Bill 54 — Second Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 54 the Alberta Heritage Act, 1973 (Legislature 17, Session 2)

L17 S2 5188

Alberta — Bills

1973 Bill 54 Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 54 The Alberta Heritage Act, 1973 MR. HARLE First Reading ............................. . Second Reading ............................. . Third Reading ............................. . Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 54 Mr. Harle BILL S4 1973 THE ALBERTA HERITAGE ACT, 1973 (Assented to , 1973) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foHows: 1. In this Act, (a) "archaeologic:al site" me'ans any heritage site con taining heritage resources which are the result of the activities 'of man and which are buried or par tially buried on land or subm,erged or partially sub merged beneath the surface of any watercourse or permanent body of w'ater; (b) "Board" means the Heritage Sites Board; (c) "department" m'eans a department of the public service of Alberta and includes (

i) any board, commisls'ion or organizational unit :that forms part of the pub:Uc service of Alberta but that is not part of any department, (ii) any corporation that is an agent of the Crown in right of Alberta, (iii) any corporation, commission, board or other body empowered to exercise judicial or quasi judicial or governmental functions and whose membe~s 'are appointed by

an Act of the Leg islature, ,ifue Lieutenant Governor in Council, or a Minister of the Crown, or any combination thereof, and (i

v) any ,court established by the Province; (d) "donation" indudes any gift, testamentary disposi tion, deed of trust or other form of contribution; ( e) "Foundamon" means The Alberta Heritage Found ation; (f) "heritage object" means any heritage resource of a movable nature including any specimen, artifact, document or work of art; (g) "heritage resources" means those works of nature and of m~an, that are primarily of interest for their histori1cal, cultural, g,cientific or 'aesthetic values in-

Explanatory Notes I.

Definitions.

cluding, but not limited to, historic, archaeological or natural sites or structures and heritage objects; (h) "heritage site" means any site including or com prising heritage resources of an immovable nature or which cannot be disassociated from their con text without destroying some or aU of their value as heritage resources and includes historic, ar chaeological or natural sites or structures; (i) "Minister" means the member of ,the Executive Council charged with the administration of this Act; (j) "person" includes any department; (k) "public records" means all original documents, parchments, manuscripts, records, books, maps, plans, photographs, magnetitc tapes or other docu mentary materials regardless of physical form created in the administration of the public affairs 'Of the Province by any department; (1) "records management" means a program instituted to provide economies and efficiency of operation in handling records by the establis:hm,ent of controls in respect of the quantity and quality of records, the organization of files and the maintenance and disposition or records.

PART 1 HERITAG,E RESOURCES GENERALLY 2. The Minister is responsible for (

a) the co-ordina"tion of the orderly development, (

b) the preservation, (

c) the study and

interpretation, and (

d) the promotion of 3Vpreciation of Alberta's heritage resources. 3. In accordance with The Public Service Act there may be appointed an Executive Director, a Provincial Museum Direct.or, a Provincial Archivist, a Heritage Sites Director, a Provincial Archaeologi,st 'and such other persons as may be necessary for the administration of this Act. 4.

(1) The Minister may (

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

b) seN, lease, e~change or otherwise dispose of any heritage object, building or heritage site so ac quired; 2

'2. Responsibilities of the Minister. 3. Administration and personnel. 4. Acquisition of property. 2

(

c) lend Gr lease any heritage Gbjects or any other ob j ects acquired 'Under this A,ct; on such terms as he ,considers appropriate.

(2) The Minister may acquire by gift, devise, bequest or loan, any building, site Gr Gther thing 'Of historic, scientific or artistic interest whether Gr n'Ot having a bearing on the heritage of Alberta. 5.

(1) The Minister may (

a) exhibit and display the property acquired under this Act, including exhibitions outside Alberta as he con sider,s desir-able, (

b) classify, preserve, index andcata1logue the heritage resources and other property acquired under this Act, (

c) for the purpGse 'Of public sale (

i) cause to be prepared or acquired books, pamph lets, souvenirs, 'phGtographs, reproductions and similar i,tems, and (ii) oause information and s,tudies to. be compiled or prepared, (

d) undertake, support or spGnsor educational or re search programs relevant to the purposes of this Act, (

e) provide assistanoe, ,advisory services and training programs to ind[vidua1s, institutions, agencies and Grganizations in Alberta having Isimilar aims and objectives to this A'ct, and (

f) do or authorize to. be done all other things which are incidental to o.r 'conducive to. the attainment Gf the purposes and ob}e1cts of this Act.

