Historic Places of Canada Act

An Act respecting places, persons and events of national historic significance or national interest, archaeological resources and cultural and natural heritage

Sponsor

Status

Second reading (House), as of March 21, 2023

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-23.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment enacts the Historic Places of Canada Act , which provides for the designation of places, persons and events that are of national historic significance or national interest and fosters the protection and conservation of the heritage value of the designated places.
The Act, among other things,
(a) sets out the powers, duties and functions of the federal minister responsible for the Act respecting, among other things,
(i) the designation of places, persons and events that are of national historic significance or national interest,
(ii) the protection and conservation of the heritage value of certain places that are of national historic significance or national interest,
(iii) the protection and conservation of certain archaeological resources,
(iv) the implementation of the Convention Concerning the Protection of the World Cultural and Natural Heritage, and
(v) the establishment of a program for the commemoration of deceased prime ministers of Canada at their grave sites or other appropriate places;
(b) continues the Historic Sites and Monuments Board of Canada and modifies its composition, including to provide for the appointment of representatives for First Nations, Inuit and Métis;
(c) requires the establishment and maintenance of a public register that includes certain information about designated places, persons and events and permits the exclusion of information from the register in certain circumstances;
(d) imposes obligations for the protection and conservation of the heritage value of certain designated places that are under the administration of federal ministers or certain Crown corporations, including
(i) the obligation to ensure that the Standards and Guidelines for the Conservation of Historic Places in Canada is taken into account before an action is carried out that may result in a physical change to one of those designated places that may affect its heritage value, and
(ii) the obligation to consult with the Parks Canada Agency before that action is carried out and before the disposition of one of those designated places;
(e) contains provisions respecting navigation on certain canals that are designated places;
(f) authorizes the Governor in Council to make regulations respecting certain designated places; and
(g) contains provisions respecting the enforcement of the Act.
The Act also contains transitional provisions, makes related and consequential amendments to other Acts and repeals the Historic Sites and Monuments Act .

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Historic Places of Canada ActGovernment Orders

December 2nd, 2022 / 1:10 p.m.


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Bloc

Christine Normandin Bloc Saint-Jean, QC

Mr. Speaker, I thank my colleague for his speech.

We just heard him say that we need to remember the darker moments in our history. Sometimes, there is some degree of politicization involved when we want to protect something. We were talking about workers' rights in the case of the Rossland Miner's Union Hall. It took time for funding to be granted to protect and promote it.

In the future, should we not find a way, if not in this bill then in another, to ensure that there is no politicization of the historic sites we want to protect, so that all sites are protected, not just certain ones depending on which party is in government?

Historic Places of Canada ActGovernment Orders

December 2nd, 2022 / 1:10 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, again, I would agree with the member for Saint-Jean that we have to remember these incidents and events in our history.

The Miners' Union Hall represents the growth of labour relations in a Canada that was a very dark place in the 1800s, when those miners first came to Rossland. They made it a better place. That history must and should be known and celebrated. Whether things will change in the future around that or any of these other places and events, these historic sites and places should be marked and maintained so that we can learn about them.

In the future, I do not know how any of these might be politicized. We see some of that happening now, especially with statues and things like that. However, we must know and remember our history, so that we are not doomed to repeat it.

Historic Places of Canada ActGovernment Orders

December 2nd, 2022 / 1:15 p.m.


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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, Chief Ken Watts waamiiš from Tseshaht First Nation, one of the Nuu-chah-nulth nations, has been advocating for funding directly to first nations, to enable their museums to repatriate artifacts and honour their culture. There is lore and there are stories and oral histories in those intellectual artifacts.

Could the member speak about how important it is to get those resources to those nations as part of reconciliation?

Historic Places of Canada ActGovernment Orders

December 2nd, 2022 / 1:15 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, I totally agree. The Osoyoos Indian Band, which I mentioned, are a prime example of that. They have built the Nk’Mip Desert Cultural Centre, which does exactly that. I am very proud of that centre being in my riding.

Historic Places of Canada ActGovernment Orders

December 2nd, 2022 / 1:15 p.m.


