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 (1.1), (1.2) Repealed: 2019, c. 9, Sched. 11, s. 12. Application (2) An application under subsection (1) shall be accompanied by the prescribed information and material. 2019, c. 9, Sched. 11, s. 12. Other information (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. 12. Notice confirming 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. 12. Notification re completeness of 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. Decision of council (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), (a)  shall, (i)  consent to the application, (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. Same (4.3) For the purposes of subsection (4.2), 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 (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. Deemed consent (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. Transition (5) If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, an owner of property designated under section 29 had applied to a municipality for consent to demolish or remove a building or structure on the property and no decision had been made by the council of the municipality as of that day, (a)  the council’s decision shall be made in accordance with subsection (2), as amended by subsection 22 (2) of the Ontario Heritage Amendment Act, 2005; and (b)  subsections (5) and (7), as they read immediately before the day the Ontario Heritage Amendment Act, 2005
received Royal Assent, do not apply if the council decides to refuse the application.  2005, c. 6, s. 22 (4). Same (6) If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, an owner of property designated under section 29 had applied to a municipality for consent to demolish or remove a building or structure on the property and the council of the municipality had refused the application under subsection (2), then, even though 180 days had elapsed since the date of the council’s decision and the owner had complied with the requirements of clause (5) (b) or (7) (b), as they read immediately before that day, (a)  subsections (5) and (7), as they read immediately before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, do not apply with respect to the refusal of the application; and (b)  the owner shall not demolish or remove the building or structure on the property.  2005, c. 6, s. 22 (4). Same, exception (7) Despite subsections (5) and (6), if, on the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, a situation described in subsection (6) existed and the owner of the property had not only prepared the property for the demolition or removal of a building or structure but was in the course of demolishing or removing the building or structure, then, (a)  subsections (5) and (7), as they read immediately before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, continue to apply to the refusal of the application; (b)  the owner may continue the demolition or removal of the building or structure; and (c)  sections 34.1, 34.2 and 34.3, as they read immediately before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, continue to apply to the application.  2005, c. 6, s. 22 (4). (8) Repealed:  2005, c. 6, s. 22 (4). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (18) - 26/11/2002 2005, c. 6, s. 1, 22 (1-4) - 28/04/2005 2009, c. 33, Sched. 11, s. 6 (9, 10) - 15/12/2009 2019, c. 9, Sched. 11, s. 12 - 01/07/2021