(2) The ~/.Iinister may make regulations (

a) fixing the times, terms and cGnditions of public access to. coHections, prGperty and 'locations under his c'O ntrol , (

b) respecting the use and protection of property under his control, (

c) fixing the sale price of items ,sold pursuant to. this Act, (

d) fixing tariffs Gf 'Charges for services rendered under this Aet, and (

e) generally for the operation, 'cGnduct and manage ment 'Of properties under his contr'Ol. 6.

(1) From moneys appropriated by the Legislature for the purpose, the Minister may, suhject to the r-egula tions, m'ake a grant to any organization having purposes simN;ar to. those of this Act. 3

5. Powers of the Minister. 6. Grants. 3

(2) The Lieutenant Governor in Council may make reg ula,tions (

a) prescribing the pu~poses for which grants may be made under this section, and (b) 'limiting the maximum a,mount payable as grants. 7.

(1) The Minister may appoint committees from time to ,time as he considersadv,isahle or necessary for the pur poses of this Act.

(2) The Mini,s,ter may, with respect to any board or com mi,uee established under this section, (

a) appoint or provide for the manner of appointment of its members, (

b) prescdbe the term of office of amy member, (

c) designate a chairman, vke-chairman and ,secretary, and (

d) authorize, fix and provide for the payment of re muneration and expenses to members. 8. The Minister may (

a) provide for the operation, maintenance and de velopment of The Provincial Museum of Alberta; (

b) cause to be exhibited and displayed specimens, artifaots, documents and works of art depicting the heritage of Alberta, or such other subjects as may be of public interest from time to time; (

c) receive from other institutions, produce, -exchange and display loan land 'Circulating exhibits for use both in and out of A'lberta; (d) (e) (f) (

g) undertake, support or sponsor educationa,l and re search programs relevant to the purposes of this Part; publish information and studies; co-operate with other agencies and societies and in particular, provide advisory services, training, grants and assistance to museums in Alberta; maintain and operate museums placed under ~is care and Icus1tody and enter into agreements wIth other institutions, agencies and organizations for the operation of museums. 4

7. Power to appoint committees. 8. Mus'eum obj,ects.

PART 2 PUBLIC RECORDS MANAGEMENT 9. The Minister is responsible for (

a) the preparation and imp1ementation of an inter departmental records mana,gem·ent program; (

b) the provision and maintenance of the Provincial Archives of Alberta for (

i) the acquisition and preservation of documents ,concerning Alberta; (ii) the preservation and storage of pubUc records; (iii) the preservation and stoooge of other docu ments in alccordance with the regulations; (

c) the dest~uction of IPuhHc r1eoords upon the advice of the Public Records Committee; (

d) the provision of such other service,s as may be re quired from time to time in furthering the purposes of this Act. 10.

(1) There shall he a Committee to he known as the Public Records Committee which shaH consist of (

a) the deputy of the Minister, who shall be chairman, (

b) a representative of the Attorney General, who shall be vice-chairman, (

c) the Provincial Archivist, who ,shaH be secretary, (

d) a representative of the Provincial Auditor, and (

e) such other members of the .public service as may be appointed by the Lieutenant Governor in Council.

(2) The Public Records Committee may, subject to the regulations, (

a) establish disposition ,g'chedules including retention, destruction or transfer to the Provincial Archives of public records; (

b) authorize the destruction of any public record that is no longer required for any purpose. 11.

(1) Subject to the regulations, any puhlic record in the possession of a department shall be dealt with by the department in accordance with the disposition schedules established by the Public Records Committee.

