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This is an unofficial version.
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This version is current as of November 21, 2014.
It has been in effect since February 15, 2003.

Note: Earlier consolidated versions are not available online.


 

C.C.S.M. c. H39.1

The Heritage Resources Act

(Assented to July 11, 1985)

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

Definitions

1           In this Act,

"council" means "The Manitoba Heritage Council" for which provision is made in Part V; (« conseil »)

"Crown" means the Crown in right of Manitoba; (« Sa Majesté »)

"Heritage Notice" means a Heritage Notice for which provision is made in Part I; (« avis de qualification »)

"heritage object" means a heritage object as defined in Part IV; (« objet du patrimoine »)

"heritage permit" means a heritage permit issued under Part II; (« permis en matière de patrimoine »)

"heritage resource" includes

(a) a heritage site,

(b) a heritage object, and

(c) any work or assembly of works of nature or of human endeavour that is of value for its archaeological, palaeontological, pre-historic, historic, cultural, natural, scientific or aesthetic features, and may be in the form of sites or objects or a combination thereof; (« richesse du patrimoine »)

"heritage resource impact assessment" means a written assessment showing the impact that proposed work, activity or development or a proposed project, as described in section 12, is likely to have upon heritage resources or human remains; (« étude d'impact en matière du patrimoine »)

"heritage site" means a site designated as a heritage site under Part I; (« site du patrimoine »)

"human remains" means human remains as defined in Part IV; (« ossements humains »)

"inspector" means an inspector appointed under this Act; (« inspecteur »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"municipal heritage committee" means a municipal heritage committee established by a municipality under Part III; (« comité municipal du patrimoine »)

"Municipal Heritage Notice" means a Municipal Heritage Notice for which provision is made in Part III; (« avis municipal de qualification »)

"municipal heritage permit" means a municipal heritage permit issued under Part III; (« permis municipal en matière de patrimoine »)

"municipal heritage site" means a municipal site designated as a municipal heritage site under Part III; (« site municipal du patrimoine »)

"Municipal Notice of Intent" means a Municipal Notice of Intent for which provision is made in Part III; (« avis municipal d'intention »)

"municipal site" means, as the case may require,

(a) an area or a place, or

(b) a parcel of land, or

(c) a building or structure, or

(d) an exterior or interior portion or segment of a building or structure,

within a municipality, whether it is privately owned or owned by the municipality; (« site municipal »)

"municipality" means any locality the inhabitants of which are incorporated and continued under the authority of The Municipal Act or some other Act of the Legislature, and includes a rural municipality, an incorporated city, town or village, a local government district and The City of Winnipeg, and includes Northern Manitoba as defined in The Northern Affairs Act and any locality within Northern Manitoba for which provision is made in that Act, and includes the council or other body or persons authorized to act for a municipality as so defined; (« municipalité »)

"Notice of Intent" means a Notice of Intent for which provision is made in Part I; (« avis d'intention »)

"site" means, as the case may require,

(a) an area or a place, or

(b) a parcel of land, or

(c) a building or structure, or

(d) an exterior or interior portion or segment of a building or structure,

within the province, whether it is privately owned or owned by a municipality or owned by the Crown or an agency thereof. (« site »)

PART I

DESIGNATION OF HERITAGE SITES

Sites of heritage significance

2           The minister may, in accordance with this Part, designate any site as a heritage site for the purposes of this Act, where the minister is satisfied that the site represents, either in itself or by reason of heritage resources or human remains discovered or believed to be therein or thereunder, an important feature of

(a) the historic or pre-historic development of the province or a specific locality within the province, or of the peoples of the province or locality and their respective cultures; or

(b) the natural history of the province or a specific locality within the province;

as the case may be, and has by virtue thereof sufficient heritage significance to be so designated.

Adjacent and nearby sites

3           Where a site has no heritage significance within the meaning of section 2 but the minister is satisfied that it should be designated as a heritage site for the purposes of this Act because of its proximity to, and for the protection or enhancement of, another site designated as a heritage site pursuant to section 2, the minister may, in accordance with this Part, so designate the site, but the designation so made shall be revoked in accordance with this Part in the event the designation of that other site is revoked.

Notice of Intent

4           Upon determining, pursuant to section 2 or 3, to designate a site as a heritage site, the minister shall, at least 60 days before making the designation, serve the owner and any lessee of the site with a Notice of Intent, in such form as the minister may by regulation prescribe, declaring the intention of the minister to designate the site as a heritage site and stating the date of the intended designation and containing such other information and particulars as the minister deems necessary, and the minister, forthwith or as soon as practicable after the service,

(a) shall publish a copy of the Notice of Intent in 2 issues of a newspaper, or 1 issue of each of 2 newspapers, circulating in the area of the site; and

(b) where the site is contained in a certificate of title under The Real Poperty Act or in an Abstract Book under The Registry Act, shall file a copy of the Notice of Intent in the proper land titles office or registry office, as the case may require.

Objections

5(1)        An owner or lessee of a site who is served with a Notice of Intent under section 4, and any person affected or likely to be affected by, and any person, group, society, organization or agency interested in, the designation proposed in the Notice of Intent, may object to the proposed designation by serving, within 30 days from the date of the publication of the Notice of Intent under that section, a Notice of Objection, upon the minister and, where the person objecting is not the owner or lessee of the site, upon the owner and any lessee of the site.

Form of Notice of Objection

5(2)        A Notice of Objection required under subsection (1) shall be in such form and contain such information as the minister may by regulation prescribe.

Designation where no objection

6(1)        Where no Notice of Objection is served in accordance with section 5, the minister may, upon the expiry of 60 days from the date of publication of the Notice of Intent under section 4, by regulation, designate the site as a heritage site, and thereupon

(a) shall serve a Heritage Notice upon any person previously served with the Notice of Intent under section 4;

(b) shall publish a copy of the Heritage Notice in one issue of a newspaper circulating in the area of the site; and

(c) where a copy of the Notice of Intent was filed under clause 4(b), shall similarly file a copy of the Heritage Notice.

Form of Heritage Notice

6(2)        A Heritage Notice required under subsection (1) shall be in such form and shall contain such information as the minister may by regulation prescribe.

Hearing upon objection

7(1)        Where a Notice of Objection to the proposed designation of a site is served in accordance with section 5, and the objecting party does not, pursuant to negotiations with the minister or on the initiative of the party, withdraw the Notice of Objection within 30 days from the date of the service upon the minister, the minister shall refer the objection to The Municipal Board, and The Municipal Board shall set a date, time and place for the hearing of the objection and shall, at least 21 days before the date of the hearing,

(a) serve a notice of the hearing upon the minister, upon the objecting party and, where the objecting party is not the owner or a lessee of the site, upon the owner and any lessee of the site; and

(b) publish a notice of the hearing in 2 issues of a newspaper, or 1 issue of each of 2 newspapers, circulating in the area of the site.

Report of Municipal Board

7(2)        After holding a hearing as provided in subsection (1), The Municipal Board shall prepare and submit to the minister a report of its recommendations in respect of the objection, with reasons.

