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Saved/Successes
Preservation
stories don't always have bleak endings. Individual and/or community
efforts often result in successful outcomes.
Act to Protect Heritage Lighthouses passed into Law – Backgrounder
New Bylaw Protects Banting Homestead
Designation Victory for Two Lakeshore Churches
Future Shaping Up for Saskatchewan’s Endangered Bell Barn
Background to Bill S-215,
An Act to protect heritage lighthouses

Cape Sable Lighthouse, N.S.
Photo: Chris Mills
Introduction:
Canada’s built heritage is the most vivid physical representations of the country’s cultural heritage. Lighthouses, like railway stations, have a special significance to Canadians. They are iconic structures. Many have significant architecture. But their importance stems more from their role in Canadian history. Often standing in relative isolation on islands or headlands, they are important artefacts of Canada’s maritime history. Many lighthouses have been guiding fishermen and mariners to port since the age of sail, and they stand as a testament to the tragedies throughout history that have befallen thousands of Canadian fishermen and mariners who, due to harsh conditions of climate, coast, and sea, were unable to bring their vessels to port.
The purpose of the new Heritage Lighthouse Legislation:
The new Act to Protect Heritage Lighthouses:
- Provides a means for the selection and designation of federal heritage lighthouses;
- Prevents the unauthorized alteration of federal heritage lighthouses;
- Requires that designated federal heritage lighthouses be maintained in a manner consistent with accepted conservation standards;
- Facilitates the sale or transfer of federal heritage lighthouses in order to ensure the lighthouses’ public purpose.
Significant features of the legislation:
- 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.
What Happens Next:
Timetable for the implementation of the legislation
- 2008 – Bill gets Royal Ascent
- 2010 – Coming into Force of legislation
- 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
Next Steps
The legislation will come into force in two years in order to enable Parks Canada to develop the criteria for heritage designation, with the assistance of an advisory council, for approval of the Minister of the Environment.
Communities will have a further two years to petition the Minister for heritage designation and to propose community uses for any building surplus to DFO operational requirements.
Why an Act to protect Canada’s heritage lighthouses is needed:
All provincial and territorial jurisdictions and, by delegated authority, all municipal governments in Canada have binding heritage statutes and related legal measures, such as covenants and easements, to protect and guide the management of heritage property. Within the federal jurisdiction, only railways stations and now lighthouses are subject to such binding legislation.
This type of federal legislation has proven to be a highly effective tool for preserving heritage buildings. Prior to the Heritage Railway Stations Protection Act, the Government of Canada recognized only six heritage railway stations in the entire country through the Historic Sites and Monuments Board of Canada, and even these had no legal protection. Today, 166 heritage railway stations have been designated by the federal government. An exact parallel exists with heritage lighthouses.
The decline of the Canadian lighthouse can be traced back to its automation, which began in the 1970s. At the time, the federal Department of Fisheries and Oceans deemed many older structures too expensive to maintain. Sadly, dozens of lighthouses, keepers’ dwellings and ancillary buildings were torn down, burned, vandalized, or sold and moved off lightstation property.

L. to R.: Chris Wiebe (HCF), Barry MacDonald (NSLPS), Peter Stoffer
(Sackville-Eastern Shore, NS), Natalie Bull (HCF), Peter Noreau (Corporation des
gestionnaires de phares de l'estuaire et du golfe du Saint-Laurent), Gerry Byrne
(Humber-St.Barbe-Baie Verte, NF), David Bradley (Association of Heritage
Industries of Newfoundland and Labrador), Gerald Keddy (South Shore-St.
Margaret’s, NS), Todd Russell (Labrador) and Bill Matthews
(Random-Burin-St.George’s, NF) after presentations were made to the Standing
Committee on Fisheries and Oceans, Ottawa, April 3, 2008.
The move toward using GPS in the 1980s—along with deepening budget cuts to the Canadian Coast Guard—resulted in many other stations being downgraded, their lights reduced in intensity and foghorns turned off. These changes have meant that too many existing lightstations receive minimal maintenance, leaving historically significant structures literally falling apart.
Presently, surplus lighthouse properties are subject to the Real Properties Act, making it very difficult for communities to take over and maintain lighthouse structures and sites, and virtually guaranteeing their sale for private development.
