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Friday, November 24, 2017
Esterhazy Flour Mill (M. Pedersen 2008)

Esterhazy Flour Mill (M. Pedersen 2008)

All provinces and territories have enacted legislation to protect, manage and develop heritage sites. Key protection provisions under The Heritage Property Act include:
 

Heritage Property Designation and Protection (PART III and IV)

A heritage property may be formally designated by a municipality in whose jurisdiction the property is located, or by the Province. Provincial or Municipal Heritage Property designation not only affords the property public recognition, it also affords the property legal protection by requiring the heritage interest to be registered on the land title and to "run" with the property.  The designating authority may also regulate alterations to a designated property in order to safeguard those character-defining elements that embody its essential heritage value (e.g. sections 23, 44 and 50).
 

Covenants and Easements (s.59)

The Province, or any municipality, or any approved heritage organization may enter into a formal easement or covenant with any landowner for the explicit purpose of protecting heritage property.  Any such easement or covenant will be registered on the land title and will continue to run with the property.

Crown Ownership (s.66)

Archaeological and palaeontological objects found in Saskatchewan are regarded as a public resource whose inherent scientific and humanistic value will benefit all people of Saskatchewan and Canada.  Accordingly, the Provincial Crown, in the public trust, claims ownership of all Saskatchewan archaeological and palaeontological objects and prohibits their unauthorized sale or removal from the province.

Sites of a Special Nature

A certain category of Saskatchewan's archaeological heritage, referred to as "sites of a special nature" (SSNs), are afforded explicit protection; no person may remove, excavate or alter an SSN except as authorized by a subsisting permit.  SSNs, including ancient rock paintings and carvings, human burial places, boulder effigies, and "medicine wheels," are generally considered sacred by contemporary First Nations and Métis peoples and are often directly associated with their ongoing traditional cultural practices and beliefs.  Many SSNs are also some of Saskatchewan's most outstanding archaeological monuments.

Tillet Hills, RM of Auvergne No. 76 (M. Thomas 2004)

Tillet Hills, RM of Auvergne No. 76 (M. Thomas 2004)

Impact Assessment and Mitigation (s.63)

Any person whose development operation or activity is likely to disturb or damage heritage property may be required to carry out an impact assessment study, submit an assessment report, and undertake any further salvage, preservation measure, or other action deemed appropriate.  Furthermore, any municipality or other authority may be required to suspend or withhold its permit authorizing the activity until the required impact assessment or other action has been satisfactorily completed.
 

Temporary Stop Order (s.4)

Both the Province and local governments may issue any person engaged in an activity that may disturb or damage heritage property a temporary stop order requiring that person to cease the activity for up to 60 days.  During that period, alternatives to destruction (such as systematic data recovery or salvage, or formal heritage property designation) will be investigated and acted upon.
 

Investigation Permits (s.67)

An investigation permit is required for any heritage research or resource management activity, such as carrying out a survey, making collections, or conducting excavations, that may disturb or dislocate archaeological and palaeontological objects.  Permits are issued by the responsible Minister under any terms and conditions deemed appropriate.

Penalties

Any person who contravenes any provision of The Heritage Property Act is guilty of an offence and liable on summary conviction to a fine of up to $250,000.00 (in the case of a corporation), or (in the case of an individual) to a fine of up to $5,000.00 or imprisonment up to 6 months, or both.



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