Decision of minister

8(1)        The minister shall consider any report received under section 7 in respect of an objection to a proposed designation and may thereafter decide

(a) not to proceed with the designation; or

(b) to vary the designation in accordance with the recommendations of the Municipal Board, and proceed with the designation as varied; or

(c) to refer the matter to the Lieutenant Governor in Council for a decision.

Decision not to designate

8(2)        Upon making a decision under clause (1)(a) not to proceed with the proposed designation of a site, the minister shall cancel the Notice of Intent previously served in respect of the site under section 4, and

(a) shall serve a notice of the cancellation upon the owner and any lessee of the site;

(b) shall publish a copy of the notice of cancellation in one issue of a newspaper circulating in the area of the site; and

(c) where a copy of the Notice of Intent was filed under clause 4(b), shall similarly file a copy of the notice of cancellation.

Decision to vary designation

8(3)        Upon making a decision under clause (1)(b) to vary the proposed designation of a site, the minister shall proceed to make the designation in its varied form in accordance with section 6, mutatis mutandis.

Reference to L. G. in C.

8(4)        Upon making a decision under clause (1)(c), the minister shall refer the matter to the Lieutenant Governor in Council and shall submit to the Lieutenant Governor in Council the report of The Municipal Board received under section 7, together with the opinion of the minister if any, and the Lieutenant Governor in Council may, after considering the report and the opinion, decide

(a) that the designation should not be proceeded with; or

(b) that the designation should be varied and should be proceeded with as varied; or

(c) that the designation should be proceeded with in its original form;

and shall direct the minister accordingly.

L. G. in C. decision not to designate

8(5)        Upon being directed by the Lieutenant Governor in Council under clause (4)(a) not to make a proposed designation, the minister shall proceed in accordance with subsection (2), mutatis mutandis.

L. G. in C. decision to designate

8(6)        Upon being directed by the Lieutenant Governor in Council under clause (4)(b) or (c) to make a proposed designation in a varied form or in its original form, the minister shall proceed to make the designation in its varied form or original form, as the case may be, in accordance with section 6, mutatis mutandis.

Appeals from designations

9(1)        Any owner or lessee of a site designated as a heritage site under section 6 or 8, and any person affected or likely to be affected by the designation, and any person, group, society, organization or agency interested in the designation, may appeal therefrom to the minister, at any time after the making of the designation but only where the designation as originally proposed in the related Notice of Intent has been varied or where new circumstances or new facts have arisen or have been discovered since the making of the designation, by serving the minister with a Notice of Appeal, and the Notice of Appeal shall be in such form and shall contain such information as the minister may by regulation prescribe.

Options of minister upon appeal

9(2)        Upon being served, under subsection (1), with a Notice of Appeal from a designation, the minister may

(a) revoke the designation; or

(b) vary the designation; or

(c) refer the appeal to The Municipal Board.

Revocation of designation upon appeal

9(3)        Upon a decision under clause (2)(a) to revoke the designation of a site pursuant to an appeal, the minister shall, by regulation, revoke the designation, and shall

(a) serve a notice of the revocation upon the appellant and, where the appellant is not the owner or lessee of the site, upon the owner and any lessee of the site;

(b) publish a copy of the notice of the revocation in one issue of a newspaper circulating in the area of the site; and

(c) where a Heritage Notice was previously filed with respect to the site under section 6 or 8, shall similarly file a copy of the notice of the revocation.

Variation of designation upon appeal

9(4)        Upon a decision under clause (2)(b) to vary the designation of a site upon appeal, the minister shall, by regulation, amend the original designation in accordance with the variation, and shall thereafter cause to be prepared an amended Heritage Notice and shall serve, publish and file copies thereof in accordance with subsection 6(1), mutatis mutandis.

Reference to Municipal Board

9(5)        Upon a decision under clause (2)(c) to refer an appeal to The Municipal Board, the minister shall refer the appeal to The Municipal Board and The Municipal Board shall proceed in accordance with subsection 7(1), mutatis mutandis.

Report of Municipal Board

9(6)        After holding a hearing pursuant to subsection (5), The Municipal Board shall prepare and submit to the minister a report of its recommendations, with reasons.

Reference to L. G. in C.

9(7)        The minister shall consider any report received under subsection (6) in respect of an appeal and shall submit the report along with the opinion of the minister, if any, to the Lieutenant Governor in Council, and the Lieutenant Governor in Council may decide

(a) that the designation appealed from should be revoked; or

(b) that the designation appealed from should be varied; or

(c) that the designation appealed from should be confirmed, and the appeal should be dismissed;

and shall direct the minister to carry out that decision.

Revocation of designation

9(8)        Upon a direction under clause (7)(a) to revoke a designation, the minister shall proceed in accordance with subsection (3), mutatis mutandis.

Varying designation

9(9)        Upon a direction under clause (7)(b) to vary a designation, the minister shall proceed in accordance with subsection (4), mutatis mutandis.

Revocation of proposed designation - not under objection

10          The minister may at any time, on the initiative of the minister, determine that the designation of a site as a heritage site proposed to be made under this Part should not be proceeded with, or should be varied, and in that event the minister shall proceed in accordance with subsection 8(2) or (3), as the case may be, mutatis mutandis.

Revocation of designation - not under appeal

11          The minister may at any time, on the initiative of the minister, determine that the designation of a site as a heritage site made under this Part should be revoked or varied, and in that event the minister shall proceed in accordance with subsection 9(3) or (4), as the case may be, mutatis mutandis.

PART II

PROTECTION OF SITES

Heritage resource impact assessment - intended or designated sites

12(1)       Any person proposing to

(a) excavate, repair, alter, renovate, enlarge, construct an addition to, demolish, remove, destroy or damage; or

(b) erect, build or construct any erection, building or structure upon or within; or

(c) carry out any development project, including any commercial, industrial, agricultural, residential, construction or other similar activity, development or project, upon or within;

any site that is subject to a subsisting Notice of Intent, or that is a heritage site, shall, before commencing the proposed work, activity, development or project described in clause (a), (b) or (c), and subject to sections 13 and 14, submit to the minister an application for a heritage permit authorizing the proposed work, activity, development or project, and thereafter, if the minister after considering the application so requires, shall, in addition and before commencing the proposed work, activity, development or project, submit to the minister a heritage resource impact assessment or development plan or both, as the minister may require, and such other plans, documents, material and information as the minister may require, with respect to the proposed work, activity, development or project, prepared at the cost of the person.

Heritage resource impact assessment - other sites

12(2)       Where the minister has reason to believe that heritage resources or human remains upon or within or beneath a site, other than a site that is subject to a subsisting Notice of Intent or that is a heritage site, are likely to be damaged or destroyed by reason of any work, activity, development or project described in subsection (1) that is being or is proposed to be carried out upon the site, the minister may, by written order served upon the owner or lessee of the site, require the owner or lessee to forthwith cease the work, activity, development or project or, if not yet in progress, to refrain from commencing it, and, before recommencing or commencing it, as the case may be, and subject to sections 13 and 14, to submit to the minister an application for a heritage permit authorizing the work, activity, development or project, and thereafter, if the minister after considering the application so requires, to submit to theminister, in addition and before recommencing or commencing the work, activity, development or project, a heritage resource impact assessment or development plan or both, as the minister may require, and such other plans, documents, material and information as the minister may require, with respect to the work, activity, development or project, prepared at the cost of the owner or lessee.

