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Explanatory Note

CHAPTER 6

An Act to amend
the Ontario Heritage Act

Assented to April 28, 2005

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1.  The Ontario Heritage Act is amended by striking out “Foundation” wherever it appears in the following provisions and substituting in each case “Trust”:

1. Subsections 5 (2) and (3).

2. Sections 6, 7, 9, 11 to 18, 21 and 22.

3. Clause 29 (3) (a).

4. Subclause 29 (6) (b) (i).

5. Subclause 29 (14) (b) (i).

6. Clauses 31 (3) (a) and 32 (2) (a).

7. Clause 33 (4) (b).

8. Subsection 33 (13).

9. Clauses 34 (2) (b), 34.3 (2) (a) and 41 (3) (a).

10. Subsection 52 (1).

11. Section 54, in the portion before clause (a).

12. Subsection 55 (2), in the portion before clause (a).

13. Subsection 62 (1).

2.  (1)  The definition of “Foundation” in section 1 of the Act is repealed.

(2)  The definition of “heritage attributes” in section 1 of the Act, as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

“heritage attributes” means, in relation to real property, and to the buildings and structures on the real property, the attributes of the property, buildings and structures that contribute to their cultural heritage value or interest; (“attributs patrimoniaux”)

(3)  Section 1 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, 2002, chapter 17, Schedule F, Table and 2002, chapter 18, Schedule F, section 2, is amended by adding the following definition:

“Trust” means the Ontario Heritage Trust continued under section 5. (“Fiducie”)

3.  The heading to Part II of the Act is repealed and the following substituted:

PART II
ONTARIO HERITAGE TRUST

4.  (1)  Subsection 5 (1) of the Act is repealed and the following substituted:

Ontario Heritage Trust

(1)  The Ontario Heritage Foundation is continued as a corporation without share capital under the name Ontario Heritage Trust in English and Fiducie du patrimoine ontarien in French.

(2)  Subsection 5 (5) of the Act is repealed and the following substituted:

Term of office

(5)  A director may be appointed for a term not exceeding three years and may be reappointed for successive terms not exceeding three years each.

5.  Clause 7 (d) of the Act is amended by striking out “aesthetic and scenic interest” at the end and substituting “aesthetic, natural and scenic interest”.

6.  Section 8 of the Act is repealed and the following substituted:

By-laws

8.  (1)  The directors of the Trust may make such by-laws as are necessary for,

(a) the administration of the Trust;

(b) the establishment, appointment and condition of membership therein; and

(c) any other matter necessary for carrying out the objects of the Trust.

Same

(2)  With the approval of the Minister, the directors of the Trust may make by-laws establishing such honorary offices as they consider desirable and appointing persons to the offices.

7.  Section 9 of the Act is amended by striking out “aesthetic or scenic interest” and substituting “aesthetic, natural or scenic interest”.

8.  Section 10 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule B, section 10 and 2002, chapter 18, Schedule A, section 14, is repealed and the following substituted:

Further powers of Trust

10.  (1)  The Trust, in accordance with the policies and priorities determined by the Minister for the conservation, protection and preservation of the heritage of Ontario, and with the approval of the Minister, may,

(a) receive and acquire by purchase, donation, lease for a term of more than five years, public subscription, grant, bequest or otherwise, property of historical, architectural, archaeological, recreational, aesthetic, natural and scenic interest for the use, enjoyment and benefit of the people of Ontario;

(b) enter into agreements, covenants and easements with owners of real property, or interests therein, for the conservation, protection and preservation of the heritage of Ontario;

(c) subject to the terms of any trust in connection with such property, dispose of property by sale, lease for a term of more than five years or by any other manner and execute such deeds or other instruments as may be required to effect the disposal;

(d) borrow money for the purpose of carrying out the objects of the Trust where a guarantee is provided under section 18.

Same

(2)  The Trust, in accordance with the policies and priorities determined by the Minister for the conservation, protection and preservation of the heritage of Ontario, may,

(a) hold, lease for a term of five years or less, preserve, maintain, reconstruct, restore and manage property of historical, architectural, archaeological, recreational, aesthetic, natural and scenic interest for the use, enjoyment and benefit of the people of Ontario;

(b) conduct and arrange exhibits or other cultural or recreational activities to inform and stimulate the interest of the public in historical, architectural and archaeological matters;

(c) enter into agreements with prospective donors, subject to any conditions governing the use of property;

(d) enter into agreements with persons respecting any matter within the objects of the Trust, and provide financial assistance by way of grant or loan to persons who are parties to such agreements for the purpose of,

(i) providing educational, research and communications programs,

(ii) maintaining, restoring and renovating property, and

(iii) providing for the management, custody and security of property;

(e) engage the services of experts and other persons;

(f) invest its funds, and sections 26 to 30 of the Trustee Act apply, with necessary modifications, to the investment of those funds;

(g) undertake programs of research and documentation of matters relating to the heritage of Ontario and cause information to be compiled and studies to be undertaken;

(h) with the consent of the owner of property, place markers, signs, cairns or other interpretive facilities in or on the property for the interest and guidance of the public;

(i) provide assistance, advisory services and training programs to individuals, institutions, agencies and organizations in Ontario having similar aims and objectives as the Trust.

Minister’s right to exercise Trust’s powers

(3)  Despite subsections (1) and (2), the Minister may exercise any of the powers of the Trust referred to in subsections (1) and (2) if, in the Minister’s opinion, it is necessary in order to ensure the carrying out of the intent and purpose of this Act.

9.  Section 23 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

Register

23.  The Trust shall keep a register and shall enter in the register particulars of,

(a) all properties designated under Parts IV and VI;

(b) all heritage conservation districts designated under Part V; and

(c) any other properties that in the opinion of the Minister are of cultural heritage value or interest.

10.  The Act is amended by adding the following section:

Transition

23.1  Any reference to the Ontario Heritage Foundation in any Act, regulation, agreement or document in effect immediately before the day the Ontario Heritage Amendment Act, 2005 receives Royal Assent shall be deemed to be a reference to the Ontario Heritage Trust.

11.  (1)  Subsection 24 (1) of the Act is amended by striking out “shall consist of not fewer than three persons” and substituting “shall consist of not fewer than five persons”.

(2)  Section 24 of the Act is amended by adding the following subsection:

Procedures

(8)  Sections 4.3 to 4.6, 5.1, 5.2, 5.4, 6 to 16, 17.1, 21, 21.1, 22, 23, 25.0.1 and 25.1 of the Statutory Powers Procedure Act apply to the Review Board and any hearing held by the Review Board under this Act.

12.  The Act is amended by adding the following section:

OMB hearings

25.1  (1)  Despite section 5 of the Ontario Municipal Board Act, the Board may appoint a member of the Review Board to sit on a panel of the Board conducting an appeal under this Act for the duration of the appeal.

Same

(2)  If a member of the Review Board is appointed to sit on a Board panel under subsection (1),

(a) the member shall have all of the powers of a member of the Board appointed under section 5 of the Ontario Municipal Board Act and shall be entitled to participate fully in the appeal; and

(b) for the purposes of any further proceeding or appeal under the Ontario Municipal Board Act, any decision or order made by a panel of the Board that includes a Review Board member appointed under subsection (1) shall be deemed to be as valid as a decision or order made by a panel of the Board constituted in accordance with the requirements of section 5 of the Ontario Municipal Board Act.

Conflict

(3)  A member of the Review Board is not eligible to be appointed to sit on a Board panel under subsection (1) if the member has participated in any hearing by the Review Board relating to the property that is the subject of the appeal being heard by the Board panel.

13.  The Act is amended by adding the following Part:

PART III.1
STANDARDS AND GUIDELINES FOR PROVINCIAL HERITAGE PROPERTIES

Heritage standards and guidelines

Definition

25.2  (1)  In this Part,

“property” means real property and includes all buildings and structures thereon.

