text:
Historical version for the period July 1, 2021 to October 18, 2021.
Last amendment: 2021, c. 4, Sched. 6, s. 74.
Legislative History: 1993, c. 27, Sched.; 1996, c. 4, s. 55-65; 1997, c. 34, s. 2, 3; 1998, c. 18, Sched. B, s. 10; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. A, s. 14; 2002, c. 18, Sched. F, s. 2; 2004, c. 16, Sched. D, Table; 2004, c. 17, s. 32; 2005, c. 6; 2006, c. 11, Sched. B, s. 11; 2006, c. 21, Sched. F, s. 136 (1); 2006, c. 32, Sched. D, s. 13; 2006, c. 34, s. 37; 2006, c. 35, Sched. C, s. 99; 2009, c. 24, s. 29; 2009, c. 33, Sched. 2, s. 52; 2009, c. 33, Sched. 11, s. 6; 2017, c. 20, Sched. 8, s. 112; 2017, c. 23, Sched. 5, s. 61-68; 2017, c. 34, Sched. 46, s. 37; 2019, c. 7, Sched. 17, s. 134; 2019, c. 7, Sched. 44; 2019, c. 9, Sched. 11; 2021, c. 4, Sched. 6, s. 74.
Not-for-Profit Corporations Act, 2010
Tabling of annual report
Demolition or removal
Appeal to Tribunal
Transition, appeal to Tribunal
Council consents to application under s. 34 — required steps or actions
Regulations re transitional matters
1 In this Act,
"prescribed" means prescribed by regulations made under this Act; ("prescrit")
"Tribunal" means the Ontario Land Tribunal; ("Tribunal")
"Trust" means the Ontario Heritage Trust continued under section 5. ("Fiducie") R.S.O. 1990, c. O.18, s. 1; 1993, c. 27, Sched.; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. F, s. 2 (1, 2); 2005, c. 6, s. 2; 2017, c. 23, Sched. 5, s. 61; 2019, c. 9, Sched. 11, s. 1 (1); 2021, c. 4, Sched. 6, s. 74 (3, 4).
Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following subsection: (See: 2019, c. 9, Sched. 11, s. 1 (2))
Definition of "alter" in certain provisions
(2) Despite subsection (1), for the purposes of sections 33, 34.5, 69 and such other provisions as may be prescribed, the definition of "alter" in subsection (1) does not include to demolish or to remove and "alteration" does not include demolition or removal. 2019, c. 9, Sched. 11, s. 1 (2).
Section Amendments with date in force (d/m/y)
1993, c. 27, Sched. - 31/12/1991
2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. F, s. 2 (1, 2) - 26/11/2002
2005, c. 6, s. 2 (1-3) - 28/04/2005
2017, c. 23, Sched. 5, s. 61 (1, 2) - 03/04/2018
2019, c. 9, Sched. 11, s. 1 (1) - 01/07/2021; 2019, c. 9, Sched. 11, s. 1 (2) - not in force
2021, c. 4, Sched. 6, s. 74 (3) - 01/07/2021; 2021, c. 4, Sched. 6, s. 74 (4) - 01/06/2021
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.
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.
2006, c. 35, Sched. C, s. 99 - 20/08/2007
4 In this Part,
2005, c. 6, s. 3 - 28/04/2005
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).
1993, c. 27, Sched. - 31/12/1991; 1997, c. 34, s. 2 - 18/12/1997
2005, c. 6, s. 1, 4 (1, 2) - 28/04/2005
6 The Corporations Act does not apply to the Trust. R.S.O. 1990, c. O.18, s. 6; 2005, c. 6, s. 1.
Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, section 6 of the Act is repealed and the following substituted: (See: 2017, c. 20, Sched. 8, s. 112 (1))
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.
2017, c. 20, Sched. 8, s. 112 (1) - not in force
2019, c. 9, Sched. 11, s. 2 - 01/07/2021
7 The objects of the Trust are,
2005, c. 6, s. 1, 5 - 28/04/2005
8 (1) The directors of the Trust may make such by-laws as are necessary for,
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.
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 guarantee is provided under section 18;
(e) 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;
(f) enter into agreements with prospective donors, subject to any conditions governing the use of property;
(g) 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,
(h) invest its funds, and sections 26 to 30 of the Trustee Act apply, with necessary modifications, to the investment of those funds;
(i) engage the services of experts and other persons;
(j) 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;
(k) 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;
(l) provide assistance, advisory services and training programs to individuals, institutions, agencies and organizations in Ontario having similar aims and objectives as the Trust. 2009, c. 33, Sched. 11, s. 6 (1).
Minister's approval for sale of Trust property
(2) 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, and with the approval of the Minister, dispose of property by sale, by lease for a term of more than five years or by any other manner and execute any deeds or other instruments as may be required to effect the disposal, subject to the terms of any trust in connection with the property. 2009, c. 33, Sched. 11, s. 6 (1).
(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. 2009, c. 33, Sched. 11, s. 6 (1).
1998, c. 18, Sched. B, s. 10 - 01/07/1999
2002, c. 18, Sched. A, s. 14 - 29/06/2001
2009, c. 33, Sched. 11, s. 6 (1) - 15/12/2009
11 (1) The Trust is, for all purposes of this Act, an agent of Her Majesty in right of Ontario, and its powers under this Act may be exercised only as an agent of Her Majesty in right of Ontario. R.S.O. 1990, c. O.18, s. 11 (1); 2005, c. 6, s. 1.
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.
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.
(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).
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.
1997, c. 34, s. 3 - 18/12/1997
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).
2004, c. 16, Sched. D, Table - 01/01/2004
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.
2004, c. 17, s. 32 - 30/11/2004
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.
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.
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.
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.
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.
(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.
(3) The Trust shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 37.
2017, c. 34, Sched. 46, s. 37 - 01/01/2018
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.
21.2 The Minister may require the Trust to provide other reports. 2017, c. 34, Sched. 46, s. 37.
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.
23 The Trust shall keep a register and shall enter in the register particulars of,
2002, c. 18, Sched. F, s. 2 (3) - 26/11/2002
2005, c. 6, s. 10 - 28/04/2005
Part iii (s. 24-25.1) Repealed: 2021, c. 4, Sched. 6, s. 74 (5).
24 Repealed: 2021, c. 4, Sched. 6, s. 74 (5).
2005, c. 6, s. 11 (1, 2) - 28/04/2005
2021, c. 4, Sched. 6, s. 74 (5) - 01/06/2021
24.1 Repealed: 2021, c. 4, Sched. 6, s. 74 (5).
2009, c. 33, Sched. 2, s. 52 (1) - 15/12/2009
2019, c. 7, Sched. 17, s. 134 - 01/07/2019
2017, c. 23, Sched. 5, s. 63 - 03/04/2018
(7) The heritage standards and guidelines approved under this section are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2005, c. 6, s. 13; 2006, c. 21, Sched. F, s. 136 (1).
2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
26 (1) In this Part,
(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 publish notice in a newspaper. 2006, c. 32, Sched. D, s. 13 (1).
2006, c. 11, Sched. B, s. 11 (1) - 01/01/2007; 2006, c. 32, Sched. D, s. 13 (1) - 01/01/2007
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.
(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.
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.
(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,
(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.
(3) In addition to the property listed in the register under subsection (2), the register may include property that has not been designated under this Part but that the council of the municipality believes to be of cultural heritage value or interest and shall contain, with respect to such property, a description of the property that is sufficient to readily ascertain the property. 2019, c. 9, Sched. 11, s. 6.
(4) If the council of a municipality has appointed a municipal heritage committee, the council shall, before including a property that has not been designated under this Part in the register under subsection (3) or removing the reference to such a property from the register, consult with its municipal heritage committee. 2019, c. 9, Sched. 11, s. 6.
Notice to property owner
(5) If a property that has not been designated under this Part has been included in the register under subsection (3), the council of the municipality shall, within 30 days after including the property in the register, provide the owner of the property with notice that the property has been included in the register. 2019, c. 9, Sched. 11, s. 6.
(6) The notice under subsection (5) shall include the following:
1. A statement explaining why the council of the municipality believes the property to be of cultural heritage value or interest.
2. A description of the property that is sufficient to readily ascertain the property.
3. A statement that if the owner of the property objects to the property being included in the register, the owner may object to the property's inclusion by serving on the clerk of the municipality a notice of objection setting out the reasons for the objection and all the relevant facts.
4. An explanation of the restriction concerning the demolition or removal, or the permitting of the demolition or removal, of a building or structure on the property as set out in subsection (9). 2019, c. 9, Sched. 11, s. 6.
(7) The owner of a property who objects to a property being included in the register under subsection (3) shall serve on the clerk of the municipality a notice of objection setting out the reasons for the objection and all relevant facts. 2019, c. 9, Sched. 11, s. 6.
(8) If a notice of objection has been served under subsection (7), the council of the municipality shall,
(a) consider the notice and make a decision as to whether the property should continue to be included in the register or whether it should be removed; and
(b) provide notice of the council's decision to the owner of the property, in such form as the council considers proper, within 90 days after the decision. 2019, c. 9, Sched. 11, s. 6.
Restriction on demolition, etc.
(9) If a property that has not been designated under this Part has been included in the register under subsection (3), the owner of the property shall not demolish or remove a building or structure on the property or permit the demolition or removal of the building or structure unless the owner gives the council of the municipality at least 60 days notice in writing of the owner's intention to demolish or remove the building or structure or to permit the demolition or removal of the building or structure. 2019, c. 9, Sched. 11, s. 6.
(10) Subsection (9) applies only if the property is included in the register under subsection (3) before any application is made for a permit under the Building Code Act, 1992 to demolish or remove a building or structure located on the property. 2019, c. 9, Sched. 11, s. 6.
