29 (1) The council of a municipality may, by by-law, designate a property within the municipality to be of cultural heritage value or interest if, (a)  where criteria for determining whether property is of cultural heritage value or interest have been prescribed, the property meets the prescribed criteria; and (b)  the designation is made in accordance with the process set out in this section. 2005, c. 6, s. 17 (1); 2019, c. 9, Sched. 11, s. 7 (1); 2022, c. 21, Sched. 6, s. 4 (1). Notice required (1.1) Subject to subsections (1.2) and (2), if the council of a municipality intends to designate a property within the municipality to be of cultural heritage value or interest, it shall cause notice of intention to designate the property to be given by the clerk of the municipality in accordance with subsection (3). 2005, c. 6, s. 17 (1); 2019, c. 9, Sched. 11, s. 7 (2). Limitation (1.2) The following rules apply if a prescribed event has occurred in respect of a property in a municipality: 1.  If the prescribed event occurs on or after January 1, 2023, the council of the municipality may give a notice of intention to designate the property under subsection (1) only if the property is listed in the register under subsection 27 (3), or a predecessor of that subsection, as of the date of the prescribed event. 2.  The council may not give a notice of intention to designate such property under subsection (1) after 90 days have elapsed from the event, subject to such exceptions as may be prescribed. 2022, c. 21, Sched. 6, s. 4 (2). Consultation (2) Where the council of a municipality has appointed a municipal heritage committee, the council shall, before giving notice of its intention to designate a property under subsection (1), consult with its municipal heritage committee. R.S.O. 1990, c. O.18, s. 29 (2); 2002, c. 18, Sched. F, s. 2 (9). Notice of intention (3) Notice of intention to designate under subsection (1) shall be, (a)  served on the owner of the property and on the Trust; and (b)  published in a newspaper having general circulation in the municipality. R.S.O. 1990, c. O.18, s. 29 (3); 2005. c. 6. s. 1. Contents of notice (4) Notice of intention to designate property that is served on the owner of property and on the Trust under clause (3) (a) shall contain, (a)  an adequate description of the property so that it may be readily ascertained; (b)  a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property; and (c)  a statement that notice of objection to the notice of intention to designate the property may be served on the clerk within 30 days after the date of publication of the notice of intention in a newspaper of general circulation in the municipality under clause (3) (b). 2005, c. 6, s. 17 (2); 2019, c. 9, Sched. 11, s. 7 (4). Same (4.1) Notice of intention to designate property that is published in a newspaper of general circulation in a municipality under clause (3) (b) shall contain, (a)  an adequate description of the property so that it may be readily ascertained; (b)  a statement explaining the cultural heritage value or interest of the property; (c)  a statement that further information respecting the notice of intention to designate the property is available from the municipality; and (d)  a statement that notice of objection to the notice of intention to designate the property may be served on the clerk within 30 days after the date of publication of the notice of intention in a newspaper of general circulation in the municipality under clause (3) (b). 2005, c. 6, s. 17 (2); 2019, c. 9, Sched. 11, s. 7 (5). Objection (5) A person who objects to a proposed designation shall, within thirty days after the date of publication of the notice of intention, serve on the clerk of the municipality a notice of objection setting out the reason for the objection and all relevant facts. R.S.O. 1990, c. O.18, s. 29 (5); 1996, c. 4, s. 55 (2); 2009, c. 33, Sched. 11, s. 6 (4). Consideration of objection by council (6) If a notice of objection has been served under subsection (5), the council of the municipality shall consider the objection and make a decision whether or not to withdraw the notice of intention to designate the property within 90 days after the end of the 30-day period under subsection (5). 2019, c. 9, Sched. 11, s. 7 (6). Notice of withdrawal (7) If the council of the municipality decides to withdraw the notice of intention to designate the property, either of its own initiative at any time or after considering an objection under subsection (6), the council shall withdraw the notice by causing a notice of withdrawal, (a)  to be served on the owner of the property, on any person who objected under subsection (5) and on the Trust; and (b)  to be published in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11, s. 7 (6). If no notice of objection or no withdrawal (8) If no notice of objection is served within the 30-day period under subsection (5) or a notice of objection is served within that period but the council decides not to withdraw the notice of intention to designate the property, the council may pass a by-law designating the property, provided the following requirements are satisfied: 1.  The by-law must be passed within 120 days after the date of publication of the notice of intention under clause (3) (b) or, if a prescribed circumstance exists, within such other period of time as may be prescribed for the circumstance. 2.  The by-law must include a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property and must comply with such requirements in relation to the statement and the description as may be prescribed and with such other requirements as may be prescribed. 3.  The council must cause the following to be served on the owner of the property, on any person who objected under subsection (5) and on the Trust: i.  A copy of the by-law. ii.  A notice that any person who objects to the by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under paragraph 4, a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 4.  The council must publish notice of the by-law in a newspaper having general circulation in the municipality, which must provide that any person who objects to the by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under this paragraph, a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 7 (6); 2021, c. 4, Sched. 