On April 19, 2005, the Ontario legislature gave third reading to Bill 60,
An Act to amend the Ontario Heritage Act, which makes comprehensive amendments
to the Ontario Heritage Act. The Bill will come into force on Royal Assent,
which has not yet occurred.
A redlined copy of the Bill, as amended by Standing
Committee on Justice Policy, can be accessed at
www.ontla.on.ca/documents/Bills/38_Parliament/Session1/b060rep.pdf.
On December 1, 2004, UDI/Ontario made a presentation to the Ontario Legislative
Assembly Standing Committee on Justice Policy Regarding Bill 60, which can
be accessed on this website - please
click here to view PDF.
Bill 60 contains a number of changes that affect private landowners rights.
1. Demolition of Municipally Designated Heritage Property
Under the current Ontario Heritage Act;
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If the owner of a designated property applies to the municipality to
demolish a designated property and the municipality refuses the application,
the effect of the refusal is only to delay the demolition by 180 days, provided
a building permit for a new structure had been obtained.
Under Bill 60;
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Municipalities will now have the power to prohibit the demolition of
property designated by the municipality. The owner of a designated property,
that is refused a demolition permit, is allowed to appeal the refusal to the
Ontario Municipal Board. If that appeal is refused, the applicant will have
no recourse, and no demolition can occur.
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Criteria do not currently exist for the OMB to judge the heritage value
of a designated property.
2. Heritage Designation
Under the current Ontario Heritage Act;
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Landowners may challenge a proposed by-law designating their property,
which objection is examined by the Review Board. The Review Board then in
turn issues a report, with recommendations, to council. Very few landowners
challenged a designating by-law, primarily because the final decision of the
Review Board was not binding on council and the Review Board process simply
delayed the expiry of the 180-day delay.
Under Bill 60;
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Landowners may still challenge a proposed by-law designating their property.
Due to the changes to the Act, landowners may be more interested in challenging
designations before the Review Board, especially where the municipality is
attempting to designate a building with little heritage value. There will
be a whole new set of strategic considerations for a landowner to make in
respect of the Review Board process, whereas the Review Board was often ignored
in the past.
3. Maintenance and Repair of Heritage Property
Under the current Ontario Heritage Act;
Under Bill 60;
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Municipalities have been given the power to make by-laws establishing
standards for the maintenance and repair of the heritage attributes of property
designated by the municipality or by the Minister.
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It is unclear what standards will apply and if the municipality will
have the power to impose significantly higher standards than those applicable
to other types of property.
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Municipalities might also attempt to use their new powers respecting
the maintenance and repair of heritage buildings in order to secure the actual
restoration of such buildings, which could involve significant costs for the
landowner.
Other changes include:
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Changed process for designation and de-designation;
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The Minister of Culture has been given powers to designate heritage property
of provincial significance; and
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Increase protection for heritage conservation districts and significant
marine heritage sites.