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This Act is current to July 11, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Vancouver Charter

[SBC 1953] CHAPTER 55

Part XXVIII — Heritage Conservation

Division (1) — General

Definitions

575.   (1) The definitions in section 559 apply to this Part.

(2) In addition to the definitions made applicable by subsection (1), in this Part

"adopt" includes amend or repeal;

"alter" means to change in any manner and, without limiting this, includes

(a) the making of an improvement, as defined in the Builders Lien Act, and

(b) any action that detracts from the heritage value or heritage character of heritage property;

"approval" means a permit, licence or other authorization required under this or any other enactment administered by the Council or a delegate;

"delegate" means, in relation to a power or duty, a committee, board or person given authority under section 579 to exercise that power or duty;

"heritage alteration permit" means a permit under section 597;

"heritage designation by-law" means a by-law under section 593;

"heritage inspection" means the physical examination of property and the research necessary to assess the heritage value and the heritage character of the property or to determine the need for conservation of the property;

"heritage revitalization agreement" means an agreement under section 592.

(3) A provision of this Part that applies to an officer or employee of the Council may apply to an officer or employee of another government with the approval of that government.

1994-43-101.

Limits on the use of this Part

576.   (1) This Part must not be used to conserve natural landscapes or undeveloped land except

(a) to the extent that the exercise of power under this Part in respect of natural landscape or undeveloped land is, in the opinion of the Council, necessary for the conservation of adjacent or proximate land, or an adjacent or proximate building, that is protected heritage property, or

(b) with respect to

(i) a site that has heritage value or heritage character related to human occupation or use, or

(ii) individual landmarks and other natural features that have cultural or historical value.

(2) This Part must not be used to prevent a use of real property that is permitted under the applicable zoning by-law for the property or to prevent the development of land to the density allowed in respect of that permitted use under the applicable zoning by-law, except with regard to property that

(a) is designated by a heritage designation by-law, or

(b) is subject to temporary heritage protection under this Part.

(3) If there is a conflict between a provision of this Part, or a permit or order made under this Part, and the Heritage Conservation Act, or a permit or order made under that Act, the Heritage Conservation Act, or the permit or order made under it, prevails.

1994-43-101.

Limit on compensation

577.   Except as provided in sections 583 (7) and 595, no person is entitled to compensation for

(a) any loss or damage, or

(b) any reduction in the value of property

that results from the performance in good faith of any duty under this Part or the exercise in good faith of any power under this Part.

1994-43-101.

By-law and permit procedures

578.   (1) Every application for a heritage alteration permit or the amendment of a by-law under this Part must be considered by the Council or, if applicable, its delegate under section 579.

(2) The applicant or owner of property subject to a decision made by a delegate under section 565A (d.1) or 579 is entitled to have the Council reconsider the matter without charge.

1994-43-101.

Delegation of Council authority

579.   (1) The Council may, by by-law adopted by at least 2/3 of the votes cast, delegate to a committee of Council members, a board under section 565A (d) or (d.1), or an officer or employee of the Council, its powers and duties under one or more of the following, subject to any limits or conditions established by the Council:

(a) section 584 respecting heritage inspections;

(b) section 585 respecting

(i) the requirement for an impact assessment,

(ii) the establishment of specifications regarding an impact assessment,

(iii) the undertaking of an impact assessment under subsection (1) (b) of that section, and

(iv) the determination of whether the information required under that section has been provided;

(c) section 587 (5) (b) respecting the making of agreements as to terms and conditions to prevent or mitigate an alteration;

(d) section 590 respecting the identification of heritage property in a heritage control area;

(e) section 597 respecting

(i) the issuance or refusal of heritage alteration permits,

(ii) the establishment of requirements and conditions of a heritage alteration permit, and

(iii) the determination of whether the requirements and conditions of a heritage alteration permit have been met.

(2) A by-law under subsection (1) of this section or section 565A (d.1) must

(a) establish procedures regarding applying for and dealing with a reconsideration under section 578 (2),

(b) establish guidelines with regard to the exercise of this authority if the by-law authorizes a delegate to vary or supplement a bylaw under section 597 (2), and

(c) establish guidelines with regard to the circumstances under which security is to be required from applicants, and how the amount of security is to be determined, if the bylaw authorizes a delegate to require an applicant to post a security deposit under section 598 (2) (c).

1994-43-101.

Ombudsperson review of Council decisions

580.   (1) The Ombudsperson appointed under the Ombudsperson Act may investigate complaints about decisions made by the Council under this Part or procedures used by the Council under this Part.

(2) Subsection (1) does not authorize the Ombudsperson to investigate an issue involving compensation for reduction in the market value of real property caused by a designation under section 593.

(3) The Ombudsperson Act, other than section 11 (1) (a) of that Act, applies to investigations under this section and, for that purpose, the Council is deemed to be an authority as defined in that Act.

(4) During an investigation under this section and for up to 6 months after the completion of the investigation if the Ombudsperson considers the matter to be unresolved, the Ombudsperson may direct that the Council or the complainant, or both, must not take any action on matters specified by the Ombudsperson.

