06 10 2013 Heritage Committee AgendaPage
Township of
Proud Heritage, Exciting Future
TOWNSHIP OF ORO- MEDONTE
HERITAGE COMMITTEE
MEETING AGENDA
Carley Community Hall
396 Warminster Side Road
Monday, June 10, 2013
TIME: 6:00 p.m.
1. ADOPTION OF AGENDA
a) Motion to Adopt the Agenda.
2. DISCLOSURE OF PECUNIARY INTEREST
3. DEPUTATIONS:
None.
4. COMMUNICATIONS:
a) Councillor Crawford, re: Introduction of Members.
2 -36 b) Marie Brissette, Committee Coordinator, re:
• Township's Procedural By -Law;
• Township's Remuneration By -Law;
• Confidentiality Agreement;
• By -Laws to Establish a Heritage Committee;
• Heritage Committee Appointee Acknowledgement.
37 c) Councillors Crawford and Coutanche, Shawn Binns, Director of Recreation
and Community Services, re: History of Oro - Medonte History Committee.
38 -157 d) Ontario Heritage Act.
158 e) Councillors Crawford and Coutanche, Shawn Binns, Director of Recreation
and Community Services, re: Work Plan and Structure.
5. NEXT MEETING DATE
Schedule to be determined by the Heritage Committee.
6. ADJOURNMENT
a) Motion to Adjourn.
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THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -054
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A By -law to Govern the Proceedings of Council and Committees/Technical
Support Groups of Council in the Township of Oro - Medonte
and to Repeal By -law No. 2011 -011
WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
states that every municipality and local board shall pass a procedure by -law for
governing the calling, place and proceedings of meetings;
AND WHEREAS Section 238(2.1) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended states that the procedure by -law shall provide for public notice of meetings;
AND WHEREAS the Township of Oro - Medonte By -law No. 2011 -011, being a by -law to
govern the proceedings of Council and Committees/Technical Support Groups of
Council in the Township of Oro - Medonte was passed under the authority of the
Municipal Act, 2001, S.O. 2001, c.25, Section 238(2);
AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte
deems it expedient to repeal By -law No. 2011 -011 so that Council may reflect the
current practices, procedures and statutory requirements of Council and
Committees/Technical Support Groups of Council;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That the proceedings of Council and its Committees/Technical Support Groups,
the conduct of the Members and the calling of meetings shall be governed by the
provisions and regulations contained in Schedule "A ", attached hereto and
forming part of this by -law.
2. That the current edition of "Robert's Rules of Order Newly Revised" shall be the
basis of interpretation for questions of procedure or order not provided for in
Schedule "A ".
3. That should any section, subsection, clause, paragraph or provision of this by-
law be declared by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of the by -law as a whole or any part thereof, other than the
provision so declared to be invalid. Any provincial Statutes imposed contrary to
this by -law shall take precedence.
4. That this by -law may be cited as the "Procedural By -law ".
5. That By -law No. 2011 -011 is hereby repealed in its entirety.
6. This by -law shall take effect on the 29th day of April, 2013.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 24th DAY
OF APRIL, 2013.
THE CCO�O"
1 •
ORATION OF THE TOWNSHIP OF ORO- MEDONTE
ayor,
C J loin Irwin
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Schedule "A" to By -law No. 2013 -054
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Schedule "A"
to By -law No. 2013 -054 for
The Corporation of the Township of Oro - Medonte
INDEX
1.0 DEFINITIONS
2.0 NOTICE OF MEETING
3.0 CALLING, PLACE AND TIME OF MEETINGS
3.1 Inaugural Meeting of Council
3.2 Regular Meeting Schedule of Council
3.3 Council Meetings - Special or Emergency
3.4 Committees or Technical Support Groups of Council Meetings
3.5 Time Meetings to Commence
3.6 Clerk Required
3.7 Time Meetings to Adjourn
4.0 QUORUM
4.1 Quorum - Council
4.2 Quorum - Committees or Technical Support Groups of Council
4.3 Attendance
4.4 Non - Attendance - Committees or Technical Support Groups of Council
5.0 OPEN AND CLOSED MEETINGS - GENERAL
5.1 Open Meetings
5.2 Closed Session Meetings
6.0 HEAD OF COUNCIL
6.1 Chair - Council
6.2 Duties of Chair
6.3 Vacate the Chair - Head of Council
6.4 Absence from Council Meeting
7.0 CHAIR - COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL
7.1 Absence from Committee or Technical Support Group Meeting
8.0 CONDUCT
8.1 Conduct - Members of Council
8.2 Conduct - Committees or Technical Support Group Appointees
8.3 Conduct - Members of the Public
9.0 RULES OF DEBATE
9.1 Rules of Debate - Head of Council /Chair
9.2 Rules of Debate - Members
9.3 Rules of Debate - In CounciVCommittee
10.0 VOTING
10.1 Voting - Head of Council
10.2 Voting - Chair of Committee or Technical Support Group of Council
10.3 Voting on Questions
10.4 Failure to Vote
10.5 Appeal of Declaration of Result
10.6 Equality of Votes
10.7 Recorded Vote
10.8 Voting - Closed Session Meeting
11.0 MOTIONS /RECOMMENDATIONS
11.1 Motions /Recommendations - General
11.2 Withdrawal of a Motion
11.3 Motion to Amend
11.4 Notice of Motion
11.5 Motion to Reconsider
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12.0 AGENDA AND MINUTES
12.1 Council Agenda
12.2 Committee Agenda
12.3 Verbal Matters
12.4 Announcements
12.5 Minutes — Council and Committee
13.0 PUBLIC MEETINGS /PUBLIC INFORMATION SESSIONS
14.0 PETITIONS AND COMMUNICATIONS
15.0 DEPUTATIONS /DELEGATIONS
16.0 BY -LAWS
17.0 CONFIRMATION BY -LAW
18.0 SUSPENSION /AMENDMENT OF PROCEDURE
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1.0 DEFINITIONS
That in this By -law:
a) "Closed Session" means a meeting, or portion thereof, closed to the public in
accordance with Section 239 of the Municipal Act, 2001, as amended.
b) "Committee" means an advisory committee or technical support group of
Council or similar entity.
c) "Agenda" means a list of all items to be considered by the Council /Committee
at the meeting for which the agenda was published.
d) "Chair" means the person presiding over a meeting of a Council or
Committee/Technical Support Group.
e) "Clerk" means the Clerk of the Township of Oro - Medonte, or the Deputy
Clerk, or the Committee Coordinator, acting in the capacity of the Clerk in
his /her absence, or a person who the Clerk has delegated authority to in
accordance with Section 228(4) of the Municipal Act, 2001, as amended.
f) "Consent Agenda" means a list of items on the agenda containing
recommendations from staff as to their disposition, all of which may be
adopted by one motion, but any of which may be transferred to the regular
agenda for consideration upon the request of a member.
g)
"Council" means the Council of The Corporation of the Township of Oro -
Medonte.
h) "Deputation /Delegation" means a person or group of persons who address
Council /Committee on behalf of an individual or a group for the purpose of
making a presentation.
i) "Emergency Meeting" means a meeting not scheduled in accordance with the
approved schedule of meetings and must be held as expeditiously as
possible.
1)
"Head of Council" means the Mayor of The Corporation of the Township of
Oro - Medonte or the Deputy Mayor acting in the capacity of the Mayor in
his /her absence.
k) "Holiday" means:
(i) any holiday as defined in the Section 88 of the Legislation Act,
2006. S.O. 2006, c.21, Sched. F,
(ii) any day proclaimed by the Head of the Council as a Civic Holiday.
I) "Improper Language" means the use of profane, indecent or obscene
language.
m) "Local Board" means a public utility commission, transportation commission,
board of park management, board of health, planning board, or any other
board, commission, committee, body or local authority established or
exercising any power or authority under any general or special act with
respect to any of the affairs or purposes of a municipality or of two or more
municipalities or parts thereof.
n) "Meeting" means any regular, special, committee or other meeting of Council,
or a local board or of a committee of either of them.
o) "Member" means a member of the Council, including the Head of Council, or
a member which Council has appointed to a Committee/Technical Support
Group.
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p) "Notice of Motion" means an advance notice to members of a matter on which
Council will be asked to take a position.
q) "Recorded Vote" means the recording of the name and vote of every Member
on any matter of question.
r) "Resident" means an individual who resides or rents /owns property within the
boundaries of the Township.
s) "Special Meeting" means a meeting not scheduled in accordance with the
approved schedule of meetings.
t) "Technical Support Group" means an advisory committee where less than 50
per cent of the members are members of Council of the Township of Oro -
Medonte.
u) "Township" means The Corporation of the Township of Oro - Medonte.
2.0 NOTICE OF MEETING
a) The Clerk shall ensure that the agenda for each regular meeting of
Council and Committee shall be posted to the Township website on the
morning of the first business day of the week of the meeting.
b) Notice of a Special Council Meeting shall be given to the public by posting
of the Agenda on the Township website as soon as is practicable after
notice of the Special Meeting has been given.
c) Notice of an Emergency Council Meeting shall be given to the public by
posting the Agenda on the Township website as soon as is practicable.
Such posting may not occur prior to the Emergency Meeting.
d) The Mayor or Chair may, if it appears that a storm or like occurrence will
prevent the members from attending a meeting, postpone that meeting by
advising the Clerk and as many members as they are able to reach.
Postponement shall not be for any longer than the next regularly
scheduled meeting.
e) The Clerk, or designate, shall provide notice of cancellation to Council,
Staff, Media and all other interested parties a minimum of two (2) hours,
whenever possible, in advance of any meeting, public meeting, hearing, or
information session in the case of severe inclement weather.
3.0 CALLING, PLACE AND TIME OF MEETINGS
3.1 Inaugural Meeting of Council
a) The Inaugural Meeting of Council shall take place at 7:00 p.m. on the first
Wednesday of December following a regular election.
b) The Mayor -elect and Clerk shall be responsible for the location, content
and format of the agenda for the Inaugural Meeting and all arrangements
for the Inaugural proceedings.
c) That prior to the commencement of the first meeting of the newly elected
Council, the Clerk in consultation with the Mayor, shall establish the
seating arrangement to be used for the Term of Council, or portion
thereof.
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3.2 Regular Meeting Schedule of Council
The regular schedule of meetings for the Council of The Corporation of the
Township of Oro - Medonte shall be:
a) Council Meetings on the first, second and fourth Wednesday of each
month (except January, July August and December — as defined further in
this section).
b) The public session meeting on the first Wednesday of the month will
commence at 10:00 a.m. The meeting may commence up to 1 hour
earlier to deal with Closed Session Items. In the event that Council
concludes discussion on the Closed Session Items prior to the 10:00 a.m.
public session, Council will rise and recess and reconvene at 10:00 a.m.
for the reporting of the Closed Session Items during the public session.
Any matter which is not concluded during the preliminary Closed Session
will be carried forward to the Closed Session Items (Unfinished Items)
towards the end of the meeting agenda.
c) The public session meetings on the second and fourth Wednesdays of the
month will commence at 7:00 p.m. The meeting may commence up to 1
hour earlier to deal with Closed Session Items. In the event that Council
concludes discussion on the Closed Session Items prior to the 7:00 p.m.
public session, Council will rise and recess and reconvene at 7:00 p.m. for
the reporting of the Closed Session Items during the public session. Any
matter which is not concluded during the preliminary Closed Session will
be carried forward to the Closed Session Items (Unfinished Items) towards
the end of the meeting agenda.
d) During the month of January, meetings shall be held as follows:
i) There shall be no meeting the first Wednesday of the month;
ii) Council meetings shall be held on the second and fourth
Wednesday of the month commencing at 7:00 p.m. The meeting
may commence up to 1 hour earlier to deal with Closed Session
Items. In the event that Council concludes discussion on the
Closed Session Items prior to the 7:00 p.m. public session, Council
will rise and recess and reconvene at 7:00 p.m. for the reporting of
the Closed Session Items during the public session. Any matter
which is not concluded during the preliminary Closed Session will
be carried forward to the Closed Session Items (Unfinished Items)
towards the end of the meeting agenda.
e) During the months of July and August, a Council meeting shall be held on
the Wednesday of the week, in which the 15th day falls between Sunday
and Saturday with the public session commencing at 10:00 a.m. The
meeting may commence up to 1 hour earlier to deal with Closed Session
Items. In the event that Council concludes discussion on the Closed
Session Items prior to the 10:00 a.m. public session, Council will rise and
recess and reconvene at 10:00 a.m. for the reporting of the Closed
Session Items during the public session. Any matter which is not
concluded during the preliminary Closed Session will be carried forward to
the Closed Session Items (Unfinished Items) towards the end of the
meeting agenda.
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f) During the month of December, meetings shall be held as follows:
i) The public session meeting on the first Wednesday of the month
will commence at 10:00 a.m. The meeting may commence up to 1
hour earlier to deal with Closed Session Items. In the event that
Council concludes discussion on the Closed Session Items prior to
the 10:00 a.m. public session, Council will rise and recess and
reconvene at 10:00 a.m. for the reporting of the Closed Session
Items during the public session. Any matter which is not concluded
during the preliminary Closed Session will be carried forward to the
Closed Session Items (Unfinished Items) towards the end of the
meeting agenda.
ii) The public session meeting on the second Wednesday of the
month will commence at 7:00 p.m. The meeting may commence
up to 1 hour earlier to deal with Closed Session Items. In the event
that Council concludes discussion on the Closed Session Items
prior to the 7:00 p.m. public session, Council will rise and recess
and reconvene at 7:00 p.m. for the reporting of the Closed Session
Items during the public session. Any matter which is not
concluded during the preliminary Closed Session will be carried
forward to the Closed Session Items (Unfinished Items) towards the
end of the meeting agenda.
iii) On the third Wednesday to be held at 7:00 p.m. which shall be
dedicated to Recognition.
iv) There shall be no meeting the fourth Wednesday of the month.
Meetings of Council /Committee shall be held at the Township of Oro -
Medonte Administration Centre, 148 Line 7 South, Oro or any other
location within the municipality otherwise designated from time to time for
such purposes.
g)
h) In the event that the day scheduled for a regular Council meeting is a
public holiday, civic holiday, or a day on which a Municipal Election is to
be held, the Council shall meet at the same hour on the 1St day thereafter,
unless otherwise provided by resolution.
i) Where a Regular meeting of Council is to be held at a time, day or place
other than as set out in this Section, Council shall give notice, at least 48
hours in advance of such meeting, by publication on the Township
website, and if deemed appropriate by the Clerk, in a newspaper that is, in
the Clerk's opinion, of sufficient general circulation in the area to give the
public reasonable notice of the meeting.
3.3 Council Meetings — Special or Emergency
a) The Mayor may, at any time, summon a Special Meeting of the Council.
b) The Clerk, in consultation with the Mayor, may summon a Special Meeting
of the Council in circumstances where Council needs to make decisions and
actions need to be taken before the next regularly scheduled meeting.
c) Upon receipt of a petition of the majority of the Members of Council, the
Clerk shall summon a Special Meeting for the purpose and at the time
mentioned in the petition.
d) No business may be transacted at a Special Meeting of Council other than
that specified in the notice of the meeting or agenda.
e) Once the agenda for a Special Meeting of Council is posted on the
Township website, there shall be no amendment to the notice of the
meeting or the agenda.
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f) Notice of a Special Meeting of Council shall be delivered to all members of
Council at least one calendar day before the date established for the
Special Meeting.
g)
The Mayor may, at any time, summon an Emergency Meeting of Council
without the required one calendar day notice where the Mayor is satisfied
an extraordinary situation exists that will negatively impact the health,
safety and well -being of persons, expose the municipality to liability, or
negatively impact the municipality's position in negotiation, if Council does
not make a decision and the Township does not act on the matter within
one calendar day of the Emergency Meeting.
h) No business may be transacted at an Emergency Meeting of Council other
than the business dealing directly with the emergency or extraordinary
situation.
i) When the Mayor summons an Emergency Meeting of Council, the Clerk
shall notify members of Council of the meeting in the most expedient
manner.
j)
For the purposes of the Township's Remuneration By -law, an Emergency
Meeting of Council shall be classified as a Special Meeting of Council.
3.4 Committees or Technical Support Groups of Council Meetings
a) Committees or Technical Support Groups wholly within the sphere of the
jurisdiction of Council may be established, revised, disbanded and
replaced as Council deems necessary.
b) All members of such Committees/Technical Support Groups shall be
residents within the municipality.
c) The Mayor shall be an ex- officio member of all Township Committees and
Technical Support Groups where not otherwise prohibited by any Act.
d) Council of the Township of Oro - Medonte, in its sole discretion, may
amend the appointment of any public member to a Committee/Technical
Support Group during its term.
e) The provisions of this By -law, with necessary modification, shall apply to
Township Committees or Technical Support Groups and to any other
Committees or local boards established by Council from time to time.
f) In the event that Council has enacted a Committee/Technical Support
Group specific procedural by -law, the provisions of this By -law, shall apply
when the Committee/Technical Support Group specific procedural by -law
does not speak to the matter in question.
g)
Meetings of Committees or Technical Support Groups of Council shall be
scheduled by the Township.
h) In the event that the day scheduled for a regular Committee meeting is a
public holiday, civic holiday, or a day on which a Municipal Election is to
be held, the Committee shall meet at the same hour on the 1st day
thereafter, unless otherwise provided by resolution.
3.5 Time Meetings to Commence
As soon after the hour fixed for the Council or Committee/Technical Support
Group meeting as there is a quorum present, the Head of Council or Chair shall
take the chair and call the Members to order.
