This is an official version.

Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER H-4

AN ACT RESPECTING THE PRESERVATION OF THE HISTORIC RESOURCES OF THE PROVINCE

Analysis

1. Short title

2. Definitions

PART I
ADMINISTRATION

3. Crown bound

4. Duty of minister

5. Acquisitions

6. Fund

7. Museum

PART II
HISTORIC RESOURCES

8. Investigation permit

9. Effects of permit

10. Notice of discovery of archaeological object

11. Title to objects

12. Inspection of property

13. Impact assessment

14. Provincial cultural property

PART III
HISTORIC SITES

15. Registry of Historic Resources

16. Provincial historic sites

17. Registered historic sites

18. Damage etc. to provincial or registered historic site

PART IV
HERITAGE
FOUNDATION

19. Foundation

20. Objects of foundation

21. Powers of foundation

22. Membership

23. Meetings and expenses

24. Staff

25. Fund

26. Charitable status

27. Audit

28. Annual report

29. Regulations

PART V
GENERAL

30. Easement

31. Temporary stop order

32. Exemption from building code

33. Regulations

34. Powers of peace officer

35. Offence and penalty


Short title

1. This Act may be cited as the Historic Resources Act.

1985 c33 s1

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Definitions

2. In this Act

(a) "archaeological investigation" means an investigation made by a person for the purpose of discovering, in, on or as forming part of the land within the province, archaeological objects and includes a survey or examination whether or not it involves interference with or removal of the soil or of an archaeological object on, in or partly in land;

(b) "archaeological object" means an object showing evidence of manufacture, alteration or use by humans that is found in or on land within the province and is of value for the information that it may give on prehistoric or historic human activity in the province and includes human remains;

(c) "division" means the Historic Resources Division of the Department of Municipal and Provincial Affairs;

(d) "foundation" means the Heritage Foundation of Newfoundland and Labrador referred to in section 19;

(e) "historic resource" means a work of nature or of humans that is primarily of value for its archaeological, prehistoric, historic, cultural, natural, scientific or aesthetic interest, including an archaeological, prehistoric, historic or natural site, structure or object;

(f) "land" includes land covered by water, whether fresh or salt, within the province;

(g) "minister" means the Minister of Municipal and Provincial Affairs;

(h) "municipal authority" means

(i) the City of St. John's,

(ii) the City of Corner Brook,

(iii) the City of Mount Pearl,

(iv) The St. John's Metropolitan Area Board, and

(v) the local service district committee or the council of a town, community or region constituted or continued under the Municipalities Act;

(i) "museum" means the Newfoundland Museum referred to in section 7;

(j) "provincial cultural property" means an historic resource that is the subject of a declaration under section 14;

(k) "provincial historic site" means a site, area, parcel of land, building, monument or other structure that is the subject of a declaration under section 16;

(l) "registered heritage structure" means a building or other structure designated under section 21;

(m) "registered historic site" means a site, area, parcel of land, building, monument or other structure that is the subject of a declaration under section 17; and

(n) "registry" means the Provincial Registry of Historic Resources referred to in section 15.

1985 c33 s2; 1988 c35 s443; 1989 c30 Sch B

PART I
ADMINISTRATION

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Crown bound

3. The Crown is bound by this Act.

1985 c33 s3

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Duty of minister

4. The minister is responsible for

(a) the protection and preservation;

(b) the co-ordination of the orderly development;

(c) the study and interpretation; and

(d) the promotion of appreciation

of the historic resources of the province.

1985 c33 s4

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Acquisitions

5. (1) The minister may

(a) accept gifts or bequests of money and of other things that are suitable for the purpose of this Act;

(b) acquire by gift, donation, devise, bequest, loan, lease, purchase or other means an historic resource having a bearing on the history or heritage of the province; and

(c) lend or lease an historic resource acquired under this Act

on the terms the minister considers appropriate.

(2) Property acquired by the minister under this section by gift, bequest, devise or loan is subject to the terms and conditions stipulated by the person giving, bequeathing, devising or lending the property.

