1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE DARLENE MARZARI
MINISTER OF TOURISM AND
MINISTER RESPONSIBLE FOR CULTURE

BILL 70 -- 1993

HERITAGE CONSERVATION STATUTES

AMENDMENT ACT, 1993

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Assessment Act

1 Section 26 of the Assessment Act, R.S.B.C. 1979, c.21, is amended by adding the following subsections:

(3.5) In determining actual value, the assessor shall give consideration to any terms or conditions contained in a covenant registered under section 215 of the Land Title Act.

(4.2) Notwithstanding any requirement of this section respecting actual value, if, on October 31 following the valuation date under section 25.1, land and improvements, or a portion of the land and improvements, is

(a) designated under section 4 of the Heritage Conservation Act,

(b) designated under section 1022 of the Municipal Act or section 593 of the Vancouver Charter, or

(c) included under section 945 (7) (b) of the Municipal Act in a schedule to an official community plan, the actual value shall be determined by taking into consideration the terms and conditions of the heritage protection of the property.

 
British Columbia Buildings Corporation Act

2 Section 4 (2) of the British Columbia Buildings Corporation Act, R.S.B.C. 1979, c.35, is amended by adding the following paragraph:

(d.1) conserve heritage property; .

 
Capital Commission Act

3 Section 9 (1) of the Capital Commission Act, R.S.B.C. 1979, c.42, is amended by adding the following paragraph:

(c.1) acquire and conserve heritage property and cooperate with any local government in the conservation of heritage property;.

 
Coal Act

4 Section 1 of the Coal Act, R.S.B.C. 1979, c.51, is amended by adding the following definitions:

"cultural heritage resource" means a cultural heritage resource as defined in the Mineral Tenure Act;

"protected heritage property" means protected heritage property as defined in the Mineral Tenure Act;.

5 Section 4 is amended by adding "or a Provincial heritage property established under section 9.1 of the Heritage Conservation Act" after "park created under an Act" and by adding "or Provincial heritage property" after "responsible for the park".

6 Section 5 is amended by adding ", or has contravened the protection of a protected heritage property," after "this Act or the regulations".

7 Section 7 is amended

(a) in subsection (1.1) by adding the following paragraph:

(b.1) protected heritage property except as authorized by the minister or local government responsible for the protection of the heritage property, , and

(b) in subsection (1.2) by adding "is or contains a cultural heritage resource or" after "considers that the surface area".

 
College and Institute Act

8 Section 12 (2) of the College and Institute Act, R.S.B.C. 1979, c.53, is amended by adding the following paragraph:

(g.1) provide for the conservation of any heritage property that is owned by, assigned to or in the possession of the institution;.

 
Forest Act

9 Section 1 (1) of the Forest Act, R.S.B.C. 1979, c.140, is amended by adding the following definition:

"cultural heritage resource" means an object, a site or the location of a traditional societal practice that is of historical, cultural or archaeological significance to the Province, a community or an aboriginal people;.

10 Sections 5 (4) (d), 11 (4) (d), 16.1 (3) (d), 27 (5) (d) and 27.1 (3) (d) are amended by striking out "fisheries and wildlife" and substituting "fisheries, wildlife and cultural heritage".

11 Section 28 (1) (d) (i) is amended by striking out "forest" and substituting "forest, cultural heritage".

12 Section 92 (1) (b) (i) is amended by adding "or cultural heritage resources" after "the natural environment".

 
Heritage Conservation Act

13 Section 1 of the Heritage Conservation Act, R.S.B.C. 1979, c.165, is amended

(a) by repealing the definitions of "council", "heritage" and "municipal heritage site",

(b) by repealing the definitions of "designate", "heritage object", "heritage site" and "Provincial heritage site" and substituting the following:

"designate" means to designate under section 4;

"heritage object" means, whether designated or not, personal property that has heritage value to British Columbia, a community or an aboriginal people;

"heritage site" means, whether designated or not, land, including land covered by water, that has heritage value to British Columbia, a community or an aboriginal people;

"Provincial heritage site" means a heritage site designated under section 4 or a Provincial heritage property established under section 9.1; , and

(c) by adding the following definitions:

"alter" means to change in any manner and, without limiting this, includes

(a) the making of an improvement, as defined in the Builders Lien Act, and

(b) any action that detracts from the heritage value of a heritage site or a heritage object;

"conservation" includes any activity undertaken to protect, preserve or enhance the heritage value of heritage property;

"first nation" means, as the context requires, an aboriginal people sharing a common territory and having a common language, culture and laws at the time when the Crown asserted sovereignty in British Columbia in 1846, or their duly mandated governing body;

"heritage value" means the historical, cultural, aesthetic, scientific or educational worth or usefulness of a site or object;

"heritage wreck" means the remains of a wrecked vessel or aircraft where

(a) 2 or more years have passed from the date that the vessel or aircraft sank, was washed ashore or crashed, or

(b) the vessel or aircraft has been abandoned by its owner and the Crown has agreed to accept the abandonment for the purposes of this Act;

"local government" includes the council of a municipality, the board of a regional district and a local trust committee established under the Islands Trust Act;

"Provincial heritage object" means a heritage object designated under section 4;.

14 Section 3 is repealed and the following substituted:

Provincial heritage register

3 (1) The minister must establish and maintain one or more registers, to be known collectively as the Provincial heritage register, for the recording of the following:

(a) Provincial heritage sites;

(b) Provincial heritage objects;

(c) other known heritage sites and heritage objects that are, in the opinion of the minister, protected under section 6;

(d) buildings, structures and sites for which the minister has received notice from a local government under section 1014 of the Municipal Act or section 586 of the Vancouver Charter.

(2) Subject to subsections (3) and (4), information in the Provincial heritage register shall be open to inspection by any person during regular business hours.

(3) The minister may refuse to disclose information in the Provincial heritage register and other information obtained in the administration of this Act or the Museum Act if any of the following apply:

(a) disclosure of the information could, in the opinion of the minister, result in damage to or interfere with the conservation of a heritage site or heritage object;

(b) disclosure of the information would violate an agreement made under section 3.1;

(c) anthropological information that is of traditional social, spiritual or other cultural importance to a living community

(i) was obtained under conditions of confidentiality, or

(ii) is confidential at the request of representatives of the community whose heritage is represented by the information.

(4) The inspection of information in the Provincial heritage register is subject to reasonable conditions the minister may impose and, without limiting the generality of the foregoing, the minister may require payment of a prescribed fee to inspect the information.

(5) Protection of a heritage site or heritage object is not affected by an error or omission in the Provincial heritage register or, except for a Provincial heritage site or Provincial heritage object, by a failure to register property in the Provincial heritage register.

15 The following sections are added to Part 1:

Agreements with first nations

3.1 (1) The Province may enter into a formal agreement with a first nation with respect to the conservation and protection of heritage sites and heritage objects that represent the cultural heritage of the aboriginal people who are represented by that first nation.

(2) An agreement under subsection (1) must be in writing and must be approved by the Lieutenant Governor in Council.

(3) Subsection (2) does not apply to an agreement that is entered into under section 8.3 (1) (b) or 20 (1) (b).

Act is binding on the Crown

3.2 Notwithstanding section 14 (2) of the Interpretation Act, this Act and the regulations and orders made under it are binding on the Crown.

Act prevails over conflicting legislation

3.3 If, with respect to any matter affecting the conservation of a heritage site or heritage object referred to in section 6 (1) or (2), there is a conflict between this Act and any other Act, this Act prevails.

Provincial heritage policies

3.4 The minister may, with the approval of the Lieutenant Governor in Council, establish policies and standards for the identification, conservation, management and disposition of any heritage site or heritage object owned or managed by the Crown.

No derogation of aboriginal and treaty rights

3.5 For greater certainty, no provision of this Act and no provision in an agreement entered into under section 3.1 abrogates or derogates from the aboriginal and treaty rights of a first nation or of any other aboriginal peoples.

16 Section 4 is repealed and the following substituted:

Heritage designation

4 (1) The Lieutenant Governor in Council may

(a) designate land as a Provincial heritage site, or

(b) designate an object as a Provincial heritage object.

(2) A designation under subsection (1) (a) may apply to land that does not have heritage value if, in the opinion of the Lieutenant Governor in Council, designation is necessary or desirable for the conservation of heritage property that is

(a) designated under this section,

(b) protected under section 6 (2), or

(c) established under section 9.1.

(3) A designation made under this section may do one or more of the following:

(a) apply to a single property or to part of a property;

(b) apply to more than one property;

(c) establish policies or procedures regarding the provision of financial or other support for the conservation of a heritage site or heritage object;

(d) specify types of alterations to the property which may be made without a permit under section 5;

(e) specify policies or procedures concerning the issuing of permits under section 5 with respect to a property.

Designation procedure

4.1 (1) Before a designation is made under section 4, the minister must serve notice of the proposed designation on the following persons:

(a) in the case of land,

(i) all persons who, according to the records of the land title office, have a registered interest in the land to be designated,

(ii) the local government having jurisdiction over the land to be designated, and

(iii) the first nation or first nations within whose traditional territory the land to be designated lies;

(b) in the case of objects,

(i) the person who has possession of the object,

(ii) all parties who, according to the records of the personal property registry established under the Personal Property Security Act, have a registered interest in the object, and

(iii) any other person or party who, in the opinion of the minister, is or may be the owner of the object;

(c) any other prescribed person.

(2) A person or party served with notice under subsection (1) may serve the minister with a notice of objection to the proposed designation within 30 days after receiving the notice of the proposed designation.

(3) On receiving a notice of objection, the minister must review the objection and may then amend or cancel the proposed designation as the minister considers appropriate.

(4) Before a designation is made, the minister must advise the Lieutenant Governor in Council if any notice of objection to the proposed designation has been received and, if so received, provide the Lieutenant Governor in Council with a copy of each notice of objection received, the results of the review of the notice or notices of objection and the terms and conditions of any amendment to the proposed designation.

(5) Within 30 days after

(a) the minister cancels a proposed designation,

(b) the Lieutenant Governor in Council makes a designation, or

(c) the Lieutenant Governor in Council decides not to make a designation, the minister must serve notice on the persons entitled to notice under subsection (1) that a designation has or has not been made.

(6) Within 30 days after a designation is made, the minister must register a description of the designated property in the Provincial heritage register established under section 3 (1) and,

(a) in the case of land, file a notice of the designation in the land title office in the manner provided under section 27, or

(b) in the case of personal property, file a notice of the designation in the personal property registry under the Miscellaneous Registrations Act, 1992.

(7) No designation is invalid because of inadvertent and minor non-compliance with this section.

Compensation for heritage designation

4.2 (1) If a designation under section 4 causes, or will cause at the time of designation, a reduction in the market value of the designated property, the Crown must compensate an owner of the designated property who makes an application under subsection (2), and the compensation shall be in an amount or in a form the minister and the owner agree on or, failing an agreement, in an amount or in a form determined by binding arbitration under subsection (4).

(2) The owner of a designated property may apply to the minister for compensation for the reduction in the market value of the designated property.

(3) An application under subsection (2)

(a) must be made, in order for the owner to be entitled to compensation under this section, no later than one year after the designation under section 4, and

(b) may be made before the designation under section 4.

(4) If the minister and the owner are unable to agree

(a) that the owner is entitled to compensation under subsection (1), or

(b) on the amount or form of compensation, then either the minister or the owner may refer the matter to binding arbitration under the Commercial Arbitration Act.

(5) An arbitration under this section must be by a single arbitrator unless the minister and the owner agree to the appointment of an arbitration panel.

(6) The arbitrator or arbitration panel, in determining whether the owner is entitled to compensation and the amount or form of compensation, must consider

(a) eligibility for financial and other support for conservation of the heritage site or heritage object, and

(b) any other benefits that are available because of the designation of the property.

(7) Compensation must not be paid, and an arbitration must not continue, if

(a) the minister cancels the proposed designation, or

(b) the Lieutenant Governor in Council does not make the designation.

(8) Nothing in this section authorizes the Crown to give any financial or other benefit to an owner except that which is commensurate with the reduction in market value of the designated property as caused by that designation.

(9) This section does not apply to property that, immediately before its designation under section 4, is

(a) designated as a Provincial heritage site,

(b) designated as a heritage object,

(c) protected under section 6 (2), or

(d) designated under section 1022 of the Municipal Act or section 593 of the Vancouver Charter.

17 Section 5 is repealed and the following substituted:

Permits

5 (1) In this section, except in subsection (6), "minister" includes a person authorized in writing by the minister for the purposes of this section.

(2) The minister may

(a) issue a permit authorizing an action referred to in section 6, or

(b) refuse to issue a permit for an action that, in the opinion of the minister, would be inconsistent with the purpose of the heritage protection of the property.

(3) A permit issued under subsection (2) (a) may include requirements and conditions that the minister considers appropriate and, without limiting the generality of this, the permit may

(a) be limited to a specified period of time or to a specified location,

(b) require the holder of the permit to consult with or obtain the consent of one or more parties whose heritage the property represents or may represent,

(c) require the holder of the permit to provide the minister with reports satisfactory to the minister, and

(d) specify a repository for heritage objects that are removed from the heritage site.

(4) Notwithstanding any other enactment, a permit issued under subsection (2) (a) may specify the siting, dimensions, form, exterior design and finish of new construction or renovations to a building or structure.

(5) The minister may, with the concurrence of the holder of the permit, amend, suspend or cancel a permit issued under subsection (2) (a).

(6) The minister may, by order, without the concurrence of the holder of the permit,

(a) amend or suspend a permit issued under subsection (2) (a) if the minister has information that was not considered when the permit was issued respecting the heritage value of heritage property that would be materially affected by an action authorized by the permit, or

(b) cancel a permit issued under subsection (2) (a) if the minister has reasonable and probable grounds to believe that

(i) the application for the permit included information that was false or misleading with respect to a material fact, or that omitted to state a material fact the omission of which makes information in the application false or misleading,

(ii) the holder has contravened or is in default of a requirement or condition of the permit, whether or not the holder is charged with an offence under this Act, or

(iii) the holder has contravened a provision of this Act, whether or not the holder is charged with an offence under this Act.

18 Section 6 is repealed and the following substituted:

Heritage protection

6 (1) Except as authorized by a permit issued under section 5, a person must not remove, or attempt to remove, from British Columbia

(a) a Provincial heritage object,

(b) an aboriginal rock painting or aboriginal rock carving that has historic or archaeological value, or

(c) a heritage object removed from a site protected under subsection (2).

(2) Except as authorized by a permit issued under section 5 or an order issued under section 4 (3) (d) or 7, a person must not do any of the following:

(a) damage, desecrate or alter a Provincial heritage site or a Provincial heritage object or remove from a site any heritage object or material that constitutes part of the Provincial heritage site or Provincial heritage object;

(b) damage, desecrate or alter a burial place that has historical or archaeological value or remove human remains or any heritage object from a burial place that has historical or archaeological value;

(c) damage, alter, cover or move an aboriginal rock painting or aboriginal rock carving that has historic or archaeological value;

(d) damage, excavate, dig in or alter, or remove any heritage object from, a site that contains artifacts, features, materials or other physical evidence of archaeological value with respect to aboriginal habitation or use;

(e) damage or alter a heritage wreck or remove any heritage object from a heritage wreck;

(f) damage, excavate, alter or remove any heritage object from a property that is subject to an order under section 7.1.

(3) Except as authorized by a permit issued under section 5, a person must not damage, alter or remove

(a) a notice erected under section 8, or

(b) a plaque or marker installed under section 8.1.

19 Section 7 is amended

(a) in subsection (1) in the definition of "site survey" by striking out "heritage significance" and substituting "heritage value", and

(b) by repealing subsection (5) and substituting the following:

(5) Subject to subsections (6) and (7), an order under this section authorizes a person conducting the site investigation or site survey to enter, at any reasonable time, land or a building identified in the order for the purposes of the site investigation or site survey.

(6) Nothing in this section authorizes entry into a building on the land without the permission of the occupier or owner unless a warrant is issued under subsection (7).

(7) A justice may issue a warrant authorizing a person to enter land or a building to carry out a site investigation or site survey if the justice is satisfied that

(a) there are reasonable grounds to believe that entry is required to achieve the purposes of an order under this section, and

(b) there are reasonable grounds to believe that

(i) admission has been refused or refusal is anticipated,

(ii) an emergency exists,

(iii) the occupier is temporarily absent,

(iv) the land or building is unoccupied, or

(v) permission of the occupier or owner to enter the land or building would defeat the object of the entry.

(8) A warrant issued under this section continues in force until the purpose for which the entry is required has been satisfied.

(9) If a site investigation or site survey is conducted under the authority of a warrant issued under subsection (7), the person conducting the site investigation or site survey must be accompanied by a peace officer.

(10) A person whose property is damaged during the course of a site investigation or site survey ordered under this section is entitled to have the damage repaired at the expense of the Crown or, if the damage cannot be repaired, to compensation from the Crown.

20 The following sections are added:

Temporary protection orders

7.1 If the minister considers that property has or may have heritage value and is likely to be altered for any reason, the minister may issue, to a person or class of persons, a stop work order that prohibits any alteration of the property for a period of up to 120 days, subject to any requirements and conditions the minister considers appropriate.

Promotion of heritage value

8.1 The minister may acknowledge the heritage value of any heritage site or heritage object by issuing a certificate or, with the permission of the owner, by installing a commemorative plaque or marker.

Unclaimed objects in heritage collections

8.2 (1) A public museum, archive or other heritage conservation organization that has possession of an object that it does not own, or is uncertain as to whether it owns, may apply to the Supreme Court for an order vesting ownership of the object in the museum, archive or organization if one of the following applies:

(a) a reasonable attempt has been made to locate the owner of the object and

(i) at least 25 years have passed since the making of a written agreement with the owner of the object for custody of the object, or

(ii) at least 10 years have passed since the making of an oral agreement with the owner of the object for custody of the object and there is no known written custody agreement;

(b) at least 2 years have passed since the museum, archive or organization gave to the owner of the object a notice of the termination of a custody agreement with respect to the object;

(c) the owner of the object cannot be identified or the circumstances of the acquisition of the object are not known;

(d) the object was acquired from a person who may not have been the true owner.

(2) On application under subsection (1), the court may, with respect to the object that is the subject of the application, make an order vesting ownership of the object in

(a) the museum, archive or organization that made the application, or

(b) any other party the court considers is the most appropriate to own the object having regard to any heritage value the object may possess.

(3) Before making an order under subsection (2), the court must be satisfied that

(a) a requirement of subsection (1) has been met,

(b) the limitation in subsection (6) does not apply,

(c) a reasonable attempt has been made to notify any other parties who may have an interest in the application, and

(d) all parties the court considers to have an interest in the application have been given a reasonable opportunity to be heard.

(4) An order under subsection (2) may include any terms or conditions that the court considers appropriate.

(5) If an order vesting ownership is made under this section, the previous owner has no further claim to ownership of the object or to compensation for the object.

(6) This section does not apply to an object that has cultural heritage value to an aboriginal people.