Application

(2)  This Part applies to property,

(a) that is owned by the Crown in right of Ontario or by a prescribed public body; or

(b) that is occupied by a ministry or a prescribed public body if the terms of the occupancy agreement are such that the ministry or public body is entitled to make the alterations to the property that may be required under the heritage standards and guidelines approved under subsection (5).

Heritage standards and guidelines

(3)  The Minister may prepare heritage standards and guidelines which shall,

(a) set out the criteria and the process for the identification of properties referred to in subsection (2) that have cultural heritage value or interest; and

(b) set standards for the protection, maintenance, use and disposal of property referred to in clause (a).

Consultation

(4)  In preparing heritage standards and guidelines under subsection (3), the Minister shall consult with the affected ministries, the Trust and the prescribed public bodies that own or occupy properties referred to in subsection (2).

Approval

(5)  The heritage standards and guidelines prepared by the Minister shall be approved by the Lieutenant Governor in Council.

Compliance

(6)  The Crown in right of Ontario and any ministry or prescribed public body that owns or occupies properties referred to in subsection (2) shall comply with the heritage standards and guidelines approved under subsection (5).

Not a regulation

(7)  The heritage standards and guidelines approved under this section are not regulations within the meaning of the Regulations Act.

Application

25.3  Section 37 applies with necessary modifications to property to which this Part applies.

14.  The headings immediately before section 26 of the Act and section 26 of the Act are repealed and the following substituted:

PART IV
CONSERVATION OF PROPERTY OF CULTURAL HERITAGE VALUE OR INTEREST

Definitions and Application

Definition

26.  (1)  In this Part,

“property” means real property and includes all buildings and structures thereon.

Same

(2)  In sections 27 to 34.4,

“designated property” means property designated by a municipality under section 29.

Application

26.1  (1)  This Part does not apply to property described in clause 25.2 (2) (a).

Conflict

(2)  If a property described in clause 25.2 (2) (b) is designated under section 29 or under section 34.5, and if there is a conflict between a provision of the heritage standards and guidelines prepared under Part III.1 and a provision in Part IV as they apply to that property, the provision in Part IV prevails.

Exception

(3)  Nothing in subsection (1) shall prevent a municipality acting under subsection 27 (1.2) from including in the register referred to in that subsection a reference to property described in clause 25.2 (2) (a).

15.  Subsection 27 (1) of the Act, as amended by the Statutes of Ontario, 2002, chapter, 18, Schedule F, section 2, is repealed and the following substituted:

Register and Municipal Heritage Committee

Register

(1)  The clerk of a municipality shall keep a register of property situated in the municipality that is of cultural heritage value or interest.

Contents of register

(1.1)  The register kept by the clerk shall list all property situated in the municipality that has been designated by the municipality or by the Minister under this Part and shall contain, with respect to each property,

(a) a legal description of the property;

(b) the name and address of the owner; and

(c) a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property.

Same

(1.2)  In addition to the property listed in the register under subsection (1.1), the register may include property that has not been designated under this Part but that the council of the municipality believes to be of cultural heritage value or interest and shall contain, with respect to such property, a description of the property that is sufficient to readily ascertain the property.

Consultation

(1.3)  Where the council of a municipality has appointed a municipal heritage committee, the council shall, before including a property that has not been designated under this Part in the register under subsection (1.2) or removing the reference to such a property from the register, consult with its municipal heritage committee.

16.  The Act is amended by adding the following heading immediately before section 29:

Designation of Properties by Municipalities

17.  (1)  Subsection 29 (1) of the Act, as amended by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

Designation by municipal by-law

(1)  The council of a municipality may, by by-law, designate a property within the municipality to be of cultural heritage value or interest if,

(a) where criteria for determining whether property is of cultural heritage value or interest have been prescribed by regulation, the property meets the prescribed criteria; and

(b) the designation is made in accordance with the process set out in this section.

Notice required

(1.1)  Subject to subsection (2), if the council of a municipality intends to designate a property within the municipality to be of cultural heritage value or interest, it shall cause notice of intention to designate the property to be given by the clerk of the municipality in accordance with subsection (3).

(2)  Subsection 29 (4) of the Act, as amended by the Statutes of Ontario, 1996, chapter 4, section 55 and 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

Contents of notice

(4)  Notice of intention to designate property that is served on the owner of property and on the Trust under clause (3) (a) shall contain,

(a) an adequate description of the property so that it may be readily ascertained;

(b) a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property; and

(c) a statement that notice of objection to the designation may be served on the clerk within 30 days after the date of publication of the notice of intention in a newspaper of general circulation in the municipality under clause (3) (b).

Same

(4.1)  Notice of intention to designate property that is published in a newspaper of general circulation in a municipality under clause (3) (b) shall contain,

(a) an adequate description of the property so that it may be readily ascertained;

(b) a statement explaining the cultural heritage value or interest of the property;

(c) a statement that further information respecting the proposed designation is available from the municipality; and

(d) a statement that notice of objection to the designation may be served on the clerk within 30 days after the date of publication of the notice of intention in a newspaper of general circulation in the municipality under clause (3) (b).

(3)  Subclause 29 (6) (a) (ii) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

(ii) cause a copy of the by-law, together with a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property,

(A) to be served on the owner of the property and on the Trust, and

(B) to be registered against the property affected in the proper land registry office, and

(4)  Subsection 29 (11) of the Act is repealed.

(5)  Subclause 29 (14) (a) (ii) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

(ii) cause a copy of the by-law, together with a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property,

(A) to be served on the owner of the property and on the Trust, and

(B) to be registered against the property affected in the proper land registry office, and

(6)  Section 29 of the Act, as amended by the Statutes of Ontario, 1996, chapter 4, section 55 and 2002, chapter 18, Schedule F, section 2, is amended by adding the following subsection:

Same

(17)  If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, the clerk of a municipality had given a notice of intention to designate a property that complied with subsection (4) as it read immediately before that day but, as of that day, the council had not yet passed a by-law designating the property under this section and had not withdrawn the notice,

(a) the notice continues to have been validly given; and

(b) the requirements of subsection (4) or (4.1), as enacted on that day by subsection 17 (2) of the Ontario Heritage Amendment Act, 2005, do not apply to the notice of intention.

18.  Section 30 of the Act is repealed and the following substituted:

Effect of notice of designation

Permits void

30.  (1)  If a notice of intention to designate a property as property of cultural heritage value or interest is given under section 29, any permit that allowed for the alteration or demolition of the property and that was issued by the municipality under any Act, including a building permit, before the day the notice was served on the owner of the property and on the Trust and published in a newspaper is void as of the day the notice of intention is given in accordance with subsection 29 (3).

Interim control of alteration, demolition or removal

(2)  Sections 33 and 34 apply with necessary modifications to property as of the day notice of intention to designate the property is given under subsection 29 (3) as though the designation process were complete and the property had been designated under section 29.

19.  The Act is amended by adding the following section:

Amendment of designating by-law

30.1  (1)  The council of a municipality may, by by-law, amend a by-law designating property made under section 29 and section 29 applies with necessary modifications to an amending by-law as though it were a by-law to designate property under that section.

Exception

(2)  Despite subsection (1), subsections 29 (1) to (6) do not apply to an amending by-law if the purpose of the amendment is,

(a) to clarify or correct the statement explaining the property’s cultural heritage value or interest or the description of the property’s heritage attributes;

(b) to correct the legal description of the property; or

(c) to otherwise revise the language of the by-law to make it consistent with the requirements of this Act or the regulations.

Same

(3)  If the council of a municipality proposes to make an amendment described in subsection (2), the council shall give the owner of the designated property written notice of the proposed amendment in accordance with subsection (4).

Content of notice

(4)  A notice of a proposed amendment shall,

(a) contain an explanation of the purpose and effect of the proposed amendment; and

(b) inform the owner of the right to object to the proposed amendment by filing a notice of objection with the clerk of the municipality within 30 days of receiving the notice.

Consultation with committee

(5)  The council of a municipality shall consult with its municipal heritage committee, if one has been established, before giving notice of a proposed amendment to the owner of property under subsection (3).

