B-4 - Cultural Property Act

Section 57 Disposition versions

1999-04-01

57. The Minister may obtain an order of the Superior Court for the cessation of any act or operation undertaken or continued without the authorization required under section 31, 48, 49 or 50 or done contrary to the conditions contemplated in section 31.1 or 50.1.

Moreover, in the case of any act or operation undertaken or continued without the authorization required under section 31, 48, 49 or 50 or done contrary to the conditions contemplated in sections 31.1 and 50.1, the Minister may obtain an order of the Superior Court for the performance of the work required to bring the property or premises into conformity with the conditions of an authorization, to return the property or premises to their former condition or to demolish a construction. The work shall be at the expense of the owner or, in the case of movable property, at the expense of the person having custody thereof.

Every motion presented by the Minister under this section shall be heard and decided by preference.

1972, c. 19, s. 57; 1978, c. 23, s. 25; 1985, c. 24, s. 38.

1978-06-23

57. Where a classified cultural property or a property situated in a historic or natural district or in a protected area is altered, changed, deteriorated, developed, set in place, built, repaired, transformed or demolished without the authorization required by virtue of this act or in a manner inconsistent with the prescriptions of an authorization given by the Minister by virtue of section 31, 48 or 50, or by a municipal corporation, a county corporation or an urban or regional community under section 49 or 50, the Superior Court may, on a motion by the Minister, order any work designed to return the property to its former condition or make it conformable to the prescriptions of the authorization given, at the expense of the owner or the person having custody of it if it is moveable property or at the expense of the person indicated as owner in the register in the registry office of the registration division where it is situated, in the case of an immoveable.

The Superior Court may, in addition, on a motion of the Minister, order the cessation of a form of land use, the destination or utilization of an immoveable made in or on a historic or natural district, classified historic site or protected area without the authorization required under this act or in a manner inconsistent with the prescription of such authorization and declare null any juridical act effected in contravention to section 48, 49, 50 or 53.

The motions of the Minister referred to in this section are heard by preference by the Superior Court and by the Court of Appeal.

1972, c. 19, s. 57; 1978, c. 23, s. 25.

1977-12-31

57. When cultural property which is classified or situated in a historic or natural district is changed, altered, deteriorated or destroyed without the permission of the Minister, he may have all the work done to restore the property to its former condition, or to make it comply with the prescriptions of the authorization contemplated in section 48, at the expense of the owner or the person having custody of it if it is moveable property or at the expense of the person indicated as owner in the register of the registry office of the division in which it is situate, in the case of an immoveable.

1972, c. 19, s. 57.