Acts and Regulations

H-4.05 - Heritage Conservation Act

Full text
Ministerial inspection
76For the purpose of an inspection, an inspector appointed by the Minister, at a reasonable time and on producing his or her certificate of appointment if so requested, may enter any place referred to in subsection 74(1) and may do any of the following:
(a) be accompanied by and assisted by a person having special, expert or professional knowledge in an area relevant to the inspection;
(b) observe ongoing archaeological or palaeontological field research, excavations or alterations at an archaeological site, palaeontological site or burial ground or observe work taking place in a laboratory or in a storage area;
(c) prohibit a person from entering an archaeological or palaeontological site, a burial ground, a laboratory or storage area or parts of a laboratory or storage area where the work referred to in paragraph (b) is being carried out, for a reasonable period of time for the purposes of carrying out an examination, excavation or test;
(d) observe work and development that are subject to a permit;
(e) take photographs, video or other visual recordings, make acoustic recordings or make notes of the field, site or building conditions, of the conditions of any other place being inspected or of the artifacts or materials found at the place and take with him or her the equipment or recording materials required for this purpose;
(f) make inquiries of a person working at the place being inspected that are relevant to the inspection;
(g) require a person at the place being inspected to produce for inspection
(i) any drawing, field notes, specifications, permit, record, report, or any other document that is relevant to the inspection,
(ii) any photograph, video or other visual recording that is relevant to the inspection,
(iii) any human remains, archaeological or palaeontological object, burial object or artifact,
(iv) any other thing or material that is relevant to the inspection;
(h) perform excavations, research, assessments and tests at the premises being inspected, or take samples from the premises, including tests conducted on, or samples taken from artifacts, archaeological objects, palaeontological objects or burial objects;
(i) require in writing that any work referred to in paragraph (h) be carried out by or under the direction of a person specified by the inspector, including a person accompanying the inspector under paragraph (a);
(j) require in writing that a person carrying out or directing any work referred to in paragraph (h) provide a report to the inspector within the time specified by the inspector;
(k) after providing a receipt, remove items mentioned in paragraph (g) for the purpose of obtaining copies, or taking extracts or samples;
(l) remove human remains for the purpose of burial; and
(m) remove archaeological objects, palaeontological objects or burial objects for which the property has vested in the Crown.
Ministerial inspection
76For the purpose of an inspection, an inspector appointed by the Minister, at a reasonable time and on producing his or her certificate of appointment if so requested, may enter any place referred to in subsection 74(1) and may do any of the following:
(a) be accompanied by and assisted by a person having special, expert or professional knowledge in an area relevant to the inspection;
(b) observe ongoing archaeological or palaeontological field research, excavations or alterations at an archaeological site, palaeontological site or burial ground or observe work taking place in a laboratory or in a storage area;
(c) prohibit a person from entering an archaeological or palaeontological site, a burial ground, a laboratory or storage area or parts of a laboratory or storage area where the work referred to in paragraph (b) is being carried out, for a reasonable period of time for the purposes of carrying out an examination, excavation or test;
(d) observe work and development that are subject to a permit;
(e) take photographs, video or other visual recordings, make acoustic recordings or make notes of the field, site or building conditions, of the conditions of any other place being inspected or of the artifacts or materials found at the place and take with him or her the equipment or recording materials required for this purpose;
(f) make inquiries of a person working at the place being inspected that are relevant to the inspection;
(g) require a person at the place being inspected to produce for inspection
(i) any drawing, field notes, specifications, permit, record, report, or any other document that is relevant to the inspection,
(ii) any photograph, video or other visual recording that is relevant to the inspection,
(iii) any human remains, archaeological or palaeontological object, burial object or artifact,
(iv) any other thing or material that is relevant to the inspection;
(h) perform excavations, research, assessments and tests at the premises being inspected, or take samples from the premises, including tests conducted on, or samples taken from artifacts, archaeological objects, palaeontological objects or burial objects;
(i) require in writing that any work referred to in paragraph (h) be carried out by or under the direction of a person specified by the inspector, including a person accompanying the inspector under paragraph (a);
(j) require in writing that a person carrying out or directing any work referred to in paragraph (h) provide a report to the inspector within the time specified by the inspector;
(k) after providing a receipt, remove items mentioned in paragraph (g) for the purpose of obtaining copies, or taking extracts or samples;
(l) remove human remains for the purpose of burial; and
(m) remove archaeological objects, palaeontological objects or burial objects for which the property has vested in the Crown.