Overview

We developed the Ontario Heritage Act Tool Kit decision trees to help municipalities and others identify the required steps when making decisions on matters under the Ontario Heritage Act.

The decision trees include processes that cover:

  • alterations
  • designations
  • demolitions
  • amendments
  • repeals
  • objections under the act

Guidance material for the act and regulations

The ministry published these guidance materials as an aid to municipalities and others working with the Ontario Heritage Act. The information in this guidance is not intended to take the place of legal advice. In the event of any conflict or inconsistency between this guidance and any applicable legislation or regulations, including the Ontario Heritage Act and its regulations, the legislation or regulations prevail.

Alteration of property

Section 33 of the Ontario Heritage Act

This decision tree lays out the process for municipal council to consider the alteration of a designated property.

For additional detail, please see subsection 33 of the Ontario Heritage Act.

Decision tree

The process begins when the property owner applies to alter the property.

  • Step 1. The municipality determines whether the application is complete

    • If the application contains all prescribed information and material, council serves notice of complete application on the applicant within 60 days after the application being served on council.
    • If the application does not contain all prescribed information and material
      • Council serves notice of incomplete application on the applicant within 60 days after the application being served on council (where applicable).
      • If the applicant reapplies, start over at Step 1
    • If Council fails to serve either a notice of a complete or incomplete application within 60 days, the application is deemed complete at 60 days.

  • Step 2. Council considers the application to alter the property

    • Council must consult with the municipal heritage committee (if one exists).
    • Within 90 days of the notice of complete application, council must decide whether to consent to the alteration and serve a notice of decision. The property owner and council may agree on a period of longer than 90 days.
      • If council failed to serve either a notice of complete application or a notice of incomplete application within 60 days after the day the application was served on the council, the period is 90 days after the end of that 60-day period (or longer period as agreed upon by property owner/council).
      • If council fails to provide notice of the decision within the 90-day time period (or longer period as agreed upon by property owner and council), council will be deemed to have consented to the application.
    • If Council decides to allow the alteration, within 90 days after notice of complete application (or longer period as agreed upon by property owner and council):
      • A notice of decision to consent that includes terms and conditions is:
        • served on property owner
        • served on the Ontario Heritage Trust
      • If the property owner appeals the terms and conditions of the consent within 30 days after receiving the notice of consent, continue to Step 3.
      • If the property owner does not appeal the terms and conditions within 30 days, continue to Step 5.
    • If Council decides not to allow the alteration, within 90 days after notice of complete application (or longer period as agreed upon by property owner and council):
      • A notice of decision to refuse is:
        • served on property owner
        • served on the Ontario Heritage Trust
        • If council decides not to allow the alteration, within 90 days after notice of complete application (or longer period as agreed upon by property owner and council):
          • A notice of decision to refuse is:
            • served on property owner
            • served on the Ontario Heritage Trust
      • If the property owner appeals the decision to refuse the alteration within 30 days after receiving the notice of decision, continue to Step 4.
      • If the property owner does not appeal the refusal within 30 days, continue to Step 6.

  • Step 3. The property owner appeals the terms and conditions of the consent to alter the property

    • The municipality must forward the record(s) of decision on the alteration request to the Tribunal within 15 days of receiving the notice of appeal.
    • The Ontario Land Tribunal can dismiss or allow the appeal in whole or in part. The result will be one of the following three outcomes:
      • The Ontario Land Tribunal consents to the alteration with terms and conditions.
        • Council must serve notice on the Ontario Heritage Trust of the Ontario Land Tribunal’s decision.
      • The Ontario Land Tribunal consents to the alteration without terms or conditions.
        • Council must serve notice on the Ontario Heritage Trust of the Ontario Land Tribunal’s decision.
      • The Ontario Land Tribunal dismisses the appeal.
        • Council must serve notice on the Ontario Heritage Trust of the Ontario Land Tribunal’s decision.
  • For more information, please refer to the Ontario Land Tribunal website.

  • Step 4. The property owner appeals the decision to refuse to allow the property to be altered

    • The Ontario Land Tribunal considers the appeal. The result will be one of the following three outcomes:
      • The Ontario Land Tribunal consents to the alteration with terms and conditions.
        • Council must serve notice on the Ontario Heritage Trust of the Ontario Land Tribunal’s decision.
      • The Ontario Land Tribunal consents to the alteration without terms or conditions.
        • Council must serve notice on the Ontario Heritage Trust of the Ontario Land Tribunal’s decision.
      • The Ontario Land Tribunal dismisses the appeal.
        • Council must serve notice on the Ontario Heritage Trust of the Ontario Land Tribunal’s decision

  • Step 5. The property can be altered in accordance with the applicable terms and conditions

    • The process ends here.

  • Step 6. The property cannot be altered

    • The process ends here.

  • Step 7. The property can be altered as per the application

    • The process ends here.

