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O. Reg. 9/06: CRITERIA FOR DETERMINING CULTURAL HERITAGE VALUE OR INTEREST

under Ontario Heritage Act, R.S.O. 1990, c. O.18

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Ontario Heritage Act

ONTARIO REGULATION 9/06

criteria for determining cultural heritage value or interest

Consolidation Period: From December 15, 2022 to the e-Laws currency date.

Last amendment: 569/22.

Legislative History: 569/22.

This is the English version of a bilingual regulation.

Criteria

1. (1) The criteria set out in subsection (2) are prescribed for the purposes of clause 29 (1) (a) of the Act.  O. Reg. 9/06, s. 1 (1).

(2) A property may be designated under section 29 of the Act if it meets one or more of the following criteria for determining whether it is of cultural heritage value or interest:

1.  The property has design value or physical value because it,

i.  is a rare, unique, representative or early example of a style, type, expression, material or construction method,

ii.  displays a high degree of craftsmanship or artistic merit, or

iii.  demonstrates a high degree of technical or scientific achievement.

2.  The property has historical value or associative value because it,

i.  has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community,

ii.  yields, or has the potential to yield, information that contributes to an understanding of a community or culture, or

iii.  demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community.

3.  The property has contextual value because it,

i.  is important in defining, maintaining or supporting the character of an area,

ii.  is physically, functionally, visually or historically linked to its surroundings, or

iii.  is a landmark.  O. Reg. 9/06, s. 1 (2).

Note: On the day subsection 3 (2) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 569/22, s. 1)

Criteria, s. 27 (3) (b) of the Act

1. (1) The criteria set out in subsection (2) are prescribed for the purposes of clause 27 (3) (b) of the Act. O. Reg. 569/22, s. 1.

(2) Property that has not been designated under Part IV of the Act may be included in the register referred to in subsection 27 (1) of the Act on and after the day subsection 3 (2) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force if the property meets one or more of the following criteria for determining whether it is of cultural heritage value or interest:

1.  The property has design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method.

2.  The property has design value or physical value because it displays a high degree of craftsmanship or artistic merit.

3.  The property has design value or physical value because it demonstrates a high degree of technical or scientific achievement.

4.  The property has historical value or associative value because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community.

5.  The property has historical value or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture.

6.  The property has historical value or associative value because it demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community.

7.  The property has contextual value because it is important in defining, maintaining or supporting the character of an area.

8.  The property has contextual value because it is physically, functionally, visually or historically linked to its surroundings.

9.  The property has contextual value because it is a landmark. O. Reg. 569/22, s. 1.

(3) For clarity, subsection (2) does not apply in respect of a property that has not been designated under Part IV but was included in the register as of the day subsection 3 (2) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force. O. Reg. 569/22, s. 1.

Transition

2.  This Regulation does not apply in respect of a property if notice of intention to designate it was given under subsection 29 (1.1) of the Act on or before January 24, 2006.  O. Reg. 9/06, s. 2.

Note: On the day subsection 3 (2) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, section 2 of the Regulation is revoked and the following substituted: (See: O. Reg. 569/22, s. 1)

Criteria, s. 29 (1) (a) of the Act

2. (1) The criteria set out in subsections (2) and (3) are prescribed for the purposes of clause 29 (1) (a) of the Act. O. Reg. 569/22, s. 1.

(2) Section 1, as it read immediately before the day subsection 3 (2) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, continues to apply in respect of a property for which a notice of intention to designate it was given under subsection 29 (1.1) of the Act after January 24, 2006 and before the day subsection 3 (2) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force. O. Reg. 569/22, s. 1.

(3) In respect of a property for which a notice of intention to designate it is given under subsection 29 (1.1) of the Act on or after the day subsection 3 (2) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the property may be designated under section 29 of the Act if it meets two or more of the criteria for determining whether it is of cultural heritage value or interest set out in paragraphs 1 to 9 of subsection 1 (2). O. Reg. 569/22, s. 1.

Criteria, s. 41 (1) (b) of the Act

3. (1) The criteria set out in subsection (2) are prescribed for the purposes of clause 41 (1) (b) of the Act. O. Reg. 569/22, s. 1.

(2) Subject to subsection (3), in the case of a by-law passed under subsection 41 (1) of the Act on or after the day subsection 5 (1) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, a municipality or any defined area or areas of it may be designated by such a by-law as a heritage conservation district under subsection 41 (1) of the Act if the municipality or the defined area or areas of it meets the following criteria:

1.  At least 25 per cent of the properties within the municipality or defined area or areas satisfy two or more of the following:

i.  The properties have design value or physical value because they are rare, unique, representative or early examples of a style, type, expression, material or construction method.

ii.  The properties have design value or physical value because they display a high degree of craftsmanship or artistic merit.

iii.  The properties have design value or physical value because they demonstrate a high degree of technical or scientific achievement.

iv.  The properties have historical value or associative value because they have a direct association with a theme, event, belief, person, activity, organization or institution that is significant to a community.

v.  The properties have historical value or associative value because they yield, or have the potential to yield, information that contributes to an understanding of a community or culture.

vi.  The properties have historical value or associative value because they demonstrate or reflect the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community.

vii.  The properties have contextual value because they define, maintain or support the character of the district.

viii.  The properties have contextual value because they are physically, functionally, visually or historically linked to each other.

ix.  The properties have contextual value because they are defined by, planned around or are themselves a landmark. O. Reg. 569/22, s. 1.

(3) Subsection (2) does not apply in respect of a by-law passed under subsection 41 (1) of the Act on or after the day subsection 5 (1) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force if a notice of a public meeting required to be held for the purposes of the by-law under subsection 41.1 (7) of the Act was given before the day subsection 5 (1) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force. O. Reg. 569/22, s. 1.

(4) For clarity, the requirement set out in subsection 41.1 (5.1) of the Act,

(a)  does not apply in respect of a by-law under subsection 41 (1) of the Act that is passed before the day subsection 5 (1) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force; and

(b)  does not apply in respect of a by-law under subsection 41.1 (2) of the Act. O. Reg. 569/22, s. 1.

 

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