Part 5
General
49 Temporary
Stop Order
50 Compensation
51 Exemption
from building code
52 Offence
and penalty
53 Act
binds Crown
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “archaeological
resource” means a work of humans that
(i) is primarily of value for its prehistoric, historic, cultural or
scientific significance, and
(ii) is or was buried or partially buried in land in Alberta or
submerged beneath the surface of any watercourse or permanent body of water in
Alberta,
and includes those works of
humans or classes of works of humans designated by the regulations as
archaeological resources;
(b) “donation”
includes any gift, testamentary disposition, deed of trust or other form of
contribution;
(c) “Foundation”
means The Alberta Historical Resources Foundation;
(d) “historic
object” means any historic resource of a movable nature including any specimen,
artifact, document or work of art;
(e) “historic
resource” means any work of nature or of humans that is primarily of value for
its palaeontological, archaeological, prehistoric, historic, cultural, natural,
scientific or esthetic interest including, but not limited to, a
palaeontological, archaeological, prehistoric, historic or natural site,
structure or object;
(f) “historic
site” means any site that includes or consists of an historical resource of an
immovable nature or that cannot be disassociated from its context without
destroying some or all of its value as an historical resource and includes a
prehistoric, historic or natural site or structure;
(g) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
(h) “palaeontological
resource” means a work of nature consisting of or containing evidence of
extinct multicellular beings and includes those works of nature or classes of
works of nature designated by the regulations as palaeontological resources;
(i) “Provincial
Historic Resource” means an historic resource that is designated under section
20(1) as a Provincial Historic Resource;
(j) “Registered Historic Resource” means an
historic resource that is designated under section 19(1) as a Registered
Historic Resource.
RSA 1980 cH‑8
s1;1992 c16 s2
Part 1
Historical Resources Generally
Duty re historic
resources
2 The Minister is responsible for
(a) the
co‑ordination of the orderly development,
(b) the
preservation,
(c) the
study and interpretation, and
(d) the
promotion of appreciation
of Alberta’s historic resources.
RSA 1980 cH‑8 s2
Staff
3 In accordance with the Public Service Act, there may be
appointed the employees necessary for the administration of this Act.
RSA 1980 cH‑8
s3;1991 c17 s2;1997 c12 s2
Experts and advisors
4(1) The Minister may from time to time engage the
services of experts or persons having special technical or other knowledge to
advise the Minister or to inquire into and report to the Minister on matters
under this Act.
(2) A person whose services are engaged under this
section may be paid the remuneration and expenses that the Minister may
prescribe.
RSA 1980 cH‑8 s4
Acquisition of property
5(1) The Minister may
(a) acquire
by purchase, gift, bequest, devise, loan, lease or otherwise any historic
object, building or historic site;
(b) sell,
lease, exchange or otherwise dispose of any historic object, building or
historic site so acquired;
(c) lend
or lease any historic objects or any other objects acquired under this Act;
on any terms the
Minister considers appropriate.
(2) The
Minister may acquire by gift, devise, bequest or loan, any building, site or
other thing of historic, scientific or artistic interest whether or not having
a bearing on the heritage of Alberta.
(3) Any property acquired by the Minister under
this section by gift, devise, bequest or loan is subject to any terms and
conditions stipulated by the person giving, devising, bequeathing or lending
the property.
RSA 1980 cH‑8 s5
Minister’s powers
6(1) The Minister may
(a) exhibit
and display the property acquired under this Act, including exhibitions outside
Alberta, as the Minister considers desirable;
(b) classify,
preserve, index and catalogue the historic resources and other property
acquired under this Act;
(c) for
the purpose of public sale
(i) cause to be prepared or acquired books, pamphlets, souvenirs,
photographs, reproductions and similar items, and
(ii) cause information and studies to be compiled or prepared;
(d) fix
the sale price of items sold under this Act and establish fees or charges for
services provided under this Act;
(e) undertake,
support or sponsor educational or research programs relevant to the purposes of
this Act;
(f) provide
assistance, advisory services and training programs to individuals,
institutions, agencies and organizations in Alberta having aims and objectives
similar to those of this Act;
(g) do
or authorize to be done all other things that are incidental to or conducive to
the attainment of the purposes and objects of this Act.
