The Nova Scotia Legislature

The House adjourned:
October 26, 2017.

Bill No. 40

Oak Island Treasure Act (amended) and Special Places Protection Act (amended)

An Act to Amend Chapter 39 of the Acts of 2010, the Oak Island Treasure Act, and Chapter 438 of the Revised Statutes, 1989, the Special Places Protection Act

Introduced by:
Honourable Denise Peterson-Rafuse
Chester - St. Margaret's

First Reading
Second Reading Debates
Second Reading Passed
Law Amendments Committee
Committee of the Whole House
Third Reading Debates
Third Reading
Royal Assent

Explanatory Note

Clause 1 repeals provisions of the Oak Island Treasure Act that allow

(a) the Minister to issue or renew a treasure-hunting licence; and

(b) a licence holder to retain treasure discovered and recovered upon payment of a royalty.

Clause 2 cancels all existing treasure-hunting licences as of the coming into force of this Clause.

Clause 3 amends the Special Places Protection Act to add Oak Island treasure to the definition of “heritage object”.

Clause 4 directs the Minister to designate Oak Island as a protected site.

Clause 5 requires a permit holder to report any heritage objects the permit holder finds.

Clause 6 allows persons whose existing treasure-hunting licences are cancelled by Clause 2 and who are issued a heritage research permit within six months of the cancellation to retain any coins or gold or silver bars discovered and recovered by the person, subject to a requirement to deliver a portion of the coins or bars, as selected by the archaeologist appointed by the Government of Nova Scotia, to the Nova Scotia Museum or another public institution, to become the property of Nova Scotia.

Clause 7 requires the holder of a heritage research permit to pay the expenses in relation to an archaeologist appointed by the Government of Nova Scotia to monitor the site of any explorations or excavations carried out on Oak Island.

Clause 8 requires anyone who does not hold a heritage research permit to report the discovery or recovery of any heritage object, even if the person has a permit under the Oak Island Treasure Act or the former Treasure Trove Act.