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Heritage Lighthouse Protection Act

The Act

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(Annotations added by website editor, February 2011 in italics)

CANADA
CONSOLIDATION
Heritage Lighthouse Protection Act
S.C. 2008, c. 16
Current to June 30, 2010
Published by the Minister of Justice at the following address:
http://laws-lois.justice.gc.ca
2008, c. 16


An Act to protect heritage lighthouses
[Assented to 29th May 2008]

Preamble
WHEREAS lighthouses have long graced Canada’s rugged coastlines and majestic shores, providing and symbolizing direction, hope and safe harbour to generations of mariners; AND WHEREAS lighthouses form an integral part of Canada’s identity, culture and heritage, and are of historic and aesthetic interest and significance to our communities and our nation;
AND WHEREAS communities in the areas in which lighthouses are situated have an important role in the conservation and protection of heritage lighthouses and in ensuring a public purpose for them;
AND WHEREAS it is important to provide access to heritage lighthouses in order for people to understand and appreciate the contribution of those lighthouses to Canada’s maritime heritage;
AND WHEREAS the Parliament of Canada recognizes that measures must be taken to conserve and protect our heritage lighthouses;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


SHORT TITLE

Short title
1.
This Act may be cited as the Heritage Lighthouse Protection Act.

Act in its official form - local link


INTERPRETATION

Definitions

2.
The following definitions apply in this Act.

“advisory committee"
"
advisory committee” means the advisory committee
established by the Minister under section 10.

Historic Sites and Monuments Board of Canada
http://www.pc.gc.ca/clmhc-hsmbc/index_e.asp

“alter"
"
alter” includes to restore or renovate, but does not include to perform routine maintenance and repairs.

“established criteria"
"
established criteria” means the criteria established by the Minister under paragraph 16(a).

“heritage lighthouse"
"
heritage lighthouse” means a lighthouse designated as a heritage lighthouse under this Act, and includes any related building that is included in the designation.

“lighthouse"
"
lighthouse” means a tower or other structure, including its fixtures, that was built to contain, contains, or once contained a beacon light or other signal to warn or guide marine vessels, whether or not it is now in use as an aid to navigation.

“Minister"
"
Minister” means the Minister responsible for the Parks Canada Agency.

“related building"
"
related building”, in relation to a heritage lighthouse, means any building on the site on which the lighthouse is situated that contributes to the heritage character of the lighthouse.


PURPOSE AND APPLICATION

Purpose
3.
The purpose of this Act is to conserve and protect heritage lighthouses by
(a) providing for the selection and designation of heritage lighthouses;
(b) preventing the unauthorized alteration or disposition of heritage lighthouses;
(c) requiring that heritage lighthouses be reasonably maintained; and
(d) facilitating sales or transfers of heritage lighthouses in order to ensure the lighthouses’ public purpose.


Application
4.
This Act applies to lighthouses that are the property of Her Majesty in right of Canada.

The Act does NOT apply to lighthouses that are now privately owned, or owned by a province or by a municipality.

Binding on Her Majesty
5.
This Act is binding on Her Majesty in right of Canada.


DESIGNATION OF HERITAGE LIGHTHOUSES

Designation by the Minister
6.
(1) The Minister may, at any time, taking into account the established criteria, designate a lighthouse to be a heritage lighthouse for the purposes of this Act.

Inclusion of related structure
(2) The designation of a lighthouse may include any related building that the Minister considers should be included in the designation, taking into account the established criteria.

Definition of “petition”
7.
(1) In this section, “petition” means a petition that a specified lighthouse be designated as a heritage lighthouse that is
(a) signed by at least 25 persons who are resident in Canada and are 18 years of age or older, and whose names and addresses appear in printed form on the petition; and
(b) received by the Minister within two years after the coming into force of this Act.

Must be received by Parks Canada not later than May 29, 2012.

Consideration within five years
(2) Within five years after the coming into force of this Act, the Minister must, taking into account the established criteria,
(a) consider all lighthouses in respect of which the Minister receives a petition; and
(b) determine which of them should be designated as heritage lighthouses and whether any related buildings should be included in the designations, and make the appropriate designations.

Must be done before May 29 2015.

Surplus lighthouses
8.
(1) For two years beginning with the coming into force of this Act, every Minister of the Crown in right of Canada who has the administration of lighthouses must maintain and make available to the public a list of those lighthouses that he or she considers to be surplus to the operational requirements of the portion of the federal public administration for which he or she is responsible.

List of surplus lighthouses must be maintained by federal departments until May 29, 2012.
Lighthouse must be "surplus to the operational requirements" of the federal department concerned.
Fisheries and Oceans Canada currently has 241 major lightstation sites and approximately 500 minor fixed aids to navigation that the public may generally perceive as lighthouses and that are representative of the types of buildings and structures that communities have expressed interest in protecting.
Parks Canada, which is responsible for protecting and presenting nationally significant examples of Canada's natural and cultural heritage, currently owns several lighthouses, five of which are commemorated as national historic sites. Lighthouses belonging to Parks Canada are eligible for designation under the Act. None of Parks Canada’s lighthouses are considered surplus to its operational requirements.


