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O. Reg. 8/06: LICENCES UNDER PART VI OF THE ACT - EXCLUDING MARINE ARCHAEOLOGICAL SITES

under Ontario Heritage Act, R.S.O. 1990, c. O.18

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Versions

Ontario Heritage Act

ONTARIO REGULATION 8/06

LICENCES UNDER PART VI OF THE ACT — EXCLUDING MARINE ARCHAEOLOGICAL SITES

Historical version for the period November 25, 2010 to December 31, 2010.

Last amendment: O. Reg. 434/10.

This is the English version of a bilingual regulation.

Interpretation

1. (1) In this Regulation,

“archaeological fieldwork” means archaeological fieldwork as defined in section 1 of Ontario Regulation 170/04 (Definitions) made under the Act; (“travaux archéologiques sur le terrain”)

“archaeological site” means an archaeological site as defined in section 1 of Ontario Regulation 170/04 (Definitions) made under the Act; (“site archéologique”)

“artifact” means an artifact as defined in section 1 of Ontario Regulation 170/04 (Definitions) made under the Act; (“artefact”)

“consultant archaeologist” means an archaeologist who enters into an agreement with a client to carry out or supervise archaeological fieldwork on behalf of the client, produce reports for or on behalf of the client and provide technical advice to the client; (“archéologue-conseil”)

“field director” means an archaeologist who supervises archaeological fieldwork, and makes day-to-day decisions relating to archaeological fieldwork, under the supervision of a person holding a professional licence; (“directeur des fouilles”)

“licence” means a licence under the Act, except in the case of a reference to a licence or similar authorization from a jurisdiction other than Ontario; (“licence”)

“marine archaeological site” means a marine archaeological site as defined in section 1 of Ontario Regulation 170/04 (Definitions) made under the Act. (“site archéologique marin”) O. Reg. 8/06, s. 1 (1).

(2) An application by an individual for a licence is an application for a new licence, and the licence issued pursuant to that application is a new licence, if,

(a) the individual has never held a licence;

(b) the individual is a licensee applying for a licence of a different class than that currently held by him or her;

(c) the individual was, but is not currently, a licensee and is applying for a licence of a different class than the licence most recently held by him or her;

(d) the individual was, but is not currently, a licensee and is applying for a licence of the same class as the licence most recently held by him or her, more than five years after that licence expired;

(e) the individual was, but is not currently, a licensee and is applying for a licence of the same class as the licence most recently held by him or her, more than five years after that licence was cancelled by the Minister at the individual’s request; or

(f) the individual was, but is not currently, a licensee and is applying for a licence of the same class as the licence most recently held by him or her, which the Minister revoked, or refused to renew, under section 49 of the Act. O. Reg. 8/06, s. 1 (2).

(3) An application by an individual for a licence is an application for renewal of a licence, and the licence issued pursuant to that application is a renewed licence, if,

(a) the individual is a licensee applying, before the expiry of his or her current licence, for a licence of the same class;

(b) the individual was, but is not currently, a licensee and is applying for a licence of the same class as the licence most recently held by him or her, within five years after that licence expired; or

(c) the individual was, but is not currently, a licensee and is applying for a licence of the same class as the licence most recently held by him or her, within five years after that licence was cancelled by the Minister at the individual’s request. O. Reg. 8/06, s. 1 (3).

Classes of licence

2. The following classes of licence are prescribed:

1. Professional licence.

2. Applied research licence.

3. Avocational licence. O. Reg. 8/06, s. 2.

No application to marine sites

3. None of the classes of licence prescribed by this Regulation authorizes the carrying out of an activity on a marine archaeological site. O. Reg. 8/06, s. 3.

Note: On January 1, 2011, the Regulation is amended by adding the following section:

Labour mobility

3.1 Where the Minister deals with an applicant’s application under subsection 48 (8.2) of the Act,

(a) if the applicant is applying for a professional licence, sections 7 and 8 do not apply to the application;

(b) if the applicant is applying for an applied research licence, sections 10 and 11 do not apply to the application; and

(c) if the applicant is applying for an avocational licence, sections 13, 14 and 15 do not apply to the application. O. Reg. 434/10, s. 1.

