jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “alter” means to change in any manner and includes to restore, renovate, repair or disturb and “alteration” has a corresponding meaning; (“transformer”, “transformation”) “building permit” means a building permit issued under section 8 of the Building Code Act, 1992; (“permis de construire”) “donation” includes any gift, testamentary disposition, deed or trust or other form of contribution; (“don”) “heritage attributes” means, in relation to real property, and to the buildings and structures on the real property, the attributes of the property, buildings and structures that contribute to their cultural heritage value or interest; (“attributs patrimoniaux”) “inspect” includes to survey, photograph, measure and record; (“inspecter”) “licence” means a licence issued under this Act; (“licence”) “Minister” means the member of the Executive Council to whom the administration of this Act is assigned by the Lieutenant Governor in Council; (“ministre”) “municipality” means a local municipality and includes a band under the Indian Act (Canada) that is permitted to control, manage and expend its revenue money under section 69 of that Act; (“municipalité”) “owner” means the person registered on title in the proper land registry office as owner; (“propriétaire”) “permit” means a permit issued under this Act; (“permis”) “person” includes a municipality; (“personne”) “prescribed” means prescribed by regulations made under this Act; (“prescrit”) “regulations” means the regulations made under this Act; (“règlements”) “Tribunal” means the Ontario Land Tribunal; (“Tribunal”) “Trust” means the Ontario Heritage Trust continued under section 5. (“Fiducie”)  R.S.O. 1990, c. O.18, s. 1; 1993, c. 27, Sched.; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. F, s. 2 (1, 2); 2005, c. 6, s. 2; 2017, c. 23, Sched. 5, s. 61; 2019, c. 9, Sched. 11, s. 1 (1); 2021, c. 4, Sched. 6, s. 74 (3, 4). (2) Repealed: 2022, c. 21, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. F, s. 2 (1, 2) - 26/11/2002 2005, c. 6, s. 2 (1-3) - 28/04/2005 2017, c. 23, Sched. 5, s. 61 (1, 2) - 03/04/2018 2019, c. 9, Sched. 11, s. 1 (1) - 01/07/2021; 2019, c. 9, Sched. 11, s. 1 (2) - no effect - see 2022, c. 21, Sched. 6, s. 1 - 28/11/2022 2021, c. 4, Sched. 6, s. 74 (3) - 01/07/2021; 2021, c. 4, Sched. 6, s. 74 (4) - 01/06/2021 2022, c. 21, Sched. 6, s. 1 - 28/11/2022 PART I   HERITAGE CONSERVATION, PROTECTION AND PRESERVATION
2 The Minister is responsible for the administration of this Act and may determine policies, priorities and programs for the conservation, protection and preservation of the heritage of Ontario.  R.S.O. 1990, c. O.18, s. 2.
3 Such employees as are considered necessary for the administration of this Act may be appointed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 35, Sched. C, s. 99. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 99 - 20/08/2007 Part II   Ontario Heritage Trust
4 In this Part, “property” means real and personal property.  R.S.O. 1990, c. O.18, s. 4. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 3
- 28/04/2005
5 (1) The Ontario Heritage Foundation is continued as a corporation without share capital under the name Ontario Heritage Trust in English and Fiducie du patrimoine ontarien in French.  2005, c. 6, s. 4 (1). Composition of Trust (2) The Trust shall consist of a board of directors of not fewer than 12 persons who shall be appointed by the Lieutenant Governor in Council.  R.S.O. 1990, c. O.18, s. 5 (2); 1997, c. 34, s. 2; 2005, c. 6, s. 1. Board to manage affairs of Trust (3) The board of directors shall manage and conduct the affairs of the Trust.  R.S.O. 1990, c. O.18, s. 5 (3); 2005, c. 6, s. 1. Chair (4) The Lieutenant Governor in Council shall designate one of the directors to be the chair and one or more of them to be vice-chair or vice-chairs of the board of directors.  R.S.O. 1990, c. O.18, s. 5 (4). Term of office (5) A director may be appointed for a term not exceeding three years and may be reappointed for successive terms not exceeding three years each.  2005, c. 6, s. 4 (2). Quorum (6) A majority of the directors constitutes a quorum.  R.S.O. 1990, c. O.18, s. 5 (6). Vacancy (7) Where a vacancy occurs for any reason in the office of director, the vacancy may be filled by appointment by the Lieutenant Governor in Council and a person so appointed shall hold office for the remainder of the term of his or her predecessor.  R.S.O. 1990, c. O.18, s. 5 (7); 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1997, c. 34, s. 2 - 18/12/1997 2005, c. 6, s. 1, 4 (1, 2) - 28/04/2005 Not-for-Profit Corporations Act, 2010 6 The Not-for-Profit Corporations Act, 2010 does not apply to the Trust, except as prescribed. 2017, c. 20, Sched. 8, s. 112 (1); 2019, c. 9, Sched. 11, s. 2. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1
- 28/04/2005 2017, c. 20, Sched. 8, s. 112 (1) - 19/10/2021 2019, c. 9, Sched. 11, s. 2 - 01/07/2021
6 The Not-for-Profit Corporations Act, 2010 does not apply to the Trust, except as prescribed. 2017, c. 20, Sched. 8, s. 112 (1); 2019, c. 9, Sched. 11, s. 2. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1
- 28/04/2005 2017, c. 20, Sched. 8, s. 112 (1) - 19/10/2021 2019, c. 9, Sched. 11, s. 2 - 01/07/2021
