Proposed Regulation under the Ontario Heritage Act
Regulation - LGIC
Bill or Act:
Ontario Heritage Act
Summary of Proposal:
As part of Ontario's Housing Supply Action Plan, the More Homes, More Choice Act, 2019 made amendments to several pieces of legislation, including the Ontario Heritage Act (OHA). The OHA amendments provide clearer direction and timelines for local decision-makers, heritage professionals and development proponents about protecting heritage properties, and create a consistent appeals process, while maintaining local control over heritage decisions.
Some of the amendments require additional details to be prescribed by the Lieutenant Governor in Council through regulation.
The OHA amendments and associated regulation will help to align municipal decisions in the heritage conservation process with Planning Act processes, improve municipal processes for identifying, designating and managing proposed changes to heritage properties, and improve clarity for property owners and development proponents.
To fulfill the intent of the Housing Supply Action Plan and bring the OHA amendments into force, the following matters are proposed to be prescribed in regulation:
1. Principles that a municipal council shall consider when making decisions under specific parts of the OHA.
2. Mandatory content for designation by-laws.
3. Events which would trigger the new 90-day timeline for issuing a notice of intention to designate and exceptions to when the timeline would apply.
4. Exceptions to the new 120-day timeline to pass a designation by-law after a notice of intention to designate has been issued.
5. Minimum requirements for complete applications for alteration or demolition of heritage properties.
6. Steps that must be taken when council has consented to the demolition or removal of a building or structure, or a heritage attribute.
7. Information and material to be provided to Local Planning Appeal Tribunal (LPAT) when there is an appeal of a municipal decision to help ensure that it has all relevant information necessary to make an appropriate decision.
8. Housekeeping amendments related to amending a designation by-law and an owner's reapplication for the repeal of a designation by-law.
9. Transition provisions.
The proposed date for all amendments to the Ontario Heritage Act and the proposed regulation to come into force is January 1, 2021.
The ministry will also be updating the Ontario Heritage Tool Kit to reflect the changes to the OHA. The ministry will post drafts of the updated guidance documents for public review and comment later in 2020.
Analysis of Regulatory Impact:
The objective of the proposed regulation is to improve provincial direction on how to use the Ontario Heritage Act, provide clearer rules and tools for decision making, and support consistency in the appeals process. Direct compliance costs and administrative burdens associated with the proposed regulation are unknown at this time.
There are anticipated social and environmental benefits as the proposed regulation seeks to achieve greater consistency to protecting and managing heritage property across the province.
September 21, 2020
Comments Due Date:
November 5, 2020