Section 1 definitions of "board" and "Heritage Trust" BEFORE repealed by 2003-15-11, effective April 1, 2003.
"board" means the board of directors of the Heritage Trust;
"Heritage Trust" means the British Columbia Heritage Trust continued under section 24 (1);
Section 1 definition of "authorized official" was added by 2019-26-1(a), effective May 30, 2019 (Royal Assent).
Section 1 definition of "designate" BEFORE repealed by 2019-26-1(b), effective May 30, 2019 (Royal Assent).
"designate" means to designate under section 9;
Section 1 definition of "Provincial heritage site" BEFORE amended by 2019-26-1(c), effective May 30, 2019 (Royal Assent).
"Provincial heritage site" means a heritage site designated under section 9 or a Provincial heritage property established under section 23.
Section 3 (1) (e) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(e) buildings, structures and sites for which the minister has received notice from a local government under section 977 (1) of the Local Government Act or section 602 (1) of the Vancouver Charter;
Section 3 (3) (part) BEFORE amended by 2015-27-44, effective May 10, 2016 (BC Reg 109/2016).
(3) Despite the Freedom of Information and Protection of Privacy Act, the minister may refuse to disclose information in the Provincial heritage register and other information obtained in the administration of this Act or the Museum Act if any of the following apply:
Section 3 (1) (d) BEFORE amended by 2019-26-2, effective May 30, 2019 (Royal Assent).
(d) other known heritage sites and heritage objects that are, in the opinion of the minister, protected under section 13;
Section 4 (3) BEFORE amended by 2003-15-12, effective April 1, 2003.
(3) Subsection (2) does not apply to an agreement that is entered into under section 20 (1) (b) or 28 (1) (b).
Section 4 (4) and (5) BEFORE amended by 2019-26-3, effective May 30, 2019 (Royal Assent).
(4) Without limiting subsection (1), an agreement made under this section may include one or more of the following:
(a) a schedule of heritage sites and heritage objects that are of particular spiritual, ceremonial or other cultural value to the aboriginal people for the purpose of protection under section 13 (2) (h);
(b) a schedule of heritage sites and heritage objects of cultural value to the aboriginal people that are not included in a schedule under paragraph (a);
(c) circumstances under which the requirements of sections 13 (1) and (2) and 14 (1) do not apply with respect to heritage sites and heritage objects, or to types of heritage sites and heritage objects, for which the first nation administers its own heritage protection;
(d) policies or procedures that will apply to the issuance of or refusal to issue a permit under section 12 or 14 with respect to
(i) sites and objects identified in a schedule under paragraph (a) or (b), or
(ii) other sites and objects or types of sites and objects identified in the agreement;
(e) provisions with regard to the delegation of ministerial authority under sections 12 and 14 (4);
(f) any other provisions the parties agree on.
(5) For the purpose of section 13 (2), if an agreement includes a schedule under subsection (4) (a), the agreement must identify actions which would constitute a desecration or which would detract from the heritage value of scheduled sites and objects, and different actions may be identified for different sites or objects or for different classes of sites or objects.
Section 6 BEFORE amended by 2019-26-4, effective May 30, 2019 (Royal Assent).
6 If, with respect to any matter affecting the conservation of a heritage site or heritage object referred to in section 13 (2), there is a conflict between this Act and any other Act, this Act prevails.
Section 7 BEFORE renumbered as 7 (1) by 2010-17-20, effective February 23, 2011 (BC Reg 47/2011).
7 The minister may, with the approval of the Lieutenant Governor in Council, establish policies and standards for the identification, conservation, management and disposition of any heritage site or heritage object owned or managed by the government.
Section 7 (2) was added by 2010-17-20, effective February 23, 2011 (BC Reg 47/2011).
Section 8.1 was enacted by 2007-36-88, effective April 3, 2009 (BC Reg 55/2009).
Section 8.1 BEFORE amended by 2019-26-5, effective May 30, 2019 (Royal Assent).
8.1 If a treaty first nation, in accordance with its final agreement, makes laws for the conservation and protection of, and access to, heritage sites and heritage objects on its treaty lands, sections 9, 12, 13, 14, 16, 18 and 20 (1) (a) do not apply in relation to those treaty lands.
Part 2, Division 1 heading was enacted by 2019-26-8, effective May 30, 2019 (Royal Assent).
Section 9 (2) (b) BEFORE amended by 2019-26-9(a), effective May 30, 2019 (Royal Assent).
