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Heritage Lighthouse Protection Act (S.C. 2008, c. 16)

Assented to 2008-05-29

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Heritage Lighthouse Protection Act

S.C. 2008, c. 16

Assented to 2008-05-29

An Act to protect heritage lighthouses

SUMMARY

This enactment protects federally-owned heritage lighthouses by providing a means for their designation as heritage lighthouses; by providing an opportunity for public consultation before alterations are made to a designated heritage lighthouse; by requiring public notice before the transfer, sale or demolition of a designated heritage lighthouse; and by requiring that designated heritage lighthouses be maintained in a manner consistent with accepted conservation standards.

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

Marginal note:Short title

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

INTERPRETATION

Marginal note:Definitions

2. The following definitions apply in this Act.

“advisory committee”

« comité consultatif »

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

“alter”

« modifier »

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

“established criteria”

« critère établi »

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

“heritage lighthouse”

« phare patrimonial »

“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”

« phare »

“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”

« ministre »

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

“related building”

« bâtiment connexe »

“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

Marginal note: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.

Marginal note:Application

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

Marginal note:Binding on Her Majesty

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

DESIGNATION OF HERITAGE LIGHTHOUSES

Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note: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.

  • Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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).

  • Marginal note: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.

Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note: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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Duty to maintain

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

GENERAL

Marginal note: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;

  • (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

  • (c) establish criteria for the maintenance of heritage lighthouses that are in keeping with national and international standards for the conservation of heritage properties.

1998, c. 31RELATED AMENDMENTS TO THE PARKS CANADA AGENCY ACT

Marginal note:2005, c. 2, s. 3(2)

17. Paragraph (a) of the definition “heritage protection programs” in subsection 2(1) of the Parks Canada Agency Act is replaced by the following:

  • (a) heritage railway stations, heritage lighthouses and federal heritage buildings;

Marginal note:2005, c. 2, s.4

18. Paragraph 4(1)(b) of the Act is replaced by the following:

  • (b) heritage railway stations, heritage lighthouses, federal heritage buildings, historic places in Canada, federal archaeology and Canadian heritage rivers; and

COMING INTO FORCE

Marginal note: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.

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