Bill S-5

3rd Session, 37th Parliament,

52 Elizabeth II, 2004

senate of canada

BILL S-5

An Act to protect heritage lighthouses

WHEREAS lighthouses have long graced Canada’s rugged coastlines and majestic shores, providing and symbolizing direction, hope and safe harbour to generations of mariners;

AND WHEREAS lighthouses form an integral part of Canada’s identity, culture and heritage, and are of historic and aesthetic interest and significance to our communities and our nation;

AND WHEREAS the Parliament of Canada recognizes that measures must be taken to preserve and protect our heritage lighthouses;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Heritage Lighthouse Protection Act.

INTERPRETATION

2. The definitions in this section apply in this Act.

“alter” includes to restore or renovate, but does not include to perform routine maintenance and repairs.

“Board” means the Historic Sites and Monuments Board of Canada established by section 4 of the Historic Sites and Monuments Act.

“heritage lighthouse” means a lighthouse designated as a heritage lighthouse under section 6, and includes any related site or structure that is included in the designation.

“lighthouse” means a tower or other structure, including its fixtures, that was built to contain, contains, or once contained a beacon light or other signal to warn or guide marine vessels, whether or not it is now in use as a navigational aid.

“Minister” means the Minister of Canadian Heritage.

“prescribed” means prescribed by regulation.

“related site or structure”, in relation to a lighthouse, means the site on which the lighthouse is situated or any other structure, work or related fixture on the site.

PURPOSE AND APPLICATION

3. The purpose of this Act is to preserve and protect heritage lighthouses by

(a) providing for the selection and designation of heritage lighthouses;

(b) preventing the unauthorized alteration or disposition of heritage lighthouses; and

(c) requiring that heritage lighthouses be reasonably maintained.

4. This Act applies to lighthouses within the legislative authority of the Parliament of Canada.

5. This Act is binding on Her Majesty in right of Canada.

DESIGNATION OF HERITAGE LIGHTHOUSES

6. (1) The Governor in Council may, by order, on recommendation of the Minister, designate a lighthouse to be a heritage lighthouse for the purposes of this Act.

(2) The designation of a lighthouse may include any related site or structure.

7. The Minister may, at any time, taking into account the prescribed criteria,

(a) consider whether a lighthouse should be designated as a heritage lighthouse and whether any related site or structure should be included in the designation; and

(b) make a recommendation to the Governor in Council respecting any designation that the Minister considers should be made.

8. (1) In this section, “petition” means a petition that a specified lighthouse be designated as a heritage lighthouse that is

(a) signed by at least 25 persons who are resident in Canada and are 18 years of age or older, and whose names and addresses appear in printed form on the petition; and

(b) received by the Minister within two years after the coming into force of this Act.

(2) Within five years after the coming into force of this Act, the Minister must, taking into account the prescribed criteria,

(a) consider all lighthouses in respect of which the Minister receives a petition;

(b) determine which of them should be designated as heritage lighthouses and whether any related sites or structures should be included in the designations; and

(c) make recommendations to the Governor in Council respecting the designations that the Minister considers should be made.

9. Within 90 days after the expiration of the five-year period referred to in subsection 8(2), the Minister must publish, in the Canada Gazette, a list of all lighthouses that the Minister has considered for designation as heritage lighthouses under this Act, indicating, for each lighthouse, whether or not the Minister recommended that it be designated as a heritage lighthouse.

10. (1) If requested to do so by the Minister, the Board must consider whether a lighthouse, including any related site or structure, should be designated as a heritage lighthouse, taking into account the prescribed criteria, and advise the Minister of its conclusion.

(2) Before reaching a conclusion under subsection (1), the Board

(a) must give all interested persons a reasonable opportunity to make representations concerning the designation; and

(b) may sponsor a public meeting on the matter, attended by at least one member of the Board who presides over the meeting.

(3) If the Board sponsors a public meeting, it must publish a notice of the meeting in one or more newspapers of general circulation in the municipality in which the lighthouse is situated, in accordance with the regulations.

PROTECTION OF HERITAGE LIGHTHOUSES

11. (1) No person shall remove, alter, destroy, sell, assign, transfer or otherwise dispose of a heritage lighthouse or any part of it, unless authorization to do so has been given by the Minister under this Act.

