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Ontario Heritage Act

R.S.O. 1990, CHAPTER O.18

Consolidation Period: From August 20, 2007 to the e-Laws currency date.

Last amendment: 2006, c. 35, Sched. C, s. 99.

SKIP TABLE OF CONTENTS

CONTENTS

Definitions

1.  In this Act,

“alter” means to change in any manner and includes to restore, renovate, repair or disturb and “alteration” has a corresponding meaning; (“transformer”, “transformation”)

“Board” means the Ontario Municipal Board; (“Commission”)

“building permit” means a building permit issued under section 8 of the Building Code Act, 1992; (“permis de construire”)

“donation” includes any gift, testamentary disposition, deed or trust or other form of contribution; (“don”)

“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”)

“inspect” includes to survey, photograph, measure and record; (“inspecter”)

“licence” means a licence issued under this Act; (“licence”)

“Minister” means the member of the Executive Council to whom the administration of this Act is assigned by the Lieutenant Governor in Council; (“ministre”)

“municipality” means a local municipality and includes a band under the Indian Act (Canada) that is permitted to control, manage and expend its revenue money under section 69 of that Act; (“municipalité”)

“owner” means the person registered on title in the proper land registry office as owner; (“propriétaire”)

“permit” means a permit issued under this Act; (“permis”)

“person” includes a municipality; (“personne”)

“regulations” means the regulations made under this Act; (“règlements”)

“Review Board” means the Conservation Review Board; (“Commission de révision”)

“Trust” means the Ontario Heritage Trust continued under section 5. (“Fiducie”) R.S.O. 1990, c. O.18, s. 1; 1993, c. 27, Sched.; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. F, s. 2 (1, 2); 2005, c. 6, s. 2.

PART I
HERITAGE CONSERVATION, PROTECTION AND PRESERVATION

Administration of Act

2.  The Minister is responsible for the administration of this Act and may determine policies, priorities and programs for the conservation, protection and preservation of the heritage of Ontario. R.S.O. 1990, c. O.18, s. 2.

Employees

3.  Such employees as are considered necessary for the administration of this Act may be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 99.

PART II
ONTARIO HERITAGE TRUST

Definition, Part II

4.  In this Part,

“property” means real and personal property. R.S.O. 1990, c. O.18, s. 4.

Ontario Heritage Trust

5.  (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. 2005, c. 6, s. 4 (1).

Composition of Trust

(2)  The Trust shall consist of a board of directors of not fewer than 12 persons who shall be appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. O.18, s. 5 (2); 1997, c. 34, s. 2; 2005, c. 6, s. 1.

Board to manage affairs of Trust

(3)  The board of directors shall manage and conduct the affairs of the Trust. R.S.O. 1990, c. O.18, s. 5 (3); 2005, c. 6, s. 1.

Chair

(4)  The Lieutenant Governor in Council shall designate one of the directors to be the chair and one or more of them to be vice-chair or vice-chairs of the board of directors. R.S.O. 1990, c. O.18, s. 5 (4).

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. 2005, c. 6, s. 4 (2).

Quorum

(6)  A majority of the directors constitutes a quorum. R.S.O. 1990, c. O.18, s. 5 (6).

Vacancy

(7)  Where a vacancy occurs for any reason in the office of director, the vacancy may be filled by appointment by the Lieutenant Governor in Council and a person so appointed shall hold office for the remainder of the term of his or her predecessor. R.S.O. 1990, c. O.18, s. 5 (7); 1993, c. 27, Sched.

Non-application of Corporations Act

6.  The Corporations Act does not apply to the Trust. R.S.O. 1990, c. O.18, s. 6; 2005, c. 6, s. 1.

Objects of Trust

7.  The objects of the Trust are,

(a) to advise and make recommendations to the Minister on any matter relating to the conservation, protection and preservation of the heritage of Ontario;

(b) to receive, acquire and hold property in trust for the people of Ontario;

(c) to support, encourage and facilitate the conservation, protection and preservation of the heritage of Ontario;

(d) to preserve, maintain, reconstruct, restore and manage property of historical, architectural, archaeological, recreational, aesthetic, natural and scenic interest;

(e) to conduct research, educational and communications programs necessary for heritage conservation, protection and preservation. R.S.O. 1990, c. O.18, s. 7; 2005, c. 6, ss. 1, 5.

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. 2005, c. 6, s. 6.

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. 2005, c. 6, s. 6.

