BILL 7

Heritage Conservation Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

INTERPRETATION AND APPLICATION

Definitions

1 The following definitions apply in this Act.

“Appeal Board” means the Assessment and Planning Appeal Board established under the Assessment and Planning Appeal Board Act. (Commission d’appel)

“archaeological field research” means any activity carried out on, above or under land or water for the purpose of obtaining and documenting data or recovering archaeological objects, burial objects or human remains or any other evidence of past human use or activities, and includes monitoring, assessing, exploring, surveying, recovering and excavating. (travaux archéologiques sur le terrain)

“archaeological object” means an object which shows evidence of manufacture, alteration or use by humans that may provide information about past human activities and which meets any criteria set by regulation, and includes a sample collected from that object. (objet archéologique)

“archaeological site” means a place in the Province where evidence of past human activities, such as archaeological objects and features, is discovered on, buried or partially buried beneath the land, or submerged or partially submerged beneath the surface of a watercourse or permanent body of water. (site archéologique)

“burial ground” means a place that has been used for the placement of human remains or burial objects, but does not include a cemetery regulated under the Cemetery Companies Act. (lieu de sépulture)

“burial object” means an object that is directly associated with the interment of a human, but does not include human remains. (objet de sépulture)

“council” means a council as defined in the Municipalities Act. (conseil)

“court” means The Court of Queen’s Bench of New Brunswick, and includes any judge of that court. (cour)

“First Nation” means an aboriginal people sharing a common traditional territory and having a common traditional language, culture and lands. (Première nation)

“human remains” means the skeletal, cremated or any other traces of human bodies. (restes humains)

“Minister” means the Minister of Wellness, Culture and Sport. (ministre)

“municipality” means a municipality as defined in the Municipalities Act. (municipalité)

“palaeontological field research” means any activity carried out on, above or under land or water for the purpose of obtaining and documenting data or recovering palaeontological objects, and includes monitoring, assessing, exploring, surveying, recovering and excavating. (travaux paléontologiques sur le terrain)

“palaeontological object” means a work of nature consisting of or containing any remains, trace or imprint of a multicellular plant or animal or a stromatolite preserved in the Earth’s crust since some past geologic time, but does not include human remains. (objet paléontologique)

“palaeontological site” means a place in the Province where evidence of palaeontological objects is discovered in rock or unconsolidated sediment, exposed at the surface, buried or partially buried beneath the land, or submerged or partially submerged beneath the surface of a watercourse or permanent body of water. (site paléontologique)

Act binds the Crown

2 This Act binds the Crown.

Application of Act to rural communities

3 A provision of this Act that applies to a municipality applies with the necessary modifications to a rural community incorporated under section 190.072 of the Municipalities Act.

Conflict

4(1) If, with respect to a matter affecting the conservation of a heritage place or heritage object, there is a conflict between a provision of this Act or the regulations and a provision of another Act or regulation, the provision of this Act or the regulations prevails.

4(2) If there is a conflict between an order of the Minister designating a provincial heritage place and a by-law made by a municipality under this Act or another Act, the order prevails to the extent of the conflict, but in all other respects the by-law remains in full force and effect.

HERITAGE OBJECTS

Property in archaeological, palaeontological or burial objects

5(1) The property in, and the title and right of possession to, an archaeological object, palaeontological object or burial object discovered in the Province after the commencement of this section is and vests in the Crown.

5(2) The Minister may require a person in possession of an archaeological object, palaeontological object or burial object discovered in the Province after the commencement of this section to deliver the object to the Minister.

5(3) An archaeological object or burial object for which the property has vested in the Crown under subsection (1) shall be held in trust by the Crown for the aboriginal peoples of the Province if

(a)  it is in the possession of the Minister, and

(b)  it is identified by the Minister as being of aboriginal origin.

Transfer of ownership of objects

6 Subject to subsection 5(3), the Minister may transfer the ownership of an archaeological object, palaeontological object or burial object for which the property has vested in the Crown.

Agreements respecting objects

7(1) The Minister may enter into an agreement with a person authorizing the person to retain custody of an archaeological object, palaeontological object or burial object for which the property has vested in the Crown.

7(2) The Minister may enter into agreements with a duly mandated governing body of one or more First Nations with respect to the identification, conservation and protection of places and objects that represent the cultural heritage of the aboriginal peoples of the Province, including agreements respecting the communication of any discovery of those places and objects, the transfer of ownership of those objects and the designation of those places as provincial heritage places or local historic places.

Burial of human remains

8 Subject to any other law governing the custody and control of human remains, the Minister may give directives respecting the burial of human remains discovered at a burial ground after the commencement of this section or may take possession of the human remains for the purpose of ensuring their burial.

Duty to report discovery of an object or burial ground

9 A person who discovers an archaeological object, palaeontological object, burial object or human remains after the commencement of this section shall report the discovery to the Minister as soon as practicable, stating the nature of the discovery and the location and date of the discovery.

Objects deposited in the New Brunswick Museum under the authority of the Historic Sites Protection Act

10 An historical or anthropological object deposited in the New Brunswick Museum under the authority of section 6 of the Historic Sites Protection Act, chapter H-6 of the Revised Statutes, 1973, immediately before the commencement of this section, shall remain at the Museum in the custody of the Museum’s Board until the Minister directs otherwise.

ARCHAEOLOGY, PALAEONTOLOGY AND ALTERATION OF SITES

Prohibitions respecting archaeological sites, palaeontological sites and burial grounds

11(1) No person shall carry out archaeological field research or palaeontological field research unless he or she holds an archaeological and palaeontological field research permit.

11(2) No person shall undertake any of the following activities for a purpose other than archaeological field research or palaeontological field research, unless he or she is the holder of a site alteration permit:

(a)  excavating, altering or disturbing the ground or rock, or placing or constructing any structure or work in a place knowing that it is an archaeological or palaeontological site or a burial ground; or

(b)  removing, tampering with or disturbing an archaeological object, palaeontological object, burial object or human remains or other evidence of past human use or activity.

11(3) If a person does not hold a permit referred to in subsection (1) or (2) and he or she discovers an archaeological site, palaeontological site or burial ground while excavating, altering or disturbing the ground or rock, or placing or constructing a structure or work, the person shall cease all those activities and notify the Minister.

Archaeological and palaeontological field research permit

Application for permit

12 An application for an archaeological and palaeontological field research permit shall be made to the Minister in the prescribed form and shall be accompanied by the information and documents that the Minister requires.

Issuance of permit

13(1) The Minister may issue an archaeological and palaeontological field research permit if the Minister believes that the proposed activities that would be subject to the permit are consistent with the conservation of provincial heritage.

13(2) The Minister shall provide written reasons for refusing to issue a permit.

Terms and conditions of permit

14(1) The area covered by an archaeological and palaeontological field research permit may include a specific site, a region or the entire Province, which shall be specified in the permit.

14(2) The Minister may impose the terms and conditions on a permit that he or she considers appropriate.

14(3) The permit holder shall comply with the terms and conditions specified by the Minister in the permit.

14(4) A permit is valid for the period specified by the Minister in the permit.

14(5) A permit is not transferable.

Cancellation of permit

15(1) The Minister may cancel an archaeological and palaeontological field research permit if the permit holder has violated or failed to comply with the terms and conditions of the permit or with this Act or the regulations.

15(2) When the Minister cancels a permit, he or she shall serve notice with reasons on the permit holder.

