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

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Ontario Heritage Act

R.S.O. 1990, CHAPTER O.18

Historical version for the period January 1, 2003 to November 3, 2004.

Disclaimer: This consolidation is not an official copy of the law because it is affected by one or more retroactive provisions which have not been incorporated into it. For information about the retroactive provisions, see S.O. 2004, chapter 16, subsection 5 (2); Schedule D, Table.

Amended by:  1993, c. 27, Sched.; 1996, c. 4, ss. 55-65; 1997, c. 34, ss. 2, 3; 1998, c. 18, Sched. B, s. 10; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. A, s. 14; 2002, c. 18, Sched. F, s. 2.

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CONTENTS

1.

Definitions

PART I
HERITAGE CONSERVATION, PROTECTION AND PRESERVATION

2.

Administration of Act

3.

Employees

PART II
ONTARIO HERITAGE FOUNDATION

4.

Definition, Part II

5.

Ontario Heritage Foundation continued

6.

Non-application of Corporations Act

7.

Objects of Foundation

8.

By-laws

9.

Powers of Foundation

10.

Further powers of Foundation

11.

Crown agency

12.

General fund

13.

Reserve fund

14.

No remuneration for board members

15.

Exemption from taxation

16.

Audit

17.

Grants

18.

Guarantee of loans

19.

Form of guarantee

20.

Payment of guarantee

21.

Annual report and other reports

22.

Easements and covenants

23.

Register

PART III
CONSERVATION REVIEW BOARD

24.

Review Board

25.

Expenditures

PART IV
CONSERVATION OF PROPERTY OF CULTURAL HERITAGE VALUE OR INTEREST

Designation of Properties by Municipalities

26.

Definitions, Part IV

27.

Register

28.

Municipal heritage committee

29.

Designation process

30.

Permit to alter or demolish void

31.

Repeal of designating by-law, council’s initiative

32.

Repeal of designating by-law, owner’s initiative

33.

Alteration of property

34.

Demolition or removal of structure

34.1

Requirement for new building

34.2

Appeal to Board

34.3

Repeal of by-law designating property

34.4

Transition

35.

New owner to give notice

36.

Purchase or lease by-laws

37.

Easements

38.

Inspection

39.

Grants and loans

PART V
HERITAGE CONSERVATION DISTRICTS

39.1

Definition

39.2

Register

40.

Heritage conservation districts

41.

Designation of heritage conservation district

42.

Erection, demolition, alteration or removal of structure

43.

Requirement for new building

44.

Transition

45.

Application, ss. 36 to 39

46.

Delegation

PART VI
CONSERVATION OF RESOURCES OF ARCHAEOLOGICAL VALUE

47.

Definitions, Part VI

48.

Licence, activity on archaeological sites

49.

Refusal or revocation, etc., of licence

50.

Extension of time

51.

Provisional refusal or revocation, etc.

52.

Designation process

53.

Application of s. 56

54.

Revocation of designation, Minister’s initiative

55.

Revocation of designation, owner’s initiative

56.

Permit for excavation, etc.

57.

Permit, grounds for revocation and refusal to renew

58.

Refusal or revocation, etc., of permit

59.

Extension of time

60.

Provisional refusal or revocation, etc.

61.

Licence or permit not authority to enter

62.

Stop order

63.

Compensation where property designated

64.

Inspection

65.

Report of field work

66.

Artifacts may be held in trust

PART VII
GENERAL

67.

Service

67.1

Pre-hearing conference

68.

Designation under public or private Acts

69.

Offences and restoration costs

70.

Regulations

Definitions

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”)

“Board” means the Ontario Municipal Board; (“Commission”)

“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”)

“Foundation” means the Ontario Heritage Foundation; (“Fondation”)

heritage attributes”, in relation to a property, means the attributes of the property that cause it to have 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”)

“regulations” means the regulations made under this Act; (“règlements”)

“Review Board” means the Conservation Review Board. (“Commission de révision”)  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).

PART I
HERITAGE CONSERVATION, PROTECTION AND PRESERVATION

Administration of Act

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.

Employees

3. Such employees may be appointed or transferred under the Public Service Act as are considered necessary from time to time for the administration of this Act.  R.S.O. 1990, c. O.18, s. 3.

PART II
ONTARIO HERITAGE FOUNDATION

Definition, Part II

4. In this Part,

“property” means real and personal property.  R.S.O. 1990, c. O.18, s. 4.

Ontario Heritage Foundation continued

5. (1) The Ontario Heritage Foundation is continued as a body corporate under the name Ontario Heritage Foundation in English and Fondation du patrimoine ontarien in French.  R.S.O. 1990, c. O.18, s. 5 (1).

Composition of Foundation

(2) The Foundation 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.

Board to manage affairs of Foundation

(3) The board of directors shall manage and conduct the affairs of the Foundation.

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.

Term of office

(5) A director may be appointed for a term not exceeding three years, but may be eligible for reappointment except that a director shall not serve for more than two consecutive terms, but any such director shall be again eligible for appointment after the expiration of one year following completion of two consecutive terms.

Quorum

(6) A majority of the directors constitutes a quorum.  R.S.O. 1990, c. O.18, s. 5 (3-6).

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.

Non-application of Corporations Act

6. The Corporations Act does not apply to the Foundation.  R.S.O. 1990, c. O.18, s. 6.

Objects of Foundation

7. The objects of the Foundation 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 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.

By-laws

8. The directors of the Foundation may, subject to the approval of the Minister, make such by-laws as are necessary for,

(a) the administration of the Foundation;

(b) the establishment, appointment and condition of membership therein;

(c) the establishment of such honorary offices as they consider desirable, and the appointment of persons thereto; and

(d) any other matter necessary for carrying out the objects of the Foundation.  R.S.O. 1990, c. O.18, s. 8.

Powers of Foundation

9. The Foundation may advise and make recommendations to the Minister on any matter relating to property of historical, architectural, archaeological, recreational, aesthetic 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.

Further powers of Foundation

10. (1) The Foundation, in accordance with the policies and priorities determined by the Minister for the conservation, protection and preservation of the heritage of Ontario and with the approval of the Minister, may,

(a) receive, acquire by purchase, donation, lease, public subscription, grant, bequest or otherwise, and hold, preserve, maintain, reconstruct, restore, and manage property of historical, architectural, archaeological, recreational, aesthetic and scenic interest for the use, enjoyment and benefit of the people of Ontario;

(b) enter into agreements, covenants and easements with owners of real property, or interests therein, for the conservation, protection and preservation of the heritage of Ontario;

(c) conduct and arrange exhibits or other cultural or recreational activities to inform and stimulate the interest of the public in historical, architectural and archaeological matters;

(d) enter into agreements with prospective donors, subject to any conditions governing the use of property;

(e) enter into agreements with persons respecting any matter within the objects of the Foundation, and to provide financial assistance by way of grant or loan to such persons under any such agreements with regard to educational, research and communications programs, the maintenance, restoration and renovation of property and the management, custody and security of property;

(f) engage the services of experts and other persons;

(g) subject to the terms of any trust in connection with such property, dispose of property by sale, lease or any other manner and execute such deeds or other instruments as may be required to effect such disposal;

(h) borrow money for the purpose of carrying out the objects of the Foundation where a guarantee is provided under section 18;

(i) invest its funds, and sections 27 to 31 of the Trustee Act apply, with necessary modifications, to the investment of those funds;

(j) undertake programs of research into and documentation of matters relating to the heritage of Ontario and cause information to be compiled and studies to be undertaken;

(k) with the consent of the owner of the property, place markers, signs, cairns or other interpretive facilities for the interest and guidance of the public;

(l) provide assistance, advisory services and training programs to individuals, institutions, agencies and organizations in Ontario having similar aims and objectives as the Foundation.  R.S.O. 1990, c. O.18, s. 10 (1); 1998, c. 18, Sched. B, s. 10; 2002, c. 18, Sched. A, s. 14.

Minister may exercise powers of Foundation

(2) Notwithstanding subsection (1), where in the Minister’s opinion it is necessary in order to ensure the carrying out of the intent and purpose of this Act, the Minister may exercise the powers of the Foundation under subsection (1).  R.S.O. 1990, c. O.18, s. 10 (2).

Crown agency

11. (1) The Foundation 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.

Property

(2) Property acquired by the Foundation 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 Foundation.  R.S.O. 1990, c. O.18, s. 11.

General fund

12. (1) The Foundation 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.

Operating expenditures

(2) The Foundation 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 Foundation and to defray any expenses in connection therewith.  R.S.O. 1990, c. O.18, s. 12.

Reserve fund

13. (1) The Foundation shall maintain a reserve fund, which shall consist of money received by the Foundation expressly for allocation thereto.

Income

(2) The income of the reserve fund, or any part thereof, may be paid into and form part of the general fund.

Capital expenditures

(3) The Foundation shall not expend any of the capital of its reserve fund, except for investment under clause 10 (1) (i), without the consent of the Lieutenant Governor in Council.  R.S.O. 1990, c. O.18, s. 13.

No remuneration for board members

14. (1) The members of the board of directors of the Foundation shall serve without remuneration but they shall be reimbursed for proper and reasonable travelling and other expenses incurred in the work of the Foundation.

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 Foundation for any service provided to the Foundation or pursuant to any contract with the Foundation.  1997, c. 34, s. 3.

Exemption from taxation

15. The Foundation, 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 Foundation while leased under clause 10 (1) (g) 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.

Audit

16. The accounts and financial transactions of the Foundation shall be audited annually by the Provincial Auditor.  R.S.O. 1990, c. O.18, s. 16.

Grants

17. The Minister may make grants to the Foundation 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.

Guarantee of loans

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 Foundation, or any part thereof, together with interest thereon, borrowed for the purpose of carrying out the objects of the Foundation.  R.S.O. 1990, c. O.18, s. 18.

Form of guarantee

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.

Payment of guarantee

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.

Annual report and other reports

21. (1) The Foundation shall make a report annually to the Minister upon the affairs of the Foundation, and the Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session.

Reports

(2) The Foundation shall make such further reports to the Minister as the Minister from time to time may require.  R.S.O. 1990, c. O.18, s. 21.

