03 27 2023 Heritage Committee Agenda The Township of Oro-Medonte
Heritage Committee Agenda
Towrrshtpof �2�P�j' Robinson Room
Monday, March 27, 2023
Proud Heritage, Exciting Future 6:00 p.m.
Effective Monday, March 28, 2022, all Township facilities are open to the Public with
safety measures in place. We encourage social distancing and discretionary
masks/face coverings.
Residents and business owners are encouraged to continue to utilize on
line and telephone services for Township related business; and staff continue to be
available to provide assistance by telephone or email.
Input on agenda items are welcome and encouraged.
In-person attendance at public meetings is available.
The Township of Oro-Medonte is committed to providing and maintaining a working
environment that is based on respect for the dignity and rights of everyone within the
organization and for those individuals visiting our organization.
The Township of Oro-Medonte supports and fosters an environment that is safe,
welcoming and respectful for all residents, visitors, members of Council and staff.
Page
1. Agenda Approval:
a) Motion to Approve the Agenda.
2. Disclosure of Pecuniary Interest:
3. Approval of Minutes of Previous Meeting:
3 - 9 a) Minutes of Heritage Committee meeting held on Monday, October 3, 2022.
4. Reports of Members of Council/Municipal Officers:
10 - 300 a) Orientation:
1 . Introduction of Members;
2. Procedural By-law (By-law 2017-165 as amended);
3. Remuneration and Expenses By-law (By-law 2022-015);
4. Accessibility Policy (POL-AODA-4);
5. Ontario Heritage Act;
Page 1 of 356
6. O. Reg. 9/06 — Criteria for Determining Cultural Heritage Value or
Interest;
7. O. Reg. 385/21 — Regulation under the Ontario Heritage Act;
8. O. Reg. 570/22 — (amends O. Reg. 385/21);
9. Simcoe County Official Plan Excerpt;
10.Township of Oro-Medonte Adopted Official Plan Excerpt;
11.Heritage Committee By-laws (2019-021 & 2021-049);
12.Municipal Heritage Register Policy (POL-PR-013);
o Cultural Heritage Resource Evaluation Form
o Municipal Register Application Form (Correction/Removal)
13.Municipal Register— Listed and Designated Properties;
o Map (via Township website)
14.List of Cairns, Plaques, Monuments, Cemeteries and Churches in the
Township;
15.Orientation slides.
301 - 303 b) Catherine McCarroll, Intermediate Planner re: 2022-2026 Strategic Work
Plan.
304 c) Catherine McCarroll, Intermediate Planner re: Township Heritage Books.
305 - 306 d) Catherine McCarroll, Intermediate Planner re: 2023 Doors Open Simcoe
County - Saturday, August 26 & Sunday, August 27, 2023 10am-4pm.
307 - 332 e) Catherine McCarroll, Intermediate Planner re: 4454 Line 5 North.
5. Communications:
333 - 356 a) Correspondence from Community Heritage Ontario (CHO) re: Fall 2022 and
Winter 2023 Quarterly Newsletters.
6. Next Meeting Date:
To be Confirmed.
7. Adjournment:
a) Motion to Adjourn.
Page 2 of 356
3.a) Minutes of Heritage Committee meeting held on Monday, October 3, 20...
The Township of Oro-Medonte
T Heritage Committee Meeting Minutes
Township of
to Council Chambers
Proud Heritage,Exciting Future
Monday, October 3, 2022 5:31 p.m.
Present: Mayor H.S. Hughes (arrived @ 5:37 p.m.)
Councillor Cathy Keane, Chair
Councillor Tammy DeSousa, Co-Chair
Stephen Davids
Ruth Fountain
Dorothy Moore
Kayla Thibeault
Bob Tudhope
Jess Woodrow ebb,
Staff Present: Andria Leigh, Deputy CAO/Director, Development Services; Catherine
McCarroll, Intermediate Planner; Janette Teeter, Supervisor, Clerk's
Services/Deputy Clerk
4r --% %AP�4%7
Councillor Keane assumed the Chair and called the meeting to order.
1. Agenda Approval:
a) Motion to Approve the Agenda,
Motion No. HC221003-1
Moved by Fountain, Seconded by Tudhope
It is recommended that the agenda for the Heritage Committee meeting held on
Monday, October 3, 2022 be received and approved.
Carried.
Page 1 of 7
Page 3 of 356
3.a) Minutes of Heritage Committee meeting held on Monday, October 3, 20...
Heritage Committee Minutes — Monday, October 3, 2022.
2. Disclosure of Pecuniary Interest:
None declared.
3. Approval of Minutes of Previous Meeting:
a) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Motion No. HC221003-2
Moved by Woodrow, Seconded by Davids
It is recommended that the draft minutes of Heritage Committee meeting held on
Monday May 16, 2022 be received and approved as printed and circulated, as
amended.
NO N Carried.
4. Reports of Members of Council/Municipal Officers:
a) Roz Llewellyn, Manager, Facilities and Parks (Acting) re: Repair of Plaques, Monuments
and Cairns.
Motion No. HC221003 33
Moved by Davids, Seconded by Fountain
It is recommended 40
1 . That the verbal information presented by Roz Llewellyn, Manager, Facilities and
Parks (Acting) re: Repair of Plaques, Monuments and Cairns be received.
2. That it is recommended that the Township establish a program for the on going
assessment and maintenance of all Township owned Plaques, Monuments, and
Cairns.
3. That the funding for the maintenance program be established and approved through
the Township's annual budget process.
Carried.
Page 2 of 7
Page 4 of 356
3.a) Minutes of Heritage Committee meeting held on Monday, October 3, 20...
Heritage Committee Minutes — Monday, October 3, 2022.
5. Communications:
d) Correspondence dated September 21, 2022 from Moon Family Ad Hoc Committee re:
Moon Family Private Cemetery, Moonstone, Request to Place a Memorial Marker and/or
Tombstone on Moon Family Private Cemetery.
Sheila Craig provided additional verbal information.
Motion No. HC221003-4
Moved by Tudhope, Seconded by Moore
It is recommended
1. That the correspondence dated September 21, 2022 from Moon Family Ad Hoc
Committee re: Moon Family Private Cemetery, Moonstone, Request to Place a
Memorial Marker and/or Tombstone on Moon Family Private Cemetery be received.
2. That it is recommended to Council that the request be considered following the
approval of a Township standard for cemetery signage.
NEL ANEW Carried.
4. Reports of Members of Council/Municipal Officers:
b) Catherine McCarroll, Intermediate Planner re: Review of the Township of Oro-Medonte
Official Plan (Cultural Heritage & Archeological Resources Section, pages 151-155 of
the draft Official Plan).
Motion No. HC221003-5
Moved by Thibeault, Seconded by Woodrow
It is recommended that the correspondence presented by Catherine McCarroll,
Intermediate Planner re: Review of the Township of Oro-Medonte Official Plan (Cultural
Heritage & Archeological Resources Section, pages 151-155 of the draft Official Plan)
be received.
A, Carried.
c) Catherine McCarroll, Intermediate Planner re: Heritage Map.
Motion No. HC221003-6`
Moved by Moore, Seconded by Davids
It is recommended
1. The verbal information presented by Catherine McCarroll, Intermediate Planner re:
Heritage Map be received.
2. That it is recommended to Council that the information be posted to the Township
website as a working document to be updated by staff as required.
Carried.
Page 3 of 7
Page 5 of 356
3.a) Minutes of Heritage Committee meeting held on Monday, October 3, 20...
Heritage Committee Minutes — Monday, October 3, 2022.
d) Catherine McCarroll, Intermediate Planner re: Designation of the Rail Trail.
Motion No. HC221003-7
Moved by Thibeault, Seconded by Moore
It is recommended
1. That the verbal information presented by Catherine McCarroll, Intermediate Planner
re: Designation of the Rail Trail be received.
2. That Committee member Kayla Thibeault review and consider the listed items to be
brought back to a future meeting:
• Criteria set out in O. Reg. 9/06;
• Statement of cultural heritage value; A�f
• List of the heritage attributes to be preserved.
Carried.
IV \A&
e) Catherine McCarroll, Intermediate Planner re: Valleyview and Rugby Cemetery Signs
Update.
Motion No. HC221003-8
Moved by Moore, Seconded by Woodrow;
It is recommended
1. That the verbal information presented by Catherine McCarroll, Intermediate Planner
re: Valleyview and Rugby Cemetery Signs Update be received.
2. That is it recommended to Council that the Township staff and Heritage Committee
establish a standard for all cemetery signage for consistency.
3. That it is recommended to Council that the matter be referred to the 2023-2024
budget deliberations.
Carried.
f) Catherine McCarroll, Intermediate Planner re: 1933 Line 2 North Listing Update.
Motion No. HC221003-9
Moved by Thibeault, Seconded by Davids
It is recommended that the verbal information presented by Catheirne McCarroll,
Intermediate Planner re: 1933 Line 2 North Listing Update be received.
Carried.
Page 4 of 7
Page 6 of 356
3.a) Minutes of Heritage Committee meeting held on Monday, October 3, 20...
Heritage Committee Minutes — Monday, October 3, 2022.
g) Catherine McCarroll, Intermediate Planner re: Ontario Heritage Conference, June 17-19,
2022, Brockville.
Motion No. HC221003-10
Moved by Woodrow, Seconded by Thibeault
It is recommended that the correspondence presented by Catherine McCarroll,
Intermediate Planner re: Ontario Heritage Conference, June 17-19, 2022, Brockville be
received.
Carried.
h) Catherine McCarroll, Intermediate Planner re- Rugby Cemetery Update
Motion No. HC221003-11
Moved by Davids, Seconded by Thibeault
aohh�
It is recommended that the verbal information presented by Catherine McCarroll,
Intermediate Planner re: Rugby Cemetery Update be received.
Carried.
5. Communications:
a) Correspondence dated July 19, 2022 re: Real Estate Associations / Process for
Identifying Heritage Properties [from May 16, 2022 Heritage Committee meeting].
Motion No. HC221003-12
,Akkx
Moved by Moore, Seconded by Tudhope
It is recommended that the correspondence dated July 19, 2022 re: Real Estate
Associations / Process for Identifying Heritage Properties be received for information.
Carried.
Page 5 of 7
Page 7 of 356
3.a) Minutes of Heritage Committee meeting held on Monday, October 3, 20...
Heritage Committee Minutes — Monday, October 3, 2022.
b) Correspondence from the Simcoe County Historical Association and Community
Heritage Ontario re: Summer 2022 Quarterly Newsletters.
Motion No. HC221003-13
Moved by Woodrow, Seconded by Fountain
It is recommended that the correspondence from the Simcoe County Historical
Association and Community Heritage Ontario re: Summer 2022 Quarterly Newsletters
be received.
Carried.
c) Potential Submission of Articles for February 2023 Community Heritage Ontario (CHO)
Newsletter.
Motion No. HC221003-14
Moved by Moore, Seconded by Tudhope
It is recommended V4
1 . That the request from the CHO Representative, Grey Highlands re: Potential
Submission of Articles for February 2023 Community Heritage Ontario (CHO)
Newsletter be received. Wlqwllhhb. —
2. That it is recommended to Council that staff prepare a submission on the Oro
African Church based on past news releases.
Carried.
6. Next Meeting Date:
To Be Confirmed (TBC).
Page 6 of 7
Page 8 of 356
3.a) Minutes of Heritage Committee meeting held on Monday, October 3, 20...
Heritage Committee Minutes — Monday, October 3, 2022.
7. Adjournment:
a) Motion to Adjourn.
Motion No. HC221003-15
Moved by Davids, Seconded by Woodrow
It is recommended that we do now adjourn at 7.20 p.m.
Carried.
Councillor Keane, Chair Janette Teeter, Deputy Clerk
Page 7 of 7
Page 9 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No.2020-092 dated August 12,2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
The Corporation of the Township of Oro-Medonte
By-Law No. 2017-165
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 Nos. 2015-203,201646 and 2016-174
(Procedural By-law)
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. 2015-203, 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 amend By-law No. 2017-165, as amended, 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".
By-Law No. 2017-165,As Amended and Consolidated.
Page 10 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation-By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 2 of 35
Schedule "A"to By-law No. 2017-165 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 Clerk Required
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 Council/Committee
10.0 Use of Ballot for Determining Appointee
11.0 Voting
11.1 Voting-Head of Council
11.2 Voting-Chair of Committee or Technical Support Group of Council
11.3 Voting on Questions
11.4 Failure to Vote
11.5 Appeal of Declaration of Result
11.6 Equality of Votes
11.7 Recorded Vote
11.8 Voting-Closed Session Meeting
11.9 Voting-2/3 Vote Calculation
Page 11 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation-By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 3 of 35
12.0 Motions/Recommendations
12.1 Motions/Recommendations-General
12.2 Withdrawal of a Motion
12.3 Motion to Amend
12.4 Motion to Reconsider
13.0 Agendas
13.1 Council Agenda
13.2 Committee Agenda
13.3 Verbal Matters
13.4 Announcements
14.0 Agenda Section Headings
14.1 Call to Order-Moment of Reflection
14.2 Adoption of the Agenda
14.3 Disclosure of Pecuniary Interest
14.4 Closed Session Items
14.5 Minutes of Council and Committee
14.6 Recognition of Achievements
14.7 Public Meetings and Public Information Sessions
14.8 Deputations/Presentations
14.9 Identification from the Public of an Agenda Item of Interest.
14.9 Open Forum
14.10 Reports of Municipal Officers
14.11 Reports of Members of Council
14.12 Announcements
14.13 Consent Agenda
14.14 Communications/Petitions
14.15 Notice of Motions
14.16 By-laws
14.17 Closed Session Items(Unfinished Items)
14.18 Confirmation By-law
14.19 Adjournment
15.0 Suspension/Amendment of Procedure
Page 12 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 4 of 35
1.0 Definitions
That in this By-law:
a) "Agenda" means a list of all items to be considered by the
Council/Committee at the meeting for which the agenda was published.
b) "Closed Session" means a meeting, or portion thereof, closed to the public
in accordance with Section 239 of the Municipal Act, 2001, as amended.
c) "Committee" means an advisory committee or Technical Support Group of
Council or similar entity.
d) "Chair"means the person presiding over a meeting of Council or a
Committee/Technical Support Group.
e) "Clerk" means the Clerk of the Township of Oro-Medonte, or the Deputy
Clerk, 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 removed from the motion
and voted upon separately upon the request of a Member.
g) "Communications"means written submissions addressed to Mayor and Members
of Council,that meet procedural requirements and timelines,and require staff
input or report back direction from Council.
h) "Council' means the Council of The Corporation of the Township of Oro-
Medonte.
i) "Deputation" means an address to Council/Committee by an individual or
a group for the purpose of making a presentation for information or asking
for an action; and/or an individual or a group who have requested to
provide an address to Council/Committee.
j) "Emergency Meeting"means a meeting not scheduled in accordance with
the approved schedule of meetings and must be held as expeditiously as
possible.
k) "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.
1) "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.
m) "Improper Language"means the use of profane, indecent or obscene
language that is deemed, at the discretion of the Chair, to be disrespectful.
Page 13 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 5 of 35
n) "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.
o) "Meeting"means any regular, special, Committee or other meeting of
Council, or a Local Board or of a Committee of either of them.
p) "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.
q) "Public Record"Public Record"means a record required by law to be made and
kept,
a)record made by a public officer or a government agency in the course
of the performance of a duty,
b)a record filed in a public office.
r) "Recorded Vote" means the recording of the name and vote of every
Member on any matter of question.
s) "Resident'means an individual who resides or rents/owns property within
the boundaries of the Township.
t) "Special Meeting"means a meeting not scheduled in accordance with the
approved schedule of meetings.
u) "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.
v) "Township" means The Corporation of the Township of Oro-Medonte.
2.0 Notice of Meeting
a) The Clerk or designate shall ensure that the Agenda,for each regular meeting of
Council and/or Committee,shall be distributed to Council up to one day prior to,
but no later than noon on the last business day prior to its release to the public via
the Township website by end of the last business day of the week prior to the
meeting. The posting of the Agenda on the Township website shall constitute
public notice 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.
Page 14 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 6 of 35
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 Chair may cancel a meeting due to lack of items for consideration, or
the Clerk, in consultation with the Chair, may cancel a meeting when it has
been confirmed before the meeting that there will be a lack of quorum
present. Such cancellation shall be noted on the Township's website as
soon as is practical after the meeting has been cancelled.
f) The Clerk, or designate, shall provide notice of cancellation to Council,
Staff, and Media 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. The notice of cancellation shall be
posted on the Township's website, and may be communicated in any
other manner deemed appropriate for the circumstances of the
cancellation.
g) Lack of receipt of notice or Agenda for a meeting by any person shall not
affect the validity of the meeting or any action lawfully taken at the
meeting.
h) In the event the Township's website is unavailable for posting of a notice
or cancellation of a meeting, staff will take alternative measures to post a
notice or cancellation in a medium as available, such as but not limited to
at the Township's Administration Centre located at 148 Line 7 South, Oro-
Medonte.As soon as practicable after the website is available, the notice
or cancellation is to be posted on the Township's website.
i) The Corporate Services Division will ensure that information on how the public
may access the meeting will be provided on the meeting agenda and on the
Township website.
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.
Page 15 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 7 of 35
3.2 Regular Meeting Schedule of Council
The regular schedule of meetings for Council shall be:
a) Council Meetings on the second and fourth Wednesday of each month
(except July,August and December—as defined further in this section).
b) Council Meetings to commence at 3:00 p.m.with the Closed Session to commence
immediately following the opening of the meeting. The public session(Open
Session)shall reconvene immediately following Closed Session. Any unfinished
Closed Session matters may be carried forward to the Closed Session Items
(Unfinished Items)towards the end of the meeting agenda.
c) During the months of July and August,a Council meeting shall be held on the
Wednesday of the week,in which the 151h day falls between Sunday and Saturday.
These meetings to commence at 9:00 a.m.with the Closed Session to commence
immediately following the opening of the meeting. The public session(Open
Session)shall reconvene immediately following Closed Session. Any unfinished
Closed Session matters may be carried forward to the Closed Session Items
(Unfinished Items)towards the end of the meeting agenda.
d) During the month of December,meetings shall be held as follows:
i. The meeting on the second Wednesday of the month to commence at 9:00 a.m.
with Closed Session to commence immediately following the opening of the
meeting. The public session(Open Session)shall reconvene immediately
following Closed Session. Any unfinished Closed Session matters may be
carried forward to the Closed Session Items(Unfinished Items)towards the end
of the meeting agenda.
ii. On the third Wednesday,a regular Council meeting maybe dedicated to
Recognition at a time confirmed with the Head of Council.
iii. There shall be no meeting the fourth Wednesday of the month.
e) With the exception of c)and d)in the absence of a scheduled closed session the
public session(open session)shall commence at 3:00 p.m.
f) When a Development Services Committee meeting is held, there shall be a
Regular meeting of Council held immediately following the Development
Services Committee. This Regular meeting of Council shall be held solely for
the purposes to adopt the recommendations of the Development Services
Committee meeting and consideration of any Closed Session matters and
By-laws related to the Planning Act.
g) Meetings of Council/Committee shall be held at the Township of Oro-
Medonte Administration Centre, 148 Line 7 South, Oro-Medonte or any other
location within the municipality otherwise designated from time to time for
such purposes. The location shall be identified on the Agenda cover pages
for the said meeting.
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.
Page 16 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 8 of 35
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,notice shall be provided pursuant to Section 2.0 as
confirmed with the Head of Council.
j) Notwithstanding Section 3.2i),where a Regular meeting of Council is to be
held at a location within the Township as a Travelling Council meeting,
Council shall give notice, at least 30 calendar days in advance of such
meeting, by publication on the Township website and any other manner
which is deemed appropriate by the Clerk, to inform the Residents of the
area in which the meeting will be held.
3.3 Council Meetings—Special or Emergency
a) The Head of Council may, at any time, call a Special Meeting of the
Council.
b) The Clerk, in consultation with the Head of Council, may call 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 call 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.
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) If a Special Meeting of Council is summoned as the result of a request
from an applicant to deal with a specific matter before the next regular
meeting of Council, the applicant shall be responsible for all costs
associated with the Special Council meeting, including per diem and
mileage payments, etc. The minimum charge of$750.00 shall be
applicable in such circumstances where a Special Council meeting is
deemed to be a"half day".
h) The Head of Council may, at any time, call an Emergency Meeting of
Council without the required one calendar day notice where the Head of
Council 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.
Page 17 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 9 of 35
i) No business may be transacted at an Emergency Meeting of Council other
than the business dealing directly with the emergency or extraordinary
situation.
j) When the Head of Council calls an Emergency Meeting of Council, the
Clerk shall notify Members of Council of the meeting in the most expedient
manner.
k) 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) The majority of Members of such Committees or 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, in its sole discretion, may amend the appointment of any public
member to a Committee or 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 or Technical Support
Group specific procedural by-law, the provisions of this By-law, shall apply
when the Committee or 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 or Technical
Support Group 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 business day thereafter, unless otherwise provided
by resolution.
3.5 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.
This provision of the By-law may not be suspended.
4.0 Quorum
4.1 Quorum—Council
Page 18 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 10 of 35
a) Four(4)Members of Council shall be physically or electronically present to
discuss or otherwise deal with any matter in a way that materially advances the
business or decision-making of the Council,Local Board or Committee to
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 physically or electronically
present 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
Attendance shall be in person or electronically for Members of Council,Committee or
Local Boards. Electronic participation is permitted for Members of Council,Committee
or Local Boards.
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 or Technical Support Group meeting shall be at the Member's
own discretion and without per diem.
4.3.1 Electronic Meeting Participation
That while every effort shall be made by members to attend meetings physically in
person,during the following circumstances members may participate remotely in a
meeting to the extent and in the manner set out in this By-law.-
(a) It is not safe or possible to attend an in person meeting due to a natural weather
event(inclement weather),-
(b) Health and safety restrictions as determined by the Chief Administrative Officer
in consultation with the Head of Council;
(c) Restrictions,guidelines or recommendations set out by the Simcoe Muskoka
District Health Unit,the Ontario Provincial Police or the Province of Ontario;
(d) The activation of the Emergency Control Group or a declared emergency by any
level of government;
(e) Illness or disability;
(f) Need to care for a sick family member that makes in person attendance difficult;
or
(g) Trip/vacation that may make in person attendance difficult.
4.3.2 1n accordance with the criteria set out in 4.3.1 above,a member of Council,local
board or committee may participate fully in a meeting by electronic means(via
teleconference or video conference). This applies to regular,special,emergency and
Page 19 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 11 of 35
closed sessions of council and meetings of local boards and committees and Public
Meetings under the Planning Act or other Provincial legislation.
4.3.3 Electronic participation shall mean participation by teleconference or video
conference.
4.3.4 Electronic participation by members of Council,Local Boards and Committees
shall count towards quorum in accordance with section 238(3.3)(a)of the Municipal Act,
2001,as amended.
4.3.5 Members of Council,Local Boards and Committees shall be permitted to
participate electronically in a meeting that is open or closed"in camera"to the public in
accordance with section 238(3.3)(b)of the Municipal Act,2001,as amended.
4.3.6 Votes cast by members of Council,Local Boards and Committees electronically
shall be counted towards the overall decision by show of vote cards or if by
teleconference,by verbal means.
4.3.7 In the case that members of Council participate electronically in closed sessions,all
members must attest to the fact that they recognize they will be in a closed session and
are able to ensure confidentiality.
4.3.8 In the event of technical failure during the meeting,Council,the local board or
committee may take a recess to allow staff to reinstate the electronic participation.If a
member can no longer participate by electronic means,it will not affect the validity of the
meeting or decisions made.
4.3.9 Any member of Council participating remotely shall notify the Clerk,via email,as
soon as possible in advance of the meeting.
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.
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
Page 20 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 12 of 35
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 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").
ix) information explicitly supplied in confidence to the municipality or
local board by Canada, a province or territory or a Crown agency of
any of them (may be cited as"information explicitly supplied in
confidence to the municipality");
x) a trade secret or scientific, technical, commercial, financial or
labour relations information, supplied in confidence to the
municipality or local board,which, if disclosed, could reasonably be
expected to prejudice significantly the competitive position or
interfere significantly with the contractual or other negotiations of a
person, group of persons, or organization (may be cited as"trade
secret or scientific, technical, commercial, financial or labour
relations information, supplied in confidence to the municipality");
xi) a trade secret or scientific, technical, commercial or financial
information that belongs to the municipality or local board and has
monetary value or potential monetary value (may be cited as "a
trade secret or scientific, technical, commercial or financial
information that belongs to the municipality"); or
xii) a position, plan, procedure, criteria or instruction to be applied to
any negotiations carried on or to be carried on by or on behalf of
the municipality or local board (may be cited as"a position, plan,
procedure, criteria or instruction to be applied to any negotiations
related to the municipality").
b) A meeting or part of a meeting shall be closed to the public if the subject
matter being considered is:
i) 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;
ii) an ongoing investigation respecting the municipality, a local board
or a municipally-controlled corporation by the Ombudsman
Page 21 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 13 of 35
appointed under the Ombudsman Act, an Ombudsman referred to
in subsection 223.13 of the Municipal Act, or the investigator
referred to in subsection 239.2 of the Municipal Act.
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 or the procedural by-law)
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/
recommendations presented by the Members.
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.
1) To authenticate, by his/her signature when necessary, all by-laws (if
applicable), motions/recommendations and minutes of the
Council/Committee.
m) To represent and support the Council/Committee, declaring its decision in
all things.
Page 22 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 14 of 35
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 unilaterally adjourn the meeting without a motion, in the event of grave
disorder arising in the meeting place.
6.3 Vacate the Chair—Head of Council
a) If the Head of Council/Chair desires to introduce a motion or by-law,
he/she shall vacate 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.
b) The Clerk shall note in the minutes of the meeting when the Head of
Council/Chair vacates and resumes the chair.
6.4 Absence from Council Meeting
a) When the Head of Council knows in advance that he/she will be absent at
the commencement of a Council meeting, the Head of Council shall
advise the Deputy Mayor and Clerk as soon as possible prior to the
commencement of the meeting. In the event that the Head of Council and
Deputy Mayor will both be absent at the commencement of the Council
meeting, the Head of Council may appoint a Member of Council to preside
during the meeting or until the arrival of the Head of Council or Deputy
Mayor, and the Head of Council shall advise the Clerk of the appointment
as soon as possible prior to the commencement of the meeting.
b) In the unexpected 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.
c) 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 Head of
Council resumes the chair.
d) 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.
e) The seat of a member of Council 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.
f) If that member is prepared to show just cause why they should remain on the
Council,the continuation of their appointment shall be determined by Council.
g) Members of Council are required to inform the Clerk's office of any anticipated,
but unavoidable,absences from meetings
Page 23 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 15 of 35
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.
7.1 Absence from Committee or Technical Support Group Meeting
a) When the Chair of a Committee/Technical Support Group knows in
advance that he/she will be absent at the commencement of the meeting,
the Chair shall advise the ex-officio,Vice Chair if appointed, and the Clerk
as soon as possible prior to the commencement of the meeting. When a
Vice Chair is appointed, the Vice Chair shall assume the Chair for the
meeting. When there is no Vice Chair appointed, the ex-officio shall
assume the Chair for the meeting or until the arrival of the Chair. In the
event that the Chair and ex-off icio will both be absent at the
commencement of the meeting,the ex-officio may appoint a Member of
Council to act in an ex-officio capacity,to preside during the meeting or
until the arrival of the Chair or ex-officio, and the ex-officio shall advise the
Clerk of the appointment, in writing, as soon as possible prior to the
commencement of the meeting.
b) In the unexpected 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.
c) During the meeting,the Chair of a Committee or 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.
b) not resist the rules of Council or disobey the decision of the 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 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 speak until he/she has addressed himself/herself to the Chair.
e) not walk across or out of the Chamber/designated meeting place or make
Page 24 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12, 2020,2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 16 of 35
any noise or disturbance when the Chair is putting a question and shall
occupy his/her seat while a vote is being taken and until the result thereof
is declared.
f) not disclose any written or verbal information received at a meeting or part
of a meeting closed to the general public.
g) 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.
h) 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.
i) convey the position of Council once a question has been decided,
including when a Member had a minority opinion, while demonstrating
respect for democracy.
j) 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 Council shall:
i) Promote the general goals, objectives and policies of the Township.
ii) Convey the position of the Committee or 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;
Page 25 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12, 2020,2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 17 of 35
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 written 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, pursuant to
Township policy.
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.
Members of the public shall respect the dignity and rights of all persons present,
and shall not ridicule, demean or intimidate any person.
Members of the public who displays signs, posters, clothing or other advertising
devices, whether political or otherwise, that demonstrate a lack of respect for the
formal nature of the meeting may be requested, by the Chair to leave or remove
these items.
No person shall use offensive, insulting or Improper Language in or against the
Council/Committee or any Member thereof, employees of the Township or any
other person.
Any member of the public who contravenes any provision of this section, may be
requested to leave or be expelled from the meeting place by the Chair or in
accordance with the direction of Council.
The Chair may unilaterally suspend the meeting until order is restored in the
meeting place.
In the event of grave disorder arising in the meeting place, the Chair may
unilaterally adjourn the meeting without a motion.
Page 26 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 18 of 35
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
any other person.
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.
e) disobey the rules of Council/Committee or a decision of the Chair.
9.3 Rules of Debate—In Council/Committee
a) Every Member may participate in a meeting by in person or electronic means.
b) Every Member when speaking to any question or motion shall respectfully
address the Chair.
c) 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.
d) 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.
e) No Member shall speak more than once, except as outlined in Section
9.3 f), until every Member who desires to speak has spoken.
f) Upon verbal notification by the 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 Chair, a supplementary
Page 27 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 19 of 35
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.
g) The Chair may take part in any debate without leaving the Chair.
h) Upon consent by a 2/3 vote of the Members present, Council/Committee
may permit members of the public to speak to a specific matter on an
Agenda,without a formal Deputation, at the time the matter is being
considered in order to provide additional information that may assist
Council/Committee in rendering a decision on the matter.
10.0 Use of Ballot for Determining Appointee
a) Where Council wishes to appoint a Member of Council as its
representative to a Board, Commission, Committee, etc. and more
Members of Council than available vacancies have expressed an interest
in being the appointed representative, Council may use a ballot for
determining the appointee.
b) The Clerk shall provide a ballot to Members of Council with the names of
the Members who have expressed an interest in being the appointed
representative(s).
c) Each Member of Council shall select their preferred representative(s)on
the ballot, shall fold the ballot and return it to the Clerk.
d) The Clerk and another staff member shall tally the votes and the Clerk
shall announce the successful representative(s).
e) In the event of a tied vote, the Clerk shall draw a lot consisting of the
names that received the tied vote.
f) Following the announcement of the successful representative(s), the Chair
shall ask for a motion to destroy the ballots.
11.0 Voting
11.1 Voting—Head of Council
Notwithstanding Section 11.3 c), the Head of Council (except where disqualified
from voting by reason of interest or otherwise)may vote with the Members on all
questions.
11.2 Voting—Chair of Committee or Technical Support Group of Council
a) Members of Council sitting as Members of Committees or Technical
Support Groups of Council may not vote with the public Members of the
Committee or Technical Support Group on any question.
Page 28 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 20 of 35
b) Notwithstanding Section 11.2 a), Members of Council sitting as Members
of Committees or Technical Support Groups of Council may vote on any
question, when no public Members have been appointed to the Committee
or Technical Support Group.
11.3 Voting on Questions
a) When the 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 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 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.
c) 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.
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, unless otherwise set out in
this By-law or in any Act.
11.4 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.
11.5 Appeal of Declaration of Result
If a Member who has voted on a question disagrees with the declaration of the
Chair that the question is carried, or lost, he/she may, but only immediately after
the declaration by the Chair, appeal the declaration. On an appeal of the
declaration by a Member, the Chair shall call for a Recorded Vote to be taken on
the question in the manner prescribed in Section 11.7 of this By-law.
11.6 Equality of Votes
Where a vote on a question results in an equality of votes, the result shall be
deemed to be negative.
11.7 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 Chair, immediately following the request for a Recorded Vote, will put
the question again.
Page 29 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 21 of 35
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 Chair.
d) The Chair shall vote last.
11.8 Voting—Closed Session Meeting
a) Subject to Section 11.3, a meeting shall not be closed to the public during
the taking of a vote.
b) Notwithstanding Section 11.3, 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.
11.9 Voting—2/3 Vote Calculation
a) When a 2/3 vote is required, the following table sets out the number of
votes required to meet the 2/3 requirement:
#Members Present #Votes Required for 2/3 vote
7 5
6 4
5 4
4 3
12.0 Motions/Recommendations
12.1 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 Chair, and shall then be open for discussion prior to the
vote being taken. Immediately preceding the taking of the vote, the 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
Page 30 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 22 of 35
rule of procedure
iv) a motion to adjourn (not debatable)
v) a motion that the vote now be taken
vi) a "friendly"amendment
vii) a motion to defer shall not be considered until every Member who
desires to speak has spoken.
The Chair has the discretion to request that a friendly amendment to a
motion be in writing and signed by the mover and seconder.
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.
12.2 Withdrawal of a Motion
After a motion has been received and/or read by the 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.
12.3 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.
12.4 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.
Page 31 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 23 of 35
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.
13.0 Agendas
13.1 Council Agenda
a) Notwithstanding the Order of the Day for a regularly scheduled Council
meeting, an Agenda may be published with such section headings as may
be required and listing all matters to be considered.
b) Notwithstanding the Order of the Day,the Clerk has the authority to
arrange or omit headings as may be required to address the items of the
agenda.
c) 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 or staff 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, 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.
e) 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.
f) 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
13.1d), the matter shall be referred to the appropriate staff member for
consideration prior to being brought forward for Council's consideration.
g) Written comments received from the public,addressed to Mayor and Members of
Council,received by the Clerk's office by 3:00 p.m.on the business day prior to
the scheduled meeting,pertaining to an item on the current upcoming Council
agenda shall be forwarded directly to Council,in its original form,for their
consideration,as the governing body and decision-makers of the municipality. A
copy shall be filed with the Township as part of the public record and an
automatic receipt response will be provided to the sender.
h) The Order of the Day shall have preference during a regularly scheduled
Council meeting, save and except that the Chair may change the order at
any time during the meeting.
Page 32 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12, 2020,2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 24 of 35
Order of the Day
The business of Council shall be taken up in the following order:
1. Call to Order—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/Presentations
9. Identification from the Public of an Agenda Item of Interest.
10. Open Forum
11. Reports of Municipal Officers
12. Reports of Members of Council
13. Announcements
14. Consent Agenda
15. Communications/Petitions
16. Notice of Motions
17. By-laws
18. Closed Session Items(Unfinished Items)
19. Confirmation By-law
20. Adjournment
13.2 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) The Clerk shall publish an Agenda with such section headings as may be
required and listing all matters to be considered.
c) 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 or staff 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, 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.
d) 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.
Page 33 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 25 of 35
e) 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
13.2d), the matter shall be referred to the appropriate staff member for
consideration prior to being brought forward for Committee's
consideration.
f) Written comments related to an Agenda item when the comments are received by
the Clerk's office by 3:00 p.m.on the business day prior to the scheduled meeting
will be forwarded,in its initial form,to Council for their consideration,as the
governing body and decision-makers of the municipality. A copy shall be filed
with the Township as part of the public record and an automatic receipt response
will be provided to the sender. Any information contained in a written
submission,including contact information,will become part of the public record.
13.3 Verbal Matters
a) In the event that a matter is addressed during a meeting, and no report,
memorandum or correspondence exists 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 7 calendar 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.
13.4 Announcements
a) Announcements of Interest to the Public are to be provided to the Clerk's
office by 9:00 a.m. 7 calendar days prior to 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.
14.0 Agenda Section Headings
14.1 Call to Order—Moment of Reflection
As soon after the hour fixed for the Council or Committee/Technical Support
Group meeting as there is a quorum present,the Chair shall take the chair and
call the Members to order.
Land Acknowledgement
The Township of Oro-Medonte acknowledges that we are situated on the traditional land
of the Anishnaabek(A-nish-in-aa-beh)people,and ancestral territory of the Huron-
Wendat. The Anishnaabek include the Odawa[Oh-DAH-wah],Ojibwe[O-jib-we]and
Pottawatomi [boh-tah-WAH-toh-mee]nations,collectively known as the Three Fires
Page 34 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 26 of 35
Confederacy. It continues today as the home for diverse Indigenous Peoples including
the historic Metis Community in Penetanguishene.
The Anishnaabek people continue to have an enduring relationship with this land,
specifically the Chippewas of Rama First Nation,the Chippewa Tri-Council and
the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay
respect and protect their ancestors and heritage on this land. We honour the Indigenous
history and culture that has thrived for millennia in this territory and the Treaties that bind
us together as partners in the spirit of a shared sustainable and prosperous future. We are
all Treaty People. Our commitment begins with acknowledging the Truth so that we can
move forward together towards Reconciliation.
14.2 Adoption of the Agenda
A motion/recommendation will be brought forward to adopt the Agenda. The
motion/recommendation may include any addenda items which have been added
per the Procedural By-law, and/or written comments related to an Agenda item.
14.3 Disclosure of Pecuniary Interest
Every Member shall comply with the provisions of the Municipal Conflict of
Interest Act.
a) Where a Member has a pecuniary interest pertaining to any item listed on
a meeting Agenda, the Member shall so disclose the pecuniary interest in
writing, the general nature thereof, and shall provide such declaration in
writing to the Clerk,within 24 hours of the scheduled meeting. The Clerk
shall record the declaration in the minutes of the meeting, and maintain
the declaration in a registry.
b) When a Member has declared a pecuniary interest on a matter that is to
be considered during an open meeting, the Member shall leave the table,
and at his/her discretion may remain or leave the open meeting until the
matter has been dealt with.
c) When a Member has declared a pecuniary interest on a matter that is to
be considering during Closed Session, the Member shall leave the Closed
Session during the consideration of the matter.
14.4 Closed Session Items
a) A meeting or part of a meeting may be closed to the public as provided in
Section 239 of the Municipal Act.
b) Before all or part of a meeting is closed to the public, the Members shall
state by motion:
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)of the Municipal
Act, 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) Except as provided for in Section 239 of the Municipal,Act, a meeting
shall not be closed to the public during the taking of a vote. Any matters
Page 35 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 27 of 35
considered during Closed Session Items shall be brought forward and
voted upon when the Members rise from Closed Session.
d) 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.
14.5 Minutes of Council and Committees
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 motions/recommendations, decisions and proceedings of the meeting.
The minutes of the meeting shall record when the Chair has exercised the right to
unilaterally adjourn a meeting without a motion, in the case of grave disorder
arising in the designated meeting place, and shall identify any outstanding
agendas items that will be brought forward to a future meeting.
If there are multiple minutes listed, they shall be the subject of one motion,
unless a separate vote is required by a member of Council or deemed
appropriate by the Clerk.
14.6 Recognition of Achievements
Recognition of Achievements shall include Township employee recognition type
events, and written correspondence recognizing the accomplishments and
actions of Township staff and Council.
14.7 Public Meetings and 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 for an application, in accordance with the
Planning Act, may be conducted during a scheduled meeting of Council or
Committee, or if deemed necessary by the Clerk, or designate, may be
conducted as a separate meeting on a designated day.
c) Public Information Sessions may be conducted as a separate meeting on
a designated date in a format that is appropriate to provide the
information.
d) All Public Meetings/Public Information Sessions shall be digitally recorded,
Page 36 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 28 of 35
and such recording shall be available to the public through the Township
website.
e) Written comments related to a Public Meeting or Public Hearing,held in
accordance with the Planning Act,when the comments are received by the
Township will be forwarded,in its initial form,to the Development Services
Committee/Council for their consideration,as the governing body and decision-
makers of the municipality. A copy shall be filed with the Township as part of
the public record and an automatic receipt response will be provided to the
sender. Any information contained in a written submission,including contact
information,will become part of the public record.
14.8 Deputations/Presentations
a) Individuals or Groups 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 9:00 a.m. 7 calendar days prior to
the preferred meeting, stating the purpose of the Deputation. Deputations
must confine their remarks to the business stated in the prescribed form to
the Clerk. If the individual(s)/group requesting the deputation is unable to
present and would like an alternate individual to present on their behalf,
they may do so but a written authorization is required to be submitted to
staff prior to the start of the meeting and before the deputation
commences. Notwithstanding subsection (e)below this individual who
has presented on their behalf continues to be entitled to their ability for
one deputation in a calendar year.
b) Council/Committee may, at its sole discretion, entertain Deputations with
less notice as circumstances warrant. When determining if a Deputation
will be heard with less notice than stipulated in Section 14.8 b),
consideration shall be given to the Township's Accountability and
Transparency Policy.
c) Individuals representing an agency, in partnership with or a consultant for
the Municipality, may request(or be requested)to present information at a
Council meeting. Notice shall be provided to the Clerk no later than 7
business days prior to the meeting and include the information to be
presented.
d) Presentations may include the Township receiving and/or presenting an
award, certificate, cheque, etc.
e) Any individual/group/organization shall be limited to one (1)deputation in
a calendar year on the same subject matter, not including presentations
requested by Council or staff.
f) If an individual/organization has additional information to provide to
Council/Committee on the matter,they may provide written
correspondence to the Clerk to be placed on the next regular scheduled
Council agenda or, at the discretion of the Clerk, placed on a future
agenda where the matter will be debated by members.
g) Council/Committee will entertain up to three (3) Deputations/Presentations
per meeting.
h) Deputations shall be limited in speaking to not more than ten (10)minutes.
Page 37 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 29 of 35
i) A Deputation 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.
j) Upon consent of the majority of Members present,the ten (10)minute
time limit for Deputations may be extended.
k) Individuals/Groups requesting to appear before Council/Committee shall
be advised of the time limitation in advance of their Deputation.
1) Specific types of audio visual equipment may be used to assist in
Deputations to Council/Committee, provided that such equipment has
been requested from the Clerk at the time of the Deputation request. All
deputation materials must be provided in an electronic format to the Clerk
at the time of submitting the deputation request form to the Clerk.
m) The Chair may expel or exclude from the meeting, any individual who in
the opinion of the Chair, has behaved improperly.
n) Deputations appearing before Council/Committee with respect to the
same matter on the same agenda will be requested to limit their
Deputation so as not to repeat the same points.
o) Upon the completion of comments to Council/Committee by a Deputation,
any discourse between the Members of Council/Committee and the
Deputation 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
respecting their comments. Council may not respond to a deputation
during the meeting at which it occurs. All deputations shall either be
received for information, or shall be received for information and request
for further information from staff.
p) Deputations will not be permitted on items that shall be or have been the
subject of a scheduled public meeting pursuant to the Planning Act or
other relevant legislation. Persons should present their concerns and
opinions at the scheduled public meeting where their comments can be
considered along with all other submissions. Deputations to Council after
the Public Meeting has been completed and before Council has made its
determination will not be permitted.
q) Notwithstanding (p)above, persons may speak to a item that has been the
subject of a Public Meeting during the Open Forum portion of a Council
meeting where the item is included on the agenda.
r) Scheduling shall be at the discretion of the Clerk and may include
consultation with the Head of Council, CAO and appropriate Director.
s) No Deputation 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.
Page 38 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12, 2020,2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 30 of 35
t) No person will be permitted to address Council relating to any litigation
matters with respect to the Municipality.
u) For Emergency Council meetings or Public Meetings the Clerk/designate will
authorize all deputation requests to ensure they are related to agenda items for the
meeting.
14.9 Identification from the Public of an Agenda Item of Interest
Provides an opportunity for members of the public to identify an agenda item
which the public member may request be brought forward and considered earlier
in the meeting.
14.9 Open Forum
The Open Forum provides an opportunity for the public to provide verbal
comments to Council, in Open Session, on matters scheduled on the current
agenda, and shall be conducted as follows:
• Open Forum shall last no longer than 20 minutes;
• Each speaker shall be required to identify the agenda item they are speaking
to and provide their name and address, which may become part of the public
record;
• A speaker shall be limited to 2 minutes per agenda item;
• No response shall be provided to any question posed during Open Forum;
• No discussion, debate or decisions will occur during Open Forum;
• Each speaker is permitted to speak only once per agenda item;
• A speaker may provide comment on one agenda item and then shall step
aside to enable another to provide comment on an agenda item;
• No speaker shall speak to a second agenda item until other individuals have
had an opportunity to speak once;
• Speakers providing comment on the same agenda item, shall be requested to
limit their comments so as to provide additional information and not repeat the
same information provided by a previous speaker;
• Comments made during Open Forum will not form part of the minutes of the
meeting;
• Open forum registration requests for both in-person and electronic attendance shall be
submitted to the Clerk's Department through the Request for Public Participation
Form no later than 3:00 p.m.the day prior to the meeting or as otherwise noted on the
agenda.
• Depending on circumstances,an Electronic Meeting may not permit an in-person
Open Forum or deputations,but will permit electronic submissions received in
advance of the meeting. Open forum registration requests shall be submitted to the
Clerk's Department at as4endacommentnoro-medonte.ca.no later than 3:00 p.m.the
day prior to the electronic meeting or as otherwise noted on the agenda.
• The following matters will not be permitted during Open Forum:
o Comments/complaints against Members of Council or Township staff;
• Matters beyond the jurisdiction of Council or the Township;
o Closed Session agenda items, including current or pending litigation, or
Insurance claims and/or pending claims by or against the Township;
• Comments with respect to Minutes of Council and Committees;
o Comments that are contrary to the Municipal Freedom of Information and
Protection of Privacy Act;
• Comments with respect to any applications which have proceeded through
a Public Meeting in accordance with the Planning Act,with the exception
Page 39 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 31 of 35
of comment related to a recommendation contained within the Staff
Report.
• The Chair may conclude Open Forum prior to the 20 minute maximum time
limit, for non-compliance with the Open Forum parameters, Conduct of
Members of the Public, or any other reason.
14.10 Reports of Municipal Officers
(a)Staff Reports for Recommended Action
Staff reports for action includes matters for Council/Committee consideration
that requires action or direction. These reports are brought forward by
Township staff, including Township hired consultants and the Township's
appointed auditor.
(b)Staff Reports for Information
Staff reports for information includes matters for Council/Committee that are
being provided for informational purposes only and do not require a decision.
These reports are brought forward by Township staff, including Township
hired consultants and the Township's appointed auditor. All staff reports for
information may be adopted by one motion, but any of which may be removed
from the motion and voted upon separately upon the request of a Member or
at the discretion of the Clerk".
14.11 Reports of Members of Council
Reports of Members of Council includes"Updates from Council Representatives
—County of Simcoe and Township Partners and Agencies", as well as matters for
Council consideration/information that are brought forward by the Members of
Council.
a) Updates from Council Representatives—County of Simcoe and Township
Partners and Agencies:
Provides an opportunity for the Township's representatives at the County of
Simcoe, and the Council members appointed as the Township's
representatives at the Township's Partners and Agencies, to deliver updates
on the activities of the County of Simcoe and the Township's Partners and
Agencies.
14.12 Announcements
The Chair may call on members to state items related to events that are taking place
within their ward/municipality,i.e.,community events and/or Mayor events i.e.golf
tournament,etc. The member of Council may state the event noting date/time. There is
no discussion/debate and any Announcements will not form part of the minutes of the
meeting.
14.13 Consent Agenda
Consent Agenda includes"Announcements of Interest to the Public",received from
Federal,Provincial and Regional levels of Government and agencies,resolutions from
other municipalities,associations,municipal partners/stakeholders,businesses,etc.,that
appear as 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
Page 40 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 32 of 35
removed from the motion and voted upon separately upon the request of a Member.
14.14 Communications/Petitions
a) Petitions designed to be presented to Council/Committee and filed with
the Clerk shall meet the following requirements:
i) The petition must be addressed to the Township and request a
particular action within the authority of Council;
ii) Petitions must be legible, typewritten or printed in ink(no pencil);
iii) The text of the petition must be listed at the top of each page for
multiple-page petitions. Pages should be numbered and total
number of pages indicated;
iv) The petition must be appropriate and respectful in tone, and must
not contain any improper or offensive language or information;
v) Each petitioner must print and sign his or her own name. A paper
petition must contain original signatures only,written directly on the
petition;
vi) Each petitioner must provide his or her full address;
vii) For electronic petitions, petitioners must provide name, address
and a valid e-mail address; and
viii) The petition must clearly disclose on each page that it will be
considered a public document by the Township of Oro-Medonte
and the information contained in it may be subject to scrutiny as
part of the public record.
b) Communications designed to be presented to Council/Committee and filed
with the Clerk shall meet the following requirements:
i) Communications must be legible, typewritten or printed in ink(no
pencil);
ii) The communication must be appropriate and respectful in tone, and
must not contain any improper or offensive language or information;
iii) Every communication shall be dated and shall include the name of
at least one person, and an address where return correspondence
or contact is to be directed to. Paper communications shall contain
signatures; and
iv) Every communication shall be considered a public document by the
Township or Oro-Medonte and all information contained in the
communication will become part of the public record of the meeting
at which it is received.
c) Communications,as described in 1.0 g)Definitions above,addressed to Mayor
and Members of Council that require staff input or require report back direction
from Council,may be placed on a Council agenda for disposition,at the Clerk's
discretion,in consultation with the Head of Council and Chief Administrative
Officer/Deputy Chief Administrative Officer.
Page 41 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 33 of 35
d) Every communication or petition,to be printed on an agenda,shall be delivered to
the Clerk no later than 9:00 a.m. 10 calendar days prior to the meeting. If,in the
Clerk's opinion,the petition is of a time sensitive nature,the Clerk may bring
forward such petition for Council/Committee consideration,after the
aforementioned deadline.
14.15 Notice of Motions
Notice of Motion"means an advance notice to Members of a matter on which
Council will be asked to take a position.
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 14.15 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 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.
14.16 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.
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.
h) The Clerk is authorized to make such minor additions, deletions or correct
other grammatical and clerical errors or changes in form to any by-law
before same is signed and sealed, for the purpose of ensuring correct and
complete implementation of the action of Council forming the subject
matter of the by-law.
i) 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
Page 42 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12, 2020,2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 34 of 35
and the Head of Council or Chair and shall be deposited by the Clerk in
the office for safekeeping.
j) By-laws approved in accordance with this Procedural By-law will be
available on the Township's website once signed by the Head of
Council/Chair and Clerk.