See: O. Reg. 434/10, ss. 1, 2.

Only one licence to be held

4. (1) No person shall hold, at any one time, more than one of the classes of licence prescribed by this Regulation. O. Reg. 8/06, s. 4 (1).

(2) When submitting an application to the Minister for a licence of a different class, a licensee shall also submit to the Minister a request for cancellation of the licence that the licensee already holds and shall submit the request in such form and manner as the Minister may require. O. Reg. 8/06, s. 4 (2).

False or misleading information

5. (1) An applicant shall be deemed not to have satisfied the requirements for the issuance of a class of licence prescribed by this Regulation, if the applicant knowingly made a false or misleading statement or representation in the application. O. Reg. 8/06, s. 5 (1).

(2) Subsection (1) does not apply if the false or misleading statement or representation was made before January 25, 2006. O. Reg. 8/06, s. 5 (2).

Scope of professional licence

6. Subject to any terms or conditions that may be contained in the licence, a professional licence authorizes the licensee to,

(a) monitor, survey, explore, assess and excavate archaeological sites;

(b) recover artifacts;

(c) carry out or supervise archaeological fieldwork as a consultant archaeologist; and

(d) act as a field director. O. Reg. 8/06, s. 6.

Requirements for professional licence

7. (1) For the purposes of clause 48 (8) (d) of the Act, the following requirements for the issuance of a professional licence are prescribed in addition to the requirements set out in clauses 48 (8) (a), (b) and (c) of the Act:

1. The applicant must hold a Master’s degree awarded by a university in an area of archaeology.

2. The applicant must have successfully completed a thesis, or a research project in lieu of a thesis, in order to obtain the Master’s degree.

3. The applicant must be a member in good standing of an archaeological organization with a code of ethics or code of conduct.

4. The applicant must have work experience that meets all of the following criteria:

i. The work has provided the applicant with at least 52 consecutive or non-consecutive weeks of experience in applying archaeology theory to the practical work situation, including significant experience in each of monitoring, assessing, exploring, surveying and excavating archaeological sites and in recovering artifacts.

ii. The work has provided the applicant with experience in managing archaeological fieldwork, including at least 26 consecutive or non-consecutive weeks of experience in supervising, or assisting in supervising, archaeological fieldwork.

iii. The work has provided the applicant with experience in analyzing archaeological fieldwork data and managing artifacts.

iv. The work has provided the applicant with experience in demonstrating proficiency in written communication, including experience in authoring at least four substantive documents dealing with primary archaeological research. O. Reg. 8/06, s. 7 (1).

(2) Subsection (1) does not apply,

(a) to an application for a new licence, if the application was made before January 25, 2006;

(b) to an application for renewal of a licence, if,

(i) the application was made before that date, or

(ii) the application is made after that date with respect to a licence that was first issued before that date. O. Reg. 8/06, s. 7 (2).

Demonstration of work experience

8. (1) An applicant for a new professional licence shall provide sufficient information with respect to the applicant’s work experience to permit an assessment of its nature, quality, duration and currency and, without limiting the generality of the foregoing, shall provide,

(a) two reports endorsing the applicant, each containing information that the Minister determines is sufficient to permit proper assessment of the applicant’s work experience and each from a referee,

(i) who has,

(A) supervised the applicant’s archaeological fieldwork,

(B) carried out archaeological fieldwork with the applicant, or

(C) acted as advisor or supervisor for the applicant’s thesis or research project referred to in paragraph 2 of subsection 7 (1), and

(ii) who,

(A) holds a professional licence, or

(B) is determined by the Minister under subsection (2) to have education and experience equivalent to that required for the issuance of a professional licence;

(b) confirmation from the applicant that at least 26 weeks of the 52 weeks of archaeological fieldwork experience required under subparagraph 4 i of subsection 7 (1) have been obtained in one or more of the following jurisdictions:

(i) Ontario,

(ii) a jurisdiction within Canada or the United States that, in the opinion of the Minister, has a geography, a geology, a settlement history and archaeological resources similar to those of Ontario; and

(c) such examples of the applicant’s written work as the Minister may request, including briefs, reports, documents or publications. O. Reg. 8/06, s. 8 (1).

