Acts and Regulations

H-4.05 - Heritage Conservation Act

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Powers of Appeal Board
71(1)On an appeal of a decision of a heritage board or an inspector, the Appeal Board may:
(a) dismiss the appeal;
(b) allow the appeal in whole or in part, by cancelling a permit or by ordering the issuance of a permit attaching the terms and conditions to the permit that the Appeal Board considers necessary to ensure consistency with this Act or a by-law made under this Act;
(c) allow the appeal in whole or in part, by setting aside an order to cease activity; or
(d) add a term or condition to the permit or vary or delete a term or condition.
71(2)If the Appeal Board orders the issuance of a permit, the heritage board or the heritage officer shall immediately comply with the order.
71(3)A decision of the Appeal Board, other than an order referred to in subsection (2), takes effect 4 days after the date it is mailed in accordance with subsection 72(2) of the Local Governance Commission Act.
71(4)In addition to any other authority that the Appeal Board may have under this section, the Appeal Board may refer a matter back to the heritage board or the heritage officer that made the decision appealed from.
71(5)If the Appeal Board refers a matter back under subsection (4), it may provide directions.
71(6)If the Appeal Board refers a matter back under subsection (4), the heritage board or the heritage officer, as the case may be, may affirm, revoke or vary the decision appealed from.
2023, c.18, s.96
Powers of Appeal Board
71(1)On an appeal of a decision of a heritage board or an inspector, the Appeal Board may:
(a) dismiss the appeal;
(b) allow the appeal in whole or in part, by cancelling a permit or by ordering the issuance of a permit attaching the terms and conditions to the permit that the Appeal Board considers necessary to ensure consistency with this Act or a by-law made under this Act;
(c) allow the appeal in whole or in part, by setting aside an order to cease activity; or
(d) add a term or condition to the permit or vary or delete a term or condition.
71(2)If the Appeal Board orders the issuance of a permit, the heritage board or the heritage officer shall immediately comply with the order.
71(3)A decision of the Appeal Board, other than an order referred to in subsection (2), takes effect 4 days after the date it is mailed in accordance with subsection 14(2) of the Assessment and Planning Appeal Board Act.
71(4)In addition to any other authority that the Appeal Board may have under this section, the Appeal Board may refer a matter back to the heritage board or the heritage officer that made the decision appealed from.
71(5)If the Appeal Board refers a matter back under subsection (4), it may provide directions.
71(6)If the Appeal Board refers a matter back under subsection (4), the heritage board or the heritage officer, as the case may be, may affirm, revoke or vary the decision appealed from.
Powers of Appeal Board
71(1)On an appeal of a decision of a heritage board or an inspector, the Appeal Board may:
(a) dismiss the appeal;
(b) allow the appeal in whole or in part, by cancelling a permit or by ordering the issuance of a permit attaching the terms and conditions to the permit that the Appeal Board considers necessary to ensure consistency with this Act or a by-law made under this Act;
(c) allow the appeal in whole or in part, by setting aside an order to cease activity; or
(d) add a term or condition to the permit or vary or delete a term or condition.
71(2)If the Appeal Board orders the issuance of a permit, the heritage board or the heritage officer shall immediately comply with the order.
71(3)A decision of the Appeal Board, other than an order referred to in subsection (2), takes effect 4 days after the date it is mailed in accordance with subsection 14(2) of the Assessment and Planning Appeal Board Act.
71(4)In addition to any other authority that the Appeal Board may have under this section, the Appeal Board may refer a matter back to the heritage board or the heritage officer that made the decision appealed from.
71(5)If the Appeal Board refers a matter back under subsection (4), it may provide directions.
71(6)If the Appeal Board refers a matter back under subsection (4), the heritage board or the heritage officer, as the case may be, may affirm, revoke or vary the decision appealed from.
Powers of Appeal Board
71(1)On an appeal of a decision of a heritage board or an inspector, the Appeal Board may:
(a) dismiss the appeal;
(b) allow the appeal in whole or in part, by cancelling a permit or by ordering the issuance of a permit attaching the terms and conditions to the permit that the Appeal Board considers necessary to ensure consistency with this Act or a by-law made under this Act;
(c) allow the appeal in whole or in part, by setting aside an order to cease activity; or
(d) add a term or condition to the permit or vary or delete a term or condition.
71(2)If the Appeal Board orders the issuance of a permit, the heritage board or the heritage officer shall immediately comply with the order.
71(3)A decision of the Appeal Board, other than an order referred to in subsection (2), takes effect 4 days after the date it is mailed in accordance with subsection 14(2) of the Assessment and Planning Appeal Board Act.
71(4)In addition to any other authority that the Appeal Board may have under this section, the Appeal Board may refer a matter back to the heritage board or the heritage officer that made the decision appealed from.
71(5)If the Appeal Board refers a matter back under subsection (4), it may provide directions.
71(6)If the Appeal Board refers a matter back under subsection (4), the heritage board or the heritage officer, as the case may be, may affirm, revoke or vary the decision appealed from.