Acts and Regulations

H-4.05 - Heritage Conservation Act

Full text
Application for court order
89(1)The Minister, a municipality or a person named by either of them may make an application to the court for any of the orders described in subsection (2), whether or not a penalty has been provided or imposed under this Act, if a person:
(a) contravenes or fails to comply with
(i) a provision of this Act, the regulations or a by-law made under section 55,
(ii) an order or demand made under this Act or a by-law made under section 55, or
(iii) a term or condition of a permit issued under this Act; or
(b) obstructs a person in the performance of his or her duties under this Act.
89(2)In a proceeding under this section, the court may make an order
(a) restraining the continuance or repetition of the contravention, failure or obstruction;
(b) directing the surrender to the Minister of an archaeological, palaeontological or burial object for which the property has vested in the Crown;
(c) directing the surrender of human remains to the Minister for the purpose of ensuring their burial;
(d) directing the removal or destruction of a building or structure, or a part of a building or structure, in respect of which the contravention or failure has taken place, and that on failure to comply with the order, a person designated by the Minister or the council may remove or destroy the building or structure, or part of the building or structure, at the expense of the owner;
(e) that the court considers necessary to enforce the provision in respect of which the application was made; and
(f) as to costs and the recovery of the expenses of the removal or destruction.
Application for court order
89(1)The Minister, a municipality or a person named by either of them may make an application to the court for any of the orders described in subsection (2), whether or not a penalty has been provided or imposed under this Act, if a person:
(a) contravenes or fails to comply with
(i) a provision of this Act, the regulations or a by-law made under section 55,
(ii) an order or demand made under this Act or a by-law made under section 55, or
(iii) a term or condition of a permit issued under this Act; or
(b) obstructs a person in the performance of his or her duties under this Act.
89(2)In a proceeding under this section, the court may make an order
(a) restraining the continuance or repetition of the contravention, failure or obstruction;
(b) directing the surrender to the Minister of an archaeological, palaeontological or burial object for which the property has vested in the Crown;
(c) directing the surrender of human remains to the Minister for the purpose of ensuring their burial;
(d) directing the removal or destruction of a building or structure, or a part of a building or structure, in respect of which the contravention or failure has taken place, and that on failure to comply with the order, a person designated by the Minister or the council may remove or destroy the building or structure, or part of the building or structure, at the expense of the owner;
(e) that the court considers necessary to enforce the provision in respect of which the application was made; and
(f) as to costs and the recovery of the expenses of the removal or destruction.