(2) In determining, for the purposes of sub-subclause (1) (a) (ii) (B), whether a referee has education and experience equivalent to that required for the issuance of a professional licence, the Minister shall consider all relevant factors, including the following:

1. Whether the referee held a professional, consulting or excavation licence that was issued in Ontario and that was not revoked.

2. Whether the referee holds a licence or similar authorization that was issued in a jurisdiction other than Ontario, or held a licence or similar authorization that was issued in a jurisdiction other than Ontario and that was not revoked,

i. authorizing activities similar to those authorized by a professional licence, and

ii. the issuance of which was based on education and experience requirements equivalent to those for the issuance of a professional licence.

3. Whether the referee works, or has worked, as a professional archaeologist in or outside Ontario in circumstances not requiring a licence or similar authorization referred to in paragraph 1 or 2. O. Reg. 8/06, s. 8 (2).

(3) This section does not apply if the application for the licence was made before January 25, 2006. O. Reg. 8/06, s. 8 (3).

Scope of applied research licence

9. (1) Subject to any terms or conditions that may be contained in the licence, an applied research licence authorizes the licensee to,

(a) monitor, survey, explore and assess archaeological sites;

(b) recover artifacts; and

(c) act as a field director. O. Reg. 8/06, s. 9 (1).

(2) If, at the time the applied research licence is issued, the licensee has held an avocational licence for a period of five years, whether consecutive or non-consecutive, the applied research licence, in addition to providing the authority set out in subsection (1), also authorizes the licensee to excavate archaeological sites. O. Reg. 8/06, s. 9 (2).

(3) For greater certainty, an applied research licence does not authorize the licensee to carry out or supervise archaeological fieldwork as a consultant archaeologist. O. Reg. 8/06, s. 9 (3).

Requirements for applied research licence

10. (1) For the purposes of clause 48 (8) (d) of the Act, the following requirements for the issuance of an applied research licence are prescribed in addition to the requirements set out in clauses 48 (8) (a), (b) and (c) of the Act:

1. The applicant must,

i. hold a Bachelor’s degree awarded by a university in an area of archaeology following completion of a four-year program of studies, or

ii. have held an avocational licence for a period of five years, whether consecutive or non-consecutive.

2. The applicant must be a member in good standing of an archaeological organization with a code of ethics or code of conduct.

3. The applicant must have work experience that meets all of the following criteria:

i. The work has provided the applicant with at least 30 consecutive or non-consecutive weeks of experience in applying archaeology theory to the practical work situation, including significant experience in each of monitoring, assessing, exploring, surveying and excavating archaeological sites and in recovering artifacts.

ii. The work has provided the applicant with experience in managing archaeological fieldwork, including experience in supervising, or assisting in supervising, archaeological fieldwork.

iii. The work has provided the applicant with experience in analyzing archaeological fieldwork data and managing artifacts.

iv. The work has provided the applicant with experience in demonstrating proficiency in written communication, including experience in authoring at least one substantive document dealing with primary archaeological research. O. Reg. 8/06, s. 10 (1).

(2) Subsection (1) does not apply,

(a) to an application for a new licence, if the application was made before January 25, 2006;

(b) to an application for renewal of a licence, if,

(i) the application was made before that date, or

(ii) the application is made after that date with respect to a licence that was first issued before that date. O. Reg. 8/06, s. 10 (2).

Demonstration of work experience

11. (1) An applicant for a new applied research licence shall provide sufficient information with respect to the applicant’s work experience to permit an assessment of its nature, quality, duration and currency and, without limiting the generality of the foregoing, shall provide,

(a) a report endorsing the applicant, containing information that the Minister determines is sufficient to permit proper assessment of the applicant’s work experience, from a referee,

(i) who has,

(A) supervised the applicant’s archaeological fieldwork,

(B) carried out archaeological fieldwork with the applicant, or

(C) acted as advisor or supervisor for a thesis prepared, or a research project conducted, by the applicant in an area of archaeology, and

(ii) who,

(A) holds a professional licence, or

(B) is determined by the Minister under subsection (2) to have education and experience equivalent to that required for the issuance of a professional licence;

(b) confirmation from the applicant that at least 15 weeks of the 30 weeks of archaeological fieldwork experience required under subparagraph 3 i of subsection 10 (1) have been obtained in one or more of the following jurisdictions:

(i) Ontario,

(ii) a jurisdiction within Canada or the United States that, in the opinion of the Minister, has a geography, a geology, a settlement history and archaeological resources similar to those of Ontario; and

(c) such examples of the applicant’s written work as the Minister may request, including briefs, reports, documents or publications. O. Reg. 8/06, s. 11 (1).