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3.6 Clerk Required
No meeting of Council or Committee/Technical Support Groups, including any
Closed Session, shall be held in the absence of the Clerk or his /her designate.
3.7 Time Meetings to Adjourn
a) Day meetings shall adjourn at 1:00 p.m. unless this rule is temporarily
suspended by resolution of the majority of the Members present.
b) Night meetings shall adjourn at 10:00 p.m. unless this rule is temporarily
suspended by resolution of the majority of the Members present.
c) Special Meetings and Emergency Meetings of Council shall adjourn 4
hours after their scheduled commencement unless this rule is temporarily
suspended by resolution of the majority of the Members present.
d) Notwithstanding Sections 3.7 a) and b), a meeting lasting 4 hours or less
shall be deemed to be a "half day" in accordance with the Township's
Remuneration By -Law.
4.0 QUORUM
4.1 Quorum — Council
a) Four (4) Members of Council shall constitute a quorum.
b) Where quorum is not present within thirty minutes of the time appointed
for a meeting, the Clerk shall call the roll and record the names of the
Members present. The meeting shall stand adjourned until the next
regular meeting or until a Special Meeting is called.
4.2 Quorum — Committees or Technical Support Groups of Council
a) A majority of the whole number of voting members required to constitute
the Committee or Technical Support Group shall be necessary to form a
quorum (being the next whole number in excess of one -half the number of
members).
b) Where quorum is not present within thirty minutes of the time appointed
for a meeting, the Clerk shall record the names of the Members present.
The meeting shall stand adjourned until the next regular meeting or until a
date is fixed by the Chair for which 48 hours notice is given to all
committee or technical support group members.
4.3 Attendance
Any member of Council may attend any meeting of any Committee or Technical
Support Group to which he /she has not been appointed and such a member shall
only participate in the discussion at the invitation of the Chair. Such attendance
at the Committee/Technical Support Group meeting shall be at the member's
own discretion and without per diem.
4.4 Non - Attendance — Committees or Technical Support Groups of Council
a) The seat of a member of a Committee or Technical Support Group shall
be declared vacant if the member is absent for three (3) consecutive
meetings, without prior approval from Council, with the exception of
illness /health reasons.
b) If that person is prepared to show just cause why they should remain on
the Committee or Technical Support Group, the continuation of their
appointment shall be determined by Council.
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c) Members of a Committee or Technical Support Group are required to
inform the Clerk's office of any anticipated, but unavoidable, absences
from upcoming meetings.
5.0 OPEN AND CLOSED MEETINGS - GENERAL
5.1 Open Meetings
All meetings of Council and all meetings of any Committees/Technical Support
Groups of Council shall be open to the public subject to the exceptions listed in
Section 5.2.
5.2 Closed Session Meetings
a) A meeting or part of a meeting may be closed to the public if the subject
matter being considered relates to:
i) the security of the property of the municipality (may be cited as
"security of municipal property");
ii) personal matters about an identifiable individual, including
municipal employees (may be cited as "personal matters about an
identifiable individual ");
iii) the proposed or pending acquisition /disposition of land by the
municipality (may be cited as "acquisition /disposition of land ");
iv) labour relations or employee negotiations (may be cited as "labour
relations /employee negotiations ");
v) litigation or potential litigation affecting the municipality, including
matters before administrative tribunals (may be cited as "litigation
affecting the municipality ");
vi) advice that is subject to solicitor - client privilege, including
communications necessary for that purpose (may be cited as
"solicitor- client privilege ");
vii) a matter in respect of which a council, committee or other body may
hold a closed meeting under another Act;
viii) the consideration of a request under the Municipal Freedom of
information and Protection to Privacy Act, if the Council is
designated as the head of the institution for the purposes of the Act;
ix) the education or training of the members; provided that no member
discusses or otherwise deals with any matter in a way that
materially advances the business or decision making of the Council
or committee (may be cited as "education or training of members ").
b) Before all or part of a meeting is closed to the public, the Members shall
state by resolution:
i) the fact of the holding of the closed meeting and the general nature
of the matter to be considered at the closed meeting; or
ii) in the case of a meeting under Section 239(3.1), Education or
training sessions, the fact of the holding of the closing meeting, the
general nature of the matter and that it is closed under that
subsection.
c) All members shall ensure that all confidential matters disclosed to them
with respect to a Closed Session Item are maintained as Confidential, and
that all materials distributed to members during a Closed Session are
required to be returned to the Clerk, at the conclusion of the matter, for
destruction.
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6.0 HEAD OF COUNCIL
6.1 Chair — Council
The Head of Council shall assume the duties of Chair during Council Meetings.
6.2 Duties of Chair
a) The Chair shall preserve order and decorum, decide questions of order
(subject to an appeal to the Council /Committee by any Member) and,
without unnecessary comment, cite the rule of authority commonly
accepted (under parliamentary procedures) applicable to the case, if
called upon to do so.
b) To open the meeting of Council /Committee by taking the chair and calling
the Members to order.
c) To announce the business before the Council /Committee in the order in
which it is to be acted upon.
d) To receive and submit, in the proper manner, all motions presented by the
Members of Council.
e) To put to vote all questions which are regularly moved and seconded, or
necessarily arise in the course of proceedings, and to announce the
results.
f) To decline to put to vote motions which infringe on the rules of procedure.
g) To restrain the Members, within the rules of order, when engaged in
debate.
h) To enforce, on all occasions, the conduct of the Members.
i) To expel any person for improper conduct.
j) To call by name any Member persisting in breach of the rules of order of
the Council /Committee, thereby ordering him /her to vacate the Council
Chamber, or designated meeting place.
k) To receive all messages and other communications and announce them
to the Council /Committee.
I) To authenticate, by his /her signature when necessary, all by -laws (if
applicable), resolutions and minutes of the Council /Committee.
m) To represent and support the Council /Committee, declaring its decision in
all things.
n) To ensure that the decisions of Council /Committee are in conformity with
the laws and by -laws governing activities of the Council /Committee.
o) To adjourn the meeting when the business is concluded.
p)
To adjourn the meeting without the question put, in the case of grave
disorder arising in the Council Chamber, or designated meeting place.
6.3 Vacate the Chair — Head of Council
a) If the Head of Council desires to introduce a motion or by -law, he /she shall
leave the chair for that purpose only, and shall call on another Member of
Council to fill his /her place until he /she resumes the chair.
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b) A motion in Council that the Head of Council leave the chair, with leave to
sit again, shall always be in order, and shall be decided without debate.
6.4 Absence from Council Meeting
a) In the absence of the Head of Council, within fifteen minutes after the time
appointed for the meeting, the Deputy Mayor shall call the Members to
order and, if a quorum is present, shall preside during the meeting or until
the arrival of the Head of Council. In the absence of the Head of Council
and the Deputy Mayor, and a quorum is present, the Clerk shall call the
members to order, and a Chair shall be chosen from the Members to
preside during the meeting or until the arrival of the Head of Council or
Deputy Mayor.
b) When the Chair is vacated by the Head of Council, the Deputy Mayor shall
assume the Chair and shall preside during the meeting until the return of
the Head of Council.
c) While presiding, the Deputy Mayor or Chair chosen by Council shall have
all the powers of the Head of Council and shall be entitled to vote as a
Member.
7.0 CHAIR — COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL
The Chair of a Committee or Technical Support Group of Council shall be
appointed by Council, with the exception of Committee of Adjustment who shall
appoint their Chair from amongst its members.
7.1 Absence from Committee or Technical Support Group Meeting
a) In the absence of the Chair and quorum is present, the Clerk shall call the
members to order and a Chair shall be chosen from among the members
of the Committee/Technical Support Group to preside during the meeting
or until the arrival of the Chair.
b) The Chair of a Committee/Technical Support Group may appoint another
member of the Committee to act as the Chair while he /she is temporarily
absent from the meeting.
8.0 CONDUCT
8.1 Conduct — Members of Council
Members of Council shall:
a) not disturb another, or the Council itself, by any disorderly deportment
disconcerting to any Member speaking.
not resist the rules of Council or disobey the decision of the Mayor /Head
of Council or Chair on questions of order or practice or upon the
interpretations of the rules of order of the Council.
c) not be permitted to retake his /her seat at any meeting after being ordered
by the Mayor /Head of Council or Chair to vacate after committing a breach
of any rule of order of the Council, without making apology and the
consent of the Council expressed by a majority vote of the other Members
present, determined without debate.
d) not leave his /her place on adjournment until the Mayor /Head of Council or
Chair leaves his /her chair.
e) not speak until he /she has addressed himself to the Mayor /Head of
Council or Chair.
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f) not walk across or out of the Chamber /designated meeting place or make
any noise or disturbance when the Mayor /Head of Council or Chair is
putting a question and shall occupy his /her seat while a vote is being
taken and until the result thereof is declared.
g)
not disclose any written or verbal information received at a meeting or part
of a meeting closed to the general public.
h) Where a member of Council has exhibited conduct, outside of the Council
Chambers, that is unbecoming of a Council member, Council may impose
sanctions and /or reprimands on that member of Council, in its sole
discretion, by a majority of members present.
i) declare where a pecuniary interest or possible pecuniary interest exists,
and shall not participate in the discussion of or vote on any question with
respect to the matter.
1)
convey the position of Council once a question has been decided,
including when a member had a minority opinion, while demonstrating
respect for democracy.
k) adhere to a dress code for Council Meetings as agreed to by the current
term of Council.
8.2 Conduct — Committees or Technical Support Group Appointees
Statement
Persons appointed to Township Committees or Technical Support Groups are
representatives of the Township and their conduct reflects on the Township and the
Council. Council expects that Appointees will perform their duties with a high standard
of personal and professional conduct, integrity, impartiality, good faith and in the best
interests of the Township.
The Township is committed to providing a safe and secure workplace that respects
human rights and is free from violence, discrimination, threats and harassment. The
Township will not tolerate any action or failure to act which results in violence,
discrimination, threat, harassment or a violation of the human rights of any employee, or
persons appointed to Committees or Technical Support Groups.
Principles of Conduct
a) All members of Committees or Technical Support Groups of the Council of
the Township of Oro - Medonte shall:
i) Promote the general goals, objectives and policies of the Township.
ii) Convey the position of the CommitteeiTechnical Support Group, and
Council once a question has been decided, including when a
member had a minority opinion, while demonstrating respect for
democracy.
iii) Not disclose any written or verbal information received at a meeting
or part of a meeting closed to the general public;
iv) Declare where a pecuniary interest or possible pecuniary interest
exists, and shall not participate in the discussion of or vote on any
question with respect to the matter;
v) Not discriminate or harass another member of Council, Committees,
Technical Support Groups, staff or public.
vi) Not benefit from the use of information acquired or used, and that is
not generally available to the public, during the course of their duties.
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vii) Council Appointees, their immediate family and family members
residing in their households may not sell goods, materials or services
to the Township without the express permission of the Chief
Administrative Officer.
viii) Not place themselves in a position where they could derive any
benefit or gain from any Township contracts, persons, groups,
companies or organizations with which the Township does business.
ix) Not accept gifts that are given in anticipation of special consideration
by the Township.
Consequences for Violations of Conduct
All reports of incidents shall be considered serious, will be investigated and appropriate
action will be taken, up to and including removal from the Township Committee or
Technical Support Group.
8.3 Conduct — Members of the Public
Members of the public shall respect the decorum of Council /Committee and shall
refrain from public outbursts; shouting; or behaviour intended to disrupt the
debate, discussion and /or general proceedings of Council /Committee. The
Mayor or Chair may request that a member or members of the public vacate the
meeting room if their behaviour is deemed to be disruptive to the business at
hand. The Mayor or Chair may unilaterally suspend the meeting until order is
restored in the meeting room.
9.0 RULES OF DEBATE
9.1 Rules of Debate — Head of Council /Chair
In directing the course of debate, the Head of Council /Chair shall:
a) designate the Member who has the floor when Members raise their hand
to speak.
b) preserve order and decide questions of order.
c) cause to be read all motions /recommendations presented in writing and
state all motions /recommendations presented verbally before permitting
debate on the question, except when otherwise provided in this by -law.
9.2 Rules of Debate — Members
In addressing the Council /Committee, no member shall:
a) speak disrespectfully of Her Majesty the Queen or any of the Royal
Family, or of the Governor - General, Lieutenant - Governor or any member
of the Senate, the House of Commons of Canada, or the Legislative
Assembly of Ontario.
b) use offensive, insulting or improper language in or against the
Council /Committee or any member thereof, employees of the Township or
citizens of the Township.
c) speak beside the question in debate.
d) speak against any decision of Council /Committee except for the purpose
of moving that the question be reconsidered or to bring forward a motion
to rescind or alter or amend the decision.
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e) disobey the rules of Council /Committee or a decision of the Head of
Council /Chair.
9.3 Rules of Debate — In Council /Committee
a) Every member when speaking to any question or motion shall respectfully
address the Mayor /Head of Council or Chair.
b) When a member is speaking, no other member shall pass between
him /her and the Chair, or interrupt him /her except to raise a point of order.
c) Any member may require the question or motion under discussion to be
read at any time during the debate, but not so as to interrupt a member
while speaking.
d) No member shall speak more than once, except as outlined in Section
9.3 e), until every member who desires to speak has spoken.
e) Upon verbal notification by the Mayor /Head of Council or Chair of their
intention to enforce the following time limits, no member shall speak to the
same question for longer than 2 (two) minutes. With the leave of the
Mayor /Head of Council or Chair, a supplementary question with a further 1
(one) minute, may be granted.
(i) A member may ask a question only for the purpose of obtaining
facts relevant to the matter under discussion and necessary for a
clear understanding thereof.
(ii) All questions shall be stated succinctly and questions shall not be
used as a means of making statements or assertions.
f) The Mayor /Head of Council or Chair may take part in any debate without
leaving the Chair.
10.0 VOTING
10.1 Voting — Head of Council
Notwithstanding Section 10.3 c), the Mayor /Head of Council (except where
disqualified from voting by reason of interest or otherwise) may vote with the
Members on all questions.
10.2 Voting — Chair of Committee or Technical Support Group of Council
Members of Council sitting as members of Committees or Technical Support
Groups of Council may not vote with the members of the committee /technical
support group on any question.
10.3 Voting on Questions
a) When the Mayor /Head of Council or Chair calls for the vote on a question,
each member shall occupy his /her seat and shall remain there until the
result of the vote has been declared by the Mayor /Head of Council or
Chair. During such time no member shall walk across the room or speak to
any other member or make any noise or disturbance.
b) After a question is finally put by the Mayor /Head of Council, Chair or
member, no Member shall speak to the question nor shall any other
motion be made until after the vote is taken and the result has been
declared.
Every member present at a meeting of the Council /Committee, when a
question is put, shall vote thereon, unless he /she has declared any
pecuniary interest, direct or indirect in the question.
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d) The manner of determining the decision of the Council /Committee on a
motion shall be by a "show of hands ".
e) Any motion shall require a majority of votes of the quorum present in order
to be valid and binding on Council /Committee.
10.4 Failure to Vote
Failure to vote by any member present, except when a member has declared a
pecuniary interest, shall be taken as a negative vote.
10.5 Appeal of Declaration of Result
If a member who has voted on a question disagrees with the declaration of the
Mayor /Head of Council or Chair that the question is carried, or lost, he /she may,
but only immediately after the declaration by the Mayor /Head of Council or Chair,
appeal the declaration. On an appeal of the declaration by a member, the
Mayor /Head of Council or Chair shall call for a recorded vote to be taken on the
question in the manner prescribed in Section 10.7 of this By -law.
10.6 Equality of Votes
Where a vote on a question results in an equality of votes, the result shall be
deemed to be negative.
10.7 Recorded Vote
a) When a member present requests, immediately prior to or immediately
subsequent to the taking of the vote, that the vote be recorded, each
member present, except a member who is disqualified from voting by any
Act, shall announce his /her vote openly.
b) The Mayor /Head of Council or Chair, immediately following the request for
a recorded vote, will put the question again.
c) All members present at the Council or Committee Meeting, unless
disqualified from voting by any Act, must vote in alphabetical order,
beginning with the member who has requested the recorded vote. The
Clerk shall call each member individually, record the member's vote, and
report the result of the vote to the Mayor /Head of Council or Chair.
d) The Mayor /Head of Council or Chair shall vote last.
10.8 Voting — Closed Session Meeting
a) Subject to Section 10.3, a meeting shall not be closed to the public during
the taking of a vote.
b) Notwithstanding Section 10.3, a meeting may be closed to the public
during the taking of a vote where:
i) Section 5.2 permits a meeting to be closed to the public; and
ii) The vote is for a procedural matter or for giving directions or
instructions to officers, employees or agents of the Township or
persons retained by or under contract with the Township.
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11.0 MOTIONS /RECOMMENDATIONS
11.1 Motions/Recommendations — General
a) Motions /recommendations, or notices thereof, shall be in writing, moved
and seconded.
b) Every motion /recommendation, when duly moved and seconded, shall be
received by the Mayor /Head of Council or Chair, and shall then be open
for discussion prior to the vote being taken. Immediately preceding the
taking of the vote, the Mayor /Head of Council or Chair, may state the
question in the form introduced and shall do so if required by a Member.
He /she shall state the question in the precise form in which it will be
recorded in the minutes.
c) The following matters may be introduced orally, without written notice, and
without leave:
(i) a point of order or personal privilege
(ii) presentations of petitions
(iii) a motion to suspend a rule of procedure or in compliance with a
rule of procedure
(iv) a motion to adjourn (not debatable)
(v) a motion that the vote now be taken
(vi) a motion to defer shall not be considered until every member who
desires to speak has spoken.
d) When the motion, under consideration, concerns two or more matters, a
vote on each matter, upon the request of any member, may be taken
separately.
e) A motion in respect of a matter which is beyond the jurisdiction of Council
shall not be in order.
f) A member shall speak to a motion in accordance with Section 9.3 — Rules
of Debate — In Council /Committee.
