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LOCAL GOVERNMENT ACT — Continued
[RSBC 1996] CHAPTER 323

Part 27 — Heritage Conservation

Division 1 — General

Definitions

947 (1) The definitions in section 872 apply to this Part.

(2) In addition to the definitions made applicable by subsection (1), in this Part:

"alter" means to change in any manner and, without limiting this, includes

(a) the making of an improvement, as defined in the Builders Lien Act, and

(b) any action that detracts from the heritage value or heritage character of heritage property;

"approval" means a permit, licence or other authorization required under this or any other enactment administered by the local government or a delegate;

"delegate" means, in relation to a power or duty, a person given authority under section 176 (1) (e) [corporate powers — delegation] to exercise that power or duty;

"heritage alteration permit" means a permit under section 972;

"heritage conservation area" means an area designated under section 970.1 (1) in an official community plan;

"heritage designation bylaw" means a bylaw under section 967;

"heritage inspection" means the physical examination of property and the research necessary to assess the heritage value and the heritage character of the property or to determine the need for conservation of the property;

"heritage revitalization agreement" means an agreement under section 966;

"real property" includes buildings, structures and other improvements affixed to the land.

(3) A regional district does not have authority under this Part and its board is not a local government for the purposes of this Part unless the regional district has adopted a bylaw to establish and operate a service under 800.1 (2) (h) [services related to heritage conservation].

(4) A provision of this Part that applies to an officer or employee of a local government may apply to an officer or employee of another government with the approval of that government.

Limits on the use of this Part

948 (1) This Part must not be used to conserve natural landscapes or undeveloped land except

(a) to the extent that the exercise of power under this Part in respect of natural landscape or undeveloped land is, in the opinion of the local government, necessary for the conservation of adjacent or proximate real property that is protected heritage property,

(b) with respect to a site that has heritage value or heritage character related to human occupation or use, or

(c) with respect to individual landmarks and other natural features that have cultural or historical value.

(2) This Part must not be used to restrict a forest management activity relating to timber production or harvesting

(a) on land that is forest reserve land under the Forest Land Reserve Act, or

(b) on managed forest land other than forest reserve land, so long as the managed forest land continues to be used only for that purpose.

(3) This Part must not be used to prevent a use of real property that is permitted under the applicable zoning bylaw for the property or to prevent the development of land to the density allowed in respect of that permitted use under the applicable zoning bylaw, except with regard to property that

(a) is designated by a heritage designation bylaw, or

(b) is subject to temporary heritage protection under this Part.

(4) If there is a conflict between a provision of this Part, or a permit or order made under this Part, and the Heritage Conservation Act, or a permit or order made under that Act, the Heritage Conservation Act, or the permit or order made under it, prevails.

Limit on compensation

949 Except as provided in sections 956 (7) and 969 a person is not entitled to compensation for

(a) any loss or damage, or

(b) any reduction in the value of property

that results from the performance in good faith of any duty under this Part or the exercise in good faith of any power under this Part.

Bylaw and permit procedures

950 (1) A local government may, by bylaw, define procedures under which a person may apply for an amendment to a bylaw under this Part or for the issue of a permit under this Part.

(2) If a bylaw under subsection (1) establishes a time limit for reapplication, the time limit may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3 of the votes cast.

(3) Every application for a heritage alteration permit or the amendment of a bylaw under this Part must be considered by the local government or, if applicable, its delegate.

(4) The applicant or owner of property subject to a decision made by a delegate is entitled to have the local government reconsider the matter.

Section Repealed

951 [Repealed 1998-34-210.]

Ombudsman review of local government decisions

952 (1) The Ombudsman appointed under the Ombudsman Act may investigate complaints about decisions made by a local government under this Part or about procedures used by a local government under this Part.

(2) Subsection (1) does not authorize the Ombudsman to investigate an issue involving compensation for reduction in the market value of real property caused by a designation under section 967.

(3) The Ombudsman Act, other than section 11 (1) (a) of that Act, applies to investigations under this section and, for that purpose, the local government is deemed to be an authority as defined in that Act.

(4) During an investigation under this section and for up to 6 months after the completion of the investigation if the Ombudsman considers the matter to be unresolved, the Ombudsman may direct that the local government or the complainant, or both, must not take any action on matters specified by the Ombudsman.

(5) If the Ombudsman makes a recommendation under section 23 or 24 of the Ombudsman Act regarding an investigation under this section and no action that the Ombudsman believes adequate or appropriate is taken by the local government within a reasonable time, the Ombudsman may make a report to the Lieutenant Governor in Council of the recommendation and such additional comments as the Ombudsman considers appropriate.