(b) protected under section 13 (2),
Section 9 (2) (d) BEFORE amended by 2019-26-9(b), effective May 30, 2019 (Royal Assent).
(d) established under section 23.
Section 9 (3) (d) and (e) BEFORE amended by 2019-26-9(c), effective May 30, 2019 (Royal Assent).
(d) specify types of alterations to the property which may be made without a permit under section 12;
(e) specify policies or procedures concerning the issuing of permits under section 12 with respect to a property.
Section 11 (4) (part) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).
then either the minister or the owner may refer the matter to binding arbitration under the Commercial Arbitration Act.
Section 11 (9) (d) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(d) designated under section 967 of the Local Government Act or section 593 of the Vancouver Charter.
Section 11 (9) BEFORE amended by 2019-26-10, effective May 30, 2019 (Royal Assent).
(9) This section does not apply to property that, immediately before its designation under section 9, is
(a) designated as a Provincial heritage site,
(b) designated as a heritage object,
(c) protected under section 13 (2), or
(d) designated under section 611 of the Local Government Act or section 593 of the Vancouver Charter.
Section 11.1 was enacted by 2019-26-11, effective May 30, 2019 (Royal Assent).
Part 2, Division 2 heading was enacted by 2019-26-12, effective May 30, 2019 (Royal Assent).
Section 12 (1) BEFORE amended by 1999-38-30, effective September 15, 2000 (BC Reg 320/2000).
12 (1) In this section, except subsection (6), and in sections 13 (4) and 14 (4), "minister" includes a person authorized in writing by the minister for the purposes of the section.
Section 12 BEFORE repealed by 2019-26-13, effective May 30, 2019 (Royal Assent).
12 (1) In this section, except subsection (6), and in sections 3 (4), 13 (4), 14 (2) and (4) and 32, "minister" includes a person authorized in writing by the minister for the purposes of the section.
(2) The minister may
(a) issue a permit authorizing an action referred to in section 13, or
(b) refuse to issue a permit for an action that, in the opinion of the minister, would be inconsistent with the purpose of the heritage protection of the property.
(3) A permit issued under subsection (2) (a) may include requirements, specifications and conditions that the minister considers appropriate and, without limiting the generality of this, the permit may
(a) be limited to a specified period of time or to a specified location,
(b) require the holder of the permit to consult with or obtain the consent of one or more parties whose heritage the property represents or may represent,
(c) require the holder of the permit to provide the minister with reports satisfactory to the minister, and
(d) specify a repository for heritage objects that are removed from the heritage property.
(4) Despite any other enactment, a permit issued under subsection (2) (a) may specify the siting, dimensions, form, exterior design and finish of new construction or renovations to a building or structure.
(5) The minister may, with the concurrence of the holder of the permit, amend, suspend or cancel a permit issued under subsection (2) (a).
(6) The minister may, by order, without the concurrence of the holder of the permit,
(a) amend or suspend a permit issued under subsection (2) (a) if the minister has information that was not considered when the permit was issued respecting the heritage value of heritage property that would be materially affected by an action authorized by the permit, or
(b) cancel a permit issued under subsection (2) (a) if the minister has reasonable and probable grounds to believe that
(i) the application for the permit included information that was false or misleading with respect to a material fact, or that omitted to state a material fact the omission of which makes information in the application false or misleading,
(ii) the holder has contravened or is in default of a requirement or condition of the permit, whether or not the holder is charged with an offence under this Act, or
(iii) the holder has contravened a provision of this Act, whether or not the holder is charged with an offence under this Act.
(7) A permit does not authorize the holder of the permit to enter property, or to make any alteration to property, without the permission of the owner or occupier.
Section 12.1 was enacted by 2019-26-14, effective May 30, 2019 (Royal Assent).
Section 12.2 was enacted by 2019-26-14, effective May 30, 2019 (Royal Assent).
Section 12.3 was enacted by 2019-26-14, effective May 30, 2019 (Royal Assent).
Section 12.4 was enacted by 2019-26-14, effective May 30, 2019 (Royal Assent).
Section 12.5 was enacted by 2019-26-14, effective May 30, 2019 (Royal Assent).
Section 12.6 was enacted by 2019-26-14, effective May 30, 2019 (Royal Assent).
Section 12.7 was enacted by 2019-26-14, effective May 30, 2019 (Royal Assent).
