Bill C-528

1st Session, 41st Parliament,

60-61-62 Elizabeth II, 2011-2012-2013

house of commons of canada

BILL C-528

An Act to provide funding for the conservation of national historic sites

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 Conservation of National Historic Sites Act.

DEFINITIONS

2. The following definitions apply in this Act.

“conservation” means, in respect of a site, all actions or processes that are designed to safeguard the character-defining elements of the site so as to retain its heritage value and extend its physical life, including

(a) preservation, designed to protect, maintain or stabilize existing materials and the form and integrity of the site or of a component of the site;

(b) rehabilitation, designed to make possible a contemporary use of the site or of a component of the site; and

(c) restoration, designed to accurately reveal, recover or represent the state of the site, or of a component of the site, as it appeared at a particular period in its history.

“Her Majesty” means Her Majesty in right of Canada.

“interest-bearing vehicle” means any financial instrument that earns interest, such as a bond, certificate of deposit or money market fund.

“maximum reconstruction cost” means the total cost of rebuilding a site if it were completely destroyed.

“Minister” means the Minister of Canadian Heritage and Official Languages.

“registered charity” means a registered charity as defined in subsection 248(1) of the Income Tax Act.

“site” means a place designated under subsection 2(2) of the Parks Canada Agency Act or a national historic site of Canada to which the Canada National Parks Act applies.

PART 1

SITES OPERATED BY A REGISTERED CHARITY

3. This Part applies in respect of a donation made to a registered charity that operates a site if the donor, at the time of making the donation, informs the registered charity in writing that the donation is to be used for the conservation of that site.

4. (1) The proceeds of any donation received under section 3 must be invested in an interest-bearing vehicle.

(2) Any interest income produced by the vehicle referred to in subsection (1) must be deposited in a separate interest-bearing account with a chartered bank in Canada to which the Bank Act applies or a trust company in Canada to which the Trust and Loan Companies Act applies.

(3) The registered charity may only make withdrawals from the account referred to in subsection (2) for the purpose of funding the conservation of the site.

(4) As soon as the total donations received in respect of a site equals or exceeds the maximum reconstruction cost of the site, the registered charity that operates the site must, before accepting a new donation, advise any prospective donor that their donation will not be used in the conservation of that site but will be redirected for use in the conservation of another site.

5. (1) Within one year after this Act comes into force, every registered charity that operates a site must determine the maximum reconstruction cost of the site and may redetermine that cost from time to time as considered necessary by its board of directors.

(2) The determination and redetermination of the maximum reconstruction cost under subsection (1) must be carried out

(a) in accordance with the directions of the board of directors of the registered charity; and

(b) in a manner similar to a determination made by the Parks Canada Agency under section 9.

6. (1) Every registered charity that operates a site is responsible for accounting for all donations made to the registered charity in respect of the site, all investments made with the proceeds of those donations, all interest income produced by those investments and the use of the proceeds derived from that income.

(2) Every registered charity that operates a site must, before March 1 in each year, report to the Minister on the matters referred to in subsection (1) that occurred in respect of that site in the previous calendar year.

(3) Within 10 days after receiving the report referred to in subsection (2), the Minister must publish it on the departmental website.

PART 2

SITES OPERATED BY GOVERNMENT

7. This Part applies in respect of a donation made to Her Majesty in respect of a site that is operated by a department or agency of the Government of Canada if the donor, at the time of making the donation, informs Her Majesty in writing that the donation is to be used for the conservation of that site.

8. (1) The proceeds of any donation received under section 7 must be invested in an interest-bearing vehicle.

(2) Any interest income produced by the vehicle referred to in subsection (1) must be deposited in a separate interest-bearing account with a chartered bank in Canada to which the Bank Act applies or a trust company in Canada to which the Trust and Loan Companies Act applies.

(3) A department or agency that operates a site may only make withdrawals from the account referred to in subsection (2) for the purpose of funding the conservation of that site.

(4) As soon as the total of donations received in respect of a site equals or exceeds the maximum reconstruction cost of the site, Her Majesty must, before accepting a new donation, advise any prospective donor that their donation will not be used in the conservation of that site but will be redirected for use in the conservation of another site.

9. (1) Within five years after this Act comes into force, the Parks Canada Agency must determine the maximum reconstruction cost for every site operated by a department or agency, which cost is to be redetermined by the Agency from time to time upon the written request of the department or agency.

(2) The Parks Canada Agency must, on request, make available to any person a detailed outline of the procedure it follows in making a determination under subsection (1).

10. (1) Every department or agency that operates a site is responsible for accounting for all donations made in respect of the site, all investments made with the proceeds of those donations, all interest income produced by those investments and the use of the proceeds derived from that income.

(2) Every minister of the Crown who is responsible for a department or agency that operates a site must, before March 1 in each year, report to the Minister on the matters referred to in subsection (1) that occurred in respect of that site in the previous calendar year.

(3) Within 10 days after receiving the report referred to in subsection (2), the Minister must publish it on the departmental website.

REGULATIONS

11. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act.