(2) Each department shall appoint an employee of the department to aict as a records off~cer and to be respon sible for aN aspects of reoords management within that d~ partment with the advice and assistance of the PublIc Records Committee. 5

9. RespO'nsibility O'f the Minister in the area O'f public and other recO'rds. 10. Establishment and responsibility O'f Public RecO'rds Com: mittee. II. Departmental handling of public records. 5

12. The Lieutenant Governor in Council may make regulations (

a) designating any document or class of ,documents to be or nDt to he a pUbliic record for the purpDses of this A'ct; (

b) governing the preservation Dr destruction of any pubHc recDrd or dass of public records; (

c) prohibiting or r'e,stricting access to public recDrds; (

d) designating publ[ic bodiels who shaH be required to preserve their records, the nature of the records to. be preserved, the period of time they are to. be preserved ,and prDviding fDr their preservatiDn by the Provincial Archives of Alberta if necessary; (

e) resp,ecting any other matter necessary to ,give effect to. the intent of this Part. 13. A 'copy of any original public record Dr other dDCU ment in the custody of the Provincial Archives .of Alberta, certified by the Provinda[ Archivist to be a true 'copy, shaH be admitted in evidence as prima facie proof of the auth enticity and correctnesls of the docmment and of the con tents 'Of the Driginal without proof of the signature Df the PrDvincial Archivist Dr of his appointment. 6

12. Regula,tions. 13. Copies of Archives records -as evidence. 6

PART 3 HERITAGE SITES AND MONUMENTS 14. The Minister may (

a) undertake programs of research into and documen tation of matters relating to the heritage of Alberta and maintain recQDds of Registered Heritage Sites, Classified Heritage Sites and Heritage Monuments; (b) 'Place markers, signs, <cairns or other interpretive facilities in any suitable location for the interest and guidance of the public; (

c) administer, maintain, restore, record, conduct research and educationa,l services, provide inter pretive exhib[ts and earry out any functions re quired in the proper management and interpreta tion of Heritage Monuments; (

d) carry 'Out surveys, investigate, document and ex cavate a,ny site in Alberta; (~) report on the investigation, documentation or ex cavation of any site; (

f) enter into agreements with perSQns to carry out sur veys and excavations and prepare reports thereon; (

g) co-operate with other agencies, :SQcieties or persons in carrying out any program likely to promote or enhance the preservation, protection and interpre tation of heritage sites; (

h) provide programs for the information and benefit of persons interested in ar'chaeology or the con servation of heritage sites. 15.

(1) The Lieutenant Governor in Council may ap PQint a Heritalge Sites Co-ordinating Com.mittee composed of the Executive Director as Ichairman and such 'Other per sons as the Lieutenant Governor in Council considers ap propriate.

(2) The Heritage Sites Co-ominating Committee shaH establish liaison between and co-ordinate the activities of departments in relation to actions and programs which may have effect on the preservation and development of heritage sites. 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) prescribe 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 re muneration and expenses to the members. 7

14. Responsibility of the Minister in relation to heritage sites. 15. Heritage Sites Co-ordinating Committee established. 16. Heritage Sites Board established. 7

(2) A major1ity of the members of the Board constitutes a quorum but the Board may form, from among its mem bers,committees to make studies and recommendations to the Board.

(3) The Board shall advise and make recommendations to the Minister on matters concerning the preservation and protection of heritage sites in Alberta. 170

(1) The Minister may, after consulta Hon with the Board, by order designate any heritage site whose preserva tion 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 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 ef fective 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 Register ed Heritage Site until the expiration of 14 days from the date of serving notice on the Minister of his proposed action, unless the Minister sooner consents to the proposed action. 18.

(1) The Lieutenant Governor in Council may by order designate any heritage site whose preservation is in the public interest, together with such adj acent land as may be specified in the order, as a "Classified Heritage Site".

(2) The Minister shall (

a) serve notice of his intention to recommend the des ignation of any site as a Classified Heritage Site personally or by registered mail on the owner of the site as shown in the records of the Land Titles Office, and (

b) publish the notice of intention in the Alberta Gazette, at least 60 days prior to the date of making the recommend ation.

(3) A notice under subsection (2) shall contain an ade quate description of the site which is proposed to be desig nated so that it may be easily ascertainable and a statement of the reasons for the proposed designation.

(4) Any interested person may, within 30 days of the publication of the notice in the Gazette, advise the Board that he wishes to make representations concerning the proposed designation.