(11) The notice required by subsection (9) shall be accompanied by such plans and shall set out such information as the council may require. 2019, c. 9, Sched. 11, s. 6.
(12) 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. 2019, c. 9, Sched. 11, s. 6.
Application of subs. (5) to (8)
(13) Subsections (5) to (8) do not apply in respect of properties that were included in the register under subsection (3) before section 6 of the Schedule 11 to the More Homes, More Choice Act, 2019 comes into force. 2019, c. 9, Sched. 11, s. 6.
2002, c. 18, Sched. F, s. 2 (5, 6) - 26/11/2002
2006, c. 11, Sched. B, s. 11 (2) - 12/06/2006
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).
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).
(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).
(1.2) If a prescribed event has occurred in respect of a property in a municipality, the council of the municipality may not give a notice of intention to designate the property under subsection (1) after 90 days have elapsed from the event, subject to such exceptions as may be prescribed. 2019, c. 9, Sched. 11, s. 7 (3).
(c) a statement that notice of objection to the notice of intention to designate the property may be served on the clerk within 30 days after the date of publication of the notice of intention in a newspaper of general circulation in the municipality under clause (3) (b). 2005, c. 6, s. 17 (2); 2019, c. 9, Sched. 11, s. 7 (4).
(c) a statement that further information respecting the notice of intention to designate the property is available from the municipality; and
(d) a statement that notice of objection to the notice of intention to designate the property may be served on the clerk within 30 days after the date of publication of the notice of intention in a newspaper of general circulation in the municipality under clause (3) (b). 2005, c. 6, s. 17 (2); 2019, c. 9, Sched. 11, s. 7 (5).
(5) A person who objects to a proposed designation shall, within thirty days after the date of publication of the notice of intention, serve on the clerk of the municipality a notice of objection setting out the reason for the objection and all relevant facts. R.S.O. 1990, c. O.18, s. 29 (5); 1996, c. 4, s. 55 (2); 2009, c. 33, Sched. 11, s. 6 (4).
Consideration of objection by council
(6) If a notice of objection has been served under subsection (5), the council of the municipality shall consider the objection and make a decision whether or not to withdraw the notice of intention to designate the property within 90 days after the end of the 30-day period under subsection (5). 2019, c. 9, Sched. 11, s. 7 (6).
Notice of withdrawal
(7) If the council of the municipality decides to withdraw the notice of intention to designate the property, either of its own initiative at any time or after considering an objection under subsection (6), the council shall withdraw the notice by causing a notice of withdrawal,
(a) to be served on the owner of the property, on any person who objected under subsection (5) and on the Trust; and
(b) to be published in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11, s. 7 (6).
If no notice of objection or no withdrawal
(8) If no notice of objection is served within the 30-day period under subsection (5) or a notice of objection is served within that period but the council decides not to withdraw the notice of intention to designate the property, the council may pass a by-law designating the property, provided the following requirements are satisfied:
1. The by-law must be passed within 120 days after the date of publication of the notice of intention under clause (3) (b) or, if a prescribed circumstance exists, within such other period of time as may be prescribed for the circumstance.
2. The by-law must include a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property and must comply with such requirements in relation to the statement and the description as may be prescribed and with such other requirements as may be prescribed.
3. The council must cause the following to be served on the owner of the property, on any person who objected under subsection (5) and on the Trust:
i. A copy of the by-law.
ii. A notice that any person who objects to the by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under paragraph 4, a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal.
4. The council must publish notice of the by-law in a newspaper having general circulation in the municipality, which must provide that any person who objects to the by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under this paragraph, a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 7 (6); 2021, c. 4, Sched. 6, s. 74 (2).
Deemed withdrawal
(9) If the council of the municipality has not passed a by-law under subsection (8) within the time set out in paragraph 1 of that subsection, the notice of intention to designate the property is deemed to be withdrawn and the municipality shall cause a notice of withdrawal,
(10) For clarity, the deemed withdrawal of a notice of intention to designate a property under subsection (9) does not prevent the council from giving a new notice of intention to designate the property in accordance with this section. 2019, c. 9, Sched. 11, s. 7 (6).
(11) Any person who objects to the by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under paragraph 4 of subsection (8), a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 7 (6); 2021, c. 4, Sched. 6, s. 74 (2).
(12) If no notice of appeal is given within the time period specified in subsection (11),
(b) the clerk shall ensure that a copy of the by-law is registered against the properties affected by the by-law in the appropriate land registry office and that a copy of the registered by-law is served on the Trust. 2019, c. 9, Sched. 11, s. 7 (6).
(13) If a notice of appeal is given within the time period specified in subsection (11), the Tribunal shall hold a hearing and, before holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine. 2019, c. 9, Sched. 11, s. 7 (6).
Forwarding of record of decision
(14) If the council of the municipality made a decision on a notice of objection under subsection (6) and if a notice of appeal is given within the time period specified in subsection (11), the clerk of the municipality shall ensure that the record of the decision under subsection (6) is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. 2019, c. 9, Sched. 11, s. 7 (6).
(14.1) Repealed: 2019, c. 9, Sched. 11, s. 7 (6).
Powers of Tribunal
(15) After holding the hearing, the Tribunal shall,
(ii) amend the by-law in such manner as the Tribunal may determine,
(iv) direct the council of the municipality to amend the by-law in accordance with the Tribunal's order. 2019, c. 9, Sched. 11, s. 7 (6).
(16) Despite the Statutory Powers Procedure Act and subsections (13) and (15), the Tribunal may, on its own motion or on the motion of any party, dismiss all or part of the appeal without holding a hearing on the appeal if,
(a) the Tribunal is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent ground upon which the Tribunal could allow all or part of the appeal, or
(c) the appellant has not paid the fee charged by the Tribunal; or
(d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 2019, c. 9, Sched. 11, s. 7 (6); 2021, c. 4, Sched. 6, s. 74 (2).
(17) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection (16), the Tribunal shall,
(b) give the appellant an opportunity to make representations with respect to the proposed dismissal. 2019, c. 9, Sched. 11, s. 7 (6).
(18) If one or more notices of appeal are given to the clerk within the time period specified in subsection (11),
(b) if the by-law is amended by the Tribunal under subclause (15) (b) (ii), the by-law, as amended by the Tribunal, comes into force on the day it is so amended; or
(c) if the by-law is amended by the council pursuant to subclause (15) (b) (iv), the by-law, as amended by the council, comes into force on the day it is so amended. 2019, c. 9, Sched. 11, s. 7 (6).
(19) The clerk of a municipality shall ensure that a copy of a by-law that comes into force under subsection (18) is registered against the properties affected by the by-law in the appropriate land registry office and that a copy of the registered by-law is served on the Trust. 2019, c. 9, Sched. 11, s. 7 (6).
(a) this section does not apply to the notice of intention; and
(b) despite its amendment by section 2 of Schedule F to the Government Efficiency Act, 2002, this section, as it read immediately before its amendment, continues to apply to the notice of intention. 2019, c. 9, Sched. 11, s. 7 (6).
(b) the requirements of subsection (4) or (4.1), as enacted on that day by subsection 17 (2) of the Ontario Heritage Amendment Act, 2005, do not apply to the notice of intention. 2019, c. 9, Sched. 11, s. 7 (6).
1996, c. 4, s. 55 (1-3) - 03/04/1996
2002, c. 18, Sched. F, s. 2 (8-13) - 26/11/2002
2005, c. 6, s. 1, 16, 17 (1-6) - 28/04/2005
2009, c. 33, Sched. 11, s. 6 (4, 5) - 15/12/2009
2019, c. 9, Sched. 11, s. 7 (1-6) - 01/07/2021
2021, c. 4, Sched. 6, s. 74 (2), para. 1 - 01/07/2021
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.
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).
(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 satisfy the requirements prescribed for the purposes of paragraph 2 of subsection 29 (8), if any. 2019, c. 9, Sched. 11, s. 8 (1).
(7) If a notice of objection is filed within the 30-day period under subsection (6), the council of the municipality shall consider the objection and make a decision whether or not to withdraw the notice of the proposed amendment within 90 days after the end of the 30-day period under subsection (6). 2019, c. 9, Sched. 11, s. 8 (2).
(8) If the council of the municipality decides to withdraw the notice of the proposed amendment, either on its own initiative at any time or after considering an objection under subsection (7), the council shall withdraw the notice by causing a notice of withdrawal,
(a) to be served on the owner of the property and on the Trust; and
(9) If no notice of objection is filed within the 30-day period under subsection (6) or a notice of objection is served within that period but the council decides not to withdraw the notice of the proposed amendment, the council may pass an amending by-law and if it does so, the council shall do the following:
1. Cause the following to be served on the owner of the property and on the Trust:
i. A copy of the amending by-law.
ii. A notice that if the owner of the property objects to the amending by-law, the owner may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of the notice under this subparagraph, a notice of appeal setting out the objection to the amending by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal.
2. Publish notice of the amending by-law in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11, s. 8 (2); 2021, c. 4, Sched. 6, s. 74 (2).
(10) If the owner of the property objects to the amending by-law, the owner may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of the notice under subparagraph 1 ii of subsection (9), a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 8 (2); 2021, c. 4, Sched. 6, s. 74 (2).
(a) the amending by-law comes into force on the day following the last day of the period; and
(b) the clerk shall ensure that a copy of the amending by-law is registered against the properties affected by the by-law in the appropriate land registry office and that a copy of the registered amending by-law is served on the Trust. 2019, c. 9, Sched. 11, s. 8 (2).
(13) If a notice of appeal is given within the time period specified in subsection (10), subsections 29 (15) to (19) apply with necessary modifications. 2019, c. 9, Sched. 11, s. 8 (2).
(14) If the council made a decision on the proposed amending by-law under subsection (7) and if a notice of appeal is given within the time period specified in subsection (10), the clerk of the municipality shall ensure that the record of the decision under subsection (7) is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. 2019, c. 9, Sched. 11, s. 8 (2).