(5) If the Ombudsperson makes a recommendation under section 23 or 24 of the Ombudsperson Act regarding an investigation under this section and no action that the Ombudsperson believes adequate or appropriate is taken by the Council within a reasonable time, the Ombudsperson may make a report to the Lieutenant Governor in Council of the recommendation and such additional comments as the Ombudsperson considers appropriate.

(6) On receipt of a report from the Ombudsperson, the Lieutenant Governor in Council may make an order that the Lieutenant Governor in Council believes is in the public interest, and the order is binding on the Council.

(7) Nothing in this section diminishes the authority of the Ombudsperson under the Ombudsperson Act.

1994-43-101; 1997-25-211; 2009-21-4,5.

Division (2) — Heritage Review

Heritage commissions

581.   (1) The Council may, by by-law, do one or more of the following:

(a) establish one or more heritage commissions, which may be different for different areas and different purposes;

(b) authorize existing organizations to act as heritage commissions;

(c) establish one or more joint heritage commissions with one or more other local governments.

(2) A by-law under subsection (1)

(a) must establish the terms of reference for the heritage commission, and

(b) if the by-law establishes a heritage commission under subsection (1) (a) or (c), must establish

(i) the composition of the heritage commission,

(ii) the manner by which the members of the heritage commission are to be appointed, and

(iii) the procedures governing the conduct of the heritage commission or the manner by which these procedures are to be established.

(3) A heritage commission under subsection (1) may do the following:

(a) advise the Council on any matter that is included in its terms of reference;

(b) advise the Council on matters referred to it by the Council;

(c) undertake or provide support for such activities as are included in its terms of reference or otherwise authorized by the Council.

(4) Meetings of a heritage commission must be open to the public, except for those meetings or portions of meetings at which the commission considers matters for which the Council has authorized the commission to meet in private.

1994-43-101.

Heritage register

582.   (1) The Council may, by resolution, establish a heritage register that identifies real property that is considered by the Council to be heritage property.

(2) The heritage register

(a) must indicate the reasons why property included in a heritage register is considered to have heritage value or heritage character, and

(b) may distinguish between heritage properties of differing degrees and kinds of heritage value or heritage character.

(3) Within 30 days after including a property in a heritage register or deleting property from a heritage register, the Council must give notice of this

(a) to the owner of the heritage property in accordance with section 599, and

(b) to the minister responsible for the Heritage Conservation Act in accordance with section 602.

(4) The protection of heritage property is not affected by an error or omission in a heritage register.

1994-43-101.

Heritage inspection may be ordered

583.   (1) For the purposes of assessing the heritage value, heritage character or the need for conservation of real property, the Council or its delegate may order a heritage inspection of the property in any of the following circumstances:

(a) the property is or may be protected heritage property;

(b) the property is identified as heritage property in a heritage register;

(c) the property is or may be heritage property according to criteria that the Council may, by by-law, establish for the purposes of this Part.

(2) An order under subsection (1)

(a) must state the purpose of the heritage inspection,

(b) must specify how long the order is to remain in effect,

(c) must require the heritage inspection to be carried out in an expeditious manner,

(d) may provide that the property covered by the order is subject to temporary protection as provided in section 591 until the applicable time under subsection (3) or section 584 (4), and

(e) may include terms, conditions and specifications the Council or delegate considers appropriate.

(3) Temporary protection under subsection (2) (d) applies until the earliest of the following, subject to an extension of this time under section 584 (4):

(a) the day after a report of the results of the heritage inspection is delivered to a regular meeting of the Council;

(b) the day the Council or its delegate informs the owner that the heritage inspection is completed or is no longer required;

(c) 30 days after the day on which the heritage inspection was ordered.

(4) A person must not interfere with the conducting of a heritage inspection.

(5) A person conducting a heritage inspection may perform tests and remove material samples that are necessary for the purposes of the heritage inspection, but must do this in such a manner that any alterations are as minor and inconspicuous as reasonably possible given the requirements of the heritage inspection.

(6) Upon completion of a heritage inspection, the Council must

(a) notify the owner of the property that a heritage inspection has been conducted if the owner was not notified of the heritage inspection before the heritage inspection, and

(b) make a report to the owner of what was done if, as a part of a heritage inspection, an alteration is made or material is removed.

(7) A person whose property is damaged by a heritage inspection under subsection (1) is entitled to have the damage repaired at the expense of the Council or, if the damage cannot be repaired, to compensation from the Council.

1994-43-101.

Entry authority for a heritage inspection

584.   (1) An order under section 583 (1) authorizes a person conducting the heritage inspection to enter land or premises identified in the order at any reasonable time for the purposes of the heritage inspection.

(2) Prior to or when entering land under subsection (1), the person conducting the heritage inspection or heritage investigation must make a reasonable attempt to notify the owner or occupier of the land and, if requested, present a copy of the order to the owner or occupier.