Powers of the minister

8.3 (1) To further the objects of this Act, the minister may do one or more of the following:

(a) acquire and dispose of property;

(b) enter into agreements, including agreements for the acquisition of a covenant or an easement with a person, organization, local government or the government of Canada or of a province;

(c) conduct and arrange exhibits or activities to inform and stimulate the interest of the public in any matter related to the purposes of this Act;

(d) subject to a trust or agreement under which a property was obtained, dispose of the property and execute instruments required to effect the disposal;

(e) receive, by donation, public subscription, devise, bequest or otherwise, money or property;

(f) assist in or undertake research, study or publication respecting heritage conservation;

(g) provide grants, advice and services to other parties having aims and objectives consistent with the purposes of this Act;

(h) establish and maintain one or more inventories of heritage sites and heritage objects, including a list of heritage buildings for which the Alternate Compliance Methods of the British Columbia Building Code may apply.

(2) Property acquired by the minister under this Act is the property of Her Majesty in right of British Columbia and title to the property may vest in the name of Her Majesty in right of British Columbia.

(3) Notwithstanding the Land Act, property acquired by the minister under this Act may be dealt with by the minister under this Act.

21 Section 9 is repealed and the following substituted:

Advisory committees

9 (1) The minister must establish or authorize at least one committee to act in an advisory capacity on matters relating to this Act or to the conservation of heritage sites, heritage objects and other heritage resources.

(2) The minister may appoint, or provide for the manner of appointment of, the members of any committee established under this section and may set the terms of reference for the committee.

(3) The members of any committee established or authorized under this section must be paid reasonable and necessary travelling and incidental expenses incurred in the discharge of their duties under this Act, and may be paid remuneration for services in an amount determined by the Lieutenant Governor in Council.

22 Section 9.1 (2) (b) and (c) is repealed and the following substituted:

(b) any branch or agency assigned by the minister to administer a Provincial heritage property as though it were the Parks Branch under the Park Act,

(c) the director and staff of a branch or agency referred to in paragraph (b) as though they were the director and officers respectively of the Parks Branch, and .

23 Part 3 is repealed.

24 Section 20 is amended

(a) in subsection (1) (b) by striking out "a person, including the government of Canada or of a province;" and substituting "a person, organization, local government or the government of Canada or of a province;",

(b) by repealing subsection (1) (g) and substituting the following:

(g) provide grants, advice and services to other parties having aims and objectives consistent with the purposes of this Act. , and

(c) by repealing subsection (2).

25 Section 21 is amended by striking out "or minister" wherever it appears.

26 Part 5 is repealed and the following substituted:

PART 5

GENERAL PROVISIONS

Notice of heritage status on land title

27 (1) The minister must file a written notice in the land title office with respect to land that is designated under section 4.

(2) The minister may file a written notice in the land title office with respect to land

(a) for which a notice has been given under section 4.1 (1),

(b) that, in the opinion of the minister, is protected under section 6 (2), or

(c) for which an order is in effect under section 7 or 7.1.

(3) On receipt of a notice under subsection (1) or (2) in which the affected land is described sufficiently to be identified in the records of the land title office, the registrar must make a note of the filing on the title of the land.

(4) If the basis on which notice was filed under subsection (1) or (2) no longer applies to the land, the minister must notify the land title office.

(5) On receipt of a notice under subsection (4), the registrar must cancel the note made under subsection (1) or (2).

(6) Notification to the land title office under subsections (1), (2) or (4) must be made in a form satisfactory to the registrar of the land title district.

(7) The protection of property under this Act is not affected by

(a) an error or omission in a notice given by the minister to the registrar,

(b) an error or omission in a note made by the registrar under this section, or

(c) a failure by the registrar to make or cancel a note on a land title.

(8) In the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making or cancelling of a note under this section,

(a) the registrar is not liable nor is the Crown vicariously liable, and

(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.

Service of documents

28 (1) Where this Act requires service of a document on a person, other than service in relation to a court application under section 8.2, the document is sufficiently served on a person if

(a) it is served personally on the person,

(b) it is sent by registered mail, or a method of delivery that provides proof of delivery, to the person's actual or last known address, or

(c) in the circumstances described in subsection (2), it is published in accordance with that subsection.

(2) If a document cannot be served personally on a person and the person's actual or last known address cannot be determined after reasonable steps for the purpose have been taken, the document may be served by publishing a notice in the prescribed form in 2 issues, at least one week apart, of a newspaper having general circulation

(a) in the area where the person to be served was last known to reside or carry on business according to the information available to the person serving the document, or

(b) in the area in which the land is situated if the document relates to land owned by the person to be served.

(3) A document served under subsection (1) (b) is deemed to be received on the earlier of

(a) the date the person to whom it is sent actually receives the document, and

(b) the expiry of 10 days after the date on which the document was sent.

Civil remedies respecting contraventions

29 (1) The minister may apply to the Supreme Court for an injunction restraining a person from committing, or continuing to commit, a contravention of this Act or the regulations.

(2) The minister may apply to the Supreme Court for a restoration or compliance order if a person

(a) fails to comply with the requirements and conditions of a permit issued under section 5,

(b) fails to comply with an order made under section 7,

(c) removes property, or attempts to remove property, from British Columbia in contravention of section 6 (1), or

(d) moves, removes, damages, desecrates, alters, excavates or digs in property, or removes objects from property, protected under section 6 (2).

(3) An order of the court in respect of an application under subsection (2) may include one or more of the following:

(a) a requirement that the person restore the property to which the matter relates to its condition before the contravention on terms and conditions the court specifies;

(b) a requirement that the person undertake, as the court considers appropriate, compensatory conservation work on the property that was affected or on other heritage property, or that conservation work be performed by others at the expense of that person;

(c) an authorization that the minister may undertake conservation work at the expense of the person;

(d) any other requirements the court considers advisable.

(4) This section applies whether or not a person is charged with an offence under this Act.

Indemnity

30 (1) Except as provided in section 4.2 or 7 (10), no compensation is payable to a person for any loss or damage, or for any reduction in the value of property, that results from the operation of this Act, the performance in good faith of any duty under this Act or the exercise in good faith of any power under this Act.

(2) No action for damages shall be brought against the minister, an employee of the Crown, the British Columbia Heritage Trust, a director, officer or employee of the trust, a member of a committee established or authorized under section 9 or a person who is subject to the direction of the minister or the trust board, because of anything done or omitted to be done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act or the regulations.

(3) Subsection (2) does not absolve the Crown from vicarious liability for an act or omission of a person referred to in that subsection for which act or omission the Crown would be vicariously liable if the subsection were not in force.

Offence and penalty

31 (1) A person who does any of the following commits an offence:

(a) contravenes section 6 (3) or a provision of the Park Act referred to in section 9.1 (2) as it applies to a Provincial heritage property;

(b) fails to comply with or contravenes a requirement or condition of an order or permit under section 5 (2) (a), 7 (2) or (3), 7.1, 8.2 (2), 9.1 (2) or 29 (3);

(c) contravenes a regulation made under section 9.1 (2) or 32 (2) (d);

(d) contravenes section 6 (1) or (2).

(2) A person convicted of an offence under subsection (1) (a) to (c) is liable to a fine of not more than $2000 or to imprisonment for a term of not more than 6 months or to both.

(3) A person convicted of an offence under subsection (1) (d) is liable,

(a) if the person is an individual, to a fine of not more than $50000 or to imprisonment for a term of not more than 2years or to both, or

(b) if the person is a corporation, to a fine of not more than $1000000.

(4) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence also commits the offence and is liable,

(a) if it is an offence under subsection (1) (a) to (c), to the penalty set out in subsection (2), or

(b) if it is an offence under subsection (1) (d), to the penalty set out in subsection (3) (a).

(5) Section 5 of the Offence Act does not apply to this Act or the regulations.

Regulations

32 (1) The Lieutenant Governor in Council may make regulations.

(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) respecting the form, content and manner of giving notice in relation to this Act;

(b) respecting the form, content and manner of giving information for registration in the Provincial heritage register under section 3;

(c) respecting the administration of Provincial heritage properties;

(d) prescribing fees for the inspection of the Provincial heritage register;

(e) respecting the maintenance of order at Provincial heritage properties;

(f) prescribing persons entitled to notice under section 4.1 (1) (c);

(g) prescribing the manner in which a notice of designation under section 4.1 (6) (b) is to be filed in the personal property registry;

(h) respecting the conduct of a site investigation or site survey under section 7.

Continuation of former designations

33 (1) In this section "former Act" means

(a) the Archaeological and Historic Sites Protection Act, S.B.C.1972, c. 4,

(b) the Archaeological and Historic Sites Protection Act, R.S.B.C.1960, c. 15, or

(c) the Historic Objects Preservation Act, R.S.B.C. 1948, c.145.

(2) All heritage designations made under a former Act that have not been rescinded are hereby continued as if they were designated by the Lieutenant Governor in Council under section 4, but a continuance under this subsection does not entitle any person to compensation under section 4.2.

 
Hospital Act

27 Section 45 of the Hospital Act, R.S.B.C. 1979, c.176, is amended by renumbering the section as section 45 (1) and by adding the following subsection:

(2) Nothing in this section prohibits the protection of a heritage site or heritage object under the Heritage Conservation Act, the Municipal Act or the Vancouver Charter.

 
Institute of Technology Act

28 Section 5 (1) (b) of the Institute of Technology Act, R.S.B.C. 1979, c.199, is amended by adding "and respecting the conservation of heritage property" after "acquired by the institute".

 
Islands Trust Act

29 Section 8 (2) (g) of the Islands Trust Act, S.B.C. 1989, c. 68, is repealed and the following substituted:

(g) engage in activities to gain knowledge about the history and heritage of the trust area and to increase public awareness, understanding and appreciation of that history and heritage,

(g.1) conserve heritage property,

(g.2) support and give financial assistance to activities referred to in paragraphs (g) and (g.1) that are undertaken by others,

(g.3) recommend to a regional district board that it exercise its tax exemption authority under section 819.1 of the Municipal Act in relation to heritage property in the trust area, and .

30 Section 14 (1) is amended

(a) by striking out "Where a bylaw is referred to the trust council under section 25 (3) or 34 (3)," and substituting "If a bylaw is referred to the trust council under section 25 (3), 27.1 (3) or 34 (3),", and

(b) by repealing paragraph (c) and substituting the following:

(c) notify the local trust committee or municipal council, as the case may be, of its decision within 2 months from the date on which the secretary received the request under section 25 (3), 27.1 (3) or 34 (3), and .

31 The following section is added:

Heritage conservation

27.1 (1) Subject to this section, each local trust committee has, in respect of its local trust area, all the powers and authority of a local government under Part 30 of the Municipal Act.

(2) For the purposes of subsection (1), Part 30 of the Municipal Act, as it applies to regional district boards, applies to local trust committees subject to this section.

(3) As an exception to section 25 in relation to a heritage designation bylaw under section 1022 of the Municipal Act of a local trust committee,

(a) the local trust committee must, by request delivered to the secretary, refer the bylaw to the trust council for approval in accordance with section 14, and

(b) the bylaw has no effect until it is approved by the trust council.

(4) For a heritage designation bylaw of a local trust committee, the temporary protection of section 1018 (2) of the Municipal Act applies for

(a) a period of 60 days beginning on the date of the first reading of the bylaw, and

(b) if the bylaw is referred to the trust council under subsection (3), a further period of 2 months beginning on the date the bylaw is referred, subject to the limit that, if the bylaw is refused by the trust council, the protection ends on the date of that refusal.

(5) A local trust committee may order a heritage inspection under section 1011 of the Municipal Act only if the order is approved by the executive committee.

(6) Sections 1015, 1016 and 1035 of the Municipal Act apply to an officer or employee of a regional district all or part of which is within a local trust area as though that person were an officer or employee of the local trust committee for the local trust area.

32 Section 33 is repealed and the following substituted:

Transfer of authority from regional districts

33 (1) A regional district board shall not exercise within the trust area the power and authority given to the trust council under section 8 (2) (g) or to a local trust committee under section 27, 27.1 or 30 (2).

(2) Despite section 781 of the Municipal Act, a regional district director who represents an electoral area that is entirely within the trust area shall not vote

(a) on resolutions and bylaws under Part 29 of that Act for which the power and authority have been given to a local trust committee under section 27 (1) (a) of this Act, or

(b) on resolutions and bylaws under Part 30 of that Act for which the power and authority have been given to a local trust committee under section 27.1 (1) of this Act.

 
Land Act

33 Section 13 of the Land Act, R.S.B.C. 1979, c.214, is repealed and the following substituted:

Conditional withdrawal

13 (1) The minister may, if the minister considers it advisable in the public interest, designate a portion of Crown land for a particular use or for the conservation of natural or heritage resources.

(2) If a portion of Crown land is designated under subsection (1), that portion of land is withdrawn from disposition under this Act for any purpose that is not, in the opinion of the minister, compatible with the purpose for which the land has been designated.

(3) The minister may amend or cancel a designation made under subsection (1).

 
Land Title Act

34 Section 86 (1) (c) (vi) of the Land Title Act, R.S.B.C. 1979, c. 219, is amended by adding "or the conservation of heritage property" after "the natural environment".

35 Section 215 is amended

(a) by repealing subsection (1.1) (e),

(b) by adding the following subsections:

(1.2) A covenant described in subsection (1.3) in favour of

(a) the Crown or a Crown corporation or agency,

(b) a municipality, regional district or a local trust committee under the Islands Trust Act, or

(c) any other person designated by the Minister of Environment, Lands and Parks on terms and conditions the minister thinks proper, as covenantee, may be registered against the title to the land subject to the covenant and, subject to subsections (7) and (8), is enforceable against the covenantor and the successors in title of the covenantor even if the covenant is not annexed to land owned by the covenantee.

(1.3) A covenant registrable under subsection (1.2) may

(a) be of a negative or positive nature,

(b) contain any of the provisions under subsection (1.1), and

(c) provide that the land and any specified amenity in relation to it be protected, preserved, conserved, maintained, enhanced, restored or kept in its natural or existing state in accordance with the covenant and to the extent provided in the covenant.

(1.4) For the purpose of subsection (1.3), "amenity" includes any natural, historical, heritage, cultural, scientific, architectural, environmental, wildlife or plant life value relating to the land that is subject to the covenant. ,

(c) in subsection (2) by striking out "under subsection (1)" and substituting "under this section",

(d) in subsection (5) by striking out "A charge registered under subsection (1) may be" and substituting "A covenant registrable under this section may be",

(e) in subsection (6) by striking out "under subsection (1)" and substituting "under this section", and

(f) by adding the following subsections:

(7) On the dissolution or death of an owner of a covenant registered under subsection (1.2), the covenant ceases to be enforceable by any person, including the Crown, other than

(a) another covenantee named in the instrument creating the covenant, or

(b) an assignee of a covenantee under paragraph (a) if the assignment has been approved by the Minister of Environment, Lands and Parks.

(8) If an owner referred to in subsection (7) is a corporation that has been dissolved and subsequently restored into existence under an enactment of British Columbia, the covenant continues to be enforceable by the restored owner from the date of its restoration.

 
Local Services Act

36 Section 2 of the Local Services Act, R.S.B.C. 1979, c.247, is amended

(a) by adding the following paragraph:

(g.1) the conservation of heritage property; , and

(b) in paragraph (j) by striking out "and" at the end of subparagraph (i), by adding "and" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) conservation of heritage property by the application of Part 30 of the Municipal Act,.

 
Mineral Tenure Act

37 Section 1 of the Mineral Tenure Act, S.B.C. 1988, c.5, is amended by adding the following definitions:

"cultural heritage resource" means an object, a site or the location of a traditional societal practice that is of historical, cultural or archaeological significance to British Columbia, a community or an aboriginal people;

"protected heritage property" means land or an object that is

(a) protected under section 6 of the Heritage Conservation Act,

(b) designated under section 1022 of the Municipal Act or section 593 of the Vancouver Charter, or

(c) included under section 945 (7) (b) of the Municipal Act in a schedule to an official community plan;.

38 Section 8 (1) is amended by striking out "this Act or the regulations," and substituting "this Act or the regulations or has contravened the protection of a protected heritage property,".

39 Section 9 (2) is amended by adding the following paragraph:

(e.1) protected heritage property, except as authorized by the local government or minister responsible for the protection of the protected heritage property, .

40 Section 13 (1) is amended by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:

(b.1) is not protected heritage property.

41 Section 15 (1) is amended by adding "is or contains a cultural heritage resource or that the surface area" after "considers that the surface area".

42 Section 17 is amended by adding "or in an area of land established as a Provincial heritage property under section 9.1 of the Heritage Conservation Act" after "or of Canada" and by adding "or the area of land" after "responsible for the park".

43 Section 49 (1) is amended by striking out "this Act or the regulations," and substituting "this Act or the regulations or contravenes the protection of a protected heritage property,".

 
Mines Act

44 Section 1 of the Mines Act, S.B.C. 1989, c.56, is a amended by adding the following definition:

"cultural heritage resource" means a cultural heritage resource as defined in the Mineral Tenure Act; .

45 Section 10 is amended

(a) in subsection (1) by adding "conservation of cultural heritage resources and the" after "a program for the", and

(b) in subsection (4) (b) by adding "and cultural heritage resources" after "watercourses".

46 Section 34 (2) is amended by adding the following paragraph:

(d.1) respecting the conservation of cultural heritage resources,.

 
Municipal Act

47 Section 1 of the Municipal Act, R.S.B.C. 1979, c. 290, is amended by adding the following definitions:

"conservation" includes any activity undertaken to protect, preserve or enhance the heritage value or heritage character of heritage property or an area;

"heritage character" means the overall effect produced by traits or features which give property or an area a distinctive quality or appearance;

"heritage property" means property that

(a) in the opinion of a body or person authorized to exercise a power under this Act in relation to the property, has sufficient heritage value or heritage character to justify its conservation, or

(b) is protected heritage property;

"heritage value" means historical, cultural, aesthetic, educational or scientific worth or usefulness of property or an area;

"protected heritage property" means property that is

(a) protected under section 6 (2) of the Heritage Conservation Act,

(b) included under section 945 (7) (b) in a schedule to an official community plan, or

(c) designated as protected under section 1022; .

48 Section 269 is amended by renumbering the section as section 269 (1) and by adding the following subsections:

(2) The council of a city, town or district may, in accordance with Part 6, borrow money to enable aid to be granted under subsection (1) (a), (b) or (j).

(3) Despite section 292, a council may, by a vote of at least 2/3 of the votes cast, provide, subject to any terms and conditions the council considers appropriate, financial and other assistance for the conservation of property that is

(a) protected heritage property,

(b) subject to a heritage revitalization agreement under section 1021, or

(c) subject to a covenant under section 215 of the Land Title Act that relates to the conservation of heritage property.

49 Section 269.1 (1) is amended in the definition of "business promotion scheme" by striking out "and" at the end of paragraph (b) and by adding the following paragraph:

(b.1) the conservation of heritage property in one or more business improvement areas, and .

50 The following section is added:

General conservation authority

270.1 (1) A council may engage in activities or expend money for one or more of the following purposes:

(a) to acquire, conserve and develop heritage property and other heritage resources;

(b) to gain knowledge about the community's history and heritage;

(c) to increase public awareness, understanding and appreciation of the community's history and heritage;

(d) for any other activities that it considers necessary or desirable with respect to the conservation of heritage property and other heritage resources.

(2) Despite section 292, a council may support and give financial assistance to activities referred to in subsection (1) when the activities are undertaken by others.

51 Section 271 is repealed.

52 Section 400 (2) (a) is repealed.

53 The following sections are added:

Exemptions for heritage properties

400.1 (1) In this section and section 400.2 "eligible heritage property" means property that is

(a) protected heritage property,

(b) subject to a heritage revitalization agreement under section 1021, or

(c) subject to a covenant under section 215 of the Land Title Act that relates to the conservation of heritage property.