(6) On receipt of a report from the Ombudsman, the Lieutenant Governor in Council may make an order that the Lieutenant Governor in Council believes is in the public interest, and the order is binding on the local government.

(7) Nothing in this section diminishes the authority of the Ombudsman under the Ombudsman Act.

Division 2 — Heritage Review

Community heritage commissions

953 (1) In addition to the authority under section 176 (1) (g), a local government may designate an existing organization to act as a community heritage commission.

(2) When it is acting as a community heritage commission, an organization designated under subsection (1) is deemed to be a commission established under section 176 (1) (g) and, when a member of the organization is acting as a member for these purposes, the member is deemed to be a member of a commission established under that section.

Community heritage register

954 (1) A local government may, by resolution, establish a community heritage register that identifies real property that is considered by the local government to be heritage property.

(2) The community heritage register

(a) must indicate the reasons why property included in a community heritage register is considered to have heritage value or heritage character, and

(b) may distinguish between heritage properties of differing degrees and kinds of heritage value or heritage character.

(3) Within 30 days after including a property in a community heritage register or deleting property from a community heritage register, the local government must give notice of this

(a) to the owner of the heritage property in accordance with section 974, and

(b) to the minister responsible for the Heritage Conservation Act in accordance with section 977.

(4) The protection of heritage property is not affected by an error or omission in a community heritage register.

Heritage recognition

955 (1) A local government may recognize the heritage value or heritage character of a heritage property, an area or some other aspect of the community's heritage.

(2) The local government may have a plaque or other marker installed to indicate recognition under subsection (1), subject to the requirement that permission for this must be obtained from the owner of the property on which the marker is installed.

Heritage inspection may be ordered

956 (1) For the purposes of assessing the heritage value, heritage character or the need for conservation of real property, a local government or its delegate may order a heritage inspection of the property in any of the following circumstances:

(a) the property is or may be protected heritage property;

(b) the property is identified as heritage property in a community heritage register;

(c) the property is or may be heritage property according to criteria that the local government may, by bylaw, establish for the purposes of this Part.

(2) An order under subsection (1)

(a) must state the purpose of the heritage inspection,

(b) must specify how long the order is to remain in effect,

(c) must require the heritage inspection to be carried out in an expeditious manner,

(d) may provide that the property covered by the order is subject to temporary protection as provided in section 965 until the applicable time under subsection (3) or section 957 (5), and

(e) may include terms, conditions and specifications that the local government or delegate considers appropriate.

(3) Temporary protection under subsection (2) (d) applies until the earliest of the following, subject to an extension of this time under section 957 (5):

(a) the day after a report of the results of the heritage inspection is delivered to a regular meeting of the local government;

(b) the day the local government or its delegate informs the owner that the heritage inspection is completed or is no longer required;

(c) 30 days after the day on which the heritage inspection was ordered.

(4) A person must not interfere with the conducting of a heritage inspection.

(5) A person conducting a heritage inspection may perform tests and remove material samples that are necessary for the purposes of the heritage inspection, but must do this in such a manner that any alterations are as minor and inconspicuous as reasonably possible given the requirements of the heritage inspection.

(6) On completion of a heritage inspection, the local government must

(a) notify the owner of the property that a heritage inspection has been conducted, if the owner was not notified of the heritage inspection before the heritage inspection, and

(b) make a report to the owner of what was done if, as a part of a heritage inspection, an alteration is made or material is removed.

(7) A person whose property is damaged by a heritage inspection under subsection (1) is entitled to have the damage repaired at the expense of the local government or, if the damage cannot be repaired, to compensation from the local government.

Entry authority for a heritage inspection

957 (1) An order under section 956 (1) authorizes a person conducting the heritage inspection to enter land or premises identified in the order at any reasonable time for the purposes of the heritage inspection.

(2) Before or when entering land under subsection (1), the person conducting the heritage inspection or heritage investigation must make a reasonable attempt to notify the owner or occupier of the land and, if requested, present a copy of the order to the owner or occupier.

(3) Except as provided in subsection (4), nothing in this section or an order made under section 956 authorizes entry into a building without the permission of the owner or occupier.

(4) A justice may issue a warrant authorizing a person to enter land or a building to conduct a heritage inspection ordered under section 956 (1) if the justice is satisfied that

(a) there are reasonable grounds to believe that entry is required to achieve the purposes of the heritage inspection, and

(b) there are reasonable grounds to believe that

(i) an emergency exists,

(ii) the person conducting the heritage inspection or heritage investigation has been unable to notify the owner or occupier after making a reasonable attempt to do so,

(iii) admission has been refused or refusal is anticipated, or

(iv) notification may defeat the object of the entry.

