P-9.002 - Cultural Heritage Act

Section 148 Disposition versions

2016-01-01

148. If the council of the municipality is of the opinion that there is a perceived or real threat of significant degradation of a property that may have heritage value, it may make an order, effective for a period of not more than 30 days,

(1)  directing that the site be closed, or permitting access only to certain persons or on certain conditions, and providing for the posting of a notice to that effect in public view at the entrance to or near the site;

(2)  directing that work or an activity be terminated or that special security measures be taken;

(3)  directing that archaeological excavations be carried out; or

(4)  directing that any other measure the council considers necessary be taken to prevent a greater threat to the property, or to mitigate the effects of or eliminate the threat.

Before making an order against a person, the council of the municipality must give the person prior notice in writing of its intention and the reasons motivating it and allow the person at least 10 days to submit observations.

The council may, however, if urgent action is required or to prevent irreparable damage, make an order without being bound by those prior obligations. In such a case, the person may, within 10 days from notification of the order, submit observations to the council with a view to obtaining a review of the order.

Simultaneously with notification of prior notice or of an order, the council of the municipality must send a copy of the prior notice or order to the Minister who will carry out any consultations with a Native community required in order for the council to take the community’s concerns into account. The council must review the order to that end, if need be.

A judge of the Superior Court may cancel an order or reduce its effective period on application by an interested person.

On application by the council of the municipality, a judge of that Court, in addition to ordering a person to comply, may also extend, renew or make permanent the order if the judge considers that the property is seriously threatened, and is of the opinion that the order made by the council of the municipality is appropriate.

The judge may also make any amendment to the order that appears to the judge to be reasonable in the circumstances.

If a person fails to carry out the measures ordered under this division within the allotted time, the Court may authorize the municipality to have the measures carried out. The cost of carrying out the measures incurred by the municipality is a prior claim on the property, of the same nature and with the same rank as the claims listed in paragraph 5 of article 2651 of the Civil Code; the cost is secured by a legal hypothec on the property.

2011, c. 21, s. 148; I.N. 2016-01-01 (NCCP).

2012-10-19

148. If the council of the municipality is of the opinion that there is a perceived or real threat of significant degradation of a property that may have heritage value, it may make an order, effective for a period of not more than 30 days,

(1)  directing that the site be closed, or permitting access only to certain persons or on certain conditions, and providing for the posting of a notice to that effect in public view at the entrance to or near the site;

(2)  directing that work or an activity be terminated or that special security measures be taken;

(3)  directing that archaeological excavations be carried out; or

(4)  directing that any other measure the council considers necessary be taken to prevent a greater threat to the property, or to mitigate the effects of or eliminate the threat.

Before making an order against a person, the council of the municipality must give the person prior notice in writing of its intention and the reasons motivating it and allow the person at least 10 days to submit observations.

The council may, however, if urgent action is required or to prevent irreparable damage, make an order without being bound by those prior obligations. In such a case, the person may, within 10 days from service of the order, submit observations to the council with a view to obtaining a review of the order.

Simultaneously with notification of prior notice or service of an order, the council of the municipality must send a copy of the prior notice or order to the Minister who will carry out any consultations with a Native community required in order for the council to take the community’s concerns into account. The council must review the order to that end, if need be.

A judge of the Superior Court may cancel an order or reduce its effective period on application by an interested person.

On application by the council of the municipality, a judge of that Court, in addition to ordering a person to comply, may also extend, renew or make permanent the order if the judge considers that the property is seriously threatened, and is of the opinion that the order made by the council of the municipality is appropriate.

The judge may also make any amendment to the order that appears to the judge to be reasonable in the circumstances.

If a person fails to carry out the measures ordered under this division within the allotted time, the Court may authorize the municipality to have the measures carried out. The cost of carrying out the measures incurred by the municipality is a prior claim on the property, of the same nature and with the same rank as the claims listed in paragraph 5 of article 2651 of the Civil Code; the cost is secured by a legal hypothec on the property.

2011, c. 21, s. 148.