(3) Except as provided in subsection (4), nothing in this section or an order made under section 583 authorizes entry into a building without the permission of the owner or occupier.

(4) A justice may issue a warrant authorizing a person to enter land or a building to conduct a heritage inspection ordered under section 583 (1) if the justice is satisfied that

(a) there are reasonable grounds to believe that entry is required to achieve the purposes of the heritage inspection, and

(b) there are reasonable grounds to believe that

(i) an emergency exists,

(ii) the person conducting the heritage inspection or heritage investigation has been unable to notify the owner or occupier after making a reasonable attempt to do so,

(iii) admission has been refused or refusal is anticipated, or

(iv) notification may defeat the object of the entry.

(5) A warrant under subsection (4) may extend the time period for which the property is protected under section 583 (2) (d) and continues in force until the purpose for which the entry is required has been satisfied.

(6) If a heritage inspection is conducted under a warrant under subsection (4), the person conducting the heritage inspection must be accompanied by a peace officer.

1994-43-101.

Impact assessment may be required

585.   (1) If, in the opinion of the Council or its delegate, an approval may affect protected heritage property, the Council or delegate may require the applicant for the approval, before the approval is issued,

(a) to provide the Council or delegate, at the expense of the applicant, with information regarding the possible effects that the activity or action enabled by the approval may have on the heritage property, or

(b) to permit the Council or delegate to undertake, at the expense of the Council, studies regarding the matters referred to in paragraph (a) provided that such studies are undertaken promptly.

(2) A requirement under subsection (1) must be communicated to the applicant in writing and include specifications of the information to be provided and of the qualifications of any persons undertaking studies to produce the information.

(3) Specifications referred to in subsection (2) must not be changed by the Council or its delegate without the agreement of the applicant.

1994-43-101.

Requests for Provincial protection

586.   (1) If, in the opinion of the Council, real property owned by the Provincial government has heritage value or heritage character, the Council may, by resolution, request that Provincial protection be provided for the property.

(2) Within 5 days after a resolution under subsection (1) is adopted, the Council must convey the resolution to the minister responsible for the Heritage Conservation Act.

(3) Once a request has been made under subsection (1), the property for which the protection is requested is subject to temporary protection in accordance with section 591 until the earlier of the following:

(a) the end of 30 days after the resolution authorizing the request was adopted;

(b) the minister responsible for the Heritage Conservation Act notifies the Council in writing that the temporary protection is ended.

(4) Despite section 14 (2) of the Interpretation Act, subsection (3) applies to the Crown.

(5) No more than one request may be made under subsection (1) with respect to any particular building or site during any one 10 year period.

1994-43-101; 1999-38-66.

Division (3) — Temporary Protection

Withholding of approvals

587.   (1) The Council may, by by-law, direct or authorize a board, committee, officer or employee who issues approvals to withhold the issuance of any approval for an action which, in the opinion of the board, committee or person responsible for issuing the approval, would alter or cause an alteration to any of the following:

(a) protected heritage property;

(b) property subject to temporary heritage protection under another section of this Part;

(c) property in a heritage register under section 582.

(2) A by-law under subsection (1) may establish restrictions, limits or conditions on the duty or power to withhold approvals.

(3) If an approval is withheld under subsection (1), the matter must be referred to the Council at its next regular meeting after the approval is withheld.

(4) If an approval is referred to the Council with regard to property referred to in subsection (1) (a) or (b), the Council may authorize that the approval continue to be withheld until an action referred to in subsection (5) occurs.

(5) An approval must not be withheld under this section if one or more of the following occurs:

(a) a heritage alteration permit is issued authorizing the alteration to which the approval applies;

(b) the applicant agrees to terms and conditions satisfactory to the Council or its delegate to prevent or mitigate circumstances that may detract from the heritage value or heritage character of the property;

(c) in the case of property subject to temporary heritage protection, the protection expires;

(d) in the case of property that appears to the board, committee or person responsible for issuing the approval to be protected under the Heritage Conservation Act, the Council is notified by the minister responsible for that Act that the requirements of that Act have been met or do not apply.

(6) Except as provided in subsection (4), nothing in this section authorizes the withholding of an approval to which an applicant would otherwise be entitled beyond the time of the meeting at which the matter is referred to the Council under subsection (3).

1994-43-101.

Withholding of demolition permits pending other approvals

588.   (1) Without restricting section 587, the Council may, by by-law, direct or authorize a board, committee, officer or employee who issues permits for demolition to withhold approval in the following circumstances:

(a) in the case of protected heritage property, until a heritage alteration permit and any other necessary approvals have been issued with respect to alteration or redevelopment of the site;

(b) in the case of real property identified in the heritage register established under section 582, until a building permit and any other necessary approvals have been issued with respect to the alteration or redevelopment of the site.

(2) The Council may establish restrictions, limits or conditions on a duty or power under subsection (1).

(3) Nothing in this section authorizes the withholding of any approvals other than permits for demolition of heritage property.

1994-43-101; 1997-25-212.