Form of application, impact assessment and development plan

12(3)       Any application for a heritage permit, and any heritage resource impact assessment or development plan required under this section shall be in such form and shall contain such information as the minister may, by regulation, prescribe.

Approval of minister

13(1)       The minister, after considering any heritage resource impact assessment, development plan and other documents, material and information received under section 12 in respect of any work, activity, development or project upon a site,

(a) may approve the work, activity, development or project in the form in which it is proposed, or with such variations as the minister deems necessary for the protection of the site or any heritage resources or human remains upon or within or beneath the site;

(b) may require the allocation of such amount as the minister deems necessary for the purpose of mitigating any damage to and for any subsequent restoration or maintenance of the site or the heritage resources or human remains, and may further require that the allocation and the use thereof for those purposes be secured by a bond in an amount and in a form to be approved by the minister;

(c) subject to subsection (2) and where the owner or lessee of the site complies with clause (b), and pays such fee as the Lieutenant Governor in Council may by regulation prescribe, may issue a heritage permit authorizing the proposed work, activity, development or project, in the form in which it is proposed or as varied under clause (a), and may make the heritage permit so issued subject to such terms and conditions as the minister deems necessary.

Waiver of certain requirements

13(2)       Where the minister deems it advisable to do so, the minister may issue a heritage permit under subsection (1) without requiring the submission of a heritage resource impact assessment or any or all of the additional things that may be required under section 12.

Heritage permit required

14(1)       No person shall carry out any work, activity, development or project described in subsection 12(1), upon or within a site that is subject to a subsisting Notice of Intent or that is a heritage site or that is a site with respect to which the minister has made and served an order under subsection 12(2), unless and until the minister has issued a heritage permit under section 13 authorizing the work, activity, development or project, and unless the work, activity, development or project is carried out in accordance with such terms and conditions as the minister may impose and as may be set out in or attached to the heritage permit.

Form of heritage permit

14(2)       A heritage permit shall be in such form and contain such information and particulars as the minister may by regulation prescribe.

Maintenance of heritage sites

15          The minister may require the owner or lessee of a heritage site to undertake such measures as the minister may prescribe for the repair, maintenance, preservation, protection or restoration thereof, and may provide the owner or lessee with such assistance in support of those measures in the form of grants or professional and technical services or otherwise as the minister deems advisable, and may enter into an agreement with the owner or lessee for those purposes.

Appointment of inspectors

16(1)       The Lieutenant Governor in Council may appoint any person employed in the government under the minister, as an inspector for the purposes of this Act.

Surveys, examinations, etc.

16(2)       The minister, or an inspector with the written authorization of the minister, may at any reasonable hour enter any premises, with the consent of the owner or lessee thereof, for the purpose of making any study, survey, inspection or examination in the course of the administration of this Act.

Entry to ascertain breach

16(3)       Where the minister believes, on reasonable and probable grounds, that a breach of this Act or the regulations, or any term or condition of a heritage permit, or any term or condition of an agreement or an order, direction or requirement of the minister entered into, made, given or imposed under this Act, has been or is being committed upon or within or in respect of any premises, an inspector with the written authorization of the minister may at any hour of the day or night but subject to subsection (4) enter the premises, with or without the consent of the owner or lessee thereof but on the authority of a warrant issued under subsection (5), and there conduct such search, examination or inspection as may be necessary to ascertain whether or not the breach has been or is being committed, and may there seize, and bring before a judge or justice to be dealt with accordingto law, any object, document, record or thing that the inspector believes on reasonable and probable grounds will afford evidence of the commission of the breach.

Private residences

16(4)       An entry under subsection (3) of premises that are occupied as a private residence shall not be made except at a reasonable hour.

Issue of warrant

16(5)       A judge or justice, if satisfied by information given upon oath that there are reasonable and probable grounds for believing that a breach of a kind described in subsection (3) has been or is being committed upon or within or in respect of any premises, may grant a warrant in respect of those premises for the purposes of subsection (3).

Stop order

17(1)       Where the minister believes on reasonable and probable grounds that a person is in breach of a provision of section 12 or an order made thereunder, or a provision of section 14 or the terms and conditions of a heritage permit, or a provision of a requirement of the minister imposed or an agreement entered into under section 15, the minister may, by order in writing served upon the person,

(a) require the person to remedy the breach within a period of time stated in the order; or

(b) where the minister has reason to believe that irreparable or costly damage is likely to result if the breach continues for any period of time, require the person to remedy the breach forthwith upon the service of the order;

as the case may require.

Order of judge

17(2)       Where a person required by an order made under subsection (1) to remedy a breach fails to obey the order, the minister may, upon notice to the person, apply to a judge or justice for an order authorizing the minister to enter or cause to be entered the affected site and there take or cause to be taken such steps as may be necessary to remedy the breach effectively and forthwith, including

(a) where the breach consists of unauthorized work, activity or development or an unauthorized project, the removal of any workers, materials and equipment found on the site; and

(b) where the breach consists of a failure to do required work, doing the work required to be done;

and the judge or justice may grant the order or such other order as the judge or justice deems proper and may make the order subject to such terms and conditions as the judge or justice deems necessary, and the minister may upon the order being granted carry out or cause to be carried out the provisions thereof.

Where delay prejudicial

17(3)       Where the minister believes that the delay necessary to obtain an order under subsection (2) is likely to result in irreparable or costly damage to heritage resources or human remains, the minister may, without such an order and with no further notice to the owner or lessee of the site containing the heritage resources or human remains, enter or cause to be entered the site and there take or cause to be taken such of the steps to which reference is made in subsection (2) as may be necessary to halt the damage, but shall not take or cause to be taken any further steps except pursuant to and in accordance with the order of a judge or justice obtained under subsection (2).

Recovery of costs

17(4)       Where the minister takes steps under this section to remedy a breach committed by any person, the minister may recover from the person, by action in any court of competent jurisdiction but subject always to any order of a judge or justice made under this section in respect thereof,

(a) the costs and expenses necessarily incurred by the minister in taking those steps; and

(b) the amount of any grant made to the person under this Act by way of assistance.

Appeals from order or action of minister

18          A person who feels aggrieved by an order made or action taken by the minister under section 17 may appeal therefrom to a judge of the Court of Queen's Bench within 30 days from the making of the order or the taking of the action, as the case may be, and the judge upon hearing the appeal may confirm the order or direct the minister to vary or rescind the order and may give such further direction in respect of the order and such direction in respect of the action, as to damages or otherwise, as the judge deems proper.

Erection of commemorative markers

19(1)       The minister may erect and maintain or cause to be erected and maintained, at any heritage site and, by agreement with the owner and any lessee thereof, at any other site, a sign, plaque or commemorative marker containing information as to the heritage significance of the site.

Damage to commemorative markers

19(2)       No person shall remove, damage, deface, destroy or interfere with any sign, plaque or commemorative marker erected under subsection (1).