(2) In determining, for the purposes of sub-subclause (1) (a) (ii) (B), whether a referee has education and experience equivalent to that required for the issuance of a professional licence, the Minister shall consider all relevant factors, including the following:

1. Whether the referee held a professional licence, a consulting licence, or an excavation licence, that was issued in Ontario and that was not revoked.

2. Whether the referee holds a licence or similar authorization that was issued in a jurisdiction other than Ontario, or held a licence or similar authorization that was issued in a jurisdiction other than Ontario and that was not revoked,

i. authorizing activities similar to those authorized by a professional licence, and

ii. the issuance of which was based on education and experience requirements equivalent to those for the issuance of a professional licence.

3. Whether the referee works, or has worked, as a professional archaeologist in or outside Ontario in circumstances not requiring a licence or similar authorization referred to in paragraph 1 or 2. O. Reg. 8/06, s. 11 (2).

(3) This section does not apply if the application for the licence was made before January 25, 2006. O. Reg. 8/06, s. 11 (3).

Scope of avocational licence

12. (1) Subject to any terms or conditions that may be contained in the licence, an avocational licence authorizes the licensee to,

(a) monitor, survey and explore archaeological sites; and

(b) recover artifacts. O. Reg. 8/06, s. 12 (1).

(2) For greater certainty, an avocational licence does not authorize the licensee to,

(a) assess or excavate archaeological sites;

(b) carry out or supervise archaeological fieldwork as a consultant archaeologist; or

(c) act as a field director. O. Reg. 8/06, s. 12 (2).

Competence

13. (1) In determining whether an applicant for an avocational licence has met the requirement set out in clause 48 (8) (a) of the Act, the Minister shall consider all relevant factors, including the following:

1. Whether the applicant has knowledge of archaeological fieldwork acquired through,

i. educational experiences,

ii. the carrying out of archaeological fieldwork in Ontario in circumstances not requiring a licence, or

iii. the carrying out of archaeological fieldwork in a jurisdiction other than Ontario in accordance with the laws of that jurisdiction.

2. Whether the applicant has conducted research in archaeology or authored documents on archaeology.

3. Whether the applicant is a member in good standing of an archaeological organization with a code of ethics or code of conduct. O. Reg. 8/06, s. 13 (1).

(2) For greater certainty, the requirements referred to in clauses 48 (8) (b), (c) and (d) of the Act also apply to the issuance of an avocational licence. O. Reg. 8/06, s. 13 (2).

(3) Subsection (1) does not apply,

(a) to an application for a new licence, if the application was made before January 25, 2006; or

(b) to an application for renewal of a licence, if,

(i) the application was made before that date, or

(ii) the application is made after that date with respect to a licence that was first issued before that date. O. Reg. 8/06, s. 13 (3).

Demonstration of factors

14. (1) An applicant for a new avocational licence shall provide sufficient information with respect to the applicant’s knowledge of archaeological fieldwork to permit an assessment of its nature, quality and currency and, without limiting the generality of the foregoing, shall provide a report endorsing the applicant, containing information that the Minister determines is sufficient to permit proper assessment of the applicant’s knowledge of archaeological fieldwork, from a referee,

(a) who,

(i) has supervised the applicant’s archaeological fieldwork,

(ii) has carried out archaeological fieldwork with the applicant,

(iii) has taught the applicant in an area of archaeology, or

(iv) is the mentor under the mentoring agreement referred to in section 15; and

(b) who,

(i) holds a professional licence or an applied research licence, or

(ii) is determined by the Minister under subsection (3) to have education and experience equivalent to that required for the issuance of a professional licence or an applied research licence. O. Reg. 8/06, s. 14 (1).