14.17 Closed Session Items (Unfinished Items)
Any matters considered during Closed Session Items that were not concluded
prior to rising from Closed Session, are brought forward to Closed Session Items
(Unfinished Items)to enable for discussion on the matters so that they may be
brought forward and voted upon when the Members rise from Closed Session
Items(Unfinished Items).
14.18 Confirmation By-law
Council shall adopt a Confirmation By-law at every meeting to confirm the
decisions of Council. The Confirmation By-law confirms that the actions of
Council in respect to each motion, resolution or other actions passed and taken
by Council at a Council meeting, except where prior approval of the Ontario
Municipal Board or other authority by law is required, is thereby adopted, ratified
and confirmed as if all such proceedings were expressly embodied in a by-law.
The Confirmation By-law shall be listed separately on the agenda and enacted by
one motion that is not amendable or debatable.
14.19 Adjournment
a) Meetings shall adjourn 4 hours after their scheduled commencement
unless this rule is temporarily suspended by motion of the majority of the
Members present.
b) In the event of grave disorder arising in the meeting place, the Chair may
unilaterally adjourn the meeting without a motion.
c) A meeting lasting 4 hours or less shall be deemed to be a"half day" in
accordance with the Township's Remuneration By-Law.
2. Technical Interrupfion(s)/Failure
a) In the event of a Township connection/service interruption with the electronic
meeting or a question as to the performance of the meeting technology impacting
the meeting,the Chair may recess the meeting to confirm the electronic format is
performing effectively before proceeding with the meeting.
b) In the event of technical difficulties/failure during the meeting that cannot be
resolved,the Chair may unilaterally adjourn the meeting after thirty(30)minutes
of the technical failure.
c) A subsequent meeting to deal with those items not dealt with shall be scheduled
as soon as possible thereafter.Notice of the disruption shall be noted in the
minutes of the meeting.
d) Information Technology(IT)Staff shall ensure that the video conference is
available to members of the public and other stake holders via the Township's
YouTube channel or similar streaming platform.
Page 43 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201...
Office Consolidation—By-Law No. 2017-165, as amended by
By-Law No.2020-009 dated February 26,2020;
By-Law No. 2020-092 dated August 12,2020, 2020;
By-Law No.2020-097 dated September 9,2020;
By-Law No. 2021-004 dated January 13, 2021
By-Law No 2021-131 dated December 8, 2021
By-Law No. 2022-033 dated March 23, 2022
By-Law No. 2022-077 dated August 18, 2022
By-Law No. 2023-003 dated January 11, 2023
Page 35 of 35
15.0 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 provided in writing on a meeting agenda of Council.The waiving of this
notice by the Council is prohibited.
Page 44 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
The Corporation of the Township of Oro-Medonte
By-law No. 2022-015
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 No. 2020-010
(Remuneration and Expenses By-law)
Whereas Section 283(1)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 any local board of the municipality and of the officers and employees of the
local board.
And Whereas Section 283(2)of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that, despite any Act, a municipality may only pay the expenses of
the members of its council or of a local board of the municipality and of the officers and
employees of the municipality or local board if the expenses are of those persons in
their capacity as members, officers or employees and if,
(a)the expenses are actually incurred; or
(b)the expenses are, in lieu of the expenses actually incurred, a reasonable estimate, in
the opinion of the council or local board,of the actual expenses that would be
incurred.
And Whereas Section 283(7)of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that, on or after December 1, 2003, a council shall review a by-law
under subsection(5)at a public meeting at least once during the four-year period
corresponding to the term of office of its members after a regular election.
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 No. 2020-010 is hereby repealed.
3. This by-law shall take effect on November 15, 2022.
By-law read a First, Second and Third time, and Passed this 91h day of February,
2022.
The Corporation of the Township of Oro-Medonte
1�1
Mayor, H. . Hdahes n
Cle . ,Yvonne Aubichon
Page 45 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Schedule "A"
to By-law No. 2022-015
Remuneration of Council Members
1. The annual remuneration for Members of Council for 2022 shall be:
Mayor $49,649
Deputy Mayor $32,848
Councillors $ 26,757
2. That the annual remuneration for Members of Council shall be the cost of living
adjustment provided to bargaining unit excluded staff for the current year.
3. 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
Where a Member of Council attends multiple meetings on the same day, which are
eligible for per diem payments,the Member of Council shall be entitled to a single
per diem not to exceed the full day meeting per diem identified above.
4. The per them stipulated in Section 3 shall exclude the fallowing:
4.1 Attendance at regularly scheduled Council/Council Committee Meetings, as
defined in Regular Meeting Schedule of the Procedural By-law
4.1.1 Regularly scheduled Council/Council Committee Meetings include:
i) Council Meetings
ii) Development Services
4.2 Attendance at a function for the purpose of presenting Congratulatory
Certificates on behalf of the Township; and
4.3 Attendance at special functions/events where the Township has purchased a
ticket for the Member, such as Awards Dinners, etc.
5. The per them stipulated in Section 3 shall apply to the following:
5.1 Attendance at Special meetings of Council, as defined in the Procedural By-law;
5.2 Attendance at Orientation Sessions as defined as education and training as
organized by the Corporation for the purpose of on boarding new members of
Council subsequent to swearing of oaths or by resolution of Council;
5.3 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;
5.4 Attendance at meetings of Committees, local boards, 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. No per diem or
mileage shall be provided where the appointed member receives compensation
from the external body.
5.4.1 Committees and local boards include:
i. Joint Accessibility Advisory Committee
ii. Heritage Committee
iii. Human Resources Committee
iv. Barrie Area Physician Recruitment
v. County Council Alternate
vi. Lake Simcoe Region Conservation Authority
vii. Nottawasaga Valley Conservation Authority
Page 46 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
viii. Orillia &Area Physician Recruitment
ix. Orillia Chamber of Commerce
x. Oro-Medonte Chamber of Commerce
xi. Severn Sound Environmental Association
xii. Top Aggregate Producing Municipalities of Ontario
xiii. Orillia Public Library Board
5.5 Attendance at conferences, conventions and seminars as authorized by
resolution of Council;
5.6 Attendance by the Mayor, and/or his/her designate(s) including the Mayor in
his/her capacity as ex-officio, and/or his/her designate(s), in an ex-officio
capacity and Members of Council, at meetings required for a specific purpose
relative to municipal business and at business functions as representatives of
the Municipality,that are authorized by resolution of Council.
Page 47 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Schedule "B"
to By-law No. 2022-015
Remuneration of Public Members of Local Boards &Committees
1. The Public Members of the:
• Heritage Committee
• Property Standards Committee;
shall receive per diem payments as follows:
+ $ 80.00 for each half day or evening meeting;
• $ 160.00 for each full day meeting.
2. The Public Members of the:
• Fence-Viewers
shall receive per diem payments as follows:
• $ 80.00.
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;
3.2. Attendance at conferences, conventions and seminars as authorized by
resolution of Council;
3.3. Attendance at meetings required for a specific purpose relative to municipal
business and authorized by resolution of Council.
4. 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 48 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Schedule"C"
to By-law No. 2022-015
Expenses for Members of Council, Council's Appointees to Local Boards and
Committees/Technical Support Groups and Employees
1. Per Kilometer Payments
1.1 Effective January 1, 2020,the municipality shall compensate Members of
Council, Council's Appointees to Local Boards&Committees/Technical
Support Groups and Employees at the Township approved per kilometer rate
for the use of non-township owned vehicles.
1.1.1 That the per kilometer rate will be adjusted on January 1st each year
to the Canada Revenue Agency(CRA) rate for Ontario.
1.2 Members of Council shall receive a per-kilometer payment as outlined further
in this section:
1.2.1 Members of Council shall receive a per-kilometer payment for travel
from their residence and back to attend:
i. meetings at the Township Administration Centre and as outlined
in Section 4.1.1 and Section 5 of Schedule"A",
ii. conferences, conventions and seminars stipulated in Section 3 of
Schedule "C",
iii. upon submission of Meeting and Mileage Expense Statements.
1.3 Per kilometer payments as defined in this section will be charged against the
individual Council Members' annual Constituent Support and Professional
Development(CSPD)allocation as outlined in Section 4 of Schedule"C".
1.4 Members of local boards&committees 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„
1.5 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.
I Conferences, Conventions, Seminars and Meetings
Attendance at conferences, conventions, seminars and meetings for Members of
Council shall be pre-authorized by Council resolution or in accordance with
Township policy.
3.1 The following expenses shall be paid upon submission of receipts:
i) Hotel/Motel accommodation - actual cost
ii) Parking -actual cost
iii) Registration -actual cost
iv) Meals and incidental expenses -actual cost
Page 49 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
3.2 Costs associated with conferences, conventions, seminars and meetings will
be charged against the individual Council Members' annual Constituent
Support and Professional Development(CSPD)allowance as outlined in
Section 4 of Schedule C.
4. Council Expense Allocation: The approved annual budget will include an annual
allowance of$6,600 for the Mayor and $5,600 for each Member of Council to cover
the cost of Constituent Support and Professional Development(CSPD)expenses.
4.1 Eligible expenses include:
i) Conferences and seminars as defined in Section 3 of Schedule°C"
ii) Promotional material related to Township Business
iii) Constituent Newsletters &associated postage costs
iv) Monthly internet plan (to a maximum of$75 per month)
v) Subscriptions related to Township Business or municipalities in general
vi) Parking related expenses save and except parking fines.
vii)Expenses related to Constituent&ward meetings
viii)Social Events and Banquets
ix) Mileage Reimbursement as defined in Section 1 of Schedule"C".
x) An expense authorized by resolution of Council within the CSPD
Allocations.
4.2 Ineligible expenses include but are not limited to:
i) Additional accommodation for days outside of a formal Conference
and/or seminar
ii) Alcohol and alcoholic beverages
iii) Companion registration fees and expenses at Conferences
iv) Personal entertainment(e.g. sight-seeing, concerts, sporting events, etc.)
v) Donations
vi) Costs associated with materials or supplies for a display,float or parade
etc. unless authorized by resolution of Council
vii)Personal services(e.g. shoe shine, valet service, spa treatments, etc.)
viii)Personal vehicle costs beyond mileage(e.g. maintenance, repair, etc.)
ix)Traffic and parking fines
4.3 Corporate promotional items: Township pins, flags and other Township
promotion items may be made available from time to time to Council
Members,for distribution to the public and service clubs. The associated
costs will be charged against the individual Council Members'annual CSPD
allowance.
4.4 Expenses shall be paid upon submission of the Expense Statements with
receipts on a monthly basis.
4.5 A recap of expenses relating to the annual allowance will be prepared
quarterly, distributed to Members for information and posted on the
Township website annually.
4.6 Costs exceeding the annual CSPD allowance shall be borne by the
individual Council Member except where authorized by Council Resolution.
5. Expense Statements
5.1 Statements for expenses shall be submitted in a form determined by the
Township.
6. Mobile Devices
6.1 The municipality shall be responsible for the issuance of Mobile devices and
related monthly plan costs in accordance with the current information
technology mobile device policy.While engaged in Municipal business,
Council Members shall arrange an appropriate out of country mobile device
plan in order to avoid excessive roaming charges.
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4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Tr h' of Policy
Proud Heritage, Exciting Future
Department/Section Policy and Procedures for
All POL-AODA-4
Subject Enacted by Council:
October 12, 2016
Accessibility Policy Motion #
C 161012-16
1. Background
The Accessibility for Ontarians with Disabilities Act, 2005 ("AODA") was passed with the
purpose of developing, implementing and enforcing accessibility standards in order to
achieve accessibility for all persons with disabilities with respect to goods, services, facilities,
accommodations, employment, buildings structures and premises.
The purpose of the Accessibility Policy is to govern how the municipality will achieve
accessibility measures as required through the AODA, and applicable Regulations and
Standards.
2. Definitions
"Assistive device" shall mean a device used to assist persons with disabilities in carrying out
activities or in accessing goods and services provided by the Township of Oro-Medonte.
"Accessible format" may include, but are not limited to, large print, recorded audio, electronic
formats such as HTML, PDF, TIFF and MS Word, braille, read, write or draw, closed
captioning, assistive devices, sign language or interpretation, repeating, clarifying or restating
the information, and other formats usable by persons with disabilities.
"Communications" means the interaction between two or more persons or entities, or any
combination of them, where information is provided, sent or received.
"Communication supports" may include, but are not limited to, captioning, alternative and
augmentative communication supports, plain language, sign language and other supports
that facilitate effective communications produced by the Township.
"Disability" shall mean:
a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by
bodily injury, birth defect or illness and, without limiting the generality of the foregoing,
includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation,
lack of physical co-ordination, blindness or visual impediment, deafness or hearing
impediment, muteness or speech impediment, or physical reliance on a guide dog or
other animal or on a wheelchair or other remedial appliance or device;
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b) a con ditio440nQ 0140040goHgL4@IQJrA4gf1 'gpbiRi cedural By-law (By-law 201 ...
c) a learning disability, or a dysfunction in one or more of the processes involved in
understanding or using symbols or spoken language;
d) a mental disorder; or
e) an injury or disability for which benefits were claimed or received under the insurance plan
established under the Workplace Safety and Insurance Act.
"Employees" shall mean every person who deals with members of the public or other third
parties on behalf of the Township, whether the person is authorized to does so as an
employee, agent, volunteer or otherwise.
"Information" includes data, facts and knowledge that exists in any format, including text,
audio, digital or images, and that conveys meaning.
"Person with a disability" shall mean those individuals that are afflicted with a disability as
defined under the Ontario Human Rights Code.
"Regulated Health Professional" as defined under the Regulated Health Professions Act.
"Service Animal" shall mean any animal used by a person with a disability for reasons relating
to the disability where it is readily apparent that the animal is used by the person for reasons
relating to the disability; or where the person provides a letter from a Regulated Health
Professional or the Attorney General of Canada confirming that the person requires the
animal for reasons relating to the disability; or a valid identification card signed by the
Attorney General of Canada or a certificate of training from a recognized service animal
training school.
"Support person" shall mean a person who accompanies a person with a disability in order to
assist the person with communication, mobility, personal care, medical needs or with access
to goods and services.
"Township" shall mean The Corporation of the Township of Oro-Medonte.
3. General Statement
The Township shall use reasonable efforts to ensure that its policies and procedures are
consistent with the following principles:
• The goods and services will be provided in a manner that respects the dignity and
independence of persons with disabilities;
• The provision of goods and services to persons with disabilities, and others, will be
integrated unless an alternate measure is necessary, whether temporarily or on a
permanent basis, to enable a person with a disability to obtain, use or benefit from the
goods and services;
• Persons with disabilities will be given an opportunity equal to that given to others to
obtain, use and benefit from the goods and services;
• Persons with disabilities may use assistive devices and/or support persons in the access
of goods and services;
• Communication with a person with a disability shall be done in a manner that takes into
account the person's disability.
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This policy ($MTkaw 201 ...
public as an employee for the Township (see definition of "employee").
In order to assist persons with disabilities access our services, employees can:
• Ask how they can help.
• Offer a variety of methods of communication and how to interact with persons with
disabilities. And,
• Understand the nature and scope of the service offered.
A list of types of assistive devices will be maintained, reviewed and amended periodically,
and attached to this Policy as Appendix "A".
4. General
The Township is committed to meet the accessibility needs of persons with a disability in a
timely manner, including but not limited to:
i) Accessibility Plan
The Township will establish, implement and maintain a multi-year Accessibility Plan (Plan)
which will outline the Township's strategy to prevent and remove barriers and meet its
requirements under the AODA.
The Plan will be reviewed by the Township's Accessibility Advisory Committee (AAC) and
approved by Council at least once every five years. All members of the public, are
encouraged to provide input into the development of the Plan.
An Annual Status Report will be created which will identify the progress of the measures
taken to implement the Plan. The Report will be presented to the AAC and Council.
The complete Accessibility Plan and Annual Status Report will be available to the public
through the Township's website and at the Township's Administration Centre. Upon request,
it can be presented in an accessible format.
ii) Procuring or Acquiring Goods, Services or Facilities
As per the Procurement By-law, as amended, the Township encourages:
a) When procuring goods or services, the Township shall have regard, in addition to quality,
cost and timing, the incorporation of accessible criteria and features, where possible, to
prevent barriers to access for people with disabilities. The Ontarians with Disabilities Act,
2001, S.O. c. 32, and the Corporate Accessibility Plan require that when deciding to
purchase goods or services, Building Construction and equipment, the Township is to
have regard to the accessibility for persons with disabilities to the goods or services. As
such, the Township is committed to accessibility principles and is taking steps to improve
accessibility within the Township in accordance with the Ontarians with Disabilities Act.
b) If it is not deemed possible to procure accessible goods, services or facilities, the
Township will provide an explanation as to why it did not obtain accessible goods,
services or facilities when asked and will provide the explanation in the most suitable
accessible format to the requester.
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4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
c) Any successful bidder who provides customer service on behalf of the Township is legally
responsible with the provisions outlined in Ontario Regulation 429/07 with respect to
training. The successful bidder shall ensure that such training includes, without limitation,
a review of the purposes of the Act and requirements of the regulation, as well as
instruction regarding all matters set out in the regulation. By signing the Forms of
Quotations, Tenders or Proposals, the contractor has agreed to be in full compliance with
this regulation. Additionally, the successful bidder will review and acknowledge the
Township's Accessibility Policy."
If the Township determines that it is not practicable to incorporate accessibility criteria and
features when procuring or acquiring goods, services or facility, an explanation will be
provided upon request.
iii) Training
The Township is committed to ensuring training is provided on the requirements of the
accessibility standards to all employees, persons who participate in the developing of
Township policies, and all other persons who provide goods and services on behalf of the
municipality.
Employees will be trained as soon as practicable. Training will also be provided in respect to
changes in the policy on an ongoing basis and scheduled at a minimum of twice per year to
ensure that all new employees are trained, as well as the opportunity for re-training is
provided in a timely manner. Training dates, times and locations will be sent to the Senior
Management Team, Hall Boards and any other applicable group(s) to provide Staff with a list
of attendees.
Records of the training will be maintained — including dates and names of individuals trained.
The amount or format of training will be tailored to suit each employee's interactions with the
public on behalf of the Township, and in accordance with the requirements of the Act and
Regulations. The content of the training will include, but not limited to:
• areas of the accessibility standards that are relevant to their work responsibilities:
o employment;
o information and communications;
o transportation;
o design of public spaces.
• the Ontario Human Rights Code (where it relates to people with disabilities).
• when the Township makes any changes to the Accessibility Policy or applicable
procedures.
5. Information and Communication
a) Communicating with Persons with Disabilities
• When communicating with a person with a disability, employees shall do so in a manner
that takes into account the person's disability;
• Should the Township be requested to provide a person with a disability a public document
or information, the Township will take into consideration the communication needs of the
person with the disability and provide the document or information in a format that is
agreed upon by the person with the disability;
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• If one 201 ...
Township will do their best to provide another form or method, or a combination.
Practices and Procedures — In person
• Treat people with disabilities with the same respect and consideration you have for
everyone else;
• Patience, and a willingness to find a way to communicate are your best tools,
Smile, relax, and keep in mind that people with disabilities are just people;
• Don't make assumptions about what type of disability or disabilities a person has;
Some disabilities are not visible, take the time to get to know your customers' needs;
Be patient, people with some kinds of disabilities may take a little longer to understand
and respond;
If you're not sure what to do, ask the person "May I help you?";
If you can't understand what someone is saying, just politely ask again;
• Ask before you offer to help. Persons with disabilities know if they need help and how you
can provide it;
• Find a good way to communicate, a good start is to listen carefully;
Look at your customer, but don't stare;
Speak directly to a person with a disability, not to their interpreter or someone who is with
them;
Use plain language and speak in short sentences;
Don't touch or address service animals as they are working and have to pay attention at
all times;
Ask permission before touching a wheelchair or a piece of equipment.
Practices and Procedures — Over the telephone
• Speak clearly and directly;
• Don't worry about how their voice sounds, concentrate on what's being said;
• Be patient, don't interrupt and don't finish the person's sentences. Give the person time to
explain him/herself;
If you don't understand, just ask again;
If you're not certain what was said, just repeat or rephrase what you've heard;
If the person is using an interpreter or a TTY line, speak to the person, not to the
interpreter;
• If the person has great difficulty communicating, make arrangements to call back when it's
convenient to speak with someone else.
b) The Township shall use reasonable efforts to ensure that its policies and procedures are
consistent with the following principles:
• Shall, upon request, provide or arrange for the provision of accessible formats and
communication supports for persons with disabilities in a timely manner that takes into
account the person's accessibility needs, at a cost that is no more than the regular cost
under the Township's Fees and Charges By-Law (if applicable).
• Shall consult with the person making the request in determining the suitability of an
accessible format or communication support;
• Shall notify the public about the availability of accessible formats and communication
supports;
c) As provided by the IASR, exemptions to the provision of accessible documents may
include:
• When the technology to convert the information is not readily available; or
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• The inforr4aq�p�gpgti@fit,i�R4pgygipgidqf NkpAEgd FSpq§dNgA)6)@ lviri(gy-law 201 ...
meaningful way (examples: visual information in an architectural blueprint).
• If it is not possible to convert the requested material, the Township will provide the
requester with an explanation as to why the information or communications are
unconvertible and a summary of the information or communications requested.
6. Communication Practices
i) In-House Printed Material and Publications
In-house printed material and publications produced on behalf of the Township shall contain
a note indicating "alternative formats are available upon request" and include relevant contact
information. Where possible, Township publications shall adhere to the CNIB's Clear Print
Standards', being, but not limited to:
• Use high contrast colours for text and background (examples: black or dark blue text on a
white or yellow background, or white/yellow text on a black/dark blue background, avoid
use of red);
• Printed material is most readable in black and white and reserve coloured text for titles,
headlines or highlighted material;
• Keep the text preferably between 12 and 18 points;
• Leading space, which is the space between lines of text, should be at least 25 to 30
percent of the point size;
• Use an Arial or Tahoma font;
• Use fonts with medium heaviness and avoid light type with thin strokes (examples: when
emphasizing a word or sentence, use a bold or heavy font; avoid italics or upper-case
letters);
• Choose a monospaced (non-justified) font rather than one that is proportionally (justified)
spaced, keep a wide space between letters;
• Separate text into columns to make it easier to read;
• Use wide binding margins or spiral bindings if possible;
• Use flat pages;
• Use a matte or non-glossy finish to cut down on glare;
• Avoid watermarks or complicated background designs;
• Use distinctive colours, sizes and shapes on the covers of materials to make them easier
to tell apart;
• Avoid using the return key to add multiple spaces.
ii) Marketing and Promotional Materials and Publications
a) In-house marketing and promotional materials and publications produced on behalf of the
Township may deviate from the CNIB's Clear Print Standards to allow for the marketing
and promotional materials and publications to be reflective of the messaging. The
Township shall, upon request, provide or arrange for the provision of accessible formats
and communication supports for persons with disabilities in a timely manner that takes
into account the person's accessibility needs, at a cost that is no more than the
Township's Fees and Charges By-Law (if applicable).
lhttp://www.cnib.ca/en/services/resources/Clearprint/Documents/CN I B%20CIear%2OPrint%2
OGuide.pdf
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b) ElectronicQnl'tdQ@I@ ipu%l fi@4 pop afd Pop B�MfpofF?�@q �AliPM74*4By-law 201 ...
provided in electronic formats such as, but not limited to, HTML, PDF, TIFF or MS Word.
c) Should the Township be requested to provide a person with a disability a public document
or information, the Township will take into consideration the communication needs of the
person with the disability and provide the document or information in a format that is
agreed upon by the person with the disability.
d) If one form or method of communication cannot be used by a person with a disability, the
Township will do their best to provide another form or method, or a combination.
• Say what you mean, write what you mean;
• Use the verb form rather than the noun form (avoid use of impersonal tone);
• Use an active voice rather than a passive voice by using the word order: subject, verb and
object);
• Use positive rather than negative;
• Cut out unnecessary words;
• Keep paragraphs short;
• Leave space between paragraphs;
• Offer a verbal explanation of the information they are seeking;
• Offer to provide the document in an abbreviated format and with extra white space.
7. Types of Disabilities
Below are a few types of disabilities and in no way excludes other types of disabilities.
a) Physical Disabilities
Physical disabilities include a range of functional limitations in moving or coordinating one or
more parts of the body (i.e. muscle weakness, tremors, paralysis, Muscular Dystrophy,
tendonitis, etc.). A physical disability may affect an individual's ability to:
• Perform manual tasks such as holding a pen, turning a key or gripping a door knob;
• Move around independently;
• Walk for long distances;
• Sit or stand for extended periods of time;
• Control the speed or coordination of movements;
• Coordination and balance;
• Manipulate objects; and/or
• Have strength or endurance.
b) Deaf, Deafened and Hard of Hearing
Hearing loss may cause problems in distinguishing certain frequencies, sounds or words. A
person who is deaf, deafened or hard of hearing may be unable to:
• Maintain conversations over the telephone;
• Understand speech in noisy environments; and/or
• Pronounce words clearly enough to be understood.
c) Vision Disabilities
Vision disabilities can include loss of peripheral (side) vision, lack of central vision therefore
the person cannot see straight, tunnel vision where a person can only see straight ahead,
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some people0cA Q0Wc-"1 1"t,(BYdlaw 201 ...
some people are completely blind. Vision loss may result in:
• Difficulty reading or seeing faces;
• Difficulty maneuvering in unfamiliar places;
• May restrict a person's ability to read signs, locate landmarks or see hazards;
• Inability to differentiate colours or distances;
• A narrow field of vision;
• The need for bright light, or contrast; and/or
• Night blindness.
d) Deaf-Blindness Disabilities
Deaf-blindness is a combination of hearing and vision loss. A person with this disability may
utilize sign language systems, Braille, telephone devices, communication boards or a
combination these. Many people who are deaf-blind use the services of an Intervener who
relays the information to the person with the disability. Deaf-blindness may result in great
difficulty to:
• Access goods and services;
• Communicate;
• Learn or comprehend; and/or
• Orientation and mobility.
e) Speech Disabilities
Speech disabilities involve the partial or total loss of the ability to speak, and includes
difficulty with:
• Pronunciation;
• Pitch and loudness;
• Hoarseness or breathiness; and/or
• Stuttering or slurring.
f) Intellectual or Developmental Disabilities
Intellectual disabilities affect a person's ability to think and reason and the person may have
difficulty with:
• Understand verbal or written information;
• Conceptual information;
• Perception of sensory information; and/or
• Memory.
g) Learning Disabilities
Learning disabilities include a range of disorders that affect the how a person receives,
expresses or processes information and can result in difficulty with:
• Reading, mathematical skills, writing and/or fine motor skills;
• Problem solving;
• Time management;
• Orientation and following directions; and/or
• Processing information.
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h) Mental HAP) I%W ltg4ipn: Introduction of Members; Procedural By-law (By-law 201 ...
Mental health disabilities include a range of disorders; however there are three main types:
anxiety, mood and behavioral. People with mental health disabilities may appear:
• Irritated;
• Aggressive;
• Abrupt;
• Indecisive; and/or
• Spontaneous laughter or anger.
i) Smell Disabilities
Smell disabilities may involve the inability to sense smell or a hypersensitivity to smells. The
person may have allergies to certain odours, scents or chemicals or may be unable to identify
dangerous gasses, smoke, fumes or spoiled foods.
j) Touch Disabilities
Touch disabilities may affect a person's ability to sense texture, temperature, vibration or
pressure. Touch sensations may be reduced or heightened resulting in a hypersensitivity to
touch, temperature, sensations, or the opposite, numbness.
8. Assistive Devices
A person with a disability may provide their own assistive device for the purpose of obtaining,
using and benefiting from the Township's goods and services. Situations where the
Township has identified the assistive device to be a health and safety risk to either the of the
person with the disability or others on the premises, the Township will make every reasonable
effort to provide other means of assistance in order for the person with the disability to obtain,
use or benefit from the goods and services. At all times, it is the responsibility of the person
with the disability to be in care and control of the assistive device.
• Where Township devices are available, appropriate employees within the applicable area
will be knowledgeable of the presence and trained in the use of the assistive devices and
provide assistance to persons with disabilities upon request;
• Ensure that a person with a disability is permitted to enter the premises with the device
and to use the device to access goods and services;
• Ensure that persons with disabilities are aware of assistive devices available on the
Township's premises;
• Offer an assistive device in a manner that respects the person's dignity and
independence;
• Do not lean or reach over an assistive device;
• Where possible, remove potential barriers to the use of assistive devices.
9. Service Animals
Persons with a disability may enter Township owned or operated premises accompanied by a
service animal provided that the animal is not prohibited by law (i.e. banned by Provincial or
Federal Legislation) or excluded by law (i.e. where food is prepared). In the event that the
animal is prohibited, the Township will make every reasonable effort to provide other means
of assistance in order for the person with the disability to obtain, use or benefit from the
goods and services. If it is not readily apparent that the animal is a service animal, the
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Township N6-MYSr-@y-law 201 ...
General of Canada, or a certificate of training from a recognized service animal training
school. At all times, it is the responsibility of the person with the disability to be in care and
control of the service animal.
• Every employee shall use reasonable efforts to allow persons with disabilities to be
accompanied by their service animals;
• When the service animal is unruly or disruptive (i.e. jumping, biting, growling or other
harmful or potentially harmful behavior), an employee may ask the person with the
disability to remove the animal from the area or refuse to provide goods or services.
Other reasonable arrangements to provide goods and services shall be explored with the
assistance of the person with the disability;
• Employees will not touch, handle, feed or speak to the service animal;
• Where a service animal is excluded by law from the premises, the reason why the animal
is excluded shall be explained to the person with the disability.
10.Support Persons
Persons with disabilities may enter premises owned or operated by the Township with a
support person and have access to the support person while on the premises.
• The support person may be permitted to attend at no charge where admission fees are
applicable;
• Employees will communicate directly with the person with the disability and not the
support person unless otherwise instructed;
• Confidential information (i.e. tax information, personal information) that is discussed in the
presence of a support person will be identified as such prior to the information being
released, and the person with the disability will determine if the information can be
released in the presence of the support person;
• If the confidential information to be discussed is of such great importance, the support
person may be required to sign a confidentiality agreement, which is attached to this
Policy as Appendix "B". Appendix "B" will be maintained, reviewed and amended
periodically;
The Township may require a person with a disability to be accompanied by a support person
where it is necessary to protect the health or safety of the person with the disability or others
on the premises. Before making the decision, the Township shall:
• Consult with the person with a disability to understand their needs.
• Consider the health or safety reasons based on available evidence.
• Determine if there is no other way to protect the health or safety of the person or others
on the premises.
• The Township will review any available resources that may be available to provide
assistance to the person with a disability.
• The Township shall waive all fees of admittance (if one exists) for the support person(s).
11.Notice of Disruptions in Services and Facilities
In the event of a planned or unforeseen disruption of any services or facilities provided by the
Township, the Township will make all reasonable efforts to provide notice of the disruption to
the public. The notice may include the reason for the disruption, its anticipated duration,
description of any alternative facility or service and any other available information.
• The notice will be posted on the Township's website at www.oro-medonte.ca, on any
reasonably visible locations, noted on the Township's main voice mail message, any
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appropriA-4i"M&nn' (By-law 201 ...
reasonably possible, and attached to this Policy as Appendix "C". Appendix "C" will be
maintained, reviewed and amended periodically;
• The Township will appoint an employee and a back-up employee to be responsible for
posting and maintaining the notice of service disruption.
12.Feedback / Complaints
The Township will invite and welcome any feedback or complaints and view it as an
opportunity to learn and improve.
• The Feedback / Complaint Form, attached to this Policy as Appendix "D", will be posted
on the Township's website at www.oro-medonte.ca, or provided upon request, in a
manner or format that takes into account the person's disability;
• Feedback or complaints from members of the public shall be received by the Office of the
Chief Administrative Officer in any communicative form appropriate for the person
providing feedback or complaint;
• Any responses will be coordinated appropriately per the direction of the Chief
Administrative Officer in a timely manner;
• Feedback or complaint will be reviewed by the appropriate employees to ensure that all
appropriate and available measures will be undertaken by the Township in the provision
of goods and services to persons with disabilities;
• Feedback or complaint will be considered highly confidential to ensure the protection of
personal information;
• If feedback or complaint is received verbally, the employee shall produce the feedback or
complaint in a written format and repeat the information to the person providing the
feedback or complaint to ensure accuracy.
13.Accessible Formats and Communication Support
a) Emergency Procedure, Plans or Public Safety Information
The Township has in place several different emergency procedures, plans and public safety
information. Upon request, public information regarding the Township's emergency
procedures, plans or public safety information will be provided in an accessible format.
b) Availability of Documents
The Township shall post the Accessibility Policy, the Accessibility Plan and Annual Status
Report on the Township's website at www.oro-medonte.ca and:
• The documents will be provided in a format as requested;
• The timeframe attached to the conversion process will vary depending on the media
chosen, the size, the complexity and quantity of documents to be converted;
• Conversion shall be processed in-house whenever possible;
• Costs of the document shall be as per the Township's Fees and Charges By-Law (if
applicable), and all additional costs incurred due to the conversion will be absorbed by the
Office of the Chief Administrative Officer.
b) Accessible Websites and Web Content
The Township will ensure the official municipal website and web content conforms to the
World Wide Consortium Web Content Accessibility Guidelines (WCAG). Except where
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meeting this F�cir@Ii��ittt4 p�2iti� ,� s2o � �� pQ�9' &�� �t `19���few 201 ...
and web-based application that are controlled directly or through a contractual relationship
that allows for the modification of the product and to web content.
14.Employment Standards
Employment standards apply to paid employees — not volunteers and other non-paid
individuals. These standards are documented in detail in the municipality's Human Resource
Policy Manual. Specifically, the following standards are included and provide for accessibility
accommodations: Recruitment; Accessible Formats and Communication Support for
Employees; Workplace Emergency Response Information; Documented Individual
Accommodation Plans; Return to Work Process; Performance Management; and Career
Development and Advancement.
15.Exclusions
The Accessibility Policy shall not apply during any period where Council has declared a
"State of Emergency" as defined under the Emergency Management Act.
16.Non-Compliance
Failure to comply with this policy and applicable procedures will result in disciplinary action up
to and including dismissal.
17.Review and Amendments
The Accessibility Advisory Committee shall be responsible for the review process and
recommend any amendments to this policy document. Review and amendments shall take
place within the first quarter of every year, or as reasonably possible.
It is the responsibility of all employees of the Township of Oro-Medonte to ensure that
they are aware of this policy by completing POL-HR-01-Form 1.
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Appendix °°O@a PftMOWoJptroduction of Members; Procedural By-law (By-law 201 ...
Available Assistive Devices at Township Facility
Location Devices
Administration Centre . Magnifiers at front counters.
148 Line 7 South . Audio playback for public meetings under the
Planning Act, available on the Township's website at
www.oro-medonte.ca.
• Voice Amplifiers in Council Chambers.
• Projector screen in Council Chambers.
• Seating areas for visitors.
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Appendix "B" to POL-AODA-04
Confidentiality Agreement for Support Person
I, as a support person for
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.
Acknowledge and understand that in my role as a support person, I may have access to
and may be privy to records containing confidential information and/or personal information
about the person I am supporting.
Hereby Agree to obtain and use such confidential information solely for the use and
purposes for which I was given such access by the person whom I am supporting, 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.
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.
Support Persons' Signature Date
Declared before me
In the Township of Oro-Medonte, in the County of Simcoe
This day of 20 _
Commissioner of Oaths, etc.
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Notice of Service Disruption
There (is currently an unexpected /will be a scheduled) service disruption at the
The disruption will be from until
This disruption includes:
The following alternate service/facility is available:
On behalf of the Corporation of The Township of Oro-Medonte, we would like to thank you for
your patience and cooperation in this matter.
For questions or additional information contact:
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Customer Feedback Form
Thank you for visiting the Township of Oro-Medonte. We value all of our customers and strive
to meet everyone's needs.
Your feedback is important to us. By answering the following questions, you will help our
organization to better assist you.
1 Date and time of your visit:
2 Did we respond to your customer services ❑ Yes a No
needs today?
3 Was our customer service provided to you ❑ Yes a Somewhat
in an accessible manner?
❑ No (please explain below)
4 Did you encounter any problems in ❑ Yes (please explain below)
accessing our good and services?
❑ Somewhat (please explain below)
❑ No
Please add any other comments you may have:
Contact information (optional):
Thank you,
The Township of Oro-Medonte
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Ontario
Frang, is
Ontario Heritage Act
R.S.O. 1990, CHAPTER 0.18
Consolidation Period: From January 1,2023 to the e-Laws currency date.
Last amendment: 2022, c. 21, Sched.6.
Legislative History: [+]
CONTENTS [—1
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. Not-for-Profit Corporations Act, 2010
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
21.1 Tabling of annual report
21.2 Other reports
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22. Easements and covenants
23. Register
23.1 Transition
PART 111.1
STANDARDS AND GUIDELINES FOR PROVINCIAL HERITAGE PROPERTIES
25.2 Heritage standards and guidelines
25.3 Application
PART IV
CONSERVATION OF PROPERTY OF CULTURAL HERITAGE VALUE OR INTEREST
DEFINITIONS AND APPLICATION
26. Definition
26.0.1 Principles
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
34.1 Appeal to Tribunal
34.2 Transition, appeal to Tribunal
34.3 Council consents to application under s. 34-required steps or actions
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
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39. Grants and loans
PART V
HERITAGE CONSERVATION DISTRICTS
39.1 Definition
39.1.1 Application
39.1.2 Principles
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
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
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PART VII
GENERAL
67. Service
68. Designation under public or private Acts
68.2 Non-application
68.3 No compensation
69. Offences and restoration costs
70. Regulations
71. Regulations re transitional matters
Definitions
1 In this Act,
"alter" means to change in any manner and includes to restore, renovate, repair or disturb and "alteration" has a corresponding
meaning; ("transformer", "transformation")
"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")
"prescribed"means prescribed by regulations made under this Act; ("prescrit")
"regulations" means the regulations made under this Act; ("reglements")
"Tribunal"means the Ontario Land Tribunal; ("Tribunal")
"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; 2017, c. 23, Sched. 5, s. 61; 2019, c. 9, Sched. 11,
s. 1 (1); 2021, c. 4, Sched. 6, s. 74(3,4).
(2) REPEALED: 2022, c. 21, Sched. 6, s. 1.
Section Amendments with date in force(d/m/y) [+]
PARTI
HERITAGE CONSERVATION, PROTECTION AND PRESERVATION
Administration of Act
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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 111 of the Public Service
of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 99.
Section Amendments with date in force(d/m/y) [+]
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.
Section Amendments with date in force(d/m/y) [+]
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
(2)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
(3)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
(6)A majority of the directors constitutes a quorum. R.S.O. 1990, c. 0.18, s. 5(6).
Vacancy
(7)Where a vacancy occurs for any reason in the office of director, the vacancy may be filled by appointment by the Lieutenant
Governor in Council and a person so appointed shall hold office for the remainder of the term of his or her predecessor. R.S.O. 1990,
c. 0.18, s. 5(7); 1993, c. 27, Sched.
Section Amendments with date in force(d/m/y) [+]
Not-for-Profit Corporations Act,2010
6 The Not-for-Profit Corporations Act, 2010 does not apply to the Trust, except as prescribed.2017, c. 20, Sched. 8, s. 112(1); 2019, c.
9, Sched. 11, s. 2.
Section Amendments with date in force(d/m/y) [+]
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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.
Section Amendments with date in force(d/m/y) [+]
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
(2)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.
Section Amendments with date in force(d/m/y) [+]
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.
Section Amendments with date in force(d/m/y) [+]
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;
(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;
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(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;
Q) 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
(2)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
(3) 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).
Section Amendments with date in force(d/m/y) [+]
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
(2) 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.
Section Amendments with date in force(d/m/y) [+]
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.
Section Amendments with date in force(d/m/y) [+]
Reserve fund
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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
(2)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
(3)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).
Section Amendments with date in force(d/m/y) [+]
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.
Section Amendments with date in force(d/m/y) [+]
Exemption from taxation
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).
Section Amendments with date in force(d/m/y) [+]
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.
Section Amendments with date in force(d/m/y) [+]
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.
Section Amendments with date in force(d/m/y) [+]
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.
Section Amendments with date in force(d/m/y) [+]
Form of guarantee
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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
21 (1)The Trust shall prepare an annual report, provide it to the Minister and make it available to the public. 2017, c. 34, Sched. 46, s.
37.
Same
(2)The Trust shall comply with such directives as may be issued by the Management Board of Cabinet with respect to,
(a) the form and content of the annual report;
(b) when to provide it to the Minister; and
(c) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 37.
Same
(3)The Trust shall include such additional content in the annual report as the Minister may require.2017, c. 34, Sched. 46, s. 37.
Section Amendments with date in force(d/m/y) [+]
Tabling of annual report
21.1 The Minister shall table the Trust's annual report in the Assembly and shall comply with such directives as may be issued by the
Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 37.
Section Amendments with date in force(d/m/y) [+]
Other reports
21.2 The Minister may require the Trust to provide other reports. 2017, c. 34, Sched. 46, s. 37.
Section Amendments with date in force(d/m/y) [+]
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.
Idem
(2)Where an easement or covenant is registered against real property under subsection(1), such easement or covenant shall run with
the real property and the 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.
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Conflict
(4)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.
Section Amendments with date in force(d/m/y) [+]
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.
Section Amendments with date in force(d/m/y) [+]
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.
Section Amendments with date in force(d/m/y) [+]
PART III(S. 24-25.1) REPEALED: 2021, C. 4, SCHED. 6, S. 74(5).
24 REPEALED: 2021, c. 4, Sched. 6, s. 74 (5).
Section Amendments with date in force(d/m/y) [+]
24.1 REPEALED: 2021, c. 4, Sched. 6, s. 74 (5).
Section Amendments with date in force(d/m/y) [+]
25 REPEALED: 2021, c. 4, Sched. 6, s. 74 (5).
Section Amendments with date in force(d/m/y) [+]
25.1 REPEALED: 2021, c. 4, Sched. 6, s. 74 (5).
Section Amendments with date in force(d/m/y) [+]
PART 111.1
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
(2)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
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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.
Minister's review of determination
(3.1) If the process for the identification of properties referred to in clause(3)(a) permits a ministry or prescribed public body to
determine whether a property has cultural heritage value or interest,the process may permit the Minister to review the determination,or
any part of the determination,whether made before, on or after the day subsection 2(1)of Schedule 6 to the More Homes Built Faster
Act, 2022 comes into force, and may permit the Minister to confirm or revise the determination or part of it.2022, c. 21, Sched. 6,
s. 2(1).
Consultation
(4) 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
(5)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)Subject to an order made under subsection(7), 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; 2022, c. 21, Sched. 6, s. 2(2).
Exemption re compliance
(7)The Lieutenant Governor in Council may, by order, provide that the Crown in right of Ontario or a ministry or prescribed public body
is not required to comply with some or all of the heritage standards and guidelines approved under this section in respect of a particular
property, if the Lieutenant Governor in Council is of the opinion that such exemption could potentially advance one or more of the
following provincial priorities:
1. Transit.
2. Housing.
3. Health and Long-Term Care.
4. Other infrastructure.
5. Such other priorities as may be prescribed. 2022, c. 21, Sched. 6, s. 2(3).
Not a regulation
(8)The heritage standards and guidelines approved under this section and orders made under subsection (7)are not regulations within
the meaning of Part III (Regulations)of the Legislation Act, 2006. 2022, c. 21, Sched. 6, s.2 (3).
Section Amendments with date in force(d/m/y) [+]
Application
25.3 Section 37 applies with necessary modifications to property to which this Part applies. 2005, c. 6, s. 13.
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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.
(2) REPEALED: 2019, c. 9, Sched. 11, s. 4.
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
(4)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).
Section Amendments with date in force(d/m/y) [+]
Principles
26.0.1 A council of a municipality shall consider the prescribed principles, if any,when the council exercises a decision-making authority
under a prescribed provision of this Part.2019, c. 9, Sched. 11, s. 3.
Section Amendments with date in force(d/m/y) [+]
Application
26.1 (1)This Part does not apply to property described in clause 25.2(2)(a). 2005, c. 6, s. 14.
Conflict
(2) 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
(3) Nothing in subsection(1)shall prevent a municipality acting under subsection 27(3)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; 2019, c. 9, Sched. 11, s. 5.
Section Amendments with date in force(d/m/y) [+]
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.
2019, c. 9, Sched. 11, s. 6.
Note: On July 1, 2023, the day named by proclamation of the Lieutenant Governor, section 27 of the Act is amended by
adding the following subsection: (See: 2022, c.21, Sched. 6,s. 3(1))
(1.1)The clerk of the municipality shall ensure that the information included in the register is accessible to the public on the
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municipality's website. 2022, c.21, Sched. 6, s. 3(1).
Contents of register
(2)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. 2019, c. 9, Sched. 11, s. 6.
Non-designated property
(3)Subject to subsection(18), in addition to the property listed in the register under subsection(2), the register may include property
that has not been designated under this Part if,
(a) the council of the municipality believes the property to be of cultural heritage value or interest; and
(b) where criteria for determining whether property is of cultural heritage value or interest have been prescribed for the purposes of
this subsection, the property meets the prescribed criteria. 2022, c. 21, Sched. 6, s. 3(2).
Same
(3.1) If property is included in the register under subsection (3), the register shall contain, with respect to such property,a description of
the property that is sufficient to readily ascertain the property. 2022, c. 21, Sched. 6, s. 3(2).
Consultation
(4) If 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 (3)or removing the reference to such a property from the register,
consult with its municipal heritage committee. 2019, c. 9, Sched. 11, s. 6.
Notice to property owner
(5) If a property that has not been designated under this Part has been included in the register under subsection (3), the council of the
municipality shall,within 30 days after including the property in the register, provide the owner of the property with notice that the
property has been included in the register.2019, c. 9, Sched. 11, s. 6.
Same
(6)The notice under subsection (5)shall include the following:
1. A statement explaining why the council of the municipality believes the property to be of cultural heritage value or interest.
2. A description of the property that is sufficient to readily ascertain the property.
3. A statement that if the owner of the property objects to the property being included in the register, the owner may object to the
property's inclusion by serving on the clerk of the municipality a notice of objection setting out the reasons for the objection and
all the relevant facts.
4. An explanation of the restriction concerning the demolition or removal, or the permitting of the demolition or removal, of a building
or structure on the property as set out in subsection (9). 2019, c. 9, Sched. 11, s. 6.
Objection
(7)The owner of a property who objects to a property being included in the register under subsection(3)or a predecessor of that
subsection shall serve on the clerk of the municipality a notice of objection setting out the reasons for the objection and all relevant
facts. 2019, c. 9, Sched. 11, s. 6; 2022, c. 21, Sched. 6, s. 3(3).
Decision of council
(8) If a notice of objection has been served under subsection (7), the council of the municipality shall,
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(a) consider the notice and make a decision as to whether the property should continue to be included in the register or whether it
should be removed; and
(b) provide notice of the council's decision to the owner of the property, in such form as the council considers proper,within 90 days
after the decision. 2019, c. 9, Sched. 11, s. 6.
Restriction on demolition,etc.
(9) If a property that has not been designated under this Part has been included in the register under subsection (3), 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. 2019, c. 9, Sched. 11, s. 6.
Same
(10)Subsection(9)applies only if the property is included in the register under subsection(3) 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. 2019, c. 9, Sched. 11,
s. 6.
Same
(11)The notice required by subsection(9)shall be accompanied by such plans and shall set out such information as the council may
require. 2019, c. 9, Sched. 11, s. 6.
Extracts
(12)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. 2019, c. 9, Sched. 11, s. 6.
Application of subss.(7)and(8)
(13) In addition to applying to properties included in the register under subsection(3)on and after July 1, 2021, subsections(7)and (8)
apply in respect of properties that were included in the register as of June 30, 2021 under the predecessor of subsection(3). 2022, c.
21, Sched. 6, s. 3(4).
Removal of non-designated property
(14) In the case of a property included in the register under subsection(3), or a predecessor of that subsection, before, on or after the
day subsection 3 (4)of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the council of the municipality shall
remove the property from the register if the council of the municipality has given a notice of intention to designate the property under
subsection 29(1)and any of the following circumstances exist:
1. The council of the municipality withdraws the notice of intention under subsection 29(7).
2. The council of the municipality does not withdraw the notice of intention, but does not pass a by-law designating the property
under subsection 29(1)within the time set out in paragraph 1 of subsection 29(8).
3. The council of the municipality passes a by-law designating the property under subsection 29(1)within the time set out in
paragraph 1 of subsection 29(8), but the by-law is repealed in accordance with subclause 29(15)(b)(i)or(iii). 2022, c.21,
Sched. 6, s. 3 (4).
Same
(15) In the case of a property included in the register under subsection(3)on or after the day subsection 3(4)of Schedule 6 to the
More Homes Built Faster Act, 2022 comes into force, the council of a municipality shall remove the property from the register if the
council of the municipality does not give a notice of intention to designate the property under subsection 29(1)on or before the second
anniversary of the day the property was included in the register.2022, c.21, Sched. 6, s. 3(4).
Same
(16) In the case of a property included in the register under a predecessor of subsection (3), as of the day before subsection 3(4)of
Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the council of a municipality shall remove the property from the
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register if the council of the municipality does not give a notice of intention to designate the property under subsection 29(1)on or
before the second anniversary of the day subsection 3(4)of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force.
2022, c. 21, Sched. 6, s. 3(4).
Consultation not required
(17) Despite subsection(4), the council of the municipality is not required to consult with its municipal heritage committee, if one has
been established, before removing a property from the register under subsection(14), (15)or(16). 2022, c.21, Sched. 6, s. 3(4).
Prohibition re including property in register,subss.(14)to(16)
(18) If subsection(14), (15)or(16) requires the removal of a property from the register, the council of the municipality may not include
the property again in the register under subsection(3)for a period of five years after the following date:
1. In the case of subsection(14), the day any of the circumstances described in paragraphs 1, 2 and 3 of that subsection exist.
