PLEASE NOTE: The First Peoples’ Heritage, Language, and Culture Council provided this template as a starting point for you to work from to develop your own protocol agreements with researchers. The FPHLCC cannot guarantee the legal effect of a First Nations community or organization completing, adapting, or using this template, and recommends that any user obtain legal advice on the use of this document in the particular circumstances they are considering.
AGREEMENT
(Adapted from a document prepared by the Heiltsuk Cultural Education Centre.)
BETWEEN: [full name and address of researcher]
AND: [full name and address of First Nation, Tribal Council, etc.]
RE: Research in [First Nation, Tribal Council, etc.] Territory
I, [full name of researcher], propose to undertake the following research project in [First Nation, Tribal Council, etc.] Territory, in accordance with Guidelines for Researchers / Access to Information.
[Attach detailed project description, per section 2 (c), RULES and PROCEDURES, Guidelines.]
In return for permission to conduct this research project in [First Nation, Tribal Council, etc.] Territory, to use the resource files of the [First Nation, Tribal Council, etc.], and for assistance from [First Nation, Tribal Council, etc.] members in conducting this research, I agree to the following terms:
a) all audio/visual recordings, documented notes, and research findings gathered through the research will belong to the [First Nation, Tribal Council, etc.] and the [First Nation, Tribal Council, etc.] will have the right to copyright;
b) original audio/visual recordings and copies of field notes must remain with the [First Nation, Tribal Council, etc.], while copies of all audio/visual recordings and originals of notes, transcripts, and other records may be kept by the researcher unless otherwise specified by the [First Nation, Tribal Council, etc.]
c) all information gathered in the research work will be available for examination at any time by the [First Nation, Tribal Council, etc.]
d) all findings of the research will be given to the [First Nation, Tribal Council, etc.], and to all the consultants involved, in draft form prior to publication;
e) approval of the [First Nation, Tribal Council, etc.] must be obtained, in writing, regarding any aspects of publication of research findings;
f) any commentary that the [First Nation, Tribal Council, etc.] may wish to make on the publication will be included in the published version;
g) an expected completion date will be specified;
h) the researcher will furnish the [First Nation, Tribal Council, etc.] with copies of all reports and publications resulting from the research project.
AGREED THIS ____ DAY OF ______, 20__
SIGNATURES:
______Researcher
______[First Nation, Tribal Council, etc.]
______Hereditary Chiefs [if applicable]
______Cultural / Education Centre [if applicable]
______Thesis / Academic Advisor [if applicable]
PLACE: ______