[37] Bill 124 Original (PDF)
Bill 124 2003
An Act to amend the Ontario Heritage Act
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 occurs in the following provisions and substituting in each case "Trust":
1. Part II, with the exception of,
i. subsection 5 (1),
ii. section 8, in the portion before clause (a), and
iii. section 10.
2. Clause 29 (3) (a).
3. Sub-subclause 29 (6) (a) (ii) (A).
4. Subclause 29 (6) (b) (i).
5. Sub-subclause 29 (14) (a) (ii) (A).
6. Subclause 29 (14) (b) (i).
7. Clauses 31 (3) (a) and 32 (2) (a).
8. Clause 33 (4) (b).
9. Subsection 33 (13).
10. Clauses 34 (2) (b), 34.3 (2) (a) and 41 (3) (a).
11. Subsection 52 (1).
12. Section 54, in the portion before clause (a).
13. Subsection 55 (2), in the portion before clause (a).
14. Subsection 62 (1).
2. (1) The definition of "Foundation" in section 1 of the Act is repealed.
(2) 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. (1) Subsection 5 (1) of the Act is repealed and the following substituted:
Ontario Heritage Trust
(1) The Ontario Heritage Foundation is continued 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(2) Subsection 5 (5) of the Act is repealed and the following substituted: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.
4. 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".
5. Section 8 of the Act is amended by striking out "The directors of the Foundation may, subject to the approval of the Minister, make such by-laws as are necessary for" at the beginning and substituting "The directors of the Trust may make such by-laws as are necessary for".
6. Section 9 of the Act is amended by striking out "aesthetic or scenic interest" and substituting "aesthetic, natural or scenic interest".
7. 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.
8. 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 section 3 of the Ontario Heritage Amendment Act, 2003 comes into force shall be deemed to be a reference to the Ontario Heritage Trust.
9. 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.
10. The Act is amended by adding the following Part:
PART III.1
STANDARDS AND GUIDELINES FOR
PROVINCIAL HERITAGE PROPERTIES
Heritage standards and guidelines
Definition
25.1 (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 organization; or
(b) that is occupied by a ministry or a prescribed public body or organization if the terms of the occupancy agreement are such that the ministry or public body or organization are 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 a cultural heritage value or interest of provincial significance; 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 and prescribed public bodies and organizations.
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 public body or organization 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.
11. The heading immediately before section 26 of the Act and section 26 of the Act are repealed and the following substituted:
Definitions
Definitions
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.
12. The Act is amended by adding the following heading immediately before section 27:
Designation of Properties by Municipalities
13. (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 (11) of the Act is repealed.
14. 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, 34, 34.1 and 34.2 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.
15. (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.
16. (1) Subsection 33 (10) of the Act is repealed.
(2) 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.
17. Part IV of the Act is amended by adding the following sections:
Designation of Properties by Minister
Designation by Minister
34.5 (1) 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,
(i) the Minister consents to the demolition or removal, or
(ii) if the Minister refuses to consent to the demolition or removal, the owner meets the requirements for demolition or removal that would apply under subsections 34 (5) and 34.1 (1) if the property had been designated by a municipality under section 29.
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, demolition or removal
(5) 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 and subsections 34 (2) to (4) apply with necessary modifications to such an application.
Same, application
(6) Subsection 34 (5) and sections 34.1, 34.2 and 34.3 apply with necessary modifications where the Minister refuses to consent to the demolition or removal of a building or structure on property designated under subsection (1) as though the Minister were the council of a municipality.
Delegation
(7) 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.
Scope of delegation
(8) The Minister may limit a delegation under subsection (7) so as to delegate the power to consent to only one of the types of changes to property described in subsection (7), 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 on the Trust;
(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 under section 34.5 shall contain,
(a) an adequate description of the property so that it may be readily ascertained;
(b) a short statement of the reason for the proposed designation, including 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).
Objection
(3) 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
(4) If no notice of objection is served within the 30-day period referred to in subsection (3), 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 short statement of the reason for the designation, including 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,
(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 and on the Trust,
(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
(5) If a notice of objection is served on the Minister under subsection (3), 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
(6) If a matter is referred to the Review Board under subsection (5), 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
(7) The Minister, the owner of the property in question, any person who has served a notice of objection under subsection (3) and such other persons as the Review Board may specify are parties to the hearing.
Open hearing
(8) A hearing under subsection (6) is open to the public.
Place of hearing
(9) A hearing under subsection (6) 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
(10) Notice of a hearing under subsection (6) 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 Minister considers adequate to give the public in the territory reasonable notice of the hearing.