Easements and covenants

22. (1) Any easement or covenant entered into by the Foundation may be registered against the real property affected in the proper land registry office.

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 Foundation 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 Foundation may enforce such easement or covenant even where it owns no other land which would be accommodated or benefited by such easement or covenant.

Assignment

(3) Any easement or covenant entered into by the Foundation 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 Foundation and it owned no other land which would be accommodated or benefited by such easement or covenant.

Conflict

(4) Where there is a conflict between an easement or covenant entered into by the Foundation and section 33 or 34, the easement or covenant shall prevail.  R.S.O. 1990, c. O.18, s. 22.

Register

23. The Foundation shall keep a register in which particulars of all properties designated under Parts IV and VI and particulars of all heritage conservation districts designated under Part V shall be entered.  2002, c. 18, Sched. F, s. 2 (3).

PART III
CONSERVATION REVIEW BOARD

Review Board

24. (1) The Review Board known as the Conservation Review Board is continued under the name Conservation Review Board in English and Commission des biens culturels in French, and shall consist of not fewer than three persons appointed by the Lieutenant Governor in Council.

Term of office

(2) A member of the Review Board may be appointed for a term not exceeding three years, but may be eligible for reappointment except that a member shall not serve for more than two consecutive terms, but any such member shall be again eligible for appointment after the expiration of one year following completion of two consecutive terms.

Chair

(3) The Lieutenant Governor in Council shall appoint one of the members of the Review Board as chair and another of the members as vice-chair.

Quorum

(4) One member of the Review Board constitutes a quorum.

Remuneration and expenses

(5) The members of the Review Board shall be paid such remuneration and expenses as the Lieutenant Governor in Council determines.

Professional assistance

(6) Subject to the approval of the Minister, the Review Board may engage persons to provide professional, technical or other assistance to the Review Board.

Hearings

(7) The Review Board shall hold such hearings and perform such other duties as are assigned to it by or under this or any other Act or regulation thereunder.  R.S.O. 1990, c. O.18, s. 24.

Expenditures

25. The money required for the purposes of the Review Board shall be paid out of the money appropriated therefor by the Legislature.  R.S.O. 1990, c. O.18, s. 25.

PART IV
CONSERVATION OF property of cultural heritage VALUE or interest

Designation of Properties by Municipalities

Definitions, Part IV

26. In this Part,

“designated property” means property in respect of which a by-law under this Part is in effect designating such property; (“bien désigné”)

“property” means real property and includes all buildings and structures thereon. (“bien”)  R.S.O. 1990, c. O.18, s. 26.

Register

27. (1) A register of all properties designated under this Part within a municipality shall be kept by the clerk of the municipality in which the property is situate and shall contain,

(a) a legal description of the designated property;

(b) the name and address of the owner; and

(c) a short statement of the reason for the designation of the property, including a description of the heritage attributes of the property.  R.S.O. 1990, c. O.18, s. 27 (1); 2002, c. 18, Sched. F, s. 2 (5).

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.  R.S.O. 1990, c. O.18, s. 27 (2); 2002, c. 18, Sched. F, s. 2 (6).

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).

Designation process

29. (1) Subject to subsection (2), where the council of a municipality intends to designate a property within the municipality to be of cultural heritage value or interest, it shall cause notice of intention to designate to be given by the clerk of the municipality in accordance with subsection (3).  R.S.O. 1990, c. O.18, s. 29 (1); 2002, c. 18, Sched. F, s. 2 (8).

Consultation

(2) Where the council of a municipality has appointed a municipal heritage committee, the council shall, before giving notice of its intention to designate a property under subsection (1), consult with its municipal heritage committee.  R.S.O. 1990, c. O.18, s. 29 (2); 2002, c. 18, Sched. F, s. 2 (9).

Notice of intention

(3) Notice of intention to designate under subsection (1) shall be,

(a) served on the owner of the property and on the Foundation; and

(b) published in a newspaper having general circulation in the municipality.  R.S.O. 1990, c. O.18, s. 29 (3).

Contents of notice

(4) Notice of intention to designate under subsection (1) shall contain,

(a) an adequate description of the property so that it may be readily ascertained;

(b) a short statement of the reason for the proposed designation, including a description of the heritage attributes of the property; and

(c) a statement that notice of objection to the designation may be served on the clerk within thirty days after the date of publication of the notice of intention in a newspaper having general circulation in the municipality.  R.S.O. 1990, c. O.18, s. 29 (4); 1996, c. 4, s. 55 (1); 2002, c. 18, Sched. F, s. 2 (10).

Objection

(5) A person who objects to a proposed designation shall, within thirty days after the date of publication of the notice of intention in a newspaper having general circulation in the municipality, serve on the clerk of the municipality a notice of objection setting out the reason for the objection and all relevant facts.  R.S.O. 1990, c. O.18, s. 29 (5); 1996, c. 4, s. 55 (2).

If no notice of objection

(6) If no notice of objection is served within the 30-day period under subsection (5), the council,

(a) shall,

(i) pass a by-law designating the property,

(ii) cause a copy of the by-law together with a short statement of the reason for the designation, including a description of the heritage attributes of the property,

(A) to be served on the owner of the property and on the Foundation, and

(B) to be registered against the property affected in the proper land registry office, and

(iii) publish notice of the by-law in a newspaper having general circulation in the municipality; or

(b) shall withdraw the notice of intention to designate the property by causing a notice of withdrawal,

(i) to be served on the owner of the property and on the Foundation, and

(ii) to be published in a newspaper having general circulation in the municipality.  2002, c. 18, Sched. F, s. 2 (11).

Referral to Review Board

(7) Where a notice of objection has been served under subsection (5), the council shall, upon expiration of the thirty-day period under subsection (4), refer the matter to the Review Board for a hearing and report.  R.S.O. 1990, c. O.18, s. 29 (7).

Hearing

(8) Pursuant to a reference by the council under subsection (7), the Review Board, as soon as is practicable, shall hold a hearing open to the public to determine whether the property in question should be designated, and the council, the owner, any person who has filed an objection under subsection (5) and such other persons as the Review Board may specify, are parties to the hearing.  R.S.O. 1990, c. O.18, s. 29 (8).

Place of hearing

(9) A hearing under subsection (8) shall be held at such place in the municipality as the Review Board may determine, and notice of such hearing shall be published in a newspaper having general circulation in the municipality at least ten days prior to the date of such hearing.  R.S.O. 1990, c. O.18, s. 29 (9).

Review Board may combine hearings

(10) The Review Board may combine two or more related hearings and conduct them in all respects and for all purposes as one hearing.  R.S.O. 1990, c. O.18, s. 29 (10).

Procedure

(11) Sections 6 to 16 and 21 to 23 of the Statutory Powers Procedure Act apply to a hearing under subsection (8).  R.S.O. 1990, c. O.18, s. 29 (11).

Report

(12) Within thirty days after the conclusion of a hearing under subsection (8), the Review Board shall make a report to the council setting out its findings of fact, its recommendations as to whether or not the property should be designated under this Part and any information or knowledge used by it in reaching its recommendations, and the Review Board shall send a copy of its report to the other parties to the hearing.  R.S.O. 1990, c. O.18, s. 29 (12).

Failure to report

(13) Where the Review Board fails to make a report within the time limited by subsection (12), such failure does not invalidate the procedure.  R.S.O. 1990, c. O.18, s. 29 (13).

Decision of council

(14) After considering the report under subsection (12), the council, without a further hearing,

(a) shall,

(i) pass a by-law designating the property,

(ii) cause a copy of the by-law together with a short statement of the reason for the designation, including a description of the heritage attributes of the property,

(A) to be served on the owner of the property and on the Foundation, and

(B) to be registered against the property affected in the proper land registry office, and

(iii) publish notice of the by-law in a newspaper having general circulation in the municipality; or

(b) shall withdraw the notice of intention to designate the property by causing a notice of withdrawal,

(i) to be served on the owner of the property and on the Foundation, and

(ii) to be published in a newspaper having general circulation in the municipality.  2002, c. 18, Sched. F, s. 2 (12).

Decision final

(14.1) The decision of the council under subsection (14) is final.  2002, c. 18, Sched. F, s. 2 (12).

Withdrawal of objection

(15) A person who has served a notice of objection under subsection (5) may withdraw the objection at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the clerk of the municipality and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the council shall act in accordance with subsection (6) as if no notice of objection had been served.  1996, c. 4, s. 55 (3).

Transition

(16) If, on the day subsection 2 (8) of Schedule F to the Government Efficiency Act, 2002 comes into force, the clerk of a municipality has given a notice of intention to designate a property as a property of historic or architectural value or interest but the council has not yet passed a by-law so designating the property and has not withdrawn its notice of intention,

(a) this section does not apply to the notice of intention;

(b) despite its amendment by section 2 of Schedule F to the Government Efficiency Act, 2002, this section, as it read immediately before its amendment, continues to apply to the notice of intention.  2002, c. 18, Sched. F, s. 2 (13).

Permit to alter or demolish void

30. Where a notice of intention to pass a by-law designating a property is served and published under subsection 29 (3) and has not been withdrawn under clause 29 (6) (b) or 29 (14) (b), sections 33 and 34 apply to the owner of such property as if it were designated property under this Part and any permit issued by a municipality prior to the service and publication of such notice of intention that allows the alteration or demolition of such property, where the alteration and demolition has not been completed, is void.  R.S.O. 1990, c. O.18, s. 30.

Repeal of designating by-law, council’s initiative

31. (1) Subject to subsection (2), where the council of a municipality intends to repeal a by-law or part thereof designating property, it shall cause notice of intention to repeal the by-law or part thereof to be given by the clerk of the municipality in accordance with subsection (3).  R.S.O. 1990, c. O.18, s. 31 (1).

Consultation

(2) Where the council of a municipality has appointed a municipal heritage committee, the council shall, before repealing a by-law or part thereof designating property, consult with its municipal heritage committee.  R.S.O. 1990, c. O.18, s. 31 (2); 2002, c. 18, Sched. F, s. 2 (14).