(2) Subsection (1) does not apply in respect of an alteration made to a heritage lighthouse

(a) in response to an emergency situation or an urgent operational requirement; or

(b) for operational reasons, if the alteration does not affect the heritage character or appearance of the heritage lighthouse.

(3) The authorization referred to in subsection (1) is in addition to, and not in substitution for, any other authorization or approval required by law.

12. (1) A person may apply to the Minister for authorization to remove, alter, destroy, sell, assign, transfer or otherwise dispose of a heritage lighthouse or part of a heritage lighthouse.

(2) An applicant under subsection (1) must

(a) file the application for authorization with the Minister, in the prescribed form and manner; and

(b) give public notice of the application, in the prescribed manner.

13. (1) A person who objects to an application for authorization filed under section 12 may serve a notice of objection on the Minister.

(2) The notice of objection must be served within the prescribed time and in the prescribed form and manner, and must set out the reasons for the objection and the relevant facts on which the person relies.

(3) If the Minister is satisfied that the notice of objection complies with subsection (2), the Minister must refer the matter to the Board, in writing, within the prescribed time.

(4) On making a referral to the Board under subsection (3), the Minister must forward a copy of the notice of objection and a copy of the referral to the person who applied for the authorization.

14. (1) If no notice of objection to the application for authorization is served in accordance with subsections 13(1) and (2), the Minister may

(a) by order, authorize the removal, alteration, destruction, sale, assignment, transfer or other disposition of the heritage lighthouse or any part of it, on such terms and conditions as the Minister considers appropriate;

(b) refer the matter to the Board, in writing, for advice respecting the application; or

(c) refuse the application, with reasons.

(2) If the Minister refers the matter to the Board under subsection (1), the Minister must forward a copy of the referral to the person who applied for the authorization.

15. (1) If the Board receives a referral from the Minister under subsection 13(3) or 14(1), the Board must consider the matter and make a recommendation to the Minister as to whether the application for authorization should be granted, refused, or granted conditionally or in a modified form.

(2) Before making a recommendation under subsection (1), the Board

(a) must give all interested persons a reasonable opportunity to make representations concerning the application; and

(b) may sponsor a public meeting on the matter, attended by at least one member of the Board who presides over the meeting.

(3) If the Board sponsors a public meeting, it must publish a notice of the meeting in one or more newspapers of general circulation in the municipality in which the heritage lighthouse is situated, in accordance with the regulations.

16. (1) Within six months after receiving a referral under subsection 13(3) or 14(1), the Board must submit a report to the Minister setting out its recommendation, together with its findings of fact and a recital of the considerations on which its recommendation is based.

(2) After receiving the Board’s report, the Minister may

(a) by order, authorize the removal, alteration, destruction, sale, assignment, transfer or other disposition of the heritage lighthouse or any part of it, on such terms and conditions as the Minister considers appropriate; or

(b) refuse the application for authorization, with reasons.

MAINTENANCE OF HERITAGE LIGHTHOUSES

17. The owner of a heritage lighthouse shall maintain it in a reasonable state of repair and in a manner that is in keeping with its heritage character.

GENERAL

18. The Governor in Council may make regulations

(a) prescribing criteria to be taken into account in considering whether a lighthouse should be designated as a heritage lighthouse and whether any related site or structure should be included in the designation;

(b) respecting the publication of notices of public meetings;

(c) prescribing the form and manner of filing applications for authorization;

(d) prescribing the manner of giving public notice of applications for authorization;

(e) prescribing the form and manner of serving notices of objection;

(f) prescribing time limits for serving notices of objection and for referring matters to the Board; and

(g) generally, for carrying out the purposes and provisions of the Act.

RELATED AMENDMENT

Department of Canadian Heritage Act

19. Paragraph 4(2)(e) of the Department of Canadian Heritage Act is replaced by the following:

(e) national parks, national historic sites, historic canals, national battlefields, national marine conservation areas, heritage lighthouses, heritage railway stations and federal heritage buildings;

COMING INTO FORCE

20. This Act shall come into force on the day that is two years after the day it is assented to, or on an earlier day fixed by order of the Governor in Council.