Section 13 BEFORE repealed by 2019-26-15, effective May 30, 2019 (Royal Assent).
13 (1) Except as authorized by a permit issued under section 12 or 14, a person must not remove, or attempt to remove, from British Columbia a heritage object that is protected under subsection (2) or which has been removed from a site protected under subsection (2).
(2) Except as authorized by a permit issued under section 12 or 14, or an order issued under section 14, a person must not do any of the following:
(a) damage, desecrate or alter a Provincial heritage site or a Provincial heritage object or remove from a Provincial heritage site or Provincial heritage object any heritage object or material that constitutes part of the site or object;
(b) damage, desecrate or alter a burial place that has historical or archaeological value or remove human remains or any heritage object from a burial place that has historical or archaeological value;
(c) damage, alter, cover or move an aboriginal rock painting or aboriginal rock carving that has historical or archaeological value;
(d) damage, excavate, dig in or alter, or remove any heritage object from, a site that contains artifacts, features, materials or other physical evidence of human habitation or use before 1846;
(e) damage or alter a heritage wreck or remove any heritage object from a heritage wreck;
(f) damage, excavate, dig in or alter, or remove any heritage object from, an archaeological site not otherwise protected under this section for which identification standards have been established by regulation;
(g) damage, excavate, dig in or alter, or remove any heritage object from, a site that contains artifacts, features, materials or other physical evidence of unknown origin if the site may be protected under paragraphs (b) to (f);
(h) damage, desecrate or alter a site or object that is identified in a schedule under section 4 (4) (a);
(i) damage, excavate or alter, or remove any heritage object from, a property that is subject to an order under section 14 (4) or 16.
(3) The Lieutenant Governor in Council may make regulations respecting the following:
(a) defining the extent of types of sites protected under subsection (2), except heritage sites or objects protected under subsection (2) (h);
(b) identifying types of features, material or evidence for which the requirements of subsection (2) (d) and (g) do not apply, and these may be different for different types of sites;
(c) establishing identification standards for archaeological sites to be protected under subsection (2) (f);
(d) identifying actions that shall be deemed to derogate from the heritage value of a site or object, or class of sites or objects, protected under subsection (2), except with respect to sites protected under subsection (2) (h).
(4) The minister may, after providing an opportunity for consultation with the first nation whose heritage site or object would be affected,
(a) define the extent of a site protected under subsection (2), or
(b) exempt a site or object from subsection (2) on any terms and conditions the minister considers appropriate if the minister considers that the site or object lacks sufficient heritage value to justify its conservation.
(5) Subsection (4) does not apply to a site or object protected under subsection (2) (h).
(6) Except as authorized by a permit issued under section 12, a person must not damage, alter or remove
(a) a notice erected under section 17, or
(b) a plaque or marker installed under section 18.
Section 14 (7) (b) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(b) a public work authorized to be undertaken by or under an Act,
Section 14 BEFORE repealed by 2019-26-15, effective May 30, 2019 (Royal Assent).
14 (1) A person must not excavate or otherwise alter land for the purpose of archaeological research or searching for artifacts of aboriginal origin except under a permit or order issued under this section.
(2) The minister may, by permit, authorize a heritage inspection or heritage investigation of any property.
(3) A permit issued under subsection (2) does not authorize entry onto land or into a building without the permission of the owner or occupier.
(4) The minister may order that a heritage inspection or heritage investigation be conducted if the minister considers that any one or more of the following apply:
(a) land may contain a heritage site or heritage object protected under section 13;
(b) land that may have heritage value, or that may include a heritage site or heritage object, may be subject to subdivision;
(c) the property may be subject to alienation from government ownership;
(d) property that may have heritage value, or land that may include heritage property, may be subject to alteration by natural or human causes;
(e) an object that may have heritage value may be subject to removal from British Columbia.
(5) The provisions of section 12 (2), (2.1), (2.2), (3), (5) and (6) apply to permits and orders under this section.
(6) A heritage inspection or heritage investigation ordered under subsection (4)
(a) must state the purpose of the heritage inspection or heritage investigation,
(b) must specify how long the order is to remain in effect,
(c) must require that the heritage inspection or heritage investigation be carried out in an expeditious manner,
(d) may provide that property covered by the order is subject to protection under section 13 while the order remains in effect,
(e) may require the owner to undertake actions to preserve the integrity and condition of property covered by the order while the order remains in effect, and
(f) may include any terms, conditions or specifications that the minister considers appropriate for the purpose of the heritage investigation.