Notice of intention

(3) Notice of intention to repeal a by-law or part thereof under subsection (1) shall be,

(a) served on the owner of the property and on the Foundation; and

(b) published in a newspaper having general circulation in the municipality.  R.S.O. 1990, c. O.18, s. 31 (3).

Contents of notice

(4) Notice of intention to repeal a by-law or part thereof under subsection (1) shall contain,

(a) an adequate description of the property so that it may be readily ascertained;

(b) a statement of the reason for the proposed repealing by-law; and

(c) a statement that notice of objection to the repealing by-law may be served on the clerk within thirty days of the date of publication of the notice of intention in a newspaper having general circulation in the municipality.  R.S.O. 1990, c. O.18, s. 31 (4); 1996, c. 4, s. 56 (1).

Objection

(5) A person who objects to a proposed repealing by-law shall object to the repealing by-law in the manner set out in subsection 29 (5).  R.S.O. 1990, c. O.18, s. 31 (5).

Application

(6) Subsections 29 (6) to (15) as they apply to an intention to designate a property apply with necessary modifications to an intention to repeal a by-law or part thereof designating a property under this section.  R.S.O. 1990, c. O.18, s. 31 (6); 1996, c. 4, s. 56 (2).

Deletion from Register

(7) Where the council of a municipality passes a by-law repealing the designation of a property under this section, it shall cause the clerk of the municipality to delete any reference to the property from the Register referred to in subsection 27 (1).  R.S.O. 1990, c. O.18, s. 31 (7).

Repeal of designating by-law, owner’s initiative

32. (1) An owner of property designated under this Part may apply to the council of the municipality in which the property is situate to repeal the by-law or part thereof designating the property.  R.S.O. 1990, c. O.18, s. 32 (1).

Decision of council

(2) After consultation with its municipal heritage committee, where one is established, the council shall consider an application under subsection (1) and within ninety days of receipt thereof shall,

(a) refuse the application and cause notice of its decision to be given to the owner and to the Foundation; or

(b) consent to the application and pass a by-law repealing the by-law or part thereof designating the property and shall cause,

(i) a copy of the repealing by-law to be served on the owner and the Foundation,

(ii) reference to the property to be deleted from the Register referred to in subsection 27 (1),

(iii) notice of the repealing by-law to be published in a newspaper having general circulation in the municipality, and

(iv) a copy of the repealing by-law to be registered against the property affected in the proper land registry office.  R.S.O. 1990, c. O.18, s. 32 (2); 2002, c. 18, Sched. F, s. 2 (15).

Extension of time

(3) The applicant and the council may agree to extend the time under subsection (2) and, where the council fails to notify the applicant of its decision within such extended time as may be agreed upon, the council shall be deemed to have consented to the application.  R.S.O. 1990, c. O.18, s. 32 (3).

Application for hearing

(4) Where the council refuses the application under subsection (2), the owner may within thirty days after receipt of the notice under subsection (2) apply to the council for a hearing before the Review Board.  R.S.O. 1990, c. O.18, s. 32 (4).

Referral to Review Board

(5) The council shall, upon receipt of an application under subsection (4), refer the matter to the Review Board for a hearing and report, and shall publish a notice of the hearing in a newspaper having general circulation in the municipality at least ten days prior to the date of the hearing.  R.S.O. 1990, c. O.18, s. 32 (5).

Hearing

(6) The Review Board shall as soon as is practicable hold a hearing open to the public to review the application, and the council and the owner and such other persons as the Review Board may specify are parties to the hearing.  R.S.O. 1990, c. O.18, s. 32 (6).

Place of hearing

(7) A hearing under subsection (6) shall be held at such place in the municipality as the Review Board may determine.  R.S.O. 1990, c. O.18, s. 32 (7).

Procedure

(8) Sections 6 to 16 and 21 to 23 of the Statutory Powers Procedure Act apply to a hearing under subsection (6).  R.S.O. 1990, c. O.18, s. 32 (8).

Report

(9) Within thirty days after the conclusion of a hearing under subsection (6), the Review Board shall make a report to the council setting out its findings of fact, its recommendations as to whether or not the application should be approved, and any information or knowledge used by it in reaching its recommendations, and shall send a copy of its report to the other parties to the hearing.  R.S.O. 1990, c. O.18, s. 32 (9).

Failure to report

(10) Where the Review Board fails to make a report within the time limited by subsection (9), such failure does not invalidate the procedure.  R.S.O. 1990, c. O.18, s. 32 (10).

Decision of council

(11) After considering a report under subsection (9), the council without a further hearing shall,

(a) refuse the application and cause notice of its decision to be given to the owner; or

(b) consent to the application and pass a by-law repealing the by-law or part thereof designating the property and shall cause,

(i) a copy of the repealing by-law to be served on the owner and the Foundation,

(ii) reference to the property to be deleted from the Register referred to in subsection 27 (1),

(iii) notice of the repealing by-law to be published in a newspaper having general circulation in the municipality, and

(iv) a copy of the repealing by-law to be registered against the property affected in the proper land registry office,

and its decision is final.  R.S.O. 1990, c. O.18, s. 32 (11).

Reapplication

(12) Where the council refuses an application under clause (11) (a), the owner of the property affected by the refusal may not reapply to have the designation revoked for twelve months from the service of the notice required under the said clause (a), except with the consent of the council.  R.S.O. 1990, c. O.18, s. 32 (12).

Withdrawal of application

(13) The owner may withdraw an application made under subsection (4) at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the clerk of the municipality and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the council shall act in accordance with subsection (2) as if no application had been made under subsection (4).  1996, c. 4, s. 57.

Alteration of property

33. (1) No owner of property designated under this Part shall alter the property or permit the alteration of the property if the alteration is likely to affect the property’s heritage attributes, as set out in the description of the property’s heritage attributes that was required to be served and registered under subsection 29 (6) or (14), as the case may be, unless the owner applies to the council of the municipality in which the property is situate and receives consent in writing to the alteration.  2002, c. 18, Sched. F, s. 2 (16).

Transition

(1.1) If property is designated under this Part as property of historic or architectural value or interest, either before the day section 29 of this Act is amended by section 2 of Schedule F to the Government Efficiency Act, 2002 or under subsection 29 (16) of this Act after that day,

(a) subsection (1) of this section does not apply to the property;

(b) despite its amendment by subsection 2 (16) of Schedule F to the Government Efficiency Act, 2002, subsection (1) of this section, as it read immediately before the day subsection 2 (16) of Schedule F to the Government Efficiency Act, 2002 came into force, continues to apply to the property.  2002, c. 18, Sched. F, s. 2 (16).

Application

(2) An application under subsection (1) shall be accompanied by a detailed plan and shall set out such information as the council may require.  R.S.O. 1990, c. O.18, s. 33 (2).

Notice of receipt

(3) The council, upon receipt of an application under subsection (1) together with such information as it may require under subsection (2), shall cause a notice of receipt to be served on the applicant.  R.S.O. 1990, c. O.18, s. 33 (3).

Decision of council

(4) Within 90 days after the notice of receipt is served on the applicant under subsection (3), the council, after consultation with its municipal heritage committee, if one is established,

(a) shall,

(i) consent to the application,

(ii) consent to the application on terms and conditions, or

(iii) refuse the application; and

(b) shall give notice of its decision to the owner of the property and to the Foundation.  2002, c. 18, Sched. F, s. 2 (17).

Extension of time

(5) The applicant and the council may agree to extend the time under subsection (4) and, where the council fails to notify the applicant of its decision within ninety days after the notice of receipt is served on the applicant or within such extended time as may be agreed upon, the council shall be deemed to have consented to the application.  R.S.O. 1990, c. O.18, s. 33 (5).

Application for hearing

(6) Where the council consents to an application upon certain terms and conditions or refuses the application, the owner may, within thirty days after receipt of the notice under subsection (4), apply to the council for a hearing before the Review Board.  R.S.O. 1990, c. O.18, s. 33 (6).

Referral to Review Board

(7) The council shall, upon receipt of a notice under subsection (6), refer the matter to the Review Board for a hearing and report, and shall publish a notice of the hearing in a newspaper having general circulation in the municipality, at least ten days prior to the date of such hearing.  R.S.O. 1990, c. O.18, s. 33 (7).

Hearing

(8) The Review Board shall as soon as is practicable hold a hearing open to the public to review the application, and the council and the owner and such other persons as the Review Board may specify are parties to the hearing.  R.S.O. 1990, c. O.18, s. 33 (8).

Place for hearing

(9) A hearing under subsection (8) shall be held at such place in the municipality as the Review Board may determine.  R.S.O. 1990, c. O.18, s. 33 (9).

Procedure

(10) Sections 6 to 16 and 21 to 23 of the Statutory Powers Procedure Act apply to a hearing under subsection (8).  R.S.O. 1990, c. O.18, s. 33 (10).

Report

(11) Within thirty days after the conclusion of a hearing under subsection (8), the Review Board shall make a report to the council setting out its findings of fact, its recommendations as to whether or not the application should be approved, and any information or knowledge used by it in reaching its recommendations, and shall send a copy of its report to the other parties to the hearing.  R.S.O. 1990, c. O.18, s. 33 (11).

Failure to report

(12) Where the Review Board fails to make a report within the time limited by subsection (11), the failure does not invalidate the procedure.  R.S.O. 1990, c. O.18, s. 33 (12).

Decision of council

(13) After considering the report under subsection (11), the council without a further hearing shall confirm or revise its decision under subsection (4) with such modifications as the council considers proper and shall cause notice of its decision to be served on the owner and the Foundation and to the other parties to the hearing, and its decision is final.  R.S.O. 1990, c. O.18, s. 33 (13).

Withdrawal of application

(14) The owner may withdraw an application made under subsection (6) at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the clerk of the municipality and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the council shall act in accordance with subsection (4) as if no application had been made under subsection (6).  1996, c. 4, s. 58.

Demolition or removal of structure

34. (1) No owner of property designated under this Part shall demolish or remove a building or structure on the property or permit the demolition or removal of a building or structure on the property unless the owner applies to the council of the municipality in which the property is situate and receives consent in writing to the demolition or removal.  2002, c. 18, Sched. F, s. 2 (18).