Orders for temporary protection

589.   (1) The Council may order that real property is subject to temporary protection in accordance with section 591 if the Council considers that

(a) the property is or may be heritage property, or

(b) protection of the property may be necessary or desirable for the conservation of other property that is heritage property.

(2) An order under subsection (1)

(a) must specify the time period during which the temporary protection applies, which may not be longer than 120 days unless the owner of the property agrees to a longer time period, and

(b) must not be made more than once within a 2 year period.

(3) An order under subsection (1) may do one or more of the following:

(a) identify landscape features that are subject to the order;

(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;

(c) establish policies regarding the issuance of a heritage alteration permit in relation to the property.

1994-43-101.

Temporary protection by introduction of a continuing protection by-law

589A.   (1) For a period of 120 days beginning on the date of first reading of a by-law to adopt or amend an official development plan that designates a heritage conservation area, section 596B (1) [heritage conservation areas] applies to all properties in the area as if the by-law was already adopted.

(2) For a period of 60 days beginning on the date of first reading of a heritage designation by-law, section 593 (1) applies to the property to which it relates as if the heritage designation by-law was already adopted.

(3) If the owner of property to which subsection (2) applies agrees, the Council, by by-law, may extend the protection referred to in that subsection for a specified period longer than the 60 days referred to in that subsection.

(4) If the issue of compensation for designation is submitted to arbitration under section 595 [compensation for heritage designation] before the heritage designation by-law is adopted, the period under subsection (2) of this section is extended by the time between the submission of the matter to arbitration and the delivery of the arbitration report to the Council.

(5) If the Council defeats or decides not to proceed with a by-law, the protection under this section ends.

2002-22-33.

Heritage control periods for temporary protection

590.   (1) For the purposes of heritage conservation planning for an area identified in the by-law, the Council may, by by-law, declare a heritage control period with respect to the area.

(2) A by-law under subsection (1) must specify the length of the heritage control period, which may not be longer than one year from the date of adoption of the by-law.

(3) A by-law under subsection (1) may do one or more of the following:

(a) identify types of landscape features that are included in the protection under this section;

(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;

(c) establish policies regarding the issuance of a heritage alteration permit in relation to property within the area covered by the by-law.

(4) During a heritage control period under subsection (1), property within the area covered by the by-law is subject to temporary protection in accordance with section 591.

(5) A heritage control period under this section may be declared once only during any 10 year period for an area or portion of an area.

1994-43-101.

Temporary protection

591.   (1) While property is subject to temporary protection in accordance with this Division, except as authorized by a heritage alteration permit or as referred to in subsection (2), a person must not do any of the following to the property:

(a) alter the exterior of a building;

(b) make a structural change to a building;

(c) move a building;

(d) alter, move or take an action that would damage a fixture or feature identified in the authorizing resolution, order or by-law for the temporary protection;

(e) alter, excavate or build on the property.

(2) The prohibition under subsection (1) does not apply to alterations that are allowed by the authorizing resolution, by-law or order for the temporary protection to be made without a heritage alteration permit.

1994-43-101.

Division (4) — Continuing Protection

Heritage revitalization agreements

592.   (1) The Council may, by by-law, enter into a heritage revitalization agreement under this section with the owner of heritage property.

(2) A heritage revitalization agreement may do one or more of the following:

(a) include provisions regarding the phasing and timing of the commencement and completion of actions required by the agreement;

(b) vary or supplement provisions of

(i) a by-law under section 292,

(ii) a by-law under Part XXIV-A,

(iii) a zoning by-law under Part XXVII,

(iv) a development permit under Part XXVII, or

(v) a by-law or heritage alteration permit under this Part;

(c) include such other terms and conditions as may be agreed upon by the Council and the owner.

(3) A heritage revitalization agreement prevails over a by-law or permit referred to in subsection (2) (b) to the extent of any conflict.

(4) A heritage revitalization agreement may only be amended by by-law with the consent of the owner.

(5) The Council must not require an owner to enter into or consent to the amendment of a heritage revitalization agreement as a condition of issuing any permit, licence or other authorization that may be required to enable the heritage property to be used or developed in accordance with the applicable by-law.

(6) The Council must not enter into or amend a heritage revitalization agreement unless the agreement or amendment is approved by the minister if circumstances prescribed under subsection (7) apply.

(7) The minister may, by regulation, prescribe circumstances in which approval under subsection (6) is required.

(8) The Council must hold a public hearing on the matter before entering into or amending a heritage revitalization agreement if the agreement or amendment would

(a) permit a change to the use or density of use that is not otherwise authorized by the applicable zoning of the property, or

(b) alter a zoning by-law in relation to residential rental tenure as defined in section 559,

and, for these purposes, section 566 applies.

(9) Within 30 days after entering into or amending a heritage revitalization agreement, the Council must

(a) file a notice in the land title office in accordance with section 601, and

(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 602.

(10) If a notice is filed under subsection (9) (a), the heritage revitalization agreement and any amendment to it is binding on all persons who acquire an interest in the land affected by the agreement.

1994-43-101; B.C. Reg. 5/2010; 2018-26-18.

