ENGLISH
• SUMMARY
SUMMARY
• TABLE OF PROVISIONS
TABLE OF PROVISIONS
• Short Title
Short Title
• Definitions
Definitions
• Her Majesty
Her Majesty
• Designation of Minister
Designation of Minister
• Powers, Duties and Functions of the Minister
Powers, Duties and Functions of the Minister
• Historic Sites and Monuments Board of Canada
Historic Sites and Monuments Board of Canada
• Designation of Places, Persons and Events
Designation of Places, Persons and Events
• Public Register
Public Register
• Protection and Conservation of the Heritage Value of Federal Historic Places
Protection and Conservation of the Heritage Value of Federal Historic Places
• Navigation in Historic Canals
Navigation in Historic Canals
• Regulations
Regulations
• Amending the Schedules
Amending the Schedules
• Enforcement
Enforcement
• Offences and Punishment
Offences and Punishment
• Transitional Provisions
Transitional Provisions
• Related and Consequential Amendments
Related and Consequential Amendments
• Payments in Lieu of Taxes Act
Payments in Lieu of Taxes Act
• Canadian Navigable Waters Act
Canadian Navigable Waters Act
• Department of Transport Act
Department of Transport Act
• Heritage Railway Stations Protection Act
Heritage Railway Stations Protection Act
• Parks Canada Agency Act
Parks Canada Agency Act
• Canada National Parks Act
Canada National Parks Act
• Yukon Act
Yukon Act
• Heritage Lighthouse Protection Act
Heritage Lighthouse Protection Act
• National Cemetery of Canada Act
National Cemetery of Canada Act
• Nunavut Planning and Project Assessment Act
Nunavut Planning and Project Assessment Act
• Northwest Territories Act
Northwest Territories Act
• Rouge National Urban Park Act
Rouge National Urban Park Act
• Recognition of Charlottetown as the Birthplace of Confederation Act
Recognition of Charlottetown as the Birthplace of Confederation Act
• Repeal
Repeal
• Coming into Force
Coming into Force
• SCHEDULE 1 Other Federal Institutions
SCHEDULE 1 Other Federal Institutions
• SCHEDULE 2 Historic Canals
SCHEDULE 2 Historic Canals
• EXPLANATORY NOTES
EXPLANATORY NOTES

SUMMARY

Short Title

Short title

1 This Act may be cited as the Historic Places of Canada Act.

Definitions

Definitions

2 The following definitions apply in this Act.

Agency means the Parks Canada Agency established by section 3 of the Parks Canada Agency Act.‍ (Agence)

Board means the Historic Sites and Monuments Board of Canada continued under subsection 8(1).‍ (Commission)

enforcement officer means any person designated under subsection 38(1).‍ (agent de l’autorité)

federal authority means

• (a) in the case of a department as defined in section 2 of the Financial Administration Act, the appropriate Minister as defined in that section; and

• (b) in the case of a Crown corporation named in Schedule 1, that Crown corporation.‍ (autorité fédérale)

federal historic place means a historic place, or part of a historic place, that is under the administration of a federal authority and, except in the case of a historic canal, is located on federal lands.‍ (lieu historique fédéral)

federal historic place administered by the Agency means a federal historic place under the administration of the federal minister responsible for the Agency for the purposes of the Agency.‍ (lieu historique fédéral dont l’Agence a la gestion)

federal institution means

• (a) a department as defined in section 2 of the Financial Administration Act; or

• (b) a Crown corporation named in Schedule 1. (institution fédérale)

federal lands means lands in Canada that belong to Her Majesty in right of Canada, alone or with others. It does not include

• (a) reserves, as defined in subsection 2(1) of the Indian Act;

• (b) surrendered lands, as defined in subsection 2(1) of that Act;

• (c) any other lands that are set apart for the use and benefit of a band, as defined in subsection 2(1) of that Act, and that are subject to that Act; and

• (d) lands in which Her Majesty in right of Canada holds an easement, servitude, lease or other lesser interests or rights than ownership. (terres fédérales)

historic canal means a canal that is named in column 1 of Schedule 2, and includes the lakes, rivers and other waters that are appertaining or incidental to the canal and the works and lands that belong to Her Majesty in right of Canada that are appertaining or incidental to the canal.‍ (canal historique)

historic place means a place designated as a historic place of Canada under subsection 24(1).‍ (lieu historique)

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.‍ (corps dirigeant autochtone)

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 (peuples autochtones du Canada)

Minister means the federal minister responsible for the Agency or, if another federal minister is designated under section 4, that minister.‍ (ministre)

park warden means a person designated under subsection 37(1).‍ (garde de parc)

superintendent means a person appointed under subsection 13(1) of the Parks Canada Agency Act who holds the office of superintendent of a federal historic place administered by the Agency, and includes any other person appointed under that Act who is authorized by the superintendent to act on their behalf.‍ (directeur)

Her Majesty

Binding on Her Majesty

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

Designation of Minister

Minister

4 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.

Powers, Duties and Functions of the Minister

Responsibilities

5 (1) The Minister is responsible for

• (a) the designation of places, persons and events of national historic significance or national interest; and

• (b) fostering the protection and conservation of the heritage value of federal historic places.

Powers

(2) The Minister may

• (a) recognize the national historic significance or national interest of places, persons and events designated under subsection 24(1) by any means, including by plaques;

• (b) establish and implement programs, policies and guidance to foster the protection and conservation of the heritage value of historic places;

• (c) undertake scientific and technical studies and research related to historic places and counteracting the dangers that threaten them; and

• (d) establish and implement programs, policies and guidance related to the protection and conservation of archaeological resources on federal lands under the administration of a federal authority.