Powers of Trust

9.  The Trust may advise and make recommendations to the Minister on any matter relating to property of historical, architectural, archaeological, recreational, aesthetic, natural or scenic interest and to advise and assist the Minister in all matters to which this Act refers and in all matters as are assigned to it by or under any Act or regulation thereunder. R.S.O. 1990, c. O.18, s. 9; 2005, c. 6, ss. 1, 7.

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. 2005, c. 6, s. 8.

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. 2005, c. 6, s. 8.

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. 2005, c. 6, s. 8.

Crown agency

11.  (1)  The Trust is, for all purposes of this Act, an agent of Her Majesty in right of Ontario, and its powers under this Act may be exercised only as an agent of Her Majesty in right of Ontario. R.S.O. 1990, c. O.18, s. 11 (1); 2005, c. 6, s. 1.

Property

(2)  Property acquired by the Trust is the property of Her Majesty in right of Ontario and title thereto may be vested in the name of Her Majesty in right of Ontario or in the name of the Trust. R.S.O. 1990, c. O.18, s. 11 (2); 2005, c. 6, s. 1.

General fund

12.  (1)  The Trust shall maintain a fund, hereinafter called the “general fund”, which shall, subject to section 13, consist of money received by it from any source, including grants made under section 17. R.S.O. 1990, c. O.18, s. 12 (1); 2005, c. 6, s. 1.

Operating expenditures

(2)  The Trust may, subject to any conditions attached to money comprising the general fund, disburse, expend or otherwise deal with any of its general fund for the purposes of any of the objects of the Trust and to defray any expenses in connection therewith. R.S.O. 1990, c. O.18, s. 12 (2); 2005, c. 6, s. 1.

Reserve fund

13.  (1)  The Trust shall maintain a reserve fund, which shall consist of money received by the Trust expressly for allocation thereto. R.S.O. 1990, c. O.18, s. 13 (1); 2005, c. 6, s. 1.

Income

(2)  The income of the reserve fund, or any part thereof, may be paid into and form part of the general fund. R.S.O. 1990, c. O.18, s. 13 (2).

Capital expenditures

(3)  The Trust shall not expend any of the capital of its reserve fund, except for investment under clause 10 (1) (i), without the consent of the Lieutenant Governor in Council. R.S.O. 1990, c. O.18, s. 13 (3); 2005, c. 6, s. 1.

No remuneration for board members

14.  (1)  The members of the board of directors of the Trust shall serve without remuneration but they shall be reimbursed for proper and reasonable travelling and other expenses incurred in the work of the Trust. 1997, c. 34, s. 3; 2005, c. 6, s. 1.

Same

(2)  Except as provided by subsection (1), a person who is a member of the board of directors shall not receive, directly or indirectly, any compensation or benefit from the Trust for any service provided to the Trust or pursuant to any contract with the Trust. 1997, c. 34, s. 3; 2005, c. 6, s. 1.

Exemption from taxation

15.  The Trust, its real and personal property and business and income are exempt from all assessment and taxation made, imposed or levied by or under the authority of any Act of the Legislature, but this section does not apply to any property of the Trust while leased under clause 10 (1) (g) to a person or organization not registered as a charitable organization under the Income Tax Act (Canada). R.S.O. 1990, c. O.18, s. 15; 2004, c. 16, Sched. D, Table; 2005, c. 6, s. 1.

Audit

16.  The accounts and financial transactions of the Trust shall be audited annually by the Auditor General. R.S.O. 1990, c. O.18, s. 16; 2004, c. 17, s. 32; 2005, c. 6, s. 1.

Grants

17.  The Minister may make grants to the Trust at such times, in such amounts and upon such terms and conditions as he or she considers advisable and may allocate any grants so made to the general fund or reserve fund. R.S.O. 1990, c. O.18, s. 17; 2005, c. 6, s. 1.

Guarantee of loans

18.  Upon the recommendation of the Minister, the Lieutenant Governor in Council may, upon such terms as the Lieutenant Governor in Council considers proper, agree to guarantee and may guarantee the payment of any loan to the Trust, or any part thereof, together with interest thereon, borrowed for the purpose of carrying out the objects of the Trust. R.S.O. 1990, c. O.18, s. 18; 2005, c. 6, s. 1.

Form of guarantee

19.  The form and manner of the guarantee shall be such as the Lieutenant Governor in Council approves, and the guarantee shall be signed by the Treasurer of Ontario or such other officer or officers as are designated by the Lieutenant Governor in Council, and, upon being so signed, Ontario is liable for the payment of the loan or part thereof and interest thereon guaranteed according to the terms of the guarantee. R.S.O. 1990, c. O.18, s. 19.