(2) The
Minister may make regulations
(a) fixing
the times, terms and conditions of public access to collections, property and
locations under the Minister's control;
(b) respecting
the use and protection of property under the Minister's control;
(c) generally
for the operation, conduct and management of properties under the Minister's
control;
(d) governing
the conditions on which research permits may be issued under section 30;
(e) prescribing the standards of curatorship to
be maintained in institutions to which the Minister has given custody of
historic resources.
RSA 1980 cH‑8
s6;1991 c17 s3
Grants
7(1) The Minister may make grants if
(a) the
Minister is authorized to do so by regulations under this section, and
(b) there
is authority available in a supply vote for the purpose for which the grant is
to be made.
(2) The
Lieutenant Governor in Council may make regulations
(a) authorizing
the Minister to make grants;
(b) prescribing
the purposes for which grants may be made;
(c) governing
applications for grants;
(d) prescribing
the persons or organizations or classes of persons or organizations eligible
for grants;
(e) specifying
the conditions required to be met by any applicant for a grant to render that
person eligible for the grant;
(f) prescribing
the conditions on which a grant is made and requiring the repayment of it to
the Government if the conditions are not met;
(g) providing
for the payment of any grant in a lump sum or by instalments and prescribing
the time or times at which the grant or the instalments may be paid;
(h) limiting
the amount of any grant or class of grant that may be made;
(i) authorizing
the Minister to delegate in writing to any employee of the Government any duty,
power or function respecting the payment of any grant;
(j) requiring
any person receiving a grant to account for the way in which the grant is spent
in whole or in part;
(k) authorizing
the Minister to enter into an agreement with respect to any matter relating to
the payment of a grant.
(3) A regulation under subsection (2) may be
specific or general in application.
RSA 1980 cH‑8 s7
Committees
8(1) The Minister may appoint committees from time
to time as the Minister considers advisable or necessary for the purposes of
this Act.
(2) The
Minister may, with respect to any committee established under this section,
(a) appoint
or provide for the manner of appointment of its members,
(b) prescribe
the term of office of any member,
(c) designate
a chair, vice‑chair and secretary, and
(d) authorize, fix and provide for the payment
of remuneration and expenses to members.
RSA 1980 cH‑8 s8
Museum objects
9 The Minister may
(a) provide
for the operation, maintenance and development of The Provincial Museum of
Alberta;
(b) cause
to be exhibited and displayed specimens, artifacts, documents and works of art
depicting the history of Alberta, or any other subjects that may be of public
interest from time to time;
(c) receive
from other institutions, produce, exchange and display loan and circulating
exhibits for use both in and out of Alberta;
(d) undertake,
support or sponsor educational and research programs relevant to the purposes
of this Part;
(e) publish
information and studies;
(f) co‑operate
with other agencies and societies and, in particular, provide advisory
services, training, grants and assistance to museums in Alberta;
(g) maintain
and operate museums placed under the Minister’s care and custody and enter into
agreements with other institutions, agencies and organizations for the
operation of museums;
(h) provide
for the operation, maintenance and development of the Provincial Archives of
Alberta for
(i) the preservation, storage, publication and public exhibition of
public records, and
(ii) the acquisition, preservation, publication
and public exhibition of documents, parchments, manuscripts, records, books,
maps, plans, photographs, magnetic tapes or other materials, regardless of
physical form, the preservation of which is in the public interest.
RSA 1980 cH‑8
s9;1983 cD‑25.5 s23
Copies as evidence
10 A copy of any original public record or other
document in the custody of the Provincial Archives of Alberta, certified by the
Provincial Archivist to be a true copy, shall be admitted in evidence as proof,
in the absence of evidence to the contrary, of the authenticity and correctness
of the document and of the contents of the original without proof of the
signature or appointment of the Provincial Archivist.
