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H-4.05
- Heritage Conservation Act
Detailled Table of Contents
Current to 1 January 2024
Heritage Conservation Act
INTERPRETATION AND APPLICATION
1
Definitions
2
Act binds the Crown
3
Application of Act to rural communities
4
Conflict
HERITAGE OBJECTS
5
Property in archaeological, palaeontological or burial objects
6
Transfer of ownership of objects
7
Agreements respecting objects
8
Burial of human remains
9
Duty to report discovery of an object or burial ground
10
Objects deposited in the New Brunswick Museum under the authority of the Historic Sites Protection Act
ARCHAEOLOGY, PALAEONTOLOGY AND ALTERATION OF SITES
11
Prohibitions respecting archaeological sites, palaeontological sites and burial grounds
Archaeological and palaeontological field research permit
12
Application for permit
13
Issuance of permit
14
Terms and conditions of permit
15
Cancellation of permit
16
Effect of issuance of permit
17
Obligations on the completion of archaeological or palaeontological field research
Site alteration permit
18
Application for permit
19
Heritage impact assessment
20
Issuance of permit
21
Terms and conditions of permit
22
Cancellation of permit
23
Effect of issuance of permit
Amateur archaeologist or palaeontologist permit
24
Application for permit
25
Terms and conditions of permit
26
Cancellation of permit
27
Effect of issuance of permit
PROVINCIAL HERITAGE
Designation of a provincial heritage place
28
Application for designation
29
Requirements for designation
30
Minister’s decision after an application for designation
31
Designation on the Minister’s initiative
32
Notice of intention to designate
33
Effect of notice of intention to designate
34
Objection
35
Hearing
36
Minister’s decision
37
Repeal of a designation order
Alteration of character-defining elements of a provincial heritage place
38
Permit required
39
Application for permit
40
Heritage impact assessment
41
Issuance of permit
42
Terms and conditions of permit
43
Cancellation of permit
44
Waiving permit requirement
Local historic places
45
Designation of a local historic place
MUNICIPAL HERITAGE
Heritage board
46
Heritage board
47
Appointment of members
48
Term of office and revocation of appointment
49
Vacancy
50
Officers
51
Remuneration and expenses
52
Practice and procedure
53
Duties and powers
54
Appointment of heritage officer
Municipal heritage conservation areas
55
By-law establishing municipal heritage conservation area
56
Consideration of objections to by-law
57
Application of section 15 of the Local Governance Act
58
Registration of by-law
59
Repeal or amendment of by-law
60
Crown property
61
Proof of by-law
62
Compliance with plans and development schemes
Development in a municipal heritage conservation area
63
Permit required
64
Application for permit
65
Issuance of permit
66
Terms and conditions of permit
67
Cancellation of permit
Local historic places
68
Designation of a local historic place
Appeals
69
Appeal Board
70
Appeal to Appeal Board
71
Powers of Appeal Board
72
Inquiry by Appeal Board
73
Appeal to The Court of Appeal
ENFORCEMENT
Inspections
74
Appointment of inspectors
75
Certificate of appointment
76
Ministerial inspection
77
Municipal inspection
78
Entry warrant required
79
Objects and documents
80
Returning place to original condition
81
Obstruction of inspector
82
False or misleading statement
Order to cease activity and temporary order to cease activity
83
Order to cease activity
84
Temporary order to cease activity
85
Ministerial order issued in a municipality
86
Order to cease activity ineffective
87
Notice of orders to cease activity
88
Enforcement and recovery of costs
Proceedings and offences
89
Application for court order
90
Offences
91
Continuing offence
92
Limitation period
GENERAL PROVISIONS AND REGULATIONS
93
No derogation from treaty rights or aboriginal rights
94
Work or development on property owned by the Crown
95
Easements and covenants registered under the Historic Sites Protection Act
96
No compensation
97
Immunity
98
Service of documents
99
Refusal of disclosure
100
Administration
101
Regulations
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT
Transitional provisions
102
Definitions
103
Designations under the Historic Sites Protection Act
104
Permit to excavate or alter a protected site under the Historic Sites Protection Act
105
Licence to conduct archaeological field research under the Historic Sites Protection Act
106
Proceedings commenced under the Historic Sites Protection Act
107
Appointments to the Advisory Board under the Historic Sites Protection Act
108
Appointments to Military Compound Board under Regulation 83-175
109
By-laws made under the Municipal Heritage Preservation Act
110
Certificates of appropriateness issued under the Municipal Heritage Preservation Act
111
Proceedings commenced under the Municipal Heritage Preservation Act
112
Appointments made under the Municipal Heritage Preservation Act
Consequential amendments
113
Assessment and Planning Appeal Board Act
114
Conservation Easements Act
115
Mining Act
116
New Brunswick Museum Act
117
Pipeline Act, 2005
118
Roosevelt Campobello International Park Act
Repeals
119
Historic Sites Protection Act
120
Municipal Heritage Preservation Act
Commencement
121
Commencement
SCHEDULE A