Decision of council

(2) Within 90 days after receipt of an application under subsection (1) or within such longer period as is agreed upon by the owner and the council, the council, after consultation with its municipal heritage committee, if one is established,

(a) may,

(i) consent to the application, or

(ii) refuse the application;

(b) shall give notice of its decision to the owner and to the Foundation; and

(c) shall publish its decision in a newspaper having general circulation in the municipality.  2002, c. 18, Sched. F, s. 2 (18).

Decision final

(3) The decision of the council under subsection (2) is final.  2002, c. 18, Sched. F, s. 2 (18).

Deemed consent

(4) If the council fails to notify the owner under clause (2) (b) within the time period mentioned in subsection (2), the council shall be deemed to have consented to the application.  2002, c. 18, Sched. F, s. 2 (18).

Requirements for demolition or removal if council refuses consent

(5) If the council refuses the application for consent to the demolition or removal, the owner shall not demolish or remove the building or structure or do any work or cause or permit any work to be done in the demolition or removal of the building or structure or any part of it, unless,

(a) 180 days have elapsed from the date of the council’s decision to refuse the application; and

(b) the owner has obtained a building permit to erect a new building on the site of the building or structure sought to be demolished or removed.  2002, c. 18, Sched. F, s. 2 (18).

Transition, prior application

(6) If the decision of the council of a municipality on an application under subsection (1) is made or to be made on or after the day subsection 2 (18) of Schedule F to the Government Efficiency Act, 2002 comes into force, subsections (2) to (5) of this section apply even if the application was made before that day.  2002, c. 18, Sched. F, s. 2 (18).

Transition, prior refusal

(7) If, before the day subsection 2 (18) of Schedule F to the Government Efficiency Act, 2002 comes into force, the council of a municipality has refused an application by an owner of a property designated under this Part for consent to the demolition or removal of a building or structure on the property and has prohibited any work to demolish or remove the building or structure for a period of 180 days from the date of the council’s decision, the owner shall not, on or after the day subsection 2 (18) of Schedule F to the Government Efficiency Act, 2002 comes into force, demolish or remove the building or structure or do any work or cause or permit any work to be done in the demolition or removal of the building or structure or any part of it, unless,

(a) 180 days have elapsed from the date of the council’s decision to refuse the application; and

(b) the owner has obtained a building permit to erect a new building on the site of the building or structure sought to be demolished or removed.  2002, c. 18, Sched. F, s. 2 (18).

Transition, work commenced

(8) Subsection (7) applies even if work on the demolition or removal of the building or structure has been commenced before the day subsection 2 (18) of Schedule F to the Government Efficiency Act, 2002 comes into force.  2002, c. 18, Sched. F, s. 2 (18).

Requirement for new building

34.1 (1) An owner to whom subsection 34 (5) or (7) applies shall, within two years after commencing the demolition or removal of the building or structure or any part of it, substantially complete the new building to be erected on the site.  2002, c. 18, Sched. F, s. 2 (18).

Application to council

(2) An owner who is subject to the requirement imposed by subsection (1) may apply to the council if the owner considers that,

(a) it is not possible to substantially complete the new building within the two-year period specified in subsection (1); or

(b) the construction of the new building is not feasible on economic or other grounds.  2002, c. 18, Sched. F, s. 2 (18).

Notice of application

(3) To apply to the council under subsection (2), the owner must give the clerk of the municipality a notice of application not less than 90 days before the expiry of the two-year period within which the new building must be substantially completed.  2002, c. 18, Sched. F, s. 2 (18).

Decision of council

(4) After considering an application under subsection (2), the council may,

(a) extend the time for substantial completion of the new building for such further period as the council considers reasonable;

(b) relieve the owner from the requirement of constructing the new building; or

(c) refuse the application.  2002, c. 18, Sched. F, s. 2 (18).

Extension of time

(5) If the council extends the time for substantial completion of the new building under clause (4) (a), the owner shall substantially complete the new building within the extended completion time.  2002, c. 18, Sched. F, s. 2 (18).

Relief from construction requirement

(6) If the council relieves the owner from the requirement of constructing the new building under clause (4) (b), the owner’s failure to substantially complete the new building shall be deemed not to contravene this Act.  2002, c. 18, Sched. F, s. 2 (18).

Refusal of application

(7) If the council refuses the application under clause (4) (c), the council may extend the time for substantial completion of the new building for such further period as the council considers reasonable, and the owner shall substantially complete the new building within the extended completion time.  2002, c. 18, Sched. F, s. 2 (18).

Second application

(8) An owner who is subject to the requirement imposed by subsection (5) may apply to the council if the owner considers that,

(a) it is not possible to substantially complete the new building within the extended completion time; or

(b) the construction of the new building has become not feasible on economic or other grounds.  2002, c. 18, Sched. F, s. 2 (18).

Notice of application

(9) To apply to the council under subsection (8), the owner must give the clerk of the municipality a notice of application not less than 90 days before the expiry of the extended completion time.  2002, c. 18, Sched. F, s. 2 (18).

Decision of council

(10) After considering an application under subsection (8), the council may,

(a) extend the time for substantial completion of the new building for such further period as the council considers reasonable;

(b) relieve the owner from the requirement of constructing the new building; or

(c) refuse the application.  2002, c. 18, Sched. F, s. 2 (18).

Extension of time

(11) If the council extends the time for substantial completion of the new building under clause (10) (a), the owner shall substantially complete the new building within the extended completion time.  2002, c. 18, Sched. F, s. 2 (18).

Relief from construction requirement

(12) If the council relieves the owner from the requirement of constructing the new building under clause (10) (b), the owner’s failure to substantially complete the new building shall be deemed not to contravene this Act.  2002, c. 18, Sched. F, s. 2 (18).

Refusal of application

(13) If the council refuses the application under clause (10) (c), the council may extend the time for substantial completion of the new building for such further period as the council considers reasonable, and the owner shall substantially complete the new building within the extended completion time.  2002, c. 18, Sched. F, s. 2 (18).

Appeal to Board

34.2 (1) An owner who makes an application under subsection 34.1 (2) may appeal to the Board,

(a) from a decision of the council under clause 34.1 (4) (a) or (c); or

(b) if the owner has not received any notice of a decision of the council under subsection 34.1 (4) within 90 days after the notice of application is given to the clerk under subsection 34.1 (3).  2002, c. 18, Sched. F, s. 2 (18).

Same

(2) An owner who makes an application under subsection 34.1 (8) may appeal to the Board,

(a) from a decision of the council under clause 34.1 (10) (a) or (c); or

(b) if the owner has not received any notice of a decision of the council under subsection 34.1 (10) within 90 days after the notice of application is given to the clerk under subsection 34.1 (9).  2002, c. 18, Sched. F, s. 2 (18).

Notice of appeal

(3) To appeal to the Board, the owner must give the Board a notice of appeal,

(a) for an appeal under clause (1) (a) or (2) (a), within 30 days after the day notice of the council’s decision is given to the owner; and

(b) for an appeal under clause (1) (b) or (2) (b), within 30 days after the expiration of the period set out in that clause.  2002, c. 18, Sched. F, s. 2 (18).

Deemed extension of time

(4) If an appeal is made to the Board under subsection (1) or (2), the period within which the new building is to be substantially completed shall be deemed to be extended to the date of the Board’s decision.  2002, c. 18, Sched. F, s. 2 (18).

Board’s powers

(5) If an owner appeals under subsection (1) or (2), the Board shall hear the appeal and shall,

(a) extend the time for substantial completion of the new building for such further period as the Board considers reasonable;

(b) relieve the owner from the requirement of constructing the new building; or

(c) dismiss the appeal.  2002, c. 18, Sched. F, s. 2 (18).

Extension of time

(6) If the Board extends the time for substantial completion of the new building under clause (5) (a), the owner shall substantially complete the new building within the extended completion time.  2002, c. 18, Sched. F, s. 2 (18).

Relief from construction requirement

(7) If the Board relieves the owner from the requirement of constructing the new building under clause (5) (b), the owner’s failure to substantially complete the new building shall be deemed not to contravene this Act.  2002, c. 18, Sched. F, s. 2 (18).

Dismissal of appeal

(8) If the Board dismisses the appeal under clause (5) (c), the Board may extend the time for substantial completion of the new building for such further period as the Board considers reasonable, and the owner shall substantially complete the new building within the extended completion time.  2002, c. 18, Sched. F, s. 2 (18).

Decision final

(9) The decision of the Board on the appeal is final.  2002, c. 18, Sched. F, s. 2 (18).

Repeal of by-law designating property

34.3 (1) The council of a municipality shall pass a by-law to repeal a by-law or the part thereof designating a property under this Part, if the owner of the property has applied to the council for consent in writing to the demolition or removal of a building or structure on the property and,

(a) the council consents to the application under subclause 34 (2) (a) (i) or is deemed to have consented to the application under subsection 34 (4);

(b) the owner has substantially completed the new building to be erected on the site; or

(c) the council or the Board has relieved the owner from the requirement of constructing the new building.  2002, c. 18, Sched. F, s. 2 (18).

Duties upon passing a repealing by-law

(2) When the council passes a repealing by-law under this section, the council shall cause,

(a) a copy of the repealing by-law to be served on the owner of the property and on the Foundation;

(b) notice of the repealing by-law to be published in a newspaper having general circulation in the municipality;

(c) reference to the property to be deleted from the Register referred to in subsection 27 (1); and

(d) a copy of the repealing by-law to be registered against the property affected in the proper land registry office.  2002, c. 18, Sched. F, s. 2 (18).

Transition

34.4 If, on the day section 4 of Schedule F to the Government Efficiency Act, 2002 comes into force, a process relating to a matter dealt with in any of sections 34 to 34.3 of this Act has been 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, the process shall be continued under sections 34 to 34.3 of this Act.  2002, c. 18, Sched. F, s. 2 (18).

New owner to give notice

35. Every person who becomes the owner of property designated under this Part shall give notice to the clerk of the municipality in which the property is situate of the change in ownership within thirty days after becoming owner of the property.  R.S.O. 1990, c. O.18, s. 35.

