Ontario Heritage Act

Bills that amended this Act0

No published amendment links yet for this Act.

Sections292

• 1Definitions

  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”) “building permit” means a building permit issued under section 8 of the Building Code Act, 1992; (“permis de construire”) “business day” means a weekday, excluding a day that is a holiday; (“jour ouvrable”) “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”…

• 1.
• [s1]

  PART I HERITAGE CONSERVATION, PROTECTION AND PRESERVATION

• PART I HERITAGE CONSERVATION, PROTECTION AND PRESERVATION
• 2Administration 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.

• 2.
• 3Employees

  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. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 99 - 20/08/2007

• 3.
• [s4]

  Part II Ontario Heritage Trust

• 3. #4
• PART II ONTARIO HERITAGE FOUNDATION
• PART II ONTARIO HERITAGE TRUST
• 4Definition, Part II

  4 In this Part, “property” means real and personal property. R.S.O. 1990, c. O.18, s. 4. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 3 - 28/04/2005

• 4.
• 5Ontario 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 an…

• 5.
• 6

  6 The Not-for-Profit Corporations Act, 2010 does not apply to the Trust, except as prescribed. 2017, c. 20, Sched. 8, s. 112 (1); 2019, c. 9, Sched. 11, s. 2. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1 - 28/04/2005 2017, c. 20, Sched. 8, s. 112 (1) - 19/10/2021 2019, c. 9, Sched. 11, s. 2 - 01/07/2021

• 6.
• 6 #8Not-for-Profit Corporations Act, 2010
• 7Objects 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. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1, 5 - 28/04/2005

• 7.
• 8By-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. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 6 - 28/04/2005

• 8.
• 9Powers 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. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1, 7 - 28/04/2005

• 9.
• 10Further powers of Trust

  10 (1) The Trust may, in accordance with the policies and priorities determined by the Minister for the conservation, protection and preservation of the heritage of Ontario, (a) receive and acquire by purchase, donation, lease, 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) hold, preserve, maintain, reconstruct, restore, manage and lease for a term of five years or less property described in clause (a) for the purposes described in that clause; (c) enter into agreements, covenants and easements with owners of real property or interests in real property for the conservation, protection and preservation of the heritage of Ontario; (d) borrow money for the purpose of carrying out the objects of the Trust where a guara…

• 10.
• 11Crown agency

  11 (1) The Trust is, for all purposes of this Act, an agent of the Crown in right of Ontario, and its powers under this Act may be exercised only as an agent of the Crown 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 the Crown in right of Ontario and title thereto may be vested in the name of the Crown 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. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1 - 28/04/2005 CTS 6 FE 25 - 1

• 11.
• 12General 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. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1 - 28/04/2005

• 12.
• 13Reserve 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) (h), without the consent of the Lieutenant Governor in Council. R.S.O. 1990, c. O.18, s. 13 (3); 2005, c. 6, s. 1; 2009, c. 33, Sched. 11, s. 6 (2). Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1 - 28/04/2005 2009, c. 33, Sched. 11, s. 6 (2) - 15/12/2009

• 13.
• 14No 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. Section Amendments with date in force (d/m/y) 1997, c. 34, s. 3 - 18/12/1997 2005, c. 6, s. 1 - 28/04/2005

• 14.
• 15Exemption 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) (b) and subsection 10 (2) 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; 2009, c. 33, Sched. 11, s. 6 (3). Section Amendments with date in force (d/m/y) 2004, c. 16, Sched. D, Table - 01/01/2004 2005, c. 6, s. 1 - 28/04/2005 2009, c. 33, Sched. 11, s. 6 (3) - 15/12/2009

• 15.
• 16Audit

  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. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32 - 30/11/2004 2005, c. 6, s. 1 - 28/04/2005

• 16.
• 17Grants

  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. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1 - 28/04/2005

• 17.
• 18Guarantee 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. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1 - 28/04/2005

• 18.
• 19Form 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.

• 19.
• 20Payment 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.