11.2 Withdrawal of a Motion
After a motion has been received and /or read by the Mayor /Head of Council or
Chair, it shall be deemed to be in the possession of the Council /Committee but
may be withdrawn by the mover, with the consent of the seconder, prior to
amendment or voting thereon.
11.3 Motion to Amend
A motion to amend:
a) shall be presented in writing.
b) shall be relevant to the question to be received.
c) shall not be received proposing a direct negative to the question.
d) shall receive disposition of Council /Committee prior to a decision on the
main question.
e) shall be disposed of in the reverse order of presentation to any further
amendment and /or the original motion.
f) shall not be further amended, more than once, provided that further
amendment may be made to the original motion.
g) may propose a separate and distinct disposition of a question.
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11.4 Notice of Motion
a) A motion to rescind or alter or amend a motion entered upon the minutes
shall be received or put only when notice of intention to introduce such
motion is given in accordance with Section 11.4 b).
b) Notice of motion requires the Member of Council to provide, at a minimum,
a brief verbal explanation of the matter and to provide the Mayor /Head of
Council with a written motion at a regularly scheduled meeting of Council.
Such motion shall be provided to Members in an agenda for consideration
by Council at its next regularly scheduled meeting.
11.5 Motion to Reconsider
After any question has been decided, the following shall prevail:
a) A motion to reconsider a question can only be made by a Member who
voted on the prevailing side, or a Member who was absent from the
meeting when the question was considered, and must be made on the day
the vote was taken or at the next succeeding regular meeting of Council.
b) No discussion, except that obtaining information that justifies the
reconsideration, shall be allowed until the motion for reconsideration is
decided upon.
c) No main motion may be reconsidered more than once, and may only be
reconsidered if action has not yet been taken.
12.0 AGENDA AND MINUTES
12.1 Council Agenda
a) The Clerk shall forward all notices and agendas, to each member of
Council, for regular meetings of Council a minimum of 48 hours in
advance of such meetings.
b) In accordance with the Township's Accountability and Transparency
Policy, additions to the agenda shall not be permitted, except when a
matter is of a time sensitive. In the event of a matter of a time sensitive
nature, the Member shall provide the matter to the Clerk, along with
justification as to why the matter is of a time sensitive nature, by noon on
the day of an evening meeting or noon of the day prior to a day meeting.
If the Clerk, Mayor /Head of Council and Chief Administrative Officer are
satisfied that the matter is of a time sensitive nature, and should not wait
until the next regular meeting, the Clerk shall add the matter to the agenda
on the Township's website in advance of the meeting. The matter will
then be included in the Adoption of the Agenda motion.
c) For the purpose of this section, a matter is deemed to be of a time
sensitive nature when it will negatively impact the health, safety and well-
being of persons, expose the municipality to liability, or negatively impact
the municipality's position in negotiation, if Council does not make a
decision and the Township does not act on the matter prior to Council's
next regular meeting.
d) When the Clerk's office has not been advised in a timely fashion to permit
a matter to be included on the agenda, and such matter does not meet the
definition of a matter of a time sensitive nature as defined in Section 12.1
c), the matter shall be referred to the appropriate staff member for
consideration prior to being brought forward for Council's consideration.
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e) The Order of the Day shall have preference during the Council meeting,
save and except that the Mayor /Head of Council may change the order at
any time during the meeting.
Order of the Dav
The business of Council shall be taken up in the following order:
1. Call to Order — Private Prayer /Moment of Reflection
2. Adoption of the Agenda
3. Disclosure of Pecuniary Interest
4. Closed Session Items
5. Minutes of Council and Committees
6. Recognition of Achievements
7. Public Meetings
8. Deputations
9. Identification from the Public of an Agenda Item of Interest
10. Reports of Municipal Officers
11. Reports of Members of Council
12.Consent Agenda
13. Communications
14. Notice of Motions
15. By -laws
16.Questions from the Public Clarifying an Agenda Item
17.Closed Session Items (Unfinished Items)
18. Confirmation By -law
19. Adjournment
12.2 Committee Agenda
a) The Clerk shall forward all notices and agendas, to each member of
Council and Committee, for regular Committee/Technical Support Group
meetings a minimum of 48 hours in advance of such meetings.
b) In accordance with the Township's Accountability and Transparency
Policy, additions to the agenda shall not be permitted, except when a
matter is of a time sensitive nature. In the event of a matter of a time
sensitive nature, the Member shall provide the matter to the Clerk, along
with justification as to why the matter is of a critical nature, by noon on the
day of an evening meeting or noon of the day prior to a day meeting. If
the Clerk, Chair and Chief Administrative Officer are satisfied that the
matter is of a time sensitive nature, and should not wait until the next
regular meeting, the Clerk shall add the matter to the agenda on the
Township's website in advance of the meeting. The matter will then be
included in the Adoption of the Agenda motion.
c) For the purpose of this section, a matter is deemed to be of a time
sensitive nature when it will negatively impact the health, safety and well-
being of persons, expose the municipality to liability, or negatively impact
the municipality's position in negotiation, if Committee does not make a
recommendation for Council's consideration at Council's next regular
meeting and the Township must act immediately upon Council's decision
at such meeting.
d) When the Clerk's office has not been advised in a timely fashion to permit
a matter to be included on the agenda, and such matter does not meet the
definition of a matter of a time sensitive nature as defined in Section
12.2c), the matter shall be referred to the appropriate staff member for
consideration prior to being brought forward for Committee's
consideration.
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a) In the event that a matter is addressed during a meeting, and no report,
memorandum or correspondence exist as background for the matter, it
shall be the responsibility of the member of Council /Committee or staff
member, who spoke to the matter, to provide, at a minimum, a written
record of speaking points to the Clerk's office within seven days of the
meeting.
b) Such written record shall be included in the agenda package for all open
session matters.
c) For closed session matters, such record shall be retained by the Clerk's
office, in a secure manner.
12.4 Announcements
a) Announcements of Interest to the Public are to be provided to the Clerk's
office by 4:30 p.m. on the Wednesday of the week before the meeting.
b) Upon receipt of the aforementioned announcements, the Clerk's Office shall
prepare a written record of the Announcements, which shall be included in the
Consent Agenda portion of the agenda for receipt.
12.5 Minutes — Council and Committee
The minutes of meetings of Council and Committee shall record, without note or
comment:
a) the place, date and time of meeting;
b) the names of those present;
c) disclosure of pecuniary interest and the nature thereof;
d) the fact of the holding of a closed meeting and the general nature thereof;
e) all resolutions /recommendations, decisions and proceedings of the
meeting.
13.0 PUBLIC MEETINGS /PUBLIC INFORMATION SESSIONS
a) Council, from time to time, may conduct Public Meetings or Public
Information Sessions for any purpose giving such notice as may be
deemed necessary or required by legislation or the Township's Notice
Policy.
b) Public Meetings required to fulfill a condition imposed by a decision of the
Township of Oro - Medonte Committee of Adjustment, in accordance with
the Planning Act, shall be conducted during a scheduled meeting of
Council.
c) Public Meetings required for an application, in accordance with the
Planning Act, shall be conducted during a scheduled meeting of Council,
or if deemed necessary by the Clerk, or designate, shall be conducted as
a separate meeting on a designated day.
d) All Public Meetings /Public Information Sessions shall be digitally recorded,
and such recording shall be available to the public through the Township
website.
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14.0 PETITIONS AND COMMUNICATIONS
a) Every communication, including a petition designed to be presented to the
Council /Committee and filed with the Clerk, shall be legibly written or
printed; shall not contain any obscene or improper matter or language;
shall be signed and dated by at least one person; and shall include an
address and telephone number where return correspondence or contact is
to be directed and shall become part of the public record of the meeting at
which it is received.
b) Petitions designed to be presented to the Council /Committee and filed
with the Clerk, shall contain original signatures, and all information on the
petition, including names, addresses and telephone numbers shall
become part of the public record of the meeting at which it is received.
c) Communications addressed to Mayor and Members of Council shall be
placed on a Council agenda for disposition, at the Clerk's discretion, in
consultation with the Mayor /Head of Council or Chair and Chief
Administrative Officer.
e) Every communication or petition, to be printed on an agenda, shall be
delivered to the Clerk no later than 4:30 p.m. on the Wednesday prior to
meeting. If, in the Clerk's opinion, the communication /petition is of a time
sensitive nature, the Clerk may bring forward such communication /petition
for Council /Committee consideration, after the aforementioned deadline.
15.0 DEPUTATIONS /DELEGATIONS
a) Council /Committee will entertain up to three (3) deputations /delegations
per meeting.
b) Persons desiring to present information verbally on matters of fact or
make a request of Council /Committee shall give notice, in writing on the
prescribed form, to the Clerk by 4:30 p.m. on the Wednesday of the week
prior to the preferred meeting, stating the purpose of the Deputation and
providing a general outline of the subject matter.
c) No additional deputations to Council will be permitted with respect to any
applications which have proceeded through a Public Meeting in
accordance with the Planning Act.
d) Council /Committee may, at its sole discretion, entertain deputations/
delegations with less notice as circumstances warrant. When determining
if a deputation /delegation will be heard with less notice than stipulated in
Section 15 b), consideration shall be given to the Township's
Accountability and Transparency Policy.
e) Deputations shall be limited in speaking to not more than ten (10) minutes.
f) A delegation wishing to appear before Council /Committee shall be limited
to no more than two (2) speakers with a total speaking time of not more
than ten (10) minutes.
g) Upon consent of the majority of Members present, the ten (10) minute
time limit for deputations /delegations may be extended.
h) Persons requesting to appear before Council /Committee shall be advised
of the time limitation in advance of their deputation.
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i) Specific types of audio visual equipment may be used to assist in
deputations /delegations to Council /Committee, provided that such
equipment has been requested from the Clerk at the time of the
deputation /delegation request. Deputation /delegation material must be
provide in an electronic format to the Clerk by 4:30 p.m. on the Monday
prior to the meeting date.
j)
The Chair of a Committee Meeting or Council Meeting may expel or
exclude from the meeting, any person who in the opinion of the Chair, has
behaved improperly.
k) Deputations /delegations appearing before Council /Committee with respect
to the same matter on the agenda will be requested to limit their
deputation so as not to repeat the same points.
1) Deputations /delegations to Council /Committee will be limited to one
appearance before Council /Committee with respect to the same matter.
m) Deputations /delegations to Council /Committee will be encouraged to
provide written copies of presentations.
n) No deputation /delegation shall:
i) Speak disrespectfully of any person;
ii) Use improper language or unparliamentary language;
iii) Speak on any subject other than the subject for which they have
received approval to address Council /Committee;
iv) Disobey the rules of procedure or a decision of the Chair of
Council /Committee.
o) Upon the completion of comments to Council /Committee by a
deputation /delegation, any discourse between the members of
Council /Committee and the deputation /delegation shall be limited to
members asking questions for clarification and obtaining additional,
relevant information only. Members of Council /Committee shall not enter
into debate with the deputation /delegation respecting their comments.
16.0 BY -LAWS
a) Every by -law shall be introduced upon motion by a Member of the Council,
specifying the title and number of the By -law.
b) Every by -law when introduced shall be in typewritten form and shall
contain no blanks except such as may be required to conform to accepted
procedure or to comply with provisions of any act and shall be completed
by the Clerk with the exception of the number and date thereof.
c) All amendments to any by -law approved by Council shall be deemed to be
incorporated into the by -law and if the by -law is enacted and passed by
the Council, the amendments shall be inserted therein by the Clerk.
d) Every by -law shall have three readings prior to it being passed.
e) The first, second and third readings of all by -laws listed on an agenda,
with the exception of the Confirmation By -law, shall be the subject of one
motion, unless a separate vote is requested by a Member of Council, or
deemed appropriate by the Clerk.
f) If Council so determines, a by -law may be taken as read.
g)
The Clerk shall set out on all by -laws enacted by Council the date of the
several readings thereof.
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h) Every by -law enacted by the Council shall be numbered and dated and
shall be sealed with the seal of the Corporation and signed by the Clerk
and the Mayor /Head of Council or Chair and shall be deposited by the
Clerk in the office for safekeeping.
i) By -laws approved in accordance with this Procedural By -law will be
available on the Township's website once signed by the Mayor /Chair and
Clerk.
17.0 CONFIRMATION BY -LAW
a) There shall be enacted a by -law at the end of each Council Meeting to
confirm each recommendation contained in a Report of the Committee of
Council and, in respect of each motion, resolution and other actions
passed and taken by the Council at the meeting, except where the prior
approval of the Ontario Municipal Board or any other body or agency is
required.
b) A motion for leave to pass a by -law to confirm the proceedings of a
meeting of Council shall be voted on without debate.
18.0 SUSPENSION /AMENDMENT OF PROCEDURE
a) Any procedure required by this by -law may be suspended with consent by
a 2/3 vote of the Members of the Council present.
b) No amendment or repeal of this By -law or any part thereof shall be
considered at any meeting of the Council unless notice of proposed
amendment or repeal has been given at a previous regular meeting of the
Council. The waiving of this notice by the Council is prohibited.
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THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -020
A By -law to Provide for Remuneration and Expenses for
Members of Council and Council's Appointees to Local Boards and
Committees/Technical Support Groups, and Expenses for Employees, and to
Repeal By -law Nos. 2011 -012 and 2012 -156
WHEREAS Section 283 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality may pay any part of the remuneration and expenses of the
Members of Council of the municipality and of the officers and employees of the
municipality;
AND WHEREAS Council deems it expedient to pass a By -law to provide for the
remuneration and expenses of Members of Council and Council's Appointees to Local
Boards and Committees/Technical Support Groups and for expenses for employees;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That Schedules "A ", "B" and "C" attached hereto form part of this By -law.
2. That By -law Nos. 2011 -012 and 2012 -156 are hereby repealed.
3. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 6TH DAY
OF MARCH, 2013.
THE COR - ' RR ION OF THE TOWNSHIP OF ORO- MEDONTE
Ott
ayor, H.S. Hui es
Deputy Clerk, Janette Teeter
Page 25 of 158
4b)
Marie Brissette, Committee Coordinator, re:
• Township'...
Schedule "A"
to By -law No. 2013 -020
REMUNERATION OF COUNCIL MEMBERS
1. The annual remuneration for Members of Council for 2013 shall be:
Mayor $ 29,929
Deputy Mayor $ 23,936
Councillors $ 18,662
•
•
•
•
2. That the annual remuneration for Members of Council shall be subject to an annual
escalation factor of the lessor of:
• The annual rate of inflation being the increase in the Consumer Price Index
(CPI) for the prior year; or
• The cost of living adjustment stipulated for the current year in the collective
agreement; or
• The cost of living adjustment provided to bargaining unit excluded staff for the
current year.
3. That pursuant to S.283(7) of the Municipal Act, Council resolved that the one -third of
the remuneration paid to elected members of Council shall continue as expenses
incident to the discharge of their duties as members of Council for the 2010 -2014
term, as documented in Motion No. CW110119 -7.
4. Members of Council shall receive, in addition to their annual remuneration, per diem
payments as follows:
• $ 80.00 for each half day or evening meeting
• $ 160.00 for each full day meeting
5. The per diem stipulated in Section 4 shall exclude the following:
5.1 Attendance at meetings of Council, including Special meetings, as defined in the
Procedural By -law;
5.2 Attendance at a function for the purpose of presenting Congratulatory
Certificates on behalf of the Township; and
5.3 Attendance at special functions /events where the Township has purchased a
ticket for the Member, such as Awards Dinners, etc.
6. The per diem stipulated in Section 4 shall apply to the following:
6.1 Attendance at Public Meetings /Public Information Sessions, as defined in the
Procedural By -law, when such meetings are conducted as a separate meeting
on a designated day;
6.2 Attendance at meetings of local boards, committees /technical support groups or
special Ad -Hoc committees to which the Member of Council has been appointed
by resolution of Council, unless specified otherwise in a resolution of Council;
6.3 Attendance at conferences, conventions and seminars as authorized by
resolution of Council;
6.4 Attendance at special meetings required for a specific purpose relative to
municipal business, including interview committees, and authorized by resolution
of Council;
6.5 Attendance by the Mayor, or his /her designate, at business functions as
representatives of the municipality, including the Mayor in his /her capacity as ex-
officio, or his /her designate, in an ex- officio capacity;
6.6 Attendance at non - committee /technical support group meetings where the
Members of Council's attendance has been authorized by resolution of Council.
Page 26 of 158
4b)
Marie Brissette, Committee Coordinator, re:
• Township'...
Schedule "B"
to By -law No. 2013 -020
REMUNERATION OF PUBLIC MEMBERS OF LOCAL BOARDS &
COMMITTEES/TECHNICAL SUPPORT GROUPS
1. The Public Members of the:
• Accessibility Advisory Committee
• Heritage Committee
• Recreation Technical Support Group
shall receive per diem payments as follows:
• $ 45.00 for each half day or evening meeting
• $ 90.00 for each full day meeting
2. The Public Members of the:
• Committee of Adjustment
• Compliance Audit Committee
shall receive per diem payments as follows:
• $ 80.00 for each half day or evening meeting
• $ 160.00 for each full day meeting
3. The per diem stipulated in Sections 1 and 2 of this Schedule shall apply to the
following:
•
3.1. Attendance at meetings of the local board or committee /technical support
group;
3.2. Attendance at conferences, conventions and seminars as authorized by
resolution of Council;
3.3. Attendance at special meetings required for a specific purpose relative to
municipal business and authorized by resolution of Council.