RSA 1980 cH‑8 s10
Part 2
Historic Resources Fund
Definition
11 In this Part, “Fund” means the Historic
Resources Fund.
1991 c17 s4
Historic Resources Fund
12(1) The Historic Resources Fund is established.
(2) The
Minister may use the Fund for the following purposes:
(a) to
fund programs designated by the Lieutenant Governor in Council for the
protection, enhancement, promotion or display of Alberta’s historic resources;
(b) to
provide operational grants to non‑profit organizations whose objects are
to protect, enhance, promote or display Alberta’s historic resources;
(c) to
promote the use and development of any facility that is used to protect,
enhance, promote or display Alberta’s historic resources.
(3) The
following must be deposited into the Fund:
(a) fees
and charges under this Act designated by the Minister to be deposited into the
Fund;
(b) donations
to the Fund;
(c) money
received under agreements between the Government of Alberta as represented by
the Minister and another government or any other person or entity made to
achieve any of the purposes described in subsection (2);
(d) accountable advances to the Fund from the
General Revenue Fund.
1991 c17 s4;1997 c12 s3
Management and pooled
investment of funds
13(1) The
Minister may be a participant under section 40 of the Financial
Administration Act on behalf of the Historic Resources Fund.
(2) The income of the Historic Resources
Fund accrues to and forms part of the Historic Resources Fund.
RSA 2000 cH‑9
s13;2004 c7 s19
Payment from Fund
14 The Minister may make payments
from the Fund for any of the purposes described in section 12(2).
1991 c17 s4;1997 c12 s5
Annual report
15(1) The Minister shall, as soon as possible after
the end of the fiscal year, prepare a report that summarizes the operation of
the Fund during the last fiscal year and includes the audited financial
statements of the Fund.
(2) The Minister shall lay a copy of the report
before the Legislative Assembly if it is sitting and, if it is not sitting,
within 15 days after the commencement of the next sitting.
1991 c17 s4
Part 3
Historic Resource Management
Powers re historic sites
16 The Minister may
(a) designate
and protect historic resources;
(b) undertake
programs of research into and documentation of matters relating to the heritage
of Alberta and maintain records of Registered Historic Resources and Provincial
Historic Resources;
(c) place
markers, signs, cairns or other interpretive facilities in any suitable
location for the interest and guidance of the public;
(d) administer,
maintain, restore, record, conduct research and educational services, provide
interpretive exhibits and carry out any functions required in the proper
management and interpretation of Provincial Historic Resources that are owned
by the Crown or wholly located on Crown lands;
(e) carry
out surveys, investigate, document and excavate any site in Alberta;
(f) report
on the investigation, documentation or excavation of any site;
(g) enter
into agreements with persons to carry out surveys and excavations and prepare
reports on them;
(h) co‑operate
with other agencies, societies or persons in carrying out any program likely to
promote or enhance the preservation, protection and interpretation of historic
sites;
(i) provide programs for the information and
benefit of persons interested in archaeology or the conservation of historic
sites.
RSA 1980 cH‑8 s11
Historic Sites Co‑ordinating
Committee
17(1) The Minister may appoint an Historic Sites Co‑ordinating
Committee composed of a chair and any other persons the Minister considers
appropriate.
(2) The Historic Sites Co‑ordinating
Committee shall establish liaison between and co‑ordinate the activities
of departments in relation to actions and programs that may have effect on the
preservation and development of historic sites.
RSA 1980 cH‑8 s12
Geographical names
18(1) The name of any place or other geographical
feature in Alberta that
(a) was
approved after March 31, 1949 and before January 1, 1975 by the Geographic
Board of Alberta under The Geographical
Names Act, RSA 1970 c159,
(b) was
approved or changed after December 31, 1974 by the Historic Sites Board
pursuant to this Act, or
(c) is
approved or changed by the Foundation pursuant to subsection (2),
is the authorized name
of that place or feature for all purposes.