1985 c33 s5

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Fund

6. (1) The historic resources fund is continued and is separate from the Consolidated Revenue Fund.

(2) All money received by the minister on behalf of the Crown by gift, donation, contribution or bequest under this Act shall be credited in an account to be kept by the Minister of Finance.

(3) The money referred to in subsection (2) shall be used by the minister for the purpose for which the donor, contributor or testator gave, contributed or bequeathed it, but if the donor, contributor or testator did not state the purpose for which the money was to be used it may be used by the minister for a purpose, other than salaries, designed to encourage and assist the preservation of historic resources in the province.

(4) The Minister of Finance may, on the recommendation of the minister, pay into the fund amounts, out of money voted by the Legislature for the purpose of this Act, that the Minister of Finance considers appropriate.

(5) The Minister of Finance shall make payments out of the fund on the recommendation of the minister.

1985 c33 s6

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Museum

7. (1) The Newfoundland Museum is continued.

(2) The purpose of the museum is to

(a) collect, catalogue, conserve, preserve, study and exhibit historic resources, whether or not of the province; and

(b) enlighten and educate the people of the province and the people of Canada respecting historic resources, whether or not of the province.

(3) The museum may lend exhibits to and receive exhibits from other institutions both in and outside of the province.

1985 c33 s7

PART II
HISTORIC RESOURCES

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Investigation permit

8. (1) A person shall not carry on an archaeological investigation in the province unless that person is the holder of a valid permit issued under this section.

(2) The minister may issue a permit authorizing the person named in it to carry on an archaeological investigation.

(3) The minister may limit a permit as to time and location and may impose those other terms and conditions that the minister thinks necessary.

(4) The minister may cancel a permit at any time.

(5) The holder of a permit issued under this section shall

(a) within a time that may be specified in the permit, provide to the minister a progress report on the work done, in the detail that the minister may require;

(b) upon completion of the investigation restore the site to the condition that existed before the beginning of the investigation, where it is reasonably possible to do so; and

(c) deliver to the minister possession of all archaeological objects recovered as the result of the investigation carried on under the permit.

1985 c33 s8

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Effects of permit

9. (1) A permit does not entitle the holder to enter onto the land that is the subject of the permit unless the holder has the permission of the owner or a person in occupation or possession of the land.

(2) Where the land that is the subject of the permit is Crown lands, the permit holder is considered to have been given permission to enter onto the Crown lands for the purpose only of carrying out the activities authorized by the permit.

(3) Liability does not attach to the Crown by reason only of the issuing of a permit.

(4) Where as a result of an archaeological investigation it is shown that the value of the interest of a person in a site, parcel of land, building or structure affected by the investigation is diminished, the party carrying out the investigation shall pay to that person in respect of the diminution in value compensation that may be mutually agreed upon, or, in the absence of agreement, an amount to be assessed on application to a judge of the Trial Division.

1985 c33 s9

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Notice of discovery of archaeological object

10. (1) A person who discovers an archaeological object shall report the discovery immediately to the minister stating the nature of the object, the location where it was discovered and the date of discovery.

(2) A person, other than one to whom a permit has been issued under this Act, who discovers an archaeological object shall not move, destroy, damage, deface, obliterate, alter, add to, mark or interfere with or remove that object from the province.

1985 c33 s10

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Title to objects

11. (1) The property in all archaeological objects, whether or not those objects are in the possession of the Crown, is vested in the Crown.

(2) A person shall not buy, sell, trade or otherwise dispose of or remove from the province for the purpose of selling, trading or otherwise disposing of an archaeological object found in, on, or taken from the land within the province.

(3) Where a person dies possessing of an archaeological object, the person responsible for the administration of the estate of the deceased person shall immediately deliver the archaeological object into the possession of the Crown.

(4) A sale or other disposition of Crown lands shall not operate as a conveyance of an archaeological object unless the sale or other disposition expressly states that it does so operate.

