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For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

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Heritage Conservation Districts Regulations

made under

Section 26 of the

Heritage Property Act

R.S.N.S. 1989, c. 199

O.I.C. 92-682 (July 14, 1992), N.S. Reg. 138/92

amended to O.I.C. 2000-451 (September 6, 2000), N.S. Reg. 157/2000

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Purpose of a conservation plan

Content of a conservation plan

Content of a conservation by-law

Public participation program for adoption

Background studies and information

Public hearing for adoption, amendment or repeal

Approval procedures

Repeals

Public hearing for certificate

Council decision on certificate

Heritage officer decision on certificate

Conditions on certificate

Appeal period

Citation

1 These regulations may be cited as the Heritage Conservation Districts

Regulations .

Definitions

2 In these regulations

(a) “Act” means the Heritage Property Act ;

(b) “Board” means the Nova Scotia Municipal Board;

(c) “directional emphasis” means the relative emphasis given to the

horizontal and vertical elements in a building elevation or in a

sequence of building elevations;

(d) “district” means a heritage conservation district;

(e) “massing” means the form and shape of the various parts or elements

that comprise a building or structure and their relationship to each

other in the overall design of the building or structure or in a sequence

of buildings or structures;

(f) “registered mail” includes certified mail, signature mail and a service

provided by private couriers commonly known as signature service;

(g) “open spaces” include public and private spaces, parks, gardens,

parade squares, ponds, waterfront areas, streets, parking areas, yards

and areas of vacant or undeveloped land;

(h) “rhythm” means the pattern established by a succession of parts or

elements in a building elevation or in a sequence of building

elevations;

(i) “service infrastructure” means the various public utility services and

structures such as sewerage systems, waterworks, electricity and gas

distribution systems, telephone systems, streets, bridges, tunnels,

parking facilities, sidewalks and other pedestrian pathways, which

together support and service the occupation of a heritage conservation

district and contribute to its physical character;

(j) “setting” means the arrangement of

(

i) open spaces,

(ii) topography,

(iii) vegetation,

(iv) views from public places within the district to places within the

district, and

(

v) other natural or constructed features,

that together comprise the visual and physical surroundings of

buildings in the district, and that may have historic or architectural

significance in their own right;

(k) “symmetry” means the correspondence in size, position and

proportion of the parts or elements of a building elevation or of a

sequence of building elevations, including windows, doors, bays and

chimneys about a dividing line or centre;

(l) “utility structure” means a building or structure housing or supporting

public or private utility equipment or machinery, including but not

limited to, telephone poles, power poles, electrical transformers, street

lighting fixtures, pumping stations, oil tanks, propane tanks and

garbage containers;

(m) “visual balance” means equilibrium in the arrangement of the parts or

elements of a building elevation or of a sequence of building

elevations, including windows, doors, bays or porches, in relation to

each other about a dividing line or centre.

Purpose of a conservation plan

(1) The purpose of a conservation plan is to

(

a) provide statements of policy that address problems and opportunities

concerning the conservation of the historic or architectural value of

buildings and structures in the district and their setting; and

(

b) identify expenditures, initiatives and conservation by-law provisions

for the implementation of the conservation plan.

Content of a conservation plan

(1) A conservation plan may include statements of policy with respect to the

following:

(

a) the conservation, preservation, restoration, rehabilitation, alteration or

redevelopment of buildings or structures and their settings based upon

their historic or architectural value;

(

b) the demolition or removal of buildings or structures in the district;

(

c) the effects of any alteration or redevelopment of the service

infrastructure upon the heritage value of the district;

(

d) the location and architecture of new developments and their settings

in relationship to existing developments and their settings within the

district;

(

e) the conservation of settings;

(

f) tourism and community improvement undertakings in the district;

(

g) relationship of the proposed conservation plan and conservation by-law with other municipal, provincial or federal community planning

or heritage planning policies, regulations or programs, other than

those referred to in clause (

e) of subsection (2);

(

h) the use of agreements as provided for under

Section 20 of the Act;

and

(

i) any other matter relating to the conservation of the historical,

architectural or cultural value of the district.