7 The objects of the Trust are, (a)  to advise and make recommendations to the Minister on any matter relating to the conservation, protection and preservation of the heritage of Ontario; (b)  to receive, acquire and hold property in trust for the people of Ontario; (c)  to support, encourage and facilitate the conservation, protection and preservation of the heritage of Ontario; (d)  to preserve, maintain, reconstruct, restore and manage property of historical, architectural, archaeological, recreational, aesthetic, natural and scenic interest; (e)  to conduct research, educational and communications programs necessary for heritage conservation, protection and preservation.  R.S.O. 1990, c. O.18, s. 7; 2005, c. 6, ss. 1, 5. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1, 5 - 28/04/2005
8 (1) The directors of the Trust may make such by-laws as are necessary for, (a)  the administration of the Trust; (b)  the establishment, appointment and condition of membership therein; and (c)  any other matter necessary for carrying out the objects of the Trust.  2005, c. 6, s. 6. Same (2) With the approval of the Minister, the directors of the Trust may make by-laws establishing such honorary offices as they consider desirable and appointing persons to the offices.  2005, c. 6, s. 6. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 6
- 28/04/2005
9 The Trust may advise and make recommendations to the Minister on any matter relating to property of historical, architectural, archaeological, recreational, aesthetic, natural or scenic interest and to advise and assist the Minister in all matters to which this Act refers and in all matters as are assigned to it by or under any Act or regulation thereunder.  R.S.O. 1990, c. O.18, s. 9; 2005, c. 6, ss. 1, 7. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1, 7 - 28/04/2005
11 (1) The Trust is, for all purposes of this Act, an agent of Her Majesty in right of Ontario, and its powers under this Act may be exercised only as an agent of Her Majesty in right of Ontario.  R.S.O. 1990, c. O.18, s. 11 (1); 2005, c. 6, s. 1. Property (2) Property acquired by the Trust is the property of Her Majesty in right of Ontario and title thereto may be vested in the name of Her Majesty in right of Ontario or in the name of the Trust.  R.S.O. 1990, c. O.18, s. 11 (2); 2005, c. 6, s. 1. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1
- 28/04/2005
12 (1) The Trust shall maintain a fund, hereinafter called the “general fund”, which shall, subject to section 13, consist of money received by it from any source, including grants made under section 17.  R.S.O. 1990, c. O.18, s. 12 (1); 2005, c. 6, s. 1. Operating expenditures (2) The Trust may, subject to any conditions attached to money comprising the general fund, disburse, expend or otherwise deal with any of its general fund for the purposes of any of the objects of the Trust and to defray any expenses in connection therewith.  R.S.O. 1990, c. O.18, s. 12 (2); 2005, c. 6, s. 1. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1
- 28/04/2005
13 (1) The Trust shall maintain a reserve fund, which shall consist of money received by the Trust expressly for allocation thereto.  R.S.O. 1990, c. O.18, s. 13 (1); 2005, c. 6, s. 1. Income (2) The income of the reserve fund, or any part thereof, may be paid into and form part of the general fund.  R.S.O. 1990, c. O.18, s. 13 (2). Capital expenditures (3) The Trust shall not expend any of the capital of its reserve fund, except for investment under clause 10 (1) (h), without the consent of the Lieutenant Governor in Council.  R.S.O. 1990, c. O.18, s. 13 (3); 2005, c. 6, s. 1; 2009, c. 33, Sched. 11, s. 6 (2). Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1
- 28/04/2005 2009, c. 33, Sched. 11, s. 6 (2) - 15/12/2009
14 (1) The members of the board of directors of the Trust shall serve without remuneration but they shall be reimbursed for proper and reasonable travelling and other expenses incurred in the work of the Trust.  1997, c. 34, s. 3; 2005, c. 6, s. 1. Same (2) Except as provided by subsection (1), a person who is a member of the board of directors shall not receive, directly or indirectly, any compensation or benefit from the Trust for any service provided to the Trust or pursuant to any contract with the Trust.  1997, c. 34, s. 3; 2005, c. 6, s. 1. Section Amendments with date in force (d/m/y) 1997, c. 34, s. 3 - 18/12/1997 2005, c. 6, s. 1
- 28/04/2005
15 The Trust, its real and personal property and business and income are exempt from all assessment and taxation made, imposed or levied by or under the authority of any Act of the Legislature, but this section does not apply to any property of the Trust while leased under clause 10 (1) (b) and subsection 10 (2) to a person or organization not registered as a charitable organization under the Income Tax Act (Canada).  R.S.O. 1990, c. O.18, s. 15; 2004, c. 16, Sched. D, Table; 2005, c. 6, s. 1; 2009, c. 33, Sched. 11, s. 6 (3). Section Amendments with date in force (d/m/y) 2004, c. 16, Sched. D, Table - 01/01/2004 2005, c. 6, s. 1
- 28/04/2005 2009, c. 33, Sched. 11, s. 6 (3) - 15/12/2009
16 The accounts and financial transactions of the Trust shall be audited annually by the Auditor General.  R.S.O. 1990, c. O.18, s. 16; 2004, c. 17, s. 32; 2005, c. 6, s. 1. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32
- 30/11/2004 2005, c. 6, s. 1
- 28/04/2005
17 The Minister may make grants to the Trust at such times, in such amounts and upon such terms and conditions as he or she considers advisable and may allocate any grants so made to the general fund or reserve fund.  R.S.O. 1990, c. O.18, s. 17; 2005, c. 6, s. 1. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1
- 28/04/2005