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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I rise today with fond memories, having attended Ataguttaaluk High School in Igloolik in my riding. I send out a special thanks to the Igloolik District Education Authority, Igloolik elders, Nunavut Research Institute, the late Graham Rowley, Susan Rowley, Carolyn MacDonald and John MacDonald. These amazing groups and individuals delivered an archaeology credit course that contributed to my high school diploma. I share my speech today, realizing how investments for youth can have lasting impacts. Qujalivakka. I am so grateful to them.

Bill C-23, an act respecting places, persons and events of national historic significance or national interest, archaeological resources and cultural and natural heritage is of particular importance to indigenous peoples in Canada.

I am glad to see, in Bill C-23, that roles are provided for indigenous peoples in determining historic places. It is great to see that the bill responds to the Truth and Reconciliation Commission's call to action 79. Specifically, the bill would add three members to the Historic Sites and Monuments Board, from first nations, Métis and Inuit groups. In addition, it would compel Parks Canada to incorporate indigenous knowledge into the designation and commemoration of historic sites.

Unfortunately, what the bill would do is not enough. The Truth and Reconciliation Commission's calls to action set a framework, and this framework should have been used in ensuring a better legislation.

The TRC call to action 79 specifically reads:

We call upon the federal government, in collaboration with Survivors, Aboriginal organizations, and the arts community, to develop a reconciliation framework for Canadian heritage and commemoration. This would include, but not be limited to:

i. Amending the Historic Sites and Monuments Act to include First Nations, Inuit, and Métis representation on the Historic Sites and Monuments Board of Canada and its Secretariat.

ii. Revising the policies, criteria, and practices of the National Program of Historical Commemoration to integrate Indigenous history, heritage values, and memory practices into Canada’s national heritage and history.

iii. Developing and implementing a national heritage plan and strategy for commemorating residential school sites, the history and legacy of residential schools, and the contributions of Aboriginal peoples to Canada’s history.

In 2017, the National Centre for Truth and Reconciliation raised concerns about the state of conservation of the 17 remaining residential schools and said it was urgent for the government to respond to call to action 79. It is unclear to me what has happened since 2017, and whether this bill addresses those concerns.

The Standing Committee on Environment and Sustainable Development's 2017 report entitled “Preserving Canada’s Heritage: The Foundation For Tomorrow” provided clear recommendations, which I will speak to in more detail later.

During its study, the Standing Committee on Environment and Sustainable Development learned that Canada is the only G7 country that has not passed legislation to protect historic places and archaeological resources under its jurisdiction. Unfortunately, alongside many other recommendations not implemented by this government and previous governments, this is not a new recommendation. In 2003, the Office of the Auditor General of Canada also recommended that the federal government strengthen the legal framework built for heritage in Canada.

The committee I mentioned earlier examined the issue of preserving indigenous heritage places. Unsurprisingly, the committee found that indigenous peoples define their heritage in a more holistic manner than the western model. As a result, solutions currently used to protect heritage places must be adapted in order to preserve indigenous heritage places.

The committee amplified the need to implement TRC calls to action 72 to 75, which create the process to commemorate the indigenous children who never returned to their families. Canada’s heritage includes genocide of indigenous peoples. As such, incorporating these calls to action is just as important as implementing call to action number 79. Indigenous peoples should be able to protect their own heritage. Indigenous-led heritage would involve coordination among communities, elders and knowledge keepers.

I will conclude by entering into the record recommendation 17 from the committee's report.

Recommendation 17 of the report also recommended that:

The Historic Sites and Monuments Board of Canada revise the policies, criteria, and practices of the National Program of Historical Commemoration to integrate Indigenous history, heritage values, and memory practices into Canada’s national heritage and history.

Parks Canada develop and implement a national heritage plan and strategy for commemorating and, where appropriate, conserving residential school sites, the history and legacy of residential schools, and the contributions of Indigenous peoples to Canada’s history.

The federal government, in collaboration with Residential School Survivors, commission and install a publicly accessible, highly visible, Residential Schools National Monument in the city of Ottawa to honour Survivors and all the children who were lost to their families and communities.