Purchase or lease by-laws

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.

Easements

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).

Inspection

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.

Grants and loans

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.

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.

PART V
HERITAGE CONSERVATION DISTRICTS

Definition

39.1 In this Part,

“property” means real property and includes all buildings and structures thereon.  2002, c. 18, Sched. F, s. 2 (20).

Register

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).

Heritage conservation districts

40. (1) The council of a municipality may by by-law define the municipality or one or more areas thereof as an area to be examined for future designation as a heritage conservation district and the council may, after such examination is completed, prepare official plan provisions with respect to such designation.  R.S.O. 1990, c. O.18, s. 40 (1).

Consultation

(2) Where the council of a municipality has established a municipal heritage committee under section 28, such council shall, before passing a by-law to define the municipality or one or more areas as an area to be examined for future designation as a heritage conservation district under subsection (1), consult with its municipal heritage committee.  R.S.O. 1990, c. O.18, s. 40 (2); 2002, c. 18, Sched. F, s. 2 (22).

Designation of heritage conservation district

41. (1) Where there is in effect in a municipality an official plan that contains provisions relating to the establishment of heritage conservation districts, the council of the municipality may by by-law designate the municipality or any defined area or areas thereof as a heritage conservation district.  R.S.O. 1990, c. O.18, s. 41 (1); 2002, c. 18, Sched. F, s. 2 (23).

Property designated under Part IV

(2) A property that is designated under Part IV may subsequently be included in an area designated as a heritage conservation district under this Part, and a property that is included in an area designated as a heritage conservation district under this Part may subsequently be designated under Part IV.  2002, c. 18, Sched. F, s. 2 (24).

Part IV applies

(2.1) If a property is designated under Part IV and is included in an area designated as a heritage conservation district under this Part, the property is subject to Part IV and is not subject to Part V.  2002, c. 18, Sched. F, s. 2 (24).

Notice of by-law

(3) If the council of a municipality passes a by-law under this section designating the municipality or any defined area or areas of the municipality as a heritage conservation district, the council shall cause notice of the passage of the by-law,

(a) to be served on each owner of property located in the heritage conservation district and on the Foundation; and

(b) to be published in a newspaper having general circulation in the municipality.  2002, c. 18, Sched. F, s. 2 (25).

Appeal to Board

(4) Any person who objects to the by-law may appeal to the Board 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 prescribed under the Ontario Municipal Board Act.  2002, c. 18, Sched. F, s. 2 (25).

If no notice of appeal

(5) If no notice of appeal is given to the clerk within the time period specified in subsection (4), the by-law comes into force on the day following the last day of the period.  2002, c. 18, Sched. F, s. 2 (25).

If notice of appeal

(6) If a notice of appeal is given to the clerk within the time period specified in subsection (4), the Board shall hold a hearing open to the public and, before holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Board may determine.  2002, c. 18, Sched. F, s. 2 (25).

Powers of Board

(7) After holding the hearing, the Board shall,

(a) dismiss the appeal; or

(b) allow the appeal in whole or in part and,

(i) repeal the by-law,

(ii) amend the by-law in such manner as the Board may determine,

(iii) direct the council of the municipality to repeal the by-law, or

(iv) direct the council of the municipality to amend the by-law in accordance with the Board’s order.  2002, c. 18, Sched. F, s. 2 (25).

Dismissal without hearing of appeal

(8) Despite the Statutory Powers Procedure Act and subsections (6) and (7), the Board may, on its own motion or on the motion of any party, dismiss all or part of the appeal without holding a hearing on the appeal if,

(a) the Board is of the opinion that,

(i) the reasons set out in the notice of appeal do not disclose any apparent ground upon which the Board could allow all or part of the appeal, or

(ii) the appeal is not made in good faith, is frivolous or vexatious, or is made only for the purpose of delay;

(b) the appellant has not provided written reasons in support of the objection to the by-law;

(c) the appellant has not paid the fee prescribed under the Ontario Municipal Board Act; or

(d) the appellant has not responded to a request by the Board for further information within the time specified by the Board.  2002, c. 18, Sched. F, s. 2 (25).

Representations

(9) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection (8), the Board shall,

(a) notify the appellant of the proposed dismissal; and

(b) hold a hearing with respect to the proposed dismissal or give the appellant an opportunity to make representations with respect to the proposed dismissal.  2002, c. 18, Sched. F, s. 2 (25).

Coming into force

(10) If one or more notices of appeal are given to the clerk within the time period specified in subsection (4),

(a) the by-law comes into force when all of such appeals have been withdrawn or dismissed;

(b) if the by-law is amended by the Board under subclause (7) (b) (ii), the by-law, as amended by the Board, comes into force on the day it is so amended; or

(c) if the by-law is amended by the council pursuant to subclause (7) (b) (iv), the by-law, as amended by the council, comes into force on the day it is so amended.  2002, c. 18, Sched. F, s. 2 (25).

Transition

(11) If, on the day subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002 comes into force, a by-law designating a heritage conservation district has been passed by a municipality and the Board has not begun to hold a hearing under subsection (6) of this section, as it read immediately before that day, subsections (3) to (10) of this section apply to the by-law.  2002, c. 18, Sched. F, s. 2 (25).

Same

(12) If, on the day subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002 comes into force, a by-law designating a heritage conservation district has been passed by a municipality and the Board has completed or has begun to hold a hearing under subsection (6) of this section, as it read before that day, but has not yet issued its formal order,

(a) subsections (3) to (10) of this section do not apply to the by-law;

(b) despite their repeal by subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002, subsections (3) to (8) of this section, as they read immediately before the day subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002 came into force, continue to apply to the by-law.  2002, c. 18, Sched. F, s. 2 (25).

Erection, demolition, alteration or removal of structure

42. (1) If a by-law passed under section 41 designating a heritage conservation district is in force, no owner of property located in the heritage conservation district shall erect, demolish or remove, or permit the erection, demolition or removal of, any building or structure on the property or alter, or permit the alteration of, the external portions of any building or structure on the property, unless the owner applies to the council of the municipality in which the property is situate and is given a permit for the erection, demolition, removal or alteration.  2002, c. 18, Sched. F, s. 2 (26).

Application

(2) An application under subsection (1) shall contain or be accompanied by such information as the council may require.  2002, c. 18, Sched. F, s. 2 (26).

Notice of receipt

(3) The council, upon receipt of an application under subsection (1) together with such information as it may require under subsection (2), shall cause a notice of receipt to be served on the applicant.  2002, c. 18, Sched. F, s. 2 (26).

Decision of council

(4) Within 90 days after the notice of receipt is served on the applicant under subsection (3) or within such longer period as is agreed upon by the applicant and the council, the council may give the applicant,

(a) the permit applied for;

(b) notice that the council is refusing the application for the permit; or

(c) the permit applied for, with terms and conditions attached, in the case of an application for a permit to erect, or alter the external portions of, a building or structure.  2002, c. 18, Sched. F, s. 2 (26).

Deemed permit

(5) If the council fails to do any of the things mentioned in subsection (4) within the time period mentioned in subsection (4), the council shall be deemed to have given the applicant the permit applied for.  2002, c. 18, Sched. F, s. 2 (26).

Erection or alteration

(6) In the case of an application under this section for a permit to erect, or alter the external portions of, a building or structure, if the council refuses the application or gives the owner the permit with terms and conditions attached, the owner may appeal to the Board.  2002, c. 18, Sched. F, s. 2 (26).

Notice of appeal

(7) To appeal to the Board, the owner must give a notice of appeal to the Board within 30 days after the owner receives notice that the council is refusing the application, or receives the permit with the terms and conditions attached, as the case may be.  2002, c. 18, Sched. F, s. 2 (26).

Board’s powers

(8) The Board shall hear the appeal and shall,

(a) dismiss the appeal; or

(b) direct that the permit be issued without terms and conditions or with such terms and conditions as the Board by its order may direct.  2002, c. 18, Sched. F, s. 2 (26).

Transition, prior failure to give permit or notice

(9) If, on the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 comes into force, an appeal to the Board, that was commenced under subsection 44 (1) of this Act as a result of the council’s failure to make a decision within the period provided for in section 43 of this Act, has not been finally disposed of,

(a) subsection (5) of this section does not apply;

(b) despite its repeal by subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002, subsection 44 (1) of this Act, as it read immediately before the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 came into force, continues to apply to the appeal.  2002, c. 18, Sched. F, s. 2 (26).

Requirements for demolition or removal if council refuses permit

(10) In the case of an application under this section for a permit to demolish or remove a building or structure, if the council refuses the application, the council’s decision is final and the owner shall not demolish or remove the building or structure or do any work or cause or permit any work to be done in the demolition or removal of the building or structure or any part of it, unless,

(a) 180 days have elapsed from the date of the council’s notice to the owner that the council is refusing the application for the permit; and

(b) the owner has applied to the council under this section and been given a permit to erect a new building on the site of the building or structure sought to be demolished or removed.  2002, c. 18, Sched. F, s. 2 (26).

Transition, prior application

(11) In the case of an application under this section for a permit to demolish or remove a building or structure, if the decision of the council of a municipality is made or to be made on or after the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 comes into force, subsections (2), (3), (4), (5) and (10) of this section apply even if the application was made before that day.  2002, c. 18, Sched. F, s. 2 (26).

Transition, prior refusal

(12) If, before the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 comes into force, the council of a municipality has refused an application by an owner of property located in a heritage conservation district designated under this Part, for a permit to demolish or remove a building or structure on the property, the owner shall not, on or after the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 comes into force, demolish or remove the building or structure or do any work or cause or permit any work to be done in the demolition or removal of the building or structure or any part of it, unless,

(a) 180 days have elapsed from the date of the council’s notice to the owner that the council is refusing the application for the permit; and

(b) the owner has applied to the council under this section and been given a permit to erect a new building on the site of the building or structure sought to be demolished or removed.  2002, c. 18, Sched. F, s. 2 (26).

Transition, work commenced

(13) Subsection (12) applies even if work on the demolition or removal of the building or structure has been commenced before the day subsection 2 (26) of Schedule F to the Government Efficiency Act, 2002 comes into force.  2002, c. 18, Sched. F, s. 2 (26).

