Bill 70 — (Se'Cond Session) First Session, 18Th Legislature, 24 Elizabeth Ii the Legislative Assembly of Alberta Bill 70 the Alberta Heritage Amendment Act, 1975 (Legislature 18, Session 1)

L18 S1 5522

Alberta — Bills

1975 Bill 70 (Se'cond Session) First Session, 18th Legislature, 24 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 70 THE ALBERTA HERITAGE AMENDMENT ACT, 1975 HON. HORST SCHMID First Reading Second Reading ............................ . Third Reading , ............................ . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 70 BILL 70 1975 (Second Session) THE ALBERTA HERITAGE AMENDMENT ACT, 1975 (Assented to , 1975) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Alberta Heritage Act, 1973 is hereby ame.nded. 2. The title is struck out and the following title is substi tuted therefor: THE ALBERTA HISTO!RICAL RESOURCES ACT

Section 1 is amended (

a) by striking out clause (

a) and by substituting therefor the following clause.: (a) "archaeological site" means any historic site containing historical resources which are buried or partially buried on· land or submerged or partially submerged beneath the surface of any watercourse or permanent body of water; (

b) as to clause (

b) by striking out the word "Heritage" and by substituting therefor the word "Historic", (

c) as to clause (

e) by striking out the word "Heritage" and by substituting therefor the words "Historical Resources" , (

d) as to clause (

f) by striking out the word "heritage" wherever it appears and by SUbstituting therefor the word "historical", (

e) by striking out clause (

g) and by substituting the following clause: (g) "historical resource" means any work of nature or of man, that is primarily of interest for its palaeontological, prehistorical, historical, cul tural, natural, scientific or a~sthetic. value in cluding, but not limited to, a palaeontological, prehistorical, historical or natural site, struc ture or object;

Explanatory Notes I. This Bill will amend

chapter 5 of the Statutes of Alberta, 1973. 2. The name of the Act will be changed. 3. Consequential amendments to the

definitions.

Section 1, clauses (a), (

g) and (

h) presently read: 1.

In this Act, (a) "archaeological site" means any heritage site containing heritage resources which are the result of the activities of man and which are buried or par tially buried on land or submerged or partially submerged beneath the surface of any watercourse or permanent body of water; (g) "heritage resources" means those works of nature and of man, that are primarily of interest for their historical, cultural, scientific or aesthetic values including, but not limited to, historic, archaeological or natural sites or structures and heritage objects; (h) "heritage" site means any site including or comprising heritage resources of an immovable nature or which cannot be disassociated from their con text without destroying some or all of their value as heritage resources and includes histOriC, archaeological or natural sites or structures;

(

f) by striking out clause (

h) and by substituting the following clause: (h) "historic site" means any site which includes or is comprised of an historical resource of an immovabl-e nature or which cannot be dis associated from its context without destroying some or all of its value as an historical resource and includes a prehistoric, historic or natural site or structur1e; 4. The heading of

PART 1 is amended by striking out the word "HERITAGE" and by substituting there,for the word "HISTORICAL".

Section 2 is amended by striking out the word "heri tage" and by substituting therefor the word "historical".

Section 3 is struck out and the following

section is substituted therefor: 3.

(1) In accordance with The Public Service. Act there may be appointed such employees as may be necessary for the administration of this Act.

(2) The Minister may delegate any of his powers, duties or functions under s'ection 4,

section 5, subsection (1),

section 8 or

section 14 to any employee appointed under subsection (1).

Section 4, subsection (1) is amended (

a) as to clause (

a) by (

i) striking out the words "heritage object" and . by sUbstituting there,for the words "historical object", and (ii) striking out the words "heritage site" and by substituting therefor the words "historic site", (

b) as to clause (

b) by (

i) striking out the words "heritage object" and by substituting therefor the words "historical object", and (ii) striking out the words "heritage site" and by substituting the.refor the words "historic site", and (

c) as to clause (

c) by striking out the word "heritage" and by substituting therefor the word "historical".