(5) A warrant under subsection (4) may extend the time period for which the property is protected under section 956 (2) (d) and continues in force until the purpose for which the entry is required has been satisfied.

(6) If a heritage inspection is conducted under a warrant under subsection (4), the person conducting the heritage inspection must be accompanied by a peace officer.

Impact assessment may be required

958 (1) If, in the opinion of the local government or its delegate, an approval may affect protected heritage property, the local government or delegate may require the applicant for the approval, before the approval is issued,

(a) to provide the local government or delegate, at the expense of the applicant, with information regarding the possible effects that the activity or action enabled by the approval may have on the heritage property, or

(b) to permit the local government or delegate to undertake, at the expense of the local government, studies regarding the matters referred to in paragraph (a) provided that those studies are undertaken promptly.

(2) A requirement under subsection (1) must be communicated to the applicant in writing and include specifications of the information to be provided and of the qualifications of any persons undertaking studies to produce the information.

(3) Specifications referred to in subsection (2) must not be changed by the local government or its delegate without the agreement of the applicant.

Local government requests for Provincial protection

959 (1) If, in the opinion of a local government, real property owned by the Provincial government has heritage value or heritage character, the local government may, by resolution, request that Provincial protection be provided for the property.

(2) Within 5 days after a resolution under subsection (1) is adopted, the local government must convey the resolution to the minister responsible for the Heritage Conservation Act.

(3) Once a request has been made under subsection (1), the property for which the protection is requested is subject to temporary protection in accordance with section 965 until the earlier of the following:

(a) the end of 30 days after the resolution authorizing the request was adopted;

(b) the minister responsible for the Heritage Conservation Act notifies the local government in writing that the temporary protection is ended.

(4) Despite section 14 (2) of the Interpretation Act, subsection (3) applies to the Provincial government.

(5) No more than one request may be made under subsection (1) with respect to any particular building, structure or site during any one 10 year period.

Division 3 — Temporary Protection

Withholding of approvals

960 (1) A local government may, by bylaw, direct or authorize the officers or employees of the local government who issue approvals to withhold the issuance of any approval for an action that, in the opinion of the person responsible for issuing the approval, would alter or cause an alteration to any of the following:

(a) protected heritage property;

(b) property subject to temporary heritage protection under another section of this Part;

(c) property in a community heritage register.

(2) A bylaw under subsection (1) may establish restrictions, limits or conditions on the duty or power to withhold approvals.

(3) If an approval is withheld under subsection (1), the matter must be referred to the local government at its next regular meeting after the approval is withheld.

(4) If an approval is referred to the local government with regard to property referred to in subsection (1) (a) or (b), the local government may authorize that the approval continue to be withheld until an action referred to in subsection (5) occurs.

(5) An approval must not be withheld under this section if one or more of the following occurs:

(a) a heritage alteration permit is issued authorizing the alteration to which the approval applies;

(b) the applicant agrees to terms and conditions satisfactory to the local government or its delegate to prevent or mitigate circumstances that may detract from the heritage value or heritage character of the property;

(c) in the case of property subject to temporary heritage protection, the protection expires;

(d) in the case of property that appears to the person responsible for issuing the approval to be protected under the Heritage Conservation Act, the local government is notified by the minister responsible for that Act that the requirements of that Act have been met or do not apply.

(6) Except as provided in subsection (4), nothing in this section authorizes the withholding of an approval to which an applicant would otherwise be entitled beyond the time of the meeting at which the matter is referred to the local government under subsection (3).

Withholding of demolition permits until other approvals issued

961 (1) Without limiting section 960, a local government may, by bylaw, direct or authorize the officers or employees of the local government who issue permits for demolition to withhold approval for demolition in the following circumstances:

(a) in the case of protected heritage property, until a heritage alteration permit and any other necessary approvals have been issued with respect to alteration or redevelopment of the site;

(b) in the case of real property identified in a community heritage register established under section 954, until a building permit and any other necessary approvals have been issued with respect to the alteration or redevelopment of the site.

(2) A local government may establish restrictions, limits or conditions on a duty or power under subsection (1).

(3) Nothing in this section authorizes the withholding of any approvals other than permits for demolition of heritage property.

Orders for temporary protection

962 (1) A local government may order that real property is subject to temporary protection in accordance with section 965 if the local government considers that

(a) the property is or may be heritage property, or

(b) protection of the property may be necessary or desirable for the conservation of other property that is heritage property.