Effect of issuance of permit

16(1) An archaeological and palaeontological field research permit does not entitle the holder to enter on the land that is the subject of the permit unless the person has the permission of,

(a)  if the land is private land, the owner and any person in possession or occupation of the land, or

(b)  if the land is owned by the Crown, the Minister responsible for the administration of the land.

16(2) No liability attaches to the Crown or the Minister by reason of the issuance of a permit.

Obligations on the completion of archaeological or palaeontological field research

17 Unless the Minister directs otherwise, after completing field research, the holder of an archaeological and palaeontological field research permit shall restore the site to its original condition, insofar as it is reasonably practicable to do so, and shall deliver to the Minister the archaeological, palaeontological or burial objects collected.

Site alteration permit

Application for permit

18 An application for a site alteration permit shall be made to the Minister in the prescribed form and shall be accompanied by the information and documents that the Minister requires.

Heritage impact assessment

19(1) After considering an application for a site alteration permit, the Minister may require the applicant to submit a heritage impact assessment, a development plan, or both, accompanied by any other plan, document, material or information relating to the proposed activities that the Minister considers appropriate.

19(2) A heritage impact assessment and a development plan required under this section shall be submitted in the format and shall meet the requirements specified by the Minister.

19(3) A heritage impact assessment, a development plan and any other accompanying plan, document, material or information required under this section shall be prepared at the cost of the applicant.

19(4) An archaeological and palaeontological field research permit is required if a heritage impact assessment or a development plan requires carrying out archaeological or palaeontological field research.

Issuance of permit

20(1) The Minister may issue a site alteration permit if the Minister believes the following:

(a)  that the proposed activities that would be subject to the permit are consistent with the conservation of provincial heritage; or

(b)  that the objects found at the site are not of significant heritage value or of significant scientific value.

20(2) The Minister shall provide written reasons for refusing to issue a permit.

Terms and conditions of permit

21(1) The Minister may impose the terms and conditions on a site alteration permit that he or she considers appropriate.

21(2) The permit holder, and any person working under the authority of the permit holder, shall comply with the terms and conditions specified by the Minister in the permit.

21(3) A permit is valid for the period specified by the Minister in the permit.

21(4) A permit is not transferable.

Cancellation of permit

22(1) The Minister may cancel a site alteration permit if the permit holder has violated or failed to comply with the terms and conditions of the permit or with this Act or the regulations.

22(2) When the Minister cancels a permit, he or she shall serve notice with reasons on the permit holder.

Effect of issuance of permit

23(1) A site alteration permit does not entitle the holder to enter on the land that is the subject of the permit unless the person has the permission of,

(a)  if the land is private land, the owner and any person in possession or occupation of the land, or

(b)  if the land is owned by the Crown, the Minister responsible for the administration of the land.

23(2) No liability attaches to the Crown or the Minister by reason of the issuance of a permit.

Amateur archaeologist or palaeontologist permit

Application for permit

24(1) The Minister may issue an amateur archaeologist or palaeontologist permit to an applicant who, in the Minister’s opinion, is not engaged in the activities of a professional archaeologist or palaeontologist and whose intended activities are consistent with the conservation of provincial heritage.

24(2) Despite subsection 11(1), a permit issued under subsection (1) authorizes the permit holder to undertake the archaeological or palaeontological activities that are prescribed by regulation.

24(3) An application for an amateur archaeologist or palaeontologist permit shall be made to the Minister in the prescribed form and shall be accompanied by the information and documents that the Minister requires.

24(4) The Minister shall provide written reasons for refusing to issue a permit.

Terms and conditions of permit

25(1) The Minister may impose the terms and conditions on an amateur archaeologist or palaeontologist permit that he or she considers appropriate.

25(2) The permit holder shall comply with the terms and conditions specified by the Minister in the permit.

25(3) A permit is valid for the period specified by the Minister in the permit.

25(4) A permit is not transferable.

Cancellation of permit

26(1) The Minister may cancel an amateur archaeologist or palaeontologist permit if the permit holder has violated or failed to comply with the terms and conditions of the permit or with this Act or the regulations.

26(2) When the Minister cancels a permit, he or she shall serve notice with reasons on the permit holder.

Effect of issuance of permit

27(1) An amateur archaeologist or palaeontologist permit does not entitle the holder to enter on private land that is the subject of the permit unless the person has the permission of the owner and any person in possession or occupation of the land.

27(2) No liability attaches to the Crown or the Minister by reason of the issuance of a permit.

PROVINCIAL HERITAGE

Designation of a provincial heritage place

Application for designation

28(1) A person may apply to the Minister to designate a place in the Province as a provincial heritage place.

28(2) An application under subsection (1) shall be made on a form provided by the Minister.

Requirements for designation

29(1) A place may be designated as a provincial heritage place if, in the opinion of the Minister, it meets the requirements set out in the regulations.

29(2) A designation as a provincial heritage place affects all the land, buildings and structures of the designated place.

Minister’s decision after an application for designation

30(1) The Minister shall consider an application for designation and may

(a)  reject the application and provide written reasons to the applicant for the refusal, or

(b)  accept the application and follow the designation process set out in sections 32 to 36.

30(2) The Minister’s decision to reject an application for designation is final.

Designation on the Minister’s initiative

31(1) The Minister may designate a place in the Province as a provincial heritage place on his or her own initiative.

31(2) The Minister shall follow the designation process set out in sections 32 to 36.

Notice of intention to designate

32(1) The Minister shall give notice of his or her intention to designate a place as a provincial heritage place in the following manner:

(a)  by giving notice:

(i) to the owner of the property;

(ii) to the applicant;

(iii) if the place is located in a municipality, to the clerk of the municipality; and

(iv) if the place is located in an unincorporated area, to the district planning commission for the relevant planning district;

(b)  by giving public notice:

(i) by publishing a notice in 2 newspapers having general circulation in the area in which the place is located; or

(ii) by any other method prescribed by regulation;

(c)  by publishing a notice in The Royal Gazette; and

(d)  by registering a notice under the Land Titles Act or the Registry Act, as the case may be, with respect to all the affected parcels.

32(2) Subject to subsection (3), a notice shall include the following information:

(a)  the proposed designation order, including:

(i) an adequate description of the place so that it may be readily ascertained;

(ii) a statement of the heritage value of the place; and

(iii) the character-defining elements of the place;

(b)  a statement that a permit will be required to alter the character-defining elements of the place; and

(c)  a statement that a notice of objection to the designation may be given to the Minister within 30 days after the day the notice of intention is first made public under paragraph (1)(b).

32(3) A notice under paragraph (1)(b) or (d) may summarize the information referred to in paragraph (2)(a), but it shall include a statement that the proposed designation order shall be available to be inspected at the place and time specified by the Minister, and the Minister shall make the proposed designation order available in accordance with that statement.

Effect of notice of intention to designate

33 Sections 38 to 44 apply to a place from the date on which the notice of intention to designate it as a provincial heritage place is published under paragraph 32(1)(c) as though the designation process were complete and a designation order had been made under section 36.

Objection

34 Within 30 days after the notice has been given under paragraph 32(1)(b), a person may give the Minister and the owner of the place affected a notice of objection on the form provided by the Minister setting out all the relevant facts.

Hearing

35(1) If a notice of objection is given to the Minister under section 34, the Minister shall hold a hearing to consider the matter as soon as practicable.