1985 c33 s11

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Inspection of property

12. (1) The minister may authorize a person to enter onto, at a reasonable hour and after reasonable notice to the occupant, land for the purpose of

(a) making surveys for; or

(b) inspecting

historic resources that may be present there.

(2) Where entry under subsection (1) is refused, the minister may apply, without giving notice to other interested parties, to a judge of the Trial Division and the judge may issue an order authorizing the person named in the order to enter onto the land.

1985 c33 s12

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Impact assessment

13. (1) Where the minister is of the opinion that an operation or activity which may be undertaken by a person will or is likely to result in the alteration, damage or destruction of or otherwise adversely affect historic resources, the minister may order that person

(a) to carry out an assessment to determine the effect of the proposed operation or activity on historic resources in the area where the operation or activity is carried on;

(b) to prepare and submit to the minister, in accordance with the order, a report containing the assessment of the effect of the proposed operation or activity referred to in paragraph (a); and

(c) to undertake those preservative or protective measures or to take the other action that the minister considers necessary.

(2) Notwithstanding another Act, the minister may, in making an order under subsection (1), require a municipal authority to withhold or suspend a permit or other authorization relating to the operation or activity covered in the order until the person has, to the satisfaction of the minister, complied with subsection (1).

(3) The minister may include in an order made under this section a provision with respect to costs that the minister considers appropriate.

1985 c33 s13

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Provincial cultural property

14. (1) The Lieutenant-Governor in Council may, on the recommendation of the minister, declare an historic resource to be a provincial cultural property.

(2) The minister shall by advertisement in the Gazette or by the other means that the minister considers appropriate give notice of a declaration under this section.

(3) An historic resource that is declared to be a provincial cultural property under this section shall be registered in the registry.

(4) The minister may acquire, on behalf of the Crown, for the museum or for other purposes a provincial cultural property and may pay to the owner of it compensation that may be approved by the Lieutenant-Governor in Council.

(5) A person shall not, except with the written consent of the minister, destroy, damage, deface, obliterate, alter, add to, mark or interfere with or remove from the province or agree to the removal from the province of a provincial cultural property.

1985 c33 s14

PART III
HISTORIC SITES

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Registry of Historic Resources

15. (1) The minister shall maintain within the division a registry which shall be known as the Provincial Registry of Historic Resources.

(2) The registry shall comprise

(a) provincial historic sites;

(b) registered historic sites;

(c) provincial cultural properties; and

(d) registered heritage structures.

(3) The minister may remove from the registry a

(a) provincial historic site;

(b) registered historic site;

(c) provincial cultural property; or

(d) registered heritage structure.

(4) The minister shall not remove from the registry a provincial historic site or provincial cultural property without first obtaining the approval of the Lieutenant-Governor in Council.

1985 c33 s15

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Provincial historic sites

16. (1) The Lieutenant-Governor in Council may, on the recommendation of the minister, declare to be a provincial historic site a site, area, parcel of land, building, monument or other structure in the province which is considered by the minister to be of historical or architectural significance and which the minister, with the consent of the Lieutenant-Governor in Council, has acquired on behalf of the Crown by purchase or otherwise as the minister considers necessary.

(2) The minister shall by advertisement in the Gazette or by other appropriate means give notice of a declaration under this section.

1985 c33 s16

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Registered historic sites

17. (1) The minister may declare a site, area, parcel of land, building, monument or other structure in the province that is considered by the minister to be of historical or architectural significance to be a registered historic site.

(2) The minister may by means of plaques or other signs or in another suitable manner mark or otherwise commemorate a registered historic site.

(3) The minister may make agreements with a person for marking or commemorating a registered historic site and for the care and preservation of that site.

1985 c33 s17

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Damage etc. to provincial or registered historic site

18. A person shall not, except with the written consent of the minister, move, destroy, damage, deface, obliterate, alter, add to, mark or interfere with, remove from the province or agree to the removal from the province of a provincial historic site or a registered historic site or an object, building, monument, or other structure situated on or in the site or excavate on or interfere with or damage the site.