World Heritage Convention

6 For the purposes of implementing the Convention Concerning the Protection of the World Cultural and Natural Heritage, done in Paris on November 23, 1972, the Minister is responsible for

• (a) supporting the Government of Canada’s efforts related to the identification, protection, conservation and presentation of world cultural and natural heritage; and

• (b) coordinating Canada’s activities related to the World Heritage Committee established under Article 8 of that Convention, including by providing for the representation of Canada on that committee and nominating Canadian sites for inscription on the World Heritage List established under Article 11 of that Convention.

Commemoration program

7 The Minister must establish a program for the commemoration of deceased prime ministers of Canada at their grave sites or at places in Canada the Minister considers appropriate.

Historic Sites and Monuments Board of Canada

Board continued

8 (1) The Historic Sites and Monuments Board of Canada established under subsection 4(1) of the Historic Sites and Monuments Act, chapter H-4 of the Revised Statutes of Canada, 1985, is continued.

Composition

(2) The Board consists of the following members:

• (a) one representative, appointed by the Governor in Council, for each province and territory;

• (b) one representative, appointed by the Governor in Council, for each of the following:

  • (i) First Nations,

  • (ii) Inuit, and

  • (iii) Métis;

• (c) two officers, designated by the Minister, from federal institutions who have expertise in a field relevant to the activities of the Board;

• (d) one officer of the Agency, designated by the Minister; and

• (e) one Chair, appointed by the Governor in Council.

Representatives for provinces and territories

9 (1) A representative for a province or a territory must reside in that province or territory.

Representatives for First Nations, Inuit and Métis

(2) The representatives appointed under paragraph 8(2)‍(b) are to be appointed on the recommendation of the Minister made after the Minister has consulted with a variety of Indigenous governing bodies and a variety of entities that represent the interests of Indigenous groups and their members.

Tenure of office

10 (1) A member appointed by the Governor in Council holds office during pleasure for a term fixed by the Governor in Council of up to five years, but they continue to hold office until their successor is appointed.

Reappointment

(2) A member may be reappointed.

Vice-chair

11 (1) The Governor in Council must designate one of the members of the Board as its Vice-chair.

Absence or incapacity of Chair

(2) In the event of the absence or incapacity of the Chair or if the office of Chair is vacant, the Vice-chair is to act as Chair.

Secretary

12 The officer of the Agency who is a member of the Board is the Secretary of the Board unless another employee is designated by the Chief Executive Officer of the Agency to act as the Secretary.

Meetings

13 (1) The Board must, at least twice in every calendar year, meet at the times and places determined by the Secretary in consultation with the Chair.

Other meetings

(2) The Board must hold any other meetings that the Minister may require at the times and places determined by the Minister.

Quorum

(3) Eight members of the Board constitute a quorum.

Staff and other assistance

14 The Minister may provide the Board with any employees from the Agency and any other assistance necessary for the proper conduct of the business of the Board.

Powers, duties and functions of Board

15 The Board has the following powers, duties and functions:

• (a) make recommendations to the Minister respecting the designation of places, persons and events of national historic significance or of national interest in accordance with the provisions of this Act;

• (b) make recommendations to the Minister respecting the means of recognizing the national historic significance or national interest of those places, persons and events; and

• (c) advise the Minister, on request, in exercising the Minister’s powers and performing the Minister’s duties and functions under this Act.

Remuneration and expenses — appointed members

16 (1) Each member of the Board appointed by the Governor in Council is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties under this Act.

Other members

(2) Each member of the Board not appointed by the Governor in Council is entitled to be paid reasonable travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties under this Act.

Annual report

17 (1) As soon as practicable at the beginning of each calendar year, the Board must submit to the Minister a report of its activities for the previous calendar year in the form specified by the Minister and make public that report.

Other reports

(2) The Board must submit to the Minister any other statements or reports respecting its activities that the Minister may require within the time and in the form specified by the Minister.

Designation of Places, Persons and Events

Condition for designation

18 A place, person or event may be designated as a historic place of Canada, person of historic significance or historic event, respectively, if the place, person or event is of national historic significance or national interest.

Request for designation

19 Any person or entity may submit a request in writing to the Minister for the designation of a place, person or event.

Requirement for federal authorities

20 A federal authority must submit a request in writing to the Minister for the designation, as a historic place, of each building that belongs to Her Majesty in right of Canada and is under the administration of that federal authority within one year after the 50th anniversary of the day of the completion of the building’s construction or the day on which the building comes under the administration of the federal authority, whichever is later.

Copy of requests to Board

21 The Minister must provide the Board with a copy of each request submitted under section 19 or 20.

Criteria

22 The Minister must establish criteria respecting the designation of places, persons and events.

Recommendation by Board

23 (1) For each request provided to it under section 21, the Board must make a recommendation to the Minister respecting the designation of the place, person or event that is the subject of the request based on the criteria established by the Minister.

Sources of information

(2) When applying those criteria, the Board must take into account the best available information in relation to the national historic significance or national interest of the place, person or event, including information from the following sources:

• (a) Indigenous knowledge of the Indigenous peoples of Canada;

• (b) community knowledge; and

• (c) scientific and academic knowledge.

Timing

(3) The Board must provide the Minister with its recommendation respecting the designation of the place, person or event within 90 days of the day of the meeting at which the Board determines its recommendation.

Designation by Minister

24 (1) The Minister may, after receiving a recommendation from the Board, designate a place, person or event as a historic place of Canada, person of historic significance or historic event, respectively, if the Minister is of the opinion that the condition referred to in section 18 is met.

Decision in timely manner

(2) The Minister must make a decision respecting the designation in a timely manner after receiving a recommendation from the Board.

Name and reasons

(3) For each designation, the Minister must specify the name of the historic place, person of historic significance or historic event and the reasons for its designation.