• 20.
• 21Annual report

  21 (1) The Trust shall prepare an annual report, provide it to the Minister and make it available to the public. 2017, c. 34, Sched. 46, s. 37. Same (2) The Trust shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; (b) when to provide it to the Minister; and (c) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 37. Same (3) The Trust shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 37. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1 - 28/04/2005 2017, c. 34, Sched. 46, s. 37 - 01/01/2018

• 21.
• 21.1Tabling of annual report

  21.1 The Minister shall table the Trust’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 37. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 37 - 01/01/2018

• 22.
• 21 #24Annual report
• 21.2Other reports

  21.2 The Minister may require the Trust to provide other reports. 2017, c. 34, Sched. 46, s. 37. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 37 - 01/01/2018

• 23.
• [s25]
• 22Easements 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…

• PART III CONSERVATION REVIEW BOARD
• [s26]
• 23Register

  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. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (3) - 26/11/2002 2005, c. 6, s. 9 - 28/04/2005

• 24.
• [s27]
• 23.1Transition

  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. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 10 - 28/04/2005 Part iii (s. 24-25.1) Repealed: 2021, c. 4, Sched. 6, s. 74 (5).

• 25.
• [s28]
• 24Repealed

  24 Repealed: 2021, c. 4, Sched. 6, s. 74 (5). Section Amendments with date in force (d/m/y) 2005, c. 6, s. 11 (1, 2) - 28/04/2005 2006, c. 34, s. 37 - 20/12/2006 2021, c. 4, Sched. 6, s. 74 (5) - 01/06/2021

• PART IV CONSERVATION OF PROPERTY OF CULTURAL HERITAGE VALUE OR INTEREST
• [s29]
• 24.1Repealed

  24.1 Repealed: 2021, c. 4, Sched. 6, s. 74 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 52 (1) - 15/12/2009 2019, c. 7, Sched. 17, s. 134 - 01/07/2019 2021, c. 4, Sched. 6, s. 74 (5) - 01/06/2021

• [s30]
• 25Repealed

  25 Repealed: 2021, c. 4, Sched. 6, s. 74 (5). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 74 (5) - 01/06/2021

• 26.
• PART III.1 STANDARDS AND GUIDELINES FOR PROVINCIAL HERITAGE PROPERTIES
• [s31]
• 25.1Repealed

  25.1 Repealed: 2021, c. 4, Sched. 6, s. 74 (5). Section Amendments with date in force (d/m/y) 2005, c. 6, s. 12 - 28/04/2005 2017, c. 23, Sched. 5, s. 63 - 03/04/2018 2021, c. 4, Sched. 6, s. 74 (5) - 01/06/2021

• 27.
• [s32]

  part iii.1 standards and guidelines for provincial heritage properties Heritage standards and guidelines

• 25.1 #32L.P.A.T. hearings
• 28.
• [s33]
• 25.2Definition

  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 dis…

• 29.
• [s34]
• 25.1 #34L.P.A.T. hearings
• 25.3Application

  25.3 Section 37 applies with necessary modifications to property to which this Part applies. 2005, c. 6, s. 13. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 13 - 28/04/2005

• 30.
• [s35]

  Part iv conservation of property of cultural heritage value or interest

• 25.1 #35L.P.A.T. hearings
• 31.
• [s36]

  Definitions and Application

• 32.
• [s37]
• 26Definition

  26 (1) In this Part, “property” means real property and includes all buildings and structures thereon. 2005, c. 6, s. 14. (2) Repealed: 2019, c. 9, Sched. 11, s. 4. 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 publis…

• 33.
• [s38]
• 26.0.1Principles

  26.0.1 A council of a municipality shall consider the prescribed principles, if any, when the council exercises a decision-making authority under a prescribed provision of this Part. 2019, c. 9, Sched. 11, s. 3. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 11, s. 3 - 01/07/2021

• 34.
• [s39]
• 26.1Application

  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 (3) 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; 2019, c. 9, Sched. 11, s. 5. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 14 - 28/04/2005 2019, c. 9, Sched. 11, s. 5 - 01/07/2021

