The Saskatchewan Heritage Act

Transcription

1 The Saskatchewan Heritage Act being Chapter S-22 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Interpretation 3 Duties of minister 4 Powers of minister 5 Board, appointment, members and duties of 6 Protected property 7 Powers of Lieutenant Governor in Council 8 Investigation 9 Interference 10 Offences and penalties 11 Regulations 12 Expenses to be paid out of appropriation 13 Act binds Crown

3 CHAPTER S-22 An Act to provide for the Preservation, Promotion and Development of the Heritage of Saskatchewan Short title 1 This Act may be cited as The Saskatchewan Heritage Act. R.S.S. 1978, c.s-22, s.1. Interpretation 2 In this Act: board Crown (a) board means the Saskatchewan Heritage Advisory Board mentioned in section 5; (b) Crown means Her Majesty the Queen in the right of Saskatchewan; donation (c) donation includes any gift, testamentary disposition, deed, trust or other form of contribution; heritage property (d) heritage property means property, whether a work of nature or of man, that is primarily of interest for its archaeological, historical, cultural, scientific or aesthetic value, and included, but is not limited to, a sight where archaeological, historical, cultural or scientific property is found; minister (e) minister means the member of the Executive Council to whom the administration of this Act is assigned; permit (f) permit means any valid and subsisting permit issued under this Act: property (g) property means real and personal property of any nature and kind whatsoever; protected property (h) protected property means any property that has been designated protected property under this Act; site (i) site includes a parcel of land, a structure or a building , c.45. s.2; R.S.S. 1978, c.s-22, s.2. Duties of minister 3 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 heritage property in the province , c.45, s.3; R.S.S. 1978, c.s-22, s.3.

4 4 c. S-22 HERITAGE Powers of minister 4(1) Subject to any regulations that may have been made by the Lieutenant Governor in Council, the minister may: (a) acquire by purchase, donation, loan or lease, or by any other means, any heritage property; (b) sell, exchange or otherwise dispose of any heritage property acquired under clause (a); (c) lend or lease, on any terms he considers appropriate, any heritage property acquired under this Act or prior legisla tion; (d) exhibit and display, either within or outside the province, the heritage property acquired under this Act or prior legislation; (e) classify, preserve, index and catalogue heritage property; (f) undertake, support or sponsor educational or research programs for the purposes of this Act; (g) provide professional and technical services to museums and other related institutions for the purposes of this Act; (h) refer any matter to the board for its consideration; (i) authorize the payment of compensation to any person who has suffered loss as a result of the application of any provi sion of this Act or the regulations; and (j) do or authorize to be done all other things which are incidental or conducive to the attainment of the purposes and objects of this Act. (2) A donation made to the minister under this Act is deemed to be a gift to the Crown. (3) Staff required to administer this Act shall be appointed in accordance with The Public Service Act , c.45, s.4; R.S.S. 1978, c.s-22, s.4. Board, appointment, members and duties of 5(1) The minister may appoint a board to be known as the Saskatchewan Heritage Advisory Board. (2) The minister may, with respect to the board: (a) appoint or provide for the manner of appointment of its members; (b) prescribe the term of office for any member; (c) designate a chairman, vice-chairman and secretary; and (d) authorize and provide for the payment of remuneration and expenses to members. (3) The board shall advise and make recommendations to the minister on any matter relating to the conservation, protection and preservation of the heritage of Saskatchewan , c.45, s.5; R.S.S. 1978, c.s-22, s.5.

5 HERITAGE c. S-22 5 Protected property 6(1) The minister may designate any heritage property as protected property for the purpose of preserving or salvaging the property. (2) The minister may withdraw the designation of protected property from any parcel or particular class of land so designated under subsection (1) , c.45, s.6; R.S.S. 1978, c.s-22, s.6. Powers of Lieutenant Governor in Council 7 The Lieutenant Governor in Council may, by regulation: (a) exempt, subject to any terms and conditions he may specify, any heritage property or any class of heritage prop erty from this Act or any provision of this Act; (b) set the rate of admission fees for public entrance to property under the jurisdiction of this Act; (c) provide, subject to any terms and conditions he may specify, for the issuance of permits to conduct research within any protected property; (d) provide for the payment of compensation to any person or agency that has suffered loss as a result of the application of any provision of this Act or the regulations; (e) provide for the proper operation, conduct and manage ment of property under the jurisdiction of this Act , c.45, s.7; R.S.S. 1978, c.s-22, s.7. Investigation 8 Where in the opinion of the minister any person is engaged in any activity that is likely to damage or destroy any heritage property, the minister may order such work to be curtailed until an adequate investigation has been made to determine the authenticity of the heritage property , c.45, s.8; R.S.S. 1978, c.s-22, s.8. Interference 9 No person shall knowingly destroy, deface, excavate, move, alter, remove or cause to be removed, or otherwise interfere with any protected property except to the extent that he is authorized to do so by the minister , c.45, s.9; R.S.S. 1978, c.s-22, s.9. Offences and penalties 10(1) Every person who contravenes any provision of this Act or the regulations, the conditons of any permit or any direction of the minister under this Act is guilty of an offence and liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both fine and imprisonment. (2) Where, in contravention of any provision of this Act or the regulations or of an order of the minister made pursuant to this Act, protected property is altered or destroyed in such a manner that it is not possible to effect restoration, the Crown may commence an action to recover damages from the person causing the alteration or destruction , c.45, s.10; R.S.S. 1978, c.s-22, s.10.

6 6 c. S-22 HERITAGE Regulations 11 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations that are ancillary to and are not inconsistent with this Act, and every regulation made under this section has the force of law and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations: (a) defining any word or expression used in this Act but not defined in this Act; (b) respecting the use and protection of property under the jurisdiction of this Act , c.45, s.11; R.S.S. 1978, c.s-22, s.11. Expenses to be paid out of appropriation 12 All expenses incurred in the administration of this Act shall be paid out of moneys appropriated by the Legislature for the pur pose , c.45, s.12; R.S.S. 1978, c.s-22, s.12. Act binds Crown 13 The Crown is bound by the provisions of this Act , c.45, s.13; R.S.S. 1978, c.s-22, s.13. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2013