An Act To Protect Heritage Lighthouses Finally Passes

After eight years and many incarnations of the bill, Canada’s Parliament has finally empowered their communities to protect their maritime assets, their many lighthouses. Every province except Alberta and Saskatchewan has lighthouses, and they have been without any federally mandated protection since they were automated. The bill, originally sponsored by British Columbia Pat Carney and the late Nova Scotia Senator Michael Forestall, passed Parliament May 7. MP Larry Miller, whose Ontario riding (Bruce-Grey-Owen Sound) has several historic lighthouses, carried the bill through the House of Commons. It will take effect in 2010.

Until now, Canada’s lighthouses have been subject to the Real Properties Act, which has made it difficult for municipalities to take over the structures and their sites, and virtually guaranteed their sale to private parties. Provincial heritage legislation and municipal bylaws cannot apply to federal buildings. Fourteen lighthouses have been recognized as National Historic Sites by the Historic Sites and Monuments Board of Canada, but legally these buildings can still be demolished or disposed of by the government, as many already have been. There was also no explicit mandate to preserve and protect these lighthouses, making it easy for damage from vandals and the normal deterioration of an unoccupied building to occur.

The Bill In Short

The new Lighthouse Heritage Protection Act will:

• Provide a means for the selection and designation of federal heritage lighthouses;
• Prevent the unauthorized alteration of federal heritage lighthouses;
• Require that designated federal heritage lighthouses be maintained in a manner consistent with accepted conservation standards;
• Facilitate the sale or transfer of federal heritage lighthouses in order to ensure the lighthouses’ public purpose.

Some significant features of the Act include:

• Increased protection of the heritage lighthouses under federal stewardship.
• A clear process for the identification, maintenance and divestiture of federal heritage lighthouses.
• New mechanisms for public involvement in the protection of federally owned lighthouses:
  • Public nominations of lighthouses to be considered for heritage designation;
  • Public consultation before alterations are made to heritage lighthouses;
  • Public notice of lighthouses considered surplus to the federal government;
  • Public notice of the transfer of a federal heritage lighthouse to a community group or municipality;
  • Public meeting if a lighthouse is considered for sale to a private owner;
  • Public notice and public meeting if a lighthouse is to be demolished.

The timetable for the implementation of this Act is as follows:

• 2008 – Bill gets Royal Ascent (signed into law)
• 2010 – Legislation comes into force
• 2010-2012
  • Nominations of heritage lighthouses for designation to the Minister of the Environment must be received
  • List of surplus lighthouses must be posted by the Department of Fisheries and Oceans
• 2012-2015 – The Minister of the Environment must publish list of designated lighthouses and those denied designation

Doomsday Lighthouses

The current federal heritage designation practice occurs under the Federal Heritage Buildings Review Office (FHBRO) which evaluates the heritage significance of federally-owned heritage buildings, but there is no public input in this process. Under FHBRO a heritage building can either be Classified or Recognized: 22 lighthouses are classified, and 104 are recognized. But FHBRO is policy only, and does not afford the same binding protection as legislation. Once a lighthouse leaves the federal inventory, even FHBRO protection ends.

Some lighthouses, currently protected under the FHBRO, are still not receiving any maintenance. The act will change that. Two examples of this situation include Cape Sable Lighthouse, NS (pictured above), and Seal Point Lighthouse, NS. Cape Sable is “Classified,” but the concrete is crumbling and the paint is peeling. There has been no maintenance done on it since the Coast Guard automated it. Seal Point, a “Recognized” lighthouse, is in the same situation.

Another light that will benefit will be Estevan Point, BC. The station is manned, but there has been little work done to prevent the leaking into the lantern room. The Coast Guard is considering removing the 1907 lantern room. Past experience has shown these often do not get reinstalled, but the new Act will guarantee it does.

Congratulations, Canada

Congratulations to Canada’s government for finally recognizing the importance of their maritime history, and thanks to the hardworking lawmakers who endeavored to make this possible. From the Heritage Canada Foundation, Barry MacDonald of the Nova Scotia Lighthouse Preservation Society, states, “It’s wonderful to see all the hard work by so many people finally come to fruition.” The NSLPS has worked on this Act since its inception. Lighthouse News joins in that sentiment.

Photo Credits:

• Peggy’s Cove Lighthouse by rwkphotos. Some rights reserved.
• Cape Sable Lighthouse by kligon on Community Webshots.

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