4. Committee of Adjustment public members who undertake site visits shall do so on
their own accord, without per diem. Committee of Adjustment public members who
wish to undertake a site visit must contact the applicant directly to obtain
permission to enter the property at a mutually convenient time, pursuant to Motion
No. C110202-13.
5. The above per diems including per - kilometer payments shall be paid on a semi-
annual basis, upon submission of a statement approved by the respective Senior
Manager.
Page 27 of 158
4b)
Marie Brissette, Committee Coordinator, re:
. Township'...
Schedule "C"
to By -law No. 2013 -020
EXPENSES FOR MEMBERS OF COUNCIL, COUNCIL'S APPOINTEES TO LOCAL
BOARDS & COMMITTEES AND EMPLOYEES
1. PER KILOMETER PAYMENTS
•
•
•
•
1.1 The municipality shall compensate Members of Council, Council's Appointees
to Local Boards & Committees/Technical Support Groups and employees at
the rate of $.515 per kilometer for the use of non - township owned vehicles.
1.1.1 That the per kilometer rate will be adjusted on July 1St each year to
$0.055 below the Canada Revenue Agency (CRA) rate for Ontario for
the previous year.
1.2 Members of Council shall receive a per - kilometer payment, in addition to the
applicable per diem, for travel from their residence and back to attend
meetings, conferences, conventions and seminars stipulated in Section 6 of
Schedule "A ", upon submission of mileage statements on a quarterly basis.
1.2.1 Members of Council shall receive a per - kilometer payment for travel
from their residence and back to attend meetings stipulated in Section
5.1 of Schedule "A ", upon submission of mileage statements on a
quarterly basis.
1.2.2 The Mayor, or his /her designate, and/or the appropriate Ward Councillor
shall receive a per - kilometer payment for travel from their residence and
back to attend a function for the purpose of presenting Congratulatory
Certificates on behalf of the Township stipulated in Section 5.2 of
Schedule "A ", upon submission of mileage statements on a quarterly
basis.
1.3 Members of local boards & committees /technical support groups shall receive a
per - kilometer payment for travel from their residence and back to attend
meetings, conferences, conventions and seminars stipulated in Section 3 of
Schedule "B ".
1.3.1 Committee of Adjustment public members who undertake site visits, as
stipulated in Section 4 of Schedule "B ", shall receive a per - kilometer
payment for travel from their residence and back.
1.4 Township employees shall receive a per - kilometer payment for each kilometer
driven in a non - township owned vehicle while on Township business.
2. LUNCHEON & DINNER MEETINGS
2.1 The municipality shall be responsible for the cost of Council or Committee
luncheon /dinner meetings when such meetings are called by Council or the
Committee concerned.
2.2 Council members and Senior Staff shall have the discretion to invite visitors for
lunch or dinner in connection with Township business and such expense shall
be borne by the Township.
3. CONFERENCES, CONVENTIONS, SEMINARS AND MEETINGS
3.1 Attendance at conferences, conventions, seminars and meetings shall be pre -
authorized by Council resolution or in accordance with Township policy.
3.2 The following expenses shall be paid:
i) Hotel /Motel accommodation - actual cost
ii) Parking - actual cost
iii) Registration - actual cost
iv) Meals and incidental expenses - actual cost to a maximum of $100 /day
v) The municipality will provide registration for a double room, when a spouse
is attending an approved conference, convention or seminar.
Page 28 of 158
4b)
Marie Brissette, Committee Coordinator, re:
. Township'...
Schedule "C"
to By -law No. 2013 -020 (continued)
4. ADVANCES
•
•
•
•
4.1 The Treasurer shall have the authority to furnish advances to meet estimated
expenses for those authorized to attend conferences, conventions and
seminars.
5. EXPENSE STATEMENTS
5.1 Statements for expenses shall be submitted to the Treasurer for actual cost of
items in a form recommended by the Treasurer.
Page 29 of 158
4b)
Marie Brissette, Committee Coordinator, re:
. Township'...
TOWNSHIP OF ORO- MEDONTE
EMPLOYEE CONFIDENTIALITY STATEMENT
, as an employee of the Corporation of the Township of Oro - Medonte.
I HEREBY ACKNOWLEDGE AND UNDERSTAND the following:
THAT the Municipal Freedom of Information and Protection of Privacy Act requires administrative,
technical and physical safeguards to ensure the security and confidentiality of records and personal
information under the control of the Corporation of the Township of Oro - Medonte.
THAT Ontario Regulation 823 requires the Township of Oro - Medonte to take reasonable precautions to
ensure the security of personal information and confidential records in its possession.
THAT my job description requires me to maintain the security and confidentiality of records and personal
information to which I may become privy or to which I may have access.
ACKNOWLEDGE AND UNDERSTAND THAT in the course of my employment, I may have access to
and may be privy to records containing confidential information and /or personal information.
HEREBY AGREE to exercise my right to access and use such confidential information solely for the use
and purposes for which I was given such access, to hold such information confidential and, except as
may be legally required, will not disclose or release it to any person at any time without proper consent or
authorization.
1 FURTHER AGREE to take appropriate security measures to prevent unauthorized access to confidential
records and personal information which may come into my care and control.
1 FURTHER ACKNOWLEDGE AND UNDERSTAND THAT my undertaking to maintain the confidentiality
of records and personal information applies during the course of my employment with the Township of
Oro - Medonte and survives the separation of my employment for any reason at any time in the future.
DATED at the Township of Oro - Medonte, this day of , 20
Human Resources Employee Signature
•
•
•
Page 30 of 158
4b)
Marie Brissette, Committee Coordinator, re:
AMENDED
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW 2013 -017
A By -law to Establish a Heritage Committee
(Heritage Committee)
WHEREAS Section 28 of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 as
amended, herein referred to as the "Act ", provides that the council of a municipality
may by by -law establish a municipal heritage committee to advise and assist the council
on matters relating to Parts IV and V and such other heritage matters as the council
may specify by by -law;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte
deems it desirable to establish a Heritage Committee;
NOW THEREFORE the Council of The Corporation of the Township of Oro -
Medonte enacts as follows:
1. That a Heritage Committee is hereby established for the Township of Oro - Medonte
and such committee shall be known as the Oro - Medonte Heritage Committee.
2. That the purpose of the Oro - Medonte Heritage Committee shall be to advise and
assist Council and staff in matters related to cultural heritage resource conservation
including public awareness of heritage, heritage planning and Heritage Act
designation located within the Township.
3. The mandate of the Oro - Medonte Heritage Committee shall be to provide
suggestions and advice on matters pertaining to heritage, specifically:
3.1.To act as an advisory body to Council. Recommendations shall be forwarded
to Council for consideration.
3.2,Oro African Methodist Episcopal Church, National Historic Site
3.2.1. Advise Council on the maintenance of the Oro African Methodist
Episcopal Church — National Historic Site in accordance with Parks
Canada's Guiding Principles and Operational Policy — Part III.
3.2.2. Co- ordinate volunteers to make the Oro African Methodist Episcopal
Church - National Historic Site available for public visitation for its
established hours and special events.
3.3. Artifacts and archival documentslmaterials
3.3.1. To provide recommendations with respect to artifacts and archival
documents/materials currently held by the Township.
3.4.Heritage Register
3.4 -1. Pursuant to Section 27 of the Act, on behalf of the Clerk, keep a register
of property situated in the municipality that is of cultural heritage value or
interest.
3.4 -2. Consult with and recommend to Council regarding the inclusion of a
property in the register.
3.4.3. Consult with and recommend to Council regarding the removal of a
property from the register.
• Township'...
•
•
Page 31 of 158
4b)
Marie Brissette, Committee Coordinator, re:
3.5.Public Education
3.5.1. Provide public education and promote awareness and conservation of
Oro - Medonte's cultural heritage.
3.6.Planning Matters
3.6.1. Provide advice, as requested, in accordance with the Township of Oro -
Medonte's Official Plan on Planning Act applications.
3.7.Conservation of Property and Heritage Conservation Districts
3.7.1. Consult with and recommend to Council pursuant to Part IV —
Conservation of Property of Cultural Heritage Value or Interest and Part
V — Heritage Conservation Districts of the Ontario Heritage Act.
3.7.2. Pursuant to Section 38 of the Act, all members of the Oro - Medonte
Heritage Committee are authorized to conduct inspections, where such
members have been directed by Council, or staff.
4. Upon appointment, the Oro - Medonte Heritage Committee shall develop a Strategic
Work Plan for the term, and shall submit same for Council's consideration. The
Strategic Work Plan shall encompass how the Oro - Medonte Heritage Committee
will address the various components of its mandate, and may recommend other
initiatives for Council's consideration. The Strategic Work Plan shall support
Council's current Strategic Plan.
5. On behalf of the Township of Oro - Medonte, the Oro - Medonte Heritage Committee
shall maintain affiliated membership with the Simcoe County History Association,
National Historic Sites Alliance of Ontario, and any other associations and agencies
as approved by Council
6. That the following persons shall be appointed as members of the Oro - Medonte
Heritage Committee for the term of the Council that appointed them or until their
successors are appointed. Where a member ceases to be a member before the
expiration of his or her term, Council may appoint another eligible person for the
unexpired portion of the term:
6.1. Five (5) Members of the Public
6.2.Two (2) Members of Council (1 Chair and 1 Vice - Chair)
6.3. Mayor (ex- officio)
7. Council shall strive to maintain a minimum of one (1) public member in transitioning
between terms to provide continuity. Public members shall not serve more than two
(2) consecutive terms.
8. Council shall appoint the Chair and Vice -Chair of the Oro - Medonte Heritage
Committee. The Council members appointed to the Oro - Medonte Heritage
Committee shall be non - voting members.
9. The Oro - Medonte Heritage Committee shall endeavor to meet monthly, with the
exception of July and August.
10.The Township of Oro - Medonte's Procedural By -law shall govern the proceeds and
activities of the Oro - Medonte Heritage Committee.
Township'...
•
Page 32 of 158
4b)
Marie Brissette, Committee Coordinator, re:
• Township'...
11.The persons appointed to the Oro - Medonte Heritage Committee shall be paid such
remuneration as outlined in the Remuneration By -law.
Notwithstanding the above, any person providing assistance with the
operation of the Oro African Methodist Episcopal Church - National
Historic Site or with special events shall be on a volunteer basis, with no
remuneration.
12.The Director of Recreation & Community Services, or his/her designate, shall be
the staff liaison to the Heritage Committee.
13.That this By -law shall take force and effect upon final passage hereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH
DAY OF FEBRUARY, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
/
474
T
. ,,.
, ,... 1 1 r ,-
„. i
L ,■
II
Page 33 of 158
/1�\
.=/
Marie Brissette, Committee Coordinator, re:
w Township '...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW 2013-096
A By-law ov Amend By-law No. ou1o*1r.
A By-law »o Establish aHeritage Committee
(Heritage Committee)
WHEREAS Section 28 of the Ontario Heritage Act, R.S.O. 1990. Chapter 0.18 as
amenued, herein referred to as the "Act^, provides that the council ova municipality
may by by-law establish a municipal heritage committee to advise and assist the council
on matters relating to Parts wand V and such other heritage matters as the council
may specify by by-Iaw;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
did on the 13m day of February 2013. enact By-law No. 2013'017. A By-law to
Establish a Heritage Committee;
NOW THEREFORE the Council of The Corporation of the Township of Oro-
Medonte enacts as follows:
1. That Section 6.1 of By-law No. 2013'017 be amended by deleting "Five (5)
Members of the Public" and adding "Nine (9) Members of the Public".
2. That this By-law shall take force and effect upon final passage hereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 5TH DAY
OF JUNE, 2013.
THE COR 0 ml OF THE TOWNSHIP OF ORO-MEDONTE
Page 34 of 158
4b)
Marie Brissette, Committee Coordinator, re:
. Township'...
Township of
V I
Proud Heritage, Exciting Future
, have been appointed to the
Oro - Medonte Heritage Committee, and acknowledge and accept the per diem of:
• $ 45.00 for each half day or evening meeting
• $ 90.00 for each full day meeting
Note: Per the Township's Procedural By -law, a meeting lasting 4 hours or less shall be
deemed to be a "half day" meeting.
In addition, I also acknowledge and accept that this is a working committee where time
that is spent independent of the activities identified in the Township's Remuneration By-
law will not be eligible for remuneration.
I also acknowledge and accept the Conduct of Committees or Technical Support Group
Appointees, per the Township's Procedural By -law, which states:
Statement
Persons appointed to Township Committees or Technical Support Groups are
representatives of the Township and their conduct reflects on the Township and the
Council. Council expects that Appointees will perform their duties with a high standard
of personal and professional conduct, integrity, impartiality, good faith and in the best
interests of the Township.
The Township is committed to providing a safe and secure workplace that respects
human rights and is free from violence, discrimination, threats and harassment. The
Township will not tolerate any action or failure to act which results in violence,
discrimination, threat, harassment or a violation of the human rights of any employee, or
persons appointed to Committees or Technical Support Groups.
Principles of Conduct
a) All members of Committees or Technical Support Groups of the Council of
the Township of Oro - Medonte shall:
i) Promote the general goals, objectives and policies of the Township.
148 Line 7south, Box 100 P: (705) 487 -2171
Oro, Ontario LOL 2X0 F: (705) 487 -0133
,v„,,,Tw.oro- medonte. ca
Page 35 of 158
4b)
Marie Brissette, Committee Coordinator, re:
. Township'...
-4,411A44.&
Proud Heritage, Exciting Future
ii) Convey the position of the Committee /Technical Support Group, and
Council once a question has been decided, including when a
member had a minority opinion, while demonstrating respect for
democracy.
iii) Not disclose any written or verbal information received at a meeting
or part of a meeting closed to the general public;
iv) Declare where a pecuniary interest or possible pecuniary interest
exists, and shall not participate in the discussion of or vote on any
question with respect to the matter;
v) Not discriminate or harass another member of Council, Committees,
Technical Support Groups, staff or public.
vi) Not benefit from the use of information acquired or used, and that is
not generally available to the public, during the course of their duties.
vii) Council Appointees, their immediate family and family members
residing in their households may not sell goods, materials or services
to the Township without the express permission of the Chief
Administrative Officer.
viii) Not place themselves in a position where they could derive any
benefit or gain from any Township contracts, persons, groups,
companies or organizations with which the Township does business.
ix) Not accept gifts that are given in anticipation of special consideration
by the Township.
Consequences for Violations of Conduct
All reports of incidents shall be considered serious, will be investigated and appropriate
action will be taken, up to and including removal from the Township Committee or
Technical Support Group.
Signature Date
148 Line 7south, Box 100 P: (705) 487 -2171
Oro, Ontario LOL 2X0 F: (705) 487 -0133
www oro- medonte. ca
Page 36 of 158
4c) Councillors Crawford and Coutanche, Shawn Binns, Dir...
F .unship nt f �/��V�dozi e
Proud Heritage, Exciting Future
Name:
Item Number /Name:
Meeting Date:
Motion No.:
Type of Meeting:
Speaking Notes:
Verbal Matters
(Section 12.3 of Township's
Procedural By -Law No. 2011 -011)
Councillors Crawford and Coutanche
4c) History of Oro - Medonte History Committee
06 10 2013
H C 130610 -4
X
Council
Committee of Adjustment
Heritage Committee
Special Council
Accessibility Advisory Committee
• The Councillors and Director reviewed the past structure of the History Committee,
which included both a Committee and Association structure. They also reviewed the
various types of reporting structures used.
6/12/13
Page 37 of 158
4d) Ontario Heritage Act.
Ontario Heritage Act, R.S.O. 1990, c. 0.18 Page 1 of 72
Ontario
Francais
ServiceOntario
claws
Ontario Heritage Act
R.S.O. 1990, CHAPTER 0.18
Consolidation Period: From December 15, 2009 to the e -Laws currency date.
Last amendment: 2009, c. 33, Sched. 11, s. 6.
SKIP TABLE OF CONTENTS
CONTENTS
1. Definitions
PART I
HERITAGE CONSERVATION, PROTECTION AND PRESERVATION
2. Administration of Act
3. Employees
PART II
ONTARIO HERITAGE TRUST
4. Definition, Part II
5. Ontario Heritage Trust
6. Non - application of Corporations Act
7. Objects of Trust
8. By -laws
9. Powers of Trust
10. Further powers of Trust
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
23.1 Transition
PART III
CONSERVATION REVIEW BOARD
24. Review Board
24.1 Protection from personal liability
25. Expenditures
25.1 OMB hearings
PART III.1
STANDARDS AND GUIDELINES FOR PROVINCIAL HERITAGE PROPERTIES
25.2 Heritage standards and guidelines
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Page 38 of 158
4d) Ontario Heritage Act.