Amendment of designating bylaw

Section 30.1 (2) of the Ontario Heritage Act

This decision tree lays out the process for municipal council to amend a bylaw designating a heritage property.

For additional detail, please see subsection 30.1 of the Ontario Heritage Act.

Decision tree

The process begins when council proposes to amend a designating bylaw.

  • Step 1. Council proposes amending a designating bylaw

    • Council must consult with the municipal heritage committee (if one exists).
    • If council decides to proceed with the amendment, continue to Step 2.
    • If council decides not to proceed with the amendment, skip ahead to Step 8.

  • Step 2. Council proceeds to amend the designating bylaw

    • The notice of the proposed amendment is:
      • Served on property owner
    • If the property owner objects within 30 days of receiving the notice of amendment, continue to Step 3.
    • If the property owner does not object within 30 days of receiving the notice of amendment, skip ahead to Step 4.

  • Step 3. Council considers the objection

    • Within 90 days of the end of the 30-day objection period, council must consider the objection and decide whether to proceed with or withdraw the proposed amendment.
    • If council proceeds with the proposed amendment, continue to Step 4.
    • If council decides to withdraw the proposed amendment, skip ahead to Step 6.

  • Step 4. Council decides on the proposal to amend the bylaw

    • Council passes the amending bylaw
      • A copy of the amending bylaw and a notice of appeal right is:
        • served on property owner
        • served on the Ontario Heritage Trust
      • A notice of the amending bylaw is published in the newspaper.
      • If the property owner files an appeal of the amending bylaw within 30 days of receiving their notice of appeal right, continue to Step 5.
      • If the property owner does not file an appeal within 30 days, skip ahead to Step 7.
    • Council does not move forward with amending the bylaw, skip ahead to Step 6.

  • Step 5. The appeal is brought before the Ontario Land Tribunal

  • Step 6. Council withdraws the proposed amendment to the designating bylaw

    • The notice of the withdrawal of the proposed amendment is:
      • served on property owner
      • Served on the Ontario Heritage Trust
      • Published in the newspaper

  • Step 7. The designating bylaw is amended

    • The amending bylaw (with or without amendments) comes into force.
    • The bylaw is registered on title.
    • A copy of the registered amending bylaw is served on the Ontario Heritage Trust.
    • Municipal register should be updated (if necessary)
    • The process ends here.

  • Step 8. The Ontario Land Tribunal considers the appeal

    • The process ends here

Amendment of designating bylaw

Section 30.1 (1) of the Ontario Heritage Act

This decision tree lays out the process for municipal council to amend a bylaw designating a heritage property.

For additional detail, please see subsection 30.1 of the Ontario Heritage Act.

Decision tree

The process begins when council proposes to amend a designating bylaw.

  • Step 1. Council proposes amending a designating bylaw

    • Council must consult with the municipal heritage committee (if one exists).
    • If council decides to proceed with the amendment, continue to Step 2.
    • If council decides not to proceed with the amendment, skip ahead to Step 8

  • Step 2. Council proceeds to propose amending the designating bylaw

    • The notice of the proposed amendment is:
      • served on property owner
      • served on the Ontario Heritage Trust
      • published in newspaper
    • If anyone objects within 30 days of the publication of the notice of amendment, continue to Step 3.
    • If nobody objects within 30 days of the publication of the notice of amendment, skip ahead to Step 4.

  • Step 3. Council considers the objection

    • Within 90 days of the end of the 30-day period, council must consider the objection and decide whether to proceed with or withdraw the proposed amendment.
    • If council proceeds with the proposed amendment, continue to Step 4.
    • If council decides to withdraw the proposed amendment, skip ahead to Step 6.

  • Step 4. Council decides on the proposal to amend the bylaw

    • Council passes the amending bylaw within 365 days of the publication of the notice of the proposed amendment (or longer period as agreed upon by owner and council).
      • A copy of the amending bylaw and a notice of appeal right is:
        • served on property owner
        • served on any person who objected under the Ontario Heritage Act (not applicable if there were no objections)
        • served on the Ontario Heritage Trust
      • A notice of the amending bylaw is published in the newspaper.
      • If an appeal of the amending bylaw is filed within 30 days of the publication of the notice of appeal right, continue to Step 5.
      • If no appeal is filed within 30 days, skip ahead to Step 7.
    • Council decides not to amend the bylaw or does not pass the bylaw with 365-day or agreed upon time period, skip ahead to Step 6.

  • Step 5. The appeal is brought before the Ontario Land Tribunal

  • Step 6. Council withdraws the proposed amendment to the designating bylaw

    • The notice of the withdrawal of the proposed amendment is:
      • served on property owner
      • served on any person who objected under the Ontario Heritage Act
      • served on the Ontario Heritage Trust
      • published in the newspaper

  • Step 7. The designating bylaw is amended

    • The amending bylaw (with or without amendments) comes into force.
    • The bylaw is registered on title.
    • A copy of the registered amending bylaw is served on the Ontario Heritage Trust.
    • Municipal register should be updated (if necessary).
    • The process ends here.