(2) Despite section 292 but subject to subsection (3) of this section, for the purposes of supporting the conservation of an eligible heritage property, before August 31 in any year a council may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:

(a) exempt all or part of the eligible heritage property from taxation under section 273 (a), (b), (b.1) and (c);

(b) if eligible heritage property exempted under paragraph (a) is a building or other improvement so affixed to the land as to constitute real property, exempt an area of land surrounding the exempted property from taxation under one or more of section 273 (a), (b), (b.1) and (c) for the same period of time as the exemption is made under paragraph (a) of this subsection;

(c) limit an exemption under paragraph (a) or (b) to a specified portion of the net taxable value of the property to which the exemption applies;

(d) make an exemption under this subsection subject to specified conditions.

(3) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if the bylaw receives the assent of the electors or is approved by the electors in accordance with subsection (4), for a specified period not greater than 10 years.

(4) Approval of the electors to a bylaw under subsection (2) is deemed to have been given if all the following requirements are met:

(a) at least 30 days before adopting the bylaw, a notice is published in at least 2 issues of a newspaper

(i) identifying the eligible heritage property that would be subject to the bylaw,

(ii) describing the exemption that would be made for the eligible heritage property, and

(iii) stating that the bylaw may be adopted by the council after 30 days unless more than 1/20 of the electors petition the council to obtain the assent of the electors to the bylaw;

(b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the municipal hall during its regular office hours;

(c) by the end of 30 days after the notice is first published under paragraph (a), 1/20 or fewer of the electors have petitioned the council to obtain the assent of the electors to the bylaw.

(5) Within 30 days after adopting a bylaw under this section, the council must give notice of the bylaw to the minister responsible for the Heritage Conservation Act in accordance with section 1032.

Repayment requirement in relation to heritage exemptions

400.2 (1) A bylaw under section 400.1 may provide that, if any of the following circumstances as specified in the bylaw occur, the council may require the owner of the eligible heritage property at that time to pay to the municipality an amount equivalent to the total taxes exempted under the bylaw plus interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 428 for taxes in arrear:

(a) if the eligible heritage property is destroyed, whether with or without proper authorization under the requirements of the heritage protection of the property;

(b) if the eligible heritage property is altered by or on behalf of the owner without proper authorization under the requirements of the heritage protection of the property;

(c) if any other circumstances specified in the bylaw occur.

(2) A bylaw under section 400.1 that includes a provision under subsection (1) may not be adopted without the consent of the current owner of the eligible heritage property to which the bylaw applies.

(3) If a bylaw under section 400.1 includes a provision under subsection (1), within 30 days after the bylaw is adopted the council must have notice of the bylaw filed in the land title office in accordance with section 1031.

(4) If a bylaw under section 400.1 includes a provision under subsection (1) and a circumstance referred to in the provision occurs, the council may, by bylaw adopted by at least 2/3 of the votes cast, either

(a) require the owner to pay the amount referred to in subsection (1), or

(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (1).

(5) If a council does not adopt a bylaw under subsection (4) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the council is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (1).

(6) If a council adopts a bylaw under subsection (4) (a) within the time period referred to in subsection (5), the council may

(a) add the amount referred to in subsection (1) to the taxes for the current year payable to the municipality in relation to the eligible heritage property, or

(b) make an agreement with the current owner regarding payment of the amount referred to in subsection (1) as a personal debt to the municipality.

54 Section 401 is repealed and the following substituted:

Exemption details

401 (1) An exemption under section 400 or 400.1 may apply to the whole or a part of the taxable assessed value of land or improvements or both.

(2) An exemption under section 400 (1) (b) or (c) may, in the discretion of the council, be made applicable to property the registered owner of which is a trustee for an organization that in the opinion of council would otherwise qualify for exemption.

(3) A council may, by bylaw, exempt in whole or in part an owner or operator of premises described in section 400 or 400.1 from business tax under section 493.

(4) A bylaw under section 400 or 400.1 or this section ceases to apply to property the use or ownership of which no longer conforms to the conditions necessary to qualify for exemption and, after this, the property is liable to taxation.

55 Section 409 (1) is repealed and the following substituted:

(1) Subject to this section, land and its improvements are liable to taxation if the land is

(a) owned in fee simple by the Crown or some person or organization on behalf of the Crown, and

(b) held or occupied other than by or on behalf of the Crown.

(1.1) This section does not make the following liable to taxation:

(a) land or improvements otherwise exempt under section 398 (1) (b) to (l);

(b) land or improvements otherwise exempt under the municipal portion of section 398 (1) (a);

(c) land or improvements exempted by a bylaw under section 400, 400.1 or 401;

(d) a highway occupied by a utility company referred to in Part 14.

56 Section 410 (1) is amended by striking out "section 409 (1)," and substituting "section 409 (1), (1.1),".

57 The following section is added:

Conservation of heritage property

530.1 In this Part and in Division (1) of Part 13, conservation of heritage property is a municipal or public purpose.

58 Section 531 is repealed and the following substituted:

Power to accept property

531 (1) The council may accept any property devised, bequeathed, conveyed or otherwise transferred to the municipality, subject to any trusts on which the property is transferred.

(2) If the sale of property is necessary to carry out the terms of a trust under which it was transferred, the council may sell the property despite any limitations or restrictions in this Act.

(3) All money held by a municipality subject to a trust, until required for the purposes of the trust, must be invested in the manner provided for the investment of sinking funds.

(4) If, in the opinion of the council, the terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the municipality, the council may apply to the Supreme Court for an order under subsection (5).

(5) On an application under subsection (4), the Supreme Court may vary the terms or trusts as the court considers will better further both the intent of the donor, settlor, transferor or testator and the best interests of the municipality.

(6) Section 89 of the Trustee Act applies to an order under subsection (5).

59 The following section is added:

Effect of reservation and dedication

533.2 (1) A reservation bylaw under section 532 or a dedication bylaw under section 533 does not commit or authorize a local government to proceed with implementation of the purpose for which the property is reserved or dedicated.

(2) All bylaws enacted or works undertaken by a local government directly affecting property that is reserved under section 532 or dedicated under section 533 must be consistent with the purpose for which the property is reserved or dedicated.

60 Section 570 (2) is repealed and the following substituted:

(2) On property acquired or held for any purpose mentioned in subsection (1), the council may construct, maintain, conserve, operate and use buildings and improvements and provide necessary accommodation, facilities and equipment for them.

61 Section 679 (1) is repealed and the following substituted:

(1) A council may, by bylaw, do one or more of the following:

(a) acquire, accept and hold any property in the municipality for pleasure, recreation or community uses of the public, including

(i) public library, art gallery, museum, arena and exhibition buildings, and

(ii) heritage property and land to be used for the conservation of heritage property;

(b) make rules and regulations regarding the management, maintenance, improvement, operation, conservation, control and use of property referred to in paragraph (a);

(c) lease or rent property referred to in paragraph (a) that is owned or held by the municipality;

(d) despite sections 320 to 323, make agreements for any term with other municipalities or with regional districts for the joint undertaking of any of the matters referred to in paragraph (b) in relation to property referred to in paragraph (a) that is owned or held by any party to the agreement;

(e) for the purpose of giving effect to an agreement under paragraph (d), establish joint boards or committees in conjunction with the other parties to the agreement;

(f) close to free use by the public all or part of any property referred to in paragraph (a) at the times and for the periods considered advisable and, in relation to this, set and charge fees for admission to or for the use of the facilities that are closed.

62 Section 682 (1) and (2) is repealed and the following substituted:

(1) For any purpose referred to in section 679 (1) (a), the council may, on property owned or held by the municipality,

(a) construct, maintain, operate, improve and use buildings and other improvements,

(b) conserve heritage property, and

(c) provide accommodation, facilities or equipment.

(2) The council may, by bylaw, enter into an agreement with one or more of the public authorities referred to in subsection (2.1)

(a) for the purposes of jointly constructing, conserving, maintaining, operating or using facilities for community uses referred to in section 679 (1) (a) that are on a site owned or held by a party to the agreement or that are on a site leased from the Province by a party to the agreement, or

(b) for the purposes of contributing to the cost of construction, conservation, maintenance, operation or use of facilities referred to in paragraph (a).

63 Sections 683 and 684 are repealed and the following substituted:

Grants of parks and heritage property

683 (1) The Lieutenant Governor in Council may grant and convey in trust to a municipality any public park, pleasure ground or heritage property set apart or reserved out of Crown land for the recreation and enjoyment of the public, to maintain, preserve and conserve it for the use, recreation and enjoyment of the public.

(2) If property is granted or conveyed under subsection (1),

(a) the municipality may hold the property on the trusts and for the purposes for which it is granted, and

(b) the council may manage, conserve and maintain the property in accordance with the trust, and may exercise in relation to it all the powers and authorities conferred on the trustees of the public park, pleasure ground or heritage property by any Act of the Legislature.

(3) A council that has been granted or conveyed a public park, heritage property or other place for the use and enjoyment of the public must operate, maintain, conserve and develop it subject to any trusts on which it is granted or conveyed.

64 Section 751 is repealed and the following substituted:

Municipality may restrain breach of Act or bylaw

751 (1) If a building is erected, altered or used, or land is altered or used, in contravention of this Act or a bylaw under this Act, the municipality may commence a court proceeding at its own instance to restrain the contravention.

(2) The authority under subsection (1) is in addition to any other remedy or penalty provided by or under this Act.

65 Section 755.1 (2) (d) is amended by striking out "or" at the end of subparagraph (i), by adding "or" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) a community heritage commission under section 1008, .

66 Section 788 is amended

(a) in subsection (1) (e) by adding "historic sites," after "museums,", and

(b) by repealing subsection (6) and substituting the following:

(6) Where the board adopts a bylaw under subsection (1) (d), section 683 in relation to public parks and pleasure grounds and sections 684 to 687, 690 and 691 apply.

67 Section 789 is amended

(a) in subsection (1) by adding the following paragraph:

(f.3) services relating to heritage conservation; , and

(b) by adding the following subsection:

(4) Where the board adopts a bylaw under subsection (1) (f.3), sections 269 (3), 270.1, 531, 532, 533 and 533.1, section 683 in relation to heritage property and Part 30 apply.

68 Section 790 (2) (d) is repealed.

69 Section 819.1 (4) (c) is repealed.

70 The following sections are added:

Exemptions for heritage properties

819.2 (1) In this section "eligible heritage property" means property that is

(a) protected heritage property,

(b) subject to a heritage revitalization agreement under section 1021, or

(c) subject to a covenant under section 215 of the Land Title Act that relates to the conservation of heritage property.

(2) Despite section 292 but subject to subsection (3) of this section, for the purposes of supporting the conservation of an eligible heritage property, before August 31 in any year a board may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:

(a) exempt all or part of the eligible heritage property from taxation under this Part;

(b) if eligible heritage property exempted under paragraph (a) is a building or other improvement so affixed to the land as to constitute real property, exempt an area of land surrounding the exempted property from taxation under this Part for the same period of time as the exemption is made under paragraph (a) of this subsection;

(c) limit an exemption under paragraph (a) or (b) to a specified portion of the net taxable value of the property to which the exemption applies;

(d) make an exemption under this subsection subject to specified conditions.

(3) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if the bylaw receives the assent of the electors or is approved by the electors in accordance with subsection (4), for a specified period not greater than 10 years.

(4) Approval of the electors to a bylaw under subsection (2) is deemed to have been given if the following requirements are met:

(a) at least 30 days before adopting the bylaw, a notice is published in at least 2 issues of a newspaper

(i) identifying the eligible heritage property that would be subject to the bylaw,

(ii) describing the exemption that would be made for the eligible heritage property, and

(iii) stating that the bylaw may be adopted by the board after 30 days unless more than 1/20 of the electors petition the board to obtain the assent of the electors to the bylaw;

(b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the regional district offices during their regular office hours;

(c) by the end of 30 days after the notice is first published under paragraph (a), 1/20 or fewer of the electors have petitioned the board to obtain the assent of the electors to the bylaw.

(5) Within 30 days after adopting a bylaw under this section, the board must give notice of the bylaw to the minister responsible for the Heritage Conservation Act in accordance with section 1032.

Repayment requirement in relation to heritage exemptions

819.3 (1) A bylaw under section 819.2 may provide that, if any of the following circumstances as specified in the bylaw occur, the board may require the owner of the eligible heritage property at that time to pay to the regional district an amount equivalent to the total taxes exempted under the bylaw plus interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 428 for taxes in arrear:

(a) if the eligible heritage property is destroyed, whether with or without proper authorization under the requirements of the heritage protection of the property;

(b) if the eligible heritage property is altered by or on behalf of the owner without proper authorization under the requirements of the heritage protection of the property;

(c) if any other circumstances specified in the bylaw occur.

(2) A bylaw under section 819.2 that includes a provision under subsection (1) may not be adopted without the consent of the current owner of the eligible heritage property to which the bylaw applies.

(3) If a bylaw under section 819.2 includes a provision under subsection (1), within 30 days after the bylaw is adopted the board must have notice of the bylaw filed in the land title office in accordance with section 1031.

(4) If a bylaw under section 819.2 includes a provision under subsection (1) and a circumstance referred to in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either

(a) require the owner to pay the amount referred to in subsection (1), or

(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (1).

(5) If a board does not adopt a bylaw under subsection (4) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (1).

(6) If a board adopts a bylaw under subsection (4) (a) within the time period referred to in subsection (5), the board may

(a) require the Surveyor of Taxes to add the amount referred to in subsection (1) to the taxes payable on the eligible heritage property, in which case section 636 (2) and (3) applies, or

(b) make an agreement with the current owner regarding payment of the amount referred to in subsection (1) as a personal debt to the regional district.

71 Section 945 is amended

(a) by repealing subsection (4) (c), and

(b) by adding the following subsections:

(6) For the purposes of heritage conservation, a community plan may designate an area as a heritage conservation area to which section 1026 (1) applies, in which case the plan must

(a) describe the special features or characteristics that justify the designation,

(b) state the objectives of the designation, and

(c) specify guidelines respecting the manner by which the objectives are to be achieved.

(7) If a heritage conservation area is designated under subsection (6), the community plan may do one or more of the following:

(a) specify conditions under which section 1026 (1) does not apply to property within the area;

(b) include a schedule listing buildings, structures, land or features within the area that are to be protected heritage property under this Act;

(c) for the purposes of section 1026 (3), identify features or characteristics that contribute to the heritage value or heritage character of the area.

(8) At least 10 days before the public hearing on a community plan that includes a schedule under subsection (7) (b), the local government must give notice in accordance with section 1029 to the owner of each property included in the schedule that is not already included in a schedule under subsection (7) (b).

(9) Within 30 days after including a property in or deleting a property from a schedule under subsection (7) (b) to an official community plan, the local government must

(a) file a notice in the land title office in accordance with section 1031, and

(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 1032.

72 Section 952 (1) (b) is amended by adding the following subparagraph:

(i.2) the conservation of an area considered by the board to have heritage value or heritage character, .

73 Section 954 is repealed and the following substituted:

Development approval procedures

954 (1) A local government that has adopted an official community plan, a zoning bylaw or a rural land use bylaw must, by bylaw, define procedures under which an owner of land may apply for an amendment to the plan or bylaw or for the issue of a permit under this Part.

(2) A local government must consider every application for

(a) an amendment to a plan or bylaw referred to in subsection (1), or

(b) the issue of a permit under this Part that requires a resolution of a council or board.

(3) If a bylaw under subsection (1) establishes a time limit for reapplication, the time limit may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3 of the local government members eligible to vote on the reapplication.

Public information

954.1 (1) A local government must maintain a current list of the following:

(a) every bylaw in effect under this Part and Part 30 and a general description of the purpose of each such bylaw;

(b) every bylaw under this Part and Part 30 that has been given first reading, a general description of each such bylaw and its current status;

(c) every permit issued under this Part and Part 30.

(2) A list under subsection (1) must be available for public inspection at the local government offices during their regular business hours.

(3) Non-compliance with subsection (1) or (2), or any inaccuracy in a list, does not affect the validity of any bylaw or permit referred to in subsection (1).

Procedures manual

954.2 (1) A local government may prepare and provide to the public, on request, a procedures manual describing the procedures by which

(a) permits and approvals under this Part and Part 30 are obtained, and

(b) amendments to bylaws under this Part and Part 30 are initiated.

(2) The procedures manual must include the following:

(a) separate provisions respecting each type of permit, approval and amendment, with each separate provision specifying

(i) in general, the steps that must be followed and, for each step, the requirements to be met by the applicant,

(ii) the applicable authority,

(iii) the responsibility of each official involved, and

(iv) the office location of these officials;

(b) sample application forms that clearly indicate all the types of information and the degree of detail required, including an explanation of these forms;

(c) a statement of the fees required for each application.

(3) If there is a conflict between a bylaw under section 954 or 1005 and a description in a procedures manual under this section, the bylaw prevails.

74 Section 962 (4) is repealed and the following substituted:

(4) The board of variance shall not make an order under subsection (2) that would do any of the following:

(a) be in conflict with a covenant registered under section 215 of the Land Title Act or section 24A of the Land Registry Act, R.S.B.C. 1960, c. 208;

(b) deal with a matter that is covered in a permit under Division (5) or covered in a land use contract;

(c) deal with a flood plain specification under section 969 (2);

(d) apply to a property

(i) for which an authorization for alterations is required under Part 30,

(ii) that is in a heritage conservation area under section 945 (6), or

(iii) for which a heritage revitalization agreement under section 1021 is in effect.

75 Section 963 (3) is amended by adding the following paragraph:

(f) different protected heritage properties.

76 Section 970 (9) is repealed and the following substituted:

(9) If the use and density of buildings and structures conform to a rural land use bylaw or a bylaw under this Division but

(a) the siting, size or dimensions of a building or structure constructed before the bylaw was adopted does not conform with the bylaw, or

(b) the siting, size, dimensions or number of offstreet parking or loading spaces constructed or provided before the bylaw was adopted does not conform with the bylaw, the building or structure or spaces may be maintained, extended or altered to the extent authorized by subsection(10).

(10) A building or structure or spaces to which subsection (9) applies may be maintained, extended or altered only to the extent that

(a) the repair, extension or alteration would, when completed, involve no further contravention of the bylaw than that existing at the time the repair, extension or alteration was started, and

(b) in the case of protected heritage property, the repair, extension or alteration is permitted or authorized in accordance with the provisions governing the heritage protection of the property.

(11) Subsections (5) and (8) do not apply to alterations, additions, repairs or reconstruction of a protected heritage property if the alteration, addition, repair or reconstruction is authorized by a heritage alteration permit under section 1027.

77 Section 976 (6) is amended by striking out "section 945 (4) (c), (d)" and substituting "section 945 (4) (d)".

78 Section 988 (1) (a) is repealed and the following substituted:

(a) application fees for

(i) an application to initiate changes to the provisions of a plan or bylaw under Division (1), (2), (4) or (7) of this Part or under Part 30,

(ii) the issue of a local government permit under Division (5) of this Part or a permit under section 1027,

(iii) an amendment to a land use contract or to a heritage revitalization agreement under section 1021, or

(iv) an application to a board of variance;.