2. In the case of subsection(15), the second anniversary of the day the property was included in the register.
3. In the case of subsection(16), the second anniversary of the day subsection 3(4)of Schedule 6 to the More Homes Built Faster
Act, 2022 comes into force. 2022, c. 21, Sched. 6, s. 3 (4).
Section Amendments with date in force(d/m/y) [+]
Municipal heritage committee
28(1)The council of a municipality may by by-law establish a municipal heritage committee to advise and assist the council on matters
relating to this Part, matters relating to Part V and such other heritage matters as the council may specify by by-law. 2002, c. 18,
Sched. F, s. 2 (7).
Members
(2)The committee shall be composed of not fewer than five members appointed by the council. 2002, c. 18, Sched. F, s.2 (7).
Continuation of old committees
(3) Every local architectural conservation advisory committee established by the council of a municipality before the day subsection 2
(7)of Schedule F to the Government Efficiency Act, 2002 comes into force is continued as the municipal heritage committee of the
municipality, and the persons who were the members of the local architectural conservation advisory committee immediately before that
day become the members of the municipal heritage committee. 2002, c. 18, Sched. F, s. 2(7).
Section Amendments with date in force(d/m/y) [+]
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, 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); 2019, c. 9, Sched. 11, s. 7
(1); 2022, c.21, Sched. 6, s. 4 (1).
Notice required
(1.1)Subject to subsections(1.2)and (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 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); 2019, c. 9, Sched. 11, s. 7(2).
Limitation
(1.2)The following rules apply if a prescribed event has occurred in respect of a property in a municipality:
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1. If the prescribed event occurs on or after the day subsection 4 (2)of Schedule 6 to the More Homes Built Faster Act, 2022 comes
into force, the council of the municipality may give a notice of intention to designate the property under subsection (1)only if the
property is listed in the register under subsection 27 (3),or a predecessor of that subsection, as of the date of the prescribed
event.
2. The council may not give a notice of intention to designate such property under subsection(1)after 90 days have elapsed from
the event, subject to such exceptions as may be prescribed. 2022, c. 21, Sched. 6, s. 4(2).
Consultation
(2)Where the council of a municipality has appointed a municipal heritage committee, the council shall, before giving notice of its
intention to designate a property under subsection(1), consult with its municipal heritage committee. R.S.O. 1990, c. 0.18, s. 29(2);
2002, c. 18, Sched. F, s. 2(9).
Notice of intention
(3) Notice of intention to designate under subsection(1)shall be,
(a) served on the owner of the property and on the 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 notice of intention to designate the property 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); 2019, c. 9, Sched. 11, s. 7(4).
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 notice of intention to designate the property is available from the municipality;
and
(d) a statement that notice of objection to the notice of intention to designate the property 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); 2019, c. 9, Sched. 11, s. 7(5).
Objection
(5)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).
Consideration of objection by council
(6) If a notice of objection has been served under subsection (5), the council of the municipality shall consider the objection and make a
decision whether or not to withdraw the notice of intention to designate the property within 90 days after the end of the 30-day period
under subsection(5). 2019, c. 9, Sched. 11, s. 7 (6).
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Notice of withdrawal
(7) If the council of the municipality decides to withdraw the notice of intention to designate the property,either of its own initiative at any
time or after considering an objection under subsection(6),the council shall withdraw the notice by causing a notice of withdrawal,
(a) to be served on the owner of the property, on any person who objected under subsection(5)and on the Trust; and
(b) to be published in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11, s. 7(6).
If no notice of objection or no withdrawal
(8) If no notice of objection is served within the 30-day period under subsection (5)or a notice of objection is served within that period
but the council decides not to withdraw the notice of intention to designate the property,the council may pass a by-law designating the
property, provided the following requirements are satisfied:
1. The by-law must be passed within 120 days after the date of publication of the notice of intention under clause(3)(b)or, if a
prescribed circumstance exists,within such other period of time as may be prescribed for the circumstance.
2. The by-law must include a statement explaining the cultural heritage value or interest of the property and a description of the
heritage attributes of the property and must comply with such requirements in relation to the statement and the description as
may be prescribed and with such other requirements as may be prescribed.
3. The council must cause the following to be served on the owner of the property, on any person who objected under subsection
(5)and on the Trust:
i. A copy of the by-law.
ii. A notice that any person who objects to the by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the
municipality,within 30 days after the date of publication under paragraph 4,a notice of appeal setting out the objection to
the by-law and the reasons in support of the objection,accompanied by the fee charged by the Tribunal.
4. The council must publish notice of the by-law in a newspaper having general circulation in the municipality,which must provide
that any person who objects to the by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality,
within 30 days after the date of publication under this paragraph, a notice of appeal setting out the objection to the by-law and the
reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 7(6); 2021, c. 4,
Sched. 6, s. 74(2).
Deemed withdrawal
(9) If the council of the municipality has not passed a by-law under subsection(8)within the time set out in paragraph 1 of that
subsection, the notice of intention to designate the property is deemed to be withdrawn and the municipality shall cause a notice of
withdrawal,
(a) to be served on the owner of the property, on any person who objected under subsection(5)and on the Trust; and
(b) to be published in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11, s. 7(6).
Same
(10) For clarity, the deemed withdrawal of a notice of intention to designate a property under subsection(9)does not prevent the council
from giving a new notice of intention to designate the property in accordance with this section.2019, c. 9, Sched. 11, s. 7 (6).
Appeal to Tribunal
(11)Any person who objects to the by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality,within 30
days after the date of publication under paragraph 4 of subsection(8), a notice of appeal setting out the objection to the by-law and the
reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 7(6); 2021, c. 4, Sched.
6, s. 74(2).
If no notice of appeal
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(12) If no notice of appeal is given within the time period specified in subsection(11),
(a) the by-law comes into force on the day following the last day of the period; and
(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 and that a copy of the registered by-law is served on the Trust. 2019, c. 9, Sched. 11,s. 7(6).
If notice of appeal
(13) If a notice of appeal is given within the time period specified in subsection(11), the Tribunal shall hold a hearing and, before
holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine.
2019, c. 9, Sched. 11, s. 7(6).
Forwarding of record of decision
(14) If the council of the municipality made a decision on a notice of objection under subsection(6)and if a notice of appeal is given
within the time period specified in subsection(11), the clerk of the municipality shall ensure that the record of the decision under
subsection (6) is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. 2019, c. 9,
Sched. 11, s. 7 (6).
(14.1) REPEALED: 2019, c. 9, Sched. 11, s. 7(6).
Powers of Tribunal
(15)After holding the hearing, the Tribunal 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 Tribunal 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 Tribunal's order.2019, c. 9, Sched. 11,
s. 7(6).
(15.1) REPEALED: 2019, c. 9, Sched. 11, s. 7(6).
Dismissal without hearing of appeal
(16) Despite the Statutory Powers Procedure Act and subsections(13)and (15), the Tribunal 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 Tribunal is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent ground upon which the Tribunal 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 charged by the Tribunal;or
(d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal.
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2019, c. 9, Sched. 11, s. 7(6); 2021, c. 4, Sched. 6, s. 74 (2).
Representations
(17) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection(16), the Tribunal shall,
(a) notify the appellant of the proposed dismissal; and
(b) give the appellant an opportunity to make representations with respect to the proposed dismissal. 2019, c. 9, Sched. 11, s. 7 (6).
Coming into force
(18) If one or more notices of appeal are given to the clerk within the time period specified in subsection(11),
(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 Tribunal under subclause(15)(b)(ii),the by-law, as amended by the Tribunal, comes into force
on the day it is so amended; or
(c) if the by-law is amended by the council pursuant to subclause(15)(b)(iv), the by-law, as amended by the council, comes into
force on the day it is so amended. 2019, c. 9, Sched. 11, s. 7(6).
Registration of by-law
(19)The clerk of a municipality shall ensure that a copy of a by-law that comes into force under subsection(18) is registered against the
properties affected by the by-law in the appropriate land registry office and that a copy of the registered by-law is served on the Trust.
2019, c. 9, Sched. 11, s. 7(6).
Transition
(20) 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; and
(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. 2019, c. 9, Sched. 11, s. 7 (6).
Same
(21) 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. 2019, c. 9, Sched. 11, s. 7(6).
Section Amendments with date in force(d/m/y) [+]
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
(2)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.
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2005, c. 6,s. 18.
Section Amendments with date in force(d/m/y) [+]
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 prescribed modifications, to an amending by-law.2019, c. 9, Sched. 11, s. 8(1).
Exception
(2) Despite subsection(1), subsections 29(1)to(14)do not apply to an amending by-law if the only purpose or purposes of the
amendments contained in the by-law are to do one or more of the following:
1. Clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's
heritage attributes.
2. Correct the legal description of the property.
3. Otherwise revise the by-law to make it consistent with the requirements of this Act or the regulations, including revisions that
would make a by-law passed before subsection 7(6)of Schedule 11 to the More Homes, More Choice Act, 2019 comes into
force satisfy the requirements prescribed for the purposes of paragraph 2 of subsection 29(8), if any. 2019, c. 9, Sched. 11, s. 8
(1).
Same
(3) 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
(4)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
(5)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.
Consideration of objection by council
(7) If a notice of objection is filed within the 30-day period under subsection(6), the council of the municipality shall consider the
objection and make a decision whether or not to withdraw the notice of the proposed amendment within 90 days after the end of the 30-
day period under subsection(6). 2019, c. 9, Sched. 11, s. 8(2).
Notice of withdrawal
(8) If the council of the municipality decides to withdraw the notice of the proposed amendment, either on its own initiative at any time or
after considering an objection under subsection(7), the council shall withdraw the notice by causing a notice of withdrawal,
(a) to be served on the owner of the property and on the Trust; and
(b) to be published in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11, s. 8(2).
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If no notice of objection or no withdrawal
(9) If no notice of objection is filed within the 30-day period under subsection(6)or a notice of objection is served within that period but
the council decides not to withdraw the notice of the proposed amendment, the council may pass an amending by-law and if it does so,
the council shall do the following:
1. Cause the following to be served on the owner of the property and on the Trust:
i. A copy of the amending by-law.
ii. A notice that if the owner of the property objects to the amending by-law, the owner may appeal to the Tribunal by giving
the Tribunal and the clerk of the municipality,within 30 days after the date of the notice under this subparagraph, a notice
of appeal setting out the objection to the amending by-law and the reasons in support of the objection, accompanied by
the fee charged by the Tribunal.
2. Publish notice of the amending by-law in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11, s. 8
(2); 2021, c.4, Sched. 6, s. 74 (2).
Appeal to Tribunal
(10) If the owner of the property objects to the amending by-law, the owner may appeal to the Tribunal by giving the Tribunal and the
clerk of the municipality,within 30 days after the date of the notice under subparagraph 1 ii of subsection(9), a notice of appeal setting
out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9,
Sched. 11, s. 8(2);2021, c. 4, Sched. 6, s. 74(2).
If no notice of appeal
(11) If no notice of appeal is given within the time period specified in subsection(10),
(a) the amending by-law comes into force on the day following the last day of the period; and
(b) the clerk shall ensure that a copy of the amending by-law is registered against the properties affected by the by-law in the
appropriate land registry office and that a copy of the registered amending by-law is served on the Trust. 2019, c. 9, Sched. 11, s.
8(2).
If notice of appeal
(12) If a notice of appeal is given within the time period specified in subsection(10), the Tribunal shall hold a hearing and, before
holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine.
2019, c. 9, Sched. 11, s. 8(2).
Same
(13) If a notice of appeal is given within the time period specified in subsection(10), subsections 29(15)to(19)apply with necessary
modifications. 2019, c. 9, Sched. 11, s. 8(2).
Forwarding of record of decision
(14) If the council made a decision on the proposed amending by-law under subsection(7)and if a notice of appeal is given within the
time period specified in subsection(10), the clerk of the municipality shall ensure that the record of the decision under subsection(7) is
forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. 2019, c. 9, Sched. 11, s. 8(2).
Requirement to update old by-laws
(15) If the council of a municipality proposes to amend a by-law designating property made under section 29 that does not comply with
requirements that are prescribed for the purposes of paragraph 2 of subsection 29(8), if any, the council shall include in the
amendment such changes as are necessary to ensure that the by-law satisfies those requirements. 2019, c. 9, Sched. 11,s. 8(2).
Same,2005 amendments
(16) If the council of a municipality proposes to amend a by-law designating property made under section 29 before the day the Ontario
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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. 2019, c. 9, Sched. 11, s. 8(2).
Section Amendments with date in force(d/m/y) [+]
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
(2)Where the council of a municipality has appointed a municipal heritage committee, the council shall, before repealing a by-law or
part thereof designating property, consult with its municipal heritage committee. R.S.O. 1990, c. 0.18,s. 31 (2); 2002, c. 18, Sched. F,
s. 2(14).
Notice of intention
(3) Notice of intention to repeal a by-law or part thereof under subsection (1)shall be,
(a) served on the owner of the property and on the 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
(4) Notice of intention to repeal a by-law or part thereof under subsection (1)shall contain,
(a) an adequate description of the property so that it may be readily ascertained;
(b) a statement of the reason for the proposed repealing by-law; and
(c) a statement that notice of objection to the repealing by-law may be served on the clerk within thirty days of the date of
publication of the notice of intention in a newspaper having general circulation in the municipality. R.S.O. 1990, c. 0.18,
s. 31 (4); 1996, c. 4, s. 56(1).
Objection
(5)A person who objects to a proposed repealing by-law shall, within 30 days after the date of publication of the notice of intention to
repeal the by-law or part thereof, serve on the clerk of the municipality a notice of objection setting out the reasons for the objection and
all relevant facts. 2019, c. 9, Sched. 11, s. 9.
Consideration of objection by council
(6) If a notice of objection is filed within the 30-day period under subsection(5), the council of the municipality shall consider the
objection and make a decision whether or not to withdraw the notice of intention within 90 days after the end of the 30-day period under
subsection (5). 2019, c. 9, Sched. 11, s. 9.
Notice of withdrawal
(7) If the council of the municipality decides to withdraw the notice of intention, either of its own initiative at any time or after considering
an objection under subsection(6), the council shall withdraw the notice by causing a notice of withdrawal,
(a) to be served on the owner of the property, on any person who objected under subsection(5)and on the Trust; and
(b) to be published in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11, s. 9.
If no notice of objection or no withdrawal
(8) If no notice of objection is filed within the 30-day period under subsection(5)or a notice of objection is served within that period but
the council decides not to withdraw the notice of intention, the council may pass a by-law repealing the by-law or part thereof
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designating the property and if it does so, it shall do the following:
1. Cause the following to be served on the owner of the property, on any person who objected under subsection(5)and on the
Trust:
i. A copy of the repealing by-law.
ii. A notice that any person who objects to the repealing by-law may appeal to the Tribunal by giving the Tribunal and the
clerk of the municipality,within 30 days after the date of publication under paragraph 2, a notice of appeal setting out the
objection to the repealing by-law and the reasons in support of the objection, accompanied by the fee charged by the
Tribunal.
2. Publish notice of the repealing by-law in a newspaper having general circulation in the municipality,which must provide that any
person who objects to the repealing by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality,
within 30 days after the date of publication under this paragraph, a notice of appeal setting out the objection to the repealing by-
law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal.2019, c. 9, Sched. 11, s. 9;
2021, c. 4, Sched. 6, s. 74(2).
Appeal to Tribunal
(9)Any person who objects to the repealing by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality,
within 30 days after the date of publication under paragraph 2 of subsection(8), a notice of appeal setting out the objection to the
repealing by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s.
9; 2021, c.4, Sched. 6, s. 74 (2).
If no notice of appeal
(10) If no notice of appeal is given within the time period specified in subsection(9),
(a) the repealing by-law comes into force on the day following the last day of the period;
(b) the clerk shall ensure that a copy of the repealing by-law is registered against the properties affected by the repealing by-law in
the appropriate land registry office and that a copy of the registered repealing by-law is served on the Trust; and
(c) the clerk shall delete any reference to the property from the register referred to in subsection 27(1). 2019, c. 9, Sched. 11, s. 9.
If notice of appeal
(11) If a notice of appeal is given within the time period specified in subsection(9), the Tribunal shall hold a hearing and, before holding
the hearing,shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine. 2019, c. 9,
Sched. 11, s. 9.
Same
(12) If a notice of appeal is given within the time period specified in subsection(9), subsections 29(15)to(19)apply with necessary
modifications. 2019, c. 9, Sched. 11, s. 9.
Forwarding of record of decision
(13) If the council made a decision on the proposed repealing by-law under subsection (6)and if a notice of appeal is given to the clerk
within the time period specified in subsection(9), the clerk of the municipality shall ensure that the record of the decision under
subsection (6) is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. 2019, c. 9,
Sched. 11, s. 9.
Deletion from register
(14) If a repealing by-law comes into effect under subsection 29(18),as made applicable by subsection(12)of this section,the
municipality shall cause the clerk to delete any reference to the property from the register referred to in subsection 27(1). 2019, c. 9,
Sched. 11, s. 9.
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Section Amendments with date in force(d/m/y) [+]
Repeal of designating by-law,owner's initiative
32(1)An owner of property designated under this Part may apply to the council of the municipality in which the property is situate to
repeal the by-law or part thereof designating the property. R.S.O. 1990, c. 0.18, s. 32 (1).
Notice required
(2) Upon receiving an application under subsection(1), the council of the municipality shall cause notice of the application to be given
by the clerk of the municipality in accordance with subsection(3). 2019, c. 9, Sched. 11, s. 10.
Notice of application
(3) Notice of an application shall be published in a newspaper having general circulation in the municipality and 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, as set out in the by-law that is the subject of the application;
(c) a statement that further information respecting the application is available from the municipality; and
(d) a statement that notice of objection to the application may be served on the clerk within 30 days after the date of publication of
the notice of the application under this subsection. 2019, c. 9, Sched. 11, s. 10.
Objection
(4)A person who objects to an application shall,within 30 days after the date of the publication of the notice of application under
subsection (3), serve on the clerk of the municipality a notice of objection setting out the reasons for the objection and all relevant facts.
2019, c. 9, Sched. 11, s. 10.
Decision of council
(5)After consultation with its municipal heritage committee, if one is established, the council shall consider an application under
subsection (1)and any objections served under subsection (4)and within 90 days after the end of the 30-day period under subsection
(4)shall do either of the following:
1. Refuse the application and cause the following to be served on the owner of the property, on any person who objected under
subsection (4)and on the Trust:
i. A notice of the council's decision.
ii. A notice that if the owner of the property objects to the council's decision, the owner may appeal to the Tribunal by giving
the Tribunal and the clerk of the municipality,within 30 days after receipt of the notice under this subparagraph, a notice
of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee
charged by the Tribunal.
2. Consent to the application, pass a by-law repealing the by-law or part thereof designating the property and shall do the following:
i. Cause the following to be served on the owner of the property, on any person who objected under subsection (4)and on
the Trust:
A. A copy of the repealing by-law.
B. A notice that any person who objects to the decision may appeal to the Tribunal by giving the Tribunal and the clerk of
the municipality,within 30 days after the date of publication under subparagraph ii, a notice of appeal setting out the
objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the
Tribunal.
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ii. Publish notice of the council's decision in a newspaper having general circulation in the municipality,which must provide
that any person who objects to the decision may appeal to the Tribunal by giving the Tribunal and the clerk of the
municipality,within 30 days after the date of publication under this subparagraph,a notice of appeal setting out the
objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the Tribunal.
2019, c. 9, Sched. 11, s. 10;2021, c. 4, Sched. 6, s. 74(2).
Extension of time
(6)The owner of the property and the council may agree to extend the time under subsection(5)and, if the council fails to notify the
owner of the property of the council's decision within such extended time as may be agreed upon,the council is deemed to have
consented to the application. 2019, c. 9, Sched. 11, s. 10.
Appeal to Tribunal,refusal of application
(7) If the owner of the property objects to the council's decision to refuse the application, the owner may appeal to the Tribunal by giving
the Tribunal and the clerk of the municipality,within 30 days after the receipt of the notice under subparagraph 1 ii of subsection(5), a
notice of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee charged
by the Tribunal.2019, c. 9, Sched. 11, s. 10; 2021, c.4, Sched. 6, s. 74 (2).
Same,consent of application
(8)Any person who objects to the council's decision to consent to the application and to pass a repealing by-law may appeal to the
Tribunal by giving the Tribunal and the clerk of the municipality,within 30 days after the date of publication under subparagraph 2 ii of
subsection (5), a notice of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by
the fee charged by the Tribunal. 2019, c. 9, Sched. 11,s. 10; 2021, c. 4, Sched. 6, s. 74(2).
If no notice of appeal
(9) If no notice of appeal is given within the time period specified in subsection(7)or(8), as the case may be, the decision of the council
under subsection(5) is final and, if the council consented to the application and passed a repealing by-law,
(a) the repealing by-law comes into force on the day following the last day of the period;
(b) the clerk shall ensure that a copy of the repealing by-law is registered against the property affected by the by-law in the
appropriate land registry office and that a copy of the registered repealing by-law is served on the Trust; and
(c) the clerk shall delete any reference to the property from the register referred to in subsection 27(1). 2019, c. 9, Sched. 11, s. 10.
If notice of appeal
(10) If a notice of appeal is given within the time period specified in subsection(7)or(8), as the case may be, the Tribunal shall hold a
hearing and, before holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal
may determine. 2019, c. 9, Sched. 11, s. 10.
Forwarding of record of decision
(11) If a notice of appeal is given within the time period specified in subsection(7)or(8), as the case may be, the clerk of the
municipality shall ensure that the record of the decision under subsection (5) is forwarded to the Tribunal within 15 days after the notice
of appeal is given to the clerk of the municipality. 2019, c. 9, Sched. 11, s. 10.
(11.1) REPEALED: 2019, c. 9, Sched. 11, s. 10.
Powers of Tribunal
(12)After holding the hearing, the Tribunal shall do the following:
1. If the appeal relates to a decision of council to refuse the application,
i. dismiss the appeal, or
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ii. allow the appeal in whole or in part and,
A. repeal the by-law or part thereof designating the property, or
B. direct the council of the municipality to repeal the by-law or part thereof designating the property in accordance with
the Tribunal's order.
2. If the appeal relates to a decision of council to consent to the application and to pass a repealing by-law,
i. dismiss the appeal, or
ii. allow the appeal in whole or in part and,
A. repeal the repealing by-law,
B. amend the repealing by-law in such manner as the Tribunal may determine,
C. direct the council of the municipality to repeal the repealing by-law, or
D. direct the council of the municipality to amend the repealing by-law in accordance with the Tribunal's order. 2019, c.
9, Sched. 11, s. 10.
Dismissal without hearing of appeal
(13) Despite the Statutory Powers Procedure Act and subsections(10)and (12)of this section, the Tribunal 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 Tribunal is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent ground upon which the Tribunal 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 referred to in subsection(7)or(8), as the case may
be;
(c) the appellant has not paid the fee charged by the Tribunal;or
(d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal.
2019, c. 9, Sched. 11, s. 10;2021, c. 4, Sched. 6, s. 74(2).
Representations
(14) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection(13), the Tribunal shall,
(a) notify the appellant of the proposed dismissal; and
(b) give the appellant an opportunity to make representations with respect to the proposed dismissal. 2019, c. 9, Sched. 11, s. 10.
Coming into force
(15) If one or more notices of appeal are given to the clerk within the time period specified in subsection(7), the following rules apply:
1. A repealing by-law passed by the municipality under paragraph 2 of subsection(5)comes into force when all of such appeals
have been withdrawn or dismissed.
2. The repeal of a by-law or a part of a by-law under sub-subparagraph 1 ii A of subsection(12)comes into force on the day it is so
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ordered by the Tribunal.
3. A by-law repealing a by-law or part thereof under sub-subparagraph 1 ii B of subsection (12)comes into force on the day the by-
law is passed by the municipality.
4. The repeal of a repealing by-law under sub-subparagraph 2 ii A of subsection (12)comes into force on the day it is so ordered by
the Tribunal.
5. If a repealing by-law is amended by the Tribunal under sub-subparagraph 2 ii B of subsection(12),the repealing by-law, as
amended by the Tribunal, comes into force on the day it is so amended.
6. If a repealing by-law is repealed by a council under sub-subparagraph 2 ii C of subsection(12),the by-law that repeals the
repealing by-law comes into force on the day it is passed.
7. If a repealing by-law is amended by a council under sub-subparagraph 2 ii D of subsection(12), the repealing by-law, as
amended by council, comes into force on the day it is so amended. 2019, c. 9, Sched. 11, s. 10.
Registration of by-law
(16)The clerk of a municipality shall ensure that a copy of the repealing by-law is registered against the properties affected by the by-
law in the appropriate land registry office and that a copy of the registered repealing by-law is served on the Trust. 2019, c. 9, Sched.
11, s. 10.
Deletion from register
(17) If a repealing by-law comes into effect under subsection(15),the municipality shall cause the clerk to delete any reference to the
property from the register referred to in subsection 27(1).2019, c. 9, Sched. 11, s. 10.
Reapplication
(18) If a prescribed circumstance applies, the owner of the property may not reapply to have the by-law or part thereof designating the
property repealed within the time period determined in accordance with the regulations, except with the consent of the council. 2019, c.
9, Sched. 11, s. 10.
(19)-(23) REPEALED: 2019, c. 9, Sched. 11, s. 10.
Section Amendments with date in force(d/m/y) [+]
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 in the by-law that was
required to be registered under clause 29(12)(b)or subsection 29(19), 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.2019, c. 9, Sched. 11, s. 11.
Application
(2)An application under subsection(1)shall be accompanied by the prescribed information and material. 2019, c. 9, Sched. 11, s. 11.
Other information
(3)A council may require that an applicant provide any other information or material that the council considers it may need. 2019, c. 9,
Sched. 11, s. 11.
Notice of complete application
(4)The council shall, upon receiving all information and material required under subsections(2)and (3), if any, serve a notice on the
applicant informing the applicant that the application is complete.2019, c. 9, Sched. 11, s. 11.
Notification re completeness of application
(5)The council may, at any time, notify the applicant of the information and material required under subsection(2)or(3)that has been
provided, if any, and any information and material under those subsections that has not been provided. 2019, c. 9, Sched. 11, s. 11.
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Decision of council
(6)The council, after consultation with its municipal heritage committee, if one is established, and within the time period determined
under subsection(7),
(a) shall,
(i) consent to the application,
(ii) consent to the application on terms and conditions, or
(iii) refuse the application; and
(b) shall serve notice of its decision on the owner of the property and on the Trust. 2019, c. 9, Sched. 11, s. 11.
Same
(7) For the purposes of subsection(6), the time period is determined as follows:
1. Unless paragraph 2 applies, the period is 90 days after a notice under subsection(4) is served on the applicant or such longer
period after the notice is served as is agreed upon by the owner and the council.
2. If a notice under subsection(4)or(5) is not served on the applicant within 60 days after the day the application commenced, as
determined in accordance with the regulations,the period is 90 days after the end of that 60-day period or such longer period
after the end of the 60-day period as is agreed upon by the owner and the council. 2019, c. 9, Sched. 11, s. 11.
Deemed consent
(8) If the council fails to notify the owner under clause(6)(b)within the time period determined under subsection (7),the council shall
be deemed to have consented to the application. 2019, c. 9, Sched. 11, s. 11.
Appeal to Tribunal
(9) If the council of a municipality consents to an application upon certain terms and conditions or refuses an application, the owner
may,within 30 days after receipt of the notice under clause(6)(b), appeal the council's decision to the Tribunal by giving a notice of
appeal to the Tribunal and to the clerk of the municipality setting out the objection to the decision and the reasons in support of the
objection, accompanied by the fee charged by the Tribunal.2019, c. 9, Sched. 11, s. 11; 2021, c. 4, Sched. 6, s. 74(2).
If notice of appeal
(10) If a notice of appeal is given within the time period specified in subsection(9), the Tribunal shall hold a hearing and, before holding
the hearing, shall give notice of the hearing to the owner of the property and to such other persons or bodies as the Tribunal may
determine. 2019, c. 9, Sched. 11, s. 11.
Powers of Tribunal
(11)After holding a hearing, the Tribunal may order,
(a) that the appeal be dismissed; or
(b) that the municipality consent to the application without terms and conditions or with such terms and conditions as the Tribunal
may specify in the order. 2019, c. 9, Sched. 11, s. 11.
Dismissal without hearing of appeal
(12) Despite the Statutory Powers Procedure Act and subsections(10)and (11),the Tribunal 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 Tribunal is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent ground upon which the Tribunal could allow all or
part of the appeal, or
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(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 decision of the council of the municipality;
(c) the appellant has not paid the fee charged by the Tribunal;or
(d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal.
2019, c. 9, Sched. 11, s. 11; 2021, c. 4, Sched. 6, s. 74(2).
Representations
(13) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection(12), the Tribunal shall,
(a) notify the appellant of the proposed dismissal; and
(b) give the appellant an opportunity to make representations with respect to the proposed dismissal. 2019, c. 9, Sched. 11, s. 11.
Notice of Tribunal's decision
(14)The council shall serve notice of the Tribunal's decision under subsection(11)or(12)on the Trust. 2019, c. 9, Sched. 11, s. 11.
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. 2019, c. 9, Sched. 11,s. 11.
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. 2019, c. 9, Sched. 11, s. 11.
Transition
(17) 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.2019, c. 9, Sched. 11, s. 11.
Section Amendments with date in force(d/m/y) [+]
Demolition or removal
34(1) No owner of property designated under section 29 shall do either of the following, 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:
1. Demolish or remove,or permit the demolition or removal of, any of the property's heritage attributes, as set out in the description
of the property's heritage attributes in the by-law that was required to be registered under clause 29(12)(b)or subsection 29
(19), as the case may be.
2. Demolish or remove a building or structure on the property or permit the demolition or removal of a building or structure on the
property,whether or not the demolition or removal would affect the property's heritage attributes, as set out in the description of
the property's heritage attributes in the by-law that was required to be registered under clause 29(12)(b)or subsection 29(19),
as the case may be. 2019, c. 9, Sched. 11, s. 12.
(1.1), (1.2)REPEALED: 2019, c. 9, Sched. 11, s. 12.
Application
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(2)An application under subsection(1)shall be accompanied by the prescribed information and material. 2019, c. 9, Sched. 11, s. 12.
Other information
(3)A council may require that an applicant provide any other information or material that the council considers it may need. 2019, c. 9,
Sched. 11, s. 12.
Notice confirming complete application
(4)The council shall, upon receiving all information and material required under subsections(2)and (3), if any, serve a notice on the
applicant informing the applicant that the application is complete.2019, c. 9, Sched. 11, s. 12.
Notification re completeness of application
(4.1)The council may, at any time, notify the applicant of the information and material required under subsection(2)or(3)that has been
provided, if any, and any information and material under those subsections that has not been provided. 2019, c. 9, Sched. 11, s. 12.
Decision of council
(4.2)The council, after consultation with its municipal heritage committee, if one is established, and within the time period determined
under subsection(4.3),
(a) shall,
(i) consent to the application,
(ii) consent to the application, subject to such terms and conditions as may be specified by the council, or
(iii) refuse the application;
(b) shall serve notice of its decision on the owner of the property and on the Trust; and
(c) shall publish its decision in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11,s. 12.
Same
(4.3) For the purposes of subsection (4.2),the time period is determined as follows:
1. Unless paragraph 2 applies, the period is 90 days after a notice under subsection(4) is served on the applicant or such longer
period after the notice is served as is agreed upon by the owner and the council.
2. If a notice under subsection(4)or(4.1) is not served on the applicant within 60 days after the day the application commenced, as
determined in accordance with the regulations,the period is 90 days after the end of that 60-day period or such longer period
after the end of the 60-day period as is agreed upon by the owner and the council. 2019, c. 9, Sched. 11, s. 12.
Deemed consent
(4.4) If the council fails to notify the owner under clause(4.2)(b)within the time period determined under subsection(4.3), the council
shall be deemed to have consented to the application. 2019, c. 9, Sched. 11, s. 12.
Transition
(5) 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).
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Same
(6) 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
(7) 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).
(8) REPEALED: 2005, c. 6, s. 22(4).
Section Amendments with date in force(d/m/y) [+]
Appeal to Tribunal
34.1 (1) If the council of a municipality consents to an application subject to terms and conditions under subclause 34 (4.2)(a)(ii)or
refuses an application under subclause 34 (4.2)(a)(iii), the owner of the property that was the subject of the application may appeal the
council's decision to the Tribunal within 30 days of the day the owner received notice of the council's decision.2017, c. 23, Sched. 5,s.
64; 2019, c. 9, Sched. 11, s. 13(1).
Notice of appeal
(2)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 Tribunal and to the clerk of the municipality. 2017, c. 23, Sched. 5,
s. 64.
Content of notice
(3)A notice of appeal shall set out the objection to the council's decision and the reasons in support of the objection and be
accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 13(2); 2021, c. 4, Sched. 6, s. 74(2).
If notice of appeal
(4) If a notice of appeal is given within the time period specified in subsection(2), the Tribunal shall hold a hearing and, before holding
the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine. 2019, c. 9,
Sched. 11, s. 13 (2).
Powers of Tribunal
(5)After holding a hearing, the Tribunal may order,
(a) that the appeal be dismissed; or
(b) that the municipality consent to the demolition or removal referred to in paragraph 1 or 2 of subsection 34 (1), as the case may
be,without terms and conditions or with such terms and conditions as the Tribunal may specify in the order. 2019, c. 9, Sched.
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11, s. 13(2).
Dismissal without hearing of appeal
(6) Despite the Statutory Powers Procedure Act and subsections(4)and (5), the Tribunal 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 Tribunal is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent ground upon which the Tribunal 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 decision of the council of the municipality;
(c) the appellant has not paid the fee charged by the Tribunal;or
(d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal.
2019, c. 9, Sched. 11, s. 13(2); 2021, c.4, Sched. 6, s. 74(2).
Representations
(7) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection(6), the Tribunal shall,
(a) notify the appellant of the proposed dismissal; and
(b) give the appellant an opportunity to make representations with respect to the proposed dismissal. 2019, c. 9, Sched. 11, s. 13
(2)•
Notice of Tribunal's decision
(8)The council shall serve notice of the Tribunal's decision under subsection(5)or(6)to the Trust.2019, c. 9, Sched. 11, s. 13(2).
Section Amendments with date in force(d/m/y) [+]
Transition,appeal to Tribunal
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 Tribunal 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; 2017, c. 23, Sched. 5, s. 62.
Notice of appeal
(2)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 Tribunal and to the clerk of the
municipality. 2005, c. 6, s. 23; 2017, c. 23, Sched. 5, s. 62.
Application
(3)Subsections 34.1 (3)to(7)apply with necessary modifications to an appeal under this section. 2005, c. 6, s. 23.
Section Amendments with date in force(d/m/y) [+]
Council consents to application under s.34—required steps or actions
34.3(1)The council of a municipality shall take such steps or actions as may be prescribed if the owner of a property designated under
section 29 has applied in writing to the council for consent to a demolition or removal referred to in paragraph 1 or 2 of subsection 34(1)
in respect of the property and,
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(a) the council consents to the application under subdause 34(4.2)(a)(i)or(ii)or is deemed to have consented to the application
under subsection 34(4.4); or
(b) the Tribunal has ordered that the municipality give its consent under clause 34.1 (5)(b). 2019, c. 9, Sched. 11, s. 14.
Same
(2)A regulation made for the purposes of subsection(1) may prescribe different steps or actions that must be taken by a council in
different circumstances or that no steps or actions need to be taken by a council in certain circumstances. 2019, c. 9, Sched. 11, s. 14.
Section Amendments with date in force(d/m/y) [+]
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.
Section Amendments with date in force(d/m/y) [+]
DESIGNATION OF PROPERTIES BY MINISTER
Designation by Minister
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 prescribed criteria; and
(b) the designation is made in accordance with the process set out in section 34.6. 2005, c. 6, s. 26; 2019, c. 9, Sched. 11, s. 15
(1).
Effect of designation
(2) 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;
(b) carry out or permit the demolition or removal of 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 clause 34.6(5)(a); or
(c) carry out or permit the demolition or removal of a building or structure on the property,whether or not the demolition or removal
would 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 clause 34.6(5)(a). 2005, c. 6, s.26; 2017, c. 23, Sched. 5, s. 62; 2019, c. 9, Sched. 11, s. 15
(2)•
Alterations to property
(3)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), as they read immediately before the day section 11 of Schedule 11 to the More Homes, More
Choice Act, 2019 came into force, apply with necessary modifications to such an application.2019, c. 9, Sched. 11, s. 15(3).
Same
(5) For the purposes of the application of subsection 33(4), as it read immediately before the day section 11 of Schedule 11 to the More
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Homes, More Choice Act, 2019 came into force, to an application for the Minister's consent made under subsection (4)of this section,
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. 2019, c. 9, Sched. 11,s. 15(3).
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 a demolition or
removal referred to in clause(2)(b)or(c). 2005, c. 6, s. 26; 2019, c. 9, Sched. 11,s. 15(4).
Decision of Minister
(7)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
(8)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
(9) 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 Tribunal
(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 a demolition or removal referred to in clause(2)(b)or(c) in respect of a 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;2019, c. 9, Sched. 11, s. 15(5).
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.
Section Amendments with date in force(d/m/y) [+]
Designation process
34.6(1) If the Minister intends to designate property as property of cultural heritage value or interest of provincial significance, the
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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
(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
(2)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
(4)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
(5) 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,
(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,
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(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 Tribunal
(6) 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 Tribunal for a hearing and report. 2005, c. 6,s. 26; 2021, c. 4, Sched. 6, s. 74(1).
Hearing
(7) If a matter is referred to the Tribunal under subsection(6), the Tribunal 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;2021, c. 4, Sched. 6, s. 74(1).
Parties
(8)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 Tribunal may specify are parties to the hearing. 2005, c. 6, s. 26; 2021, c. 4, Sched. 6,s. 74(1).
(9), (10) REPEALED: 2021, c. 4, Sched. 6, s. 74 (6).
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
(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 Tribunal considers adequate to give the public in the territory reasonable notice of the hearing.
2005, c. 6,s. 26; 2021, c. 4, Sched. 6, s. 74(1).
(12) REPEALED: 2021, c. 4, Sched. 6, s. 74 (6).
Reports
(13)Within 30 days after the conclusion of a hearing under subsection(7)or as soon thereafter as is practicable, the Tribunal 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; 2021, c.
4, Sched. 6,s. 74(1).
Copies
(14)The Tribunal shall send a copy of its report to the other parties to the hearing. 2005, c. 6, s. 26;2021, c. 4, Sched. 6,s. 74(1).
Decision of Minister
(15)After considering the report of the Tribunal, 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; 2021, c. 4, Sched. 6,s. 74(1).
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 Tribunal. 2005, c. 6, s. 26; 2021, c.4, Sched. 6,
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s. 74 (1).
No hearing
(18) If the Tribunal has received notices of withdrawal for all the notices of objection that were served under subsection(4), the Tribunal
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); 2021, c. 4, Sched.
6, s. 74(1).
Section Amendments with date in force(d/m/y) [+]
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
(2)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.
Section Amendments with date in force(d/m/y) [+]
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
(2)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
(3)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
(4)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
(5)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.
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Section Amendments with date in force(d/m/y) [+]
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,
(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
(3)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
(4) 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
(5)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 Tribunal. 2005, c. 6, s. 26; 2021, c.4, Sched. 6, s. 74 (1).
Application
(6)Subsections 32(5)to(10)and (13), as they read immediately before the day section 10 of Schedule 11 to the More Homes, More
Choice Act, 2019 came into force, apply with necessary modifications to a hearing by the Tribunal under this section. 2005, c. 6, s. 26;
2009, c. 33, Sched. 11, s. 6(12);2019, c. 9, Sched. 11, s. 16; 2021, c. 4, Sched. 6, s. 74 (1).
Decision of Minister
(7)After considering the report of the Tribunal, 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; 2021, c. 4, Sched. 6, s. 74 (1).
Objection
(8)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
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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
(9)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.
Section Amendments with date in force(d/m/y) [+]
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
(2)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.
Section Amendments with date in force(d/m/y) [+]
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.
Section Amendments with date in force(d/m/y) [+]
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
(2)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
(3)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
(4) 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
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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
(5)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
(6)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).
Section Amendments with date in force(d/m/y) [+]
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
(2)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.
Section Amendments with date in force(d/m/y) [+]
Purchase or lease by-laws
36(1)The council of a municipality may pass by-laws providing for acquiring, by purchase, lease or otherwise,any property or part
thereof designated under this Part, including any interest therein,for the use or purposes of this Part and for disposing of such property,
or any interest therein, by sale, lease or otherwise,when no longer so required, upon such terms and conditions as the council
considers necessary for the purposes of this Part. R.S.O. 1990, c. 0.18, s. 36(1).
Expropriating by-law
(2)Subject to the Expropriations Act, the council of every municipality may pass by-laws providing for the expropriation of any property
designated under this Part and required for the purposes of this Part and may sell, lease or otherwise dispose of the property,when no
longer so required, upon such terms and conditions as the council considers necessary for the purposes of this Part. R.S.O. 1990,
c. 0.18, s. 36(2).
Delegation
(3)The council of a municipality that forms part of an upper-tier municipality may delegate its power under this Part to the council of the
upper-tier municipality. 2002, c. 17, Sched. F, Table.
Section Amendments with date in force(d/m/y) [+]
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).
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Idem
(2)Any easement or covenant entered into by a council of a municipality may be registered, against the real property affected, in the
proper land registry office. R.S.O. 1990, c. 0.18, s. 37(2).
Idem
(3)Where an easement or covenant is registered against real property under subsection(2), such easement or covenant shall run with
the real property and the council of the municipality may enforce such easement or covenant,whether positive or negative in nature,
against the owner or any subsequent owners of the real property, and the council of the municipality may enforce such easement or
covenant even where it owns no other land which would be accommodated or benefited by such easement or covenant. R.S.O. 1990,
c. 0.18, s. 37(3).
Assignment
(4)Any easement or covenant entered into by the council of a municipality under subsection (2) may be assigned to any person and
such easement or covenant shall continue to run with the real property and the assignee may enforce the easement or covenant as if it
were the council of the municipality and it owned no other land which would be accommodated or benefited by such easement or
covenant. R.S.O. 1990, c. 0.18, s. 37(4).
Conflict
(5)Where there is a conflict between an easement or covenant entered into by a council of a municipality under subsection(1)and
section 33 or 34, the easement or covenant shall prevail. R.S.O. 1990, c. 0.18, s. 37(5).
Section Amendments with date in force(d/m/y) [+]
Inspection
38(1) For the purpose of carrying out this Part,any person authorized by the council of a municipality in writing may, upon producing
proper identification, inspect at any reasonable time property designated or property proposed to be designated under this Part where a
notice of intention to designate has been served and published under subsection 29(3).
Obstruction of investigator
(2) No person shall obstruct a person authorized to make an investigation under this section or conceal or destroy anything relevant to
the subject-matter of the investigation. R.S.O. 1990, c. 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
(2)The amount of any loan made under a by-law passed under subsection(1), together with interest at a rate to be determined by the
council, may be added by the clerk of the municipality to the collector's roll and collected in like manner as municipal taxes over a
period fixed by the council, not exceeding five years, and such amount and interest shall, until payment thereof, be a lien or charge
upon the land in respect of which the loan was made. R.S.O. 1990, c. 0.18, s. 39(2).
Non-application of s. 106 of Municipal Act,2001
(3)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).
Section Amendments with date in force(d/m/y) [+]
PART V
HERITAGE CONSERVATION DISTRICTS
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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
(2)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
(3)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).
Section Amendments with date in force(d/m/y) [+]
Application
39.1.1 (1)This Part does not apply to property described in clause 25.2(2)(a). 2005, c. 6. s.28.
Conflict
(2) 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.
Section Amendments with date in force(d/m/y) [+]
Principles
39.1.2 A council of a municipality shall consider the prescribed principles, if any,when the council exercises a decision-making authority
under a prescribed provision of this Part.2019, c. 9, Sched. 11, s. 17.
Section Amendments with date in force(d/m/y) [+]
Register
39.2(1)The clerk of a municipality shall keep a register of all heritage conservation districts designated under this Part that are situate
in the municipality and shall ensure that the register contains a map or description of the area of each such heritage conservation
district. 2002, c. 18, Sched. F, s. 2(21).
Extracts
(2)The clerk of a municipality shall issue extracts from the register referred to in subsection(1)to any person on payment of the fee set
by the municipality by by-law. 2002, c. 18, Sched. F, s. 2(21).
Section Amendments with date in force(d/m/y) [+]
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
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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.
Section Amendments with date in force(d/m/y) [+]
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.
Same
(2)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
(3) 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 Tribunal
(4)Any person who objects to a by-law passed under subsection(1) may appeal to the Tribunal 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 charged by the Tribunal. 2017, c. 23, Sched. 5, s. 65;2021, c. 4, Sched. 6,
s. 74 (2).
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
(6)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.
Section Amendments with date in force(d/m/y) [+]
Designation of heritage conservation district
41 (1)The council of the municipality may, by by-law, designate the municipality or any defined area or areas of it as a heritage
conservation district if,
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(a) there is in effect in the municipality an official plan that contains provisions relating to the establishment of heritage conservation
districts; and
(b) where criteria for determining whether a municipality or an area of a municipality is of cultural heritage value or interest have
been prescribed, the municipality or any defined area or areas of the municipality meets the prescribed criteria. 2022, c. 21,
Sched. 6, s. 5(1).
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 subsections 34.5(2)to(12), and not to this Part,with respect to any alterations of the
property or any demolition or removal referred to in clause 34.5(2)(b)or(c) in respect of the property.2005, c. 6. s. 30(1); 2019, c. 9,
Sched. 11, s. 18(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 referred to in subsection 34(1) in respect of 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); 2019, c. 9, Sched. 11, s. 18(2).
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 referred to in subsection 42
(1) in respect of the property, and is not subject to section 30 or to sections 33 to 34.4. 2005, c.6. s. 30(1); 2019, c. 9, Sched. 11, s. 18
(3).
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
(3) If the council of a municipality passes a by-law under this section designating the municipality or any defined area or areas of the
municipality as a heritage conservation district,the council shall cause notice of the passage of the by-law,
(a) to be served on each owner of property located in the heritage conservation district and on the 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 Tribunal
(4)Any person who objects to the by-law may appeal to the Tribunal by giving the Tribunal and 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 charged by the Tribunal. 2017, c. 23, Sched. 5, s. 66 (1); 2019, c. 9, Sched. 11, s. 18
(4); 2021, c.4, Sched. 6, s. 74 (2).
If no notice of appeal
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(5) If no notice of appeal is given 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
(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 and that a copy of the registered by-law is served on the Trust. 2005, c. 6. s. 30 (2);2019, c. 9, Sched. 11, s. 18
(5).
If notice of appeal
(6) If a notice of appeal is given within the time period specified in subsection(4), the Tribunal shall hold a hearing and, before holding
the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine. 2017, c. 23,
Sched. 5, s. 66(2); 2019, c. 9, Sched. 11,s. 18(6).
Powers of Tribunal
(7)After holding the hearing,the Tribunal 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 Tribunal 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 Tribunal's order.2017, c. 23, Sched. 5,
s. 66 (2).
Dismissal without hearing of appeal
(8) Despite the Statutory Powers Procedure Act and subsections(6)and (7), the Tribunal 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 Tribunal is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent ground upon which the Tribunal 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 charged by the Tribunal;
(d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal; 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 Tribunal believes there is no reasonable explanation for failing to do so. 2017, c. 23, Sched. 5, s. 66 (2);
2021, c. 4, Sched. 6, s. 74(2).
Representations
(9) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection(8), the Tribunal shall,
(a) notify the appellant of the proposed dismissal; and
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(b) give the appellant an opportunity to make representations with respect to the proposed dismissal. 2002, c. 18, Sched. F,
s. 2(25);2017, c. 23, Sched. 5,s. 62;2019, c. 9, Sched. 11, s. 18(7).
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 Tribunal under subclause(7)(b)(ii), the by-law, as amended by the Tribunal, 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); 2017, c.23, Sched. 5, s. 66(3).
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 and that a copy of the registered by-law is served on the Trust. 2005, c. 6, s. 30(4);
2019, c. 9, Sched. 11, s. 18(8).
Amendment of by-law
(10.2) If the council of a municipality wishes to amend a by-law made under this section, the council of a municipality shall do so in
accordance with such process as may be prescribed,which may require the municipality to adopt a heritage conservation district plan
for the relevant district. 2022, c.21, Sched. 6, s. 5(2).
Repeal of by-law
(10.3) If the council of a municipality wishes to repeal a by-law made under this section,the council of a municipality shall do so in
accordance with such process as may be prescribed. 2022, c.21, Sched. 6, s. 5(2).
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 Tribunal 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);2017, c. 23, Sched. 5, s. 62.
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 Tribunal 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) ; 2017, c. 23, Sched. 5, s. 66(4).
Section Amendments with date in force(d/m/y) [+]
Heritage conservation district plans
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
(2) 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.
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Notice
(3) 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
(4)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.
Same
(5.1)Where criteria have been prescribed for the purposes of clause 41 (1)(b), the statement referred to in clause(5)(b)of this section
must explain how the heritage conservation district meets the prescribed criteria. 2022, c. 21, Sched. 6, s. 6 (1).
Consultation
(6) 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;
(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
(8)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
(9)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
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(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.
Amendment of by-law
(13) If the council of a municipality wishes to amend a by-law passed under subsection(2), the council of a municipality shall do so in
accordance with such process as may be prescribed. 2022, c.21, Sched. 6, s. 6 (2).
Repeal of by-law
(14) If the council of a municipality repeals a by-law passed under subsection (2), the council of a municipality shall do so in accordance
with such process as may be prescribed. 2022, c. 21, Sched. 6, s. 6(2).
Section Amendments with date in force(d/m/y) [+]
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
(2) 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.
Section Amendments with date in force(d/m/y) [+]
Erection,demolition,etc.
42(1) No owner of property situated in a heritage conservation district that has been designated by a municipality under this Part shall
do any of the following, unless the owner obtains a permit from the municipality to do so:
1. Alter, or permit the alteration of,any part of the property, other than the interior of any structure or building on the property.