Transfer or sale of sites

20          An owner of a heritage site or a site that is subject to a subsisting Notice of Intent who proposes to transfer or sell the site,

(a) shall, prior to the transfer or sale, advise the transferee or purchaser that the site is a heritage site or is subject to the Notice of Intent, as the case may be; and

(b) shall, prior to the transfer or sale or, if that is not possible, as soon as possible after the transfer or sale, advise the minister thereof and provide the minister with such particulars of the transfer or sale as the minister may require.

Heritage covenants

21(1)       The minister or a municipality, or any interested person, group, society, organization or agency, may enter into a heritage agreement with the owner of a site or municipal site believed to contain heritage resources or human remains respecting the maintenance, preservation or protection of the site and the heritage resources or human remains by the owner and all subsequent owners thereof and providing that the provisions contained in the heritage agreement shall be covenants running with the land, and, where the minister is not a party to the heritage agreement, the parties to the heritage agreement shall each serve a copy thereof upon the minister, and the minister, whether or not a party to the heritage agreement, shall file a notice of the heritage agreement together with a copy thereof in the proper land titles office, where the affected land is contained in a certificate of title under The Real Property Act, or in the proper registry office, where the affected land is contained in an Abstract Book under The Registry Act, as the case may be, and from and after the filing the provisions contained in the heritage agreement are covenants running with the land and binding upon the owner and all subsequent owners of the site or municipal site, as the case may be.

Variation of heritage covenants by parties

21(2)       The parties to a heritage agreement entered into and filed under subsection (1) may at any time, by a further heritage agreement, modify or cancel any provision of the original heritage agreement, and in that event shall each, where the minister is not a party to the further heritage agreement, serve the minister with a copy thereof, and the minister shall file a notice of the further heritage agreement together with a copy thereof as provided in subsection (1).

Variation of heritage covenants by minister

21(3)       Where a heritage agreement respecting a site or municipal site is entered into and filed under subsection (1) or (2) and the minister deems it advisable, in the best interests of the site or municipal site or for any other reason, to modify or cancel any provision of the heritage agreement, but the parties to the heritage agreement are unable for any reason to agree with one another to effect the modification or cancellation, the minister may, by order and whether or not the minister is a party to the heritage agreement, effect the modification or cancellation and shall file a copy of the order as provided in subsection (1).

Enforcement of heritage covenants

21(4)       Where a person is in breach of a provision of a heritage agreement entered into and filed under subsection (1) or (2), the minister, whether or not a party to the heritage agreement, may institute an action in a court of competent jurisdiction for an order requiring the person to remedy the breach.

Acquisition and disposal of heritage sites

22          Where the minister deems it to be in the best interests of a heritage site, the minister may, with the approval of the Lieutenant Governor in Council,

(a) acquire the heritage site for and on behalf of the government by gift, devise, purchase, lease, exchange, expropriation under The Expropriation Act, or otherwise;

(b) where the heritage site is owned by the Crown, make an outright grant of, or lease, the heritage site to any person, group, society, organization or agency, or to a municipality, for use or development in accordance with the terms and conditions of the grant or lease and the provisions of any agreement that may be entered into by the minister with the donee or lessee in respect thereof.

Register of heritage sites

23(1)       The minister shall maintain a register of all heritage sites in the province showing, in respect of each site,

(a) the location of the site and a description sufficient to identify the boundaries thereof;

(b) particulars sufficient to explain the heritage significance of the site;

(c) the date of the designation of the site as a heritage site;

(d) the names and residence addresses of the owners and any lessees of the site;

(e) such other particulars and information as the minister deems advisable.

Public display of register

23(2)       A register maintained under subsection (1) shall be available for public inspection at such location, on such days and during such hours as the minister may direct.

Transitional

24          Property that, immediately prior to the coming into force of this Act, was a historic site within the meaning of The Historic Sites and Objects Act by virtue of having been declared to be so under that Act, is deemed for all purposes on, from and after the coming into force of this Act to be a heritage site within the meaning of this Act, and the provisions of this Act apply thereto, mutatis mutandis, on, from and after the coming into force thereof.

PART III

DESIGNATION OF MUNICIPAL HERITAGE SITES

Designation by by-law

25          A municipality may, by by-law made in accordance with this Part, designate as a municipal heritage site for the purposes of this Part, any municipal site within the municipality that in the opinion of the municipality

(a) has sufficient heritage significance of the kind described in section 2; or

(b) should be so designated by virtue of its proximity to and for the protection or enhancement of a municipal heritage site to which clause (a) applies.

First reading of by-law

26(1)       Where a municipality proposes to designate a municipal site under section 25, it shall cause to be prepared a by-law to that effect and shall give 1st reading thereto.

Municipal Notice of Intent

26(2)       Forthwith after giving 1st reading to a by-law proposed to be made under section 25 in respect of a municipal site, the municipality shall cause to be prepared a Municipal Notice of Intent, in such form as the minister may by regulation prescribe and with a copy of the proposed by-law attached, declaring the intention of the municipality to designate the municipal site as a heritage municipal site and stating a date, time and place for a hearing to be held by the municipality to receive objections and other representations with respect to the proposed by-law, and containing such other information and particulars as the municipality deems necessary, and the date so stated shall be no earlier than 21 days after the date of the services or the latest of the services made under clause (a), and the municipality

(a) shall serve the owner and any lessee of the municipal site, and the minister, with a copy of the Municipal Notice of Intent and attached by-law;

(b) shall publish a copy of the Municipal Notice of Intent in 2 issues of a newspaper, or 1 issue of each of 2 newspapers, circulating in the area of the municipal site; and

(c) where the municipal site is contained in a certificate of title under The Real Property Act or in an Abstract Book under The Registry Act, shall file a copy of the Municipal Notice of Intent in the proper land titles office or registry office, as the case may require.

Hearing

26(3)       The minister and any person served with a Municipal Notice of Intent under this section, and any other person affected or likely to be affected by the proposed by-law, and any person, group, society, organization or agency interested in the proposed by-law, may attend at the hearing provided for in the Municipal Notice of Intent either alone or with counsel and may thereat submit objections or other representations with respect to the proposed by-law.

Where no objections raised

27(1)       Where there are no objections to a proposed by-law at a hearing held under section 26, the municipality proposing the by-law may, after the hearing,

(a) resolve not to proceed further with the proposed by-law, notwithstanding that there were no objections; or

(b) give 2nd and 3rd reading to the proposed by-law and adopt it;

as the case may be.

Where objections raised

27(2)       Where there are objections to a proposed by-law at a hearing held under section 26, the municipality proposing the by-law may, after the hearing,

(a) resolve not to proceed further with the proposed by-law; or

(b) amend the proposed by-law in accordance with the objections or otherwise, and give 2nd and 3rd reading to the proposed by-law and adopt it as amended; or

(c) submit the proposed by-law along with the objections to The Municipal Board and request The Municipal Board to hold a hearing and thereafter to report its recommendations, with reasons, to the municipality;

as the case may be.

Hearing by Municipal Board

28(1)       Where a proposed by-law is submitted to The Municipal Board under section 27, The Municipal Board shall set a date, time and place for a hearing to receive objections and other representations with respect to the proposed by-law, and shall, at least 21 days before the hearing,

(a) serve a notice of the date, time and place of the hearing upon the municipality, the minister, the owner and any lessee of the affected municipal site where the objecting party is not the owner or a lessee thereof, and any person, group, society, organization or agency who or which objected to the proposed by-law or made any other representation with respect thereto at the hearing held under section 26; and

(b) publish a copy of the notice in 2 issues of a newspaper, or 1 issue of each of 2 newspapers, circulating in the area of the affected municipal site.