Payment of guarantee

20.  The Lieutenant Governor in Council may make arrangements for supplying the money necessary to fulfil the requirements of any guarantee and to advance the amount necessary for that purpose out of the public funds of the Province of Ontario. R.S.O. 1990, c. O.18, s. 20.

Annual report and other reports

21.  (1)  The Trust shall make a report annually to the Minister upon the affairs of the Trust, and the Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. O.18, s. 21 (1); 2005, c. 6, s. 1.

Reports

(2)  The Trust shall make such further reports to the Minister as the Minister from time to time may require. R.S.O. 1990, c. O.18, s. 21 (2); 2005, c. 6, s. 1.

Easements and covenants

22.  (1)  Any easement or covenant entered into by the Trust may be registered against the real property affected in the proper land registry office. R.S.O. 1990, c. O.18, s. 22 (1); 2005, c. 6, s. 1.

Idem

(2)  Where an easement or covenant is registered against real property under subsection (1), such easement or covenant shall run with the real property and the Trust may enforce such easement or covenant, whether positive or negative in nature, against the owner or any subsequent owners of the real property and the Trust may enforce such easement or covenant even where it owns no other land which would be accommodated or benefited by such easement or covenant. R.S.O. 1990, c. O.18, s. 22 (2); 2005, c. 6, s. 1.

Assignment

(3)  Any easement or covenant entered into by the Trust under subsection (1) may be assigned to any person and such easement or covenant shall continue to run with the real property, and the assignee may enforce the easement or covenant as if it were the Trust and it owned no other land which would be accommodated or benefited by such easement or covenant. R.S.O. 1990, c. O.18, s. 22 (3); 2005, c. 6, s. 1.

Conflict

(4)  Where there is a conflict between an easement or covenant entered into by the Trust and section 33 or 34, the easement or covenant shall prevail. R.S.O. 1990, c. O.18, s. 22 (4); 2005, c. 6, s. 1.

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. 2005, c. 6. s. 9.

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. 2005, c. 6. s. 10.

PART III
CONSERVATION REVIEW BOARD

Review Board

24.  (1)  The Review Board known as the Conservation Review Board is continued under the name Conservation Review Board in English and Commission des biens culturels in French, and shall consist of not fewer than five persons appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. O.18, s. 24 (1); 2005, c. 6, s. 11 (1).

(2)  Repealed: 2006, c. 34, s. 37.

Chair

(3)  The Lieutenant Governor in Council shall appoint one of the members of the Review Board as chair and another of the members as vice-chair. R.S.O. 1990, c. O.18, s. 24 (3).

Quorum

(4)  One member of the Review Board constitutes a quorum. R.S.O. 1990, c. O.18, s. 24 (4).

Remuneration and expenses

(5)  The members of the Review Board shall be paid such remuneration and expenses as the Lieutenant Governor in Council determines. R.S.O. 1990, c. O.18, s. 24 (5).

Professional assistance

(6)  Subject to the approval of the Minister, the Review Board may engage persons to provide professional, technical or other assistance to the Review Board. R.S.O. 1990, c. O.18, s. 24 (6).

Hearings

(7)  The Review Board shall hold such hearings and perform such other duties as are assigned to it by or under this or any other Act or regulation thereunder. R.S.O. 1990, c. O.18, s. 24 (7).

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. 2005, c. 6, s. 11 (2).

Expenditures

25.  The money required for the purposes of the Review Board shall be paid out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. O.18, s. 25.

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. 2005, c. 6, s. 12.

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. 2005, c. 6, s. 12.

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. 2005, c. 6, s. 12.

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. 2005, c. 6, s. 13.

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). 2005, c. 6, s. 13.

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). 2005, c. 6, s. 13.

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). 2005, c. 6, s. 13.

Approval

(5)  The heritage standards and guidelines prepared by the Minister shall be approved by the Lieutenant Governor in Council. 2005, c. 6, s. 13.

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). 2005, c. 6, s. 13.

Not a regulation

(7)  The heritage standards and guidelines approved under this section are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2005, c. 6, s. 13; 2006, c. 21, Sched. F, s. 136 (1).

Application

25.3  Section 37 applies with necessary modifications to property to which this Part applies. 2005, c. 6, s. 13.

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. 2005, c. 6, s. 14.

Same

(2)  In sections 27 to 34.4,

“designated property” means property designated by a municipality under section 29. 2005, c. 6, s. 14.