18 Upon the recommendation of the Minister, the Lieutenant Governor in Council may, upon such terms as the Lieutenant Governor in Council considers proper, agree to guarantee and may guarantee the payment of any loan to the Trust, or any part thereof, together with interest thereon, borrowed for the purpose of carrying out the objects of the Trust.  R.S.O. 1990, c. O.18, s. 18; 2005, c. 6, s. 1. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1
- 28/04/2005
19 The form and manner of the guarantee shall be such as the Lieutenant Governor in Council approves, and the guarantee shall be signed by the Treasurer of Ontario or such other officer or officers as are designated by the Lieutenant Governor in Council, and, upon being so signed, Ontario is liable for the payment of the loan or part thereof and interest thereon guaranteed according to the terms of the guarantee.  R.S.O. 1990, c. O.18, s. 19.
20 The Lieutenant Governor in Council may make arrangements for supplying the money necessary to fulfil the requirements of any guarantee and to advance the amount necessary for that purpose out of the public funds of the Province of Ontario.  R.S.O. 1990, c. O.18, s. 20.
21 (1) The Trust shall prepare an annual report, provide it to the Minister and make it available to the public. 2017, c. 34, Sched. 46, s. 37. Same (2) The Trust shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a)  the form and content of the annual report; (b)  when to provide it to the Minister; and (c)  when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 37. Same (3) The Trust shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 37. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1
- 28/04/2005 2017, c. 34, Sched. 46, s. 37 - 01/01/2018
21.1 The Minister shall table the Trust’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 37. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 37 - 01/01/2018
21.2 The Minister may require the Trust to provide other reports. 2017, c. 34, Sched. 46, s. 37. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 37 - 01/01/2018
22 (1) Any easement or covenant entered into by the Trust may be registered against the real property affected in the proper land registry office.  R.S.O. 1990, c. O.18, s. 22 (1); 2005, c. 6, s. 1. Idem (2) Where an easement or covenant is registered against real property under subsection (1), such easement or covenant shall run with the real property and the Trust may enforce such easement or covenant, whether positive or negative in nature, against the owner or any subsequent owners of the real property and the Trust may enforce such easement or covenant even where it owns no other land which would be accommodated or benefited by such easement or covenant.  R.S.O. 1990, c. O.18, s. 22 (2); 2005, c. 6, s. 1. Assignment (3) Any easement or covenant entered into by the Trust under subsection (1) may be assigned to any person and such easement or covenant shall continue to run with the real property, and the assignee may enforce the easement or covenant as if it were the Trust and it owned no other land which would be accommodated or benefited by such easement or covenant.  R.S.O. 1990, c. O.18, s. 22 (3); 2005, c. 6, s. 1. Conflict (4) Where there is a conflict between an easement or covenant entered into by the Trust and section 33 or 34, the easement or covenant shall prevail.  R.S.O. 1990, c. O.18, s. 22 (4); 2005, c. 6, s. 1. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1
- 28/04/2005
23 The Trust shall keep a register and shall enter in the register particulars of, (a)  all properties designated under Parts IV and VI; (b)  all heritage conservation districts designated under Part V; and (c)  any other properties that in the opinion of the Minister are of cultural heritage value or interest.  2005, c. 6. s. 9. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (3) - 26/11/2002 2005, c. 6, s. 9
- 28/04/2005
23.1 Any reference to the Ontario Heritage Foundation in any Act, regulation, agreement or document in effect immediately before the day the Ontario Heritage Amendment Act, 2005 receives Royal Assent shall be deemed to be a reference to the Ontario Heritage Trust. 2005, c. 6. s. 10. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 10 - 28/04/2005 Part iii (s. 24-25.1) Repealed: 2021, c. 4, Sched. 6, s. 74 (5). 24 Repealed: 2021, c. 4, Sched. 6, s. 74 (5). Section Amendments with date in force (d/m/y) 2005, c. 6, s. 11 (1, 2) - 28/04/2005 2006, c. 34, s. 37 - 20/12/2006 2021, c. 4, Sched. 6, s. 74 (5) - 01/06/2021 24.1 Repealed: 2021, c. 4, Sched. 6, s. 74 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 52 (1) - 15/12/2009 2019, c. 7, Sched. 17, s. 134 - 01/07/2019 2021, c. 4, Sched. 6, s. 74 (5) - 01/06/2021 25 Repealed: 2021, c. 4, Sched. 6, s. 74 (5). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 74 (5) - 01/06/2021 25.1 Repealed: 2021, c. 4, Sched. 6, s. 74 (5). Section Amendments with date in force (d/m/y) 2005, c. 6, s. 12
- 28/04/2005 2017, c. 23, Sched. 5, s. 63 - 03/04/2018 2021, c. 4, Sched. 6, s. 74 (5) - 01/06/2021 part iii.1   standards and guidelines for provincial heritage properties Heritage standards and guidelines
25.3 Section 37 applies with necessary modifications to property to which this Part applies.  2005, c. 6, s. 13. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 13 - 28/04/2005 Part iv   conservation of property of cultural heritage value or interest Definitions and Application