Heritage designation protection

593.   (1) Except as authorized by a heritage alteration permit or allowed under subsection (3) (f), a person must not do any of the following:

(a) alter the exterior of a building protected under this section;

(b) make a structural change to a building protected under this section;

(c) move a building protected under this section;

(d) alter, remove or take an action that would damage an interior feature or fixture that is identified under subsection (3) (c);

(e) alter, remove or take an action that would damage a landscape feature that is identified under subsection (3) (d);

(f) alter, excavate or build on land protected under this section.

(2) The Council may, by by-law, on terms and conditions as it considers appropriate, designate real property in whole or in part as protected under this section if the Council considers that

(a) the property has heritage value or heritage character, or

(b) designation of the property is necessary or desirable for the conservation of a protected heritage property.

(3) A heritage designation by-law may do one or more of the following:

(a) apply to a single property or to part of a property;

(b) apply to more than one property, including properties owned by different persons;

(c) apply to affixed interior building features or fixtures identified in the by-law;

(d) apply to landscape features identified in the by-law;

(e) establish policies or procedures regarding the provision of financial or other support for the conservation of the heritage property;

(f) specify types of alterations to the property that are allowed without a heritage alteration permit;

(g) establish policies regarding the issuance of heritage alteration permits in relation to property covered by the by-law.

1994-43-101.

Heritage designation procedure

594.   (1) Before a heritage designation by-law is adopted, the Council must hold a public hearing on the proposed by-law for the purpose of allowing affected parties and the general public to make representations respecting matters contained in the proposed by-law.

(2) Section 566 (3), (5) and (5.1) applies with respect to the public hearing and enactment of the heritage designation by-law.

(3) At least 10 days before the public hearing, a notice in the prescribed form must be given in accordance with section 599 to

(a) all persons who, according to the records of the land title office, have a registered interest in real property that would be designated, and

(b) all occupiers of real property that would be designated.

(4) [Repealed 1999-38-67.]

(5) The Council must have prepared a report regarding the property to be designated that includes information respecting the following matters:

(a) the heritage value or heritage character of the property;

(b) the compatibility of conservation with the community planning objectives in the area in which the property is located;

(c) the compatibility of conservation with lawful uses of the property and adjoining lands;

(d) the condition and economic viability of the property;

(e) the possible need for financial or other support to enable appropriate conservation.

(6) At least 10 days before the public hearing, the report under subsection (5) must be available for public inspection at the City Hall during its regular office hours.

(7) No heritage designation by-law is invalid for inadvertent and minor non-compliance with this section or Division (6), or for an error or omission in the report under subsection (5).

(8) Within 30 days after the Council adopts or defeats a heritage designation by-law or determines not to proceed with the by-law, the Council must give notice of this in the prescribed form to the owners entitled to notice under subsection (3) (a).

(9) Within 30 days after adopting a heritage designation by-law, the Council must give notice of this

(a) to the land title office in accordance with section 601, and

(b) to the minister responsible for the Heritage Conservation Act in accordance with section 602.

1994-43-101; 1999-38-67; 2008-42-140.

Compensation for heritage designation

595.   (1) If a designation by a heritage designation by-law causes, or will cause at the time of designation, a reduction in the market value of the designated property, the Council must compensate an owner of the designated property who makes an application under subsection (2), in an amount or in a form the Council and the owner agree on or, failing an agreement, in an amount or in a form determined by binding arbitration under subsection (4).

(2) The owner of a designated property may apply to the Council for compensation for the reduction in the market value of the designated property.

(3) An application under subsection (2)

(a) must be made, in order for the owner to be entitled to compensation under this section, no later than one year after the heritage designation by-law is adopted, and

(b) may be made before the heritage designation by-law is adopted.

(4) If the Council and an owner are unable to agree

(a) that the owner is entitled to compensation, or

(b) on the amount or form of compensation,

then either the Council or the owner may require the matter to be determined by binding arbitration under the Arbitration Act.

(5) An arbitration under this section must be by a single arbitrator unless the Council and the owner agree to the appointment of an arbitration panel.

(6) The arbitrator or arbitration panel, in determining whether the owner is entitled to compensation and the amount or form of compensation, must consider

(a) financial and other support available for conservation of the designated property, and

(b) any other benefits that are available because of the designation of the property.

(7) Compensation must not be paid, and an arbitration must not continue, if the Council defeats, or determines not to proceed with, the designation by-law.

(8) Nothing in this section authorizes the Council to give any financial or other benefit to an owner except that which is commensurate with reduction in the market value of the designated property as caused by that designation.

(9) This section does not apply with respect to property that, immediately before the adoption of the heritage designation by-law, is already designated under a heritage designation by-law or under section 9 of the Heritage Conservation Act.

1994-43-101; 1997-25-213; 2011-25-481.

Transfer of increased density provided as compensation for heritage designation

595A.   (1) In relation to extra density provided as compensation under section 595, the Council may establish a heritage density increase transfer system in accordance with this section.

