Heritage Property Act (Saskatchewan)

Heritage Property Act (Saskatchewan)
Stonedan · CC BY-SA 3.0 · source
Title	Heritage Property Act
Jurisdiction	Saskatchewan
Enacted	1974
Status	current

Heritage Property Act (Saskatchewan)

The Heritage Property Act (Saskatchewan) is provincial legislation that provides for the identification, designation, protection, and conservation of heritage properties in Saskatoon, Regina, Prince Albert, Moose Jaw, and other Saskatchewan communities such as Yorkton and Swift Current. The Act interfaces with bodies including Saskatchewan Heritage Foundation, Saskatchewan Association of Architects, National Trust for Canada, Canadian Museums Association, and municipal councils like City of Regina council and City of Saskatoon council to manage built heritage, archaeological sites, and cultural landscapes.

Overview

The Act establishes a statutory regime used by Ministers in the Executive Council of Saskatchewan, municipal councils such as Regina City Council and Saskatoon City Council, and heritage organizations including the Saskatchewan History and Folklore Society and Heritage Saskatchewan to identify places linked to figures like Norman Maclean (author), E. A. Rawlinson, and events such as the North-West Rebellion and the Statute of Westminster 1931 era developments. It spans designations from provincial historic sites like Fort Walsh and Batoche National Historic Site to municipal properties in towns like Weyburn and Moose Jaw. The Act complements federal instruments including Historic Sites and Monuments Board of Canada and provincial instruments such as the Parks Act (Saskatchewan).

Legal Framework and Definitions

Key definitions in the Act distinguish types of heritage property: provincial heritage property, municipal heritage property, and heritage conservation districts, referencing legal concepts used by bodies like the Law Society of Saskatchewan and tribunals such as the Court of Queen’s Bench for Saskatchewan. The Act assigns authority to the Minister of Parks, Culture and Sport (Saskatchewan), aligns with provincial statutes like the Municipalities Act (Saskatchewan) and interacts with federal statutes including the Canadian Environmental Assessment Act in contexts of archaeological resource management. Definitions incorporate references to places like Fort Battleford and structures associated with individuals such as Tommy Douglas and John Diefenbaker when designated for historical significance.

Designation and Protection Processes

Designation under the Act begins with surveys and inventories conducted by organizations like Heritage Canada affiliates, municipal heritage advisory committees, and scholars from institutions such as the University of Saskatchewan, University of Regina, Saskatchewan Polytechnic, and Royal Saskatchewan Museum. The process involves evaluation against criteria used by the Historic Sites and Monuments Board of Canada, consideration of association with persons like Gabriel Dumont and events such as the Metis Provisional Government of 1870, and consultation with stakeholders such as Federation of Saskatchewan Indian Nations and local cultural groups in communities including Lloydminster, Estevan, and Rosetown. Protection measures include issuance of permits, conservation easements similar to those administered by the Nature Conservancy of Canada, and designation notices comparable to practices by the National Trust for Canada.

Responsibilities and Enforcement

The Act assigns responsibilities to the Minister, municipal councils, heritage permit officers, and enforcement by tribunals such as the Saskatchewan Municipal Board and courts including the Court of Appeal for Saskatchewan. Municipalities like Regina and Saskatoon maintain registers, enforce bylaws, and collaborate with organizations such as Canadian Institute of Planners, Architectural Conservancy of Ontario (as comparative practice), and the Canadian Association of Heritage Professionals for standards. Enforcement tools include stop work orders, fines invoked through provisions akin to those used by the Office of the Provincial Auditor (Saskatchewan), and injunctions pursued in courts like the Court of Queen’s Bench for Saskatchewan.

Funding and Incentives

Funding mechanisms linked to the Act involve the Saskatchewan Heritage Foundation grants, municipal tax incentives modeled on programs in Halifax Regional Municipality and City of Vancouver, and matching funds from foundations such as the Canada Council for the Arts and the Saskatchewan Lotteries Trust Fund for Sport, Culture and Recreation. Incentives include property tax relief resembling measures from City of Winnipeg and facade improvement grants similar to those offered by the Ontario Heritage Trust, as well as capital funding from provincial budgets administered by the Ministry of Finance (Saskatchewan). Partnerships with philanthropic bodies like the RBC Foundation and corporate donors including CN (Canadian National Railway) have supported adaptive reuse projects across Saskatchewan.

Notable Designations and Case Studies

Noteworthy provincial and municipal designations under the Act include sites tied to the Red River Rebellion, North-West Mounted Police, and personalities such as Poundmaker and Big Bear (Cree leader). Case studies include conservation of the Delta Bessborough in Saskatoon with input from heritage architects affiliated with the Royal Architectural Institute of Canada, rehabilitation of the Regina Exhibition Grounds buildings, adaptive reuse of former Canadian Pacific Railway stations in Moose Jaw and Prince Albert, and archaeological stewardship at sites like Fort Pitt. These case studies show collaboration with bodies such as the National Research Council Canada and researchers from the Canadian Museum of History.

Amendments and Legislative History

Since its enactment, the Act has been amended through measures introduced by ministers from cabinets including Grant Devine and Roy Romanow administrations, with parliamentary processes involving the Legislative Assembly of Saskatchewan and committees such as the Standing Committee on Crown and Central Agencies. Amendments have addressed municipal engagement, archaeological protections informed by the Royal Commission on Aboriginal Peoples recommendations, and alignment with federal heritage conservation efforts like the Historic Places Initiative. Legislative evolution reflects input from stakeholders including Saskatchewan Association of Rural Municipalities, Indigenous and Northern Affairs Canada (as comparative interlocutor), and heritage NGOs such as Gallery 1C03 affiliates.

Category:Heritage legislation in Canada