79 The following Part is added:

PART 30

HERITAGE CONSERVATION

Division (1) -- General

Definitions

1002 (1) The definitions in section 943 (1) apply to this Part.

(2) In addition to the definitions made applicable by subsection (1), in this Part "alter" means to change in any manner and, without limiting this, includes

(a) the making of an improvement, as defined in the Builders Lien Act, and

(b) any action that detracts from the heritage value or heritage character of heritage property;

"approval" means a permit, licence or other authorization required under this or any other enactment;

"delegate" means, in relation to a power or duty, a person given authority under section 1006 to exercise that power or duty;

"heritage alteration permit" means a permit under section 1027;

"heritage conservation area" means an area designated under section 945 (6) in an official community plan;

"heritage designation bylaw" means a bylaw under section 1022;

"heritage inspection" means the physical examination of property and the research necessary to assess the heritage value and the heritage character of the property or to determine the need for conservation of the property;

"heritage revitalization agreement" means an agreement under section 1021;

"real property" includes buildings, structures and other improvements affixed to the land.

(3) A regional district does not have authority under this Part and its board does not come within the definition of "local government" for the purposes of this Part unless it has the authority to operate a service under section 789 (1) (f.3).

Limits on the use of this Part

1003 (1) This Part must not be used to conserve natural landscapes or undeveloped land except

(a) to the extent that the exercise of power under this Part in respect of natural landscape or undeveloped land is, in the opinion of the local government, necessary for the conservation of adjacent or proximate real property that is protected heritage property, or

(b) with respect to

(i) a site that has heritage value or heritage character related to human occupation or use, or

(ii) individual landmarks and other natural features that have cultural or historical value.

(2) This Part must not be used to restrict a forest management activity relating to the production and harvesting of timber on land that is

(a) classified as managed forest land under the Assessment Act, or

(b) located within a licence area under the Forest Act, so long as the land continues to be used only for that purpose.

(3) This Part must not be used to prevent a use of real property that is permitted under the applicable zoning bylaw for the property or to prevent the development of land to the density permitted under the applicable zoning bylaw, except with regard to property that

(a) is designated by a heritage designation bylaw, or

(b) is subject to temporary heritage protection under this Part.

Limit on compensation

1004 Except as provided in sections 1012 (7) and 1024, no person is entitled to compensation for

(a) any loss or damage, or

(b) any reduction in the value of property that results from the performance in good faith of any duty under this Part or the exercise in good faith of any power under this Part.

Bylaw and permit procedures

1005 (1) A local government may, by bylaw, define procedures under which a person may apply for an amendment to a bylaw under this Part or for the issue of a permit under this Part.

(2) If a bylaw under subsection (1) establishes a time limit for reapplication, the time limit may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3 of the votes cast.

(3) Every application for a heritage alteration permit or the amendment of a bylaw under this Part must be considered by the local government or, if applicable, its delegate under section 1006.

(4) The applicant or owner of property subject to a decision made by a delegate under section 1006 is entitled to have the local government reconsider the matter without charge.

Delegation of local government authority

1006 (1) A local government may, by bylaw adopted by at least 2/3 of the votes cast, delegate to an officer or employee its powers and duties under one or more of the following, subject to any limits or conditions established by the local government:

(a) section 1011 respecting heritage inspections;

(b) section 1013 respecting

(i) the requirement for an impact assessment,

(ii) the establishment of specifications regarding an impact assessment,

(iii) the undertaking of an impact assessment under subsection (1) (b) of that section, and

(iv) the determination of whether the information required under that section has been provided;

(c) section 1015 (5) (b) respecting agreements to requirements and conditions to prevent or mitigate an alteration;

(d) section 1019 respecting the identification of heritage property in a heritage control area;

(e) subject to the limits in section 1026 (3), section 1027 respecting

(i) the issuance or refusal of heritage alteration permits,

(ii) the establishment of requirements and conditions of a heritage alteration permit, and

(iii) the determination of whether the requirements and conditions of a heritage alteration permit have been met.

(2) A bylaw under subsection (1) must

(a) establish procedures regarding applying for and dealing with a reconsideration under section 1005 (4), and

(b) if the bylaw authorizes a delegate to require an applicant to post a security deposit under section 1028 (2) (c), establish guidelines with regard to the amount of security that may be required.

Ombudsman review of local government decisions

1007 (1) The Ombudsman appointed under the Ombudsman Act may investigate complaints about decisions made by a local government under this Part or procedures used by a local government under this Part.

(2) Subsection (1) does not authorize the Ombudsman to investigate an issue involving compensation for reduction in the market value of real property caused by a designation under section 1022.

(3) The Ombudsman Act, other than section 11(1) (a) of that Act, applies to investigations under this section and, for that purpose, the local government is deemed to be an authority as defined in that Act.

(4) During an investigation under this section and for up to 6 months after the completion of the investigation if the Ombudsman considers the matter to be unresolved, the Ombudsman may direct that the local government or the complainant, or both, must not take any action on matters specified by the Ombudsman.

(5) If the Ombudsman makes a recommendation under section 22 or 23 of the Ombudsman Act regarding an investigation under this section and no action that the Ombudsman believes adequate or appropriate is taken by the local government within a reasonable time, the Ombudsman may make a report to the Lieutenant Governor in Council of the recommendation and such additional comments as the Ombudsman considers appropriate.

(6) On receipt of a report from the Ombudsman, the Lieutenant Governor in Council may make an order that the Lieutenant Governor in Council believes is in the public interest, and the order is binding on the local government.

(7) Nothing in this section diminishes the authority of the Ombudsman under the Ombudsman Act.

Division (2) -- Heritage Review

Community heritage commissions

1008 (1) A local government may, by bylaw, do one or more of the following:

(a) establish one or more community heritage commissions, which may be different for different areas and different purposes;

(b) authorize existing organizations to act as community heritage commissions;

(c) establish one or more joint community heritage commissions with one or more other local governments.

(2) A bylaw under subsection (1) (a) must establish the terms of reference for the community heritage commission, and

(b) if the bylaw establishes a community heritage commission under subsection (1) (a) or (c), must establish

(i) the composition of the community heritage commission,

(ii) the manner by which the members of the community heritage commission are to be appointed, and

(iii) the procedures governing the conduct of the community heritage commission or the manner by which these procedures are to be established.

(3) A community heritage commission under subsection (1) may do the following:

(a) advise the local government on any matter that is included in its terms of reference;

(b) advise the local government on matters referred to it by the local government;

(c) undertake or provide support for such activities as are included in its terms of reference or otherwise authorized by the local government.

(4) Meetings of a community heritage commission must be open to the public, except for those meetings or portions of meetings at which the commission considers matters for which the local government has authorized the commission to meet in private.

(5) Section 221 applies to meetings of a community heritage commission.

Community heritage register

1009 (1) A local government may establish a community heritage register that identifies real property that is considered by the local government to be heritage property.

(2) The community heritage register

(a) must indicate the reasons why property included in a community heritage register is considered to have heritage value or heritage character, and

(b) may distinguish between heritage properties of differing degrees and kinds of heritage value or heritage character.

(3) Within 30 days after including a property in a community heritage register or deleting property from a community heritage register, the local government must give notice of this

(a) to the owner of the heritage property in accordance with section 1029, and

(b) to the minister responsible for the Heritage Conservation Act in accordance with section 1032.

(4) The protection of heritage property is not affected by an error or omission in a community heritage register.

Heritage recognition

1010 (1) A local government may recognize the heritage value or heritage character of a heritage property, an area or some other aspect of the community's heritage.

(2) The local government may have a plaque or other marker installed to indicate recognition under subsection (1), subject to the requirement that permission for this must be obtained from the owner of the property on which the marker is installed.

Heritage inspection may be ordered

1011 (1) For the purposes of assessing the heritage value, heritage character or the need for conservation of real property, a local government or its delegate may order a heritage inspection of the property in any of the following circumstances:

(a) the property is or may be protected heritage property;

(b) the property is identified as heritage property in a community heritage register;

(c) the property is or may be heritage property according to criteria that the local government may, by bylaw, establish for the purposes of this Part.

(2) An order under subsection (1) (a) must state the purpose of the heritage inspection,

(b) must specify how long the order is to remain in effect,

(c) must require the heritage inspection to be carried out in an expeditious manner,

(d) may provide that the property covered by the order is subject to temporary protection as provided in section 1020 until the applicable time under subsection (3) or section 1012 (4), and

(e) may include terms and conditions the local government or delegate considers appropriate.

(3) Temporary protection under subsection (2) (d) applies until the earliest of the following, subject to an extension of this time under section 1012 (4):

(a) the day after a report of the results of the heritage inspection is delivered to a regular meeting of the local government;

(b) the day the local government or its delegate informs the owner that the heritage inspection is completed or is no longer required;

(c) 30 days after the day on which the heritage inspection was ordered.

Entry authority for a heritage inspection

1012 (1) An order under section 1011 (1) authorizes a person conducting the heritage inspection to enter land or premises identified in the order at any reasonable time on presentation of a copy of the order.

(2) Subsection (1) does not authorize entry into a private living accommodation without the permission of the occupier or owner unless a warrant is issued under subsection (3).

(3) A justice may issue a warrant authorizing a person to enter land or premises and carry out a heritage inspection if the justice is satisfied by information on oath in writing that

(a) there are reasonable grounds to believe that entry is required to achieve the purposes of the order under section 1011 (1), and

(b) there are reasonable grounds to believe that

(i) admission has been refused or refusal is anticipated,

(ii) an emergency exists,

(iii) the occupier is temporarily absent, or

(iv) the land or premises are unoccupied.

(4) A warrant under subsection (3) may extend the time period for which the property is protected under section 1011 (3) and continues in force until the purpose for which the entry is required has been satisfied.

(5) A person conducting a heritage inspection may perform tests and remove material samples that are necessary for the purposes of the heritage inspection, but must do this in such a manner that any alterations are as minor and inconspicuous as reasonably possible given the requirements of the heritage inspection.

(6) If, as part of a heritage inspection, an alteration is made or material is removed, the local government must provide the owner with a report of what was done.

(7) If a heritage inspection is conducted under a warrant under subsection (3), the person conducting the heritage inspection must be accompanied by a peace officer.

(8) A person whose property is damaged by a heritage inspection under section 1011 (1) is entitled to have the damage repaired at the expense of the local government or, if the damage cannot be repaired, to compensation from the local government.

Impact assessment may be required

1013 (1) If, in the opinion of the local government or its delegate, an approval may affect protected heritage property, the local government or delegate may require the applicant for the approval, before the approval is issued,

(a) to provide the local government or delegate, at the expense of the applicant, with information regarding the possible effects that the activity or action enabled by the approval may have on the heritage property, or

(b) to permit the local government or delegate to undertake, at the expense of the local government, studies regarding the matters referred to in paragraph (a).

(2) A requirement under subsection (1) must be communicated to the applicant in writing and include specifications of the information to be provided and of the qualifications of any persons undertaking studies to produce the information.

(3) Specifications referred to in subsection (2) must not be changed by the local government or its delegate without the agreement of the applicant.

Local government requests for Provincial protection

1014 (1) If, in the opinion of a local government, a building, structure or site owned by the Crown has heritage value or heritage character, the local government may, by resolution, request that the Lieutenant Governor in Council consider protection of the building, structure or site under the Heritage Conservation Act.

(2) Within 5 days after a resolution under subsection (1) is adopted, the local government must notify the minister responsible for the Heritage Conservation Act of the request.

(3) Once a request has been made under subsection (1), the property for which the protection is requested is subject to temporary protection in accordance with section 1020 until the earlier of the following:

(a) the end of 30 days after the resolution authorizing the request was adopted;

(b) the minister responsible for the Heritage Conservation Act notifies the local government in writing that the temporary protection is ended.

(4) Despite section 14 (2) of the Interpretation Act, subsection (3) applies to the Crown.

(5) No more than one request may be made under subsection (1) with respect to any particular building, structure or site during any one 10 year period.

Division (3) - Temporary Protection

Withholding of approvals

1015 (1) A local government may, by bylaw, direct or authorize an officer or employee of the local government who issues approvals to withhold the issuance of any approval for an action which, in the opinion of the person responsible for issuing the approval, would alter or cause an alteration to any of the following:

(a) protected heritage property;

(b) property subject to temporary heritage protection under another section of this Part;

(c) property in a community heritage register.

(2) A bylaw under subsection (1) may establish restrictions, limits or conditions on the duty or power to withhold approvals.

(3) If an approval is withheld under subsection (1), the matter must be referred to the local government at its next regular meeting after the approval is withheld.

(4) If an approval is referred to the local government with regard to property referred to in subsection (1) (a) or

(b), the local government may authorize that the approval continue to be withheld until an action referred to in subsection (5) occurs.

(5) An approval must not be withheld under this section if one or more of the following occurs:

(a) a heritage alteration permit is issued authorizing the alteration to which the approval applies;

(b) the applicant agrees to terms and conditions satisfactory to the local government or its delegate to mitigate or prevent circumstances that may detract from the heritage value or heritage character of the property;

(c) in the case of property subject to temporary heritage protection, the protection expires;

(d) in the case of property that appears to the person responsible for issuing the approval to be protected under the Heritage Conservation Act, the local government is notified by the minister responsible for that Act that the requirements of that Act have been met or do not apply.

(6) Except as provided in subsection (4), nothing in this section authorizes the withholding of an approval to which an applicant would otherwise be entitled beyond the time of the meeting at which the matter is referred to the local government under subsection (3).

Withholding of demolition permits pending other approvals

1016 (1) Without restricting section 1015, a local government may, by bylaw, authorize or direct the withholding of permits for demolition until a heritage alteration permit, a building permit and, if required, all other necessary approvals have been issued with respect to the alteration or development of real property that is

(a) protected heritage property, or

(b) identified in a community heritage register.

(2) A local government may establish restrictions, limits or conditions on a duty or power under subsection (1).

(3) Nothing in this section authorizes the withholding of any approvals other than permits for demolition of heritage property.

Orders for temporary protection

1017 (1) A local government may order that real property is subject to temporary protection in accordance with section 1020 if the local government considers that

(a) the property is or may be heritage property, or

(b) protection of the property may be necessary or desirable for the conservation of other property that is heritage property.

(2) An order under subsection (1) must specify the time period during which the temporary protection applies, which may not be longer than 60 days unless the owner of the property agrees to a longer time period.

(3) An order under subsection (1) may do one or more of the following:

(a) identify landscape features that are subject to the order;

(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;

(c) establish policies regarding the issuance of a heritage alteration permit in relation to the property.

Temporary protection by introduction of a continuing protection bylaw

1018 (1) For a period of 120 days beginning on the date of first reading of a bylaw to adopt an official community plan that designates a heritage conservation area, section 1026 (1) applies to the property that would be protected on a continuing basis under section 1026 once the bylaw was adopted.

(2) For a period of 60 days beginning on the date of first reading of a bylaw under section 1022, subsection (1) of that section applies to the property that would be protected on a continuing basis under that subsection once the bylaw was adopted.

(3) If the owner of property to which subsection (2) applies agrees, the local government may, by bylaw, extend the protection referred to in that subsection for a specified period longer than the 60 days referred to in that subsection.

(4) If the issue of compensation for designation is submitted to arbitration under section 1024 before the heritage designation bylaw is adopted, the time period under subsection (2) is extended by the time between the submission of the matter to arbitration and the delivery of the arbitration report to the local government.

(5) As an exception to the other provisions of this section, if a bylaw to which this section applies is defeated by the local government, the protection under this section ends.

Heritage control periods for temporary protection

1019 (1) For the purposes of heritage conservation planning for an area identified in the bylaw, a local government may, by bylaw, declare a heritage control period with respect to the area.

(2) A bylaw under subsection (1) must specify the length of the heritage control period, which may not be longer than one year from the date of adoption of the bylaw.

(3) A bylaw under subsection (1) may do one or more of the following:

(a) identify types of landscape features that are included in the protection under this section;

(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;

(c) establish policies regarding the issuance of a heritage alteration permit in relation to property within the area covered by the bylaw.

(4) During a heritage control period under subsection (1), property within the area covered by the bylaw is subject to temporary protection in accordance with section 1020.

(5) A heritage control period under this section may be declared once only during any 10 year period for an area or portion of an area.

Temporary protection

1020 (1) While property is subject to temporary protection in accordance with this section, except as authorized by a heritage alteration permit or as referred to in subsection (2), a person must not do any of the following to the property:

(a) alter the exterior of a building or structure;

(b) make a structural change to a building or structure;

(c) move a building or structure;

(d) alter, move or take an action that would damage a landscape feature identified in the authorizing resolution, order or bylaw for the temporary protection;

(e) alter, excavate or build on the property.

(2) The prohibition under subsection (1) does not apply to alterations that are allowed by the authorizing resolution, bylaw or order for the temporary protection to be made without a heritage alteration permit.

Division (4) -- Continuing Protection

Heritage revitalization agreements

1021 (1) A local government may, by bylaw, enter into a heritage revitalization agreement under this section with the owner of heritage property.

(2) A heritage revitalization agreement may do one or more of the following:

(a) include provisions regarding the phasing and timing of the commencement and completion of actions required by the agreement;

(b) vary provisions of

(i) Part 2 of a rural land use bylaw under section 952 (1) (b),

(ii) a bylaw under Division (4), (6) or (7) of Part 29,

(iii) a permit under Division (5) of Part 29, or

(iv) a bylaw or heritage alteration permit under this Part;

(c) include such other terms and conditions as may be agreed upon by the local government and the owner.

(3) A heritage revitalization agreement prevails over a bylaw or permit referred to in subsection (2) (b) to the extent of any conflict.

(4) A heritage revitalization agreement may only be amended by bylaw with the consent of the owner.

(5) A local government must not require an owner to enter into or consent to the amendment of a heritage revitalization agreement as a condition of issuing any permit, licence or other authorization that may be required to enable the heritage property to be used or developed in accordance with the applicable bylaws.

(6) A local government must not enter into or amend a heritage revitalization agreement unless the agreement or amendment is approved

(a) by the Minister of Environment, Lands and Parks if the agreement or amendment varies a bylaw under section 969,

(b) by the Minister of Transportation and Highways if the agreement or amendment covers land subject to section 57 (2) of the Highway Act, or

(c) by the minister if circumstances prescribed under subsection (7) apply.

(7) The minister may, by regulation, prescribe circumstances in which approval under subsection (6) (c) is required.

(8) A local government must hold a public hearing on the matter before entering into or amending a heritage revitalization agreement if the agreement or amendment would permit a change to the use or density of use that is not otherwise authorized by the applicable zoning of the property and, for these purposes, sections 956 to 959 apply.

(9) Within 30 days after entering into or amending a heritage revitalization agreement, the local government must

(a) file a notice in the land title office in accordance with section 1031, and

(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 1032.

(10) If a notice is filed under subsection (9) (a), the heritage revitalization agreement and any amendment to it is binding on all persons who acquire an interest in the land affected by the agreement.

Heritage designation protection

1022 (1) A local government may, by bylaw, on terms and conditions as it considers appropriate, designate real property in whole or in part as protected under this section if the local government considers that

(a) the property has heritage value or heritage character, or

(b) designation of the property is necessary or desirable for the conservation of a protected heritage property.

