New Historic Places Act Overhauls Heritage Protection

Summary#

This bill creates the Historic Places of Canada Act. It replaces the Historic Sites and Monuments Act. It sets rules to designate and protect historic places, people, and events. It also updates related laws for Parks Canada and historic canals.

• Creates a public register of designated places, people, and events, with reasons and conditions (Public Register).
• Requires federal bodies to follow national conservation standards and consult Parks Canada before altering or disposing of federal historic places (Protection and Conservation — Standards and Guidelines; Consultation).
• Adds First Nations, Inuit, and Métis representatives to the Historic Sites and Monuments Board of Canada and sets its powers (Board continued; Composition; Powers, duties and functions of Board).
• Lets the Minister restrict navigation on historic canals and authorizes wide regulations for sites under Parks Canada (Navigation in Historic Canals; Regulations; Schedule 2).
• Sets offences and higher fines, and creates a fund where fines support conservation (Offences and Punishment; Historic Places Protection and Conservation Fund).
• Requires management plans for each Parks Canada–administered historic place within 5 years, with 10‑year reviews (Parks Canada Agency Act amendments — Management plans).

What it means for you#

• Households and visitors

  • You may see clearer information about why places are designated and their condition through a public register, unless disclosure could harm the site or its spiritual character (Public Register; Non‑disclosure).
  • Rules at federal historic places (e.g., site access, activities, traffic, pets) may change as new regulations are made or updated (Regulations).
  • Deceased prime ministers’ graves will have a formal commemoration program (Commemoration program).

• Boaters and canal users

  • Navigation, anchoring, or mooring may be restricted or prohibited in historic canals for safety, water levels, or maintenance (Navigation in Historic Canals).
  • Parks Canada may detain or seize vessels for unpaid canal fees, unpaid fines, or damage, and may sell seized vessels if amounts remain unpaid (Regulations — Seizure and sale).
  • Canal fees are set under Parks Canada’s fee rules and cannot exceed the cost to provide the service (Parks Canada Agency Act s. 23 as amended; Service Fees Act application).

• Indigenous communities

  • Three Board seats are reserved: one each for First Nations, Inuit, and Métis (Board — Composition).
  • Indigenous knowledge and community knowledge must be considered in designation recommendations (Recommendation by Board — Sources of information).
  • At an Indigenous governing body’s request, the register may include information about places of heritage value that are not designated (Public Register — Places other than historic places).

• Workers, contractors, and heritage professionals

  • Projects that may physically change a federal historic place must take into account the Standards and Guidelines for the Conservation of Historic Places in Canada and consult Parks Canada before work begins (Protection and Conservation — Standards and Guidelines; Consultation).
  • Expect demand for heritage assessments, conservation planning, and documentation to meet these duties (same provisions).

• Businesses and lessees on federal lands

  • If you operate in or near a federal historic place under Parks Canada, your activities may be regulated (e.g., traffic, construction, business operations) to protect heritage value (Regulations).
  • Long‑term leases in place before Royal Assent may be temporarily exempt from some new duties until the lease expires or is renewed or amended (Transitional — Leased historic places).

• Federal departments and Crown corporations

  • You must request designation of each federal building at the 50‑year mark or later if it comes under your administration after that point (Designation — Requirement for federal authorities).
  • You must provide register information on the condition of each federal historic place and planned actions that could affect heritage value (Public Register — Obligations of federal authorities).
  • You must consult Parks Canada before disposing of a federal historic place and notify when disposition is complete (Consultation — disposition; Notification).

• Local governments and communities

  • Cross‑references in several Acts are updated from “national historic sites” to “historic places,” aligning terms without creating new municipal taxing powers (Related and Consequential Amendments — Payments in Lieu of Taxes Act).

• Property owners near sites

  • Park wardens and enforcement officers may pass over private property while performing duties, without liability for that passage (Enforcement — Right of passage).

• Timing

  • Many provisions take effect on Royal Assent. Some take effect by order of the Governor in Council, and certain parts begin on the third anniversary of Royal Assent (Coming into Force). Exact dates: Data unavailable.

Expenses#

Estimated net cost: Data unavailable.

• No official fiscal note was identified. Data unavailable.
• New and ongoing administrative duties for Parks Canada and federal authorities include maintaining a public register, board operations, consultations, and management plans. Data unavailable.
• Revenues and funds:
  • Parks Canada may charge cost‑recovery fees for historic canal use (Parks Canada Agency Act s. 23 as amended).
  • Fines are credited to the Historic Places Protection and Conservation Fund for heritage protection spending (Historic Places Protection and Conservation Fund).
  • Amounts expected from fees and fines: Data unavailable.

Notes:

• Board members appointed by Governor in Council receive remuneration and expenses; others receive travel and living expenses (Board — Remuneration and expenses). Amounts: Data unavailable.
• No explicit appropriations are set out in the bill text.

Proponents' View#

• Improves protection by requiring federal authorities to apply national conservation standards and consult Parks Canada before changes or disposal, reducing heritage loss risk (Protection and Conservation — Standards and Guidelines; Consultation).
• Increases transparency through a public register that lists reasons for designation, heritage value, condition, and planned actions for federal historic places (Public Register).
• Strengthens inclusion by adding three Indigenous representatives to the Board and requiring Indigenous knowledge to be considered in designations (Board — Composition; Recommendation by Board — Sources of information).
• Provides clearer, enforceable consequences for harm, with fines up to $1,000,000 for corporations, and court orders to fund remediation and conservation (Offence; Orders of court).
• Modernizes canal management by allowing targeted navigation restrictions and cost‑recovery fees, supporting safety and maintenance without exceeding service costs (Navigation in Historic Canals; Parks Canada Agency Act s. 23).
• Ensures planning discipline with mandatory management plans within 5 years for each Parks Canada–administered historic place and 10‑year reviews (Parks Canada Agency Act — Management plans).

Opponents' View#

• Creates new administrative burdens without specified funding, including register upkeep, mandatory consultations, designation processing for 50‑year‑old federal buildings, and management plans, which could strain capacity and slow projects (Public Register; Designation — Requirement for federal authorities; Management plans).
• Grants broad regulation‑making and enforcement powers, including right of passage over private property and search and seizure, raising civil liberties and due process concerns despite warrant requirements and due diligence defences (Enforcement — Right of passage; Search and seizure; Due diligence defence).
• Public register could expose sensitive information or attract looting, even though the Minister may withhold details; effectiveness depends on consistent application of the non‑disclosure exemptions (Public Register — Non‑disclosure of information).
• Detention, seizure, and possible sale of vessels for unpaid canal fees or alleged damage may be seen as heavy‑handed and risky for small operators; fee levels and processes will depend on future administrative decisions (Regulations — Seizure and sale; Service Fees Act application).
• Many key details are left to future Ministerial criteria and Governor in Council regulations (e.g., designation criteria, site‑specific rules), creating uncertainty for departments, businesses, and communities during implementation (Criteria; Regulations).