(2) The
Foundation may, with the consent of the Minister, approve a name for, or
approve a change of the name for, any place or other geographical feature in
Alberta.
(3) When
the Foundation approves the name or changes the name of any place or other
geographical feature under this section, a notice signed by the secretary of
the Foundation setting out the name approved or the change of name and the
location of the place or other geographical feature to which the name applies
shall be published by the secretary in The Alberta Gazette.
(4) The
Minister may make regulations
(a) prescribing
standards and guidelines for the approval of names and changes of names by the
Foundation;
(b) prescribing
the duties of the Foundation with respect to nomenclature;
(c) governing and requiring consultation by the
Foundation with any department, municipality, person or body of persons
concerning the naming of, or the changing of the name of, any place or other
geographical feature.
RSA 1980 cH‑8
s14;1992 c16 s4
Designation as
Registered Historic Resource
19(1) The Minister, after giving the owner 60 days’
notice of the Minister’s intention to do so, may by order designate any
historic resource the preservation of which the Minister considers to be in the
public interest, together with any land in or on which it is located and
adjacent land that may be specified in the order, as a Registered Historic
Resource.
(2) The
Minister shall
(a) serve
a copy of the order on the owner of the historic resource and the owner of any
land that will be subject to the order,
(b) publish
a notice of the designation, including a description of the historic resource,
in The Alberta Gazette, and
(c) if
the order relates to or includes any land, cause a certified copy of the order
to be registered in the appropriate land titles office.
(3) On
the registration of a certified copy of the order in the appropriate land
titles office, the Registrar of Land Titles shall endorse a memorandum of the
registration on the certificate of title to any land affected by the order.
(4) An
order under subsection (1) is effective
(a) as
against the owner of the historic resource and the owner of any land that is
subject to the order, when the owner is served with a copy of the order or when
the notice under subsection (2)(b) is published in The Alberta Gazette,
whichever occurs first, and
(b) as
against all other persons, when the notice under subsection (2)(b) is published
in The Alberta Gazette.
(5) Notwithstanding
any other Act, no person shall
(a) destroy,
disturb, alter, restore or repair any historic resource or land that has been
designated under this section, or
(b) remove
an historic object from an historic resource that has been designated under
this section
until the expiration
of 90 days from the date that notice of the person’s proposed action is served
on the Minister, unless the Minister sooner consents to the proposed action.
(6) On
the service of a notice of intention under subsection (1), subsection (5)
applies to the historic resource and land as if an order under subsection (1)
had been made and was effective under subsection (4), until the time the
Minister makes the order or revokes the notice of intention or until the expiry
of 120 days from the receipt of the notice.
(7) Notwithstanding
subsection (6), a person who has been served with a notice of intention under
subsection (1) may apply by originating notice to the Court of Queen’s Bench
for an order shortening the period of 120 days mentioned in subsection (6).
(8) If
the Minister rescinds an order made under subsection (1), the Minister shall
(a) serve
a copy of the rescinding order on the owner of the historic resource and the
owner of any land that is subject to the order,
(b) publish
a notice of the rescinding order in The Alberta Gazette, and
(c) if
the order under subsection (1) was registered against the certificate of title
to any land, cause a certified copy of the rescinding order to be registered in
the appropriate land titles office.
(9) On the registration of a certified copy of a
rescinding order in the appropriate land titles office, the Registrar of Land
Titles shall endorse a memorandum on the certificate of title to any land
concerned cancelling the registration of the order under subsection (1).
RSA 1980 cH‑8 s15
Designation as Provincial
Historic Resource
20(1) The Minister may by order designate any
historic resource the preservation of which the Minister considers to be in the
public interest, together with any land in or on which it is located and
adjacent land that may be specified in the order, as a Provincial Historic
Resource.