Public notice

25 The Minister must notify the public of all new designations in a manner that the Minister considers appropriate.

Conditions for revocation

26 The Minister may not revoke a designation of a place, person or event unless the Minister

• (a) has received a recommendation from the Board respecting its revocation; and

• (b) is of the opinion that the place, person or event no longer meets the condition referred to in section 18.

Condition for modifying names or reasons

27 The Minister may not modify the name or reasons specified under subsection 24(3) unless the Minister has received a recommendation from the Board respecting their modification.

Public Register

Establishment

28 (1) The Minister must establish and maintain a public register of historic places, persons of historic significance and historic events designated under subsection 24(1).

Contents

(2) The register must include the following:

• (a) the name of each historic place, person of historic significance and historic event;

• (b) the reasons for designation;

• (c) the description of the heritage value of each historic place;

• (d) information about the condition of each federal historic place;

• (e) for each federal historic place, information about any planned action that may result in a physical change to the place that may affect its heritage value; and

• (f) where applicable, an indication that a historic place is a federal historic place administered by the Agency.

Federal historic places administered by Agency

(3) For greater certainty, the register may include information about the boundaries of each federal historic place administered by the Agency.

Places other than historic places

(4) The register may include information about places other than historic places, including, at the request of an Indigenous governing body, about any place identified by that body as being a place of heritage value or significance.

Obligations of federal authorities

29 A federal authority must provide the Minister, in the time, form and manner specified by the Minister, with the information referred to in paragraphs 28(2)‍(d) and (e) for each federal historic place under the administration of that federal authority.

Non-disclosure of information

30 Despite subsection 28(2), the Minister may exclude or remove information from the register if the disclosure of that information

• (a) could cause damage to the heritage value of a historic place or interfere with the protection or conservation of the heritage value of a historic place;

• (b) could cause damage to or interfere with the spiritual character of a place, including a place of burial, within a historic place; or

• (c) would breach an agreement entered into by the Government of Canada.

Protection and Conservation of the Heritage Value of Federal Historic Places

Standards and Guidelines

31 (1) A federal authority must ensure that the Standards and Guidelines for the Conservation of Historic Places in Canada, published by the Agency, as amended from time to time, is taken into account before an action is carried out that may result in a physical change to a federal historic place under its administration that may affect the heritage value of the place.

Consultation with Agency — action carried out

(2) The federal authority must consult with the Agency before that action is carried out, except in the circumstances specified by the Minister.

Consultation with Agency — disposition

32 (1) A federal authority must consult with the Agency before the disposition, including by a transfer of administration or a transfer of administration and control, of a federal historic place under the administration of that federal authority.

Notification

(2) The federal authority must notify the Agency when that disposition is complete.

Navigation in Historic Canals

Restriction of navigation

33 The Minister may restrict or prohibit the navigation, anchoring or mooring of vessels in historic canals, including for the purposes of

• (a) managing water levels;

• (b) keeping navigation channels open; and

• (c) conducting repair and maintenance work.

Regulations

Regulations

34 (1) The Governor in Council may make regulations respecting federal historic places administered by the Agency, except those located in the Saguenay-St. Lawrence Marine Park established by section 5 of the Saguenay-St. Lawrence Marine Park Act, a park or park reserve, as defined in subsection 2(1) of the Canada National Parks Act, a marine conservation area or reserve, as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act, or the Rouge National Urban Park established by section 4 of the Rouge National Urban Park Act, including regulations respecting

• (a) the administration of those places;

• (b) the protection of cultural, historical and archaeological resources, flora, soil, waters, fossils, natural features and air quality;

• (c) the protection of fauna, the taking of specimens of fauna for scientific or propagation purposes and the destruction or removal of dangerous or superabundant fauna;

• (d) fishing, including its management;

• (e) the prevention and remedying of any obstruction or pollution of waterways in those places;

• (f) the restriction or prohibition of activities and the control of the use of the resources and facilities in those places;

• (g) the establishment, operation, maintenance, administration and use of cemeteries, including the designation, granting and maintenance of plots in cemeteries;

• (h) the treatment of cremated human remains;

• (i) the establishment, maintenance, administration, dredging, filling and use of roads, streets, highways, parking areas, sidewalks, streetworks, trails, wharves, docks, bridges, waterways and other improvements, and the circumstances under which they must be open or may be closed to the public;

• (j) the control of traffic on roads, streets, highways and waterways and elsewhere in those places, including the regulation of the speed and operation of vehicles and vessels, draught, wintering and mooring of vessels and parking of vehicles;

• (k) the control of the location, standards, design, materials, construction, maintenance, improvement, removal and demolition of buildings, facilities, signs and other structures and the establishment of zones governing uses of land and buildings;

• (l) the control of businesses, trades, occupations, amusements, sports and other activities or undertakings and the locations where those activities and undertakings may be carried on;

• (m) the preservation of public health and the prevention of disease;

• (n) public safety, including the control of firearms;

• (o) the control of domestic animals, including the impounding or destruction of those animals found at large;

• (p) the acquisition or disposition of prehistoric and historic objects and reproductions of them and the sale of souvenirs, consumer articles and publications related to those objects and reproductions;

• (q) the control of access to those places by air; and

• (r) the summary removal from one of those places, by park wardens or enforcement officers, of persons found contravening specified provisions of the regulations or the Criminal Code, and the exclusion from that place for prescribed periods of those persons or persons convicted of offences under those provisions.

Lands appertaining to federal historic places

(2) Regulations made under this section may apply to any federal lands under the administration of the federal minister responsible for the Agency for the purposes of the Agency that are appertaining or incidental to a federal historic place administered by the Agency.