(7) If an order for a heritage inspection or heritage investigation made under subsection (4) relates to
(a) alienation of government owned property,
(b) a public work authorized to be undertaken under an Act,
(c) the extraction or harvesting of resources from land,
(d) the subdivision of land, or
(e) changes in use or development of land,
the minister may require the person purchasing, subdividing, developing or using the property to undertake or pay for the heritage inspection or heritage investigation.
(8) A person must not interfere with a heritage inspection or heritage investigation ordered under subsection (4).
(9) A person whose property is damaged during the course of a heritage inspection or heritage investigation ordered under subsection (4) is entitled to have the damage repaired at the expense of the government or, if the damage cannot be repaired, to compensation from the government.
Part 2, Division 3 heading was enacted by 2019-26-16, effective May 30, 2019 (Royal Assent).
Section 15 (1) BEFORE amended by 2019-26-17(a), effective May 30, 2019 (Royal Assent).
(1) An order made under section 14 (4) authorizes the person or persons conducting the heritage inspection or heritage investigation to enter land identified in the order at any reasonable time for the purposes of the heritage inspection or heritage investigation.
Section 15 (3) BEFORE amended by 2019-26-17(a), effective May 30, 2019 (Royal Assent).
(3) Except as provided in subsection (4), nothing in this section or in an order made under section 14 (4) authorizes entry into a building without the permission of the owner or occupier.
Section 15 (4) (part) BEFORE amended by 2019-26-17(a), effective May 30, 2019 (Royal Assent).
(4) A justice may issue a warrant authorizing a person to enter land or a building to conduct a heritage inspection or heritage investigation ordered under section 14 (4) if the justice is satisfied that
Section 15 (7) BEFORE amended by 2019-26-17(a), effective May 30, 2019 (Royal Assent).
(7) On completion of a heritage inspection or heritage investigation ordered under section 14 (4), if the owner of land was not notified under subsection (2), the person undertaking the heritage inspection or heritage investigation must mail a notice informing the owner that a heritage inspection or heritage investigation has been conducted.
Section 15 (4) (b) (iv) BEFORE amended by 2019-26-17(b), effective May 30, 2019 (Royal Assent).
(iv) the notification may defeat the object of the entry.
Section 15.1 was enacted by 2019-26-18, effective May 30, 2019 (Royal Assent).
Section 15.2 was enacted by 2019-26-18, effective May 30, 2019 (Royal Assent).
Section 15.3 was enacted by 2019-26-18, effective May 30, 2019 (Royal Assent).
Section 16 BEFORE repealed by 2019-26-19, effective May 30, 2019 (Royal Assent).
16 If the minister considers that property has or may have heritage value and is likely to be altered for any reason, the minister may issue, to a person or class of persons, a stop work order that prohibits any alteration of the property for a period of up to 120 days, subject to any requirements and conditions the minister considers appropriate.
Section 16.1 was enacted by 2019-26-20, effective May 30, 2019 (Royal Assent).
Part 2, Division 4 heading was enacted by 2019-26-21, effective May 30, 2019 (Royal Assent).
Section 20 (1) (part) BEFORE amended by 2019-26-22, effective May 30, 2019 (Royal Assent).
(1) To further the objects of this Act, the minister may do one or more of the following:
Section 20.1 was enacted by 2019-26-23, effective May 30, 2019 (Royal Assent).
Section 21 BEFORE re-enacted by 2019-26-24, effective May 30, 2019 (Royal Assent).
21 (1) If the minister considers that property protected under section 13 (2) is subject to damage or deterioration, the minister may order the owner, on terms and conditions that the minister considers appropriate, to preserve the property at the expenses of the government.
(2) If the minister considers that property protected under section 13 (2) is subject to damage or deterioration and is being unreasonable neglected by the owner, the minister may order the owner, on terms and conditions and to specifications that the minister considers appropriate, to preserve the property at the expense of the owner or at the expense of the owner and the government on a cost sharing basis.
Section 23 BEFORE repealed by 2019-26-25, effective May 30, 2019 (Royal Assent).
23 (1) The Lieutenant Governor in Council may, by order, designate a heritage site on Crown land as a Provincial heritage property and the Provincial heritage property includes the collection of accessioned artifacts associated with that heritage site.
