Property owners and municipalities share a mutual interest in the cultural heritage value of the property. They understand that caring for the property’s heritage attributes protects its cultural heritage value.

If a property is important for its architectural design or original details, and that design is irreparably changed, it loses its heritage value and its integrity. Imagine the difference between a Georgian house built at the beginning of the 19th-century that has its original symmetry, windows and bricks , compared with a house of a similar vintage, that has been covered with aluminum siding, has had window and door openings relocated and the original wooden, sash windows removed and disposed of and replaced with vinyl casement windows.

If a property is designated for its association with a significant person or event, but the physical evidence from that period has disappeared, the property’s cultural heritage value is diminished. What a difference it makes to see the symbols and hideaway places associated with the Underground Railroad in a building, compared with only the ability to say “this happened here.”

The same consideration applies to properties that are designated for their contextual qualities – trees that have stood for a hundred years, a view that was seen by generations before us, a complex of industrial buildings that tell the story of the work that went on there. A building, structure or other feature that has lost its context, has lost an important part of its cultural heritage value.

Designation of properties provides a process for ensuring that their cultural heritage value is considered when change is proposed. The following section focuses on how alterations to designated properties are managed, and the kinds of support that can be provided to assist with conservation.

4.1. Making alterations to designated properties

The alteration process under section 33 of the Ontario Heritage Act helps to ensure that the heritage attributes of a designated property, and therefore its cultural heritage value, are conserved. If the owner of a designated property wishes to make alterations to the property that affect the property’s heritage attributes, the owner must obtain written consent from council. This applies not only to alterations of buildings or structures but also to alterations of other aspects of a designated property, such as landscape features or natural features, which have been identified as heritage attributes or the construction of new buildings and structures where they could impact the property’s heritage attributes.

Designation under section 29 of the Ontario Heritage Act does not guarantee the continuing existence or preservation of all elements of a property. Alterations to the property or the passage of time could affect the property and the elements that contribute to its cultural heritage value. For example, natural degradation can take its toll. Maintenance of unoccupied lands can be costly. Well-meaning maintenance interventions may turn out to have negative impacts on the fabric of a property.

Designation is not intended to prohibit all future site alteration or development on the property. Provisions of the Ontario Heritage Act enable change within the context of a review and consent process.

In general, the alteration review should be a cooperative process, where a property owner submits an application for the proposed work, and receives advice and guidance from the municipal heritage committee and/or municipal staff. Subject to any appeal, council makes the final decision on consenting to applications unless this power has been delegated to municipal staff under Section 33(15) of the Ontario Heritage Act.

The process for alterations is described below and outlined in a flowchart in Appendix A.

  1. Application to council

    The owner of property designated under section 29 of the Ontario Heritage Act must apply to council to for consent in writing to alter/permit the alteration of the property if the alteration is likely to affect the property’s heritage attributes. Applications can be served on council using a municipality’s electronic system to submit applications, where available. The minimum information and materials required to accompany the application are listed in Ontario Regulation 385/21, and must also include any additional information and materials where set out by a municipal bylaw, resolution or official plan. Council can also require the applicant to provide any other information or materials it considers it may need.

    When all of the information and materials required have been received, council must serve notice on the applicant informing the applicant that the application is complete. Council may also, at any time, notify the owner that information and material required to accompany the application has not been provided.

    The municipality has 60 days from the date the application is served on the municipality to serve notice on the applicant regarding the completeness of the application. If the municipality does not respond within this timeframe the application will be deemed complete.

    The minimum information and materials required to accompany an application, as set out in Ontario Regulation 385/21, are:

    1. the name, address, telephone number and, if applicable, the email address of the applicant
    2. the name of the municipality from which consent is being requested
    3. a description of the property that is the subject of the application, including such information as the concession and lot numbers, reference plan and part numbers, and street names and numbers
    4. photographs that depict the existing buildings, structures and heritage attributes that are affected by the application and their condition and context
    5. a site plan or sketch that illustrates the location of the proposed alteration
    6. drawings and written specifications of the proposed alteration
    7. the reasons for the proposed alteration, and the potential impacts to the heritage attributes of the property
    8. all technical cultural heritage studies that are relevant to the proposed alteration
    9. an affidavit or a sworn declaration by the applicant certifying that the information required under this section and provided by the applicant is accurate

    Council can build on these provincial minimum application requirements. This must be done by bylaw, council resolution or official plan. These application requirements could be part of an overall heritage conservation bylaw, with other administrative requirements (e.g., register extract fee, municipal heritage committee terms of reference, alteration consent delegation, building standards, purchase/lease, expropriations, easements/covenants, grants or loans, inspectors or heritage property tax relief).

  2. Decision of council

    1. 90-Day Time Period Requirements

      Council or its delegate must complete the following within a period of 90 days from the date the notice of complete application is served on the owner:

      • seek the advice of its municipal heritage committee, where one has been established
      • make a decision on the application and
      • serve notice of the decision on the owner, and the Ontario Heritage Trust

      Where council has not provided either a notice of complete application or notice of an incomplete application within 60 days after the day the application is commenced (i.e., the day it is served on council), the 90-day period (referred to above) commences after the end of that 60-day period after the application.

      Note, the decision time periods referred to above can be extended through mutual agreement between the property owner and council.