Historic Places of Canada ActGovernment Orders

December 2nd, 2022 / 1:20 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, one of the important aspects that maybe has not been noted strongly enough is that within this legislation there would be a response to the Truth and Reconciliation Commission's calls to action, and the member is so correct in terms of the general assessment in regard to the importance of reconciliation. It is important to recognize that this legislation could go a long way, in terms of ensuring there is a great deal of truth that needs to be said. Protecting and encouraging that particular industry would be healthy for all of us.

I am wondering if she could just provide her thoughts in regard to that educational component.

Historic Places of Canada ActGovernment Orders

December 2nd, 2022 / 1:25 p.m.


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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I do recognize that TRC call to action 79 would be implemented, but there are also calls to action 72 to 75, which would not be implemented. Given Canada's heritage of genocide against indigenous peoples and trying to hide for years that indigenous children were buried and have grave sites next to residential schools, this needs to be part of that education. It would help to make sure more Canadians understand why it is so important for reconciliation to happen in this time.

Historic Places of Canada ActGovernment Orders

December 2nd, 2022 / 1:25 p.m.


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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, I thank the member for Nunavut for her speech.

I hope she will forgive me if I misunderstood something. My question has to do with a point she mentioned that I thought was a somewhat intangible piece of first nations heritage. One of the things she mentioned was genocide, which she seemed to want to add to the current bill. However, as I understand it, the bill is more about physical sites that are owned by Parks Canada and other organizations.

I would like to know if I understood her correctly. Does the member want to broaden the scope of the current bill to cover a more intangible form of heritage? Should that be addressed in a different bill? I would like to hear her comments on this possible distinction, and I would like to know whether I have understood the essence of what she is saying.

Historic Places of Canada ActGovernment Orders

December 2nd, 2022 / 1:25 p.m.


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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, as mentioned in the committee's report in 2017, indigenous peoples do have a different way of interpreting heritage, and it is not just about physical locations or monuments. It is one thing to ensure that indigenous people are added to the membership of boards. There will need to be more to make sure that indigenous heritage is actually incorporated in all of Canada's heritage.

Historic Places of Canada ActGovernment Orders

December 2nd, 2022 / 1:25 p.m.


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NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, going back to some of the recommendations by the fine member of Parliament for Nunavut, and certainly brought up by the Bloc, we have different understandings of what a monument is. One of the improvements that can be made to the bill is ensuring it reflects greater diversity in our understandings, even of what “physical” is: inanimate and animate objects.

Can my hon. colleague please respond to that recommendation?

Historic Places of Canada ActGovernment Orders

December 2nd, 2022 / 1:25 p.m.


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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, that is a huge question. I remember being taught by Professor John Borrows, who is an amazing legal scholar. I hope the people in Parliament look up John Borrows and the great work he does. He talks about indigenous laws and how animate and inanimate laws are also monuments. Stuff like that should be incorporated into this kind of legislation.

Historic Places of Canada ActGovernment Orders

December 2nd, 2022 / 1:25 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, what a great way this is to wind down government business at the end of the week.

Once again, we have before us legislation of a substantial nature, which says a lot about how important our heritage is as a nation. We have an infrastructure in that regard from coast to coast to coast, and it is important that we recognize our history. Whether they are parks, monuments or whatever they may be, they speak a great deal not only for our current generation but for future generations.

I will wait for the next time the bill is called to conclude my remarks.

The House resumed from December 2, 2022, consideration of the motion that Bill C-23, An Act respecting places, persons and events of national historic significance or national interest, archaeological resources and cultural and natural heritage, be read the second time and referred to a committee.

Historic Places of Canada ActGovernment Orders

March 21st, 2023 / 1:05 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is a pleasure to rise to talk about legislation that all members of the House should get onside with and support.

Bill C-23 is all about people, places, our history and our heritage. When I think about our heritage, a flood of things come to mind about our Canadian identity. It was not that long ago that we were talking about the $198-billion, 10-year health agreement between the national government and all the different provinces. I remember saying that our health care system was at the very core of what it meant to be a Canadian.

