Heritage Lighthouse Protection Act Implementation

May 2010

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Frequently Asked Questions

Issue

On May 29, 2010, the Heritage Lighthouse Protection Act will come into force. The Frequently-Asked Questions below have been prepared to address questions from the public about the declaration of surplus lighthouses and the implementation of the Heritage Lighthouse Protection Act. 

Questions and Answers

Heritage Lighthouse Protection Act

Q. 1 What does heritage designation mean?

A. 1 If a federally-owned lighthouse is designated as a heritage property, it means that it must be maintained in a manner consistent with established conservation standards and, if it is altered, this must be done in accordance with such standards.

Q. 2 Which lighthouses have been identified as being surplus to operational requirements?

A. 2 A list of the lighthouses owned by Fisheries and Oceans Canada that are available for alternate public use may be found on this website at www.dfo-mpo.gc.ca/media/infocus-alaune/2010/02/index-eng.htm. Petitions may be made to the Minister responsible for Parks Canada to have these federally-owned lighthouses designated as heritage lighthouses.

Q. 3 Why has Fisheries and Oceans declared so many lighthouses to be surplus?

A. 3 The Canadian Coast Guard undertook a detailed assessment of all the lighthouses it operates. The structures identified to be surplus under the Heritage Lighthouse Protection Act were those where Canadian Coast Guard officials have determined that they could be replaced with simpler structures whose operation and maintenance would be more cost-effective. Other former lighthouses that are no longer part of Canada’s aids to navigation system have also been identified as surplus, consistent with the Act’s requirement. Under Treasury Board policy, custodial departments are required to divest themselves of surplus properties.

It should be clear that while still active lighthouse structures can be transferred to the public, the actual navigational light will not be transferred and will remain the property of the Department with the Canadian Coast Guard ensuring its continued operation.

Q. 4 Are any of the surplus lighthouses staffed by lightkeepers?

A. 4 No. The lighthouses that are staffed have not been declared surplus and are not candidates for transfer under the Act at this time. The Senate Standing Committee on Fisheries and Oceans is conducting a review of staffed lighthouses. The results of this will be released when the study is complete.

Q. 5 Where are the lighthouses that are being declared surplus located?

A. 5 Lists of all lighthouses, by province, which have been declared surplus is available on the Fisheries and Oceans Canada website at www.dfo-mpo.gc.ca/media/infocus-alaune/2010/02/index-eng.htm. Many surplus lighthouses are located close to populated areas.

Q. 6 Where can information be obtained about particular lighthouses that have been declared surplus?

A. 6 The list of surplus lighthouses includes, where possible, the associated Identification Number on the Directory of Federal Real Property (DFRP).  The DFRP may be accessed at http://www.tbs-sct.gc.ca/dfrp-rbif/home-accueil-eng.aspx. It contains baseline information for most properties as well as information about departmental resource persons who can respond to more detailed inquiries.

Q. 7 Who can petition to have lighthouses designated as heritage properties?

A. 7 Individuals, municipalities or community-based non-profit groups can seek heritage designations for lighthouses by forwarding a petition to the Minister responsible for Parks Canada, within two years after the coming into force of the Heritage Lighthouse Protection Act. The petition must be signed by at least 25 persons who are resident in Canada and who are 18 years of age or older.

Q. 8 What is involved in presenting a petition in relation to a “surplus” lighthouse?

A. 8 Although all petitions for surplus lighthouses will be evaluated by Parks Canada, a written commitment to acquire and protect a surplus lighthouse must be received in order for it to be eligible for designation.  In proposing heritage designation for surplus lighthouses, petitioners may choose to acquire the surplus lighthouse, or it may be another person or body that assumes ownership.

Q. 9 What is the process to be followed by individuals or groups interested in acquiring a surplus lighthouse that is owned by Fisheries and Oceans Canada?