26 (1) In this Part, “property” means real property and includes all buildings and structures thereon.  2005, c. 6, s. 14. (2) Repealed: 2019, c. 9, Sched. 11, s. 4. Publication of notice, City of Toronto (3) Where the City of Toronto is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the City under section 212 of the City of Toronto Act, 2006 is deemed to satisfy the requirement of this Part to publish notice in a newspaper.  2006, c. 11, Sched. B, s. 11 (1). Publication of notice (4) Where a municipality is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy the requirement of this Part to publish notice in a newspaper.  2006, c. 32, Sched. D, s. 13 (1). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (4) - 26/11/2002 2005, c. 6, s. 14 - 28/04/2005 2006, c. 11, Sched. B, s. 11 (1) - 01/01/2007; 2006, c. 32, Sched. D, s. 13 (1) - 01/01/2007 2019, c. 9, Sched. 11, s. 4 - 01/07/2021
26.0.1 A council of a municipality shall consider the prescribed principles, if any, when the council exercises a decision-making authority under a prescribed provision of this Part. 2019, c. 9, Sched. 11, s. 3. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 11, s. 3 - 01/07/2021
26.1 (1) This Part does not apply to property described in clause 25.2 (2) (a).  2005, c. 6, s. 14. Conflict (2) If a property described in clause 25.2 (2) (b) is designated under section 29 or under section 34.5, and if there is a conflict between a provision of the heritage standards and guidelines prepared under Part III.1 and a provision in Part IV as they apply to that property, the provision in Part IV prevails.  2005, c. 6, s. 14. Exception (3) Nothing in subsection (1) shall prevent a municipality acting under subsection 27 (3) from including in the register referred to in that subsection a reference to property described in clause 25.2 (2) (a).  2005, c. 6, s. 14; 2019, c. 9, Sched. 11, s. 5. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 14 - 28/04/2005 2019, c. 9, Sched. 11, s. 5 - 01/07/2021 Register and Municipal Heritage Committee
28 (1) The council of a municipality may by by-law establish a municipal heritage committee to advise and assist the council on matters relating to this Part, matters relating to Part V and such other heritage matters as the council may specify by by-law.  2002, c. 18, Sched. F, s. 2 (7). Members (2) The committee shall be composed of not fewer than five members appointed by the council.  2002, c. 18, Sched. F, s. 2 (7). Continuation of old committees (3) Every local architectural conservation advisory committee established by the council of a municipality before the day subsection 2 (7) of Schedule F to the Government Efficiency Act, 2002 comes into force is continued as the municipal heritage committee of the municipality, and the persons who were the members of the local architectural conservation advisory committee immediately before that day become the members of the municipal heritage committee.  2002, c. 18, Sched. F, s. 2 (7). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2002, c. 18, Sched. F, s. 2 (7) - 26/11/2002 Designation of Properties by Municipalities
34.2 (1) Within 90 days of the day the Ontario Heritage Amendment Act, 2005
received Royal Assent, the owner of property designated under section 29 who, before that day, had been refused an application to demolish or remove a building or structure from the property under subsection 34 (2) 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 34 (2) by virtue of subsection 34 (6); and (b)  subsection 34 (7) does not apply to the application.  2005, c. 6, s. 23; 2017, c. 23, Sched. 5, s. 62. Notice of appeal (2) An owner of property who wishes to appeal the decision of the council of a municipality under subsection (1) 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. 23; 2017, c. 23, Sched. 5, s. 62. Application (3) Subsections 34.1 (3) to (7) apply with necessary modifications to an appeal under this section.  2005, c. 6, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (18) - 26/11/2002 2005, c. 6, s. 23 - 28/04/2005 2017, c. 23, Sched. 5, s. 62 - 03/04/2018
34.3 (1) The council of a municipality shall take such steps or actions as may be prescribed if the owner of a property designated under section 29 has applied in writing to the council for consent to a demolition or removal referred to in paragraph 1 or 2 of subsection 34 (1) in respect of the property and, (a)  the council consents to the application under subclause 34 (4.2) (a) (i) or (ii) or is deemed to have consented to the application under subsection 34 (4.4); or (b)  the Tribunal has ordered that the municipality give its consent under clause 34.1 (5) (b). 2019, c. 9, Sched. 11, s. 14. Same (2) A regulation made for the purposes of subsection (1) may prescribe different steps or actions that must be taken by a council in different circumstances or that no steps or actions need to be taken by a council in certain circumstances. 2019, c. 9, Sched. 11, s. 14. 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, 24 - 28/04/2005 2017, c. 23, Sched. 5, s. 62 - 03/04/2018 2019, c. 9, Sched. 11, s. 14 - 01/07/2021
34.4 A process relating to a matter dealt with in any of sections 34 to 34.3 that was commenced but not completed under an Act or a part of an Act repealed by section 4 of Schedule F to the Government Efficiency Act, 2002, that was continued under sections 34 to 34.3 of this Act by this section on the day subsection 2 (18) of Schedule F to the Government Efficiency Act, 2002 came into force, and that was not complete on the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, shall be continued under sections 34 to 34.3 as they read on and after the day the Ontario Heritage Amendment Act, 2005 received Royal Assent.  2005, c. 6, s. 25. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (18) - 26/11/2002 2005, c. 6, s. 25
