42 (1) No owner of property situated in a heritage conservation district that has been designated by a municipality under this Part shall do any of the following, unless the owner obtains a permit from the municipality to do so: 1.  Alter, or permit the alteration of, any part of the property, other than the interior of any structure or building on the property. 2.  Erect any building or structure on the property or permit the erection of such a building or structure. 3.  Demolish or remove, or permit the demolition or removal of, any attribute of the property if the demolition or removal would affect a heritage attribute described in the heritage conservation district plan that was adopted for the heritage conservation district in a by-law registered under subsection 41 (10.1). 4.  Demolish or remove a building or structure on the property or permit the demolition or removal of a building or structure on the property. 2005, c. 6, s. 32 (1); 2019, c. 9, Sched. 11, s. 19 (1); 2022, c. 21, Sched. 6, s. 7 (1). Exception (2) Despite subsection (1), the owner of a property situated in a designated heritage conservation district may, without obtaining a permit from the municipality, carry out such minor alterations or classes of alterations as are described in the heritage conservation district plan in accordance with clause 41.1 (5) (e) to any part of the property in respect of which a permit would otherwise be required under subsection (1). 2005, c. 6, s. 32 (1). Application for permit (2.1) The owner of property situated in a designated heritage conservation district may apply to the municipality for a permit to alter any part of the property other than the interior of a building or structure on the property or to do anything referred to in paragraph 2, 3 or 4 of subsection (1) in respect of the property. 2005, c. 6, s. 32 (1); 2019, c. 9, Sched. 11, s. 19 (2). Content of application (2.2) An application under this section shall include such information as the council of the municipality may require. 2005, c. 6, s. 32 (1). Notice of receipt (3) The council, upon receipt of an application under this section together with such information as it may require under subsection (2.2), shall cause a notice of receipt to be served on the applicant. 2002, c. 18, Sched. F, s. 2 (26); 2005, c. 6, s. 32 (2); 2022, c. 21, Sched. 6, s. 7 (2). Decision of council (4) Within 90 days after the notice of receipt is served on the applicant under subsection (3) or within such longer period as is agreed upon by the applicant and the council, the council may give the applicant, (a)  the permit applied for; (b)  notice that the council is refusing the application for the permit; or (c)  the permit applied for, with terms and conditions attached. 2005, c. 6, s. 32 (3). Consultation (4.1) If the council of a municipality has established a municipal heritage committee under section 28, the council shall, before taking any action under subsection (4) with respect to an application to do anything referred to in paragraph 2, 3 or 4 of subsection (1) in respect of the property in a heritage conservation district, consult with its municipal heritage committee. 2005, c. 6, s. 32 (3); 2019, c. 9, Sched. 11, s. 19 (3). Deemed permit (5) If the council fails to do any of the things mentioned in subsection (4) within the time period mentioned in subsection (4), the council shall be deemed to have given the applicant the permit applied for. 2002, c. 18, Sched. F, s. 2 (26). Appeal to Tribunal (6) If the council refuses the permit applied for or gives the permit with terms and conditions attached, the owner of the property may appeal to the Tribunal. 2005, c. 6, s. 32 (4); 2017, c. 23, Sched. 5, s. 62. Notice of appeal (7) To appeal to the Tribunal, the owner must give a notice of appeal to the Tribunal within 30 days after the owner receives notice that the council is refusing the application, or receives the permit with the terms and conditions attached, as the case may be. 2017, c. 23, Sched. 5, s. 67. Tribunal’s powers (8) The Tribunal shall hear the appeal and shall, (a)  dismiss the appeal; or (b)  direct that the permit be issued without terms and conditions or with such terms and conditions as the Tribunal by its order may direct. 2017, c. 23, Sched. 5, s. 67. Notice of Tribunal’s decision (8.1) The council shall serve notice of the Tribunal’s decision under subsection (8) on the Trust. 2019, c. 9, Sched. 11, s. 19 (4). Transition, prior failure to give permit or notice (9) If, on the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 comes into force, an appeal to the Tribunal, that was commenced under subsection 44 (1) of this Act as a result of the council’s failure to make a decision within the period provided for in section 43 of this Act, has not been finally disposed of, (a)  subsection (5) of this section does not apply; (b)  despite its repeal by subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002, subsection 44 (1) of this Act, as it read immediately before the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 came into force, continues to apply to the appeal. 2002, c. 18, Sched. F, s. 2 (26); 2017, c. 23, Sched. 5, s. 62. Transition (10) If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, an owner of property situated in a designated heritage conservation district had applied to a municipality for a permit 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 (4), as amended by subsection 32 (3) of the Ontario Heritage Amendment Act, 2005; and (b)  subsections (10) and (12), as they read immediately before the day Ontario Heritage Amendment Act, 2005 received Royal Assent, do not apply if the council decides to refuse the application. 2005, c. 6, s. 32 (5). Same (11) If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, an owner of property situated in a designated heritage conservation district had applied to a municipality for a permit to demolish or remove a building or structure on the property and the council of the municipality had refused the application under subsection (4), 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 (10) (b) or (12) (b), as they read immediately before that day, (a)  subsections (10) and (12), 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. 32 (5). Same, exception (12) Despite subsections (10) and (11), if, on the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, a situation described in subsection (11) 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 (10) and (12), 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 property; and (c)  section 43, as it read immediately before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, continues to apply to the application. 2005, c. 6, s. 32 (5). Transition, appeal to Tribunal (13) Within 90 days of the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, the owner of property situated in a heritage conservation district designated under section 41 who, before that day, had been refused an application to demolish or remove a building or structure from the property under subsection (4) by the council of a municipality, may appeal the decision to the Tribunal if, (a)  the owner has lost his right to demolish or remove the building or structure 180 days after the day the council of the municipality refused the application under subsection (4) by virtue of subsection (11); and (b)  subsection (12) does not apply to the application. 2005, c. 6, s. 32 (5); 2017, c. 23, Sched. 5, s. 62. Notice of appeal (14) An owner of property who wishes to appeal the decision of the council of a municipality under subsection (13) shall, within 90 days of the day the Ontario Heritage Amendment Act, 2005
received Royal Assent, give notice of appeal to the Tribunal and to the clerk of the municipality. 2005, c. 6, s. 32 (5); 2017, c. 23, Sched. 5, s. 62. Application (15) Subsections (7) and (8) apply with necessary modification to an appeal under this section. 2005, c. 6, s. 32 (5). Delegation (16) The council of a municipality may delegate by by-law its power to grant permits for the alteration of property situated in a heritage conservation district designated under this Part to an employee or official of the municipality if the council has established a municipal heritage committee and consulted with it before the delegation. 2005, c. 6, s. 32 (6). Same (17) A by-law under subsection (16) may specify the alterations or classes of alterations in respect of which power to grant permits is delegated to the employee or official of the municipality. 2005, c. 6, s. 32 (6). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (26) - 26/11/2002 2005, c. 6, s. 32 (1-6) - 28/04/2005 2017, c. 23, Sched. 5, s. 62, 67 - 03/04/2018 2019, c. 9, Sched. 11, s. 19 (1-3) - 01/01/2023; 2019, c. 9, Sched. 11, s. 19 (4) - 01/07/2021 2022, c. 21, Sched. 6, s. 7 (1) - 01/01/2023; 2022, c. 21, Sched. 6, s. 7 (2) - 28/11/2022 43, 44 Repealed:  2005, c. 6, s. 33. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (26) - 26/11/2002 2005, c. 6, s. 33
- 28/04/2005