Publication of notice, City of Toronto

(3)  Where the City of Toronto is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the City under section 212 of the City of Toronto Act, 2006 is deemed to satisfy the requirement of this Part to publish notice in a newspaper. 2006, c. 11, Sched. B, s. 11 (1).

Publication of notice

(4)  Where a municipality is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy the requirement of this Part to publish notice in a newspaper. 2006, c. 32, Sched. D, s. 13 (1).

Application

26.1  (1)  This Part does not apply to property described in clause 25.2 (2) (a). 2005, c. 6, s. 14.

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. 2005, c. 6, s. 14.

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). 2005, c. 6, s. 14.

Register and Municipal Heritage Committee

Register

27.  (1)  The clerk of a municipality shall keep a register of property situated in the municipality that is of cultural heritage value or interest. 2005, c. 6, s. 15.

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. 2005, c. 6, s. 15.

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. 2005, c. 6, s. 15.

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. 2005, c. 6, s. 15.

Extracts

(2)  The clerk of a municipality shall issue extracts from the Register referred to in subsection (1) to any person on payment of the fee set by the municipality by by-law. R.S.O. 1990, c. O.18, s. 27 (2); 2002, c. 18, Sched. F, s. 2 (6).

Restriction on demolition, etc.

(3)  If property included in the register under subsection (1.2) has not been designated under section 29, the owner of the property shall not demolish or remove a building or structure on the property or permit the demolition or removal of the building or structure unless the owner gives the council of the municipality at least 60 days notice in writing of the owner’s intention to demolish or remove the building or structure or to permit the demolition or removal of the building or structure. 2006, c. 11, Sched. B, s. 11 (2).

Same

(4)  Subsection (3) applies only if the property is included in the register under subsection (1.2) before any application is made for a permit under the Building Code Act, 1992 to demolish or remove a building or structure located on the property. 2006, c. 11, Sched. B, s. 11 (2).

Same

(5)  The notice required by subsection (3) shall be accompanied by such plans and shall set out such information as the council may require. 2006, c. 11, Sched. B, s. 11 (2).

Municipal heritage committee

28.  (1)  The council of a municipality may by by-law establish a municipal heritage committee to advise and assist the council on matters relating to this Part, matters relating to Part V and such other heritage matters as the council may specify by by-law. 2002, c. 18, Sched. F, s. 2 (7).

Members

(2)  The committee shall be composed of not fewer than five members appointed by the council. 2002, c. 18, Sched. F, s. 2 (7).

Continuation of old committees

(3)  Every local architectural conservation advisory committee established by the council of a municipality before the day subsection 2 (7) of Schedule F to the Government Efficiency Act, 2002 comes into force is continued as the municipal heritage committee of the municipality, and the persons who were the members of the local architectural conservation advisory committee immediately before that day become the members of the municipal heritage committee. 2002, c. 18, Sched. F, s. 2 (7).

Designation of Properties by Municipalities

Designation by municipal by-law

29.  (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. 2005, c. 6, s. 17 (1).

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). 2005, c. 6, s. 17 (1).

Consultation

(2)  Where the council of a municipality has appointed a municipal heritage committee, the council shall, before giving notice of its intention to designate a property under subsection (1), consult with its municipal heritage committee. R.S.O. 1990, c. O.18, s. 29 (2); 2002, c. 18, Sched. F, s. 2 (9).

Notice of intention

(3)  Notice of intention to designate under subsection (1) shall be,

(a) served on the owner of the property and on the Trust; and

(b) published in a newspaper having general circulation in the municipality. R.S.O. 1990, c. O.18, s. 29 (3); 2005. c. 6. s. 1.

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). 2005, c. 6, s. 17 (2).

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). 2005, c. 6, s. 17 (2).

Objection

(5)  A person who objects to a proposed designation shall, within thirty days after the date of publication of the notice of intention in a newspaper having general circulation in the municipality, serve on the clerk of the municipality a notice of objection setting out the reason for the objection and all relevant facts. R.S.O. 1990, c. O.18, s. 29 (5); 1996, c. 4, s. 55 (2).

If no notice of objection

(6)  If no notice of objection is served within the 30-day period under subsection (5), the council,

(a) shall,

(i) pass a by-law designating the property,

(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

(iii) publish notice of the by-law in a newspaper having general circulation in the municipality; 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 and on the Trust, and

(ii) to be published in a newspaper having general circulation in the municipality. 2002, c. 18, Sched. F, s. 2 (11); 2005, c. 6, ss. 1, 17 (3).