- 28/04/2005 Designation of Properties by Minister
34.7 (1) If a notice of intention to designate a property as property of cultural heritage value or interest of provincial significance is given under section 34.6, any permit that allowed for the alteration or demolition of the property and that was issued under any Act, including a building permit, before the day the notice was served on the owner of the property and on the Trust and published or made known under subsection 34.6 (1) is void as of that day.  2005, c. 6, s. 26. Interim control of alteration, demolition or removal (2) Subsections 34.5 (2) to (10) apply with necessary modifications to property as of the day a notice of intention to designate the property is given under section 34.6 as though the designation process were complete and the property had been designated under subsection 34.5 (1).  2005, c. 6, s. 26. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 26 - 28/04/2005
34.8 (1) If, after consultation with the Trust, the Minister decides to repeal an order designating property as property of cultural heritage value or interest of provincial significance, the Minister shall give notice of intention to repeal the order in accordance with subsection (2).  2005, c. 6, s. 26. Notice of intention (2) A notice of intention to repeal an order designating property shall be served on the owner of the property and on the Trust and, (a)  in the case of property situated in a municipality, shall be published in a newspaper of general circulation in the municipality; or (b)  in the case of property situated in unorganized territory, shall be published or otherwise made known in the territory in a manner and at such times as the Minister considers adequate to give the public in the territory reasonable notice.  2005, c. 6, s. 26. Content of notice (3) A notice of intention to repeal an order designating property shall contain, (a)  an adequate description of the property so that it may be readily ascertained; (b)  a short statement of the reason for repealing the order; and (c)  a statement that notice of objection to the repeal of the order may be served on the Minister, within 30 days after the day the notice of intention was first published or made known to the public under clause (2) (a) or (b).  2005, c. 6, s. 26. Objection (4) Within 30 days after the day the notice of intention was first published or made known to the public under clause (2) (a) or (b), a person may serve on the Minister a notice of objection to the repeal of an order designating property setting out the reason for the objection and all relevant facts.  2005, c. 6, s. 26. Application (5) Subsections 34.6 (5) to (18), as they apply to an intention to make an order to designate property, apply with necessary modifications to an intention to make an order repealing the designation of the property.  2005, c. 6, s. 26. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 26 - 28/04/2005
35 (1) Where there is a change in the ownership of property designated under section 29 by a municipality, the new owner of the property shall give notice of the change to the clerk of the municipality within 30 days of becoming the owner of the property.  2005, c. 6, s. 27. Same, Minister (2) Where there is a change in the ownership of property designated under section 34.5 by the Minister, the new owner of the property shall give notice of the change to the Minister within 30 days of becoming the owner of the property.  2005, c. 6, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 27
- 28/04/2005
35.1 In the event of a conflict between an order by the Minister designating property under section 34.5 and a municipal by-law that affects the same property, the order prevails to the extent of the conflict, but in all other respects the by-law remains in full force and effect.  2005, c. 6, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 27
- 28/04/2005
35.2 (1) The Minister may issue a stop order with respect to any property in the Province to prevent the alteration of the property, any damage to the property or the demolition or removal of any building or structure on the property if the Minister is of the opinion that, (a)  the property may be property of cultural heritage value or interest of provincial significance; and (b)  the property is likely to be altered or damaged or a building or structure located on the property is likely to be removed or demolished.  2005, c. 6, s. 27. Same (2) The Minister may make an order under this section with respect to property designated under section 29 even if the municipality has consented to the alteration, demolition or removal in question.  2005, c. 6, s. 27. Order (3) A stop order issued under this section shall direct the owner of the property in question or any person in apparent possession of the property to ensure that any activity that is likely to result in the alteration of or damage to the property or the demolition or removal of any building or structure on the property not be commenced or be discontinued for a period of up to 60 days.  2005, c. 6, s. 27. Assessment (4) During the time that a stop order is in effect, the Minister, or any person authorized by the Minister in writing, may prepare a study to assist in determining whether the property is property of cultural heritage value or interest of provincial significance and which procedures, if any, should be commenced under this Act or otherwise, in order to protect and conserve the property.  