35(2) At least 10 days before the date of the hearing, the Minister shall give notice of the hearing to the objecting party.

35(3) The notice of hearing shall indicate the date, time and place of the hearing.

35(4) The hearing is not open to the public.

Minister’s decision

36(1) After a hearing under subsection 35(1) or after the time limit under section 34 has expired and no notice of objection has been given, the Minister may

(a)  make an order designating the place as a provincial heritage place, or

(b)  withdraw the notice of intention to designate the place.

36(2) Prior to making a designation order, the Minister may modify, add or delete a character-defining element, but if the Minister modifies the statement of the heritage value of the place, the Minister shall issue a new notice of intention to designate in accordance with the designation process set out in sections 32 to 36.

36(3) The Minister shall give notice of a designation order or of the withdrawal of a notice of intention to designate in the manner described in section 32, with the necessary modifications to the notice.

36(4) If the Minister withdraws a notice of intention to designate, the Minister shall

(a)  if applicable, give written reasons for the withdrawal to the applicant under section 28; and

(b)  register a notice of the withdrawal under the Land Titles Act or the Registry Act, as the case may be, with respect to all the affected parcels.

36(5) The decision of the Minister to withdraw the notice of intention to designate a place is final.

Repeal of a designation order

37(1) The Minister may repeal an order designating a place as a provincial heritage place, and sections 32 and 34 to 36 apply to the repeal with the necessary modifications.

37(2) The repeal of an order under this section is effective from the date of publication of the notice of repeal in The Royal Gazette in accordance with subsection 36(3).

37(3) In the case of the repeal of an order, the Minister shall register a notice of the repeal under the Land Titles Act or the Registry Act, as the case may be, with respect to all the affected parcels.

Alteration of character-defining elements of a provincial heritage place

Permit required

38 No person shall alter a character-defining element of a provincial heritage place described in a notice under subsection 36(3) without obtaining a provincial heritage permit.

Application for permit

39(1) A person may apply to the Minister for a provincial heritage permit on the form provided by the Minister.

39(2) The Minister shall forward a copy of a permit application to the relevant municipality or, if the provincial heritage place is located in an unincorporated area, to the district planning commission for the relevant planning district.

Heritage impact assessment

40(1) After considering an application for a provincial heritage permit, the Minister may require the applicant to submit a heritage impact assessment, a development plan, or both, accompanied by any other plan, document, material or information relating to the proposed activities that the Minister considers appropriate.

40(2) A heritage impact assessment and a development plan required under this section shall be submitted in the format and shall meet the requirements specified by the Minister.

40(3) A heritage impact assessment, a development plan and any other accompanying plan, document, material or information required under this section shall be prepared at the cost of the applicant.

Issuance of permit

41(1) The Minister shall issue a provincial heritage permit

(a)  if the Minister believes that the heritage value of the provincial heritage place will be conserved, or

(b)  if the proposed alteration, demolition or removal of the provincial heritage place is authorized under the authority of another Act or law because of a threat to the health or safety of the public or of an individual.

41(2) The Minister shall provide written reasons for refusing to issue a permit.

41(3) The Minister shall modify a designation order to reflect the alteration of a character-defining element, but he or she is not required to give a new notice of intention to designate.

Terms and conditions of permit

42(1) The Minister may impose the terms and conditions on a provincial heritage permit that he or she considers appropriate.

42(2) The permit holder, and any person working under the authority of the permit holder, shall comply with the terms and conditions specified by the Minister in the permit.

42(3) A permit is valid for the period specified by the Minister in the permit.

Cancellation of permit

43(1) The Minister may cancel a provincial heritage permit if the permit holder has violated or failed to comply with this Act or the regulations or the terms and conditions of the permit.

43(2) When the Minister cancels a permit, he or she shall serve notice with reasons on the permit holder.

Waiving permit requirement

44 Despite section 38, the Minister may waive the requirement for a provincial heritage permit for a person who already holds an archaeological and palaeontological field research permit or a site alteration permit with respect to that place.

Local historic places

Designation of a local historic place

45(1) The Minister may designate a place located in an unincorporated area as a local historic place if

(a)  the owner of the property agrees, and

(b)   the designation of the place receives support from

(i) a local society or organization concerned with heritage conservation,

(ii) the relevant local service district advisory committee,

(iii) a duly mandated governing body of one or more First Nations, or

(iv) the district planning commission for the relevant planning district.

45(2) The designation of a local historic place does not affect the title of the property nor does it impose any restrictions or obligations on the owner of the property.

MUNICIPAL HERITAGE

Heritage board

Heritage board

46 A municipality that intends to make by-laws with respect to municipal heritage conservation areas shall establish a heritage board consisting of not less than 5 members and not more than 11 members.

Appointment of members

47 The members of a heritage board shall include:

(a)  one member of the council, to be appointed by the mayor;

(b)  at least one property owner resident in the municipality who, in the opinion of the council, has a demonstrated interest in heritage conservation in the municipality, to be appointed by the council;

(c)  at least one person resident in the municipality who is a member of a local society or organization concerned with heritage conservation in the municipality, to be appointed by the council from a list of nominees submitted by the societies or organizations, but if no society or organization exists, then at least one other person shall be appointed in accordance with paragraph (b);

(d)  at least one person with professional knowledge and work experience in the field of architecture, restoration architecture or historic architecture or, if no such person is available, a person with professional knowledge and work experience in general restoration or renovation work, to be appointed by the council;

(e)  other members that meet any of the following requirements, to be appointed by the council:

(i) have the qualifications referred to in paragraph (b), (c) or (d);

(ii) have professional knowledge and work experience in community planning, urban planning, archaeology or palaeontology;

(iii) be a member of a natural or cultural heritage society;

(iv) be a non-residential user in the municipality, as defined in the Business Improvement Areas Act;

(v) be a resident of a municipal heritage conservation area established by the municipality; or

(vi) be a resident of the municipality who has a general interest in heritage conservation in the municipality.

Term of office and revocation of appointment

48(1) The member of a heritage board appointed from a council shall be appointed until the expiration of his or her term of office as a councillor.

48(2) The other members of a heritage board shall be appointed for a term determined by the appointing council, which shall not exceed 3 years.

48(3) A member of a heritage board is eligible for reappointment.

48(4) If a person appointed to a heritage board ceases to maintain his or her residency within the municipality, and residency is a requirement of his or her appointment, the heritage board shall declare his or her position to be vacant.

48(5) On the advice of the heritage board, a council may revoke the appointment of a member who without good cause consistently fails to attend the meetings of the heritage board and, if the appointment is revoked, the council shall declare the member’s position vacant.

Vacancy

49(1) If there is a vacancy on a heritage board, the board shall immediately notify the appropriate council of the vacancy.

49(2) Within 30 days after the notification referred to in subsection (1), the vacancy shall be filled in the same manner as the original appointment for the unexpired portion of the term.

49(3) A vacancy on a heritage board does not impair the capacity of the heritage board to act if a quorum is maintained.

Officers

50(1) A heritage board shall appoint from among its members a chair and a vice-chair to act if the chair is unable to act.

50(2) A heritage board shall appoint a member or any other person as secretary of the board.

Remuneration and expenses

51 The members of a heritage board shall serve without remuneration, but may be reimbursed by the municipality for those expenses necessarily incurred in the performance of their duties.

