The Nova Scotia Legislature

The House resumed on:
September 21, 2017.

Bill No. 118

Heritage Property Act (amended) *

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

Introduced by:
Honourable Tony Ince
Minister of Communities, Culture and Heritage

First Reading
Second Reading Debates
Second Reading Passed
Law Amendments Committee
    Meeting Date(s) November 30, 2015; December 2, 2015
    Reported to the House
Committee of the Whole House
Third Reading Debates
Third Reading
Royal Assent
Commencement Upon proclamation
2015 Statutes, Chapter 39

Explanatory Note

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.