2. Erect any building or structure on the property or permit the erection of such a building or structure.
3. Demolish or remove,or permit the demolition or removal of, any attribute of the property if the demolition or removal would affect
a heritage attribute described in the heritage conservation district plan that was adopted for the heritage conservation district in a
by-law registered under subsection 41 (10.1).
4. Demolish or remove a building or structure on the property or permit the demolition or removal of a building or structure on the
property. 2005, c. 6, s. 32 (1);2019, c. 9, Sched. 11, s. 19(1); 2022, c. 21, Sched. 6, s. 7 (1).
Exception
(2) Despite subsection(1), the owner of a property situated in a designated heritage conservation district may,without obtaining a
permit from the municipality, carry out such minor alterations or classes of alterations as are described in the heritage conservation
district plan in accordance with clause 41.1 (5)(e)to any part of the property in respect of which a permit would otherwise be required
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under subsection(1). 2005, c. 6, s. 32 (1).
Application for permit
(2.1)The owner of property situated in a designated heritage conservation district may apply to the municipality for a permit to alter any
part of the property other than the interior of a building or structure on the property or to do anything referred to in paragraph 2, 3 or 4 of
subsection (1) in respect of the property.2005, c. 6, s. 32 (1); 2019, c. 9, Sched. 11, s. 19(2).
Content of application
(2.2)An application under this section shall include such information as the council of the municipality may require. 2005, c. 6, s. 32(1).
Notice of receipt
(3)The council, upon receipt of an application under this section together with such information as it may require under subsection
(2.2), shall cause a notice of receipt to be served on the applicant. 2002, c. 18, Sched. F, s. 2(26);2005, c. 6, s. 32 (2); 2022, c. 21,
Sched. 6, s. 7 (2).
Decision of council
(4)Within 90 days after the notice of receipt is served on the applicant under subsection (3)or within such longer period as is agreed
upon by the applicant and the council, the council may give the applicant,
(a) the permit applied for;
(b) notice that the council is refusing the application for the permit; or
(c) the permit applied for,with terms and conditions attached. 2005, c. 6, s. 32(3).
Consultation
(4.1) If the council of a municipality has established a municipal heritage committee under section 28,the council shall, before taking
any action under subsection(4)with respect to an application to do anything referred to in paragraph 2, 3 or 4 of subsection(1) in
respect of the property in a heritage conservation district, consult with its municipal heritage committee. 2005, c. 6, s. 32(3); 2019, c. 9,
Sched. 11, s. 19(3).
Deemed permit
(5) If the council fails to do any of the things mentioned in subsection(4)within the time period mentioned in subsection(4), the council
shall be deemed to have given the applicant the permit applied for. 2002, c. 18, Sched. F,s. 2(26).
Appeal to Tribunal
(6) If the council refuses the permit applied for or gives the permit with terms and conditions attached, the owner of the property may
appeal to the Tribunal. 2005, c. 6,s. 32(4); 2017, c.23, Sched. 5, s. 62.
Notice of appeal
(7)To appeal to the Tribunal, the owner must give a notice of appeal to the Tribunal within 30 days after the owner receives notice that
the council is refusing the application,or receives the permit with the terms and conditions attached, as the case may be.2017, c. 23,
Sched. 5, s. 67.
Tribunal's powers
(8)The Tribunal shall hear the appeal and shall,
(a) dismiss the appeal; or
(b) direct that the permit be issued without terms and conditions or with such terms and conditions as the Tribunal by its order may
direct. 2017, c. 23, Sched. 5, s. 67.
Notice of Tribunal's decision
(8.1)The council shall serve notice of the Tribunal's decision under subsection(8)on the Trust. 2019, c. 9, Sched. 11, s. 19(4).
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Transition,prior failure to give permit or notice
(9) If, on the day subsection 2(26)of Schedule F to the Government Efficiency Act, 2002 comes into force, an appeal to the Tribunal,
that was commenced under subsection 44 (1)of this Act as a result of the council's failure to make a decision within the period provided
for in section 43 of this Act, has not been finally disposed of,
(a) subsection(5)of this section does not apply;
(b) despite its repeal by subsection 2(26)of Schedule F to the Government Efficiency Act, 2002, subsection 44(1)of this Act, as it
read immediately before the day subsection 2 (26)of Schedule F to the Government Efficiency Act, 2002 came into force,
continues to apply to the appeal. 2002, c. 18, Sched. F, s.2 (26); 2017, c. 23, Sched. 5, s. 62.
Transition
(10) If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, an owner of property situated in a
designated heritage conservation district had applied to a municipality for a permit 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(4),as amended by subsection 32(3)of the Ontario
Heritage Amendment Act, 2005; and
(b) subsections(10)and (12), as they read immediately before the day Ontario Heritage Amendment Act, 2005 received Royal
Assent,do not apply if the council decides to refuse the application. 2005, c. 6, s. 32(5).
Same
(11) If, on or before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, an owner of property situated in a
designated heritage conservation district had applied to a municipality for a permit to demolish or remove a building or structure on the
property and the council of the municipality had refused the application under subsection(4), 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(10)(b)or(12)(b), as they read
immediately before that day,
(a) subsections(10)and (12), 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. 32 (5).
Same,exception
(12) Despite subsections(10)and (11), if, on the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, a situation
described in subsection(11)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(10)and (12), 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 property; and
(c) section 43,as it read immediately before the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, continues
to apply to the application. 2005, c. 6,s. 32(5).
Transition,appeal to Tribunal
(13)Within 90 days of the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, the owner of property situated in a
heritage conservation district designated under section 41 who, before that day, had been refused an application to demolish or remove
a building or structure from the property under subsection (4) by the council of a municipality, may appeal the decision to the Tribunal 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(4) by virtue of subsection(11); and
(b) subsection(12)does not apply to the application. 2005, c. 6, s. 32(5);2017, c. 23, Sched. 5,s. 62.
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Notice of appeal
(14)An owner of property who wishes to appeal the decision of the council of a municipality under subsection(13)shall,within 90 days
of the day the Ontario Heritage Amendment Act, 2005 received Royal Assent, give notice of appeal to the Tribunal and to the clerk of
the municipality.2005, c. 6, s. 32 (5); 2017, c. 23, Sched. 5, s. 62.
Application
(15)Subsections(7)and (8)apply with necessary modification to an appeal under this section. 2005, c. 6, s. 32(5).
Delegation
(16)The council of a municipality may delegate by by-law its power to grant permits for the alteration of property situated in a heritage
conservation district designated under this Part to an employee or official of the municipality if the council has established a municipal
heritage committee and consulted with it before the delegation. 2005, c. 6,s. 32(6).
Same
(17)A by-law under subsection(16) may specify the alterations or classes of alterations in respect of which power to grant permits is
delegated to the employee or official of the municipality. 2005, c. 6, s. 32(6).
Section Amendments with date in force(d/m/y) [+1
43,44 REPEALED: 2005, c. 6, s. 33.
Section Amendments with date in force(d/m/y) [+1
Application,ss.36 to 39
45 Sections 36, 37, 38 and 39 apply in respect of any building or structure and the land appurtenant thereto that is situate within the
area that has been designated by by-law under this Part as a heritage conservation district. R.S.O. 1990, c. 0.18, s. 45.
Building standards by-law
45.1 (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 situated in a heritage conservation
district designated under this Part; and
(b) require property that is situated in a heritage conservation district designated under this Part and that does not comply with the
standards to be repaired and maintained to conform with the standards. 2005, c. 6, s. 34.
Application
(2)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. 34.
Section Amendments with date in force(d/m/y) [+1
Delegation
46 The council of a municipality that forms part of an upper-tier municipality may delegate its power under this Part to the council of the
upper-tier municipality. 2002, c. 17, Sched. F, Table.
Section Amendments with date in force(d/m/y) [+1
PART VI
CONSERVATION OF RESOURCES OF ARCHAEOLOGICAL VALUE
Definitions, Part VI
47 In this Part,
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"designated property" means property that is designated by the Minister under this Part; ("bien designe")
"property" means real property, but does not include buildings or structures other than ruins, burial mounds, petroglyphs and
earthworks. ("bien") R.S.O. 1990, c. 0.18, s. 47.
Licence,activity on archaeological sites
48(1)Subject to subsection(2), no person shall do any of the following unless the person applies to the Minister and is issued a licence
under this Part that allows the person to carry out the activity in question:
1. Carry out archaeological fieldwork.
2. Knowing that a site is a marine or other archaeological site,within the meaning of the regulations, alter the site or remove an
artifact or any other physical evidence of past human use or activity from the site.
3. With respect to a marine archaeological site that is prescribed,
i. Dive within 500 metres of the site or within any other distance of the site as may be prescribed.
ii. Operate within 500 metres of the site or within any other distance of the site as may be prescribed any type of
submersible vehicle, including a remotely operated vehicle, autonomous underwater vehicle or submarine.
iii. Operate within 500 metres of the site or within any other distance of the site as may be prescribed any type of
equipment, machine,device or thing capable of being used to conduct a survey,whether towed or not, including a side
scan sonar or a camera. 2002, c. 18, Sched. F, s. 2(27); 2005, c. 6, s. 35; 2009, c. 33, Sched. 11, s. 6 (15); 2019, c. 9,
Sched. 11, s.20 (1).
No licence required
(2)A licence is not required if,
(a) the site is prescribed, or belongs to a prescribed class of sites;
(b) the activity undertaken can be classified as normal agricultural work or the routine maintenance of property; or
(c) the activity undertaken is prescribed,or belongs to a prescribed class of activities. 2002, c. 18, Sched. F, s. 2(27); 2019, c. 9,
Sched. 11, s.20 (2).
Same
(3)A licence is not required under subsection (1) if,
(a) a licensee under this Part,
(i) has already completed archaeological fieldwork,within the meaning of the regulations, on the site, and
(ii) has provided a report to the Minister under subsection 65(1)stating that the site has no further cultural heritage value or
interest; and
(b) the report referred to in subclause(a)(ii) has been filed in the register referred to in section 65.1. 2009, c. 33, Sched. 11,
s. 6(16).
Limits of licence
(4)A licence issued under this Part,
(a) is effective only in the geographic area specified in the licence;
(b) subject to subsection(9), is effective only for the term specified in the licence or, if the licence does not specify a term, is
effective indefinitely;
(c) permits the carrying out of a type of archaeological fieldwork only if that type of archaeological fieldwork is specified in the
licence; and
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(d) may contain such other terms and conditions to give effect to the purposes of this Part as the Minister may direct. 2002, c. 18,
Sched. F, s. 2 (28).
Licence not transferable
(5)A licence is not transferable. R.S.O. 1990, c. 0.18, s. 48(5).
Application
(6)An application to the Minister for a licence or renewal of a licence to carry out archaeological fieldwork may be made only by an
individual. 2002, c. 18, Sched. F,s. 2(29).
Same
(7)The application shall contain such information as the Minister may require and shall be submitted in such form and manner as the
Minister may require. 2002, c. 18, Sched. F, s. 2 (29).
Issuance of licence
(8)The Minister may issue a licence of a class prescribed under clause 70 (1)(d.1)to an applicant if the applicant proves, to the
satisfaction of the Minister, that,
(a) the applicant is competent to conduct archaeological fieldwork in a responsible manner in accordance with this Part and the
regulations;
(b) the past conduct of the applicant does not afford reasonable grounds for the belief that the archaeological fieldwork will not be
carried out in accordance with this Part and the regulations;
(c) the activities proposed by the applicant are consistent with the conservation, protection and preservation of the heritage of
Ontario; and
(d) the applicant is in compliance with such eligibility criteria and other requirements for the issuance of a licence of that class as
may be prescribed. 2002, c. 18, Sched. F, s. 2(29); 2009, c. 24, s. 29(1, 2); 2019, c. 9, Sched. 11,s. 20(3).
Non-application
(8.1)Subsection(8)does not apply to an applicant to whom subsection (8.2)applies. 2009, c. 24,s. 29(3).
When applicant holds a licence from another Canadian jurisdiction
(8.2)The Minister may issue a licence of a class prescribed under clause 70(1)(d.1)to an applicant if the applicant proves, to the
satisfaction of the Minister, that,
(a) he or she holds an authorizing certificate,as defined in the Ontario Labour Mobility Act, 2009, granted by an out-of-province
regulatory authority, as defined in the Ontario Labour Mobility Act, 2009, and the authorizing certificate is in good standing;
(b) the authorizing certificate permits the applicant to carry out, in a province or territory of Canada that is a party to the Agreement
on Internal Trade, as defined in the Ontario Labour Mobility Act, 2009, the same type of archaeological fieldwork as that
permitted by the class of licence being applied for;
(c) the past conduct of the applicant does not afford reasonable grounds for the belief that the archaeological fieldwork will not be
carried out in accordance with this Part and the regulations;
(d) the activities proposed by the applicant are consistent with the conservation, protection and preservation of the heritage of
Ontario; and
(e) the applicant is in compliance with such eligibility criteria and other requirements for the issuance of a licence of that class as
may be prescribed and as do not contravene the Ontario Labour Mobility Act, 2009. 2009, c. 24, s. 29(3); 2019, c. 9, Sched. 11,
s. 20 (4).
Revocation and refusal to renew
(9)Subject to section 49, the Minister may refuse to renew or may suspend or revoke a licence,
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(a) for any reason that would prevent the Minister from issuing a licence to the licensee under subsection(8)or(8.2) if the licensee
were an applicant; or
(b) if the licensee is in breach of a term or condition of the licence. 2002, c. 18, Sched. F, s.2 (29); 2009, c. 24, s. 29(4).
Section Amendments with date in force(d/m/y) [+]
Refusal or revocation,etc.,of licence
49(1)Where the Minister proposes to refuse to issue or renew a licence or proposes to suspend or revoke a licence, he or she shall
serve notice of the proposal, together with written reasons therefor, on the applicant or licensee. R.S.O. 1990, c. 0.18, s. 49(1); 2002,
c. 18, Sched. F, s.2 (30).
Notice requiring hearing
(2)A notice under subsection(1)shall inform the applicant or licensee of the entitlement to a hearing by the Tribunal if the applicant or
licensee mails or delivers to the Minister,within fifteen days after the notice under subsection(1) is served, notice in writing requiring a
hearing, and the applicant or licensee may so require such a hearing. R.S.O. 1990, c. 0.18, s. 49(2); 1993, c. 27, Sched.; 2021, c.4,
Sched. 6, s. 74(1).
Powers of Minister where no hearing
(3)Where an applicant or licensee does not require a hearing by the Tribunal in accordance with subsection (2), the Minister may carry
out the proposal stated in the notice under subsection(1). R.S.O. 1990, c. 0.18, s.49(3); 2021, c. 4, Sched. 6,s. 74(1).
Referral to Tribunal
(4)Where an applicant or licensee requires a hearing by the Tribunal in accordance with subsection(2), the Minister shall refer the
matter to the Tribunal for a hearing and report. R.S.O. 1990, c. 0.18, s. 49(4); 2021, c. 4, Sched. 6,s. 74(1).
Hearing
(5) Pursuant to a reference by the Minister under this section, the Tribunal shall, as soon as is practicable, hold a hearing to determine
whether the Minister should refuse to issue or renew a licence or should suspend or revoke a licence, as the case may be,and the
Minister, the applicant or licensee and such other persons as the Tribunal may specify are parties to the hearing. R.S.O. 1990, c. 0.18,
s. 49(5);2002, c. 18, Sched. F, s. 2(31); 2021, c.4, Sched. 6, s. 74(1).
(6) REPEALED: 2021, c. 4, Sched. 6, s. 74 (7).
(7) REPEALED: 2005, c. 6, s. 36.
Report
(8)The Tribunal shall,within thirty days after the conclusion of a hearing under this section, make a report to the Minister setting out its
findings of fact, its recommendations and any information or knowledge used by it in reaching its recommendations, and the Tribunal
shall send a copy of its report to the other parties to the hearing. R.S.O. 1990, c. 0.18, s. 49(8);2021, c. 4, Sched. 6, s. 74(1).
Failure to report
(9) If the Tribunal fails to make a report within the time limited by subsection(8), such failure does not invalidate the procedure. R.S.O.
1990, c. 0.18, s.49(9); 2021, c. 4, Sched. 6, s. 74(1).
Decision of Minister
(10)After considering the report under this section, the Minister without a further hearing shall carry out the proposal or refrain from
carrying it out or take such action as he or she considers proper in accordance with this Part and the regulations, and the Minister's
decision is final. R.S.O. 1990, c. 0.18, s.49(10).
Request for cancellation
(11) Despite subsection(1), the Minister may cancel a licence if the licensee requests its cancellation in writing. 2002, c. 18, Sched. F,
s. 2(32).
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Withdrawal of hearing request
(12)An applicant or licensee who has submitted a notice requiring a hearing under subsection(2) may withdraw the notice at any time
before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Tribunal and, upon
receipt of the notice of withdrawal, the Tribunal shall not hold a hearing into the matter or, if a hearing into the matter is in progress,
shall discontinue the hearing and the Minister may carry out the proposal stated in the notice under subsection (1)as if no notice had
been submitted under subsection (2). 1996, c.4, s. 60; 2021, c. 4, Sched. 6, s. 74(1).
Section Amendments with date in force(d/m/y) [+]
Extension of time
50(1)The Minister may extend the time for requiring a hearing under section 49, either before or after expiration of the time fixed
therein, if satisfied that there are apparent grounds for granting relief to the applicant or licensee pursuant to a hearing and that there
are reasonable grounds for applying for the extension,and may give such directions as he or she considers proper consequent upon
the extension. R.S.O. 1990, c. 0.18, s. 50 (1).
Continuance pending renewal
(2) If a licensee applies for renewal of a licence before the end of the term of the licence, the licence shall be deemed to continue,
(a) until the renewal is granted;or
(b) where the licensee is served with notice under section 49 that the Minister proposes to refuse to grant the renewal, until the time
for giving notice requiring a hearing has expired,or until the Minister after considering the report of the Tribunal carries out the
proposal stated in the notice under subsection 49(1). R.S.O. 1990, c. 0.18, s. 50 (2); 2002, c. 18, Sched. F, s. 2(33); 2021, c. 4,
Sched. 6, s. 74(1).
Section Amendments with date in force(d/m/y) [+]
Provisional refusal or revocation,etc.
51 Despite sections 49 and 50, the Minister, by notice to a licensee and without a hearing, may provisionally refuse renewal of, suspend
or revoke a licence where in the Minister's opinion it is necessary to do so for the immediate protection and preservation of a property
or an artifact for the purposes of this Part or where the continuation of archaeological fieldwork under the licence is in the Minister's
opinion an immediate threat to the public's interest and the Minister so states in such notice, giving his or her reasons therefor,and
thereafter section 49 applies as if the notice given under this section were a notice of a proposal to revoke the licence under subsection
49(1). R.S.O. 1990, c. 0.18, s. 51; 1993, c. 27, Sched.; 2002, c. 18, Sched. F, s. 2 (34).
Section Amendments with date in force(d/m/y) [+]
Appointment of inspectors
51.1 (1)The Deputy Minister may appoint inspectors for the purposes of carrying out inspections under section 51.2. 2005, c. 6, s. 37.
Certificate of appointment
(2)The Deputy Minister shall issue to every inspector a certificate of appointment bearing his or her signature or a facsimile of his or her
signature. 2005, c. 6, s. 37.
Production of certificate
(3)An inspector conducting an inspection under section 51.2 shall produce his or her certificate of appointment upon request. 2005,
c. 6, s. 37.
Section Amendments with date in force(d/m/y) [+]
Inspection
51.2(1)An inspector may conduct an inspection for the purpose of ensuring that a person licensed under section 48 is complying with
the Act and the regulations and remains entitled to a licence under the Act. 2005, c. 6, s. 37.
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Power of entry
(2)An inspector conducting an inspection may enter and inspect any of the following places:
1. An archaeological site or any other land on which a licensee is carrying out archaeological fieldwork.
2. An archaeological site or any other land on which archaeological fieldwork is no longer being carried out but was carried out by a
licensee within the one-year period preceeding the inspection.
3. A laboratory at which artifacts and other materials found on an archaeological site are analysed.
4. A building or structure in which the licensee stores artifacts and other materials found at an archaeological site.
5. A licensee's business premises. 2005, c. 6, s. 37.
Dwellings
(3)An inspector entering a place under subsection(2)shall not enter any part of the place that is used as a dwelling without the
consent of the occupant. 2005, c. 6, s. 37.
Powers of inspector
(4)While carrying out an inspection,an inspector may,
(a) take up and examine any artifact, device,article, thing or material;
(b) require a person at the place being inspected to produce any artifact, drawing,field notes, specifications, licence, document,
record, report, photograph, video or other visual recording or any other material or thing that is relevant to the inspection and
examine, audit or make copies of such material or things;
(c) upon giving a receipt therefore, remove,for the purpose of making copies or extracts, any material or thing referred to in clause
(b);
(d) conduct tests at the place being inspected or take samples from the place, including tests conducted on, or samples taken from,
artifacts found at the place;
(e) require in writing that any test or sample referred to in clause(d) be conducted or taken by a person specified by the inspector,
including a person having special, expert or professional knowledge or qualifications accompanying the inspector under
subsection (6);
(f) require the person conducting or taking tests or samples to provide a report to the inspector within such time as the inspector
may specify;
(g) take photographs, video or other visual recording, make acoustic recordings or make notes of the field or site conditions, of the
conditions of any other place being inspected or of the artifacts or materials found at the place and take with him or her such
equipment or recording materials required for this purpose;
(h) make such inquiries of any person working at the place being inspected as are relevant to the inspection;
(i) observe on-going field work being carried out on an archaeological site or on other lands on which archaeological fieldwork is
carried out or observe laboratory work taking place in a laboratory;
Q) prohibit persons from entering an archaeological site or other lands on which archaeological fieldwork is carried out, a laboratory
or storage area or parts thereof for a reasonable period of time for the purposes of carrying out an examination, excavation or
test. 2005, c. 6, s. 37.
Return of things removed
(5)An inspector who removes any material or other thing from a place under clause(4)(c)shall return them to the licensee from whom
they were taken within a reasonable time. 2005, c. 6, s. 37.
Experts,etc.
(6)An inspector entering premises under subsection(2)may be accompanied by a person having special, expert or professional
knowledge of any matter relevant to the inspection. 2005, c.6, s. 37.
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Use of force
(7)An inspector is not entitled to use force to enter and inspect a place. 2005, c. 6, s. 37.
Time of entry
(8)An inspector may enter a place referred to in subsection(2),
(a) in the case of a place referred to in paragraphs 2, 3, 4 and 5 of subsection(2), during normal business hours;and
(b) in the case of a place referred to in paragraph 1 of subsection(2), at any time at which archaeological fieldwork is being carried
out. 2005, c. 6, s. 37.
Obstruction of inspector
(9) No person shall obstruct an inspector conducting an inspection under this section or withhold from him or her or conceal or destroy
any artifact, document, material or thing that is relevant to the inspection. 2005, c. 6, s. 37.
Obligation to assist
(10)Any person shall, on request by an inspector, provide such assistance as is reasonably necessary. 2005, c. 6, s. 37.
Obligation to produce
(11)A person who is required to produce an artifact, document, material or thing under clause(4)(b)shall produce it. 2005, c. 6, s. 37.
False information
(12) No person shall knowingly furnish an inspector with false information or neglect or refuse to furnish information to an inspector.
2005, c. 6,s. 37.
Section Amendments with date in force(d/m/y) [+]
Report by inspector
51.3 If an inspector believes that a person licensed under section 48 has failed to comply with the Act, the regulations or a term of the
licence, the inspector shall prepare a report and provide a copy of the report to the Minister and to the licensee. 2005, c. 6, s. 37.
Section Amendments with date in force(d/m/y) [+]
Designation process
52(1)Where the Minister, after consultation with the Trust, intends to designate a property to be of archaeological or historical
significance, he or she shall cause notice of intention to designate to be given by the Trust in accordance with subsection(2). R.S.O.
1990, c. 0.18, s. 52 (1); 2005, c. 6, s. 1.
Notice of intention
(2) Notice of intention to designate under subsection(1)shall be,
(a) served on the owner of the property and on the clerk of the municipality in which the property is situate; and
(b) published in a newspaper having general circulation in the municipality in which the property is situate. R.S.O. 1990, c. 0.18,
s. 52 (2).
Contents of notice
(3) Notice of intention to designate under subsection(1)shall contain,
(a) an adequate description of the property so that it may be readily ascertained;
(b) a statement of the reason for the proposed designation;
(c) a statement of the period of time that the designation of the property is to remain in effect; and
(d) a statement that notice of objection to the designation may be served on the Minister within thirty days of the date of publication
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of the notice of intention in a newspaper having general circulation in the municipality in which the property is situate. R.S.O.
1990, c. 0.18, s. 52 (3); 1996, c. 4, s. 61 (1).
Objection
(4)A person who objects to a proposed designation may,within thirty days of the date of publication of the notice of intention in a
newspaper having general circulation in the municipality in which the property is situate,serve on the Minister a notice of objection
setting out the reason for the objection and all relevant facts. R.S.O. 1990, c. 0.18, s. 52(4); 1996, c. 4,s. 61 (2).
Where no notice of objection
(5)Where no notice of objection is served within the thirty-day period under subsection(4), the Minister shall,
(a) make an order designating the property for the period provided for in the notice of intention referred to in subsection (3)and
cause a copy of the order together with the reasons for the designation,
(i) to be registered against the property affected in the proper land registry office, and
(ii) to be served on the owner and on the clerk of the municipality in which the property is situate,
and publish a notice of such order in a newspaper having general circulation in the municipality in which the property is situate; or
(b) withdraw the notice of intention to designate the property by serving and publishing notice of such withdrawal in the manner and
to the persons as required for the notice of intention to designate under subsection(2). R.S.O. 1990, c. 0.18, s. 52 (5).
Referred to Tribunal
(6)Where a notice of objection has been served under subsection(4), the Minister shall, upon expiration of the thirty-day period under
subsection (4), refer the matter to the Tribunal for a hearing and report. R.S.O. 1990, c. 0.18, s. 52(6); 2021, c.4, Sched. 6, s. 74(1).
Hearing
(7) Pursuant to a reference by the Minister under subsection(6), the Tribunal,as soon as is practicable, shall hold a hearing open to the
public to determine whether the property in question should be designated, and the Minister,the owner, any person who has filed an
objection under subsection(4)and such other persons as the Tribunal may specify, are parties to the hearing. R.S.O. 1990, c. 0.18,
s. 52 (7);2021, c.4, Sched. 6, s. 74(1).
Place of hearing
(8) Notice of a hearing under subsection(7)shall be published in a newspaper having general circulation in the municipality in which the
property is situate at least ten days prior to the date of such hearing. R.S.O. 1990, c. 0.18, s. 52 (8); 2021, c. 4, Sched. 6, s. 74(8).
(9) REPEALED: 2021, c. 4, Sched. 6, s. 74 (9).
(10) REPEALED: 2005, c. 6, s. 38.
Report
(11)Within thirty days after the conclusion of a hearing under subsection(7),the Tribunal shall make a report to the Minister setting out
its findings of fact, its recommendations as to whether or not the property should be designated under this Act and any information or
knowledge used by it in reaching its recommendations, and the Tribunal shall send a copy of its report to the other parties to the
hearing. R.S.O. 1990, c. 0.18, s. 52 (11);2021, c. 4, Sched. 6, s. 74(1).
Failure to report
(12)Where the Tribunal fails to make a report within the time limited by subsection (11),such failure does not invalidate the procedure.
R.S.O. 1990, c. 0.18, s. 52(12); 2021, c. 4, Sched. 6, s. 74(1).
Decision of Minister
(13)After considering the report under subsection(11), the Minister without a further hearing shall,
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(a) make an order designating the property for the period provided for in the notice of intention referred to in subsection (3)and
cause a copy of the order together with the reasons for the designation,
(i) to be registered against the property affected in the proper land registry office,
(ii) to be served on the owner and on the clerk of the municipality in which the property is situate,
and publish a notice of such order in a newspaper having general circulation in the municipality in which the property is situate; or
(b) withdraw the notice of intention to designate the property by serving and publishing notice of such withdrawal in the manner and
to the persons as required for the notice of intention to designate under subsection(2),
and the decision is final. R.S.O. 1990, c. 0.18, s. 52(13).
Withdrawal of objection
(14)A person who has served a notice of objection under subsection(4) may withdraw the objection at any time before the conclusion
of a hearing into the matter by serving a notice of withdrawal on the clerk of the municipality and on the Tribunal. 2009, c. 33,
Sched. 11, s. 6 (17); 2021, c. 4, Sched. 6, s. 74(1).
No hearing
(15) If the Tribunal has received notices of withdrawal for all the notices of objection that were served under subsection(4), the Tribunal
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(17); 2021, c.4, Sched.
6, s. 74(1).
Section Amendments with date in force(d/m/y) [+]
Application of s.56
53 Where a notice of intention to designate a property has been served and published under subsection 52(2)and has not been
withdrawn under clause 52(5)(b)or 52 (13)(b),section 56 applies as if such property were designated property. R.S.O. 1990, c. 0.18,
s. 53.
Revocation of designation,Minister's initiative
54 The Minister may at any time, after consultation with the Trust,order the designation of a property designated under this Part to be
revoked and where the designation is revoked shall,
(a) cause a copy of the revoking order to be served on the owner and on the clerk of the municipality in which the property is
situate;
(b) cause notice of the revoking order to be published in a newspaper having general circulation in the municipality in which the
property is situate;
(c) cause reference to the property to be deleted from the Register referred to in section 23;and
(d) cause a copy of the revoking order to be registered against the property affected in the proper land registry office. R.S.O. 1990,
c. 0.18, s. 54; 2005, c. 6, s. 1.
Section Amendments with date in force(d/m/y) [+]
Revocation of designation,owner's initiative
55(1)An owner of property designated under this Part may apply to the Minister to have the designation revoked. R.S.O. 1990,
c. 0.18, s. 55(1).
Decision of Minister
(2)The Minister after consultation with the Trust shall consider an application under subsection(1)and may consult with the council of
the municipality in which the designated property is situate and within ninety days of receipt thereof shall,
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(a) refuse the application and cause notice of the decision to be given to the owner; or
(b) consent to the application and order the designation of the property to be revoked, and shall cause,
(i) a copy of the order to be served on the owner and the clerk of the municipality in which the property is situate,
(ii) reference to the property to be deleted from the Register referred to in section 23,
(iii) notice of such revocation of the designation of the property to be published in a newspaper having general circulation in
the municipality in which the property is situate, and
(iv) a copy of the order to be registered against the property affected in the proper land registry office. R.S.O. 1990,
c. 0.18, s. 55(2); 2005, c. 6,s. 1.
Extension of time
(3)The applicant and the Minister may agree to extend the time under subsection(2)and,where the Minister fails to notify the applicant
of the decision within ninety days after receipt of the application or within such extended time as may be agreed upon,the Minister shall
be deemed to have consented to the application. R.S.O. 1990, c. 0.18, s. 55(3).
Application for hearing
(4)Where the Minister refuses an application under subsection(2), the owner may,within thirty days after receipt of the notice under
subsection (2), apply to the Minister for a hearing before the Tribunal. R.S.O. 1990, c. 0.18, s. 55(4);2021, c. 4, Sched. 6, s. 74(1).
Referral to Tribunal
(5)The Minister shall, upon receipt of a notice under subsection(4), refer the matter to the Tribunal for a hearing and report, and shall
publish a notice of the hearing in a newspaper having general circulation in the municipality in which the designated property is situate
at least ten days prior to the date of the hearing. R.S.O. 1990, c. 0.18,s. 55(5); 2021, c. 4, Sched. 6, s. 74 (1).
Hearing
(6)The Tribunal shall, as soon as is practicable, hold a hearing open to the public to review the application and the Minister and the
owner and such other persons as the Tribunal may specify are parties to the hearing. R.S.O. 1990, c. 0.18, s. 55(6); 2021, c. 4,
Sched. 6, s. 74(1).
(7) REPEALED: 2021, c. 4, Sched. 6, s. 74 (10).
(8) REPEALED: 2005, c. 6, s. 39.
Report
(9)Within thirty days after the conclusion of a hearing under subsection (6),the Tribunal shall make a report to the Minister setting out
its findings of fact, its recommendations as to whether or not the application should be approved,and any information or knowledge
used by it in reaching its recommendations, and shall send a copy of its report to the other parties to the hearing. R.S.O. 1990, c. 0.18,
s. 55(9);2021, c. 4, Sched. 6, s. 74(1).
Failure to report
(10)Where the Tribunal 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. 55(10); 2021, c. 4, Sched. 6, s. 74(1).
Decision of Minister
(11)After considering the report under subsection (9), the Minister without a further hearing shall,
(a) refuse the application and cause notice of the decision to be given to the owner; or
(b) consent to the application and order the designation of the property revoked, and cause,
(i) a copy of the order to be served on the owner and the clerk of the municipality in which the property is situate,
(ii) reference to the property to be deleted from the Register referred to in section 23,
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(iii) notice of the revocation to be published in a newspaper having general circulation in the municipality in which the
property is situate, and
(iv) a copy of the order to be registered against the property affected in the proper land registry office,
and the decision is final. R.S.O. 1990, c. 0.18, s. 55(11).
Withdrawal of application
(12)The owner may withdraw an application made under subsection(4)at any time before the conclusion of a hearing into the matter
by serving a notice of withdrawal on the Minister and on the Tribunal and, upon receipt of the notice of withdrawal, the Tribunal shall not
hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the Minister shall act in
accordance with subsection(2)as if no application had been made under subsection (4). 1996, c.4, s. 62; 2021, c. 4, Sched. 6,s. 74
(1).
Section Amendments with date in force(d/m/y) [+]
Permit for excavation,etc.
56(1) No person shall excavate or alter property designated under this Part or remove any artifact therefrom without first applying to the
Minister and receiving a permit therefor. R.S.O. 1990, c. 0.18, s. 56 (1); 2002, c. 18, Sched. F, s. 2(35).
Issuance of permit
(2)An applicant is entitled to a permit or renewal of a permit by the Minister to excavate or alter designated property and remove
artifacts therefrom except where the Minister is of the opinion that such excavation,alteration or the taking or removal of artifacts would
impair or interfere with the protection of the designated property. R.S.O. 1990, c. 0.18,s. 56(2); 2002, c. 18, Sched. F, s. 2 (36).
Terms and conditions of permit
(3)A permit is subject to such terms and conditions to give effect to the purposes of this Part, including terms of rehabilitation and
security therefor as are consented to by the applicant, imposed by the Minister or as may be prescribed. R.S.O. 1990, c. 0.18,
s. 56 (3);2019, c. 9, Sched. 11, s. 21.
Permit not transferable
(4)A permit is not transferable. R.S.O. 1990, c. 0.18, s. 56(4).
Section Amendments with date in force(d/m/y) [+]
Permit,grounds for revocation and refusal to renew
57 Subject to section 58, the Minister may refuse to renew or may suspend or revoke a permit for any reason that would disentitle the
permittee to a permit under section 56 if the permittee were an applicant or where the permittee is in breach of a term or condition of the
permit. R.S.O. 1990, c. 0.18, s. 57; 2002, c. 18, Sched. F, s. 2(37).
Section Amendments with date in force(d/m/y) [+]
Refusal or revocation,etc.,of permit
58(1)Where the Minister proposes to refuse to issue or renew a permit or proposes to suspend or revoke a permit, he or she shall
serve notice of the proposal together with written reasons therefor on the applicant or permittee. R.S.O. 1990, c. 0.18, s. 58(1); 2002,
c. 18, Sched. F, s.2 (38).
Contents of notice
(2)A notice under subsection(1)shall state that the applicant or permittee is entitled to a hearing by the Tribunal if the applicant or
permittee mails or delivers to the Minister a written request for a hearing within fifteen days after service of the notice under subsection
(1). R.S.O. 1990, c. 0.18, s. 58(2); 2021, c. 4, Sched. 6,s. 74(1).
Minister may carry out proposals
(3)Where the applicant or permittee does not request a hearing by the Tribunal in accordance with subsection(2), the Minister may
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carry out the proposals stated in the notice under subsection (1). R.S.O. 1990, c. 0.18, s. 58(3); 2021, c.4, Sched. 6, s. 74(1).
Referral to Tribunal
(4)Where an applicant or permittee requests a hearing by the Tribunal in accordance with subsection(2), the Minister shall refer the
matter to the Tribunal for a hearing and report. R.S.O. 1990, c. 0.18, s. 58(4); 2021, c. 4, Sched. 6,s. 74(1).
Hearing
(5) Pursuant to a reference by the Minister under this section, the Tribunal shall, as soon as is practicable, hold a hearing as to whether
the permit to which the hearing relates should be issued or renewed or should be suspended or revoked, as the case may be, and the
applicant or permittee and such other persons as the Tribunal may specify shall be parties to the hearing. R.S.O. 1990, c. 0.18,
s. 58(5);2021, c. 4, Sched. 6, s. 74(1).
Place of hearing
(6) Notice of a hearing under subsection(5)shall be published in a newspaper having general circulation in the municipality in which the
property is situate at least ten days prior to the date of such hearing. R.S.O. 1990, c. 0.18, s. 58(6); 2021, c. 4, Sched. 6, s. 74(11).
(7) REPEALED: 2005, c. 6, s. 40.
Report
(8)Within thirty days after the conclusion of a hearing under subsection (5),the Tribunal shall make a report to the Minister setting out
its findings of fact, its recommendations as to the issue, renewal, suspension or revocation of the permit to which the hearing relates, as
the case may be, and any information or knowledge used by it in reaching its recommendations, and shall send a copy of its report to
the other parties to the hearing. R.S.O. 1990, c. 0.18, s. 58(8); 2021, c.4, Sched. 6, s. 74 (1).
Decision of Minister
(9)After considering a report made under this section, the Minister shall without a further hearing confirm or revise the decision under
subsection (1)with such modifications as the Minister considers proper and shall give notice of the decision and the reasons therefor to
the applicant or permittee and to the other parties to the hearing, and the decision is final. R.S.O. 1990, c. 0.18, s. 58(9).
Withdrawal of hearing request
(10)An applicant or permittee who has requested a hearing under subsection(2) may withdraw the request at any time before the
conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Tribunal and, upon receipt of the
notice of withdrawal, the Tribunal shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue
the hearing and the Minister may carry out the proposal stated in the notice under subsection(1)as if the applicant or permittee had not
requested a hearing. 1996, c.4, s. 63; 2021, c. 4, Sched. 6, s. 74(1).
Section Amendments with date in force(d/m/y) [+]
Extension of time
59(1)The Minister may extend the time for requiring a hearing under section 58, either before or after expiration of the time fixed
therein, if satisfied that there are apparent grounds for granting relief to the applicant or permittee pursuant to a hearing and that there
are reasonable grounds for applying for the extension and may give such directions as he or she considers proper consequent upon the
extension. R.S.O. 1990, c. 0.18,s. 59(1).
Continuance pending renewal
(2) If a permittee applies for renewal of a permit before the end of the term of the permit, the permit shall be deemed to continue,
(a) until the renewal is granted;or
(b) where the permittee is served with notice under section 58 that the Minister proposes to refuse to grant the renewal, until the
time for giving notice requiring a hearing has expired, or until the Minister after considering the report of the Tribunal carries out
the proposal stated in the notice under subsection 58(1). 2002, c. 18, Sched. F, s. 2(39); 2021, c. 4, Sched. 6, s. 74 (1).
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Section Amendments with date in force(d/m/y) [+]
Provisional refusal or revocation,etc.
60 Despite sections 58 and 59, the Minister, by notice to a permittee and without a hearing, may provisionally refuse renewal of, or
suspend the permittee's permit where the continuation of operations under the permit is, in the Minister's opinion an immediate threat to
the public's interest and the Minister so states in such notice, giving reasons therefor, and thereafter section 58 applies as if the notice
given under this section were a notice of a proposal to revoke the permit under subsection 58(1). R.S.O. 1990, c. 0.18, s. 60.
Licence or permit not authority to enter
61 The issue of a licence under section 48 or a permit under section 56 does not authorize the holder of such licence or permit to enter
upon any property. R.S.O. 1990, c. 0.18,s. 61.
Stop order
62(1)Where the Minister after consultation with the Trust is of the opinion that property is of archaeological or historical significance
and is likely to be altered,damaged,or destroyed by reason of commercial, industrial, agricultural, residential or other development, the
Minister may issue a stop order directed to the person responsible for such commercial, industrial,agricultural, residential or other
development prohibiting any work on the property for a period of no longer than 180 days, and within that period the Minister or any
person authorized by the Minister in writing may examine the property and remove or salvage artifacts from the property. R.S.O. 1990,
c. 0.18, s. 62(1); 2002, c. 18, Sched. F, s. 2(40); 2005, c. 6, s. 1.
Compensation
(2)Where a stop order is made by the Minister under subsection(1)and no agreement as to payment of compensation has been
reached by the Minister and the person affected by the stop order,the person affected by the stop order shall be entitled to
compensation for personal or business damages resulting from the stop order, and the Expropriations Act with respect to the
determination of compensation applies with necessary modifications as if the stop order imposed by this Part were an expropriation of
rights. R.S.O. 1990, c. 0.18, s. 62(2); 2021, c. 4, Sched. 6, s. 74(12).
Service of order
(3)The Minister may serve a stop order issued under this section on the person affected by the stop order 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 (18).
Service deemed effective
(4)Service under subsection (3) 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(18).
Section Amendments with date in force(d/m/y) [+]
Compensation where property designated
63 Where property is designated under section 52 and no agreement as to the payment of compensation has been reached by the
Minister with the owner, the owner shall be entitled to compensation for personal or business damages for the period provided for in the
order designating the property, and the Expropriations Act with respect to the determination of compensation applies with necessary
modifications as if the designation and the resulting restrictions imposed by this Act were an expropriation of rights. R.S.O. 1990,
c. 0.18, s. 63; 2021, c.4, Sched. 6, s. 74 (13).
Section Amendments with date in force(d/m/y) [+]
Inspection
64(1) For the purpose of carrying out this Part,any person authorized by the Minister in writing may, upon producing proper
identification, inspect at any reasonable time property designated or property proposed to be designated under this Part where a notice
of intention to designate has been served and published under subsection 52 (2).
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Obstruction of investigator
(2) No person shall obstruct a person authorized to make an investigation under this section or conceal or destroy anything relevant to
the subject-matter of the investigation. R.S.O. 1990, c. 0.18, s. 64.
Reports
65(1)When so required by the Minister, a licensee shall file with the Minister a report, containing full details of work done under the
licence and such other information as the Minister may require. 2005, c. 6, s. 41 (1).
Report of archaeological sites
(2)When so required by the Minister, a person, organization or corporation shall prepare and file with the Minister particulars of all
property of archaeological or historical significance in Ontario, known to such person, organization or corporation. R.S.O. 1990,
c. 0.18, s. 65(2).
Form and manner
(3)A report under subsection(1)and particulars under subsection(2)shall be filed with the Minister in such form and manner as the
Minister may require. 2005, c. 6, s. 41 (2).
Section Amendments with date in force(d/m/y) [+]
Provincial register
65.1 (1)The Minister shall establish and maintain a register of the reports referred to in subsection 65(1). 2005, c. 6, s.42.
Excluding information from register
(2)The Minister may exclude from a record that is entered in the register information relating to the location of an archaeological site.
2005, c. 6,s. 42.
Inspection
(3)The register shall be available for inspection by any person at a location, in a format and at the times determined by the Minister.
2009, c. 33, Sched. 11, s. 6(19).
Section Amendments with date in force(d/m/y) [+]
Artifacts may be held in trust
66(1)The Minister may direct that any artifact taken under the authority of a licence or a permit be deposited in such public institution
as the Minister may determine, to be held in trust for the people of Ontario. 2002, c. 18, Sched. F, s. 2(43).
Same
(2)Any artifact that is taken by a person who is not a licensee or by a licensee in contravention of a licence or this Part may be seized
by a person authorized to do so by the Minister and deposited in such public institution as the Minister may determine, to be held in
trust for the people of Ontario. 2002, c. 18, Sched. F, s. 2 (43).
Section Amendments with date in force(d/m/y) [+]
PART VII
GENERAL
Service
67(1)Any document required to be given,delivered or served under this Act or the regulations is sufficiently given, delivered or served
if it is served,
(O.a) by email to the last known email address of the person to whom delivery or service is required to be made;
(a) by personal service;
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(b) by mail to the last known address of the person to whom delivery or service is required to be made;
(c) by commercial courier to the last known address of the person to whom delivery or service is required to be made; or
(d) by a prescribed method. 2009, c. 33, Sched. 11, s. 6 (20); 2019, c. 7, Sched. 44, s. 1 (1); 2019, c. 9, Sched. 11, s. 22.
Same
(1.1)Subject to subsection(5), service or delivery by email is effective on the day of sending unless the document was sent after 5
p.m., in which case it is effective on the following day. If the day on which service or delivery would be effective is a Saturday or a
holiday, service or delivery is instead effective on the next day that is not a Saturday or a holiday.2019, c. 7, Sched. 44,s. 1 (2).
Same
(2) Personal service of a document is effective on the day it is given when it is left with the individual. 2009, c. 33, Sched. 11, s. 6 (20).
Same
(3)Subject to subsection(5), service or delivery of a document by mail is effective five days after the day the document is mailed.
2009, c. 33, Sched. 11, s. 6(20).
Same
(4)Subject to subsection(5), service or delivery of a document by commercial courier is effective two days after the day the commercial
courier received it. 2009, c. 33, Sched. 11, s. 6(20).
Same
(5)Subsections(1.1), (3)and (4)do not apply if the person establishes that the service was not effective at the time specified in those
subsections because of an absence, accident, illness or other cause beyond the person's control. 2009, c. 33, Sched. 11, s. 6 (20);
2019, c. 7, Sched.44, s. 1 (3).
Section Amendments with date in force(d/m/y) [+]
67.1 REPEALED: 2021, c. 4, Sched. 6, s. 74 (14).
Section Amendments with date in force(d/m/y) [+]
Designation under public or private Acts
68(1)Where, before the 5th day of March, 1975, a building or structure is designated by by-law under any public or private Act as a
building or structure of historic or architectural value or interest, the building or structure shall be deemed to be property designated
under Part IV of this Act and Part IV applies.
Land deemed to be property under Part VI
(2)Where, before the 5th day of March, 1975, land was designated under The Archaeological and Historic Sites Protection Act as an
archaeological or historic site, as the case may be, the land shall be deemed to be property designated under Part VI of this Act and
Part VI applies.
Conflict
(3)Where there is a conflict between this Act or the regulations and any other Act or regulation, this Act or the regulations shall prevail.
R.S.O. 1990, c. 0.18, s. 68.
68.1 (1, 2) REPEALED: 2009, c. 33, Sched. 11, s. 6(21).
(3) REPEALED: 2009, c. 33, Sched. 2, s. 52(2).
Section Amendments with date in force(d/m/y) [+]
Non-application
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68.2 Section 21.2 of the Statutory Powers Procedure Act and sections 23 and 24 of the Ontario Land Tribunal Act, 2021 do not apply to
a decision or order made by the Tribunal under this Act. 2021, c. 4, Sched. 6, s. 74(15).
Section Amendments with date in force(d/m/y) [+]
No compensation
68.3(1) Except as may be provided under this Act, no owner of property or other person is entitled to compensation in respect of any
designation, order or decision made by a municipality,the Minister or Tribunal under this Act. 2005, c. 6, s. 43; 2017, c.23, Sched. 5, s.
68; 2021, c.4, Sched. 6, s. 74(16).
No expropriation or injurious affection
(2) Nothing done or not done in accordance with this Act or the regulations under it constitutes an expropriation or injurious affection for
the purposes of the Expropriations Act or otherwise at law. 2005, c. 6, s. 43.
Section Amendments with date in force(d/m/y) [+]
Offences and restoration costs
69(1)Subject to subsection(2), every person who,
(a) knowingly,furnishes false information in any application under this Act or in any statement, report or return required to be
furnished under this Act or the regulations;
(b) fails to comply with any order, direction or other requirement made under this Act; or
(c) contravenes this Act or the regulations,
and every director or officer of a corporation who knowingly concurs in such furnishing of false information,failure or contravention is
guilty of an offence and on conviction is liable to a fine of not more than$50,000 or to imprisonment for a term of not more than one
year, or to both. R.S.O. 1990, c. 0.18, s. 69(1).
Corporations
(2)Where a corporation is convicted of an offence under subsection (1),the maximum penalty that may be imposed upon the
corporation is$250,000 and not as provided therein. R.S.O. 1990, c. 0.18, s. 69(2).
(2.1)REPEALED: 2005, c. 6, s. 44(1).
Exception
(3) Despite subsections(1)and (2), if a person is convicted of the offence of contravening section 34 or 34.5, demolishing or removing
a building, structure or heritage attribute in contravention of section 42 or contravening subsection 48(1)or if a director or officer of a
corporation is convicted of knowingly concurring in such an act by the corporation, the maximum fine that may be imposed is
$1,000,000.2005, c. 6, s.44(2); 2019, c. 9, Sched. 11,s. 23.
(4) REPEALED: 2005, c. 6, s. 44(3).
Property altered in contravention of the Act
(5)Subsection(5.1)applies if,
(a) property designated under Part IV is altered in contravention of section 33 or 34.5; or
(b) property located in a heritage conservation district designated under Part V is altered in contravention of section 42. 2009, c. 33,
Sched. 11, s. 6 (22).
Recovery of restoration costs
(5.1) In addition to any other penalty imposed under this Act, the council of the municipality or the Minister, as the case may be, may
restore the property described in subsection (5)as nearly as possible to its previous condition, if it is practicable to do so,and may
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recover the cost of the restoration from the owner of the property. 2009, c. 33, Sched. 11, s. 6(22).
Exception
(5.2) Despite subsection (5.1), the council of the municipality or the Minister shall not restore the property if,
(a) in the opinion of the council or the Minister, the property is in an unsafe condition or incapable of repair;or
(b) the alteration was carried out for reasons of public health or safety or for the preservation of the property. 2009, c. 33, Sched. 11,
s. 6(22).
Idem
(6) For the purpose of subsection (5), the council of a municipality may authorize any person in writing to enter on the property to carry
out restorations. R.S.O. 1990, c. 0.18,s. 69(6); 2002, c. 18, Sched. F, s. 2(47).