Practice and procedure

52 A heritage board may establish its own rules of practice and procedure.

Duties and powers

53(1) On the request of a council, a heritage board shall investigate and prepare a report respecting the establishment of a municipal heritage conservation area or the making of a by-law under this Act.

53(2) A heritage board shall carry out the duties assigned to it under this Act or the by-laws made under this Act.

53(3) A heritage board may

(a)  on its own motion investigate and prepare a report respecting the establishment of a municipal heritage conservation area or the making of a by-law under this Act,

(b)  recommend amendments to a municipal by-law under this or any other Act,

(c)  engage consultants whose reasonable charges may be paid by the municipality,

(d)  advise the council on municipal heritage resource management, heritage policies and any other heritage conservation matters, and

(e)  subject to the approval of the council adopt design and planning guidelines for the purpose of the issuance of municipal heritage permits by a heritage officer.

Appointment of heritage officer

54 For the purpose of assisting a heritage board in carrying out its duties, the council may appoint a heritage officer who shall carry out the duties assigned to him or her under this Act or the by-laws under this Act.

Municipal heritage conservation areas

By-law establishing municipal heritage conservation area

55(1) In this section, “design” includes the general appearance, colour, size, shape and massing, materials, landscaping, and the relationship of a building or structure to its site. (conception esthétique)

55(2) On the recommendation of a heritage board, a council may make a by-law establishing a municipal heritage conservation area that includes the municipality, a portion of the municipality or a building or structure in the municipality.

55(3) A municipal heritage conservation area by-law is effective with respect to all the properties, buildings and structures within the designated area.

55(4) A municipal heritage conservation area by-law may have the following purposes:

(a)  ensuring the conservation, which includes the preservation, restoration and rehabilitation of lands, buildings and structures of heritage value, and the development of these lands, buildings and structures;

(b)  subject to section 11, ensuring the conservation of archaeological and palaeontological sites;

(c)  ensuring the conservation of cultural landscapes;

(d)  ensuring the conservation of natural heritage; and

(e)  ensuring the conservation and improvement of the physical environment.

55(5) A municipal heritage conservation area by-law may include provisions:

(a)  establishing or adopting standards and guidelines for design, conservation and development, including technical and planning standards and guidelines;

(b)  prescribing duties of the heritage board in addition to those provided for in this Act;

(c)  prescribing the types of work or development undertaken in a municipal heritage conservation area that require a municipal heritage permit;

(d)  respecting the application for and issuance of a municipal heritage permit;

(e)  prescribing the terms and conditions of a municipal heritage permit;

(f)  prescribing the fees for a municipal heritage permit;

(g)  respecting the demolition of buildings and structures, including prohibiting the demolition of buildings and structures;

(h)  respecting the manner in which the interior or exterior, or both, of buildings and structures may be altered or repaired;

(i)  establishing the height, number of storeys, ground area, floor area and bulk of buildings and structures;

(j)  respecting the placement, location and arrangement of buildings and structures, including their setting back from the boundaries of a property;

(k)  respecting the exterior design, character and appearance of new buildings and structures;

(l)  establishing the placement, height and maintenance of fences, walls, hedges, shrubs, trees and other objects;

(m)  respecting the design, location, standards of construction and maintenance of signs;

(n)  respecting the conservation and planting of trees;

(o)  respecting the placement of utility poles and wires; and

(p)  providing for other matters within the jurisdiction of the council that, in the opinion of the council, are necessary to carry out the purposes of this Act.

Consideration of objections to by-law

56(1) No by-law shall be made under section 55 unless the council has done the following:

(a)  fixed a time and place for considering objections to the by-law;

(b)  given notice of its intention to consider making the by-law to the owners of the affected properties;

(c)  made notice of its intention to consider making the by-law available to the public:

(i) by publishing a notice once per week for at least 2 consecutive weeks before the date fixed in paragraph (a) in a newspaper published in or having general circulation in the municipality; or

(ii) by any other method prescribed by regulation; and

(d)  considered any written objections to the by-law and heard any person who wished to speak for or against the by-law at the time and place fixed under paragraph (a).

56(2) A notice under paragraph (1)(b) or (c) shall include the following information:

(a)  a description of the area affected by the by-law, which shall, if possible, refer to street names and civic numbers;

(b)  the statement of the heritage value of the municipal heritage conservation area;

(c)  a statement that a permit will be required to undertake specified work and development in the municipal heritage conservation area;

(d)  the time and place fixed under paragraph (1)(a); and

(e)  the name and address of the person to whom written objections may be sent.

56(3) The council may modify a proposed by-law before making it, but if the change is significant, the council shall give a new notice of its intention to consider making the by-law in accordance with the process set out in subsections (1) and (2).

Application of section 12 of Municipalities Act

57 Section 12 of the Municipalities Act applies to the making of a by-law under section 55.

Registration of by-law

58 On the making of a by-law under section 55, the council shall register the following documents under the Land Titles Act or the Registry Act, as the case may be:

(a)  a map or plan, showing the boundaries of the municipal heritage conservation area, that is

(i) under the seal of the municipality, and

(ii) signed by the clerk of the municipality; and

(b)  a notice of the by-law with respect to all the affected parcels.

Repeal or amendment of by-law

59(1) The council may repeal or amend a by-law made under section 55, and sections 56 to 58 apply with the necessary modifications to the repeal or amendment.

59(2) In the case of the repeal of a by-law, the council shall register a notice of the repeal with respect to all the affected parcels and shall register a notice of the removal of the map or plan of the municipal heritage conservation area under the Land Titles Act or the Registry Act, as the case may be.

59(3) In the case of an amendment to a by-law, if the council removes a property from a municipal heritage conservation area, the council shall register a notice of the removal under the Land Titles Act or the Registry Act, as the case may be.

Crown property

60(1) A by-law made under section 55 that affects a property owned by the Crown is not effective in respect of that property unless the Minister responsible for the administration of the property gives his or her written consent to the municipality.

60(2) If the Crown acquires a property affected by a by-law made under section 55 after the by-law is made, the Minister responsible for the administration of the property is deemed to have consented to the by-law affecting the property.

Proof of by-law

61(1) Despite the Evidence Act, proof of a by-law made under section 55 may be established in any court of competent jurisdiction or tribunal by an affidavit of the clerk of the municipality that states the following:

(a)  that he or she has compared the copy of the by-law attached to the affidavit with the original by-law and confirms that it is a true copy of the by-law;

(b)  that the requirements of the Municipalities Act and this Act with respect to the making of the by-law have been satisfied;

(c)  the date on which the by-law was made as shown by the original record of the by-law; and

(d)  if the affected property is owned by the Crown, the date on which the Minister responsible for the administration of the property consented to being affected by the by-law.

61(2) An affidavit under subsection (1) that sets forth the information required by that subsection shall be proof in the absence of evidence to the contrary of the facts contained in it and shall be accepted in evidence without proof of the official character or handwriting of the deponent.

Compliance with plans and development schemes

62 A by-law made under section 55 shall comply with any regional plan, municipal plan, rural plan, basic planning statement, development scheme or urban renewal scheme in effect in the municipal heritage conservation area.

Development in a municipal heritage conservation area

Permit required

63(1) No person shall carry out work or development of a type which is subject to a by-law made under section 55 unless that person obtains a municipal heritage permit.