1985 c33 s18

PART IV
HERITAGE FOUNDATION

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Foundation

19. The Heritage Foundation of Newfoundland and Labrador is continued.

1985 c33 s19

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Objects of foundation

20. The objects of the foundation are

(a) to stimulate an understanding of and an appreciation for the architectural heritage of the province;

(b) to support and contribute to the preservation, maintenance and restoration of buildings and other structures of architectural or historical significance in the province; and

(c) to contribute to the increase and diffusion of knowledge about the architectural heritage of the province.

1985 c33 s20

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Powers of foundation

21. In furtherance of its objects the foundation has power

(a) to designate buildings and other structures to the registry as registered heritage structures;

(b) subject to the regulations made under section 29, to make grants for the purpose of the preservation, maintenance or restoration of registered heritage structures;

(c) to enter into easements and covenants with a person to whom the foundation makes a grant for the preservation, maintenance or restoration of the architectural or historical characteristics of the registered heritage structure for which the grant has been made;

(d) by means of plaques or other signs or in another suitable manner, to mark or otherwise commemorate a registered heritage structure; and

(e) to make agreements with a person for marking or commemorating a registered heritage structure and for the care and preservation of that structure.

1985 c33 s21

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Membership

22. (1) The foundation shall consist of not less than 7 nor more than 12 members appointed by the Lieutenant-Governor in Council.

(2) The members of the foundation shall, subject to the approval of the minister, select 1 member to act as chairperson and 1 member to act as vice-chairperson of the foundation.

(3) The members appointed to the foundation, 1 of whom shall be from the Department of Municipal and Provincial Affairs, shall provide geographic representation of the province and include persons whose expertise is necessary to the achievement of the objects of the foundation.

(4) The members of the foundation shall be appointed for a term of 3 years and are eligible for reappointment.

(5) A member of the foundation is not eligible for a grant from the foundation.

1985 c33 s22

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Meetings and expenses

23. (1) The foundation shall meet at the call of the chairperson but not less frequently than twice yearly.

(2) Members of the foundation shall be reimbursed by the foundation for expenses incurred in relation to meetings and the work of the foundation in accordance with a scale for expenses of public employees that may be provided.

(3) The expenses of the foundation shall be defrayed out of money appropriated for the foundation by the Legislature.

1985 c33 s23

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Staff

24. The minister may from among the persons employed in the division provide the foundation with the assistance that is necessary for the proper conduct of the affairs of the foundation.

1985 c33 s24

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Fund

25. (1) The foundation shall maintain a fund to which shall be credited the sums of money that may be voted by the Legislature for that purpose together with other amounts that it may receive by way of gift, bequest, donation or otherwise.

(2) The foundation may make disbursements from the fund for the purposes set out in the regulations made under section 29.

1985 c33 s25

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Charitable status

26. The foundation shall apply to be a registered charity for the purposes of the Income Tax Act (Canada).

1985 c33 s26

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Audit

27. (1) The accounts and financial transactions of the foundation are subject to the provisions of the Financial Administration Act.

(2) The financial year of the foundation is as defined in the Financial Administration Act.

1985 c33 s27

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Annual report

28. (1) The chairperson of the foundation shall within 3 months from the end of each financial year submit to the minister a report on the activities of the foundation during the year including the financial statement and the auditor general's report on the statement.

(2) The minister shall lay the annual report of the foundation before the House of Assembly within 15 days of the receipt of it, or if the House of Assembly is not then sitting, within the 1st 15 days of the next session.

1985 c33 s28

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Regulations

29. The foundation may, with the approval of the minister, make regulations for the carrying out of the activities of the foundation and in particular may make regulations

(a) respecting the making of grants for the purposes of this Part from the fund referred to in section 25;

(b) establishing criteria for the designation of buildings and other structures to the registry as registered heritage structures; and

(c) respecting forms for the purposes of this Part.

