R.R.O. 1990, REGULATION 879
GRANTS TO INCORPORATED HISTORICAL SOCIETIES AND ASSOCIATIONS
- In this Regulation,
“administration cost” means the cost of,
(a) maintaining a corporation’s premises, other than a heritage resource centre, and its office equipment,
(b) ordinary office expenses,
(c) membership activities,
(d) secretarial services, and
(e) advertising and publicity;
“community”, when used in reference to a corporation, means the area in which the corporation has its head office;
“corporation” means a non-profit corporation having its head office in the Province of Ontario whose primary objects are to support, encourage and facilitate the conservation, protection and promotion of the community’s heritage;
“heritage resource centre” means premises maintained by a corporation primarily for the purpose of conducting an outreach and extension program;
“outreach and extension program” means activities conducted by a corporation that are open to the public and that are intended to promote an increased knowledge, appreciation and awareness of the community’s heritage, including,
(a) in-house and circulating displays and audiovisual programs,
(b) educational or promotional events and programs,
(c) walking or driving tours conducted within the community, and
(d) acquisition, conservation, storage and display of archival, library and artifact collections. R.R.O. 1990, Reg. 879, s. 1.
2. (1) A corporation shall be paid a grant not exceeding 75 per cent of those costs, broken down as set out in subsection (2) and not in any event exceeding $3,000 where the corporation,
(a) does not receive money from another provincial agency for the purposes stated in this Regulation;
(b) has spent at least $250 in respect of its outreach and extension program in the preceding fiscal year; and
(c) applies to the Minister before the 30th day of June for a grant in respect of,
(i) its administration cost,
(ii) the cost of operating a heritage resource centre, and
(iii) the cost of its outreach and extension program,
for the preceding fiscal year. R.R.O. 1990, Reg. 879, s. 2 (1).
(2) A grant paid to a corporation under subsection (1) shall consist of,
(a) $250 or 75 per cent of the administration cost for the preceding year, whichever is less;
(b) $750 or 75 per cent of the cost of operating a heritage resource centre for the preceding year, whichever is less; and
(c) $2,000 or 75 per cent of the cost of the outreach and extension program, whichever is less, but no more than $500 of the grant may be paid for fees or honorariums. R.R.O. 1990, Reg. 879, s. 2 (2).
3. An application under subsection 2 (1) shall be made to the Minister in a form supplied by the Minister and shall be accompanied by the corporation’s financial statement for the previous fiscal year and such other information as the Minister may require. R.R.O. 1990, Reg. 879, s. 3.
- Where in any year the amount voted by the Legislature for grants under this Regulation is insufficient to pay them in full in accordance with section 2, the Minister may proportionately reduce each grant. R.R.O. 1990, Reg. 879, s. 4.
R.R.O. 1990, REGULATION 877
GRANTS FOR MUSEUMS
Interpretation
- In this Regulation,
“applicant” means,
(a) a non-profit corporation that has its head office in the Province of Ontario and that operates a museum,
(b) a council of a municipality that operates a museum,
(c) a public library board, under the Public Libraries Act that operates a museum,
(d) a council of an Indian Band as defined in the Indian Act (Canada) that operates a museum, and
(e) a conservation authority established by or under the Conservation Authorities Act that operates a museum;
“curator” means a person whose full-time service is devoted to the administration of a museum;
“eligible operating expenses” means the operating expenses incurred by an applicant in the preceding calendar year minus,
(a) any grant received by the applicant in the preceding calendar year under this Regulation or a predecessor thereof,
(b) any grants received by the applicant from the Government of Canada or the Province of Ontario or any agent of either of them, and
(c) any amount used by the applicant in the preceding calendar year to qualify for any grants for operating expenses from the Government of Canada or the Province of Ontario or any agent of either of them;
“museum” means an institution that,
(a) is established for the purpose of acquiring, conserving, studying, interpreting, assembling and exhibiting to the public for its instruction and enjoyment a collection of artifacts of historical interest,
(b) has a definable site used exclusively for the operation of the institution and that apportions its physical space, with respect to public purposes and administrative support purposes, so as to effectively carry out the role of a museum,
(c) maintains a bookkeeping system for the exclusive use of the institution that sets out the income and expenses of the institution separately from all other income and expenses of the applicant,
(d) has a statement of purpose that clearly sets out the aims and objectives of the institution and that has a collections policy relative to such aims and objectives,
(e) owns a catalogued collection consisting mainly of three dimensional historical artifacts of local or provincial significance that reflects the aims and objectives of the institution,
(f) has an appointed or elected governing body that is solely responsible for the management of the institution,
(g) has an appointed curator,
(h) is open to the public,
(i) is exempt from the payment of tax under the Income Tax Act and the Income Tax Act (Canada),
(j) is not an art museum,
(k) is not established primarily for the purpose of conducting temporary exhibitions,
(l) is not a community recreation centre as defined in the Community Recreation Centres Act, and
(m) is not a specialized museum as designated by the National Museums Corporation of Canada;
“open to the public” means accessible to the public at any time on those days and within those hours posted or advertised, without prior reservation or appointment;
“operating expenses” means,
(a) salaries and benefits expenses,
(b) administration expenses,
(c) maintenance expenses,
(d) curatorial expenses,
(e) conservation expenses,
(f) display expenses,
(g) events and activities expenses,
(h) advertising and publicity expenses, and
(i) collection acquisition expenses,
incurred by an applicant in a calendar year;
“seasonal museum” means a museum that is open to the public for at least 360 hours and sixty days in a year and is not a year round museum;
“year round museum” means a museum that is open to the public for at least 1,080 hours and 180 days in a year, and at least twenty days in each of eight months of the year. R.R.O. 1990, Reg. 877, s. 1.