(2) A conservation plan shall include statements of policy regarding

(

a) the rationale or justification for heritage conservation measures in the

district;

(

b) the rationale for the boundaries of the district;

(

c) the types of development for which a certificate is required;

(

d) the types of development, if any, for which the council shall hold a

public hearing pursuant to subsection (5) of

Section 19G of the Act;

and

(

e) the relationship of the proposed plan and by-law with any municipal

planning strategy, land use by-law, subdivision by-law or provincial

land use policy or regulation in effect for the district.

Content of a conservation by-law

(1) A conservation by-law shall include

(

a) a description of the boundaries of the district by the use of a map or

text adequate to identify the area;

(

b) a list of those types of development for which a certificate is required,

that may include any or all of the following:

(

i) the construction of new buildings or structures,

(ii) the substantial alteration, restoration or rehabilitation of existing

buildings or structures,

(iii) the demolition or removal of buildings or structures,

(iv) the construction, relocation, reconstruction, substantial

alteration, demolition or removal of fences, walls, steps,

staircases or other structures that may affect or contribute to the

heritage value of the district,

(

v) the construction, relocation, reconstruction, substantial

alteration, demolition or removal of utility structures,

(vi) the construction or placement of signage that may affect or

contribute to the heritage value of the district,

(vii) the substantial alteration of the exterior colour of existing

buildings or structures,

(viii) the planting, placement or removal of trees, hedges, shrubs or

other vegetation that may affect or contribute to the heritage value

of the district,

(ix) the substantial alteration of grade; and

(

c) the form and content of an application for a certificate including, where

applicable, a site plan and a graphic representation of buildings or

structures.

(2) A conservation by-law may specify developments for which no certificate is

required.

(3) A conservation by-law may include design guidelines, which may include any

or all of the following:

(

a) aspects of the architectural design, character or external appearance of

buildings or structures including, but not restricted to, facade design,

scale, proportion, bulk, height, massing, symmetry, visual balance,

rhythm, directional emphasis, number of storeys, ground area, roof

shape, exterior materials, appearance and placement of utility structures,

architectural details or ornamentation;

(

b) the location or arrangement of buildings or structures in relation to their

setting;

(

c) the design, location or arrangement of fences, walls, steps, staircases or

other structures that may affect or contribute to the heritage value of the

district;

(

d) landscape design and the placement, location or arrangement of trees,

hedges, shrubs and other vegetative features of the district in relation to

their setting;

(

e) the location, or placement design of signage that may affect or

contribute to the heritage value of the district;

(

f) the exterior colour of buildings or structures.

(4) A conservation by-law shall include

(

a) a list of the types of development for which the heritage officer may

issue a certificate directly in accordance with the conservation by-law,

and which does not require a public hearing;

(

b) a list of the types of development, if any, for which the council shall

hold a public hearing.

Public participation program for adoption

(1) Before undertaking the preparation of a conservation plan and by-law, a

council shall adopt, by resolution, a public participation program.

(2) The content of a public participation program shall be at the discretion of the

council, but it shall identify opportunities and establish ways and means of

seeking the opinions of the public with respect to the proposed conservation

plan and by-law.

(3) The public hearing held pursuant to subsection (3) of

Section 19A of the Act

shall not be considered a part of the public participation program adopted

pursuant to this Section, and the public participation program shall be

concluded prior to the publication of the advertisement notifying of council's

intention to adopt a conservation plan and by-law.

(4) A council may adopt separate public participation programs for the

preparation of conservation plans and by-laws for different districts.

Background studies and information

(1) In the preparation of a conservation plan and by-law, the council as a

minimum shall undertake studies relating to the following:

(

a) the rationale or justification for heritage conservation measures in the

district;

(

b) the rationale for the boundaries of the district;

(

c) the relationship of a conservation plan and conservation by-law with any

municipal planning strategy, land-use by-law or provincial land-use

policy or regulation in effect for the district; and

(

d) an analysis of the social and economic implications of the establishment

of the district, as these relate to clause (a).

(2) After acceptance by a council of background studies prepared pursuant to this

Section, the council shall provide public access to the studies and provide two

copies of the studies to the Minister.

(3) Within sixty days of the receipt of the studies, the Minister may prescribe

additional background studies.

(4) The Minister shall advise the council when no additional studies are required.

Public hearing for adoption, amendment or repeal

(1) Before adopting a conservation plan and by-law, a council shall hold a public

hearing at which oral and written submissions regarding the proposed

conservation plan and by-law are received.