(2) A heritage designation bylaw may do one or more of the following:

(a) apply to a single property or to part of a property;

(b) apply to more than one property, including property under diverse ownership;

(c) apply to affixed interior building features or fixtures identified in the bylaw;

(d) apply to landscape features identified in the bylaw;

(e) establish policies or procedures regarding the provision of financial or other support for the conservation of the heritage property;

(f) specify types of alterations to the property that are allowed without a heritage alteration permit;

(g) establish policies regarding the issuance of heritage alteration permits in relation to property covered by the bylaw.

(3) Except as authorized by a heritage alteration permit or allowed under subsection (2) (f), a person must not do any of the following:

(a) alter the exterior of a building or structure protected under this section;

(b) make a structural change to a building or structure protected under this section;

(c) move a building or structure protected under this section;

(d) alter or remove an interior feature or fixture that is identified under subsection (2) (c);

(e) alter, remove or take any action that would damage a landscape feature that is identified under subsection (2) (d);

(f) alter, excavate or build on land protected under this section.

Heritage designation procedure

1023 (1) Before a heritage designation bylaw is adopted, the local government must hold a public hearing on the proposed bylaw for the purpose of allowing affected parties and the general public to make representations respecting matters contained in the proposed bylaw.

(2) Sections 956 (2), (3) and (5) to (9) and 959 apply with respect to the public hearing and enactment of the heritage designation bylaw.

(3) At least 10 days before the public hearing, a notice in the prescribed form must be given in accordance with section 1029 to

(a) all persons who, according to the records of the land title office, have a registered interest in real property that would be designated, and

(b) all occupiers of real property that would be designated.

(4) A notice in the prescribed form must also be published in at least 2 consecutive issues of a newspaper, with the last publication to be at least 3 days but not more than 10 days before the public hearing.

(5) The local government must have prepared a report regarding the property to be designated that includes information respecting the following matters:

(a) the heritage value or heritage character of the property;

(b) the compatibility of conservation with the official community plan and any other community planning objectives in the area in which the property is located;

(c) the compatibility of conservation with lawful uses of the property and adjoining lands;

(d) the condition and economic viability of the property;

(e) the possible need for financial or other support to enable appropriate conservation.

(6) At least 10 days before the public hearing, the report under subsection (5) must be available for public inspection at the local government office during its regular office hours.

(7) No heritage designation bylaw is invalid for inadvertent and minor non-compliance with this section or Division (6), or for an error or omission in the report required under subsection (5).

(8) Within 30 days after a local government adopts or defeats a heritage designation bylaw or determines not to proceed with the bylaw, the local government must give notice of this in the prescribed form to the owners entitled to notice under subsection (3) (a).

(9) Within 30 days after adopting a heritage designation bylaw, the local government must give notice of this

(a) to the land title office in accordance with section 1031, and

(b) to the minister responsible for the Heritage Conservation Act in accordance with section 1032.

Compensation for heritage designation

1024 (1) If a designation by a heritage designation bylaw causes, or will cause at the time of designation, a reduction in the market value of the designated property, the local government must compensate an owner of the designated property who makes an application under subsection (2), in an amount or in a form the local government and the owner agree on or, failing an agreement, in an amount or in a form determined by binding arbitration under subsection (4).

(2) The owner of a designated property may apply to the local government for compensation for the reduction in the market value of the designated property.

(3) An application under subsection (2)

(a) must be made, in order for the owner to be entitled to compensation under this section, no later than one year after the heritage designation bylaw is adopted, and

(b) may be made before the heritage designation bylaw is adopted.

(4) If the local government and an owner are unable to agree

(a) that the owner is entitled to compensation, or

(b) on the amount or form of compensation, then either the local government or the owner may require the matter to be determined by binding arbitration under the Commercial Arbitration Act.

(5) An arbitration under this section must be by a single arbitrator unless the local government and the owner agree to the appointment of an arbitration panel.

(6) The arbitrator or arbitration panel, in determining whether the owner is entitled to compensation and the amount or form of compensation, must consider

(a) financial and other support available for conservation of the designated property, and

(b) any other benefits that are available because of the designation of the property.

(7) Compensation must not be paid, and an arbitration must not continue, if the local government decides not to make the designation.

(8) Nothing in this section authorizes the local government to give any financial or other benefit to an owner except that which is commensurate with reduction in the market value of the designated property as caused by that designation.

(9) This section does not apply with respect to property that, immediately before the adoption of the heritage designation bylaw, is already designated under a heritage designation bylaw or under section 4 of the Heritage Conservation Act.

Heritage site maintenance standards

1025 (1) The local government may, by bylaw, establish minimum standards for the maintenance of real property that is

(a) designated as protected by a heritage designation bylaw, or

(b) within a heritage conservation area.

(2) Different standards may be established under subsection (1) for different areas or for different types or classes of property.

Heritage conservation areas

1026 (1) If an official community plan designates a heritage conservation area, a person must not do any of the following unless a heritage alteration permit authorizing the action has been issued:

(a) subdivide land within the area;

(b) start the construction of a building or structure or an addition to an existing building or structure within the area;

(c) alter a building or structure or land within the area;

(d) alter a feature that is protected heritage property.

(2) Subsection (1) does not apply if conditions established under section 945 (7) (a) apply.

(3) If a heritage alteration permit is required by subsection (1), a delegate under section 1006 may only act in relation to such a permit if

(a) the property is protected heritage property, or

(b) the permit relates to a feature or characteristic identified under section 945 (7) (c).

Division (5) -- Heritage Alteration Permits

Heritage alteration permits

1027 (1) A local government or its delegate may issue a heritage alteration permit authorizing alterations or other actions if such authorization is required

(a) by this Act or by a bylaw or order under this Act,

(b) by a heritage revitalization agreement, or

(c) by a covenant under section 215 of the Land Title Act.

(2) A heritage alteration permit may, in relation to protected heritage property or property within a heritage conservation area, vary or supplement a bylaw under Division (4) or (7) of Part 29, subject to the limits that

(a) the use or density of use may not be varied,

(b) a flood plain specification under section 969 (2) may not be varied, and

(c) in relation to property within a heritage conservation area, this authority may only be exercised in accordance with the guidelines established under section 945 (6) (c) for the heritage conservation area.

(3) A local government or its delegate may refuse to issue a heritage alteration permit for an action that, in the opinion of the local government or delegate, would not be consistent with the purpose of the heritage protection of the property.

(4) If the refusal to issue a heritage alteration permit prevents the use of land that is allowed under the applicable zoning bylaw or the development of land to the density that is allowed under the applicable zoning bylaw, the local government or delegate must inform the applicant of the requirements or conditions under which the use or density proposed by the applicant would be allowed.

Requirements and conditions in a heritage alteration permit

1028 (1) A heritage alteration permit may be made subject to such requirements and conditions as the local government or its delegate considers consistent with the purpose of the heritage protection of the property.

(2) Without limiting the generality of subsection (1), a heritage alteration permit may include one or more of the following:

(a) conditions respecting the sequence and timing of construction;

(b) conditions respecting the character of the alteration or action to be authorized, including landscaping and the siting, form, exterior design and finish of buildings and structures;

(c) if the permit is required by this Part or a bylaw or order under this Part, a requirement that the applicant provide a specified amount of security in a form satisfactory to the local government.

(3) Interest earned on security under subsection (2) (c) becomes part of the amount of the security.

Division (6) -- Notices under this Part

Giving notice to owners and occupiers

1029 (1) If notice is required to be given to an owner or occupier under this Part, the notice must be given to the owner or occupier in accordance with this section.

(2) A notice to an owner is sufficiently given to the owner if

(a) it is served personally on the owner,

(b) it is sent by registered mail, or a method of delivery that provides proof of delivery, to the person's actual or last known address,

(c) in the circumstances described in subsection (4), it is published in accordance with that subsection, or

(d) it is given as authorized by regulation under section 1033.

(3) A notice to an occupier is sufficiently given to the occupier if

(a) the notice is given individually to each occupier in accordance with subsection (2), or

(b) the notice is posted on or near the property in accordance with section 1030.

(4) If a notice cannot be served personally on an owner or occupier and the person's actual or last known address cannot be determined after reasonable steps for the purpose have been taken, the notice may be given by publication in 2 issues, at least one week apart, of a newspaper having general circulation

(a) in the area where the owner or occupier to be given notice was last known to reside or carry on business according to the information available to the person giving the notice, or

(b) in the area where the land to which the notice relates is situated.

(5) A notice given in accordance with subsection (2) (b) is deemed to be received on the earlier of

(a) the date the person to whom it is sent actually receives the notice, and

(b) the end of 10 days after the date on which the notice was sent.

Posting notice on protected heritage property

1030 (1) A local government may authorize a person to post one or more notices on or near

(a) protected heritage property, or

(b) real property subject to temporary heritage protection under section 1011, 1014, 1017, 1018 or 1019.

(2) Before entering land to post a notice, the local government must make a reasonable effort to inform the owner or occupier of the land.

(3) Except as authorized by the local government, a person must not alter or remove a notice posted under the authority of this section.

Notice on land titles

1031 (1) A local government must file a written notice in the land title office with respect to the following real property:

(a) property that is subject to a provision under section 400.2 (1) or 819.3 (1);

(b) property that is subject to a heritage revitalization agreement;

(c) property designated by a heritage designation bylaw.

(2) On receipt of a notice under subsection (1), the registrar must make a note of the filing on the title of the affected land.

(3) If a provision, agreement or bylaw referred to in subsection (1) no longer applies to property for which a notice was filed under this section, the local government must notify the land title office.

(4) On receipt of a notice under subsection (3), the registrar must cancel the note made under subsection (2).

(5) Notification to the land title office under subsection (1) or (3) must be made in a form satisfactory to the registrar.

(6) The protection of property under this Act is not affected by

(a) an inadvertent and minor error or omission in a notice given by a local government to the registrar in relation to a note on a land title,

(b) an error or omission in a note on a land title, or

(c) a failure by the registrar to make a note on a land title.

(7) In the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making or cancelling of a note under this section,

(a) the registrar is not liable nor is the Crown vicariously liable, and

(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.

(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under this section, and section 315 of the Land Title Act applies in respect of those fees.

Notice to minister responsible for the Heritage Conservation Act

1032 (1) A local government must notify the minister responsible for the Heritage Conservation Act with respect to the following real property:

(a) heritage property for which a tax exemption is provided under section 400.1 or 819.2;

(b) heritage property included under section 945 (7) (b) in a schedule to an official community plan;

(c) heritage property identified in a community heritage register under section 1009;

(d) heritage property that is subject to a heritage revitalization agreement;

(e) property designated by a heritage designation bylaw.

(2) If the provisions that require that notice must be given under subsection (1) no longer apply to any real property, the local government must notify the minister responsible for the Heritage Conservation Act.

(3) Notices to the minister under subsections (1) and (2) must be made in a form satisfactory to that minister.

(4) The protection of property under this Act is not affected by an error or omission in a notice given under this section.

Regulations regarding notices

1033 (1) The Lieutenant Governor in Council may make regulations respecting the form, content and means of giving notice under this Part or under section 400.1 (5), 819.2 (5) or 945 (8) or (9).

(2) Regulations under subsection (1) may be different for different types of notices and for different types of properties.

Division (7) -- Remedies and Offences

Civil remedies in relation to heritage property

1034 (1) A local government may apply to the Supreme Court for an order for compliance or restoration if a person does one or more of the following:

(a) does anything for which a heritage alteration permit is required by or under this Act without the authority of a heritage alteration permit;

(b) fails to comply with the requirements and conditions of a heritage alteration permit;

(c) fails to comply with a direction of the Ombudsman under section 1007 (4);

(d) fails to bring property up to the standards established under section 1025.

(2) An order under subsection (1) may include one or more of the following:

(a) a requirement that, on terms and conditions the court specifies, the person restore the property to which the matter relates to its condition before the contravention;

(b) a requirement that the person undertake compensatory conservation work as the court considers appropriate on the property that was affected or on other property, or that conservation work be performed by others at the expense of that person;

(c) a requirement that the person comply with a direction under section 1007 (4) or with the requirements and conditions of a heritage alteration permit;

(d) a requirement that the person carry out measures specified by the court to ameliorate the effects of the contravention or non-compliance;

(e) an authorization that the local government may, by its employees or others at the expense of the owner, perform work regarding a matter referred to in this subsection;

(f) any other requirement the court considers advisable.

(3) If an order is made under subsection (2) (e), the court may specify how and when the person will reimburse the local government for the cost of the work performed and the cost of incidental expenses accruing under the order.

(4) Without limiting the generality of subsection (3), the court may order the following:

(a) if applicable, authorize the local government to apply all or part of a security deposit held under section 1028 to the cost of the work performed and the cost of incidental expenses under the order;

(b) authorize the local government to add the cost of the work undertaken and the cost of incidental expenses under the order to the taxes payable to the local government with regard to the property for the year in which the work is performed.

(5) An order may be made under this section whether or not a person is charged with an offence under section 1036 in relation to the matter.

Notice of contravention may be filed in land title office

1035 (1) An officer or employee of a local government may recommend to the local government that a notice be filed in the land title office if the officer or employee discovers in the course of duties that any of the following has occurred:

(a) something for which a heritage alteration permit is required by or under this Act has been done without the authority of a heritage alteration permit;

(b) a person has failed to comply with the requirements and conditions of a heritage alteration permit;

(c) the terms and conditions of a heritage revitalization agreement have been contravened;

(d) a covenant registered by the local government under section 215 of the Land Title Act in relation to heritage property has been contravened.

(2) Section 750.1 (2) to (11) applies for the purposes of this section as though the person making the recommendation under subsection (1) of this section were a building inspector making a recommendation under section 750.1 (1).

(3) The authority under subsection (1) is in addition to any other action the person or local government is authorized to take in relation to the matter.

Offences and penalties

1036 (1) A person who does any of the following commits an offence:

(a) without the authority of a heritage alteration permit, does anything for which a heritage alteration permit is required by or under this Act;

(b) fails to comply with the requirements and conditions of a heritage alteration permit;

(c) alters property in contravention of a heritage revitalization agreement.

(2) A person convicted of an offence under subsection (1) is liable,

(a) if the person is an individual, to a fine of not more than $50000 or to imprisonment for a term of not more than 2years, or to both, or

(b) if the person is a corporation, to a fine of not more than $1000000.

(3) If a corporation commits an offence under subsection(1), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence also commits the offence and is liable to the penalty set out in subsection (2) (a) whether or not the corporation is convicted of the offence.

 
Municipal Aid Act

80 Section 1 of the Municipal Aid Act, R.S.B.C. 1979, c.291, is amended in the definition of "Provincial land" by repealing paragraph (b) and substituting the following:

(b) that is a park, monument or historic site; .

81 Section 2 is amended by adding the following subsection:

(4) The Lieutenant Governor in Council may specify a portion of any land or improvements to be a park, monument or historic site under paragraph (b) of the definition of "Provincial land" in section 1.

 
Park Act

82 Section 6 (1) of the Park Act, R.S.B.C. 1979, c.309, is amended

(a) by repealing paragraph (c) and substituting the following:

(c) Crown land is a heritage site under the Heritage Conservation Act; , and

(b) by adding the following paragraph:

(e.1) land is owned by a person who has entered into an agreement with the Crown or an agent of the Crown respecting the conservation, preservation or protection of the land or an amenity in relation to it;.

 
Property Transfer Tax Act

83 Section 5.2 (1) (b) (i) of the Property Transfer Tax Act, S.B.C. 1987, c.15, is amended by striking out "described in section 215 (1.1) (e)" and substituting "described in section 215 (1.3) (c)".

 
Taxation (Rural Area) Act

84 Section 13 (1) (u) of the Taxation (Rural Area) Act, R.S.B.C. 1979, c.400, is amended by adding "or 819.2 (2)" after "section 819.1 (3)".

 
University Act

85 Section 27 of the University Act, R.S.B.C. 1979, c.419, is amended by adding the following paragraph:

(d.1) in consultation with the senate, to provide for conservation of the heritage sites of the university, including any heritage buildings, structures and land of the university;.

86 Section 36 is amended by adding the following paragraph:

(l.1) to establish policies regarding the conservation of heritage objects and collections that are owned by or in the possession of the university or any of its faculties, divisions, departments or other agencies; .

 
University Endowment Land Act

87 Section 9.1 of the University Endowment Land Act, R.S.B.C. 1979, c.420, is amended

(a) in subsection (1) (a) by adding "and the conservation of heritage sites" after "land, buildings and structures", and

(b) in subsection (2) by adding the following paragraph:

(a.1) include any provision that could be enacted by a local government under Part 30 of the Municipal Act, .

 
Vancouver Charter

88 Section 2 of the Vancouver Charter, S.B.C. 1953, c.55, is amended by adding the following definitions:

"conservation" includes any activity undertaken to protect, preserve or enhance the heritage value or heritage character of heritage property or an area;

"heritage character" means the overall effect produced by traits or features which give property or an area a distinctive quality or appearance;

"heritage property" means property that

(a) in the opinion of a person or body authorized to exercise a power under this Act in relation to the property, has sufficient heritage value or heritage character to justify its conservation, or

(b) is protected heritage property;

"heritage value" means historical, cultural, aesthetic, educational or scientific worth or usefulness of property or an area;

"protected heritage property" means property that is

(a) protected under section 6 (2) of the Heritage Conservation Act, or

(b) designated as protected under section 593;.

89 The following section is added:

Application of specified municipal enactments

2.1 (1) Sections 25, 237, 514 to 523, 617, 618, 619, 683, 766 to 821, 847, Division (4.1) of Part 28, and sections 932.1 (3) and 988 (6) of the Municipal Act apply to the city.

(2) Despite anything in the Municipal Act to the contrary, the only provisions of that Act that apply to the city are the provisions referred to in subsection (1).

(3) The Municipalities Enabling and Validating Act and the Municipalities Enabling and Validating Act (No. 2) apply to the city.

90 Section 152 is repealed and the following substituted:

Power to accept property

152 (1) The city may accept any property devised, bequeathed, conveyed or otherwise transferred to it, subject to any trusts on which the property is transferred.

(2) If the sale of property is necessary to carry out the terms of a trust under which it was transferred, the Council may sell the property despite any limitations or restrictions in this Act.

(3) All monies held by the city subject to a trust, until required for the purposes of the trust, must be invested in the manner provided for the investment of sinking funds.

(4) If, in the opinion of the Council, the terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the city, the Council may apply to the Supreme Court for an order under subsection (5).

(5) On an application under subsection (4), the Supreme Court may vary the terms or trusts as the court considers will better further both the intent of the donor, settlor, transferor or testator and the best interests of the city.

(6) Section 89 of the Trustee Act applies to an order under subsection (5).

91 Section 185 (1) is repealed and the following substituted:

(1) The Council may from time to time make the necessary expenditures for the maintenance, upkeep, conservation, repair and improvement of any property of the city.

92 The following section is added:

Power to achieve heritage purposes

193C The Council may engage in activities or expend money for one or more of the following purposes:

(a) to acquire, conserve and develop heritage property and other heritage resources;

(b) to gain knowledge about the city's history and heritage;

(c) to increase public awareness, understanding and appreciation of the city's history and heritage;

(d) for any other activities that it considers necessary or desirable with respect to the conservation of the heritage property and other heritage resources.

93 Section 204 is amended

(a) by adding the following paragraph:

Heritage recognition

(h.1) recognizing the heritage value or heritage character of a property or area by making awards to the owner of such property or by installing, with the consent of the owner, plaques or other markers on or near the property; , and

(b) in paragraph (j) by adding the following:

(vi.1) heritage property or land necessary for the conservation of heritage property; .