(2) The Lieutenant Governor in Council may, by regulation, provide that any provision of the Park Act applies to a Provincial heritage property designated under subsection (1), and all authorities, rights, duties and other matters under these provisions will apply in relation to
(a) the minister as though he or she were the minister under the Park Act,
(b) any branch or agency assigned by the minister to administer a Provincial heritage property as though it were the Parks Branch under the Park Act,
(c) the director and staff of a branch or agency referred to in paragraph (b) as though they were the directors and officers respectively of the Parks Branch, and
(d) the Provincial heritage property as though it were a Class A park under the Park Act.
(3) If a park use permit applies in respect of land when that land is established as a Provincial heritage property under subsection (1), that permit is deemed to have been issued under this section by the minister, and subsection (2) applies for the purpose of interpretation of that permit.
Part 3, sections 24 to 31 BEFORE repealed by 2003-15-13, effective April 1, 2003.
Part 3 — British Columbia Heritage Trust
24 (1) The British Columbia Heritage Trust is continued as a corporation.
(2) The Heritage Trust is for all purposes an agent of the government and the powers of the Heritage Trust may be exercised only as an agent of the government.
(3) Subject to the other provisions of this Part, the Heritage Trust has the power and capacity of a natural person of full capacity.
(4) The Company Act does not apply to the Heritage Trust but the Lieutenant Governor in Council may, by order, direct that one or more provisions of the Company Act apply to the Heritage Trust.
25 The objects of the Heritage Trust are as follows:
(a) to conserve and support the conservation of heritage sites and heritage objects;
(b) to gain further knowledge about British Columbia's heritage;
(c) to increase public awareness, understanding and appreciation of British Columbia's heritage;
(d) to undertake such other activities related to British Columbia's heritage as the minister may authorize.
26 (1) The Lieutenant Governor in Council must appoint a board of directors of the Heritage Trust.
(2) The Lieutenant Governor in Council must designate one of the directors as chair and one or more of the directors as vice chair of the board.
(3) The directors must be paid reasonable and necessary travelling and incidental expenses incurred in the discharge of their duties under this Act, and may be paid remuneration for services in an amount determined, on the recommendation of the board, by the Lieutenant Governor in Council.
(4) The board may
(a) determine its own procedure and provide for the regulation and conduct of its meetings,
(b) delegate any of the powers, functions and duties of the Heritage Trust to a committee of directors, to an officer or employee of the Heritage Trust or of the ministry or to any other person, and
(c) establish rules or policies governing the powers, functions or duties delegated under paragraph (b).
27 (1) The board may appoint officers and employees of the Heritage Trust as it considers necessary.
(2) The power of appointment under subsection (1) is subject to the Public Service Act, and employees of the Heritage Trust are deemed to be employees and the Heritage Trust is deemed to be an employer in respect to those employees for the purposes of the Public Service Act, the Public Service Labour Relations Act and the Public Service Pension Plan continued under the Public Sector Pension Plans Act.
(3) The minister may authorize an employee of the ministry to provide services to the Heritage Trust, with or without compensation from the Heritage Trust.
(4) The Lieutenant Governor in Council may make an order to transfer one or more employees of the ministry to the Heritage Trust, and such an order must
(a) identify by name each employee of the ministry who is to be transferred to the Heritage Trust,
(b) specify a transfer date for each employee who is to be transferred, and
(c) establish conditions for the transfer that the Lieutenant Governor in Council considers advisable to preserve the rights and benefits of the employees to be transferred.
(5) On the transfer date specified by an order under subsection (4), an employee of the ministry named in the order ceases to be an employee of the ministry and becomes an employee of the Heritage Trust as if he or she were appointed under subsection (1), subject to any conditions established under subsection (4) (c).
28 (1) To further the objects of this Part, the Heritage Trust may do one or more of the following:
(a) acquire, manage and conserve property or acquire an interest in property;
(b) enter into agreements with a person, organization, local government, first nation or the government of Canada or of a province;
(c) conduct and arrange exhibits or activities to inform and stimulate the interest of the public in any matter related to the purposes of this Part;
(d) subject to a trust or agreement under which a property was obtained, dispose of the property and executive instruments required to effect the disposal;
(e) receive money or property by donation, public subscription, devise, bequest or otherwise;
(f) charge fees for any service that is provides including fees for the use of or admission to any of the facilities that it operates;
(g) assist in or undertake research, study or publication respecting heritage conservation;
(h) provide grants, advice and services to other parties having aims and objectives consistent with the purposes of this Part;
(i) subject to terms and conditions it may choose to apply, lend money from the trust fund continued under section 29 or guarantee loans made by a financial institution for the acquisition, management, conservation or development of heritage property by a party referred to in paragraph (b);
(j) do such other things as the Lieutenant Governor in Council may authorize.