Objection

(6)  The owner of a property who receives notice of a proposed amendment from a municipality under subsection (3) may, within 30 days of receiving notice of the amendment, file a notice of objection to the amendment with the clerk of the municipality setting out the reasons for the objection and all relevant facts.

Where no objection

(7)  If no notice of objection is filed within the 30-day period under subsection (6), the council of the municipality may pass the proposed amending by-law described in subsection (2).

Application of s. 29

(8)  If the owner of the property files a notice of objection under subsection (5) in relation to a proposed amendment described in subsection (2), subsections 29 (7) to (15) apply with necessary modifications to the notice of objection.

Notice of amendment

(9)  The clerk of a municipality shall provide a copy of the by-law, as amended under this section, to the owner of the property and to the Trust and shall register the by-law against the property in the proper land registry office.

Requirement to update old by-laws

(10)  If the council of a municipality proposes to amend a by-law designating property made under section 29 before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, the council shall include in the amendment such changes as are necessary to ensure that the by-law satisfies the requirements of section 29, as it read on the day the Ontario Heritage Amendment Act, 2005 received Royal Assent.

20.  (1)  Clause 32 (2) (b) of the Act is repealed and the following substituted:

(b) consent to the application and,

(i) cause notice of the intention to repeal the by-law to be served on the owner and the Trust, and

(ii) publish notice of the intention to repeal the by-law in a newspaper of general circulation in the municipality.

(2)  Subsection 32 (8) of the Act is repealed.

(3)  Subsection 32 (11) of the Act is repealed and the following substituted:

Decision of council

(11)  After considering a report under subsection (9), the council without further hearing shall,

(a) refuse the application and cause notice of its decision to be given to the owner; or

(b) consent to the application and,

(i) cause notice of the intention to repeal the by-law to be served on the owner and the Trust, and

(ii) publish notice of the intention to repeal the by-law in a newspaper of general circulation in the municipality.

Decision final

(11.1)  A decision made under clause (11) (a) is final.

(4)  Subsection 32 (12) of the Act is repealed.

(5)  Section 32 of the Act, as amended by the Statutes of Ontario, 1996, chapter 4, section 57 and 2002, chapter 18, Schedule F, section 2, is amended by adding the following subsections:

Objection

(14)  Any person may, within 30 days after the date of publication of the notice of intention under subclause (2) (b) (ii) or (11) (b) (ii), serve on the clerk of the municipality a notice of objection to the repeal of a by-law, or a part of a by-law, designating property as property of cultural heritage value or interest.

Content of notice of objection

(15)  A notice of objection shall set out the reason for the objection.

If no objection made

(16)  If no notice of objection is served within the 30-day period referred to in subsection (14), the council shall pass a by-law repealing the by-law, or the part of the by-law, that designated the property as property of cultural heritage value or interest and cause,

(a) a copy of the repealing by-law to be served on the owner of the property and the Trust;

(b) the reference to the property in the Register referred to in subsection 27 (1) to be deleted;

(c) notice of the repealing by-law to be published in a newspaper of general circulation in the municipality; and

(d) a copy of the repealing by-law to be registered against the property in the proper land registry office.

Referral of objection to Review Board

(17)  If a notice of objection is served on the municipality under subsection (14), the council shall, upon expiration of the 30-day period referred to in that subsection, refer the matter to the Review Board for a hearing and report.

Application

(18)  Subsections 29 (7) to (13) apply with necessary modifications to the hearing and report by the Review Board required under subsection (17).

Decision of council

(19)  After considering the report of the Review Board, the council shall, without a further hearing,

(a) refuse the application and cause notice of its decision to be given to the owner; or

(b) consent to the application, pass a by-law repealing the by-law, or the part of the by-law, that designated the property as property of cultural heritage value or interest and cause,

(i) a copy of the repealing by-law to be served on the owner of the property and the Trust,

(ii) the reference to the property in the Register referred to in subsection 27 (1) to be deleted,

(iii) notice of the repealing by-law to be published in a newspaper of general circulation in the municipality, and

(iv) a copy of the repealing by-law to be registered against the property in the proper land registry office.

Decision final

(20)  The decision of the council under subsection (19) is final.

Withdrawal of objection

(21)  A person who has served a notice of objection under subsection (14) may withdraw the objection at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the clerk of the municipality and on the Review Board.

Same

(22)  Upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the council shall act in accordance with subsection (16) as if no notice of objection had been served.

Reapplication

(23)  Where the council refuses an application under clause (11) (a) or (19) (a), the owner of the property may not reapply to have the by-law, or the part of the by-law, that designates the property as property of cultural heritage value or interest revoked for 12 months from the service of the notice under clause (19) (a), except with the consent of the council.

21.  (1)  Subsection 33 (1) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is amended by striking out “No owner of property designated under this Part” at the beginning and substituting “No owner of property designated under section 29”.

(2)  Subsection 33 (10) of the Act is repealed.

(3)  Section 33 of the Act, as amended by the Statutes of Ontario, 1996, chapter 4, section 58 and 2002, chapter 18, Schedule F, section 2, is amended by adding the following subsections:

Delegation of council’s consent

(15)  The power to consent to alterations to property under this section may be delegated by by-law by the council of a municipality to an employee or official of the municipality if the council has established a municipal heritage committee and has consulted with the committee prior to delegating the power.

Scope of delegation

(16)  A by-law that delegates the council’s power to consent to alterations to a municipal employee or official may delegate the power with respect to all alterations or with respect to such classes of alterations as are described in the by-law.

22.  (1)  Subsection 34 (1) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is amended by striking out “No owner of property designated under this Part” at the beginning and substituting “No owner of property designated under section 29”.

(2)  Clause 34 (2) (a) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is amended by striking out “or” at the end of subclause (i) and by adding the following subclause:

(i.1) consent to the application, subject to such terms and conditions as may be specified by the council, or

(3)  Subsection 34 (3) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed.

(4)  Subsection 34 (5) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, and subsections 34 (6), (7) and (8) of the Act, as enacted by 2002, chapter 18, Schedule F, section 2, are repealed and the following substituted:

Transition

(5)  If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, an owner of property designated under section 29 had applied to a municipality for consent to demolish or remove a building or structure on the property and no decision had been made by the council of the municipality as of that day,

(a) the council’s decision shall be made in accordance with subsection (2), as amended by subsection 22 (2) of the Ontario Heritage Amendment Act, 2005; and

(b) subsections (5) and (7), as they read immediately before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, do not apply if the council decides to refuse the application.

Same

(6)  If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, an owner of property designated under section 29 had applied to a municipality for consent to demolish or remove a building or structure on the property and the council of the municipality had refused the application under subsection (2), then, even though 180 days had elapsed since the date of the council’s decision and the owner had complied with the requirements of clause (5) (b) or (7) (b), as they read immediately before that day,

(a) subsections (5) and (7), as they read immediately before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, do not apply with respect to the refusal of the application; and

(b) the owner shall not demolish or remove the building or structure on the property.

Same, exception

(7)  Despite subsections (5) and (6), if, on the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, a situation described in subsection (6) existed and the owner of the property had not only prepared the property for the demolition or removal of a building or structure but was in the course of demolishing or removing the building or structure, then,

(a) subsections (5) and (7), as they read immediately before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, continue to apply to the refusal of the application;

(b) the owner may continue the demolition or removal of the building or structure; and

(c) sections 34.1, 34.2 and 34.3, as they read immediately before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, continue to apply to the application.

23.  Sections 34.1 and 34.2 of the Act, as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, are repealed and the following substituted:

Appeal to Board

34.1  (1)  If the council of a municipality consents to an application subject to terms and conditions under subclause 34 (2) (a) (i.1) or refuses an application under subclause 34 (2) (a) (ii), the owner of the property that was the subject of the application may appeal the council’s decision to the Board within 30 days of the day the owner received notice of the council’s decision.

Notice of appeal

(2)  An owner of property who wishes to appeal the decision of the council of a municipality shall, within 30 days of the day the owner received notice of the council’s decision, give notice of appeal to the Board and to the clerk of the municipality.

