Bill S-21

2nd Session, 36th Parliament,

48-49 Elizabeth II, 1999-2000

senate of canada

BILL S-21

An Act to protect heritage lighthouses

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

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

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

“alter” means to change in any manner, and includes to restore or renovate, but does not include 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 any lighthouse, together with all buildings and other works belonging thereto and in connection therewith, designated by the Minister on the recommendation of the Board as a heritage lighthouse.

“Minister” means the Minister of Canadian Heritage.

“prescribed” means prescribed by regulation of the Governor in Council.

3. The purpose of this Act is to facilitate the designation and preservation of heritage lighthouses as part of Canada’s culture and history and to protect them from being altered or disposed of without public consultation.

4. This Act applies to all lighthouses within the legislative authority of the Parliament of Canada, whether or not they are used as navigational aids.

5. The Minister may, on the recommendation of the Board, designate, for the purposes of this Act, lighthouses as heritage lighthouses.

6. (1) No heritage lighthouse shall be removed, destroyed, altered, sold, assigned, transferred or otherwise disposed of, unless authorized by the Governor in Council.

(2) Subsection (1) does not apply in respect of the alteration of a heritage lighthouse where the alteration is made in response to an emergency.

7. Where it is intended to remove, destroy, alter, sell, assign, transfer or otherwise dispose of a heritage lighthouse, an application for authorization to do so shall be filed with the Minister, in accordance with the regulations, after public notice is given in the prescribed manner of the intention to file the application.

8. (1) A person who objects to an application for authorization filed pursuant to section 7 may, within sixty days after the application is filed, serve on the Minister a notice of objection in the form established by the Minister setting out the reason for the objection and any relevant facts.

(2) Where a notice of objection is served in accordance with subsection (1), the Minister may, within sixty days after the notice is served, refer the matter to the Board.

(3) Pursuant to a reference by the Minister under subsection (2), the Board shall give all interested persons a reasonable opportunity to make representations to it and may hold a public meeting to determine whether the Board should advise the Minister to recommend to the Governor in Council that the application for authorization filed pursuant to section 7 be granted.

(4) Notice of any public meeting held under subsection (3) shall be published at least ten days prior to its date in at least one newspaper of general circulation in the municipality in which the heritage lighthouse is situated.

(5) For the purposes of a reference under subsection (2), one member of the Board constitutes a quorum.

(6) After the conclusion of the Board’s consideration of an application and in any event within six months after the application is filed, the Board shall submit to the Minister a report setting out its findings of fact and its recommendations as well as any information or knowledge that entered into the formulation of its recommendations.

(7) After the receipt of the report referred to in subsection (6), the Minister may recommend that the Governor in Council grant the application for authorization.

9. (1) The Governor in Council may, on the recommendation of the Minister and on such terms and conditions as the Governor in Council considers appropriate, authorize the removal, destruction, alteration, sale, assignment, transfer or other disposal of a heritage lighthouse.

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

10. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and, without restricting the generality of the foregoing, may make regulations prescribing anything that by virtue of this Act may be prescribed by regulation.

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

12. This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.