(2) An order under subsection (1)

(a) must specify the time period during which the temporary protection applies, which time period may not be longer than 60 days unless the owner of the property agrees to a longer time period, and

(b) must not be made more than once in a 2 year period without the agreement of the owner of the property.

(3) An order under subsection (1) may do one or more of the following:

(a) identify landscape features that are subject to the order;

(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;

(c) establish policies regarding the issuance of a heritage alteration permit in relation to the property.

Temporary protection by introduction of a continuing protection bylaw

963 (1) For a period of 120 days beginning on the date of first reading of a bylaw to adopt an official community plan that designates a heritage conservation area, section 971 (1) applies to all properties in the area as if the bylaw had already been adopted.

(2) For a period of 60 days beginning on the date of the first reading of a heritage designation bylaw, section 967 (3) applies as if the heritage designation bylaw had already been adopted.

(3) If the owner of property to which subsection (2) applies agrees, the local government may, by bylaw, extend the protection referred to in that subsection for a specified period longer than the 60 days referred to in that subsection.

(4) If the issue of compensation for designation is submitted to arbitration under section 969 before the heritage designation bylaw is adopted, the time period under subsection (2) is extended by the time between the submission of the matter to arbitration and the delivery of the arbitration report to the local government.

(5) If a local government defeats or decides not to proceed with a bylaw, the protection under this section ends.

Heritage control periods for temporary protection

964 (1) For the purposes of heritage conservation planning for an area identified in the bylaw, a local government may, by bylaw, declare a heritage control period with respect to the area.

(2) A bylaw under subsection (1) must specify the length of the heritage control period, which period may not be longer than one year from the date of adoption of the bylaw.

(3) A bylaw under subsection (1) may do one or more of the following:

(a) identify types of landscape features that are included in the protection under this section;

(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;

(c) establish policies regarding the issuance of a heritage alteration permit in relation to property within the area covered by the bylaw.

(4) During a heritage control period under subsection (1), property within the area covered by the bylaw is subject to temporary protection in accordance with section 965.

(5) A heritage control period under this section may be declared once only during any 10 year period for an area or portion of an area.

Temporary protection

965 (1) While property is subject to temporary protection in accordance with this Division, except as authorized by a heritage alteration permit or as referred to in subsection (2), a person must not do any of the following to the property:

(a) alter the exterior of a building or structure;

(b) make a structural change to a building or structure;

(c) move a building or structure;

(d) alter, move or take an action that would damage a fixture or feature identified in the authorizing resolution, order or bylaw for the temporary protection;

(e) alter, excavate or build on the property.

(2) The prohibition under subsection (1) does not apply to alterations that are, by the authorizing resolution, bylaw or order for the temporary protection, allowed to be made without a heritage alteration permit.

Division 4 — Continuing Protection

Heritage revitalization agreements

966 (1) A local government may, by bylaw, enter into a heritage revitalization agreement under this section with the owner of heritage property.

(2) A heritage revitalization agreement may do one or more of the following:

(a) include provisions regarding the phasing and timing of the commencement and completion of actions required by the agreement;

(b) vary or supplement provisions of one or more of the following:

(i) [Repealed 2000-7-181.]

(ii) a bylaw under Division 7, 10 or 11 of Part 26;

(iii) a permit under Division 9 of Part 26;

(iv) a bylaw or heritage alteration permit under this Part;

(c) include other terms and conditions that may be agreed on by the local government and the owner.

(3) A heritage revitalization agreement prevails over a bylaw or permit referred to in subsection (2) (b) to the extent of any conflict.

(4) A heritage revitalization agreement may only be amended by bylaw with the consent of the owner.

(5) A local government must not require an owner to enter into or consent to the amendment of a heritage revitalization agreement as a condition of issuing any permit, licence or other authorization that may be required to enable the heritage property to be used or developed in accordance with the applicable bylaws.

(6) A local government must not enter into or amend a heritage revitalization agreement unless the agreement or amendment is approved as follows:

(a) by the Minister of Environment, Lands and Parks, if the agreement or amendment varies a bylaw under section 910;

(b) by the Minister of Transportation and Highways, if the agreement or amendment covers land subject to section 54 (2) of the Highway Act;

(c) by the minister, if circumstances prescribed under subsection (7) apply.

(7) The minister may, by regulation, prescribe circumstances in which approval under subsection (6) (c) is required.

(8) Before entering into or amending a heritage revitalization agreement, a local government must hold a public hearing on the matter if the agreement or amendment would permit a change to the use or density of use that is not otherwise authorized by the applicable zoning of the property and, for these purposes, sections 890 to 894 apply.