94 Section 206 is amended by renumbering the section as section 206 (1) and by adding the following subsection:

(2) The Council may, by a vote of at least 2/3 of the votes cast and subject to any terms and conditions the Council considers appropriate, provide financial and other assistance for the conservation of property that is

(a) protected heritage property, or

(b) subject to a covenant under section 215 of the Land Title Act that relates to the conservation of heritage property.

95 Section 294 (4) is amended by adding the following paragraph:

(g.2) a member of a heritage commission under section 581, .

96 The following sections are added:

Exemptions for heritage properties

396A (1) In this section and section 396B "eligible heritage property" means property that is

(a) protected heritage property,

(b) subject to a heritage revitalization agreement under section 592, or

(c) subject to a covenant under section 215 of the Land Title Act that relates to the conservation of heritage property.

(2) Despite section 396 but subject to subsection (3) of this section, for the purposes of supporting the conservation of an eligible heritage property, before August 31 in any year the Council may, by by-law adopted by at least 2/3 of the votes cast, do one or more of the following:

(a) exempt all or part of the eligible heritage property from real property taxation under this Part;

(b) if eligible heritage property exempted under paragraph (a) is a building or other improvement so affixed to the land as to constitute real property, exempt an area of land surrounding the exempted property from real property taxation under this Part for the same period of time as the exemption is made under paragraph (a);

(c) limit an exemption under paragraph (a) or (b) to a specified portion of the net taxable value of the property to which the exemption applies;

(d) make an exemption under this subsection subject to specified conditions.

(3) A by-law under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if the by-law receives the assent of the electors or is approved by the electors in accordance with subsection (4), for a specified period not greater than 10 years.

(4) Approval of the electors to a by-law under subsection (2) is deemed to have been given if all the following requirements are met:

(a) at least 30 days before adopting the by-law, a notice is published in at least 2 issues of a newspaper circulating in the city

(i) identifying the eligible heritage property that would be subject to the by-law,

(ii) describing the exemption that would be made for the eligible heritage property, and

(iii) stating that the by-law may be adopted by the Council after 30 days unless more than 1/20 of the electors petition the Council to obtain the assent of the electors to the by- law;

(b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the City Hall during its regular office hours;

(c) by the end of 30 days after the notice is first published under paragraph (a), 1/20 or fewer of the electors have petitioned the Council to obtain the assent of the electors to the by-law.

(5) Within 30 days after adopting a by-law under this section, the Council must give notice of the by-law to the minister responsible for the Heritage Conservation Act in accordance with section 602.

Repayment requirement in relation to heritage exemptions

396B (1) A by-law under section 396A may provide that, if any of the following circumstances as specified in the by-law occur, the Council may require the owner of the eligible heritage property at that time to pay to the city an amount equivalent to the total taxes exempted under the by-law plus interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate established under section 415 for delinquent taxes:

(a) if the eligible heritage property is destroyed, whether with or without proper authorization under the requirements of the heritage protection of the property;

(b) if the eligible heritage property is altered by or on behalf of the owner without proper authorization under the requirements of the heritage protection of the property;

(c) if any other circumstances specified in the by-law occur.

(2) A by-law under section 396A that includes a provision under subsection (1) may not be adopted without the consent of the current owner of the eligible heritage property to which the by-law applies.

(3) If a by-law under section 396A includes a provision under subsection (1), within 30 days after the by-law is adopted the Council must have notice of the by-law filed in the land title office in accordance with section 601.

(4) If a by-law under section 396A includes a provision under subsection (1) and a circumstance referred to in the provision occurs, the Council may, by by-law adopted by at least 2/3 of the votes cast, either

(a) require the owner to pay the amount referred to in subsection (1), or

(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (1).

(5) If the Council does not adopt a by-law under subsection (4) (a) within one year after it becomes aware of the circumstance in relation to which the by-law could be adopted, the Council is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (1).

(6) If the Council adopts a by-law under subsection (4) (a) within the time period referred to in subsection (5), the Council may

(a) add the amount referred to in subsection (1) to the taxes for the current year payable to the city in relation to the eligible heritage property, or

(b) make an agreement with the current owner regarding payment of the amount referred to in subsection (1) as a personal debt to the city.

97 Section 397 (4) is repealed and the following substituted:

(4) Residential property that is only partly exempt from taxation under section 396 (1) or a by-law under section 396A is liable to taxation under section 374.3.

98 Section 455 is amended in the definition of "business promotion scheme" by striking out "and" at the end of paragraph (b) and by adding the following paragraph:

(b.1) the conservation of heritage property in one or more business improvement areas, and .

99 Section 565 is amended by adding the following subsection:

(3) The regulations under subsection (1) may be different for different protected heritage property, as specified in the by-law.

100 Section 565A is amended

(a) by adding the following paragraph:

(d.1) delegating to the Director of Planning, or to any board composed of officials of the city, the power to refuse to issue a development permit if, in the opinion of the delegate, the proposed action would detract from the heritage value or heritage character of protected heritage property; , and

(b) by repealing paragraph (e) (ii) and substituting the following:

(ii) Council determines that the proposed development would make a contribution to conserving heritage property, .

101 Section 568 is amended by adding the following subsections:

Heritage property

(7) Despite subsection (4), additions or structural alterations to a protected heritage property may be undertaken if they are permitted or authorized in accordance with the provisions governing the heritage protection of the property.

(8) Subsection (5) does not apply to additions or structural alterations made to a protected heritage property if the additions or structural alterations are permitted or authorized in accordance with a heritage alteration permit under section 597.

102 Section 570 is amended

(a) by repealing subsection (1) and substituting the following:

(1) Before the adoption of a zoning by-law, an official development plan or a by-law under section 593 designating a heritage property, or of an amendment to a zoning by-law or an alteration, addition or extension to an official development plan, the Council may cause to be withheld the issuance of any development or building permit for a period of 30 days from the date of application for such permit. , and

(b) by adding the following subsection:

(4) Despite subsection (1), an owner of property for which a permit has been withheld before the adoption of a by-law designating a heritage property may agree that a permit may be withheld for a period longer than the 30 days referred to in subsection (1) and, in that case, subsection (1) continues to apply during that longer period and subsection (2) is deemed to read as if the longer period applies.

103 Section 573 is amended by adding the following subsection:

(2.1) The Board shall not allow an appeal that would apply to a property for which an authorization for alterations is required under Part XXVIII.

104 Part XXVIII is repealed and the following substituted:

PART XXVIII

HERITAGE CONSERVATION

Division (1) -- General

Definitions

575 (1) The definitions in section 559 apply to this Part.

(2) In addition to the definitions made applicable by subsection (1), in this Part "adopt" includes amend or repeal;

"alter" means to change in any manner and, without limiting this, includes

(a) the making of an improvement, as defined in the Builders Lien Act, and

(b) any action that detracts from the heritage value or heritage character of heritage property;

"approval" means a permit, licence or other authorization required under this or any other enactment;

"delegate" means, in relation to a power or duty, a committee, board or person given authority under section 579 to exercise that power or duty;

"heritage alteration permit" means a permit under section 597;

"heritage designation by-law" means a by-law under section 593;

"heritage inspection" means the physical examination of property and the research necessary to assess the heritage value and the heritage character of the property or to determine the need for conservation of the property;

"heritage revitalization agreement" means an agreement under section 592.

Limits on the use of this Part

576 (1) This Part must not be used to conserve natural landscapes or undeveloped land except

(a) to the extent that the exercise of power under this Part in respect of natural landscape or undeveloped land is, in the opinion of the Council, necessary for the conservation of adjacent or proximate land, or an adjacent or proximate building, that is protected heritage property, or

(b) with respect to

(i) a site that has heritage value or heritage character related to human occupation or use, or

(ii) individual landmarks and other natural features that have cultural or historical value.

(2) This Part must not be used to prevent a use of real property that is permitted under the applicable zoning by-law for the property or to prevent the development of land to the density permitted under the applicable zoning by-law, except with regard to property that

(a) is designated by a heritage designation by-law, or

(b) is subject to temporary heritage protection under this Part.

Limit on compensation

577 Except as provided in sections 584 (7) and 595, no person is entitled to compensation for

(a) any loss or damage, or

(b) any reduction in the value of property that results from the performance in good faith of any duty under this Part or the exercise in good faith of any power under this Part.

By-law and permit procedures

578 (1) Every application for a heritage alteration permit or the amendment of a by-law under this Part must be considered by the Council or, if applicable, its delegate under section 579.

(2) The applicant or owner of property subject to a decision made by a delegate under section 579 is entitled to have the Council reconsider the matter without charge.

Delegation of Council authority

579 (1) The Council may, by by-law adopted by at least 2/3 of the votes cast, delegate to a committee of Council members, a board under section 565A (d) or (d.1) or an officer or employee its powers and duties under one or more of the following, subject to any limits or conditions established by the Council:

(a) section 584 respecting heritage inspections;

(b) section 585 respecting

(i) the requirement for an impact assessment,

(ii) the establishment of specifications regarding an impact assessment,

(iii) the undertaking of an impact assessment under subsection (1) (b) of that section, and

(iv) the determination of whether the information required under that section has been provided;

(c) section 587 (5) (b) respecting agreements to requirements and conditions to prevent or mitigate an alteration;

(d) section 590 respecting the identification of heritage property in a heritage control area;

(e) section 597 respecting

(i) the issuance or refusal of heritage alteration permits,

(ii) the establishment of requirements and conditions of a heritage alteration permit, and

(iii) the determination of whether the requirements and conditions of a heritage alteration permit have been met.

(2) A by-law under subsection (1) must

(a) establish procedures regarding applying for and dealing with a reconsideration under section 578 (2), and

(b) if the by-law authorizes a delegate to require an applicant to post a security deposit under section 598 (2) (c), establish guidelines with regard to the amount of security that may be required.

Ombudsman review of Council decisions

580 (1) The Ombudsman appointed under the Ombudsman Act may investigate complaints about decisions made by the Council under this Part or procedures used by the Council under this Part.

(2) Subsection (1) does not authorize the Ombudsman to investigate an issue involving compensation for reduction in the market value of real property caused by a designation under section 593.

(3) The Ombudsman Act, other than section 11 (1) (a) of that Act, applies to investigations under this section and, for that purpose, the Council is deemed to be an authority as defined in that Act.

(4) During an investigation under this section and for up to 6 months after the completion of the investigation if the Ombudsman considers the matter to be unresolved, the Ombudsman may direct that the Council or the complainant, or both, must not take any action on matters specified by the Ombudsman.

(5) If the Ombudsman makes a recommendation under section 22 or 23 of the Ombudsman Act regarding an investigation under this section and no action that the Ombudsman believes adequate or appropriate is taken by the Council within a reasonable time, the Ombudsman may make a report to the Lieutenant Governor in Council of the recommendation and such additional comments as the Ombudsman considers appropriate.

(6) On receipt of a report from the Ombudsman, the Lieutenant Governor in Council may make an order that the Lieutenant Governor in Council believes is in the public interest, and the order is binding on the Council.

(7) Nothing in this section diminishes the authority of the Ombudsman under the Ombudsman Act.

Division (2) - Heritage Review

Heritage commissions

581 (1) The Council may, by by-law, do one or more of the following:

(a) establish one or more heritage commissions, which may be different for different areas and different purposes;

(b) authorize existing organizations to act as heritage commissions;

(c) establish one or more joint heritage commissions with one or more other local governments.

(2) A by-law under subsection (1)

(a) must establish the terms of reference for the heritage commission, and

(b) if the by-law establishes a heritage commission under subsection (1) (a) or (c), must establish

(i) the composition of the heritage commission,

(ii) the manner by which the members of the heritage commission are to be appointed, and

(iii) the procedures governing the conduct of the heritage commission or the manner by which these procedures are to be established.

(3) A heritage commission under subsection (1) may do the following:

(a) advise the Council on any matter that is included in its terms of reference;

(b) advise the Council on matters referred to it by the Council;

(c) undertake or provide support for such activities as are included in its terms of reference or otherwise authorized by the Council.

(4) Meetings of a heritage commission must be open to the public, except for those meetings or portions of meetings at which the commission considers matters for which the Council has authorized the commission to meet in private.

Heritage register

582 (1) The Council may establish a heritage register that identifies real property that is considered by the Council to be heritage property.

(2) The heritage register

(a) must indicate the reasons why property included in a heritage register is considered to have heritage value or heritage character, and

(b) may distinguish between heritage properties of differing degrees and kinds of heritage value or heritage character.

(3) Within 30 days after including a property in a heritage register or deleting property from a heritage register, the Council must give notice of this

(a) to the owner of the heritage property in accordance with section 599, and

(b) to the minister responsible for the Heritage Conservation Act in accordance with section 602.

(4) The protection of heritage property is not affected by an error or omission in a heritage register.

Heritage inspection may be ordered

583 (1) For the purposes of assessing the heritage value, heritage character or the need for conservation of real property, the Council or its delegate may order a heritage inspection of the property in any of the following circumstances:

(a) the property is or may be protected heritage property;

(b) the property is identified as heritage property in a heritage register;

(c) the property is or may be heritage property according to criteria that the Council may, by by-law, establish for the purposes of this Part.

(2) An order under subsection (1)

(a) must state the purpose of the heritage inspection,

(b) must specify how long the order is to remain in effect,

(c) must require the heritage inspection to be carried out in an expeditious manner,

(d) may provide that the property covered by the order is subject to temporary protection as provided in section 591 until the applicable time under subsection (3) or section 584 (4), and

(e) may include terms and conditions the Council or delegate considers appropriate.

(3) Temporary protection under subsection (2) (d) applies until the earliest of the following, subject to an extension of this time under section 584 (4):

(a) the day after a report of the results of the heritage inspection is delivered to a regular meeting of the Council;

(b) the day the Council or its delegate informs the owner that the heritage inspection is completed or is no longer required;

(c) 30 days after the day on which the heritage inspection was ordered.

Entry authority for a heritage inspection

584 (1) An order under section 583 (1) authorizes a person conducting the heritage inspection to enter land or premises identified in the order at any reasonable time on presentation of a copy of the order.

(2) Subsection (1) does not authorize entry into a private living accommodation without the permission of the occupier or owner unless a warrant is issued under subsection (3).

(3) A justice may issue a warrant authorizing a person to enter land or premises and carry out a heritage inspection if the justice is satisfied by information on oath in writing that

(a) there are reasonable grounds to believe that entry is required to achieve the purposes of the order under section 583 (1), and

(b) there are reasonable grounds to believe that

(i) admission has been refused or refusal is anticipated,

(ii) an emergency exists,

(iii) the occupier is temporarily absent, or

(iv) the land or premises are unoccupied.

(4) A warrant under subsection (3) may extend the time period for which the property is protected under section 583 (3) and continues in force until the purpose for which the entry is required has been satisfied.

(5) A person conducting a heritage inspection may perform tests and remove material samples that are necessary for the purposes of the heritage inspection, but must do this in such a manner that any alterations are as minor and inconspicuous as reasonably possible given the requirements of the heritage inspection.

(6) If, as part of a heritage inspection, an alteration is made or material is removed, the Council must provide the owner with a report of what was done.

(7) If a heritage inspection is conducted under a warrant under subsection (3), the person conducting the heritage inspection must be accompanied by a peace officer.

(8) A person whose property is damaged by a heritage inspection under section 583 (1) is entitled to have the damage repaired at the expense of the Council or, if the damage cannot be repaired, to compensation from the Council.

Impact assessment may be required

585 (1) If, in the opinion of the Council or its delegate, an approval may affect protected heritage property, the Council or delegate may require the applicant for the approval, before the approval is issued,

(a) to provide the Council or delegate, at the expense of the applicant, with information regarding the possible effects that the activity or action enabled by the approval may have on the heritage property, or

(b) to permit the Council or delegate to undertake, at the expense of the Council, studies regarding the matters referred to in paragraph (a).

(2) A requirement under subsection (1) must be communicated to the applicant in writing and include specifications of the information to be provided and of the qualifications of any persons undertaking studies to produce the information.

(3) Specifications referred to in subsection (2) must not be changed by the Council or its delegate without the agreement of the applicant.

Requests for Provincial protection

586 (1) If, in the opinion of the Council, a building or site owned by the Crown has heritage value or heritage character, the Council may, by resolution, request that the Lieutenant Governor in Council consider protection of the building or site under the Heritage Conservation Act.

(2) Within 5 days after a resolution under subsection (1) is adopted, the Council must notify the minister responsible for the Heritage Conservation Act of the request.

(3) Once a request has been made under subsection (1), the property for which the protection is requested is subject to temporary protection in accordance with section 591 until the earlier of the following:

(a) the end of 30 days after the resolution authorizing the request was adopted;

(b) the minister responsible for the Heritage Conservation Act notifies the Council in writing that the temporary protection is ended.

(4) Despite section 14 (2) of the Interpretation Act, subsection (3) applies to the Crown.

(5) No more than one request may be made under subsection (1) with respect to any particular building or site during any one 10 year period.

Division (3) -- Temporary Protection

Withholding of approvals

587 (1) The Council may, by by-law, direct or authorize a board, committee, officer or employee who issues approvals to withhold the issuance of any approval for an action which, in the opinion of the board, committee or person responsible for issuing the approval, would alter or cause an alteration to any of the following:

(a) protected heritage property;

(b) property subject to temporary heritage protection under another section of this Part;

(c) property in a heritage register under section 582.

(2) A by-law under subsection (1) may establish restrictions, limits or conditions on the duty or power to withhold approvals.

(3) If an approval is withheld under subsection (1), the matter must be referred to the Council at its next regular meeting after the approval is withheld.

(4) If an approval is referred to the Council with regard to property referred to in subsection (1) (a) or (b), the Council may authorize that the approval continue to be withheld until an action referred to in subsection (5) occurs.

(5) An approval must not be withheld under this section if one or more of the following occurs:

(a) a heritage alteration permit is issued authorizing the alteration to which the approval applies;

(b) the applicant agrees to terms and conditions satisfactory to the Council or its delegate to mitigate or prevent circumstances that may detract from the heritage value or heritage character of the property;

(c) in the case of property subject to temporary heritage protection, the protection expires;

(d) in the case of property that appears to the board, committee or person responsible for issuing the approval to be protected under the Heritage Conservation Act, the Council is notified by the minister responsible for that Act that the requirements of that Act have been met or do not apply.

(6) Except as provided in subsection (4), nothing in this section authorizes the withholding of an approval to which an applicant would otherwise be entitled beyond the time of the meeting at which the matter is referred to the Council under subsection (3).

Withholding of demolition permits pending other approvals

588 (1) Without restricting section 587, the Council may, by by- law, authorize or direct the withholding of permits for demolition until a heritage alteration permit, a building permit and, if required, all other necessary approvals are issuable or have been issued with respect to the alteration or development of real property that is

(a) protected heritage property, or

(b) identified in a heritage register.

(2) The Council may establish restrictions, limits or conditions on a duty or power under subsection (1).

(3) Nothing in this section authorizes the withholding of any approvals other than permits for demolition of heritage property.

Orders for temporary protection

589 (1) The Council may order that real property is subject to temporary protection in accordance with section 591 if the Council considers that

(a) the property is or may be heritage property, or

(b) protection of the property may be necessary or desirable for the conservation of other property that is heritage property.

