The ''Heritage Conservation Act'' (french: Loi sur la conservation du patrimoine) is a provincial statute which allows for the preservation of cultural heritage properties and areas in the province of

New Brunswick New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and ...

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

Designation of historic places and areas

Depending on their nature and significance, historic places in New Brunswick may be eligible for recognition and/or protection under the ''Heritage Conservation Act'' under one of the following types of designations: # Provincial Heritage Place (places which are provincially significant, as designated by the government of New Brunswick through the Minister of the

Department of Tourism, Heritage and Culture The Department of Tourism, Heritage and Culture is a department of the government of New Brunswick. It was created in 2001 as the Department of Tourism and Parks from the Business New Brunswick and Department of Investment and Exports. Its mandat ...

); # Municipal Heritage Conservation Area (districts within a municipality having unique heritage value as a conservation area, as designated by the municipality); and # Local Historic Place (places that exhibit local historic significance, as designated by the municipality with the consent of the property owner). Once designated, the character-defining elements of a Provincial Heritage Place cannot be altered without a provincial heritage permit, nor can work or development occur in a Municipal Heritage Conservation Area without a permit issued by the municipality's heritage board. The designation of a site as a Local Historic Place does not impose any restrictions or obligations on the owner of the property. The ''Heritage Conservation Act'' received

Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...

on February 26, 2010. It replaced and repealed the ''Historic Sites Protection Act'' of 1973 and the ''Municipal Heritage Preservation Act'' of 1978. A site that had been designated as an historic or anthropological site under the former ''Historic Sites Protection Act'' is deemed to be a Provincial Heritage Place under the new statute, while a by-law establishing a Municipal Heritage Conservation Area under the former ''Municipal Heritage Preservation Act'' is deemed to continue to be in force under the new legislation.

Archaeological protection

Section 5 of the ''Heritage Conservation Act'' establishes that the provincial Crown has ownership of all " archaeological,

palaeontological Paleontology (), also spelled palaeontology or palæontology, is the scientific study of life that existed prior to, and sometimes including, the start of the Holocene epoch (roughly 11,700 years before present). It includes the study of fossi ...

and burial site heritage objects in New Brunswick". If the object is of Aboriginal origin it is to be 'held in trust' on behalf of the Aboriginal communities. The Act provides guidelines and standards on how professional research is to be conducted, and how the management of objects is to be done. There are also guidelines regarding how amateur researchers can participate and gain approval for specific type of heritage exploration. Included in the Act is a clause that enforces the mandatory reporting of all possible discoveries of heritage objects to the provincial authority. It outlines regulations of heritage impact assessment, and "prohibits the alteration of any heritage place in the Province without specific government approval".

Burial grounds

In New Brunswick, burial grounds are mainly covered under the ''Cemetery Companies Act''. However, the ''Heritage Conservation Act'' protects places that have been used in the past for the placement of human remains or related objects, including old family plots, ancient burial grounds and abandoned cemeteries. A "burial ground" is defined in the heritage legislation as any place containing human remains and/or their associated objects. The discovery of such a site must be reported to the Heritage Branch of the Department of Tourism, Heritage and Culture as soon as possible specifying the location, and date and time it is discovered. Upon this reporting it will be reviewed by the Minister who will then make a decision as to whether or not to implement procedures to the protect the site. It is illegal for anyone to alter or disturb a burial ground or object.

References

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External links

Heritage Conservation Act
Heritage Conservation Act Heritage Property Act

2010 in Canadian law 21st century in New Brunswick 2010 in New Brunswick

Designation of historic places and areas

Archaeological protection

Burial grounds

See also

References

External links