(15) If the council of a municipality proposes to amend a by-law designating property made under section 29 that does not comply with requirements that are prescribed for the purposes of paragraph 2 of subsection 29 (8), if any, the council shall include in the amendment such changes as are necessary to ensure that the by-law satisfies those requirements. 2019, c. 9, Sched. 11, s. 8 (2).
Same, 2005 amendments
(16) If the council of a municipality proposes to amend a by-law designating property made under section 29 before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, the council shall include in the amendment such changes as are necessary to ensure that the by-law satisfies the requirements of section 29, as it read on the day the Ontario Heritage Amendment Act, 2005 received Royal Assent. 2019, c. 9, Sched. 11, s. 8 (2).
2019, c. 9, Sched. 11, s. 8 (1, 2) - 01/07/2021
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).
(5) A person who objects to a proposed repealing by-law shall, within 30 days after the date of publication of the notice of intention to repeal the by-law or part thereof, serve on the clerk of the municipality a notice of objection setting out the reasons for the objection and all relevant facts. 2019, c. 9, Sched. 11, s. 9.
(6) If a notice of objection is filed within the 30-day period under subsection (5), the council of the municipality shall consider the objection and make a decision whether or not to withdraw the notice of intention within 90 days after the end of the 30-day period under subsection (5). 2019, c. 9, Sched. 11, s. 9.
(7) If the council of the municipality decides to withdraw the notice of intention, either of its own initiative at any time or after considering an objection under subsection (6), the council shall withdraw the notice by causing a notice of withdrawal,
(b) to be published in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11, s. 9.
(8) If no notice of objection is filed within the 30-day period under subsection (5) or a notice of objection is served within that period but the council decides not to withdraw the notice of intention, the council may pass a by-law repealing the by-law or part thereof designating the property and if it does so, it shall do the following:
1. Cause the following to be served on the owner of the property, on any person who objected under subsection (5) and on the Trust:
i. A copy of the repealing by-law.
ii. A notice that any person who objects to the repealing by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under paragraph 2, a notice of appeal setting out the objection to the repealing by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal.
2. Publish notice of the repealing by-law in a newspaper having general circulation in the municipality, which must provide that any person who objects to the repealing by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under this paragraph, a notice of appeal setting out the objection to the repealing by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 9; 2021, c. 4, Sched. 6, s. 74 (2).
(9) Any person who objects to the repealing by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under paragraph 2 of subsection (8), a notice of appeal setting out the objection to the repealing by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 9; 2021, c. 4, Sched. 6, s. 74 (2).
(10) If no notice of appeal is given within the time period specified in subsection (9),
(a) the repealing by-law comes into force on the day following the last day of the period;
(b) the clerk shall ensure that a copy of the repealing by-law is registered against the properties affected by the repealing by-law in the appropriate land registry office and that a copy of the registered repealing by-law is served on the Trust; and
(c) the clerk shall delete any reference to the property from the register referred to in subsection 27 (1). 2019, c. 9, Sched. 11, s. 9.
(11) If a notice of appeal is given within the time period specified in subsection (9), the Tribunal shall hold a hearing and, before holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine. 2019, c. 9, Sched. 11, s. 9.
(12) If a notice of appeal is given within the time period specified in subsection (9), subsections 29 (15) to (19) apply with necessary modifications. 2019, c. 9, Sched. 11, s. 9.
(13) If the council made a decision on the proposed repealing by-law under subsection (6) and if a notice of appeal is given to the clerk within the time period specified in subsection (9), the clerk of the municipality shall ensure that the record of the decision under subsection (6) is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. 2019, c. 9, Sched. 11, s. 9.
(14) If a repealing by-law comes into effect under subsection 29 (18), as made applicable by subsection (12) of this section, the municipality shall cause the clerk to delete any reference to the property from the register referred to in subsection 27 (1). 2019, c. 9, Sched. 11, s. 9.
2002, c. 18, Sched. F, s. 2 (14) - 26/11/2002
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).
(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,
(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 subject of the application;
(c) a statement that further information respecting the application is available from the municipality; and
(d) a statement that notice of objection to the application may be served on the clerk within 30 days after the date of publication of the notice of the application under this subsection. 2019, c. 9, Sched. 11, s. 10.
(4) A person who objects to an application shall, within 30 days after the date of the publication of the notice of application under subsection (3), serve on the clerk of the municipality a notice of objection setting out the reasons for the objection and all relevant facts. 2019, c. 9, Sched. 11, s. 10.
(5) After consultation with its municipal heritage committee, if one is established, the council shall consider an application under subsection (1) and any objections served under subsection (4) and within 90 days after the end of the 30-day period under subsection (4) shall do either of the following:
1. Refuse the application and cause the following to be served on the owner of the property, on any person who objected under subsection (4) and on the Trust:
i. A notice of the council's decision.
ii. A notice that if the owner of the property objects to the council's decision, the owner may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after receipt of the notice under this subparagraph, a notice of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the Tribunal.
2. Consent to the application, pass a by-law repealing the by-law or part thereof designating the property and shall do the following:
i. Cause the following to be served on the owner of the property, on any person who objected under subsection (4) and on the Trust:
A. A copy of the repealing by-law.
B. A notice that any person who objects to the decision may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under subparagraph ii, a notice of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the Tribunal.
ii. Publish notice of the council's decision in a newspaper having general circulation in the municipality, which must provide that any person who objects to the decision may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under this subparagraph, a notice of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 10; 2021, c. 4, Sched. 6, s. 74 (2).
(6) The owner of the property and the council may agree to extend the time under subsection (5) and, if the council fails to notify the owner of the property of the council's decision within such extended time as may be agreed upon, the council is deemed to have consented to the application. 2019, c. 9, Sched. 11, s. 10.
Appeal to Tribunal, refusal of application
(7) If the owner of the property objects to the council's decision to refuse the application, the owner may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the receipt of the notice under subparagraph 1 ii of subsection (5), a notice of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 10; 2021, c. 4, Sched. 6, s. 74 (2).
Same, consent of application
(8) Any person who objects to the council's decision to consent to the application and to pass a repealing by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under subparagraph 2 ii of subsection (5), a notice of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 10; 2021, c. 4, Sched. 6, s. 74 (2).
(9) If no notice of appeal is given within the time period specified in subsection (7) or (8), as the case may be, the decision of the council under subsection (5) is final and, if the council consented to the application and passed a repealing by-law,
(b) the clerk shall ensure that a copy of the repealing by-law is registered against the property affected by the by-law in the appropriate land registry office and that a copy of the registered repealing by-law is served on the Trust; and
(c) the clerk shall delete any reference to the property from the register referred to in subsection 27 (1). 2019, c. 9, Sched. 11, s. 10.
(10) If a notice of appeal is given within the time period specified in subsection (7) or (8), as the case may be, the Tribunal shall hold a hearing and, before holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine. 2019, c. 9, Sched. 11, s. 10.
(11) If a notice of appeal is given within the time period specified in subsection (7) or (8), as the case may be, the clerk of the municipality shall ensure that the record of the decision under subsection (5) is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. 2019, c. 9, Sched. 11, s. 10.
(11.1) Repealed: 2019, c. 9, Sched. 11, s. 10.
(12) After holding the hearing, the Tribunal shall do the following:
1. If the appeal relates to a decision of council to refuse the application,
i. dismiss the appeal, or
ii. allow the appeal in whole or in part and,
A. repeal the by-law or part thereof designating the property, or
B. direct the council of the municipality to repeal the by-law or part thereof designating the property in accordance with the Tribunal's order.
2. If the appeal relates to a decision of council to consent to the application and to pass a repealing by-law,
A. repeal the repealing by-law,
B. amend the repealing by-law in such manner as the Tribunal may determine,
C. direct the council of the municipality to repeal the repealing by-law, or
D. direct the council of the municipality to amend the repealing by-law in accordance with the Tribunal's order. 2019, c. 9, Sched. 11, s. 10.
(13) Despite the Statutory Powers Procedure Act and subsections (10) and (12) of this section, the Tribunal may, on its own motion or on the motion of any party, dismiss all or part of the appeal without holding a hearing on the appeal if,
(b) the appellant has not provided written reasons in support of the objection referred to in subsection (7) or (8), as the case may be;
(d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 2019, c. 9, Sched. 11, s. 10; 2021, c. 4, Sched. 6, s. 74 (2).
(b) give the appellant an opportunity to make representations with respect to the proposed dismissal. 2019, c. 9, Sched. 11, s. 10.
(15) If one or more notices of appeal are given to the clerk within the time period specified in subsection (7), the following rules apply:
1. A repealing by-law passed by the municipality under paragraph 2 of subsection (5) comes into force when all of such appeals have been withdrawn or dismissed.
2. The repeal of a by-law or a part of a by-law under sub-subparagraph 1 ii A of subsection (12) comes into force on the day it is so ordered by the Tribunal.
3. A by-law repealing a by-law or part thereof under sub-subparagraph 1 ii B of subsection (12) comes into force on the day the by-law is passed by the municipality.
4. The repeal of a repealing by-law under sub-subparagraph 2 ii A of subsection (12) comes into force on the day it is so ordered by the Tribunal.
5. If a repealing by-law is amended by the Tribunal under sub-subparagraph 2 ii B of subsection (12), the repealing by-law, as amended by the Tribunal, comes into force on the day it is so amended.
6. If a repealing by-law is repealed by a council under sub-subparagraph 2 ii C of subsection (12), the by-law that repeals the repealing by-law comes into force on the day it is passed.
7. If a repealing by-law is amended by a council under sub-subparagraph 2 ii D of subsection (12), the repealing by-law, as amended by council, comes into force on the day it is so amended. 2019, c. 9, Sched. 11, s. 10.