Combining hearings
(11) The Review Board may combine two or more related hearings and conduct them in all respects and for all purposes as one hearing.
Reports
(12) Within 30 days after the conclusion of a hearing under subsection (6) 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
(13) The Review Board shall send a copy of its report to the other parties to the hearing.
Decision of Minister
(14) 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 (4) and follow the requirements of that subsection.
Decision final
(15) The decision of the Minister under subsection (14) is final.
Withdrawal of objection
(16) A person who has served a notice of objection under subsection (3) 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
(17) 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 (4) 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 (6) 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 the Minister intends 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, published in a newspaper of general circulation in the municipality; or
(b) 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
(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 (4) to (17), 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 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 subclause (2) (b) (i) or (ii) or (7) (b) (i) or (ii), 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 (4) to (17), 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.
18. 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 described under subsection (3) with respect to property that has not been designated under this Part or with respect to property that has been designated by a municipality under section 29 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, damaged, removed or demolished.
Same
(2) The Minister may make an order under subsection (1) with respect to any alteration, demolition or removal of property designated under section 29 even if,
(a) the municipality has consented to the alteration, demolition or removal in question; or
(b) in the case of a demolition or removal, the owner of the property is entitled to carry out or permit the demolition or removal in accordance with subsection 34 (5) or (7).
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.
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).
19. 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).
20. 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.
Content of plan
(2) 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) policy statements, guidelines and procedures for achieving the stated objectives and managing change in the heritage conservation district; and
(c) 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 the property without obtaining a permit under section 42.
Consultation
(3) The council of a municipality shall consult on the contents of the heritage conservation district plan with,
(a) members of the public who, in the opinion of council, have an interest in the plan; and
(b) if the council of the municipality has established a municipal heritage committee under section 28, the committee.
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.
21. (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 under this Part in a municipality shall do any of the following, unless the owner obtains a permit from the municipality:
1. Alter the property or permit the alteration of 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 (2) (c).
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 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 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) 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
(14) 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
(15) A by-law under subsection (14) 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.
22. 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).
23. 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.
24. Subsection 49 (7) of the Act is repealed.
25. Subsection 52 (10) of the Act is repealed.
26. Subsection 55 (8) of the Act is repealed.
27. Subsection 58 (7) of the Act is repealed.
28. The Act is amended by adding the following section:
No compensation
68.1 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.
29. Subsections 69 (4) and (5) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule F, section 2, are repealed and the following substituted:
No offence
(4) Despite subsection (1), a person who contravenes section 33, subsection 34.5 (2) or section 42 by altering or permitting the alteration of property that has been designated by a municipality or by the Minister under Part IV or that is part of a heritage conservation district designated under Part V is not guilty of an offence if,
(a) the alteration is carried out to avert an immediate danger to the health or safety of any person; and
(b) before the alteration is carried out, the person gives notice of the alteration,
(i) in the case of property designated by a municipality under section 29 or that is part of a heritage conservation district designated under Part V, to the clerk of the municipality in which the property is situated, or
(ii) in the case of property designated by the Minister under section 34.5, to the Minister.
Service of notice under cl. (4) (b)
(5) Despite section 67, notice of an alteration required to be given under clause (4) (b) may be served by electronic mail or by fax.
Same, deemed receipt
(5.1) If notice is served by electronic mail or by fax under subsection (5), the person on whom the notice is served shall be deemed to have received the notice on the same day as it is sent unless the person establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice until a later time.
Restoration, municipality
(5.2) If property that has been designated by a municipality under section 29 or that is part of a heritage conservation district designated by a municipality under section 41 is altered in contravention of section 33 or section 42, the council of the municipality in which the property is situated may, in addition to any other penalty imposed under this Act, restore the property as nearly as possible to its previous condition.
Same, Minister
(5.3) If property that has been designated by the Minister under subsection 34.5 (1) is altered in contravention of clause 34.5 (2) (a), the Minister may, in addition to any penalty imposed under this Act, restore the property as nearly as possible to its previous condition.
Recovery of restoration costs
(5.4) If the council of a municipality or the Minister carries out restoration work under subsection (5.2) or (5.3), the council or the Minister, as the case may be, may recover the cost of the restoration from the owner of the property unless,
(a) in the opinion of the council or of the Minister, as the case may be, the property is in an unsafe condition or incapable of repair; or
(b) the alteration was carried out to avert an immediate danger to the health or safety of any person.
30. (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 and organizations 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.