Powers of superintendents

(3) Regulations made under this section may authorize the superintendent of a federal historic place administered by the Agency, in the circumstances and subject to the limits that may be specified in the regulations,

• (a) to vary any requirement of the regulations for purposes of public safety or the protection and conservation of cultural, historical and archaeological resources in that place;

• (b) to issue, amend, suspend and revoke permits, licences and other authorizations in relation to any matter that is the subject of regulations and to set their terms and conditions;

• (c) to order the taking of any action to counter any threat to public health or to remedy the consequences of any breach of the regulations in that place; and

• (d) to restrict or prohibit the navigation, anchoring or mooring of vessels in historic canals.

Seizure and sale

(4) Regulations made under this section may

• (a) provide for the non-passing, detention or seizure of a vessel in a historic canal, at the risk of the owner of the vessel,

  • (i) on which fees fixed under subsection 23(1) of the Parks Canada Agency Act have not been paid,

  • (ii) in respect of which any injury has been done to a historic canal and has not been paid for,

  • (iii) for or on account of which a fine remains unpaid, or

  • (iv) in respect of which the regulations have been contravened; and

• (b) provide for the sale of a vessel detained or seized if the amount of the fees, compensation for injuries or fines are not paid within the time prescribed by the regulations, and for the payment of the amounts due out of the proceeds of the sale.

Surplus proceeds

(5) The surplus proceeds, if any, of a sale referred to in paragraph (4)‍(b) must be returned to the owner of the vessel or the owner’s agent or mandatary.

Amending the Schedules

Schedule 1

35 The Governor in Council may, by order, amend Schedule 1 by adding the name of any Crown corporation named in Schedule III of the Financial Administration Act or deleting the name of any Crown corporation.

Schedule 2

36 The Governor in Council may, by order, amend Schedule 2 by adding the name of any canal located in Canada that is a historic place, or part of a historic place, and is under the administration of the federal minister responsible for the Agency for the purposes of the Agency in column 1 and the name of the province or territory in which that canal is located in column 2 or deleting the name of any canal and the name of the province or territory in which that canal is located.

Enforcement

Designation of park wardens

37 (1) The Minister may designate persons who are appointed under the Parks Canada Agency Act and whose duties include law enforcement to be park wardens for the purposes of

• (a) enforcing the provisions of this Act and the regulations; and

• (b) preserving and maintaining public peace in federal historic places administered by the Agency.

Peace officers

(2) For those purposes, park wardens are peace officers, as defined in section 2 of the Criminal Code.

Designation of enforcement officers

38 (1) The Minister may designate persons or classes of persons who are employed in the federal public administration or by a provincial, municipal or local authority or an Indigenous governing body and whose duties include law enforcement to be enforcement officers for the purpose of enforcing the provisions of this Act or the regulations that are specified in the designation in relation to the federal historic places administered by the Agency that are specified in the designation.

Powers and protections

(2) For that purpose, enforcement officers have the powers of, and are entitled to the protection provided by law to, peace officers, as defined in section 2 of the Criminal Code.

Contraventions Act

39 (1) The Minister may designate persons or classes of persons who are employed in the federal public administration or by a provincial, municipal or local authority or an Indigenous governing body for the purpose of enforcing the provisions of this Act and the regulations that relate to offences that have been designated as contraventions under the Contraventions Act.

Limitations regarding designations

(2) The Minister may specify that a designation is in respect of one or more federal historic places administered by the Agency or in respect of one or more offences under this Act that have been designated as contraventions under the Contraventions Act.

Certificate of designation and oath

40 (1) Each park warden, enforcement officer and person designated under subsection 39(1) must be provided with a certificate of designation in a form approved by the Minister and must take and subscribe an oath prescribed by the Minister.

Limitations must be specified

(2) The certificate must specify the limitations, if any, to which the designation is subject.

Right of passage

41 In the discharge of their duties, a park warden, an enforcement officer and any person accompanying either of them may enter on and pass through or over private property without being liable for doing so and withoutany person having the right to object to that use of the property. 

Immunity

42 A park warden or enforcement officer is not personally liable for any thing done or omitted to be done in good faith in the exercise or performance of their powers, or the performance of their duties or functions under this Act.

Search and seizure

43 (1) A park warden or enforcement officer may

• (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and

• (b) seize any thing that the warden or officer believes on reasonable grounds is a thing described in subsection (2).

Authority to issue warrant

(2) A justice of the peace may, on ex parte application, issue a warrant authorizing a park warden or enforcement officer named in the warrant to, subject to any conditions specified in it, enter and search any place, including any building or any vehicle, vessel or other conveyance, or open and examine any package or receptacle, if the justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in the place, package or receptacle

• (a) any thing in relation to which there are reasonable grounds to believe an offence under this Act has been committed; or

• (b) any thing that there are reasonable grounds to believe will afford evidence with respect to the commission of such an offence.

Warrant not necessary

(3) A park warden or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist, but by reason of exigent circumstances it would not be practical to obtain one.

Custody of things seized

44 (1) Subject to subsections (2) and (3) and sections 50 and 51, if a park warden or enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code,

• (a) sections 489.‍1 and 490 of the Criminal Code apply; and

• (b) the warden or officer, or any person that the warden or officer designates, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code.

Forfeiture if ownership not ascertainable

(2) If the ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada — if the thing was seized by a park warden or by an enforcement officer employed in the federal public administration — or to Her Majesty in right of a province if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an Indigenous governing body.

Perishable things

(3) If a seized thing is perishable, the park warden or enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be paid to the owner or person entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, in which case they must be retained by the warden or officer pending the outcome of those proceedings.

Liability for costs

45 If a thing is seized under this Act, the person who owned the thing at the time that it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition.

