P-9.002 - Cultural Heritage Act

Section 76 Disposition versions

2012-10-19

76. If the Minister is of the opinion that there is a perceived or real threat of significant degradation of a property that may have heritage value, the Minister may make an order, effective for a period of not more than 30 days,

(1)  directing that the site be closed, or permitting access only to certain persons or on certain conditions, and providing for the posting of a notice to that effect in public view at the entrance to or near the site;

(2)  directing that work or an activity be terminated or that special security measures be taken;

(3)  directing that archaeological excavations be carried out; or

(4)  directing that any other measure the Minister considers necessary be taken to prevent a greater threat to the property, or to mitigate the effects of or eliminate the threat.

Before making an order against a person, the Minister must notify the person in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the person at least 10 days to submit observations. The Minister may, however, if urgent action is required or to prevent irreparable damage, make an order without being bound by those prior obligations. In that case, the person may, within 10 days from the time the order is served, submit observations to the Minister with a view to obtaining a review of the order.

A judge of the Superior Court may cancel the order or reduce its effective period on application by an interested person.

On application by the Minister, a judge of that Court, in addition to ordering the person to comply, may also extend, renew or make permanent the order if the judge considers that the property is seriously threatened and is of the opinion that the order made by the Minister is appropriate.

The judge may also make any amendment to the order that appears to the judge to be reasonable in the circumstances.

If a person fails to carry out the measures ordered under this division within the allotted time, the Court may authorize the Minister to have the measures carried out. The cost of carrying out the measures incurred by the Minister is a prior claim on the property, of the same nature and with the same rank as the claims listed 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. 76.