During the months preceding the passing of the bill, Canadians from across the country took the time to make presentations to the federal Standing Committee on Fisheries and Oceans on the need for legislation to protect heritage lighthouses.
According to the Department of Fisheries and Oceans, there are roughly 750 structures that could be defined as lighthouses, but within that number, about 246 or 250 are lighthouses in the “postcard” sense of the word. The others are defined as “navigational aids” that do meet the broader definition of lighthouse.
In Canada, only 22 lighthouses have the highest level of federal heritage protection [see Federal Heritage Buildings Review Office (FHBRO) list of Recognized and Classified heritage lighthouses (PDF) ] and even this does not provide complete protection. Yet, in the United States, almost 70 percent of lighthouses older than 50 years have protection under the National Register of Historic Places.
What were the weaknesses of previous federal policies on heritage lighthouses?
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 a federal custodial body.
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.
Prior to this new heritage lighthouse legislation, the Minister of Fisheries and Oceans had no explicit mandate to preserve and manage heritage resources. The federal government has designated the Minister of the Environment to serve that role. If a lighthouse is designated as a federal heritage building, DFO must consult with FHBRO – though this is not mandatory. Current disposal practice according to the Treasury Board Guide to the Management of Real Property requires the Government to make “best efforts” toward protection, but does not make a covenant or other form or statutory protection a condition of sale.
Prior to the enactment of this new legislation there was no requirement that heritage lighthouses be reasonably maintained. With the de-staffing of many lighthouses in recent years buildings were closed up and abandoned resulting in dampness-based mould and rot leaving them liable to vandalism.
History of Canadian Lighthouse legislation

L. to R.: Barry MacDonald (Nova Scotia Lighthouse Preservation Society), Senator
Pat Carney, Senator Lowell Murray, Chris Wiebe and Carolyn Quinn of the Heritage
Canada Foundation meeting to discuss progress of lighthouse bill, Ottawa, February
28, 2008.
Heritage lighthouse legislation has been almost ten years in the making. A Private Member’s bill that originated in the Senate to protect heritage lighthouses was first introduced in April of 2000 as Bill S-21, and subsequently as Bill S-43 (May 2002), Bill S-7 (October 2002), Bill S-5 (February 2004), Bill S-14 (October 2004), Bill S-220 (October 2006), and finally Bill S-215 (October 2007).
This legislation originated in 2000 with Senator Michael Forrestall of Nova Scotia. Senator Pat Carney of British Columbia worked with Senator Forestall to have this legislation enacted, until his death in June of 2006 and reintroduced the Bill as S-220 in October 2006. On May 7, 2008, Bill S-215 received 3rd reading in the Senate and passed on for Royal Assent.
Current examples of lighthouses in need of attention
Cape Sable Lighthouse, Nova Scotia

Seal Island Lighthouse, N.S.
Photo: Barry MacDonald
A lighthouse was first established on Cape Sable Island in 1861. It was a wooden, octagonal structure, 50 feet in height. This lighthouse was replaced in 1924 by the present “classic” design, concrete structure which at 101 feet is Nova Scotia’s tallest lighthouse. This lighthouse is one of only two in Nova Scotia to be given “Classified” status under FHBRO. Very little maintenance has been performed, despite strong recommendations from local residents: it is devoid of paint and its concrete is crumbling.
Seal Island Lighthouse, Nova Scotia
Built in 1830, this pre-Confederation lighthouse is the second oldest octagonal, wooden lighthouse in Canada. The lighthouse is a “Recognized” structure under FHBRO. This lighthouse has had little maintenance since de-staffing in 1990 and is deteriorating rapidly.
Estevan Point, British Columbia
This lighthouse is of particular historical significance, having been designed by Canadian architect, Col. William P. Anderson. It is a fine example of his “flying-buttress” towers which he designed for the Department of Marine and Fisheries in the early part of the 20th century. This lighthouse towers 127 ft. (from base to weathervane) and is surmounted by a classic “Chance Brothers” lantern room. Built in 1907, it is still one of British Columbia’s manned lightstations.
