Regulation - LGIC

"Proposed List of Public Bodies that will be Subject to Standards and Guidelines for Conservation of Provincial Heritage Properties,” which provides direction on the identification, protection, maintenance, use, and disposal of heritage properties owned or occupied by the Crown in Ontario.

Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Ontario Heritage Act
Summary of Proposal:
The proposed “Standards and Guidelines for Conservation of Provincial Heritage Properties” developed by the Ministry of Culture set out the criteria and process for identifying provincial heritage properties and set standards for their protection, maintenance, use, and disposal. When approved, all Ontario government ministries and prescribed public bodies must comply with the Standards and Guidelines in the management of properties in their ownership or under their control.

Provincial heritage properties are not subject to designation by municipalities or the Minister of Culture. Through the proposed policy, the province is establishing a comparable standard of identification, protection and care for provincial heritage properties.

The purpose of the Standards and Guidelines is to ensure conservation of provincial heritage properties is integrated into property planning and asset management decision-making processes. They will also ensure that decisions affecting heritage resources are informed by appropriate study and impact assessment. Among other matters, the Standards and Guidelines underline the importance of consultation with interested communities and groups in making decisions about provincial heritage property.

In developing the new Standards and Guidelines, the Ministry, as required by the Ontario Heritage Act, consulted with all affected ministries, all public bodies proposed to be prescribed by regulation and the Ontario Heritage Trust.

If the Standards and Guidelines are approved, then in accordance with section 25.2 of the Ontario Heritage Act, they would apply to provincial heritage properties that are:

owned by a ministry;
owned by a prescribed public body; or
occupied by a ministry or a prescribed public body if the terms of the occupancy agreement are such that the ministry or public body is entitled to make alterations to the property.

Prescribed public body means a public body prescribed for the purposes of Part III.1 of the Act by a regulation made under clause 70(1)(i) of the Act. Generally, candidate public bodies are Ontario government agencies and corporations that have real property holdings in more than one municipality or in an area without municipal organization. Being subject to the Standards and Guidelines means that the public body would have to follow one consistent set of rules regardless of where their properties are located. Public bodies that are not prescribed will be subject to municipal and provincial designation.

The following entities are proposed to be prescribed by regulation as public bodies for the purposes of Part III.1 of the Ontario Heritage Act:

Agricultural Research Institute of Ontario.
Hydro One Inc.
Liquor Control Board of Ontario.
McMichael Canadian Art Collection.
The Niagara Parks Commission.
Ontario Heritage Trust.
Ontario Infrastructure Projects Corporation.
Ontario Lottery and Gaming Corporation.
Ontario Power Generation Inc.
Ontario Realty Corporation.
Royal Botanical Gardens.
Toronto Area Transit Operating Authority.
St. Lawrence Parks Commission.

Further Information:
Proposal Number:
Posting Date:
February 9, 2010
Comments Due Date:
March 25, 2010