THE PROTECTION OF QU BEC S THE CULTURAL PROPERTY ACT HERITAGE

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THE PROTECTION,THE CULTURAL,OF QU BEC S,PROPERTY ACT HERITAGE. The Direction du patrimoine et de la mus ologie produced this brochure published by the Secr tariat g n ral. Photo credits Back cover of the brochure from left to right. Front cover from left to right 5 Pulperie de Chicoutimi. 1 Moulin vent Fleming Classified historic site,Classified archaeological property Saguenay. Montr al MCCCF Jean Fran ois Rodrigue, MCCCF Jean Fran ois Rodrigue 6 glise de Saint Romuald. 2 Manoir Mauvide Genest Classified historic monument. Classified historic monument L vis, Saint Jean de l le d Orl ans MCCCF Genevi ve H bert. MCCCF Marie Claude C t 7 Ancien palais de justice de Kamouraska. 3 Vase en fa ence fran aise Designated historic monument. Place Royale archaeological reference collection Kamouraska. Classified archaeological property MCCCF Jean Fran ois Rodrigue. Qu bec City,MCCCF Marc Andr Grenier,4 Chalouperie Godbout Tremblay Litalien.
Classified historic monument,Saint Laurent de l le d Orl ans Translation. MCCCF Marie Claude C t Traductions Terrance Hughes inc. D p t l gal 2007,Biblioth que et Archives nationales du Qu bec. Biblioth que et Archives Canada,Gouvernement du Qu bec 2007. ISBN 978 2 550 50627 0, the protection of qu bec s heritage introduction 3. CULTURAL HERITAGE In the Qu bec government the Minister of Culture. Communications and the Status of Women is respon, Cultural heritage occupies an important place in sible for the administration of the Cultural Property.
Quebecers memory but also in their living environ Act The Qu bec government may by order protect. ment This heritage is pervasive and varied from a historic or a natural district The Minister may pre. the standpoint of its origins forms and uses serve immovable or movable cultural property that. Over the years Quebecers have become aware of has province wide heritage value in particular by. the value and interest of their heritage which has granting such property the legal status of classified. led the government to implement conditions or recognized cultural property The Commission des. favourable to its protection The Cultural Property biens culturels du Qu bec advises the Minister on. Act R S Q c B 4 adopted on July 8 1972 is questions pertaining to heritage The mandates of. intended specifically to promote the safeguarding this advisory body are defined in Chapter II of the. and development of the most representative best Cultural Property Act In the realm of heritage the. preserved facets of our heritage whether they are Minister also relies on the expertise of the Direction. places buildings works of art or ethnological du patrimoine and the regional branches which pro. objects archaeological sites or collections archives vide front line liaison with Quebecers. or printed documents The municipalities may also protect buildings or sites. To this end the Act includes a number of provisions under the Cultural Property Act On their own initia. that allow the Qu bec government the Minister of tive or at the request of residents they may identify. Culture Communications and the Status of Women and protect property that has heritage value at the. and local officials to identify and protect Qu bec s local or regional level. heritage and to respect the rights of those who,own oversee or use such heritage. 4 introduction the protection of qu bec s heritage. Quebecers have a leading role to play in heritage Moreover the municipalities may protect their heritage. protection whether they own cultural property or by designating historic monuments or establishing. contact their municipality or the regional branch of heritage sites. the minist re de la Culture des Communications et Specific procedures and application measures advan. de la Condition f minine to request that a property tages and obligations are associated with each type. that they deem to have heritage value be protected of legal status and category of property For this reason. Individuals are essential participants in the safe it is important to properly measure the foreseeable. guarding and development of heritage and can implications before requesting the attribution of legal. contribute both from the standpoint of preserva status. tion and awareness, The legal status granted by the government applies. to two types of territories i e,historic districts. natural districts,The status granted by the Minister applies. to various categories of cultural property i e,works of art.
historic properties,To obtain more information quickly. historic monuments One simple way to learn more about cultural property is. historic sites to consult the R pertoire du patrimoine culturel du. archaeological properties Qu bec which presents all of the properties listed in the. archaeological sites register of recognized and classified cultural property. cinematographic audiovisual photographic but also historic or natural districts and property and. radio or television works sectors protected by municipal by law. see the glossary on page 27 The R pertoire is available online. www patrimoine culturel gouv qc ca,TABLE OF CONTENTS. CULTURAL HERITAGE 3,PROVINCE WIDE STATUS 6,CLASSIFICATION 7. RECOGNITION 11,ORDER RESPECTING HISTORIC,OR NATURAL DISTRICTS 13. MUNICIPAL STATUS 16,DESIGNATION OF HISTORIC MONUMENTS 17.
ESTABLISHMENT OF HERITAGE SITES 18,PRACTICAL INFORMATION AND RESOURCES 20. PROCESSING OF APPLICATIONS,AT THE PROVINCIAL LEVEL 21. PROCESSING OF APPLICATIONS,AT THE MUNICIPAL LEVEL 23. INFORMATION ON CULTURAL PROPERTIES 24,OTHER HERITAGE PRESERVATION MEASURES 25. OTHER MEANS OF PRESERVING OUR HERITAGE 26,USEFUL TERMS 27.
USEFUL ADDRESSES 28,PROVINCE WIDE STATUS,CLASSIFICATION. RECOGNITION,ORDER RESPECTING HISTORIC,OR NATURAL DISTRICTS. the protection of qu bec s heritage classification 7. Classification makes it possible to identify movable. and immovable cultural properties that makes up,our cultural heritage. All classified property is recorded in the register of. cultural properties s 11 and the R pertoire du,patrimoine culturel du Qu bec All classified buil. CLASSIFICATION dings may also be recorded in the Canadian Register. of Historic Places, nature and scope The owners of classified cultural property may.
