Over time, municipal councils may need to update different parts of an existing designation bylaw. Generally, a bylaw may need to be amended because:

  • changes affecting the statement of cultural heritage value or interest or the description of heritage attributes have been made to the property or new information has emerged about the property
  • the legal description has changed or must be corrected or
  • the information provided in the original bylaw does not provide sufficient information to guide and manage alterations to the property

There are two processes for amendments: one for substantial amendments and one for minor amendments. Any amendments to a designation bylaw, whether they are substantial or minor, must ensure that the amended bylaw meets the requirements discussed in Section 6.

A municipality should seek the advice of its solicitor when considering the options for amending a bylaw.

6.1. Minor amendments

For minor amendments to a designation bylaw, municipalities can follow an abbreviated process. Subsections 30.1(2) to (14) of the Ontario Heritage Act provide a process for amending designation bylaws that does not require the public notice of the proposed amendment, and where only the property owner can object to the notice of proposed amendment and/or appeal the amending bylaw passed by council.

A bylaw can be amended under subsections 30.1(2) to (14) if the only purpose or purposes of the amendments contained in the bylaw are to do one or more of the following:

  • clarify or correct the statement of cultural heritage value or interest or the description of heritage attributes
  • correct the legal description of the property or
  • otherwise revise the language of the bylaw to make it consistent with the requirements of the Ontario Heritage Act or its regulations, including changes that would make a bylaw satisfy the mandatory standards for designation bylaws prescribed in section 3 of O. Reg 385/21 and outlined above

Written notice of the proposed amendment must be given to the owner of the property, who is given the opportunity to object. If the owner chooses to object, council must consider the objection in a process similar to the objection process for designation. As with designation, council must consider the objection before deciding to go ahead with the amendment or to withdraw its intention to amend the designation. If there is no objection, or council decides not to withdraw the notice of proposed amendment, council may then pass an amending bylaw, providing notice to the owner and the Ontario Heritage Trust.

6.1.1. Appeal to Tribunal

If the owner objects to the amending bylaw, they may appeal to the Tribunal by giving a notice of appeal to the Tribunal and the clerk of the municipality, within 30 days after the date of the notice of proposed amendment. The appeal must set out the objection to the bylaw and the reasons in support of the objection, accompanied by the fee charged by the Tribunal.

The above is a high-level partial summary. For complete details see OHA subsection 30.1(2) through (14).

6.2. Substantial amendments

Substantial amendments to an existing bylaw are subject to the procedure set out in section 4 of O. Reg. 385/21.

Substantial amendments are any amendments that do not meet the requirements for a minor amendment set out above, and may include circumstances where:

  • changes to statement of cultural heritage value or interest or the description of heritage attributes go beyond clarification or correction, for example, where change has occurred on the property
  • a new lot is created out of a designated property following a severance process or
  • amendments are required to facilitate a development application

Notice of the proposed amendment is sent to the owner of the property and to the Trust, and published in a newspaper having general circulation in the municipality.

The notice of proposed amendment must include the following:

  • the adequate description of property so that it can be readily ascertained
  • an explanation of the purpose and effect of the proposed amendment
  • a statement explaining the amendments, if any, to the cultural heritage value or interest of the property and/or to the description of the heritage attributes of the property
  • the statement of cultural heritage value or interest and the description of heritage attributes, as amended and
  • a statement that notice of objection to the notice of intention to amend the bylaw must by filed with the municipality within 30 days after the date of publication of the newspaper notice

The public notice must also include a statement that further information respecting the proposed amendment is available from the municipality.

If anyone objects to the proposed amendment, council must consider the objection in a process similar to the objection process for designation. As with designations, council must consider the objection before deciding to go ahead with the amendment or to withdraw its proposed amendment.