(2) The applicant shall provide such examples of the applicant’s written work as the Minister may request, including briefs, reports, documents or publications. O. Reg. 8/06, s. 14 (2).

(3) In determining, for the purposes of subclause (1) (b) (ii), whether a referee has education and experience equivalent to that required for the issuance of a professional licence or an applied research licence, the Minister shall consider all relevant factors, including the following:

1. Whether the referee held a consulting licence, a consulting stage 1-3 licence, an excavation licence, a survey and test excavation licence, a professional licence, or an applied research licence, that was issued in Ontario and was not revoked.

2. Whether the referee holds a licence or similar authorization that was issued in a jurisdiction other than Ontario, or held a licence or similar authorization that was issued in a jurisdiction other than Ontario and that was not revoked,

i. authorizing activities similar to those authorized by a professional licence or an applied research licence, and

ii. the issuance of which was based on education and experience requirements equivalent to those for the issuance of a professional licence or an applied research licence.

3. Whether the referee works, or has worked, as a professional archaeologist in or outside Ontario in circumstances not requiring a licence or similar authorization referred to in paragraph 1 or 2. O. Reg. 8/06, s. 14 (3).

(4) This section does not apply if the application for the licence was made before January 25, 2006. O. Reg. 8/06, s. 14 (4).

Mentoring agreement

15. (1) A new avocational licence shall not be issued to an applicant unless,

(a) the applicant has entered into a mentoring agreement for the term of the licence with a mentor who,

(i) holds a professional licence or an applied research licence, or

(ii) is determined by the Minister under subsection (7) to have education and experience equivalent to that required for the issuance of a professional licence or an applied research licence; and

(b) the mentoring agreement requires that, at the end of the term of the licence, the mentor give the Minister a report containing information that the Minister determines is sufficient to permit proper assessment of the licensee’s knowledge of archaeological fieldwork. O. Reg. 8/06, s. 15 (1).

(2) When submitting an application to the Minister for a new avocational licence, the applicant shall also submit to the Minister a copy of the mentoring agreement signed by the mentor and the applicant. O. Reg. 8/06, s. 15 (2).

(3) The term of a new avocational licence that the Minister issues to an applicant shall be one year. O. Reg. 8/06, s. 15 (3).

(4) In determining whether to renew an avocational licence held by a licensee who is a party to a mentoring agreement and in determining the term of the renewed licence, the Minister shall consider the mentor’s report referred to in clause (1) (b). O. Reg. 8/06, s. 15 (4).

(5) If the mentor’s report does not recommend renewal of the avocational licence, the Minister may decide to renew the avocational licence only if,

(a) the licensee has entered into a new mentoring agreement for the term of the renewed licence with a mentor described in clause (1) (a); and

(b) the new mentoring agreement requires that, at the end of the term of the renewed licence, the mentor give the Minister a report containing information that the Minister determines is sufficient to permit proper assessment of the licensee’s knowledge of archaeological fieldwork. O. Reg. 8/06, s. 15 (5).

(6) If the Minister decides to renew an avocational licence, the term of the renewed licence may be any term that the Minister considers appropriate. O. Reg. 8/06, s. 15 (6).

(7) In determining, for the purposes of this section, whether a mentor has education and experience equivalent to that required for the issuance of a professional licence or an applied research licence, the Minister shall consider all relevant factors, including the factors set out in paragraphs 1, 2 and 3 of subsection 14 (3), which shall be read as if a reference to “referee” were a reference to “mentor”. O. Reg. 8/06, s. 15 (7).

No licence required

16. For the purposes of clause 48 (2) (c) of the Act, a licence is not required for an activity that is encompassed by paragraph 1 or 2 of subsection 48 (1) of the Act, if,

(a) the activity is carried out under the supervision of a licensee who holds a professional licence or an applied research licence that authorizes the carrying out of that activity; and

(b) the activity is carried out by an individual who is not acting as a field director. O. Reg. 8/06, s. 16.

17. Omitted (revokes other Regulations). O. Reg. 8/06, s. 17.