(2) The
Minister shall
(a) serve
notice of the Minister’s intention to make an order under subsection (1) on the
owner of the historic resource and on the owner of any land that will be
subject to the order, and
(b) publish
notice of the Minister’s intention to make an order under subsection (1) in The
Alberta Gazette
at least 60 days prior
to the date on which the Minister proposes to make the designation.
(3) A
notice under subsection (2) shall contain a description of the historic
resource that the Minister proposes to designate and shall state the reasons
for the proposed designation.
(4) Any
interested person may, within 30 days after the publication of the notice in
The Alberta Gazette, advise the Foundation that the person wishes to make
representations concerning the proposed designation.
(5) At
the conclusion of the 30‑day period, the Foundation shall notify all
persons who have advised the Foundation of their intention to make representations
of a date fixed by the Foundation for the hearing of the representations, which
must be not fewer than 15 days prior to the date on which the Minister proposes
to make the designation, and the Foundation may, after hearing the
representations, make recommendations to the Minister as to the proposed
designation.
(6) If
no representations are made or if the Foundation after hearing any
representations recommends that the Minister proceed with the proposed
designation, the Minister may proceed to make the order under subsection (1)
and as soon as possible after making the order the Minister shall
(a) serve
a copy of the order on the owner of the historic resource and on the owner of
any land that is subject to the order,
(b) publish
a notice of the designation, including a description of the historic resource
and any land that is subject to the order, in The Alberta Gazette, and
(c) if
the order relates to or includes any land, cause a certified copy of the order
to be registered in the appropriate land titles office.
(7) On
the registration of a certified copy of an order in the appropriate land titles
office, the Registrar of Land Titles shall endorse a memorandum on the
certificate of title to any land affected by the order.
(8) An
order under subsection (1) is effective
(a) as
against the owner of the historic resource and the owner of any land that is
subject to the order, when the owner is served with a copy of the order or when
the notice under subsection (6)(b) is published in The Alberta Gazette,
whichever occurs first, and
(b) as
against all other persons, when the notice under subsection (6)(b) is published
in The Alberta Gazette.
(9) Notwithstanding
any other Act, no person shall
(a) destroy,
disturb, alter, restore or repair any historic resource or land that has been
designated under this section, or
(b) remove
an historic object from an historic resource that has been designated under
this section
without the written
approval of the Minister.
(10) The
Minister, in the Minister’s absolute discretion, may refuse to grant an
approval under subsection (9) or may make the approval subject to any
conditions the Minister considers appropriate.
(11) The
owner of an historic resource that is subject to an order under subsection (1)
shall, at least 30 days before any sale or other disposition of the historic
resource, serve notice of the proposed sale or other disposition on the
Minister.
(12) When
a person inherits an historic resource that is subject to an order under
subsection (1), that person shall notify the Minister of the inheritance within
15 days after the historic resource is transferred to the person.
(13) On
service of a notice of intention under subsection (2), subsections (8) to (12)
apply to the historic resource and land as if an order under subsection (1) had
been made and was effective under subsection (8), until the time the Minister
makes the order or revokes the notice of intention or until the expiry of 120
days from service of the notice.
(14) Notwithstanding
subsection (13), a person who has been served with a notice of intention under
subsection (2) may apply by originating notice to the Court of Queen’s Bench
for an order shortening the period of 120 days mentioned in subsection (13).
(15) If
the Minister rescinds an order made under subsection (1), the Minister shall
(a) serve
a copy of the rescinding order on the owner of the historic resource and the
owner of any land that is subject to the order,
(b) publish
a notice of the rescinding order in The Alberta Gazette, and
(c) if
the order under subsection (1) was registered against the certificate of title
to any land, cause a certified copy of the rescinding order to be registered in
the appropriate land titles office.
(16) On the registration of a certified copy of a
rescinding order in the appropriate land titles office, the Registrar of Land
Titles shall endorse a memorandum on the certificate of title to any land
concerned cancelling the registration of the order under subsection (1).
