P-9.002 - Cultural Heritage Act

Section 141 Disposition versions

2021-11-05

141. No person may, without the authorization of the council of the municipality that adopted the heritage recognition by-law,

(1)  destroy all or part of a recognized heritage document or object or move all or part of a recognized heritage immovable or use it as a backing for a construction; or

(2)  divide, subdivide or parcel out an immovable situated on a recognized heritage site.

Any application for authorization that concerns a heritage property recognized by the council of a regional county municipality must be filed with the local municipality. The clerk or the clerk-treasurer of the local municipality must send to the clerk-treasurer of the regional county municipality a copy of the application as soon as possible, to the extent that the authorization complies with the by-laws of the local municipality.

Before ruling on an application for authorization, the council must obtain the opinion of the local heritage council.

A person performing an act described in the first paragraph must comply with any conditions the council of the municipality sets out in its authorization.

The authorization of the council of the municipality is withdrawn if the project described in an application submitted under this section is not begun within one year after the authorization is given or if the project is interrupted for more than one year.

If a project is interrupted, the withdrawal of the authorization does not prevent the municipality from obtaining an order under section 203.

This section does not apply to the division, subdivision or parcelling out of an immovable on the vertical cadastral plan.

2011, c. 21, s. 141; 2021, c. 10, s. 52; 2021, c. 31, s. 132.

2021-04-01

141. No person may, without the authorization of the council of the municipality that adopted the heritage recognition by-law,

(1)  destroy all or part of a recognized heritage document or object or move all or part of a recognized heritage immovable or use it as a backing for a construction; or

(2)  divide, subdivide or parcel out an immovable situated on a recognized heritage site.

Any application for authorization that concerns a heritage property recognized by the council of a regional county municipality must be filed with the local municipality. The clerk or the secretary-treasurer of the local municipality must send to the secretary-treasurer of the regional county municipality a copy of the application as soon as possible, to the extent that the authorization complies with the by-laws of the local municipality.

Before ruling on an application for authorization, the council must obtain the opinion of the local heritage council.

A person performing an act described in the first paragraph must comply with any conditions the council of the municipality sets out in its authorization.

The authorization of the council of the municipality is withdrawn if the project described in an application submitted under this section is not begun within one year after the authorization is given or if the project is interrupted for more than one year.

If a project is interrupted, the withdrawal of the authorization does not prevent the municipality from obtaining an order under section 203.

This section does not apply to the division, subdivision or parcelling out of an immovable on the vertical cadastral plan.

2011, c. 21, s. 141; 2021, c. 10, s. 52.

2012-10-19

141. No person may, without the authorization of the council of the municipality,

(1)  destroy all or part of a recognized heritage document or object or demolish all or part of a recognized heritage immovable, move it or use it as a backing for a construction; or

(2)  demolish all or part of an immovable situated on a recognized heritage site, or divide, subdivide, redivide or parcel out a lot on such a site.

Before ruling on an application for authorization, the council must obtain the opinion of the local heritage council.

A person performing an act described in the first paragraph must comply with any conditions the council of the municipality sets out in its authorization.

The authorization is withdrawn if the project described in an application submitted under this section is not begun within one year after the authorization is given or if the project is interrupted for more than one year.

If a project is interrupted, the withdrawal of the authorization does not prevent the municipality from obtaining an order under section 203.

2011, c. 21, s. 141.