BILL NO. 125

(as passed, with amendments)

2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010



Government Bill



Heritage Property Act
(amended)

CHAPTER 54 OF THE ACTS OF 2010



The Honourable Percy A. Paris
Minister of Tourism, Culture and Heritage



First Reading: December 1, 2010 (LINK TO BILL AS INTRODUCED)

Second Reading: December 9, 2010

Third Reading: December 10, 2010 (WITH COMMITTEE AMENDMENTS)

Royal Assent: December 10, 2010

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 2 of Chapter 199 of the Revised Statutes, 1989, the Heritage Property Act, as amended by Chapter 10 of the Acts of 1991, is further amended by

(a) adding ", public-building interiors" immediately after "buildings" in the third line;

(b) adding ", cultural landscapes" immediately after "streetscapes" in the third line;

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

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

2 Section 3 of Chapter 199, as amended by Chapter 10 of the Acts of 1991, is further amended by

(a) adding immediately after clause (ca) the following clause:

(b) relettering clause (da) as (daa) and adding immediately before that clause the following clause:

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

(d) adding immediately after clause (i) the following clauses:

(e) adding ", public-building interior" immediately after "building" in the second line of clause (g);

(f) adding ", cultural landscape" immediately after "streetscape" in the second line of clause (g);

(g) striking out "city" in the first line of clause (h) and substituting "regional municipality";

(h) adding ", public-building interior" immediately after "building" in the second line of clause (i);

(i) adding ", cultural landscape" immediately after "streetscape" in the second line of clause (i);

(j) striking out the period at the end of cause (j) and substituting a semicolon; and

(k) adding immediately after clause (j) the following clause:

3 Section 4 of Chapter 199 is amended by adding immediately after subsection (1) the following subsection:

4 Clause 5(a) of Chapter 199 is amended by

(a) adding ", public-building interiors" immediately after "buildings" in the first line; and

(b) adding ", cultural landscapes" immediately after "streetscapes" in the first line.

5 (1) Subsection 7(1) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the second line; and

(b) adding ", cultural landscape" immediately after "streetscape" in the second line.

(2) Section 7 is further amended by adding immediately after subsection (1) the following subsection:

(3) Subsection 7(2) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the third line; and

(b) adding ", cultural landscape" immediately after "streetscape" in the third line.

(4) Subsection 7(3) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the first line of clause (a);

(b) adding ", cultural landscape" immediately after "streetscape" in the first and second lines of clause (a);

(c) adding ", public-building interior" immediately after "building" in the third line of clause (d); and

(d) adding ", cultural landscape" immediately after "streetscape" in the third line of clause (d).

(5) Subsection 7(4) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the second and in the fourth lines; and

(b) adding ", cultural landscape" immediately after "streetscape" in the second and in the fourth lines.

(6) Subsection 7(5) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the third line; and

(b) adding ", cultural landscape" immediately after "streetscape" in the third line.

6 (1) Subsection 8(1) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the fourth line; and

(b) adding ", cultural landscape" immediately after "streetscape" in the fifth line.

(2) Subsection 8(2) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the third and in the last lines; and

(b) adding ", cultural landscape" immediately after "streetscape" in the third and in the last lines.

7 (1) Clause 9(2)(b) of Chapter 199 is amended by adding "as a result of the loss of the property's heritage value, as identified in the property's heritage file or notice of recommendation, unless the loss of the heritage value was caused by neglect, abandonment or other action or inaction of the owner" immediately after "inappropriate" in the last line.

(2) Clause 9(3)(b) of Chapter 199 is amended by adding "as a result of the loss of the property's heritage value, as identified in the property's heritage file or notice of recommendation, unless the loss of the heritage value was caused by neglect, abandonment or other action or inaction of the owner" immediately after "inappropriate" in the last two lines.

8 (1) Subsection 11(1) of Chapter 199 is amended by adding "or public-building interior" immediately after "exterior" in the second line.

(2) Subsection 11(2) of Chapter 199 is amended by adding "or public-building interior" immediately after "exterior" in the second line.

(3) Section 11 is further amended by adding immediately after subsection (3) the following subsection:

9 Clause 13(a) of Chapter 199 is amended by

(a) adding ", public-building interiors" immediately after "buildings" in the first line; and

(b) adding ", cultural landscapes" immediately after "streetscapes" in the first line.

10 (1) Subsection 14(1) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the second line; and

(b) adding ", cultural landscape" immediately after "streetscape" in the second line.

(2) Subsection 14(2) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the third and in the fifth lines; and

(b) adding ", cultural landscape" immediately after "streetscape" in the third and in the fifth lines.

(3) Subsection 14(3) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the first line of clause (a);

(b) adding ", cultural landscape" immediately after "streetscape" in the first and second lines of clause (a);

(c) adding ", public-building interior" immediately after "building" in the third line of clause (d); and

(d) adding ", cultural landscape" immediately after "streetscape" in the third line of clause (d).

(4) Subsection 14(4) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the second and in the fourth lines; and

(b) adding ", cultural landscape" immediately after "streetscape" in the second and in the fourth lines.

(5) Subsection 14(5) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the third line; and

(b) adding ", cultural landscape" immediately after "streetscape" in the third line.

11 (1) Subsection 15(1) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the fifth line; and

(b) adding ", cultural landscape" immediately after "streetscape" in the fifth line.

(2) Subsection 15(3) of Chapter 199 is amended by

(a) adding ", public-building interior" immediately after "building" in the second line; and

(b) adding ", cultural landscape" immediately after "streetscape" in the second line.

12 Clause 16(1)(b) of Chapter 199 is amended by adding "as a result of the loss of the property's heritage value, as identified in the property's heritage file or notice of recommendation, unless the loss of the heritage value was caused by neglect, abandonment or other action or inaction of the owner" immediately after "inappropriate" in the last line.

13 (1) Subsection 17(1) of Chapter 199 is amended by adding "or public-building interior" immediately after "exterior" in the second line.

(2) Subsection 17(2) of Chapter 199 is amended by adding "or public-building interior" immediately after "exterior" in the second line.

14 Section 18 of Chapter 199 is repealed and the following Section substituted:

15 (1) Section 19A(4) of Chapter 199, as enacted by Chapter 10 of the Acts of 1991, is amended by striking out "of Municipal Affairs" in the fourth line and substituting "responsible for the Municipal Government Act".

(2) Clause 19A(5)(d) of Chapter 199, as enacted by Chapter 10 of the Acts of 1991, is amended by striking out "Planning" in the last line and substituting "Municipal Government".

16 Subsection 20A(1) of Chapter 199, as enacted by Chapter 10 of the Acts of 1991, is amended by striking out "Municipal" in the fourth line and substituting "Utility and Review".

17 Subsection 25(2) of Chapter 199 is amended by striking out "one hundred" in the third line and substituting "two hundred and fifty".

18 Subsection 26(1) of Chapter 199, as amended by Chapter 10 of the Acts of 1991, is further amended by adding immediately after clause (aa) the following clauses:

19 Section 18 of Chapter 199, as enacted by this Act, applies to a municipal heritage property whether registered pursuant to Chapter 199 before or after, or whether an application pursuant to Section 17 of Chapter 188 has been made or not approved before or after, the coming into force of this Act.


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