(8.1) Despite section 257, if a public hearing on the matter has been held under subsection (8), the local government may adopt the bylaw under this section at the same meeting at which the bylaw passed third reading.

(9) Within 30 days after entering into or amending a heritage revitalization agreement, the local government must

(a) file a notice in the land title office in accordance with section 976, and

(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 977.

(10) If a notice is filed under subsection (9) (a), the heritage revitalization agreement and any amendment to it is binding on all persons who acquire an interest in the land affected by the agreement.

Heritage designation protection

967 (1) A local government may, by bylaw, on terms and conditions it considers appropriate, designate real property in whole or in part as protected under this section if the local government considers that

(a) the property has heritage value or heritage character, or

(b) designation of the property is necessary or desirable for the conservation of a protected heritage property.

(2) A heritage designation bylaw may do one or more of the following:

(a) apply to a single property or to part of a property;

(b) apply to more than one property, including properties owned by different persons;

(c) apply to affixed interior building features or fixtures identified in the bylaw;

(d) apply to landscape features identified in the bylaw;

(e) establish policies or procedures regarding the provision of financial or other support for the conservation of the heritage property;

(f) specify types of alterations to the property that are allowed without a heritage alteration permit;

(g) establish policies regarding the issuance of heritage alteration permits in relation to property covered by the bylaw.

(3) Except as authorized by a heritage alteration permit or allowed under subsection (2) (f), a person must not do any of the following:

(a) alter the exterior of a building or structure protected under this section;

(b) make a structural change to a building or structure protected under this section;

(c) move a building or structure protected under this section;

(d) alter, remove or take an action that would damage an interior feature or fixture that is identified under subsection (2) (c);

(e) alter, remove or take an action that would damage a landscape feature that is identified under subsection (2) (d);

(f) alter, excavate or build on land protected under this section.

Heritage designation procedure

968 (1) Before a heritage designation bylaw is adopted, the local government must hold a public hearing on the proposed bylaw for the purpose of allowing affected parties and the general public to make representations respecting matters contained in the proposed bylaw.

(2) Sections 890 (2), (3) and (5) to (9), 891 and 894 apply with respect to the public hearing and enactment of the heritage designation bylaw.

(3) At least 10 days before the public hearing, a notice in the prescribed form must be given in accordance with section 974 to

(a) all persons who, according to the records of the land title office, have a registered interest in real property that would be designated, and

(b) all occupiers of real property that would be designated.

(4) A notice in the prescribed form must also be published in at least 2 consecutive issues of a newspaper, with the last publication to be at least 3 days but not more than 10 days before the public hearing.

(5) The local government must have a report prepared regarding the property to be designated that includes information respecting the following matters:

(a) the heritage value or heritage character of the property;

(b) the compatibility of conservation with the official community plan and any other community planning objectives in the area in which the property is located;

(c) the compatibility of conservation with lawful uses of the property and adjoining lands;

(d) the condition and economic viability of the property;

(e) the possible need for financial or other support to enable appropriate conservation.

(6) At least 10 days before the public hearing, the report under subsection (5) must be available for public inspection at the local government office during its regular office hours.

(7) No heritage designation bylaw is invalid for inadvertent and minor non-compliance with this section or Division 6 of this Part, or for an error or omission in the report required under subsection (5).

(8) Within 30 days after a local government adopts or defeats a heritage designation bylaw or determines not to proceed with the bylaw, the local government must give notice of this in the prescribed form to the owners entitled to notice under subsection (3) (a).

(9) Within 30 days after adopting a heritage designation bylaw, the local government must give notice of this

(a) to the land title office in accordance with section 976, and

(b) to the minister responsible for the Heritage Conservation Act in accordance with section 977.

Compensation for heritage designation

969 (1) If a designation by a heritage designation bylaw causes, or will cause at the time of designation, a reduction in the market value of the designated property, the local government must compensate an owner of the designated property who makes an application under subsection (2), in an amount or in a form the local government and the owner agree on or, failing an agreement, in an amount or in a form determined by binding arbitration under subsection (4).

(2) The owner of a designated property may apply to the local government for compensation for the reduction in the market value of the designated property.

(3) An application under subsection (2)

(a) must be made, in order for the owner to be entitled to compensation under this section, no later than one year after the heritage designation bylaw is adopted, and

(b) may be made before the heritage designation bylaw is adopted.

(4) If the local government and an owner are unable to agree

(a) that the owner is entitled to compensation, or

(b) on the amount or form of compensation,

then either the local government or the owner may require the matter to be determined by binding arbitration under the Commercial Arbitration Act.