Due to problems with water leakage to the lantern room, several options are apparently being examined by Coast Guard maintenance. One of these options involves removal of the lantern room from the lighthouse for repairs. It has been the experience, in the Maritime region at least, that once these lantern rooms are removed, they do not get re-installed. A case in point is Devil’s Island, at the entrance to Halifax harbour, where the lantern room was removed, the gallery deck sealed and a solar panel and optic installed in its place. The lantern room now lies, in pieces, beside the lighthouse.
Presentations to the House of Commons Standing Committee on Fisheries and Oceans (FOPO), April 3, 2008:
For further information contact:
Carolyn Quinn, Director of Communications, Heritage Canada Foundation
613-237-1066 ext. 229; Cell: 613-797-7206
cquinn@heritagecanada.org
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New Bylaw Protects Banting Homestead
The 100-acre birthplace and family farm of Sir
Frederick Banting became a cultural heritage
site on November 13 after New Tecumseth town
councillors passed a bylaw enacting its designation.
The small Ontario municipality must now
approve any alterations to the property.
“This is a wonderful step in the right direction,”
said Peter Banting, a descendant of Sir Frederick,
the co-discoverer of insulin.
Mayor Mike MacEachern said the bylaw would
help ensure the “community can always look to
the Banting farm as a place where the history of
Frederick Banting began. But it is only the beginning
of finally ensuring that the property is restored
and is a fitting tribute to Dr. Banting’s legacy.”
Edward Banting bequeathed the Banting homestead
to the Ontario Historical Society in 1999.
As the OHS isn’t in the practice of preserving historic
properties, the Ontario Historical Society
Foundation (OHSF) was created to hold it.
The fight to preserve the Banting homestead was
launched three years ago. It has drawn support
from across the globe and made its way into
Parliament and the Ontario Legislature.
The issue of its designation was appealed to
the Ontario Conservation Review Board by the
OHSF. OHS president Chris Oslund said his
group was in an “awkward” position, being that
it is strange for a historical society to object to
land being designated as heritage and instead
selling it to a developer. He said the decision
came after years of deliberation and discussion
amongst the board.
Solmar Developments, who has a purchase
agreement with the OHSF, proposed protecting
4.7 acres of the farmstead, leaving the remainder
open for development.
At the hearing in September, the town successfully
argued the cultural and historical significance
of the entire 100-acre site, and the review
board ruled in favour of the designation.
“The whole farm does have an association with
Frederick Banting because he did live there as a
child and he did return there as an adult,” said
Julie Harris, president of Contentworks, an Ottawabased
company specializing in cultural resource
policy and historical research hired to provide an
independent heritage assessment of the site.
“A farm landscape without fields is no longer a
farm,” she noted.
Alliston Herald, Ont., 11/11/07, 11/13/07 and
09/17/07; New Tecumseth Free Press online,
11/13/07.
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Designation Victory for Two Lakeshore Churches
For more than
seven often
contentious
years, Save Our
Sanctuaries (SOS)-
Églises group of
southwestern
Ontario has
fought to save two
threatened century-
old village
churches. In 2005,
St. Joachim Church was included on the Heritage
Canada Foundation’s Top 10 List of Endangered
Places (Héritage, Winter 2005).
Persistence has paid off! In late September the
town of Lakeshore agreed to fully designate the
two Catholic churches—Annonciation in Stoney
Point and St. Joachim. The province’s Conservation
Review Board advised the town to designate both.
“To not designate these churches would be a
cultural and heritage crime,” said Councillor
Paddy Byrne at the September council meeting.
He spoke against the recommendation of chief
administrative officer Mike Phipps to only designate
the belfry and spire of St. Joachim Church.
“It’s one beautiful creation,” he said. “You can’t
pick and choose.”
The review board agreed with SOS-Églises and
the Windsor branch of the Architectural Conservancy
of Ontario that a “partial designation fails to
recognize the historical and cultural significance
of the St. Joachim church property,” and said the
town “should reconsider this position.”
Pat Malicki, Windsor ACO president, said “It
means that we’ve been right all along. We knew
these were important buildings.”
Still, it is not quite over yet. The Diocese has the
option of appealing the decision to the Ontario
Municipal Board.