Section 5, subsection (1), clause (

b) is amended by striking out the word "heritage" and by substituting there for the word "historical". 2

4. The present heading is "HERITAGE RESOURCES GEN ERALLY". 5. Consequential amendment.

Section 3 presently reads: 3. In accordance with The Public Service Act there may be appointed an Execu tive Director. a Provincial Museum Director. a Provincial Archivist. a Heritage Sites Director, a Provincial Archaeologist and such other persons as may be necessary for the administration of this Act. 7.

Section 4 (1) presently reads: 4.

(1) The Minister may (

a) acquire by purchase. gift, bequest. devise. loan. lease or otherwise any heritage object, building or heritage site; (

b) sell, lease, exchange or otherwise dispose of any heritage object. building or heritage site so acquired; (

c) lend or lease any heritage objects or any other objects acquired under this Act; on such terms as he considers appropriate. 8. Consequential amendment. 2

Section 8, clause (

b) is ame.nded by striking out the word "heritage" and by substituting therefor the word "history" . 10. The heading of

PART 3 is struck out and the follow ing heading substituted therefor: HISTORIC SITES

Section 1J,. is amended (

a) as to clause (

a) by striking out the words "Regis tered Heritage Sites, Classified Heritage Sites and Heritage Monuments" and by substituting therefor the words "Registered Historic Sites, Classified Historic Sites and Provincial Historic Sites", (

b) as to clause (

c) by striking out the words "Heritage Monuments" and by substituting therefor the. words "Provincial, Historic Sites", (

c) as to clause (

g) by striking out the words "heritage sites" and by substituting therefor the words "his toric sites", and (

d) as to clause (

h) by striking out the words "heritage sites" and by substituting therefor the. words "his toric sites".

Section 15 is amended (

a) by striking out subsection (1) and by substituting therefor the following subsection: 15.

(1) The Minister may appoint an Historic Sites Co-ordinating Committee composed of a chair man and such other persons as he considers appro priate. (

b) as to subsection (2) by (

i) striking out the words "Heritage Sites" and by substituting therefor the words "Historic Sites", and (ii) striking out the words "heritage sites" and by substituting therefor the words "historic sites". 13. Se.ction 16 is amended (

a) by striking out subsection (1) and by substituting therefor the following subsections: 16.

(1) There is hereby established an Historic Sites Board composed of those persons appointed from time to time by the Lieutenant Governor in Council. 3

9. Consequential amendment. 10. The present heading is "HERITAGE SITES AND MONU MENTS". II. Consequential amendments. 12.

Section 15 (1) presently reads: 15.

(1) The Lieutenant Governor in Council may appoint a Heritage Sites Co ordinating Committee composed of the Executive Director as chairman and such other persons as the Lieutenant Governor in Council considers appropriate. 13.

Section 16 (1) presently reads: 16.

(1) The Minister may establish a Heritage Sites Board composed of such persons as he may appoint from time to time and may (

a) pr€scribe the term of office of any member, (

b) designate a chairman, vice-chairman and secretary, and (

c) authorize, fix and provide for the payment of remuneration and expenses to the members. 3

(1.1) The Lieutenant Governor in Council may (

a) prescribe the term of office of any mem ber of the Historic Sites Board, and (

b) designate a chairman and vice-chairman, and (

c) authoriz'e, fix and provide for the payment of remuneration and expenses to the mem bers of the Board. (

b) as to subsection (3) by striking out the words "heritage sites" and by substituting therefor the words "historic sites".

Section 16.1 is amended as to subsection (1), clause (

b) by striking out the words "Heritage Sites" and by substituting therefor the words "Historic Sites". 15 .

Section 17 is amended (

a) as to subsection (1) by striking out the words "heritage site" and by substituting therefor the wOTds 'lhistoric site", and (

b) by striking out the words "Registered Heritage Site" wherever they appear and by substituting therefor the words "Registered Historic Site". 16 .