(2) Subject to the approval of the Lieutenant Governor in Council, the Heritage Trust may, for the purpose of engaging in a commercial, industrial or business undertaking,
(a) incorporate a corporation,
(b) acquire shares in a corporation, or
(c) enter into a partnership or joint venture.
(3) Subject to the approval of the Lieutenant Governor in Council, the Heritage Trust may borrow money in accordance with regulations made under section 75 of the Financial Administration Act.
29 (1) The fund maintained under section 22 (1) of the Heritage Conservation Act as it read immediately before October 14, 1994, is continued as the British Columbia Heritage Trust Fund.
(2) The Heritage Trust must pay any money received by it into the fund.
(3) The Heritage Trust may pay money out of the fund for
(a) remuneration, expenses and compensation referred to in sections 26 and 27,
(b) operation and administration expenses of the Heritage Trust,
(c) investments referred to in subsection (4), and
(d) any other expenses incurred in the exercise of its powers.
(4) Money of the fund may be invested in
(a) the acquisition, management, conservation and development of property under section 28 (1) (a),
(b) loans made under section 28 (1) (i), and
(c) investments approved by the Minister of Finance and Corporate Relations.
30 (1) The Heritage Trust must establish and maintain an accounting system satisfactory to the Minister of Finance and Corporate Relations, and must render detailed accounts of its revenues and expenditures as required by that minister.
(2) The Minister of Finance and Corporate Relations may direct the Comptroller General to examine and report on any or all of the financial and accounting operations of the Heritage Trust.
(3) The accounts of the Heritage Trust must, at least once every year, be audited and reported on by an auditor appointed by the board.
(4) The Heritage Trust must annually, within 120 days of the end of its fiscal year, submit to the minister
(a) a report of the Heritage Trust and its operations for the preceding fiscal year,
(b) a financial statement showing the assets and liabilities of the Heritage Trust at the end of the preceding fiscal year, and
(c) the annual report of the auditor referred to in subsection (3).
(5) The report and financial statement referred to in subsection (4) must be laid before the Legislative Assembly by the minister during the next session of the Legislative Assembly following the submission of the report and financial statement to the minister.
(6) The Financial Information Act applies to the Heritage Trust.
(7) The fiscal year of the Heritage Trust ends on March 31.
31 (1) Property acquired by the Heritage Trust under this Part is the property of the government and title to the property may vest in the name of the government or in the name of the Heritage Trust.
(2) Despite the Land Act, property acquired by the Heritage Trust under this Part may be dealt with by the Heritage Trust under this Act.
(3) Property vested in the Heritage Trust is exempt from taxation, levies and all other charges, except to the extent that the government is liable.
Section 32 (8) BEFORE amended by 2004-66-53, effective January 20, 2005 (BC Reg 16/2005).
(8) In the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making or cancelling of a note under this section,
(a) the registrar is not liable nor is the government vicariously liable, and
(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.
Section 32 (2) (b), (c) and (d) BEFORE amended by 2019-26-26, effective May 30, 2019 (Royal Assent).
(b) that, in the opinion of the minister, is protected under section 13 (2),
(c) for which an order is in effect under section 14, 16 or 21, or
(d) that, in the opinion of the minister, has been altered in contravention of section 13 (2).
Section 32.1 was enacted by 2007-36-89, effective April 3, 2009 (BC Reg 55/2009).
Section 34 (2) (a) to (e) BEFORE amended by 2019-26-27(a) to (e), effective May 30, 2019 (Royal Assent).
(a) fails to comply with or contravenes the requirements or conditions of a permit issued under section 12 or 14,
(b) fails to comply with or contravenes an order made under section 14 or 21,
(c) removes property, or attempts to remove property, from British Columbia in contravention of section 13 (1),
(d) moves, removes, damages, desecrates, alters, excavates or digs in property, or removes objects from property in contravention of section 13 (2), or
(e) contravenes a regulation made under section 23 (2) or 37 (2) (e).
Section 34 (3) (a) BEFORE amended by 2019-26-27(f), effective May 30, 2019 (Royal Assent).