(16) The clerk of a municipality shall ensure that a copy of the repealing by-law is registered against the properties affected by the by-law in the appropriate land registry office and that a copy of the registered repealing by-law is served on the Trust. 2019, c. 9, Sched. 11, s. 10.
(17) If a repealing by-law comes into effect under subsection (15), the municipality shall cause the clerk to delete any reference to the property from the register referred to in subsection 27 (1). 2019, c. 9, Sched. 11, s. 10.
(18) If a prescribed circumstance applies, the owner of the property may not reapply to have the by-law or part thereof designating the property repealed within the time period determined in accordance with the regulations, except with the consent of the council. 2019, c. 9, Sched. 11, s. 10.
(19)-(23) Repealed: 2019, c. 9, Sched. 11, s. 10.
2005, c. 6, s. 1, 20 (1-5) - 28/04/2005
2019, c. 9, Sched. 11, s. 10 - 01/07/2021
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.
(2) An application under subsection (1) shall be accompanied by the prescribed information and material. 2019, c. 9, Sched. 11, s. 11.
(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 application
(4) The council shall, upon receiving all information and material required under subsections (2) and (3), if any, serve a notice on the applicant informing the applicant that the application is complete. 2019, c. 9, Sched. 11, s. 11.
Notification re completeness of application
(5) The council may, at any time, notify the applicant of the information and material required under subsection (2) or (3) that has been provided, if any, and any information and material under those subsections that has not been provided. 2019, c. 9, Sched. 11, s. 11.
(6) The council, after consultation with its municipal heritage committee, if one is established, and within the time period determined under subsection (7),
(b) shall serve notice of its decision on the owner of the property and on the Trust. 2019, c. 9, Sched. 11, s. 11.
(7) For the purposes of subsection (6), the time period is determined as follows:
1. Unless paragraph 2 applies, the period is 90 days after a notice under subsection (4) is served on the applicant or such longer period after the notice is served as is agreed upon by the owner and the council.
2. If a notice under subsection (4) or (5) is not served on the applicant within 60 days after the day the application commenced, as determined in accordance with the regulations, the period is 90 days after the end of that 60-day period or such longer period after the end of the 60-day period as is agreed upon by the owner and the council. 2019, c. 9, Sched. 11, s. 11.
(8) If the council fails to notify the owner under clause (6) (b) within the time period determined under subsection (7), the council shall be deemed to have consented to the application. 2019, c. 9, Sched. 11, s. 11.
(9) If the council of a municipality consents to an application upon certain terms and conditions or refuses an application, the owner may, within 30 days after receipt of the notice under clause (6) (b), appeal the council's decision to the Tribunal by giving a notice of appeal to the Tribunal and to the clerk of the municipality setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 11; 2021, c. 4, Sched. 6, s. 74 (2).
(10) If a notice of appeal is given within the time period specified in subsection (9), the Tribunal shall hold a hearing and, before holding the hearing, shall give notice of the hearing to the owner of the property and to such other persons or bodies as the Tribunal may determine. 2019, c. 9, Sched. 11, s. 11.
(11) After holding a hearing, the Tribunal may order,
(b) that the municipality consent to the application without terms and conditions or with such terms and conditions as the Tribunal may specify in the order. 2019, c. 9, Sched. 11, s. 11.
(b) the appellant has not provided written reasons in support of the objection to the decision of the council of the municipality;
Notice of Tribunal's decision
(14) The council shall serve notice of the Tribunal's decision under subsection (11) or (12) on the Trust. 2019, c. 9, Sched. 11, s. 11.
(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. 2019, c. 9, Sched. 11, s. 11.
(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. 2019, c. 9, Sched. 11, s. 11.
(17) If property is designated under this Part as property of historic or architectural value or interest, either before the day section 29 of this Act is amended by section 2 of Schedule F to the Government Efficiency Act, 2002 or under subsection 29 (16) of this Act after that day,
(b) despite its amendment by subsection 2 (16) of Schedule F to the Government Efficiency Act, 2002, subsection (1) of this section, as it read immediately before the day subsection 2 (16) of Schedule F to the Government Efficiency Act, 2002 came into force, continues to apply to the property. 2019, c. 9, Sched. 11, s. 11.
2002, c. 18, Sched. F, s. 2 (16, 17) - 26/11/2002
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 (12) (b) or subsection 29 (19), as the case may be. 2019, c. 9, Sched. 11, s. 12.
(1.1), (1.2) Repealed: 2019, c. 9, Sched. 11, s. 12.
Notice confirming complete application
(4.1) The council may, at any time, notify the applicant of the information and material required under subsection (2) or (3) that has been provided, if any, and any information and material under those subsections that has not been provided. 2019, c. 9, Sched. 11, s. 12.
(4.2) The council, after consultation with its municipal heritage committee, if one is established, and within the time period determined under subsection (4.3),
(ii) consent to the application, subject to such terms and conditions as may be specified by the council, or
(iii) refuse the application;
(b) shall serve notice of its decision on the owner of the property and on the Trust; and
(c) shall publish its decision in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11, s. 12.
(4.3) For the purposes of subsection (4.2), the time period is determined as follows:
2. If a notice under subsection (4) or (4.1) is not served on the applicant within 60 days after the day the application commenced, as determined in accordance with the regulations, the period is 90 days after the end of that 60-day period or such longer period after the end of the 60-day period as is agreed upon by the owner and the council. 2019, c. 9, Sched. 11, s. 12.
(4.4) If the council fails to notify the owner under clause (4.2) (b) within the time period determined under subsection (4.3), the council shall be deemed to have consented to the application. 2019, c. 9, Sched. 11, s. 12.
2009, c. 33, Sched. 11, s. 6 (9, 10) - 15/12/2009
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).
(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.
(3) A notice of appeal shall set out the objection to the council's decision and the reasons in support of the objection and be accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 13 (2); 2021, c. 4, Sched. 6, s. 74 (2).
(4) If a notice of appeal is given within the time period specified in subsection (2), the Tribunal shall hold a hearing and, before holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine. 2019, c. 9, Sched. 11, s. 13 (2).
(5) After holding a hearing, the Tribunal may order,
(b) that the municipality consent to the demolition or removal referred to in paragraph 1 or 2 of subsection 34 (1), as the case may be, without terms and conditions or with such terms and conditions as the Tribunal may specify in the order. 2019, c. 9, Sched. 11, s. 13 (2).
(6) Despite the Statutory Powers Procedure Act and subsections (4) and (5), the Tribunal may, on its own motion or on the motion of any party, dismiss all or part of the appeal without holding a hearing on the appeal if,
(d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 2019, c. 9, Sched. 11, s. 13 (2); 2021, c. 4, Sched. 6, s. 74 (2).
(7) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection (6), the Tribunal shall,
(b) give the appellant an opportunity to make representations with respect to the proposed dismissal. 2019, c. 9, Sched. 11, s. 13 (2).
(8) The council shall serve notice of the Tribunal's decision under subsection (5) or (6) to the Trust. 2019, c. 9, Sched. 11, s. 13 (2).
2019, c. 9, Sched. 11, s. 13 (1, 2) - 01/07/2021
2021, c. 4, Sched. 6, s. 74 (2), para. 6 - 01/06/2021; 2021, c. 4, Sched. 6, s. 74 (2), para. 7 - 01/07/2021
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,
(b) subsection 34 (7) does not apply to the application. 2005, c. 6, s. 23; 2017, c. 23, Sched. 5, s. 62.
(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 received Royal Assent, give notice of appeal to the Tribunal and to the clerk of the municipality. 2005, c. 6, s. 23; 2017, c. 23, Sched. 5, s. 62.
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.
(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.
2005, c. 6, s. 1, 24 - 28/04/2005
(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).
(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 34.6 (5) (a); or
(c) carry out 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 that was required to be served and registered under clause 34.6 (5) (a). 2005, c. 6, s. 26; 2017, c. 23, Sched. 5, s. 62; 2019, c. 9, Sched. 11, s. 15 (2).
(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), as they read immediately before the day section 11 of Schedule 11 to the More Homes, More Choice Act, 2019 came into force, apply with necessary modifications to such an application. 2019, c. 9, Sched. 11, s. 15 (3).
(5) For the purposes of the application of subsection 33 (4), as it read immediately before the day section 11 of Schedule 11 to the More Homes, More Choice Act, 2019 came into force, to an application for the Minister's consent made under subsection (4) of this section, subsection 33 (4) shall be deemed to require the Minister to consult with the Trust, and not with a municipal heritage committee, before rendering a decision under that subsection. 2019, c. 9, Sched. 11, s. 15 (3).
(6) The owner of a property designated under subsection (1) may apply to the Minister for the Minister's consent to a demolition or removal referred to in clause (2) (b) or (c). 2005, c. 6, s. 26; 2019, c. 9, Sched. 11, s. 15 (4).
Application, appeal to Tribunal
(11) 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 a demolition or removal referred to in clause (2) (b) or (c) in respect of a property designated under subsection (1),
(b) in the case of property situated in a municipality, to the council of the municipality or to an official of the municipality designated by the council of the municipality for the purposes of such a delegation. 2005, c. 6, s. 26; 2019, c. 9, Sched. 11, s. 15 (5).
2019, c. 9, Sched. 11, s. 15 (1-5) - 01/07/2021
Referral of objection to Tribunal
(6) If a notice of objection is served on the Minister under subsection (4), the Minister shall, upon expiration of the 30-day period referred to in that subsection, refer the matter to the Tribunal for a hearing and report. 2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1).
(7) If a matter is referred to the Tribunal under subsection (6), the Tribunal 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. 2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1).
(8) The Minister, the owner of the property in question, any person who has served a notice of objection under subsection (4) and such other persons as the Tribunal may specify are parties to the hearing. 2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1).
