Introduction

Human populations have occupied Northeastern BC for at least 10,000 years. Archaeologists study the evidence left behind by these previous occupations, such as preserved materials (artifacts) and activity indicators, such as rock art and culturally modified trees. An archaeological or heritage site is a location where this evidence is present. The protection of archaeological sites in BC is governed by the Heritage Conservation Act, (RSBS 1996 Chap 187).

Archaeological sites in Northeastern BC range from small temporary campsites occupying a small knoll in the muskeg to sites of over a kilometre long on large ridges or the banks of major rivers. A small site may consist of only a few artifacts, while a large site may consist of tens of thousands. Sites are generally located in areas that were (and usually still are) favourable for camping, fishing or hunting. Sites are usually identified by the presence of stone tools, the debris from manufacturing these tools, and occasionally from the presence of culturally modified trees. Artifacts are either found on the surface of disturbed or eroding terrain, or recovered from test pits excavated during the assessment process.

The Oil and Gas Commission Heritage Conservation Program staff members work with stakeholders to ensure the protection of heritage and archaeological resources and compliance with heritage legislation, protocols and policies.

Legislation

Archaeological or heritage sites are defined by the Heritage Conservation Act as “land, including land covered by water, that has heritage value to British Columbia, a community or an aboriginal people”. Archaeological sites and objects predating 1846 are automatically protected under Section 13 of the Heritage Conservation Act, although the Act also contains provisions to protect other sites considered to have heritage value. 

Section 13 (2) of the Act requires that archaeological sites may not be destroyed, excavated, or altered without a permit issued under Section 12 or Section 14 of the Act. Section 14 of the Act allows for permits to be issued to a qualified archaeologist to conduct a “heritage inspection” or a “heritage investigation”. The purpose of a heritage inspection is to determine whether archaeological resources are likely to be impacted during the construction of a project. A heritage investigation is undertaken to recover information that might otherwise be lost as a result of site alteration. 

Because all archaeological sites are protected under the Act, regardless of whether they have been previously identified or disturbed, anyone conducting ground altering activities must exercise due diligence in preventing impact to archaeological sites. This usually includes hiring an archaeological consultant to assess potential impacts so that these impacts may be avoided or mitigated.  If archaeological resources are identified during construction of a development, all work in the vicinity must stop immediately and the OGC Heritage Conservation Program staff must be contacted for site management direction. 

Individuals and corporations found to have destroyed, excavated or altered an archaeological or heritage site in contravention of Section 13(1) or (2) of the Heritage Conservation Act may be liable for fines of up to $1,000,000 or two years’ imprisonment. An employee, officer, director or agent of a corporation who authorized, permitted or acquiesced in the offence is also liable. 

In addition to overseeing the archaeological requirements for OGC applications, a protocol agreement with the Ministry of Tourism, Sport and the Arts allows the OGC Cultural Heritage Program staff the responsibility to administer some provisions of the Heritage Conservation Act within Northeastern BC. This includes monitoring and ensuring compliance by archaeologists with terms and conditions of permits issued under Section 14 of the Heritage Conservation Act.  The OGC also issues alteration permits under Section 12 of the Act, and ensures compliance by industry applicants with terms and conditions of these permits.

Performance-based Approach 

Archaeology applications to the OGC use a performance-based approach where the client takes on the responsibility for ensuring that archaeological resources are not at risk from construction of the proposed development. The OGC cultural heritage program staff do not review every application, although all impact mitigation measures for archaeological sites must be approved by the OGC Cultural Heritage Program staff prior to the start of construction. The OGC Cultural Heritage Program staff will monitor compliance with applicable legislation and guidelines by conducting periodic audits of clients’ management systems and field operations as they apply to all aspects of archaeological work. A detailed description of this process is found in the Guidelines for the B.C. Oil and Gas Commission Performance-Based Approach to Archaeological Assessments.

The Archaeology Audit Program 

As part of the performance based framework, the OGC's Archaeology Audit Program (AAP) will conduct annual audits to ensure that industry’s processes are achieving the desired outcomes as described in the Guidelines. The audit procedure is described in the BC Oil and Gas Commission 2008 Archaeological Audit Program Procedure Manual (to be released in April 2008).

Application Process for Archaeology 

An Archaeological Assessment Information Form (AAIF) must be completed and submitted with each application. The AAIF indicates whether or not an archaeological assessment is required for the proposed development. The Guidelines for the B.C. Oil and Gas Commission Performance-Based Approach to Archaeological Assessments contains instructions for the completion of the AAIF. The archaeological assessment does not need to be completed before the application is submitted. However, if the AAIF indicates that an assessment is necessary, then the assessment must be completed and the report in the hands of the clients/agents prior to the start of construction. All potential risks to archaeological resources, if any, must be mitigated and all mitigation strategies must be approved by the OGC Cultural Heritage Program staff prior to construction. 

Oil and gas applicants are responsible for ensuring that the appropriate archaeological assessment work is carried out and that all necessary information, including assessment reports, is submitted to the OGC in a timely manner. Applicants will be responsible for ensuring that qualified persons and permitted archaeologists are used and relied upon according to these guidelines. The details of permit eligibility can be found at http://www.tsa.gov.bc.ca/archaeology/policies/heritage_permits.htm. The client should work closely with their contracted archaeologist to ensure archaeological obligations are fulfilled.  

Types of Archaeological Assessments 

Assessments as they relate to the oil and gas industry may include the following: 

• Overview Assessment/Map Study: This type of review is completed without a field visit, and is based on information about terrain, hydrology, vegetation and other physiographic characteristics as determined from survey plans, forest cover maps, orthophotos, archaeological databases and other sources of information. An overview determines the likelihood that a project area contains archaeological resources. An overview assessment is often completed as part of the assessment for a geophysical program to determine whether known sites are in conflict with or near the proposed project. In this case the overview assessment may recommend that the sites be flagged for avoidance prior to construction. Some clients also request an overview assessment for their files when submitting an AAIF that recommends that no further work is required prior to construction.
   

• Preliminary Field Reconnaissance (PFR) and Archaeological Impact Assessment (AIA): Both of these types of assessment involve a field inspection, where the archaeologist determines in the field whether there are physiographic features within the project area that indicate that there is the potential for archaeological resources  to be present. Generally, the archaeologist looks for features that would be, or have been in the past, good locations for activities such as camping, hunting or fishing. During an AIA, test pits measuring about 40 cm square and 20-40 cm deep are excavated and the soil is inspected for artifacts. During the winter when the ground is frozen, these test pits are extracted using concrete saws and Pulaski axes, bagged, and thawed and examined at the office. A PFR refers to a field inspection where no subsurface testing is conducted. This can occur if the client has requested a preliminary report before further testing is conducted, or because no areas with features indicative of archaeological potential were observed during the field assessment. Within the last few years archaeologists in northeastern BC have begun to refer to all field inspections done under a Section 14 inspection permit as AIAs.
   

• Selective Post Archaeological Assessment: A selective post assessment is only allowed for geophysical programs. Only areas found to show features consistent with archaeological potential and where the surface of the soil has been exposed by the construction process are subject to surface inspection and subsurface testing. Lines that have been constructed using handcut, mulcher cut or existing geophysical lines rarely require inspection and companies that use a low impact approach can greatly reduce the costs of the archaeological assessment.

Forms and Guidelines

Archaeology Forms and Guidelines are available from the Archaeology Forms and Archaeology Guidelines sections of the OGC website.