Content of notice

(3)  A notice of appeal shall set out the reasons for the objection to the decision of the council of the municipality and be accompanied by the fee prescribed under the Ontario Municipal Board Act.

Hearing

(4)  Upon receiving notice of an appeal, the Board shall set a time and place for hearing the appeal and give notice of the hearing to the owner of the property and to such other persons or bodies as the Board may determine.

Notice of hearing

(5)  The Board shall give notice of a hearing in such manner as the Board determines necessary.

Powers of Board

(6)  After holding a hearing, the Board may order,

(a) that the appeal be dismissed; or

(b) that the municipality consent to the demolition or removal of a building or structure without terms and conditions or with such terms and conditions as the Board may specify in the order.

Decision final

(7)  The decision of the Board is final.

Transition, appeal to Board

34.2  (1)  Within 90 days of the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, the owner of property designated under section 29 who, before that day, had been refused an application to demolish or remove a building or structure from the property under subsection 34 (2) by the council of a municipality, may appeal the decision to the Board if,

(a) the owner has lost his right to demolish or remove the building or structure 180 days after the day the council of the municipality refused the application under subsection 34 (2) by virtue of subsection 34 (6); and

(b) subsection 34 (7) does not apply to the application.

Notice of appeal

(2)  An owner of property who wishes to appeal the decision of the council of a municipality under subsection (1) shall, within 90 days of the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, give notice of appeal to the Board and to the clerk of the municipality.

Application

(3)  Subsections 34.1 (3) to (7) apply with necessary modifications to an appeal under this section.

24.  Subsection 34.3 (1) of the Act, as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

Repeal of by-law designating property

(1)  The council of a municipality shall pass a by-law to repeal a by-law or the part thereof designating a property under section 29 if the owner of the property has applied in writing to the council for consent to the demolition or removal of a building or structure on the property and,

(a) the council consents to the application under subclause 34 (2) (a) (i) or (i.1) or is deemed to have consented to the application under subsection 34 (4); or

(b) the Board has ordered that the municipality give its consent under clause 34.1 (6) (b).

25.  Section 34.4 of the Act, as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed the following substituted:

Transition

34.4  A process relating to a matter dealt with in any of sections 34 to 34.3 that was commenced but not completed under an Act or a part of an Act repealed by section 4 of Schedule F to the Government Efficiency Act, 2002, that was continued under sections 34 to 34.3 of this Act by this section on the day subsection 2 (18) of Schedule F to the Government Efficiency Act, 2002 came into force, and that was not complete on the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, shall be continued under sections 34 to 34.3 as they read on and after the day the Ontario Heritage Amendment Act, 2005 received Royal Assent.

26.  Part IV of the Act is amended by adding the following sections:

Designation of Properties by Minister

Designation by Minister

34.5  (1)  After consultation with the Trust, the Minister may, by order, designate any property within a municipality or in unorganized territory as property of cultural heritage value or interest of provincial significance if,

(a) the property meets the criteria prescribed by regulation; and

(b) the designation is made in accordance with the process set out in section 34.6.

Effect of designation

(2)  If property is designated by the Minister under subsection (1), the owner of the property shall not,

(a) carry out or permit an alteration of the property of a kind described in subsection (3) unless the Minister consents to the alteration; or

(b) carry out or permit the demolition or removal of a building or structure on the property unless the Minister consents to the demolition or removal or the Board orders the demolition or removal under subsection (6).

Alterations to property

(3)  Clause (2) (a) applies in respect of alterations that are likely to affect the property’s heritage attributes as described in the notice of intention to designate the property given under section 34.6.

Application for consent, alteration

(4)  The owner of a property designated under subsection (1) may apply to the Minister for the Minister’s consent to an alteration of the property and subsections 33 (2) to (14) apply with necessary modifications to such an application.

Same

(5)  For the purposes of the application of subsection 33 (4) to an application for the Minister’s consent made under subsection (4), subsection 33 (4) shall be deemed to require the Minister to consult with the Trust, and not with a municipal heritage committee, before rendering a decision under that subsection.

Same, demolition or removal

(6)  The owner of a property designated under subsection (1) may apply to the Minister for the Minister’s consent to the demolition or removal of a building or structure on the property.

Decision of Minister

(7)  Within 90 days after receipt of an application under subsection (6), or within such longer period as is agreed upon by the owner and the Minister, the Minister, having consulted with the Trust, may,

(a) consent to the application;

(b) consent to the application, subject to such terms and conditions as may be specified by the Minister; or

(c) refuse the application.

Notice of decision

(8)  The Minister shall, within the time period specified in subsection (7), give notice of its decision under subsection (7) to the owner of the property and to the Trust and,

(a) in the case of property situated in a municipality, shall publish the decision in a newspaper having general circulation in the municipality; and

(b) in the case of property situated in unorganized territory, shall publish its decision or otherwise make its decision known in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice.

Deemed consent

(9)  If the Minister fails to give notice of its decision to the owner within the time period specified in subsection (7), the Minister shall be deemed to have consented to the application.

Application, appeal to Board

(10)  Section 34.1 applies with necessary modifications where the Minister refuses an application for consent under clause (7) (c) or consents to the application, subject to terms and conditions specified by the Minister under clause (7) (b).

Delegation

(11)  The Minister may delegate in writing his or her power to consent to the alteration of a property designated under subsection (1) and to consent to the demolition or removal of a building or structure on property designated under subsection (1),

(a) to the Trust, or to an official of the Trust designated by the Trust for the purposes of such a delegation; or

(b) in the case of property situated in a municipality, to the council of the municipality or to an official of the municipality designated by the council of the municipality for the purposes of such a delegation.

Scope of delegation

(12)  The Minister may limit a delegation under subsection (11) so as to delegate the power to consent to only one of the types of changes to property described in subsection (11), or to such combination thereof as may be specified in the delegation, or to consent to such classes of alterations as are set out in the delegation.

Designation process

34.6  (1)  If the Minister intends to designate property as property of cultural heritage value or interest of provincial significance, the Minister shall ensure that a notice of intention to designate the property is,

(a) served on the owner of the property and, if the property is situated in a municipality, on the clerk of the municipality;

(b) in the case of property situated in a municipality, published in a newspaper of general circulation in the municipality; and

(c) in the case of property situated in unorganized territory, published or otherwise made known in the territory in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice.

Content of notice

(2)  A notice of intention to designate property served on an owner of property and on the clerk of a municipality under clause (1) (a) shall contain,

(a) an adequate description of the property so that it may be readily ascertained;

(b) a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property; and

(c) a statement that notice of objection to the designation may be served on the Minister, within 30 days after the day the notice of intention was first published or made known to the public under clause (1) (b) or (c).

Same

(3)  A notice of intention to designate property published under clause (1) (b) or (c) shall contain,

(a) an adequate description of the property so that it may be readily ascertained;

(b) a statement explaining the cultural heritage value or interest of the property;

(c) a statement that further information respecting the proposed designation is available from the Minister; and

(d) a statement that notice of objection to the designation may be served on the Minister, within 30 days after the day the notice of intention was first published or made known to the public under clause (1) (b) or (c).

Objection

(4)  Within 30 days after the day the notice of intention was first published or made known to the public under clause (1) (b) or (c), a person may serve on the Minister a notice of objection setting out the reason for the objection and all relevant facts.

If no notice of objection

(5)  If no notice of objection is served within the 30-day period referred to in subsection (4), the Minister,

(a) shall make an order designating the property as property of cultural heritage value or interest of provincial significance and shall,

(i) cause a copy of the order together with a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property,

(A) to be served on the owner of the property, on the Trust and, if the property is situated in a municipality, on the clerk of the municipality, and

(B) to be registered against the property affected in the proper land registry office,

(ii) in the case of property situated in a municipality, publish notice of the order in a newspaper of general circulation in the municipality, and

(iii) in the case of property situated in unorganized territory, publish notice of the order or otherwise make it known in the territory in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice; or

(b) shall withdraw the notice of intention to designate the property by causing a notice of withdrawal,

(i) to be served on the owner of the property, on the Trust and, if the property is situated in a municipality, on the clerk of the municipality,

(ii) in the case of property situated in a municipality, to be published in a newspaper of general circulation in the municipality, and

(iii) in the case of property situated in unorganized territory, to be published or otherwise made known in the territory in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice.