Requirement for new building

43. (1) A person to whom subsection 42 (10) or (12) applies shall, within two years after commencing the demolition or removal of the building or structure or any part of it, substantially complete the new building to be erected on the site.  2002, c. 18, Sched. F, s. 2 (26).

Application to council

(2) A person who is subject to the requirement imposed by subsection (1) may apply to the council, and section 34.1 applies to the application with the necessary modifications.  2002, c. 18, Sched. F, s. 2 (26).

Appeal to Board

(3) A person who makes an application under subsection (2) may appeal to the Board, and section 34.2 applies to the appeal with the necessary modifications.  2002, c. 18, Sched. F, s. 2 (26).

Transition

44. If, on the day section 4 of Schedule F to the Government Efficiency Act, 2002 comes into force, a process relating to a matter dealt with in any of sections 41 to 43 of this Act has been 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, the process shall be continued under sections 41 to 43 of this Act.  2002, c. 18, Sched. F, s. 2 (26).

Application, ss. 36 to 39

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.

Delegation

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.

PART VI
CONSERVATION OF RESOURCES OF ARCHAEOLOGICAL VALUE

Definitions, Part VI

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.

Licence, activity on archaeological sites

48. (1) Subject to subsection (2), no person shall do any of the following unless the person applies to the Minister and is issued a licence under this Part that allows the person to carry out the activity in question:

1. Carry out archaeological fieldwork.

2. Knowing that a site is a marine or other archaeological site, within the meaning of the regulations, alter the site or remove an artifact or any other physical evidence of past human use or activity from the site.  2002, c. 18, Sched. F, s. 2 (27).

No licence required

(2) A licence is not required if,

(a) the site is prescribed, or belongs to a class of sites prescribed, by the regulations;

(b) the activity undertaken can be classified as normal agricultural work or the routine maintenance of property; or

(c) the activity undertaken is prescribed, or belongs to a class of activities prescribed, by the regulations.  2002, c. 18, Sched. F, s. 2 (27).

(3) Repealed:  1996, c. 4, s. 59.

Limits of licence

(4) A licence issued under this Part,

(a) is effective only in the geographic area specified in the licence;

(b) subject to subsection (9), is effective only for the term specified in the licence or, if the licence does not specify a term, is effective indefinitely;

(c) permits the carrying out of a type of archaeological fieldwork only if that type of archaeological fieldwork is specified in the licence; and

(d) may contain such other terms and conditions to give effect to the purposes of this Part as the Minister may direct.  2002, c. 18, Sched. F, s. 2 (28).

Licence not transferable

(5) A licence is not transferable.  R.S.O. 1990, c. O.18, s. 48 (5).

Application

(6) An application to the Minister for a licence or renewal of a licence to carry out archaeological fieldwork may be made only by an individual.  2002, c. 18, Sched. F, s. 2 (29).

Same

(7) The application shall contain such information as the Minister may require and shall be submitted in such form and manner as the Minister may require.  2002, c. 18, Sched. F, s. 2 (29).

Issuance of licence

(8) The Minister may issue a licence to an applicant if the applicant proves, to the satisfaction of the Minister, that,

(a) the applicant is competent to conduct archaeological fieldwork in a responsible manner in accordance with this Part and the regulations;

(b) the past conduct of the applicant does not afford reasonable grounds for the belief that the archaeological fieldwork will not be carried out in accordance with this Part and the regulations;

(c) the activities proposed by the applicant are consistent with the conservation, protection and preservation of the heritage of Ontario; and

(d) the applicant is in compliance with such eligibility criteria and other requirements for the issuance of the licence as may be prescribed by the regulations.  2002, c. 18, Sched. F, s. 2 (29).

Revocation and refusal to renew

(9) Subject to section 49, the Minister may refuse to renew or may suspend or revoke a licence,

(a) for any reason that would prevent the Minister from issuing a licence to the licensee under subsection (8) if the licensee were an applicant; or

(b) if the licensee is in breach of a term or condition of the licence.  2002, c. 18, Sched. F, s. 2 (29).

Refusal or revocation, etc., of licence

49. (1) Where the Minister proposes to refuse to issue or renew a licence or proposes to suspend or revoke a licence, he or she shall serve notice of the proposal, together with written reasons therefor, on the applicant or licensee.  R.S.O. 1990, c. O.18, s. 49 (1); 2002, c. 18, Sched. F, s. 2 (30).

Notice requiring hearing

(2) A notice under subsection (1) shall inform the applicant or licensee of the entitlement to a hearing by the Review Board if the applicant or licensee mails or delivers to the Minister, within fifteen days after the notice under subsection (1) is served, notice in writing requiring a hearing, and the applicant or licensee may so require such a hearing.  R.S.O. 1990, c. O.18, s. 49 (2); 1993, c. 27, Sched.

Powers of Minister where no hearing

(3) Where an applicant or licensee does not require a hearing by the Review Board in accordance with subsection (2), the Minister may carry out the proposal stated in the notice under subsection (1).  R.S.O. 1990, c. O.18, s. 49 (3).

Referral to Review Board

(4) Where an applicant or licensee requires a hearing by the Review Board in accordance with subsection (2), the Minister shall refer the matter to the Review Board for a hearing and report.  R.S.O. 1990, c. O.18, s. 49 (4).

Hearing

(5) Pursuant to a reference by the Minister under this section, the Review Board shall, as soon as is practicable, hold a hearing to determine whether the Minister should refuse to issue or renew a licence or should suspend or revoke a licence, as the case may be, and the Minister, the applicant or licensee and such other persons as the Review Board may specify are parties to the hearing.  R.S.O. 1990, c. O.18, s. 49 (5); 2002, c. 18, Sched. F, s. 2 (31).

Place of hearing

(6) A hearing under subsection (5) shall be held at such place in the municipality in which the property is situate as the Review Board may determine and notice of such hearing shall be published in a newspaper having general circulation in the municipality in which the property is situate at least ten days prior to the date of such hearing.  R.S.O. 1990, c. O.18, s. 49 (6).

Procedure

(7) Sections 6 to 16 and 21 to 23 of the Statutory Powers Procedure Act apply to a hearing under this section.  R.S.O. 1990, c. O.18, s. 49 (7).

Report

(8) The Review Board shall, within thirty days after the conclusion of a hearing under this section, make a report to the Minister setting out its findings of fact, its recommendations and any information or knowledge used by it in reaching its recommendations, and the Review Board shall send a copy of its report to the other parties to the hearing.  R.S.O. 1990, c. O.18, s. 49 (8).

Failure to report

(9) If the Review Board fails to make a report within the time limited by subsection (8), such failure does not invalidate the procedure.  R.S.O. 1990, c. O.18, s. 49 (9).

Decision of Minister

(10) After considering the report under this section, the Minister without a further hearing shall carry out the proposal or refrain from carrying it out or take such action as he or she considers proper in accordance with this Part and the regulations, and the Minister’s decision is final.  R.S.O. 1990, c. O.18, s. 49 (10).

Request for cancellation

(11) Despite subsection (1), the Minister may cancel a licence if the licensee requests its cancellation in writing.  2002, c. 18, Sched. F, s. 2 (32).

Withdrawal of hearing request

(12) An applicant or licensee who has submitted a notice requiring a hearing under subsection (2) may withdraw the notice at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the Minister may carry out the proposal stated in the notice under subsection (1) as if no notice had been submitted under subsection (2).  1996, c. 4, s. 60.

Extension of time

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 Review Board 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).

Provisional refusal or revocation, etc.

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).

Designation process

52. (1) Where the Minister, after consultation with the Foundation, intends to designate a property to be of archaeological or historical significance, he or she shall cause notice of intention to designate to be given by the Foundation in accordance with subsection (2).

Notice of intention

(2) Notice of intention to designate under subsection (1) shall be,

(a) served on the owner of the property and on the clerk of the municipality in which the property is situate; and

(b) published in a newspaper having general circulation in the municipality in which the property is situate.  R.S.O. 1990, c. O.18, s. 52 (1, 2).

Contents of notice

(3) Notice of intention to designate under subsection (1) shall contain,

(a) an adequate description of the property so that it may be readily ascertained;

(b) a statement of the reason for the proposed designation;

(c) a statement of the period of time that the designation of the property is to remain in effect; and

(d) a statement that notice of objection to the designation may be served on the Minister within thirty days of the date of publication of the notice of intention in a newspaper having general circulation in the municipality in which the property is situate.  R.S.O. 1990, c. O.18, s. 52 (3); 1996, c. 4, s. 61 (1).

Objection

(4) A person who objects to a proposed designation may, within thirty days of the date of publication of the notice of intention in a newspaper having general circulation in the municipality in which the property is situate, serve on the Minister a notice of objection setting out the reason for the objection and all relevant facts.  R.S.O. 1990, c. O.18, s. 52 (4); 1996, c. 4, s. 61 (2).

Where no notice of objection

(5) Where no notice of objection is served within the thirty-day period under subsection (4), the Minister shall,

(a) make an order designating the property for the period provided for in the notice of intention referred to in subsection (3) and cause a copy of the order together with the reasons for the designation,

(i) to be registered against the property affected in the proper land registry office, and

(ii) to be served on the owner and on the clerk of the municipality in which the property is situate,

and publish a notice of such order in a newspaper having general circulation in the municipality in which the property is situate; or

(b) withdraw the notice of intention to designate the property by serving and publishing notice of such withdrawal in the manner and to the persons as required for the notice of intention to designate under subsection (2).

Referred to Review Board

(6) Where a notice of objection has been served under subsection (4), the Minister shall, upon expiration of the thirty-day period under subsection (4), refer the matter to the Review Board for a hearing and report.

Hearing

(7) Pursuant to a reference by the Minister under subsection (6), the Review Board, as soon as is practicable, shall hold a hearing open to the public to determine whether the property in question should be designated, and the Minister, the owner, any person who has filed an objection under subsection (4) and such other persons as the Review Board may specify, are parties to the hearing.