(5) An arbitration under this section must be by a single arbitrator unless the local government and the owner agree to the appointment of an arbitration panel.

(6) The arbitrator or arbitration panel, in determining whether the owner is entitled to compensation and the amount or form of compensation, must consider

(a) financial and other support available for conservation of the designated property, and

(b) any other benefits that are available because of the designation of the property.

(7) Compensation must not be paid, and an arbitration must not continue, if the local government defeats, or decides not to proceed with, the designation bylaw.

(8) Nothing in this section authorizes the local government to give any financial or other benefit to an owner except that which is commensurate with the reduction in the market value of the designated property caused by that designation.

(9) This section does not apply with respect to property that, immediately before the adoption of the heritage designation bylaw, is already designated under a heritage designation bylaw or under section 9 of the Heritage Conservation Act.

Heritage site maintenance standards

970 (1) A local government may, by bylaw, establish minimum standards for the maintenance of real property that is

(a) designated as protected by a heritage designation bylaw, or

(b) within a heritage conservation area.

(2) Different standards may be established under subsection (1) for different areas or for different types or classes of property.

Designation of heritage conservation areas

970.1 (1) For the purposes of heritage conservation, an official community plan may designate an area as a heritage conservation area to which section 971 (1) applies.

(2) If a heritage conservation area is designated under subsection (1),

(a) the official community plan must

(i) describe the special features or characteristics that justify the designation, and

(ii) state the objectives of the designation, and

(b) either the official community plan or a zoning bylaw must specify guidelines respecting the manner by which the objectives are to be achieved.

(3) If a heritage conservation area is designated under subsection (1), the official community plan may do one or more of the following:

(a) specify conditions under which section 971 (1) does not apply to property within the area, which may be different for different properties or classes of properties;

(b) include a schedule listing buildings, structures, land or features within the area that are to be protected heritage property under this Act;

(c) for the purposes of section 971 (3), identify features or characteristics that contribute to the heritage value or heritage character of the area.

(4) At least 10 days before the public hearing on an official community plan that includes a schedule under subsection (3) (b), the local government must give notice in accordance with section 974 to the owner of each property that is to be included in the schedule, unless the property was already included in the schedule.

(5) Within 30 days after the adoption of a bylaw that includes a property in or deletes a property from a schedule under subsection (3) (b) to an official community plan, the local government must

(a) file a notice in the land title office in accordance with section 976, and

(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 977.

Heritage conservation areas

971 (1) If an official community plan designates a heritage conservation area, a person must not do any of the following unless a heritage alteration permit authorizing the action has been issued:

(a) subdivide land within the area;

(b) start the construction of a building or structure or an addition to an existing building or structure within the area;

(c) alter a building or structure or land within the area;

(d) alter a feature that is protected heritage property.

(2) Subsection (1) does not apply if conditions established under section 970.1 (3) (a) apply.

(3) If a heritage alteration permit is required by subsection (1), a delegate may only act in relation to such a permit if

(a) the property is protected heritage property, or

(b) the permit relates to a feature or characteristic identified under section 970.1 (3) (c).

Division 5 — Heritage Alteration Permits

Heritage alteration permits

972 (1) A local government or its delegate may issue a heritage alteration permit authorizing alterations or other actions if the authorization is required by

(a) this Act or by a bylaw or order under this Act,

(b) a heritage revitalization agreement, or

(c) a covenant under section 219 of the Land Title Act.

(2) The heritage alteration permit may, in relation to protected heritage property or property within a heritage conservation area, vary or supplement provisions of one or more of the following:

(a) [Repealed 2000-7-184.]

(b) a bylaw under Division 7, 10 or 11 of Part 26;

(c) a permit under Division 9 of Part 26;

(d) a bylaw or heritage alteration permit under this Part.

(3) A permit issued under this section prevails over a bylaw or permit referred to in subsection (2) to the extent of any conflict.

(4) The following restrictions apply to subsection (2):

(a) the use or density of use may not be varied;

(b) a flood plain specification under section 910 (2) may not be varied;

(c) in relation to property within a heritage conservation area, the permit must be in accordance with the guidelines established under section 970.1 (2) (b) for the heritage conservation area.

(5) A local government or its delegate may refuse to issue a heritage alteration permit for an action that, in the opinion of the local government or delegate, would not be consistent with the purpose of the heritage protection of the property.

(6) If the refusal to issue a heritage alteration permit prevents the use of land that is allowed under the applicable zoning bylaw or the development of land to the density that is allowed under the applicable zoning bylaw in respect of that permitted use, the local government or delegate must inform the applicant of the requirements or conditions under which a use or density proposed by the applicant in accordance with section 948 (3) would be allowed.

