HTNS Extremely Disappointed By Mere Slap On The Wrist Given In Reid House Decision

Heritage Trust is extremely disappointed the Provincial Court in Kentville did not take the opportunity to provide a strong message to deter illegal demolition of registered heritage properties. When it rendered its October 30, 2023, judgment against a Halifax developer and his company who demolished a provincially registered heritage property without permission, the Court could have sent a strong message by enforcing the maximum penalty available under the Heritage Property Act and the Special Places Protection Act; it did not.

In December 2020, Nanco Developments, under its owner, Bassam Nahas, demolished the provincially designated heritage property, Reid House, in Avonport, Kings County, despite that property’s protection under both the Heritage Property Act and the Special Places Protection Act. After investigation, the RCMP laid four charges against Nanco Developments and a further six charges against Bassam Nahas, all under the Heritage Property Act and the Special Places Protection Act, in July 2021.

Counsel for Nanco and Mr. Nahas filed pleas of “not guilty” in October 2021. Initial trial dates for January 2022 were delayed to October 2022, then to January 2023. At the request of the Defendants, the Crown Attorney then agreed to delay trial yet again, this time to January 2024, more than three years after Reid House was demolished.

On October 31, 2023, Heritage Trust of Nova Scotia learned that, on behalf of Nahas and his company, Nanco Developments, their legal counsel entered a plea of “guilty” to two charges under each Act for Nanco Developments and that all charges against Nahas were dismissed. Though the Court could have levied fines of $700,000 for the four admitted charges instead, the Court levied fines of only $86,250 in what can only be described as a financial slap on the wrist.

Provincial designation is not awarded lightly. More than 250 years old, Reid House had great significance to Kings County and to Nova Scotia, having served as a farm house, post office, court, tavern, and inn during its long life. It retained its place of significance even in its later years because of its highly visible location next to Highway 101. 

The maximum corporate fines under Section 25 of the Heritage Property Act, are $250,000 for each violation, with individuals able to be fined as much as $10,000 per offence, or even imprisoned. Under Section 22 of the Special Places Protection Act, corporate fines can be as high as $100,000 per offence, while individuals may be fined up to $10,000 for each incident. Nanco Developments and Mr. Nahas could have been, and in our view should have been, fined much more severely than has happened.

The fines under the Heritage Property Act are already lower than The Trust believes they should be.  For several years, the Trust has been asking the Province to increase fines – without success.

That the provincial heritage protection laws were blatantly flouted by this developer and only a minor penalty imposed against him should be of serious concern to all Nova Scotians. Such a judgment can only be seen as weakening protection for all registered properties.

The repeated trial delays were of concern, and the modest fines for this egregious act are the result we feared. If the Courts refuse to levy the maximum fines that might deter similar violations of our heritage legislation, they invite demolition of other “inconvenient” heritage properties.

Where is Nova Scotia’s commitment to heritage and heritage protection?