Referral to Review Board

(7)  Where a notice of objection has been served under subsection (5), the council shall, upon expiration of the thirty-day period under subsection (4), refer the matter to the Review Board for a hearing and report. R.S.O. 1990, c. O.18, s. 29 (7).

Hearing

(8)  Pursuant to a reference by the council under subsection (7), the Review Board, as soon as is practicable, shall hold a hearing open to the public to determine whether the property in question should be designated, and the council, the owner, any person who has filed an objection under subsection (5) and such other persons as the Review Board may specify, are parties to the hearing. R.S.O. 1990, c. O.18, s. 29 (8).

Place of hearing

(9)  A hearing under subsection (8) shall be held at such place in the municipality as the Review Board may determine, and notice of such hearing shall be published in a newspaper having general circulation in the municipality at least ten days prior to the date of such hearing. R.S.O. 1990, c. O.18, s. 29 (9).

Review Board may combine hearings

(10)  The Review Board may combine two or more related hearings and conduct them in all respects and for all purposes as one hearing. R.S.O. 1990, c. O.18, s. 29 (10).

(11)  Repealed: 2005, c. 6, s. 17 (4).

Report

(12)  Within thirty days after the conclusion of a hearing under subsection (8), the Review Board shall make a report to the council setting out its findings of fact, its recommendations as to whether or not the property should be designated under this Part and any information or knowledge used by it in reaching its recommendations, and the Review Board shall send a copy of its report to the other parties to the hearing. R.S.O. 1990, c. O.18, s. 29 (12).

Failure to report

(13)  Where the Review Board fails to make a report within the time limited by subsection (12), such failure does not invalidate the procedure. R.S.O. 1990, c. O.18, s. 29 (13).

Decision of council

(14)  After considering the report under subsection (12), the council, without a further hearing,

(a) shall,

(i) pass a by-law designating the property,

(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

(iii) publish notice of the by-law in a newspaper having general circulation in the municipality; 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 and on the Trust, and

(ii) to be published in a newspaper having general circulation in the municipality. 2002, c. 18, Sched. F, s. 2 (12); 2005, c. 6, ss. 1, 17 (5).

Decision final

(14.1)  The decision of the council under subsection (14) is final. 2002, c. 18, Sched. F, s. 2 (12).

Withdrawal of objection

(15)  A person who has served a notice of objection under subsection (5) 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 and, 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 (6) as if no notice of objection had been served. 1996, c. 4, s. 55 (3).

Transition

(16)  If, on the day subsection 2 (8) of Schedule F to the Government Efficiency Act, 2002 comes into force, the clerk of a municipality has given a notice of intention to designate a property as a property of historic or architectural value or interest but the council has not yet passed a by-law so designating the property and has not withdrawn its notice of intention,

(a) this section does not apply to the notice of intention;

(b) despite its amendment by section 2 of Schedule F to the Government Efficiency Act, 2002, this section, as it read immediately before its amendment, continues to apply to the notice of intention. 2002, c. 18, Sched. F, s. 2 (13).

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. 2005, c. 6, s. 17 (6).

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). 2005, c. 6, s. 18.

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. 2005, c. 6, s. 18.

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. 2005, c. 6, s. 19.

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. 2005, c. 6, s. 19.

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). 2005, c. 6, s. 19.

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. 2005, c. 6, s. 19.

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). 2005, c. 6, s. 19.

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. 2005, c. 6, s. 19.

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). 2005, c. 6, s. 19.

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. 2005, c. 6, s. 19.

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. 2005, c. 6, s. 19.

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. 2005, c. 6, s. 19.

Repeal of designating by-law, council’s initiative

31.  (1)  Subject to subsection (2), where the council of a municipality intends to repeal a by-law or part thereof designating property, it shall cause notice of intention to repeal the by-law or part thereof to be given by the clerk of the municipality in accordance with subsection (3). R.S.O. 1990, c. O.18, s. 31 (1).

Consultation

(2)  Where the council of a municipality has appointed a municipal heritage committee, the council shall, before repealing a by-law or part thereof designating property, consult with its municipal heritage committee. R.S.O. 1990, c. O.18, s. 31 (2); 2002, c. 18, Sched. F, s. 2 (14).

Notice of intention

(3)  Notice of intention to repeal a by-law or part thereof under subsection (1) shall be,

(a) served on the owner of the property and on the Trust; and

(b) published in a newspaper having general circulation in the municipality. R.S.O. 1990, c. O.18, s. 31 (3); 2005, c. 6, s. 1.