Requirements and conditions in a heritage alteration permit

973 (1) A heritage alteration permit may be made subject to the terms, requirements and conditions that the local government or its delegate considers consistent with the purpose of the heritage protection of the property.

(2) Without limiting subsection (1), a heritage alteration permit may include one or more of the following:

(a) conditions respecting the sequence and timing of construction;

(b) conditions respecting the character of the alteration or action to be authorized, including landscaping and the siting, form, exterior design and finish of buildings and structures;

(c) if the permit is required by this Part or a bylaw or order under this Part, a requirement that the applicant provide a specified amount of security, in a form satisfactory to the local government, to guarantee the performance of the terms, requirements and conditions of the permit.

(3) Interest earned on security under subsection (2) (c) becomes part of the amount of the security.

(4) If a local government considers that the holder of a heritage alteration permit has contravened or failed to comply with a term, requirement or condition of the permit, the local government may undertake and complete the works required to satisfy the term, requirement or condition, or to ameliorate the effects of the contravention or noncompliance, at the cost of the holder of the permit.

(5) The local government may recover the cost of the work undertaken under subsection (4) and the cost of incidental expenses incurred by the local government by applying the security provided under subsection (2) (c) in payment for the cost of the works and incidental expenses, with any excess to be returned to the holder of the permit.

(6) If there is no security deposit or the amount of security is insufficient, the local government may add the cost of works undertaken and incidental expenses, or the remaining costs, to the taxes payable to the local government with respect to the property for the year in which the work is performed.

(7) When a permit lapses or the actions it authorizes are completed, the local government must, subject to subsection (5), return any security provided under subsection (2) (c) to the person who provided it.

(8) If a local government delegates the power to require security under subsection (2) (c), the delegation bylaw must include guidelines for the delegate as to how the amount of security is to be determined.

Division 6 — Notices under this Part

Giving notice to owners and occupiers

974 (1) Any notice required to be given to an owner or occupier under section 970.1 (4) [designation of heritage conservation area] or this Part must be given to the owner or occupier in accordance with this section.

(2) A notice to an owner is sufficiently given to the owner if

(a) it is served personally on the owner,

(b) it is sent by registered mail, or by a method of delivery that provides proof of delivery, to the person's actual or last known address,

(c) in the circumstances described in subsection (4), it is published in accordance with that subsection, or

(d) it is given as authorized by regulation under section 978.

(3) A notice to an occupier is sufficiently given to the occupier if

(a) the notice is given individually to each occupier in accordance with subsection (2), or

(b) the notice is posted on or near the property in accordance with section 975.

(4) If a notice cannot be served personally on an owner or occupier and the person's actual or last known address cannot be determined after reasonable steps for the purpose have been taken, the notice may be given by publication in 2 issues, at least one week apart, of a newspaper having general circulation

(a) in the area where the owner or occupier to be given notice was last known to reside or carry on business according to the information available to the person giving the notice, or

(b) in the area where the land to which the notice relates is situated.

(5) A notice given in accordance with subsection (2) (b) is deemed to be received on the earlier of

(a) the date the person to whom it is sent actually receives the notice, and

(b) the end of 10 days after the date on which the notice was sent.

Posting notice on protected heritage property

975 (1) A local government may authorize a person to post one or more notices on or near

(a) protected heritage property, or

(b) real property subject to temporary heritage protection under section 956, 959, 962, 963 or 964.

(2) Before or when entering land to post a notice, the local government must make a reasonable effort to inform the owner or occupier of the land.

(3) Except as authorized by the local government, a person must not alter or remove a notice posted under the authority of this section.

Notice on land titles

976 (1) A local government must file a written notice in the land title office with respect to the following real property:

(a) property that is subject to a provision under section 343 (1) or 810.1 (1) [repayment requirements in relation to heritage exemptions];

(b) property that is subject to a heritage revitalization agreement;

(c) property designated by a heritage designation bylaw.

(2) On receipt of a notice under subsection (1), the registrar must make a note of the filing on the title of the affected land.

(3) If a provision, agreement or bylaw referred to in subsection (1) no longer applies to property for which a notice was filed under this section, the local government must notify the land title office.

(4) On receipt of a notice under subsection (3), the registrar must cancel the note made under subsection (2).

(5) Notification to the land title office under subsection (1) or (3) must be made in a form satisfactory to the registrar.

(6) The protection of property under this Act is not affected by

(a) an inadvertent and minor error or omission in a notice given by a local government to the registrar in relation to a note on a land title,

(b) an error or omission in a note on a land title, or

(c) a failure by the registrar to make a note on a land title.