• [s40]

  Register and Municipal Heritage Committee

• [s41]
• 27Register

  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. 2019, c. 9, Sched. 11, s. 6. (1.1) The clerk of the municipality shall ensure that the information included in the register is accessible to the public on the municipality’s website. 2022, c. 21, Sched. 6, s. 3 (1). Contents of register (2) 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. 2019, c. 9, Sched. 11, s. 6. Non-designated property (3) Subject to su…

• [s42]
• 28Municipal 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 heritag…

• [s43]

  Designation of Properties by Municipalities

• 27 #43Register
• 35.
• [s44]
• 27 #44Register
• 29Designation 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, 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); 2019, c. 9, Sched. 11, s. 7 (1); 2022, c. 21, Sched. 6, s. 4 (1). Notice required (1.1) Subject to subsections (1.2) and (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); 2019, c. 9, Sched. 11, s. 7 (2). Limitation (1.2) The fol…

• 36.
• [s45]
• 30Permits 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. Section Amendments with date in force (d/m/y) 2…

• 37.
• [s46]
• 30.1Amendment 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 prescribed modifications, to an amending by-law. 2019, c. 9, Sched. 11, s. 8 (1). Exception (2) Despite subsection (1), subsections 29 (1) to (14) do not apply to an amending by-law if the only purpose or purposes of the amendments contained in the by-law are to do one or more of the following: 1. Clarify or correct the statement explaining the property’s cultural heritage value or interest or the description of the property’s heritage attributes. 2. Correct the legal description of the property. 3. Otherwise revise the by-law to make it consistent with the requirements of this Act or the regulations, including revisions that would make a by-law passed before subsection 7 (6) of Schedule 11 to the More Homes, More Choice Act, 2019 comes into force …

• 38.
• 31Repeal 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); 20…

• 39.
• [s48]
• 32Repeal 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). Notice required (2) Upon receiving an application under subsection (1), the council of the municipality shall cause notice of the application to be given by the clerk of the municipality in accordance with subsection (3). 2019, c. 9, Sched. 11, s. 10. Notice of application (3) Notice of an application shall be published in a newspaper having general circulation in the municipality and 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, as set out in the by-law that is the sub…

• PART V HERITAGE CONSERVATION DISTRICTS
• 33Alteration of property

  33 (1) No owner of property designated under section 29 shall alter the property or permit the alteration of the property if the alteration is likely to affect the property’s heritage attributes, as set out in the description of the property’s heritage attributes in the by-law that was required to be registered under clause 29 (12) (b) or subsection 29 (19), as the case may be, unless the owner applies to the council of the municipality in which the property is situate and receives consent in writing to the alteration. 2019, c. 9, Sched. 11, s. 11. Application (2) An application under subsection (1) shall be accompanied by the prescribed information and material. 2019, c. 9, Sched. 11, s. 11. Other information (3) A council may require that an applicant provide any other information or material that the council considers it may need. 2019, c. 9, Sched. 11, s. 11. Notice of complete appli…

• 34Demolition or removal

  34 (1) No owner of property designated under section 29 shall do either of the following, unless the owner applies to the council of the municipality in which the property is situate and receives consent in writing to the demolition or removal: 1. Demolish or remove, or permit the demolition or removal of, any of the property’s heritage attributes, as set out in the description of the property’s heritage attributes in the by-law that was required to be registered under clause 29 (12) (b) or subsection 29 (19), as the case may be. 2. Demolish or remove a building or structure on the property or permit the demolition or removal of a building or structure on the property, whether or not the demolition or removal would affect the property’s heritage attributes, as set out in the description of the property’s heritage attributes in the by-law that was required to be registered under clause 29…