17. Establishment of Regilstered Heritage Sites. 18. Establishment of Classified Heritage Site. 8

(5) At the conclusion of the 30-day period the Board shall notify all persons who have advised the Board of their in tention to make representations of a date fixed by the Board for the hearing of the representations which shall be not less than 15 days prior to the date the Minister proposes making the recommendation and the Board may then confirm, re verse or vary its recommendation for the making of the order.

(6) If no representations are made or if the Board, after hearing any representations, confirms or varies its recom mendation, the Minister may proceed to recommend to the Lieutenant Governor in Council that an ,order be made des ignating the area as a Classified Heritage Site and as soon as possible after the making of the order the Minister shall (

a) register a certified copy of the order in the approp riate Land Titles Office against the title or titles to the land affected by the designation, and (

b) cause a notice of the designation including an ade quate description of the site to be published in the Alberta Gazette.

(7) The designation as a Classified Heritage Site is effective upon the registration of the order.

(8) Upon the registration of an order under subsection (6), no person may, notwithstanding any other Act, destroy, alter, restore, repair, disturb or change any Classified Heritage Site or remove any heritage object from a Class ified Heritage Site without the written approval of the Minister.

(9) The Minister may, in his absolute discretion, refuse to grant an approval under subsection (8) or may make the approval subject to such conditions as he considers appropriate.

(10) The owner of any property comprising in whole or in part a Classified Heritage Site shall, at least 30 days before commencing any sale or other disposition of the property, serve notice of the proposed sale or other dis position upon the Minister and the owner !may complete the sale after the 30-day period if the Minister has not within that period offered to purchase the property at its fair market price.

(11) In the event that the owner and the Minister cannot agree on the fair market price of any property under sub section (10), the matter shall be submitted to the Public Utilities Board for determination.

(12) Upon service of a notice of intention under sub section (2), the provisions of subsections (8) to (11) apply to the site as if an order had been made and registered, but such provisions shall cease to be applicable to the site at the expiration of 90 days unless the site is so designated by order of the Lieutenant Governor in Council within that period. 9

19. The Minister may (

a) make regulations governing standards of mainten ance of Classified Heritage Sites, and (

b) by order require specific repairs or other measures to be made or taken to preserve any particular Classified Heritage Site. 20.

(1) The Minister may issue archaeological research permits authorizing the person named therein to make excavations on a Registered Heritage Site or on a Classified Heritage Site or on any Crown land.

(2) No persons may make excavations on any lands in Alberta for the purpose of seeking archaeological objects or remains without holding a valid and subsisting archaeo logical research permit.

(3) An archaeological research permit shall be subject to the following conditions: (

a) the holder shall, within such time as may be spec ified upon the permit, furnish to the Minister a progress report on the work done in such detail as the Minister may require, (

b) the holder of a permit shall, after completion of the excavation, restore the site to its normal condition insofar as it is reasonably possible to so do unless the Minister otherwise authorizes, and (

c) the holder shall deliver possession of all heritage objects recovered while excavating pursuant to the archaeological research permit to any public in stitution which the Minister may designate, and to such other conditions as the Minister may consider necessary.

(4) An archaeological research permit is valid for the period specified in the permit but may be sooner cancelled by the Minister if he is of the opinion that the holder of the permit is not complying with the conditions specified on the permit or with any provision of this Act or the reg ulations. 21.

(1) The issue of an archaeological research permit does not thereby authorize the holder of the permit to enter upon any land.

(2) No liability attaches to the Crown by reason of the issue of an archaeological research permit. 22.

(1) The Minister may authorize any person to enter, at any reasonable hour and after notice to the owner or occupant, upon 10

19. Maintenance. 20. Excavations prohibited without peTmit. 21. Effect of issue of permit. 22. Right of entry. 10

(

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 Her itage Site or a Classified Heritage Site, or (

b) any Classified Heritage Site for the purpose of ex amining, surveying or recording the site or carry ing out excavation and works required for the pre servation 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 undertaken. 23. The Minister may make grants to owners of heritage sites and may make such grants conditional upon such terms as he considers necessary or appropriate. 24.

(1) The Lieutenant Governor in Council may by order designate any heritage site wholly situated on Crown lands as a "Heri,tage Monument".