63(2) No person shall carry out work or development in accordance with a municipal heritage permit until every right of appeal under this Act has been exercised or until the time prescribed for the exercise of that right of appeal has expired.

Application for permit

64 A person shall apply to the appropriate heritage board for a municipal heritage permit on the form provided by the board.

Issuance of permit

65(1) A heritage board shall issue a municipal heritage permit if the board considers that this Act and the by-laws under this Act have been complied with.

65(2) A heritage board may designate a heritage officer to issue municipal heritage permits.

65(3) A heritage officer shall issue a municipal heritage permit if he or she is satisfied that the application for the permit complies with the standards and guidelines established or adopted under paragraphs 53(3)(e) and 55(5)(a), if the officer is not so satisfied, he or she shall refer the application to the heritage board.

65(4) A heritage board shall provide written reasons for refusing to issue a permit.

Terms and conditions of permit

66(1) A heritage board may impose the terms and conditions on a municipal heritage permit that the board considers appropriate.

66(2) The permit holder, and any person working under the authority of the permit holder, shall comply with the terms and conditions prescribed by by-law and any other terms and conditions that the heritage board specifies in the permit.

66(3) A permit is valid for the period specified by the heritage board in the permit and may be renewed.

Cancellation of permit

67(1) A heritage board or a heritage officer may cancel or refuse to renew a municipal heritage permit if the permit holder has violated or failed to comply with this Act, the by-law or the terms and conditions of the permit.

67(2) When a heritage board or a heritage officer cancels a permit, the board or the officer, as the case may be, shall serve notice with reasons on the permit holder.

Local historic places

Designation of a local historic place

68(1) A council may designate a property located in a municipality as a local historic place if the owner of the property agrees to the designation.

68(2) The designation of a local historic place does not affect the title of the property nor does it impose any restrictions or obligations on the owner of the property.

Appeals

Appeal Board

69(1) The Appeal Board shall hear appeals under this Act.

69(2) Except in a situation referred to in section 10 of the Assessment and Planning Appeal Board Act, a decision made by a majority of the members of the Appeal Board is a decision of the Appeal Board.

69(3) The practices and procedures of the Appeal Board as established by the Assessment and Planning Appeal Board Act and by the Lieutenant-Governor in Council under the Community Planning Act apply, with the necessary modifications, to appeals under this Act.

Appeal to Appeal Board

70(1) Unless the Appeal Board decides there are insufficient grounds for hearing an appeal, the Appeal Board shall hear and determine all appeals lodged under subsection (2).

70(2) A person may appeal to the Appeal Board if he or she is aggrieved:

(a)  with the decision of a heritage board to issue, refuse to issue or cancel a municipal heritage permit;

(b)  with the decision of a heritage officer to issue or cancel a municipal heritage permit;

(c)  with a term or condition of a municipal heritage permit imposed by a heritage board;

(d)  with the failure of a heritage board to impose a term or condition on a municipal heritage permit;

(e)  with an order to cease activity issued by a heritage board or an inspector under subsection 83(2); or

(f)  with the misapplication of this Act or a by-law made under this Act, or a by-law or regulation respecting zoning and planning development under another Act.

70(3) An appeal shall be commenced within 15 days after the decision or order is made or the imposition of or failure to impose a term or condition.

Powers of Appeal Board

71(1) On an appeal of a decision of a heritage board or an inspector, the Appeal Board may:

(a)  dismiss the appeal;

(b)  allow the appeal in whole or in part, by cancelling a permit or by ordering the issuance of a permit attaching the terms and conditions to the permit that the Appeal Board considers necessary to ensure consistency with this Act or a by-law made under this Act;

(c)  allow the appeal in whole or in part, by setting aside an order to cease activity; or

(d)  add a term or condition to the permit or vary or delete a term or condition.

71(2) If the Appeal Board orders the issuance of a permit, the heritage board or the heritage officer shall immediately comply with the order.

71(3) A decision of the Appeal Board, other than an order referred to in subsection (2), takes effect 4 days after the date it is mailed in accordance with subsection 14(2) of the Assessment and Planning Appeal Board Act.

71(4) In addition to any other authority that the Appeal Board may have under this section, the Appeal Board may refer a matter back to the heritage board or the heritage officer that made the decision appealed from.

71(5) If the Appeal Board refers a matter back under subsection (4), it may provide directions.

71(6) If the Appeal Board refers a matter back under subsection (4), the heritage board or the heritage officer, as the case may be, may affirm, revoke or vary the decision appealed from.

Inquiry by Appeal Board

72(1) The Appeal Board may authorize a person to conduct an inquiry relating to a matter pending before it under this Act and, for that purpose, to enter on and inspect any land, building or structure.

72(2) A person authorized to conduct an inquiry under subsection (1) shall make his or her report available at least 3 clear days prior to the hearing of an appeal, and the Appeal Board shall receive the report in evidence.

Appeal to The Court of Appeal

73(1) An appeal lies from a decision of the Appeal Board to The Court of Appeal of New Brunswick on a question of law or mixed law and fact.

73(2) An appeal shall be commenced within 15 days after the date the decision of the Appeal Board takes effect under subsection 71(3).

ENFORCEMENT

Inspections

Appointment of inspectors

74(1) The Minister may appoint an inspector for the following purposes:

(a)  to conduct any study, survey, excavation or examination respecting archaeological sites, palaeontological sites or burial grounds or places that, in the Minister’s opinion, may be archaeological sites, palaeontological sites or burial grounds;

(b)  to conduct any study, survey, excavation or examination respecting provincial heritage places or places that, in the Minister’s opinion, may be so designated;

(c)  to assist the Minister in carrying out his or her duties and to ensure compliance with the provisions of this Act that are within the Minister’s jurisdiction.

74(2) A council may appoint an inspector for the following purposes:

(a)  to conduct any study, survey and examination respecting municipal heritage conservation areas or places that, in the council’s opinion, may be so established;

(b)  to assist the council or the heritage board in carrying out its duties and to ensure compliance with the provisions of this Act that are within the council’s jurisdiction.

74(3) The following persons are deemed to be inspectors within the meaning of subsection (2):

(a)  a heritage officer appointed under section 54; and

(b)  any person authorized by the Appeal Board to conduct an inquiry under section 72.

Certificate of appointment

75(1) The Minister shall issue to an inspector a certificate of appointment bearing the Minister’s signature or a facsimile of his or her signature.

75(2) The council shall issue to an inspector a certificate of appointment bearing the signature or a facsimile of the signature of the clerk of the municipality.

75(3) The Appeal Board shall issue to a person authorized to conduct an inquiry under section 72 a certificate of appointment bearing the signature or a facsimile of the signature of the Chairperson of the Board.

