Bill S-215

2nd Session, 39th Parliament,

56 Elizabeth II, 2007

senate of canada

BILL S-215

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 following definitions apply in this Act.

“advisory committee” means the advisory committee established by the Minister under section 9.

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

“established criteria” means the criteria established by the Minister under paragraph 15(a).

“heritage lighthouse” means a lighthouse designated as a heritage lighthouse under this Act, and includes any related built 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 an aid to navigation.

“Minister” means the Minister responsible for the Parks Canada Agency.

“related built structure”, in relation to a lighthouse, means any built structure on the site on which the lighthouse is situated that contributes to the heritage character of the lighthouse.

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 that are the property of Her Majesty in right of Canada.

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

DESIGNATION OF HERITAGE LIGHTHOUSES

6. (1) The Minister may, at any time, taking into account the established criteria, designate a lighthouse to be a heritage lighthouse for the purposes of this Act.

(2) The designation of a lighthouse may include any related built structure that the Minister considers should be included in the designation, taking into account the established criteria.

7. (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 established criteria,

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

(b) determine which of them should be designated as heritage lighthouses and whether any related built structures should be included in the designations, and make the appropriate designations.

8. Within 90 days after the expiration of the five-year period referred to in subsection 7(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 it has been designated as a heritage lighthouse.

9. The Minister must establish an advisory committee to advise and assist the Minister on matters relating to heritage lighthouses, including the designation and protection of heritage lighthouses and the establishment of criteria for their designation, alteration and maintenance.

10. The Minister must consult with the advisory committee, and may consult with any other persons or bodies that the Minister considers appropriate, before determining whether a lighthouse should be designated as a heritage lighthouse and whether any related built structure should be included in the designation.

PROTECTION OF HERITAGE LIGHTHOUSES

11. (1) A heritage lighthouse, or any part of it, may only be altered in accordance with the criteria and procedures established under paragraph 15(b).

(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 of the heritage lighthouse.

12. (1) A heritage lighthouse, or any part of it, may only be transferred to Her Majesty in right of a province or sold if a notice is published at least 90 days before the transfer or sale in one or more newspapers of general circulation in the area in which the lighthouse is situated.

(2) A heritage lighthouse, or any part of it, may only be sold if a public meeting is held on the matter in the area in which the lighthouse is situated, unless the sale is to a municipality.

(3) Any transaction effecting a transfer to Her Majesty in right of a province or a sale shall provide for the protection of the heritage character of the heritage lighthouse by any means that the Minister may authorize.

13. (1) A heritage lighthouse, or any part of it, may only be demolished if there is no reasonable alternative and if a notice is published at least 90 days before the demolition in one or more newspapers of general circulation in the area in which the lighthouse is situated.

(2) Subsection (1) does not apply in respect of the demolition of a heritage lighthouse in response to any emergency situation or an urgent operational requirement.

MAINTENANCE OF HERITAGE LIGHTHOUSES

14. The owner of a heritage lighthouse shall maintain it in accordance with the criteria established under paragraph 15(c).

GENERAL

15. The Minister must

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

(b) establish criteria and procedures respecting the alteration of heritage lighthouses that are in keeping with national and international standards for the conservation of heritage properties;

(c) establish criteria for the maintenance of heritage lighthouses that are in keeping with national and international standards for the conservation of heritage properties; and

(d) include in the criteria and procedures established under paragraph (b) requirements that all interested persons be given a reasonable opportunity to make representations concerning any proposed alteration of a heritage lighthouse or any part of it, and that a public meeting be held concerning the proposed alteration.

16. This Act comes into force on the day that is two years after the day on which it receives royal assent, or on an earlier day fixed by order of the Governor in Council.