Section Amendments with date in force(d/m/y) [+]
Regulations
70(1)The Lieutenant Governor in Council may make regulations,
(a) governing applications for payment of grants or loans under this Act;
(b) prescribing additional rules and methods of service for the purposes of section 67;
(c) affixing fees or charges for services rendered under this Act;
(d) governing applications for a licence or renewal of a licence;
(d.1) prescribing classes of a licence;
(d.2) prescribing terms, conditions and limitations of a licence or a class of licence, including prescribing the type of archaeological
fieldwork that may be carried out by the holder of the licence or the class of licence;
(d.3) prescribing the eligibility criteria and other requirements for the issuance of a licence or a class of licence;
(e) providing for the apportionment and distribution of money appropriated by the Legislature for,
(i) the establishment, maintenance, development and promotion of museums and historical institutions and providing for the
condition covering the payment thereof,
(ii) any person, organization or corporation who,with the consent of the owner of the property, places markers, signs, cairns
or other interpretive facilities for the interest and guidance of the public;
(f) prescribing sites or classes of sites for which no licence is required;
(g) prescribing activities or classes of activities for which no licence is required;
(h) defining"archaeological fieldwork", "archaeological site", "artifact', "cultural heritage"and "marine archaeological site"for the
purposes of this Act and the regulations;
(i) prescribing public bodies for the purposes of Part 111.1;
(i.1) prescribing criteria for the purposes of clause 27(3)(b);
Q) prescribing criteria for the purposes of clause 29(1)(a);
(k) prescribing criteria for the purposes of clause 34.5(1)(a);
(k.1) prescribing criteria for the purposes of clause 41 (1)(b);
(1) prescribing marine archaeological sites for the purposes of paragraph 3 of subsection 48(1);
(m) prescribing the alternate distance from a marine archaeological site for the purposes of subparagraphs 3 i, ii and iii of
subsection 48(1)and prescribing the circumstances in which the alternate distance applies;
(n) prescribing provisions of the Not-for-Profit Corporations Act, 2010 that apply to the Trust;
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(o) prescribing or otherwise providing for anything that is required or permitted under this Act to be prescribed or otherwise provided
for in the regulations, including governing anything required or permitted to be done in accordance with the regulations;
(p) requiring additional records to be forwarded to the Tribunal for the purposes of Parts IV and V, including specifying the
circumstances in which a record must be forwarded,who is required to forward the record and the timeframe in which it must be
forwarded;
(q) prescribing the material and information that must be included in a record required to be forwarded to the Tribunal by this Act or
the regulations made under it;
(r) providing for exceptions to a requirement to forward a record to the Tribunal set out in this Act or in the regulations made under
it. R.S.O. 1990, c. 0.18,s. 70;2002, c. 18, Sched. F,s. 2(48-50); 2005, c. 6, s. 45(1); 2009, c. 33, Sched. 11, s. 6 (23-25);
2017, c. 20, Sched. 8, s. 112(2);2019, c. 9, Sched. 11, s. 24(1); 2022, c. 21, Sched. 6, s. 8.
Same
(2)A regulation under clause(1)Q) may provide such transitional rules as are necessary in order to bring the criteria into force,
including providing for different rules or criteria to apply to properties that were designated at different times under section 29 or to
properties in respect of which notice of intention to designate the properties was issued at different times under section 29. 2005, c. 6,
s. 45(2).
Regulations re ss.33(2)and 34(2)
(3)A regulation that prescribes information and material for the purposes of subsection 33(2)or 34(2)may provide that the information
or material is such information or material as may be required by a municipal by-law or other prescribed instrument, or may provide that
the information or material includes any information or material as may be required by a municipal by-law or other prescribed
instrument. 2019, c. 9, Sched. 11, s. 24(2).
Section Amendments with date in force(d/m/y) [+]
Regulations re transitional matters
71 The Lieutenant Governor in Council may make regulations providing for transitional matters as the Lieutenant Governor in Council
considers necessary or advisable to,
(a) facilitate the implementation of amendments to this Act made by Schedule 11 to the More Homes, More Choice Act, 2019;
(b) deal with any problems or issues arising as a result of the repeal, amendment, enactment or re-enactment of a provision of this
Act by Schedule 11 to the More Homes, More Choice Act, 2019;
(c) facilitate the implementation of amendments to this Act made by Schedule 6 to the More Homes Built Faster Act, 2022;
(d) deal with any problems or issues arising as a result of the repeal, amendment, enactment or re-enactment of a provision of this
Act by Schedule 6 to the More Homes Built Faster Act, 2022. 2019, c. 9, Sched. 11, s. 25; 2022, c. 21, Sched. 6, s. 9.
Section Amendments with date in force(d/m/y) [+]
Frang,ais
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O.Reg. 9/06: CRITERIA FOR DETERMINING CULTURAL HERIT... https://www.ontario.ca/laws/regulation/060009
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Ontario
Frang, is
Ontario Heritage Act
ONTARIO REGULATION 9/06
CRITERIA FOR DETERMINING CULTURAL HERITAGE VALUE OR INTEREST
Consolidation Period: From January 1, 2023 to the e-Laws currency date.
Last amendment: 569/22.
Legislative History: [+]
This is the English version of a bilingual regulation.
Criteria,s.27(3)(b)of the Act
1. (1)The criteria set out in subsection (2)are prescribed for the purposes of clause 27(3)(b)of the Act. O. Reg. 569/22, s. 1.
(2) Property that has not been designated under Part IV of the Act may be included in the register referred to in subsection 27(1)of the
Act on and after the day subsection 3(2)of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force if the property meets
one or more of the following criteria for determining whether it is of cultural heritage value or interest:
1. The property has design value or physical value because it is a rare, unique, representative or early example of a style,type,
expression, material or construction method.
2. The property has design value or physical value because it displays a high degree of craftsmanship or artistic merit.
3. The property has design value or physical value because it demonstrates a high degree of technical or scientific achievement.
4. The property has historical value or associative value because it has direct associations with a theme, event, belief, person,
activity, organization or institution that is significant to a community.
5. The property has historical value or associative value because it yields, or has the potential to yield, information that contributes
to an understanding of a community or culture.
6. The property has historical value or associative value because it demonstrates or reflects the work or ideas of an architect, artist,
builder, designer or theorist who is significant to a community.
7. The property has contextual value because it is important in defining, maintaining or supporting the character of an area.
S. The property has contextual value because it is physically,functionally, visually or historically linked to its surroundings.
9. The property has contextual value because it is a landmark. O. Reg. 569/22, s. 1.
(3) For clarity, subsection (2)does not apply in respect of a property that has not been designated under Part IV but was included in the
register as of the day subsection 3(2)of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force. O. Reg. 569/22, s. 1.
Criteria,s.29(1)(a)of the Act
2. (1)The criteria set out in subsections(2)and (3)are prescribed for the purposes of clause 29(1)(a)of the Act. O. Reg. 569/22, s. 1.
(2)Section 1, as it read immediately before the day subsection 3(2)of Schedule 6 to the More Homes Built Faster Act, 2022 comes
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into force, continues to apply in respect of a property for which a notice of intention to designate it was given under subsection 29(1.1)
of the Act after January 24,2006 and before the day subsection 3(2)of Schedule 6 to the More Homes Built Faster Act, 2022 comes
into force. O. Reg. 569/22, s. 1.
(3) In respect of a property for which a notice of intention to designate it is given under subsection 29(1.1)of the Act on or after the day
subsection 3(2)of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the property may be designated under
section 29 of the Act if it meets two or more of the criteria for determining whether it is of cultural heritage value or interest set out in
paragraphs 1 to 9 of subsection 1 (2). O. Reg. 569/22,s. 1.
Criteria,s.41 (1)(b)of the Act
3. (1)The criteria set out in subsection(2)are prescribed for the purposes of clause 41 (1)(b)of the Act. O. Reg. 569/22, s. 1.
(2)Subject to subsection(3), in the case of a by-law passed under subsection 41 (1)of the Act on or after the day subsection 5(1)of
Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, a municipality or any defined area or areas of it may be
designated by such a by-law as a heritage conservation district under subsection 41 (1)of the Act if the municipality or the defined area
or areas of it meets the following criteria:
1. At least 25 per cent of the properties within the municipality or defined area or areas satisfy two or more of the following:
i. The properties have design value or physical value because they are rare, unique, representative or early examples of a
style, type, expression, material or construction method.
ii. The properties have design value or physical value because they display a high degree of craftsmanship or artistic merit.
iii. The properties have design value or physical value because they demonstrate a high degree of technical or scientific
achievement.
iv. The properties have historical value or associative value because they have a direct association with a theme, event,
belief, person, activity, organization or institution that is significant to a community.
v. The properties have historical value or associative value because they yield, or have the potential to yield, information
that contributes to an understanding of a community or culture.
vi. The properties have historical value or associative value because they demonstrate or reflect the work or ideas of an
architect, artist, builder, designer or theorist who is significant to a community.
vii. The properties have contextual value because they define, maintain or support the character of the district.
viii. The properties have contextual value because they are physically,functionally, visually or historically linked to each
other.
ix. The properties have contextual value because they are defined by, planned around or are themselves a landmark. O.
Reg. 569/22, s. 1.
(3)Subsection(2)does not apply in respect of a by-law passed under subsection 41 (1)of the Act on or after the day subsection 5(1)
of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force if a notice of a public meeting required to be held for the
purposes of the by-law under subsection 41.1 (7)of the Act was given before the day subsection 5(1)of Schedule 6 to the More
Homes Built Faster Act, 2022 comes into force. O. Reg. 569/22, s. 1.
(4) For clarity, the requirement set out in subsection 41.1 (5.1)of the Act,
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(a) does not apply in respect of a by-law under subsection 41 (1)of the Act that is passed before the day subsection 5(1)of
Schedule 6 to the More Homes Built Faster Act, 2022 comes into force; and
(b) does not apply in respect of a by-law under subsection 41.1 (2)of the Act. O. Reg. 569/22, s. 1.
Franq,ais
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Ontario
Frang,ais
ONTARIO REGULATION 385/21
made under the
ONTARIO HERITAGE ACT
Made: May 20,2021
Filed: May 31, 2021
Published on e-Laws: June 1, 2021
Printed in The Ontario Gazette: June 19,2021
GENERAL
CONTENTS [-1
RULES RE SECTION 29 OF THE ACT
1. Limitation, s. 29(1.2)of the Act
2. Prescribed circumstances, par. 1 of s. 29(8)of the Act
3. Designation by municipal by-law, requirements
AMENDMENT OF DESIGNATING BY-LAW—SUBSECTION 30.1 (1)OF THE ACT
4. Amending by-laws, modified s. 29 of the Act
REAPPLICATION FOR REPEAL OF BY-LAW—SUBSECTION 32 (18)OF THE ACT
5. Prescribed circumstances and time periods
INFORMATION AND MATERIAL—SUBSECTIONS 33 (2)AND 34(2)OF THE ACT
6. Prescribed information and material
REQUIRED STEPS—SECTION 34.3 OF THE ACT
7. Council consents to application under s. 34 of the Act
RECORD OF DECISION
8. Record of decision under s. 29 of the Act
9. Record of decision under s. 30.1 of the Act
10. Record of decision under s. 31 of the Act
11. Record of decision under s. 32 of the Act
12. Record of decision under s. 33 of the Act
13. Record of decision under s. 34.1 of the Act
14. Record of decision under s. 40.1 of the Act
15. Record of decision under s. 41 of the Act
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16. Record of decision under s. 41.1 of the Act
17. Record of decision under s. 42 of the Act
TRANSITION
18. Transitional rules
COMMENCEMENT
19. Commencement
Schedule Section 29 of the Act as modified for the purposes of subsection 30.1 (1)of the Act
RULES RE SECTION 29 OF THE ACT
Limitation,s.29(1.2)of the Act
1. (1) For the purposes of subsection 29(1.2)of the Act, the following events that occur on or after July 1, 2021 are prescribed in
respect of a property in a municipality:
1. A council or planning board, as applicable, has completed giving notice in accordance with clause 22(6.4)(a)of the Planning Act
of a request for amendment referred to in that clause, if the subject land to which the proposed amendment applies includes the
property.
2. A council has completed giving notice in accordance with clause 34(10.7)(a)of the Planning Act of an application for an
amendment to a by-law referred to in that clause, if the subject land to which the proposed amendment applies includes the
property.
3. A council or planning board, as the approval authority, has completed giving notice in accordance with clause 51 (19.4)(a)of the
Planning Act of an application referred to in that clause, if the subject land to which the application applies includes the property.
(2)The following exceptions are prescribed for the purposes of subsection 29(1.2)of the Act:
1. The restriction set out in subsection 29(1.2)of the Act does not apply if an event described in subsection(1)occurs in respect of
a property and, at any time after the event occurs,the owner of the property and the council of the municipality agree that the
restriction does not apply.
2. If an event described in subsection (1)occurs in respect of a property and the owner of the property and the council of the
municipality,within 90 days after the day on which the event occurs, agree to extend the period of time set out in subsection 29
(1.2)of the Act, the period of time for the purposes of that subsection is the period that the council and the owner have agreed
upon.
3. If an event described in subsection (1)occurs in respect of a property and the day on which the event occurs falls within a period
when an emergency has been declared to exist in the municipality in which the property is situate, or in any part thereof, under
the Emergency Management and Civil Protection Act by the head of the council of the municipality, the 90-day period set out in
subsection 29(1.2)of the Act does not begin until the day immediately after the day on which the emergency is terminated.
4. If an event described in subsection (1)occurs in respect of a property and during the 90-day period set out in subsection 29(1.2)
of the Act an emergency is declared to exist in the municipality in which the property is situate, or in any part thereof, under the
Emergency Management and Civil Protection Act by the head of the council of the municipality, the following rules apply:
i. The 90-day period is terminated on the day the emergency is declared.
ii. A new 90-day period commences on the day immediately after the day on which the emergency is terminated.
5. Subject to subsection(4), if an event described in subsection(1)occurs in respect of a property, subsection 29(1.2)of the Act no
longer applies to restrict the council of the municipality in which the property is situate from giving a notice of intention to
designate the property as of the date of final disposition of the request or application giving rise to the event,whether by
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operation of the Planning Act or order of the Tribunal.
(3) If an event described in subsection (1) in respect of a property occurs and a subsequent event occurs in respect of the property,the
earlier event is deemed not to have occurred in respect of the same property for the purposes of subsection 29(1.2)of the Act.
(4) If two or more events described in subsection(1) in respect of a property occur on the same day, subsection 29(1.2)of the Act no
longer applies to restrict the council of the municipality in which the property is situate from giving a notice of intention to designate the
property as of the latest of the dates on which the requests or applications giving rise to the events are finally disposed of,whether by
operation of the Planning Act or order of the Tribunal.
Prescribed circumstances,par. 1 of s.29(8)of the Act
2. (1)The following circumstances and corresponding periods of time are prescribed for the purpose of paragraph 1 of subsection 29
(8)of the Act:
1. If, before the end of the 120-day period referred to in paragraph 1 of subsection 29(8)of the Act, the council and the owner of
the property agree to extend the period of time set out in that paragraph,the period of time for the purposes of that paragraph is
the period that the council and the owner have agreed upon.
2. If any part of the 120-day period referred to in paragraph 1 of subsection 29(8)of the Act falls within a period when an
emergency has been declared to exist in the municipality in which the property is situate, or in any part thereof, under the
Emergency Management and Civil Protection Act by the head of the council of the municipality, the period of time for the
purposes of paragraph 1 of subsection 29(8)of the Act is 120 days after the day on which the emergency has terminated.
3. If, during the 120-day period referred to in paragraph 1 of subsection 29(8)of the Act,the council passes a resolution stating that
the municipality has received new and relevant information relating to the property and elects, by the same resolution,that the
period of time for the purposes of that paragraph is 180 days after the resolution is passed, that is the period of time for the
purposes of that paragraph.
(2) If the council has passed a resolution referred to in paragraph 3 of subsection(1), the council shall ensure that notice of the new
period of time is served on the owner of the property, and the notice shall include the reasons for the new period.
(3) For purposes of paragraph 3 of subsection(1), "new and relevant information" means information or materials that satisfy the
following:
1. The information or material affects or may affect any of the matters set out in paragraph 2 of subsection 29(8)of the Act.
2. The information or materials are received by council after notice of intention to designate the property has been published under
clause 29(3)(b)of the Act.
Designation by municipal by-law,requirements
3. (1)The following requirements are prescribed for the purpose of paragraph 2 of subsection 29(8)of the Act:
1. The by-law must identify the property by,
i. the municipal address of the property, if it exists,
ii. the legal description of the property, including the property identifier number that relates to the property, and
iii. a general description of where the property is located within the municipality,for example, the name of the
neighbourhood in which the property is located and the nearest major intersection to the property.
2. The by-law must contain one or more of the following that identifies each area of the property that has cultural heritage value or
interest:
i. A site plan.
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ii. A scale drawing.
iii. A description in writing.
3. The statement explaining the cultural heritage value or interest of the property must identify which of the criteria set out in
subsection 1 (2)of Ontario Regulation 9/06(Criteria for Determining Cultural Heritage Value or Interest) made under the Act are
met and must explain how each criterion is met.
4. The description of the heritage attributes of the property must explain how each heritage attribute contributes to the cultural
heritage value or interest of the property.
(2) Nothing in subsection(1) prevents a by-law from identifying any physical features of a property that are not heritage attributes.
(3) For clarity, the requirements set out in subsection (1)also apply for the purposes of subsection 29(8)of the Act, as it appears in the
Schedule for the purposes of an amending by-law mentioned in subsection 30.1 (1)of the Act.
AMENDMENT OF DESIGNATING BY-LAW — SUBSECTION 30.1 (1) OF THE ACT
Amending by-laws,modified s.29 of the Act
4.The Schedule sets out section 29 of the Act, as modified, that applies to an amending by-law for the purposes of subsection 30.1 (1)
of the Act.
REAPPLICATION FOR REPEAL OF BY-LAW— SUBSECTION 32 (18) OF THE ACT
Prescribed circumstances and time periods
5. For the purposes of subsection 32(18)of the Act,the following are the prescribed circumstances and corresponding time periods in
which an owner of property may not reapply to have a by-law or part thereof designating a property repealed, except with the consent of
council:
1. If a council refuses an application under paragraph 1 of subsection 32(5)of the Act and a notice of appeal is not given within the
time period specified in subsection 32(7)of the Act, the time period is 12 months after the service of the notice of the council's
decision under subparagraph 1 i of subsection 32(5)of the Act.
2. If an owner of the property appeals a decision of council to refuse the application under subsection 32(7)of the Act and the
Tribunal dismisses the appeal under paragraph 1 of subsection 32(12)of the Act, the time period is 12 months after the date of
the Tribunal's decision under paragraph 1 of subsection 32(12)of the Act.
3. If an owner of the property appeals a decision of council to refuse the application under subsection 32(7)of the Act and the
Tribunal dismisses the appeal under subsection 32(13)of the Act, the time period is 12 months after the date of the Tribunal's
decision under subsection 32(13)of the Act.
4. If a person appeals the decision of council to consent to an application and to pass a repealing by-law under subsection 32 (8)of
the Act and the Tribunal allows the appeal in whole or in part under paragraph 2 of subsection 32(12)of the Act, the time period
is 12 months after the date of the Tribunal's decision under paragraph 2 of subsection 32(12)of the Act.
INFORMATION AND MATERIAL— SUBSECTIONS 33 (2)AND 34 (2) OF THE ACT
Prescribed information and material
6. (1) For the purpose of subsections 33(2)and 34 (2)of the Act, the following information and material shall accompany an
application:
1. The name, address, telephone number and, if applicable,the email address of the applicant.
2. The name of the municipality from which consent is being requested.
3. A description of the property that is the subject of the application, including such information as the concession and lot numbers,
reference plan and part numbers, and street names and numbers.
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4. Photographs that depict the existing buildings, structures and heritage attributes that are affected by the application and their
condition and context.
5. A site plan or sketch that illustrates the location of the proposed alteration, demolition or removal.
6. Drawings and written specifications of the proposed alteration, demolition or removal.
7. The reasons for the proposed alteration, demolition or removal and the potential impacts to the heritage attributes of the property.
8. All technical cultural heritage studies that are relevant to the proposed alteration, demolition or removal.
9. An affidavit or a sworn declaration by the applicant certifying that the information required under this section and provided by the
applicant is accurate.
(2)The information or material referred to in subsection(1) must also include any information or material that is required to accompany
an application by a municipal by-law, resolution or official plan.
(3)The owner of the property shall serve an application made under subsection 33(1)or 34(1)of the Act on the council of the
municipality.
(4) Use of a municipality's electronic system to submit an application mentioned in subsection (3) is a method for the purpose of clause
67(1)(d)of the Act.
(5)Service using a municipality's electronic system is effective on the day the application is submitted unless the application was
submitted after 5 p.m., in which case it is effective on the following day. If the day on which service would be effective is a Saturday or a
holiday, service is instead effective on the next day that is not a Saturday or a holiday.
(6) For the purpose of paragraph 2 of subsection 33(7)of the Act and paragraph 2 of subsection 34 (4.3)of the Act, an application is
considered to have commenced on the day that it is served on the council of the municipality.
REQUIRED STEPS — SECTION 34.3 OF THE ACT
Council consents to application under s.34 of the Act
7. (1)The following steps are prescribed for the purposes of subsection 34.3(1)of the Act:
1. After the demolition or removal of a building, structure or heritage attribute on the property is complete,the council of the
municipality shall, in consultation with the municipal heritage committee established under section 28 of the Act, if one has been
established, make one of the following determinations:
i. The property continues to have cultural heritage value or interest and, despite the demolition or removal, the statement
explaining the cultural heritage value or interest of the property and the description of the heritage attributes of the
property are accurate and do not need to be amended.
ii. The property continues to have cultural heritage value or interest but, as a result of the demolition or removal, the
statement explaining the cultural heritage value or interest of the property or the description of the heritage attributes of
the property is no longer accurate and needs to be amended.
iii. The property no longer has cultural heritage value or interest as a result of the demolition or removal.
2. If the council makes the determination described in subparagraph 1 i,the clerk of the municipality shall ensure that notice of the
determination is served on the owner of the property and the Trust.
3. If the council makes the determination described in subparagraph 1 ii,
i. the council shall,
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A. pass a by-law that amends the by-law made under section 29 of the Act designating the property to update the
statement of cultural heritage value or interest and the description of the property's heritage attributes to reflect the
changes resulting from the demolition or removal, and
B. ensure that the amending by-law complies with the requirements set out in section 3 and includes a statement
explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the
property, and
ii. the clerk of the municipality shall,
A. ensure that a copy of the amending by-law is served on the owner of the property,
B. publish notice of the amending by-law in a newspaper having general circulation in the municipality, and
C. ensure that a copy of the amending by-law is registered against the property affected by the amending by-law in the
appropriate land registry office and that a copy of the registered amending by-law is served on the Trust.
4. If the council makes the determination described in subparagraph 1 iii,
i. the council shall pass a by-law to repeal the by-law or the part thereof designating the property under section 29 of the
Act, and
ii. the clerk of the municipality shall,
A. ensure that a copy of the repealing by-law is served on the owner of the property,
B. publish notice of the repealing by-law in a newspaper having general circulation in the municipality,
C. ensure that a copy of the repealing by-law is registered against the property affected by the repealing by-law in the
appropriate land registry office and that a copy of the registered repealing by-law is served on the Trust, and
D. ensure that any reference to the property is deleted from the register referred to in subsection 27 (1)of the Act.
5. If, as part of the removal mentioned in paragraph 1, a building or structure is moved to another property,
i. the council of a municipality shall, in consultation with the municipal heritage committee established under section 28 of
the Act, determine if the other property meets the criteria referred to in clause 29(1)(a)of the Act,
ii. if it is determined under subparagraph i that the other property meets the criteria, the council of a municipality may pass a
by-law designating the other property to be of cultural heritage value or interest, and
iii. if a designating by-law is passed under subparagraph ii, the council of a municipality shall ensure that the by-law
complies with the requirements set out in section 3 and includes a statement explaining the cultural heritage value or
interest of the property and a description of the heritage attributes of the property.
6. If a designating by-law is passed under subparagraph 5 ii, the clerk of the municipality shall,
i. ensure that a copy of the designating by-law is served on the owner of the property affected by the designating by-law,
ii. publish notice of the designating by-law in a newspaper having general circulation in the municipality, and
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iii. ensure that a copy of the designating by-law is registered against the property affected by the designating by-law in the
appropriate land registry office and that a copy of the registered designating by-law is served on the Trust.
(2)A by-law passed under this section comes into force on the day the by-law is passed.
(3)A designating by-law passed under subparagraph 5 ii of subsection(1) is deemed to be a by-law passed under subsection 29(1)of
the Act.
(4) For greater certainty, sections 29, 30.1 and 31 of the Act do not apply in respect of passing a by-law under this section, but sections
30.1 and 31 of the Act apply in respect of an amendment or repeal of a by-law or part thereof passed under this section.
RECORD OF DECISION
Record of decision under s.29 of the Act
8. (1) If a notice of appeal under section 29 of the Act is given within the time period specified in subsection 29(11)of the Act, the clerk
of the municipality shall ensure that the record of the decision under subsection 29(8)of the Act to pass a by-law designating a
property is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality.
(2)The following material and information must be included in a record of the decision referred to in subsection(1):
1. A certified copy of the notice of intention to designate the property.
2. A certified copy of the by-law.
3. A certified copy of the notice referred to in paragraph 4 of subsection 29(8)of the Act.
4. A copy of any report considered by council.
5. The original or a certified copy of all written submissions and comments related to the decision and the dates they were received.
6. If a public meeting was held that related to the decision,
i. a copy of the minutes, and
ii. a list of all persons and public bodies that made oral representations that related to the decision and, if available, the
record of those representations.
7. Any additional material or information that the council considered in making its decision.
8. An affidavit or sworn declaration by an employee of the municipality that contains a certificate that all the material and information
required under this section is accurate.
(3)The following material and information must be included in a record of the decision under subsection 29(6)of the Act to be
forwarded to the Tribunal as required by subsection 29(14)of the Act:
1. The original or a certified copy of every notice of objection served on the clerk of the municipality under subsection 29(5)of the
Act, and the date on which each notice was served.
Record of decision under s.30.1 of the Act
9. (1) References in this section to section 29 of the Act are references to that section as it appears in the Schedule for the purposes of
an amending by-law mentioned in subsection 30.1 (1)of the Act.
(2)The following rule applies if the council of a municipality proposes under section 30.1 of the Act to amend a by-law designating
property and the exception set out in subsection 30.1 (2)of the Act does not apply to the amending by-law:
1. If a notice of appeal under section 30.1 of the Act is given within the time period specified in subsection 29(11)of the Act, the
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clerk of the municipality shall ensure that the record of the decision under subsection 29(8)of the Act is forwarded to the
Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality.
(3)The following material and information must be included in a record of the decision referred to in paragraph 1 of subsection(2):
1. A certified copy of the notice of proposed amendment to the by-law designating the property.
2. A certified copy of the by-law that is the subject to the proposed amendment.
3. A certified copy of the amending by-law.
4. A certified copy of the notice referred to in paragraph 4 of subsection 29(8)of the Act.
5. The material and information described in paragraphs 4 to 8 of subsection 8(2)of this Regulation.
(4)The following material and information must be included in a record of the decision under subsection 29(6)of the Act to be
forwarded to the Tribunal as required by subsection 29(14)of the Act:
1. The original or a certified copy of every notice of objection served on the clerk of the municipality under subsection 29(5)of the
Act and the date on which it was served.
(5)The following rule applies if the council of a municipality proposes under section 30.1 of the Act to amend a by-law designating
property and the exception set out in subsection 30.1 (2)of the Act applies to the amending by-law:
1. If a notice of appeal is given within the time period specified in subsection 30.1 (10)of the Act, the clerk of the municipality shall
ensure that the record of the decision under subsection 30.1 (9)of the Act to pass an amending by-law is forwarded to the
Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality.
(6)The following material and information must be included in a record of the decision referred to in paragraph 1 of subsection(5):
1. A certified copy of the notice referred to in subparagraph 1 ii of subsection 30.1 (9)of the Act.
2. The material and information described in paragraphs 1, 2, 3 and 5 of subsection(3).
(7)The following material and information must be included in a record of the decision under subsection 30.1 (7)of the Act to be
forwarded to the Tribunal as required by subsection 30.1 (14)of the Act:
1. The original or a certified copy of every notice of objection filed with the clerk of the municipality under subsection 30.1 (6)of the
Act and the date on which it was filed.
Record of decision under s.31 of the Act
10.(1) If a notice of appeal under section 31 of the Act is given within the time period specified in subsection 31 (9)of the Act, the clerk
of the municipality shall ensure that the record of the decision under subsection 31 (8)of the Act to pass a repealing by-law is forwarded
to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality.
(2)The following material and information must be included in a record of the decision referred to in subsection(1):
1. A certified copy of the notice of intention to repeal the by-law or part thereof designating property.
2. A certified copy of the repealing by-law.
3. A certified copy of the by-law that is subject to the repealing by-law.
4. A certified copy of the notice referred to in paragraph 2 of subsection 31 (8)of the Act.
5. The material and information described in paragraphs 4 to 8 of subsection 8(2)of this Regulation.
(3)The following material and information must be included in a record of the decision under subsection 31 (6)of the Act to be
forwarded to the Tribunal as required by subsection 31 (13)of the Act:
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1. The original or a certified copy of every notice of objection served on the clerk of the municipality under subsection 31 (5)of the
Act and the date on which it was served.
Record of decision under s.32 of the Act
11.The following material and information must be included in a record of the decision under subsection 32(5)of the Act to be
forwarded to the Tribunal as required by subsection 32(11)of the Act:
1. A certified copy of the application to repeal a by-law or part thereof designating the property.
2. A certified copy of the notice of application referred to in subsection 32(3)of the Act.
3. A certified copy of the by-law designating the property.
4. The original or a certified copy of every notice of objection served on the clerk of the municipality under subsection 32(4)of the
Act and the date it was served.
5. If the appeal relates to a decision to refuse the application,a certified copy of the notice referred to in subparagraph 1 ii of
subsection 32 (5)of the Act.
6. If the appeal relates to a decision to consent to the application,
i. a certified copy of the by-law repealing the by-law or part thereof, and
ii. a certified copy of the notice referred to in subparagraph 2 ii of subsection 32(5)of the Act.
7. The material and information described in paragraphs 4 to 8 of subsection 8(2)of this Regulation.
Record of decision under s.33 of the Act
12.(1) If a notice of appeal under section 33 of the Act is given within the time period specified in subsection 33 (9)of the Act, the clerk
of the municipality shall ensure that the record of the decision under subsection 33(6)of the Act is forwarded to the Tribunal within 15
days after the notice of appeal is given to the clerk of the municipality.
(2)The following material and information must be included in a record of the decision referred to in subsection(1):
1. A certified copy of the by-law designating the property.
2. The original or a certified copy of the material and information described in section 6 received by the council,and any material or
information that the council required under subsection 33(3)of the Act.
3. A certified copy of the notice informing the applicant that the application is complete that was served on the applicant under
subsection 33 (4)of the Act and the date it was served.
4. A certified copy of any records relating to a notification referred to in subsection 33(5)of the Act.
5. A certified copy of the notice of the council's decision referred to in clause 33 (6)(b)of the Act.
6. The material and information described in paragraphs 4 to 8 of subsection 8(2)of this Regulation.
Record of decision under s.34.1 of the Act
13.(1) If a notice of appeal under section 34.1 of the Act is given within the time period specified in subsection 34.1 (2)of the Act, the
clerk of the municipality shall ensure that the record of the decision under subsection 34 (4.2)of the Act is forwarded to the Tribunal
within 15 days after the notice of appeal is given to the clerk of the municipality.
(2)The following material and information must be included in a record of the decision referred to in subsection(1):
1. A certified copy of the by-law designating the property.
2. The original or a certified copy of the material and information described in section 6 received by the council,and any material or
information that the council required under subsection 34(3)of the Act.
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3. A certified copy of the notice informing the applicant that the application is complete that was served on the applicant under
subsection 34 (4)of the Act and the date it was served.
4. A certified copy of any records relating to a notification referred to in subsection 34(4.1)of the Act.
5. The original or a certified copy of the notice of the council's decision referred to in clause 34 (4.2)(b)of the Act.
6. The material and information described in paragraphs 4 to 8 of subsection 8(2)of this Regulation.
Record of decision under s.40.1 of the Act
14.(1) If a notice of appeal under section 40.1 of the Act is given within the time period specified in subsection 40.1 (4)of the Act, the
clerk of the municipality shall ensure that the record of the decision under subsection 40.1 (1)of the Act is forwarded to the Tribunal
within 15 days after the notice of appeal is given to the clerk of the municipality.
(2)The following material and information must be included in a record of the decision referred to in subsection(1):
1. A certified copy of the by-law made under subsection 40.1 (1)of the Act.
2. A certified copy of the notice referred to in subsection 40.1 (3)of the Act.
3. The material and information described in paragraphs 4 to 8 of subsection 8(2)of this Regulation.
Record of decision under s.41 of the Act
15.(1) If a notice of appeal under section 41 of the Act is given within the time period specified in subsection 41 (4)of the Act, the clerk
of the municipality shall ensure that the record of the decision under subsection 41 (1)of the Act is forwarded to the Tribunal within 15
days after the notice of appeal is given to the clerk of the municipality.
(2)The following material and information must be included in a record of the decision referred to in subsection(1):
1. A certified copy of the by-law made under subsection 41 (1)of the Act.
2. A certified copy of the notice referred to in subsection 41 (3)of the Act.
3. A certified copy of the heritage conservation district plan adopted by a by-law under subsection 41.1 (1)of the Act.
4. A certified copy of the information referred to in clause 41.1 (6)(a)of the Act.
5. The original or a certified copy of all written submissions and comments related to the decision, including any written submissions
referred to in subsection 41.1 (11)of the Act,and the dates they were received.
6. For every public meeting referred to in clause 41.1 (6)(b)of the Act that is held,
i. a copy of the notice of the public meeting referred to in subsection 41.1 (7)of the Act,
ii. a copy of the minutes, and
iii. a list of all persons who made oral representations referred to in subsection 41.1 (9)of the Act and, if available, the
record of those representations.
7. For every public meeting that is held that related to the decision but was not a meeting referred to in clause 41.1 (6)(b)of the
Act,
i. a copy of the minutes, and
ii. a list of all persons and public bodies that made oral representations that related to the decision and, if available, the
record of those representations.
8. The material and information described in paragraphs 4, 7 and 8 of subsection 8(2)of this Regulation.
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Record of decision under s.41.1 of the Act
16.(1) If a notice of appeal under section 41.1 of the Act is given within the time period specified in subsection 41 (4)of the Act,as
made applicable by subsection 41.1 (4)of the Act, the clerk of the municipality shall ensure that the record of the decision under
subsection 41.1 (2)of the Act is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the
municipality.
(2)The following material and information must be included in a record of the decision referred to in subsection(1):
1. A certified copy of the by-law under subsection 41 (1)of the Act.
2. A certified copy of the by-law under subsection 41.1 (2)of the Act.
3. A certified copy of the heritage conservation district plan adopted by a by-law under subsection 41.1 (2)of the Act.
4. A certified copy of the notice referred to in subsection 41.1 (3)of the Act.
5. A certified copy of the information referred to in clause 41.1 (6)(a)of the Act.
6. The original or a certified copy of all written submissions and comments related to the decision, including the written submissions
referred to in subsection 41.1 (11)of the Act,and the dates they were received.
7. For every public meeting referred to in clause 41.1 (6)(b)of the Act that is held,
i. a copy of the notice of the public meeting referred to in subsection 41.1 (7)of the Act,
ii. a copy of the minutes, and
iii. a list of all persons who made oral representations referred to in subsection 41.1 (9)of the Act and, if available, the
record of those representations.
8. The material and information described in paragraphs 4, 7 and 8 of subsection 8(2)of this Regulation.
Record of decision under s.42 of the Act
17.(1) If a notice of appeal under section 42 of the Act is given within the time period specified in subsection 42 (7)of the Act, the clerk
of the municipality shall ensure that the record of the decision under subsection 42(4)of the Act is forwarded to the Tribunal within 15
days after the notice of appeal is given to the clerk of the municipality.
(2)The following material and information must be included in a record of the decision referred to in subsection(1):
1. If a heritage conservation district plan was adopted by a by-law under subsection 41.1 (1)or(2)of the Act, a certified copy of the
plan.
2. The original or a certified copy of the information required under subsection 42(2.2)of the Act.
3. A certified copy of the notice of receipt referred to in subsection 42 (3)of the Act.
4. If the council refused the application for a permit under section 42 of the Act, a copy of the notice referred to in clause 42(4)(b)
of the Act.
5. If the council approved the application for a permit under section 42 of the Act with terms or conditions attached, a copy of the
permit.
6. The material and information described in paragraphs 4 to 8 of subsection 8(2)of this Regulation.
TRANSITION
Transitional rules
18.(1) Except as provided otherwise, references in this section to a provision of the Act are references to the provision as it read on
June 30, 2021.
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(2)A matter or proceeding that is mentioned in subsection(3)and commenced before July 1, 2021 shall be continued and disposed of
under the Act as it read on June 30, 2021.
(3) For the purposes of subsection(2), a matter or proceeding shall be deemed to have been commenced,
(a) in the case of the designation of property by by-law under section 29 of the Act, on the date of the publication of a notice of
intention to designate under clause 29(3)(b)of the Act;
(b) in the case of the amendment of a by-law designating property under section 30.1 of the Act,
(i) if subsection 30.1 (2)of the Act does not apply to the notice,on the date of the publication of the notice of proposed
amendment under clause 29(3)(b)of the Act, as made applicable by subsection 30.1 (1)of the Act, or
(ii) if subsection 30.1 (2)of the Act applies to the notice, on the day the notice of proposed amendment is received by the
owner of the property;
(c) in the case of the repeal of a by-law or part thereof designating property under section 31 of the Act, on the date of the
publication of a notice of intention to repeal a by-law or part thereof under clause 31 (3)(b)of the Act;
(d) in the case of an application to repeal a by-law or part thereof designating a property under section 32 of the Act, on the day the
application is received by the council of the municipality;
(e) in the case of an application for consent to alter or permit the alteration under section 33 of the Act, on the day the application is
received by the council of the municipality;
(f) in the case of an application for consent to demolish or remove or permit demolition or removal under section 34 of the Act, on
the day the application is received by the council of the municipality;
(g) in the case of an application for consent to alter, demolish or remove or permit the alteration, demolition or removal under
section 34.5 of the Act, on the day the application is received by the Minister;
(h) in the case of the designation of a study area under section 40.1 of the Act, on the day the by-law is passed under that section;
(i) in the case of the designation of a heritage conservation district under section 41 of the Act, on the day the by-law is passed
under that section;
Q) in the case of the adoption of a heritage conservation district plan under subsection 41.1 (2)of the Act,on the day the by-law is
passed under that subsection;and
(k) in the case of an application described in subsection 42 (2.1)of the Act,on the day the application is received by the council of
the municipality.
(4)The following rules apply if a notice of intention to designate a property under subsection 29(1)of the Act was published in
accordance with clause 29(3)(b)of the Act before July 1, 2021 and the council of the municipality has not, before that day, passed a
by-law designating the property or withdrawn the notice of intention to designate before that day:
1. The notice of intention to designate the property is deemed to be withdrawn on the later of the following dates, unless the council
of a municipality has passed a by-law in accordance with section 29 of the Act designating the property before that date:
i. July 1,2022.
ii. If, before July 1, 2022, the council of the municipality and the owner of the property mutually agree to a period that ends
after July 1, 2022,the last day of the agreed upon period.
2. During the period before the notice of intention to designate is deemed to be withdrawn under paragraph 1,the notice of intention
shall be continued and disposed of under the Act as it read on June 30, 2021.
(5) For the purposes of paragraph 1 of subsection(4), if a person objects to a proposed designation under subsection 29(5)of the Act,
either before, on or after July 1, 2021,the date that applies for the purpose of that paragraph is extended by the total number of days
that are after June 30, 2021 and before the earliest of the following:
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1. The day the Review Board makes a report to council under subsection 29(12)of the Act.
2. If the person who served the notice of objection withdraws the objection,the day on which the person serves notice of withdrawal
in accordance with subsection 29(15)of the Act.
(6) If a notice of intention to designate is deemed to be withdrawn under paragraph 1 of subsection (4),the municipality shall cause a
notice of withdrawal,
(a) to be served on the owner of the property and on the Trust; and
(b) to be published in a newspaper having general circulation in the municipality.
(7) Despite subsection(2), the following rules apply if an application for consent to demolish or remove or permit demolition or removal
under section 34 of the Act is received by the council of the municipality before July 1, 2021 and the council has consented to the
application under subclause 34(2)(a)(i)or(0)of the Act or is deemed to have consented to the application under subsection 34(4)of
the Act or the Tribunal has ordered that the municipality give its consent under clause 34.1 (6)(b)of the Act:
1. If the council has not passed a repealing by-law under section 34.3 of the Act before July 1, 2021, the application shall be
continued and disposed of in accordance with section 34.3 of the Act as it reads on and after July 1, 2021.
2. If the council has passed a repealing by-law under section 34.3 of the Act before July 1, 2021, the application shall be continued
and disposed of in accordance with section 34.3 of the Act as it read on June 30, 2021.
(8) For the purposes of paragraph 1 of subsection(5), on and after the day section 2 of Schedule 6 to the Accelerating Access to
Justice Act, 2021 comes into force, the reference to"Review Board" in subsection 29(12)of the Act,as it read on June 30, 2021,shall
be read as a reference to"Tribunal".
COMMENCEMENT
Commencement
19.This Regulation comes into force on the later of July 1,2021 and the day it is filed.
SCHEDULE
SECTION 29 OF THE ACT AS MODIFIED FOR THE PURPOSES OF SUBSECTION 30.1 (1)OF THE ACT
Amendment of designating by-law
29.(1)The council of a municipality may, by by-law,amend a by-law designating a property within the municipality to be of cultural
heritage value or interest if the amendment is made in accordance with the process set out in this section.
Notice required
(1.1)Subject to subsection(2), if the council of a municipality intends to amend a by-law designating a property within the municipality
to be of cultural heritage value or interest, it shall cause a notice of proposed amendment to be given by the clerk of the municipality in
accordance with subsection(3).
Consultation
(2)Where the council of a municipality has appointed a municipal heritage committee, the council shall, before giving a notice of
proposed amendment, consult with its municipal heritage committee.
Notice of proposed amendment
(3)A notice of proposed amendment 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.
Contents of notice
(4)A notice of proposed amendment that is served on the owner of property and on the Trust under clause(3)(a)shall contain,
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(a) an adequate description of the property so that it may be readily ascertained;
(b) an explanation of the purpose and effect of the proposed amendment; and
(c) a statement that notice of objection to the notice of proposed amendment may be served on the clerk within 30 days after the
date of publication of the notice of proposed amendment in a newspaper of general circulation in the municipality under clause
(3)(b).
Same
(4.1)A notice of proposed amendment 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) an explanation of the purpose and effect of the proposed amendment;
(c) a statement that further information respecting the notice of proposed amendment is available from the municipality; and
(d) a statement that notice of objection to the notice of proposed amendment may be served on the clerk within 30 days after the
date of publication of the notice of proposed amendment in a newspaper of general circulation in the municipality under clause
(3)(b).
Objection
(5)A person who objects to a proposed amendment to a designating by-law shall, within 30 days after the date of publication of the
notice of proposed amendment,serve on the clerk of the municipality a notice of objection setting out the reason for the objection and
all relevant facts.
Consideration of objection by council
(6) If a notice of objection has been served under subsection (5), the council of the municipality shall consider the objection and make a
decision whether or not to withdraw the notice of proposed amendment within 90 days after the end of the 30-day period under
subsection (5).
Notice of withdrawal
(7) If the council of the municipality decides to withdraw the notice of proposed amendment, either of its own initiative at any time or
after considering an objection under subsection(6), the council shall withdraw the notice by causing a notice of withdrawal,
(a) to be served on the owner of the property, on any person who objected under subsection(5)and on the Trust; and
(b) to be published in a newspaper having general circulation in the municipality.
If no notice of objection or no withdrawal
(8) If no notice of objection is served within the 30-day period under subsection (5)or a notice of objection is served within that period
but the council decides not to withdraw the notice of proposed amendment, the council may pass a by-law amending the by-law
designating the property, provided the following requirements are satisfied:
1. The amending by-law must be passed within 365 days after the date of publication of the notice of proposed amendment under
clause(3)(b)or within such other period of time that is mutually agreed upon by the council and the owner of the property.
2. The by-law designating the property, as amended, must include a statement explaining the cultural heritage value or interest of
the property and a description of the heritage attributes of the property and must comply with such requirements in relation to the
statement and the description as may be prescribed and with such other requirements as may be prescribed.
3. The council must cause the following to be served on the owner of the property, on any person who objected under subsection
(5)and on the Trust:
i. A copy of the amending by-law.
ii. A notice that any person who objects to the amending by-law may appeal to the Tribunal by giving the Tribunal and the
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clerk of the municipality,within 30 days after the date of publication under paragraph 4, a notice of appeal setting out the
objection to the by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal.
4. The council must publish notice of the amending by-law in a newspaper having general circulation in the municipality,which must
provide that any person who objects to the by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the
municipality,within 30 days after the date of publication under this paragraph, a notice of appeal setting out the objection to the
by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal.
Deemed withdrawal
(9) If the council of the municipality has not passed an amending by-law under subsection(8)within the time set out in paragraph 1 of
that subsection, the notice of proposed amendment is deemed to be withdrawn and the municipality shall cause a notice of withdrawal,
(a) to be served on the owner of the property, on any person who objected under subsection(5)and on the Trust; and
(b) to be published in a newspaper having general circulation in the municipality.
Same
(10) For clarity, the deemed withdrawal of a notice of proposed amendment under subsection(9)does not prevent the council from
giving a new notice of proposed amendment in accordance with this section.
Appeal to Tribunal
(11)Any person who objects to the amending by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality,
within 30 days after the date of publication under paragraph 4 of subsection(8), a notice of appeal setting out the objection to the by-
law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal.
If no notice of appeal
(12) If no notice of appeal is given within the time period specified in subsection(11),
(a) the amending by-law comes into force on the day following the last day of the period; and
(b) the clerk shall ensure that a copy of the amending by-law is registered against the properties affected by the by-law in the
appropriate land registry office and that a copy of the registered by-law is served on the Trust.
If notice of appeal
(13) If a notice of appeal is given within the time period specified in subsection(11), the Tribunal shall hold a hearing and, before
holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine.
Forwarding of record of decision
(14) If the council of the municipality made a decision on a notice of objection under subsection(6)and if a notice of appeal is given
within the time period specified in subsection(11), the clerk of the municipality shall ensure that the record of the decision under
subsection (6) is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality.
Powers of Tribunal
(15)After holding the hearing, the Tribunal shall,
(a) dismiss the appeal; or
(b) allow the appeal in whole or in part and,
(i) repeal the amending by-law,
(ii) amend the amending by-law in such manner as the Tribunal may determine,
(iii) direct the council of the municipality to repeal the amending by-law, or
(iv) direct the council of the municipality to amend the amending by-law in accordance with the Tribunal's order.
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Dismissal without hearing of appeal
(16) Despite the Statutory Powers Procedure Act and subsections(13)and (15), the Tribunal 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 Tribunal is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent ground upon which the Tribunal 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 amending by-law;
(c) the appellant has not paid the fee charged by the Tribunal;or
(d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal.
Representations
(17) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection(16), the Tribunal shall,
(a) notify the appellant of the proposed dismissal; and
(b) give the appellant an opportunity to make representations with respect to the proposed dismissal.
Coming into force
(18) If one or more notices of appeal are given to the clerk within the time period specified in subsection(11),
(a) the amending by-law comes into force when all of such appeals have been withdrawn or dismissed;
(b) if the amending by-law is amended by the Tribunal under subclause(15)(b)(ii),the amending by-law, as amended by the
Tribunal, comes into force on the day it is so amended;or
(c) if the amending by-law is amended by the council pursuant to subclause(15)(b)(iv), the amending by-law, as amended by the
council, comes into force on the day it is so amended.
Registration of by-law
(19)The clerk of a municipality shall ensure that a copy of an amending by-law that comes into force under subsection (18) is registered
against the properties affected by the by-law in the appropriate land registry office and that a copy of the registered by-law is served on
the Trust.
Franq,ais
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O.Reg. 570/22: GENERAL https://www.ontario.ca/laws/regulation/r22570
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Ontario
Frang, is
ONTARIO REGULATION 570/22
made under the
ONTARIO HERITAGE ACT
Made: December 15,2022
Filed: December 15, 2022
Published on e-Laws: December 16, 2022
Printed in The Ontario Gazette: December 31, 2022
AMENDING O. REG. 385/21
(GENERAL)
1. Subsections 1 (2), (3)and (4)of Ontario Regulation 385/21 are amended by striking out"subsection 29(1.2) of the Act'
wherever it appears and substituting in each case"paragraph 2 of subsection 29(1.2)of the Act'.
2. Section 19 of the Regulation is revoked and the following substituted:
Transitional rule,s.27(14)of the Act
19. For the purposes of subsection 27(14)of the Act,the following rules apply in the case of a property included in the register under
subsection 27 (3)of the Act or a predecessor of that subsection on or before the day subsection 3(4)of Schedule 6 to the More Homes
Built Faster Act, 2022 comes into force:
1. The notice of intention to designate the property may have been given before, on or after the day subsection 3(4)of Schedule 6
to the More Homes Built Faster Act, 2022 comes into force.
2.A circumstance set out in paragraph 1, 2 or 3 of subsection 27(14)of the Act must exist on or after, but not before, the day
subsection 3(4)of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force.
Transitional rule,s.42(2.1)of the Act
20. If an application described in subsection 42(2.1)of the Act is received by the council of the municipality on or after July 1, 2022 and
before the day subsection 7(1)of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the application shall be
continued and disposed of under the Act as it read immediately before the day subsection 7(1)of Schedule 6 to the More Homes Built
Faster Act, 2022 comes into force.