(9), (10) Repealed: 2021, c. 4, Sched. 6, s. 74 (6).
(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 Tribunal considers adequate to give the public in the territory reasonable notice of the hearing. 2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1).
(12) Repealed: 2021, c. 4, Sched. 6, s. 74 (6).
(13) Within 30 days after the conclusion of a hearing under subsection (7) or as soon thereafter as is practicable, the Tribunal 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. 2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1).
(14) The Tribunal shall send a copy of its report to the other parties to the hearing. 2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1).
(15) After considering the report of the Tribunal, the Minister, without further hearing, shall make any order or take any action set out in subsection (5) and follow the requirements of that subsection. 2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1).
(17) A person who has served a notice of objection under subsection (4) 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 Tribunal. 2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1).
No hearing
(18) If the Tribunal has received notices of withdrawal for all the notices of objection that were served under subsection (4), the Tribunal 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 (5) as if no notice of objection had been served. 2009, c. 33, Sched. 11, s. 6 (11); 2021, c. 4, Sched. 6, s. 74 (1).
2009, c. 33, Sched. 11, s. 6 (11) - 15/12/2009
2021, c. 4, Sched. 6, s. 74 (1, 6) - 01/06/2021
(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 Tribunal. 2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1).
(6) Subsections 32 (5) to (10) and (13), as they read immediately before the day section 10 of Schedule 11 to the More Homes, More Choice Act, 2019 came into force, apply with necessary modifications to a hearing by the Tribunal under this section. 2005, c. 6, s. 26; 2009, c. 33, Sched. 11, s. 6 (12); 2019, c. 9, Sched. 11, s. 16; 2021, c. 4, Sched. 6, s. 74 (1).
(7) After considering the report of the Tribunal, the Minister, without further hearing, shall,
(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. 2005, c. 6, s. 26; 2021, c. 4, Sched. 6, s. 74 (1).
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.
Service of order
(5) The Minister may serve a stop order issued under this section on the owner of the property in question or any person in apparent possession of the property by any method of service described in subsection 67 (1) and by posting the order in a conspicuous place on the property to which it applies. 2009, c. 33, Sched. 11, s. 6 (13).
Service deemed effective
(6) Service under subsection (5) is effective from the earlier of the date of posting or the effective date of service described in subsections 67 (2) to (4). 2009, c. 33, Sched. 11, s. 6 (13).
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).
2002, c. 17, Sched. F, Table - 01/01/2003
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).
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).
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).
(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 Municipal Act, 2001
(3) Section 106 of the Municipal Act, 2001 does not apply to a grant or loan made under subsection (1). 2009, c. 33, Sched. 11, s. 6 (14).
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.
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. 2005, c. 6. s. 29.
(4) Any person who objects to a by-law passed under subsection (1) may appeal to the Tribunal 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 charged by the Tribunal. 2017, c. 23, Sched. 5, s. 65; 2021, c. 4, Sched. 6, s. 74 (2).
(5) Subsections 41 (6) to (9) apply with necessary modifications to an appeal under subsection (4). 2005, c. 6. s. 29; 2006, c. 11, Sched. B, s. 11 (4).
41 (1) Where there is in effect in a municipality an official plan that contains provisions relating to the establishment of heritage conservation districts, the council of the municipality may by by-law designate the municipality or any defined area or areas thereof as a heritage conservation district. R.S.O. 1990, c. O.18, s. 41 (1); 2002, c. 18, Sched. F, s. 2 (23).
(2.1) A property that is designated by the Minister under subsection 34.5 (1) and is included in an area designated as a heritage conservation district under this Part is subject to subsections 34.5 (2) to (12), and not to this Part, with respect to any alterations of the property or any demolition or removal referred to in clause 34.5 (2) (b) or (c) in respect of the property. 2005, c. 6. s. 30 (1); 2019, c. 9, Sched. 11, s. 18 (1).
(2.2) A property that is designated by a municipality under section 29 and is included in an area designated as a heritage conservation district under this Part is subject to section 30 and sections 33 to 34.4, and not to this Part, with respect to any alterations of the property or any demolition or removal referred to in subsection 34 (1) in respect of the property if,
(b) no heritage conservation district plan has been adopted by the council of the municipality under section 41.1 with respect to the heritage conservation district. 2005, c. 6. s. 30 (1); 2019, c. 9, Sched. 11, s. 18 (2).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 41 (2.3) of the Act is amended by striking out "or demolition or removal of buildings or structures on the property" and substituting "or demolition or removal referred to in subsection 42 (1) in respect of the property". (See: 2019, c. 9, Sched. 11, s. 18 (3))
(4) Any person who objects to the by-law may appeal to the Tribunal by giving the Tribunal and 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 charged by the Tribunal. 2017, c. 23, Sched. 5, s. 66 (1); 2019, c. 9, Sched. 11, s. 18 (4); 2021, c. 4, Sched. 6, s. 74 (2).
(5) If no notice of appeal is given within the time period specified in subsection (4),
(b) the clerk shall ensure that a copy of the by-law is registered against the properties affected by the by-law in the appropriate land registry office and that a copy of the registered by-law is served on the Trust. 2005, c. 6. s. 30 (2); 2019, c. 9, Sched. 11, s. 18 (5).
(6) If a notice of appeal is given within the time period specified in subsection (4), the Tribunal shall hold a hearing and, before holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine. 2017, c. 23, Sched. 5, s. 66 (2); 2019, c. 9, Sched. 11, s. 18 (6).
(7) After holding the hearing, the Tribunal shall,
(iv) direct the council of the municipality to amend the by-law in accordance with the Tribunal's order. 2017, c. 23, Sched. 5, s. 66 (2).
(c) the appellant has not paid the fee charged by the Tribunal;
(d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal; or
(e) the appellant has not participated in the public process for the adoption of the relevant heritage conservation district plan under section 41.1 by either making an oral submission at a public meeting or by submitting written submissions to the council of the municipality and the Tribunal believes there is no reasonable explanation for failing to do so. 2017, c. 23, Sched. 5, s. 66 (2); 2021, c. 4, Sched. 6, s. 74 (2).
(b) give the appellant an opportunity to make representations with respect to the proposed dismissal. 2002, c. 18, Sched. F, s. 2 (25); 2017, c. 23, Sched. 5, s. 62; 2019, c. 9, Sched. 11, s. 18 (7).
(b) if the by-law is amended by the Tribunal under subclause (7) (b) (ii), the by-law, as amended by the Tribunal, comes into force on the day it is so amended; or
(c) if the by-law is amended by the council pursuant to subclause (7) (b) (iv), the by-law, as amended by the council, comes into force on the day it is so amended. 2002, c. 18, Sched. F, s. 2 (25); 2017, c. 23, Sched. 5, s. 66 (3).
(10.1) The clerk of a municipality shall ensure that a copy of the by-law made under this section is registered in the appropriate land registry office promptly after it comes into force and that a copy of the registered by-law is served on the Trust. 2005, c. 6, s. 30 (4); 2019, c. 9, Sched. 11, s. 18 (8).
(11) If, on the day subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002 comes into force, a by-law designating a heritage conservation district has been passed by a municipality and the Tribunal has not begun to hold a hearing under subsection (6) of this section, as it read immediately before that day, subsections (3) to (10) of this section apply to the by-law. 2002, c. 18, Sched. F, s. 2 (25); 2017, c. 23, Sched. 5, s. 62.
(12) If, on the day subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002 comes into force, a by-law designating a heritage conservation district has been passed by a municipality and the Tribunal has completed or has begun to hold a hearing under subsection (6) of this section, as it read before that day, but has not yet issued its formal order,
(b) despite their repeal by subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002, subsections (3) to (8) of this section, as they read immediately before the day subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002 came into force, continue to apply to the by-law. 2002, c. 18, Sched. F, s. 2 (25) ; 2017, c. 23, Sched. 5, s. 66 (4).
2002, c. 18, Sched. F, s. 2 (23-25) - 26/11/2002
2017, c. 23, Sched. 5, s. 62, 66 (1-4) - 03/04/2018
2019, c. 9, Sched. 11, s. 18 (1, 2, 4-8) - 01/07/2021; 2019, c. 9, Sched. 11, s. 18 (3) - not in force
42 (1) No owner of property situated in a heritage conservation district that has been designated by a municipality under this Part shall do any of the following, unless the owner obtains a permit from the municipality to do so:
Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 42 (1) of the Act is repealed and the following substituted: (See: 2019, c. 9, Sched. 11, s. 19 (1))
2. Erect any building or structure on the property or permit the erection of such a building or structure.
3. Demolish or remove, or permit the demolition or removal of, any attribute of the property if the demolition or removal would affect a heritage attribute described in the heritage conservation district plan that was adopted for the heritage conservation district in a by-law registered under subsection 41 (10.1).
4. 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 a heritage attribute described in the heritage conservation district plan that was adopted for the heritage conservation district in a by-law registered under subsection 41 (10.1).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 42 (2.1) of the Act is amended by striking out "or to erect, demolish or remove a building or structure on the property" at the end and substituting "or to do anything referred to in paragraph 2, 3 or 4 of subsection (1) in respect of the property". (See: 2019, c. 9, Sched. 11, s. 19 (2))
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 42 (4.1) of the Act is amended by striking out "to demolish or remove any building or structure on property" and substituting "to do anything referred to in paragraph 2, 3 or 4 of subsection (1) in respect of the property". (See: 2019, c. 9, Sched. 11, s. 19 (3))
(6) If the council refuses the permit applied for or gives the permit with terms and conditions attached, the owner of the property may appeal to the Tribunal. 2005, c. 6, s. 32 (4); 2017, c. 23, Sched. 5, s. 62.