Offences and Punishment

Offence

46 Every person who contravenes any provision of the regulations or any condition of a permit, licence or other authorization issued under the regulations is guilty of an offence and liable

• (a) on conviction on indictment,

  • (i) in the case of an individual, to a fine of not more than $200,000, and

  • (ii) in the case of a corporation, to a fine of not more than $1,000,000; or

• (b) on summary conviction,

  • (i) in the case of an individual, to a fine of not more than $50,000, and

  • (ii) in the case of a corporation, to a fine of not more than $500,000.

Due diligence defence

47 A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent its commission.

Fundamental purpose of sentencing

48 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law establishing and protecting historic places by imposing just sanctions that have one or more of the following objectives:

• (a) to deter the offender and any other person from committing offences under this Act;

• (b) to denounce unlawful conduct that damages or creates a risk of damage to historic places; and

• (c) to provide reparation for harm done to historic places.

Sentencing

49 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.‍1 to 718.‍21 of the Criminal Code, the court must consider aggravating factors associated with the offence when sentencing a person who is convicted of an offence under this Act, including the following aggravating factors:

• (a) the offence caused damage to any unique, rare, particularly important or vulnerable resources of a historic place;

• (b) the damage caused by the offence is extensive, persistent or irreparable;

• (c) the offender committed the offence despite having been warned by a superintendent, park warden or enforcement officer of the circumstances that subsequently became the subject of the offence; or

• (d) after the commission of the offence, the offender attempted to conceal its commission.

Absence of aggravating factor

(2) The absence of an aggravating factor set out in subsection (1) is not a mitigating factor.

Definition of damage

(3) For the purposes of paragraphs (1)‍(a) and (b), damage includes loss of use value and non-use value.

Forfeiture

50 (1) If a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed, order that any seized thing, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.

Return if no forfeiture ordered

(2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition must be returned or paid to its owner or the person entitled to it.

Retention or sale

(3) If a fine is imposed on a person convicted of an offence under this Act, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.

Disposition by Minister

51 Any seized thing that has been forfeited under this Act to Her Majesty in right of Canada or abandoned by its owner may be dealt with and disposed of as the Minister may direct.

Historic Places Protection and Conservation Fund

52 (1) There is established an account in the accounts of Canada to be called the Historic Places Protection and Conservation Fund.

Fines credited to account

(2) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the account.

Amounts payable out of account

(3) Amounts may be paid out of the Consolidated Revenue Fund and charged to the account for the purposes of protecting and conserving the heritage value of historic places.

Limit on payments

(4) A payment must not be made out of the Consolidated Revenue Fund under subsection (3) in excess of the amount of the balance to the credit of the account.

Orders of court

53 (1) If a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects:

• (a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

• (b) directing the person to take any action that the court considers appropriate to remedy or avoid any damage to any resources of the historic place that resulted or may result from the commission of the offence;

• (c) directing the person to compensate any person, monetarily or otherwise, in whole or in part, for the cost of any remedial or preventive action that is taken, that is caused to be taken or that is to be taken as a result of the act or omission that constituted the offence, including the costs of assessing the appropriate remedial or preventive action;

• (d) directing the person to post a bond, provide surety or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section;

• (e) directing the person to pay to Her Majesty in right of Canada or an organization an amount of money that the court considers appropriate for the purpose of promoting the protection or conservation of the heritage value of historic places;

• (f) directing the person to perform community service, subject to any reasonable conditions;

• (g) requiring the person to surrender to the Minister any permit, licence or other authorization issued to the person under this Act;

• (h) prohibiting the person from applying for any new permit, licence or other authorization under this Act during any period that the court considers appropriate;

• (i) requiring the person to comply with any other conditions that the court considers appropriate.

Suspended sentence

(2) If a person is convicted of an offence under this Act and the court suspends the passing of sentence under paragraph 731(1)‍(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order referred to in subsection (1).

Imposition of sentence

(3) If a person does not comply with an order that is made in accordance with subsection (2) or is convicted of another offence, the court may, within three years, or any shorter period specified in the order, after that order was made, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.

Debt due to Her Majesty

(4) If the court makes an order under paragraph (1)‍(c) or (e) directing a person to pay an amount of money to Her Majesty in right of Canada, the amount constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

Enforcement

(5) If the court makes an order under paragraph (1)‍(c) directing a person to pay an amount of money to any person other than Her Majesty in right of Canada and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province or territory in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

Limitation period

54 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than two years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the two years.

Transitional Provisions

Leased historic places

55 Paragraphs 28(2)‍(d) to (f) and sections 29, 31, 34 and 37 to 54 do not apply in respect of a part of a historic place that, immediately before the day on which this Act receives royal assent, is located on federal lands and is leased to a lessee by Her Majesty in right of Canada under a lease for a term of at least 10 years until the earliest of the following days:

• (a) the day on which the lease expires,

• (b) the day on which the lease is renewed, and

• (c) the day on which the duration of the lease is amended.

Board members not appointed by Governor in Council

56 (1) The members of the Board not appointed by the Governor in Council who hold office immediately before the day on which this Act receives royal assent cease to hold office as members of the Board on that day.

Board members appointed by Governor in Council

(2) Subject to subsection (3), the members of the Board appointed by the Governor in Council who hold office immediately before the day on which this Act receives royal assent continue to hold office as members of the Board for the remainder of the terms for which they were appointed.

Chair

(3) The member of the Board who, immediately before the day on which this Act receives royal assent, holds office as the representative of a province or territory and is designated as Chairman of the Board ceases to hold office as the representative of that province or territory on that day and is deemed to have been appointed under paragraph 8(2)‍(e) as the Chair of the Board for the remainder of the term for which they were appointed as the representative of that province or territory.

First Vice-chair

(4) The first Vice-chair of the Board must be designated from among the members of the Board who continue as members under subsection (2).