• 34.1Appeal to Tribunal

  34.1 (1) If the council of a municipality consents to an application subject to terms and conditions under subclause 34 (4.2) (a) (ii) or refuses an application under subclause 34 (4.2) (a) (iii), the owner of the property that was the subject of the application may appeal the council’s decision to the Tribunal within 30 days of the day the owner received notice of the council’s decision. 2017, c. 23, Sched. 5, s. 64; 2019, c. 9, Sched. 11, s. 13 (1). Notice of appeal (2) An owner of property who wishes to appeal the decision of the council of a municipality shall, within 30 days of the day the owner received notice of the council’s decision, give notice of appeal to the Tribunal and to the clerk of the municipality. 2017, c. 23, Sched. 5, s. 64. Content of notice (3) A notice of appeal shall set out the objection to the council’s decision and the reasons in support of the objection and …

• 40.
• [s52]
• 33 #52Alteration of property
• 34.1 #52Appeal to Tribunal
• 34.2Transition, appeal to Tribunal

  34.2 (1) Within 90 days of the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, the owner of property designated under section 29 who, before that day, had been refused an application to demolish or remove a building or structure from the property under subsection 34 (2) by the council of a municipality, may appeal the decision to the Tribunal if, (a) the owner has lost his right to demolish or remove the building or structure 180 days after the day the council of the municipality refused the application under subsection 34 (2) by virtue of subsection 34 (6); and (b) subsection 34 (7) does not apply to the application. 2005, c. 6, s. 23; 2017, c. 23, Sched. 5, s. 62. Notice of appeal (2) An owner of property who wishes to appeal the decision of the council of a municipality under subsection (1) shall, within 90 days of the day the Ontario Heritage Amendment Act, 2005 r…

• 41.
• [s53]
• 33 #53Alteration of property
• 34.3Council consents to application under s. 34 — required steps or actions

  34.3 (1) The council of a municipality shall take such steps or actions as may be prescribed if the owner of a property designated under section 29 has applied in writing to the council for consent to a demolition or removal referred to in paragraph 1 or 2 of subsection 34 (1) in respect of the property and, (a) the council consents to the application under subclause 34 (4.2) (a) (i) or (ii) or is deemed to have consented to the application under subsection 34 (4.4); or (b) the Tribunal has ordered that the municipality give its consent under clause 34.1 (5) (b). 2019, c. 9, Sched. 11, s. 14. Same (2) A regulation made for the purposes of subsection (1) may prescribe different steps or actions that must be taken by a council in different circumstances or that no steps or actions need to be taken by a council in certain circumstances. 2019, c. 9, Sched. 11, s. 14. Section Amendments with …

• 42.
• [s54]
• 34.1 #54Appeal to Tribunal
• 34.4Transition

  34.4 A process relating to a matter dealt with in any of sections 34 to 34.3 that was commenced but not completed under an Act or a part of an Act repealed by section 4 of Schedule F to the Government Efficiency Act, 2002, that was continued under sections 34 to 34.3 of this Act by this section on the day subsection 2 (18) of Schedule F to the Government Efficiency Act, 2002 came into force, and that was not complete on the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, shall be continued under sections 34 to 34.3 as they read on and after the day the Ontario Heritage Amendment Act, 2005 received Royal Assent. 2005, c. 6, s. 25. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (18) - 26/11/2002 2005, c. 6, s. 25 - 28/04/2005

• 43.
• [s55]

  Designation of Properties by Minister

• 34.1 #55Appeal to Tribunal
• 34.7
• 44.
• [s56]
• 34.5Designation by Minister

  34.5 (1) After consultation with the Trust, the Minister may, by order, designate any property within a municipality or in unorganized territory as property of cultural heritage value or interest of provincial significance if, (a) the property meets the prescribed criteria; and (b) the designation is made in accordance with the process set out in section 34.6. 2005, c. 6, s. 26; 2019, c. 9, Sched. 11, s. 15 (1). 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; (b) carry out or permit the demolition or removal of the property’s heritage attributes, as set out in the description of the property’s heritage attributes that was required to be served and registered under clause 3…

• 45.
• 34.3 #57Council consents to application under s. 34 — required steps or actions
• 34.6Designation process

