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Historical Resources Act

  • B R
  • Mar 10
  • 4 min read

Why the HISTORIC RESOURCES ACT Matters in the PLANNING

and DEVELOPMENT of Municipal Lands


 


The ACT says:

 

  • All development in the province of Alberta must be in accordance with the Alberta Historic Resources Act, Section 37 (2), implemented in 1980, under the Alberta Municipal Government Act.

  • Historic Resources Act (HRA) takes precedence over the Municipal Government Act (MGA).

  • It is governed by the Minister of the Ministry of Culture, Arts and Status of Women.

  • May require that any proposal for development, likely to threaten the integrity of a historic resource, must implement the condition of Historic Resource Act approval.

 


 

 PROVINCE OF ALBERTA LISTINGS OF HISTORIC RESOURCES

 

 

  • Listing of Historic Resources key tool to determine if HR a concern or if implementation of Historic Resources Act is required (450,000 listings in Province of Alberta);

  • Listings based on archaeological, palaeontological, and Indigenous traditional use sites (burials, ceremonial sites, etc.), and/or historic structures (450,000 listings);

  • CNP is known for the richest plethora of archeological, paleontological, and Pre-historic Indigenous HR of any Canadian Mountain Pass (DjPo-81; DjPo-25; DjPo-65);

  • Province of Alberta, Ministry of Culture, Arts and Status of Women data base identifies Crowsnest Pass as “high interest” and “high potential.”

  • Founded on 1970’s research, by archeologists Reeves and Driver, Pre-historic Indigenous artefacts findings radio-carboned 12,000 – 15,000 years; ago.

  • Identifies lands assigned an Historic Resource Value (HRV) of a known historic resource (eg. Bellevue Dairy Road Park HRV4a, MDM HRV4a and HRV5a) or the potential to contain one (eg. Satoris Road HRV5a and HRV4p);

 

 

 

 HISTORIC RESOURCE VALUE (HRV) and HISTORIC RESOURCE CATEGORY

 

  • Each land parcel in the Historic Resources Listing is assigned a Historic Resource Value (HRV) of 1, 3, 4 and/or 5.

  • The highest level of protection (HRV 1) designated to lands identified as World Heritage Sites and lands owned by the Ministry1 for historic resource protection and promotion purposes;

  • HRVs are defined as follows:


    HRV 1: contains a World Heritage site or a site designated under the HRA as a


    Provincial Historic Resource;


    HRV 2: deactivated (formerly used to designate a Registered Historic Resource2);


    HRV 3: contains a significant historic resource that will likely require avoidance;


    HRV 4: contains a historic resource that may require avoidance or assessment;


    HRV 5: high potential to contain a historic resource;

  • Road allowances have the same HRV as lands immediately adjacent (to the south for east-west roads and to the west for north-south roads);

  • Each entry in the HR Listing includes a letter that describes the primary historic


    resource category of concern.These are:

 a archaeological c cultural gl geological h historic period n natural p palaeontological

  • Crowsnest Pass designations include Dairy Road Park (HRV4 a); MDM (HRV4a and HRV5a); Satoris Road (HRV5a and HRV4p); Crowsnest Lake;

  • Projects that intersect with Indigenous traditional use sites may require approval from First Nations and the Ministry prior to proceeding (DJPO-25, DJPO-81).

 

 

 

HISTORIC RESOURCES ACT APPROVAL (HRA)

 

  • Development proposals for review and approval with high level impact must be submitted to the Minister/Ministry of Culture, Arts and Status or Women under HRA Section 37(2);

  • Ministry/Minister determines if development can proceed immediately or if Historic Resources Impact Assessment (HRIA) is required;

  • Municipalities and/or developers must submit HR applications for approval of large-scale projects and long-term planning documents (ie. Area Structure Plans and Area Redevelopment Plans) for review;

  • HRA approvals and approvals with conditions are project specific;

  • Outcome of HRIA review determines if further HR mitigation studies are required;

  • When submission of a Historic Resources (HR) Application is triggered by the Listing, and only a portion of a proposed development area lies within lands contained in the Listing, the entire project area is subject to review and must be included in the application.