(7) To appeal to the Tribunal, the owner must give a notice of appeal to the Tribunal within 30 days after the owner receives notice that the council is refusing the application, or receives the permit with the terms and conditions attached, as the case may be. 2017, c. 23, Sched. 5, s. 67.
Tribunal's powers
(8) The Tribunal shall hear the appeal and shall,
(b) direct that the permit be issued without terms and conditions or with such terms and conditions as the Tribunal by its order may direct. 2017, c. 23, Sched. 5, s. 67.
(8.1) The council shall serve notice of the Tribunal's decision under subsection (8) on the Trust. 2019, c. 9, Sched. 11, s. 19 (4).
(9) If, on the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 comes into force, an appeal to the Tribunal, that was commenced under subsection 44 (1) of this Act as a result of the council's failure to make a decision within the period provided for in section 43 of this Act, has not been finally disposed of,
(b) despite its repeal by subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002, subsection 44 (1) of this Act, as it read immediately before the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 came into force, continues to apply to the appeal. 2002, c. 18, Sched. F, s. 2 (26); 2017, c. 23, Sched. 5, s. 62.
(13) Within 90 days of the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, the owner of property situated in a heritage conservation district designated under section 41 who, before that day, had been refused an application to demolish or remove a building or structure from the property under subsection (4) by the council of a municipality, may appeal the decision to the Tribunal if,
(b) subsection (12) does not apply to the application. 2005, c. 6, s. 32 (5); 2017, c. 23, Sched. 5, s. 62.
(14) An owner of property who wishes to appeal the decision of the council of a municipality under subsection (13) shall, within 90 days of the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, give notice of appeal to the Tribunal and to the clerk of the municipality. 2005, c. 6, s. 32 (5); 2017, c. 23, Sched. 5, s. 62.
2017, c. 23, Sched. 5, s. 62, 67 - 03/04/2018
2019, c. 9, Sched. 11, s. 19 (1-3) - not in force; 2019, c. 9, Sched. 11, s. 19 (4) - 01/07/2021
43, 44 Repealed: 2005, c. 6, s. 33.
45 Sections 36, 37, 38 and 39 apply in respect of any building or structure and the land appurtenant thereto that is situate within the area that has been designated by by-law under this Part as a heritage conservation district. R.S.O. 1990, c. O.18, s. 45.
46 The council of a municipality that forms part of an upper-tier municipality may delegate its power under this Part to the council of the upper-tier municipality. 2002, c. 17, Sched. F, Table.
47 In this Part,
48 (1) Subject to subsection (2), no person shall do any of the following unless the person applies to the Minister and is issued a licence under this Part that allows the person to carry out the activity in question:
3. With respect to a marine archaeological site that is prescribed,
i. Dive within 500 metres of the site or within any other distance of the site as may be prescribed.
ii. Operate within 500 metres of the site or within any other distance of the site as may be prescribed any type of submersible vehicle, including a remotely operated vehicle, autonomous underwater vehicle or submarine.
iii. Operate within 500 metres of the site or within any other distance of the site as may be prescribed any type of equipment, machine, device or thing capable of being used to conduct a survey, whether towed or not, including a side scan sonar or a camera. 2002, c. 18, Sched. F, s. 2 (27); 2005, c. 6, s. 35; 2009, c. 33, Sched. 11, s. 6 (15); 2019, c. 9, Sched. 11, s. 20 (1).
(a) the site is prescribed, or belongs to a prescribed class of sites;
(c) the activity undertaken is prescribed, or belongs to a prescribed class of activities. 2002, c. 18, Sched. F, s. 2 (27); 2019, c. 9, Sched. 11, s. 20 (2).
(3) A licence is not required under subsection (1) if,
(a) a licensee under this Part,
(i) has already completed archaeological fieldwork, within the meaning of the regulations, on the site, and
(ii) has provided a report to the Minister under subsection 65 (1) stating that the site has no further cultural heritage value or interest; and
(b) the report referred to in subclause (a) (ii) has been filed in the register referred to in section 65.1. 2009, c. 33, Sched. 11, s. 6 (16).
(8) The Minister may issue a licence of a class prescribed under clause 70 (1) (d.1) to an applicant if the applicant proves, to the satisfaction of the Minister, that,
(d) the applicant is in compliance with such eligibility criteria and other requirements for the issuance of a licence of that class as may be prescribed. 2002, c. 18, Sched. F, s. 2 (29); 2009, c. 24, s. 29 (1, 2); 2019, c. 9, Sched. 11, s. 20 (3).
(8.1) Subsection (8) does not apply to an applicant to whom subsection (8.2) applies. 2009, c. 24, s. 29 (3).
When applicant holds a licence from another Canadian jurisdiction
(8.2) The Minister may issue a licence of a class prescribed under clause 70 (1) (d.1) to an applicant if the applicant proves, to the satisfaction of the Minister, that,
(a) he or she holds an authorizing certificate, as defined in the Ontario Labour Mobility Act, 2009, granted by an out-of-province regulatory authority, as defined in the Ontario Labour Mobility Act, 2009, and the authorizing certificate is in good standing;
(b) the authorizing certificate permits the applicant to carry out, in a province or territory of Canada that is a party to the Agreement on Internal Trade, as defined in the Ontario Labour Mobility Act, 2009, the same type of archaeological fieldwork as that permitted by the class of licence being applied for;
(c) the past conduct of the applicant does not afford reasonable grounds for the belief that the archaeological fieldwork will not be carried out in accordance with this Part and the regulations;
(d) the activities proposed by the applicant are consistent with the conservation, protection and preservation of the heritage of Ontario; and
(e) the applicant is in compliance with such eligibility criteria and other requirements for the issuance of a licence of that class as may be prescribed and as do not contravene the Ontario Labour Mobility Act, 2009. 2009, c. 24, s. 29 (3); 2019, c. 9, Sched. 11, s. 20 (4).
(a) for any reason that would prevent the Minister from issuing a licence to the licensee under subsection (8) or (8.2) if the licensee were an applicant; or
(b) if the licensee is in breach of a term or condition of the licence. 2002, c. 18, Sched. F, s. 2 (29); 2009, c. 24, s. 29 (4).
2009, c. 24, s. 29 (1-4) - 15/12/2009; 2009, c. 33, Sched. 11, s. 6 (15, 16) - 15/12/2009
49 (1) Where the Minister proposes to refuse to issue or renew a licence or proposes to suspend or revoke a licence, he or she shall serve notice of the proposal, together with written reasons therefor, on the applicant or licensee. R.S.O. 1990, c. O.18, s. 49 (1); 2002, c. 18, Sched. F, s. 2 (30).
(2) A notice under subsection (1) shall inform the applicant or licensee of the entitlement to a hearing by the Tribunal if the applicant or licensee mails or delivers to the Minister, within fifteen days after the notice under subsection (1) is served, notice in writing requiring a hearing, and the applicant or licensee may so require such a hearing. R.S.O. 1990, c. O.18, s. 49 (2); 1993, c. 27, Sched.; 2021, c. 4, Sched. 6, s. 74 (1).
(3) Where an applicant or licensee does not require a hearing by the Tribunal in accordance with subsection (2), the Minister may carry out the proposal stated in the notice under subsection (1). R.S.O. 1990, c. O.18, s. 49 (3); 2021, c. 4, Sched. 6, s. 74 (1).
Referral to Tribunal
(4) Where an applicant or licensee requires a hearing by the Tribunal in accordance with subsection (2), the Minister shall refer the matter to the Tribunal for a hearing and report. R.S.O. 1990, c. O.18, s. 49 (4); 2021, c. 4, Sched. 6, s. 74 (1).
(5) Pursuant to a reference by the Minister under this section, the Tribunal shall, as soon as is practicable, hold a hearing to determine whether the Minister should refuse to issue or renew a licence or should suspend or revoke a licence, as the case may be, and the Minister, the applicant or licensee and such other persons as the Tribunal may specify are parties to the hearing. R.S.O. 1990, c. O.18, s. 49 (5); 2002, c. 18, Sched. F, s. 2 (31); 2021, c. 4, Sched. 6, s. 74 (1).
(6) Repealed: 2021, c. 4, Sched. 6, s. 74 (7).
(8) The Tribunal shall, within thirty days after the conclusion of a hearing under this section, make a report to the Minister setting out its findings of fact, its recommendations and any information or knowledge used by it in reaching its recommendations, and the Tribunal shall send a copy of its report to the other parties to the hearing. R.S.O. 1990, c. O.18, s. 49 (8); 2021, c. 4, Sched. 6, s. 74 (1).
(9) If the Tribunal fails to make a report within the time limited by subsection (8), such failure does not invalidate the procedure. R.S.O. 1990, c. O.18, s. 49 (9); 2021, c. 4, Sched. 6, s. 74 (1).
(12) An applicant or licensee who has submitted a notice requiring a hearing under subsection (2) may withdraw the notice at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Tribunal and, upon receipt of the notice of withdrawal, the Tribunal 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 may carry out the proposal stated in the notice under subsection (1) as if no notice had been submitted under subsection (2). 1996, c. 4, s. 60; 2021, c. 4, Sched. 6, s. 74 (1).
1993, c. 27, Sched. - 31/12/1991; 1996, c. 4, s. 60 - 03/04/1996
50 (1) The Minister may extend the time for requiring a hearing under section 49, either before or after expiration of the time fixed therein, if satisfied that there are apparent grounds for granting relief to the applicant or licensee pursuant to a hearing and that there are reasonable grounds for applying for the extension, and may give such directions as he or she considers proper consequent upon the extension. R.S.O. 1990, c. O.18, s. 50 (1).
(b) where the licensee is served with notice under section 49 that the Minister proposes to refuse to grant the renewal, until the time for giving notice requiring a hearing has expired, or until the Minister after considering the report of the Tribunal carries out the proposal stated in the notice under subsection 49 (1). R.S.O. 1990, c. O.18, s. 50 (2); 2002, c. 18, Sched. F, s. 2 (33); 2021, c. 4, Sched. 6, s. 74 (1).