  34.6 (1) If the Minister intends to designate property as property of cultural heritage value or interest of provincial significance, the Minister shall ensure that a notice of intention to designate the property is, (a) served on the owner of the property and, if the property is situated in a municipality, on the clerk of the municipality; (b) in the case of property situated in a municipality, published in a newspaper of general circulation in the municipality; and (c) in the case of property situated in unorganized territory, published or otherwise made known in the territory in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice. 2005, c. 6, s. 26. Content of notice (2) A notice of intention to designate property served on an owner of property and on the clerk of a municipality under clause (1) (a) shall contain, (a) an …

• 46.
• [s58]
• 34 #58Permits 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. 2005, c. 6, s. 26. Interim control of alteration, demolition or removal (2) Subsections 34.5 (2) to (10) apply with necessary modifications to property as of the day a notice of intention to designate the property is given under section 34.6 as though the designation process were complete and the property had been designated under subsection 34.5 (1). 2005, c. 6, s. 26. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 26 …

• 34.3 #58Council consents to application under s. 34 — required steps or actions
• PART VI CONSERVATION OF RESOURCES OF ARCHAEOLOGICAL VALUE
• [s59]
• 34 #59Permits void
• 34.8Repeal of order, Minister’s initiative

  34.8 (1) If, after consultation with the Trust, the Minister decides to repeal an order designating property as property of cultural heritage value or interest of provincial significance, the Minister shall give notice of intention to repeal the order in accordance with subsection (2). 2005, c. 6, s. 26. Notice of intention (2) A notice of intention to repeal an order designating property shall be served on the owner of the property and on the Trust and, (a) in the case of property situated in a municipality, shall be published in a newspaper of general circulation in the municipality; or (b) in the case of property situated in unorganized territory, shall be published or otherwise made known in the territory in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice. 2005, c. 6, s. 26. Content of notice (3) A notice of intentio…

• 47.
• [s60]
• 34.9Repeal 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. 2005, c. 6, s. 26. Decision of Minister (2) Within 90 days of receipt of an application under subsection (1), the Minister, having consulted with the Trust, shall, (a) refuse the application and cause notice of its decision to be given to the owner and to the Trust; or (b) consent to the application and, (i) cause notice of the intention to repeal the order to be served on the owner and the Trust, (ii) if the property is situated in a municipality, publish notice of the intention to repeal the order in a newspaper of general circulation in the municipality, and (iii) if the property is situated in unorganized territory, publish or otherwise make known the notice of intention to repeal the order in a manner and at such times as the Minister con…

• 48.
• [s61]

  General

• 34 #61Permits void
• 49.
• [s62]
• 34 #62Permits void
• 35Notice 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. 2005, c. 6, s. 27. 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. 2005, c. 6, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 27 - 28/04/2005

• 50.
• 34 #63Permits void
• 35.1Conflict

  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. 2005, c. 6, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 27 - 28/04/2005

• 51.
• [s64]
• 35.2Stop order

  35.2 (1) The Minister may issue a stop order with respect to any property in the Province to prevent the alteration of the property, any damage to the property or the demolition or removal of any building or structure on the property if the Minister is of the opinion that, (a) the property may be property of cultural heritage value or interest of provincial significance; and (b) the property is likely to be altered or damaged or a building or structure located on the property is likely to be removed or demolished. 2005, c. 6, s. 27. Same (2) The Minister may make an order under this section with respect to property designated under section 29 even if the municipality has consented to the alteration, demolition or removal in question. 2005, c. 6, s. 27. Order (3) A stop order issued under this section shall direct the owner of the property in question or any person in apparent possession …

• 52.
• [s65]
• 35.3Building 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. 2005, c. 6, s. 27. 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). 2005, c. 6, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 6,…

• 53.
• [s66]
• 36Purchase or lease by-laws

  36 (1) The council of a municipality may pass by-laws providing for acquiring, by purchase, lease or otherwise, any property or part thereof designated under this Part, including any interest therein, for the use or purposes of this Part and for disposing of such property, or any interest therein, by sale, lease or otherwise, when no longer so required, upon such terms and conditions as the council considers necessary for the purposes of this Part. R.S.O. 1990, c. O.18, s. 36 (1). Expropriating by-law (2) Subject to the Expropriations Act, the council of every municipality may pass by-laws providing for the expropriation of any property designated under this Part and required for the purposes of this Part and may sell, lease or otherwise dispose of the property, when no longer so required, upon such terms and conditions as the council considers necessary for the purposes of this Part. R.…

