Acts and Regulations

H-4.05 - Heritage Conservation Act

Full text
By-law establishing municipal heritage conservation area
55(1)In this section, “design” includes the general appearance, colour, size, shape and massing, materials, landscaping, and the relationship of a building or structure to its site.(conception esthétique)
55(2)On the recommendation of a heritage board, a council may make a by-law establishing a municipal heritage conservation area that includes the municipality, a portion of the municipality or a building or structure in the municipality.
55(3)A municipal heritage conservation area by-law is effective with respect to all the properties, buildings and structures within the designated area.
55(4)A municipal heritage conservation area by-law may have the following purposes:
(a) ensuring the conservation, which includes the preservation, restoration and rehabilitation of lands, buildings and structures of heritage value, and the development of these lands, buildings and structures;
(b) subject to section 11, ensuring the conservation of archaeological and palaeontological sites;
(c) ensuring the conservation of cultural landscapes;
(d) ensuring the conservation of natural heritage; and
(e) ensuring the conservation and improvement of the physical environment.
55(5)A municipal heritage conservation area by-law may include provisions:
(a) establishing or adopting standards and guidelines for design, conservation and development, including technical and planning standards and guidelines;
(b) prescribing duties of the heritage board in addition to those provided for in this Act;
(c) prescribing the types of work or development undertaken in a municipal heritage conservation area that require a municipal heritage permit;
(d) respecting the application for and issuance of a municipal heritage permit;
(e) prescribing the terms and conditions of a municipal heritage permit;
(f) prescribing the fees for a municipal heritage permit;
(g) respecting the demolition of buildings and structures, including prohibiting the demolition of buildings and structures;
(h) respecting the manner in which the interior or exterior, or both, of buildings and structures may be altered or repaired;
(i) establishing the height, number of storeys, ground area, floor area and bulk of buildings and structures;
(j) respecting the placement, location and arrangement of buildings and structures, including their setting back from the boundaries of a property;
(k) respecting the exterior design, character and appearance of new buildings and structures;
(l) establishing the placement, height and maintenance of fences, walls, hedges, shrubs, trees and other objects;
(m) respecting the design, location, standards of construction and maintenance of signs;
(n) respecting the conservation and planting of trees;
(o) respecting the placement of utility poles and wires; and
(p) providing for other matters within the jurisdiction of the council that, in the opinion of the council, are necessary to carry out the purposes of this Act.
By-law establishing municipal heritage conservation area
55(1)In this section, “design” includes the general appearance, colour, size, shape and massing, materials, landscaping, and the relationship of a building or structure to its site.(conception esthétique)
55(2)On the recommendation of a heritage board, a council may make a by-law establishing a municipal heritage conservation area that includes the municipality, a portion of the municipality or a building or structure in the municipality.
55(3)A municipal heritage conservation area by-law is effective with respect to all the properties, buildings and structures within the designated area.
55(4)A municipal heritage conservation area by-law may have the following purposes:
(a) ensuring the conservation, which includes the preservation, restoration and rehabilitation of lands, buildings and structures of heritage value, and the development of these lands, buildings and structures;
(b) subject to section 11, ensuring the conservation of archaeological and palaeontological sites;
(c) ensuring the conservation of cultural landscapes;
(d) ensuring the conservation of natural heritage; and
(e) ensuring the conservation and improvement of the physical environment.
55(5)A municipal heritage conservation area by-law may include provisions:
(a) establishing or adopting standards and guidelines for design, conservation and development, including technical and planning standards and guidelines;
(b) prescribing duties of the heritage board in addition to those provided for in this Act;
(c) prescribing the types of work or development undertaken in a municipal heritage conservation area that require a municipal heritage permit;
(d) respecting the application for and issuance of a municipal heritage permit;
(e) prescribing the terms and conditions of a municipal heritage permit;
(f) prescribing the fees for a municipal heritage permit;
(g) respecting the demolition of buildings and structures, including prohibiting the demolition of buildings and structures;
(h) respecting the manner in which the interior or exterior, or both, of buildings and structures may be altered or repaired;
(i) establishing the height, number of storeys, ground area, floor area and bulk of buildings and structures;
(j) respecting the placement, location and arrangement of buildings and structures, including their setting back from the boundaries of a property;
(k) respecting the exterior design, character and appearance of new buildings and structures;
(l) establishing the placement, height and maintenance of fences, walls, hedges, shrubs, trees and other objects;
(m) respecting the design, location, standards of construction and maintenance of signs;
(n) respecting the conservation and planting of trees;
(o) respecting the placement of utility poles and wires; and
(p) providing for other matters within the jurisdiction of the council that, in the opinion of the council, are necessary to carry out the purposes of this Act.