(2) For the purposes of this section, a zoning by-law may provide that the density otherwise permitted for a site within the zone is increased if

(a) the extra density is transferred to the site from a designated heritage property in relation to which it was received as compensation, and

(b) the transfer to the particular site and the amount of density increase on that site are approved by the Development Permit Board established under section 565A (d).

(3) A by-law referred to in subsection (2) must establish the maximum density increase that may be permitted by the Development Permit Board, subject to the limit that the maximum established must not be greater than 10% of the otherwise applicable density for the site to which the extra density is transferred.

(4) Before considering an application for approval of a density transfer under this section, the Development Permit Board must consider the views of persons who consider themselves affected by the proposed density increase for the site to which the extra density is to be transferred and, for these purposes, must publish a notice in accordance with section 3 stating

(a) the site to which the extra density is to be transferred and the designated heritage property to which it relates,

(b) the extent of density increase that is proposed for the site to which the extra density is to be transferred, and

(c) the manner in which persons affected by the proposed density increase for the site to which the extra density is to be transferred may make their views known to the Development Permit Board.

(5) Before a density transfer is permitted under this section, a covenant in favour of the city that the extra density will not be used on the designated heritage property must be registered under section 219 of the Land Title Act against the designated heritage property.

1995-29-7; 1997-25-214; 2010-6-137.

Heritage site maintenance standards

596.   (1) The Council, by by-law, may establish minimum standards for the maintenance of real property that is

(a) designated as protected by a heritage designation by-law, or

(b) within a heritage conservation area.

(2) Different standards may be established under subsection (1) for different areas or for different types or classes of property.

1994-43-101; 2002-22-34.

Designation of heritage conservation areas

596A.   (1) Subject to this section, if an official development plan designates a heritage conservation area, section 596B (1) applies to that area.

(2) If an official development plan designates a heritage conservation area,

(a) the official development plan must

(i) describe the special features or characteristics that justify the designation, and

(ii) state the objectives of the designation, and

(b) either the official development plan or a zoning by-law must specify guidelines respecting the manner in which the objectives are to be achieved.

(3) If an official development plan designates a heritage conservation area, the official development plan may do one or more of the following:

(a) specify conditions under which section 596B (1) does not apply to property within the area, which conditions may be different for different properties or classes of properties;

(b) include a schedule listing buildings, structures, land or features within the area that are to be protected heritage property under this Act;

(c) for the purposes of section 596B (3), identify features or characteristics that contribute to the heritage value or heritage character of the area.

(4) At least 10 days before a public hearing required under section 562 (3) [council powers respecting official development plan], the Council must give notice in accordance with section 599 [giving notice to owners and occupiers] to each owner and each occupier of property that is to be listed in a schedule included under subsection (3) (b), unless the property

(a) was already listed in the schedule, or

(b) was previously designated by by-law under section 593.

(5) Within 30 days after the adoption of a by-law that lists a property in or deletes a property from a schedule included under subsection (3) (b) in an official development plan, the Council must

(a) file a notice in the land title office in accordance with section 601 [notice on land titles], and

(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 602 [notice to minister responsible for the Heritage Conservation Act].

2002-22-35.

Heritage conservation areas

596B.   (1) If an official development plan designates a heritage conservation area, a person must not do any of the following unless a heritage alteration permit authorizing the action has been issued:

(a) subdivide land within the area;

(b) start the construction of a building or structure or an addition to an existing building or structure within the area;

(c) alter a building or structure or land within the area;

(d) alter a feature that is protected heritage property.

(2) Subsection (1) does not apply if conditions established under section 596A (3) (a) apply.

(3) If a heritage alteration permit is required by subsection (1), a delegate may only act in relation to such a permit if

(a) the property is protected heritage property, or

(b) the permit relates to a feature or characteristic identified under section 596A (3) (c).

2002-22-35.

Division (5) — Heritage Alteration Permits

Heritage alteration permits

597.   (1) The Council or its delegate may issue a heritage alteration permit authorizing alterations or other actions if such authorization is required by

(a) this Act or by a by-law or order under this Act,

(b) a heritage revitalization agreement under section 592, or

(c) a covenant under section 219 of the Land Title Act.

(2) A heritage alteration permit may, in relation to protected heritage property or property within a heritage conservation area, vary or supplement provisions of

(a) a by-law under section 292,

(b) a bylaw under Part XXIV-A,

(c) a zoning by-law under Part XXVII,

(d) a development permit under Part XXVII, or

(e) a by-law or heritage alteration permit under this Part.

(3) A permit issued under this section prevails over a by-law or permit referred to in subsection (2) to the extent of any conflict.

(3.1) The following restrictions apply to subsection (2):

(a) the use or density of use may not be varied;

(a.1) a zoning by-law in relation to residential rental tenure as defined in section 559 may not be altered;

(b) in relation to property within a heritage conservation area, the permit must be in accordance with the guidelines established under section 596A (2) (b) for the heritage conservation area.