Ontario Heritage Act, R.S.O. 1990, c. 0.18 Page 2 of 72
25.3 Application
PART IV
CONSERVATION OF PROPERTY OF CULTURAL HERITAGE VALUE OR INTEREST
DEFINITIONS AND APPLICATION
26. Definition
26.1 Application
REGISTER AND MUNICIPAL HERITAGE COMMITTEE
27. Register
28. Municipal heritage committee
DESIGNATION OF PROPERTIES BY MUNICIPALITIES
29. Designation by municipal by -law
30. Effect of notice of designation
30.1 Amendment of designating by -law
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 Appeal to Board
34.2 Transition, appeal to Board
34.3 Repeal of by -law designating property
34.4 Transition
DESIGNATION OF PROPERTIES BY MINISTER
34.5 Designation by Minister
34.6 Designation process
34.7 Effect of notice of designation
34.8 Repeal of order, Minister's initiative
34.9 Repeal of order, owner's initiative
GENERAL
35. Notice of change of ownership
35.1 Conflict
35.2 Stop order
35.3 Building standards by -law
36. Purchase or lease by -laws
37. Easements
38. Inspection
39. Grants and loans
PART V
HERITAGE CONSERVATION DISTRICTS
39.1 Definition
39.1.1 Application
39.2 Register
40. Area study
40.1 Designation of study area
41. Designation of heritage conservation district
41.1 Heritage conservation district plans
41.2 Consistency with heritage conservation district plan
42. Erection, demolition, etc.
45. Application, ss. 36 to 39
45.1 Building standards by -law
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.
51.1 Appointment of inspectors
51.2 Inspection
51.3 Report by inspector
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
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Page 39 of 158
4d) Ontario Heritage Act.
Ontario Heritage Act, R.S.O. 1990, c. 0.18 Page 3 of 72
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. Reports
65.1 Provincial register
66. Artifacts may be held in trust
PART VII
GENERAL
67. Service
67.1 Pre - hearing conference
68. Designation under public or private Acts
68.2 Non - application
68.3 No compensation
69. Offences and restoration costs
70. Regulations
Definitions
L 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 ")
"heritage attributes" means, in relation to real property, and to the buildings and structures
on the real property, the attributes of the property, buildings and structures that
contribute to their 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; ( "municipalite ")
"owner" means the person registered on title in the proper land registry office as owner;
( "proprietaire ")
"permit" means a permit issued under this Act; ( "permis ")
"person" includes a municipality; ( "personne ")
"regulations" means the regulations made under this Act; ( "reglements ")
"Review Board" means the Conservation Review Board; ( "Commission de revision ")
"Trust" means the Ontario Heritage Trust continued under section 5. ( "Fiducie ") R.S.O.
1990, c. 0.18, s. 1; 1993, c. 27, Sched.; 2002, c. 17, Sched. F, Table; 2002, c. 18,
Sched. F, s. 2 (1, 2); 2005, c. 6, s. 2.
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4d) Ontario Heritage Act.
Ontario Heritage Act, R.S.O. 1990, c. 0.18 Page 4 of 72
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. 0.18, s. 2.
Employees
3. Such employees as are considered necessary for the administration of this Act may
be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C,
s. 99.
PART II
ONTARIO HERITAGE TRUST
Definition, Part II
4. In this Part,
"property" means real and personal property. R.S.O. 1990, c. 0.18, s. 4.
Ontario Heritage Trust
5. (1) The Ontario Heritage Foundation is continued as a corporation without share
capital under the name Ontario Heritage Trust in English and Fiducie du patrimoine ontarien
in French. 2005, c. 6, s. 4 (1).
Composition of Trust
The Trust 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. 0.18, s. 5 (2);
1997, c. 34, s. 2; 2005, c. 6, s. 1.
Board to manage affairs of Trust
al The board of directors shall manage and conduct the affairs of the Trust. R.S.O.
1990, c. 0.18, s. 5 (3); 2005, c. 6, s. 1.
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. R.S.O.
1990, c. 0.18, s. 5 (4).
Term of office
(5) A director may be appointed for a term not exceeding three years and may be
reappointed for successive terms not exceeding three years each. 2005, c. 6, s. 4 (2).
Quorum
A majority of the directors constitutes a quorum. R.S.O. 1990, c. 0.18, s. 5 (6).
Vacancy
El 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. 0.18, s. 5
(7); 1993, c. 27, Sched.
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Non - application of Corporations Act
6. The Corporations Act does not apply to the Trust. R.S.O. 1990, c. 0.18, s. 6; 2005,
c. 6, s. 1.
Objects of Trust
7. The objects of the Trust 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, natural and scenic interest;
(e) to conduct research, educational and communications programs necessary for
heritage conservation, protection and preservation. R.S.O. 1990, c. 0.18, s. 7; 2005,
c. 6, ss. 1, 5.
By -laws
8. (1) The directors of the Trust may make such by -laws as are necessary for,
(a) the administration of the Trust;
(b) the establishment, appointment and condition of membership therein; and
(c) any other matter necessary for carrying out the objects of the Trust. 2005, c. 6, s. 6.
Same
With the approval of the Minister, the directors of the Trust may make by -laws
establishing such honorary offices as they consider desirable and appointing persons to the
offices. 2005, c. 6, s. 6.
Powers of Trust
9. The Trust may advise and make recommendations to the Minister on any matter
relating to property of historical, architectural, archaeological, recreational, aesthetic, natural
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. 0.18, s. 9; 2005, c. 6, ss. 1, 7.
Further powers of Trust
10. (1) The Trust may, in accordance with the policies and priorities determined by the
Minister for the conservation, protection and preservation of the heritage of Ontario,
(a) receive and acquire by purchase, donation, lease, public subscription, grant, bequest
or otherwise, property of historical, architectural, archaeological, recreational,
aesthetic, natural and scenic interest for the use, enjoyment and benefit of the
people of Ontario;
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(b) hold, preserve, maintain, reconstruct, restore, manage and lease for a term of five
years or less property described in clause (a) for the purposes described in that
clause;
(c) enter into agreements, covenants and easements with owners of real property or
interests in real property for the conservation, protection and preservation of the
heritage of Ontario;
(d) borrow money for the purpose of carrying out the objects of the Trust where a
guarantee is provided under section 18;
(e) 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;
(f) enter into agreements with prospective donors, subject to any conditions governing
the use of property;
(g) enter into agreements with persons respecting any matter within the objects of the
Trust, and provide financial assistance by way of grant or loan to persons who are
parties to such agreements for the purpose of,
(i) providing educational, research and communications programs,
(ii) maintaining, restoring and renovating property, and
(iii) providing for the management, custody and security of property;
(h) invest its funds, and sections 26 to 30 of the Trustee Act apply, with necessary
modifications, to the investment of those funds;
(i) engage the services of experts and other persons;
(j) undertake programs of research 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 property, place markers, signs, cairns or other
interpretive facilities in or on the property for the interest and guidance of the
public;
(1) provide assistance, advisory services and training programs to individuals,
institutions, agencies and organizations in Ontario having similar aims and
objectives as the Trust. 2009, c. 33, Sched. 11, s. 6 (1).
Minister's approval for sale of Trust property
al The Trust may, 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, dispose of property by sale, by lease for a term of more than five
years or by any other manner and execute any deeds or other instruments as may be required
to effect the disposal, subject to the terms of any trust in connection with the property. 2009,
c. 33, Sched. 11, s. 6 (1).
Minister's right to exercise Trust's powers
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Despite subsections (1) and (2), the Minister may exercise any of the powers of the
Trust referred to in subsections (1) and (2) if, in the Minister's opinion, it is necessary in order
to ensure the carrying out of the intent and purpose of this Act. 2009, c. 33, Sched. 11, s. 6 (1).
Crown agency
11. (1) The Trust 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. R.S.O. 1990, c. 0.18, s. 11 (1); 2005, c. 6, s. 1.
Property
Property acquired by the Trust 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 Trust. R.S.O. 1990, c. 0.18, s. 11 (2); 2005, c. 6, s. 1.
General fund
12. (1) The Trust 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. R.S.O. 1990, c. 0.18, s. 12 (1); 2005, c. 6, s. 1.
Operating expenditures
(2) The Trust 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 Trust and to defray any expenses in connection therewith. R.S.O. 1990,
c. 0.18, s. 12 (2); 2005, c. 6, s. 1.
Reserve fund
13. (1) The Trust shall maintain a reserve fund, which shall consist of money received
by the Trust expressly for allocation thereto. R.S.O. 1990, c. 0.18, s. 13 (1); 2005, c. 6, s. 1.
Income
The income of the reserve fund, or any part thereof, may be paid into and form part
of the general fund. R.S.O. 1990, c. 0.18, s. 13 (2).
Capital expenditures
The Trust shall not expend any of the capital of its reserve fund, except for
investment under clause 10 (1) (h), without the consent of the Lieutenant Governor in
Council. R.S.O. 1990, c. 0.18, s. 13 (3); 2005, c. 6, s. 1; 2009, c. 33, Sched. 11, s. 6 (2).
No remuneration for board members
14. (1) The members of the board of directors of the Trust shall serve without
remuneration but they shall be reimbursed for proper and reasonable travelling and other
expenses incurred in the work of the Trust. 1997, c. 34, s. 3; 2005, c. 6, s. 1.
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 Trust
for any service provided to the Trust or pursuant to any contract with the Trust. 1997, c. 34,
s. 3; 2005, c. 6, s. 1.
Exemption from taxation
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15. The Trust, 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 Trust while leased under
clause 10 (1) (b) and subsection 10 (2) to a person or organization not registered as a
charitable organization under the Income Tax Act (Canada). R.S.O. 1990, c. 0.18, s. 15; 2004,
c. 16, Sched. D, Table; 2005, c. 6, s. 1; 2009, c. 33, Sched. 11, s. 6 (3).
Audit
16. The accounts and financial transactions of the Trust shall be audited annually by the
Auditor General. R.S.O. 1990, c. 0.18, s. 16; 2004, c. 17, s. 32; 2005, c. 6, s. 1.
Grants
17. The Minister may make grants to the Trust 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. 0.18, s. 17; 2005, c. 6, s. 1.
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 Trust, or any part thereof,
together with interest thereon, borrowed for the purpose of carrying out the objects of the
Trust. R.S.O. 1990, c. 0.18, s. 18; 2005, c. 6, s. 1.
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. 0.18, 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. 0.18, s. 20.
Annual report and other reports
21. (1) The Trust shall make a report annually to the Minister upon the affairs of the
Trust, 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. R.S.O.
1990, c. 0.18, s. 21 (1); 2005, c. 6, s. 1.
Reports
The Trust shall make such further reports to the Minister as the Minister from time
to time may require. R.S.O. 1990, c. 0.18, s. 21 (2); 2005, c. 6, s. 1.
Easements and covenants
22. (1) Any easement or covenant entered into by the Trust may be registered against
the real property affected in the proper land registry office. R.S.O. 1990, c. 0.18, s. 22 (1);
2005, c. 6, s. 1.
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Idem
al 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 Trust 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 Trust 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. 0.18, s. 22 (2); 2005, c. 6, s. 1.
Assignment
(3) Any easement or covenant entered into by the Trust 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 Trust and it
owned no other land which would be accommodated or benefited by such easement or
covenant. R.S.O. 1990, c. 0.18, s. 22 (3); 2005, c. 6, s. 1.
Conflict
Where there is a conflict between an easement or covenant entered into by the Trust
and section 33 or 34, the easement or covenant shall prevail. R.S.O. 1990, c. 0.18, s. 22 (4);
2005, c. 6, s. 1.
Register
23. The Trust shall keep a register and shall enter in the register particulars of,
(a) all properties designated under Parts IV and VI;
(b) all heritage conservation districts designated under Part V; and
(c) any other properties that in the opinion of the Minister are of cultural heritage value
or interest. 2005, c. 6. s. 9.
Transition
23.1 Any reference to the Ontario Heritage Foundation in any Act, regulation,
agreement or document in effect immediately before the day the Ontario Heritage
Amendment Act, 2005 receives Royal Assent shall be deemed to be a reference to the Ontario
Heritage Trust. 2005, c. 6. s. 10.
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 five persons appointed by the Lieutenant Governor
in Council. R.S.O. 1990, c. 0.18, s. 24 (1); 2005, c. 6, s. 11 (1).
al Repealed: 2006, c. 34, s. 37.
Chair
al 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. R.S.O. 1990, c. 0.18,
s. 24 (3).
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Quorum
al One member of the Review Board constitutes a quorum. R.S.O. 1990, c. 0.18,
s. 24 (4).
Remuneration and expenses
ill The members of the Review Board shall be paid such remuneration and expenses as
the Lieutenant Governor in Council determines. R.S.O. 1990, c. 0.18, s. 24 (5).
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. R.S.O. 1990, c. 0.18,
s. 24 (6).
Hearings
0 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. 0.18,
s. 24 (7).
Procedures
Sections 4.3 to 4.6, 5.1, 5.2, 5.4, 6 to 16, 17.1, 21, 21.1, 22, 23, 25.0.1 and 25.1 of
the Statutory Powers Procedure Act apply to the Review Board and any hearing held by the
Review Board under this Act. 2005, c. 6, s. 11 (2).
Protection from personal liability
24.1 (1) No action or other proceeding shall be instituted against a member of the
Review Board or an employee appointed under Part III of the Public Service of Ontario Act,
2006 to work for the Review Board as a result of any act done in good faith in the
performance or intended performance of any duty under any Act or in the exercise or intended
exercise of any power under any Act, or of any alleged neglect or default in the performance
or exercise in good faith of such duty or power. 2009, c. 33, Sched. 2, s. 52 (1).
Exception
(2) Subsection (1) does not apply in the case of an application for judicial review or an
action or proceeding that is specifically provided for under an Act with respect to a person
referred to in that subsection. 2009, c. 33, Sched. 2, s. 52 (1).
Crown liability
kal Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings
Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an
agent or servant of the Crown to which it would otherwise be subject. 2009, c. 33, Sched. 2,
s. 52 (1).
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. 0.18, s. 25.
OMB hearings
25.1 (1) Despite section 5 of the Ontario Municipal Board Act, the Board may appoint
a member of the Review Board to sit on a panel of the Board conducting an appeal under this
Act for the duration of the appeal. 2005, c. 6, s. 12.
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Same
kal If a member of the Review Board is appointed to sit on a Board panel under
subsection (1),
(a) the member shall have all of the powers of a member of the Board appointed under
section 5 of the Ontario Municipal Board Act and shall be entitled to participate
fully in the appeal; and
(b) for the purposes of any further proceeding or appeal under the Ontario Municipal
Board Act, any decision or order made by a panel of the Board that includes a
Review Board member appointed under subsection (1) shall be deemed to be as
valid as a decision or order made by a panel of the Board constituted in accordance
with the requirements of section 5 of the Ontario Municipal Board Act. 2005, c. 6,
s. 12.
Conflict
A member of the Review Board is not eligible to be appointed to sit on a Board
panel under subsection (1) if the member has participated in any hearing by the Review Board
relating to the property that is the subject of the appeal being heard by the Board panel. 2005,
c. 6, s. 12.
PART III.1
STANDARDS AND GUIDELINES FOR PROVINCIAL HERITAGE PROPERTIES
Heritage standards and guidelines
Definition
25.2 (1) In this Part,
"property" means real property and includes all buildings and structures thereon. 2005, c. 6,
s. 13.
Application
This Part applies to property,
(a) that is owned by the Crown in right of Ontario or by a prescribed public body; or
(b) that is occupied by a ministry or a prescribed public body if the terms of the
occupancy agreement are such that the ministry or public body is entitled to make
the alterations to the property that may be required under the heritage standards and
guidelines approved under subsection (5). 2005, c. 6, s. 13.
Heritage standards and guidelines
(3) The Minister may prepare heritage standards and guidelines which shall,
(a) set out the criteria and the process for the identification of properties referred to in
subsection (2) that have cultural heritage value or interest; and
(b) set standards for the protection, maintenance, use and disposal of property referred
to in clause (a). 2005, c. 6, s. 13.
Consultation
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In preparing heritage standards and guidelines under subsection (3), the Minister
shall consult with the affected ministries, the Trust and the prescribed public bodies that own
or occupy properties referred to in subsection (2). 2005, c. 6, s. 13.
Approval
The heritage standards and guidelines prepared by the Minister shall be approved by
the Lieutenant Governor in Council. 2005, c. 6, s. 13.
Compliance
(6) The Crown in right of Ontario and any ministry or prescribed public body that owns
or occupies properties referred to in subsection (2) shall comply with the heritage standards
and guidelines approved under subsection (5). 2005, c. 6, s. 13.
Not a regulation
The heritage standards and guidelines approved under this section are not
regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2005,
c. 6, s. 13; 2006, c. 21, Sched. F, s. 136 (1).
Application
25.3 Section 37 applies with necessary modifications to property to which this Part
applies. 2005, c. 6, s. 13.
PART IV
CONSERVATION OF PROPERTY OF CULTURAL HERITAGE VALUE OR
INTEREST
DEFINITIONS AND APPLICATION
Definition
26. (1) In this Part,
"property" means real property and includes all buildings and structures thereon. 2005, c. 6,
s. 14.
Same
(2) In sections 27 to 34.4,
"designated property" means property designated by a municipality under section 29. 2005,
c. 6, s. 14.
Publication of notice, City of Toronto
(3) Where the City of Toronto is required by this Part to publish a notice in a newspaper
having general circulation in the municipality, notice given in accordance with a policy
adopted by the City under section 212 of the City of Toronto Act, 2006 is deemed to satisfy
the requirement of this Part to publish notice in a newspaper. 2006, c. 11, Sched. B, s. 11 (1).
Publication of notice
Where a municipality is required by this Part to publish a notice in a newspaper
having general circulation in the municipality, notice given in accordance with a policy
adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy
the requirement of this Part to publish notice in a newspaper. 2006, c. 32, Sched. D, s. 13 (1).
Application
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26.1 (1) This Part does not apply to property described in clause 25.2 (2) (a). 2005,
c. 6, s. 14.