We can talk about a policy of that nature or about Canada's rich diversity, which is second to no other country in the world. In fact, I often have had the opportunity to talk about that diversity when I have gone to a multitude of different types of events whether in Winnipeg North or outside it.

We often hear that one of Canada's greatest assets is our diversity. Our heritage is changing everyday through people and the things we do as a society. Compare our values today to what they would have been 30 years ago with respect to diversity and the way in which we approach a wide variety of different areas.

When we a look at Bill C-23, one cannot help but reflect on a private member's bill that was passed through the House a couple of years back. It went through second and third reading. It ultimately went to the Senate, but unfortunately it died in the Senate. It was a private member's bill, Bill C-374, which was introduced by my friend and colleague, the member for Cloverdale—Langley City, a man who is very passionate about our heritage and our parks. I believe that legislation received unanimous support in the House of Commons prior to going to the Senate. That legislation was not word for word to this legislation. In fact, there is a significant difference between what we have before us today and ultimately what passed through the House unanimously but died in the Senate.

The principle of the importance of our historic places, people and acts is something we have to ensure we preserve. Bill C-23 is all about that. That is why I hope that at the end of the day all members will support it.

I did not know about the number of canals in Canada. Why is that important? There are nine historic canals listed in the bill, such as the Rideau Canal, Trent-Severn Waterway, the Sault Ste. Marie Canal. The canal that really made me reflect upon is in the province of Quebec, the Saint-Ours Canal. My ancestry, a few generations back, came from that area. I suspect that some of my family might have even historically been a part of that. The bill goes on to list the canals, whether in Ontario, Quebec or Nova Scotia, and the important role they play. It gives specific directions.

I use the canals as an example because if we look at what the legislation would do, it would establish a very strong framework to deal with something that should be important to all of us.

The designation of a place, person or event in Canada is something we should all take an active interest in. That is what I like about the legislation. I believe passing this legislation will put us at par with and maybe even better than some other jurisdictions. As the member for Cloverdale—Langley City pointed out to members a couple of years back, it is warranted and necessary, and I am glad the department has made it a priority to such a degree that we are now debating it after it was introduced the other day. I hope members see fit to support the legislation so it can go to committee and hopefully receive some sort of passage. Let us get it back into the Senate, hopefully before the end of the year, because as I said, while it is not identical to Bill C-374, it sure did receive a great deal of support.

When I think of the legislation, there are certain parts that are worthy for me to reference. The Truth and Reconciliation Commission is something that many members of the House of Commons and I hold very dear. We want to see action on the calls to action. Over the last number of years, we have seen many calls acted on by this government, whether through statutory holidays or the language legislation. Many different calls to action have been acted on, and within this legislation we are seeing call to action number 79.

It is gratifying, but at the end of the day, it is hard to believe we need to put this into legislation. I think this should have been automatic many, many years ago, and perhaps decades ago. This legislation would ultimately put into place a guarantee of indigenous representation on the Historic Sites and Monuments Board of Canada, for example. This is a board that helps portray Canada's history and where we have come from. How can one not incorporate call to action number 79? I am glad to see it has been incorporated into the legislation. I am also glad to see it note that when a board is looking at some form of designation, it would need to take into consideration indigenous knowledge so we ensure there is a fairer reflection of our history.

I want to give a tangible example that I think has made a profoundly positive difference in the city of Winnipeg. In the city of Winnipeg, we have what we call The Forks, where the Red River and the Assiniboine River come together. There are some historic buildings there. There is the Via Rail station, which is such a wonderful heritage building where often someone can get their citizenship court ceremony. There is also what used to be freight type buildings. At one time, The Forks was a rail yard and there was very limited access to the Red and Assiniboine rivers.

What we had was different levels of government recognizing the heritage within The Forks and investing millions of dollars to convert The Forks into what it is today. They took heritage buildings and converted them to have a modern use while preserving their heritage. We can take a look at the walkways along both the Red River and the Assiniboine River and the value they have added to the city of Winnipeg. Today, it is the most visited spot in the province of Manitoba. I heard a while back there are close to two million visits a year at The Forks, and there is a very important educational component to it for children and adults alike as it continues to evolve.