(7) In the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making or cancelling of a note under this section,

(a) the registrar is not liable nor is the Provincial government vicariously liable, and

(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.

(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under this section, and section 386 of the Land Title Act applies in respect of those fees.

Notice to minister responsible for the Heritage Conservation Act

977 (1) A local government must notify the minister responsible for the Heritage Conservation Act with respect to the following real property:

(a) heritage property for which a tax exemption is provided under section 342 or 810 [exemptions for heritage properties];

(b) heritage property included under section 970.1 (3) (b) in a schedule to an official community plan;

(c) heritage property identified in a community heritage register under section 954;

(d) heritage property that is subject to a heritage revitalization agreement;

(e) property designated by a heritage designation bylaw.

(2) If the provisions that require that notice must be given under subsection (1) no longer apply to any real property, the local government must notify the minister responsible for the Heritage Conservation Act.

(3) Notices to the minister under subsections (1) and (2) of this section or section 959 (2) must be made in a form satisfactory to that minister.

(4) The protection of property under this Act is not affected by an error or omission in a notice given under this section.

Regulations regarding notices

978 (1) The Lieutenant Governor in Council may make regulations respecting the form, content and means of giving notice under this Part or under section 342 (5), 810 (5) or 880 (4) or (5).

(2) Regulations under subsection (1) may be different for different types of notices and for different types of properties.

Division 7 — Remedies and Offences

Civil remedies in relation to heritage property

979 (1) A local government may apply to the Supreme Court for an order for compliance or restoration if a person does one or more of the following:

(a) without the authority of a heritage alteration permit, does anything for which a heritage alteration permit is required by or under this Act;

(b) fails to comply with the requirements and conditions of a heritage alteration permit;

(c) fails to comply with a direction of the Ombudsman under section 952 (4);

(d) fails to bring property up to the standards established under section 970.

(2) An order under subsection (1) may include one or more of the following:

(a) a requirement that, on terms and conditions the court specifies, the person restore the property to which the matter relates to its condition before the contravention;

(b) a requirement that the person undertake compensatory conservation work as the court considers appropriate on the property that was affected or on other property, or that conservation work be performed by others at the expense of that person;

(c) a requirement that the person comply with a direction under section 952 (4) or with the requirements and conditions of a heritage alteration permit;

(d) a requirement that the person carry out measures specified by the court to ameliorate the effects of the contravention or non-compliance;

(e) an authorization that the local government may, by its employees or others at the expense of the owner, perform work regarding a matter referred to in this subsection;

(f) any other requirement the court considers advisable.

(3) If an order is made under subsection (2) (e), the court may specify how and when the person will reimburse the local government for the cost of the work performed and the cost of incidental expenses accruing under the order.

(4) Without limiting subsection (3), the court may authorize the local government to add the cost of the work undertaken and the cost of incidental expenses under the order to the taxes payable to the local government with respect to the property for the year in which the work is performed.

(5) An order may be made under this section whether or not a person is charged with an offence under section 981 in relation to the matter.

Notice of contravention may be filed in land title office

980 (1) An officer or employee of a local government may recommend to the local government that a notice be filed in the land title office if the officer or employee discovers in the course of duties that any of the following has occurred:

(a) something for which a heritage alteration permit is required by or under this Act has been done without the authority of a heritage alteration permit;

(b) a person has failed to comply with the requirements and conditions of a heritage alteration permit;

(c) the terms and conditions of a heritage revitalization agreement have been contravened;

(d) a covenant registered by the local government under section 219 of the Land Title Act in relation to heritage property has been contravened.

(2) Sections 700 and 701 apply for the purposes of this section as though the person making the recommendation under subsection (1) of this section were a building inspector making a recommendation under section 700 (1).

(3) The authority under subsection (1) is in addition to any other action the person or local government is authorized to take in relation to the matter.

Offences and penalties

981 (1) A person who does any of the following commits an offence:

(a) without the authority of a heritage alteration permit, does anything for which a heritage alteration permit is required by or under this Act;

(b) fails to comply with the requirements and conditions of a heritage alteration permit;

(c) alters property in contravention of a heritage revitalization agreement.

(2) A person convicted of an offence under subsection (1) is liable,

(a) if the person is an individual, to a fine of not more than $50 000 or to imprisonment for a term of not more than 2 years, or to both, or

(b) if the person is a corporation, to a fine of not more than $1 000 000.

(3) If a corporation commits an offence under subsection (1), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence also commits the offence and is liable to the penalty set out in subsection (2) (a) whether or not the corporation is convicted of the offence.


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