Commencement
3.This Regulation comes into force on the later of the day subsection 3(4) of Schedule 6 to the More Homes Built Faster Act,
2022 comes into force and the day this Regulation is filed.
Era n9, is
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COUNTY OF SIMCOE
OFFICIAL PLAN
OFFICE CONSOLIDATION
FEBRUARY 2023
CovxY C
SIMCOEo.AS PLANNING e' *m*
,., F�
Slmcoe.ca
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Office Consolidation February 2023 County of Simcoe Official Plan
4.5.45 Development of renewable energy systems shall be in accordance with the Green Energy
and Green Economy Act. Renewable energy undertakings are exempted from Planning Act
approvals as per Schedule K of the Green Energy and Green Economy Act.
4.6 Cultural Heritage Conservation
4.6.1 Significant built heritage resources, and significant cultural heritage landscapes, will be
conserved.
4.6.2 The County will work with local municipalities and heritage committees to create and
maintain an inventory of local and significant cultural features including but not limited
to:
a) heritage resources designated under Parts IV and V of the Ontario Heritage Act;
b) sites or areas having historical, archaeological, cultural, scenic, or architectural merit
both on land and underwater;
c) cemeteries; and
d) other cultural heritage resources of community interest and significance.
4.6.3 The County shall maintain available archaeological site data locations and relevant
mapping from the provincial archaeological database of the Ministry of Culture (MCL)
under the provisions of a municipal provincial data sharing agreement, for the purpose of
heritage conservation planning and development review. The mapping database will be
updated regularly when appropriate, as new archaeological sites are identified.
4.6.4 The County may consider undertaking the preparation and completion of a cultural heritage
and/or archaeological management plan to assist in identifying sensitive cultural and
archaeological areas including cemeteries and burials within the County, which is to
include but not limited to:
a) comprehensive mapping and inventories of significant built heritage resources,
significant cultural heritage landscapes, and areas of archaeological potential;
b) identification and evaluation of cultural heritage and archaeological resources;
c) strategies for conserving and enhancing these identified resources;
d) programs to foster interpretation and promotion; and
e) education and public participation in cultural heritage conservation.
4.6.5 Development and site alteration shall not be permitted on lands containing archaeological
resources or areas of archaeological potential unless significant archaeological resources
have been conserved.
4.6.6 Development and site alteration shall not be permitted on adjacent lands to protected
heritage property except where the proposed development and site alteration has been
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evaluated and it has been demonstrated that the heritage attributes of the protected heritage
property will be conserved.
4.6.7 The County of Simcoe shall determine and notify the local municipality of the need for
archaeological assessment by an archaeologist licensed under the Ontario Heritage Act,
for applications for official plans and amendments, secondary plans, and plans of
subdivision, where it is the approval authority, in accordance with the County's Cultural
Heritage Guidelines. All archaeological assessment reports are to comply with current
Provincial archaeological assessment standards and guidelines.
4.6.8 The local municipality shall determine the need for archaeological assessment for
applications where they are the approval authority in accordance with the County's
Cultural Heritage Guidelines and notify the County of any significant archaeological
resources.
4.6.9 Applicants shall provide to the County of Simcoe a copy of the completed Archaeological
Assessment reports for heritage resource register purposes.
4.6.10 Where feasible and desirable, incentives may be provided by local municipalities to land
developers in exchange for preservation of significant cultural features. This can be
accomplished by permitting increased densities, density transfers, and other means
considered appropriate, in exchange for resource preservation, through the application of
the relevant provisions of the Planning Act.
4.6.11 Local municipalities are encouraged to:
(a) Establish policies within their official plans that promote and encourage the
designation of heritage properties under the Ontario Heritage Act, and include within
these policies the criteria as set out in the Ontario Heritage Act amendment 2006 as
Regulation#1 to be used to evaluate the architectural and historic significance;
(b) Create and support a heritage committee within their community to deal with heritage
matters considered appropriate;
(c) Zone sites containing significant cultural features sites to ensure preservation in
accordance with Section 34(1) 3.3 of the Planning Act; and
(d) Apply the objectives and criteria set out in the County's Cultural Heritage
Guidelines.
4.6.12 When burial places are identified during the development process or are encountered during
any excavation activity,the provisions of the Funeral, Burial and Cremation Services Act,
Ontario Heritage Act and the relevant regulations must be followed. Licensed
archaeologists may be involved in heritage burial assessments for delineation of boundaries
and excavations if required. Appropriate Provincial Ministries and authorities will be
notified.
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4.6.13 Should aboriginal archaeological resources or burial places be found through assessment
or during the development process, then the County and/or applicable local municipality
shall provide notification to the appropriate aboriginal community(s).
4.7 Infrastructure: Sewage and Water Services
Objectives
4.7.1 To promote the development of sewage and water service systems that facilitate the
conservation and protection of ground and surface water quality and quantity and natural
heritage features and ecological functions.
4.7.2 To promote the development of sewage and water service systems which are financially
supported by their users to enable their maintenance and effective operation.
4.7.3 To protect drinking water sources from contamination.
Policies
4.7.4 The preferred method of servicing settlement areas and other multi-lot developments is
full municipal sewage services and full municipal water services. A local municipality
may direct growth towards a particular settlement area to achieve this policy.
Intensification and redevelopment within settlement areas on existing municipal sewage
services and municipal water services should be promoted, wherever feasible.
4.7.5 Where full municipal sewage services and municipal water services are not provided,
municipalities may allow the use of private communal water services and private
communal sewage services.
4.7.6 Where municipal sewage services and municipal water services or private communal
sewage services and private communal water services are not provided and where a study
concludes that the provision of full municipal sewage services and municipal water
services or private communal sewage services and private communal water services cannot
be implemented, individual on-site sewage services and individual on-site water services
may be used provided that site conditions are suitable for the long-term provision of such
services with no negative impacts. In settlement areas, these services may only be used
for infilling or minor rounding out of existing development.
4.7.7 Subject to the hierarchy of services provided in the policies above, planning authorities
may allow lot and/or unit creation only if there is confirmation of sufficient reserve sewage
system capacity and reserve water system capacity within municipal sewage services and
municipal water services or private communal sewage services and private communal
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SCHEDULE "A' TO BY-LAW NO. 2022-091
Tc hip of
Proud Heritage, Exciting Future
Township of Oro - Medonte
OFFICIAL PLAN
FINAL SEPTEMBER 29, 2022
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g) the planned or existing transportation infrastructure can accommodate the
traffic from the proposed use, and the use shall be located along or in
close proximity to an arterial or collector road, with appropriate driveway
entrances, approved by the road authority having jurisdiction;
h) the design of the proposed public service facility shall be compatible with
surrounding land uses, and appropriately mitigate adverse impacts on
surrounding land uses, where appropriate;
i) the proposed use shall be connected to municipal water and wastewater
services, except that interim private or partial municipal services may be
permitted at the sole discretion of the Township and other applicable
authorities provided that connection to full municipal services shall be
completed, once available;
j) appropriate stormwater management opportunities are available for the
proposed use with a focus on low impact development; and,
k) the proposed use shall be subject to a site-specific Zoning By-law
Amendment, supported by such plans, studies, reports and assessments
as determined appropriate by the applicable approval authority(ies), and
the proposed use is demonstrated to be consistent with or conform to all
applicable land use planning policies.
7. The Township shall provide adequate buffering between community facility uses
and adjoining residential uses.
8. Public service facilities and public services shall be co-located in community
hubs and integrated to promote cost-effectiveness where feasible.
9. The Township shall collaborate and consult with service planning, funding, and
delivery sectors to facilitate the co-ordination and planning of community hubs
and other public service facilities.
10. New public service facilities, including hospitals and schools, shall be located in
Settlement Areas and preference should be given to sites that are in close
proximity to population density, contain services and easily accessible by active
transportation and transit, where that service is available.
11 . Properties containing existing public schools as defined in the Ontario Education
Act, shall be permitted for redevelopment of a school or the buildings and
associated land area expanded upon, subject to the criteria listed in section
4.6.3.
4.7 Cultural Heritage & Archaeological Resources
It is the intent of this Plan that the Township's significant cultural heritage resources and
archaeological resources be identified, conserved, and enhanced whenever practical,
and that all development should occur in a manner which respects the Township's
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heritage resources. Cultural heritage resources are valued for the important contribution
they make to our understanding of the history of a place, an event, or a people. The
Township recognizes the importance of these built heritage and cultural heritage
landscapes and the role they play in creating a "sense of place", pride and community
connection for residents, and a resource of historical, cultural and aesthetic interest to
those visiting the Township. The Township will encourage the identification, protection,
maintenance, restoration and enhancement of these features, where possible. The
heritage resources of the Township generally include archaeological sites, cemeteries,
buildings, and structural remains of historical and architectural value, as well as heritage
landscapes, and rural, village, and urban areas of development which are of historic and
scenic interest. Some of these resources are listed on the municipal register of Heritage
Listed and Designated Properties and some are designated under the Ontario Heritage
Act.
The Township shall consider the interests of Indigenous communities in conserving
cultural heritage and archaeological resources. The Township recognizes the Duty to
Consult with Indigenous communities when considering applications under the Planning
Act and will carry out consultation with these communities. The Township also
recognizes that consultation requirements may vary where there is the potential for
Indigenous rights or claims to be impacted.
4.7.1 Cultural Heritage Resources
1. Pursuant to the Ontario Heritage Act, Council may by By-law:
a) designate properties to be of cultural heritage value or interest pursuant to
Part IV of the Ontario Heritage Act;
b) define an area within the municipality as an area to be examined for
designation as a Heritage Conservation District pursuant to Part V of the
Ontario Heritage Act; and/or,
c) designate any area within the municipality as a Heritage Conservation District
pursuant to Part V of the Ontario Heritage Act.
2. If Council passes a motion to proceed with designating a property, it shall notify
the owner as well as the Ontario Heritage Trust and publish a Notice of Intention
to Designate for circulation. The Notice shall be in accordance with the
requirements set out in Section 29 of the Ontario Heritage Act.
3. The Township is required to keep a current register of properties of cultural
heritage value or interest situated within the municipality. This register must
include all properties in the municipality that are designated under Part IV of the
Ontario Heritage Act by the municipality or by the Minister of Tourism, Culture
and Sport and shall include:
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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.
4. Council may also list properties that have not been designated under the Ontario
Heritage Act but Council believes to be of cultural heritage value or interest on
the register. A description sufficient to identify the property is required.
5. The Township may prepare and maintain a cultural heritage database for
planning purposes, resulting in the mapping of significant heritage buildings,
heritage districts, and cultural heritage landscapes within the Township.
6. A municipal Heritage Advisory Committee (Heritage Committee) to Council may
be established pursuant to the Ontario Heritage Act to advise and assist Council
in all matters related to cultural heritage resource conservation, including public
awareness of heritage, heritage planning and conservation, and Ontario Heritage
Act designations located within the Township. Where Council has appointed a
municipal Heritage Committee, Council shall, before including a property that has
not been designated to the register or removing the reference to such a property
from the register, consult with its municipal Heritage Committee.
7. Properties will be evaluated for heritage value or interest in accordance with the
criteria outlined in O.Reg 9/06, including design or physical value, historical or
associative value, and/or contextual value.
8. Alterations to designated features on properties designated under Part IV or Part
V of the Ontario Heritage Act will require a Heritage Alteration Permit in
accordance with the requirements of the Act.
9. Council may require a heritage impact assessment when inventoried or
designated built heritage properties, heritage features, landscapes, and districts
with the Township are affected by development proposals. Development
proposed contiguous to a property that is designated under the Ontario Heritage
Act is not permitted, unless it has been demonstrated through the completion of a
Heritage Impact Assessment that the heritage attributes of the protected property
will be conserved.
10. It is the intent of this Plan to encourage the restoration or rehabilitation of
identified heritage resources. Accordingly, Council may use available
government funding assistance programs and may pass by-laws providing for the
making of grants or loans to the owners of designated or other inventoried
significant heritage resources for the purpose of paying for the whole or any part
of the cost of the alteration of such designated resources, on such items and
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conditions as Council may prescribe, where such alteration will serve to protect
or enhance the heritage characteristics of the resource. In regard to the
expending of public funds, if any, in regard to heritage resource matters, the
primary focus should be in the identification of these resources and that the
expense of physical works and alterations should typically be borne by the
private sector.
11 . The Township shall engage with Indigenous communities and consider their
interests when identifying, protecting and managing cultural heritage and
archaeological resources.
12. Council may encourage the restoration and retention of heritage properties
through the use of Community Benefits Charges By-laws and other means as
permitted by the Planning Act.
13. Development and site alteration shall not be permitted on adjacent lands to
protected heritage property except where the proposed development and site
alteration has been evaluated and it has been demonstrated that the heritage
attributes of the protected heritage property will be conserved.
4.7.2 Oro African Church
1 . The Oro African Methodist Episcopal Church, municipally known as 1645 Line 3
North, was built between 1846 and 1849 and was designated a National Historic
Site in 2000. It is one of the last extant buildings erected by a community of early
African Canadian settlers in Simcoe County whose roots were uniquely anchored
in the history of United Empire Loyalists and represents the important role that
Black militiamen played in the defense of Upper Canada during the War of 1812,
and also represents early Upper Canada land policy.
2. The Oro African Methodist Episcopal Church is one of, if not, the oldest African
log church still standing in North America. This Church stands as a testament to
both the Black Settlers who carefully crafted and cared for it for nearly 75 years
and passionate community volunteers who have worked diligently to preserve it
since its abandonment in the 1920's.
3. An unmarked cemetery is also located on the property. A stone cairn displays
plaques commemorating the history of the former church, including the Historic
Sites and Monuments Board of Canada plaque and a stone tablet engraved with
the names of the families buried in the cemetery.
4. Development on these lands shall be designed to conserve, promote, protect,
incorporate and enhance the Oro African Church as a distinct element and/or
focal point, and incorporate features into the overall site design, including parking
and accessory uses, in accordance with the policies of this Plan.
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4.7.3 Heritage Cemeteries
1 . Council shall discourage the closure and relocation of heritage cemeteries since
they contribute to the character of the Township and are an excellent
representation of the Township's history and identity. Further, the Township shall
consider opportunities to protect, preserve, restore, and commemorate these
sites, where feasible.
4.7.4 Archaeological Resources
1. The Township recognizes that there may be archaeological remnants of
prehistoric and early historic habitation as well as archaeological potential areas
within the Township. Council may therefore require an archaeological
assessment to be completed by a qualified archaeologist licensed by the
Province, survey and the preservation or rescue excavation of significant
archaeological resources which might be affected in any future development, in
cooperation with the Ministry of Tourism, Culture and Sport. Registered
archaeological sites may be zoned in accordance with the Planning Act to restrict
or prohibit uses, buildings, or structures which might conflict with the preservation
of the resources.
2. Development and site alteration shall not be permitted on lands containing
archaeological resources or areas of archaeological potential unless significant
archaeological resources have been conserved.
3. Minor development including minor variance applications, single lot consent
applications and Site Plan Approval that does not constitute major development
shall generally not require an archaeological assessment.
4. The Township shall work with the County as appropriate in implementation of the
County's Archaeological Management Plan.
5. When burial places are identified during the development process or are
encountered during any excavation activity, all work must immediately cease and
the site secured. The appropriate provincial and municipal authorities shall be
notified by the proponent and the required provisions of the Funeral, Burial and
Cremation Services Act, Ontario Heritage Act and the relevant regulations must
be followed to provide for culturally appropriate and respectful treatment of the
discovery. Licensed archaeologists may be involved in heritage burial
assessments for delineation of boundaries and excavations if required.
Appropriate Provincial Ministries and authorities will be notified.
6. Should Indigenous archaeological resources or burial places be found through
assessment or during the development process, then the licensed consultant
archaeologist and/or the Township shall provide notification to the appropriate
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Indigenous community(s). The Indigenous community relevant to the site being
assessed will be provided with all archaeological assessments.
7. The Township shall encourage public awareness of appropriate archaeological
discoveries and/or cultural narratives arising in development proposals through
innovative architectural and/or landscape architectural design, public art, or other
public realm projects.
4.8 Subdivision of Land
This section is intended to contain policies that are to be considered with every
application to subdivide land in the Township. Regard shall also be had to the specific
policies dealing with lot creation in each land use designation in addition to other
policies in this plan. Subdivision of land by plan of subdivision or consent, or plans of
condominium, are permitted only for the land uses permitted in the designation or that
maintain the intent of the Plan's objectives and policies.
4.8.1 General Lot Creation Policies
1. Generally, lots may be created only where they have access to and frontage on a
public road and where an access permit to that road can be obtained in
accordance with the policies of this Plan and the County of Simcoe, the Province
of Ontario, or the Township. Exceptions may occur in plans of condominium
where the condominium development has access to a public road.
2. Consents for the purpose of legal or technical reasons and consolidation of land
holdings may be permitted but shall not be for the purpose of creating new lots
except as otherwise permitted in this Plan, Provincial policies and legislation.
3. Development, including lot creation, outside of but adjacent to, or in close
proximity to Settlement Area boundaries is discouraged and must demonstrate to
the satisfaction of the Township that it will not interfere with the efficient
expansion of Settlement Areas.
4.8.2 Preferred Means of Land Division
1 . Land division by Plan of Subdivision, rather than by Consent, shall generally be
required if:
a) the extension of an existing public road or the development of a new public
road is required to access the proposed lots; or,
b) the area that is proposed to be developed is not considered to be infilling; or,
c) a Plan of Subdivision is required to ensure that the entire land holding of area
is developed in an orderly and efficient manner, or,
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PRO, U
HERITAGE
EX :CITING
FUT RE
Township of Oro-Medonte Official Plan Final September 29, 2022
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The Corporation of the Township of Oro-Medonte
By-law 2019-021
A By-law to Establish a Heritage Commiee AMENDED
and to repeal and replace By-law 2013-017
(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 Municipal Heritage Committee;
Now Therefore the Council of The Corporation of the Township of Oro-Medonte
enacts as follows:
1. That a Municipal 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, and recommendations shall be
forwarded to Council for consideration.
3.2. Cultural and Heritage Resources
a) To provide recommendations with respect to artifacts and archival
documents or materials currently held by the Township.
b) Provide recommendations for the care and maintenance of
municipal cultural or heritage resources such as cairns,
monuments, and plaques.
3.3. Heritage Register
a) 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.
b) Consult with and recommend to Council regarding the inclusion of
a property in the register.
c) Consult with and recommend to Council regarding the removal of a
property from the register.
3.4. Public Education
a) Provide public education and promote awareness and
conservation of Oro-Medonte's cultural heritage.
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3.5. Planning Matters
a) Provide advice on cultural heritage matters, as requested, in
accordance with the Township of Oro-Medonte's Official Plan on
Planning Act applications.
3.6. Conservation of Property and Heritage Conservation Districts
a) 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.
b) Pursuant to Section 38 of the Act, all members of the Oro-Medonte
Heritage Committee are authorized to conduct inspections.
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 or 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 their 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.
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 process
and activities of the Oro-Medonte Heritage Committee.
—I)J 11.The persons appointed to the Oro-Medonte Heritage Committee shall be paid
such remuneration as outlined in the Remuneration By-law.
11.1. Notwithstanding the above, any person providing assistance with
special events shall be on a volunteer basis, with no remuneration.
12.The Director of Development Services, or their designate, shall be the staff
liaison to the Oro-Medonte Heritage Committee.
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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 271" Day of
February, 2019.
The Corporation of the Township of Oro-Medonte
�JIUAz--
Mayoi—, H'S. H ghes
le are
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The Corporation of the Township of Oro-Medonte
By-law No. 2021-049
A By-law to Amend By-law 2019-021 "A By-law to Establish a Heritage Committee
and to repeal and replace By-law 2013-017(Heritage Committee)"
Whereas Section 28 of the 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
pass a by-law to 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
And Whereas the Council of The Corporation of the Township of Oro-Medonte deems it
desirable to establish a Municipal Heritage Committee as enacted through By-law 2019-
021;
And Whereas the Council of The Corporation of the Township of Oro-Medonte does
now find it expedient to amend By-law 2019-021;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That effective April 14, 2021 - December 31, 2022, Section 6 of By-law 2019-021
is amended by replacing the existing wording with the following:
"6.1 Up to Six(6) Members of the Public"
2. This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 141h day of April,
2021.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. H ghes
Cle ,Yvonne Aubichon
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all
y
l//�/
�/j Teu0 itl5�ilp o Policy
rVProouddl/Heritage,Exciting Future
Department/Section Policy # POL-PR-013
Recreation & Community Services
Subject Enacted by Council:
Municipal Heritage Register Policy August 13, 2014
Motion #
C140813-25
Purpose:
The Municipal Register is the official list of Municipally Significant and / or Cultural Heritage
Properties that have been identified as being important to the community. It is an important
tool to assist the Township of Oro-Medonte monitor its cultural heritage resources and plan
for their conservation.
Under Section 27 of the Ontario Heritage Act, (the Act), the Township is required to
maintain a Municipal Register that lists all formally designated heritage properties. A
Council may expand the Register to also include "non-designated" properties that it
believes to be of cultural heritage value or interest. Regulation
9/06 of the Act sets out the criteria for determining cultural heritage value or interest.
Under the legislation, a property is required to meet the criteria outlined in Appendix A, to
be considered a cultural heritage resource. The decision to include a "non-designated"
property rests with Council upon consultation with the Oro-Medonte Heritage Committee
(the Committee).
Procedures - Non-Designated and Designated Listing:
The Township Registry consists of "Non-Designated"and "Designated" properties.
1. The Municipal Register of Cultural Heritage Properties— Non-Designated Properties
This list includes "non-designated" properties that have cultural heritage value or
interest. The listing of non-designated properties provides interim protection for sites
undergoing change by requiring owners to provide the Township with 60 days' notice
of their intention to demolish or remove a building or structure on the property. This
notice period allows the Township to make a well informed decision about whether
long term protection of the property should be sought through the formal designation
process.
The process for adding a property as "Non-Designated" is as follows:
i. Self-listing, should the property owner wish to list a property voluntarily,
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they can submit an application for consideration by the Heritage
Committee (Appendix A).
ii. Recommendation from the Heritage Committee to Council through the screening
process utilizing the Cultural Heritage Resource Evaluation Form (Appendix B)
Council would approve all application and recommendations on adding a property
to the Municipal Register.
2. The Municipal Register of Cultural Heritage Properties— Designated Properties
This list includes key information (Appendix A & B) on all the buildings, structures,
landscapes and districts that have been designated as required in the Ontario
Heritage Act. The process for "Designating" a property and adding it to the Municipal
Register is the same as "Non-Designated", however additional legislative
requirements must be fulfilled:
i. Structures designated under the Act must meet specific criteria to be
considered of architectural or cultural interest.
ii. The Act allows for the designation of any real property, not just buildings. The
designation process can be initiated by a request from the property owner to the
Heritage Committee or by a recommendation directly from the Heritage
Committee, similar to "Non-Designation". The property is then researched and
evaluated against the Designation Criteria (Appendix B), and if the property is
deemed eligible, a report is prepared containing the reasons for designation and
forwarded to Council.
iii. If Council recommends designation, it must inform the property owner and
publish a "notice of intention to designate" in the local newspaper. Anyone
objecting to the proposed designation must notify Council in writing within thirty
(30) days, setting out the reasons for the objection. If there is no objection,
Council is able to enact a by-law designating the property. The designation is
registered at the registry office and forwarded to the property owner and the
Ontario Heritage Foundation.
iv. In the event of an objection, the Township can withdraw its intention to
designate or, should Council choose, they may refer the matter to the provincial
Conservation Review Board. Based on the Board's advice, Council either
designates the property or withdraws its intention to designate.
v. Property designation under the Act recognizes and reinforces the community
value of heritage properties, provides protection against inappropriate changes
to heritage properties and hinders their demolition, and provides heritage
property owners access to government programs of financial assistance.
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Procedures
Correction and De-Listing
A review process and application form has been developed to provide a process to review
requests to either consider corrections to listed information and/or removal of properties
listed on the Municipal Register of Cultural Heritage Properties— Non-Designated
Properties.
If a property is listed as a "non-designated" property and the property owner disagrees
with the information included on the Municipal Register, an application can be submitted
to:
1) Request consideration for a correction to the information included on the
Municipal Register for a property; or
2) Request consideration for removal of a property on the Municipal Register (See
Attached Appendix A).
Application
• Staff will review the application to ensure that the information is
complete. Applications will not be processed until all required
information and material is submitted with a complete application form.
• Once a complete application is received, staff will date the application,
acknowledge receipt and identify if the application is complete or incomplete.
• Complete applications will be presented to the Committee who will initiate a review. If
the Committee is satisfied with the application and it meets the criteria, The Committee
will make a recommendation to Council to add it to the list.
A. Request for Correction of the Heritage Register
• Staff are responsible for the review of applications requesting corrections to
listed information, including supporting documentation. Based on the information
submitted, staff may:
a. Correct information recorded for the property on the Register; or
b. Keep information as listed and advise the applicant of the reason(s) for
not making the requested change.
• The Committee may be consulted if deemed necessary by staff or at the
request of an applicant.
• Staff and/or the Committee will make the final decision regarding correction
requests.
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• Where applicable, the information on the Register maybe corrected.
B. Request for Removal from the Heritage Register
• The Committee will review all applications requesting removal from the
Municipal Register, including supporting documentation. Based on the
information submitted, The Committee may:
a) Recommend to Council that the property remain listed on the Register; or
b) Recommend to Council that the property be removed from the Register.
• Committee meetings are open to the public and applicants are encouraged
to attend the meeting and present the rationale for their request.
• Council will make the final decision regarding the listing of properties on The
Municipal Register of Cultural Heritage Properties—Non-Designated Properties.
• Where applicable, the property may be removed from the Register.
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STEPS FOR APPLICANTS
1. Consult The Municipal Register of Cultural Heritage Properties-Non-designated
Properties at www.oro-medonte.ca or access a hard copy at the Township
Office.
2. Review the Municipal Register Review policy for information regarding heritage
architectural terms, designation criteria for determining the cultural value of a
property, researching a property, and professional heritage consultants.
3. Complete the applicable Application Form (Correction/Removal) and submit to:
Township of Oro-Medonte Heritage Committee
148 Line 7 South
Oro-Medonte, ON LOL 2E0
Phone: 705-487-2171
Fax: 705-487-0133
Email address?
4. Upon initial assessment, staff will determine if application is complete and proceed with
review or return to the application for further information.
5. Where the request is for a correction, Township staff will advise the applicant of its
decision and the Register will be modified, as appropriate.
6. Where the request is for removal, Township staff will advise the applicant when the
Committee will review the request. The applicant is encouraged to attend the
designated Committee meeting and present the rationale for the request. Agendas will
be made available in advance.
7. Township staff will advise the applicant of the Committee's recommendation and
when the matter will be forwarded to Council for a final decision.
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RESOURCES
Definition of Terms Used in "Significant Features" Description of the Property
• Glossary of Architectural Terms (www.OntarioArchitecture.com)
• Standards and Guidelines for Historic Places in Canada
Designation Criteria
Criteria for Determining Cultural Heritage Value or Interest - Ontario Regulation 9/06 made
under the Ontario Heritage Act(See Attached Appendix A)
Researching a Property
• Simcoe County Archives
• Simcoe County Museum
• Land Registry Office
Professional Heritage Consultants
For complex applications, property owners may engage the services of a heritage
professional to provide the rationale and support documentation for the application.
• Canadian Association of Heritage Professionals (www.caphc.ca)
SPECIAL NOTES:
• Application for removal does not necessarily mean removal will be granted.
• Properties will remain listed on the Municipal Register until Council approves their
removal.
• Heritage Assessment reports prepared by a heritage professional may be included
with the application for review but are not required for a complete application if
appropriate supporting documentation is provided to demonstrate that the criteria
under Appendix A is not applicable.
• Where heritage assessment reports are submitted to the Township, they must be
signed and sealed by a qualified professional in the field of cultural heritage
resource assessment and acceptable to the Township in consultation with the
Heritage Committee.
• Costs of a heritage assessment conducted by an independent third party will not be
reimbursed.
• Applicants will not be charged for assessments conducted by the Committee.
• Designated properties are not eligible for removal from the Municipal Register.
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APPENDIXA
Criteria for Determining Cultural Heritage Value or Interest
Ontario Regulation 9/06 made under the Ontario Heritage Act
Criteria
1. (1) The criteria set out in subsection (2) are prescribed for the purposes of
clause 29 (1) (a) of the Act.
(2) A property may be designated under section 29 of the Act if it meets one or more of the
following criteria for determining whether it is of cultural heritage value or interest:
1. The property has design value or physical value because it,
i. is a rare, unique, representative or early example of a style,
type, expression, material or construction method,
ii. Displays a high degree of craftsmanship or artistic merit, or
iii. Demonstrates a high degree of technical or scientific achievement.
2. The property has historical value or associative value because it,
i. Has direct associations with a theme, event, belief, person,
activity, organization or institution that is significant to a
community,
ii. Yields, or has the potential to yield, information that contributes
to an understanding of a community or culture, or
iii. Demonstrates or reflects the work or ideas of an architect,
artist, builder, designer or theorist who is significant to a
community.
3. The property has contextual value because it,
i. Is important in defining, maintaining or supporting the character of an area,
ii. Is physically, functionally, visually or historically linked to its surroundings,
or
iii. Is a landmark
Transition
2. This Regulation does not apply in respect of a property if notice of intention to designate it
was given under subsection 29 (1.1)of the Act on or before January 24, 2006.
Page 177 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
ToW17.4 ip of
Prored Herimge,Bxci[ing Feure
Township of Oro-Medonte Appendix B
Cultural Heritage Resource Evaluation Form
Address:
Period:
Recorder Name:
Description:
Photographs: Front Facade ❑ Left Facade ❑ Right Facade ❑
Rear Facade ❑ Details ❑ Setting ❑
Date:
Design of Physical Value
Style Is this a notable, rare or unique N/A❑ Unknown ❑ No❑ Yes❑
example of a particular
architectural style or type?
Construction Is this a notable, rare, unique N/A❑ Unknown ❑ No❑ Yes❑
or early example of a particular
material or method of
construction?
Design Is this a particularly attractive or N/A❑ Unknown ❑ No❑ Yes❑
unique structure because of the
merits of its design,
composition, craftsmanship or
details?
Does this structure N/A❑ Unknown ❑ No❑ Yes❑
demonstrate a high degree of
technical or scientific
achievement?
Notes:
Contextual Value
Continuity Does this structure contribute N/A❑ Unknown ❑ No❑ Yes❑
to the continuity or character
of the street, neighbourhood
or area?
Page 178 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Contextual Value (Continued)
Setting Is the setting or orientation of N/A❑ Unknown ❑ No❑ Yes❑
the structure or landscaping
noteworthy?
Does it provide a physical, N/A❑ Unknown ❑ No❑ Yes❑
historical, functional or visual
link to its surroundings?
Landmark Is this a particularly important N/A❑ Unknown ❑ No❑ Yes❑
visual landmark within the:
❑ region;
❑ city; or,
❑ neighbourhood?
Completeness Does this structure have N/A❑ Unknown ❑ No❑ Yes❑
other original outbuildings,
notable landscaping or
external features that
complete the site?
Notes:
Integrity
Site Does the structure occupy its N/A❑ Unknown ❑ No❑ Yes❑
original site?
Note: if relocated, i.e.
relocated on its original site,
moved from another site, etc.
Alterations Does this building retain most N/A❑ Unknown ❑ No❑ Yes❑
of its original materials and
design features?
Is this a notable structure due N/A❑ Unknown ❑ No❑ Yes❑
to sympathetic alterations that
have taken place over time?
Page 179 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Integrity (Continued)
Condition Is this building in good N/A❑ Unknown ❑ No❑ Yes❑
condition?
Notes:
Historical or Associative Value & Significance
Does this property or structure have strong N/A❑ Unknown❑ No❑ Yes❑
associations with and/or contribute to the
understanding of a belief, person, activity,
organization or institution that is significant or
unique within the City?
Is the original, previous or existing use N/A❑ Unknown❑ No❑ Yes❑
significant?
Does this property meet the definition of a Unknown ❑ No❑ Yes❑
significant built heritage resource or cultural
heritage landscape, as identified in the
Provincial Policy Statement under the Ontario
Planning Act?
A property or structure valued for the
important contribution it makes to our
understanding of the history of a place, an
event, or a person.
Names of the Original Owners:
Notes:
Page 180 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Further Action/Follow Up
❑ Add to Heritage Register
❑ High Priority for Designation
❑ Heritage District Potential
❑ Additional Research Required
❑ Additional Photographs Required Setting ❑ All Facades ❑ Details ❑
❑ Request Permission to Access Property
Other:
General Comments
Date of Property Owner Notification:
Property Owner Name and Address:
❑ Additional Information Attached
Recommendation
Heritage Committee Recommendation Council Decision
❑ Add to Heritage Register ❑ Add to Heritage Register
❑ No Action — Keep on File ❑ No Action — Keep on File
Date: Date:
Notice of Collection: Information on this form is collected for the purposes authorized
under the Municipal Act 2001 , s. 8; in addition to heritage preservation, information
will be used to enhance municipal services being delivered to applicants or as the
applicant my require. All information is subject to the provisions of the Municipal
Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c M56. Questions
about this notice of collection should be directed to the Clerk's office at 705-487-2171
Revised June 2019
Page 181 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Municipal Register (Appendix C)
Application Form (Correction/Removal)
Municipal Register of Cultural Heritage Properties
"Non-designated" Properties
Heritage Committee, Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON LOL 2EO
P (705) 487-2171 Date Application Filed:
F (705) 487-0133
File Number:
GENERAL APPLICATION INSTRUCTIONS
You may consult members of the Heritage Committee concerning any questions/concerns you encounter in
completing and/or submitting this application.
If you require more space than is provided on this form, please attach additional pages and/or documents.
Supporting documentation should be included with the application.
PART A: Applicant Information
Name of Registered Property Owner:
Address of Registered Property Owner:
Phone Number: Fax Number:
Email Address:
[Please note:Authorization is required if the applicant is not the owner. See Part F.]
Agent Information (If another party is filling out this application on behalf of the owner.
All correspondence will be sent to the agent and copied to the owner.)
Name of Agent:
Address of Agent:
Phone Number: Fax Number:
Email Address:
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PART B: Property Information
Address of Subject Property:
Legal Description (e.g. Lot and Plan No.):
Date of Acquisition of Subject Property:
Current Use(s):
Existing Structures: Structure 1:
Yes (please specify use) Structure 2:
No Structure 3:
Current Photograph of property attached. 0 Yes 0 No
PART C: Request Details
When filling out this section please consult the current Municipal Register of Cultural Heritage Resources—Non-
Designated Properties(see www.oro-medonte.ca—search municipal register), a Glossary of Architectural Terms
(www.OntarioArchitecture.com;www.historicplaces.ca/nor-sta/request.aspx?req=sec6/page6a) and the "Criteria
for Determining Cultural Heritage Value or Interest" prescribed in Ontario Regulation 9/06 to the Ontario Heritage
Act(See Attached Appendix A).
1) Correction to Municipal Register
Are you requesting a correction to Municipal Register information? E]Yes �No
If Yes, please identify what information is incorrect and provide details explaining what change you are
requesting and include documentation/data sources in support of your application.
Property Address:
Legal Address:
Build Date:
Page 183 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Significant Features:
2) Removal from the Municipal Register
Are you requesting removal from the Municipal Register? El Yes El No
If Yes,
a) Please provide your rationale for the property not displaying any design or physical value under the Criteria
attached as Appendix A to the Review Process Guidelines.
b) Please provide your rationale for the property not displaying any historic or associative value under the
Criteria attached as Appendix A to the Review Process Guidelines.
Page 184 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
c) Please provide your rationale for the property not displaying any contextual value under the Criteria
attached as Appendix A to the Review Process Guidelines.
Has a Heritage Assessment been conducted? ID Yes No
(If the answer to any of the above questions is 'Yes'. please attach the appropriate Report to this application)
Heritage Consultant Information
Name of Heritage Consultant:
Address of Heritage Consultant:
Email Address:
Phone Number: Fax Number:
Page 185 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
PART D: Project Information
Is this property currently or previously the subject of a development application (e.g. Re-zoning, site plan control,
building permit, demolition, etc)?
C1Yes El No
If Yes, please provide:
Date:
File Number:
Purpose:
Details/Outcome:
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4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
PART E: Sworn Declaration
I/WE HEREBY CERTIFY that the information contained in this application is true, correct and complete in every respect
and may be verified by the Township of Oro-Medonte, including Heritage Committee members, by such inquiry as it
deems appropriate, including inspection of the property for which this application is being made.
I/WE HEREBY GRANT PERMISSION to the Township, or its agents, including Heritage Committee members,to inspect
my/our property as part of the review/heritage assessment process.
Name of Property Owner Title
Signature of Property Owner Date
(Owner must sign this application. Please see
Part F: Authorization for Agent to Act for Owner)
Signature of Agent (where applicable) Date
Name of Qualified Person (where applicable) Title
(Heritage Consultant)
Signature of Qualified Person (where applicable) Date
(Heritage Consultant)
** Personal information in this application (name, address, phone number, e-mail address) is part of the public record
and by signing such application form the applicant acknowledges that such information can be disclosed to the public.
Page 187 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
PART F: Authorization for Agent to Act for Owner
(If application is signed by an Agent on Owner's behalf, the Owner's written authorization below must be completed
and submitted with the application.)
I/WE
Of the of
In the County/Region of
Do hereby authorize
To act as my/our agent in this application.
Signature of Owner(s) Date
Print Name of Owner (s)
** Personal information in this application (name, address, phone number, e-mail address) is part of the public record
and by signing such application form the applicant acknowledges that such information can be disclosed to the public.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
OFFICE USE:
Date Received: Application Complete: 0
60 Day Review Period Ends: Support Materials Provided: 0
0 Correction Request
Result
Removal Request
Date of Heritage Sub-committee
Date of Heritage Committee Meeting
Invite Applicant
Council Date
Result
0 Register and copies Updated
Comments:
Page 188 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Oro-Medonte Proud Heritage, Exciting Future
All across Ontario, communities are working together to protect and promote our cultural heritage.
What is our cultural heritage?
Our cultural heritage reflects the expressions and aspirations of those who have gone before us
in addition to the diversities which exist today within our communities.
Our cultural heritage is what connects us to the larger community of our province and our
country, as well as what makes us, as a community, unique within that framework.
Cultural heritage can take many forms; buildings and monuments, bridges and road-ways,
streetscapes and landscapes, barns and industrial complexes, cemeteries, museums, archives and
folktales.
Cultural heritage enriches us, inspires us and guides us forward to build vibrant, livable
communities for future generations.
Conservation of cultural heritage properties is vital to a community's overall cultural and
economic development plan.
An integrated approach to cultural and economic planning leads to the revitalization of main
streets, neighborhoods and individual properties, creates employment, encourages new
business, brings tourist dollars and can even increase property values.
So what are some of the influences which make Oro-Medonte unique within the framework of the
history of Canada?
First Nations influences/archeology
French and Jesuit influences, Champlain,
• The war of 1812-14. British, British Military, and Militia influences.
• The first officially designated black settlement in the world, circa 1815
• The Highland Clearances, and Scottish immigration, in particular from Islay.
• An Gorta Mor; (The potato famine) and Irish Immigration
The Township of Oro Medonte, is moving, as are most other municipalities in the Province of
Ontario, to create a municipal register of cultural heritage properties within the township.
What is the municipal register of cultural heritage properties?
Section 27 of the Ontario Heritage Act requires the clerk of every local municipality to keep a
current, publicly accessible register of designated properties of cultural heritage value or
interest situated in the municipality.
The municipal register is the official list or record of cultural heritage properties that have been
identified as being important to the community.
Page 189 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
The register must include all properties in the municipality that are designated under Part IV
(individual designation) and Part V (district designation) of the Ontario Heritage Act. For
properties designated under Part IV, the register must include:
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 its heritage attributes.
For districts designated under Part V, the register must include a map or description of the
area of each district.
As of 2005, the Ontario Heritage Act also allows municipalities to include on the municipal
register properties of cultural heritage value that have not been designated. This is commonly
known as "listing." See subsection 27 (1.2) of the Ontario Heritage Act.
Listing is a means to formally identify properties that may have cultural heritage value or
interest to the community. It is an important tool in planning for their conservation and now
provides a measure of interim protection.
Why list property on the register?
While the legislation does not require municipalities to list properties on the register, listing is
strongly recommended. A comprehensive register of cultural heritage properties, including
both designated and listed properties, has the following benefits:
• The register recognizes properties of cultural heritage value in the community.
• The register promotes knowledge and enhances an understanding of the community's
cultural heritage.
• The register is a planning document that should be consulted by municipal decision
makers when reviewing development proposals or permit applications.
The register provides easily accessible information about cultural heritage properties for
land-use planners, property owners, developers, the tourism industry, educators and the
general public.
• The register provides interim protection for listed property (see below).
Interim protection for listed properties
Changes to Ontario's Building Code Act, which took effect January 1, 2006, brought new,
accelerated building permit review timeframes. These include, for example, 10 days for a
house and 20 days for a large building.
Page 190 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Building permit review timeframes allow municipalities and municipal heritage committees little
time to assess properties facing demolition or alteration that are potentially of cultural heritage
value to the community.
Amendments to the Ontario Heritage Act made in June 2006 address this issue. These
changes now provide interim protection for listed properties (see subsections 27 (3)-(5) of the
Ontario Heritage Act). Owners of listed properties must give the council of the municipality at
least 60 days notice of their intention to demolish or remove a building or structure on the
property.
This allows time for the municipality to decide whether to begin the designation process to give
long term protection to the property.
What is the process to list non-designated properties on the register?
A request/application from a property owner, interested party, historical committee/ society is
presented to municipal council/ the municipal heritage committee
Municipal council's approval (normally given by resolution) is required to add cultural heritage
properties that have not been designated to the register. In municipalities with a municipal
heritage committee, council must consult with its committee before a non-designated
property is added to or removed from the register.
For a non-designated property to be entered on the register, the only information required is a
description sufficient to identify the property without the chance of confusion, such as the
property's street address.
Although detailed research and evaluation of the property is not required, a brief rationale
should be provided explaining why it may be important to the community.
How does this affect me as a property owner?
Important Points About Heritage Designation/Listing:
• Designation is neither arbitrary nor frivolous.
• Designation criteria are specific: the principle requirements are that the structure or
district possess historic and/or architectural value or interest.
• Designation provides for a consistent approach to heritage conservation.
• It helps ensure that alterations in the case of individual property, or development in
districts, are consistent with the overall intent of the designation by-law or district
plan.
• Designation can prevent unsympathetic changes to heritage properties, and delay
demolition.
• Designation does not legally restrict the use of a property.
• Although designation is registered on the title of a property, it does not restrict the
sale of property, or normally affect its resale value.
Page 21 of 22
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4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
• In many instances designation has been shown to increase the value of the
property.
• Designation continues to be in effect when a property changes hands.
• If an owner disagrees with a council decision regarding designation, alteration to a
designated property, or repeal of the designation by-law, the owner may appeal the
decision to the Conservation Review Board, which must hold a hearing on the matter,
however, the final decision resides with Oro-Medonte Council.
• Designation does not require property owners to open their property to the
public
• Designated heritage properties and areas make good economic sense.
• Designation of individual property or areas may serve as a focus for community renewal
efforts. Economic development literature repeatedly stresses the importance of local
quality of life, to which recognized heritage properties contribute.
• Designated properties can be recycled to lead useful and economically viable
lives.
What are the Obligations of Designation?
• Designation requires a property owner to seek the approval of Municipal Council,
through Heritage Oro-Medonte, for any property alteration which affects the "reasons for
designation". Although the Ontario Heritage Act provides the owner with a
mechanism to appeal Council's decision to the Conservation Review Board, Council
has the final decision and Council could deny the property owner the permission to
alter. Designation requires the property owner to seek the permission of Municipal
Council, through Heritage Oro-Medonte, to demolish a designated structure. In the
event of change of ownership, the new owner of a designated property must give
notice of the change of ownership to the Town Clerk within 30 days after
becoming owner of the property.
Where to start?
If you consider that a structure/landscape on your property/in the township:
• Exemplifies the building tech niques/artisanship/craftsmanship of our ancestors?
• Is an excellent example of early life in our community?
• Is associated with a personage of importance to the history and development of Oro-
Medonte
• And if you would like to see these catalogued, studied and protected for future
generations of Oro-Medonte residents?
Starting the process is as easy as filling in an application for Heritage Listing.
Applications for Cultural Heritage listing are available from both the township office and
website.
Page 22 of 22
Page 192 of 356
: Introduction of Members; Procedural By-law (By-law 201 ...
Appendix B
Township ot�/�
Proud Heritage,Exciting Future Township of Oro-Medonte
Cultural Heritage Resource Evaluation Form
Address:
Period:
Recorder Name:
Description:
Photographs: Front Facade ❑ Left Facade ❑ Right Facade ❑
Rear Facade ❑ Details ❑ Setting ❑
Date:
Design of Physical Value
Style Is this a notable, rare or unique N/A C Unknown 0 No Yes
example of a particular
architectural style or type?
Construction Is this a notable, rare, unique N/A Unknown No Yes
or early example of a particular
material or method of
construction?
Design Is this a particularly attractive or N/A Unknown No Yes
unique structure because of the
merits of its design,
composition, craftsmanship or
details?
Does this structure N/A Unknown No Yes
demonstrate a high degree of
technical or scientific
achievement?
Notes:
Contextual Value
Continuity Does this structure contribute N/A Unknown No Yes
to the continuity or character
of the street, neighbourhood
or area?
1
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4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Township of Oro-Medonte Appendix B
Cultural Heritage Resource Evaluation Form
Contextual Value (Continued)
Setting Is the setting or orientation of N/A 7 Unknown 7 No F Yes
the structure or landscaping
noteworthy?
Does it provide a physical, N/A F Unknown F No ❑ Yes ❑
historical, functional or visual
link to its surroundings?
Landmark Is this a particularly important N/A F Unknown r- No r- Yes ❑
visual landmark within the:
❑ County;
❑ Township; or,
❑ neighbourhood?
Completeness Does this structure have N/A F Unknown F No F Yes❑
other original outbuildings,
notable landscaping or
external features that
complete the site?
Notes:
Integrity
Site Does the structure occupy its N/A i Unknown F No F Yes F
original site?
Note: if relocated, i.e.
relocated on its original site,
moved from another site, etc.
Alterations Does this building retain most N/A 7 Unknown F No F Yes F
of its original materials and
design features?
Is this a notable structure due N/A F Unknown F No F Yes F
to sympathetic alterations that
have taken place over time?
2
Page 194 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Township of Oro-Medonte Appendix B
Cultural Heritage Resource Evaluation Form
Integrity (Continued)
Condition Is this building in good N/A Unknown No Yes
condition?
Notes:
Historical or Associative Value & Significance
Does this property or structure have strong N/A F Unknown ❑ No ❑ Yes❑
associations with and/or contribute to the
understanding of a belief, person, activity,
organization or institution that is significant or
unique within the City?
Is the original, previous or existing use N/A Unknown No ❑ Yes❑
significant?
Does this property meet the definition of a Unknown No Yes
significant built heritage resource or cultural
heritage landscape, as identified in the
Provincial Policy Statement under the Ontario
Planning Act?
A property or structure valued for the
important contribution it makes to our
understanding of the history of a place, an
event, or a person.
Names of the Original Owners:
Notes:
3
Page 195 of 356
4.a) Orientation: Introduction of Members; Procedural By-law (By-law 201 ...
