Introduction

The Ontario Heritage Act gives the Minister of Heritage, Sport, Tourism and Culture Industries the power to designate a property of provincial significance. This designation prohibits the demolition or removal of any building or structure and requires ministerial approval for alterations of the property.

The Ontario Heritage Act also gives the minister the power to issue a Stop Order to prevent the likely imminent alteration, damage, demolition or removal of any building or structure, if the minister is of the opinion that property may have cultural heritage value or interest of provincial significance. A Stop Order prevents any activity that will likely result in alteration or damage to a property for up to 60 days.

Evaluating provincial significance

A property may have cultural heritage value or interest of local or provincial significance.

Municipalities can use the criteria in Ontario Regulation 9/06 to evaluate the cultural heritage value or interest of a property before making decisions about municipal designation.

The minister’s powers to designate and to issue a Stop Order rely on evaluating a property’s cultural heritage value or interest against criteria in Ontario Regulation 10/06: Criteria for Determining Cultural Heritage Value or Interest of Provincial Significance. Provincial significance is determined by the minister, in consultation with the Ontario Heritage Trust.

Designating heritage properties in Ontario

In Ontario, heritage designation is a municipal responsibility, and municipalities have designated more than 7,200 individual properties. Municipalities have also designated more than 130 Heritage Conservation Districts that protect more than 24,000 properties.

Provincial designation may be considered if a property meets the criteria in Ontario Regulation 10/06 and the minister determines that there is a provincial interest in designating the property. A provincial designation may also be considered in an unorganized territory where there is no municipality that could use the municipal powers in the Ontario Heritage Act to designate properties.

Stop Orders

The minister may issue a Stop Order when two conditions are met:

  • there is an imminent threat of alteration, demolition or removal of a structure or building
  • the minister is of the opinion that the structure or building may have provincial significance

A Stop Order is a powerful tool, and the minister will only consider this course of action when alternative tools are not available.

The Stop Order halts activity to a building or structure for up to 60 days to allow for conservation solutions to be identified and/or a designation of provincial significance to take place.