Federal lands are subject to the National Capital Act and federal projects require approvals from the National Capital Commission. The federal government's Archaeological Heritage Policy Framework (Department of Canadian Heritage 1990) states that:
- "as heritage protection is an essential element of our Canadian identity, and as our archaeological heritage is a source of inspiration and knowledge, it is the policy of the Government of Canada to protect and manage archaeological resources."
In order to realize these objectives on all lands and waters under federal jurisdiction, the Federal Archaeology Office of the Department of Canadian Heritage (DCH), has an advisory role for the protection and management of all archaeological resources on all lands and waters under federal jurisdiction.
National parks, national historic sites, national marine conservation areas, and historic canals are the direct responsibility of DCH, through the auspices of Parks Canada, as are those lands managed under cost-sharing and co-operative agreements. Parks Canada's activities are primarily mandated through the National Parks Act, the Historic Sites and Monument Act, as well as the Historic Canals Policy, and are described in Parks Canada Guiding Principles and Operational Policies: Cultural Resource Management Policy (1994) and Guidelines for the Management of Archaeological Resources in the Canadian Parks Service (1993).
The Federal Archaeology Office is also recognized as an "expert department" for matters involving implementation of specific legislation in the Canadian Environmental Assessment Act (1992), where it is outlined that the Government of Canada seeks to conserve environmental quality and identify and reduce potential environmental effects of those projects on federal lands that may have environmental impacts, (Section 2.1 [Definitions]).
An "environmental effect", in respect of a project, is defined to include:
- "any change that the project may cause in the environment, including any effect of any such change on health and socio-economic conditions, on physical and cultural heritage, on the current use of lands and resources for traditional purposes by aboriginal persons, or on any structure, site or thing that is of historical, archaeological, paleontological or architectural significance....."