(4) The Council or its delegate may refuse to issue a heritage alteration permit for an action that, in the opinion of the Council or delegate, would not be consistent with the purpose of the heritage protection of the property.

(5) If the refusal to issue a heritage alteration permit prevents the use of land that is allowed under the applicable zoning by-law or the development of land to the density that is allowed under the applicable zoning by-law in respect of that permitted use, the Council or delegate must inform the applicant of the requirements or conditions under which the use or density proposed by the applicant would be allowed.

1994-43-101; 1997-25-215; 2002-22-36; 2018-26-19.

Requirements and conditions in a heritage alteration permit

598.   (1) A heritage alteration permit may be made subject to such terms, requirements and conditions as the Council or its delegate considers consistent with the purpose of the heritage protection of the property.

(2) Without limiting the generality of subsection (1), a heritage alteration permit may include one or more of the following:

(a) conditions respecting the sequence and timing of construction;

(b) conditions respecting the character of the alteration or action to be authorized, including landscaping and the siting, form, exterior design and finish of buildings;

(c) if the permit is required by this Part or a by-law or order under this Part, a requirement that the applicant provide a specified amount of security, in a form satisfactory to the Council, to guarantee the performance of the terms, requirements and conditions of the permit.

(3) Interest earned on security under subsection (2) (c) becomes part of the amount of the security.

(4) If the Council considers that the holder of a heritage alteration permit has contravened or failed to comply with a term, requirement or condition of the permit, the Council may undertake and complete the works required to satisfy the term, requirement or condition, or to ameliorate the effects of the contravention or noncompliance, at the cost of the holder of the permit.

(5) The Council may recover the cost of the work undertaken under subsection (4) and the cost of incidental expenses incurred by the Council by applying the security under subsection (2) (c) in payment for the cost of the works and incidental expenses, with any excess to be returned to the holder of the permit.

(6) If there is no security deposit or the amount of security is insufficient, the Council may add the cost of works undertaken and incidental expenses, or the remaining costs, to the taxes payable to the Council with respect to the property for the year in which the work is performed.

(7) When a permit lapses or the actions it authorizes are completed, the Council must, subject to subsection (5), return any security provided under subsection (2) (c) to the person who provided it.

1994-43-101.

Division (6) — Notices under this Part

Giving notice to owners and occupiers

599.   (1) If notice is required to be given to an owner or occupier under this Part, the notice must be given to the owner or occupier in accordance with this section.

(2) A notice to an owner is sufficiently given to the owner if

(a) it is served personally on the owner,

(b) it is sent by registered mail, or a method of delivery that provides proof of delivery, to the person's actual or last known address,

(c) in the circumstances described in subsection (4), it is published in accordance with that subsection, or

(d) it is given as authorized by regulation under section 603.

(3) A notice to an occupier is sufficiently given to the occupier if

(a) the notice is given individually to each occupier in accordance with subsection (2), or

(b) the notice is posted on or near the property in accordance with section 600.

(4) If a notice cannot be served personally on an owner or occupier and the person's actual or last known address cannot be determined after reasonable steps for the purpose have been taken, the notice may be given in accordance with section 3.

(5) A notice given in accordance with subsection (2) (b) is deemed to be received on the earlier of

(a) the date the person to whom it is sent actually receives the notice, and

(b) the end of 10 days after the date on which the notice was sent.

1994-43-101; 2010-6-138.

Posting notice on protected heritage property

600.   (1) The Council may authorize a person to post one or more notices on or near

(a) protected heritage property, or

(b) real property subject to temporary heritage protection under section 583, 586, 589 or 590.

(2) Before or upon entering land to post a notice, the Council must make a reasonable effort to inform the owner or occupier of the land.

(3) Except as authorized by the Council, a person must not alter or remove a notice posted under the authority of this section.

1994-43-101.

Notice on land titles

601.   (1) The Council must file a written notice in the land title office with respect to the following real property:

(a) property that is subject to a provision under section 396B (1);

(b) property designated by a heritage designation by-law;

(c) property that is subject to a heritage revitalization agreement;

(d) property listed in a schedule included under section 596A (3) (b) in an official development plan.

(2) On receipt of a notice under subsection (1), the registrar must make a note of the filing on the title of the affected land.

(3) If a provision, by-law or agreement referred to in subsection (1) no longer applies to property for which a notice was filed under this section, the Council must notify the land title office.

(4) On receipt of a notice under subsection (3), the registrar must cancel the note made under subsection (2).

(5) Notification to the land title office under subsection (1) or (3) must be made in a form satisfactory to the registrar.

(6) The protection of property under this Act is not affected by

(a) an inadvertent and minor error or omission in a notice given by the Council to the registrar in relation to a note on a land title,

(b) an error or omission in a note on a land title, or

(c) a failure by the registrar to make a note on a land title.

(7) In the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making or cancelling of a note under this section,

(a) the registrar is not liable and neither the Crown nor the Land Title and Survey Authority of British Columbia is liable vicariously,

(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and

(b) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.

(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under this section, and section 386 of the Land Title Act applies in respect of those fees.