  • Step 8. The designating bylaw is not amended

    • The process ends here.

Considering an objection to a property being included on the Municipal Register of Heritage Properties

Subsection 27 (3) of the Ontario Heritage Act

This decision tree lays out the process for a municipal council to consider an objection to the inclusion of a property on the Municipal Register of Heritage Properties (Section 27 (7)-(8) of the Ontario Heritage Act).

For additional detail, please see subsection 27.7 and 27.8 of the Ontario Heritage Act.

Decision tree

The process begins when the owner of a property that is included on the Municipal Register of Heritage Properties serves a notice of objection on clerk of municipality. An objection can occur at any time, not only when the property is initially added to the municipal register.

  • Step 1. Serving notice on the municipality

    • The property owner must set out the reasons for the objection and support the objection with all relevant facts.

  • Step 2. Council considers the notice of objection

    • Council must consider the objection and decide as to whether the property should continue to be included in the municipal register or whether it should be removed.
    • Council must consult with the municipal heritage committee (if one exists) before removing a property from the municipal register.
    • If council decides to continue to include the property on the register, continue to Step 3.
    • If council decides to remove the property from the register, continue to Step 4.

  • Step 3. Council decides to continue to include the property on the register

    • The property remains on the municipal register.
    • The municipality serves notice of the decision on property owner within 90 days after council’s decision.
    • The process ends here.

  • Step 4. Council decides to remove the property from the register

    • The property is removed from the municipal register.
    • The municipality serves notice on property owner within 90 days after council’s decision.
    • The property cannot be added to the register again for a period of five years from the date of removal.
    • The process ends here.

Demolition or removal of property

Sections 34, 34.1 & 34.3 of the Ontario Heritage Act

This decision tree lays out the process for municipal council to consider the demolition or removal of a building, structure or heritage attribute of a designated property.

For additional detail, please see subsection 34 of the Ontario Heritage Act.

Decision tree

The process begins when the property owner applies to demolish or remove a building, structure or heritage attribute.

  • Step 1. The municipality determines whether the application is complete

    • If the application contains all prescribed information and material, council serves a notice of complete application on the property owner within 60 days after the application being served on council.
    • If the application does not contain all prescribed information and material:
      • Council serves notice of incomplete application on the property owner within 60 days after the application being served on council.
      • If the property owner reapplies, start over at Step 1.
    • If council fails to serve either a notice of complete application or a notice of incomplete application within 60 days after the day the application for demolition was served on the council, the application is deemed complete at 60 days.

  • Step 2. Council considers the application to demolish or remove a building, structure or heritage attribute on the property

    • Council must consult with the municipal heritage committee (if one exists).
    • Within 90 days of the notice of complete application, council must decide whether to consent to the demolition or removal and serve a notice of its decision. The property owner and council may agree on a period of longer than 90 days.
    • If council failed to serve either a notice of complete application or a notice of incomplete application within 60 days after the day the application was served on the council, the period is 90 days after the end of that 60-day period (or longer period as agreed upon by property owner/council).
    • If council fails to provide notice of its decision within the 90-day time period (or longer period as agreed upon by property owner and council), council will be deemed to have consented to the application.
    • If council decides to allow the demolition or removal, within 90 days after notice of complete application (or longer period as agreed upon by property owner and council):
      • A notice of decision to consent (including any terms and conditions) must be:
        • served on property owner
        • served on the Ontario Heritage Trust
        • published in the newspaper
      • If the property owner appeals the terms and conditions of the consent within 30 days after receiving the notice of consent, continue to Step 3.
      • If the property owner does not appeal the terms and conditions within 30 days, continue to Step 5.
    • If council decides to allow the demolition or removal without any conditions, within 90 days after notice of complete application (or longer period as agreed upon by property owner and council):
      • A notice of decision to consent is:
        • served on property owner
        • served on the Ontario Heritage Trust
        • published in the newspaper
    • If council decides not to allow the demolition or removal, within 90 days after notice of complete application (or longer period as agreed upon by property owner and council):
      • A notice of decision to refuse is:
        • served on property owner
        • served on the Ontario Heritage Trust
        • published in the newspaper
      • If the property owner appeals the decision to refuse the demolition or removal within 30 days after receiving the notice of decision, continue to Step 4.
      • If the property owner does not appeal the refusal within 30 days, continue to Step 6.