Attendance at hearing

28(2)       Any person served with a copy of the notice of a hearing under subsection (1), and any other person affected or likely to be affected by the proposed by-law, and any other person, group, society, organization or agency interested in the proposed by-law, may attend at the hearing either alone or with counsel and be heard.

Report of Municipal Board

28(3)       After a hearing held under this section with respect to a proposed by-law, The Municipal Board shall prepare and submit to the municipality proposing the by-law a report of its recommendations in respect thereof, with reasons.

Action of municipality upon report

29          Upon receiving and considering a report under section 28 in respect of a proposed by-law, the municipality proposing the by-law may

(a) resolve not to proceed further with the proposed by-law; or

(b) amend the proposed by-law and give 2nd and 3rd reading to the proposed by-law and adopt it as amended; or

(c) give 2nd and 3rd reading to the proposed by-law and adopt it without amendment;

as the case may be.

Appeals from municipal designations

30(1)       Any owner or lessee of a municipal site designated by the by-law of a municipality as a municipal heritage site under this Part, and any person affected or likely to be affected by the designation, and any person, group, society, organization or agency interested in the designation, may appeal therefrom to the municipality, at any time after the adoption of the by-law but only where the by-law as originally proposed has been varied or new circumstances or new facts have arisen or have been discovered since the date of the adoption.

Notice of appeal

30(2)       An appeal under subsection (1) shall be commenced by serving the municipality and the minister with a Notice of Appeal, and the Notice of Appeal shall be in such form and shall contain such information as the minister may by regulation prescribe.

Options of municipality upon appeal

30(3)       Upon being served with a Notice of Appeal from a by-law under subsection (1) a municipality may, upon the expiry of 30 days from the date of the service,

(a) by a further by-law, revoke the by-law appealed from; or

(b) refer the appeal to The Municipal Board.

Reference of appeal to Municipal Board

31(1)       Upon the reference of an appeal to The Municipal Board under clause 30(3)(b), section 28 applies, mutatis mutandis.

Action of municipality upon report

31(2)       Upon receiving and considering a report of The Municipal Board under subsection (1), the municipality may

(a) by by-law, revoke or amend the by-law appealed from; or

(b) by resolution, confirm the by-law appealed from and dismiss the appeal.

Revocation - not under appeal

32          A municipality may at any time, on its own motion and without a hearing,

(a) resolve not to proceed further with a proposed by-law that has received 1st reading under section 26; or

(b) where a by-law, as proposed or as amended, has received 2nd and 3rd reading and has been adopted under this Part, by a further by-law revoke that by-law.

Service, publication and filing requirements

33(1)       Where, under this Part, a municipality resolves not to proceed further with a proposed by-law that has received 1st reading, or to confirm a by-law under appeal, or gives 2nd and 3rd reading to a by-law or amended by-law and adopts it and prepares a Municipal Heritage Notice in respect thereof, or by a further by-law revokes a by-law on appeal or on its own motion, the municipality

(a) shall serve a copy of the resolution or the by-law or the Municipal Heritage Notice, as the case may be, on the minister and on the owner and any lessee of the affected municipal site;

(b) shall publish a copy of the resolution or the by-law or the Municipal Heritage Notice, as the case may be, in one issue of a newspaper circulating in the area of the affected municipal site; and

(c) where a Municipal Notice of Intent respecting the affected municipal site was filed in a land titles office or registry office, shall file a copy of the resolution or the by-law or the Municipal Heritage Notice, as the case may be, in that land titles office or registry office.

Form of Municipal Heritage Notice

33(2)       A Municipal Heritage Notice to which reference is made in subsection (1) shall be in such form and shall contain such information as the minister may by regulation prescribe.

Protection of proposed and designated municipal sites

34(1)       A municipality may, by by-law, provide for

(a) the protection of any municipal heritage site designated or proposed to be designated under this Part, by prohibiting any or all of the things set out in clauses 12(1)(a), (b) and (c), except pursuant to a municipal heritage permit issued by the municipality, or by such other means as the municipality deems advisable;

(b) the issue, suspension and cancellation of municipal heritage permits for the purposes of clause (a);

(c) the maintenance of any municipal heritage site by the owner, or by the owner with the financial or other assistance and advice of the municipality or otherwise, and may enter into an agreement with the owner or lessee of the municipal heritage site for those purposes;

(d) the establishment of a municipal heritage committee to advise the municipality on any matter relating to this Act.

Appointment of inspectors

34(2)       A municipality may appoint any person, including a person appointed as an inspector under Part II, as an inspector for the purposes of this Part.

Surveys, examinations, etc.

34(3)       A municipality, or an inspector with the written authorization of the municipality, may at any reasonable hour enter any premises within the municipality, with the consent of the owner or lessee thereof, for the purpose of making any study, survey, inspection or examination in the course of the administration of this Part.

Entry to ascertain breach

34(4)       Where a municipality believes, on reasonable and probable grounds, that a breach of this Part or any term or condition of a municipal heritage permit or of an agreement, order or by-law, entered into or made under this Part, has been or is being committed upon or within or in respect of any premises within the municipality, an inspector with the written authorization of the municipality may at any hour of the day or night but subject to subsection (5) enter the premises, with or without the consent of the owner or lessee thereof but on the authority of a warrant issued under subsection (6), and there conduct such search, examination or inspection as may be necessary to ascertain whether or not the breach has been or is being committed, and may there seize, and bring before a judge or justice to be dealt with according to law, any object, document, record or thing that the inspector believes on reasonable and probable grounds will afford evidence of the commission of the breach.

Private residences

34(5)       An entry under subsection (3) of premises that are occupied as a private residence shall not be made except at a reasonable hour.

Issue of warrant

34(6)       A judge or justice, if satisfied by information given upon oath that there are reasonable and probable grounds for believing that a breach of a kind described in subsection (4) has been or is being committed upon or within or in respect of any premises within a municipality, may grant a warrant in respect of those premises for the purposes of subsection (4).

Stop order

35(1)       Where a person is in breach of a provision of this Part or a by-law made thereunder or the terms and conditions of a municipal heritage permit, or a provision of an agreement entered into with a municipality under this Part, the municipality affected may, by order in writing served upon the person,

(a) require the person to remedy the breach within a period of time stated in the order; or

(b) where the municipality has reason to believe that irreparable or costly damage is likely to result if the breach continues for any period of time, require the person to remedy the breach forthwith upon the service of the order;

as the case may require.

Order of judge

35(2)       Where a person required by an order made under subsection (1) to remedy a breach fails to obey the order, the municipality affected may, upon notice to the person, apply to a judge or justice for an order authorizing the municipality to enter or cause to be entered the affected municipal site and there take or cause to be taken such steps as may be necessary to remedy the breach effectively and forthwith, including

(a) where the breach consists of unauthorized work, activity or development or an unauthorized project, the removal of any workers, materials and equipment found on the municipal site; and

(b) where the breach consists of a failure to do required work, doing the work required to be done;

and the judge or justice may grant the order or such other order as the judge or justice deems proper and may make the order subject to such terms and conditions as the judge or justice deems necessary, and the municipality may upon the order being granted carry out or cause to be carried out the provisions thereof.