(2) An order under subsection (1) must specify the time period during which the temporary protection applies, which may not be longer than 120 days unless the owner of the property agrees to a longer time period.

(3) An order under subsection (1) may do one or more of the following:

(a) identify landscape features that are subject to the order;

(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;

(c) establish policies regarding the issuance of a heritage alteration permit in relation to the property.

Heritage control periods for temporary protection

590 (1) For the purposes of heritage conservation planning for an area identified in the by-law, the Council may, by by- law, declare a heritage control period with respect to the area.

(2) A by-law under subsection (1) must specify the length of the heritage control period, which may not be longer than one year from the date of adoption of the by-law.

(3) A by-law under subsection (1) may do one or more of the following:

(a) identify types of landscape features that are included in the protection under this section;

(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;

(c) establish policies regarding the issuance of a heritage alteration permit in relation to property within the area covered by the by-law.

(4) During a heritage control period under subsection (1), property within the area covered by the by-law is subject to temporary protection in accordance with section 591.

(5) A heritage control period under this section may be declared once only during any 10 year period for an area or portion of an area.

Temporary protection

591 (1) While property is subject to temporary protection in accordance with this section, except as authorized by a heritage alteration permit or as referred to in subsection (2), a person must not do any of the following to the property:

(a) alter the exterior of a building;

(b) make a structural change to a building;

(c) move a building;

(d) alter, move or take an action that would damage a landscape feature identified in the authorizing resolution, order or by-law for the temporary protection;

(e) alter, excavate or build on the property.

(2) The prohibition under subsection (1) does not apply to alterations that are allowed by the authorizing resolution, by-law or order for the temporary protection to be made without a heritage alteration permit.

Division (4) -- Continuing Protection

Heritage revitalization agreements

592 (1) The Council may, by by-law, enter into a heritage revitalization agreement under this section with the owner of heritage property.

(2) A heritage revitalization agreement may do one or more of the following:

(a) include provisions regarding the phasing and timing of the commencement and completion of actions required by the agreement;

(b) vary provisions, including provisions regarding use, of

(i) a by-law under section292,

(ii) a by-law under Part XXIV-A,

(iii) a zoning by-law under Part XXVII,

(iv) a development permit under Part XXVII, or

(v) a by-law or heritage alteration permit under this Part;

(c) include such other terms and conditions as may be agreed upon by the Council and the owner.

(3) A heritage revitalization agreement prevails over a by- law or permit referred to in subsection (2) (b) to the extent of any conflict.

(4) A heritage revitalization agreement may only be amended by by-law with the consent of the owner.

(5) The Council must not require an owner to enter into or consent to the amendment of a heritage revitalization agreement as a condition of issuing any permit, licence or other authorization that may be required to enable the heritage property to be used or developed in accordance with the applicable by-law.

(6) The Council must not enter into or amend a heritage revitalization agreement unless the agreement or amendment is approved by the Minister of Municipal Affairs if circumstances prescribed under subsection (7) apply.

(7) The minister may, by regulation, prescribe circumstances in which approval under subsection (6) is required.

(8) The Council must hold a public hearing on the matter before entering into or amending a heritage revitalization agreement if the agreement or amendment would permit a change to the use or density of use that is not otherwise authorized by the applicable zoning of the property and, for these purposes, section 566 applies.

(9) Within 30 days after entering into or amending a heritage revitalization agreement, the Council must

(a) file a notice in the land title office in accordance with section 601, and

(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 602.

(10) If a notice is filed under subsection (9) (a), the heritage revitalization agreement and any amendment to it is binding on all persons who acquire an interest in the land affected by the agreement.

Heritage designation protection

593 (1) Except as authorized by a heritage alteration permit or allowed under subsection (3) (f), a person must not do any of the following:

(a) alter the exterior of a building protected under this section;

(b) make a structural change to a building protected under this section;

(c) move a building protected under this section;

(d) alter or remove an interior feature or fixture that is identified under subsection (3) (c);

(e) alter, remove or take any action that would damage a landscape feature that is identified under subsection (3) (d);

(f) alter, excavate or build on land protected under this section.

(2) The Council may, by by-law, on terms and conditions as it considers appropriate, designate real property in whole or in part as protected under this section if the Council considers that

(a) the property has heritage value or heritage character, or

(b) designation of the property is necessary or desirable for the conservation of a protected heritage property.

(3) A heritage designation by-law may do one or more of the following:

(a) apply to a single property or to part of a property;

(b) apply to more than one property, including property under diverse ownership;

(c) apply to affixed interior building features or fixtures identified in the by-law;

(d) apply to landscape features identified in the by-law;

(e) establish policies or procedures regarding the provision of financial or other support for the conservation of the heritage property;

(f) specify types of alterations to the property that are allowed without a heritage alteration permit;

(g) establish policies regarding the issuance of heritage alteration permits in relation to property covered by the by-law.

Heritage designation procedure

594 (1) Before a heritage designation by-law is adopted, the Council must hold a public hearing on the proposed by-law for the purpose of allowing affected parties and the general public to make representations respecting matters contained in the proposed by-law.

(2) Section 566 (3) and (5) applies with respect to the public hearing and enactment of the heritage designation by-law.

(3) At least 10 days before the public hearing, a notice in the prescribed form must be given in accordance with section 599 to

(a) all persons who, according to the records of the land title office, have a registered interest in real property that would be designated, and

(b) all occupiers of real property that would be designated.

(4) A notice in the prescribed form must also be published in at least 2 consecutive issues of a newspaper of general circulation within the city in which the real property that would be designated is located, with the last publication to be at least 3 days but not more than 10 days before the public hearing.

(5) The Council must have prepared a report regarding the property to be designated that includes information respecting the following matters:

(a) the heritage value or heritage character of the property;

(b) the compatibility of conservation with the community planning objectives in the area in which the property is located;

(c) the compatibility of conservation with lawful uses of the property and adjoining lands;

(d) the condition and economic viability of the property;

(e) the possible need for financial or other support to enable appropriate conservation.

(6) At least 10 days before the public hearing, the report under subsection (5) must be available for public inspection at the City Hall during its regular office hours.

(7) No heritage designation by-law is invalid for inadvertent and minor non-compliance with this section or Division (6), or for an error or omission in the report under subsection (5).

(8) Within 30 days after the Council adopts or defeats a heritage designation by-law or determines not to proceed with the by-law, the Council must give notice of this in the prescribed form to the owners entitled to notice under subsection (3) (a).

(9) Within 30 days after adopting a heritage designation by- law, the Council must give notice of this

(a) to the land title office in accordance with section 601, and

(b) to the minister responsible for the Heritage Conservation Act in accordance with section 602.

Compensation for heritage designation

595 (1) If a designation by a heritage designation by-law causes, or will cause at the time of designation, a reduction in the market value of the designated property, the Council must compensate an owner of the designated property who makes an application under subsection (2), in an amount or in a form the Council and the owner agree on or, failing an agreement, in an amount or in a form determined by binding arbitration under subsection (4).

(2) The owner of a designated property may apply to the Council for compensation for the reduction in the market value of the designated property.

(3) An application under subsection (2)

(a) must be made, in order for the owner to be entitled to compensation under this section, no later than one year after the heritage designation by-law is adopted, and

(b) may be made before the heritage designation by-law is adopted.

(4) If the Council and an owner are unable to agree

(a) that the owner is entitled to compensation, or

(b) on the amount or form of compensation, then either the Council or the owner may require the matter to be determined by binding arbitration under the Commercial Arbitration Act.

(5) An arbitration under this section must be by a single arbitrator unless the Council and the owner agree to the appointment of an arbitration panel.

(6) The arbitrator or arbitration panel, in determining whether the owner is entitled to compensation and the amount or form of compensation, must consider

(a) financial and other support available for conservation of the designated property, and

(b) any other benefits that are available because of the designation of the property.

(7) Compensation must not be paid, and an arbitration must not continue, if the Council decides not to make the designation.

(8) Nothing in this section authorizes the Council to give any financial or other benefit to an owner except that which is commensurate with reduction in the market value of the designated property as caused by that designation.

(9) This section does not apply with respect to property that, immediately before the adoption of the heritage designation by-law, is already designated under a heritage designation by-law or under section 4 of the Heritage Conservation Act.

Heritage site maintenance standards

596 (1) The Council may, by by-law, establish minimum standards for the maintenance of real property that is designated as protected by a heritage designation by-law.

(2) Different standards may be established under subsection (1) for different areas or for different types or classes of property.

Division (5) -- Heritage Alteration Permits

Heritage alteration permits

597 (1) The Council or its delegate may issue a heritage alteration permit authorizing alterations or other actions if such authorization is required

(a) by this Act or by a by-law or order under this Act,

(b) by a heritage revitalization agreement under section 592, or

(c) by a covenant under section 215 of the Land Title Act.

(2) A heritage alteration permit may, in relation to protected heritage property, vary or supplement a by-law under section 292 or 565, subject to the limit that the use or density of use may not be varied.

(3) The Council or its delegate may refuse to issue a heritage alteration permit for an action that, in the opinion of the Council or delegate, would not be consistent with the purpose of the heritage protection of the property.

(4) If the refusal to issue a heritage alteration permit prevents the use of land that is allowed under the applicable zoning by-law or the development of land to the density that is allowed under the applicable zoning by-law, the Council or delegate must inform the applicant of the requirements or conditions under which the use or density proposed by the applicant would be allowed.

Requirements and conditions in a heritage alteration permit

598 (1) A heritage alteration permit may be made subject to such requirements and conditions as the Council or its delegate considers consistent with the purpose of the heritage protection of the property.

(2) Without limiting the generality of subsection (1), a heritage alteration permit may include one or more of the following:

(a) conditions respecting the sequence and timing of construction;

(b) conditions respecting the character of the alteration or action to be authorized, including landscaping and the siting, form, exterior design and finish of buildings;

(c) if the permit is required by this Part or a by-law or order under this Part, a requirement that the applicant provide a specified amount of security in a form satisfactory to the Council.

(3) Interest earned on security under subsection (2) (c) becomes part of the amount of the security.

Division (6) -- Notices under this Part

Giving notice to owners and occupiers

599 (1) If notice is required to be given to an owner or occupier under this Part, the notice must be given to the owner or occupier in accordance with this section.

(2) A notice to an owner is sufficiently given to the owner if

(a) it is served personally on the owner,

(b) it is sent by registered mail, or a method of delivery that provides proof of delivery, to the person's actual or last known address,

(c) in the circumstances described in subsection (4), it is published in accordance with that subsection, or

(d) it is given as authorized by regulation under section 603.

(3) A notice to an occupier is sufficiently given to the occupier if

(a) the notice is given individually to each occupier in accordance with subsection (2), or

(b) the notice is posted on or near the property in accordance with section 600.

(4) If a notice cannot be served personally on an owner or occupier and the person's actual or last known address cannot be determined after reasonable steps for the purpose have been taken, the notice may be given by publication in 2 issues, at least one week apart, of a newspaper having general circulation

(a) in the area where the owner or occupier to be given notice was last known to reside or carry on business according to the information available to the person giving the notice, or

(b) in the area where the land to which the notice relates is situated.

(5) A notice given in accordance with subsection (2) (b) is deemed to be received on the earlier of

(a) the date the person to whom it is sent actually receives the notice, and

(b) the end of 10 days after the date on which the notice was sent.

Posting notice on protected heritage property

600 (1) The Council may authorize a person to post one or more notices on or near

(a) protected heritage property, or

(b) real property subject to temporary heritage protection under section 583, 586, 589 or 590.

(2) Before entering land to post a notice, the Council must make a reasonable effort to inform the owner or occupier of the land.

(3) Except as authorized by the Council, a person must not alter or remove a notice posted under the authority of this section.

Notice on land titles

601 (1) The Council must file a written notice in the land title office with respect to the following real property:

(a) property that is subject to a provision under section 396B (1);

(b) property designated by a heritage designation by-law;

(c) property that is subject to a heritage revitalization agreement.

(2) On receipt of a notice under subsection (1), the registrar must make a note of the filing on the title of the affected land.

(3) If a provision, by-law or agreement referred to in subsection (1) no longer applies to property for which a notice was filed under this section, the Council must notify the land title office.

(4) On receipt of a notice under subsection (3), the registrar must cancel the note made under subsection (2).

(5) Notification to the land title office under subsection (1) or (3) must be made in a form satisfactory to the registrar.

(6) The protection of property under this Act is not affected by

(a) an inadvertent and minor error or omission in a notice given by the Council to the registrar in relation to a note on a land title,

(b) an error or omission in a note on a land title, or

(c) a failure by the registrar to make a note on a land title.

(7) In the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making or cancelling of a note under this section,

(a) the registrar is not liable nor is the Crown vicariously liable, and

(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.

(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under this section, and section 315 of the Land Title Act applies in respect of those fees.

Notice to minister responsible for the Heritage Conservation Act

602 (1) The Council must notify the minister responsible for the Heritage Conservation Act with respect to the following real property:

(a) heritage property for which a tax exemption is provided under section 396A (2);

(b) heritage property identified in a heritage register under section 582;

(c) heritage property designated by a heritage designation by-law;

(d) heritage property that is subject to a heritage revitalization agreement.

(2) If the provisions that require that notice must be given under subsection (1) no longer apply to any real property, the Council must notify the minister responsible for the Heritage Conservation Act.

(3) Notices to the minister under subsections (1) and (2) must be made in a form satisfactory to that minister.

(4) The protection of property under this Act is not affected by an error or omission in a notice given under this section.

Regulations regarding notices

603 (1) The Lieutenant Governor in Council may make regulations respecting the form, content and means of giving notice under this Part or under section 396A (5).

(2) Regulations under subsection (1) may be different for different types of notices and for different types of properties.

Division (7) -- Remedies and Offences

Civil remedies in relation to heritage property

604 (1) The Council may apply to the Supreme Court for an order for compliance or restoration if a person does one or more of the following:

(a) does anything for which a heritage alteration permit is required by or under this Act without the authority of a heritage alteration permit;

(b) fails to comply with the requirements and conditions of a heritage alteration permit;

(c) fails to comply with a direction of the Ombudsman under section 580 (4);

(d) fails to bring property up to the standards established under section 596.

(2) An order under subsection (1) may include one or more of the following:

(a) a requirement that, on terms and conditions the court specifies, the person restore the property to which the matter relates to its condition before the contravention;

(b) a requirement that the person undertake compensatory conservation work as the court considers appropriate on the property that was affected or on other property, or that conservation work be performed by others at the expense of that person;

(c) a requirement that the person comply with a direction under section 580 (4) or with the requirements and conditions of a heritage alteration permit;

(d) a requirement that the person carry out measures specified by the court to ameliorate the effects of the contravention or non-compliance;

(e) an authorization that the Council may, by its employees or others at the expense of the owner, perform work regarding a matter referred to in this subsection;

(f) any other requirement the court considers advisable.

(3) If an order is made under subsection (2) (e), the court may specify how and when the person will reimburse the Council for the cost of the work performed and the cost of incidental expenses accruing under the order.

(4) Without limiting the generality of subsection (3), the court may order the following:

(a) if applicable, authorize the Council to apply all or part of a security deposit held under section 598 to the cost of the work performed and the cost of incidental expenses under the order;

(b) authorize the Council to add the cost of the work undertaken and the cost of incidental expenses under the order to the taxes payable to the Council with regard to the property for the year in which the work is performed.

(5) An order may be made under this section whether or not a person is charged with an offence under section 606 in relation to the matter.

Notice of contravention may be filed in land title office

605 (1) An officer or employee of the city may recommend to the Council that a notice be filed in the land title office if the officer or employee discovers in the course of duties that any of the following has occurred:

(a) something for which a heritage alteration permit is required by or under this Act has been done without the authority of a heritage alteration permit;

(b) a person has failed to comply with the requirements and conditions of a heritage alteration permit;

(c) the terms and conditions of a heritage revitalization agreement have been contravened;

(d) a covenant registered by the Council under section 215 of the Land Title Act in relation to heritage property has been contravened.

(2) Section 336D (2) to (9) applies for the purposes of this section as though the person making the recommendation under subsection (1) of this section were the City Building Inspector making a recommendation under section 336D (1).

(3) The authority under subsection (1) is in addition to any other action the person or the Council is authorized to take in relation to the matter.

Offences and penalties

606 (1) A person who does any of the following commits an offence:

(a) without the authority of a heritage alteration permit, does anything for which a heritage alteration permit is required by or under this Act;

(b) fails to comply with the requirements and conditions of a heritage alteration permit;

(c) alters property in contravention of a heritage revitalization agreement.

(2) A person convicted of an offence under subsection (1) is liable,

(a) if the person is an individual, to a fine of not more than $50000 or to imprisonment for a term of not more than 2years, or to both, or

(b) if the person is a corporation, to a fine of not more than $1000000.

(3) If a corporation commits an offence under subsection(1), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence also commits the offence and is liable to the penalty set out in subsection (2) (a) whether or not the corporation is convicted of the offence.

 
Transitional Provisions

Existing designations, permits and covenants

105 (1) Every municipal heritage designation made under Part 3 of the Heritage Conservation Act, section 714A of the Municipal Act, R.S.B.C. 1960, c.255, or section 564A of the Vancouver Charter, that has not been rescinded, is hereby continued as if it were designated by a bylaw under section 1022 of the Municipal Act or section 593 of the Vancouver Charter, as applicable, but a continuance under this subsection does not entitle any person to compensation under section 1024 of the Municipal Act or section 595 of the Vancouver Charter.

(2) Any requirement or condition of a permit or order made under Part 3 of the Heritage Conservation Act, section 714A of the Municipal Act, R.S.B.C. 1960, c. 255, or section 564A of the Vancouver Charter, with respect to the disposition and protection of objects removed from heritage property, is hereby continued.

(3) Every covenant entered into by the Crown, the British Columbia Heritage Trust or a council under the Heritage Conservation Act that has been registered in the land title office is hereby continued as if it were entered into under section 215 of the Land Title Act.

Existing local government heritage tax exemptions

106 (1) A tax exemption under section 400 (2) (a) of the Municipal Act is deemed to be a tax exemption under section 400.1 of the Municipal Act, as enacted by this Act, effective the date on which section 400.1 of the Municipal Act comes into force.

(2) A tax exemption under section 819.1 (4) (c) of the Municipal Act is deemed to be a tax exemption under section 819.2 of the Municipal Act, as enacted by this Act, effective the date on which section 819.2 of the Municipal Act comes into force.

(3) Subsections (1) and (2) apply even if the property subject to the exemption does not qualify as "eligible heritage property" within the meaning of section 400.1 or 819.2 of the Municipal Act, as applicable.

(4) As an exception to the notice requirements under sections 400.1 (5) and 819.2 (5) of the Municipal Act in relation to a tax exemption under subsection (1) or (2),

(a) if the tax exemption under section 400 (2) (a) or 819.1 (4) (c) is for a single taxation year, no notice to the minister responsible for the Heritage Conservation Act is required, and

(b) if the tax exemption is for a period of more than one taxation year, within one year of the applicable effective date referred to in subsection (1) or (2), the local government must give notice of the tax exemption to the minister responsible for the Heritage Conservation Act in accordance with section 1032 of the Municipal Act.

