[37] Bill 99 Original (PDF)
Bill 99 2001
An Act to amend the Ontario Heritage Act to promote the conservation of buildings of historic or architectural value
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 34 of the Ontario Heritage Act is repealed and the following substituted:
Application for demolition
34. (1) No owner of property designated under this Part shall demolish or remove any building or structure on the property or permit its demolition or removal unless the owner first applies to the council of the municipality in which the property is situated and receives its consent in writing.
Decision of council
(2) The council, after consultation with its local advisory committee, if any, shall consider the application and, within 90 days after receiving it,
(a) consent to the application; or
(b) refuse the application and prohibit any work to demolish or remove any building or structure on the property.
Notice
(3) The council shall cause notice of its decision to be given to the owner and to the Foundation and to be published in a newspaper having general circulation in the municipality.
Appeal
(4) The owner may appeal to the Review Board within 30 days after receiving written notice of the council's decision.
Same
(5) The Review Board shall hear the appeal and,
(a) dismiss it; or
(b) direct that the permit be issued, with or without conditions as specified in the Review Board's order.
Decision final
(6) The Review Board's decision is final.
2. Part IV of the Act is amended by adding the following section:
Financial assistance
39.1 The Minister of Finance shall consider the advisability of providing financial assistance to owners of property designated under this Part who keep the heritage aspects of the property in a good state of repair.
3. Clause 42 (c) of the Act is repealed.
4. Section 44 of the Act is repealed and the following substituted:
Appeal re application under s. 43
44. (1) Where an application under section 43 is refused, the council fails to make a decision on the application within the period provided for in section 43 or the council consents to the application but attaches conditions to the permit, the applicant may appeal to the Review Board within 30 days after,
(a) the applicant receives written notice of the council's decision; or
(b) the period provided for in section 43 passes without council making a decision.
Same
(2) The Review Board shall hear the appeal and,
(a) dismiss it; or
(b) direct that the permit be issued, with or without conditions as specified in the Review Board's order.
Decision final
(3) The Review Board's decision is final.
5. Section 45 of the Act is amended by striking out "Sections 36, 37, 38 and 39" and substituting "Sections 36, 37, 38, 39 and 39.1".
Transition
6. (1) Section 34 of the Act, as re-enacted by section 1 of this Act, applies in respect of applications for demolition that are made on or after the day this Act comes into force.
(2) Section 44 of the Act, as re-enacted by section 4 of this Act, applies in respect of applications under section 43 that are made on or after the day this Act comes into force.
Commencement
7. This Act comes into force on the day it receives Royal Assent.
Short title
8. The short title of this Act is the Save Our Architectural Heritage Act, 2001.
EXPLANATORY NOTE
The Bill makes the following amendments to the Ontario Heritage Act:
1. Municipal councils are given power to prohibit the demolition of buildings that have been designated under Part IV (Conservation of Buildings of Historic or Architectural Value) and the demolition of buildings in areas designated under Part V (Heritage Conservation Districts). Currently, the Act merely allows councils to delay demolition for 180 days.
2. The council's decision may be appealed to the Conservation Review Board.
A provision dealing with financial assistance for owners of heritage property is also included.