Where delay prejudicial

35(3)       Where the municipality affected believes that the delay necessary to obtain an order under subsection (2) is likely to result in irreparable or costly damage to heritage resources or human remains, the municipality may, without such an order and with no further notice to the owner or lessee of the municipal site containing the heritage resources or human remains, enter or cause to be entered the municipal site and there take or cause to be taken such of the steps to which reference is made in subsection (2) as may be necessary to halt the damage, but shall not take or cause to be taken any further steps except pursuant to and in accordance with the order of a judge or justice obtained under subsection (2).

Recovery of costs

35(4)       Where a municipality takes steps under this section to remedy a breach committed by any person, the municipality may recover from the person, by action in any court of competent jurisdiction but subject always to any order of a judge or justice made under this section in respect thereof,

(a) the costs and expenses necessarily incurred by the municipality in taking those steps; and

(b) the amount of any grant made to the person by the municipality under this Part by way of assistance.

Appeals from order or action of municipality

35(5)       A person who feels aggrieved by an order made or action taken by a municipality under this section may appeal therefrom to a judge of the Court of Queen's Bench within 30 days from the making of the order or the taking of the action, as the case may be, and the judge upon hearing the appeal may confirm the order or direct the municipality to vary or rescind the order and may give such further direction in respect of the order and such direction in respect of the action, as to damages or otherwise, as the judge deems proper.

Erection of commemorative markers

36(1)       A municipality may erect and maintain or cause to be erected and maintained, at any municipal heritage site and, by agreement with the owner and any lessee thereof, at any other municipal site, a sign, plaque or commemorative marker containing information as to the heritage significance of the municipal site.

Damage to commemorative markers

36(2)       No person shall remove, damage, deface, destroy or interfere with any sign, plaque or commemorative marker erected under subsection (1).

Transfer or sale of municipal heritage sites

37          An owner of a municipal heritage site, or a municipal site that is subject to a subsisting Municipal Notice of Intent, who proposes to transfer or sell the municipal heritage site or municipal site, as the case may be,

(a) shall, prior to the transfer or sale, advise the transferee or purchaser that the municipal site is a municipal heritage site or is subject to a Municipal Notice of Intent, as the case may be; and

(b) shall prior to the transfer or sale, or, if that is not possible, as soon as possible thereafter, advise the municipality thereof and provide the municipality with such particulars thereof as the municipality may require.

Acquisition and disposal of municipal heritage sites

38          Where a municipality deems it to be in the best interests of a municipal heritage site, it may

(a) acquire the municipal heritage site by gift, devise, purchase, lease, exchange, expropriation under The Expropriation Act, or otherwise;

(b) where the municipal heritage site is owned by the municipality, make an outright grant of, or lease, the municipal heritage site to any person, group, society, organization or agency, for use or development in accordance with the terms and conditions of the grant or lease and the provisions of any agreement that may be entered into by the municipality with the donee or lessee in respect thereof.

Register of municipal heritage sites

39(1)       A municipality shall maintain a register of all municipal heritage sites within the municipality showing

(a) the location of each municipal heritage site and a description sufficient to identify the boundaries thereof;

(b) particulars sufficient to explain the heritage significance of each municipal heritage site;

(c) the date of the designation of each municipal heritage site under this Part;

(d) the names and residence addresses of the owners and any lessees of each municipal heritage site;

(e) such other particulars and information with respect to each municipal heritage site as the municipality deems advisable.

Public display of register

39(2)       A register maintained under subsection (1) shall be available for public inspection at such location, on such days and during such hours as the municipality may direct.

Assistance by minister

40(1)       The minister may provide assistance, in the form of grants or professional and technical advice and services or otherwise,

(a) to any municipality to enable it to exercise or perform more effectively the powers conferred upon it under this Part, or any powers conferred upon it under another Act of the Legislature that in the opinion of the minister have a purpose equivalent to that of the powers conferred under this Part; and

(b) to any owner or lessee of a municipal heritage site that has been designated as such under this Part.

Receipt of gifts, etc.

40(2)       A municipality may receive, from any person or source, money by way of gift or bequest, and any real or personal property by way of gift, devise, bequest, loan, lease or otherwise, for the purposes of this Part, and shall use any money or property so received in such manner, subject to any directions, terms and conditions imposed by the donor, lender or lessor, as the municipality deems best.

Conflicting declarations

41          Where the minister under this Act, and a municipality under this or another Act of the Legislature, both designate the same site as a heritage site or municipal heritage site or any equivalent thereof, the minister and the municipality may agree

(a) that both designations shall remain in effect, and that the site shall be administered jointly by the minister and the municipality; or

(b) that the designation of the minister only shall remain in effect; or

(c) that the designation of the municipality only shall remain in effect;

as the case may be, but in the absence of such an agreement the designation of the minister prevails.

Municipal powers are additional

42          The powers conferred upon a municipality under this Part are in addition to and not in substitution for any powers the municipality may have under another Act of the Legislature.

PART IV

HERITAGE OBJECTS AND HUMAN REMAINS

Definitions

43(1)       In this Part,

"archaeological object" means an object

(a) that is the product of human art, workmanship or use, including plant and animal remains that have been modified by or deposited due to human activities,

(b) that is of value for its historic or archaeological significance, and

(c) that is or has been discovered on or beneath land in Manitoba, or submerged or partially submerged beneath the surface of any watercourse or permanent body of water in Manitoba; (« objet archéologique »)

"heritage object" includes

(a) an archaeological object,

(b) a palaeontological object,

(c) a natural heritage object, and

(d) an object designated as a heritage object by the Lieutenant Governor in Council under subsection (2); (« objet du patrimoine »)

"human remains" means remains of human bodies that in the opinion of the minister have heritage significance and that are situated or discovered outside a recognized cemetery or burial ground in respect of which there is some manner of identifying the persons buried therein; (« ossements humains »)

"natural heritage object" means a work of nature consisting of or containing evidence of flora or fauna or geological processes; (« objet du patrimoine naturel »)

"palaeontological object" means the remains or fossil or other object indicating the existence of extinct or prehistoric animals, but does not include human remains. (« objet paléontologique »)

Designations by L. G. in C.

43(2)       The Lieutenant Governor in Council may, by regulation, designate as a heritage object for the purposes of this Part, any object that is not a heritage object within the meaning of clause (a), (b), or (c) of the definition "heritage object" in subsection (1), but in the opinion of the Lieutenant Governor in Council has sufficient heritage significance for such a designation.

