P-9.002 - Cultural Heritage Act

Section 203 Disposition versions

2012-10-19

203. An interested person, including a municipality, may obtain an order of the Superior Court for the cessation of an act or operation undertaken or continued without the authorization required under section 141 or without the notice required under section 139 or carried out in contravention of the conditions referred to in section 137, 138 or 141. The interested person may also obtain an order of the Superior Court to have the necessary work carried out to preserve the heritage value of a recognized heritage property whose owner fails to comply with section 136.

In addition, in the case of an act or operation undertaken or continued without the authorization required under section 141 or without the prior notice required under section 139 or carried out in contravention of the conditions referred to in section 137, 138 or 141, an interested person, including a municipality, may obtain an order of the Superior Court to have the necessary work carried out to bring the property into conformity with the conditions referred to in section 137, 138 or 141 or with the conditions the municipality could have imposed had prior notice been given or had an application for authorization been filed with the municipality under this Act, to return the property to its former condition or to demolish a construction.

The work is carried out at the expense of the owner.

If the owner or custodian of the property fails to carry out the work or demolition within the time allotted by the Court, the Court may authorize the municipality to do so. The cost of the work or demolition incurred by the municipality is a prior claim on the property, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code; the cost is secured by a legal hypothec on the property.

2011, c. 21, s. 203.