RSA 1980 cH‑8
s16;1992 c16 s5
Service of notice
21 A notice, order or other document under section
19 or 20 may be served by personal service or registered mail or in any other
manner as the Court of Queen’s Bench may direct.
RSA 1980 cH‑8 s17
Crown owned historic
resource
22 If the historic resource that is the subject of
an order under section 20(1) is an historic resource that is owned by the Crown
or wholly situated on Crown land,
(a) section
20(2), (4), (5), (6)(a), (11) to (14) and (15)(a) do not apply with respect to that
historic resource,
(b) at
least 60 days prior to the date of making an order under section 20(1), the
Minister shall give notice of the Minister’s intention to make the order to the
Minister of the Crown who has the administration of the land or historic
resource,
(c) no
sale or other disposition of property that is the subject of an order under
section 20(1) may be made without giving the Minister at least 60 days’ notice,
and
(d) the
Minister may
(i) restore, alter or demolish any structure located within the area designated as a
Provincial Historic Resource, and
(ii) make regulations governing the management
and development of the Provincial Historic Resource.
RSA 1980 cH‑8
s18;1989 c17 s10;1992 c16 s6
Maintenance and repair
23 The Minister may
(a) make
regulations governing standards of maintenance of Provincial Historic
Resources,
(b) make
regulations governing signs and billboards on Provincial Historic Resources,
and
(c) by order require specific repairs or other
measures to be made or taken to preserve any particular Provincial Historic
Resource.
RSA 1980 cH‑8 s19
Provincial Historic Area
24(1) The Lieutenant Governor in Council may by
regulation establish any area of Alberta as a Provincial Historic Area.
(2) If
the Lieutenant Governor in Council establishes a Provincial Historic Area, the
Lieutenant Governor in Council may, with respect to the Area, by regulation
(a) prohibit
or regulate and control the use, development or occupation of land or
buildings;
(b) prohibit
or regulate and control the exercise of any power specified in the regulations
by
(i) a specified Minister of the Crown, or
(ii) a government agency;
(c) prohibit
or regulate and control the demolition, removal, repair, construction or
reconstruction of buildings or other things;
(d) authorize
the acquisition by purchase or expropriation by a specified Minister of the
Crown of any estate or interest in the land;
(e) authorize
any specified Minister of the Crown, government agency or any other person to
consent to or approve any particular kind of use, development or occupation of
land or to exempt any particular kind of use, development or occupation from
the operation of any provision of the regulations made under this section;
(f) regulate
and control the construction, height, location or size of buildings;
(g) make
any or all of the provisions of the Surface
Rights Act inapplicable to land of the Crown;
(h) prohibit,
with respect to any land of the Crown in the area, any expropriation to which
the Expropriation Act applies;
(i) confer
on any specified Minister of the Crown, with or without conditions, any power
or duty under the regulations.
(3) In
this section, “government agency” means a corporation that is an agent of the
Crown in right of Alberta, a government official and any corporation,
commission, board or other body empowered to perform quasi‑judicial or
governmental functions and whose members are appointed by an Act of the
Legislature, the Lieutenant Governor in Council or a Minister of the Crown or
any combination of them.
(4) Unless the contrary is expressly declared in
regulations made under this section, the regulations operate notwithstanding
Part 17 of the Municipal Government Act.
RSA 1980 cH‑8
s20;1995 c24 s100
Registration of notice
of Provincial Historic Area regulation
25(1) If a Provincial Historic Area is established
pursuant to section 24, the Minister shall file a notice to that effect,
together with a certified copy of the regulation, with the Registrar of Land
Titles, and the Registrar shall endorse a memorandum of the notice on each
certificate of title pertaining to land within the Area.
(2) If
a regulation made pursuant to section 24 is amended,
(a) the
Minister shall file a further notice respecting the amending regulation together
with a certified copy of the amending regulation,
(b) the
Registrar of Land Titles shall keep the further notice with the original notice
and shall treat them as one document, and