Referral of objection to Review Board

(6)  If a notice of objection is served on the Minister under subsection (4), the Minister shall, upon expiration of the 30-day period referred to in that subsection, refer the matter to the Review Board for a hearing and report.

Hearing

(7)  If a matter is referred to the Review Board under subsection (6), the Review Board shall hold a hearing as soon as practicable to determine whether the property in question should be designated as property of cultural heritage value or interest of provincial significance.

Parties

(8)  The Minister, the owner of the property in question, any person who has served a notice of objection under subsection (4) and such other persons as the Review Board may specify are parties to the hearing.

Open hearing

(9)  A hearing under subsection (7) is open to the public.

Place of hearing

(10)  A hearing under subsection (7) shall be held at such place in the municipality or in the unorganized territory, as the case may be, as the Review Board may determine.

Notice of hearing

(11)  Notice of a hearing under subsection (7) shall be,

(a) if the hearing is with respect to property situated in a municipality, published in a newspaper of general circulation in the municipality at least 10 days before the day of the hearing; and

(b) if the hearing is with respect to property situated in unorganized territory, published or otherwise made known in the territory in a manner and at such times as the Review Board considers adequate to give the public in the territory reasonable notice of the hearing.

Combining hearings

(12)  The Review Board may combine two or more related hearings and conduct them in all respects and for all purposes as one hearing.

Reports

(13)  Within 30 days after the conclusion of a hearing under subsection (7) or as soon thereafter as is practicable, the Review Board shall make a report to the Minister setting out its findings of fact, its recommendations as to whether or not the property in question should be designated under section 34.5 and any information or knowledge used by it in reaching its recommendations.

Copies

(14)  The Review Board shall send a copy of its report to the other parties to the hearing.

Decision of Minister

(15)  After considering the report of the Review Board, the Minister, without further hearing, shall make any order or take any action set out in subsection (5) and follow the requirements of that subsection.

Decision final

(16)  The decision of the Minister under subsection (15) is final.

Withdrawal of objection

(17)  A person who has served a notice of objection under subsection (4) may withdraw the objection at any time before the conclusion of a hearing into the matter by serving notice of withdrawal on the Minister and on the Review Board.

Same

(18)  Upon receipt of a notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the Minister shall act in accordance with subsection (5) as if no notice of objection had been served.

Effect of notice of designation

Permits void

34.7  (1)  If a notice of intention to designate a property as property of cultural heritage value or interest of provincial significance is given under section 34.6, any permit that allowed for the alteration or demolition of the property and that was issued under any Act, including a building permit, before the day the notice was served on the owner of the property and on the Trust and published or made known under subsection 34.6 (1) is void as of that day.

Interim control of alteration, demolition or removal

(2)  Subsections 34.5 (2) to (10) apply with necessary modifications to property as of the day a notice of intention to designate the property is given under section 34.6 as though the designation process were complete and the property had been designated under subsection 34.5 (1).

Repeal of order, Minister’s initiative

34.8  (1)  If, after consultation with the Trust, the Minister decides to repeal an order designating property as property of cultural heritage value or interest of provincial significance, the Minister shall give notice of intention to repeal the order in accordance with subsection (2).

Notice of intention

(2)  A notice of intention to repeal an order designating property shall be served on the owner of the property and on the Trust and,

(a) in the case of property situated in a municipality, shall be published in a newspaper of general circulation in the municipality; or

(b) in the case of property situated in unorganized territory, shall be published or otherwise made known in the territory in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice.

Content of notice

(3)  A notice of intention to repeal an order designating property shall contain,

(a) an adequate description of the property so that it may be readily ascertained;

(b) a short statement of the reason for repealing the order; and

(c) a statement that notice of objection to the repeal of the order may be served on the Minister, within 30 days after the day the notice of intention was first published or made known to the public under clause (2) (a) or (b).

Objection

(4)  Within 30 days after the day the notice of intention was first published or made known to the public under clause (2) (a) or (b), a person may serve on the Minister a notice of objection to the repeal of an order designating property setting out the reason for the objection and all relevant facts.

Application

(5)  Subsections 34.6 (5) to (18), as they apply to an intention to make an order to designate property, apply with necessary modifications to an intention to make an order repealing the designation of the property.

Repeal of order, owner’s initiative

34.9  (1)  An owner of a property designated under subsection 34.5 (1) may apply to the Minister for a repeal of the order designating the property.

Decision of Minister

(2)  Within 90 days of receipt of an application under subsection (1), the Minister, having consulted with the Trust, shall,

(a) refuse the application and cause notice of its decision to be given to the owner and to the Trust; or

(b) consent to the application and,

(i) cause notice of the intention to repeal the order to be served on the owner and the Trust,

(ii) if the property is situated in a municipality, publish notice of the intention to repeal the order in a newspaper of general circulation in the municipality, and

(iii) if the property is situated in unorganized territory, publish or otherwise make known the notice of intention to repeal the order in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice.

Extension of time

(3)  The applicant and the Minister may agree to extend the time under subsection (2) within which the Minister is to make a decision.

Deemed decision

(4)  If the Minister fails to notify the applicant of his or her decision within the 90-day period referred to in subsection (2) or within such further time as may have been agreed to under subsection (3), the Minister shall be deemed to have consented to the application.

Application for hearing

(5)  Within 30 days of receipt of a notice of a refusal of an application under clause (2) (a), the owner of the property in question may apply to the Minister for a hearing before the Review Board.

Application

(6)  Subsections 32 (5) to (10) apply with necessary modifications to a hearing by the Review Board under this section.

Decision of Minister

(7)  After considering the report of the Review Board, the Minister, without further hearing, shall,

(a) refuse the application and cause notice of its decision to be given to the owner and to the Trust; or

(b) consent to the application and,

(i) cause notice of the intention to repeal the order to be served on the owner and the Trust,

(ii) if the property is situated in a municipality, publish notice of the intention to repeal the order in a newspaper of general circulation in the municipality, and

(iii) if the property is situated in unorganized territory, publish or otherwise make known the notice of intention to repeal the order in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice.

Objection

(8)  Within 30 days after the day the notice of intention was first published or made known to the public under clause (2) (b) or (7) (b), a person may serve on the Minister a notice of objection to the repeal of an order designating property setting out the reason for the objection and all relevant facts.

Application

(9)  Subsections 34.6 (5) to (18), as they apply to an intention to make an order to designate property, apply with necessary modifications to an intention to make an order repealing the designation of the property.

Reapplication

(10)  Where the Minister refuses an application under this section, the owner of the property may not reapply to have the order that designates the property as property of cultural heritage value or interest of provincial significance revoked for 12 months from day the owner receives notice of the Minister’s decision, except with the consent of the Minister.

27.  Section 35 of the Act is repealed and the following substituted:

General

Notice of change of ownership

35.  (1)  Where there is a change in the ownership of property designated under section 29 by a municipality, the new owner of the property shall give notice of the change to the clerk of the municipality within 30 days of becoming the owner of the property.

Same, Minister

(2)  Where there is a change in the ownership of property designated under section 34.5 by the Minister, the new owner of the property shall give notice of the change to the Minister within 30 days of becoming the owner of the property.

Conflict

35.1  In the event of a conflict between an order by the Minister designating property under section 34.5 and a municipal by-law that affects the same property, the order prevails to the extent of the conflict, but in all other respects the by-law remains in full force and effect.

Stop order

35.2  (1)  The Minister may issue a stop order with respect to any property in the Province to prevent the alteration of the property, any damage to the property or the demolition or removal of any building or structure on the property if the Minister is of the opinion that,

(a) the property may be property of cultural heritage value or interest of provincial significance; and

(b) the property is likely to be altered or damaged or a building or structure located on the property is likely to be removed or demolished.