Section 18 is amended (

a) by striking out subsection (1) and by substituting therefor the following subsection: 18.

(1) The Lieutenant Governor in Council upon the recommendation of the Minister may by order designate any historic site whose preserva tion is in the public interest, together with any adjacent land which may be specified in the order, as a "Classified Historic Site". and (

b) by striking out the words "Classified Heritage Site" wherever they appear in subsections (2), (6), (7), (8) and (10) and by substituting therefor the words "Classified Historic Site".

Section 19 is amended (

a) as to clause (

a) by striking out the words "Classi fied Heritage Sites" and by substituting therefor the words "Classified Historic Sites", and (

b) as to clause (

b) by striking out the words "Classi fied Heritage Site" and by substituting there.for the words "Classified Historic Site". 4

14. Consequential amendments. IS.

Section 17 presently reads: 17.

(1) The Minister may, after giving 30 days' notice of his intention to do so, by order designate any heritage site whose preservation is in the public interest, together with such adjacent land as may be specified in the order, as a "Registered Heritage Site".

(2) The Minister shall serve a copy of the order on the owner and register a certified copy of the order in the appropriate Land Titles Office against the title or titles to the land affected by the order.

(3) The designation as a Registered Heritage Site is effective upon the filing of the order.

(4) Upon the registration of an order under subsection (2), no person may, notwithstanding any other Act, destroy, alter, restore, repair, disturb or change any Registered Heritage Site or remove any heritage object from a Registered Heritage Site until the expiration of 30 days from the date of serving notice on the Minister or the Executive Director of his proposed action, unless the Minister sooner consents to the proposed action.

(5) Notice or service on an owner under this

section shall be given personally or by registered mail on the owner of the site as shown in the records of the Land Titles Office.

(6) Where the Minister revokes an order made under subsection (1), he shall serve a copy of the rescinding order on the owner and register a certified copy of the order in the appropriate Land Titles Office the Registrar of which shall make a memorandum on the title or titles to the land concerned cancelling the registration of the order under subsection (1). 16. Consequential amendments. 17. Consequential amendments. 4

Section 22 is struck out and the following

section is substituted therefor: 22.

(1) The Minister may authorize any person to enter at any reasonable hour and after notice to the owner or occupant (

a) any lands for the purpose of (

i) making surveys for, or (ii) inspecting, historic sites which the Minister has reason to be lieve may qualify as a Registered Historic Site or a Classified Historic Site, or (

b) any Classified Historic Site for the purpose of examining, surveying or recording the site or carry ing out excavations and works required for the preservation or development of the site as an his torical resource.

(2) Where the Minister is of the opinion that any op eration or activity which may be undertaken by any person will, or is likely to, result in the alteration, damage or de struction of historical resources, the Minister may order that person (

a) to carry out an assessment to determine the effect of the proposed operation or activity on historical resources in the area where the operation or activity is carried on, (

b) to prepare and submit to the Minister in accordance with the order, a report containing the assessment of the effect of the proposed operation or activity referred to in clause (a), and (

c) to undertake all salvage, preservative or protective measures or take any other action which the Min ister considers necessary. (3 ) Notwithstanding anything in any other Act, where the Minister makes an order under subsection (2) he may also require any municipality or other authority in Alberta, the issuance of whose licence, permit, consent or similar authorization is a condition precedent to the commencement or continuation of the op·eration or activity, to withhold or suspend the licence, permit, consent or other authorization until the Minister is satisfied that any assessment that he has required under subsection (2), clause (

a) or any meas ure or action that he has required under subsection (2), clause (

c) has been carried out to the Minister's satisfaction. ( 4) Where the Minister requires the person to carry out the assessment, prepare and submit the report and under take the salvage, preservation or protective measures re ferred to in subsection (2), clauses (a), (

b) and (c), the Minister may authorize the payment by the Government of all or any part of the cost thereof. 5

18. The purpose of the proposed amendment is to make it clear who pays for the survey ordered by the Minister and also to enable the Minister to require salvage work in addition to the survey and to enable him to require the survey and the salvage work to be completed before building permits and other licences are issued allowing the work to proceed.