Township of Oro-Medonte Appendix B
Cultural Heritage Resource Evaluation Form
Further Action/Follow Up
❑ Add to Heritage Register
❑ High Priority for Designation
❑ Heritage District Potential
❑ Additional Research Required
❑ Additional Photographs Required Setting ❑ All Facades ❑ Details ❑
❑ Request Permission to Access Property
Other:
General Comments
Date of Property Owner Notification:
Property Owner Name and Address:
❑ Additional Information Attached
Recommendation
Heritage Committee Recommendation Council Decision
Add to Heritage Register Add to Heritage Register
No Action — Keep on File No Action — Keep on File
Date: Date:
Notice of Collection: Information on this form is collected for the purposes authorized
under the Municipal Act 2001 , s. 8; in addition to heritage preservation, information
will be used to enhance municipal services being delivered to applicants or as the
applicant my require. All information is subject to the provisions of the Municipal
Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c M56. Questions
about this notice of collection should be directed to the Clerk's office at 705-487-2171
Revised June 2019
4
Page 196 of 356
Register of Heritage Listed and Designated Properties June 23,2022
Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-01 Old Town Hall HC201116-6 C210324-09 14-Oct-15 24-Mar-21 833 Line 7 North
By-law
2021-036
-- O
R01-02 Rugby Community HC160118-7 C160127-17 27-Jan-16 1911 Old Barrie
Hall Road East
a
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R01-03 50 Ridge Road E HC160418-7 C160427-7 27-Apr-16 50 Ridge Road East CL
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9 O
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Page 1 of 26 N
0
Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-04 St.Thomas Church HC161017-6 C161109- 9-Nov-16 25-Apr-18 28 Church Street
12 Bylaw
2018-043 ;
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R01-05 Coulson Church HC161017-6 C161109- 9-Nov-16 343 Horseshoe
12 Valley Road West
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Page 2 of 26 N
0
Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-06 Knox Presbyterian HC161017-6 C161109- 9-Nov-16 1604 Old Barrie
Church 12 Road East
o'
R01-07 Willis Presbyterian HC161017-6 C161109- 9-Nov-16 3353 Line 10 North ET
Church 12 ` " 0
CL
0
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R01-08 Esson Presbyterian HC161017-6 C161109- 9-Nov-16 1430Old Barrie
Church 12 Road East
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Page 3 of 26 N
0
Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-09 Central Presbyterian HC161017-6 C161109- 9-Nov-16 80 15/16 Sideroad
Church 12 East
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v
R01-10 Oro Station HC161017-6 C161109- 9-Nov-16 697 Line 7 E
Presbyterian Church 12 South/703 Line 7 a
South
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R01-11 Guthrie Presbyterian HC161017-6 C161109- 9-Nov-16 14 Line 4 North
Church 12 T
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Page 4 of 26 N
0
Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-12 Guthrie United HC161017-6 C161109- 9-Nov-16 59 Line 4 North
Church 12
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R01-13 Hobart Memorial HC161121-7 C161214-9 14-Dec-16 4590 Line 6 North fl-
Church
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R01-14 Hexagon Concrete HC161121-7 C161214-9 14-Dec-16 354 Line 8 South 0
Silo n
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Page 5 of 26 N
0
Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-15 Wooden Hexagon HC170116-11 C170125-17 25-Jan-17 1012 Ridge Road
Silo East iv
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0
R01-16 Sir Sam Steele HC170116-11 C170125-17 25-Jan-17 Line 11 North c
Memorial between Mount St. �_-
Louis Road East and
Fair Valley Church o
Road if
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Page 6 of 26 N
0
Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-17 West Oro Baptist HC170116-11 C170125-17 25-Jan-17 1058 Bass Lake
(Church) church and stable (Church) (Church) (Church) Sideroad West
R01-19 HC171120-7 C171213-10 13-Dec-17
(Stable) (Stable) (Stable) (Stable)
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R01-18 St.Luke's Anglican HC171120-7 C171213-10 13-Dec-17 9160 Highway 12 T
Church West O
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-20 1478 Horseshoe HC180226-5 C180314-7 14-Mar-18 1478 Horseshoe
Valley Road East Valley Road East 41
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R01-21 4454 Line 5 North HC180226-5 C180314-7 14-Mar-18 4454 Line 5 North 4454 Lin,5Nonh
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-22 Mount St.Louis HC180226-5 C180314-7 14-Mar-18 4784 Line 4 North
Church
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R01-23 1072 Warminster HC180226-5 C180314-7 14-Mar-18 1072 Warminster
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-24 Sacred Heart Church HC180226-5 C180314-7 14-Mar-18 1804 Warminster
Sideroad
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R01-25 2379 Old Barrie HC180226-5 C180314-7 14-Mar-18 2379 Old Barrie l
Road East Road East p o•
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R01-26 903 HC180226-5 C180314-7 14-Mar-18 903
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-27 3270 Line 10 North HC180226-5 C180314-7 14-Mar-18 3270 Line 10 North i
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R01-28 54 Bay Street HC180226-5 C180314-7 14-Mar-18 54 Bay Street • •�� .��:� �'
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R01-29 1541 Warminster HC180226-5 C180314-7 14-Mar-18 1541 Warminster
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-30 Oro-African HC 180319-4 C180328-8 28-Mar-18 11/14/2018 1645 Line 3 North
Episcopal Methodist Bylaw ,
Church 2018-101 iv
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R01-31 Carley Community HC 180319-5 C180328-9 28-Mar-18 396 Warminster a
Hall Sideroad
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R01-32 Eady Community HC 180319-5 C180328-9 28-Mar-18 73 Eady Station
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-33 Edgar Community HC 180319-5 C180328-9 28-Mar-18 1167 Old Barrie A Y.
Hall Road West
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R01-34 Hawkestone HC 180319-5 C180328-9 28-Mar-18 3 Allen Street o
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R01-35 Jarratt Community HC 180319-5 C180328-9 28-Mar-18 837 Horseshoe _
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-36 1614 Ridge Road HC 180319-5 C180328-9 28-Mar-18 1614 Ridge Road y`y
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East East
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-38 276 Line 11 South HC 180319-5 C180328-9 28-Mar-18 276 Line 11 South
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R01-39 567 Line 11 South HC 180319-5 C180328-9 28-Mar-18 567 Line 11 South gwk
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-40 134 Shoreline Drive HC 180423-8 C180509-3 9-May-18 134 Shoreline Drive
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R01-41 1832 Ridge Road HC 180423-8 C180509-3 9-May-18 1832 Ridge Road o
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-43 8 Raikes Street HC 180423-8 C180509-3 9-May-18 8 Raikes Street
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R01-44 2449 Highway 11 HC 180423-8 C180509-3 9-May-18 2449 Highway 11 0
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-46 3985 Line 11 North HC 180528-5 C 180613-9 13-Jun-18 3985 Line 11 North
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R01-47 4804 Line 10 North HC 180528-5 C 180613-9 13-Jun-18 4804 Line 10 North {j c
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-49 133 Robinson Street HC 180528-5 C 180613-9 13-Jun-18 133 Robinson Street
(Log House) (Log House)
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R01-50 2400 Bass Lake HC 180528-5 C 180613-9 13-Jun-18 2400 Bass Lake
Sideroad East Sideroad East
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-53 2001 15/16 Sideroad HC 180528-5 C 180613-9 13-Jun-18 2001 15/16 Sideroad
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R01-54 3760 Line 8 North HC 180618-6 C 180718-8 18-Jul-18 3760 Line 8 North a
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-56 57 Mill Pond Road HC 180618-6 C 180718-8 18-Jul-18 57 Mill Pond Road
d v
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R01-57 2108 Ridge Road HC 180618-6 C 180718-8 18-Jul-18 2108 Ridge Road 0
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R01-58 2092 Ridge Road HC 180618-6 C 180718-8 18-Jul-18 2092 Ridge Road o
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-59 661 HC 180618-6 C 180718-8 18-Jul-18 661
Penetanguishene Penetanguishene
Road Road
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R01-60 1548 Line 1 South HC 180618-6 C 180718-8 18-Jul-18 1548 Line 1 South
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R01-63 554 Line 15 North HC 180618-6 C 180718-8 18-Jul-18 554 Line 15 North ..a . o
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-64 178 Line 15 North HC 180618-6 C 180718-8 18-Jul-18 178 Line 15 North ^ -
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R01-65 539 Line 15 South HC 180618-6 C 180718-8 18-Jul-18 539 Line 15 South
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-67 1985 Ridge Road HC 180618-6 C 180718-8 18-Jul-18 1985 Ridge Road
West West
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R01-68 1121 Line 3 South HC 180618-6 C 180718-8 18-Jul-18 1121 Line 3 South a
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-69 4715 Line 6 North HC 180618-6 C 180718-8 18-Jul-18 4715 Line 6 North
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Section Property Heritage Council Date Date Local Address Photos
# Motion# Motion# Listed Designated
R01-70 1312 Line 1 North HC210419-5 C210428-4 28-Apr-21 1312 Line 1 North
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R01-71 1933 Old Barrie HC000516-8 C220525-2 25 May- 1933 Old Barrie ! I ET
V I�' I"Y
Road East 22 Road East - ✓ 0a
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March 18,2022
List of Cairns,Plaques,Monuments,Cemeteries and Churches in the Township of Oro-Medonte
Cairns
Cairn Description Location Photo
1 East Oro drill .Records the interesting tradition of maintaining On the Township road 41
shed cairn a militia in each community,prepared to defend allowance in front of 801
against invasion or insurrection. Line 11 North
•Huronia historic sites association m
s
2 Oro African Erected by the County of Simcoe and the 1645 Line 3 North
Church cairn Township of Oro in memory of the following c
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families who worshipped and are buried there.
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The stone cairn is listed as a heritage attribute in I o
the designating By-law(2018-101)for the church. if
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3 Clowes cairn In memory of Clowes Primitive Methodist Church 2191 Line 2 North(south
1867-1958 west corner)
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Cairn Description Location Photo
4 E.C.Drury .To commemorate and recognize the services of Old Barrie Road East,
Honourable E.C.Drury. north side,on the curve
•Born in the Township of Oro in 1878. between Line 7 N and Line
Count On the N
•Instrumental in establishing Simcoe County 8 ( Y Road A� iv
Forest. allowance)
•Served as Premier of Ontario from 1919-1923. (West of 316 Old Barrie �a ~ 0
Road East)
VA
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5 Bayview Donated in 1944 to the Township of Oro by 687 Lakeshore Road East R c
Memorial Park George Kirkpatrick in Honour of Those from the (Bayview Memorial Park) .
Township who served in our armed forces in the 0
war 1939 to 1945. o
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Cairn Description Location Photo
6 Stone Cairn at Site of Teanaostaye and Martyrdom 4311 Line 3 North
the Flanagan St.Anthony Daniel S.J.
Site 4 July 1648 41
Homestead of Flanagan Family 1832-1949
Mentioned by Fr.Martin S.J.in Jesuit relations O
1855 m'
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In memory of Flanagan ancestors by grand
children Michael&John Murphy,Anne Kunkel P
Kay Doherty Fr.Ted Fournier
July 1996 ^'
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Pla ues
Plaque Description Location Photo
1 Oro African .National historic site 1645 Line 3 North i
Church .Simcoe County historic site F
•Acknowledges the contribution Blacks made to the iv
development of the area,and the unique situation that
brought them here.
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Plaque Description Location Photo
2 St.Thomas St. Thomas Anglican Church is a significant central 28 Church Street
Church settlement structure for the Shanty Bay area.The
plaque church's construction was completed in 1842 and is d
settled amidst towering spruce,a cemetery including
the local O'Brien family and mausoleum dating from
1913.The unusual craftsmanship of the structure is _
evident in the interior wood elements(pews,lectern,
pulpit,plan flooring,wainscoting,ceiling beams and
reredos and interior paneling with adze marks).The o•
structure is built on a land grant provided to and then P
donated by Lt.Col.Edward O'Brien,a half-pay British
officer who influenced the design and direction of the ^'
construction. a
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3 Langman Langman Homestead(1832-1992) 2400 Bass Lake Sideroad
Homestead Settled by Nicholas Langman from South Petherwin, East
plaque Cornwall,England. Married Mary Baskerville(1833)of 4 1
Leigh's Corners,Oro Township and raised their family
of 12 children.
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Plaque Description Location Photo
4 Marian Keith . 1873-1961 1911 Old Barrie
plaque . Mrs.Esther MacGregor—nee Miller Road East(Rugby) k:
• Beloved author,who in her many books,portrayed
41
affectionately the live of the people and early time of this part u v
of Oro as well as Ontario. Representative of her writings are
novels'Duncan Polite'and'Silver Maple'area 1920. ?'
• "Teacher and novelist whose characters and fictional MD
situations reflected what she saw in her community" >v
(Township's website). o
• Simcoe County historic site P
0
5 E.C. Drury Hon.Ernest Charles Drury 669 �-
plaque A descendant of one of this area's pioneer families. Drury was Penetanguishene �
born on this farm in 1878. His father,the Hon.Charles Drury, Road Oust north of i+ o
had served(1888-1890)as Ontario's first minister of Highway 11) !_
agriculture. A graduate of the Ontario Agricultural College. m
E.C.Drury was appointed secretary of the Canadian Council of
Agriculture in 1909 and became first president of the United m
Farmers Of Ontario in 1914. The U.F.O.formed a political
party in 1918 and with support from labour won the general
election of 1919. Returned as member for Halton,Drury o
became Ontario's eight rime minister. Following his a s
m 9 p 9 p rtY s a
m defeat in 1923 he retired from provincial politics but later held
N various public offices in Simcoe County.00
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Plaque Description Location Photo
6 Black Black Settlement in Oro Township Line 1 South at the
Settlement The only government-sponsored Black settlement in Upper Rail Trail Parking
plaque Canada,the Oro community was established in 1819 to help Lot
secure the defence of the province's northern frontier. Black
veterans of the War of 1812 who could be enlisted to meet
hostile forces advancing from Georgian Bya were offered land O
grants here. By 1831 nine had taken up residence along this m
road,called Wilberforce Street after the renowned British '
>v
abolitionist. Bolstered by other Black settlers who had been o
attracted to the area,the community soon numbered about 100.
The settlement enventually declined,however,as farmers
discourage by the poor soil and harsh climate gradually drifted
away. Today only the African Episcopal Church erected near OQ
Edgar in 1849 remains as a testament to this early Black
communit .
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Plaque Description Location Photo
7 Ed Sutherland Ed was born in New Brunswick where he obtained a Bachelor Bass Lake Side
plaque of Science in forestry in 1968. After joining the department of Road just east of
Lands and Forest in Ontario his career took him to Chapleau, Line 5 North
Lindsay and finally Midhurst area where he began working in (Simcoe County iv
the Simcoe County Forests in 1973. After retiring from the Forest—Sutherland
province in 1996,Ed became the Forester for the County of Tract) 0
Simcoe,a position he held until 2005. The Ed Sutherland tract FD.
has been established in the memory of Ed and has more than �"* v
30 years of management. , o•
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8 Historic .Acknowledges the interesting history of a community Between the Fire a
Hawkestone established to receive settlers. Hall(375 Line 11 #�' (D
(Hodges' .Township historic site South)and the Rail
Landing) Trail
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Plaque Description Location Photo
9 Juno Beach .Commemorative brick on the Juno Beach Centre's Memorial Juno Beach,
Kiosks. Normandy,France
•"Remembered for Eternity,The Council and Community,
Township of Oro-Medonte". Brick location: 41
Kiosk:K10
BRICK LOCATION Panel:4 0
Position:115 m'
Kloek Kid
Pero)4 A&M 0
Orink Aonmod by ��`' ♦ O t � M
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REMEMBERED FOR ETERNITY O
COUNCILTHE if
TOWNSHIP OF ORO-IVIEDONTE (D
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Plaque Description Location Photo
10 Private George Private McNutt left the home farm in May 1942 for active 3525 McNutt Road
Robert McNutt service in the Lanark and Renfrew Scottish Regiment of The
Plaque Canadian Infantry Corps leaving his widowed mother&brother
home on the farm. On October 4th,1944 while serving in the 41
Perth Regiment,he was killed in action in Italy at the young age
of 26 years. O
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11 Oro-Medonte Donated by the Oro-Medonte Horticultural Society in memory of 687 Lakeshore
Horticultural the dedicated service to our society and the community of Past Road East(Bayview
Society Presidents: Memorial Park) o
•Ellwood McLaughlin(1923-2016) �V ,F
•Jean Crawford(1925-2017)
•Marjorie Bell(1937-2018)
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Plaque Description Location Photo
12 Bayview Dedicated to the people of Oro—past,present and future 687 Lakeshore
Memorial Park generations. It is through their efforts that this Township first Road East(Bayview
Plaque settled in 1819 was,is and shall continue to be a fine place to Memorial Park)
live and grow
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13 Private Kevin In memory of Pte.Kevin Thomas'Mickey'McKay(1986-2010). 3375 Line 4 North a
Loving
'� L®
Thomas Kevin grew up in Horseshoe Valley. He was deployed to �-ingg
'Micke McKay Afghanistan in the autumn of 2009. Sadly,Kevin was killed b
Y Y 9 Y. Y ruxM.nrn �
an Improvised Explosive Device(IED)while on his very last
nigh patrol,just two days before the end of his tour of duty. He
was buried with full military honours in the National Military
Cemetery,Ottawa. 3
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Plaque Description Location Photo
14 Ian Arthur Dedicated on October 20,2002 3375 Line 4 North
Beard In memory of
Community The late Ian Arthur Beard
Complex "Are we having fun yet' 41
•r i� �� ill
Mayor of the Township of Oro-Medonte
December 1,1994-March 1,2002 O
IN 19MM OF
THE WE 10 AMUR HEAD m'
'Alt WE HAVING FUW Y17'
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15 The Tim The Tim Crooks Trails of the Church Woods Nature Reserve Bay Street
Crooks Trails
Tim(1939-2017)grew up in these woods,enjoying and 0
cherishing his natural surroundings. As a child he would play o
for hours with friends and relatives,exploring and learning if
about the trees,water,wildflowers and wildlife. As an adult,he m
ceaselessly championed for the protection of these woods and a
for all the waters that flow into Lake Simcoe. The Couchiching - m
Conservancy land trust dedicates these woodland trails to the rn
memory of Tim Crooks. He would ask that you learn to love
and respect them as he once did. o
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Monuments
Monument Description Location Photo
1 Sir Sam Sir Samuel Benfield Steele North of 4632 Line 11 North
Steele KCMG CB MVO (on the curve of the road)
monument Born January 5,1848 at Purbrook
Son of Capt.Elmes Steele and his wife Anne.
351"Regiment Simcoe Militia—1866
A battery royal Canadian artillery—1871
North West Mounted Police—1873
March West in 1874
Kootenay expedition and Fort Steele Yukon—the P
cold rush—1898 ET
Raised Strathcona's horse—1900 ^'
Commanded in South Africa 1900-1901 a
Aglo-Boer War
South African constabulary—1901 o
Promoted Major General—1914 n
Knighted KCMG—1918 21
Died January 30,1919 at Putney,England if
Buried at Winnipeg,Manitoba m
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Monument Description Location Photo
2 Old Town Hall .Township monument records the names of those who fought 833 Line 7
Cenotaph in the two world wars. North
•Township historic site
41
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3 Four-Township The monument was originally erected in 1920 to honour the 223 Darby a
War Memorial men lost in the Great War,from the four surrounding townships Road
Ta of Medonte,Tin Tay and Flos. Waverly is at the crossroads of Intersection of(Tiny, Y, Y, Y Y� �
Flos and Oro- these four townships. County Roads
Medonte) After the Second World War,four steles were added to the 27&93 in o
grounds,once again one for each of the four townships,each Waverly) Z::
with a list of names of those lost in the war. m
A marble statue of a WWI soldier stands on top of the original 3
monument. The entire park is surrounded by a black metal `■ m
fence with a gate at the front of the grounds. This is a very -a.attractive memorial,well kept and treasured by the local
citizens. The names of their ancestors forever carved in the o
m stones. m
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Historic Sites
Historic Site Description Location Photo
1 Site of 14 Cahiague Road
Cahiague
Native Village 41
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The Pla�ue has been removed.
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2 Old This highway follows much the same route as the ancient _Highway 12
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Coldwater Indian portage from the Narrows(Orillia)to Coldwater, (East side of Highway 12, o•
Road the major east-west trail between Lake Simcoe and just south of Warminster) M
Georgian Bay. Prehistoric Indians,fishing at the Narrows 21
as long as 4,000 years ago,may have come this way. if
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Over this trail in 1615 Champlain travelled with the a
Hurons to winter at Cahiague(near Warminster). Hurons m
and Ojibways,French and British used it as a fur-trading
route. Later it served pioneer traffic to mills,stores and
steamboat landings.
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Agent T.G.Anderson,for the Coldwater and Narrows v
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Indian Reserve,situated here 1830-38. W
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Cemeteries
Cemeteries Description Location Photo
1 Leigh's .Township took over the cemetery in 2014 540 Line 12 North x.
Corner .Dedicated to the memory of John Leigh Family
Cemetery '.
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2 Abandoned To the east of 610 Old m
Cemetery Barrie Road West
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rn 3 Moon Private Lot 15,Concession 9
Cemetery Medonte W
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Cemeteries Description Location Photo
4 African 1645 Line 3 North y,
Methodist
Episcopal
Church ' iv
Cemetery
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5 Rugby 1933 Old Barrie Road East
Cemetery
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Churches
Church Description Location Photo
1 St.Thomas St. Thomas Anglican Church is a significant central 28 Church Street
Church settlement structure for the Shanty Bay area.The church's
41
construction was completed in 1842 and is settled amidst ' ;:;
towering spruce,a cemetery including the local O'Brien y .
family and mausoleum dating from 1913.The unusual
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craftsmanship of the structure is evident in the interior wood
elements(pews,lectern,pulpit,plan flooring,wainscoting, r
ceilingbeams and reredos and interior paneling with adze
P 9 < €
marks).The structure is built on a land grant provided to and
;•f ;.i;
then donated by Lt.Col.Edward O'Brien,ahalf-pay British :`•_:r,•�:•?:;;=�fri'; ''-` � —
officer who influenced the design and direction of the
construction. °Q
2 Oro African Oro African Methodist Episcopal Church is located at the 1645 Line 3 North o
Church southeast corner of the intersection of Line 3 North and Old s
Barrie Road West.This modest church,constructed of hand- o
hew logs,and is the last built remnant of a community of
early African Canadians settlers in Simcoe County.The m
British government granted 25 plots to Black settlers in Oro
Township from 1819-1826.By 1831,thirty more families m
joined the settlement and the church construction was
completed by 1849.The Church was active until 1900 when
the community faded away and was declared abandoned in o
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1916.It was designated a National Historic Site in 2000. a
m An unmarked cemetery is also located on the property.A
A stone cairn displays plaques commemorating the history of v
o the former church,including the Historic Sites and W
° Monuments Board of Canada plaque and a stone tablet
engraved with the names of the families buried in the
cemetery.
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Church Description Location Photo
3 Bethesda Bethesda Congregational Church 1562 Old Barrie
Congregational 1859-1899 Road West
Church
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4 Coulson .Listed in the Township's Register 343 Horseshoe
Church Valley Road West
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Church Description Location Photo
5 Knox .Listed in the Township's Register 1604 Old Barrie
Presbyterian Road East
Church
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6 Willis .Listed in the Township's Register 3353 Line 10
Presbyterian North
Church a
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7 Esson .Listed in the Township's Register 1430 Old Barrie
Presbyterian Road East T
Church o
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Church Description Location Photo
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8 Central .Listed in the Township's Register 80 15/16
Presbyterian Sideroad East
Church Oro-Medonte
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9 Oro Station .Listed in the Township's Register 697 Line 7 - - _
Presbyterian South/703 Line 7
Church South o
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10 Guthrie .Listed in the Township's Register 14 Line 4 North
Presbyterian
Church o
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Page 21 of 23
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Church Description Location Photo
11 Guthrie United .Listed in the Township's Register 59 Line 4 North
Church
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12 Hobart .Listed in the Township's Register 4590 Line 6 North
Memorial
Church
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13 West Oro .Listed in the Township's Register 1058 Bass Lake a m
Baptist Church Sideroad West
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Church Description Location Photo
14 St.Luke's .Listed in the Township's Register 9160 Highway 12
Anglican
Church,Price's 41
Corners
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15 Mount St. .Listed in the Township's Register 4784 Line 4 North 0
Louis Church
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16 Sacred Heart .Listed in the Township's Register 1804 Warminster
Church Sideroad
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Township of Oro-Medonte
Heritage Committee
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2023-2026 CD
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March 27, 2023
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Overview
• Municipal Heritage Committees - -
• Township's Heritage Committee Mandate
• Ontario Heritage Act
• Ontario Regulation 9/06
• Listed Properties
• Designated Properties
A . o
• Heritage Conservation Districts
• Heritage Easements 661 PenetanguisheneLR{aec
• Bill 23 Amendments to the Ontario Heritage Act
�• Cultural Heritage Landscapes Q
• Researching Heritage Properties
V �
Township's Heritage Books
• Ongoing Projects
• Heritage Committee Member Expectations
Proud Hrrtlage,E-W,kt F,,t,,,
Municipal Heritage Committees 41
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• Heritage Committees are established by By-law under Section 28.1 of theCD
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Ontario Heritage Act 0
• Role of the Committee is to advise and assist Council on:
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• Designation of individual properties (under Part IV) and heritage conservation districts (under Part V);
• Alterations to designated property;
• Demolition/removal of designated property; o
• Repeal of a designation By-law;
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• Maintain the municipal register;
• Heritage Easements; T
• Research heritage properties;
Community involvement; 0
• Education; si
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00 • Books; and,
W Heritage-related municipal planning.
Rugby Community Hall
1911 Old Barrie Road East
Listed
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Township's Heritage Committee Mandate
3_ Tlhe mandate of lhe Ora-Medonte Heritage Committee shall WLta provide
suggestionis and advice on matters per'laining to heritage, specifically, ` O
T. CD
3.1_ To act as an advisory body to Courncff, and recornmendati a shall ce v
forwarded to Courbcll for consideralion, o
3.2. Qultund aM Heritage Flles�oufces
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a) To provide recomrnandatIons wlth respect to arfffacts and ar-ohlval
documents or materials currenily hell by the Township, _-- -- - o
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b) Provide recommendetlons for the rare and maintenance of
municipal cultural or horillage resources umh as caims, CD
rflonumenls,and plaques. B
Coulson Church m
3,3, Heritage Register 343 Horseshoe Valley Road West
Listed
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a) Pursuant to$ectlon 27 of the Act, 4n behalf of the Clerk, keep a 0
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register of property situated in 1ha municipality Thal is of cultural 0-
henitage value or interest. v
W b) Corisutt wilh and recommend to Coufkr it regarding the Inoluslon of
a properly In the register, g
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c) Gonsuh with and recorhmend to Coumil regarding the removal of a `<
property from the register.
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Township's Heritage Committee Mandate
(D
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a) Provide public education and promote awareness and Iv
conservallon of Oro-Medonte's cultural heritage. 0
: . -3.5. r'a.nning Matters o
aj. PMVWO advice an cultural heritage matters,as requested,in o
}' accordance With the Township of Oro-Medonts's Official Plan On o
tk l'IanrLing Art applications.
3.6. Conservation of Property and Heritage Conservatlon Districts E
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A) COASUlt Wltb and recommend to Councll plursuant lO Pert IV-ow Conservatlon of Property of Cullural Heritage Valve or InEeresl and
. - Part V—Herrtage Conservation Disl&Ts Of the ChT#arry Hpr&.Wo m
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o b) PUrSuarrt to Section 3B of the Act, all marn rs Of the Oro-MedontaQ
gnox Presbyterian Church Heritage CommIttee are authorized to canduct inspeclions_
9604 Old Barrie Road East
Listed W
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Tools to protect a Heritage Property
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• List the property on the municipal registerCD
(Section 27 OHA) "
• Designate the property under Part IV of V
the OHA — t
• Designate a neighbourhood as a Heritage
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Conservation District under Part V of the
OHA
• Heritage Easements and covenants `
(Section 37 OHA) Q
N Cultural heritage landscapes (protected Willis Presbyterian Church
through an official plan, zoning by-law, or 3353 Line 10L ted
other land use planning mechanisms).
Proud HrrUW,,E-W,kt Fwe
Ontario Heritage Act
The Act requires Council to consult with its Municipal
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Heritage Committee on the following items: z w
• Listing in the register; Q
• Council's intent to designate (Part IV); Esson Presbyterian Churck.
1430 Old Barrie Road Easy
• Council's intent to amend or repeal a designation (Part IV); Listeg.
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• Proposed alteration of a designated property (Part IV); E3
• Proposed demolition or removal of a building or structure
on a designated property (Parts IV of V);
• Heritage Conservation District studies (Part V); and,
N Heritage Easement Agreements.
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Cultural Heritage
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The Ontario Heritage Act provides a s
framework for the conservation of
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properties that have cultural heritage value - �
or interest to a community.
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What is cultural heritage?
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Under the Ontario Heritage Act, only real
property and all buildings and structures
thereon.
• It excludes movable items that are not ermanentl 2449 Highway 11 North Q
N P y Listed
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Cultural Heritage Properties
Cultural heritage properties may include: o
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• Residential, industrial, commercial, institutional or agricultural buildings.
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• Monuments such as a cenotaph, public art or a statue; �
• Natural features that have cultural heritage value or interest;
• Structures, such as a water tower, culvert, fence or bridge;;
• Spiritual sites;
• Cemeteries, gravestones or cemetery markers;
• Cultural heritage landscapes; - - a
• Building interiors; OV
• Ruins; 134 Shoreline DQ✓e
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• Areas of archaeological potential; 03
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• Any other built/immoveable fixtures or chattels attached to real property.
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Criteria for determining whether a property has
cultural heritage value or interest
O Reg. 9/06 (last amendment O. Reg. 569/22):
Design or physical value: _
1 ) The property has design value or physical value - _-
because it is a rare, unique, representative orCD
early example of a style, type, expression, 1 \
material or construction method.
2) The property has design value or physical valueCD
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because it displays a high degree of St. Luke's Anglican Church Q
12
craftsmanship or artistic merit. 9160 "'g"Listed
.3) The property has design value or physical value
because it demonstrates a high degree of
technical or scientific achievement. 7-
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Criteria for determining whether a property has
cultural heritage value or interest
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Historical or associative value: CD
4) The property has historical value or associative 0
value because it has direct associations with a
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theme, event, belief, person, activity, organization
� or institution that is significant to a community.
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5) The property has historical value or associative
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value because it yields, or has the potential to yield,
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information that contributes to an understanding of
a community or culture.
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03 Penetanguishene Road a
Listed 6) The property has historical value or associative
value because it demonstrates or reflects the work
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or ideas of an architect, artist, builder, designer or
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theorist who is significant to a community.
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Criteria for determining whether a property has
cultural heritage value or interest
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Contextual value:
7) The property has contextual value because it
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is important in defining, maintaining or
supporting the character of an area.
pp 9
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8) The property has contextual value because it
is physically, functionally, visually or
historically linked to its surroundings. central Presbyterian churchCD
N 9) The property has contextual value because it 80 15/16 Sideroad EastSi
Listed
is a landmark. O. Reg. 569/22, s. 1 .
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Listed Properties
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• Section 27 of the Ontario Heritage Acts,
• Listing provides interim protection against
demolition. - .
• 60-day notice to Council required fora ■ ■
demolition permit
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• If a property is not listed, the Demolition Permit has to be issued WSW
within 10 business days of receipt of the application.
• Note: Barns do not require a Demolition Permit m
• Listinghelps prioritize future designations and Carley Community Hall
p p g 396 Warminster Sideroad 0
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promotes knowledge of the community's cultural Listed a
rQ heritage.
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listed properties.
• 63 listed properties in the Township.
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Listing Process
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• Receive a request to list a property (from CD
homeowner, member of the public or Heritage
Committee Member).
• The Cultural Heritage Resource Evaluation r
Form is filled out by the person making the
request.
• The request is reviewed by the Committee.
• Notification to owners—Our current practice has been to notify
owners of our interest to list their property, prior to listing it.
Therefore, the request comes back to the Committee a second 3270 Line 10 Norti
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time after we have received the ok from the owner. Listed
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• Committee makes a recommendation to Council03
for the inclusion of the property on the register.
• Council approval.
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Listing Process (Continued)
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• Staff have 30 days to notify the property owner after the property has beenCD
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added to the register. The notification includes: 0
• A statement explaining why the council of the municipality believes the property to be of cultural
heritage value or interest. Q
• A description of the property that is sufficient to readily ascertain the property.
• A statement that if the owner of the property objects to the property being included in the register, the
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owner may object to the property's inclusion by serving on the clerk of the municipality a notice of
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objection setting out the reasons for the objection and all the relevant facts. E3
• An explanation of the restriction concerning the demolition or removal.
• The property is added to the Township's online register and story map.
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Eady Community Hall o Edgar Community Hall
73 Eady Station Road 1167 Old Barrie Road West
Listed Listed I
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Listing Process (Continued)
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• If the owner objects after the property has been added to the register, theyCD
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have to provide the Clerk with a notice of objection stating the reasons for 0
the objection and all the relevant facts.
• The owner has to fill out the Township's Municipal Register Application Form (Correction/Removal)
• The is no time limit or limit to the number of times they can object. o
• Council reviews the notice and decides whether to keep the property on the o
register or remove it. E3
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• A notice of Council's decision is sent to the owner within 90 days of the
decision.
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Hawkestone Community Hall -1'1i73 Jarratt Community Hall
3 Allen Street _ a 837 Horseshoe Valley Road East
Listed Listed
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Designated Properties
• Individual property designation is under Part IV of the OHA. -
• The property must meet two or more of the criteria in O. Reg. • • AfriAn Church
9/06.
• The designation provides formal recognition of the importance
of the property through a municipal By-law.
• Designation protects specific heritage attributes that are listed
in the Designation By-law.
• Designation allows Council to manage alterations and
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demolition of a property's heritage attributes.
• The Designation By-law is registered on title. =-
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• 3 designated properties in the Township: Oro African Church,
St. Thomas Church and the Old Town Hall. Old ;
• Currently working on the designation of the rail trail.
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Designation Process (Part IV - Individual Properties)
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• Receive a request to designate a propertyCD
ry_ (from homeowner, member of the public
tom. ..
or Heritage Committee Member)
,
The Cultural Heritage Resource
Evaluation Form is filled out by the person
making the request.
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The request is reviewed by the Heritage
a
Committee.
r* The Committee makes a recommendation
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to Council to proceed with the cultural
!1614 Ridge Road East heritage assessment/research of the
misted property.
• Council approval.
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Designation Process (Part IV - Individual Properties)
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• Committee Members or a heritage consultant
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conducts the research. 0
• The research does not have to be completed by a Heritage f `.
Consultant; however, it has to be defendable should it get
appealed to the Ontario Land Tribunal. -
• The Cultural Heritage Assessment/research isJim
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brought forward to the Committee for review. 'A Ell CD
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• The Committee recommends to Council that w'
Staff are authorized the publish the Notice of ,
Intention to Designate. - - CD
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N Council approval to publish the Notice of
0 276 Line 11 South
Intention to Designate. Listed -W ,
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Designation Process (Part IV - Individual Properties) 41
• The Notice of Intention to Designate is mailed to the Owner, Ontario
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Heritage Trust and published in the local newspapers (Orillia Today, Barrie C
Advance)
• This voids any prior permits allowing alterations or demolition.
• if no objection within 30 days of the publication of the Notice of Intention to Q
Designate, a Staff report and designation By-law are presented to Council.
• If there is an objection, Council must decide whether to continue with the designation. o
• Designation By-law is passed by Council and registered on title. CD
• The designation By-law has to be passed within 120 days of the publication of the Notice of Intention to
Designate.
• Owners may appeal within 30 days of the publication of the Notice that the By-law was passed. In this o
case, the OLT would hold a hearing and make the final decision whether to keep the designation or Q
N repeal the By-law. —; si
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Stone Fence
4191 Line 10 North
Listed
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Designation Process (Part IV - Individual Properties) 41
0
• Notice of Designation is sent to the owner,
Ontario Heritage Trust and published in
the local newspapers Orillia Today, Barrie
� Y� o
Advance).
• The Designation By-law is registered on
title of the property.
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• The property is added to the Township's
online register and heritage story map. `
• The property is listed on the provincial
Former Girl Guides Property a
N 567 Line 11 South register of heritage properties.
Listed
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Sample Designation By-law
Now Therefore the Court of She Township of Oro-Merfanto horukeY untv:ts ari
The DorpUratian of the Township of Ora,Medonte futtcma.
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By-Maw ND.2021.036 1, The-Did Tsmn Hall and Canoiaptr,muiclpally known as833 Line 7 Nurlh N110CD
mora particularly desraibed in aGhedulsi W,bq deslgnatad as eJruchres of
A Sy-law to Designate the Old Town Hall and Cenotaph under the Ontario sign'rfiranl cultural hwbge value and iitilereoas dearrg)ed in S!cheduiie T'
Heritage Act- O
2 The tentage altmwga dwicribed in Schedule`!I;°'ir2rrn part or m ol-wh
D
wuena.s Seaffon 21)of the O7nf`&io HanYage Aer,R S.O.14Nd,c.0.18.as amended, 3. The Cleric is hereby authorinad to Cause a MW of ttY By-law 1-joher-th its o
auihcrves the Coenril of s Municipf&y♦o erRd a by yaw in despnsbs root pruverly sdmdulas to bo Tog sWred agalnsl the propwy In the Land Ragletrar+a Clffite and
irx ludWV all buildings and slrudurot 11horeati.io be Cif cultural heritage wclue or oho serve a oVy of the lay law tcagether with its scheduias upon the prowTly �
inner t: owner and the Ontanv Harttage Truat. p'
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And Whereas the OW Tarn Hell and Cenotaph,municipally known as 833 Lima 7 4. The By-law shal L*e fun lord and effect on the final date of passage hereof. o
Non-i.ha LEen idienlifiod by the TCYr mhia or cri)-mmoinie frlldtclloI Fletuge Ef
m
elf to rnr dPgJ@naflcn under Part IV el the Ondaria Her#age Ad.
By-lew read a First.Second and Third Time,mid Passed this 241h day of March �3
And Whereas Nolic a of Intention h3 pass a Designation By-law was gautrn in 20 21 m
acu-mUnc+with StclJon 29 0 the Or'WOHen 090 AO; �
And Whereas no Netlm o4Objectlon to the proposed dadgnatbn has been swM on The Gorrataon of the Township of Oro-lAoil*nto p
Pe Cteck of the Tuwn ft of Coro-Nlledonte; / CD
CD
^ � ;'d OL
end WhtMms this By-law Is to be reglstered In the proper Land Registry COce with
to the property desor6ed in Schadule'A'aika&m Web: Mayor,H.S-Hu hes 03
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Jund Whoton the Stalererenl of C:ultunal Heritage Value cr Interest is set out in ETacbedule`S'agached heraw; c_ O g
CWt&Yvcnrw Aubiehun
And Whereas the Description 0 HeMage ARrlbutes se+out in Srhedule'C atteched �
Frereto; J
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Sample Designation By-law (Continued)
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iv
Schedule"A„ 0.
to Sydaw Na. 2021.036 for a
The Corporation-of the Tewnship of Oro-hledonte �
c
The By-law must clearly identify Legsl Prop*rLyDpscripnion
the location of the property.
Phwsmal address: 833 Line 7 North.Ckro-Medordra.Onl,ariu_LOL 2E4 3
Legal 171gn: Oanceswn 8 South Part Let 15 Register1W Alan 51 R36 4 R is-N m
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2 and 3(OrGo-
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Roll r1k.4345-01�D 03-33000 m
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Sample Designation By-law (Continued)
Schedule"@" �
to 8y41ew tio.ZU21A35 for O
The CaaporaUatn of the To rishiP or ovo_meti pD*
CD
The Statement of Cultural Statement of Cultural Heritage Value
The properly known munlclpallyee 833 Line T North(Part Lai 13,Conoesaon 8,Oro �
Heritage Value provides a Township;Parts 2 and 3,RP51R35964yholdswKuralhadlaovalueor interest to —
lhe Township of Oro-Wdonte.
summary of why the property is RegsrdYxg hislor cal or essoctettve value,since 1888,this property has held a Q
direct association wilh the Municipalky of the Township or Om and has served as a
being designated. Public vai rlu place.Since tM9.a has healed the annual Oro Acldcultursl Society
Fair in celebrallon of the important agricultural activity in the area.Since INN,Nne p
cenotaph hes memorialized those from the Township or Oro who kxsl Lhelr IivC*In D
service to Canada.The 1968 O"oei of W4 Townahlp hall Is an example of the work. O
of local resWerlf and Carpenter Jeremloh Whybraw.The 20th cantury m clihcations of
It reviews the applicable criteria The1921cenotaphisank,andeof#west wtrarkorIFMurp#r_9 heM may be thewarkeTLlobieWo CD
Thp r921 cenotaph is an ez�npla of the work of J.F.Murplry+ar�AMe I,AartNe W orlfs. d)
sa
for determining cultural heritage Tledesignorphystal pleofpbf the allabultinruouldn the iuinthoMpm iphall otne
rep*esentaGve example of public halls built In Nrel Ordaria is the half of Vte (D
('� 191h century.when taro,the one shstey,frame stoielure with Ile F"rigular plan and O
value Or Interest (o. Reg. 9/O6). madruorpuchadgable Boof sch o lypicftudlof lls,and50111he sloe. e,andcone,nlheSyM method
used for public bWpings isCh44ltxxuse,.hells,and Borne churrdles.}_TFra symrnetrlcal �
plarc,urwt and targe dlmenske of the window openings on the north and south n
Design or physical value facades the mein sure is a odnslrUcAlon method typical of public use siruclwes (D
cQ l 1 WIN before r
the he
or arrifi od clal[gas or ekHkc)lighting.The dil� 1?
n or Lhr
m
west entrance ha,llkety In 9929,and other nlodifltatidns Is en ezpreasion of haw Ihia
l Historical or associative 1®."luctre nee adapted and evolved l.o atx =mod to mrLtlnuelg public use.The N
c0 `J.8 J.Ta*r Limded To b Canada'east nameplate about the west vault door
O has aniracLvalue_The high 1321 rWynlle aziwlrapli Uy J.F.TeXkri or oaffld lvarblc'orlra
vaI u e; and,
has a degree of Craksmsmhip an klc d adis medt.
rn Contaztualy, this propertyis physically, visually, and hisloricelly linked to its
l surroundings. The Township hall site has been in public use since 1068. The
COnteXtual VaIUe.
pgmrrluni[y has interacted with the ceciotaph since 1921 for annual Remembrance Day
Daremorlies.Thwaand okherpublic uses make the properlyAMh Ire Township hall and � '
cenotaph a Ipal landmark.
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Proud Hertlage,E-W,tt Hahne
Sample Designation By-law (Continued)
Schauute ti;' A
to By-law No_7021436 for 2v
The By-law includes a The Corporation of the Tawnshp of t}c•Mcdantm O
tterit"a Attrl9utes 7
detailed list of all the heritage The cultural hedtage value or Interest oflhe prop
erty is Pourrd in She principal hadtaga N
a�nb �ti,
°"®� a'Ma"9�"°�n'"'p hall and the 192,cenotaph. 0
attributes that are protected. '
The f lo,ing el&wntg of the 18W 9211 tovmship hall hui it it are Imponam to the
eumural heritage valuecr interest of 1hls property:
• one Storey maesinp end mctaroulaw plan of the main 1868 structure(not 0
including the easi additions) Q
Heritage attributes are ' menarn pinhad gable roof with Winvent sSyle er,d&of the main 18W �
stmctue t not irrWIng the replacement eladdinN of the roof and modified
eaves) O
defined a s: lowaon of a brick chimney at the east and of the main 1008 Struelure
• triangular Shaped,wood sign with teaenng•Ora 7888-1929`in the vtest roof
" diman
means, in relation to real plammeL C
• placement and dimenaots 4t the three,eymmetticafy plaeed window (p
openings or eaM of die nosh and soulh facades or the 1 OW main structure
property, and to the buildings fo mod ma the refilhemer,anirane frames,sashes, wills) �
• form and massing of lhowesl entrance hall,as lesser out maLCmrtg Ute main (D
I W structure{not e A Ing the eAsni r doorcase,witdow open'"$.Interior
and structures on the real stairways.floorntg ormvuldingltrlm)
• interior dooMM Inside Cho west @nWMM hall,includ rM the pair of sasemenL
dooproperty, the attributes of the Onals:ach withrtranwffl pper sactsngladng and re(pressed nwtalMoer
petals;an upper frareant area;uirtiage haradWafe IP��metal gpor Imoh Q
o and 1,12W,upparand lawarlgrking Gotta,vf+ginel hi"90);wood doorframe.
property buildings and • wood threahold BA;and moulded wood cisings(trim on all sides) pt
t 'J&J Taylor Limited Toronto Caftada'real neme"e over the door int9 the
o structures that contribute to weatvauh
w ofiottatbn d the front Facade to Lire 7 fVorth �
Tha folly wrg s/emenls of the 1921 cenotaph are impodant ho ttte eulturgt heritoge
their cultural heritage value or value or interestoilhis.pmpedy 07
interest". • the single column,1921 granite ntpnumerN resting)on a stone b9ee
• all applied and inawibed decoration,notably Lhe hrartze maple leaf in a Laurel
verasth,and oedlcstmns
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Proud Hrrtlage,Ex W,kg Hahne
Altering a Part IV Designated Property
• Section 33 of the Ontario Heritage Act. °
CD
• The Owner submits a Heritage Permit and the prescribed information to
alter a heritage designated property.
• Once the application has been deemed complete, Council has 90 days to Q
consult with the Committee and make a decision. 0
0
• Receipt of complete application must be done within 60 days of the application. o
• If Council does not make a decision within 150 days of the application submission, it is deemed E
approved. E3
m
CD
(D
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V E
O I �
W _ �
West Oro Baptist Church and Stable
1058 Bass Lake Sideroad West
Listed
q �
T.-hip
P'-d HrrilyRr,F- ukq F Wirr
Altering a Part IV Designated Property
4454 Line 5 North A notice of decision is issued. CID
°
s It may require the alteration of the Designation By-law.
• Applicant can appeal to the OLT within 30 days of
i" their Notice of Decision.
• OLT holds a hearing and makes the final decision.
e
• Council can delegate its approval authority to
staff; however, refusal remains with Council. CD
With only 3 designated properties, we have not
III nrriiiiio (� i
run Into this yet.
o
CD
N4454 Line 5 North
3-isted
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Proud He hW,,E-W,kt Fwe
Demolition of a Part IV Designated Property
0
• Section 34 of the Ontario Heritage Act. CD
• The Owner submits a Heritage Permit and the prescribed information to 0
demolish a heritage designated property.
0
• Notice of complete application has to be issued within 60 days of application
submission.
0
• Council approval is required for the demolition or removal on a Part IV Ef
CD
designated property even if the work does not affect the heritage attributes.
• Council, after consulting with the Committee, must make a decision within
90 days of the notice of complete application or within 150 days of the Q
N
application submission (if not as com Iete a ptlication).
W f —
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50 Ridge Road East
Listed
Toumehip s/ N
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P'-d HrrilyRr,F- ukq Pimirr
Demolition of a Part IV Designated Property 41
0
• Notice of the decision is sent to the owner and the
Ontario Heritage Trust 0
• If the demolition is approved, Council repeals all or
0
part of the designation By-law.
• If Council fails to meet the timelines, the demolition
- o
is deemed approved. CD
• The owner can appeal Council's decision within 30
days of the notice of their decision.
• Council cannot delegate its approval authority for Q
N demolition to staff. °Y
V -
0 Mount St. Louis Church
W 4784 Line 4 North(31
v
' Listed
v
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P'-d HrrilyRr,Ea- ukq Pimirr
Amending or Repealing a Heritage By-law (Part IV) 41
0
• Process to amend a designation By-lawCD
- (Section 30.1 )
• Process to repeal a designation By-law,
0
Council's initiative (Section 31 )
• Process to repeal a designation By-law,
t Or, E3
Owner's initiative (Section 32)
CD
+ e
• Council approval is required to amend or
repeal a Part IV designation By-law.
J
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CD
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Sacred Heart Church v
' 1804 Warminster Sideroad
Listed
Proud Hrrflage,Exckit Fiehne
Oro African Church
• Built between 1846 and 1849.
0
• Designated a National Historic Site. -
• It is one of the last existing buildings erected by a
community of African Canadians whose roots
1
were uniquely anchored in the history of the
United Empire Loyalists. It represents both the I
significant role that Black militiamen played in the - 1
defense of Upper Canada during the war of 1812 � —=
and the Upper Canada land policy.
• It is one of, if not, the oldest African log church still
o
N standing in North America.
The founding congregation ended their active use
of the church in the 1920s.
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P'-d HrrilyRr,F- ukq Pimirr
Oro African Church
• 0
By the 1940s its condition had deteriorated significantly.
CD
• In 2013, there was a nationwide fundraising campaign to save the building.
Thanks to the fundraising and other funding, the church was restored and
reopened in 2016. C1
Church is currently closed for tours.
• There is an unmarked cemetery on the property. _ °
f
CD
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CD
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Proud He hW,,E-W,kt Fw—
St. Thomas Anglican Church -
• 28 Church St. in Shanty Bay.
• Designated April 25, 2018.
CD
• The church was built from 1838-1842.
• The church was constructed with load-bearing
mud walls (clay and straw) which is extremelys Q
rate in Ontario. _ s, =h,�as C.glkh eh—h,Shanty Ray,near Rarr. O:
• Romanesque style church is characterized by
round arches and the interior displays a high -=- CD
3
degree of craftmanship. '
• Designated on April 24, 2018.
*(,' The church also has historical value as it is5
associated with the settlement of Shanty Bay and contextual value as a well-known landmark
in Oro-Medonte and a key component of the
settlement in Shanty Bay.
O
Proud HrrUW,,Ex W,kg F,,t,,,
Old Town Hall
• 833 Line 7 North (Line 7 North and 15/16 Sideroad East) t ', Y
• Designated March 24, 2021 . CD
°
• The hall was built in 1868 and modified in 1929, and the
cenotaph was erected in 1921 .
• Since 1868 the property has served as a public gathering Q
place and hosted the annual Oro Worlds Fair. The
0
community has also hosted annual Remembrance Day
ceremonies at the cenotaph.
• The murals were not listed as a heritage attributes; a `
however, the Committee requested that the murals beAt
preserved when the walls were painted.
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Heritage Conservation Districts
;v
0
• Designated under Part V of the Ontario Heritage Act.
• Municipalities can designate an area with a collective _ °'
cultural heritage value as a Heritage Conservation . ' - ,
District.
o All properties within the district are designated. ' R ?
o HCD designation is registered on title. ` ,-'
• The municipality must adopt a Heritage Conservation
District Plan that provides guidelines to manage
change to structures and landscapes in the district. 133 Robinson str*t
• Listed
A Heritage Permit is required for all exteriorro
co
alterations and removal of any heritage attributes
(HCDs exclude the interiors of buildings).
• Heritage Permits require Council approval.
• No HCDs in the Township.
P'-d HrrilyRr,F- ukq Pimirr
Heritage Easements
• Heritage Easement Agreement is a legal °
CD
agreement.
• It is entered into with the consent of the
owner and is typically associated with a Q
planning application or can be a
0
condition of receiving funding for a
restoration project or receiving a property CD
tax reduction.
• It is more comprehensive than --
designation under the OHA as the owner 53 Line 15 South
of a designated property is not required Listed v
to maintain the building or its heritage
features in good condition or rebuild in
the event of damage.
P,-d HrrilyRr,F- ukq Pimirr
Heritage Easements
0
A property can be protected by an °
4`" easement and designation but it does
not have to be designated to be
` protected by a heritage easement.
Q
I,
Property owner's obligations:
M®FIR Receive approval for any alterations to the heritage o
If
features; CD
• Obtain insurance for the structure to cover the cost E3
1171 7iiiiiiiia. 1776doo�,, r; ;;e1�g�� s� to repair or replace the heritage elements if
damaged or destroyed;
0
Maintain the structure to prevent deterioration.
�1985 Ridge Road West • Registered on title of the property.
Listed
NINE
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v
/Vll"1dYYS., O
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Bill 23 Amendments to the Ontario Heritage Act
0
Listing: CD
•A property proposed to be listed must now meet one or more of the criteria 0
outlined in O. Reg 9/06 (which was amended by O. Reg. 569/22)
-Previously, Council had to believe that the property was of cultural heritage value or interest.
-Listed properties must be removed from the register if Council gives notice of its
intention to designate but the designation is not finalized (notice withdrawn, the
CD
designation By-law is not passed within the prescribed 120 days or repealed by E
the Ontario Land Tribunal).
