34.5 (1) After consultation with the Trust, the Minister may, by order, designate any property within a municipality or in unorganized territory as property of cultural heritage value or interest of provincial significance if, (a)  the property meets the prescribed criteria; and (b)  the designation is made in accordance with the process set out in section 34.6.  2005, c. 6, s. 26; 2019, c. 9, Sched. 11, s. 15 (1). Effect of designation (2) If property is designated by the Minister under subsection (1), the owner of the property shall not, (a)  carry out or permit an alteration of the property of a kind described in subsection (3) unless the Minister consents to the alteration; (b)  carry out or permit the demolition or removal of the property’s heritage attributes, as set out in the description of the property’s heritage attributes that was required to be served and registered
under clause 34.6 (5) (a); or (c)  carry out or permit the demolition or removal of a building or structure on the property, whether or not the demolition or removal would affect the property’s heritage attributes, as set out in the description of the property’s heritage attributes that was required to be served and registered under clause 34.6 (5) (a).  2005, c. 6, s. 26; 2017, c. 23, Sched. 5, s. 62; 2019, c. 9, Sched. 11, s. 15 (2). Alterations to property (3) Clause (2) (a) applies in respect of alterations that are likely to affect the property’s heritage attributes as described in the notice of intention to designate the property given under section 34.6.  2005, c. 6, s. 26. Application for consent, alteration (4) The owner of a property designated under subsection (1) may apply to the Minister for the Minister’s consent to an alteration of the property and subsections 33 (2) to (14), as they read immediately before the day section 11 of Schedule 11 to the More Homes, More Choice Act, 2019 came into force, apply with necessary modifications to such an application. 2019, c. 9, Sched. 11, s. 15 (3). Same (5) For the purposes of the application of subsection 33 (4), as it read immediately before the day section 11 of Schedule 11 to the More Homes, More Choice Act, 2019 came into force, to an application for the Minister’s consent made under subsection (4) of this section, subsection 33 (4) shall be deemed to require the Minister to consult with the Trust, and not with a municipal heritage committee, before rendering a decision under that subsection. 2019, c. 9, Sched. 11, s. 15 (3). Same, demolition or removal (6) The owner of a property designated under subsection (1) may apply to the Minister for the Minister’s consent to a demolition or removal referred to in clause (2) (b) or (c).  2005, c. 6, s. 26; 2019, c. 9, Sched. 11, s. 15 (4). Decision of Minister (7) Within 90 days after receipt of an application under subsection (6), or within such longer period as is agreed upon by the owner and the Minister, the Minister, having consulted with the Trust, may, (a)  consent to the application; (b)  consent to the application, subject to such terms and conditions as may be specified by the Minister; or (c)  refuse the application.  2005, c. 6, s. 26. Notice of decision (8) The Minister shall, within the time period specified in subsection (7), give notice of its decision under subsection (7) to the owner of the property and to the Trust and, (a)  in the case of property situated in a municipality, shall publish the decision in a newspaper having general circulation in the municipality; and (b)  in the case of property situated in unorganized territory, shall publish its decision or otherwise make its decision known 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. Deemed consent (9) If the Minister fails to give notice of its decision to the owner within the time period specified in subsection (7), the Minister shall be deemed to have consented to the application.  2005, c. 6, s. 26. Application, appeal to Tribunal (10) Section 34.1 applies with necessary modifications where the Minister refuses an application for consent under clause (7) (c) or consents to the application, subject to terms and conditions specified by the Minister under clause (7) (b).  2005, c. 6, s. 26. Delegation (11) The Minister may delegate in writing his or her power to consent to the alteration of a property designated under subsection (1) and to consent to a demolition or removal referred to in clause (2) (b) or (c) in respect of a property designated under subsection (1), (a)  to the Trust, or to an official of the Trust designated by the Trust for the purposes of such a delegation; or (b)  in the case of property situated in a municipality, to the council of the municipality or to an official of the municipality designated by the council of the municipality for the purposes of such a delegation.  2005, c. 6, s. 26; 2019, c. 9, Sched. 11, s. 15 (5). Scope of delegation (12) The Minister may limit a delegation under subsection (11) so as to delegate the power to consent to only one of the types of changes to property described in subsection (11), or to such combination thereof as may be specified in the delegation, or to consent to such classes of alterations as are set out in the delegation.  2005, c. 6, s. 26. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 26
- 28/04/2005 2017, c. 23, Sched. 5, s. 62 - 03/04/2018 2019, c. 9, Sched. 11, s. 15 (1-5) - 01/07/2021