Acts and Regulations

H-4.05 - Heritage Conservation Act

Full text
Objects and documents
79(1)Except for an archaeological, palaeontological or burial object for which the property has vested in the Crown or for human remains, the material or objects removed during an inspection under section 76 shall be returned to the occupier of the inspected premises as soon as possible after the making of copies, or the taking of extracts or samples.
79(2)A copy, extract or sample of any material or thing related to an inspection and purporting to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy, extract or sample.
79(3)A certificate referred to in subsection (2) shall not be received in evidence unless the party intending to produce it has given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the certificate.
79(4)A person against whom a certificate referred to in subsection (2) is produced may, with leave of the court, require the attendance of the person who signed the certificate for purposes of cross-examination.
Objects and documents
79(1)Except for an archaeological, palaeontological or burial object for which the property has vested in the Crown or for human remains, the material or objects removed during an inspection under section 76 shall be returned to the occupier of the inspected premises as soon as possible after the making of copies, or the taking of extracts or samples.
79(2)A copy, extract or sample of any material or thing related to an inspection and purporting to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy, extract or sample.
79(3)A certificate referred to in subsection (2) shall not be received in evidence unless the party intending to produce it has given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the certificate.
79(4)A person against whom a certificate referred to in subsection (2) is produced may, with leave of the court, require the attendance of the person who signed the certificate for purposes of cross-examination.