Section 22 presently reads: 22.

(1) The Minister may authorize any person to enter, at any reasonable hour and after notice to the owner or occupant, upon (

a) any lands for the purpose of making surveys for or inspecting heritage sites which the Minister has reason to believe may qualify as a Registered Heritage Site or a Classified Heritage Site, or (

b) any Classified Heritage Site for the purpose of examining, surveying or recording the site or carrying out excavation and works required for the preservation or development of the site as a heritage resource.

(2) Where, in the opinion of the Minister, land contains or may contain heritage resources that are likely to be altered, damaged or destroyed by reason of any development or activity he may order a survey of heritage resources to be under taken. 5

Section 23, subsection (1) is amended by striking out the words "heritage sites" and by sUbstituting therefor the words "historic sites".

Section 24 is amended (

a) as to subsection (1) by striking out the words "heritage site" and by substituting therefor the words "historic site", and (

b) by striking out the words "H'eritage Monument" wherever they appear in the

section and by substi stiuting therefor the words "Provincial Historic Site". 21. The heading of

PART 4 is ame.nded by striking out the word "HERIT AGE" and by substituting therefor the words "HISTORICAL RESOURCES".

Section 25 is am, ended by striking out the word "Heritage" and by substituting therefor the words "His torical Resources".

Section 27 is am,ende.d by striking out the words "heritage resources" wherever they appear and by substi tuting therefor the words "historical resources".

Section 30, subsection (2) is amended by striking out the word "Heritage" and by substituting therefor the words "Historical Resources".

Section 35 is amended (

a) as to subsection (1) by striking out the. words "Registered Heritage Site or as a Classified Heri tage Site" and by substituting therefor the ,words "Registered Historic Site or as a Classified Historic Site", and (b) . as to subse.ction (2) by striking out the words "Classified Heritage Site" wherever they appear and by substituting therefor the words "Classified Historic Site".

Section 37, subsection (1) is amended by striking out the words "Classified Heritage Sites or Heritage Monu ments" and by substituting therefor the words "Classified Historic Sites or Provincial Historic Sites". 6

19. Consequential amendment. 20. Consequential amendment. 21. The heading presently reads "THE ALBERTA HERITAGE FOUNDATION". 22. Consequential amendment. 23. Consequential amendments. 24. Consequential amendment. 25. Consequential amendment. 26. Consequential amendments. 6

Section 38 is amended (

a) as to subsection (1) by (

i) striking out the figure "$5,000" and by substi tuting therefor the figure "$50,000", and (ii) by striking out the words "six months" and by substituting the.refor the words "one year", and (

b) by striking out the words "Classified Heritage Site" in subsections (2) and (3) and by substituting therefor the words "Classified Historic Site". 28. This Act comes into force on the day upon which it is assented to. 7

27. This amendment will substantially increase the punishment for contravening this Act or the regulations.

Section 38 (1) pres ently reads: 38.

(1) Every person who contravenes any provision of this Act or the regula tions, the conditions of any permit or any direction of the Minister under this Act is guilty of an offence and is liable on

summary conviction to a fine of not more than $5.000 or to imprisonment for a term of not more than six months or to both fine and imprisonment. 7 Title: 1975 (18th, 1st) Bill 70, The Alberta Heritage Amendment Act, 1975

Document details

Collection	Alberta — Bills
Citation	L18 S1 5522
Type	bill
Volume / chapter	L18 S1 5522
Language	en
Format	json
Source	PROVINCIAL
Identifier	20ff124a1661e983f7c9108f503c2b80ee6f9014

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