(a) a requirement that the person restore the property to which the matter relates to its condition before the contravention on terms and conditions the court specifies;
Section 35 (2) BEFORE amended by 2003-15-14, effective April 1, 2003.
(2) An action for damages must not be brought against the minister, an employee of the government, the Heritage Trust, a director, officer or employee of the Heritage Trust, a member of a committee established or authorized under section 22 or a person who is subject to the direction of the minister or the board of directors of the Heritage Trust, because of anything done or omitted to be done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act or the regulations.
Section 35 (2) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(2) An action for damages must not be brought against the minister, an employee of the government, a member of a committee established or authorized under section 22 or a person who is subject to the direction of the minister, because of anything done or omitted to be done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act or the regulations.
Section 35 (1) BEFORE amended by 2019-26-28, effective May 30, 2019 (Royal Assent).
(1) Except as provided in section 11 or 14 (9), no compensation is payable to a person for any loss or damage, or for any reduction in the value of property, that results from the operation of this Act, the performance in good faith of any duty under this Act or the exercise in good faith of any power under this Act.
Section 36 (6) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(6) The time limit for laying an information respecting an offence under this Act or the regulations is 2 years after the facts on which the information is based first came to the knowledge of
Section 36 (1) BEFORE amended by 2019-26-29(a), effective May 30, 2019 (Royal Assent).
(1) A person who does any of the following commits an offence:
(a) contravenes section 13 (6), 14 (1) or (8) or a provision of the Park Act referred to in section 23 (2) as it applies to a Provincial heritage property;
(b) fails to comply with or contravenes a requirement or condition of an order or permit under section 12 (2) (a), 14 (2) or (4), 16, 19 (2), 23 (2) or 34 (3);
(c) contravenes a regulation made under section 23 (2) or 37 (2) (e);
(d) contravenes section 13 (1) or (2).
Section 36 (1.1) and (1.2) were added by 2019-26-29(b), effective May 30, 2019 (Royal Assent).
Section 36 (2) BEFORE amended by 2019-26-29(c), effective May 30, 2019 (Royal Assent).
(2) A person convicted of an offence under subsection (1) (a) to (c) is liable to a fine of not more than $2 000 or to imprisonment for a term of not more than 6 months or to both.
Section 36 (4) (a) BEFORE amended by 2019-26-29(c), effective May 30, 2019 (Royal Assent).
(a) if it is an offence under subsection (1) (a) to (c), to the penalty set out in subsection (2), or
Section 36 (6) (part) BEFORE amended by 2019-26-29(d), effective May 30, 2019 (Royal Assent).
(6) The time limit for laying an information respecting an offence under this Act is 2 years after the facts on which the information is based first came to the knowledge of
Section 36 (6) (b) BEFORE amended by 2019-26-29(e), effective May 30, 2019 (Royal Assent).
(b) an official designated in writing by the minister.
Section 36 (7) BEFORE amended by 2019-26-29(f), effective May 30, 2019 (Royal Assent).
(7) A document purporting to have been issued by the official designated under subsection (6) (b) certifying the day on which he or she became aware of the facts on which an information is based, is admissible without proof of the signature of the official appearing to have signed the document, and in the absence of evidence to the contrary, is proof of the matter certified.
Section 37 (2) (i) BEFORE amended by 2019-26-31(a), effective May 30, 2019 (Royal Assent).
(i) respecting the conduct of a heritage inspection or heritage investigation under section 14.
Section 37 (2) (j) to (m) were added by 2019-26-31(b), effective May 30, 2019 (Royal Assent).
Section 37 (3) was added by 2019-26-31(c), effective May 30, 2019 (Royal Assent).
Supplement BEFORE repealed by 2006-33-1(1)(p), effective May 18, 2006 (Royal Assent).
[Supplement]
1 Section 12 of the Heritage Conservation Act is amended by adding the following subsections:
(2.1) On receipt of an application for a permit that would, in the opinion of the minister, affect a site or object referred to in subsection (2.2), the minister must provide an opportunity for consultation by informing the appropriate first nation.
(2.2) Subsection (2.1) applies in respect of the following:
(a) a heritage site or heritage object that is included in a schedule under section 4 (4) (a) or (b);
(b) a heritage site or heritage object for which the first nation has requested an opportunity for consultation under this section;
(c) a site of aboriginal origin protected under section 13 (2) (b), (c), (d) or (f);
(d) other circumstances the minister considers advisable.
2 Section 1 comes into force by regulation of the Lieutenant Governor in Council.
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