(2) The Minister may, after consultation with the Board, (

a) restore, alter or demolish any structures located within a Heritage Monument, (

b) determine the times, terms and conditions under which the public is admitted to any Heritage Monument, and (

c) make any regulations necessary for the proper management and development of the Heritage Monument. 11

23. Grants. 24. Establishment of Heritage Monuments. 11

PART 4 THE ALBERTA HERITAGE FOUNDATION 25.

(1) There is hereby established a body corporate with the name "The Alberta Heritage Foundation" consist ing of a board of directors of nine pers'ons and such other per sons as become members of the Foundation.

(2) The board shall consist of (

a) six directors appointed by the Lieutenant Governor in Council to serve for such term as may be desig nated in their respective appointments, and (

b) three directors elected by the members from the general membership to serve for a period of two years.

(3) The first board shall be a provisional board composed of six directors appointed by the Lieutenant Governor in Council for a period of six months.

(4) A majority of the directors constitutes a quorum.

(5) No member of the board shall receive any remuner ation for his services but any member may receive payment from the funds of the Foundation for his necessary travel ling and subsistence expenses incurred by him while absent from his ordinary place of residence and engaged on the business of the Foundation. 26. The directors- of the Foundation may, with the ap proval of the Minister, make by-laws (

a) governing the administration of the Foundation and its funds; (

b) prescribing the conditions of membership in the Foundation and fixing the amount of dues payable by members; (

c) establishing such honorary offices as they consider desirable and governing the appointment of persons thereto; (

d) establishing terms and conditions governing the management of property belonging to the Founda tion; (

e) governing the making of gr~nts and the provision of technical and advisory services in furtherance of the objectives of the Foundation and prescribing the terms and conditions thereof; (

f) relating to any other matter necessary for carrying out the objectives of the Foundation. 27. The objects of the Foundation are: (

a) to receive, acquire by purchase or donation, hold, preserve, maintain, restore and manage heritage 12

25. E~stablishment of The Alberta Heritage Foundation. 26. By-laws of the Foundation. 27. Objectives of the Foundation. 12

resources for the use, enj oyment and benefit of the people of Alberta; (

b) to support and contribute to the acquisition, holding, preservation, maintenance, reconstruction, restora tion and management of heritage resources by any person for the use, enjoyment and benefit of the people of Alberta; (

c) to inform and stimulate the interest of the public in historical, architectural and other related matters through any suitable means; (

d) to contribute to the increase and diffusion of knowl edge about the history and culture of Alberta through any suitable means; (

e) to provide the people of Alberta with an opportunity to become directly involved in the programs of the Foundation. 28. In furtherance of its objects, the Foundation has power: (

a) to acquire real or personal property, whether by purchase, donation, lease, public subscription, grant, bequest or otherwise; (

b) to hold, preserve, maintain, renovate, restore and manage the real and persona] property of the Foundation; (

c) to enter into agreements with any person respecting any matter within the objects of the Foundation; (

d) to engage the services of such persons as are con sidered necessary for the operations of the Founda tion; (

e) to make grants or subsidies to any person within the obj ects of the Foundation; (

f) subject to the terms of any agreement made as a condition of acquisition, to dispose of any property by sale, lease or any other manner and to execute such deeds or other instruments as may be required to effect such disposal; (

g) to invest its funds in such classes of securities as trustees are permitted to invest in under The Trustee Act; (

h) to borrow money upon the credit of the Foundation from time to time; (

i) to publish or produce and distribute books, pamph lets, films, or any other productions which contrib ute towards the 'Objects of the Foundation; (

j) to conduct membership campaigns and public sub scriptions for funds to carry out the objects of the Foundation. 13

28. Powers of the Foundaltion. 13

(1) The Foundation shall maintain a fund which shall consist of moneys received by it from any source, in cluding such revenues as the Foundation may receive.

(2) The Foundation may disburse, expend or otherwise deal with any portion of its fund for the purposes of any of the objects of the Foundation and to defray any expenses in connection therewith. 30.

(1) The real and personal property, business and in come of the Foundation are exempt from all assessment and taxation made, imposed or levied by or under the authority of any Act of the Legislature, and such exemption extends to any person registered as a charitable organization under the Income Tax Act (Canada) who leases any property of the Foundation under

section 28, clause (f).