(2) The council shall cause notice to be given of the public hearing and of its

intention to adopt a conservation plan and by-law by an advertisement

inserted at least once a week for two successive weeks in a newspaper

circulating in the area of the district, the first of such notices to be published at

least twenty-one clear days before the date fixed for the public hearing.

(3) The council shall cause notice of its intention to adopt a conservation plan and

by-law to be delivered by personal service upon or by ordinary mail to each

assessed owner, or any subsequent owners shown on the records in the

regional assessment office, of property within the proposed district at least

twenty-one clear days before the date fixed for the public hearing.

(4) The notices required by subsections (2) and (3) shall

(

a) describe the proposed district by metes and bounds, by a plan, map or

sketch or other description adequate to identify the district;

(

b) give a synopsis of the proposed conservation plan and by-law and the

effect of the conservation by-law on development of the property; and

(

c) state the date, time and place fixed for the public hearing and the place

where and hours during which the proposed conservation plan and by-law may be inspected by the public.

(5) The council shall provide copies of the proposed conservation plan and by-law or a portion thereof to interested persons and may charge an amount for

copies sufficient to recover the cost of reproduction of copies provided.

Approval procedures

(1) Upon the adoption of a conservation plan and by-law, four duly certified

copies each of the plan and by-law shall be submitted to the Minister for

approval together with

(

a) one duly certified copy of the resolution of council adopting a program

of public participation;

(

b) copies of the two newspaper notices notifying of the intention of council

to adopt;

(

c) one copy of the notice served on property owners; and

(

d) one copy of any written submissions received by council,

and the clerk of the municipality shall provide, by statutory declaration, proof

of compliance with the resolution of council adopting a program of public

participation, and with the public hearing and notice requirements contained

in the Act and these regulations.

(2) Upon approval by the Minister of a conservation plan and by-law, the council

shall

(

a) cause a notice to be published in a newspaper circulating in the district

stating that the conservation plan and by-law have been approved, their

effective date and the place where they may be inspected;

(

b) transmit a copy of the notice to the Minister; and

(

c) cause a copy of the conservation plan and by-law, signed by the

Minister, to be filed in the office of the registrar of deeds for the

registration district in which the district is situated, without proof of the

signature or the official character of the Minister.

(3) Section 19A of the Act and Sections 3 to 9 inclusive of these regulations

apply mutatis mutandis to the amendment of a conservation plan and by-law.

(4) Notwithstanding subsection (3), the Minister may waive or change the

requirement for studies in subsection (1) of

Section 7, where Council is

proposing to amend a conservation plan or by-law.

Repeals

10 (1) Subsections (1), (2) and (4) of

Section 8, clauses (

b) and (

d) of subsection (1)

and subsection (2) of

Section 9 apply mutatis mutandis to the repeal of a

conservation plan and by-law.

(2) In the case of a repeal of a conservation plan and by-law, no background

studies are required, but the notices required pursuant to subsection (2) of

Section 8 shall contain the reason for the repeal.

Public hearing for certificate

(1) The council shall cause notice to be given of a proposed development and of

its intention to consider the application for a certificate by a notice to be

published at least once a week for two successive weeks in a newspaper

circulating in the area of the district, the first of such notices to be published at

least twenty-one clear days before the date fixed for the public hearing.

(2) The notice required by subsection (1) shall

(

a) describe the location of the proposed development by civic number, by a

plan, map or sketch or other description adequate to identify the

location;

(

b) give a description of the proposed development; and

(

c) state the date, time and place fixed for the public hearing and the place

where and hours during which information pertaining to the proposed

development may be inspected by the public.

Council decision on certificate

(1) Subject to subsection (2) and subsection (2) of

Section 19F of the Act, the

decision of the council to approve or deny the application for a certificate

shall be made, by resolution, after consideration of any submissions received

and shall be by a majority vote of those councillors present when the vote is

taken, but only those councillors present at the public hearing may vote upon

the application.

(2) Where the council considers an application for a certificate other than one for

demolition or removal of a building or structure, the council shall approve the

application if it meets the requirements of the conservation by-law, including

applicable portions of any design guidelines.

(3) Where the council denies the application for a certificate or approves the

granting of the certificate with conditions imposed, the council shall include

in the resolution the reasons for the denial or imposition of conditions, as the

case may be.