If there is no objection, or council decides not to withdraw the notice of proposed amendment, council may then pass an amending bylaw within 365 days (or any time if mutually agreed on between council and owner) of the date of publication of the newspaper notice. The municipality provides notice of the bylaw to the owner and the Trust and anyone who objected to the proposed amendment. The municipality must also publish a notice of the amending bylaw in a newspaper having general circulation in the municipality.

6.2.1. Appeals

For substantial amendments, anyone can appeal the amending bylaw to the Ontario Land Tribunal within 30 days of the publication of the newspaper notice. For minor amendments, the property owner may appeal the amending bylaw to the Tribunal within 30 days of receiving their notice.

The notice of appeal must be given to both the clerk and the Tribunal and must set out the objection to council’s decision and the reasons in support of the objection. The appeal must also be accompanied by the fee charged by the Tribunal.

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

Note, however, in some cases a Tribunal may dismiss an appeal without a hearing in accordance with specific requirements under subsections 34.1(6) and (7).

If a notice of appeal is given within the 30-day period, the clerk must ensure that a record of council’s decision on the amending bylaw is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk. Section 9 of Ontario Regulation 385/21 outlines what materials and information are to be included as part of the record of decision on the amending bylaw.

After holding the hearing, the tribunal decides whether to dismiss the appeal, to repeal or amend the amending bylaw, or to order the municipality to repeal or amend the amending bylaw.

6.3. Coming into force

The amending bylaw comes into force on the day after the 30-day notice period ends, if no notices of appeal were given within that time period.

If there were one or more notices of appeal given, the bylaw comes into force when all the appeals have been withdrawn or dismissed.

If the Tribunal amends the bylaw, or the council of the municipality amends the bylaw (as directed by the Tribunal), the bylaw as amended comes into force on the day it is amended.

If the amending bylaw is repealed and does not come into force, and the existing designation bylaw remains as it was before the amendment process started.

Once the bylaw as amended comes into force, the clerk must ensure that a copy of the enforce bylaw is registered against the properties affected by the bylaw with the appropriate land registry office and that a copy of the registered bylaw is served on the Trust.

6.4. Repeal of designation bylaws

There are rare instances where a designation bylaw may need to be repealed by the municipality. Any person who wishes to appeal a council-initiated decision to repeal a designation bylaw can give notice of appeal to the Tribunal and to the clerk of the municipality within 30 days of the date of publication of the notice of the repealing bylaw required in a newspaper having general circulation in the municipality. If no notice of appeal is given within the 30-day time period:

  • the repealing bylaw comes into force on the day following the last day of the period
  • the clerk shall ensure that a copy of the repealing bylaw is registered against the properties affected by the repealing bylaw in the appropriate land registry office and that a copy of the registered repealing bylaw is served on the Ontario Heritage Trust and
  • the clerk shall delete any reference to the property from the municipal register of heritage properties

In a case where an owner applies for the repeal of the bylaw designating the owner’s property, it is important to determine the nature of the owner’s concerns. It is advisable for the municipality, through the municipal heritage committee or municipal staff, to discuss the matter with the owner. Because properties are designated to protect and conserve them for all generations, the repeal of a designation bylaw is a serious matter that should be given careful consideration.

If the property owner decides to proceed with a repeal application, and the application is unsuccessful, the property owner cannot reapply for a repeal until 12 months after notice of the council’s decision as required under the Ontario Heritage Act, or until 12 months after the date of the Tribunal’s decision to either dismiss the appeal or refuse the repeal, where council’s decision on the application was appealed to the Tribunal.

6.4.1. Appeal to Tribunal

If the owner objects to council’s decision to refuse the owner-initiated application to repeal the designation bylaw, they may appeal to the Tribunal by giving notice of their objection to the Tribunal and the clerk of the municipality within 30 days after the date of the notice of refusal. The appeal must set out the objection to the bylaw and the reasons in support of the objection, accompanied by the fee charged by the Tribunal.

The above is a high-level partial summary. For complete details see sections 31 and 32 of the Ontario Heritage Act.