Ownership and right of posssession - heritage objects

44(1)       Subject to subsections (2), (3), (4) and (5), the property in, and the title and right of possession to, any heritage object found by any person on or after the day this Act comes into force is and vests in the Crown, but

(a) where the heritage object is found on or under Crown land or municipal land, or submerged or partially submerged beneath the surface of any watercourse or permanent body of water on Crown land or municipal land, other than such Crown land or municipal land as the minister may by regulation exclude from the application of this clause, it shall remain in the custody of the finder; and

(b) where the heritage object is found on or under private land, or submerged or partially submerged beneath the surface of any watercourse or permanent body of water on private land, it shall remain in the custody of the owner of the land;

unless the finder or owner, as the case may be, elects to give custody of the heritage object to the Crown.

Agreement for custody

44(2)       A person who retains custody of a heritage object under subsection (1) is deemed to be holding the heritage object in trust for the Crown, and the minister may on behalf of the Crown enter into an agreement with the person respecting the housing and protection of the heritage object and containing such other terms and conditions to be observed by the person in respect of the heritage object, including the length of the period of time during which the person is to retain custody of the heritage object, as the minister and the person may agree.

Transfer of custody

44(3)       The custody of a heritage object retained under subsection (1)

(a) is transferable, by the person who has the custody, to any other person at any time; and

(b) upon the death of a person who has the custody, passes to the heirs, executors or administrators of the person;

and any transferee, heir, executor or administrator so receiving the custody is deemed to be holding the heritage object in trust for the Crown and subject to any agreement entered into under subsection (2) and to the provisions of this Part.

Waiver of Crown rights

44(4)       The minister may at any time, on behalf of the Crown, by order, waive any right of ownership of a heritage object that the Crown has under subsection (1).

Ownership of existing heritage objects

44(5)       A person or a municipality who or that, pursuant to provisions of The Historic Sites and Objects Act, became the owner of a heritage object before the day this Act comes into force, continues to be the owner thereof and to have the right of possession thereto on, from and after the day this Act comes into force, notwithstanding anything to the contrary in this Part.

Ownership and right of possession - human remains

45          The property in, and the title and right of possession to, any human remains found by any person after May 3, 1967, is and vests in the Crown.

Report of findings

46          Every person who finds an object that is or that the person believes to be a heritage object, or remains that are or that the person believes to be human remains, shall forthwith report the find to the minister and shall not handle, disturb or do anything to the object or the remains except in accordance with such requirements as the minister may prescribe.

Acquisition of heritage objects

47(1)       The minister may acquire, for and on behalf of the Crown, by gift, bequest, lease, loan or otherwise, any heritage object that is private property or municipal property.

Disposal of heritage objects

47(2)       The minister may dispose of any heritage object owned by the Crown, by gift, lease, loan or otherwise, subject to such terms and conditions including the provision of a security bond as the Lieutenant Governor in Council may prescribe.

Agreements with owners

48(1)       The minister may enter into an agreement with any owner of a heritage object respecting the inspection and examination, the housing and custody, the restoration and preservation, and the public display, of the object, on such terms and conditions as may be specified in the agreement.

Minister as trustee

48(2)       Without restricting the generality of subsection (1), an agreement under that subsection respecting any heritage object may provide

(a) that the minister for and on behalf of the Crown shall have custody of the object as trustee for the owner for such period or periods of time and subject to such terms and conditions, including the requirement that the object when displayed shall be identified as the property of the owner, as may be specified in the agreement;

(b) where the agreement contains a provision under clause (a), that the minister shall, at the cost of the government or partly at the cost of the government and partly at the cost of the owner and with professional and technical assistance to be provided by the minister at no cost to the owner, restore and preserve and provide appropriate housing for the object;

(c) where the agreement contains a provision under clause (a), that the minister shall arrange for the display of the object in such museum or other appropriate public institution as may be specified in the agreement or as may be agreed upon from time to time between the minister and the owner.

Agreement with museums, etc.

49(1)       The minister may enter into an agreement with any museum or other appropriate public or private institution in the province for the custody, care, restoration, preservation and public display of any heritage object, subject to such terms and conditions as may be specified in the agreement.

Agreements with other jurisdictions

49(2)       The minister, with the approval of the Lieutenant Governor in Council, may enter into an agreement with any museum or other appropriate public or private institution outside of the province for the display by that museum or institution of any heritage object found in Manitoba or the display within Manitoba of any heritage object in the custody of that museum or institution.

Agreements for investigation

50          Where the minister has reason to believe that there are heritage objects or human remains on or under any land, and that they are likely to be damaged or destroyed by reason of any activity including commercial, industrial, agricultural, residential, construction or other development or activity, the minister may enter into an agreement with the owner of the land or the person undertaking the activity respecting the searching for, and the excavation, investigation, examination, preservation and removal of, any heritage object or human remains found on or under the land.

Destruction of heritage objects or human remains

51          No person shall destroy, damage or alter any heritage object, whether or not the person is the owner thereof, or any human remains.

Export of heritage objects

52          No person shall remove a heritage object from the province, whether or not the person is the owner thereof, except pursuant to a heritage permit and in accordance with such terms and conditions as may be prescribed by the minister and set out in or attached to the heritage permit.

Heritage permit for searching or excavating

53          No person shall search or excavate for heritage objects or human remains except pursuant to a heritage permit and in accordance with such terms and conditions as may be prescribed by the minister and set out in or attached to the heritage permit.

Issue of heritage permits

54          The minister may issue any heritage permit required for the purposes of this Part, upon the receipt of an application therefor in a form approved by the minister, accompanied by such fee as the Lieutenant Governor in Council may by regulation prescribe and such information, particulars and documents as the minister may require.

Register of heritage objects

55(1)       The minister shall maintain a register of such heritage objects found in the province as the minister deems to be significant representations of the heritage resources of Manitoba, and the register shall show in respect of each heritage object listed therein

(a) the present location of the heritage object and the place where it was discovered;

(b) a description of the heritage object and an explanation of the heritage significance thereof;

(c) the date the heritage object was discovered;

(d) the name and address of the owner of the heritage object and of the person who discovered it;

(e) such other particulars and information as the minister deems advisable.

Public display of register

55(2)       A register maintained under subsection (1) shall be available for public inspection at such location, on such days and during such hours as the minister may direct.

PART V

GENERAL

Heritage council

56(1)       There is hereby established a council to be known as "The Manitoba Heritage Council".

Membership

56(2)       The council shall consist of not fewer than 9 members, to be appointed by the Lieutenant Governor in Council.

Archivist of Manitoba

56(3)       The Archivist of Manitoba is an ex officio member of the council.

Secretary

56(4)       The director of the Historic Resources Branch of that department of the government within which this Act is being administered is, ex officio, a member and the secretary of the council.

Presiding member and deputy presiding member

56(5)       The Lieutenant Governor in Council shall appoint one of the members of the council as the presiding member and another as the deputy presiding member thereof.

Terms of office

56(6)       The members of the council shall hold office for such period of time as may be fixed by the Lieutenant Governor in Council, and thereafter until their successors are appointed.

Remuneration

56(7)       The members of the council may receive such remuneration for their services as the Lieutenant Governor in Council may approve, and such reimbursement for out-of-pocket expenses necessarily incurred by them in performing those services as the minister may deem reasonable.

Procedure

56(8)       The council may make rules governing its procedure and fixing a quorum for its meetings.

Duties and functions

56(9)       The minister or the Lieutenant Governor in Council may refer to the council for its consideration and advice, and the council may on its own initiative consider and advise the minister on, any matter relating to this Act or the administration thereof.

