P-9.002 - Cultural Heritage Act

Section 195 Disposition versions

2021-04-01

195. The Minister 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 47 to 49, 64 or 65 or carried out in contravention of the conditions referred to in section 50, 53.6, 66, 67.3 or 67.4. The Minister may also obtain an order of the Superior Court to have the necessary work carried out to preserve the heritage value of a classified heritage property whose owner fails to comply with section 26.

In addition, in the case of an act or operation undertaken or continued without the authorization required under any of sections 47 to 49, 64 or 65 or carried out in contravention of the conditions referred to in section 50, 53.6, 66, 67.3 or 67.4, the Minister may obtain an order of the Superior Court to have the necessary work carried out to bring the property into conformity with the conditions determined by a regulation made by the Government under subparagraph 1 of the first paragraph of section 80.1, with the conditions of an authorization or with the conditions the Minister could have imposed had an application for authorization been filed with the Minister 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 or, in the case of a heritage document, object or ensemble, at the expense of the custodian.

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 Minister to do so. The cost of the work or demolition incurred by the Minister is a prior claim on the property, of the same nature and with the same rank as the claims described in paragraph 4 of article 2651 of the Civil Code; the cost is secured by a legal hypothec on the property.

2011, c. 21, s. 195; 2021, c. 10, s. 73.

2012-10-19

195. The Minister 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 47 to 49, 64 or 65 or carried out in contravention of the conditions referred to in section 50 or 66. The Minister may also obtain an order of the Superior Court to have the necessary work carried out to preserve the heritage value of a classified heritage property whose owner fails to comply with section 26.

In addition, in the case of an act or operation undertaken or continued without the authorization required under any of sections 47 to 49, 64 or 65 or carried out in contravention of the conditions referred to in section 50 or 66, the Minister may obtain an order of the Superior Court to have the necessary work carried out to bring the property into conformity with the conditions of an authorization or with the conditions the Minister could have imposed had an application for authorization been filed with the Minister 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 or, in the case of a heritage document or object, at the expense of the custodian.

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 Minister to do so. The cost of the work or demolition incurred by the Minister is a prior claim on the property, of the same nature and with the same rank as the claims described in paragraph 4 of article 2651 of the Civil Code; the cost is secured by a legal hypothec on the property.

2011, c. 21, s. 195.