2005, c. 6, s. 27. Service of order (5) The Minister may serve a stop order issued under this section on the owner of the property in question or any person in apparent possession of the property by any method of service described in subsection 67 (1) and by posting the order in a conspicuous place on the property to which it applies.  2009, c. 33, Sched. 11, s. 6 (13). Service deemed effective (6) Service under subsection (5) is effective from the earlier of the date of posting or the effective date of service described in subsections 67 (2) to (4).  2009, c. 33, Sched. 11, s. 6 (13). Section Amendments with date in force (d/m/y) 2005, c. 6, s. 27
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35.3 (1) If a by-law passed under section 15.1 of the Building Code Act, 1992 setting out standards for the maintenance of property in the municipality is in effect in a municipality, the council of the municipality may, by by-law, (a)  prescribe minimum standards for the maintenance of the heritage attributes of property in the municipality that has been designated by the municipality under section 29 or by the Minister under section 34.5; and (b)  require property that has been designated under section 29 or 34.5 and that does not comply with the standards to be repaired and maintained to conform with the standards.  2005, c. 6, s. 27. Application (2) Sections 15.2, 15.3, 15.4, 15.5 and 15.8 of the Building Code Act, 1992 apply with necessary modifications to the enforcement of a by-law made under subsection (1).  2005, c. 6, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 27 - 28/04/2005
36 (1) The council of a municipality may pass by-laws providing for acquiring, by purchase, lease or otherwise, any property or part thereof designated under this Part, including any interest therein, for the use or purposes of this Part and for disposing of such property, or any interest therein, by sale, lease or otherwise, when no longer so required, upon such terms and conditions as the council considers necessary for the purposes of this Part.  R.S.O. 1990, c. O.18, s. 36 (1). Expropriating by-law (2) Subject to the Expropriations Act, the council of every municipality may pass by-laws providing for the expropriation of any property designated under this Part and required for the purposes of this Part and may sell, lease or otherwise dispose of the property, when no longer so required, upon such terms and conditions as the council considers necessary for the purposes of this Part.  R.S.O. 1990, c. O.18, s. 36 (2). Delegation (3) The council of a municipality that forms part of an upper-tier municipality may delegate its power under this Part to the council of the upper-tier municipality.  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003
37 (1) Despite subsection 36 (1), after consultation with its municipal heritage committee, if one is established, the council of a municipality may pass by-laws providing for the entering into of easements or covenants with owners of real property or interests in real property, for the conservation of property of cultural heritage value or interest.  2002, c. 18, Sched. F, s. 2 (19). Idem (2) Any easement or covenant entered into by a council of a municipality may be registered, against the real property affected, in the proper land registry office.  R.S.O. 1990, c. O.18, s. 37 (2). Idem (3) Where an easement or covenant is registered against real property under subsection (2), such easement or covenant shall run with the real property and the council of the municipality may enforce such easement or covenant, whether positive or negative in nature, against the owner or any subsequent owners of the real property, and the council of the municipality may enforce such easement or covenant even where it owns no other land which would be accommodated or benefited by such easement or covenant.  R.S.O. 1990, c. O.18, s. 37 (3). Assignment (4) Any easement or covenant entered into by the council of a municipality under subsection (2) may be assigned to any person and such easement or covenant shall continue to run with the real property and the assignee may enforce the easement or covenant as if it were the council of the municipality and it owned no other land which would be accommodated or benefited by such easement or covenant.  R.S.O. 1990, c. O.18, s. 37 (4). Conflict (5) Where there is a conflict between an easement or covenant entered into by a council of a municipality under subsection (1) and section 33 or 34, the easement or covenant shall prevail.  R.S.O. 1990, c. O.18, s. 37 (5). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (19) - 26/11/2002
38 (1) For the purpose of carrying out this Part, any person authorized by the council of a municipality in writing may, upon producing proper identification, inspect at any reasonable time property designated or property proposed to be designated under this Part where a notice of intention to designate has been served and published under subsection 29 (3). Obstruction of investigator (2) No person shall obstruct a person authorized to make an investigation under this section or conceal or destroy anything relevant to the subject-matter of the investigation.  R.S.O. 1990, c. O.18, s. 38.