S.M. 2001, c. 35, s. 39.

Priority of filings in land titles office

57          Notwithstanding anything to the contrary in any other Act of the Legislature, a notice or other document filed in a land titles office or registry office under or pursuant to this Act in respect of land described in the notice or other document has priority over any instrument or document filed or registered in that land titles office or registry office under or pursuant to another Act of the Legislature in respect of the same land before or after the coming into force of this Act and before or after the filing of that notice or other document under or pursuant to this Act.

Appeal not a stay

58(1)       An appeal under or pursuant to this Act does not operate as a stay of the matter appealed from, unless the minister or, where the appeal is being made to a judge or a municipality, the judge or municipality, as the case may be, upon being satisfied that irreparable or costly loss or damage is likely to result if the matter is not stayed, otherwise orders.

Frequency of appeals

58(2)       An appeal under or pursuant to this Act does not prevent the appellant, or any person, group, society, organization or agency that has a right of appeal under this Act, from further appealing the same matter, where the ground for so doing is that new circumstances or new facts have arisen or have been discovered since the date of the preceding appeal.

Public hearings

58(3)       Any hearing held under or pursuant to this Act shall be open to members of the public, and any person, group, society, organization or agency interested in the subject matter of the hearing may attend at the hearing with or without counsel and may make submissions thereat and be heard.

Method of service

59(1)       Subject to subsection (2), any service of a notice or other document required to be made under or pursuant to this Act shall be made by personal service.

Substitutional service

59(2)       Where a person being served under or pursuant to this Act cannot after diligent search be found, the service may be made in such manner as a judge of the Court of Queen's Bench may, upon the ex parte application of the minister, direct.

Where delay prejudicial

59(3)       Where a person being served under or pursuant to this Act cannot after diligent search be found, and the minister or municipality, as the case may be, believes that the delay necessary to obtain the direction of a judge under subsection (2) is likely to cause irreparable or costly damage to heritage resources or human remains, leaving the notice or other document sought to be served with an adult at the last known address of the person or, where an adult cannot be found at that address, affixing the notice or document in a prominent place upon a building or fence or post or other suitable object at that address is a sufficient service for the purposes of subsection (1), but only such action as may be necessary to halt the damage may be taken pursuant to such a service and no further action may be taken unless and until a service is effected under subsection (1) or (2).

Informational and educational programs

60          For the purposes of this Act, the minister or a municipality may

(a) cause to be prepared and produced informational material respecting the heritage resources of the province or municipality and make the material available to the public by means of circulars or pamphlets or other printed material, radio, television or newspaper advertising, or public lectures;

(b) undertake or, by means of grants or other assistance, support and encourage the undertaking of educational programs or courses in the public schools, colleges and universities of the province, or educational programs for the public at large, respecting the heritage resources of the province or municipality;

(c) undertake or, by means of grants or other assistance, support and encourage the undertaking of programs of research into the heritage resources of the province or municipality;

(d) provide assistance, in the form of grants or professional and technical services or otherwise, to any group, society, organization, agency or institution within the province dedicated to the discovery, maintenance, restoration, preservation, protection and study of the heritage resources of the province or municipality, either for the purposes of their work in general or for the purposes of any specific project relating to the heritage resources of the province or the municipality.

Agreements with other jurisdictions

61          The minister, or a municipality, may enter into an agreement with any person, group, society, organization, agency, institution, museum, government or other body within the province or, with the approval of the Lieutenant Governor in Council, outside the province, respecting

(a) the co-ordination of programs;

(b) the dissemination of information to the public;

(c) public displays;

(d) research programs;

(e) programs of search and discovery, restoration and preservation;

(f) programs of reciprocal professional and technical assistance;

relating to the heritage resources of the province or municipality.

Receipt of gifts, etc.

62(1)       The minister, for and on behalf of the Crown, may receive, from any person or source, money by way of gift or bequest, and any real or personal property by way of gift, devise, bequest, loan, lease or otherwise, for the purposes of this Act, and shall use any money or property so received in such manner, subject to any directions, terms and conditions imposed by the donor, lender or lessor, as the minister deems best.

Consolidated Fund

62(2)       Any gift or bequest of money received under subsection (1) shall be paid into and held in trust in the Consolidated Fund.

Grants out of Consolidated Fund

62(3)       Subject to subsection (1), any grant made by the minister pursuant to a provision of this Act shall be made out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.

Grants payable by minister of Finance

62(4)       Any grant made by the minister under this Act shall be paid by the Minister of Finance on the requisition of the minister.

Exemption from liability

63          Neither the minister nor any municipality, nor any member of the council or of a municipal heritage committee, nor any inspector or other person employed or engaged in the administration or enforcement of this Act, is liable for any loss or damage suffered by any person as a result of any act or omission done or made in good faith and without negligence in the course of the administration or enforcement of this Act.

Zoning by-laws

64          This Act is subject to any subsisting municipal zoning by-laws or other subsisting zoning restrictions enacted or made pursuant to an Act of the Legislature.

Building codes

65          This Act is subject to the provisions of any building code established by or under an Act of the Legislature.

Crown bound

66          This Act is binding upon the Crown.

Regulations by minister

67          For the purpose of carrying out the provisions of this Act according to their intent, the minister may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the minister may make such regulations and orders, not inconsistent with any other provision of this Act,

(a) designating any site as a heritage site;

(b) amending or revoking any designation made under clause (a);

(c) excluding certain Crown land or municipal land or both, as described in the regulations, from the application of clause 44(1)(a);

(d) prescribing forms for use under this Act.

Regulations by L. G. in C.

68          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make such regulations and orders, not inconsistent with any other provision of this Act,

(a) prescribing fees that shall accompany any application for a permit under this Act;

(b) designating heritage objects for the purposes of Part IV.

Offence and penalty

69(1)       Any person who contravenes or fails to observe a provision of this Act or a regulation, order, by-law, direction or requirement made or imposed thereunder is guilty of an offence and liable, on summary conviction, where the person is an individual, to a fine of not more than $5,000. for each day that the offence continues and, where the person is a corporation, to a fine of not more than $50,000. for each day that the offence continues.

Cost of restoration

69(2)       A judge or justice convicting a person of an offence under subsection (1) may, where the offence committed resulted in damage to or the demolition or destruction of a heritage resource, order the person to pay, in addition to any penalty that may be imposed, the cost of the repair, restoration or reconstruction of the heritage resource.

Repeal

70          The following Acts and parts of Acts are repealed:

(a) The Historic Sites and Objects Act, being chapter H70 of the Revised Statutes.

(b) Section 11 of The Statute Law Amendment Act (1972), being chapter 81 of the Statutes of Manitoba, 1972.

(c) Section 24 of The Statute Law Amendment Act (1975), being chapter 42 of the Statutes of Manitoba, 1975.

Reference in Continuing Consolidation

71          This Act may be referred to as chapter H39.1 of the Continuing Consolidation of the Statutes of Manitoba.

Commencement of Act

72          This Act comes into force on a day fixed by proclamation.

NOTE:  S.M. 1985-86, c. 10 was proclaimed in force May 12, 1986.

 

 


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