Place of hearing

(8) A hearing under subsection (7) shall be held at such place in the municipality in which the property is situate as the Review Board may determine, and notice of such hearing shall be published in a newspaper having general circulation in the municipality in which the property is situate at least ten days prior to the date of such hearing.

Review Board may combine hearings

(9) The Review Board may combine two or more related hearings to conduct them in all respects and for all purposes as one hearing.

Statutory Powers Procedure Act, application

(10) Sections 6 to 16 and 21 to 23 of the Statutory Powers Procedure Act apply to a hearing under subsection (7).

Report

(11) Within thirty days after the conclusion of a hearing under subsection (7), the Review Board shall make a report to the Minister setting out its findings of fact, its recommendations as to whether or not the property should be designated under this Act and any information or knowledge used by it in reaching its recommendations, and the Review Board shall send a copy of its report to the other parties to the hearing.

Failure to report

(12) Where the Review Board fails to make a report within the time limited by subsection (11), such failure does not invalidate the procedure.

Decision of Minister

(13) After considering the report under subsection (11), the Minister without a further hearing shall,

(a) make an order designating the property for the period provided for in the notice of intention referred to in subsection (3) and cause a copy of the order together with the reasons for the designation,

(i) to be registered against the property affected in the proper land registry office,

(ii) to be served on the owner and on the clerk of the municipality in which the property is situate,

and publish a notice of such order in a newspaper having general circulation in the municipality in which the property is situate; or

(b) withdraw the notice of intention to designate the property by serving and publishing notice of such withdrawal in the manner and to the persons as required for the notice of intention to designate under subsection (2),

and the decision is final.  R.S.O. 1990, c. O.18, s. 52 (5-13).

Withdrawal of objection

(14) A person who has served a notice of objection under subsection (4) may withdraw the objection at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the Minister shall act in accordance with subsection (5) as if no notice of objection had been served.  1996, c. 4, s. 61 (3).

Application of s. 56

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.

Revocation of designation, Minister’s initiative

54. The Minister may at any time, after consultation with the Foundation, 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.

Revocation of designation, owner’s initiative

55. (1) An owner of property designated under this Part may apply to the Minister to have the designation revoked.

Decision of Minister

(2) The Minister after consultation with the Foundation shall consider an application under subsection (1) and may consult with the council of the municipality in which the designated property is situate and within ninety days of receipt thereof shall,

(a) refuse the application and cause notice of the decision to be given to the owner; or

(b) consent to the application and order the designation of the property to be revoked, and shall cause,

(i) a copy of the order to be served on the owner and the clerk of the municipality in which the property is situate,

(ii) reference to the property to be deleted from the Register referred to in section 23,

(iii) notice of such revocation of the designation of the property to be published in a newspaper having general circulation in the municipality in which the property is situate, and

(iv) a copy of the order to be registered against the property affected in the proper land registry office.

Extension of time

(3) The applicant and the Minister may agree to extend the time under subsection (2) and, where the Minister fails to notify the applicant of the decision within ninety days after receipt of the application or within such extended time as may be agreed upon, the Minister shall be deemed to have consented to the application.

Application for hearing

(4) Where the Minister refuses an application under subsection (2), the owner may, within thirty days after receipt of the notice under subsection (2), apply to the Minister for a hearing before the Review Board.

Referral to Review Board

(5) The Minister shall, upon receipt of a notice under subsection (4), refer the matter to the Review Board for a hearing and report, and shall publish a notice of the hearing in a newspaper having general circulation in the municipality in which the designated property is situate at least ten days prior to the date of the hearing.

Hearing

(6) The Review Board shall, as soon as is practicable, hold a hearing open to the public to review the application and the Minister and the owner and such other persons as the Review Board may specify are parties to the hearing.

Place of hearing

(7) A hearing under subsection (6) shall be held at such place in the municipality in which the property is situate as the Review Board may determine.

Statutory Powers Procedure Act, application

(8) Sections 6 to 16 and 21 to 23 of the Statutory Powers Procedure Act apply to a hearing under subsection (6).

Report

(9) Within thirty days after the conclusion of a hearing under subsection (6), the Review Board shall make a report to the Minister setting out its findings of fact, its recommendations as to whether or not the application should be approved, and any information or knowledge used by it in reaching its recommendations, and shall send a copy of its report to the other parties to the hearing.

Failure to report

(10) Where the Review Board fails to make a report within the time limited by subsection (9), such failure does not invalidate the procedure.

Decision of Minister

(11) After considering the report under subsection (9), the Minister without a further hearing shall,

(a) refuse the application and cause notice of the decision to be given to the owner; or

(b) consent to the application and order the designation of the property revoked, and cause,

(i) a copy of the order to be served on the owner and the clerk of the municipality in which the property is situate,

(ii) reference to the property to be deleted from the Register referred to in section 23,

(iii) notice of the revocation to be published in a newspaper having general circulation in the municipality in which the property is situate, and

(iv) a copy of the order to be registered against the property affected in the proper land registry office,

and the decision is final.  R.S.O. 1990, c. O.18, s. 55.

Withdrawal of application

(12) The owner may withdraw an application made under subsection (4) at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the Minister shall act in accordance with subsection (2) as if no application had been made under subsection (4).  1996, c. 4, s. 62.

Permit for excavation, etc.

56. (1) No person shall excavate or alter property designated under this Part or remove any artifact therefrom without first applying to the Minister and receiving a permit therefor.  R.S.O. 1990, c. O.18, s. 56 (1); 2002, c. 18, Sched. F, s. 2 (35).

Issuance of permit

(2) An applicant is entitled to a permit or renewal of a permit by the Minister to excavate or alter designated property and remove artifacts therefrom except where the Minister is of the opinion that such excavation, alteration or the taking or removal of artifacts would impair or interfere with the protection of the designated property.  R.S.O. 1990, c. O.18, s. 56 (2); 2002, c. 18, Sched. F, s. 2 (36).

Terms and conditions of permit

(3) A permit is subject to such terms and conditions to give effect to the purposes of this Part, including terms of rehabilitation and security therefor as are consented to by the applicant, imposed by the Minister or prescribed by the regulations.  R.S.O. 1990, c. O.18, s. 56 (3).

Permit not transferable

(4) A permit is not transferable.  R.S.O. 1990, c. O.18, s. 56 (4).

Permit, grounds for revocation and refusal to renew

57. Subject to section 58, the Minister may refuse to renew or may suspend or revoke a permit for any reason that would disentitle the permittee to a permit under section 56 if the permittee were an applicant or where the permittee is in breach of a term or condition of the permit.  R.S.O. 1990, c. O.18, s. 57; 2002, c. 18, Sched. F, s. 2 (37).

Refusal or revocation, etc., of permit

58. (1) Where the Minister proposes to refuse to issue or renew a permit or proposes to suspend or revoke a permit, he or she shall serve notice of the proposal together with written reasons therefor on the applicant or permittee.  R.S.O. 1990, c. O.18, s. 58 (1); 2002, c. 18, Sched. F, s. 2 (38).

Contents of notice

(2) A notice under subsection (1) shall state that the applicant or permittee is entitled to a hearing by the Review Board if the applicant or permittee mails or delivers to the Minister a written request for a hearing within fifteen days after service of the notice under subsection (1).  R.S.O. 1990, c. O.18, s. 58 (2).

Minister may carry out proposals

(3) Where the applicant or permittee does not request a hearing by the Review Board in accordance with subsection (2), the Minister may carry out the proposals stated in the notice under subsection (1).  R.S.O. 1990, c. O.18, s. 58 (3).

Referral to Review Board

(4) Where an applicant or permittee requests a hearing by the Review Board in accordance with subsection (2), the Minister shall refer the matter to the Review Board for a hearing and report.  R.S.O. 1990, c. O.18, s. 58 (4).

Hearing

(5) Pursuant to a reference by the Minister under this section, the Review Board shall, as soon as is practicable, hold a hearing as to whether the permit to which the hearing relates should be issued or renewed or should be suspended or revoked, as the case may be, and the applicant or permittee and such other persons as the Review Board may specify shall be parties to the hearing.  R.S.O. 1990, c. O.18, s. 58 (5).

Place of hearing

(6) A hearing under subsection (5) shall be held at such place in the municipality in which the property is situate as the Review Board may determine and notice of such hearing shall be published in a newspaper having general circulation in the municipality in which the property is situate at least ten days prior to the date of such hearing.  R.S.O. 1990, c. O.18, s. 58 (6).

Procedure

(7) Sections 6 to 16 and 21 to 23 of the Statutory Powers Procedure Act apply to a hearing under this section.  R.S.O. 1990, c. O.18, s. 58 (7).

Report

(8) Within thirty days after the conclusion of a hearing under subsection (5), the Review Board shall make a report to the Minister setting out its findings of fact, its recommendations as to the issue, renewal, suspension or revocation of the permit to which the hearing relates, as the case may be, and any information or knowledge used by it in reaching its recommendations, and shall send a copy of its report to the other parties to the hearing.  R.S.O. 1990, c. O.18, s. 58 (8).

Decision of Minister

(9) After considering a report made under this section, the Minister shall without a further hearing confirm or revise the decision under subsection (1) with such modifications as the Minister considers proper and shall give notice of the decision and the reasons therefor to the applicant or permittee and to the other parties to the hearing, and the decision is final.  R.S.O. 1990, c. O.18, s. 58 (9).

Withdrawal of hearing request

(10) An applicant or permittee who has requested a hearing under subsection (2) may withdraw the request at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the Minister may carry out the proposal stated in the notice under subsection (1) as if the applicant or permittee had not requested a hearing.  1996, c. 4, s. 63.

Extension of time

59. (1) The Minister may extend the time for requiring a hearing under section 58, either before or after expiration of the time fixed therein, if satisfied that there are apparent grounds for granting relief to the applicant or permittee 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. 59 (1).

Continuance pending renewal

(2) If a permittee applies for renewal of a permit before the end of the term of the permit, the permit shall be deemed to continue,

(a) until the renewal is granted; or

(b) where the permittee is served with notice under section 58 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 Review Board carries out the proposal stated in the notice under subsection 58 (1).  2002, c. 18, Sched. F, s. 2 (39).