39 (1) The council of a municipality may pass by-laws providing for the making of a grant or loan to the owner of a property designated under this Part for the purpose of paying for the whole or any part of the cost of alteration of such designated property on such terms and conditions as the council may prescribe.  R.S.O. 1990, c. O.18, s. 39 (1). Loan is lien or charge on land (2) The amount of any loan made under a by-law passed under subsection (1), together with interest at a rate to be determined by the council, may be added by the clerk of the municipality to the collector’s roll and collected in like manner as municipal taxes over a period fixed by the council, not exceeding five years, and such amount and interest shall, until payment thereof, be a lien or charge upon the land in respect of which the loan was made.  R.S.O. 1990, c. O.18, s. 39 (2). Non-application of s. 106 of Municipal Act, 2001 (3) Section 106 of the Municipal Act, 2001 does not apply to a grant or loan made under subsection (1).  2009, c. 33, Sched. 11, s. 6 (14). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 11, s. 6 (14) - 15/12/2009 PART V   HERITAGE CONSERVATION DISTRICTS
39.1 (1) In this Part, “property” means real property and includes all buildings and structures thereon.  2002, c. 18, Sched. F, s. 2 (20). Publication of notice, City of Toronto (2) Where the City of Toronto is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the City under section 212 of the City of Toronto Act, 2006 is deemed to satisfy the requirement of this Part to publish notice in a newspaper.  2006, c. 11, Sched. B, s. 11 (3). Publication of notice (3) Where a municipality is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy the requirement of this Part to publish notice in a newspaper.  2006, c. 32, Sched. D, s. 13 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (20) - 26/11/2002 2006, c. 11, Sched. B, s. 11 (3) - 01/01/2007; 2006, c. 32, Sched. D, s. 13 (2) - 01/01/2007
39.1.1 (1) This Part does not apply to property described in clause 25.2 (2) (a).  2005, c. 6. s. 28. Conflict (2) If a property described in clause 25.2 (2) (b) is included in a heritage conservation study area designated under section 40.1 or in a heritage conservation district designated under section 41, and if there is a conflict between a provision of the heritage standards and guidelines prepared under Part III.1 and a provision in Part V as they apply to that property, the provision in Part V prevails.  2005, c. 6. s. 28. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 28 - 28/04/2005
39.1.2 A council of a municipality shall consider the prescribed principles, if any, when the council exercises a decision-making authority under a prescribed provision of this Part. 2019, c. 9, Sched. 11, s. 17. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 11, s. 17 - 01/07/2021
39.2 (1) The clerk of a municipality shall keep a register of all heritage conservation districts designated under this Part that are situate in the municipality and shall ensure that the register contains a map or description of the area of each such heritage conservation district.  2002, c. 18, Sched. F, s. 2 (21). Extracts (2) The clerk of a municipality shall issue extracts from the register referred to in subsection (1) to any person on payment of the fee set by the municipality by by-law.  2002, c. 18, Sched. F, s. 2 (21). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (21) - 26/11/2002
40 (1) The council of a municipality may undertake a study of any area of the municipality for the purpose of designating one or more heritage conservation districts.  2005, c. 6. s. 29. Scope of study (2) A study under subsection (1) shall, (a)  examine the character and appearance of the area that is the subject of the study, including buildings, structures and other property features of the area, to determine if the area should be preserved as a heritage conservation district; (b)  examine and make recommendations as to the geographic boundaries of the area to be designated; (c)  consider and make recommendations as to the objectives of the designation and the content of the heritage conservation district plan required under section 41.1; (d)  make recommendations as to any changes that will be required to the municipality’s official plan and to any municipal by-laws, including any zoning by-laws.  2005, c. 6. s. 29. Consultation (3) If the council of a municipality has established a municipal heritage committee under section 28, the council shall consult with the committee with respect to the study.  2005, c. 6. s. 29. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (22) - 26/11/2002 2005, c. 6, s. 29 - 28/04/2005
40.1 (1) If the council of a municipality undertakes a study under section 40, the council may by by-law designate the area specified in the by-law as a heritage conservation study area for a period of up to one year.  2005, c. 6. s. 29. Same (2) A by-law made under subsection (1) may prohibit or set limitations with respect to, (a)  the alteration of property situated in the heritage conservation study area; and (b)  the erection, demolition or removal of buildings or structures, or classes of buildings or structures, in the heritage conservation study area.  2005, c. 6. s. 29. Notice of by-law (3) If the council of a municipality passes a by-law under subsection (1), the council shall, within 30 days after the by-law is passed, cause notice of the by-law, (a)  to be served on each owner of property located in the heritage conservation study area and on the Trust; and (b)  to be published in a newspaper of general circulation in the municipality.  2005, c. 6. s. 29. Appeal to Tribunal (4) Any person who objects to a by-law passed under subsection (1) may appeal to the Tribunal by giving the clerk of the municipality, within 30 days after the date of publication under clause (3) (b), 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. 2017, c. 23, Sched. 5, s. 65; 2021, c. 4, Sched. 6, s. 74 (2). Application (5) Subsections 41 (6) to (9) apply with necessary modifications to an appeal under subsection (4).  2005, c. 6. s. 29; 2006, c. 11, Sched. B, s. 11 (4). Limitation (6) Where the designation of a study area in a municipality ceases to be in effect, the council of the municipality shall not, during the following three years, pass a by-law designating another study area that includes an area that was part of the previously designated study area.  2005, c. 6. s. 29. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 29
- 28/04/2005 2006, c. 11, Sched. B, s. 11 (4) - 12/06/2006 2017, c. 23, Sched. 5, s. 65 - 03/04/2018 2021, c. 4, Sched. 6, s. 74 (2), para. 8 - 01/06/2021
41.2 (1) Despite any other general or special Act, if a heritage conservation district plan is in effect in a municipality, the council of the municipality shall not, (a)  carry out any public work in the district that is contrary to the objectives set out in the plan; or (b)  pass a by-law for any purpose that is contrary to the objectives set out in the plan.  2005, c. 6, s. 31. Conflict (2) In the event of a conflict between a heritage conservation district plan and a municipal by-law that affects the designated district, the plan prevails to the extent of the conflict, but in all other respects the by-law remains in full force.  2005, c. 6, s. 31. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 31 - 28/04/2005
45 Sections 36, 37, 38 and 39 apply in respect of any building or structure and the land appurtenant thereto that is situate within the area that has been designated by by-law under this Part as a heritage conservation district.  R.S.O. 1990, c. O.18, s. 45.
