Proceedings of the Standing Senate Committee on
Fisheries and Oceans
Issue 5 - Fifth Report of the Committee
Monday, December 11, 2006
The Standing Senate Committee on Fisheries and Oceans has the honour to present its
FIFTH REPORT
Your Committee, to which was referred Bill S-220, An Act to protect heritage lighthouses, has, in obedience to the Order of Reference of Tuesday, November 28, 2006, examined the said Bill and now reports the same with the following amendments:
1. Clause 2:
(a) Page 1:
(i) Add after line 22 the following:
````advisory committee'' means the advisory committee established by the Minister under section 9.1.'',
(ii) Add after line 25 the following:
````established criteria'' means the criteria established by the Minister under paragraph 18(a).'', and
(iii) Delete lines 26 to 29; and
(b) Page 2:
(i) Replace line 3 and 4 with the following:
``this Act, and includes any related built structure that is included in the designation.'',
(ii) Replace line 10 with the following:
``use as an aid to navigation.'',
(iii) Replace lines 11 to 14 with the following:
````Minister'' means the Minister responsible for the Parks Canada Agency.'',
(iv) Delete line 15, and
(v) Replace lines 16 to 19 with the following:
````related built structure'', in relation to a lighthouse, means any built structure on the site on which the lighthouse is situated that contributes to the heritage character of the lighthouse.''.
2. Clause 4, page 2: Replace lines 28 to 30 with the following:
``4. This Act applies to lighthouses that are the property of Her Majesty in right of Canada.''.
3. Clause 6, page 2:
(a) Replace lines 33 and 34 with the following:
``6. (1) The Minister may, at any time, taking into account the established criteria,''; and
(b) Replace line 38 with the following:
``include any related built structure that the Minister considers should be included in the designation, taking into account the established criteria.''.
4. Delete clause 7, page 3.
5. Clause 8, page 3:
(a) Replace line 24 with the following:
``into account the established criteria,'';
(b) Replace line 26 with the following:
``which the Minister receives a petition; and''; and
(c) Replace lines 29 to 35 with the following:
``whether any related built structures should be included in the designations, and make the appropriate designations.''.
6. Clause 9, page 3: Replace line 43 with the following:
``it has been desig-''.
7. New clause 9.1, page 3: Add after line 44 the following:
``9.1 The Minister must establish an advisory committee to advise and assist the Minister on matters relating to heritage lighthouses, including the designation and protection of heritage lighthouses and the establishment of criteria for their designation, alteration and maintenance.''.
8. Clause 10:
(a) Page 3: Replace lines 45 to 51 with the following:
``10. The Minister must consult with the advisory committee, and may consult with any other persons or bodies that the Minister considers appropriate, before determining whether a lighthouse should be designated as a heritage lighthouse and whether any related built structure should be included in the designation.''; and
(b) Page 4: Delete lines 1 to 13.
9. Clause 11, page 4:
(a) Replace lines 14 to 18 with the following:
``11. (1) A heritage lighthouse, or any part of it, may only be altered in accordance with the criteria and procedures established under paragraph 18(b).''; and
(b) Replace lines 24 to 29 with the following:
``does not affect the heritage character of the heritage lighthouse.''.
10. Clause 12, page 4: Replace lines 30 to 41 with the following:
``12. (1) A heritage lighthouse, or any part of it, may only be transferred to Her Majesty in right of a province or sold if a notice is published at least 90 days before the transfer or sale in one or more newspapers of general circulation in the area in which the lighthouse is situated.
(2) A heritage lighthouse, or any part of it, may only be sold if a public meeting is held on the matter in the area in which the lighthouse is situated, unless the sale is to a municipality.
(3) Any transaction effecting a transfer to Her Majesty in right of a province or a sale shall provide for the protection of the heritage character of the heritage lighthouse by any means that the Minister may authorize.''.
11. Clause 13:
(a) Page 4: Replace lines 42 to 45 with the following:
``13. (1) A heritage lighthouse, or any part of it, may only be demolished if there is no reasonable alternative and if a notice is published at least 90 days before the demolition in one or more newspapers of general circulation in the area in which the lighthouse is situated.''; and
(b) Page 5: Replace lines 1 to 14 with the following:
``(2) Subsection (1) does not apply in respect of the demolition of a heritage lighthouse in response to any emergency situation or an urgent operational requirement.''.
12. Delete clause 14, page 5.
13. Delete clause 15, pages 5 and 6.
14. Delete clause 16, page 6.
15. Clause 17, page 6: Replace lines 25 to 27 with the following:
``maintain it in accordance with the criteria established under paragraph 18(c).''.
16. Clause 18:
(a) Page 6:
(i) Replace lines 28 to 30 with the following:
``18. The Minister must
(a) establish criteria to be taken into'', and
(ii) Replace lines 33 to 46 with the following:
``lighthouse and whether any related built structure should be included in the designation;
(b) establish criteria and procedures respecting the alteration of heritage lighthouses that are in keeping with national and international standards for the conservation of heritage properties;
(c) establish criteria for the maintenance of heritage lighthouses that are in keeping with national and international standards for the conservation of heritage properties; and
(d) include in the criteria and procedures established under paragraph (b) requirements that all interested persons be given a reasonable opportunity to make representations concerning any proposed alteration of a heritage lighthouse or any part of it, and that a public meeting be held concerning the proposed alteration.''; and
(b) Page 7: Delete lines 1 and 2.
Respectfully submitted,
BILL ROMPKEY, P.C.
Chair