B-4 - Cultural Property Act

Section 96.1 Disposition versions

2006-01-01

96.1. A local municipality or a regional county municipality may adopt a by-law to prohibit, for a period not exceeding 12 months, the demolition of any immovable that could be declared cultural property or that is situated in a territory that could be declared a historic or natural district.

The prohibition shall take effect as of the notice of motion of the by-law prohibiting the demolition.

However, if the by-law is not adopted and enforced within three months of the date of the notice of motion, the prohibition ceases to apply.

Within 15 days after the adoption of such a by-law, the municipality must request the Minister of Culture and Communications to have the immovable concerned recognized or classified as cultural property, or the territory concerned declared a historic or natural district.

At the expiry of 12 months from the date of the notice of motion, if the immovable concerned has not been recognized or classified as cultural property, or the territory concerned has not been declared a historic or natural district, or if the Minister has not given a notice of intention or published a notice of recommendation, the by-law ceases to have effect.

The owner of an immovable who demolishes it or has it demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25,000.

2005, c. 6, s. 137.