    2. Decision

      Within the 90-day period referred to above, council must make a decision whether to consent to the application, consent with terms and conditions, or refuse the application altogether. Council must notify the applicant and the Ontario Heritage Trust of its decision.

      If the council fails to notify the owner of this decision (as referred to above) within the 90-day time period (referred to above), the council will be deemed to have consented to the application.

    3. Delegation by Council

      Council has the power to delegate consent to alterations to property to an employee or official of the municipality. This must be done through a bylaw, and following consultation with the municipal heritage committee, if the council has established one. A bylaw that delegates the council’s power to consent to alterations to a municipal employee or official may delegate the power with respect to all alterations or with respect to any classes of alterations described in the bylaw.

  3. Appeals

    If the property owner objects to council’s decision to refuse an application, or to consent to it with terms and conditions, the owner may appeal to the Ontario Land Tribunal.

    A notice of appeal must be given to both the Tribunal and the clerk of the municipality within 30 days after receipt of council’s notice of its decision on the application. The notice of appeal must set out the objection to the decision and the reasons in support of the objection. The notice of appeal must also be accompanied by the fee charged by the Ontario Land Tribunal.

    If a notice of appeal is given within this 30-day time period, the Tribunal must give notice of the hearing and then hold the hearing. The Tribunal is required to give notice of the hearing to the owner of the property and to such other persons or bodies as the Tribunal may determine.

    Note, however, in some cases the Tribunal may dismiss an appeal without a hearing in accordance with specific requirements under subsections 33(12) and (13).

    If a notice of appeal is given under section 33 of the Ontario Heritage Act, the clerk must ensure that a record of council’s decision on the application is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk. Section 12 of Ontario Ontario Regulation 385/21 outlines the following material and information which must be included as part of the record of decision on an alteration application:

    • certified copy of the bylaw designating the property
    • copy of the required material and information that formed the application (as described in subsection 1 above)
    • certified copy of the notice informing the applicant that the application is complete that was served on the applicant and the date it was served
    • certified copy of any records relating to a notification of an incomplete application, if one was served
    • certified copy of the notice of council’s decision on the application
    • copy of any report considered by council
    • copy of all written submissions and comments related to the decision and the dates they were received
    • if a public meeting was held that related to the decision, then the prescribed materials related to that meeting
    • any additional material or information council considered in making its decision
    • an affidavit or sworn declaration by an employee of the municipality that contains a certificate that all the material and information required under this section is accurate

    Please refer to Ontario Regulation 385/21 for complete details.

  4. Tribunal’s decision

    After holding the hearing, the Tribunal may order the appeal be dismissed or order that the municipality consent to the application—with any terms and conditions that the Tribunal specifies. The municipality must serve notice of the Tribunal’s decision on the Ontario Heritage Trust.

4.2. Streamlined process for alterations of buildings used for religious practices

Section 33 of the Ontario Heritage Act requires property owners to seek municipal council consent in writing when making alterations to designated heritage properties if the alteration is likely to affect the property’s heritage attributes as set out in the designation bylaw. Council can then consent, consent with terms or conditions or refuse the application.

Subsections 33(18) to (26) of the Ontario Heritage Act set out a streamlined alterations approvals process that applies to a narrow set of proposed alterations to buildings used primarily for religious practices.

See the Heritage Places of Worship Guide for more information about this process.

4.3. Maintenance

Quaker Meeting House in Ajax

Figure 16. Quaker Meeting House – with a new front entrance and rear addition, and interior accessibility modifications (Image courtesy of the Town of Ajax).

General maintenance work, such as repainting exterior trim or replacement or repairs to an existing asphalt roof, and alterations and repairs to property features that are not listed as heritage attributes in the designation bylaw do not usually require heritage approvals. However, property owners may still need a building permit, and should be encouraged to check with their local building department.

Like all other property owners, owners of designated properties must maintain their properties to the basic standards set out in municipal maintenance and occupancy bylaws. The Ontario Heritage Act allows municipal councils to stipulate special minimum maintenance standards for the heritage attributes of designated properties. Councils can pass a bylaw under section 35.3 of the Ontario Heritage Act if the municipality has an existing property standards bylaw under the Building Code Act. The Ontario Heritage Act bylaw can set out minimum standards for maintaining heritage attributes of designated properties. In this way, council can require a property owner to maintain or repair their property to clear and objective standards.

Setting out maintenance expectations for owners of designated property in a transparent way can help council to encourage heritage conservation in the community. This type of property standards bylaw can also rely on established conservation principles to ensure that any changes to a heritage property adhere to best practices.

International charters and agreements have established guiding principles for the conservation of heritage properties around the world. Conservation guidelines based on these principles have been developed at all levels of government. For more information on making sensitive alterations to heritage properties, you may wish to refer to:

4.4. Providing support for conservation of designated properties

Many municipalities have established financial incentive programs to assist property owners with the conservation of their designated properties.

These include heritage property tax relief programs to support ongoing maintenance and conservation of designated properties. The province shares in the cost of these programs by funding the education portion of the property tax relief. For more information, refer to the ministry’s guide to heritage property tax relief.

Downstream from Elora Mill Inn

Figure 18. The former mill in Elora is now operated as an inn and restaurant – a very successful adaptive reuse of a heritage property (Image courtesy of Image Ontario).