Ministerial inspection

76 For the purpose of an inspection, an inspector appointed by the Minister, at a reasonable time and on producing his or her certificate of appointment if so requested, may enter any place referred to in subsection 74(1) and may do any of the following:

(a)  be accompanied by and assisted by a person having special, expert or professional knowledge in an area relevant to the inspection;

(b)  observe ongoing archaeological or palaeontological field research, excavations or alterations at an archaeological site, palaeontological site or burial ground or observe work taking place in a laboratory or in a storage area;

(c)  prohibit a person from entering an archaeological or palaeontological site, a burial ground, a laboratory or storage area or parts of a laboratory or storage area where the work referred to in paragraph (b) is being carried out, for a reasonable period of time for the purposes of carrying out an examination, excavation or test;

(d)  observe work and development that are subject to a permit;

(e)  take photographs, video or other visual recordings, make acoustic recordings or make notes of the field, site or building conditions, of the conditions of any other place being inspected or of the artifacts or materials found at the place and take with him or her the equipment or recording materials required for this purpose;

(f)  make inquiries of a person working at the place being inspected that are relevant to the inspection;

(g)  require a person at the place being inspected to produce for inspection

(i) any drawing, field notes, specifications, permit, record, report, or any other document that is relevant to the inspection,

(ii) any photograph, video or other visual recording that is relevant to the inspection,

(iii) any human remains, archaeological or palaeontological object, burial object or artifact,

(iv) any other thing or material that is relevant to the inspection;

(h)  perform excavations, research, assessments and tests at the premises being inspected, or take samples from the premises, including tests conducted on, or samples taken from artifacts, archaeological objects, palaeontological objects or burial objects;

(i)  require in writing that any work referred to in paragraph (h) be carried out by or under the direction of a person specified by the inspector, including a person accompanying the inspector under paragraph (a);

(j)  require in writing that a person carrying out or directing any work referred to in paragraph (h) provide a report to the inspector within the time specified by the inspector;

(k)  after providing a receipt, remove items mentioned in paragraph (g) for the purpose of obtaining copies, or taking extracts or samples;

(l)  remove human remains for the purpose of burial; and

(m)  remove archaeological objects, palaeontological objects or burial objects for which the property has vested in the Crown.

Municipal inspection

77 For the purpose of an inspection, an inspector named by a council, at any reasonable time and on producing a certificate of appointment if so requested, may enter any place referred to in subsection 74(2) and may do the following:

(a)  be accompanied by and assisted by a person having special, expert or professional knowledge in an area relevant to the inspection;

(b)  observe work and development that are subject to a municipal heritage permit;

(c)  take photographs, video or other visual recordings, make acoustic recordings or make notes of the field, site or building conditions, of the conditions of any other place being inspected or of the artifacts or materials found at the place and take with him or her the equipment or recording materials required for this purpose;

(d)  make inquiries of a person working at the place being inspected that are relevant to the inspection;

(e)  perform research that the inspector considers necessary to establish the heritage value of the place being inspected; and

(f)  require a person at the place being inspected to produce for inspection any permit required under this Act.

Entry warrant required

78(1) An inspector shall not enter a private dwelling for the purposes of an inspection unless the inspector

(a)  has the consent of a person who appears to be an adult and who appears to occupy the dwelling, or

(b)  obtains an entry warrant in accordance with the Entry Warrants Act.

78(2) Before or after attempting to enter or to have access to any premises, an inspector may apply for an entry warrant under the Entry Warrants Act.

Objects and documents

79(1) Except for an archaeological, palaeontological or burial object for which the property has vested in the Crown or for human remains, the material or objects removed during an inspection under section 76 shall be returned to the occupier of the inspected premises as soon as possible after the making of copies, or the taking of extracts or samples.

79(2) A copy, extract or sample of any material or thing related to an inspection and purporting to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy, extract or sample.

79(3) A certificate referred to in subsection (2) shall not be received in evidence unless the party intending to produce it has given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the certificate.

79(4) A person against whom a certificate referred to in subsection (2) is produced may, with leave of the court, require the attendance of the person who signed the certificate for purposes of cross-examination.

Returning place to original condition

80 If an inspector undertakes the excavation of a place or the removal of an object from a place, he or she shall restore the place to its original condition after the excavation or removal is completed, insofar as it is reasonably practicable to do so.

Obstruction of inspector

81(1) No person shall obstruct or interfere with an inspector who is carrying out or attempting to carry out an inspection under the authority of this Act or withhold or destroy or conceal or refuse to furnish any information or thing required by the inspector for the purposes of the inspection.

81(2) A refusal of consent to enter a private dwelling is not and shall not be deemed to be obstruction or interference within the meaning of subsection (1), except if an entry warrant has been obtained.

False or misleading statement

82 No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector while the inspector is engaged in carrying out his or her duties under this Act.

Order to cease activity and temporary order to cease activity

Order to cease activity

83(1) The Minister, or an inspector appointed by the Minister, may issue an order to cease activity concerning any of the following activities conducted in contravention of this Act, the regulations or the terms and conditions of a permit issued under this Act:

(a)  removing, tampering with or disturbing an archaeological object, palaeontological object, burial object or human remains or any other evidence of past human use or activity;

(b)  excavating, altering or disturbing the ground or rock, or placing or constructing any structure or work; or

(c)  altering the heritage value or the character-defining elements of a provincial heritage place.

83(2) A heritage board, or an inspector appointed by a council, may issue an order to cease activity with respect to work or development undertaken in a municipal heritage conservation area in contravention of this Act, a by-law made under this Act or the terms and conditions of a municipal heritage permit.

83(3) An order issued under subsection (1) or (2) may provide for any of the following:

(a)  the cessation of the work;

(b)  the alteration of the work so as to remove the contravention; and

(c)  the performance of work to restore the land, building or structure to the condition it was in immediately prior to the activity being carried out that is the subject of the order to cease.

Temporary order to cease activity

84(1) The Minister, or an inspector appointed by the Minister, may issue a temporary order to cease activity with respect to a property in the Province to prevent the alteration of the property, any damage to the property or the demolition or removal of a building or structure on the property, if the Minister or inspector is of the opinion that

(a)  the property is eligible to be designated as a provincial heritage place, and

(b)  the property is likely to be altered or damaged or a building or structure located on the property is likely to be removed or demolished.

84(2) A heritage board, or an inspector appointed by a council, may issue a temporary order to cease activity with respect to a property in the municipality to prevent the alteration of the property, any damage to the property or the demolition or removal of a building or structure on the property, if the board or inspector is of the opinion that

(a)  the property is located in an area that is eligible to be designated as a municipal heritage conservation area, and

(b)  the property is likely to be altered or damaged or a building or structure located on the property is likely to be removed or demolished.

84(3) A temporary order to cease activity shall direct the owner of the property, or any person in apparent possession of the property, to ensure that any activity that is likely to result in the alteration of or damage to the property or the demolition or removal of any building or structure on the property not be commenced or be discontinued for a period of up to 60 days.

84(4) If, before the expiry of the 60 day period, notice is given under subparagraph 32(1)(a)(i) or paragraph 56(1)(b), a temporary order to cease activity is extended until a decision is made under section 36 or a by-law is made under section 55.

Ministerial order issued in a municipality

85 An order to cease activity or a temporary order to cease activity issued by the Minister, or by an inspector appointed by the Minister, with respect to a property located in a municipality is effective despite any authorization of the alteration, demolition or removal by the municipality.

Order to cease activity ineffective

86 An order to cease activity or a temporary order to cease activity issued by the Minister, a heritage board or an inspector is not effective if the alteration, demolition or removal is undertaken under the authority of another Act or law because of a threat to the health or safety of the public or of an individual.

Notice of orders to cease activity

87(1) An order to cease activity or a temporary order to cease activity shall

(a)  be in writing and be signed by the person who issued the order,

(b)  be served on the owner of the land, building or structure specified in the order,

(c)  state the grounds for the actions specified in the order, and

(d)  state the time limit for completing the actions specified in the order.

87(2) An order may also be served on the person undertaking the work on the land, building or structure specified in the order.