1994-43-101; 1997-25-216; 2002-22-37; 2004-66-168.

Notice to minister responsible for the Heritage Conservation Act

602.   (1) The Council must notify the minister responsible for the Heritage Conservation Act with respect to the following real property:

(a) heritage property for which a tax exemption is provided under section 396A (2);

(b) heritage property identified in a heritage register under section 582;

(c) heritage property designated by a heritage designation by-law;

(d) heritage property that is subject to a heritage revitalization agreement;

(e) property listed in a schedule included under section 596A (3) (b) in an official development plan.

(2) If the provisions that require that notice must be given under subsection (1) no longer apply to any real property, the Council must notify the minister responsible for the Heritage Conservation Act.

(3) Notices to the minister under subsections (1) and (2) of this section or section 586 (2) must be made in a form satisfactory to that minister.

(4) The protection of property under this Act is not affected by an error or omission in a notice given under this section.

1994-43-101; 2002-22-38.

Regulations regarding notices

603.   (1) The Lieutenant Governor in Council may make regulations respecting the form, content and means of giving notice under this Part or under section 396A (5).

(2) Regulations under subsection (1) may be different for different types of notices and for different types of properties.

1994-43-101.

Division (7) — Remedies and Offences

Civil remedies in relation to heritage property

604.   (1) The Council may apply to the court for an order for compliance or restoration if a person does one or more of the following:

(a) does anything for which a heritage alteration permit is required under this Act without the authority of a heritage alteration permit;

(b) fails to comply with the requirements and conditions of a heritage alteration permit;

(c) fails to comply with a direction of the Ombudsperson under section 580 (4);

(d) fails to bring property up to the standards established under section 596.

(2) An order under subsection (1) may include one or more of the following:

(a) a requirement that, on terms and conditions the court specifies, the person restore the property to which the matter relates to its condition before the contravention;

(b) a requirement that the person undertake compensatory conservation work as the court considers appropriate on the property that was affected or on other property, or that conservation work be performed by others at the expense of that person;

(c) a requirement that the person comply with a direction under section 580 (4) or with the requirements and conditions of a heritage alteration permit;

(d) a requirement that the person carry out measures specified by the court to ameliorate the effects of the contravention or non-compliance;

(e) an authorization that the Council may, by its employees or others at the expense of the owner, perform work regarding a matter referred to in this subsection;

(f) any other requirement the court considers advisable.

(3) If an order is made under subsection (2) (e), the court may specify how and when the person will reimburse the Council for the cost of the work performed and the cost of incidental expenses accruing under the order.

(4) Without limiting the generality of subsection (3), the court may authorize the Council to add the cost of the work undertaken and the cost of incidental expenses under the order to the taxes payable to the Council with regard to the property for the year in which the work is performed.

(5) An order may be made under this section whether or not a person is charged with an offence under section 606 in relation to the matter.

1994-43-101; 2007-14-201; 2009-21-4.

Notice of contravention may be filed in land title office

605.   (1) An officer or employee of the city may recommend to the Council that a notice be filed in the land title office if the officer or employee discovers in the course of duties that any of the following has occurred:

(a) something for which a heritage alteration permit is required under this Act has been done without the authority of a heritage alteration permit;

(b) a person has failed to comply with the requirements and conditions of a heritage alteration permit;

(c) the terms and conditions of a heritage revitalization agreement have been contravened;

(d) a covenant registered by the Council under section 219 of the Land Title Act in relation to heritage property has been contravened.

(2) Section 336D (2) to (9) applies for the purposes of this section as though the person making the recommendation under subsection (1) of this section were the City Building Inspector making a recommendation under section 336D (1).

(3) The authority under subsection (1) is in addition to any other action the person or the Council is authorized to take in relation to the matter.

1994-43-101; 1997-25-217; 2007-14-201.

Offences and penalties

606.   (1) A person who does any of the following commits an offence:

(a) without the authority of a heritage alteration permit, does anything for which a heritage alteration permit is required under this Act;

(b) fails to comply with the requirements and conditions of a heritage alteration permit;

(c) alters property in contravention of a heritage revitalization agreement.

(2) A person convicted of an offence under subsection (1) is liable,

(a) if the person is an individual, to a fine of not more than $50 000 or to imprisonment for a term of not more than 2 years, or to both, or

(b) if the person is a corporation, to a fine of not more than $1 000 000.

(3) If a corporation commits an offence under subsection (1), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence also commits the offence and is liable to the penalty set out in subsection (2) (a) whether or not the corporation is convicted of the offence.

1994-43-101; 2007-14-201.

Contents | Preamble | Part I | Part II | Part III | Part IV | Part V | Part VI | Part VII | Part VIII | Part IX | Part X | Part XI | Part XII | Part XIII | Part XIV | Part XV | Part XVI | Part XVII | Part XVIII | Part XIX | Part XX | Part XXI | Part XXII | Part XXIII | Part XXIV | Part XXV | Part XXVI | Part XXVII | Part XXVIII | Part XXIX | Part XXX