1993 Legislative Session: 2nd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
MR. KENNETH JONES
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows the establishment of an Act which:
1 (1) In this Act "board" means the volunteer board of directors of the Heritage Preservation Review Board established by Section 3;
"heritage" means that which is historic, archaeological, palaeontological or of scenic significance to the people of British Columbia;
"heritage object" means personal property of heritage significance whether so designated or not;
"trust" means a confidence which is reposed from one person to another, being in the singular or plural sense, making that person(s) the nominal owner of property to be used for another's benefit that does not involve monetary gain by selling off that trust;
"donor" means a person who gives a heritage object to the Province of British Columbia, or an agent acting for the Province of British Columbia.
2 The purpose of this Act is to encourage and facilitate the protection and conservation of heritage property in the Province. As well, this Act endeavors to establish a mechanism for the fair and proper disposal of heritage objects.
3 (1) There is hereby established a board to be know as the Heritage Preservation Review Board. The object of the Review Board is to serve as a mechanism for the proper disposal of heritage objects.
(2) The Review Board shall consist of a volunteer Chairperson and not less than six or more than twelve other volunteer members appointed by the Lieutenant Governor in Council.
(3) The Review Board may authorize one of its members to act in the capacity of Chairperson in the event of the absence or incapacity of the Chairperson or if the office of the Chairperson is vacant.
4 (1) The Review Board shall maintain a registry of designated heritage objects.
(2) The Review Board will determine or receive recommendations as to when a heritage object is no longer considered to be of historic, archaeological, palaeontological or of scenic significance to the people of British Columbia.
(3) The Review Board will not remove, destroy, deface, or sell or allow the removal, destruction, defacement, or selling of a heritage object without first reporting this intention to the original donor, or if the donor is deceased, to an immediate relative of the original donor.
(4) Donors whose donated heritage objects are slated to be sold or otherwise disposed of, have the option to make a submission to the Review Board to reclaim their donated heritage object.
(5) If the donor of the heritage object does not repossess their donated item as laid out in section (4) above, the Review Board may sell, or otherwise dispose of the donated heritage object.
5 (1) The Review Board shall maintain a fund sufficient to cover operating expenses which consists of money received by the Review Board from any source, including sales made of donated heritage objects as outlined in Part 4 (5) above. Additional monies received by the Review Board shall be designated for use to maintain and purchase other heritage objects.
6 (1) Upon reclaiming of a heritage object, the Donor shall pay a sum equivalent to the total provincial benefit accrued through the original donation. Money collected through such a transaction shall be designated for use to maintain and purchase other heritage objects.
7 This Act comes into effect on Royal Assent.
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