BILL NO. 118

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
64 Elizabeth II, 2015



Government Bill



Heritage Property Act
(amended)



The Honourable Tony Ince
Minister of Communities, Culture and Heritage



First Reading: November 13, 2015

(Explanatory Notes)

Second Reading: November 17, 2015

Third Reading: December 8, 2015 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

[home] [bills] 2014 Bills

Explanatory Notes

Clause 1 corrects an error in and adds a definition of undue hardship to the Heritage Property Act.

Clause 2 authorizes the Minister responsible for the Heritage Property Act to approve an amendment of the scope of provincial heritage property so that not all the property is necessarily included and to allow for development of a portion of that property so long as its heritage value is maintained.

Clause 3 authorizes the deregistration of a provincial heritage property if continued registration will cause significant financial difficulty for the owner.

Clause 4 replaces approval by the Governor in Council of a substantial alteration in the external appearance of or the demolition of a provincial heritage property with approval by the Minister.

Clause 5

(a) requires a municipal heritage advisory committee to include at least two members of the general public;

(b) permits the Minister to approve part of a heritage by-law or to approve a heritage by-law with amendments; and

(c) deems a heritage by-law to be approved by the Minister if the Minister does not approve or refuse to approve the by-law within 60 days of its submission to the Minister.

Clause 6 authorizes the heritage advisory committee of a municipality to advise the municipality respecting an application to deregister a municipal heritage property.

Clause 7 authorizes a municipality to amend the scope of a municipal heritage property.

Clause 8 authorizes the deregistration of a municipal heritage property if continued registration will cause significant financial difficulty for the owner.

Clause 9 removes from the Act some conditions that apply to heritage conservation districts and provides for conditions to be prescribed by the regulations made by the Governor in Council.

Clause 10 provides that the guidelines included in a conservation by-law must be as prescribed by the regulations made by the Governor in Council.

Clause 11 provides that certificates for development required by a conservation by-law are subject to the conditions prescribed by the regulations made by the Governor in Council.

Clause 12 provides that the responsibilities of a municipality's heritage officer respecting the administration of its conservation plan and its conservation by-law and the issuance of certificates under the by-law are as prescribed by the regulations made by the Governor in Council.

Clause 13 provides for the establishment of cultural landscapes by municipalities.

Clause 14 makes consequential changes to the regulation-making powers of the Governor in Council.

Clause 15 provides that this Act comes into force on proclamation.

[home] [bills] 2014 Bills

An Act to Amend Chapter 199
of the Revised Statutes, 1989,
the Heritage Property Act

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 199 of the Revised Statutes, 1989, the Heritage Property Act, as amended by Chapter 10 of the Acts of 1991 and Chapter 54 of the Acts of 2010, is further amended by

(a) striking out the period at the end of the first clause (k) and substituting a semicolon;

(b) relettering the second clause (k) as clause (l);

(c) striking out the period at the end of that clause and substituting a semicolon; and

(d) adding immediately after that clause the following clause:

2 Chapter 199 is amended by adding immediately after Section 8 the following Section:

3 (1) Subsection 9(2) of Chapter 199, as amended by Chapter 54 of the Acts of 2010, is further amended by

(a) striking out "or" at the end of clause (a);

(b) striking out the period at the end of clause (b) and substituting "; and"; and

(c) adding immediately after clause (b) the following clause:

(2) Subsection 9(3) of Chapter 199 is repealed and the following subsection substituted:

(3) Where the Minister receives a recommendation from the Advisory Council for deregistration of a provincial heritage property or where it appears to the Minister in accordance with the criteria considered by the Advisory Council that the continued registration of the property is inappropriate, the Minister may deregister the property not fewer than thirty days after a notice giving particulars of the proposed deregistration is served on the registered owner of the property and published in a newspaper circulating in the area where the property is situate.

4 (1) Subsection 11(1) of Chapter 199, as amended by Chapter 54 of the Acts of 2010, is further amended by striking out "Governor in Council" in the last line and substituting "Minister".

(2) Subsection 11(5) of Chapter 199 is repealed.

(3) Subsection 11(6) of Chapter 199 is amended by striking out "Governor in Council" in the first line and substituting "Minister".

(4) Subsection 11(7) of Chapter 199 is amended by striking out "made by the Governor in Council" in the last line.

5 Section 12 of Chapter 199 is repealed and the following Section substituted:

6 Section 13 of Chapter 199, as amended by Chapter 10 of the Acts of 1991 and Chapter 54 of the Acts of 2010, is further amended by adding immediately after clause (a) the following clause:

7 Chapter 199 is further amended by adding immediately after Section 15 the following Section:

8 Subsection 16(1) of Chapter 199 is repealed and the following subsection substituted:

9 Subsection 19B(1) of Chapter 199 is repealed and the following subsection substituted:

10 Section 19C of Chapter 199 is repealed and the following Section substituted:

11 Subsections 19E(2) to (6) of Chapter 199 are repealed and the following subsection substituted:

12 Subsections 19G(2) to (5) of Chapter 199 are repealed and the following subsection substituted:

13 Chapter 199 is further amended by adding immediately after Section 19J the following Sections:

14 Subsection 26(1) of Chapter 199, as amended by Chapter 10 of the Acts of 1991 and Chapter 54 of the Acts of 2010, is further amended by striking out clause (ae) and substituting the following clauses:

15 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

[home] [bills] 2014 Bills


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2015 Crown in right of Nova Scotia. Created December 18, 2015. Send comments to legc.office@gov.ns.ca.