Provisional refusal or revocation, etc.

60. Despite sections 58 and 59, the Minister, by notice to a permittee and without a hearing, may provisionally refuse renewal of, or suspend the permittee’s permit where the continuation of operations under the permit is, in the Minister’s opinion an immediate threat to the public’s interest and the Minister so states in such notice, giving reasons therefor, and thereafter section 58 applies as if the notice given under this section were a notice of a proposal to revoke the permit under subsection 58 (1).  R.S.O. 1990, c. O.18, s. 60.

Licence or permit not authority to enter

61. The issue of a licence under section 48 or a permit under section 56 does not authorize the holder of such licence or permit to enter upon any property.  R.S.O. 1990, c. O.18, s. 61.

Stop order

62. (1) Where the Minister after consultation with the Foundation is of the opinion that property is of archaeological or historical significance and is likely to be altered, damaged, or destroyed by reason of commercial, industrial, agricultural, residential or other development, the Minister may issue a stop order directed to the person responsible for such commercial, industrial, agricultural, residential or other development prohibiting any work on the property for a period of no longer than 180 days, and within that period the Minister or any person authorized by the Minister in writing may examine the property and remove or salvage artifacts from the property.  R.S.O. 1990, c. O.18, s. 62 (1); 2002, c. 18, Sched. F, s. 2 (40).

Compensation

(2) Where a stop order is made by the Minister under subsection (1) and no agreement as to payment of compensation has been reached by the Minister and the person affected by the stop order, the person affected by the stop order shall be entitled to compensation for personal or business damages resulting from the stop order, and the Expropriations Act with respect to the negotiation, payment and fixing of compensation applies with necessary modifications as if the stop order imposed by this Part were an expropriation of rights.  R.S.O. 1990, c. O.18, s. 62 (2).

Compensation where property designated

63. Where property is designated under section 52 and no agreement as to the payment of compensation has been reached by the Minister with the owner, the owner shall be entitled to compensation for personal or business damages for the period provided for in the order designating the property, and the Expropriations Act with respect to the negotiation, payment and fixing of compensation applies with necessary modifications as if the designation and the resulting restrictions imposed by this Act were an expropriation of rights.  R.S.O. 1990, c. O.18, s. 63.

Inspection

64. (1) For the purpose of carrying out this Part, any person authorized by the Minister 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 52 (2).

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. 64.

Report of field work

65. (1) Within a reasonable time after the close of each season’s field work, every licensee shall furnish to the Minister a report containing full details of the work done and such other information as the Minister may require.  R.S.O. 1990, c. O.18, s. 65 (1); 2002, c. 18, Sched. F, s. 2 (41).

Report of archaeological sites

(2) When so required by the Minister, a person, organization or corporation shall prepare and file with the Minister particulars of all property of archaeological or historical significance in Ontario, known to such person, organization or corporation.  R.S.O. 1990, c. O.18, s. 65 (2).

Form and manner

(3) A report under subsection (1) shall be furnished to the Minister, and particulars under subsection (2) shall be filed with the Minister, in such form and manner as the Minister may require.  2002, c. 18, Sched. F, s. 2 (42).

Artifacts may be held in trust

66. (1) The Minister may direct that any artifact taken under the authority of a licence or a permit be deposited in such public institution as the Minister may determine, to be held in trust for the people of Ontario.  2002, c. 18, Sched. F, s. 2 (43).

Same

(2) Any artifact that is taken by a person who is not a licensee or by a licensee in contravention of a licence or this Part may be seized by a person authorized to do so by the Minister and deposited in such public institution as the Minister may determine, to be held in trust for the people of Ontario.  2002, c. 18, Sched. F, s. 2 (43).

PART VII
GENERAL

Service

67. (1) Any notice or order required to be given, delivered or served under this Act or the regulations is sufficiently given, delivered or served if delivered personally or sent by registered mail addressed to the person to whom delivery or service is required to be made at that person’s last known address.

Idem

(2) Where service is made by mail, the service shall be deemed to be made on the seventh day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date.  R.S.O. 1990, c. O.18, s. 67 (1, 2).

(3) Repealed:  1996, c. 4, s. 64.

Pre-hearing conference

67.1 (1) In any case under this Act where the Review Board is required to hold a hearing, the Review Board may direct the parties to a hearing to participate in a pre-hearing conference to consider,

(a) the settlement of any or all of the issues;

(b) the simplification of the issues;

(c) facts or evidence that may be agreed upon;

(d) the dates by which any steps respecting the hearing are to be taken or begun;

(e) the estimated duration of the hearing; and

(f) any other matter that may assist in the just and most expeditious disposition of the hearing.

Who conducts conference

(2) The chair of the Review Board may designate a member of the Review Board or any other person to conduct a pre-hearing conference.

Orders

(3) A member of the Review Board who conducts a pre-hearing conference may make such orders as he or she considers necessary or advisable with respect to the conduct of the hearing, including adding parties.

Disqualification

(4) A member of the Review Board who conducts a pre-hearing conference at which the parties attempt to settle issues shall not conduct the hearing into the matter unless the parties consent.

Electronic pre-hearing conference

(5) A pre-hearing conference may be held by conference telephone or some other form of electronic technology that allows persons to hear one another.

Exception

(6) A pre-hearing conference shall not be held in the manner described in subsection (5) if one of the parties satisfies the person conducting the conference that such a conference is likely to cause the party significant prejudice.

Same

(7) Subsection (6) does not apply if the only purpose of the pre-hearing conference is to deal with procedural matters.

Participants to be able to hear one another

(8) In a pre-hearing conference held in the manner described in subsection (5), all the parties and the person conducting the conference must be able to hear one another throughout the conference.  1996, c. 4, s. 65.

Designation under public or private Acts

68. (1) Where, before the 5th day of March, 1975, a building or structure is designated by by-law under any public or private Act as a building or structure of historic or architectural value or interest, the building or structure shall be deemed to be property designated under Part IV of this Act and Part IV applies.

Land deemed to be property under Part VI

(2) Where, before the 5th day of March, 1975, land was designated under The Archaeological and Historic Sites Protection Act as an archaeological or historic site, as the case may be, the land shall be deemed to be property designated under Part VI of this Act and Part VI applies.

Conflict

(3) Where there is a conflict between this Act or the regulations and any other Act or regulation, this Act or the regulations shall prevail.  R.S.O. 1990, c. O.18, s. 68.

Offences and restoration costs

69. (1) Subject to subsection (2), every person who,

(a) knowingly, furnishes false information in any application under this Act or in any statement, report or return required to be furnished under this Act or the regulations;

(b) fails to comply with any order, direction or other requirement made under this Act; or

(c) contravenes this Act or the regulations,

and every director or officer of a corporation who knowingly concurs in such furnishing of false information, failure or contravention is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.  R.S.O. 1990, c. O.18, s. 69 (1).

Corporations

(2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $250,000 and not as provided therein.  R.S.O. 1990, c. O.18, s. 69 (2).

Exception

(2.1) Despite subsections (1) and (2), if a person is convicted of the offence of contravening section 34, 34.1 or 34.2, demolishing or removing a building or structure in contravention of section 42 or contravening section 43, or if a director or officer of a corporation is convicted of knowingly concurring in such act by the corporation, the maximum fine that may be imposed is $1,000,000.  2002, c. 18, Sched. F, s. 2 (44).

(3) Repealed:  2002, c. 18, Sched. F, s. 2 (45).

No offence

(4) A person is not guilty of an offence under subsection (1) for altering or permitting the alteration of a property designated under Part IV in contravention of section 33 or for altering or permitting the alteration of the external portions of a building or structure located in a heritage conservation district designated under Part V in contravention of section 42, if the alteration is carried out for reasons of public health or safety or for the preservation of the property, building or structure, after notice is given to the clerk of the municipality in which the property, building or structure is situate.  2002, c. 18, Sched. F, s. 2 (46).

Recovery of restoration costs

(5) If a property designated under Part IV is altered in contravention of section 33 or if the external portions of a building or structure located in a heritage conservation district designated under Part V are altered in contravention of section 42, the council of the municipality may, in addition to any other penalty imposed under this Act, if it is practicable, restore the property, building or structure as nearly as possible to its previous condition and may recover the cost of the restoration from the owner of the property, building or structure, unless,

(a) in the opinion of the council, the property, building or structure is in an unsafe condition or incapable of repair; or

(b) the alteration was carried out for reasons of public health or safety or for the preservation of the property, building or structure.  2002, c. 18, Sched. F, s. 2 (46).

Idem

(6) For the purpose of subsection (5), the council of a municipality may authorize any person in writing to enter on the property to carry out restorations.  R.S.O. 1990, c. O.18, s. 69 (6); 2002, c. 18, Sched. F, s. 2 (47).

Regulations

70. The Lieutenant Governor in Council may make regulations,

(a) governing applications for payment of grants or loans under this Act;

(b) Repealed:  2002, c. 18, Sched. F, s. 2 (48).

(c) affixing fees or charges for services rendered under this Act;

(d) governing applications for a licence or renewal of a licence;

(d.1) prescribing classes of a licence;

(d.2) prescribing terms, conditions and limitations of a licence or a class of licence, including prescribing the type of archaeological fieldwork that may be carried out by the holder of the licence or the class of licence;

(d.3) prescribing the eligibility criteria and other requirements for the issuance of a licence or a class of licence;

(e) providing for the apportionment and distribution of money appropriated by the Legislature for,

(i) the establishment, maintenance, development and promotion of museums and historical institutions and providing for the condition covering the payment thereof,

(ii) any person, organization or corporation who, with the consent of the owner of the property, places markers, signs, cairns or other interpretive facilities for the interest and guidance of the public;

(f) prescribing sites or classes of sites for which no licence is required;

(g) prescribing activities or classes of activities for which no licence is required;

(h) defining “archaeological fieldwork”, “archaeological site”, “artifact”, “cultural heritage” and “marine archaeological site” for the purposes of this Act and the regulations.  R.S.O. 1990, c. O.18, s. 70; 2002, c. 18, Sched. F, s. 2 (48-50).

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