87(3) Despite subsection (1), an order may be given verbally, but an order given verbally shall be followed by a written order within 24 hours.

Enforcement and recovery of costs

88(1) The owner of property who is ordered to take action under section 83 or 84 shall comply with the order at his or her own expense.

88(2) If an order is not complied with, the Minister or the municipality, as the case may be, may cause the ordered action to be undertaken and may recover the costs of the work from the owner in an action before the court.

88(3) The costs to the Minister or the municipality of causing the ordered action to be undertaken under subsection (2) shall constitute a lien on the property concerned until recovered.

Proceedings and offences

Application for court order

89(1) The Minister, a municipality or a person named by either of them may make an application to the court for any of the orders described in subsection (2), whether or not a penalty has been provided or imposed under this Act, if a person:

(a)  contravenes or fails to comply with

(i) a provision of this Act, the regulations or a by-law made under section 55,

(ii) an order or demand made under this Act or a by-law made under section 55, or

(iii) a term or condition of a permit issued under this Act; or

(b)  obstructs a person in the performance of his or her duties under this Act.

89(2) In a proceeding under this section, the court may make an order

(a)  restraining the continuance or repetition of the contravention, failure or obstruction;

(b)  directing the surrender to the Minister of an archaeological, palaeontological or burial object for which the property has vested in the Crown;

(c)  directing the surrender of human remains to the Minister for the purpose of ensuring their burial;

(d)  directing the removal or destruction of a building or structure, or a part of a building or structure, in respect of which the contravention or failure has taken place, and that on failure to comply with the order, a person designated by the Minister or the council may remove or destroy the building or structure, or part of the building or structure, at the expense of the owner;

(e)  that the court considers necessary to enforce the provision in respect of which the application was made; and

(f)   as to costs and the recovery of the expenses of the removal or destruction.

Offences

90(1) A person who violates or fails to comply with a provision of this Act listed in Column I of Schedule A commits an offence.

90(2) For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

90(3) A person who violates or fails to comply with a by-law made under section 55 of this Act commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

90(4) Subject to subsection (5), a person who violates or fails to comply with a provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

90(5) A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under the authority of paragraph 101(k) commits an offence of the category prescribed by regulation.

Continuing offence

91 If an offence under this Act continues for more than one day,

(a)  the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b)  the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

Limitation period

92(1) A prosecution for an offence under this Act shall be commenced within 6 months after the discovery of the offence.

92(2) When an appeal is made to the Appeal Board with respect to an alleged offence, the time period referred to in subsection (1) shall be extended by the elapsed time between

(a)  the date of the notice of appeal, and

(b)  the date of the final disposition of the appeal.

GENERAL PROVISIONS AND REGULATIONS

No derogation from treaty rights or aboriginal rights

93 This Act, or an agreement entered under the authority of this Act, does not abrogate or derogate from the aboriginal or treaty rights of a First Nation or of any aboriginal peoples.

Work or development on property owned by the Crown

94 No person shall be exempt from compliance with this Act, the regulations or a by-law made under this Act, an order or demand made under this Act or the terms and conditions imposed under any of them, a decision of a heritage board or heritage officer or a decision of the Appeal Board, by reason only of the fact that the land, building or structure in respect of which he or she undertakes work or development is owned by the Crown.

Easements and covenants registered under the Historic Sites Protection Act

95 An easement or covenant registered against real property under section 2.1 of the Historic Sites Protection Act, chapter H-6 of the Revised Statutes, 1973, in effect immediately prior to the commencement of this section is continued, and the holder of the easement or covenant may enforce or assign the easement or covenant in accordance with that section.

No compensation

96 Except as provided in this Act, no property is deemed to be injuriously affected by and no property owner or other person is entitled to compensation with respect to a designation or its revocation, an order, a by-law or decision made or anything done by the Minister, a council, a heritage board, an inspector, a heritage officer or the Appeal Board under this Act.

Immunity

97 No action lies for damages or otherwise against the following persons or entities in relation to anything done in good faith or omitted in good faith by the person or entity, under this Act, the regulations or a by-law made under this Act:

(a)  the Province;

(b)  the Minister;

(c)  a council;

(d)  an inspector;

(e)  a heritage board;

(f)  a heritage officer;

(g)  the Appeal Board;

(h)  a member or former member of a heritage board or the Appeal Board; and

(i)  a person acting under or who has acted on the instructions of a person or entity referred to in paragraphs (a) to (h).

Service of documents

98(1) A document required to be served under this Act shall be served in the following manner:

(a)  in person, in the manner in which personal service may be made under the Rules of Court; or

(b)  by registered mail to the last known address of the person being served.

98(2) Service by registered mail is deemed to be effected 4 days after the date the notice is mailed.

Refusal of disclosure

99 The Minister may refuse to disclose information with respect to an archaeological site, a palaeontological site, a burial ground or a provincial heritage place if disclosure of the information, in the opinion of the Minister, could result in damage to or interfere with the conservation of the place or any objects located at the place.

Administration

100 The Minister is responsible for the administration of this Act and may designate one or more persons to act on his or her behalf.

Regulations

101 The Lieutenant-Governor in Council may make regulations

(a)  governing applications for permits issued by the Minister under this Act;

(b)  prescribing fees for applications for permits issued by the Minister under this Act;

(c)  prescribing the terms and conditions for obtaining and holding permits issued by the Minister under this Act;

(d)  prescribing the archaeological or palaeontological activities the may be undertaken by the holder of an amateur archaeologist or palaeontologist permit;

(e)  prescribing or adopting standards and guidelines for heritage impact assessments and development plans;

(f)  prescribing the criteria for an “archaeological object”;

(g)  prescribing or adopting standards and guidelines for archaeological and palaeontological field research;

(h)  prescribing the criteria for designating provincial heritage places;

(i)  prescribing or adopting standards and guidelines for the conservation of provincial heritage places;

(j)  prescribing the qualifications of inspectors;

(k)  prescribing categories of offences for the purposes of Part II of the Provincial Offences Procedure Act in relation to offences under the regulations;

(l)  defining words or expressions used in this Act but not defined;

(m)  prescribing forms and providing for their use; and

(n)  for carrying out the purposes of this Act.

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

Transitional provisions

Definitions

102 The following definitions apply in sections 103 to 112:

“Historic Sites Protection Act” means the Historic Sites Protection Act, chapter H-6 of the Revised Statutes, 1973. (Loi sur la protection des lieux historiques) (Loi sur la protection des lieux historiques)

“Municipal Heritage Preservation Act” means the Municipal Heritage Preservation Act, chapter M-21.1 of the Acts of New Brunswick, 1978. (Loi sur la sauvegarde du patrimoine municipal) (Loi sur la sauvegarde du patrimoine municipal)

Designations under the Historic Sites Protection Act

103(1) A site, parcel of land, building or structure that was designated as an historic site or an anthropological site under subsection 2(1) of the Historic Sites Protection Act immediately before the commencement of this section is designated as a provincial heritage place under this Act.

103(2) Subject to subsection (5), if, immediately before the commencement of this section, a site, parcel of land, building or structure referred to in subsection (1) was not a protected site under subsection 2(2) of the Historic Sites Protection Act, it is exempt from the requirements in section 38 for altering character-defining elements.