(2) The Alberta Heritage Foundation is an agent of the Crown in right of Alberta. 31. The accounts and financial transactions of the Foun dation shall be audited annually by the Provincial Auditor. 32. The Minister may, out of moneys a.ppropriated by the Legislature for that purpose, make grants to the Founda tion at such times, and in such amounts, and upon such terms and conditions as he deems advisable. 33.

The Foundation shall, as soon as possible after De cember 31st of each year, present to the Minister an annual report of its operations and the Minister shall lay a copy of the report before the Legislative Assembly, if it is then in session, and if not, within 15 days after the commencement of the next ensuing session. 34.

Upon the recommendation of the Minister, the Lieu tenant Governor in Council may from time to time and upon such conditions as he considers proper, authorize the Provin cial Treasurer to guarantee on behalf of the Province the due payment of all or any part of any sum borrowed by the Foundation for the purpose 'Of earrying out its objects, including interest. 14

29. Finances of the Foundation. 30. Exemption. 31. Audit. 32. Grants to the Foundation. 33. Annual reports. 34. Guarantees of Foundation's borrowing. 14

PART 5 GENERAL 35.

(1) Where the Minister is of the opinion that any person is engaged in an activity which he considers likely to result in damage 'Or destruction to any site which could be designated as a Registered Heritage Site or as a Classified Heritage Site the Minister may issue an 'Order (in this sec tion called a "Temporary Stop Order") requiring that person to cease the activity or such portion thereof as the Minister may specify in the Temporary Stop Order for a period not exceeding 15 days.

(2) Where it appears that the site qualifies for designa tion as a Classified H'eritage Site, the Lieutenant Governor in Council may, on the recommendation of the Minister, order suspensi'On of the activity or any part thereof for a further !specified period in 'Order to all'Ow salvage, recording or excavation of the site and investigati'On of alternatives to its destruction including its designation as a Classified Heritage Site.

(3) Where any person feels himself aggrieved by an order issued pursuant to this

section he may appeal to the Supreme Court by way of 'Originating notice upon two days' notice and the judge of the applicati'On may confirm, vary or rescind the order appealed fr'Om. 36. The Minister may authorize the payment of compen sation in accordance with the regulations to any person who has suffered loss as the result 'Of the application of any provisions 'Of this Act or the regulations. 37.

(1) The Minister may make regulations exempting Classified Heritage Sites or Heritage Monuments from the application of any provision contained in any building code which would otherwise be applicable pursuant to any Act, regulation 'Or municipal by-law where the enforcement of such provision would prevent or seriously hinder the preser vation, restoration or use of all or any portion of the site or monument.

(2) A regulation under subsection (1) may be general or particular in application. 38.

(1) Every person who contravenes any provision of this Act or the regulati'Ons, the conditi'Ons 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 n'Ot more than six months or to both fine and imprisonment.

(2) When a Classified Heritage Site is altered or destroy ed in any way in contravention of any provision 'Of this Act, the regulations or a direction of the Minister pursuant to 15

35. stop orders. 36. Compensation. 37. Exemption. 38. Offences and restrictions. 15

this Act, the Minister may cause it to be restored and the Crown may recover the cost thereof from the person causing the alteration or destruction by an action in debt.

(3) Where a Classified Heritage Site is altered or des troyed in contravention of any provision of this Act, the regulations lOr an order of the Minister pursuant to this Act in such manner that it is not possible to effect restoration the Crown may recover damages therefor from the person causing the alteration or destruction by action. 39. The Crown is bound by the provisions of this Act except

section 38. 40. The following Acts are hereby repealed: The Alberta Heritage Act; The Public Documents Act. 41. This Act comes into force on the day upon which it is assented to. 16

39. This Act will bind the Crown. 40. Repeal of previous Aots dealing with same subject matter. 16 Title: 1973 (17th, 2nd) Bill 54, The Alberta Heritage Act, 1973

Document details

Collection	Alberta — Bills
Citation	L17 S2 5188
Type	bill
Volume / chapter	L17 S2 5188
Language	en
Format	json
Source	PROVINCIAL
Identifier	eecf892fb3a18c7b64b9c664b5042240b4461b2c

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