PART XV

CULTURE AND LANGUAGE

175. Westbank First Nation has jurisdiction in relation to preservation, promotion and development of Okanagan culture and language on Westbank Lands including:

1. the management, preservation and protection of archaeological sites on Westbank Lands including the issuance of permits and licences for excavation of archaeological sites;



2. the management, disposal and development of, and access to burial sites and heritage sites which are located on Westbank Lands and which are of spiritual or religious significance to Members;



3. the conservation, management and disposal of objects on Westbank Lands which are of religious or cultural significance to Members;



4. use, preservation and promotion of Okanagan language; and



5. authorization or accreditation for the use, reproduction and representation of Okanagan cultural symbols and practices and the teaching of Okanagan language on Westbank Lands.

176. Except as otherwise provided in this Agreement, in the event of a conflict between Westbank Law in relation to Okanagan language and culture on Westbank Lands and federal law, Westbank Law shall prevail to the extent of the conflict.

177. Canada and Westbank First Nation recognize the integral role of Okanagan artifacts in the continuation of Okanagan culture, values and spiritual practices for Westbank First Nation.

178. Canada and Westbank First Nation recognize Westbank First Nation's traditional and sacred connection with Okanagan artifacts regardless of whether such artifacts are held by Westbank First Nation or the Canadian Museum of Civilization.

179.

1. Canada has no human remains as documented as having come from Westbank Lands. In the event that human remains having come from Westbank Lands are discovered in Canada's possession, Canada shall treat those remains in accordance with existing federal legislation, policies and procedures.



2. Canada and Westbank First Nation shall negotiate and attempt to reach agreement regarding the possible return of Okanagan artifacts reasonably attributable to Westbank First Nation held by the Canadian Museum of Civilization to Westbank First Nation.



3. The Canadian Museum of Civilization and Westbank First Nation shall negotiate and attempt to reach agreements to establish the custodial arrangements in respect of Okanagan artifacts reasonably attributable to Westbank First Nation still remaining with the Canadian Museum of Civilization.



4. The agreements negotiated pursuant to subsection 179(c) shall respect the special relationship of the Westbank First Nation and the Okanagan cultural material reasonably attributable to Westbank First Nation and shall comply with federal law and the statutory mandate of the Canadian Museum of Civilization, and may include:



1. identification of the Okanagan artifacts reasonably attributable to Westbank First Nation to be in the possession of Westbank First Nation or the Canadian Museum of Civilization at the commencement of any particular agreement;
2. conditions of maintenance, storage and handling of the Okanagan artifacts reasonably attributable to Westbank First Nation;
3. conditions of access to and use, including study, display and reproduction, of the Okanagan artifacts reasonably attributable to Westbank First Nation and associated records by the public, researchers and scholars;
4. provision for incorporating new information into catalogue records and displays of the Okanagan artifacts reasonably attributable to Westbank First Nation; and
5. provision for enhancing public knowledge of the Westbank First Nation through the participation of the Westbank First Nation in public programs and activities at the Canadian Museum of Civilization.

180. Canada shall use reasonable efforts to facilitate Westbank First Nation's access to Okanagan artifacts held in other public and private collections.

181. Westbank First Nation shall be treated as a public authority designated pursuant to subsection 32(2) of the Cultural Property Export and Import Act subject to:

1. availability of a Westbank First Nation facility which meets accepted Canadian museological standards for long term storage and display of donated cultural artifacts; or



2. availability, through long term agreement between Westbank First Nation and an institution or public authority designated pursuant to subsection 32(2) of the Cultural Property Export and Import Act, of facilities for long term storage and display of donated cultural artifacts.

182. The official language of Westbank First Nation is Okanagan. Westbank Law and other business of Westbank First Nation government shall be written and conducted, as the case may be, in the English language. At the discretion of Westbank First Nation, the Constitution may also be written in the Okanagan language.

183. Services provided by a federal institution, as defined in the Official Languages Act, shall be provided in accordance with that Act and that Act shall prevail over Westbank Law to the extent of any conflict.

184. For greater certainty, a federal institution, as defined by the Official Languages Act, does not include Westbank First Nation, Council or other body established to perform a governmental function in relation to Westbank First Nation.

185. Until such time as the coming into force of the first Westbank Law enacted pursuant to the jurisdiction described in this Part, section 91 of the Indian Act shall continue to apply.

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