Same

(2)  The Minister may make an order under this section with respect to property designated under section 29 even if the municipality has consented to the alteration, demolition or removal in question.

Order

(3)  A stop order issued under this section shall direct the owner of the property in question or any person in apparent possession of the property to ensure that any activity that is likely to result in the alteration of or damage to the property or the demolition or removal of any building or structure on the property not be commenced or be discontinued for a period of up to 60 days.

Assessment

(4)  During the time that a stop order is in effect, the Minister, or any person authorized by the Minister in writing, may prepare a study to assist in determining whether the property is property of cultural heritage value or interest of provincial significance and which procedures, if any, should be commenced under this Act or otherwise, in order to protect and conserve the property.

Building standards by-law

35.3  (1)  If a by-law passed under section 15.1 of the Building Code Act, 1992 setting out standards for the maintenance of property in the municipality is in effect in a municipality, the council of the municipality may, by by-law,

(a) prescribe minimum standards for the maintenance of the heritage attributes of property in the municipality that has been designated by the municipality under section 29 or by the Minister under section 34.5; and

(b) require property that has been designated under section 29 or 34.5 and that does not comply with the standards to be repaired and maintained to conform with the standards.

Application

(2)  Sections 15.2, 15.3, 15.4, 15.5 and 15.8 of the Building Code Act, 1992 apply with necessary modifications to the enforcement of a by-law made under subsection (1).

28.  The Act is amended by adding the following section:

Application

39.1.1  (1)  This Part does not apply to property described in clause 25.2 (2) (a).

Conflict

(2)  If a property described in clause 25.2 (2) (b) is included in a heritage conservation study area designated under section 40.1 or in a heritage conservation district designated under section 41, and if there is a conflict between a provision of the heritage standards and guidelines prepared under Part III.1 and a provision in Part V as they apply to that property, the provision in Part V prevails.

29.  Section 40 of the Act, as amended by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

Area study

40.  (1)  The council of a municipality may undertake a study of any area of the municipality for the purpose of designating one or more heritage conservation districts.

Scope of study

(2)  A study under subsection (1) shall,

(a) examine the character and appearance of the area that is the subject of the study, including buildings, structures and other property features of the area, to determine if the area should be preserved as a heritage conservation district;

(b) examine and make recommendations as to the geographic boundaries of the area to be designated;

(c) consider and make recommendations as to the objectives of the designation and the content of the heritage conservation district plan required under section 41.1;

(d) make recommendations as to any changes that will be required to the municipality’s official plan and to any municipal by-laws, including any zoning by-laws.

Consultation

(3)  If the council of a municipality has established a municipal heritage committee under section 28, the council shall consult with the committee with respect to the study.

Designation of study area

40.1  (1)  If the council of a municipality undertakes a study under section 40, the council may by by-law designate the area specified in the by-law as a heritage conservation study area for a period of up to one year.

Same

(2)  A by-law made under subsection (1) may prohibit or set limitations with respect to,

(a) the alteration of property situated in the heritage conservation study area; and

(b) the erection, demolition or removal of buildings or structures, or classes of buildings or structures, in the heritage conservation study area.

Notice of by-law

(3)  If the council of a municipality passes a by-law under subsection (1), the council shall, within 30 days after the by-law is passed, cause notice of the by-law,

(a) to be served on each owner of property located in the heritage conservation study area and on the Trust; and

(b) to be published in a newspaper of general circulation in the municipality.

Appeal to Board

(4)  Any person who objects to a by-law passed under subsection (1) may appeal to the Board by giving the clerk of the municipality, within 30 days after the date of publication under clause (3) (b), a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee prescribed under the Ontario Municipal Board Act.

Application

(5)  Subsections 41 (6) to (10) apply with necessary modifications to an appeal under subsection (4).

Limitation

(6)  Where the designation of a study area in a municipality ceases to be in effect, the council of the municipality shall not, during the following three years, pass a by-law designating another study area that includes an area that was part of the previously designated study area.

30.  (1)  Subsection 41 (2.1) of the Act, as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

Which Part applies

(2.1)  A property that is designated by the Minister under subsection 34.5 (1) and is included in an area designated as a heritage conservation district under this Part is subject to subsections 34.5 (2) to (12), and not to this Part, with respect to any alterations of the property or any demolition or removal of buildings or structures on the property.

Same

(2.2)  A property that is designated by a municipality under section 29 and is included in an area designated as a heritage conservation district under this Part is subject to section 30 and sections 33 to 34.4, and not to this Part, with respect to any alterations of the property or any demolition or removal of buildings or structures on the property if,

(a) the designation of the heritage conservation district was made before the day section 41.1 came into force; and

(b) no heritage conservation district plan has been adopted by the council of the municipality under section 41.1 with respect to the heritage conservation district.

Same

(2.3)  Subject to subsection (2.4), a property that is designated by a municipality under section 29 and is included in an area designated as a heritage conservation district under this Part for which a heritage conservation district plan has been adopted under section 41.1 is subject to this Part and to the plan with respect to any alterations of the property or demolition or removal of buildings or structures on the property, and is not subject to section 30 or to sections 33 to 34.4.

Same

(2.4)  If the owner of a property referred to in subsection (2.3) intends to alter or permit alterations to the interior of a building or structure on the property, the owner shall comply with the requirements of section 33.

(2)  Subsection 41 (5) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

If no notice of appeal

(5)  If no notice of appeal is given to the clerk within the time period specified in subsection (4),

(a) the by-law comes into force on the day following the last day of the period; and

(b) the clerk shall ensure that a copy of the by-law is registered against the properties affected by the by-law in the appropriate land registry office.

(3)  Subsection 41 (8) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is amended by striking out “or” at the end of clause (c), by adding “or” at the end of clause (d) and by adding the following clause:

(e) the appellant has not participated in the public process for the adoption of the relevant heritage conservation district plan under section 41.1 by either making an oral submission at a public meeting or by submitting written submissions to the council of the municipality and the Board believes there is no reasonable explanation for failing to do so.

(4)  Section 41 of the Act, as amended by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is amended by adding the following subsection:

Registration of by-law

(10.1)  The clerk of a municipality shall ensure that a copy of the by-law made under this section is registered in the appropriate land registry office promptly after it comes into force.

31.  The Act is amended by adding the following sections:

Heritage conservation district plans

41.1  (1)  A by-law under section 41 designating one or more heritage conservation districts in a municipality shall adopt a heritage conservation district plan for each district that is designated in the by-law.

Same, where district already designated

(2)  If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, the council of a municipality had passed a by-law designating one or more heritage conservation districts, it may pass a by-law adopting a heritage conservation district plan for any one of the designated districts.

Notice

(3)  If the council of a municipality passes a by-law adopting a heritage conservation district plan under subsection (2), the council shall cause notice of the by-law,

(a) to be served on each owner of property located in the heritage conservation district and on the Trust; and

(b) to be published in a newspaper having general circulation in the municipality.

Application

(4)  Subsections 41 (4) to (10) apply with necessary modifications to a by-law passed under subsection (2).

Content of plan

(5)  A heritage conservation district plan shall include,

(a) a statement of the objectives to be achieved in designating the area as a heritage conservation district;

(b) a statement explaining the cultural heritage value or interest of the heritage conservation district;

(c) a description of the heritage attributes of the heritage conservation district and of properties in the district;

(d) policy statements, guidelines and procedures for achieving the stated objectives and managing change in the heritage conservation district; and

(e) a description of the alterations or classes of alterations that are minor in nature and that the owner of property in the heritage conservation district may carry out or permit to be carried out on any part of the property, other than the interior of any structure or building on the property, without obtaining a permit under section 42.

Consultation

(6)  Before a by-law adopting a heritage conservation district plan is made by the council of a municipality under subsection 41 (1) or under subsection (2), the council shall ensure that,

(a) information relating to the proposed heritage conservation district plan, including a copy of the plan, is made available to the public;

(b) at least one public meeting is held with respect to the proposed heritage conservation district plan; and

(c) if the council of the municipality has established a municipal heritage committee under section 28, the committee is consulted with respect to the proposed heritage conservation district plan.