Classification is an identification and legal protection obtain technical support from the minist re de la. measure to which the Minister of Culture Culture des Communications et de la Condition. Communications and the Status of Women may f minine Depending on the type of property the. resort to preserve property whose conservation is owner may also obtain financial assistance covering. in the public interest because of its heritage value part of the cost of certain restoration work or. More than 500 historic sites and monuments archaeological intervention consult the appro. throughout Qu bec have been classified along priate MCCCF assistance programs. with thousands of objects such as archaeological, The Act authorizes the Minister once he has sought. properties works of art ethnological objects, the advice of the Commission des biens culturels du. archives and so on Over 100 monuments are also,Qu bec to contribute to the maintenance restora. surrounded by a protected area, tion alteration or transport of classified cultural. see box on page 10 property or property situated on a classified site. advantages Any classified cultural immovable property not used. A classified property not only obtains assured for commercial purposes may be exempted from. permanent protection but also benefits from property tax to the extent and under the conditions. symbolic added value and enhanced visibility provided by regulation up to one half of the value. entered on the valuation roll s 33, 8 classification the protection of qu bec s heritage.
Under certain conditions a classified property Moreover in the case of a classified historic site no. may be eligible for the programs of other person may without the permission of the Minister. government departments and public agencies who obtains the advice of the Commission des biens. and for those offered by the Canadian government culturels du Qu bec. obligations divide or subdivide redivide or parcel out any lot s 48. Pertaining to preservation change the arrangement ground plan destination. or utilization of an immovable s 48,The Act imposes certain obligations on the owner. make any construction repairs alteration relating, of a classified cultural property the first one being. to the exterior appearance of an immovable s 48,to keep it in good condition s 30. demolish all or part of the immovable or erect a, No person may without the permission of the new construction s 48. Minister who obtains the advice of the Commission, post up a new sign or billboard or alter replace or.
des biens culturels du Qu bec,demolish any sign or billboard s 49. transport classified property outside Qu bec make any construction repairs or alteration relating. ss 17 and 34 to the interior appearance of an immovable if the. alter restore repair change in any manner or demolish site was classified before March 22 1978 s 48. all or part of any classified cultural property s 31 These obligations are separate requirements from. In the case of an immovable no person may those that a municipality may establish in order to. without the permission of the Minister who obtains issue a municipal construction permit The permission. the advice of the Commission des biens culturels du of the Minister of Culture Communications and the. Qu bec Status of Women and the municipal permit must be. move it or use it as a backing for a construction obtained in order for the work to be carried out. the protection of qu bec s heritage classification 9. Pertaining to alienation After alienation,Every person who becomes the owner of classified. Prior to alienation, cultural property by legal or testamentary succession. No person may alienate i e transfer in whole or in must within 60 days of his being put in possession. part his rights linked to the property classified cul give notice of it to the Minister ss 21 and 34. tural property without the authorization of the, Minister who obtains the advice of the Commission Notice in writing of the alienation must however be. des biens culturels du Qu bec in favour given to the Minister within 30 days of its occurrence. ss 23 and 34,of any government including departments and.
agencies thereof other than that of Qu bec,of any legal person whose principal establishment. is not situated in Qu bec Notice of intention, of any natural person who is not a Canadian citizen The Minister must before obtaining the advice of the. or a permanent resident within the meaning of Commission des biens culturels du Qu bec send a notice. the Immigration Act s 32 of his intention to proceed with classification to the. owner of the cultural property and to the municipality in. No person may alienate classified cultural property. whose territory the cultural property is situated and. without giving the Minister at least 60 days previous. publish the notice in a local newspaper s 25,written notice During this period if the cultural. property which one wishes to alienate has existed The notice of intention to proceed is valid for a period of. for more than 50 years at the time it is offered for one year from the date of sending of the notice. sale 10 years in the case of a photographic although the Minister may proceed with the classification. cinematographic audiovisual radio or television 60 days after the sending of the notice Any interested. document the Minister may decide to exercise his person may within 30 days of the sending of the notice. right of preemption i e to acquire it by preference of intention make representations to the Commission. over any other purchaser at the price it is offered During the period of validity of the notice of intention. for sale ss 20 22 and 34 the owner of the property must conduct himself as. though the property were already classified, 10 classification the protection of qu bec s heritage. Protected area Obligations, The protected area is intended to control the deve Inside a protected area no one may without the per.
lopment of the area surrounding a classified historic mission of the Minister who obtains the advice of the. monument in order to preserve its heritage value Commission des biens culturels du Qu bec. A protected area is not established automatically, simply because the monument is classified Indeed divide or subdivide redivide or parcel out any lot. it is only established if the Minister determines its ss 48 and 50. perimeter and adopts an order to this effect after change the arrangement ground plan destination. obtaining the advice of the Commission des biens or utilization of an immovable ss 48 and 50. culturels du Qu bec and consulting the municipalities make any construction repairs alteration relating to the. directly concerned ss 47 1 and 130 exterior appearance of an immovable ss 48 and 50. The perimeter of protected areas demarcated prior demolish all or part of the immovable or erect a. to April 2 1986 around a classified historic monument new construction ss 48 and 50. must not be farther than 152 metres from the post up a new sign or billboard or alter replace or. classified historic monument unless they have demolish any sign or billboard ss 49 and 50. Quebecers have a leading role to play in heritage protection whethertheyownculturalpropertyor contacttheirmunicipalityortheregionalbranchof theminist redelaCulture

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