Guidelines for Early Mineral Exploration in Manitoba

BMP 17 – Heritage Resources

General

Heritage Resources in Manitoba are very diversified. From archaeological sites, to designated buildings, to vestiges of natural landscapes, culturally modified landscapes, historical era sites, fossil specimens, and even historical mining infrastructure, the definition of Heritage Resources is broad. The definition can be found in The Heritage Resources Act.

In Manitoba, there are currently over 915 designated heritage sites, recognized for their significance under either provincial or municipal authority. There are also 77 sites with national designations. These sites have gone through rigorous study, analysis, and statutory processes to achieve designation. Their protection is registered through the appropriate land titles office and the designation remains with the land title.

Prior to staking, it is recommended to reach out to all engaged and potentially impacted Indigenous Nations to inform them of the planned staking activities and to gather information on sensitive or traditional practice areas (e.g., hunting, trapping, plant gathering, fishing). A confidentiality agreement may have to be signed to safeguard the proprietary information. Once staking is completed, prior to any exploration work (trail building, soil sampling, mapping, stripping, drilling etc.) it is recommended to continue with regular engagement meetings (e.g., quarterly meetings with Elders, Youth and Resource users/Knowledge Holders and/or Leadership) to discuss the proposed work scope for the next 3-6 months and to discuss approximate locations based on high impact (e.g., mechanical Trenching, drilling etc.) and low impact (mapping, soil sampling etc.) disturbance work.

It is recommended to ask the First Nation(s), Indigenous community or Métis community or other Stakeholders or Rightsholders, if they are aware of any sensitivities within the proposed “general” work locations (perhaps using a large-scale map to facilitate the discussion). The specifics of what the sensitivity is not required but knowing an adequate buffer area surrounding the site or if any specific mitigations or program adaptations are required (e.g.: adjusting time of year work is done that conflicts with traditional practices, modifying trails to stay away from sensitive areas, etc.) is important information. As long as adjustments are technical and economically feasible, it is possible to adhere to the recommendations, otherwise need may arise to potentially mitigate or avoid the specific area altogether.

Before entering the work location, a First Nation designate (if available) can be invited to a site visit of the proposed area to additionally identify sensitivities on the ground. This site visit also occurs during the work scope and post program to inspect if the site has been cleaned up appropriately. All inspections and the quarterly meetings are recorded and signed by the First Nation(s). Communication between exploration companies and local communities should be as transparent as possible with regular updates to work plan and activities.

The Heritage Resources Act (Manitoba) provides for the ability to recognize and designate Heritage Resources as one way to ensure the protection of heritage in the province. This legislation also provides the province with the ability to require that Heritage Resources Impactassessments (HRIAs) be performed prior to the start of a project. HRIAs are typically conducted in the summer months and this timing should be considered within project planning stages. It also provides a broad framework that supports the overall intent, through various mechanisms and sections of the Act, of protection and conservation of Heritage Resources in the province.

It’s important to note that all heritage objects and human remains are afforded clear protection in Manitoba. Any person, corporation or entity is prohibited from damaging, destroying or altering heritage objects and human remains. Heritage objects include artifacts that are archaeological and palaeontological in nature. According to Section 51, No person shall destroy, damage or alter any heritage object, whether or not the person is the owner thereof, or any human remains.

Currently, there are over 8,900 places where Heritage Resources and/or burials have previously been recorded. Through development activity, new research, and a variety of uses and presence on the land, the number of recorded sites increases every year.

Because sites have been recorded since the arrival of early explorers and most sites have not been subject to further study, there is a limit on knowledge available to ensure all persons effectively meet the obligations of the Act to not destroy, alter or damage Heritage Resources.

Although GPS technology now allows us to track and pinpoint areas with greater certainty, older data and maps carry limits on their exactitude. The fact that most of these sites have not been subject to further study often means that the extent and precise locations of the Heritage Resources in that area have not been verified.

Consider Heritage Resources as integral to early planning activities:

  • Request a pre-screening for existing recorded Heritage Resources and/or burials by submitting areas of interest for future work to Manitoba’s Historic Resources Branch (HRB).
  • Use the knowledge, recommendations, or requirements in the pre-screening review to modify areas of interest/impact, avoid areas containing Heritage Resources, or plan accordingly to perform Heritage Resources impact assessments (HRIAs), which must occur without snow cover and in frost-free conditions.
  • Use the pre-screening review to consider how you can avoid impact to unrecorded Heritage Resources and/or human remains, minimize your risk of unplanned delays or costs, and foster relationships with local communities.

Consider potential impacts on Heritage Resources:

  • Where possible, use existing access roads, trails, and camp sites to reduce impacts to buried Heritage Resources.
  • Where possible, situate camps and access infrastructure 100m from lakes, rivers and other bodies.
  • Examine travel, work, and camp areas to ensure that Heritage Resources are not present.
  • Minimize Trenching, stripping, grubbing and tree clearing activities to avoid unnecessary ground disturbance.
  • Always refine or narrow the project footprint before project activities commence to lessen the extent of potential impacts on the surrounding landscape.

Retain the services of a heritage consultant to support you with the following:

  • Assisting with the development of site-specific mitigations and working with the HRB to modify work plans to address heritage concerns.
  • Performing HRIAs on your behalf when required.
  • Providing regional-specific training on the identification of Heritage Resources to your employees, contractors and subcontractors.
  • Assisting with engaging communities for increased participation in the HRIA process.
  • Assisting with developing broader Heritage Resources Management Plans to address long-term planning, including how the impact to any discovered Heritage Resources will be mitigated.

Implement a Heritage Resources Protection Plan (HRPP):

  • Ensures that all persons associated with your work know what to do and who to contact when/if Heritage Resources and/or burials are encountered.
  • Ensures that all persons associated with your work are aware of the types of Heritage Resources that are likely to be encountered during the project.
  • Ensures that all persons associated with the project are knowledgeable regarding how Heritage Resources and/or burials are protected in Manitoba.
  • See Heritage Resource Protection Template
  • See Statement of Responsibilities

Understand the importance of Heritage Resources and burial places to Indigenous peoples:

  • Consider gathering local knowledge from communities to understand where there may be areas of cultural significance or sensitivity.
  • Consider including heritage monitors from concerned communities to assist with the implementation of the HRPP and any HRIA work, as required.
  • Consider collaborating with concerned communities in the development of a Heritage Resources Management Plan for your activities in an area.

NOTE: Costs associated with damaging a heritage site are $50,000 per day and may also require additional re-interment costs.

CONTACTS

Sport, Culture, Heritage and Tourism

Historic Resources Branch
Main Floor – 213 Notre Dame
Winnipeg MB R3B 1N3
204-945-2118
HRB.archaeology@gov.mb.ca

REGULATIONS AND ACTS

M162 – The Mines and Minerals Act
C340 – The Crown Lands Act 
H39.1 – The Heritage Resources Act