Conflict
If a property described in clause 25.2 (2) (b) is designated under section 29 or under
section 34.5, and if there is a conflict between a provision of the heritage standards and
guidelines prepared under Part 111.1 and a provision in Part IV as they apply to that property,
the provision in Part IV prevails. 2005, c. 6, s. 14.
Exception
Nothing in subsection (1) shall prevent a municipality acting under subsection 27
(1.2) from including in the register referred to in that subsection a reference to property
described in clause 25.2 (2) (a). 2005, c. 6, s. 14.
REGISTER AND MUNICIPAL HERITAGE COMMITTEE
Register
27. (1) The clerk of a municipality shall keep a register of property situated in the
municipality that is of cultural heritage value or interest. 2005, c. 6, s. 15.
Contents of register
(1.1) The register kept by the clerk shall list all property situated in the municipality
that has been designated by the municipality or by the Minister under this Part and shall
contain, with respect to each property,
(a) a legal description of the property;
(b) the name and address of the owner; and
(c) a statement explaining the cultural heritage value or interest of the property and a
description of the heritage attributes of the property. 2005, c. 6, s. 15.
Same
(1.2) In addition to the property listed in the register under subsection (1.1), the register
may include property that has not been designated under this Part but that the council of the
municipality believes to be of cultural heritage value or interest and shall contain, with respect
to such property, a description of the property that is sufficient to readily ascertain the
property. 2005, c. 6, s. 15.
Consultation
(1.3) Where the council of a municipality has appointed a municipal heritage
committee, the council shall, before including a property that has not been designated under
this Part in the register under subsection (1.2) or removing the reference to such a property
from the register, consult with its municipal heritage committee. 2005, c. 6, s. 15.
Extracts
al 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. 0.18, s. 27 (2); 2002, c. 18, Sched. F, s. 2 (6).
Restriction on demolition, etc.
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If property included in the register under subsection (1.2) has not been designated
under section 29, the owner of the property shall not demolish or remove a building or
structure on the property or permit the demolition or removal of the building or structure
unless the owner gives the council of the municipality at least 60 days notice in writing of the
owner's intention to demolish or remove the building or structure or to permit the demolition
or removal of the building or structure. 2006, c. 11, Sched. B, s. 11 (2).
Same
kAl Subsection (3) applies only if the property is included in the register under
subsection (1.2) before any application is made for a permit under the Building Code Act,
1992 to demolish or remove a building or structure located on the property. 2006, c. 11,
Sched. B, s. 11 (2).
Same
(5) The notice required by subsection (3) shall be accompanied by such plans and shall
set out such information as the council may require. 2006, c. 11, Sched. B, s. 11 (2).
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
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 OF PROPERTIES BY MUNICIPALITIES
Designation by municipal by -law
29. (1) The council of a municipality may, by by -law, designate a property within the
municipality to be of cultural heritage value or interest if,
(a) where criteria for determining whether property is of cultural heritage value or
interest have been prescribed by regulation, the property meets the prescribed
criteria; and
(b) the designation is made in accordance with the process set out in this section. 2005,
c. 6, s. 17 (1).
Notice required
(1.1) Subject to subsection (2), if the council of a municipality intends to designate a
property within the municipality to be of cultural heritage value or interest, it shall cause
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notice of intention to designate the property to be given by the clerk of the municipality in
accordance with subsection (3). 2005, c. 6, s. 17 (1).
Consultation
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. 0.18, s. 29 (2); 2002,
c. 18, Sched. F, s. 2 (9).
Notice of intention
Notice of intention to designate under subsection (1) shall be,
(a) served on the owner of the property and on the Trust; and
(b) published in a newspaper having general circulation in the municipality. R.S.O.
1990, c. 0.18, s. 29 (3); 2005. c. 6. s. 1.
Contents of notice
(4) Notice of intention to designate property that is served on the owner of property and
on the Trust under clause (3) (a) shall contain,
(a) an adequate description of the property so that it may be readily ascertained;
(b) a statement explaining the cultural heritage value or interest of the property and 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 30 days after the date of publication of the notice of intention in a newspaper
of general circulation in the municipality under clause (3) (b). 2005, c. 6, s. 17 (2).
Same
(4.1) Notice of intention to designate property that is published in a newspaper of
general circulation in a municipality under clause (3) (b) shall contain,
(a) an adequate description of the property so that it may be readily ascertained;
(b) a statement explaining the cultural heritage value or interest of the property;
(c) a statement that further information respecting the proposed designation is available
from the municipality; and
(d) a statement that notice of objection to the designation may be served on the clerk
within 30 days after the date of publication of the notice of intention in a newspaper
of general circulation in the municipality under clause (3) (b). 2005, c. 6, s. 17 (2).
Objection
A person who objects to a proposed designation shall, within thirty days after the
date of publication of the notice of intention, 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. 0.18,
s. 29 (5); 1996, c. 4, s. 55 (2); 2009, c. 33, Sched. 11, s. 6 (4).
If no notice of objection
If no notice of objection is served within the 30 -day period under subsection (5), the
council,
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(a) shall,
(i) pass a by -law designating the property,
(ii) cause a copy of the by -law, together with a statement explaining the cultural
heritage value or interest of the property and a description of the heritage
attributes of the property,
(A) to be served on the owner of the property and on the Trust, 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 Trust, and
(ii) to be published in a newspaper having general circulation in the municipality.
2002, c. 18, Sched. F, s. 2 (11); 2005, c. 6, ss. 1, 17 (3).
Referral to Review Board
El 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. 0.18, 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. 0.18, s. 29 (8).
Place of hearing
al 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. 0.18, 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. 0.18, s. 29 (10).
(11) Repealed: 2005, c. 6, s. 17 (4).
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
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Board shall send a copy of its report to the other parties to the hearing. R.S.O. 1990, c. 0.18,
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. 0.18,
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 statement explaining the cultural
heritage value or interest of the property and a description of the heritage
attributes of the property,
(A) to be served on the owner of the property and on the Trust, 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 Trust, and
(ii) to be published in a newspaper having general circulation in the municipality.
2002, c. 18, Sched. F, s. 2 (12); 2005, c. 6, ss. 1, 17 (5).
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. 2009, c. 33,
Sched. 11, s. 6 (5).
No hearing
(15.1) If the Review Board has received notices of withdrawal for all the notices of
objection that were served under subsection (5), 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. 2009, c. 33, Sched. 11, s. 6 (5).
Transition
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(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).
Same
(17) If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal
Assent, the clerk of a municipality had given a notice of intention to designate a property that
complied with subsection (4) as it read immediately before that day but, as of that day, the
council had not yet passed a by -law designating the property under this section and had not
withdrawn the notice,
(a) the notice continues to have been validly given; and
(b) the requirements of subsection (4) or (4.1), as enacted on that day by subsection 17
(2) of the Ontario Heritage Amendment Act, 2005, do not apply to the notice of
intention. 2005, c. 6, s. 17 (6).
Effect of notice of designation
Permits void
30. (1) If a notice of intention to designate a property as property of cultural heritage
value or interest is given under section 29, any permit that allowed for the alteration or
demolition of the property and that was issued by the municipality under any Act, including a
building permit, before the day the notice was served on the owner of the property and on the
Trust and published in a newspaper is void as of the day the notice of intention is given in
accordance with subsection 29 (3). 2005, c. 6, s. 18.
Interim control of alteration, demolition or removal
Sections 33 and 34 apply with necessary modifications to property as of the day
notice of intention to designate the property is given under subsection 29 (3) as though the
designation process were complete and the property had been designated under section 29.
2005, c. 6, s. 18.
Amendment of designating by -law
30.1 (1) The council of a municipality may, by by -law, amend a by -law designating
property made under section 29 and section 29 applies with necessary modifications to an
amending by -law as though it were a by -law to designate property under that section. 2005,
c. 6, s. 19.
Exception
Despite subsection (1), subsections 29 (1) to (6) do not apply to an amending by -law
if the purpose of the amendment is,
(a) to clarify or correct the statement explaining the property's cultural heritage value
or interest or the description of the property's heritage attributes;
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(b) to correct the legal description of the property; or
(c) to otherwise revise the language of the by -law to make it consistent with the
requirements of this Act or the regulations. 2005, c. 6, s. 19.
Same
If the council of a municipality proposes to make an amendment described in
subsection (2), the council shall give the owner of the designated property written notice of
the proposed amendment in accordance with subsection (4). 2005, c. 6, s. 19.
Content of notice
A notice of a proposed amendment shall,
(a) contain an explanation of the purpose and effect of the proposed amendment; and
(b) inform the owner of the right to object to the proposed amendment by filing a
notice of objection with the clerk of the municipality within 30 days of receiving
the notice. 2005, c. 6, s. 19.
Consultation with committee
ill The council of a municipality shall consult with its municipal heritage committee, if
one has been established, before giving notice of a proposed amendment to the owner of
property under subsection (3). 2005, c. 6, s. 19.
Objection
(6) The owner of a property who receives notice of a proposed amendment from a
municipality under subsection (3) may, within 30 days of receiving notice of the amendment,
file a notice of objection to the amendment with the clerk of the municipality setting out the
reasons for the objection and all relevant facts. 2005, c. 6, s. 19.
Where no objection
(7) If no notice of objection is filed within the 30 -day period under subsection (6), the
council of the municipality may pass the proposed amending by -law described in subsection
(2). 2005, c. 6, s. 19.
Application of s. 29
(8) If the owner of the property files a notice of objection under subsection (6) in
relation to a proposed amendment described in subsection (2), subsections 29 (7) to (15.1)
apply with necessary modifications to the notice of objection. 2005, c. 6, s. 19; 2009, c. 33,
Sched. 11, s. 6 (6).
Notice of amendment
n The clerk of a municipality shall provide a copy of the by -law, as amended under
this section, to the owner of the property and to the Trust and shall register the by -law against
the property in the proper land registry office. 2005, c. 6, s. 19.
Requirement to update old by -laws
(10) If the council of a municipality proposes to amend a by -law designating property
made under section 29 before the day the Ontario Heritage Amendment Act, 2005 received
Royal Assent, the council shall include in the amendment such changes as are necessary to
ensure that the by -law satisfies the requirements of section 29, as it read on the day the
Ontario Heritage Amendment Act, 2005 received Royal Assent. 2005, c. 6, s. 19.
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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. 0.18, s. 31 (1).
Consultation
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. 0.18, s. 31 (2); 2002, c. 18, Sched. F,
s. 2 (14).
Notice of intention
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 Trust; and
(b) published in a newspaper having general circulation in the municipality. R.S.O.
1990, c. 0.18, s. 31 (3); 2005, c. 6, s. 1.
Contents of notice
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. 0.18,
s. 31 (4); 1996, c. 4, s. 56 (1).
Objection
ill 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. 0.18, s. 31 (5).
Application
Subsections 29 (6) to (15.1) 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. 0.18, s. 31 (6); 1996, c. 4, s. 56 (2);
2009, c. 33, Sched. 11, s. 6 (7).
Deletion from Register
fl 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. 0.18,
s. 31 (7).
Repeal of designating by -law, owner's initiative
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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. 0.18, s. 32 (1).
Decision of council
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 Trust; or
(b) consent to the application and,
(i) cause notice of the intention to repeal the by -law to be served on the owner and
the Trust, and
(ii) publish notice of the intention to repeal the by -law in a newspaper of general
circulation in the municipality. R.S.O. 1990, c. 0.18, s. 32 (2); 2002, c. 18,
Sched. F, s. 2 (15); 2005, c. 6, ss. 1, 20 (1).
Extension of time
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. 0.18, s. 32 (3).
Application for hearing
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. 0.18, 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. 0.18, s. 32 (5).
Hearing
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. 0.18, 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 0 1990, c. 0.18, s. 32 (7).
Repealed: 2005, c. 6, s. 20 (2).
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
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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. 0.18, 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. 0.18, s. 32 (10).
Decision of council
(11) After considering a report under subsection (9), the council without 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,
(i) cause notice of the intention to repeal the by -law to be served on the owner and
the Trust, and
(ii) publish notice of the intention to repeal the by -law in a newspaper of general
circulation in the municipality. 2005, c. 6, s. 20 (3).
Decision final
(11.1) A decision made under clause (11) (a) is final. 2005, c. 6, s. 20 (3).
(12) Repealed: 2005, c. 6, s. 20 (4).
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.
Objection
(14) Any person may, within 30 days after the date of publication of the notice of
intention under subclause (2) (b) (ii) or (11) (b) (ii), serve on the clerk of the municipality a
notice of objection to the repeal of a by -law, or a part of a by -law, designating property as
property of cultural heritage value or interest. 2005, c. 6, s. 20 (5).
Content of notice of objection
(15) A notice of objection shall set out the reason for the objection. 2005, c. 6, s. 20 (5).
If no objection made
(16) If no notice of objection is served within the 30 -day period referred to in
subsection (14), the council shall pass a by -law repealing the by -law, or the part of the by -law,
that designated the property as property of cultural heritage value or interest and cause,
(a) a copy of the repealing by -law to be served on the owner of the property and the
Trust;
(b) the reference to the property in the Register referred to in subsection 27 (1) to be
deleted;
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(c) notice of the repealing by -law to be published in a newspaper of general circulation
in the municipality; and
(d) a copy of the repealing by -law to be registered against the property in the proper
land registry office. 2005, c. 6, s. 20 (5).
Referral of objection to Review Board
(17) If a notice of objection is served on the municipality under subsection (14), the
council shall, upon expiration of the 30 -day period referred to in that subsection, refer the
matter to the Review Board for a hearing and report. 2005, c. 6, s. 20 (5).
Application
(18) Subsections 29 (7) to (13) apply with necessary modifications to the hearing and
report by the Review Board required under subsection (17). 2005, c. 6, s. 20 (5).
Decision of council
(19) After considering the report of the Review Board, the council shall, without a
further hearing,
(a) refuse the application and cause notice of its decision to be given to the owner; or
(b) consent to the application, pass a by -law repealing the by -law, or the part of the by-
law, that designated the property as property of cultural heritage value or interest
and cause,
(i) a copy of the repealing by -law to be served on the owner of the property and
the Trust,
(ii) the reference to the property in the Register referred to in subsection 27 (1) to
be deleted,
(iii) notice of the repealing by -law to be published in a newspaper of general
circulation in the municipality, and
(iv) a copy of the repealing by -law to be registered against the property in the
proper land registry office. 2005, c. 6, s. 20 (5).
Decision final
(20) The decision of the council under subsection (19) is final. 2005, c. 6, s. 20 (5).
Withdrawal of objection
(21) A person who has served a notice of objection under subsection (14) 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.
2005, c. 6, s. 20 (5).
No hearing
(22) If the Review Board has received notices of withdrawal for all the notices of
objection that were served under subsection (14), 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 (16) as if no notice of objection had been
served. 2009, c. 33, Sched. 11, s. 6 (8).
Reapplication
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(23) Where the council refuses an application under clause (11) (a) or (19) (a), the
owner of the property may not reapply to have the by -law, or the part of the by -law, that
designates the property as property of cultural heritage value or interest revoked for 12
months from the service of the notice under clause (19) (a), except with the consent of the
council. 2005, c. 6, s. 20 (5).
Alteration of property
33. (1) No owner of property designated under section 29 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); 2005, c. 6, s. 21 (1).
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. 0.18, 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. 0.18, s. 33 (3).
Decision of council
kAl 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 Trust. 2002,
c. 18, Sched. F, s. 2 (17); 2005, c. 6, s. 1.
Extension of time
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ill 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. 0.18,
s. 33 (5).
Application for hearing
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. 0.18, s. 33 (6).
Referral to Review Board
El 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. 0.18, s. 33 (7).
Hearing
kal 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. 0.18, s. 33 (8).
Place for hearing
n A hearing under subsection (8) shall be held at such place in the municipality as the
Review Board may determine R S 0 1990, c. 0.18, s. 33 (9).
(10) Repealed: 2005, c. 6, s. 21 (2).
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. 0.18, 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. 0.18, 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 Trust and to the other parties to the hearing, and its decision is final. R.S.O. 1990,
c. 0.18, s. 33 (13); 2005, c. 6. s. 1.
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
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4d) Ontario Heritage Act.
Ontario Heritage Act, R.S.O. 1990, c. 0.18 Page 26 of 72
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.
Delegation of council's consent
(15) The power to consent to alterations to property under this section may be delegated
by by -law by the council of a municipality to an employee or official of the municipality if the
council has established a municipal heritage committee and has consulted with the committee
prior to delegating the power. 2005, c. 6, s. 21 (3).
Scope of delegation
(16) A by -law that delegates the council's power to consent to alterations to a municipal
employee or official may delegate the power with respect to all alterations or with respect to
such classes of alterations as are described in the by -law. 2005, c. 6, s. 21 (3).
Demolition or removal of structure
34. (1) No owner of property designated under section 29 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); 2005, c. 6, s. 22 (1).
Application
(1.1) An application made under subsection (1) shall be accompanied by any plans and
set out any information the council may require. 2009, c. 33, Sched. 11, s. 6 (9).
Notice of receipt
(1.2) The council, on receipt of an application under subsection (1) together with any
information it may require under subsection (1.1), shall serve a notice of receipt on the
applicant. 2009, c. 33, Sched. 11, s. 6 (9).
Decision of council
(2) Within 90 days after the notice of receipt is served on the applicant under subsection
(1.2) 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,
(i.1) consent to the application, subject to such terms and conditions as may be
specified by the council, or
(ii) refuse the application;
(b) shall give notice of its decision to the owner and to the Trust; and
(c) shall publish its decision in a newspaper having general circulation in the
municipality. 2002, c. 18, Sched. F, s. 2 (18); 2005, c. 6, ss. 1, 22 (2); 2009, c. 33,
Sched. 11, s. 6 (10).