103(3) If, immediately before the commencement of this section, a site, parcel of land, building or structure referred to in subsection (1) was not a protected site under subsection 2(2) of the Historic Sites Protection Act, the Minister may revoke its provincial heritage place designation within 5 years after the commencement of this section, in which case the requirements in sections 32 to 36 do not apply.

103(4) The Minister’s decision to revoke a provincial heritage place designation under subsection (3) is final.

103(5) Five years after the commencement of this section, if the Minister has not revoked the provincial heritage place designation of a site, parcel of land, building or structure under subsection (3), that place is subject to the requirements in section 38 for altering character-defining elements.

Permit to excavate or alter a protected site under the Historic Sites Protection Act

104 A permit to excavate or alter a protected site or to remove historical or anthropological objects from a protected site under the Historic Sites Protection Act is deemed to be a provincial heritage permit issued under section 41.

Licence to conduct archaeological field research under the Historic Sites Protection Act

105 A licence to conduct archaeological field research under the Historic Sites Protection Act is deemed to be an archaeological and palaeontological field research permit issued under section 13.

Proceedings commenced under the Historic Sites Protection Act

106 If, before the commencement of this section, proceedings were commenced before The Court of Queen’s Bench of New Brunswick under the Historic Sites Protection Act, the proceedings shall be dealt with in accordance with that Act.

Appointments to the Advisory Board under the Historic Sites Protection Act

107(1) All appointments of persons as members, including as secretary, of the Advisory Board established under section 10 of the Historic Sites Protection Act are revoked.

107(2) All contracts, agreements or orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to the members of the Advisory Board referred to in subsection (1) are null and void.

107(3) Despite the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to a member of the Advisory Board referred to in subsection (1).

107(4) No action, application or other proceeding shall be instituted against Her Majesty in right of the Province as a result of the revocation of appointments under this section.

Appointments to Military Compound Board under Regulation 83-175

108(1) All appointments of persons as members, including as chairman, of the Military Compound Board established under Regulation 83-175 under the Historic Sites Protection Act are revoked.

108(2) All contracts, agreements or orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to the members of the Military Compound Board referred to in subsection (1) are null and void.

108(3) Despite the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to a member of the Military Compound Board referred to in subsection (1).

108(4) No action, application or other proceeding shall be instituted against Her Majesty in right of the Province as a result of the revocation of appointments under this section.

By-laws made under the Municipal Heritage Preservation Act

109 A by-law made under the Municipal Heritage Preservation Act in effect immediately before the commencement of this section is deemed to be a by-law made under section 55.

Certificates of appropriateness issued under the Municipal Heritage Preservation Act

110 A certificate of appropriateness issued under the Municipal Heritage Preservation Act in effect immediately before the commencement of this section is deemed to be a municipal heritage permit issued under section 65.

Proceedings commenced under the Municipal Heritage Preservation Act

111 If, before the commencement of this section, proceedings were commenced before the Assessment and Planning Appeal Board, The Court of Queen’s Bench of New Brunswick or The Court of Appeal of New Brunswick under the Municipal Heritage Preservation Act, the proceedings shall be dealt with in accordance with that Act.

Appointments made under the Municipal Heritage Preservation Act

112(1) A heritage review board established under the Municipal Heritage Preservation Act is continued as a heritage board under this Act.

112(2) A member of a heritage review board appointed under the Municipal Heritage Preservation Act is deemed to be appointed to a heritage board under this Act.

112(3) The term of office of a member referred to in subsection (2) expires on the date it would have expired under the Municipal Heritage Preservation Act.

112(4) A community heritage officer appointed under the authority of the Municipal Heritage Preservation Act is deemed to be a heritage officer appointed under this Act.

Consequential amendments

Assessment and Planning Appeal Board Act

113(1) Section 5 of the Assessment and Planning Appeal Board Act, chapter A-14.3 of the Acts of New Brunswick, 2001, is amended

(a)  by repealing paragraph (1)(c) and substituting the following:

(c)  the Heritage Conservation Act.

(b)  by repealing paragraph (2)(c) and substituting the following:

(c)  the Heritage Conservation Act.

113(2) Paragraph 14(2)(b) of the Act is repealed and the following is substituted:

(b)  in the case of an appeal commenced under the Heritage Conservation Act, to the council of the municipality or the rural community council, as the case may be.

Conservation Easements Act

114(1) Section 1 of the Conservation Easements Act, chapter C-16.3 of the Acts of New Brunswick, 1998, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means (ministre)

(a)  the Minister of Wellness, Culture and Sport, in the case of a conservation easement granted for the purposes of paragraph 3(g); and

(b)  the Minister of Natural Resources, in the case of all other conservation easements;

114(2) Paragraph 3(g) of the Act is repealed and the following is substituted:

(g)  the conservation of places of value due to their archaeological, palaeontological, historic, cultural, natural, scientific or design importance;

Mining Act

115 Section 1 of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended in the definition “mineral” by adding after paragraph (d) the following:

(d.1)  palaeontological objects,

New Brunswick Museum Act

116 Section 4 of the New Brunswick Museum Act, chapter N-7 of the Revised Statutes, 1973, is repealed and the following is substituted:

Jurisdiction of Board

4(1) The Board shall manage, control and administer the following property:

(a)  property vested in Her Majesty in right of the Province by section 7;

(b)  property deposited in the Museum under the authority of section 6 of the Historic Sites Protection Act, chapter H-6 of the Revised Statutes, 1973, immediately before the commencement of this section;

(c)   property deposited in the Museum under an agreement with the Minister of Wellness, Culture and Sport under the authority of subsection 7(1) of the Heritage Conservation Act;

(d)  property given to or acquired by the Board for the purposes of the Museum; and

(e)  the income received by the Board or the Province from trusts established for the benefit of the Museum or for purposes in connection with the Museum.

4(2) The Board has and shall exercise all the powers, rights and privileges vested in The Board of The New Brunswick Museum on April 17, 1943, insofar as they are consistent with the provisions of this Act.

Pipeline Act, 2005

117 Section 1 of the Pipeline Act, chapter P-8.5 of the Acts of New Brunswick, 2005, is amended in the definition “mineral” by adding after paragraph (d) the following:

(d.1)  palaeontological objects,

Roosevelt Campobello International Park Act

118 Paragraph 7(b) of the Roosevelt Campobello International Park Act, chapter R-11 of the Revised Statutes, 1973, is repealed and the following is substituted:

(b)  Heritage Conservation Act.

Repeals

Historic Sites Protection Act

119(1) The Historic Sites Protection Act, chapter H-6 of the Revised Statutes, 1973, is repealed.

119(2) New Brunswick Regulation 83-175 under the Historic Sites Protection Act is repealed.

119(3) New Brunswick Regulation 83-196 under the Historic Sites Protection Act is repealed.

119(4) New Brunswick Regulation 2001-34 under the Historic Sites Protections Act is repealed.

Municipal Heritage Preservation Act

120 The Municipal Heritage Preservation Act, chapter M-21.1 of the Acts of New Brunswick, 1978, is repealed.

Commencement

Commencement

121 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

SCHEDULE A

Column I Provision		Column II Category of offence
	9...............			F
	11...............			J
	14(3)...............			J
	17...............			J
	21(2)...............			J
	25(2)...............			J
	38 ...............			J
	42(2)...............			J
	63...............			J
	66(2)...............			J
	81(1)...............			J
	82...............			J
	88(1)...............			J