  • Step 3. The property owner appeals the terms and conditions of the consent to demolish or remove a building, structure or heritage attribute on the property

    • The municipality must forward the record(s) of decision on the demolition or removal request to the Tribunal within 15 days of receiving the notice of appeal.
    • The Ontario Land Tribunal can dismiss the appeal or consent to the demolition or removal with or without terms and conditions (Section 2.6 of the Designating Heritage Properties Guide). The result will be one of the following three outcomes:
      • The Ontario Land Tribunal consents to the demolition or removal with terms and conditions.
        • Council must serve notice on the Ontario Heritage Trust of the Ontario Land Tribunal’s decision.
      • The Ontario Land Tribunal consents to the demolition or removal without terms or conditions.
        • Council must serve notice on the Ontario Heritage Trust of the Ontario Land Tribunal’s decision.
      • The Ontario Land Tribunal dismisses the appeal.
        • Council must serve notice on the Ontario Heritage Trust of the Ontario Land Tribunal’s decision.
    • For more information, please refer to the Ontario Land Tribunal website.

  • Step 4. The property owner appeals the decision to refuse to allow the demolition or removal to proceed

    • The Ontario Land Tribunal can dismiss appeal or consent to the demolition or removal with or without terms and conditions (Section 2.6 of the Designating Heritage Properties Guide). The result will be one of the following three outcomes:
      • The Ontario Land Tribunal consents to the demolition or removal with terms and conditions.
        • Council must serve notice on the Ontario Heritage Trust of the Ontario Land Tribunal’s decision.
      • The Ontario Land Tribunal consents to the demolition or removal without terms or conditions.
        • Council must serve notice on the Ontario Heritage Trust of the Ontario Land Tribunal’s decision.
      • The Ontario Land Tribunal dismisses the appeal.
        • Council must serve notice on the Ontario Heritage Trust of the Ontario Land Tribunal’s decision.

  • Step 5. The demolition or removal can proceed in accordance with the terms and conditions

    • Council follows prescribed steps regarding existing bylaw.
    • The process ends here.

  • Step 6. The demolition or removal cannot proceed

    • The process ends here.

  • Step 7. The demolition or removal can proceed without terms or conditions

    • Council follows prescribed steps regarding existing bylaw.
    • The process ends here.

Designation by Municipal Bylaw

Section 29 of the Ontario Heritage Act

This decision tree lays out the process for designation by municipal council when a property meets the prescribed criteria. Providing a standard process map for how to designate an individual property under Part IV of the Ontario Heritage Act. It is for illustrative and guidance purposes and does not capture all situations.

To read about the process for designation by municipal council when a property is subject to a prescribed event in O. Reg. 385/21, including a request for official plan amendment, an application for zoning bylaw amendment or an application for plan of subdivision, please refer to the decision tree for designation where subject to a prescribed event.

This is not legal advice and does not supplant the requirements set out in section 29 of the Ontario Heritage Act. The Ministry would recommend that you obtain independent legal advice when applying these requirements.

For additional detail, see Section 29 of the Ontario Heritage Act

Decision tree

The process begins when council considers designating a property.

  • Step 1. The property is evaluated against the prescribed criteria found in O. Reg. 9/06

    • If the property meets the prescribed criteria for designation, continue to Step 2.
    • If the property does not meet the prescribed criteria for designation the process ends here.

  • Step 2. Council decides whether to initiate designation of the property

    • If the property is subject to a prescribed event in O. Reg. 385/21, including a request for official plan amendment, an application for zoning bylaw amendment or an application for plan of subdivision, please refer instead to the decision tree for designation where subject to a prescribed event.
    • Council must consult with the municipal heritage committee (if one exists).
    • If council decides to designate the property, notice of intention to designate is:
      • served on property owner
      • served on the Ontario Heritage Trust
      • published in newspaper
    • If council decides to proceed and issues the notice of intention to designate, continue to Step 3.
    • If council decides not to proceed, skip ahead to Step 9.

  • Step 3. Council proceeds to propose designating the property

    • A notice of intention to designate is:
      • served on property owner
      • served on the Ontario Heritage Trust
      • published in newspaper
    • If anybody objects within 30 days of publication of the notice of intention to designate, continue to Step 4.
    • If nobody objects within 30 days of the publication of the notice of intention to designate, skip ahead to Step 5.

  • Step 4. Council considers the objection

    • Within 90 days of the end of the 30-day period during which anyone can object, council must consider all objections to the notice of intention to designate and decide whether to proceed with or withdraw the designation bylaw.
      • If, after considering all objections, council decides to proceed with the designation, continue to Step 5.
      • If, after considering all objections, council decides to withdraw the proposed designation, skip ahead to Step 6.
      • If council fails to take any action within 90 days of the end of the 30 day objection period, the notice of intention to designate will be deemed withdrawn, skip ahead to Step 7.
    • For exceptions to the timelines for passing a designation bylaw, please consult the guidance text (Section 2.6 of the Designating Heritage Property Guide).