2. (1) The Minister shall make a grant to an applicant who,
(a) operates a seasonal museum that meets the minimum standards set out in “Standards for Community Museums in Ontario”;
(b) applies to the Minister before the 30th day of June in any year, in the form provided by the Minister, for a grant in respect of the operation of the seasonal museum for that year;
(c) received a grant under this Regulation in respect of the operation of the seasonal museum for the year preceding the year to which the application relates; and
(d) provides such further information as the Minister requires. R.R.O. 1990, Reg. 877, s. 2 (1); O. Reg. 164/93, s. 1 (1).
(2) The grant under subsection (1) shall be equal to the lesser of,
(a) 50 per cent of the eligible operating expenses incurred by the applicant in the preceding calendar year; or
(b) the most recent grant that the applicant received under this Regulation multiplied by a factor determined by the Minister after considering the amount voted by the Legislature for grants under this Regulation. R.R.O. 1990, Reg. 877, s. 2 (2).
(3) The Minister shall make a grant to an applicant who,
(a) operates a year round museum that meets the minimum standards set out in “Standards for Community Museums in Ontario”;
(b) applies to the Minister before the 30th day of June in any year, in the form provided by the Minister, for a grant in respect of the operations of the year round museum for that year;
(c) received a grant under this Regulation in respect of the operation of the year round museum for the year preceding the year to which the application relates; and
(d) provides such further information as the Minister requires. R.R.O. 1990, Reg. 877, s. 2 (3); O. Reg. 164/93, s. 1 (2).
(4) The grant under subsection (3) shall be the equal to the lesser of,
(a) the eligible operating expenses incurred by the applicant in the preceding calendar year multiplied by the percentage set out in Column 2 of Table 1 opposite the amount of the eligible operating expenses shown in Column l; or
(b) the most recent grant that the applicant received under this Regulation multiplied by a factor determined by the Minister after considering the amount voted by the Legislature for grants under this Regulation. R.R.O. 1990, Reg. 877, s. 2 (4).
(5) The Minister, as he or she considers proper, may make other grants and may make grants to other applicants, including,
(a) an applicant who,
(i) operates a year round museum that has been converted from a seasonal museum, and
(ii) received a grant under this Regulation in respect of the operation of the seasonal museum for the year preceding the year to which the application relates; and
(b) an applicant who,
(i) did not receive a grant under this Regulation in the preceding calendar year or years,
(ii) operated a museum that was open to the public in the year preceding the year to which the application relates, and
(iii) notifies the Minister, at least one year before making the application, of an intention to apply for a grant under this Regulation. R.R.O. 1990, Reg. 877, s. 2 (5).
3. (1) Where two or more applicants jointly operate a museum, the applicants shall, by agreement, determine which one of them shall be deemed to operate the museum for the purposes of section 2. R.R.O. 1990, Reg. 877, s. 3 (1).
2)Where the Minister determines that two or more museums can be operated by a single applicant the Minister shall treat such museums as a single institution for the purposes of making a grant under this Regulation. R.R.O. 1990, Reg. 877, s. 3 (2).
TABLE 1
|
Column 1
Eligible Operating Expenses
|
Column 2
Percentage
|
|
up to $25,000
|
50
|
|
over $25,000 and up to 27,500
|
49
|
|
over 27,500 and up to 30,000
|
48
|
|
over 30,000 and up to 32,500
|
47
|
|
over 32,500 and up to 35,000
|
46
|
|
over 35,000 and up to 37,500
|
45
|
|
over 37,500 and up to 40,000
|
44
|
|
over 40,000 and up to 42,500
|
43
|
|
over 42,500 and up to 45,000
|
42
|
|
over 45,000 and up to 47,500
|
41
|
|
over 47,500 and up to 50,000
|
40
|
|
over 50,000 and up to 55,000
|
39
|
|
over 55,000 and up to 60,000
|
38
|
|
over 60,000 and up to 65,000
|
37
|
|
over 65,000 and up to 70,000
|
36
|
|
over 70,000 and up to 75,000
|
35
|
|
over 75,000 and up to 80,000
|
34
|
|
over 80,000 and up to 85,000
|
33
|
|
over 85,000 and up to 90,000
|
32
|
|
over 90,000 and up to 95,000
|
31
|
|
over 95,000 and up to 100,000
|
30
|
|
over 100,000 and up to 115,000
|
28
|
|
over 115,000 and up to 130,000
|
26
|
|
over 130,000 and up to 145,000
|
24
|
|
over 145,000 and up to 160,000
|
22
|
|
over 160,000 and up to 175,000
|
20
|
|
over 175,000 and up to 190,000
|
18
|
|
over 190,000 and up to 205,000
|
16
|
|
over 205,000 and up to 220,000
|
14
|
|
over 220,000
|
12
|
R.R.O. 1990, Reg. 877, Table 1
O.Reg 8/08
LICENSES UNDER PART VI OF THE ACT – EXCLUDING MARINE ARCHAEOLOGICAL SITES
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.
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.
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.
O.Reg 170/04
DEFINITIONS
Definitions
1. For the purposes of the Act and the regulations,
“archaeological fieldwork” means any activity carried out on, above or under land or water for the purpose of obtaining and documenting data, recovering artifacts and remains or altering an archaeological site and includes monitoring, assessing, exploring, surveying, recovering and excavating; (“travaux archéologiques sur le terrain”)
“archaeological site” means any property that contains an artifact or any other physical evidence of past human use or activity that is of cultural heritage value or interest; (“site archéologique”)
“artifact” means any object, material or substance that is made, modified, used, deposited or affected by human action and is of cultural heritage value or interest; (“artefact”)
“marine archaeological site” means an archeological site that is fully or partially submerged or that lies below or partially below the high-water mark of any body of water. (“site archéologique marin”) O. Reg. 170/04, s. 1.