Contents of notice

(4)  Notice of intention to repeal a by-law or part thereof under subsection (1) shall contain,

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

(b) a statement of the reason for the proposed repealing by-law; and

(c) a statement that notice of objection to the repealing by-law may be served on the clerk within thirty days of the date of publication of the notice of intention in a newspaper having general circulation in the municipality. R.S.O. 1990, c. O.18, s. 31 (4); 1996, c. 4, s. 56 (1).

Objection

(5)  A person who objects to a proposed repealing by-law shall object to the repealing by-law in the manner set out in subsection 29 (5). R.S.O. 1990, c. O.18, s. 31 (5).

Application

(6)  Subsections 29 (6) to (15) as they apply to an intention to designate a property apply with necessary modifications to an intention to repeal a by-law or part thereof designating a property under this section. R.S.O. 1990, c. O.18, s. 31 (6); 1996, c. 4, s. 56 (2).

Deletion from Register

(7)  Where the council of a municipality passes a by-law repealing the designation of a property under this section, it shall cause the clerk of the municipality to delete any reference to the property from the Register referred to in subsection 27 (1). R.S.O. 1990, c. O.18, s. 31 (7).

Repeal of designating by-law, owner’s initiative

32.  (1)  An owner of property designated under this Part may apply to the council of the municipality in which the property is situate to repeal the by-law or part thereof designating the property. R.S.O. 1990, c. O.18, s. 32 (1).

Decision of council

(2)  After consultation with its municipal heritage committee, where one is established, the council shall consider an application under subsection (1) and within ninety days of receipt thereof 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 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. R.S.O. 1990, c. O.18, s. 32 (2); 2002, c. 18, Sched. F, s. 2 (15); 2005, c. 6, ss. 1, 20 (1).

Extension of time

(3)  The applicant and the council may agree to extend the time under subsection (2) and, where the council fails to notify the applicant of its decision within such extended time as may be agreed upon, the council shall be deemed to have consented to the application. R.S.O. 1990, c. O.18, s. 32 (3).

Application for hearing

(4)  Where the council refuses the application under subsection (2), the owner may within thirty days after receipt of the notice under subsection (2) apply to the council for a hearing before the Review Board. R.S.O. 1990, c. O.18, s. 32 (4).

Referral to Review Board

(5)  The council shall, upon receipt of an application under subsection (4), refer the matter to the Review Board for a hearing and report, and shall publish a notice of the hearing in a newspaper having general circulation in the municipality at least ten days prior to the date of the hearing. R.S.O. 1990, c. O.18, s. 32 (5).

Hearing

(6)  The Review Board shall as soon as is practicable hold a hearing open to the public to review the application, and the council and the owner and such other persons as the Review Board may specify are parties to the hearing. R.S.O. 1990, c. O.18, s. 32 (6).

Place of hearing

(7)  A hearing under subsection (6) shall be held at such place in the municipality as the Review Board may determine. R.S.O. 1990, c. O.18, s. 32 (7).

(8)  Repealed: 2005, c. 6, s. 20 (2).

Report

(9)  Within thirty days after the conclusion of a hearing under subsection (6), the Review Board shall make a report to the council setting out its findings of fact, its recommendations as to whether or not the application should be approved, and any information or knowledge used by it in reaching its recommendations, and shall send a copy of its report to the other parties to the hearing. R.S.O. 1990, c. O.18, s. 32 (9).

Failure to report

(10)  Where the Review Board fails to make a report within the time limited by subsection (9), such failure does not invalidate the procedure. R.S.O. 1990, c. O.18, s. 32 (10).

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. 2005, c. 6, s. 20 (3).

Decision final

(11.1)  A decision made under clause (11) (a) is final. 2005, c. 6, s. 20 (3).

(12)  Repealed: 2005, c. 6, s. 20 (4).

Withdrawal of application

(13)  The owner may withdraw an application made under subsection (4) 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 and, 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 (2) as if no application had been made under subsection (4). 1996, c. 4, s. 57.

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. 2005, c. 6, s. 20 (5).

Content of notice of objection

(15)  A notice of objection shall set out the reason for the objection. 2005, c. 6, s. 20 (5).

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. 2005, c. 6, s. 20 (5).

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. 2005, c. 6, s. 20 (5).

Application

(18)  Subsections 29 (7) to (13) apply with necessary modifications to the hearing and report by the Review Board required under subsection (17). 2005, c. 6, s. 20 (5).

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. 2005, c. 6, s. 20 (5).

Decision final