Prior to this investment and recognition, we might have had virtually no people going down to The Forks. Compared that to what it is today, and ultimately there is no comparison. There is no comparison because at one point in time it was hidden away from the residents of Winnipeg and those who were visiting our city, whereas today it is recognized as one of our shining attractions. If anyone is going to Winnipeg, they have to check out The Forks. It is an area that Winnipeggers are very proud of.

We can talk about downtown Winnipeg, or we can go into rural communities, where there is Riding Mountain National Park. If we were to check with some of my Conservative colleagues from the rural northern area, we would find they are very proud of Riding Mountain National Park, the many things it has to offer and the museums located in many different communities.

What is important, I believe, is that within the legislation, there are mechanisms that would enable anyone to ultimately make a suggestion about and bring forward what they believe should be recognized. It is therefore not just top-down. It is something that allows anyone in our communities to suggest any individual, an example for me being Louis Riel from Manitoba; place, like The Forks, as I highlighted as an example; or event. One could talk about the occurrence that took place in Upper Fort Garry many years ago or what was taking place in Lower Fort Garry, all of which are examples in Manitoba of things that could be recommended in hopes they are accepted.

I talked about the fact that this legislation would put into place a very strong framework, and through it and complemented by regulations, we would see criteria. There is no doubt that we all have personal opinions on what we think should be recognized from a national historical perspective; we all have our personal thoughts on that. However, we need to establish criteria.

First and foremost, I would say that within the legislation, anyone could come up with their thoughts on a person, place or event, and recommend or suggest that it be recognized. The criteria and eligibility would likely restrict a number of those thoughts and ideas, at least possibly in the short term, but at the end of the day, we have an excellent organization in the Historic Sites and Monuments Board of Canada.

With respect to issues of transparency and sustainability and the issue of reconciliation, we have a board in place to protect the interests of Canadians in preserving the important things that we hold dear as part of our Canadian identity. As I mentioned, the legislation would mandate full participation from indigenous community members, along with provinces, which have been there in the past, and a few others. At the end of the day, this is the group of individuals who would ultimately provide recommendations and assist in drawing conclusions.

One thing I did not make reference to is heritage buildings. We have beautiful heritage buildings across our country, and I made reference to a couple of them in my example of The Forks. I am promoting The Forks today, as members can tell. There are federal buildings throughout the country that have played some historical significance.

I think of Pier 21 in Halifax. I remember having a tour of that facility. We get a sense of pride from it, as it is a part of our Canadian identity. Immigration today is so critically important to our country, as it has been in our past, and Pier 21 amplifies that.

Let us look at what has been done to the building. Obviously, if we had a picture that is hundreds of years old, it would look quite different from what it looks like today. However, because of intergovernmental investments and many volunteers who recognized the true intrinsic value of Pier 21, when walking through it today, we see a modernized facility that preserves and protects the heritage of the building itself. That is something we should be encouraging.

Not only does this protect our history and preserve it for future generations, but it also creates jobs. Through alternative uses, it brings people into the facility so they can learn more about our heritage. It becomes an attraction. If we talk to the Minister of Tourism, no matter where he is in Canada, he is talking about how wonderful our tourism opportunities are. We underestimate just how important our heritage can be in promoting tourism. It is used as a magnet for tourism.

If people look at the legislation, they will see it is not controversial. It is legislation that should be universally supported by all members, as we saw when the member for Cloverdale—Langley City brought in Bill C-374 a couple of years back and received unanimous consent. I hope my colleagues in the Conservative Party will recognize that and not want to filibuster this particular bill. Hopefully we will even see it get royal assent before the end of the year. How nice that would be.

Historic Places of Canada ActGovernment Orders

March 21st, 2023 / 1:25 p.m.


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The Deputy Speaker Chris d'Entremont

I am really impressed that the hon. member was talking about the canals in Nova Scotia. The historic Shubenacadie Canal was on the list.

Questions and comments, the hon. member for Dufferin—Caledon.