  • Step 5. Council decides on the proposed designation

    • Council passes a designation bylaw within 120 days of the publication of the notice of intention to designate. For exceptions to the 120-day timeline, please consult the guidance text (Section 2.6 of the Designating Heritage Property Guide).
      • A copy of the bylaw and a notice of appeal rights is:
        • served on property owner
        • served on any person who objected under the Ontario Heritage Act
        • served on the Ontario Heritage Trust
      • A notice of the designating bylaw and appeal right is published in the newspaper.
      • If an appeal bylaw is filed within 30 days of the notice of publication of the notice of appeal rights, continue to Step 6.
      • If no appeal is filed within 30 days, skip ahead to Step 8.
    • Council decides not to pass the bylaw or does not pass the bylaw within the timeline, continue to Step 7.

  • Step 6. The appeal is brought before the Ontario Land Tribunal

  • Step 7. Council withdraws the notice of intention to designate

    • The notice of withdrawal of intention to designate is:
      • served on property owner
      • served on any person who objected under the Ontario Heritage Act
      • served on the Ontario Heritage Trust
      • published in newspaper

  • Step 8. The property is designated

    • The bylaw (with or without amendments) comes into force.
    • The bylaw is registered on title.
    • A copy of the registered bylaw is served on the Ontario Heritage Trust.
    • The designated property is added to the Municipal Register, or if the property had already been included on the Municipal Register, the information is updated accordingly to reflect the property is now designated.
    • The process ends here.

  • Step 9. The property is designated

    • If the property had been included on the Municipal Register at the time the notice of intention to designate was issued, the property is removed from the Municipal Register.
    • The process ends here.

Heritage Conservation District Designation Process

Sections 40, 40.1, 41 and 41.1 of the Ontario Heritage Act

This decision tree lays out the process for designation by municipal council when a property meets the prescribed criteria. Providing a standard process map for how to designate a heritage conservation district under Part V of the Ontario Heritage Act. It is for illustrative and guidance purposes and does not capture all situations.

This is not legal advice and does not supplant the requirements set out in section 29 of the Ontario Heritage Act. The Ministry would recommend that users obtain independent legal advice when applying these requirements.

For additional detail, see Section 29.1 of the Ontario Heritage Act.

Decision tree

The process begins when council considers designating a Heritage Conservation District.

  • Step 1. Council considers designating a Heritage Conservation District

    • If council decides to undertake a study of a Heritage Conservation District area (although not required under the Ontario Heritage Act), continue to Step 2.
    • If council decides not to study the Heritage Conservation District area, skip ahead to Step 6.

  • Step 2. Council initiates a study of the Heritage Conservation District

    • Council must consult with the municipal heritage committee, if one exists, with respect to the Heritage Conservation District study.
    • Council determines whether to pass a Heritage Conservation District study area bylaw to limit the alteration, demolition or erection of new buildings or structures for up to 1 year. For more information, please refer to Section 2.3.2 of the Heritage Conservation District Guide.

  • Step 3. Council passes a Heritage Conservation District study area bylaw

    • Within 30 days of passing the by-law, notice of the Heritage Conservation District study area bylaw are:
      • served on owners of property within the proposed district being studied
      • served on the Ontario Heritage Trust
      • published in newspaper
    • If anybody appeals within 30 days of the publication of the notice of the passage of the Heritage Conservation District study area bylaw, continue to Step 4.
    • If nobody appeals, skip ahead to Step 5.

  • Step 4. The appeal is brought before the Ontario Land Tribunal

    • The municipality must forward the record(s) of decision on the bylaw to the Tribunal within 15 days of receiving the notice of appeal.
    • If the appellant withdraws their appeal before the Tribunal makes its decision, skip ahead to Step 5.
    • The Ontario Land Tribunal can dismiss or allow the appeal in whole or in part (Section 2.6 of the Designating Heritage Properties Guide).The result will be one of the following three outcomes:
      • If the Ontario Land Tribunal or council (as directed) repeals the Heritage Conservation District study area bylaw, continue to Step 6.
      • If the Ontario Land Tribunal or council (as directed) amends the Heritage Conservation District study area bylaw, continue to Step 5.
      • If the Ontario Land Tribunal dismisses the appeal, continue to Step 5.
    • For more information, please refer to the Ontario Land Tribunal website.

  • Step 5. The Heritage Conservation District study area bylaw comes into force

    • The Heritage Conservation District study area bylaw comes into force either:
      • after the 30-day appeal period, if there are no appeals
      • after all appeals are withdrawn or dismissed
      • on the day the by-law is amended (where amendments are ordered / directed (through council) by the Ontario Land Tribunal)
    • The Heritage Conservation District study area bylaw remains in effect for the set period, which may be up to the maximum of one year.

  • Step 6. Council considers designating the Heritage Conservation District

    • If a Heritage Conservation District study was undertaken, council should consider the study before deciding whether to designate the Heritage Conservation District.
    • If council decides to proceed with designating the Heritage Conservation District, continue to Step 7.
    • If council decides not to proceed with designation, skip ahead to Step 11.