Notice of public meeting

(7)  The clerk of a municipality shall give notice of a public meeting to discuss a proposed heritage conservation district plan in such manner as the council of the municipality determines is appropriate and to such persons and bodies the council believes may have an interest in the plan.

Time of public meeting

(8)  The public meeting shall take place 20 days after notice is given under subsection (7) or at such later time as may be specified in the notice.

Oral representations

(9)  Any person attending the public meeting shall be given an opportunity to make oral representations with respect to the plan.

Information provided at meeting

(10)  The council of a municipality shall ensure that information is provided to persons attending a public meeting explaining that, in accordance with subsection 41 (8), a person who does not raise objections to the adoption of a proposed heritage conservation district plan by making oral representations under subsection (9) or written submissions under subsection (11) may be later denied an opportunity to appeal the passing of a by-law adopting the plan under subsection 41 (1) or under subsection (2).

Written submissions

(11)  Any person or body may make written submissions with respect to a proposed heritage conservation district plan to the council of a municipality at any time before the by-law adopting the plan is made.

Copies of proposed plan available

(12)  The council shall provide copies of a proposed heritage conservation district plan to any person upon request.

Consistency with heritage conservation district plan

41.2  (1)  Despite any other general or special Act, if a heritage conservation district plan is in effect in a municipality, the council of the municipality shall not,

(a) carry out any public work in the district that is contrary to the objectives set out in the plan; or

(b) pass a by-law for any purpose that is contrary to the objectives set out in the plan.

Conflict

(2)  In the event of a conflict between a heritage conservation district plan and a municipal by-law that affects the designated district, the plan prevails to the extent of the conflict, but in all other respects the by-law remains in full force.

32.  (1)  Subsection 42 (1) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, and subsection 42 (2) of the Act, as enacted by 2002, chapter 18, Schedule F, section 2, are repealed and the following substituted:

Erection, demolition, etc.

(1)  No owner of property situated in a heritage conservation district that has been designated by a municipality under this Part shall do any of the following, unless the owner obtains a permit from the municipality to do so:

1. Alter, or permit the alteration of, any part of the property, other than the interior of any structure or building on the property.

2. Erect, demolish or remove any building or structure on the property or permit the erection, demolition or removal of such a building or structure.

Exception

(2)  Despite subsection (1), the owner of a property situated in a designated heritage conservation district may, without obtaining a permit from the municipality, carry out such minor alterations or classes of alterations as are described in the heritage conservation district plan in accordance with clause 41.1 (5) (e) to any part of the property in respect of which a permit would otherwise be required under subsection (1).

Application for permit

(2.1)  The owner of property situated in a designated heritage conservation district may apply to the municipality for a permit to alter any part of the property other than the interior of a building or structure on the property or to erect, demolish or remove a building or structure on the property.

Content of application

(2.2)  An application under this section shall include such information as the council of the municipality may require.

(2)  Subsection 42 (3) of the Act, as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is amended by striking out “under subsection (1)” and substituting “under this section”.

(3)  Subsection 42 (4) of the Act, as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

Decision of council

(4)  Within 90 days after the notice of receipt is served on the applicant under subsection (3) or within such longer period as is agreed upon by the applicant and the council, the council may give the applicant,

(a) the permit applied for;

(b) notice that the council is refusing the application for the permit; or

(c) the permit applied for, with terms and conditions attached.

Consultation

(4.1)  If the council of a municipality has established a municipal heritage committee under section 28, the council shall, before taking any action under subsection (4) with respect to an application to demolish or remove any building or structure on property in a heritage conservation district, consult with its municipal heritage committee.

(4)  Subsection 42 (6) of the Act, as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

Appeal to Board

(6)  If the council refuses the permit applied for or gives the permit with terms and conditions attached, the owner of the property may appeal to the Board.

(5)  Subsections 42 (10), (11), (12) and (13) of the Act, as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, are repealed and the following substituted:

Transition

(10)  If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, an owner of property situated in a designated heritage conservation district had applied to a municipality for a permit to demolish or remove a building or structure on the property and no decision had been made by the council of the municipality as of that day,

(a) the council’s decision shall be made in accordance with subsection (4), as amended by subsection 32 (3) of the Ontario Heritage Amendment Act, 2005; and

(b) subsections (10) and (12), as they read immediately before the day Ontario Heritage Amendment Act, 2005 received Royal Assent, do not apply if the council decides to refuse the application.

Same

(11)  If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, an owner of property situated in a designated heritage conservation district had applied to a municipality for a permit to demolish or remove a building or structure on the property and the council of the municipality had refused the application under subsection (4), then, even though 180 days had elapsed since the date of the council’s decision and the owner had complied with the requirements of clause (10) (b) or (12) (b), as they read immediately before that day,

(a) subsections (10) and (12), as they read immediately before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, do not apply with respect to the refusal of the application; and

(b) the owner shall not demolish or remove the building or structure on the property.

Same, exception

(12)  Despite subsections (10) and (11), if, on the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, a situation described in subsection (11) existed and the owner of the property had not only prepared the property for the demolition or removal of a building or structure but was in the course of demolishing or removing the building or structure, then,

(a) subsections (10) and (12), as they read immediately before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, continue to apply to the refusal of the application;

(b) the owner may continue the demolition or removal of the property; and

(c) section 43, as it read immediately before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, continues to apply to the application.

Transition, appeal to Board

(13)  Within 90 days of the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, the owner of property situated in a heritage conservation district designated under section 41 who, before that day, had been refused an application to demolish or remove a building or structure from the property under subsection (4) by the council of a municipality, may appeal the decision to the Board if,

(a) the owner has lost his right to demolish or remove the building or structure 180 days after the day the council of the municipality refused the application under subsection (4) by virtue of subsection (11); and

(b) subsection (12) does not apply to the application.

Notice of appeal

(14)  An owner of property who wishes to appeal the decision of the council of a municipality under subsection (13) shall, within 90 days of the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, give notice of appeal to the Board and to the clerk of the municipality.

Application

(15)  Subsections (7) and (8) apply with necessary modification to an appeal under this section.

(6)  Section 42 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is amended by adding the following subsections:

Delegation

(16)  The council of a municipality may delegate by by-law its power to grant permits for the alteration of property situated in a heritage conservation district designated under this Part to an employee or official of the municipality if the council has established a municipal heritage committee and consulted with it before the delegation.

Same

(17)  A by-law under subsection (16) may specify the alterations or classes of alterations in respect of which power to grant permits is delegated to the employee or official of the municipality.

33.  Sections 43 and 44 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, are repealed.

34.  The Act is amended by adding the following section:

Building standards by-law

45.1  (1)  If a by-law passed under section 15.1 of the Building Code Act, 1992 setting out standards for the maintenance of property in the municipality is in effect in a municipality, the council of the municipality may, by by-law,

(a) prescribe minimum standards for the maintenance of the heritage attributes of property situated in a heritage conservation district designated under this Part; and

(b) require property that is situated in a heritage conservation district designated under this Part and that does not comply with the standards to be repaired and maintained to conform with the standards.

Application

(2)  Sections 15.2, 15.3, 15.4, 15.5 and 15.8 of the Building Code Act, 1992 apply with necessary modifications to the enforcement of a by-law made under subsection (1).

35.  Subsection 48 (1) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is amended by adding the following paragraph:

3. With respect to a marine archaeological site that is prescribed by regulation,

i. Dive within 500 metres of the site or within such other distance of the site as may be prescribed by regulation.

ii. Operate any type of submersible vehicle, including remotely operated vehicles, autonomous underwater vehicles, submarines or towed survey equipment such as side scan sonars or underwater cameras within 500 metres of the site or within such other distance of the site as may be prescribed by regulation.

36.  Subsections 49 (6) and (7) of the Act are repealed and the following substituted:

Place of hearing

(6)  A hearing under subsection (5) shall be held at such place as the Review Board may determine.

