P-9.002 - Cultural Heritage Act

Section 67.4 Disposition versions

2022-10-01

67.4. The Minister may issue an authorization for the division, subdivision or parcelling out of an immovable situated in a protection area or on a declared or classified heritage site or for the performance, on a declared heritage site, of an act for which conditions have been determined by a regulation made by the Government under subparagraph 1 of the first paragraph of section 80.1 where the act should have been the subject of an authorization under a provision of the Cultural Property Act (chapter B-4) and such an authorization was not obtained. The authorization may be issued only if the repercussions of the act on the heritage value of the classified heritage immovable for which a protection area has been established or on the heritage value of a declared or classified heritage site are, in the Minister’s opinion, acceptable.

In analyzing an application, the Minister may consider, among other things, the elements set out in section 53.5 or 67.2, depending on whether the act concerned was performed in a protection area or on a declared or classified heritage site.

The authorization may not be issued if the Minister previously refused to authorize the act concerned or if the conditions of an authorization issued for the act were not complied with.

In the authorization, the Minister may require the carrying out of any corrective measure, including work and works, on the conditions set by the Minister. Any person who carries out corrective measures in a protection area or on a classified heritage site must comply with the conditions the Minister may set. On a declared heritage site, the person must comply with the conditions determined by a regulation made by the Government under subparagraph 1 of the first paragraph of section 80.1, if applicable, and with the conditions that the Minister may set in the authorization in relation to the division, subdivision or parcelling out of an immovable, or in relation to any act for which no regulation determines all the conditions for carrying out the act.

The Minister must make public any authorization issued in accordance with this section.

2021, c. 10, s. 30.

2021-04-01

67.4. The Minister may issue an authorization for the division, subdivision or parcelling out of an immovable situated in a protection area or on a declared or classified heritage site or for the performance, on a declared heritage site, of an act for which conditions have been determined by a regulation made by the Government under subparagraph 1 of the first paragraph of section 80.1 where the act should have been the subject of an authorization under a provision of the Cultural Property Act (chapter B-4) and such an authorization was not obtained. The authorization may be issued only if the repercussions of the act on the heritage value of the classified heritage immovable for which a protection area has been established or on the heritage value of a declared or classified heritage site are, in the Minister’s opinion, acceptable.

In analyzing an application, the Minister may consider, among other things, the elements set out in section 53.5 or 67.2, depending on whether the act concerned was performed in a protection area or on a declared or classified heritage site.

The authorization may not be issued if the Minister previously refused to authorize the act concerned or if the conditions of an authorization issued for the act were not complied with.

In the authorization, the Minister may require the carrying out of any corrective measure, including work and works, on the conditions set by the Minister. Any person who carries out corrective measures in a protection area or on a classified heritage site must comply with the conditions the Minister may set. On a declared heritage site, the person must comply with the conditions determined by a regulation made by the Government under subparagraph 1 of the first paragraph of section 80.1, if applicable, and with the conditions that the Minister may set in the authorization in relation to the division, subdivision or parcelling out of an immovable, or in relation to any act for which no regulation determines all the conditions for carrying out the act.

The Minister must make public any authorization issued in accordance with this section.

2021, c. 10, s. 30.

See 2021, c. 10, s. 143 (1).