Repealed: 2005, c. 6, s. 22 (3).
Deemed consent
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4d) Ontario Heritage Act.
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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).
Transition
ill If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal
Assent, an owner of property designated under section 29 had applied to a municipality for
consent to demolish or remove a building or structure on the property and no decision had
been made by the council of the municipality as of that day,
(a) the council's decision shall be made in accordance with subsection (2), as amended
by subsection 22 (2) of the Ontario Heritage Amendment Act, 2005; and
(b) subsections (5) and (7), as they read immediately before the day the Ontario
Heritage Amendment Act, 2005 received Royal Assent, do not apply if the council
decides to refuse the application. 2005, c. 6, s. 22 (4).
Same
k61 If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal
Assent, an owner of property designated under section 29 had applied to a municipality for
consent to demolish or remove a building or structure on the property and the council of the
municipality had refused the application under subsection (2), then, even though 180 days had
elapsed since the date of the council's decision and the owner had complied with the
requirements of clause (5) (b) or (7) (b), as they read immediately before that day,
(a) subsections (5) and (7), as they read immediately before the day the Ontario
Heritage Amendment Act, 2005 received Royal Assent, do not apply with respect to
the refusal of the application; and
(b) the owner shall not demolish or remove the building or structure on the property.
2005, c. 6, s. 22 (4).
Same, exception
al Despite subsections (5) and (6), if, on the day the Ontario Heritage Amendment Act,
2005 received Royal Assent, a situation described in subsection (6) existed and the owner of
the property had not only prepared the property for the demolition or removal of a building or
structure but was in the course of demolishing or removing the building or structure, then,
(a) subsections (5) and (7), as they read immediately before the day the Ontario
Heritage Amendment Act, 2005 received Royal Assent, continue to apply to the
refusal of the application;
(b) the owner may continue the demolition or removal of the building or structure; and
(c) sections 34.1, 34.2 and 34.3, as they read immediately before the day the Ontario
Heritage Amendment Act, 2005 received Royal Assent, continue to apply to the
application. 2005, c. 6, s. 22 (4).
kal Repealed: 2005, c. 6, s. 22 (4).
Appeal to Board
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4d) Ontario Heritage Act.
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34.1 (1) If the council of a municipality consents to an application subject to terms and
conditions under subclause 34 (2) (a) (i.1) or refuses an application under subclause 34 (2) (a)
(ii), the owner of the property that was the subject of the application may appeal the council's
decision to the Board within 30 days of the day the owner received notice of the council's
decision. 2005, c. 6, s. 23.
Notice of appeal
An owner of property who wishes to appeal the decision of the council of a
municipality shall, within 30 days of the day the owner received notice of the council's
decision, give notice of appeal to the Board and to the clerk of the municipality. 2005, c. 6,
s. 23.
Content of notice
A notice of appeal shall set out the reasons for the objection to the decision of the
council of the municipality and be accompanied by the fee prescribed under the Ontario
Municipal Board Act. 2005, c. 6, s. 23.
Hearing
kA,) Upon receiving notice of an appeal, the Board shall set a time and place for hearing
the appeal and give notice of the hearing to the owner of the property and to such other
persons or bodies as the Board may determine. 2005, c. 6, s. 23.
Notice of hearing
ill The Board shall give notice of a hearing in such manner as the Board determines
necessary. 2005, c. 6, s. 23.
Powers of Board
(6) After holding a hearing, the Board may order,
(a) that the appeal be dismissed; or
(b) that the municipality consent to the demolition or removal of a building or structure
without terms and conditions or with such terms and conditions as the Board may
specify in the order. 2005, c. 6, s. 23.
Decision final
fp The decision of the Board is final. 2005, c. 6, s. 23.
Transition, appeal to Board
34.2 (1) Within 90 days of the day the Ontario Heritage Amendment Act, 2005
received Royal Assent, the owner of property designated under section 29 who, before that
day, had been refused an application to demolish or remove a building or structure from the
property under subsection 34 (2) by the council of a municipality, may appeal the decision to
the Board if,
(a) the owner has lost his right to demolish or remove the building or structure 180
days after the day the council of the municipality refused the application under
subsection 34 (2) by virtue of subsection 34 (6); and
(b) subsection 34 (7) does not apply to the application. 2005, c. 6, s. 23.
Notice of appeal
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4d) Ontario Heritage Act.
Ontario Heritage Act, R.S.O. 1990, c. 0.18 Page 29 of 72
An owner of property who wishes to appeal the decision of the council of a
municipality under subsection (1) shall, within 90 days of the day the Ontario Heritage
Amendment Act, 2005 received Royal Assent, give notice of appeal to the Board and to the
clerk of the municipality. 2005, c. 6, s. 23.
Application
Subsections 34.1 (3) to (7) apply with necessary modifications to an appeal under
this section. 2005, c. 6, s. 23.
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 section 29 if the owner of the property has applied in
writing to the council for consent 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 (i.1) or is
deemed to have consented to the application under subsection 34 (4); or
(b) the Board has ordered that the municipality give its consent under clause 34.1 (6)
(b). 2005, c. 6, s. 24.
Duties upon passing a repealing by -law
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
Trust;
(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); 2005, c. 6, s. 1.
Transition
34.4 A process relating to a matter dealt with in any of sections 34 to 34.3 that was
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, that was continued under sections 34 to
34.3 of this Act by this section on the day subsection 2 (18) of Schedule F to the Government
Efficiency Act, 2002 came into force, and that was not complete on the day the Ontario
Heritage Amendment Act, 2005 received Royal Assent, shall be continued under sections 34
to 34.3 as they read on and after the day the Ontario Heritage Amendment Act, 2005 received
Royal Assent. 2005, c. 6, s. 25.
DESIGNATION OF PROPERTIES BY MINISTER
Designation by Minister
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4d) Ontario Heritage Act.
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34.5 (1) After consultation with the Trust, the Minister may, by order, designate any
property within a municipality or in unorganized territory as property of cultural heritage
value or interest of provincial significance if,
(a) the property meets the criteria prescribed by regulation; and
(b) the designation is made in accordance with the process set out in section 34.6. 2005,
c. 6, s. 26.
Effect of designation
If property is designated by the Minister under subsection (1), the owner of the
property shall not,
(a) carry out or permit an alteration of the property of a kind described in subsection (3)
unless the Minister consents to the alteration; or
(b) carry out or permit the demolition or removal of a building or structure on the
property unless the Minister consents to the demolition or removal or the Board
orders the demolition or removal under subsection (6). 2005, c. 6, s. 26.
Alterations to property
Clause (2) (a) applies in respect of alterations that are likely to affect the property's
heritage attributes as described in the notice of intention to designate the property given under
section 34.6. 2005, c. 6, s. 26.
Application for consent, alteration
(4) The owner of a property designated under subsection (1) may apply to the Minister
for the Minister's consent to an alteration of the property and subsections 33 (2) to (14) apply
with necessary modifications to such an application. 2005, c. 6, s. 26.
Same
(5) For the purposes of the application of subsection 33 (4) to an application for the
Minister's consent made under subsection (4), subsection 33 (4) shall be deemed to require
the Minister to consult with the Trust, and not with a municipal heritage committee, before
rendering a decision under that subsection. 2005, c. 6, s. 26.
Same, demolition or removal
(6) The owner of a property designated under subsection (1) may apply to the Minister
for the Minister's consent to the demolition or removal of a building or structure on the
property. 2005, c. 6, s. 26.
Decision of Minister
fil Within 90 days after receipt of an application under subsection (6), or within such
longer period as is agreed upon by the owner and the Minister, the Minister, having consulted
with the Trust, may,
(a) consent to the application;
(b) consent to the application, subject to such terms and conditions as may be specified
by the Minister; or
(c) refuse the application. 2005, c. 6, s. 26.
Notice of decision
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4d) Ontario Heritage Act.
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The Minister shall, within the time period specified in subsection (7), give notice of
its decision under subsection (7) to the owner of the property and to the Trust and,
(a) in the case of property situated in a municipality, shall publish the decision in a
newspaper having general circulation in the municipality; and
(b) in the case of property situated in unorganized territory, shall publish its decision or
otherwise make its decision known in a manner and at such times as the Minister
considers adequate to give the public in the territory reasonable notice. 2005, c. 6,
s. 26.
Deemed consent
n If the Minister fails to give notice of its decision to the owner within the time period
specified in subsection (7), the Minister shall be deemed to have consented to the application.
2005, c. 6, s. 26.
Application, appeal to Board
(10) Section 34.1 applies with necessary modifications where the Minister refuses an
application for consent under clause (7) (c) or consents to the application, subject to terms and
conditions specified by the Minister under clause (7) (b). 2005, c. 6, s. 26.
Delegation
(11) The Minister may delegate in writing his or her power to consent to the alteration
of a property designated under subsection (1) and to consent to the demolition or removal of a
building or structure on property designated under subsection (1),
(a) to the Trust, or to an official of the Trust designated by the Trust for the purposes of
such a delegation; or
(b) in the case of property situated in a municipality, to the council of the municipality
or to an official of the municipality designated by the council of the municipality
for the purposes of such a delegation. 2005, c. 6, s. 26.
Scope of delegation
(12) The Minister may limit a delegation under subsection (11) so as to delegate the
power to consent to only one of the types of changes to property described in subsection (11),
or to such combination thereof as may be specified in the delegation, or to consent to such
classes of alterations as are set out in the delegation. 2005, c. 6, s. 26.
Designation process
34.6 (1) If the Minister intends to designate property as property of cultural heritage
value or interest of provincial significance, the Minister shall ensure that a notice of intention
to designate the property is,
(a) served on the owner of the property and, if the property is situated in a municipality,
on the clerk of the municipality;
(b) in the case of property situated in a municipality, published in a newspaper of
general circulation in the municipality; and
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4d) Ontario Heritage Act.
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(c) in the case of property situated in unorganized territory, published or otherwise
made known in the territory in a manner and at such times as the Minister considers
adequate to give the public in the territory reasonable notice. 2005, c. 6, s. 26.
Content of notice
A notice of intention to designate property served on an owner of property and on
the clerk of a municipality under clause (1) (a) shall contain,
(a) an adequate description of the property so that it may be readily ascertained;
(b) a statement explaining the cultural heritage value or interest of the property and 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
Minister, within 30 days after the day the notice of intention was first published or
made known to the public under clause (1) (b) or (c). 2005, c. 6, s. 26.
Same
(3) A notice of intention to designate property published under clause (1) (b) or (c) shall
contain,
(a) an adequate description of the property so that it may be readily ascertained;
(b) a statement explaining the cultural heritage value or interest of the property;
(c) a statement that further information respecting the proposed designation is available
from the Minister; and
(d) a statement that notice of objection to the designation may be served on the
Minister, within 30 days after the day the notice of intention was first published or
made known to the public under clause (1) (b) or (c). 2005, c. 6, s. 26.
Objection
ill Within 30 days after the day the notice of intention was first published or made
known to the public under clause (1) (b) or (c), a person may serve on the Minister a notice of
objection setting out the reason for the objection and all relevant facts. 2005, c. 6, s. 26.
If no notice of objection
ill If no notice of objection is served within the 30 -day period referred to in subsection
(4), the Minister,
(a) shall make an order designating the property as property of cultural heritage value
or interest of provincial significance and shall,
(i) cause a copy of the order together with a statement explaining the cultural
heritage value or interest of the property and a description of the heritage
attributes of the property,
(A) to be served on the owner of the property, on the Trust and, if the
property is situated in a municipality, on the clerk of the municipality,
and
(B) to be registered against the property affected in the proper land registry
office,
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4d) Ontario Heritage Act.
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(ii) in the case of property situated in a municipality, publish notice of the order in
a newspaper of general circulation in the municipality, and
(iii) in the case of property situated in unorganized territory, publish notice of the
order or otherwise make it known in the territory in a manner and at such
times as the Minister considers adequate to give the public in the territory
reasonable notice; 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, on the Trust and, if the property is
situated in a municipality, on the clerk of the municipality,
(ii) in the case of property situated in a municipality, to be published in a
newspaper of general circulation in the municipality, and
(iii) in the case of property situated in unorganized territory, to be published or
otherwise made known in the territory in a manner and at such times as the
Minister considers adequate to give the public in the territory reasonable
notice. 2005, c. 6, s. 26.
Referral of objection to Review Board
If a notice of objection is served on the Minister under subsection (4), the Minister
shall, upon expiration of the 30 -day period referred to in that subsection, refer the matter to
the Review Board for a hearing and report. 2005, c. 6, s. 26.
Hearing
El If a matter is referred to the Review Board under subsection (6), the Review Board
shall hold a hearing as soon as practicable to determine whether the property in question
should be designated as property of cultural heritage value or interest of provincial
significance. 2005, c. 6, s. 26.
Parties
The Minister, the owner of the property in question, any person who has served a
notice of objection under subsection (4) and such other persons as the Review Board may
specify are parties to the hearing. 2005, c. 6, s. 26.
Open hearing
n A hearing under subsection (7) is open to the public. 2005, c. 6, s. 26.
Place of hearing
(10) A hearing under subsection (7) shall be held at such place in the municipality or in
the unorganized territory, as the case may be, as the Review Board may determine 2005, c. 6,
s. 26.
Notice of hearing
(11) Notice of a hearing under subsection (7) shall be,
(a) if the hearing is with respect to property situated in a municipality, published in a
newspaper of general circulation in the municipality at least 10 days before the day
of the hearing; and
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4d) Ontario Heritage Act.
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(b) if the hearing is with respect to property situated in unorganized territory, published
or otherwise made known in the territory in a manner and at such times as the
Review Board considers adequate to give the public in the territory reasonable
notice of the hearing. 2005, c. 6, s. 26.
Combining hearings
(12) The Review Board may combine two or more related hearings and conduct them in
all respects and for all purposes as one hearing. 2005, c. 6, s. 26.
Reports
(13) Within 30 days after the conclusion of a hearing under subsection (7) or as soon
thereafter as is practicable, 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 in question should
be designated under section 34.5 and any information or knowledge used by it in reaching its
recommendations. 2005, c. 6, s. 26.
Copies
(14) The Review Board shall send a copy of its report to the other parties to the hearing.
2005, c. 6, s. 26.
Decision of Minister
(15) After considering the report of the Review Board, the Minister, without further
hearing, shall make any order or take any action set out in subsection (5) and follow the
requirements of that subsection. 2005, c. 6, s. 26.
Decision final
(16) The decision of the Minister under subsection (15) is final. 2005, c. 6, s. 26.
Withdrawal of objection
(17) 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 notice
of withdrawal on the Minister and on the Review Board. 2005, c. 6, s. 26.
No hearing
(18) If the Review Board has received notices of withdrawal for all the notices of
objection that were served under subsection (4), 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 (5) as if no notice of objection had been
served. 2009, c. 33, Sched. 11, s. 6 (11).
Effect of notice of designation
Permits void
34.7 (1) If a notice of intention to designate a property as property of cultural heritage
value or interest of provincial significance is given under section 34.6, any permit that
allowed for the alteration or demolition of the property and that was issued under any Act,
including a building permit, before the day the notice was served on the owner of the property
and on the Trust and published or made known under subsection 34.6 (1) is void as of that
day. 2005, c. 6, s. 26.
Interim control of alteration, demolition or removal
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4d) Ontario Heritage Act.
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Subsections 34.5 (2) to (10) apply with necessary modifications to property as of the
day a notice of intention to designate the property is given under section 34.6 as though the
designation process were complete and the property had been designated under subsection
34.5 (1). 2005, c. 6, s. 26.
Repeal of order, Minister's initiative
34.8 (1) If, after consultation with the Trust, the Minister decides to repeal an order
designating property as property of cultural heritage value or interest of provincial
significance, the Minister shall give notice of intention to repeal the order in accordance with
subsection (2). 2005, c. 6, s. 26.
Notice of intention
A notice of intention to repeal an order designating property shall be served on the
owner of the property and on the Trust and,
(a) in the case of property situated in a municipality, shall be published in a newspaper
of general circulation in the municipality; or
(b) in the case of property situated in unorganized territory, shall be published or
otherwise made known in the territory in a manner and at such times as the
Minister considers adequate to give the public in the territory reasonable notice.
2005, c. 6, s. 26.
Content of notice
al A notice of intention to repeal an order designating property shall contain,
(a) an adequate description of the property so that it may be readily ascertained;
(b) a short statement of the reason for repealing the order; and
(c) a statement that notice of objection to the repeal of the order may be served on the
Minister, within 30 days after the day the notice of intention was first published or
made known to the public under clause (2) (a) or (b). 2005, c. 6, s. 26.
Objection
Within 30 days after the day the notice of intention was first published or made
known to the public under clause (2) (a) or (b), a person may serve on the Minister a notice of
objection to the repeal of an order designating property setting out the reason for the objection
and all relevant facts. 2005, c. 6, s. 26.
Application
Subsections 34.6 (5) to (18), as they apply to an intention to make an order to
designate property, apply with necessary modifications to an intention to make an order
repealing the designation of the property. 2005, c. 6, s. 26.
Repeal of order, owner's initiative
34.9 (1) An owner of a property designated under subsection 34.5 (1) may apply to the
Minister for a repeal of the order designating the property. 2005, c. 6, s. 26.
Decision of Minister
(2) Within 90 days of receipt of an application under subsection (1), the Minister,
having consulted with the Trust, shall,
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4d) Ontario Heritage Act.