A. 9 Parks Canada Agency (PCA) is responsible for administering the petitioning process for surplus lighthouses.  For further information please refer the PCA website at http://www.pc.gc.ca/eng/progs/lhn-nhs/pp-hl/index.aspx

Q. 10 Will Fisheries and Oceans Canada be doing any needed repairs prior to transferring surplus lighthouses to private organizations or providing any funds to such organizations for required repairs?

A. 10 There is no source of supplementary funding identified in the Heritage Lighthouse Protection Act to restore the condition of designated lighthouses.  The Department may consider applications on a case-by-case basis for minor site and building improvements during the transfer process for surplus lighthouses.

Q. 11 What are the ongoing responsibilities that must be fulfilled by a group if it takes ownership of a heritage lighthouse designated under the Act?

A. 11 The Act requires that any sale must provide for the protection of the heritage character of the designated lighthouse. For example, this could include legally binding provisions in the sale transaction to maintain the lighthouse to a standard in keeping with the spirit and intent of the Act.

Should the lighthouse contain an aid to navigation that will remain operational, the new owner would be required to enter into an agreement with the Canadian Coast Guard at Fisheries and Oceans Canada regarding the maintenance and operation of the aid or access to the site for such purposes.

Q. 12 How can individuals or groups maintain lighthouses that have been designated as heritage properties?

A. 12 Complementary uses such as for a restaurant or a museum could be permitted at lighthouse sites in order to generate revenue to cover maintenance costs.  There are also several private and public organizations with mandates for heritage preservation, tourism or economic development that may have programs that could assist potential owners.

Q. 13 What kind of assistance will Fisheries and Oceans Canada provide to individuals and organizations that are interested in submitting petitions for designation of heritage status and for acquisition of surplus lighthouses?

A. 13 The Department will identify a contact person in each of its six regions to assist petitioning groups during the evaluation process.  A generic business case template has been developed to assist those groups proposing to acquire ownership of surplus lighthouse sites.  The business case template may be accessed on the Department’s website at www.dfo-mpo.gc.ca/media/infocus-alaune/2010/02/lighthouse-phare-guide-eng.htm.

Q. 14 If a surplus lighthouse is declared to be a heritage property and there is no private organization that is able to take it over, what will happen to the property?

A. 14 Under with the Heritage Lighthouse Protection Act, a surplus lighthouse can not be designated a heritage property without a written commitment to acquire ownership.  If such a commitment is not received, the lighthouse will not be designated under the Act and it will remain in Fisheries and Oceans Canada’s real estate holdings.

Q. 15 Can an individual, a municipality or a community-based non-profit group apply for heritage designation of a lighthouse without applying to acquire ownership?

A. 15 Yes. Under the Heritage Lighthouse Protection Act the Minister of Parks Canada is required to consider for designation every lighthouse for which he/she receives a petition.  However, surplus lighthouses can not be designated under the Act without a written commitment from a person or body to acquire ownership.

Q. 16 Can an individual or an organization acquire ownership of a surplus lighthouse under the Heritage Lighthouse Protection Act, without submitting a petition for it to be designated as a heritage property?

A. 16 No. Under the Heritage Lighthouse Protection Act, an individual, a municipality or a community-based non-profit group can not acquire ownership of a surplus lighthouse without submitting a petition for it to be designated as a heritage property.

However, the regular lighthouse divestiture program is still an option for those wishing to acquire a surplus lighthouse outside of the Heritage Lighthouse Protection Act. Currently, and for the past 15 years, this program has focused on transfers to community-based interests for heritage preservation purposes.

Q. 17 Can an individual, a municipality or a community-based non-profit group make use a surplus lighthouse without owning it?

A. 17 Yes.  DFO can enter into leases or licensing agreements with individuals, municipalities or community-based non-profit groups which would permit a lighthouse site to be used for alternate purposes.  However, given that Treasury Board policy requires that custodial departments divest themselves of surplus properties, such an agreement could be terminated by an eventual transfer of ownership, if a property were to be declared surplus.