  • Step 7. The Heritage Conservation District Plan is developed

    • Council must consult on the Heritage Conservation District plan with the municipal heritage committee, if one exists.
    • Council consults on the proposed Heritage Conservation District plan, including the following:
      • With the municipal heritage committee, if one exists.
      • Making information relating to the proposed Heritage Conservation District plan, including a copy of the proposed Plan, available to the public, and to any person upon request.
      • Holding at least one public meeting with respect to the proposed Plan, and:
        • the municipality must provide notice of the public meeting
        • the public meeting must take place at least 20 days after notice is given, or later specified in the notice, and must allow for oral representations from the public with respect to the Plan
        • notice must be given to persons attending the public meeting explaining that a person who does not raise oral or written objections to the proposed plan may be denied an opportunity to appeal the designation of the Heritage Conservation District and its adopted plan
      • Any person or body may make written submissions to council with respect to the proposed Plan at any time before the by-law adopting the plan is made.
    • If council decides to pass a bylaw designating the Heritage Conservation District and adopting the Plan, continue to Step 8.
    • If council decides not to pass a bylaw designating the Heritage Conservation District and adopting the Plan, skip ahead to Step 11

  • Step 8. The Heritage Conservation District bylaw is passed, and the Heritage Conservation Plan adopted

    • Notice of the passing of the Heritage Conservation District designation bylaw, which includes the adoption of the Heritage Conservation District plan is:
      • served on owners of property within the district
      • served on the Ontario Heritage Trust
      • published in the newspaper
    • If an appeal is filed within 30 days of the publication of the notice of the passage of the Heritage Conservation District bylaw, continue to Step 9.
    • If no appeal is filed within 30 days, skip ahead to Step 10.

  • Step 9. The appeal is brought before the Ontario Land Tribunal

    • The municipality must forward the record(s) of decision on the bylaw and any objections, where applicable, to the Tribunal within 15 days of receiving the notice of appeal.
    • The Tribunal has the authority to dismiss the appeal without a hearing if the person that brings the appeal did not raise objections to the adoption of a proposed Plan by making oral representations at the public meeting or by making written submissions, and the person has no reasonable explanation for failing to do so.
    • If the appellant withdraws their appeal before the Tribunal makes its decision, continue to Step 10.
    • The Ontario Land Tribunal can dismiss or allow appeal in whole or in part (Section 2.6 of the Designating Heritage Properties Guide). The result will be one of the following three outcomes:

  • Step 10. The Heritage Conservation District is designated

    • The bylaw designating the Heritage Conservation District and adopting the Heritage Conservation District Plan comes into force.
    • The Heritage Conservation District is added to the Municipal Register.
    • A copy of the bylaw is registered in the appropriate land registry office.
    • A copy of the registered by-law is served on the Trust.
    • The process ends here.

  • Step 11. The district is not designated

    • The process ends here.

Designation by municipal bylaw where subject to a prescribed event

Subsection 29(1.2) of the Ontario Heritage Act

This decision tree lays out the process for designation by municipal council when a development application has been received that will eventually trigger a prescribed event in O. Reg. 385/21. Providing a standard process map for how to designate an individual property under Part IV of the Ontario Heritage Act, where that property becomes subject to a prescribed event. It is for illustrative and guidance purposes and does not capture all situations.

This is not legal advice and does not supplant the requirements set out in section 29 of the Ontario Heritage Act and Ontario Regulation 385/21.. The Ministry would recommend that users obtain independent legal advice when applying these requirements.

For additional detail, see Section 29.1 of the Ontario Heritage Act.

The Ontario Heritage Act places limitations on municipal council’s ability to designate a property under Part IV, where that property is subject to a prescribed event. A prescribed event is where the municipality has completed giving all notices as prescribed under the Planning Act for one or more of the following:

  • a request for Official Plan Amendment
  • an application for Zoning Bylaw Amendment
  • an application for a Plan of Subdivision

The limitations on designation are:

  • the property must be included on the municipal register at the time of the prescribed event
  • the notice of intention to designate must be served within 90 days of the prescribed event

Municipalities may want to consider receipt of the above types of development applications as a trigger for considering designation of a property to maximize council’s opportunities to designate a property, as the limitations on designation only apply once the prescribed event has occurred.

Decision tree

The process begins when council considers designating a property that will become subject to a prescribed event because of the municipality receiving a request for Official Plan Amendment, an Application for Zoning bylaw Amendment or an application for Plan of Subdivision.

  • Step 1. The property is evaluated against the prescribed criteria found in O. Reg. 9/06

    • If the property meets the prescribed criteria for designation and is included as a non-designated property on the municipal register, Continue to Step 2.
    • If the property meets the prescribed criteria for designation but is not included as a non-designated property on the municipal register, Continue to Step 3.
    • If the property does not meet the prescribed criteria for designation the process ends here.