Secretary

(5) The Secretary of the Board who holds office immediately before the day on which this Act receives royal assent ceases to hold that office on that day.

Deemed historic places

57 (1) On the day on which this Act receives royal assent, each of the following is deemed to be designated as a historic place under subsection 24(1):

• (a) any site, building or other place that, immediately before that day, is commemorated under paragraph 3(a) of the former Act;

• (b) any land that, immediately before that day, is set apart as a national historic site of Canada under subsection 42(1) of the Canada National Parks Act; and

• (c) any classified building, unless the classified building is a building that is deemed under paragraph (a) to be designated as a historic place or is located on a site, other place or land that is deemed under paragraph (a) or (b) to be designated as a historic place.

Classified buildings

(2) If a classified building is a building that is deemed under paragraph (1)‍(a) to be designated as a historic place or is located on a site, other place or land that is deemed under paragraph (1)‍(a) or (b) to be designated as a historic place, then a description of the heritage value of that classified building must be included in the description of the heritage value of the historic place.

Deemed persons of historic significance

(3) On the day on which this Act receives royal assent, any person who, immediately before that day, is commemorated under paragraph 3(a) of the former Act is deemed to be designated as a person of historic significance under subsection 24(1).

Deemed historic events

(4) On the day on which this Act receives royal assent, any event that, immediately before that day, is commemorated under paragraph 3(a) of the former Act is deemed to be designated as a historic event under subsection 24(1).

Definitions

(5) The following definitions apply in this section.

classified building means a building that, immediately before May 13, 2022, is assigned a classified designation under the Treasury Board Policy on Management of Real Property.‍ (édifice classifié)

former Act means the Historic Sites and Monuments Act, chapter H-4 of the Revised Statutes of Canada, 1985.‍ (ancienne loi)

Related and Consequential Amendments

R.‍S.‍, c. M-13; 2000, c. 8, s. 2

Payments in Lieu of Taxes Act

2000, c. 32, s. 70.‍1(2)

58 Paragraph 2(3)‍(c) of the Payments in Lieu of Taxes Act is replaced by the following:

R.‍S.‍, c. N-22; 2012, c. 31, s. 316; 2019, c. 28, s. 46

Canadian Navigable Waters Act

2019, c. 28, s. 57

59 Subsection 23(2) of the Canadian Navigable Waters Act is replaced by the following:

R.‍S.‍, c. T-18

Department of Transport Act

60 The definition canal in section 2 of the Department of Transport Act is replaced by the following:

61 Section 18 of the Act is replaced by the following:

R.‍S.‍, c. 52 (4th Supp.‍)

Heritage Railway Stations Protection Act

62 The definition Board in subsection 2(1) of the Heritage Railway Stations Protection Act is replaced by the following:

1998, c. 31

Parks Canada Agency Act

63 (1) The first and second paragraphs of the preamble to the Parks Canada Agency Act are replaced by the following:

2002, c. 18, s. 33(1)

(2) Paragraph (a) of the fourth paragraph of the preamble to the Act is replaced by the following:

(3) Paragraph (f) of the fourth paragraph of the preamble to the Act is replaced by the following:

(4) Paragraphs (l) and (m) of the fourth paragraph of the preamble to the Act are replaced by the following:

2000, c. 32, s. 58

64 (1) The definition national historic site in subsection 2(1) of the Act is repealed.

2005, c. 2, s. 3(3)

(2) Paragraphs (a) and (b) of the definition other protected heritage areas in subsection 2(1) of the Act are repealed.

(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

(4) Subsection 2(2) of the Act is repealed.

2008, c. 16, s. 18; 2015, c. 10, s. 57

65 Paragraphs 4(1)‍(a) and (b) of the Act are replaced by the following:

2002, c. 18, s. 35

66 (1) Subsection 5(1) of the Act is replaced by the following:

(2) Subsection 5(3) of the Act is amended by striking out “or” at the end of paragraph (b), and by replacing paragraph (c) with the following:

2002, c. 18, s. 36

67 Subsections 6(1) to (3) of the Act are replaced by the following:

2012, c. 19, s. 315

68 (1) The portion of subsection 6.‍1(2) of the Act before paragraph (a) is replaced by the following:

2012, c. 19, s. 315

(2) Subsection 6.‍1(3) of the Act is replaced by the following:

2002, c. 18, s. 37; 2012, c. 19, s. 316

69 Subsection 7(1) of the Act is replaced by the following:

2002, c. 18, s. 38(1); 2017, c. 10, s. 4(1)

70 Paragraphs 21(3)‍(a) to (d) of the Act are replaced by the following:

71 Section 23 of the Act is replaced by the following:

72 The Act is amended by adding the following after section 26:

73 Sections 27 and 28 of the French version of the Act are replaced by the following:

74 Section 29 of the Act is replaced by the following:

2012, c. 19, ss. 318 and 319; 2015, c. 10, s. 58

75 Sections 31 and 32 of the Act are replaced by the following:

2000, c. 32

Canada National Parks Act

76 The definition superintendent in subsection 2(1) of the Canada National Parks Act is replaced by the following:

77 Section 42 of the Act and the heading before it are repealed.

2002, c. 7

Yukon Act

78 Subparagraph 49(1)‍(a)‍(ii) of the Yukon Act is replaced by the following:

2008, c. 16

Heritage Lighthouse Protection Act

79 The definition advisory committee in section 2 of the Heritage Lighthouse Protection Act is repealed.

80 Sections 10 and 11 of the Act are replaced by the following:

2009, c. 5

National Cemetery of Canada Act

81 The fourth paragraph of the preamble to the National Cemetery of Canada Act is replaced by the following:

2013, c. 14, s. 2

Nunavut Planning and Project Assessment Act

82 Paragraph (h) of the definition conservation area in subsection 2(1) of the Nunavut Planning and Project Assessment Act is replaced by the following:

83 Subsection 70(1) of the Act is replaced by the following:

84 Paragraph 163(b) of the Act is replaced by the following:

85 Subsection 164(1) of the Act is replaced by the following:

86 The portion of section 171 of the Act before paragraph (a) is replaced by the following:

87 Section 172 of the Act is replaced by the following:

2014, c. 2, s. 2

Northwest Territories Act

88 Subparagraph 55(1)‍(a)‍(ii) of the Northwest Territories Act is replaced by the following:

2015, c. 10

Rouge National Urban Park Act

89 (1) The definition national historic site in section 2 of the Rouge National Urban Park Act is repealed.

