respectful and culturally appropriate reburial. This parcel of land will be provided at the expense of the proponent or the respective level of government and shall be held in trust in perpetuity by Quatsino for a cemetery. Furthermore, it shall be designated and protected through a legally binding process and upheld by the Parties. Human remains must be removed directly from their original cemetery to their new cemetery in a ceremony carried out by appointed Quatsino cultural elders and community members as the Nation sees fit at the expense of the proponent.
5.9 Cultural Materials, Expressions, and Documents
Cultural materials, expressions, and documents refer to both tangible and intangible components of our heritage. Examples of tangible cultural materials include such things as artifacts and samples collected from archaeological sites, written documents, audio and visual resources, and maps. Intangible expressions of culture include our oral stories, genealogical information, dances, songs, and designs.
Quatsino maintains the right and prerogative to exercise oversight and management of these materials acquired from or relating to our lands, people, and culture, even if they are not in our collections. Quatsino holds rightful copyright to any aspects of our cultural expression, including designs, images, songs, dances, stories, and legends. Use of Quatsino cultural materials, expressions, and documents must have prior written permission from Quatsino First Nation.