Nunavut Land Claims Agreement

ARTICLE 34

ETHNOGRAPHIC OBJECTS AND ARCHIVAL MATERIALS

PART 1
DEFINITIONS AND INTERPRETATION

34.1.1
In this Article:

"ethnographic object" means an object made, modified or used by man and collected and documented for the interpretation and descriptive study of human culture;

"archival materials" means unpublished or unique material of a documentary nature which may shed light upon the past.

34.1.2
Nothing in this Article shall be interpreted so as to conflict with Article 33.

34.1.3
This Article shall apply to marine areas.

PART 2
GENERAL

34.2.1
Any ethnological programs in the Nunavut Settlement Area that are administered by Government shall conform, at a minimum, to the employment and training provisions set out in Article 23.

PART 3
ETHNOGRAPHIC OBJECTS

34.3.1
The Canadian Museum of Civilization and any territorial government ethnographic agency shall endeavour at all times to lend a maximum number of ethnographic objects to institutions in the Nunavut Settlement Area such as the Trust.

34.3.2
Where the Trust requests the loan of any ethnographic objects originating in or relating to the Nunavut Settlement Area, and in the possession of a federal or territorial government ethnographic agency, including the Canadian Museum of Civilization, the National Archives of Canada and the Canadian Parks Service or territorial government agency, such request shall not be refused unless:

(a)
the Trust is unable to maintain the object without risk of damage or destruction, including provision for climate control and security;

(b)
the Trust is unable to provide access to the object commensurate with scientific or public interest;

(c)
the agency is unable to lend the object because of a term or condition of its original acquisition from a non-governmental source;

(d)
the Canadian Museum of Civilization, the National Archives of Canada, the Canadian Parks Service or territorial government agency requires the object;

(i)
for its own active display or research, or,

(ii)
on account of the unique characteristics of the object;

(e)
the condition of the object prohibits its movement; or

(f)
the object has been previously lent to, and is in the possession of, a party other than a federal or territorial government agency.

34.3.3
Where the agency referred to in Section 34.3.2 complies with a request by the Trust, the agency may attach any terms or conditions consistent with professional and institutional practice, including terms or conditions dealing with duration or termination of the loan.

34.3.4
Where the Trust requests the loan of an object mentioned in Section 34.3.2, but such object is currently on loan to a party other than a federal or territorial government agency, the Trust shall have priority over all other persons to obtain a loan of the said object, subject to compliance with any conditions outlined in Sections 34.3.2 and 34.3.3.

PART 4
ARCHIVAL MATERIALS

34.4.1
Where the Trust requests the loan of original archival materials relating to the Nunavut Settlement Area for display or exhibit, or copies of archival material for research or study purposes, from the National Archives of Canada, the Canadian Museum of Civilization or any territorial government archival agency, such request shall be treated on at least as favourable a basis as similar requests from any other institutions.