Commitment
(2) A surplus lighthouse may only be designated as a heritage lighthouse if a person or body submits a written commitment to buy or otherwise acquire the lighthouse and to protect its heritage character in the event that it is designated as a heritage lighthouse.

Publication of list of lighthouses considered
9.
Within 90 days after the expiration of the five-year period referred to in subsection 7(2),the Minister must publish, in the Canada Gazette, a list of all lighthouses that the Minister has considered for designation as heritage lighthouses under this Act, indicating, for each lighthouse, whether or not it has been designated as a heritage lighthouse.
List must be published by August 27, 2015

Advisory committee
10.
The Minister must establish an advisory committee to advise and assist the Minister on matters relating to heritage lighthouses, including the designation and protection of heritage lighthouses and the establishment of criteria for their designation, alteration and maintenance.

Historic Sites and Monuments Board of Canada
http://www.pc.gc.ca/clmhc-hsmbc/index_e.asp


Consultation with the advisory committee
11.
The Minister must consult with the advisory committee, and may consult with any other persons or bodies that the Minister considers appropriate, before determining whether a lighthouse should be designated as a heritage lighthouse and whether any related building should be included in the designation.



PROTECTION OF HERITAGE LIGHTHOUSES

Alterations
12.
(1) A heritage lighthouse, or any part of it, may only be altered in accordance with the criteria and procedures established under paragraph 16(b).

Exception
(2) Subsection (1) does not apply in respect of an alteration made to a heritage lighthouse
(a) in response to an emergency situation or an urgent operational requirement; or
(b) for operational reasons, if the alteration does not affect the heritage character of the heritage lighthouse.

Notice of transfer or sale
13.
(1) A heritage lighthouse, or any part of it, may only be transferred to Her Majesty in right of a province or sold if a notice is published at least 90 days before the transfer or sale in one or more newspapers of general circulation in the area in which the lighthouse is situated.

Public meeting
(2) A heritage lighthouse, or any part of it, may only be sold if a public meeting is held on the matter in the area in which the lighthouse is situated, unless the sale is to a municipality or to a person or body that is acquiring the heritage lighthouse for a public purpose.

Protection of heritage character
(3) Any transaction effecting a transfer to Her Majesty in right of a province or a sale must provide for the protection of the heritage character of the heritage lighthouse by any means that the Minister may authorize.

Notice of demolition
14.
(1) A heritage lighthouse, or any part of it, may only be demolished if there is no reasonable alternative and if a notice is published at least 90 days before the demolition in one or more newspapers of general circulation in the area in which the lighthouse is situated.

Public meeting
(2) A heritage lighthouse, or any part of it, may only be demolished if a public meeting is held on the matter in the area in which the lighthouse is situated.

Exception
(3) Subsections (1) and (2) do not apply in respect of the demolition of a heritage lighthouse in response to an emergency situation or an urgent operational requirement.

MAINTENANCE OF HERITAGE LIGHTHOUSES

Duty to maintain
15.
The owner of a heritage lighthouse must maintain it in accordance with the criteria established under paragraph 16(c).

GENERAL

Criteria
16.
The Minister must
(a) establish criteria to be taken into account in considering whether a lighthouse should be designated as a heritage lighthouse and whether any related building should be included in the designation;

An eligible lighthouse will be recommended for designation when it receives a minimum score after being evaluated against the Criteria for the Designation of Heritage Lighthouses

(b) establish criteria and procedures respecting the alteration of heritage lighthouses that are in keeping with national and international standards for the conservation of heritage properties; and
see below

(c) establish criteria for the maintenance of heritage lighthouses that are in keeping with national and international standards for the conservation of heritage properties.
Standards and Guidelines for the Conservation of Historic Places in Canada  (ISBN 0-662-34897-4) 174pp
This is the first Canada-wide set of standards and guidelines for heritage conservation.  They have been developed by the Working Group on Standards and Guidelines as part of the Historic Places Initiative, a pan-Canadian collaboration between the federal, provincial and territorial governments to create new tools in support of heritage conservation in Canada.
http://www.pc.gc.ca/docs/pc/guide/nldclpc-sgchpc/page4/~/media/docs/pc/guide/nldclpc-sgchpc/nldclpc_sgchpc_e.ashx


RELATED AMENDMENTS TO THE PARKS CANADA AGENCY

17.
[Amendment]
18. [Amendment]


COMING INTO FORCE

Coming into force
*
19. This Act comes into force on the day that is two years after the day on which it receives royal assent, or on an earlier day fixed by order of the Governor in Council.

* [Note: Act in force on May 29, 2010.]

 

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