Act
Proposed Amendments to the Ontario Heritage Act, Schedule 2 of the Proposed Homeowner Protection Act, 2024
Regulation Number(s):
Ontario Heritage Act
Instrument Type:
Act
Bill or Act:
Ontario Heritage Act
Summary of Proposal:
Extension to the timeframe for reviewing "legacy listed properties"
MCM is proposing an extension to the timeframe for reviewing legacy listed properties that, if passed, would give municipalities until January 1, 2027, to issue a notice of intention to designate before these properties must be removed from the register. The proposed amendment would also adjust the start of the five-year prohibition on relisting those properties that were removed from the register under this provision accordingly.
MCM is also proposing to insert regulation making authorities allowing for these dates to be amended in the future, prior to their expiration.
Clarifying listing rules
MCM is proposing rules that, if passed, would provide clarity on how voluntarily removing a listed property ahead of the relevant legislated timelines and removal requirements would impact the application of the listing rules, including a municipality's ability to relist the property.
For listed properties voluntarily removed after these changes would come into effect, the five-year prohibition on listing would start from the date that property is voluntarily removed from the register.
An exception would be made for legacy listed properties that had been voluntarily removed from the register on or after January 1, 2023, but prior to the new rule coming into effect. As of the date the changes would come into effect:
• All the listing rules (legislated timelines and removal requirements) would continue to apply despite the voluntary removal.
• The property could be relisted following the process set out in the OHA, so long as it is relisted prior to the application of a listing rule, including the legislated deadline of January 1, 2027. However:
o If a notice of intention to designate were not issued by January 1, 2027, the property would need to be removed from the register again and the five-year prohibition on relisting would start as of this date.
o If a notice of intention to designate were issued by January 1, 2027, and the notice withdrawn, deemed withdrawn or the Ontario Land Tribunal repeals or directs the repeal of the designation bylaw, the property would need to be removed from the register again as of the date of that action and the five-year prohibition on relisting would begin as of that date.
o If the property were voluntarily removed again prior to January 1, 2027, the five-year prohibition on relisting would start as of that date.
• If the property were not relisted prior to January 1, 2027, and no notice of intention to designate were issued for the property by January 1, 2027, it could now not be relisted for a period of five-years beginning January 1, 2027.
• If the property were not relisted prior to January 1, 2027, but a notice of intention to designate the delisted property were issued by January 1, 2027, and the designation does not proceed, the property could not be relisted again for a period of five years as of the date the notice were withdrawn, deemed withdrawn or the Ontario Land Tribunal repealed or directed the repeal of the designation bylaw, as applicable.
For properties that were added to the register as a listed property on or after January 1, 2023, (i.e., "non-legacy listed properties") and were then voluntarily removed from the register before these changes came into effect, the five-year prohibition on relisting would start as of the date that they were voluntarily removed.
Proposed Implementation
If passed, all the proposed amendments to the Ontario Heritage Act would come into force upon Royal Assent.
MCM is proposing an extension to the timeframe for reviewing legacy listed properties that, if passed, would give municipalities until January 1, 2027, to issue a notice of intention to designate before these properties must be removed from the register. The proposed amendment would also adjust the start of the five-year prohibition on relisting those properties that were removed from the register under this provision accordingly.
MCM is also proposing to insert regulation making authorities allowing for these dates to be amended in the future, prior to their expiration.
Clarifying listing rules
MCM is proposing rules that, if passed, would provide clarity on how voluntarily removing a listed property ahead of the relevant legislated timelines and removal requirements would impact the application of the listing rules, including a municipality's ability to relist the property.
For listed properties voluntarily removed after these changes would come into effect, the five-year prohibition on listing would start from the date that property is voluntarily removed from the register.
An exception would be made for legacy listed properties that had been voluntarily removed from the register on or after January 1, 2023, but prior to the new rule coming into effect. As of the date the changes would come into effect:
• All the listing rules (legislated timelines and removal requirements) would continue to apply despite the voluntary removal.
• The property could be relisted following the process set out in the OHA, so long as it is relisted prior to the application of a listing rule, including the legislated deadline of January 1, 2027. However:
o If a notice of intention to designate were not issued by January 1, 2027, the property would need to be removed from the register again and the five-year prohibition on relisting would start as of this date.
o If a notice of intention to designate were issued by January 1, 2027, and the notice withdrawn, deemed withdrawn or the Ontario Land Tribunal repeals or directs the repeal of the designation bylaw, the property would need to be removed from the register again as of the date of that action and the five-year prohibition on relisting would begin as of that date.
o If the property were voluntarily removed again prior to January 1, 2027, the five-year prohibition on relisting would start as of that date.
• If the property were not relisted prior to January 1, 2027, and no notice of intention to designate were issued for the property by January 1, 2027, it could now not be relisted for a period of five-years beginning January 1, 2027.
• If the property were not relisted prior to January 1, 2027, but a notice of intention to designate the delisted property were issued by January 1, 2027, and the designation does not proceed, the property could not be relisted again for a period of five years as of the date the notice were withdrawn, deemed withdrawn or the Ontario Land Tribunal repealed or directed the repeal of the designation bylaw, as applicable.
For properties that were added to the register as a listed property on or after January 1, 2023, (i.e., "non-legacy listed properties") and were then voluntarily removed from the register before these changes came into effect, the five-year prohibition on relisting would start as of the date that they were voluntarily removed.
Proposed Implementation
If passed, all the proposed amendments to the Ontario Heritage Act would come into force upon Royal Assent.
Analysis of Regulatory Impact:
If passed, the changes resulting from Schedule 2 of the Homeowner Protection Act, 2024 would impact municipalities and property owners.
Based on preliminary analysis, combined with previous regulatory impact assessment work completed to support the Bill 23 amendments, MCM does not anticipate that the proposal would result in increased administrative or other compliance costs, including upfront or ongoing operating costs. MCM anticipates that extending the timeframe for municipalities to review legacy listed properties would help alleviate current municipal resourcing pressures associated with reviewing legacy listed properties by allowing municipalities to extend the work and associated costs over a longer period of time.
Based on preliminary analysis, combined with previous regulatory impact assessment work completed to support the Bill 23 amendments, MCM does not anticipate that the proposal would result in increased administrative or other compliance costs, including upfront or ongoing operating costs. MCM anticipates that extending the timeframe for municipalities to review legacy listed properties would help alleviate current municipal resourcing pressures associated with reviewing legacy listed properties by allowing municipalities to extend the work and associated costs over a longer period of time.
Further Information:
Link to Environmental Registry
Proposal Number:
24-MCM001
Posting Date:
May 27, 2024
Comments Due Date:
June 10, 2024
Proposal Status:
.