1985 c33 s29

PART V
GENERAL

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Easement

30. (1) An easement or covenant entered into by

(a) the minister;

(b) a municipal authority in which the property is situated;

(c) a heritage or historical organization approved by the minister; or

(d) the foundation that has as its purpose the protection of an historic resource or architectural characteristic,

may be registered in the Registry of Deeds against the title of the property affected.

(2) Where an easement or covenant is registered against property under subsection (1), the easement or covenant runs with the property and the holder may enforce the easement or covenant, whether positive or negative in nature, against the owner or subsequent owner of the property, even where the holder owns no other land that would be accommodated or benefited by the easement or covenant.

(3) An easement or covenant entered into under subsection (1) may be assigned to another holder mentioned in subsection (1), and the easement or covenant continues to run with the property, and the assignee may enforce the easement or covenant as if the assignee were the assignor.

(4) Upon dissolution of a municipal authority or an organization referred to in paragraph (1)(c), an easement or covenant that it held under subsection (1) is assigned to the minister in accordance with subsection (3).

1985 c33 s30

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Temporary stop order

31. (1) Where the minister or an employee in the division designated by the minister is of the opinion that a person is engaged in an activity that is likely to result in damage to or destruction of an historic resource, the minister or the employee may issue a temporary stop order requiring that person to stop the activity or a part of the activity that is specified in the order for a period of not more than 30 days to permit the

(a) salvaging of the historic resource in danger;

(b) conducting of an archaeological investigation of the historic resource; or

(c) investigation of alternatives to the damaging or destruction of the historic resource.

(2) The minister may extend the period of a temporary stop order for a further 60 days where in the opinion of the minister it is necessary to do so.

(3) The person against whom a temporary stop order is made under subsection (1) or extended under subsection (2) may appeal to a judge of the Trial Division within 14 days of the date of that order and the judge may confirm, vary or rescind the order appealed from.

1985 c33 s31

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Exemption from building code

32. The minister may by order exempt a provincial historic site from the application of a provision contained in a building code that would otherwise be applicable under an Act, regulation or municipal by-law.

1985 c33 s32

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Regulations

33. The Lieutenant-Governor in Council may make regulations

(a) generally, for the operation and management of the museum;

(b) respecting the acquisition for and the lending and leasing of historic resources in the museum;

(c) generally, for the preservation and protection of historic resources and provincial historic sites;

(d) respecting the establishment and operation of the registry;

(e) respecting the issuing of permits to conduct archaeological investigations; and

(f) generally, to give effect to the purpose of this Act.

1985 c33 s33

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Powers of peace officer

34. (1) A peace officer or employee in the division designated by the minister may require a person who is, or who the peace officer or employee has reasonable grounds to believe is, engaged in an activity for which a permit or consent is required by this Act to produce the permit or consent which authorized that activity and a person to whom a request is made shall immediately comply with the request.

(2) A peace officer or employee in the division designated by the minister may seize from a person found committing or whom the peace officer or employee has reasonable grounds to believe is committing an offence against this Act a tool, implement or other thing being used or which the peace officer or employee has reasonable grounds to believe is being used in the commission of the offence.

(3) A peace officer or employee in the division designated by the minister may seize from a person anything held or which the peace officer or employee has reasonable grounds to believe is being held in contravention of this Act.

1985 c33 s34

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Offence and penalty

35. (1) A person who contravenes this Act, the regulations, the conditions of a permit or the terms of an easement or covenant entered into under section 30 is guilty of an offence and liable on summary conviction to a fine of not more than $50,000 or to imprisonment for a term of not more than 1 year or to both a fine and imprisonment and each continuance for a day or part of a day of the contravention constitutes a separate offence.

(2) A person who is convicted of an offence mentioned in subsection (1) owes as a debt to the province an amount spent in the restoration of an historic resource or provincial historic site damaged or altered during or as a consequence of the commission of the offence and the minister may by an action recover that sum.

1985 c33 s35

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