51 Despite sections 49 and 50, the Minister, by notice to a licensee and without a hearing, may provisionally refuse renewal of, suspend or revoke a licence where in the Minister's opinion it is necessary to do so for the immediate protection and preservation of a property or an artifact for the purposes of this Part or where the continuation of archaeological fieldwork under the licence is in the Minister's opinion an immediate threat to the public's interest and the Minister so states in such notice, giving his or her reasons therefor, and thereafter section 49 applies as if the notice given under this section were a notice of a proposal to revoke the licence under subsection 49 (1). R.S.O. 1990, c. O.18, s. 51; 1993, c. 27, Sched.; 2002, c. 18, Sched. F, s. 2 (34).
52 (1) Where the Minister, after consultation with the Trust, intends to designate a property to be of archaeological or historical significance, he or she shall cause notice of intention to designate to be given by the Trust in accordance with subsection (2). R.S.O. 1990, c. O.18, s. 52 (1); 2005, c. 6, s. 1.
Referred to Tribunal
(6) Where a notice of objection has been served under subsection (4), the Minister shall, upon expiration of the thirty-day period under subsection (4), refer the matter to the Tribunal for a hearing and report. R.S.O. 1990, c. O.18, s. 52 (6); 2021, c. 4, Sched. 6, s. 74 (1).
(7) Pursuant to a reference by the Minister under subsection (6), the Tribunal, as soon as is practicable, shall hold a hearing open to the public to determine whether the property in question should be designated, and the Minister, the owner, any person who has filed an objection under subsection (4) and such other persons as the Tribunal may specify, are parties to the hearing. R.S.O. 1990, c. O.18, s. 52 (7); 2021, c. 4, Sched. 6, s. 74 (1).
(8) Notice of a hearing under subsection (7) shall be published in a newspaper having general circulation in the municipality in which the property is situate at least ten days prior to the date of such hearing. R.S.O. 1990, c. O.18, s. 52 (8); 2021, c. 4, Sched. 6, s. 74 (8).
(11) Within thirty days after the conclusion of a hearing under subsection (7), the Tribunal shall make a report to the Minister setting out its findings of fact, its recommendations as to whether or not the property should be designated under this Act and any information or knowledge used by it in reaching its recommendations, and the Tribunal shall send a copy of its report to the other parties to the hearing. R.S.O. 1990, c. O.18, s. 52 (11); 2021, c. 4, Sched. 6, s. 74 (1).
(12) Where the Tribunal fails to make a report within the time limited by subsection (11), such failure does not invalidate the procedure. R.S.O. 1990, c. O.18, s. 52 (12); 2021, c. 4, Sched. 6, s. 74 (1).
(14) A person who has served a notice of objection under subsection (4) 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 Tribunal. 2009, c. 33, Sched. 11, s. 6 (17); 2021, c. 4, Sched. 6, s. 74 (1).
2021, c. 4, Sched. 6, s. 74 (1, 8, 9) - 01/06/2021
53 Where a notice of intention to designate a property has been served and published under subsection 52 (2) and has not been withdrawn under clause 52 (5) (b) or 52 (13) (b), section 56 applies as if such property were designated property. R.S.O. 1990, c. O.18, s. 53.
54 The Minister may at any time, after consultation with the Trust, order the designation of a property designated under this Part to be revoked and where the designation is revoked shall,
55 (1) An owner of property designated under this Part may apply to the Minister to have the designation revoked. R.S.O. 1990, c. O.18, s. 55 (1).
(4) Where the Minister refuses an application under subsection (2), the owner may, within thirty days after receipt of the notice under subsection (2), apply to the Minister for a hearing before the Tribunal. R.S.O. 1990, c. O.18, s. 55 (4); 2021, c. 4, Sched. 6, s. 74 (1).
(5) The Minister shall, upon receipt of a notice under subsection (4), refer the matter to the Tribunal for a hearing and report, and shall publish a notice of the hearing in a newspaper having general circulation in the municipality in which the designated property is situate at least ten days prior to the date of the hearing. R.S.O. 1990, c. O.18, s. 55 (5); 2021, c. 4, Sched. 6, s. 74 (1).
(6) The Tribunal shall, as soon as is practicable, hold a hearing open to the public to review the application and the Minister and the owner and such other persons as the Tribunal may specify are parties to the hearing. R.S.O. 1990, c. O.18, s. 55 (6); 2021, c. 4, Sched. 6, s. 74 (1).
(7) Repealed: 2021, c. 4, Sched. 6, s. 74 (10).
(9) Within thirty days after the conclusion of a hearing under subsection (6), the Tribunal shall make a report to the Minister setting out its findings of fact, its recommendations as to whether or not the application should be approved, and any information or knowledge used by it in reaching its recommendations, and shall send a copy of its report to the other parties to the hearing. R.S.O. 1990, c. O.18, s. 55 (9); 2021, c. 4, Sched. 6, s. 74 (1).
(10) Where the Tribunal fails to make a report within the time limited by subsection (9), such failure does not invalidate the procedure. R.S.O. 1990, c. O.18, s. 55 (10); 2021, c. 4, Sched. 6, s. 74 (1).
(12) The owner may withdraw an application made under subsection (4) at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Tribunal and, upon receipt of the notice of withdrawal, the Tribunal 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 (2) as if no application had been made under subsection (4). 1996, c. 4, s. 62; 2021, c. 4, Sched. 6, s. 74 (1).
2021, c. 4, Sched. 6, s. 74 (1, 10) - 01/06/2021
56 (1) No person shall excavate or alter property designated under this Part or remove any artifact therefrom without first applying to the Minister and receiving a permit therefor. R.S.O. 1990, c. O.18, s. 56 (1); 2002, c. 18, Sched. F, s. 2 (35).
(3) A permit is subject to such terms and conditions to give effect to the purposes of this Part, including terms of rehabilitation and security therefor as are consented to by the applicant, imposed by the Minister or as may be prescribed. R.S.O. 1990, c. O.18, s. 56 (3); 2019, c. 9, Sched. 11, s. 21.
57 Subject to section 58, the Minister may refuse to renew or may suspend or revoke a permit for any reason that would disentitle the permittee to a permit under section 56 if the permittee were an applicant or where the permittee is in breach of a term or condition of the permit. R.S.O. 1990, c. O.18, s. 57; 2002, c. 18, Sched. F, s. 2 (37).
58 (1) Where the Minister proposes to refuse to issue or renew a permit or proposes to suspend or revoke a permit, he or she shall serve notice of the proposal together with written reasons therefor on the applicant or permittee. R.S.O. 1990, c. O.18, s. 58 (1); 2002, c. 18, Sched. F, s. 2 (38).
(2) A notice under subsection (1) shall state that the applicant or permittee is entitled to a hearing by the Tribunal if the applicant or permittee mails or delivers to the Minister a written request for a hearing within fifteen days after service of the notice under subsection (1). R.S.O. 1990, c. O.18, s. 58 (2); 2021, c. 4, Sched. 6, s. 74 (1).
(3) Where the applicant or permittee does not request a hearing by the Tribunal in accordance with subsection (2), the Minister may carry out the proposals stated in the notice under subsection (1). R.S.O. 1990, c. O.18, s. 58 (3); 2021, c. 4, Sched. 6, s. 74 (1).
(4) Where an applicant or permittee requests a hearing by the Tribunal in accordance with subsection (2), the Minister shall refer the matter to the Tribunal for a hearing and report. R.S.O. 1990, c. O.18, s. 58 (4); 2021, c. 4, Sched. 6, s. 74 (1).
(5) Pursuant to a reference by the Minister under this section, the Tribunal shall, as soon as is practicable, hold a hearing as to whether the permit to which the hearing relates should be issued or renewed or should be suspended or revoked, as the case may be, and the applicant or permittee and such other persons as the Tribunal may specify shall be parties to the hearing. R.S.O. 1990, c. O.18, s. 58 (5); 2021, c. 4, Sched. 6, s. 74 (1).
(6) Notice of a hearing under subsection (5) shall be published in a newspaper having general circulation in the municipality in which the property is situate at least ten days prior to the date of such hearing. R.S.O. 1990, c. O.18, s. 58 (6); 2021, c. 4, Sched. 6, s. 74 (11).
(8) Within thirty days after the conclusion of a hearing under subsection (5), the Tribunal shall make a report to the Minister setting out its findings of fact, its recommendations as to the issue, renewal, suspension or revocation of the permit to which the hearing relates, as the case may be, and any information or knowledge used by it in reaching its recommendations, and shall send a copy of its report to the other parties to the hearing. R.S.O. 1990, c. O.18, s. 58 (8); 2021, c. 4, Sched. 6, s. 74 (1).
(10) An applicant or permittee who has requested a hearing under subsection (2) may withdraw the request at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Tribunal and, upon receipt of the notice of withdrawal, the Tribunal 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 may carry out the proposal stated in the notice under subsection (1) as if the applicant or permittee had not requested a hearing. 1996, c. 4, s. 63; 2021, c. 4, Sched. 6, s. 74 (1).
59 (1) The Minister may extend the time for requiring a hearing under section 58, either before or after expiration of the time fixed therein, if satisfied that there are apparent grounds for granting relief to the applicant or permittee pursuant to a hearing and that there are reasonable grounds for applying for the extension and may give such directions as he or she considers proper consequent upon the extension. R.S.O. 1990, c. O.18, s. 59 (1).
(b) where the permittee is served with notice under section 58 that the Minister proposes to refuse to grant the renewal, until the time for giving notice requiring a hearing has expired, or until the Minister after considering the report of the Tribunal carries out the proposal stated in the notice under subsection 58 (1). 2002, c. 18, Sched. F, s. 2 (39); 2021, c. 4, Sched. 6, s. 74 (1).
