Law:Historic Sites and Monuments Act
From Law Delta
R.s.c., 1985, c. H-4
An Act to establish the Historic Sites and Monuments Board of Canada
1. This Act may be cited as the Historic Sites and Monuments Act.
R.S., c. H-6, s. 1.
2. In this Act,
« Commission »
“Board” means the Historic Sites and Monuments Board of Canada established by section 4;
« lieu historique »
“historic place” means a site, building or other place of national historic interest or significance, and includes buildings or structures that are of national interest by reason of age or architectural design;
« ministre »
“Minister” means the Minister responsible for the Parks Canada Agency.
R.S., 1985, c. H-4, s. 2; 1995, c. 11, s. 23; 2005, c. 2, s. 11.
Commemoration Of Historic Sites
Powers of Minister
3. The Minister may
(a) by means of plaques or other signs or in any other suitable manner mark or otherwise commemorate historic places;
(b) make agreements with any persons for marking or commemorating historic places pursuant to this Act and for the care and preservation of any places so marked or commemorated;
(c) with the approval of the Governor in Council, establish historic museums;
(d) with the approval of the Treasury Board, acquire on behalf of Her Majesty in right of Canada any historic places, or lands for historic museums, or any interest therein, by purchase, lease or otherwise; and
(e) provide for the administration, preservation and maintenance of any historic places acquired or historic museums established pursuant to this Act.
R.S., c. H-6, s. 3.
Historic Sites And Monuments Board Of Canada
4. (1) A Board to be called the Historic Sites and Monuments Board of Canada is hereby established, consisting of eighteen members as follows:
(a) the Librarian and Archivist of Canada;
(b) an officer of the Canadian Museum of Civilization designated by the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council pursuant to the Museums Act as the Minister responsible for the Canadian Museum of Civilization;
(c) an officer of the Parks Canada Agency designated by the Minister; and
(d) two representatives for each of Ontario and Quebec, one representative for each of the other provinces, and one representative for each of Yukon, the Northwest Territories and Nunavut, to be appointed by the Governor in Council.
Eligibility of appointed members
(2) A person is not eligible to be appointed or to continue as a representative for a province or a territory, unless that person resides in that province or territory.
Tenure of office
(3) A member appointed by the Governor in Council holds office during pleasure for such period not exceeding five years as may be fixed by the Governor in Council.
(4) A retiring member of the Board is eligible for re-appointment.
R.S., 1985, c. H-4, s. 4; R.S., 1985, c. 1 (3rd Supp.), s. 12; 1990, c. 3, s. 32; 1993, c. 28, s. 78; 1995, c. 11, s. 24; 2002, c. 7, s. 179; 2004, c. 11, s. 31; 2005, c. 2, s. 12.
5. (1) The Governor in Council shall designate one of the members of the Board to be its Chairman.
(2) The Board shall meet at least once in every calendar year at the call of the Chairman, but the time and place of each such meeting is subject to the approval of the Minister.
(3) The Board shall hold such other meetings at such times and places as the Minister may require.
(4) Nine members of the Board constitute a quorum.
R.S., c. H-6, s. 4; 1976-77, c. 20, s. 1.
6. (1) The Minister may designate an officer or employee of the Parks Canada Agency established under the Parks Canada Agency Act to be the Secretary of the Board, or appoint a Secretary of the Board at the remuneration and under the terms or conditions of employment that may be prescribed by the Governor in Council.
(2) The Minister may, from among the persons employed in the Parks Canada Agency, provide the Board with any other employees or assistants that are necessary for the proper conduct of the business of the Board.
R.S., 1985, c. H-4, s. 6; 1995, c. 11, s. 25(E); 1998, c. 31, s. 51.
Powers and duties of Board
7. The Board may receive and consider recommendations respecting the marking or commemoration of historic places, the establishment of historic museums and the administration, preservation and maintenance of historic places and historic museums, and shall advise the Minister in carrying out his powers under this Act.
R.S., c. H-6, s. 5.
Travel and living expenses
8. (1) Each member of the Board appointed by the Governor in Council may be paid
(a) for each day the member is necessarily absent from his ordinary place of residence for the purpose of attending at meetings or to other business of the Board, such remuneration as is fixed by the Governor in Council; and
(b) actual travel expenses necessarily incurred in connection with the business of the Board.
(2) Members of the Board other than those appointed by the Governor in Council are entitled to be paid actual travel and living expenses necessarily incurred in connection with the business of the Board.
Clerical and stenographic assistance
(3) There may be paid for clerical and stenographic assistance
(a) the sum of seventy-five dollars per year to the Chairman of the Board; and
(b) the sum of thirty dollars per year to the other members of the Board appointed by the Governor in Council.
R.S., c. H-6, s. 6.
9. The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect.
R.S., c. H-6, s. 8.
10. (1) As soon as practicable after the end of each calendar year, the Board shall submit to the Minister a report of its proceedings for the calendar year in such form as the Minister may prescribe.
(2) In addition to the report required by subsection (1), the Board shall furnish the Minister with such other statements or reports in respect of its activities, at such time and in such manner, as the Minister may require.
R.S., c. H-6, s. 9.