(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
31. This Act comes into force on the day it receives Royal Assent.
Short title
32. The short title of this Act is the Ontario Heritage Amendment Act, 2003.
EXPLANATORY NOTE
The Bill amends the Ontario Heritage Act and, in particular, makes amendments to the following Parts of the Act:
Part II:
The name of the Ontario Heritage Foundation is changed to Ontario Heritage Trust. The Bill makes several amendments to Part II of the Act in relation to the administration and powers of the Ontario Heritage Trust. Subsection 5 (5) of the Act is amended to allow the directors of the Trust to be able to hold successive three-year terms of office without the one-year hiatus that is currently required under that section. Section 10 of the Act is amended to allow the Trust to carry out certain activities without first obtaining the approval of the Minister.
Part III:
The Bill amends Part III of the Act to give the Conservation Review Board certain additional procedural powers contained in the Statutory Powers Procedure Act.
Part III.1:
The Bill adds a new Part III.1 to the Act in order to give the Minister the power to prepare heritage standards and guidelines for the identification and preservation of property that is owned or occupied by the government of Ontario and that has cultural heritage value or interest of provincial significance.
Part IV:
Some of the more significant amendments to Part IV of the Act include the following:
1. The Bill provides for the making of regulations to prescribe criteria that are to be followed by municipalities when designating property within their jurisdiction as property of cultural heritage value or interest. Currently, Part IV does not contain a definition of what constitutes property of cultural heritage value or interest.
2. Where the owner of a designated property applies to the municipality to remove the designation, the Bill provides that any person may object to the removal of the designation by serving notice of the objection.
3. Part IV is amended to allow the council of a municipality to delegate to municipal employees or staff the power to consent to alterations of properties designated by the municipality.
4. Part IV is amended by adding a scheme whereby the Minister may designate property anywhere in the Province as property of cultural heritage value or interest of provincial significance. Criteria will be prescribed to indicate which properties may be designated. Properties that are designated by the Minister are subject to limitations with respect to any alterations of the property and with respect to the demolition or removal of buildings and structures on the property. The provisions relating to the designation process and to the removal of the designation are similar to those provisions currently contained in Part IV of the Act that relate to municipal designations.
5. Section 35.2 is added to Part IV of the Act. It allows the Minister to issue a stop order to prevent the alteration, demolition or removal of property that has not been designated by the Minister but that the Minister believes meets the criteria for designation prescribed under section 34.5. This power applies even though the property has been designated by a municipality under section 29 and even where the municipality has consented to the alteration, demolition or removal of the property.
6. Section 35.3 is added to Part IV of the Act to give municipalities the power to make by-laws establishing standards for the maintenance of the heritage attributes of property designated by the municipality or by the Minister under this Part.
Part V:
The following amendments are made to Part V of the Act which provides for the designation by a municipality of one or more heritage conservation districts in the municipality:
1. Municipalities are given by-law making power to impose controls on areas in the municipality that are designated as study areas for proposed future designation as heritage conservation districts. A municipality may, by by-law, designate an area as a heritage conservation study area for a period of one year. During the one-year period, alteration, demolition or removal of properties in the study area are subject to such limitations as may be specified in the by-law. A right to object to such a by-law may be made by any person to the Ontario Municipal Board.
2. The Bill adds sections 41.1 and 41.2 to Part V of the Act. Under these sections, municipalities are required to adopt by by-law a heritage conservation district plan when designating a heritage conservation district. The plan would set out the objectives of the designation, guidelines for achieving the objectives and managing change in the designated district, and a description of the types of minor alterations that may be carried out on properties within the designated district without obtaining a permit from the municipality. Section 41.2 prohibits a municipality from carrying out any public works in the designated district that are contrary to the objectives set out in the heritage conservation district plan.
3. Section 42 of the Act currently requires a permit from the municipality to erect, demolish or remove a building or structure on property located in a designated heritage conservation district, or to alter the external portions of a building or structure on the property. Section 42 of the Act is amended to extend the requirement for a permit to other alterations to the property. The council of the municipality is also given authority to delegate to a municipal employee or official the power to grant permits for the alteration of property in a designated heritage conservation district.
4. Section 45.1 is added to Part V of the Act to give municipalities the power to make by-laws establishing standards for the maintenance of the heritage attributes of property situated in a designated heritage conservation district.
Part VI:
Part VI of the Act is amended by adding a regulation-making power to prescribe certain marine archaeological sites. Carrying out certain activities within 500 metres of such sites or within such other distance of the sites as may be prescribed is prohibited unless the person carrying out the activity has a licence to do so.
Part VII:
Several amendments are made to Part VII of the Act, including amendments to make the offence provisions and regulation-making powers consistent with the amendments made to other Parts of the Act.