34.6 (1) If the Minister intends to designate property as property of cultural heritage value or interest of provincial significance, the Minister shall ensure that a notice of intention to designate the property is, (a)  served on the owner of the property and, if the property is situated in a municipality, on the clerk of the municipality; (b)  in the case of property situated in a municipality, published in a newspaper of general circulation in the municipality; and (c)  in the case of property situated in unorganized territory, published or otherwise made known in the territory in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice.  2005, c. 6, s. 26. Content of notice (2) A notice of intention to designate property served on an owner of property and on the clerk of a municipality under clause (1) (a) shall contain, (a)  an adequate description of the property so that it may be readily ascertained; (b)  a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property; and (c)  a statement that notice of objection to the designation may be served on the Minister, within 30 days after the day the notice of intention was first published or made known to the public under clause (1) (b) or (c).  2005, c. 6, s. 26. Same (3) A notice of intention to designate property published under clause (1) (b) or (c) shall contain, (a)  an adequate description of the property so that it may be readily ascertained; (b)  a statement explaining the cultural heritage value or interest of the property; (c)  a statement that further information respecting the proposed designation is available from the Minister; and (d)  a statement that notice of objection to the designation may be served on the Minister, within 30 days after the day the notice of intention was first published or made known to the public under clause (1) (b) or (c).  2005, c. 6, s. 26. Objection (4) Within 30 days after the day the notice of intention was first published or made known to the public under clause (1) (b) or (c), a person may serve on the Minister a notice of objection setting out the reason for the objection and all relevant facts.  2005, c. 6, s. 26. If no notice of objection (5) If no notice of objection is served within the 30-day period referred to in subsection (4), the Minister, (a)  shall make an order designating the property as property of cultural heritage value or interest of provincial significance and shall, (i)  cause a copy of the order together with a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property, (A)  to be served on the owner of the property, on the Trust and, if the property is situated in a municipality, on the clerk of the municipality, and (B)  to be registered against the property affected in the proper land registry office, (ii)  in the case of property situated in a municipality, publish notice of the order in a newspaper of general circulation in the municipality, and (iii)  in the case of property situated in unorganized territory, publish notice of the order or otherwise make it known in the territory in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice; or (b)  shall withdraw the notice of intention to designate the property by causing a notice of withdrawal, (i)  to be served on the owner of the property, on the Trust and, if the property is situated in a municipality, on the clerk of the municipality, (ii)  in the case of property situated in a municipality, to be published in a newspaper of general circulation in the municipality, and (iii)  in the case of property situated in unorganized territory, to be published or otherwise made known in the territory in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice.  2005, c. 6, s. 26. Referral of objection to Tribunal (6) If a notice of objection is served on the Minister under subsection (4), the Minister shall, upon expiration of the 30-day period referred to in that subsection, refer the matter to the Tribunal for a hearing and report.  2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1). Hearing (7) If a matter is referred to the Tribunal under subsection (6), the Tribunal shall hold a hearing as soon as practicable to determine whether the property in question should be designated as property of cultural heritage value or interest of provincial significance.  2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1). Parties (8) The Minister, the owner of the property in question, any person who has served a notice of objection under subsection (4) and such other persons as the Tribunal may specify are parties to the hearing.  2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1). (9), (10) Repealed: 2021, c. 4, Sched. 6, s. 74 (6). Notice of hearing (11) Notice of a hearing under subsection (7) shall be, (a)  if the hearing is with respect to property situated in a municipality, published in a newspaper of general circulation in the municipality at least 10 days before the day of the hearing; and (b)  if the hearing is with respect to property situated in unorganized territory, published or otherwise made known in the territory in a manner and at such times as the Tribunal considers adequate to give the public in the territory reasonable notice of the hearing.  2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1). (12) Repealed: 2021, c. 4, Sched. 6, s. 74 (6). Reports (13) Within 30 days after the conclusion of a hearing under subsection (7) or as soon thereafter as is practicable, the Tribunal shall make a report to the Minister setting out its findings of fact, its recommendations as to whether or not the property in question should be designated under section 34.5 and any information or knowledge used by it in reaching its recommendations.  2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1). Copies (14) The Tribunal shall send a copy of its report to the other parties to the hearing.  2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1). Decision of Minister (15) After considering the report of the Tribunal, the Minister, without further hearing, shall make any order or take any action set out in subsection (5) and follow the requirements of that subsection.  2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1). Decision final (16) The decision of the Minister under subsection (15) is final.  2005, c. 6, s. 26. Withdrawal of objection (17) A person who has served a notice of objection under subsection (4) may withdraw the objection at any time before the conclusion of a hearing into the matter by serving notice of withdrawal on the Minister and on the Tribunal.  2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1). No hearing (18) If the Tribunal has received notices of withdrawal for all the notices of objection that were served under subsection (4), the Tribunal shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the council shall act in accordance with subsection (5) as if no notice of objection had been served.  2009, c. 33, Sched. 11, s. 6 (11); 2021, c. 4, Sched. 6, s. 74 (1). Section Amendments with date in force (d/m/y) 2005, c. 6, s. 26 - 28/04/2005 2009, c. 33, Sched. 11, s. 6 (11) - 15/12/2009 2021, c. 4, Sched. 6, s. 74 (1, 6) - 01/06/2021 Effect of notice of designation