 

 

 

 WHAT IS AN HISTORIC RESOURCES IMPACT ASSESSMENT (HRIA)


  • Implemented when a proposed development threatens the integrity of a historic resource found in the HR listings or potential for HRV;

  • Mandated by Historical Resources Act, Section 37(2);

  • Historic Resource Impact Assessment (HRIA) authorized by the Minister/Ministry of Culture, Arts and Status of Women;

  • Applies to developments located on freehold, Municipal lands and provincial crown lands, regardless of where they are situated in the province;

  • Acknowledgement of HR susceptible to the effects of time and can be damaged by various development activities aimed at accommodating growing populations and modernizing society;

  • HRIA or studies are not transferrable to different projects or activities in the same lands or to different landowners or developer;

  • Promotes HR in the Province of Alberta as a valuable and non-renewable resource;

 

 

 

 HISTORIC RESOURCES IMPACT ASSESSMENT PROCESS

 

 

When development results in the alteration of, damage to or, destruction of a historic resource, the developer undertaking the development may be required by the Province to:

 

  • conduct a Historic Resources Impact Assessment (HRIA) by an accredited archeologist and/or paleontologist;

  • submit a report of the HRIA results to the Ministry of Culture, Arts and Status of Women;

  • avoid any historic resources endangered by the activity;

  • mitigate further potential impacts by undertaking comprehensive studies (eg. hand trowel);

  • consult with First Nations;

 


 

 HISTORIC RESOURCES ACT PROCESS for DEVELOPMENT SUMMARIZED


  1. DEVELOPMENT APPLICATION REQUIRES CONDITION OF HR APPROVAL FROM MINISTRY OF CULTURE, ARTS AND STATUS OF WOMEN.

  2. APPROVAL DETERMINED BY HISTORICAL RESOURCES (HR) LISTINGS.

  3. MINISTRY DETERMINES IF APPROVAL GRANTED BASED ON HR LISTINGS OR DETERMINES WHETHER OR NOT DEVELOPMENT PROCEEDS OR WHETHER ONLY A PORTION OF LAND CAN BE DEVELOPED.

  4. HR LISTINGS MAY IDENTIFY HRV BY A KNOWN RESOURCE OR POTENTIAL OF A RESOURCE.

  5. IF, THEN MINISTRY REQUESTS A HISTORICAL RESOURCES IMPACT ASSESSMENT (HRIA) AT THE COST OF THE DEVELOPER.

  6. HRIA CONDUCTED BY CREDITED ARCHEOLOGIST OR PALEONTOLOGIST.

  7. RESULTS MAY MITIGATE FURTHER CONDITIONS FOR STUDIES TO BE CONDUCTED BY THE DEVELOPER PRIOR TO DEVELOPMENT PROCEEDING.

  8. CNP RICHEST ARCHEOLOGICAL AND PALEONTOLOGICAL SITE OF ANY MOUNTAIN PASS (IDENTIFIED SITES INCLUDE DJPO-25; DJPO-65; DJPO-81;TO BE IDENTIFIED – SATORIS ROAD; CROWSNEST LAKE).

 

 

 

 

 

  

YOUR VOICE is IMPORTANT!

 

 PUBLIC PARTICIPATION MATTERS!

 

AREA STRUCTURE PLANS are important in PLANNING FOR GROWTH AND DEVELOPMENT!

  

HISTORIC RESOURCES ACT impacts DEVELOPMENT decisions!

 

 DECISIONS ABOUT TAXES – your money - MATTERS!

 

 DECISIONS ABOUT MUNICIPAL LANDS – YOUR LANDS – MATTER!

 

 

 

 

 

 


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