6, s. 74 (2). Deemed withdrawal (9) If the council of the municipality has not passed a by-law under subsection (8) within the time set out in paragraph 1 of that subsection, the notice of intention to designate the property is deemed to be withdrawn and the municipality shall cause a notice of withdrawal, (a)  to be served on the owner of the property, on any person who objected under subsection (5) and on the Trust; and (b)  to be published in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11, s. 7 (6). Same (10) For clarity, the deemed withdrawal of a notice of intention to designate a property under subsection (9) does not prevent the council from giving a new notice of intention to designate the property in accordance with this section. 2019, c. 9, Sched. 11, s. 7 (6). Appeal to Tribunal (11) Any person who objects to the by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under paragraph 4 of subsection (8), a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 7 (6); 2021, c. 4, Sched. 6, s. 74 (2). If no notice of appeal (12) If no notice of appeal is given within the time period specified in subsection (11), (a)  the by-law comes into force on the day following the last day of the period; and (b)  the clerk shall ensure that a copy of the by-law is registered against the properties affected by the by-law in the appropriate land registry office and that a copy of the registered by-law is served on the Trust. 2019, c. 9, Sched. 11, s. 7 (6). If notice of appeal (13) If a notice of appeal is given within the time period specified in subsection (11), the Tribunal shall hold a hearing and, before holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine. 2019, c. 9, Sched. 11, s. 7 (6). Forwarding of record of decision (14) If the council of the municipality made a decision on a notice of objection under subsection (6) and if a notice of appeal is given within the time period specified in subsection (11), the clerk of the municipality shall ensure that the record of the decision under subsection (6) is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. 2019, c. 9, Sched. 11, s. 7 (6). (14.1) Repealed: 2019, c. 9, Sched. 11, s. 7 (6). Powers of Tribunal (15) After holding the hearing, the Tribunal shall, (a)  dismiss the appeal; or (b)  allow the appeal in whole or in part and, (i)  repeal the by-law, (ii)  amend the by-law in such manner as the Tribunal may determine, (iii)  direct the council of the municipality to repeal the by-law, or (iv)  direct the council of the municipality to amend the by-law in accordance with the Tribunal’s order. 2019, c. 9, Sched. 11, s. 7 (6). (15.1) Repealed: 2019, c. 9, Sched. 11, s. 7 (6). Dismissal without hearing of appeal (16) Despite the Statutory Powers Procedure Act and subsections (13) and (15), the Tribunal may, on its own motion or on the motion of any party, dismiss all or part of the appeal without holding a hearing on the appeal if, (a)  the Tribunal is of the opinion that, (i)  the reasons set out in the notice of appeal do not disclose any apparent ground upon which the Tribunal could allow all or part of the appeal, or (ii)  the appeal is not made in good faith, is frivolous or vexatious, or is made only for the purpose of delay; (b)  the appellant has not provided written reasons in support of the objection to the by-law; (c)  the appellant has not paid the fee charged by the Tribunal; or (d)  the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 2019, c. 9, Sched. 11, s. 7 (6); 2021, c. 4, Sched. 6, s. 74 (2). Representations (17) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection (16), the Tribunal shall, (a)  notify the appellant of the proposed dismissal; and (b)  give the appellant an opportunity to make representations with respect to the proposed dismissal. 2019, c. 9, Sched. 11, s. 7 (6). Coming into force (18) If one or more notices of appeal are given to the clerk within the time period specified in subsection (11), (a)  the by-law comes into force when all of such appeals have been withdrawn or dismissed; (b)  if the by-law is amended by the Tribunal under subclause (15) (b) (ii), the by-law, as amended by the Tribunal, comes into force on the day it is so amended; or (c)  if the by-law is amended by the council pursuant to subclause (15) (b) (iv), the by-law, as amended by the council, comes into force on the day it is so amended. 2019, c. 9, Sched. 11, s. 7 (6). Registration of by-law (19) The clerk of a municipality shall ensure that a copy of a by-law that comes into force under subsection (18) is registered against the properties affected by the by-law in the appropriate land registry office and that a copy of the registered by-law is served on the Trust. 2019, c. 9, Sched. 11, s. 7 (6). Transition (20) If, on the day subsection 2 (8) of Schedule F to the Government Efficiency Act, 2002 comes into force, the clerk of a municipality has given a notice of intention to designate a property as a property of historic or architectural value or interest but the council has not yet passed a by-law so designating the property and has not withdrawn its notice of intention, (a)  this section does not apply to the notice of intention; and (b)  despite its amendment by section 2 of Schedule F to the Government Efficiency Act, 2002, this section, as it read immediately before its amendment, continues to apply to the notice of intention. 2019, c. 9, Sched. 11, s. 7 (6). Same (21) If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, the clerk of a municipality had given a notice of intention to designate a property that complied with subsection (4) as it read immediately before that day but, as of that day, the council had not yet passed a by-law designating the property under this section and had not withdrawn the notice, (a)  the notice continues to have been validly given; and (b)  the requirements of subsection (4) or (4.1), as enacted on that day by subsection 17 (2) of the Ontario Heritage Amendment Act, 2005, do not apply to the notice of intention. 2019, c. 9, Sched. 11, s. 7 (6). Section Amendments with date in force (d/m/y) 1996, c. 4, s. 55 (1-3) - 03/04/1996 2002, c. 18, Sched. F, s. 2 (8-13) - 26/11/2002 2005, c. 6, s. 1, 16, 17 (1-6) - 28/04/2005 2009, c. 33, Sched. 11, s. 6 (4, 5) - 15/12/2009 2019, c. 9, Sched. 11, s. 7 (1-6) - 01/07/2021 2021, c. 4, Sched. 6, s. 74 (2), para. 1 - 01/07/2021 2022, c. 21, Sched. 6, s. 4 (1) - 28/11/2022; 2022, c. 21, Sched. 6, s. 4 (2) - 01/01/2023 CTS 01 JN 23 - 1 Effect of notice of designation