New Legislation Helps Build Strong Communities By Improving Ontario
Heritage Act
TORONTO, April 19, 2005 - The McGuinty government has passed
comprehensive amendments to the Ontario Heritage Act that will strengthen and
improve heritage protection in Ontario.
"This is a historic moment for heritage in Ontario," said Minister of
Culture Madeleine Meilleur. "For too many years, our heritage resources have
been left vulnerable. With this new legislation, we have the will and the way
to ensure that our heritage survives and thrives for the benefit of present
and future generations of Ontarians."
Since the Ontario Heritage Act was introduced in 1975, this is the first
government to make major improvements to the act to bring Ontario's heritage
legislation in line with leading jurisdictions in Canada and around the world.
The amendments to the Ontario Heritage Act will:
- Give the Province and municipalities new powers not only to delay but
to stop demolition of heritage sites. Enhanced demolition controls
will be balanced with an appeals process to respect the rights of
property owners
- Enable the Province to identify and designate sites of provincial
heritage significance
- Provide clear standards and guidelines for the preservation of
provincial heritage properties
- Enhance protection of heritage conservation districts, marine heritage
sites and archaeological resources.
"These changes to the Ontario Heritage Act are long overdue and I believe
that they will have a significant positive impact on the Province's heritage
resources," said Jane Jacobs, world-renowned urban thinker and writer. "This
new act represents real protection."
The government will continue its dialogue with stakeholders on
regulations and guidelines to ensure effective implementation of its key
amendments to the Ontario Heritage Act.
"Our improvements to the Ontario Heritage Act, especially the key
amendment to prevent demolition, will greatly change the way Ontario views and
protects its heritage," said Meilleur. "We look forward to working with
municipalities and other heritage partners as we develop regulations,
guidelines and tools to help build stronger communities and a better quality
of life for all Ontarians."
The new legislation comes into force upon Royal Assent.
Backgrounder
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PROTECTING ONTARIO'S HERITAGE
The McGuinty government has passed comprehensive amendments to the
Ontario Heritage Act to strengthen and improve heritage protection in Ontario.
In Ontario communities, heritage is reflected in landmark buildings,
small town main streets, historic neighbourhoods, scenic landscapes,
archaeological sites, special cultural places including places of worship,
cemeteries and Aboriginal sites, and such unique structures as lighthouses,
mills and barns. These heritage resources are irreplaceable.
In reviewing Ontario's heritage protection laws, the government met with
a wide variety of heritage stakeholders including heritage groups,
municipalities, First Nations, heritage property owners, faith groups and the
development and real estate industries. The government will continue the
dialogue with its stakeholders to build upon this new beginning for Ontario's
heritage.
To ensure the preservation of Ontario's heritage for present and future
generations, the McGuinty government has amended the heritage act with major
changes in eight key areas:
New municipal powers to prevent demolition of heritage sites
- Enable municipalities to prevent demolition of heritage sites
- Provide property owners who have been refused consent to demolish a
designated heritage property with a right of appeal to the Ontario
Municipal Board.
New provincial powers to identify, designate and prevent demolition of
heritage sites
- Enable the Minister of Culture to designate and prohibit demolition of
heritage property of provincial significance, in consultation with the
Ontario Heritage Trust.
Clear standards and guidelines for provincially owned heritage property
- Enable the Ministry of Culture, in consultation with ministries and
agencies affected, to develop mandatory standards and guidelines for
identifying and protecting heritage property owned or controlled by
the Province.
Improvements to the municipal designation process
- Standardize designation criteria
- Enable municipalities to recognize and list non-designated heritage
sites
- Allow municipal councils to delegate approvals for alterations to
designated heritage properties, set minimum maintenance standards for
designated sites and easily update designation bylaws.
- Shorten newspaper notice requirements for designations
- Require public notice of all de-designations.
Strengthened protection for heritage conservation districts
- Require that districts have a plan and guidelines
- Extend district controls to cover heritage property features as well
as buildings; allow minor alterations to be exempted from approvals;
enable interim controls for up to a year for districts being
considered for designation
- Require district designation bylaws be registered on title.
Increased provincial protection for significant marine heritage sites
- Enable the Province to protect the most significant marine heritage
sites by prescribing these sites in regulation and prohibiting access
without a site-specific licence.
Enhanced provisions to conserve archaeological resources
- Enhance provincial powers to ensure conservation of archaeological
resources by increasing fines to a maximum of $1 million for illegal
alteration of sites
- Enable the Province to inspect archaeological fieldwork and sites and
provide public access to certain archaeology information collected
under the proposed legislation.
Streamlined provisions for provincial heritage agencies
- Change the name of the Ontario Heritage Foundation to "Ontario
Heritage Trust," and update reference to the agency's natural heritage
role to better reflect its current mandate
- Increase Conservation Review Board administrative powers in line with
amendments to the Statutory Powers Procedure Act and require that the
board be composed of at least five members.
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