34.9 (1) An owner of a property designated under subsection 34.5 (1) may apply to the Minister for a repeal of the order designating the property.  2005, c. 6, s. 26. Decision of Minister (2) Within 90 days of receipt of an application under subsection (1), the Minister, having consulted with the Trust, shall, (a)  refuse the application and cause notice of its decision to be given to the owner and to the Trust; or (b)  consent to the application and, (i)  cause notice of the intention to repeal the order to be served on the owner and the Trust, (ii)  if the property is situated in a municipality, publish notice of the intention to repeal the order in a newspaper of general circulation in the municipality, and (iii)  if the property is situated in unorganized territory, publish or otherwise make known the notice of intention to repeal the order 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. Extension of time (3) The applicant and the Minister may agree to extend the time under subsection (2) within which the Minister is to make a decision.  2005, c. 6, s. 26. Deemed decision (4) If the Minister fails to notify the applicant of his or her decision within the 90-day period referred to in subsection (2) or within such further time as may have been agreed to under subsection (3), the Minister shall be deemed to have consented to the application.  2005, c. 6, s. 26. Application for hearing (5) Within 30 days of receipt of a notice of a refusal of an application under clause (2) (a), the owner of the property in question may apply to the Minister for a hearing before the Tribunal.  2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1). Application (6) Subsections 32 (5) to (10) and (13), as they read immediately before the day section 10 of Schedule 11 to the More Homes, More Choice Act, 2019 came into force, apply with necessary modifications to a hearing by the Tribunal under this section.  2005, c. 6, s. 26; 2009, c. 33, Sched. 11, s. 6 (12); 2019, c. 9, Sched. 11, s. 16; 2021, c. 4, Sched. 6, s. 74 (1). Decision of Minister (7) After considering the report of the Tribunal, the Minister, without further hearing, shall, (a)  refuse the application and cause notice of its decision to be given to the owner and to the Trust; or (b)  consent to the application and, (i)  cause notice of the intention to repeal the order to be served on the owner and the Trust, (ii)  if the property is situated in a municipality, publish notice of the intention to repeal the order in a newspaper of general circulation in the municipality, and (iii)  if the property is situated in unorganized territory, publish or otherwise make known the notice of intention to repeal the order 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; 2021, c. 4, Sched. 6, s. 74 (1). Objection (8) Within 30 days after the day the notice of intention was first published or made known to the public under clause (2) (b) or (7) (b), a person may serve on the Minister a notice of objection to the repeal of an order designating property setting out the reason for the objection and all relevant facts.  2005, c. 6, s. 26. Application (9) Subsections 34.6 (5) to (18), as they apply to an intention to make an order to designate property, apply with necessary modifications to an intention to make an order repealing the designation of the property.  2005, c. 6, s. 26. Reapplication (10) Where the Minister refuses an application under this section, the owner of the property may not reapply to have the order that designates the property as property of cultural heritage value or interest of provincial significance revoked for 12 months from day the owner receives notice of the Minister’s decision, except with the consent of the Minister.  2005, c. 6, s. 26. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 26
- 28/04/2005 2009, c. 33, Sched. 11, s. 6 (12) - 15/12/2009 2019, c. 9, Sched. 11, s. 16 - 01/07/2021 2021, c. 4, Sched. 6, s. 74 (1) - 01/06/2021 General