60 Despite sections 58 and 59, the Minister, by notice to a permittee and without a hearing, may provisionally refuse renewal of, or suspend the permittee's permit where the continuation of operations under the permit is, in the Minister's opinion an immediate threat to the public's interest and the Minister so states in such notice, giving reasons therefor, and thereafter section 58 applies as if the notice given under this section were a notice of a proposal to revoke the permit under subsection 58 (1). R.S.O. 1990, c. O.18, s. 60.
61 The issue of a licence under section 48 or a permit under section 56 does not authorize the holder of such licence or permit to enter upon any property. R.S.O. 1990, c. O.18, s. 61.
62 (1) Where the Minister after consultation with the Trust is of the opinion that property is of archaeological or historical significance and is likely to be altered, damaged, or destroyed by reason of commercial, industrial, agricultural, residential or other development, the Minister may issue a stop order directed to the person responsible for such commercial, industrial, agricultural, residential or other development prohibiting any work on the property for a period of no longer than 180 days, and within that period the Minister or any person authorized by the Minister in writing may examine the property and remove or salvage artifacts from the property. R.S.O. 1990, c. O.18, s. 62 (1); 2002, c. 18, Sched. F, s. 2 (40); 2005, c. 6, s. 1.
(2) Where a stop order is made by the Minister under subsection (1) and no agreement as to payment of compensation has been reached by the Minister and the person affected by the stop order, the person affected by the stop order shall be entitled to compensation for personal or business damages resulting from the stop order, and the Expropriations Act with respect to the determination of compensation applies with necessary modifications as if the stop order imposed by this Part were an expropriation of rights. R.S.O. 1990, c. O.18, s. 62 (2); 2021, c. 4, Sched. 6, s. 74 (12).
(3) The Minister may serve a stop order issued under this section on the person affected by the stop order by any method of service described in subsection 67 (1) and by posting the order in a conspicuous place on the property to which it applies. 2009, c. 33, Sched. 11, s. 6 (18).
2021, c. 4, Sched. 6, s. 74 (12) - 01/06/2021
63 Where property is designated under section 52 and no agreement as to the payment of compensation has been reached by the Minister with the owner, the owner shall be entitled to compensation for personal or business damages for the period provided for in the order designating the property, and the Expropriations Act with respect to the determination of compensation applies with necessary modifications as if the designation and the resulting restrictions imposed by this Act were an expropriation of rights. R.S.O. 1990, c. O.18, s. 63; 2021, c. 4, Sched. 6, s. 74 (13).
64 (1) For the purpose of carrying out this Part, any person authorized by the Minister 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 52 (2).
65 (1) When so required by the Minister, a licensee shall file with the Minister a report, containing full details of work done under the licence and such other information as the Minister may require. 2005, c. 6, s. 41 (1).
(3) The register shall be available for inspection by any person at a location, in a format and at the times determined by the Minister. 2009, c. 33, Sched. 11, s. 6 (19).
66 (1) The Minister may direct that any artifact taken under the authority of a licence or a permit be deposited in such public institution as the Minister may determine, to be held in trust for the people of Ontario. 2002, c. 18, Sched. F, s. 2 (43).
67 (1) Any document required to be given, delivered or served under this Act or the regulations is sufficiently given, delivered or served if it is served,
(0.a) by email to the last known email address of the person to whom delivery or service is required to be made;
(a) by personal service;
(b) by mail to the last known address of the person to whom delivery or service is required to be made;
(c) by commercial courier to the last known address of the person to whom delivery or service is required to be made; or
(d) by a prescribed method. 2009, c. 33, Sched. 11, s. 6 (20); 2019, c. 7, Sched. 44, s. 1 (1); 2019, c. 9, Sched. 11, s. 22.
(1.1) Subject to subsection (5), service or delivery by email is effective on the day of sending unless the document was sent after 5 p.m., in which case it is effective on the following day. If the day on which service or delivery would be effective is a Saturday or a holiday, service or delivery is instead effective on the next day that is not a Saturday or a holiday. 2019, c. 7, Sched. 44, s. 1 (2).
(2) Personal service of a document is effective on the day it is given when it is left with the individual. 2009, c. 33, Sched. 11, s. 6 (20).
(3) Subject to subsection (5), service or delivery of a document by mail is effective five days after the day the document is mailed. 2009, c. 33, Sched. 11, s. 6 (20).
(4) Subject to subsection (5), service or delivery of a document by commercial courier is effective two days after the day the commercial courier received it. 2009, c. 33, Sched. 11, s. 6 (20).
(5) Subsections (1.1), (3) and (4) do not apply if the person establishes that the service was not effective at the time specified in those subsections because of an absence, accident, illness or other cause beyond the person's control. 2009, c. 33, Sched. 11, s. 6 (20); 2019, c. 7, Sched. 44, s. 1 (3).
2019, c. 7, Sched. 44, s. 1 (1-3) - 01/07/2021; 2019, c. 9, Sched. 11, s. 22 - 01/07/2021
67.1 Repealed: 2021, c. 4, Sched. 6, s. 74 (14).
68 (1) Where, before the 5th day of March, 1975, a building or structure is designated by by-law under any public or private Act as a building or structure of historic or architectural value or interest, the building or structure shall be deemed to be property designated under Part IV of this Act and Part IV applies.
68.1 (1, 2) Repealed: 2009, c. 33, Sched. 11, s. 6 (21).
(3) Repealed: 2009, c. 33, Sched. 2, s. 52 (2).
2009, c. 33, Sched. 2, s. 52 (2) - 15/12/2009; 2009, c. 33, Sched. 11, s. 6 (21) - 15/12/2009
68.2 Section 21.2 of the Statutory Powers Procedure Act and sections 23 and 24 of the Ontario Land Tribunal Act, 2021 do not apply to a decision or order made by the Tribunal under this Act. 2021, c. 4, Sched. 6, s. 74 (15).
68.3 (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 or Tribunal under this Act. 2005, c. 6, s. 43; 2017, c. 23, Sched. 5, s. 68; 2021, c. 4, Sched. 6, s. 74 (16).
69 (1) Subject to subsection (2), every person who,
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 69 (3) of the Act is amended by striking out "demolishing or removing a building or structure in contravention of section 42" and substituting "demolishing or removing a building, structure or heritage attribute in contravention of section 42". (See: 2019, c. 9, Sched. 11, s. 23)
Property altered in contravention of the Act
(5) Subsection (5.1) applies if,
(a) property designated under Part IV is altered in contravention of section 33 or 34.5; or
(b) property located in a heritage conservation district designated under Part V is altered in contravention of section 42. 2009, c. 33, Sched. 11, s. 6 (22).
(5.1) In addition to any other penalty imposed under this Act, the council of the municipality or the Minister, as the case may be, may restore the property described in subsection (5) as nearly as possible to its previous condition, if it is practicable to do so, and may recover the cost of the restoration from the owner of the property. 2009, c. 33, Sched. 11, s. 6 (22).
(5.2) Despite subsection (5.1), the council of the municipality or the Minister shall not restore the property if,
(a) in the opinion of the council or the Minister, the property is in an unsafe condition or incapable of repair; or
(b) the alteration was carried out for reasons of public health or safety or for the preservation of the property. 2009, c. 33, Sched. 11, s. 6 (22).
2019, c. 9, Sched. 11, s. 23 - not in force
70 (1) The Lieutenant Governor in Council may make regulations,
(b) prescribing additional rules and methods of service for the purposes of section 67;
(m) prescribing the alternate distance from a marine archaeological site for the purposes of subparagraphs 3 i, ii and iii of subsection 48 (1) and prescribing the circumstances in which the alternate distance applies.
(n) Repealed: 2009, c. 33, Sched. 11, s. 6 (25).
Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection 70 (1) of the Act is amended by adding the following clause: (See: 2017, c. 20, Sched. 8, s. 112 (2))
(n) prescribing provisions of the Not-for-Profit Corporations Act, 2010 that apply to the Trust.
(o) prescribing or otherwise providing for anything that is required or permitted under this Act to be prescribed or otherwise provided for in the regulations, including governing anything required or permitted to be done in accordance with the regulations;
(p) requiring additional records to be forwarded to the Tribunal for the purposes of Parts IV and V, including specifying the circumstances in which a record must be forwarded, who is required to forward the record and the timeframe in which it must be forwarded;
(q) prescribing the material and information that must be included in a record required to be forwarded to the Tribunal by this Act or the regulations made under it;
(r) providing for exceptions to a requirement to forward a record to the Tribunal set out in this Act or in the regulations made under it. R.S.O. 1990, c. O.18, s. 70; 2002, c. 18, Sched. F, s. 2 (48-50); 2005, c. 6, s. 45 (1); 2009, c. 33, Sched. 11, s. 6 (23-25); 2019, c. 9, Sched. 11, s. 24 (1).
Regulations re ss. 33 (2) and 34 (2)
(3) A regulation that prescribes information and material for the purposes of subsection 33 (2) or 34 (2) may provide that the information or material is such information or material as may be required by a municipal by-law or other prescribed instrument, or may provide that the information or material includes any information or material as may be required by a municipal by-law or other prescribed instrument. 2019, c. 9, Sched. 11, s. 24 (2).
2009, c. 33, Sched. 11, s. 6 (23-25) - 15/12/2009
71 The Lieutenant Governor in Council may make regulations providing for transitional matters as the Lieutenant Governor in Council considers necessary or advisable to,
(a) facilitate the implementation of amendments to this Act made by Schedule 11 to the More Homes, More Choice Act, 2019; and
(b) deal with any problems or issues arising as a result of the repeal, amendment, enactment or re-enactment of a provision of this Act by Schedule 11 to the More Homes, More Choice Act, 2019. 2019, c. 9, Sched. 11, s. 25.