  • Step 2. Council decides whether to initiate designation of a property included on the municipal register

  • Step 3. Council decides whether to initiate designation of a property not included on the municipal register

    • Council must consult with the municipal heritage committee (if one exists).
    • Council has until the date when all the complete application notices have been given (the prescribed event) to decide whether to issue a notice of intention to designate the property and issue it. See O. Reg. 385/21 and section 2.3.2 of “Designating Heritage Properties” for specifics on prescribed events.
    • If council decides to proceed and issues a notice of intention to designate before the prescribed event, continue to Step 4.
    • If council decides not to proceed or does not issue a notice of intention to designate before the prescribed event, the property is not designated, and the process ends here.

  • Step 4. Council proceeds to propose designating the property

    • A notice of intention to designate is:
      • served on property owner
      • served on the Ontario Heritage Trust
      • published in the newspaper
    • If anybody objects within 30 days of the publication of the notice of intention to designate, continue to Step 5.
    • If nobody objects within 30 days of the publication of the notice of intention to designate, skip ahead to Step 6.

  • Step 5. Council considers the objection

  • Step 6. Council decides on the proposed designation

    • Council passes the designation bylaw within 120 days of the publication of the notice of intention to designate. For exceptions where the 120 days can be extended, see Ontario Regulation 385/21 and section 2.3.3 of "Designating Heritage Properties".
      • A copy of the bylaw and a notice of appeal rights are:
        • served on property owner
        • served on any person who objected under the Act
        • served on the Ontario Heritage Trust
      • A notice of the designating bylaw and appeal right is published in the newspaper.
      • If an appeal of the bylaw is filed within 30 days of the publication of the notice of appeal rights, continue to Step 7.
      • If no appeal is filed within 30 days, skip ahead to Step 9.
    • Council decides not to pass the bylaw or does not pass the bylaw within the 120 days after the publication of the notice of intention to designate, skip ahead to Step 8.

  • Step 7. The appeal is brought before the Ontario Land Tribunal

  • Step 8. Council withdraws the notice of intention to designate

    • The notice of withdrawal of intention to designate is:
      • served on property owner
      • served on any person who objected under the Ontario Heritage Act
      • served on the Ontario Heritage Trust
      • published in newspaper

  • Step 9. The property is designated

    • The bylaw (with or without amendments) comes into force.
    • A copy of the bylaw is registered on title.
    • A copy of the bylaw is served on the Ontario Heritage Trust.
    • The designated property is added to the Municipal Register, or if the property had already been included on the Municipal Register, the information is updated accordingly to reflect the property is now designated.
    • The process ends here.

  • Step 10. The property is not designated

    • If the property had been included on the Municipal Register at the time the notice of intention to designate was issued, the property is removed from the Municipal Register.
    • The process ends here.

Repeal of Designating Bylaw, Owner’s Initiative

Section 32 of the Ontario Heritage Act

This decision tree provides a standard process map for municipal council to repeal a bylaw designating a heritage property at the request of the property owner. It is for illustrative and guidance purposes and does not capture all situations.

This is not legal advice and does not supplant the requirements set out in Section 29 of the Ontario Heritage Act. The Ministry would recommend that users obtain independent legal advice when applying these requirements.

For additional detail, see Section 32 of the Ontario Heritage Act.

Decision tree

The process begins when the property owner applies to repeal a designating bylaw.

  • Step 1. The notice of application to repeal is published

    • Council directs the Municipal Clerk to publish a notice of application to repeal in the newspaper.
    • Anyone who wishes to object must do so within 30 days of the publication of the notice of application to repeal.

  • Step 2. Council considers and makes a decision on the application to repeal

    • Council must consult with the municipal heritage committee (if one exists).
    • Council must consider any objections.
    • Within 90 days of the end of the 30-day objection period, council must consider the objection and decide whether to repeal the designating bylaw. The property owner and council may agree on a period of longer than 90 days. If Council decides to refuse the application to repeal the designating bylaw, continue to Step 3.
    • If Council decides to consent to the application to repeal the designating bylaw, skip ahead to Step 5.

If Council fails to notify the owner of the property of the council’s decision within the 90 days of the end of the 30 day timeline (or longer period as agreed upon by property owner and council), council is deemed to have consented to the application, skip ahead to Step 5.

  • Step 3. Council refuses to repeal the designating bylaw

    • The notice of the decision to refuse to repeal the designating bylaw and a notice of appeal rights are:
      • served on property owner
      • served on any person who objected under the Ontario Heritage Act (not applicable if there were no objections)
      • served on the Ontario Heritage Trust
    • If the property owner files an appeal of the decision to refuse to the application to repeal the designating bylaw within 30 days of the notice of decision to refuse, continue to Step 4.
    • If the property owner does not file an appeal within 30 days, skip ahead to Step 7.

