- The Historical Resources Act empowers The City of Calgary to legally protect historic resources in Calgary.
- Under the terms of the Act, legal protection of private property requires The City to pay compensation for any economic loss arising from the legal protection, or alternatively, a compensation waiver must be signed by the owner.
Legal protection under the Historical Resources Act:
- Does not affect the ability to sell or purchase property
- Does not affect activities in a building or on the property
- Allows the owner to retain all rights to the individual enjoyment of their property
- Means that the historic resource cannot be altered or demolished without consent.
Council approved legal protection (designation) process
The legal process to statutorily designate a site as a Municipal Historic Resource is governed by the Alberta Historical Resources Act, R.S.A. 2000 c. H-9 (the Act) and requires Council to pass a designation Bylaw.
In general, the process requires close collaboration and cooperation between the owner of the historic resource to be designated and City staff.
Step 1 – Determine if the property merits designation as a Municipal Historic Resource.
Any property listed on the Inventory of Evaluated Historic Resources merits designation as a Municipal Historic Resource. If a property is not listed on the Inventory, it must be evaluated by the Calgary Heritage Authority to determine if it merits listing on the Inventory, and consequently merits designation as a Municipal Historic Resource.
Step 2 – Request/authority for Designation
Usually, the request to designate a privately owned property as a Municipal Historic Resource would come from the owner or a legal representative of the owner.
Council may legally initiate statutory designation without the owner’s consent but is bound by the compensation requirements of the Historical Resources Act.
Step 3 – City staff issues a “Notice of Intention to Designate” to owner of the property and notifies all members of City Council.
The historic resource is protected as if it is designated for 120 days after issuance of the “Notice of Intention to Designate” and the Act requires Council to wait 60 days after issuance of the “Notice of Intention to Designate” to the pass a designation Bylaw.
Step 4 – City staff prepares all required Bylaw paperwork including the proposed Bylaw, (including Statement of Significance and Identification of the Regulated Portions), newspaper advertisements, etc.
Step 5 – City Council passes Bylaw to designate property as a Municipal Historic Resource.
Step 6 – City registers designation Bylaw on title of designated property as required by the Act.
Designation by Other Levels of Government