45.1 (1) If a by-law passed under section 15.1 of the Building Code Act, 1992 setting out standards for the maintenance of property in the municipality is in effect in a municipality, the council of the municipality may, by by-law, (a)  prescribe minimum standards for the maintenance of the heritage attributes of property situated in a heritage conservation district designated under this Part; and (b)  require property that is situated in a heritage conservation district designated under this Part and that does not comply with the standards to be repaired and maintained to conform with the standards.  2005, c. 6, s. 34. Application (2) Sections 15.2, 15.3, 15.4, 15.5 and 15.8 of the Building Code Act, 1992 apply with necessary modifications to the enforcement of a by-law made under subsection (1).  2005, c. 6, s. 34. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 34 - 28/04/2005
46 The council of a municipality that forms part of an upper-tier municipality may delegate its power under this Part to the council of the upper-tier municipality.  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 PART VI   CONSERVATION OF RESOURCES OF ARCHAEOLOGICAL VALUE
47 In this Part, “designated property” means property that is designated by the Minister under this Part; (“bien désigné”) “property” means real property, but does not include buildings or structures other than ruins, burial mounds, petroglyphs and earthworks. (“bien”)  R.S.O. 1990, c. O.18, s. 47.
50 (1) The Minister may extend the time for requiring a hearing under section 49, either before or after expiration of the time fixed therein, if satisfied that there are apparent grounds for granting relief to the applicant or licensee pursuant to a hearing and that there are reasonable grounds for applying for the extension, and may give such directions as he or she considers proper consequent upon the extension.  R.S.O. 1990, c. O.18, s. 50 (1). Continuance pending renewal (2) If a licensee applies for renewal of a licence before the end of the term of the licence, the licence shall be deemed to continue, (a)  until the renewal is granted; or (b)  where the licensee is served with notice under section 49 that the Minister proposes to refuse to grant the renewal, until the time for giving notice requiring a hearing has expired, or until the Minister after considering the report of the Tribunal carries out the proposal stated in the notice under subsection 49 (1).  R.S.O. 1990, c. O.18, s. 50 (2); 2002, c. 18, Sched. F, s. 2 (33); 2021, c. 4, Sched. 6, s. 74 (1). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (33) - 26/11/2002 2021, c. 4, Sched. 6, s. 74 (1) - 01/06/2021
51 Despite sections 49 and 50, the Minister, by notice to a licensee and without a hearing, may provisionally refuse renewal of, suspend or revoke a licence where in the Minister’s opinion it is necessary to do so for the immediate protection and preservation of a property or an artifact for the purposes of this Part or where the continuation of archaeological fieldwork under the licence is in the Minister’s opinion an immediate threat to the public’s interest and the Minister so states in such notice, giving his or her reasons therefor, and thereafter section 49 applies as if the notice given under this section were a notice of a proposal to revoke the licence under subsection 49 (1).  R.S.O. 1990, c. O.18, s. 51; 1993, c. 27, Sched.; 2002, c. 18, Sched. F, s. 2 (34). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2002, c. 18, Sched. F, s. 2 (34) - 26/11/2002
51.1 (1) The Deputy Minister may appoint inspectors for the purposes of carrying out inspections under section 51.2.  2005, c. 6, s. 37. Certificate of appointment (2) The Deputy Minister shall issue to every inspector a certificate of appointment bearing his or her signature or a facsimile of his or her signature.  2005, c. 6, s. 37. Production of certificate (3) An inspector conducting an inspection under section 51.2 shall produce his or her certificate of appointment upon request.  2005, c. 6, s. 37. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 37 - 28/04/2005
51.3 If an inspector believes that a person licensed under section 48 has failed to comply with the Act, the regulations or a term of the licence, the inspector shall prepare a report and provide a copy of the report to the Minister and to the licensee.  2005, c. 6, s. 37. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 37
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53 Where a notice of intention to designate a property has been served and published under subsection 52 (2) and has not been withdrawn under clause 52 (5) (b) or 52 (13) (b), section 56 applies as if such property were designated property.  R.S.O. 1990, c. O.18, s. 53.
54 The Minister may at any time, after consultation with the Trust, order the designation of a property designated under this Part to be revoked and where the designation is revoked shall, (a)  cause a copy of the revoking order to be served on the owner and on the clerk of the municipality in which the property is situate; (b)  cause notice of the revoking order to be published in a newspaper having general circulation in the municipality in which the property is situate; (c)  cause reference to the property to be deleted from the Register referred to in section 23; and (d)  cause a copy of the revoking order to be registered against the property affected in the proper land registry office.  R.S.O. 1990, c. O.18, s. 54; 2005, c. 6, s. 1. Section Amendments with date in force (d/m/y) 2005, c. 6, s. 1
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