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

90 (1) The portion of section 7 of the Act before paragraph (a) is replaced by the following:

(2) Paragraph 7(c) of the Act is replaced by the following:

2017, c. 30

Recognition of Charlottetown as the Birthplace of Confederation Act

91 The third paragraph of the preamble to the Recognition of Charlottetown as the Birthplace of Confederation Act is replaced by the following:

Repeal

Repeal

92 The Historic Sites and Monuments Act, chapter H-4 of the Revised Statutes of Canada, 1985, is repealed.

Coming into Force

Third anniversary of royal assent

93 (1) Paragraphs 28(2)‍(d) and (e) come into force on the third anniversary of the day on which this Act receives royal assent.

Order in council

(2) Sections 60 and 61 come into force on a day to be fixed by order of the Governor in Council.

Order in council

(3) Sections 76 and 77 come into force on a day to be fixed by order of the Governor in Council.

SCHEDULE 1 

SCHEDULE 2 

EXPLANATORY NOTES

(3) For the purposes of the definition federal property in subsection (1), federal property does not include

• .‍.‍.  

• (c) any real property or immovable developed and used as a park and situated within an area defined as urban by Statistics Canada, as of the most recent census of the population of Canada taken by Statistics Canada, other than national parks of Canada, national marine parks of Canada, national park reserves of Canada, national marine park reserves of Canada, national historic sites of Canada, national battlefields or heritage canals;

(2) Subsection (1) does not apply to a historic canal as defined in section 2 of the Historic Canals Regulations.

canal means every canal and lock that belongs to Canada and includes every canal and lock acquired, constructed, extended, enlarged, repaired or improved at the expense of Canada, or for the acquisition, construction, repairing, extending, enlarging or improving of which any public money is voted and appropriated by Parliament, except works for which money has been appropriated as a subsidy only, and all works and property appertaining or incidental to such a canal or that are placed under the management, charge and direction or the control of the Minister of Transport by the Governor in Council; (canaux)

18 All contracts, bonds, agreements or leases for or respecting any railway or canal now the property of Canada, or for any tolls imposed for their use, entered into by the Commissioner of Public Works of the former Province of Canada, or by the Board of Works of the Province of Nova Scotia or of the Province of New Brunswick, or by any commissioners or other persons duly authorized to enter into them in any province of Canada, enure to the use of Her Majesty, and may be enforced as if they had been entered into with Her Majesty under the authority of this Act.

Board means the Historic Sites and Monuments Board of Canada established by section 4 of the Historic Sites and Monuments Act; (Commission)

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

other protected heritage areas includes

• (a) historic canals;

• (b) historic museums that may be established by the Minister under the Historic Sites and Monuments Act;

(2) The Minister may designate any historic place as defined in section 2 of the Historic Sites and Monuments Act as a national historic site for the purposes of this Act.

4 (1) The Minister is responsible for the Agency and the powers, duties and functions of the Minister, in that capacity, extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to

• (a) areas of natural or historical significance to the nation, including national parks, national marine conservation areas, national historic sites, historic canals, historic museums established under the Historic Sites and Monuments Act, Saguenay-St. Lawrence Marine Park and Rouge National Urban Park;

• (b) heritage railway stations, heritage lighthouses, federal heritage buildings, historic places in Canada, federal archaeology and Canadian heritage rivers; and

5 (1) Subject to any direction given by the Minister, the Agency may exercise the powers and shall perform the duties and functions that relate to national parks, national historic sites, national marine conservation areas, other protected heritage areas and heritage protection programs that are conferred on, or delegated, assigned or transferred to, the Minister under any Act or regulation.

(3) Subsection (1) does not include

• .‍.‍.  

• (c) a power to make designations or appointments under the Historic Sites and Monuments Act or the Heritage Railway Stations Protection Act.

6 (1) The Agency is responsible for the implementation of policies of the Government of Canada that relate to national parks, national historic sites, national marine conservation areas, other protected heritage areas and heritage protection programs.

(2) The Agency shall ensure that there are long-term plans in place for establishing systems of national parks, national historic sites and national marine conservation areas.

(3) The Agency is responsible for negotiating, and recommending to the Minister, the establishment of new national parks, national marine conservation areas and other protected heritage areas and the acquisition of national historic sites.

(2) For the purposes of an agreement entered into under subsection (1), persons designated as park wardens under section 18 of the Canada National Parks Act may, with the Chief Executive Officer’s approval,

(3) In this section, part of Canada means a part of Canada that is outside national parks, national historic sites, national marine conservation areas and other protected heritage areas.

7 (1) The Governor in Council may, by order, add to or delete from the schedule any Act of Parliament or regulation or part of an Act or regulation that relates to national parks, national historic sites, national marine conservation areas or other protected heritage areas or heritage protection programs.