According to the SOS-Églises website, the church
buildings are “the cultural and architectural
centres of two French-Canadian communities in
southwestern Ontario. They are part of a diminishing
visual legacy of a 300-year-old community
that traces its origins to the foundation of Fort
Pontchartrain in New France in 1701.”
Annonciation Church, built in 1905 at Stoney
Point, has a twin in Bécancour, Quebec. Both
were designed by church architect Louis Caron
of Nicolet in Quebec. The Bécancour church was
declared a historic monument in 1962.
St. Joachim was designed and built in 1882 by
town parishioners. Of vernacular inspiration, it
has a simple Romanesque style with details borrowed
from other churches from the region and
from Quebec. Barn-building techniques were
used in its design, and the main beams were
made from nearby 300-year-old trees.
A consultant’s recommendation that fast-growing
Lakeshore needs one or two new libraries has
raised hope of a possible use for the 126-year-old
church. Mayor Tom Bain said that while council
has not yet reviewed the library expansion
proposals, the St. Joachim church building could
be an option. One drawback is that the cost of
renovation is likely to be significant given the
church’s deteriorated state.
The St. Joachim Church “would make a beautiful
library,” agreed André Chenier of the SOSÉglises
group. He said that historical designation
would make it easier to find support from
national and provincial bodies like the Ontario
Heritage Trust.
The Windsor Star, Windsor, Ont., 08/31/07,
09/17/07, 09/22/07, 09/26/07; SOS-Églises
www.soseglises.com.
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Future Shaping Up for Saskatchewan’s Endangered Bell Barn
Last February, the Heritage Canada Foundation included the historic Bell Barn of Indian Head, Saskatchewan, on its Top Ten Most Endangered Places list. Ravaged by harsh weather and years of neglect, the unique round fieldstone barn’s future was turning to rubble.
Built in 1882 by Major William Bell, the barn is one
of Saskatchewan’s oldest agricultural buildings. The
20-metre-diameter round barn was built with evenly spaced gun ports around its circumference and a central silo that doubled as a lookout tower.
Local activists, led initially by the late Dave Aldous and now by Frank Korvemaker, are determined to prevent the barn’s disappearance from the Prairie landscape. The recently formed Bell Barn Society of Indian Head has developed a four-year project plan to relocate and rebuild the structure. Indian Head
resident Ken Braden has donated a five-acre parcel of land located just
30 metres from the Bell Barn’s present site.
The barn is important for many reasons, not least of which
is what it symbolizes of the brief period of 19th-century corporate farming in Saskatchewan. William Bell created the Qu’Appelle Valley Farming Company, a 260-sq.-kilometre farm that included 25 cottages for workers to whom Bell issued daily instructions using an early telephone line that ran along the fences. It was the first telephone system outside Regina at the time.
Bell enticed a number of Ontario investors to support the project. Despite promising beginnings, it eventually failed
due to unpredictable weather conditions and the loss of horses and supplies to military commanders engaged in the 1885 Riel Rebellion.
As of November, the society has collected over $15,000
and several in-kind donations. About $600,000 is needed to restore the property.
“Residents have said, “If you ever do something, let us know and we’ll help. We’re now going to take them up on it,” said Mr. Korvemaker. Community interest and support have been overwhelming, as was evident at the society’s first public meeting, which attracted over 125 people.
Once rebuilt, the property will serve to interpret the history of the Bell Barn, the role of corporate farming in the early
settlement of the West, and the work of the stonemasons. The society is hoping to open the site to the public in 2009.
The plans also include the preservation of the barn’s original foundation for further archaeological research.
Former Saskatchewan Lieutenant Governor Lynda Haverstock and Indian Head actor Eric Peterson, currently starring in the television sitcom Corner Gas, accepted Honorary Patron and Honorary Chairman positions with the Bell Barn Project.
“We are particularly pleased to have Dr. Haverstock and Mr. Peterson demonstrate their support for the Bell Barn Project by agreeing to serve in these two honorary positions," said Frank Korvemaker, Bell Barn Project chair.
For more information about the project or to make a donation, contact the Bell Barn Society at Box 1882, Indian Head, Saskatchewan, S0G 2K0 or visit www.sahs.ca
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