37.  The Act is amended by adding the following sections:

Appointment of inspectors

51.1  (1)  The Deputy Minister may appoint inspectors for the purposes of carrying out inspections under section 51.2.

Certificate of appointment

(2)  The Deputy Minister shall issue to every inspector a certificate of appointment bearing his or her signature or a facsimile of his or her signature.

Production of certificate

(3)  An inspector conducting an inspection under section 51.2 shall produce his or her certificate of appointment upon request.

Inspection

51.2  (1)  An inspector may conduct an inspection for the purpose of ensuring that a person licensed under section 48 is complying with the Act and the regulations and remains entitled to a licence under the Act.

Power of entry

(2)  An inspector conducting an inspection may enter and inspect any of the following places:

1. An archaeological site or any other land on which a licensee is carrying out archaeological fieldwork.

2. An archaeological site or any other land on which archaeological fieldwork is no longer being carried out but was carried out by a licensee within the one-year period preceeding the inspection.

3. A laboratory at which artifacts and other materials found on an archaeological site are analysed.

4. A building or structure in which the licensee stores artifacts and other materials found at an archaeological site.

5. A licensee’s business premises.

Dwellings

(3)  An inspector entering a place under subsection (2) shall not enter any part of the place that is used as a dwelling without the consent of the occupant.

Powers of inspector

(4)  While carrying out an inspection, an inspector may,

(a) take up and examine any artifact, device, article, thing or material;

(b) require a person at the place being inspected to produce any artifact, drawing, field notes, specifications, licence, document, record, report, photograph, video or other visual recording or any other material or thing that is relevant to the inspection and examine, audit or make copies of such material or things;

(c) upon giving a receipt therefore, remove, for the purpose of making copies or extracts, any material or thing referred to in clause (b);

(d) conduct tests at the place being inspected or take samples from the place, including tests conducted on, or samples taken from, artifacts found at the place;

(e) require in writing that any test or sample referred to in clause (d) be conducted or taken by a person specified by the inspector, including a person having special, expert or professional knowledge or qualifications accompanying the inspector under subsection (6);

(f) require the person conducting or taking tests or samples to provide a report to the inspector within such time as the inspector may specify;

(g) take photographs, video or other visual recording, make acoustic recordings or make notes of the field or site conditions, of the conditions of any other place being inspected or of the artifacts or materials found at the place and take with him or her such equipment or recording materials required for this purpose;

(h) make such inquiries of any person working at the place being inspected as are relevant to the inspection;

(i) observe on-going field work being carried out on an archaeological site or on other lands on which archaeological fieldwork is carried out or observe laboratory work taking place in a laboratory;

(j) prohibit persons from entering an archaeological site or other lands on which archaeological fieldwork is carried out, a laboratory or storage area or parts thereof for a reasonable period of time for the purposes of carrying out an examination, excavation or test.

Return of things removed

(5)  An inspector who removes any material or other thing from a place under clause (4) (c) shall return them to the licensee from whom they were taken within a reasonable time.

Experts, etc.

(6)  An inspector entering premises under subsection (2) may be accompanied by a person having special, expert or professional knowledge of any matter relevant to the inspection.

Use of force

(7)  An inspector is not entitled to use force to enter and inspect a place.

Time of entry

(8)  An inspector may enter a place referred to in subsection (2),

(a) in the case of a place referred to in paragraphs 2, 3, 4 and 5 of subsection (2), during normal business hours; and

(b) in the case of a place referred to in paragraph 1 of subsection (2), at any time at which archaeological fieldwork is being carried out.

Obstruction of inspector

(9)  No person shall obstruct an inspector conducting an inspection under this section or withhold from him or her or conceal or destroy any artifact, document, material or thing that is relevant to the inspection.

Obligation to assist

(10)  Any person shall, on request by an inspector, provide such assistance as is reasonably necessary.

Obligation to produce

(11)  A person who is required to produce an artifact, document, material or thing under clause (4) (b) shall produce it.

False information

(12)  No person shall knowingly furnish an inspector with false information or neglect or refuse to furnish information to an inspector.

Report by inspector

51.3  If an inspector believes that a person licensed under section 48 has failed to comply with the Act, the regulations or a term of the licence, the inspector shall prepare a report and provide a copy of the report to the Minister and to the licensee.

38.  Subsection 52 (10) of the Act is repealed.

39.  Subsection 55 (8) of the Act is repealed.

40.  Subsection 58 (7) of the Act is repealed.

41.  (1)  Subsection 65 (1) of the Act, as amended by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

Reports

(1)  When so required by the Minister, a licensee shall file with the Minister a report, containing full details of work done under the licence and such other information as the Minister may require.

(2)  Subsection 65 (3) of the Act, as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed and the following substituted:

Form and manner

(3)  A report under subsection (1) and particulars under subsection (2) shall be filed with the Minister in such form and manner as the Minister may require.

42.  The Act is amended by adding the following section:

Provincial register

65.1  (1)  The Minister shall establish and maintain a register of the reports referred to in subsection 65 (1).

Excluding information from register

(2)  The Minister may exclude from a record that is entered in the register information relating to the location of an archaeological site.

Inspection

(3)  The register shall be available for inspection by any person during regular business hours at such location as may be prescribed.

43.  The Act is amended by adding the following sections:

No rehearing by Board, etc.

68.1  (1)  Despite section 43 of the Ontario Municipal Board Act, the Board shall not,

(a) rehear any application made to it under this Act, subject to subsection (2); or

(b) review, rescind, change, alter or vary any decision, approval or order made by it under this Act.

Where rehearing allowed

(2)  The Board may rehear an application made to it under this Act if,

(a) the application was first heard by a two-person panel; and

(b) the two-person panel was unable to agree to a decision.

Non-application

(3)  Section 95 of the Ontario Municipal Board Act does not apply to a decision or order made by the Board under this Act.

Non-application

68.2  Section 21.2 of the Statutory Powers Procedure Act does not apply to a decision or order made by the Board under this Act.

No compensation

68.3  (1)  Except as may be provided under this Act, no owner of property or other person is entitled to compensation in respect of any designation, order or decision made by a municipality, the Minister, Review Board or Board under this Act.

No expropriation or injurious affection

(2)  Nothing done or not done in accordance with this Act or the regulations under it constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

44.  (1)  Subsection 69 (2.1) of the Act, as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed.

(2)  Section 69 of the Act, as amended by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is amended by adding the following subsection:

Exception

(3)  Despite subsections (1) and (2), if a person is convicted of the offence of contravening section 34 or 34.5, demolishing or removing a building or structure in contravention of section 42 or contravening subsection 48 (1) or if a director or officer of a corporation is convicted of knowingly concurring in such an act by the corporation, the maximum fine that may be imposed is $1,000,000.

(3)  Subsection 69 (4) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is repealed.

45.  (1)  Section 70 of the Act, as amended by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is amended by adding the following clauses:

(i) prescribing public bodies for the purposes of Part III.1;

(j) prescribing criteria for the purposes of clause 29 (1) (a);

(k) prescribing criteria for the purposes of clause 34.5 (1) (a);

(l) prescribing marine archaeological sites for the purposes of paragraph 3 of subsection 48 (1);

(m) prescribing the alternate distance from a marine archaeological site for the purposes of subparagraphs 3 i and ii of subsection 48 (1) and prescribing the circumstances in which the alternate distance applies;

(n) prescribing locations for the purposes of subsection 65.1 (3).

(2)  Section 70 of the Act, as amended by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, is amended by adding the following subsection:

Same

(2)  A regulation under clause (1) (j) may provide such transitional rules as are necessary in order to bring the criteria into force, including providing for different rules or criteria to apply to properties that were designated at different times under section 29 or to properties in respect of which notice of intention to designate the properties was issued at different times under section 29.

Commencement

46.  This Act comes into force on the day it receives Royal Assent.

Short title

47.  The short title of this Act is the Ontario Heritage Amendment Act, 2005.

Franšais

Explanatory Note

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