(3) Despite any other Act of Parliament, amounts may be paid out of the New Parks and Historic Sites Account for the following purposes:

• (a) to acquire any historic place, or lands for historic museums, or any interest therein, for the purpose of paragraph 3(d) of the Historic Sites and Monuments Act;

• (b) to acquire any real property or immovables for the purpose of establishing, enlarging or designating, as the case may be, any national park, national historic site, national marine conservation area or other protected heritage area;

• (c) to develop or maintain any national park, national historic site, national marine conservation area or other protected heritage area that is being established, enlarged or designated, and to make any related contribution or other payment;

• (d) to implement a decision by the Minister to recommend the establishment of a national park, national historic site, national marine conservation area or other protected heritage area, or to commemorate a historic place under section 3 of the Historic Sites and Monuments Act, and to make any related contribution or other payment; and

23 (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees or the manner of calculating the fees to be paid for a service or the use of a facility provided by the Agency.

(2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

27 The Agency may enter into an agreement with any person respecting the collection of fees fixed under this Act or any other Act under which the Agency provides services, facilities, products, rights or privileges and, notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing that person to withhold amounts from those fees.

28 The Minister may remit or refund all or part of a fee fixed under section 23 or 24 or under any other Act under which the Agency provides services, facilities, products, rights or privileges, and the interest on it.

29 The Agency may recover, as a debt due to Her Majesty, any fee or charge fixed under this or any other Act, any costs incurred by the Agency, and any interest on those fees, charges or costs, that relate to providing a service, facility, product, right or privilege by the Agency under this or any other Act.

31 At least every five years, the Chief Executive Officer shall provide the Minister with a report, to be tabled in each House of Parliament, on the state of national parks, national historic sites, national marine conservation areas and other protected heritage areas and heritage protection programs, and on the Agency’s performance in carrying out its responsibilities under section 6.

32 (1) In addition to the duties in relation to management plans under the Canada National Parks Act and the Canada National Marine Conservation Areas Act, the Chief Executive Officer shall, within five years after the establishment of a national historic site or other protected heritage area, other than the Rouge National Urban Park, or within five years after the coming into force of this section, whichever is later, provide the Minister with a management plan for that national historic site or other protected heritage area in respect of any matter that the Minister deems appropriate, including, but not limited to, commemorative and ecological integrity, resource protection or visitor use, and that plan shall be tabled in each House of Parliament.

(2) The Minister shall review the management plan for each national historic site or other protected heritage area at least every 10 years and shall cause any amendments to the plan to be tabled in each House of Parliament.

superintendent means an officer appointed under the Parks Canada Agency Act who holds the office of superintendent of a park or of a national historic site of Canada to which this Act applies, and includes any person appointed under that Act who is authorized by such an officer to act on the officer’s behalf.‍ (directeur)

42 (1) The Governor in Council may set apart any land, the title to which is vested in Her Majesty in right of Canada, as a national historic site of Canada to which this Act applies in order to

• (a) commemorate a historic event of national importance; or

• (b) preserve a historic landmark, or any object of historic, prehistoric or scientific interest, that is of national importance.

(2) The Governor in Council may make any changes that the Governor in Council considers appropriate in areas set apart under subsection (1).

(3) The Governor in Council may, by order, extend the application of subsection 8(1), section 11, except as it relates to zoning, and sections 12 and 16 to 32 to national historic sites of Canada.

49 (1) The Governor in Council, on the recommendation of the Minister, may take from the Commissioner the administration and control of public real property and transfer the administration of the property to a federal minister or a federal agent corporation if the Governor in Council considers it necessary to do so for

• (a) the national interest, including

  • .‍.‍.  

  • (ii) the establishment, or changes to the boundaries, of a national park, historic site or other area protected under an Act of Parliament, and

advisory committee means the advisory committee established by the Minister under section 10.‍ (comité consultatif)

10 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.

11 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 building should be included in the designation.

conservation area means an area listed in Schedule 9-1 to the Agreement and any of the following:

• .‍.‍. 

• (h) a historic place designated under the Historic Sites and Monuments Act;

70 (1) This Part and the broad planning policies, priorities and objectives, the specific planning objectives and any land use plan, established under this Part, do not apply in respect of a park that has been established or to a historic place that has been designated under the Historic Sites and Monuments Act and is administered by the Parks Canada Agency.

163 In sections 164 to 170, responsible authority means, as the case may be,

• .‍.‍.  

• (b) the Parks Canada Agency, in the case of a historic place that is designated under the Historic Sites and Monuments Act and administered by that Agency.

164 (1) The proponent of a project that is to be carried out, in whole or in part, within a park or a historic place that is designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency, located inside the designated area, must submit a project proposal to the responsible authority.

171 If a project is to be carried out partly outside a park or a historic place designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency,

172 Sections 73 to 162 apply in respect of a project to be carried out, in whole or in part, within a conservation area located inside the designated area, other than a historic place designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency.

55 (1) The Governor in Council may, on the Minister’s recommendation, take from the Commissioner the administration and control of public lands and rights in respect of waters if, subject to subsection (2), the Governor in Council considers it necessary to do so for the purposes of

• (a) the national interest, including

  • .‍.‍.  

  • (ii) establishing — or changing the boundaries of — a national park as defined in subsection 2(1) of the Parks Canada Agency Act, a national historic site as defined in that subsection or another area that is protected under an Act of Parliament, and

national historic site means a site, building or other place of national historic interest or significance that is commemorated under section 3 of the Historic Sites and Monuments Act.‍ (lieu historique national)

7 The Minister must, in relation to any national historic site in the Park, ensure

7 The Minister must, in relation to any national historic site in the Park, ensure

• .‍.‍.  

• (c) that he or she does not take any action, including the making of a payment or the granting of any financial assistance or any authorization, that would have an adverse effect on cultural resources or on the communication to the public of the reasons for the commemoration of the national historic site.