(4) The council, by resolution, may specify conditions that shall attach to the

granting of the certificate and the reasons for the conditions, and subsection

(2) of

Section 14 applies to those conditions.

(5) Upon the making of a decision to approve, approve with conditions or deny

the granting of a certificate,

(

a) the council shall cause notice to be published in a newspaper circulating

in the district stating its decision and setting out the right of appeal; and

(

b) the clerk of the municipality shall serve on the applicant, by personal

service or registered mail, a copy of the resolution containing council's

decision and reasons therefore, where required.

Heritage officer decision on certificate

(1) When the heritage officer decides to grant a certificate without conditions, the

heritage officer shall notify the applicant of the decision by ordinary mail or

personal service.

(2) When the heritage officer decides to grant a certificate subject to conditions or

decides not to grant a certificate, the heritage officer shall, by registered mail

or personal service, notify the applicant of the decision and the applicant’s

right to appeal.

(3) Unless the contrary is proved, any documents served by ordinary mail shall be

deemed to be served, delivered or received,

(

a) where the delivery is local, on the third day following that upon which

the letter, envelope or wrapper containing the document was posted; or

(

b) where the delivery is not local, on the day the document would in the

normal course of post be delivered,

and in proving such service it shall be sufficient to prove that the letter,

envelope or wrapper containing the document was properly addressed and

mailed with the correct postage.

Conditions on certificate

(1) A certificate may be granted unconditionally or with conditions.

(2) Where a certificate is granted with conditions, the conditions shall

(

a) relate to the development permitted by the certificate;

(

b) be for a heritage conservation purpose; and

(

c) be in accordance with the design guidelines.

(3) Without limiting the generality of subsections (1) and (2), the conditions

subject to which a certificate may be granted include conditions with respect

(

a) the use of specific materials on or in a building or structure;

(

b) the filing with the heritage officer of acceptable photographic or other

documentation of a building or structure before its demolition or

restoration, rehabilitation or alteration;

(

c) the making good, after work is completed, of any damage caused to the

building or structure by the work;

(

d) restoration, rehabilitation or alteration of a building or structure or any

part of it following the execution of work, with the use of original

materials or acceptable alternatives;

(

e) the preservation of or alteration in the design of buildings and structures;

(

f) the site plan;

(

g) the graphic representation of the proposed buildings and structures;

(

h) type, species and placement of vegetation;

(

i) the placement and design of signage; and

(

j) the exterior colour of buildings and structures.

Appeal period

15 An appeal concerning the refusal of a certificate or the granting of a certificate with

or without conditions by either the heritage officer or council shall be served on the

Board within twenty-one days of the date of the publication of the notice of the

refusal or granting in the newspaper.

Legislative History

Reference Tables

Heritage Conservation Districts Regulations

N.S. Reg.

138/1992

Heritage Property Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Heritage Conservation Districts Regulations made

under the Heritage Property Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

138/1992

Jul 14, 1992

date specified

Aug 7, 1992

107/1995

Jul 11, 1995

date made

Aug 4, 1995

128/1999

Nov 25, 1999

date made

Dec 17, 1999

157/2000

Sep 6, 2000

date made

Sep 22, 2000

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

8(3) ...................................................

am. 128/1999

9(4) ...................................................

am. 157/2000

13 ......................................................

rs . 107/1995

13(1) .................................................

rs . 157/2000

13(2) .................................................

rs . 157/2000

13(3) .................................................

am. 157/2000

15 ......................................................

am. 107/1995, 157/2000

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

The reference in the definition of “Board” to the Nova

Scotia Municipal Board should be read as references to the Utility and Review

Board in accordance with s. 47 of the Utility

and Review Board Act , S.N.S. 1992, c. 11, effective on proclamation (N.S.

Reg. 269/1992).

Dec 14, 1992

The reference in the definition

of “Board” to the Nova Scotia Municipal Board should be read as a reference

to the Regulatory Appeals Board under the Energy and Regulatory Boards Act ,

S.N.S. 2024, c. 2, Sch A, in accordance with amendments to the Act made by

Part XX of the Energy Reform

(2024) Act , S.N.S. 2024, c.2, which

replace references to the Board in the Act effective on proclamation (N.S.

Reg 233/2024) .

Apr 1, 2025

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.