Continuation of heritage development permit areas and optional rollover to designation as heritage conservation areas

107 (1) Despite the repeal of section 945 (4) (c) of the Municipal Act by this Act, an area that, on the effective date of the repeal, is designated under that section in an official community plan continues to be designated for the purposes of section 976 of the Municipal Act for a period of 3 years after that effective date unless the official community plan is amended to remove this designation before the end of this period.

(2) For the purposes of converting the protection of an area designated under section 945 (4) (c) of the Municipal Act to protection under the new Part 30 of that Act, a local government may, by bylaw during the 3 year period under subsection (1), amend an official community plan referred to in that subsection to remove the designation under section 945 (4) (c) of the Municipal Act and replace it with a designation as a heritage conservation area under section 945 (6) of that Act.

(3) The authority under subsection (2) is subject to the following limits:

(a) all of the area designated under section 945 (4) (c) of the Municipal Act must be designated under section 945 (6) of that Act;

(b) no area in addition to the area designated under section 945 (4) (c) of the Municipal Act may be designated under section 945 (6) of that Act;

(c) no schedule under section 945 (7) (b) of the Municipal Act may be included for the designated area.

(4) As an exception to the usual requirements regarding the amendment of official community plans, a bylaw under subsection (2) may be adopted without public hearing.

Existing regional district heritage authority

108 A regional district that, at the time section 789 (1) (f.3) of the Municipal Act, as enacted by this Act, comes into force, has the authority to provide a service in relation to heritage conservation under section 767 (3) or 790 (2) (d) is deemed for the purposes of the Municipal Act to be providing the service under the authority of an establishing bylaw under section 789 (1) (f.3) of the Municipal Act.

Existing local government heritage registers

109 (1) If, at the time section 1009 of the Municipal Act comes into force, a local government has a register, list or other record of properties considered by the local government to have heritage value or heritage character, the record may be adopted by the local government as a community heritage register under that section.

(2) As an exception to the notice requirements under section 1009 (3) of the Municipal Act in relation to a community heritage register adopted under subsection (1), if the register is adopted within 2 years of section 1009 of the Municipal Act coming into force, no notice is required to be given to owners of property listed in the register but notice must be given to the minister as provided in section 1009 (3) (b) within one year of the date of adoption of the register.

(3) Subsections (1) and (2) apply to the City of Vancouver in relation to a heritage register under section 582 of the Vancouver Charter and the notice requirements under that section.

Existing municipal heritage advisory committees

110 (1) Every municipal heritage advisory committee established by a council under section 15 of the Heritage Conservation Act is hereby continued as a community heritage commission under section 1008 of the Municipal Act or a heritage commission under section 581 of the Vancouver Charter, as applicable.

(2) Terms of reference, if any, of a municipal heritage advisory committee continued under this section are deemed to be terms of reference established, as applicable, by bylaw under section 1008 (2) of the Municipal Act or by by-law under section 581 (2) of the Vancouver Charter.

Commencement

111 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

 
Assessment Act

SECTION 1: clarifies the basis for evaluation of properties that are under heritage protection.

 
British Columbia Buildings Corporation Act

SECTION 2: clarifies the authority of the British Columbia Buildings Corporation to conserve heritage property.

 
Capital Commission Act

SECTION 3: clarifies the authority of the Provincial Capital Commission to conserve heritage property.

 
Coal Act

SECTION 4: adds definitions respecting heritage property and resources.

SECTION 5: clarifies that Provincial heritage property is protected in the same manner as parks are treated under the Coal Act.

SECTION 6: allows the minister to suspend a free miner certificate for a contravention of heritage protection under the Coal Act.

SECTION 7:

(a) limits free miner activities on protected heritage property, and

(b) allows the minister to restrict surface rights where the surface area contains a cultural heritage resource.

 
College and Institute Act

SECTION 8: clarifies that a board of an institution may conserve heritage property.

 
Forest Act

SECTION 9: adds a definition for the purposes of the Forest Act.

SECTION 10: clarifies that Provincial forests may be used to conserve cultural heritage resources and that cultural heritage resources may be considered when evaluating applications for a forest licence, timber sale licence, tree farm licence or combined licence.

SECTION 11: requires the holders of tree farm licences to consider cultural heritage resources in the development of their management and working plans.

SECTION 12: requires that forest road rights of way do not cause unnecessary disturbances to cultural heritage resources.

 
Heritage Conservation Act

SECTION 13:

(a) repeals unnecessary definitions,

(b) clarifies existing definitions, and

(c) adds new definitions.

SECTION 14: expands the types of sites recorded in the Provincial heritage register, provides for confidentiality of sensitive information and provides for public access to the Provincial heritage register.

SECTION 15: enacts sections 3.1 to 3.5 of the Heritage Conservation Act:

SECTION 16: clarifies heritage designation procedures, clarifies the requirement to pay compensation to affected owners and establishes an arbitration process respecting compensation disputes.

SECTION 17: clarifies the process for issuing permits related to property protected under section 6 of the Heritage Conservation Act, and clarifies the authority of the minister or a designate to amend, suspend or cancel a permit.

SECTION 18: clarifies statutory protection for some types of heritage property under this section, and adds protection for heritage wrecks and aboriginal heritage property.

SECTION 19:

(a) is a housekeeping amendment, and

(b) clarifies the power to enter onto private property to conduct a site investigation or site survey, and requires a warrant issued by a justice to enter buildings, or to enter land in some circumstances, without the consent of the occupier or owner.

SECTION 20: enacts sections 7.1 and 8.1 to 8.3 of the Heritage Conservation Act:

SECTION 21: repeals the Provincial heritage advisory board and requires the minister to establish or authorize at least one advisory committee.

SECTION 22: allows Provincial heritage property to be administered by the minister or an agent.

SECTION 23: repeals powers now covered under Part 30 of the Municipal Act and Part XXVIII of the Vancouver Charter.

SECTION 24:

(a) clarifies the parties that may enter into an agreement,

(b) clarifies that organizations can receive support from the heritage trust, and

(c) repeals powers now located in section 8.3 of the Heritage Conservation Act.

SECTION 25: repeals an unnecessary reference.

SECTION 26: enacts a new Part 5 and sections 27 to 33:

 
Hospital Act

SECTION 27: clarifies that hospitals may be designated as heritage sites by the Province or a local government.

 
Institute of Technology Act

SECTION 28: clarifies that the board of the British Columbia Institute of Technology may conserve heritage property.

 
Islands Trust Act

SECTION 29: replaces the current trust council authority to identify heritage sites within the Islands Trust area with a broader authority regarding heritage conservation in the trust area and public awareness of that heritage.

SECTION 30: adds a reference to the new section 27.1 of the Islands Trust Act to include procedure respecting trust council approval of local trust committee bylaws for heritage designation.

SECTION 31: gives the local trust committees of the Islands Trust authority comparable to the authority of regional districts under the new Heritage Conservation Part of the Municipal Act.

SECTION 32: takes from regional districts within the Islands Trust area the new heritage conservation authority of the trust council and the local trust committees.

 
Land Act

SECTION 33: enables the minister under the Land Act to designate Crown land for a particular use or for the conservation of natural or heritage resources, and further provides that the designated land may only be alienated for uses that are compatible with the purposes of the designation.

 
Land Title Act

SECTION 34: clarifies that a subdivision approving officer may consider the conservation of heritage property when reviewing subdivision approvals.

SECTION 35:

(a) repeals a provision now covered under paragraph (b) of this section of the Bill,

(b) enables non-government organizations to enter into conservation covenants with property owners, and provides a mechanism to have a notation of these covenants entered on the title of the affected property,

(c) is consequential to the restructuring of section 215 of the Land Title Act,

(d) is consequential to the restructuring of section 215 of the Land Title Act,

(e) is consequential to the restructuring of section 215 of the Land Title Act, and

(f) prevents a covenant escheating to the Crown on the dissolution or death of the covenant holder.

 
Local Services Act

SECTION 36:

(a) enables the Lieutenant Governor in Council to establish a local area for the conservation of heritage property, and

(b) enables the Lieutenant Governor in Council to establish a local area for the protection of heritage property.

 
Mineral Tenure Act

SECTION 37: adds definitions for the purposes of the Mineral Tenure Act.

SECTION 38: allows the minister under the Mineral Tenure Act to suspend a free miner's certificate if the free miner contravenes heritage protection under the Mineral Tenure Act.

SECTION 39: limits a free miner's right to explore for minerals on protected heritage property.

SECTION 40: adds protected heritage property to the circumstances under which surface rights will not be disposed of to the recorded holder.

SECTION 41: enables the minister under the Mineral Tenure Act to restrict surface rights with regard to a cultural heritage resource.

SECTION 42: prohibits exploration for minerals on a Provincial heritage property established under the Heritage Conservation Act.

SECTION 43: enables the minister under the Mineral Tenure Act to require compliance with heritage protection.

 
Mines Act

SECTION 44: adds a definition for the purposes of the Mines Act.

SECTION 45:

(a) requires mine operators to plan for conservation of cultural heritage resources in mine development, and

(b) enables the chief inspector to require security from mine developers to provide for the conservation of cultural heritage resources.

SECTION 46: enables the Lieutenant Governor in Council to make regulations under the Mines Act respecting the conservation of a cultural heritage resources.

 
Municipal Act

SECTION 47: adds new definitions for the purposes of the proposed heritage conservation authority given to local governments by this Bill.

SECTION 48:

SECTION 49: allows municipalities to give grants for the purpose of heritage conservation in business improvement areas.

SECTION 50: establishes a general authority for municipalities regarding support for and promotion of community heritage.

SECTION 51: repeals a provision the effect of which is moved to a more appropriate location in the proposed section 269 (2) of the Municipal Act.

SECTION 52: repeals a tax exemption authority that is replaced by the proposed section 400.1 of the Municipal Act.

SECTION 53: allows municipalities to grant tax exemptions for heritage properties, and make such a tax exemption subject to a condition that all amounts exempted, plus interest, must be repaid if the heritage property is destroyed, altered without permission or otherwise dealt with as specified in the exemption bylaw.

SECTION 54: adds references to the proposed section 400.1 of the Municipal Act.

SECTION 55: splits the current provision to add a reference to the proposed tax exemption authority under section 400.1 of the Municipal Act.

SECTION 56: is consequential to the splitting of section 409 (1) of the Municipal Act into subsections (1) and (1.1).

SECTION 57: allows municipalities, for the purposes of heritage conservation, to use the powers under the Acquisition and Disposal of Property Part of the Municipal Act and under the Municipal Buildings Division of the Public Works Part of the Municipal Act.

SECTION 58: adds a provision to allow municipalities to apply to court to change the terms of trusts under which they have accepted property.

SECTION 59: clarifies that a reservation or dedication does not create an obligation for a municipality to proceed with the purpose of the reservation or dedication, but does restrict the municipality to acting only in accordance with that purpose.

SECTION 60: adds conservation as a municipal power in relation to buildings owned for municipal purposes.

SECTION 61: adds heritage property and heritage conservation to the general municipal powers regarding community property.

SECTION 62: adds conservation to the powers of municipalities to provide and improve facilities on community use property.

SECTION 63: allows heritage property to be transferred from the Province to municipalities in trust for the use of the public.

SECTION 64: allows municipalities to restrain persons from altering buildings in contravention of the Municipal Act or bylaws under that Act.

SECTION 65: gives community heritage commission members the same protection from personal liability as other municipal public officers.

SECTION 66: clarifies that regional districts may operate historic sites.

SECTION 67: allows regional districts to provide services relating to heritage conservation and, for a regional district that operates such a service, gives the regional district authority equivalent to that of municipalities.

SECTION 68: removes the current authority for the Lieutenant Governor in Council to grant heritage conservation powers to regional districts by regulation.

SECTION 69: removes the current regional district authority for tax exemption of historical buildings that is proposed to be replaced by the new section 819.2 of the Municipal Act.

SECTION 70: gives regional districts authority equivalent to that of municipalities in relation to tax exemptions for heritage property.

SECTION 71: allows official community plans to designate heritage conservation areas, with the effect of requiring a heritage alteration permit under the new Part 30 of the Municipal Act for any development within such an area, and identify buildings, structures, land and features that are to be protected heritage property under the Municipal Act.

SECTION 72: allows rural land use bylaws to include regulations regarding heritage conservation.

SECTION 73: splits the current section 954 of the Municipal Act to add requirements that each local government must maintain a current list of its heritage bylaws and must make this list available to the public, and that, if a development procedures manual is established by a local government, the manual must include procedures regarding protected heritage property.

SECTION 74: restricts the authority of the board of variance regarding heritage property.

SECTION 75: allows zoning regulations to be different for different properties that are designated as heritage properties or included in a heritage property schedule to an official community plan.

SECTION 76: limits the alterations that can be made to non-conforming buildings that are protected heritage property.

SECTION 77: repeals a reference to section 945 (4) (c) of the Municipal Act that is proposed to be replaced by the new authority to designate heritage conservation areas.

SECTION 78: allows local governments to set application fees in relation to bylaws and permits under the Heritage Conservation Part.

SECTION 79: adds a new Heritage Conservation Part to give local governments a number of new tools to protect the heritage of their communities, including:

Following is a Table of Contents for the proposed Part 30 of the Municipal Act:

 
Part 30 -- Heritage Conservation

 

 
Division (1) - - General

 

1002 

Definitions

 

1003 

Limits on the use of this Part

 

1004 

Limit on compensation

 

1005 

Bylaw and permit procedures

 

1006 

Delegation of local government authority

 

1007 

Ombudsman review of local government decisions

 

 
Division (2) - - Heritage Review

 

1008 

Community heritage commissions

 

1009 

Community heritage register

 

1010 

Heritage recognition

 

1011 

Heritage inspection may be ordered

 

1012 

Entry authority for a heritage inspection

 

1013 

Impact assessment may be required

 

1014 

Local government requests for Provincial protection

 

 
Division (3) - - Temporary Protection

 

1015 

Withholding of approvals

 

1016 

Withholding of demolition permits pending other approvals

 

1017 

Orders for temporary protection

 

1018 

Temporary protection by introduction of a continuing protection bylaw

 

1019 

Heritage control periods for temporary protection

 

1020 

Temporary protection

 

 
Division (4) - - Continuing Protection

 

1021 

Heritage revitalization agreements

 

1022 

Heritage designation protection

 

1023 

Heritage designation procedure

 

1024 

Compensation for heritage designation

 

1025 

Heritage site maintenance standards

 

1026 

Heritage conservation areas

 

 
Division (5) - - Heritage Alteration Permits

 

1027 

Heritage alteration permits

 

1028 

Requirements and conditions in a heritage alteration permit

 

 
Division (6) - - Notices under this Part

 

1029 

Giving notice to owners and occupiers

 

1030 

Posting notice on protected heritage property

 

1031 

Notice on land titles

 

1032 

Notice to minister responsible for the Heritage Conservation Act

 

1033 

Regulations regarding notices

 

 
Division (7) - - Remedies and Offences

 

1034 

Civil remedies in relation to heritage property

 

1035 

Notice of contravention may be filed in land title office

 

1036 

Offences and penalties Municipal Aid Act

SECTION 80: repeals a reference to "heritage site" as defined under the Heritage Conservation Act and refers instead to a historic site.

SECTION 81: enables the Lieutenant Governor in Council to determine which portion of land or an improvement is exempt from grant in lieu of taxes as a park, monument or historic site.

 
Park Act

SECTION 82:

(a) enables Crown owned heritage sites to be managed under the Park Act, and

(b) enables privately owned land to be conserved under the Park Act with agreement of the property owner.

 
Property Transfer Tax Act

SECTION 83: makes a cross reference change.

 
Taxation (Rural Area) Act

SECTION 84: adds a cross reference.

 
University Act

SECTION 85: clarifies that a board of governors under the University Act is responsible for the conservation of university heritage sites.

SECTION 86: clarifies that a senate body under the University Act is responsible for establishing policies respecting the conservation at universities of heritage objects and collections.

 
University Endowment Land Act

SECTION 87:

(a) enables the minister under the University Endowment Land Act to enact bylaws for the conservation of heritage sites, and

(b) adds a cross reference.

 
Vancouver Charter

SECTION 88: adds definitions for the purposes of the new Heritage Conservation Part.

SECTION 89:

SECTION 90: allows the Council to apply to court for changes to the terms of trusts under which the City of Vancouver has accepted property.

SECTION 91: adds expenditure for conservation purposes to the Council's powers regarding property owned by the City of Vancouver.

SECTION 92: gives Council a general authority to spend money for heritage purposes.

SECTION 93: authorizes the Council to spend money for the purposes of recognizing heritage value and acquiring heritage property.

SECTION 94: allows the Council to provide financial and other assistance for the conservation of heritage property.

SECTION 95: gives heritage commission members the same protection from personal liability as other civic public officers.

SECTION 96: allows the Council to provide tax exemptions for heritage property, and provides the Council with additional authority to require an exemption to be repaid in specified circumstances.

SECTION 97: adds the reference to the proposed section 396A.

SECTION 98: includes the conservation of heritage property as one of the purposes of a business promotion scheme under the Vancouver Charter.

SECTION 99: allows zoning by-laws of the City of Vancouver to vary for specified heritage properties.

SECTION 100:

SECTION 101: allows a heritage property to maintain its non-conforming status through alterations that are permitted under its heritage protection.

SECTION 102: allows Council to authorize the withholding of development and building permits in relation to property for which heritage designation is proposed.

SECTION 103: restricts the authority of the Board of Variance in relation to protected heritage property.

SECTION 104: adds a new Part to the Vancouver Charter to give the City of Vancouver powers regarding heritage conservation that are equivalent to those given to other municipalities by the proposed Part 30 of the Municipal Act.

Following is a Table of Contents for the proposed Part XXVIII of the Vancouver Charter:

 
Part XXVIII -- Heritage Conservation

 

 
Division (1) -- General

 

575 

Definitions

 

576 

Limits on the use of this Part

 

577 

Limit on compensation

 

578 

By-law and permit procedures

 

579 

Delegation of Council authority

 

580 

Ombudsman review of Council decisions

 

 
Division (2) -- Heritage Review

 

581 

Heritage commissions

 

582 

Heritage register

 

583 

Heritage inspection may be ordered

 

584 

Entry authority for a heritage inspection

 

585 

Impact assessment may be required

 

586 

Requests for Provincial protection

 

 
Division (3) -- Temporary Protection

 

587 

Withholding of approvals

 

588 

Withholding of demolition permits pending other approvals

 

589 

Orders for temporary protection

 

590 

Heritage control periods for temporary protection

 

591 

Temporary protection

 

 
Division (4) -- Continuing Protection

 

592 

Heritage revitalization agreements

 

593 

Heritage designation protection

 

594 

Heritage designation procedure

 

595 

Compensation for heritage designation

 

596 

Heritage site maintenance standards

 

 
Division (5) -- Heritage Alteration Permits

 

597 

Heritage alteration permits

 

598 

Requirements and conditions in a heritage alteration permit

 

 
Division (6) -- Notices under this Part

 

599 

Giving notice to owners and occupiers

 

600 

Posting notice on protected heritage property

 

601 

Notice on land titles

 

602 

Notice to minister responsible for the Heritage Conservation Act

 

603 

Regulations regarding notices

 

 
Division (7) -- Remedies and Offences

 

604 

Civil remedies in relation to heritage property

 

605 

Notice of contravention may be filed in land title office

 

606 

Offences and penalties

SECTIONS 105 to 110: Transitional Provisions


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