  • Step 4. The appeal of the refusal to repeal the designating bylaw is brought before the Ontario Land Tribunal

  • Step 5. Council repeals the designating bylaw

    • Council passes the repealing bylaw.
    • A copy of the repealing bylaw and a notice of appeal rights are:
      • served on property owner
      • served on any person who objected under the Ontario Heritage Act (not applicable if there were no objections)
      • served on the Ontario Heritage Trust
    • Notice of council’s decision and appeal right are published in newspaper.
    • If anyone files an appeal of the repealing bylaw within 30 days of the publication of the notice, continue to Step 6.
    • If nobody files an appeal within 30 days, skip ahead to Step 8.

  • Step 6. The appeal of the repealing bylaw is brought before the Ontario Land Tribunal

    • The municipality must forward the record(s) of decision on the bylaw and any objections, where applicable, to the Tribunal within 15 days of receiving the notice of appeal.
    • If the appellant withdraws their appeal before the Tribunal makes its decision skip ahead to Step 8.
    • The Ontario Land Tribunal can dismiss or allow appeal in whole or in part(Section 2.6 of the Designating Heritage Properties Guide). The result will be one of the following three outcomes:

  • Step 7. The designating bylaw is not repealed

    • The property remains on the Municipal Register
    • The process ends here

  • Step 8. The repealing bylaw comes into force

    • The repealing bylaw comes into force.
    • The repealing bylaw is registered on title.
    • A copy of the repealing bylaw is served on the Ontario Heritage Trust.
    • The property is removed from the Municipal Register.
    • The process ends here.

  • Step 9. The amended repealing bylaw comes into force

    • The amended repealing bylaw comes into force.
    • The amended repealing bylaw is registered on title.
    • A copy of the registered amended repealing bylaw is served on the Ontario Heritage Trust.
    • Any property to which the amended repealing bylaw applies is removed from the Municipal Register.
    • The process ends here.

Repeal of Designating Bylaw, Council’s Initiative

Section 31 of the Ontario Heritage Act

This decision tree lays out the process for municipal council to repeal a bylaw designating a heritage property under its own initiative. This is a summary of legal requirements set out under the Ontario Heritage Act,

This is not legal advice and does not supplant those requirements. The Ministry would recommend that you obtain independent legal advice when applying these requirements.

For additional detail, please see Section 31 of the Ontario Heritage Act.

Decision tree

The process begins when council proposes to repeal a designating bylaw.

  • Step 1. Council considers the proposal to repeal the designating bylaw

    • Council must consult with the municipal heritage committee (if one exists).
    • If Council decides to proceed with the repeal of the designating bylaw, continue to Step 2.
    • If Council decides not to proceed with the repeal of the designating bylaw, skip ahead to Step 9.

  • Step 2. Council proceeds with its proposal to repeal the designating bylaw

    • The notice of the intention to repeal is:
      • served on property owner
      • served on the Ontario Heritage Trust
      • published in newspaper
    • If anyone objects within 30 days of the publication of the notice of the intention to repeal, continue to Step 3.
    • If nobody objects within 30 days of the publication of the notice of the intention to repeal, skip ahead to Step 4.

  • Step 3. Council considers the objection

    • Within 90 days of the end of the 30-day objection period, council must consider the objection and decide whether to proceed with or withdraw the notice of intention to repeal.
    • If council proceeds with the intention to repeal, continue to Step 4.
    • If council decides to withdraw the notice of intention to repeal (either on its own initiative anytime or based on an objection), skip ahead to Step 6.

  • Step 4. Council decides on the proposal to repeal the bylaw

    • Council passes the bylaw.
      • A copy of the repealing bylaw and a notice of appeal right is:
        • served on property owner
          • served on any person who objected under the Ontario Heritage Act (not applicable if there were no objections)
          • served on the Ontario Heritage Trust
          • published in the newspaper
      • If anyone files an appeal the repealing bylaw within 30 days of the publication of the notice, continue to Step 5.
      • If nobody files an appeal within 30 days, skip ahead to Step 7.
    • Council decides not to pass the bylaw, skip ahead to Step 6.

  • Step 5. The appeal is brought before the Ontario Land Tribunal

  • Step 6. Council withdraws its proposal to repeal the designating bylaw

    • The notice of the withdrawal of the intention to repeal is:
      • served on property owner
      • served on any person who objected under the Ontario Heritage Act
      • served on the Ontario Heritage Trust
      • published in the newspaper

  • Step 7. The repealing bylaw comes into force

    • The repealing bylaw (with or without amendments) comes into force.
    • The repealing bylaw is registered on title.
    • A copy of the repealing bylaw is served on the Ontario Heritage Trust.
    • The property is removed from the Municipal Register.
    • The process ends here.

  • Step 8. The designating bylaw is not repealed

    • The property remains designated and included on the Municipal Register.
    • The process ends here.