• 54.
• 37Easements

  37 (1) Despite subsection 36 (1), after consultation with its municipal heritage committee, if one is established, the council of a municipality may pass by-laws providing for the entering into of easements or covenants with owners of real property or interests in real property, for the conservation of property of cultural heritage value or interest. 2002, c. 18, Sched. F, s. 2 (19). Idem (2) Any easement or covenant entered into by a council of a municipality may be registered, against the real property affected, in the proper land registry office. R.S.O. 1990, c. O.18, s. 37 (2). Idem (3) Where an easement or covenant is registered against real property under subsection (2), such easement or covenant shall run with the real property and the council of the municipality may enforce such easement or covenant, whether positive or negative in nature, against the owner or any subsequent owne…

• 55.
• [s68]
• 38Inspection

  38 (1) For the purpose of carrying out this Part, any person authorized by the council of a municipality in writing may, upon producing proper identification, inspect at any reasonable time property designated or property proposed to be designated under this Part where a notice of intention to designate has been served and published under subsection 29 (3). Obstruction of investigator (2) No person shall obstruct a person authorized to make an investigation under this section or conceal or destroy anything relevant to the subject-matter of the investigation. R.S.O. 1990, c. O.18, s. 38.

• 56.
• [s69]
• 39Grants and loans

  39 (1) The council of a municipality may pass by-laws providing for the making of a grant or loan to the owner of a property designated under this Part for the purpose of paying for the whole or any part of the cost of alteration of such designated property on such terms and conditions as the council may prescribe. R.S.O. 1990, c. O.18, s. 39 (1). Loan is lien or charge on land (2) The amount of any loan made under a by-law passed under subsection (1), together with interest at a rate to be determined by the council, may be added by the clerk of the municipality to the collector’s roll and collected in like manner as municipal taxes over a period fixed by the council, not exceeding five years, and such amount and interest shall, until payment thereof, be a lien or charge upon the land in respect of which the loan was made. R.S.O. 1990, c. O.18, s. 39 (2). Non-application of s. 106 of Mun…

• 57.
• [s70]

  PART V HERITAGE CONSERVATION DISTRICTS

• 58.
• [s71]
• 39.1Definition

  39.1 (1) In this Part, “property” means real property and includes all buildings and structures thereon. 2002, c. 18, Sched. F, s. 2 (20). Publication of notice, City of Toronto (2) 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 (3). Publication of notice (3) 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. 2…

• 59.
• 39.1.1Application

  39.1.1 (1) This Part does not apply to property described in clause 25.2 (2) (a). 2005, c. 6. s. 28. Conflict (2) If a property described in clause 25.2 (2) (b) is included in a heritage conservation study area designated under section 40.1 or in a heritage conservation district designated under section 41, and if there is a conflict between a provision of the heritage standards and guidelines prepared under Part III.1 and a provision in Part V as they apply to that property, the provision in Part V prevails. 2005, c. 6. s. 28. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 28 - 28/04/2005

• 60.
• [s73]
• 39.1.2Principles

  39.1.2 A council of a municipality shall consider the prescribed principles, if any, when the council exercises a decision-making authority under a prescribed provision of this Part. 2019, c. 9, Sched. 11, s. 17. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 11, s. 17 - 01/07/2021

• 61.
• [s74]
• 39.2Register

  39.2 (1) The clerk of a municipality shall keep a register of all heritage conservation districts designated under this Part that are situate in the municipality and shall ensure that the register contains a map or description of the area of each such heritage conservation district. 2002, c. 18, Sched. F, s. 2 (21). 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. 2002, c. 18, Sched. F, s. 2 (21). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (21) - 26/11/2002

• 62.
• [s75]