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(a) refuse the application and cause notice of its decision to be given to the owner and
to the Trust; or
(b) consent to the application and,
(i) cause notice of the intention to repeal the order to be served on the owner and
the Trust,
(ii) if the property is situated in a municipality, publish notice of the intention to
repeal the order in a newspaper of general circulation in the municipality, and
(iii) if the property is situated in unorganized territory, publish or otherwise make
known the notice of intention to repeal the order in a manner and at such
times as the Minister considers adequate to give the public in the territory
reasonable notice. 2005, c. 6, s. 26.
Extension of time
The applicant and the Minister may agree to extend the time under subsection (2)
within which the Minister is to make a decision. 2005, c. 6, s. 26.
Deemed decision
If the Minister fails to notify the applicant of his or her decision within the 90 -day
period referred to in subsection (2) or within such further time as may have been agreed to
under subsection (3), the Minister shall be deemed to have consented to the application. 2005,
c. 6, s. 26.
Application for hearing
ill Within 30 days of receipt of a notice of a refusal of an application under clause (2)
(a), the owner of the property in question may apply to the Minister for a hearing before the
Review Board. 2005, c. 6, s. 26.
Application
(6) Subsections 32 (5) to (10) and (13) apply with necessary modifications to a hearing
by the Review Board under this section. 2005, c. 6, s. 26; 2009, c. 33, Sched. 11, s. 6 (12).
Decision of Minister
(7) After considering the report of the Review Board, the Minister, without further
hearing, shall,
(a) refuse the application and cause notice of its decision to be given to the owner and
to the Trust; or
(b) consent to the application and,
(i) cause notice of the intention to repeal the order to be served on the owner and
the Trust,
(ii) if the property is situated in a municipality, publish notice of the intention to
repeal the order in a newspaper of general circulation in the municipality, and
(iii) if the property is situated in unorganized territory, publish or otherwise make
known the notice of intention to repeal the order in a manner and at such
times as the Minister considers adequate to give the public in the territory
reasonable notice. 2005, c. 6, s. 26.
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Objection
kal Within 30 days after the day the notice of intention was first published or made
known to the public under clause (2) (b) or (7) (b), a person may serve on the Minister a
notice of objection to the repeal of an order designating property setting out the reason for the
objection and all relevant facts. 2005, c. 6, s. 26.
Application
n Subsections 34.6 (5) to (18), as they apply to an intention to make an order to
designate property, apply with necessary modifications to an intention to make an order
repealing the designation of the property. 2005, c. 6, s. 26.
Reapplication
(10) Where the Minister refuses an application under this section, the owner of the
property may not reapply to have the order that designates the property as property of cultural
heritage value or interest of provincial significance revoked for 12 months from day the owner
receives notice of the Minister's decision, except with the consent of the Minister. 2005, c. 6,
s. 26.
GENERAL
Notice of change of ownership
35. (1) Where there is a change in the ownership of property designated under section
29 by a municipality, the new owner of the property shall give notice of the change to the
clerk of the municipality within 30 days of becoming the owner of the property. 2005, c. 6,
s. 27.
Same, Minister
Where there is a change in the ownership of property designated under section 34.5
by the Minister, the new owner of the property shall give notice of the change to the Minister
within 30 days of becoming the owner of the property. 2005, c. 6, s. 27.
Conflict
35.1 In the event of a conflict between an order by the Minister designating property
under section 34.5 and a municipal by -law that affects the same property, the order prevails to
the extent of the conflict, but in all other respects the by -law remains in full force and effect.
2005, c. 6, s. 27.
Stop order
35.2 (1) The Minister may issue a stop order with respect to any property in the
Province to prevent the alteration of the property, any damage to the property or the
demolition or removal of any building or structure on the property if the Minister is of the
opinion that,
(a) the property may be property of cultural heritage value or interest of provincial
significance; and
(b) the property is likely to be altered or damaged or a building or structure located on
the property is likely to be removed or demolished. 2005, c. 6, s. 27.
Same
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The Minister may make an order under this section with respect to property
designated under section 29 even if the municipality has consented to the alteration,
demolition or removal in question. 2005, c. 6, s. 27.
Order
A stop order issued under this section shall direct the owner of the property in
question or any person in apparent possession of the property to ensure that any activity that is
likely to result in the alteration of or damage to the property or the demolition or removal of
any building or structure on the property not be commenced or be discontinued for a period of
up to 60 days. 2005, c. 6, s. 27.
Assessment
During the time that a stop order is in effect, the Minister, or any person authorized
by the Minister in writing, may prepare a study to assist in determining whether the property
is property of cultural heritage value or interest of provincial significance and which
procedures, if any, should be commenced under this Act or otherwise, in order to protect and
conserve the property. 2005, c. 6, s. 27.
Service of order
The Minister may serve a stop order issued under this section on the owner of the
property in question or any person in apparent possession of the property by any method of
service described in subsection 67 (1) and by posting the order in a conspicuous place on the
property to which it applies. 2009, c. 33, Sched. 11, s. 6 (13).
Service deemed effective
Service under subsection (5) is effective from the earlier of the date of posting or the
effective date of service described in subsections 67 (2) to (4). 2009, c. 33, Sched. 11,
s. 6 (13).
Building standards by -law
35.3 (1) If a by -law passed under section 15.1 of the Building Code Act, 1992 setting
out standards for the maintenance of property in the municipality is in effect in a municipality,
the council of the municipality may, by by -law,
(a) prescribe minimum standards for the maintenance of the heritage attributes of
property in the municipality that has been designated by the municipality under
section 29 or by the Minister under section 34.5; and
(b) require property that has been designated under section 29 or 34.5 and that does not
comply with the standards to be repaired and maintained to conform with the
standards. 2005, c. 6, s. 27.
Application
kal Sections 15.2, 15.3, 15.4, 15.5 and 15.8 of the Building Code Act, 1992 apply with
necessary modifications to the enforcement of a by -law made under subsection (1). 2005, c. 6,
s. 27.
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
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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. 0.18, s. 36 (1).
Expropriating by -law
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. 0.18, s. 36 (2).
Delegation
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
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. 0.18, s. 37 (2).
Idem
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. 0.18,
s. 37 (3).
Assignment
al 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. 0.18, s. 37 (4).
Conflict
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. 0.18, s. 37 (5).
Inspection
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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
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. 0.18, 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. R.S.O. 1990, c. 0.18, s. 39 (1).
Loan is lien or charge on land
al 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. 0.18, s. 39 (2).
Non - application of s. 106 of Municipal Act, 2001
al Section 106 of the Municipal Act, 2001 does not apply to a grant or loan made under
subsection (1). 2009, c. 33, Sched. 11, s. 6 (14).
PART V
HERITAGE CONSERVATION DISTRICTS
Definition
39.1 (1) In this Part,
"property" means real property and includes all buildings and structures thereon. 2002,
c. 18, Sched. F, s. 2 (20).
Publication of notice, City of Toronto
al Where the City of Toronto is required by this Part to publish a notice in a newspaper
having general circulation in the municipality, notice given in accordance with a policy
adopted by the City under section 212 of the City of Toronto Act, 2006 is deemed to satisfy
the requirement of this Part to publish notice in a newspaper. 2006, c. 11, Sched. B, s. 11 (3).
Publication of notice
Where a municipality is required by this Part to publish a notice in a newspaper
having general circulation in the municipality, notice given in accordance with a policy
adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy
the requirement of this Part to publish notice in a newspaper. 2006, c. 32, Sched. D, s. 13 (2).
Application
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39.1.1 (1) This Part does not apply to property described in clause 25.2 (2) (a). 2005,
c. 6. s. 28.
Conflict
If a property described in clause 25.2 (2) (b) is included in a heritage conservation
study area designated under section 40.1 or in a heritage conservation district designated
under section 41, and if there is a conflict between a provision of the heritage standards and
guidelines prepared under Part 111.1 and a provision in Part V as they apply to that property,
the provision in Part V prevails. 2005, c. 6. s. 28.
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
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).
Area study
40. (1) The council of a municipality may undertake a study of any area of the
municipality for the purpose of designating one or more heritage conservation districts. 2005,
c. 6. s. 29.
Scope of study
(2) A study under subsection (1) shall,
(a) examine the character and appearance of the area that is the subject of the study,
including buildings, structures and other property features of the area, to determine
if the area should be preserved as a heritage conservation district;
(b) examine and make recommendations as to the geographic boundaries of the area to
be designated;
(c) consider and make recommendations as to the objectives of the designation and the
content of the heritage conservation district plan required under section 41.1;
(d) make recommendations as to any changes that will be required to the municipality's
official plan and to any municipal by -laws, including any zoning by -laws. 2005,
c. 6. s. 29.
Consultation
(3) If the council of a municipality has established a municipal heritage committee
under section 28, the council shall consult with the committee with respect to the study. 2005,
c. 6. s. 29.
Designation of study area
40.1 (1) If the council of a municipality undertakes a study under section 40, the
council may by by -law designate the area specified in the by -law as a heritage conservation
study area for a period of up to one year. 2005, c. 6. s. 29.
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Same
kal A by -law made under subsection (1) may prohibit or set limitations with respect to,
(a) the alteration of property situated in the heritage conservation study area; and
(b) the erection, demolition or removal of buildings or structures, or classes of
buildings or structures, in the heritage conservation study area. 2005, c. 6. s. 29.
Notice of by -law
If the council of a municipality passes a by -law under subsection (1), the council
shall, within 30 days after the by -law is passed, cause notice of the by -law,
(a) to be served on each owner of property located in the heritage conservation study
area and on the Trust; and
(b) to be published in a newspaper of general circulation in the municipality. 2005, c. 6.
s. 29.
Appeal to Board
(4) Any person who objects to a by -law passed under subsection (1) 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. 2005, c. 6. s. 29.
Application
(5) Subsections 41 (6) to (9) apply with necessary modifications to an appeal under
subsection (4). 2005, c. 6. s. 29; 2006, c. 11, Sched. B, s. 11 (4).
Limitation
Where the designation of a study area in a municipality ceases to be in effect, the
council of the municipality shall not, during the following three years, pass a by -law
designating another study area that includes an area that was part of the previously designated
study area. 2005, c. 6. s. 29.
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. 0.18, 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).
Which Part applies
(2.1) A property that is designated by the Minister under subsection 34.5 (1) and is
included in an area designated as a heritage conservation district under this Part is subject to
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subsections 34.5 (2) to (12), and not to this Part, with respect to any alterations of the property
or any demolition or removal of buildings or structures on the property. 2005, c. 6. s. 30 (1).
Same
(2.2) A property that is designated by a municipality under section 29 and is included in
an area designated as a heritage conservation district under this Part is subject to section 30
and sections 33 to 34.4, and not to this Part, with respect to any alterations of the property or
any demolition or removal of buildings or structures on the property if,
(a) the designation of the heritage conservation district was made before the day
section 41.1 came into force; and
(b) no heritage conservation district plan has been adopted by the council of the
municipality under section 41.1 with respect to the heritage conservation district.
2005, c. 6. s. 30 (1).
Same
(2.3) Subject to subsection (2.4), a property that is designated by a municipality under
section 29 and is included in an area designated as a heritage conservation district under this
Part for which a heritage conservation district plan has been adopted under section 41.1 is
subject to this Part and to the plan with respect to any alterations of the property or demolition
or removal of buildings or structures on the property, and is not subject to section 30 or to
sections 33 to 34.4. 2005, c. 6. s. 30 (1).
Same
(2.4) If the owner of a property referred to in subsection (2.3) intends to alter or permit
alterations to the interior of a building or structure on the property, the owner shall comply
with the requirements of section 33. 2005, c. 6. s. 30 (1).
Notice of by -law
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 Trust; and
(b) to be published in a newspaper having general circulation in the municipality. 2002,
c. 18, Sched. F, s. 2 (25); 2005, c. 6. s. 1.
Appeal to Board
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
ill If no notice of appeal is given to the clerk within the time period specified in
subsection (4),
(a) the by -law comes into force on the day following the last day of the period; and
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(b) the clerk shall ensure that a copy of the by -law is registered against the properties
affected by the by -law in the appropriate land registry office. 2005, c. 6. s. 30 (2).
If notice of appeal
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
El 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
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;
(d) the appellant has not responded to a request by the Board for further information
within the time specified by the Board; or
(e) the appellant has not participated in the public process for the adoption of the
relevant heritage conservation district plan under section 41.1 by either making an
oral submission at a public meeting or by submitting written submissions to the
council of the municipality and the Board believes there is no reasonable
explanation for failing to do so. 2002, c. 18, Sched. F, s. 2 (25); 2005, c. 6,
s. 30 (3).
Representations
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n 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).
Registration of by -law
(10.1) The clerk of a municipality shall ensure that a copy of the by -law made under
this section is registered in the appropriate land registry office promptly after it comes into
force. 2005, c. 6, s. 30 (4).
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).
Heritage conservation district plans
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41.1 (1) A by -law under section 41 designating one or more heritage conservation
districts in a municipality shall adopt a heritage conservation district plan for each district that
is designated in the by -law. 2005, c. 6, s. 31.
Same, where district already designated
If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal
Assent, the council of a municipality had passed a by -law designating one or more heritage
conservation districts, it may pass a by -law adopting a heritage conservation district plan for
any one of the designated districts. 2005, c. 6, s. 31.
Notice
If the council of a municipality passes a by -law adopting a heritage conservation
district plan under subsection (2), the council shall cause notice of the by -law,
(a) to be served on each owner of property located in the heritage conservation district
and on the Trust; and
(b) to be published in a newspaper having general circulation in the municipality. 2005,
c. 6, s. 31.
Application
Subsections 41 (4) to (10) apply with necessary modifications to a by -law passed
under subsection (2). 2005, c. 6, s. 31.
Content of plan
(5) A heritage conservation district plan shall include,
(a) a statement of the objectives to be achieved in designating the area as a heritage
conservation district;
(b) a statement explaining the cultural heritage value or interest of the heritage
conservation district;
(c) a description of the heritage attributes of the heritage conservation district and of
properties in the district;
(d) policy statements, guidelines and procedures for achieving the stated objectives and
managing change in the heritage conservation district; and
(e) a description of the alterations or classes of alterations that are minor in nature and
that the owner of property in the heritage conservation district may carry out or
permit to be carried out on any part of the property, other than the interior of any
structure or building on the property, without obtaining a permit under section 42.
2005, c. 6, s. 31.
Consultation
Before a by -law adopting a heritage conservation district plan is made by the
council of a municipality under subsection 41 (1) or under subsection (2), the council shall
ensure that,
(a) information relating to the proposed heritage conservation district plan, including a
copy of the plan, is made available to the public;
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(b) at least one public meeting is held with respect to the proposed heritage
conservation district plan; and
(c) if the council of the municipality has established a municipal heritage committee
under section 28, the committee is consulted with respect to the proposed heritage
conservation district plan. 2005, c. 6, s. 31.
Notice of public meeting
(7) The clerk of a municipality shall give notice of a public meeting to discuss a
proposed heritage conservation district plan in such manner as the council of the municipality
determines is appropriate and to such persons and bodies the council believes may have an
interest in the plan. 2005, c. 6, s. 31.
Time of public meeting
kal The public meeting shall take place 20 days after notice is given under subsection
(7) or at such later time as may be specified in the notice. 2005, c. 6, s. 31.
Oral representations
n Any person attending the public meeting shall be given an opportunity to make oral
representations with respect to the plan. 2005, c. 6, s. 31.
Information provided at meeting
(10) The council of a municipality shall ensure that information is provided to persons
attending a public meeting explaining that, in accordance with subsection 41 (8), a person
who does not raise objections to the adoption of a proposed heritage conservation district plan
by making oral representations under subsection (9) or written submissions under subsection
(11) may be later denied an opportunity to appeal the passing of a by -law adopting the plan
under subsection 41 (1) or under subsection (2). 2005, c. 6, s. 31.
Written submissions
(11) Any person or body may make written submissions with respect to a proposed
heritage conservation district plan to the council of a municipality at any time before the by-
law adopting the plan is made. 2005, c. 6, s. 31.
Copies of proposed plan available
(12) The council shall provide copies of a proposed heritage conservation district plan
to any person upon request. 2005, c. 6, s. 31.
Consistency with heritage conservation district plan
41.2 (1) Despite any other general or special Act, if a heritage conservation district
plan is in effect in a municipality, the council of the municipality shall not,
(a) carry out any public work in the district that is contrary to the objectives set out in
the plan; or
(b) pass a by -law for any purpose that is contrary to the objectives set out in the plan.
2005, c. 6, s. 31.
Conflict
al In the event of a conflict between a heritage conservation district plan and a
municipal by -law that affects the designated district, the plan prevails to the extent of the
conflict, but in all other respects the by -law remains in full force. 2005, c. 6, s. 31.
http: / /www.e- laws. gov. on. ca /html/ statutes /english/elaws statutes 90o18 e.htm 4/26/2013
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4e) Councillors Crawford and Coutanche, Shawn Binns, Dir...
Toavnship nt f �/��V�dozi e
Proud Heritage, Exciting Future
Name:
Item Number /Name:
Meeting Date:
Motion No.:
Type of Meeting:
Speaking Notes:
Verbal Matters
(Section 12.3 of Township's
Procedural By -Law No. 2011 -011)
Councillors Crawford and Coutanche, Shawn Binns, Director of
Recreation and Community Services
6e) Work Plan and Structure
06 10 2013
HC130610 -6
X
Council
Committee of Adjustment
Special Council
Accessibility Advisory Committee
Recreational Technical Support Group
Heritage Committee
• The Committee reviewed strengths, weaknesses, opportunities and threats.
6/18/13
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