CD
Q
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W
W _ _
2092 Ridge Road West —�
Listed
O
P'-d HrrilyRr,Ea- ukq Pimirr
Bill 23 Amendments to the Ontario Heritage Act
CD
,TM0 Listed properties must be removed from the register if
` the property has been listed on the register for 2
years and no Notice of Intension to Designate was
0
Hobah Publir.5rhoo1 issued. �
n
-They could previously stay on the register indefinitely. °
y -No consultation is required with the Committee in this case.
-For all properties listed pre-Bill 23, 2-year timeline starts January 1, CD
2023
-For all properties listed post-Bill 23, 2 years from the date it was
— listed. o
• If a property is removed from the heritage register,
A
the municipality is prohibited from listing that property
O
Ln
again for 5 years.
4715 Line 6 North
Listed
Proud He hW,,E-W,kt Fwe
Bill 23 Amendments to the Ontario Heritage Act
A Home 0 Contact Us
-Section 27 of the p
r..s�..p�. search �
Ontario Heritage Act °'`` ` -
requires the Clerk of a
0
municipality to keep a
Oro Medonte>Community>Heritage C
n
register of properties of Heritage H=rage
Heritage Committee o
cultural heritage value Perhaps as long as 1100 years ago the area was populated by Native Indians,mainly the Hurons,who have left us
fascinating archeological sites.French explorers,missionaries and fur traders travelled the region beginning in the Historic Articles
1600s.White settlers began arriving in the 1820s.They came mainly from England,Ireland,and Scotland.In 1819 Historical Hooks tist CIDo r i rite re St• a Black Settlement was established by government decree along Line 1 of Oro-Medonte.Previously,the
G e s Penetanguishene Rd,and Line 1,then called Wilberforce St,were surveyed and cleared,mainly as a defensive Ora African Church Preservation
(D
-Effective July 1 2023 corridor to Georgian Bay during the hostilities with the U.S..
f 1 Numerous books exist describing pioneer family life.Publications written by the Oro-Medonte History Committee Items of Interest
municipalities must include:The Story of Oro,Kith'N Kin,The Hills of Oro and Otther.Landmarks,Knox Presbyterian Church,and The
Oro African Church.Other local authors who have described pioneer life include:Marion Keith,Samuel lormay, 0
Interactive Heritage Story Map (p
(0Loreen(Rice)Lucas,Mary O'Brien,Eleanore Haller,and Monty Leigh. •Register gf Heritage Listed and Q-
(D, make their municipal There have been others who have made major contributions in politics,farming,science,writing and music:Hon E. Designated Properties
W C.Drury,former premier of Ontario;writer Kenneth Wells;former speaker of the Ontario legislature,Hon.Allan •List of Cairns,Plaques.Monuments„—
0 p registers available on
McLean;Sir Sam Steele,pioneer of the RCMP;singer/composer Wishart Campbell;U.of T.philosopher Prof.Hume; cemeteries and Churches �
W former federal Minister of Citizenship and Immigration Rt.For.Ellen Fairdough,and;scientist,Ur.Murray Luck. •Memories of an Eady Resident
C11
their we b s i to. •The Ora African Methodist Epism"I
Church
•The Story of Communications in CHI
•The Story of Oro Fair
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Proud Hrrtlage,E-di,t[Fwh
Bill 23 Amendments to the Ontario Heritage Act 41
Designating: o
CD
• A property must meet 2 or more criteria listed in
p p Y
O. Reg. 9/06 (as amended by Bill 23) in order to
be designated.
� o
• Same criteria as pre-Bill 23 but listed differently.
• Previously it only had to meet 1 or more criteria. o
• If a prescribed event occurs, municipalities can
only designate a property if it is already listed on CD
E
the register.
g Sir Samuel Steele Memorial
• Since July 1 , 2021 , the Notice of Intention to Line 11 North between Mount St. Louis
Road East and Fair Valley Church Road 00
Designate can only be issued within 90 days after Listed Q
rQ
00
the prescribed event (Bill 108).
W Prescribed event: Notice of receipt of a complete Official Plan
Amendment, Zoning By-law Amendment or Draft Plan of
Subdivision application.
v
/Vll"1dYYS.,� O
P'-d HrrilyRr,Farming Pimirr
Bill 23 Amendments to the Ontario Heritage Act
0
Heritage Conservation Districts
;v
• New criteria for Heritage Conservation District Plans
• At least 25% of the properties within the defined area satisfy two or more of the criteria listed in
amended O. Reg. 9/06. Q
• New process to amend or repeal Heritage Conservation District By-laws.
D
CD
CD
N
00 —
Hexagon Concrete Silo �., .:.. Wooden Hexagon Silo
354 Line 8 South 1012 Ridge Road East
Listed Listed
Proud HrrUW,,E-W,kt F,,t,,,
Bill 23 Amendments to the Ontario Heritage Act
Other amendments: CD
• Part 111.1 sets out requirements for provincial properties (owned by the 9
Crown, Ministry or prescribed body such as Hydro One, Metrolinx. . .) and
states that they are exempt from Part IV and Part V designations. In these Q
cases, the Minister may prepare heritage standards and guidelines.
#_ C
CD
CD
id o
- Q
0- Guthrie United Church �1 Hobart Memorial Church v
ao W.P
59 Line 4 North 4590 Line 6 North �
W Listed � _ + Listed
Eb
Proud HrrUW,,E-W,kt Fw—
Cultural Heritage Landscapes
1hl� 4 Defined as: "means a defined geographical area that o
may have been modified by human activity and isCD
identified as having cultural heritage value or interest by
a community, including an Indigenous community. The
0
area may include features such as buildings, structures,
spaces, views, archaeological sites or natural elements
that are valued together for their interrelationshipcD
meaning or association. Cultural heritage landscapes
Oro Station Presbyterian Church may be properties that have been determined to have
697 Line 7 South/703 Line 7 South
Lifted cultural heritage value or interest under the Ontario
v
N Heritage Act, or have been included on federal and/or
G
international registers, and/or protected through official
ET
plan, zoning by-law, or other land use planning
Eb
mechanisms" (PPS 2020, p. 42).
Prm"J Hrrifqur,Ea itin,�Fwm
Cultural Heritage Landscapes
• Conservation of a cultural heritage landscape under the Planning Act is most
suitable for large areas where there are common historic characteristics, but
not enough for a Heritage Conservation District.
• Conservation under the Planning Act would require an amendment to the Q
official plan to include appropriate policies to preserve the features of the
cultural heritage landscape.
• None in the Township. '' '`
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Guthrie Presbyterian Church
14 Line 4 North - _ 1
Listed
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Prm"J Hrrifqur,Ea itin,�Fw—
Research
0
Research is the process of consulting records and other documents to learn the C
history of the property and any cultural associations it may have.
0
Research involves:
• Searching land records and property assessment rolls
• Reviewing sources such as census records, directories, photographs, maps,
newspapers, insurance plans, archival records, etc. °
• Understanding the overall context of a community's heritage and how the CD
property being evaluated first within this context.
0
Q
CD
N(31
N
W
1832 Ridge Road West Illllllllllllllll�lllllli➢Illllllllllllllllllllllillll III II 07
Listed
O
P,—d Hrrifqur,Ea itin,�Fw—
Researching a Property
0
Sources of information: C
• Township books 0
• Site visit (photos) — Do not go on the property without the owner's consent
• Maps (historic and current)
• Aerial photography (historic and current) F
• Surveys • CD
• Land Registry Office
• Simcoe County Achieves sa
• Census
CD
N Assessment rolls
• Goo le streetview
g 1072 Warminster Sideroad
• Online searches Listed
• Newspaper articles
E�ml '^fj/� O
M—d Hrrtlage,E-W,kt Fiehne
Site Analysis
0
Site analysis is the recording and analysis of theCD
physical characteristics of the property.
Site analysis involves: Q
• Taking photographs, measurements and
0
observations of the physical characteristics of the o
property. CD
C
2379 Old Barrie Road East E3
Listed Developing an understanding of the property's
construction, materials, architectural style, etc.
• Examining the property in detail for further
CD
N evidence of past use of cultural associations.
W
W(31
Proud He hW,,E-W,kt Fw—
Evaluation
0
Evaluation is the identification of cultural heritage valuesCD
Evaluation involves:
0
• Applying the criteria for determining cultural heritage value or interest
established in O. Reg. 9/06.
0
• Developing a statement of cultural heritage value. Ef
CD
• Identifying the attributes of the property that support the values that were
identified. `
0
CO
(31
1541 Warminster Sideroad 54 Bay Street
Listed Listed ;� v
/Vll"1dYYS., O
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Heritage Permits, Grants, Plaques and Property Standards
List of heritage related items that the Township currently
does not do:
T.
• Heritage permits
• Approval is required to make changes to designated properties (designated
under Part IV and V) to ensure that proposed changes do not adversely
impact the identified heritage attributes.
• Heritage grants
• Council may provide grants to designated property owners to assist with
the cost of alterations.
• Property tax rebates 1121 Line 3 SoLA
• Development charges exemptions Liste
• Heritage plaques
(31
z • Heritage Property Standards
°' • Prescribes minimum standards for the maintenance of the property's
heritage attributes.
• Requires that property that do no comply with the standards are repaired. —���
O
Proii!HrrilyRr,Ea-ririn,G Piniirr ,
Township Heritage Books
• The Township's heritage books are great resources for doing research on o
CD
local properties.
;v
• They are sold at:
• The Township office
• Orillia Museum of Art and History
• Oro Worlds Fair
0
• Doors Open events o
m
. Ltc� fi�t�' Wo � 3
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Proud HrrUW,,E-W,kt F,,t,,,
Ongoing Projects
1 ) Designation of the Rail Trail; o
2) Cemetery signage (Rugby, Valleyview and Moore
Private cemeteries); 0
3) Developing a Standard for Cemetery Signs;
Est. 0 4) Assess the listed properties to determine which
zMM ones meet 2 or more of the criteria listed in O.
Reg. 9/06 and prioritize the designations within
the 2-year timeframe;
5) Updating the heritage section of the Township's
website;
6) Selling the Township's heritage books;
7) Sign at the Oro African Church; and,
8) Assessing the plaques, monuments and cairns irl
need of maintenance on Township properties.
Proud He hW,,E-W,kt Fw—
Heritage Committee Member Expectations
• Attend monthly meetings (notify staff in advance if you are unavailable) o
• Review the agenda prior to the meeting
• Assist with the research of heritage properties.
• Provide staff with information for the agenda, no later than 1 week prior to
the meeting.
• Email to: cmccarroll@oro-medonte.ca o
• Note: All property photos must be taken from the road unless we obtain CD
permission from the owner to be on their property.
0
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ca t J N
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226 Stagecoach Road
Listed
Proud HrrUW,,E-W,kt Fw—
Helpful Resources
0
Ontario Heritage Toolkit C
(Outdated but still a great resource) 0
1'OUH HCIU'1'AGI3
YOUR CONNll]'IEE
Q
http://www.mtc.gov.on.ca/en/heritage/heritage_toolkit.shtml
0
Q
I 0
0
D
cD
Identify
Strengthening Ontario's Heritage: Identify, Protect, Promote. An
introductory guide to identifying, protecting and promoting the
ec
solo heritage of our communities Q
N http://www.mtc.gov.on.ca/en/publications/Strength Heritage.pdf v
o
W
Ontario Heritage Trust https://www.heritagetrust.on.ca/
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v
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Questions?
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Proud HrrUW,,E-W,kt F,,t,,,
Heritage Committee Strategic Work Plan (2019-2022)
Project/initiative Background/Detail Tasks Lead Proposed
Timeline
Heritage Evaluate properties for . Review the Municipal Heritage Heritage Ongoing
listings/designations inclusion or removal from Register Policy Committee Cr
the Township's register of . Aim to designate 4 municipal/non- and Staff n
heritage listed and private buildings
designated properties.
Add the register to Update the Township's Do an inventory of our photos of the Staff TBD
the Township's register of listed and listed and designated properties and m
website designated properties and determine which buildings require new �
make it available to the high quality photos. n
public on the Township's Include both current and original
website. photos, if available. o_
• Add the map of properties with
buildings of potential historical value to
the Township's website.
• Categorize the register into churches, m
cairns/plaques/monuments and q
residential dwellings m
Review the The Township is in the . Make a presentation to the committee Heritage Ongoing
Township's Official process of updating the providing them with a background on Committee
Plan/Zoning By-law Official Plan and Zoning the update and an explanation on the and Staff �
By-law, which will be type of feedback we are looking for. m
reviewed by the Heritage . Staff will provide the committee with
cc Committee. some examples from other N
W municipalities. o
0
Review and update Some of the information on . Add a section on the St. Thomas Heritage TBD N
°� the 'history' section the website is outdated, Anglican Church with photos. Committee o
of the Township's particularly for the Oro . Provide an explanation of how to list and Staff
website African Church. and designate properties.
• Add the register of listed and
designated properties.
0
Project/initiative Background/Detail Tasks Lead Proposed
Timeline
Public Selling the Township's . Create a social media post of the Heritage Ongoing
awareness/education heritage books on books available for sale. Committee
consignment, at the Oro . Advertise the books in the Community
World's Fair and other guide, Community Heritage Ontario,
events,such as Touch a North Simcoe Life and others. n
Truck Father's Day event at . Provide a list online of where the
Horseshoe Valley Resort. books can be purchased (three (D
locations: Township Office, County ='
Museum and Manticore Books in m
Orillia). E:
• Provide a copy of the books to the n
local schools.
• If permitted, send out an 2-
advertisement for the books in the
school newsletters.
• Reprint'Legend of the Drinking Gourd'
by Allen Fisher.
m
Review Zoning The Committee has 60 . Review the plans submitted to the Heritage Ongoing L1
Certificate/Building days to review Zoning Township. Committee m
Permit applications Certificate/Building Permit
for properties on the applications for properties v
re ister on the Township's register. =3
Doors Open Ontario Province wide public . Continue to participate with the Staff September m
v education initiative. County. 21,2019
CD • Include the Barn Quilt Trail with the N
o Doors Open event. N
o • Create a list of all the farm properties N
participating in the Barn Quilt Trail and o
make it available on the Township's
website with a photo and the history of
each farm parcel.
v
m
0'
Project/initiative Background/Detail Tasks Lead Proposed
Timeline
Education and Provide learning • Contact the Ministry of Tourism, Heritage
Training opportunities for Committee Culture and Sport for potential training. Committee
Members. • Inform the Committee Members of and Staff
potential learning opportunities.
• Organize an educational field trip for n
the Committee with Tim Crawford. v
Artifacts and archival Provide recommendations • Develop a procedure to deal with Heritage Ongoing m
documents with respect to artifacts and artifacts and archival documents that Committee ='
archival documents or are given to the Township. m
materials currently held by • Ask Simcoe County to provide us with �
the Township. a list of all the items that they have n
from the Township.
Heritage resources Provide recommendations Follow up with Operations regarding Heritage Ongoing
for the care and the update to the policies and Committee
maintenance of municipal procedures for the maintenance and =3
m
cultural or heritage care of cairns, monuments and
resources such as cairns, plaques (number of inspections, (D
monuments and plaques. annual maintenance). L1
v
• Update the list of cairns, monuments
and plaques and make it available on
the Township's website. W
• Create a map of the cairns, =3
monuments and plaques.
cc-0
• Send the list to Simcoe County so that m
m they can update their Oro-Medonte N
Cl)
list. O
w N
N
o N
w O
Cn
rn N
O
N
(D
0
4.c) Catherine McCarroll, Intermediate Planner re, Township Heritage Boo...
Verbal Matters
+� (Section 13.3 of Township's
!, Procedural By-Law No. 2015-203)
Proud Heritage,Exciting Future
Name: Catherine McCarroll
Item Number/Name: Township Heritage Books
Meeting Date: March 27, 2023
Motion No.:
Type of Meeting: ❑ Council ❑ Special Council
❑ Development Services Committee
❑ Accessibility Advisory Committee
X❑ Heritage Committee
❑ Human Resources Committee
Speaking Notes:
Last term, the Heritage Committee presented a motion to Council that all members of the
Heritage Committee (including the Chair and Co-Chair), receive a complimentary copy of the
following books:
• Kith `N Kin
• Hills of Oro
• Medonte A Township Remembered
• The Oro African Church
• The Story of Oro
I would like to discuss bringing forward a similar motion to give all new Heritage Committee
Members (including the Chair and Co-Chair) a copy of the 5 Township heritage books to assist
in their initiatives and responsibilities.
3/21/23
Page 304 of 356
4.d) Catherine McCarroll, Intermediate Planner re: 2023 Doors Open Simco...
From: Black, Brittany<Brittany.Black@simcoe.ca>
Sent: Wednesday, February 22, 2023 12:28 PM
To: Black, Brittany<Brittany.Black@simcoe.ca>
Subject: [External] 2023 Doors Open Simcoe County
This email originated from outside of Oro-Medonte's email system. Please use proper
judgment and caution when opening attachments, clicking links, or responding to this email.
Good Afternoon!
Tourism Simcoe County will once again be hosting Doors Open Simcoe County in 2023, on
Saturday, August 26 & Sunday August 27, from 10-4pm both days.
The theme this year is "Food" and I am reaching out in the hopes that you might have a heritage
committee, business/organization or event that would be interested in this program.
We are asking that all interested organizations, please complete the attached form and send
that back to me, along with 1-5 photos of their establishment. Marketing efforts start early
March, so we are hoping to hear back by Wednesday March 1, 2023.
Essentially, Doors Open is a chance for residents to discover new and interesting places in their
own backyard, and to encourage visitors to get a glimpse of what makes Simcoe County such a
special place to live, work and play. This is done by "opening" buildings, businesses and
outdoor areas which are normally not accessible to the public, or offering a special activity at an
otherwise accessible location. Admission to all sites must be free, but add-ons such as tours,
merchandise, or refreshments may offered at an additional cost, and donation boxes are also
acceptable. For more information, visit: https://www.doorsopenontario.on.ca/
What is Doors Open Ontario?
Doors Open Ontario is an annual cultural tourism initiative administered by the Ontario Heritage
Trust. The Trust works with communities and partners to open the doors, gates and courtyards
of their unique and most fascinating cultural sites to encourage Ontarians to discover the stories
inside these exceptional spaces, in communities all across the province. From historical houses
to modern marvels of construction, Doors Open Ontario showcases the buildings, natural
spaces, infrastructure and cultural landscapes that shape and define our communities.
Marketing efforts will be made by both Ontario Heritage Trust and by Tourism Simcoe County.
Selecting Properties
The range of suitable Doors Open Ontario heritage sites is varied and can help participants
expand their understanding of heritage properties. It should include sites and buildings that are,
and have been central to, the character of your community. Examples could include:
commercial buildings, places of worship, cemeteries, inns, schools, Indigenous sites, factories,
theatres, boats, gardens, museums, fire halls, railway stations, lighthouses, sports complexes,
observation towers, private galleries, civic buildings, lookouts, jails, industrial sites and private
homes. Event coordinators are also encouraged to incorporate natural heritage sites and trail
systems into their events, where possible. Remember, that admission to these properties must
be free on the day of Doors Open Simcoe County.
Please get back to me as soon as possible with your expression of interest in participating.
Page 305 of 356
4.d) Catherine McCarroll, Intermediate Planner re: 2023 Doors Open Simco...
Thank you again!
Kind Regards,
Brittany Black
Experience Development Specialist
Tourism Simcoe County
County of Simcoe, Service Simcoe Department
1110 Hwy 26, Midhurst, ON L9X 1 N6
Phone: 705-726-9300 ext 1936
Cell: 705-241-4024
brittany.black(usimcoe.ca
experience.simcoe.ca
Page 306 of 356
'00, • Springwater
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Deck & Porch Replacement - Structural Design v
4454 Line 5 North, Hillsdale, Oro-Medonte, Ontario
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APPLICATION: ISSUED FOR PERMIT DRAWINGS
January 16, 2022
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I:x RAIL L DRAWINGS TO BE READ IN CONJUNCTION WITH GENERAL NOTES AND SPECIFICATIONS. I1.MOO CONSTRUCTION SHALL CONFORM TO ONTARIO BUIWING CODE 2012,PART 9 UNLESS NOTED OTHERWISE.
a2.EDO NOT SCALE DRAWINGS.CONTRACTOR TO VERIFY ALL EXISTING CONDITIONS.CONTRACTOR TO VERIFY ALL w2. LUMBER: -UNLESS OTHERWISE NOTED TO BE SPRUCE-PINE-FIR(SPF),GRADE NOAMO.2,CONFORMING TO
LEVELS AND BIMENSIONS PROVIDED AND REQUIRED TO PERFORM THE WORK.MY DISCREPANCIES PRE TO BE CSA STANDARD 0141 W1TH A MAXIMUM MOSTLRE CONTENT OF 19%AT THE TIME OF INSTAUATION.ALL LUMBER
REPORTED TO THE ENGINEER IMMEDIATELY TO OBTAN CIARIACATON PRIOR TO COMMENCING WORK. SHALL BEM THE GRADING STAMP OF AN AGENCY APPROVED BY THE CAMADIM LUMBER STANDARDS Z
3. DESIGN LOADS PRE NOTED.THEY SHALL NOT BE EXCEEDED DURING CONSTRUCTION.UNLESS SPECIFICALLY ADMINISTRATION BOARD.
WI MY11ww�,�� E(1
DIED OTHERWISE ON THE DRAWINGS, O PROVISION S BEEN MADE IN THE DESIGN FOR CONDITIONS 3. COMPLY WITH THE REQUIREMENTS OF ONTARIO BUIWING CODE FOR SUB-FLOORING IN TABLE 9.23.14A RODF AIUnI�xWl I3T11
OCCURRING DURING CONSTRUCTION. THE CONTRACTOR IS TO PROVIDE AL NECESSARY BRACING AND SHEATHING IN TABLE 9.23.15A.AND WALL SHEATHING IN TABLE 9.23.16A. 100212215
SHORING REQUIRED FOR STRESSES AND INSTABILITY OCCURRING FROM MY CAUSE DURING CONSTRUCTION. 4. NAIS,SPIKES,AND STAPLES:-TO CSA STANDARD 8111;GALVANIZED FOR EXTERIOR WORK,OR HIGHLY HUMID
4. NO SUBSTITUTIONS.CONTRACTOR AGREES TO USE All SPECIFIED TERIALS WITHOUT SUBSTITUTION. NON AREAS AND FOR TREATED LUMBER;PLAN ELSEWHERE. NAILING OF FRAMING UNLESS OTHERWISE NOTED,SHALL
SPECIFIED MATERIALS MUST BE APPROVED PRIOR TO USE.NON SPECIFIED OR APPROVED MATERIALS WILL BE CONFORM TO TABLES 9.23.3 A.G.AND 9.23.13 A IN THE ONTARIO BUIWING CODE. _ AN 16,2023 ^
REMOVED AND REPLACED WITH SPECIFIED MATERIALS AT CONTRACTOR'S COST. 5. ROUGH HARDWARE: - BOLTS, Nu TS,WASHERS, LAGS, PINS, SCREWS,ALL TO BE HOT DIP GALVANIZED IF
CO PO Q'
5. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR CONSTRUCTION MEANS, METHODS, TECHNIOUES. EXSED TO EXTERIOR USE.
SEQUENCES,AND PROCEDURES AND FOR CD-ORDINATING THE VARIOUS PARTS OF THE WORK. 6. MOO PRESERVATINES(PRESSURE TREATED):- ERE REQUIRED TO CONFORM TO CSA STANDARD 080-M.ALL
6. TYPICAL STRUCTURAL DETAL.S ARE SHOWN ON DRAWINGS.IF DETAILS DIFFER ON OTHER DRAWINGS,THE MOST WOOD PRODUCTS BEARING ON CONCRETE OR MASONRY AT OR BELOW GRADE TO BE PRESSURE TREATED OR BE
STRINGENT SHALL GOVERN.All WORK SHALL BE CARRIED OUT IN ACCORDANCE WITH THE REQUIREMENTS OF PROTECTED WITH A MINIMUM 0.05 POLYETHYLENE VAPOUR BARRIER,ROLL ROOFING,OR APPROVED EQUIVALENT.
THE ONTARIO BUILDING CODE 2012(OBC 2012)AND THE OCCUPATIONAL HEALTH AND SAFETY ACT. 7. ALL MOO PRODUCT EXPOSED DIRECTLY TO SOIL SHALL BE PRESSURE TREATED. FOR STRUCTURAL DESIGN ONLY
7. PROVIDE ALL ACCESSORY ITEMS OR MATERIALS, SUCH AS BRACKET, CLEATS, UNDERLAYS, OVERLAYS, 8. FRAMING ANCHORS: - FRAMING ANCHORS. JOIST HANGERS. BEAM HANGERS. POST CAPS. POST ANCHORS.
CONNECTORS,FASTENERS,COVER PLATES,SEAANTS,WBRICANTS,CLEANERS,BONDING AGENTS,AND SIMILAR BACK-UP CUPS AND ANGLES,UNLESS OTHERWISE SHOWN ON THE STRUCTURAL DRAWINGS,ME ALL TO BE AS
ITEMS,WHETHER SPECIFIED OR NOT,SO THAT THE WORK IS COMPLETE AND WILL PERFORM AS REQUIRED. MANUFACTURED BY SIMPSON OR AN APPROVED EQUAL, AND SIZED APPROPRIATELY FOR THE CONNECTING
1U.CONTRACTOR SHALL CONTACT ALL LOCAL urunES AND SERVICES PRIOR TO EXCAVATION AND OBTAIN PROPER MEMBERS. An ME TO BE INSTALLED IN STRICT ACCORDANCE WITH THE MANUFACTURER'S INSTRUCTIONS AND
LOCATES. SPECIFCATONS UTILIZING NALS OR SCREWS WHERE REQUIRED.
11.OWNER/CONTRACTOR WILL BE RESPONSIBLE FOR OBTAINING BUIWING PERMITS,APPROVALS FROM LOCAL 9. SPUCES.NOTCHING.AND DRILLING THROUGH MEMBERS IS NOT PERMITTED EXCEPT AS SPECIFIED BY THESE
BUILDING AUTHORITIES PRIOR TO COMMENCING MY WORK. PLANS AND/OR AS APPROVED BY THE ENGINEER.
12.ALL STANDARDS REFERRED IN THE DRAWINGS AND SPECIFICATIONS SHALL BE THE LATEST LEGAUZED 10.MANUFACTURED LUMBER OR TIMBER PRODUCTS NOT SPECIFIED HEREIN ME TO BE APPROVED BY THE ENGINEER
VERSIONS. PRIOR TO USE.MANUFACTURED WOOD PRODUCT TO BE INSTALLED AS PER THE MANUFACTURER'S SPECIFICATIONS 12 �
REVISION:
13
.DO NOT PROCEED WITH UNCERTAINTY.CONTACT ENGINEER OF RECORD IF MY CLARIFICATION REQUIRED. AND INSTRUCTONS. 2022 ISSUED FOR REVIEW
14.SPRINGWATER ENGINEERING UMITED'S SCOPE IS LIMITED TO STRUCTURAL DESIGN OF THE DECK REPLACEMENT I UMBER,SIZE,AND LOCATON OF BRACING,BLOCKING,AND BRIDGING BETWEEN LUMBER OR TIMBER STRUCTURAL
D SLAB ON GRADE ONLY.THE SLAP ON GRADE NOT AVE FULL FROST PROTECTION,THEREFORE 1 ELEMENTS TO CONFORM TO THE REQUIREMENTS IN THE ONTARIO BUILDING CODE PART 9. 2022 ISSUED FOR PERMIT
CRACKING AND DIFFERENTIAL SETTLEMENTS CM BE EXPECTED OVER TIME. 12.MINIMUM BEARING OF MOO JOISTS TO BE MINIMUM 1.5"(30mm). 2023 ISSUED FOR PERMIT
13.MINIMUM BEARING OF WOOD BEAMS TO BE MINIMUM 3'(76mm).UN BEARING OF MOO ELEMENTS NOT SPECIFIED TO BE MINIMUM]"(76mm).1 �05 SHOWN Dry DRAWINGS ME uNFACTOREO SERVICE LSM05 Iry KN(KIPS)AND KPA(PSF)UNLESS 15.AI MMULTIPLY WOOD MEMBERS SHALL BE BUILT-UP IN ACCORDANCE WITH OBC 2012, PART 9 OR PER
ES1 NOTED OTHERWISE. MANUFACTURER'S SPECIFICATIONS AND GUIDMNES.
I8.AUL LVL BEANS SHALL MEET OR EXCEED 2.OE,3100F6.
2. GROUND SNOW LOAD SS-2.60(KPA) 17.PROVIDE SOLID BLOCKING,SQUASH BLOCKS AS REQUIRED BELOW ALL POINT LOADS TO TRANSFER DOWN TO
/3 ASSOCIATED RAN LOAD SR=0.40(KPA) FOUNDATON.
DB _D55 pringwater
5. SPECIFIED DESIGN SNOW LOAD=1.83KPA
6. ROOF DEAD LOAD-0 72KPA T Engineering Limited
7. ALLOWABLE SOIL BEARING CAPACITY=75KPA(TO BE CONFIRMED PRIOR TO COMMENCING CONSTRUCTION).
8. FLOOR LAVE LOAD=1.9KPA UNIFORMLY DISTRIBUTED LOAD INTERIOR&EXTERIOR STARS T981
S. FLOOR DEAD LOUD-0.72MA MAIN STAIRS(MIN.REQUIREMENTS)DIMENSIONS SHOWN ON SECTIONS TO RULE: TD._705.721.7228
MAX RISE:200mm(7 j")
MIN RISE: 125mm(4 a") CLIENT:
a1 OUMAKE LGOOD60F ALL EXISTING MATERIALS TO SMOOTH,DUST AND GREASE FREE SURFACES. MAX RUN:233mm(14")
2. TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE EXISTING BUIWING, REMANING FITMENTS AND MIN.RUN:254mm(10")
FURNITURE,ETC.AND SERVICES FROM GAMAGE DURING DEMOUTON WORK. MAX TREAD:}55mm(14")
3. BE RESPONSIBLE FOR MANTANING THE EXISTING BUILDING IN A WEATHER AND WATERTIGHT CONDITION AT ALL MIN.TREAD:254mm 14"
TIMES UNTIL THE COMPLLTION AND ACCEPTANCE OF THE WORK. ( )
4. ALL REARS SHALL MATCH EXISTING OUAMTY. MIN.NOSING:25mm(1")
5. CONDUCT DEMOUTION OPERATIONS CAREFULLY AND WITH DUE REGARD FOR THE SAFETY AND INTEGRITY OF MIN.HEADROOM:1.95m(6'-5")
THE EXISTING STRUCTURE.VERIFY EXISTING CONDITIONS AND DIMENSIONS AT EACH AREA OF THE EXISTING RAL.AT LANDING:1070mm(42.12") LOCATON:
STRUCTURE PRIOR TO BEGINNING WORK. RAIL AT STAIRS:
MIN,865mm(34") 4454 Line 5 North,
MAX.:1070mm(42.12")
MIN STAR WIDTH:860mm(34") Hillsdale, Oro-Medonte,
CONCRETE: MIN LANDING LENGTH: 11001m
I. ALL CONCRETE SHALL CONFORM TO THE REQUIREMENTS OF CAN/CSA-A23.1,AND BE Ontario
READY-MIX TYPE. INTERIOR/EXTERIOR HANORAL(98 J 1
2. CONCRETE SHALL BE DESIGNED, BATCHED, DELIVERED, PLACED AND CURED IN FINISHED NATURAL WOOD HANDRAIL ON WOOD OR METAL PICKETS(UNLESS OTHERWISE SHOWN)MAX. PROJECT
CONFORMANCE WITH THE REQUIREMENTS OF OBC 2012,PART 9&CAN/CSA-A23.1. 100mm(4")O.C.IF HANDRAL IS USED AGAINST AN INTERIOR WALL THE HANDRAIL SHALL BE FIRMLY
3. CONCRETE MINIMUM COMPRESSIVE STRENGTH AT 28 DAYS SHALL BE AS FOLLOWS: SECURE TO WALL STUD AS PER OBC S.B.B.
a. BASEMENT SLABS 20 MPa (4-7%AIR) HANDRAIL MAX HEIGHT:1070mm(42.12") HANDRAIL MIN.HEIGHT:865mm(34") Deck and Porch
U HANDRAIL HEIGHT MEASURED VERTICALLY FROM OUTSIDE EDGE OF STAIR NOSING.PROVIDE GUARDS AT
N b. FOOTINGS, FOUNDATION WALLS IS MPa LANDINGS.REQUIRED GUARDS REQUIRED IN ANY OTHER INTERIOR AREAS SHALL BE MIN.900mm(36").
t. EXTERIOR FLATWORK 32MPa(5-8%AIR) EXTERIOR HANDRAIL/GUARDS ARE REQUIRED WHERE STEPS HAVE MORE THAN 3 RISERS AND SHALL BE Replacement
(A 4. NO CONCRETE SHALL BE POURED WITHOUT PRIOR REVIEW BY THE ENGINEER OR MIN.goo_(36")HIGH UNLESS WHERE HEIGHT ABOVE ADJACENT SURFACES EXCEEDS 5'-11
p BUILDING INSPECTOR. EXTERIOR GUARDS SHALL BE 1070mm(42.12")HIGH. Structural Design
m 5. CONCRETE COLD WEATHER REQUIREMENTS WHEN FORECASTED AIR TEMPERATURE AT OR NO MEMBER FORMING PART OF GUARD BETWEEN 1413mm(5 1')AND 9001m(36')MOVE FLOOR
O BELOW 5'C. SURFACE SHALL FACIUTATE CLIMBING.
w 5.1 TEMPERATURE OF THE CONCRETE AT ALL SURFACES SHALL BE KEPT AT A DRAWING:
MINIMUM OF 10'C FOR 3 DAYS. GLIARDS OBC 999. General Notes
5.2 NO FROZEN MATERIAL SHALL BE USED IN CONCRETE MIX. UNLESS NOTED OTHERWISE,ALL GUARDS TO COMPLY WITH OBC SUB-SECTION 9.6.6.INCLUDING
SENTENCES 9.8.8.3.(2)"HEIGHT OF GUARDS",9.8.8.5.(1)"OPENING IN GUARDS"AND 9.8.8.6.(2)
"DESIGNED TO PREVENT CUMBING".
DRAWN BY: JA DRAWING N0:
DATE: November 25,2022
AL SCE: 3/16 =1-0 1 , 1
PROJECT/: 1976
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2 JPN 16,2023 ISSUED FOR PERMIT
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3 JPN 16,2023 ISSUED FOR PERMIT
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SB.z Middle Connection - Deck =1- `Ne sa.z To Side of Beam 4454 Line 5 North,
3 PLY 2110 SEMI Hillsdale, Oro-Medonte,
Ontario
m
PROJECT:
]PLY 2%ID UILT-UP BEAM Deck and Porch
B
8%8 TM S Replacement
0' POST NNECT]PLY 2%10
W BUILT-UP BEAM TO
OD SIDE of POST 3Z Structural Design
(p � SSi HUC 210-]Z HANGER
M
W 2"LONG SCABS DRAWING:
3 PLY BEA NWLED TO SIDE OF Details
BUILT-UP BEAM POST
%6 CONTINUOUS POST
Beames ctTo on Post- Deck End DRAWN BY: A DRAWING N0:
DB DJ SectlOn GATE: November 25,2022 S 6.2
a-I-0 Scale SCALE: 3/16 =I-0
Conni
PROJECT
STAMP:
OTiOM RAIL fS IMA
oST NO CAP J 100212215
IM JOIST AN 16.2023
OF
PP
ICKET FOR STRUCTURAL DESIGN ONLY
4-78MM(3") PLAN
NAILS
BOTTOM RAIL AXONOMETRIC
-g9X76MM(3") SCREWSMM(2) L NO: DATE: REVISION:
SCREWS PER SIDE 0 NOV 25,2022 ISSUED FOR REVIEW
PLAN AXONOMETRIC 1 NOV 30.2022 ISSUED FOR PERMIT
2 JAN 16,2023 ISSUED FOR PERMIT
f(E1NI)CAP
X38 3
2-50 MM •X2••) 4
EE NOTES 2&3 (2")NAILS
�fING OORTHE NFIRSi BOARD /
4Springwater
FRONT ELEVATION SIDE ELEVATION Engineering Limited
Exterior Connection: Infill Picket Nailed ' Ta,05.721.,]]°
B3 To Endcap-Endcap Screwed To Rail - EC-1 cua
FRONT ELEVATION SIDE ELEVATION EC SEC
-1
Guard Rail Connection: Post Screwed to Rim Joist - EB-2 NOTES
Gt I. FASTEN EACH END OF EACH PICKET TO ENDCAPS WITH
2-50 MM(2")NAILS, LGCAIIG y N:
2. FASTEN ENDCAPS TO RAILS WITH#7X5O MM(2")
EB-2 NOTE
1... DECKING IS OMITTED FROM THE PLAN VIEW AND THE AXONOMTERIC VIEW FOR CLARITY. SCREWS AT 300 MM(12")D.C. 4454 Line 5 North,
2. FASTEN 25MMX140MM(J"X6"NOMINAL)OUTER DECK BOARD TO RIM JOIST WITH 63 MM
(21")NAILS AT 300MM(12") Hillsdale, Oro-Medonte,
3. FASTEN 25MMX14DMM 0"X6"NOMINAL)OUTER DECK BOARD TO FLOOR JOIST WITH
1_63 MM(21")NAIL AT EACH JOIST. Ontario
4. M POST MAY BE POSITIONED ANYWHERE BETWEEN THE JOISTS.
5. #9 SCREWS MAY BE REPLACED BY#8 SCREWS IF THE MAXIMUM SPACING BETWEEN
POSTS IS NOT MORE THAN 1.20M(3•-11"). PROJECT:
MAXIMUM SPACING BETWEEN POSTS Deck and Porch
(p SPECIES MAXIMUM SPAN,M(RT.-IN.) Replacement
D
WO GOUCIAS FIR,LARCH,HEN FlR,SPRUCE-PINE-FlR Structural Design
O
W NORTHERN SPECIES 1.20(]'-tt") DRAWING:
COLUMN 1 2 Details
DRAWN BY: JA DRAWING N0:
DATE: November 25,2022
SCALE: 3/16 =I-0
PROJECT/: 1976
STPNP:
w1gIIWAY1ARyiiM1
INIMUM 20 GAUGE
100212215
0FRAMING ANCHOR AN 16,2023
O O -NALS AS RECOMMENDED
BY MANUFACTURER PQ�
(TYPICALLY 3.6MMX38MM) O
CORROSION RESISTANT
FRAMING ANCHOR FOR STRUCTURAL DESIGN ONLY
r7ANING
ANCHOR
RAIL
TABLE 2.1.2. NO: DATE: REVISION:
MINIMUM SIZE OF LOP➢BEARING—MENTS 0 NOV 25,2022 ISSUED FOR REVIEW
PLAN 1 NOV 30.2022 ISSUED FOR PERMIT
AXBNBMETRIC GUARD ELEMENT MUM SIZE,MM(Irv.) 2 JAN 16,2023 ISSUED FOR PERMIT
Posi %89%89 3
(4' NOMINAL) M
IL
TOP RAL 30% 9
B
(2'X.'NOMINAL) /• Springwater
BOTTOM RAL (M'%4'NON B9 x 69 INPL) Engineering Limited
PICKET/BABSTOM ]2%32 Tn 705.721.7228
(I�'%Ify'NOMINAL)
COLUMN I 2 cu—
FIGURE 2.1.2.
FRONT ELEVATION SIDE ELEVATION
<� LO 14
n Exterior Connection: Top/Bottom Rail Fastened 4454 Line 5 North,
89MM
`To post With Framing Anchors - EA-5 Hillsdale, Oro Medonte,
NOTE
I. WHERE A BOTTOM RAIL IS BEVELLED,THE MINIMUM Ontario
SIZES SHOWN IN TABBLE 2.1.2.MAY BE REDUCED TO
EA-5 NOTES ALLOW FOR A BEVEL AS DETAILED IN FIGURE 2.1.2.
1. PROVIDE SUPPORT TO BOTTOM RAIL AT INTERVALS NOT PROJECT:
MORE THAN 2.OM(6'-7")
2. THE BOTTOM RAIL MAY BE BEVELLED AS DETAILED IN Deck and Porch
FIGURE 2.1.2.
Replacement
Structural Design
0
W —ING:
Details
DRAWN BY: 11 DRAWING N0:
DATE: November 25,2022
SCALE: 3/16 =I-0 1 ,4
PROJECT/: 1976
$100.00 Fee
To�nship of
11,-d He,>[qqe,Exciting Fun— Application for Zoning Certificate
For Office Use Only
Certificate application number:
Date received: Roll number:
A. Property information
Building number, street name4454 Line 5 N Unit number Lot/con.
Municipality Postal M@CIOnt@ Postal code Plan number/other description
L0L1V0
B. Applicant Applicant is: ❑ Owner or 8 Authorized agent of owner
Last e First Coreoration or partnership
Street address Unit number Lot/con.
Municipality Postal cod Province. E-mail
Telephone number Fax Cell number
C. Owner(if different from applicant)
Last First name Corporation or partnership
Street address Unit number Lot/con.
Municipality Postal code- Province_ E-mail
Telephone number Fax Cell number
D. Purpose of application
❑ New construction ❑ Addition to an existing building d Alteration/repair ❑ Demolition
Proposed use of building Current use of building
Residential Home Residential Home
Description of proposed work
Wrap around Porch renovation, demolition of two sides, and repair to other two.
Hand cut roof, railings replaced, repair and renovation of two sides
E. Declaration of applicant
I certify that:
(print name)
1. The information contained in this application, attached plans and specifications, and other
attached documentation is true to the best of my knowledge.
2. 1 have authority to bind the corporation or partnership (if applicable).
March 19/2023
Date Signature of applicant
All alternative format of this form is available upon
5.a G^rresp^ondenoc from (community Heritage ant ario !(`I-- ) re. Fall 2022 ...
" FALL/AUTOMNE
low
news
QUARTERLY PUBLICATION OF COMMUNITY HERITAGE ONTARIO/PATRIMOINE COMMUNATAIRE DE UONTARIO
HAUNTING RUINS AND HERITAGE BUILDINGS IN COBALT
PAUL R. KING
Parks Canada designated the Cobalt Mining District
as a National Historic Site. In addition, one of the ,. .r
remaining properties is subject to an Ontario Heritage Trust
r
easement and is designated under Part IV of the Ontario
Heritage Act. Last August, I visited this Northern Ontario
e
town of Cobalt. If you are unaware of this small town with *711111
"
a current population of less than 1,S00 citizens, you might
be surprised by the heritage ruins and surviving heritage
structures. I was surprised, intrigued and haunted by what
t,
I learned while visiting the Cobalt townsite and the trails in
the surrounding area.
The mining industry in Canada is known for its boom McKinley-Darragh Mill (above) and,
and bust cycles- boom when minerals are discovered and remains of an open pit mining operation (below)
mined, and bust when the mining operations shut down.
Sometimes the cycles repeat. In 1903,silver was discovered
in the Cobalt area. The Cobalt boom made this area the
fourth largest producer of silver in the world and resulted in
this town's population rapidly growing to 10,000.The Cobalt .
bust occurred in the 1930s when most silver mines ceased -
operating. There was some renewal of operations in the :. `.
19SOs but itdid not last.What remainstodayarethe haunting
remains of the hard rock mining operations that blasted
into the bedrock, ripped apart the landscape,and dumped
tailings without any environmental concerns or stewardship
and without any consent from Indigenous people in the
area.Get that silver, no matter the consequences!
There were devastating fires in 1909 and 1977 which
destroyed much heritage but some remarkable heritage there is now a renewed interest in cobalt, an important
buildings remain. In terms of boom and bust cycles, component in the manufacture of batteries for mobile
Continued on page S.
IN THIS ISSUE
Haunting Ruins and Heritage Buildings in Cobalt 1 Ontario Heritage Act Responsibilities Assigned to a
President's Message 2 New Ministry 9
An Open Lettertothe Minister and the Response 3 Architectural Styles:Ontario Vernacular 10
Demolition Threatens Stratford's First Public Ontario Heritage Week 2022 in the Township of
Hospital 7 Springwater 11
Former Railway Line Holds Historic Distinction 8 News from the Board of Directors 11
5.a) Correspondence from Community Heritag
PRESIDENT'S MESSAGE CHOnews
During a recent municipal heritage committee
workshop, two issues were raised that all FALL/AUTO MINE 2022
committees should be aware of - preventing
demolition by neglect and providing financial C is published quarterly by
Community Heritage Ontario.
assistance to designated property owners. In Editor:Julie Driver
addition,we are seeking new members to serve on Community Heritage Ontario,
the CHO/PCO Board. 24 Con Iins Road,
Scarborough,ON M1C 1C3
416.282.2710
Preventing Demolition by Neglect infoacommunityheritaaeontario.ca
Under the Ontario Heritage Act (Sections 35.3 and 45.1), a municipal
Contributors permit further copying
council may pass a by-law to "prescribe minimum standards for the of their works only for the purposes
maintenance of the heritage attributes" and that properties which do of educating the public on heritage
I with the minimum standards "be repaired and maintained matters. Copyright remains with the
not comply y p author or creator. Credit must be
to conform with the standards".Such a by-lawwould form part of existing given to the author or creator and to
property standards by-law enacted under the Building Code Act and the source, CHOnews, on all copies
made. No work can be reprinted in any
would apply to both individually designated properties and properties published form without permission of
within Heritage Conservation Districts. The heritage standards by- the copyright holder.
law would enable municipal councils to prevent the deterioration of The content of CHOnews does not
structures on designated properties. A number of municipalities have contain nor reflect any Opinion,position,
or influence of the Board of Directors or
adopted such heritage maintenance by-laws which can be used as a the Editor.
guide to preparing a by-law for your municipality. The financial sup
port of the Ministry of
Tourism, Culture and Sport is gratefully
Financial Assistance to Owners of Designated Properties acknowledged.
Loansor grants-Sections39 and 45of the Ontario Heritage Act permits facebook.com/CH Ontario
a municipality to pass by-laws providing grants or loans to designated twitter.com/cHontario
property owners "for the whole or any part of the cost of alteration of ISSN 1201-9852
designated property" under terms established by the municipality. A
number of municipalities have such grant programs which are usually
for exterior work on a cost shared basis. -t�
Property Tax Relief - Section 365.2 of the Municipal Act permits
s
municipalities to provide municipal tax relief(between 10 to 40 percent) ,, C)
to designated property owners subject to any criteria the municipality `
may establish including the requirement to enter into a Heritage
Conservation Agreement.
CHO/PCO hopes to commission a studyof the benefits and experience
of municipalities in undertaking such financial assistance programs.
Call for New Board Members Submitted articles must be in
Many thanks to Tracy Gayda, who recently retired from the Board, Microsoft word format. Images
must be sent as ipg attachments in
for her years of service. As a result, we are looking for new members high quality resolution (300 dpi). Do
to fill this vacancy and others that are anticipated in the near future. If not embed the images in the text
you are interested in volunteering to be on the CHO/PCO Board, please of the article. Captions and credits
contact any member of the Board or the Secretary/Treasurer.We usually must be provided.
meet four times a year and each Board member serves on at least one Newspaper articles as updates
to MHC activities cannot be
committee. Most of our meetings are now conducted virtually,although used without permission of the
transportation and accommodation costs are paid when we meet in newspaper and/or the original
person. author. Text written by the MHC is
encouraged.
Wayne Morgan Articles are published in the
language they are received.
2 CH ONEWS I COMMUNITY HE RITAGEONTARIO.CA I FALL/AUTO MNE 2022 Page 334 of 356
5.a) Correspondence from Community Heritage Ontario (CHO) re- Fall 2022 ...
AN PEN LETTER TO THE MINISTER AND THE RESPONSE
w
2$shemin0minlins9Eoetl lr!,'lrt 1415;182-2714 5.-.-+1e1•c 'I4145p24S2�,'S2
gm HO - PC f} �#�44rpu�,ifnC6+ia M.i1C��C3 h.t.x[ mww�vrtmu-lit7tiee16b�en,1tnria,Ca�
11
���
�'"C�la+leur�irrylfeni � �
ii ��. }':b[i'rM[tiru��l�e3o Gd7U
July 13, 2022
Honourable Neil Lumsden
11 inister of Heritage,Tourism,Culture and Sport
61" Floor,438 UniversityAvenue
Toronto,ON M7A 1N3
Dear Mr.Minister
At the 2022 Ontario Heritage Conference hsld in Brockville in June 2022,the Conference attendees
passed the following two resolutions:
1. That the Ministry of Heritage, Tourism,Culture and Sport update an.d make publicly available
the Oratorio Heritage ToWi t as soon as possible;and
2, That the Ministry of Heritage,Tourism,Culture and Sport hold training workshops throughout
the province to educate municipal heritage committee members and municipal heritage staff on
the i mplerne ntatio n Of the amendments to the Ontario Heritage Act that carve into effect On
July 1,2021,
The first resolution deals with a publication that has proved important to both heritage committee
members and municipal staff in working with the Act. However, it needs to be updated to deal with
amendments to the Act which came into effect July 1,2021.
The second resolution seeks training sessions on the same amendments to the Act. Such training
workshops would enable participants tO interact with workshop facilitators in understanding the ways in
which the amendments are to be implemented.
Your assistance in addressing these resolutions would be greatly appreciated,
ReSpei tfully submitted
1+aa rxr n r
I
President,Community Heritage Ontario r
FALL/AUTOMNE2022I COWRTiN 1PAP(NTARIO.CA CHONEws3
Ministry of Tourism, Minist&e du Tourisme, de la
Culture and Sport Culture et du Sport
Minister Ministre
nth Floor 61� etage
43 8 University Avenue 438, avenue University Ontario
Toronto„ ON M7A 2A3 Toronto (Ontario) M7A 2A5
Tel. 415 326-9 26 Tel : 416 326-9326
391 2022-447
Mr. Wayne Morgan
President
{Community Heritage Ontario
ayne.morgan a sympatico.ca
Dear Mr_ Morgan:
Congratulations on a successful 2022 Ontario Heritage Conference. I appreciate you
sharing the conference resolutions with me_
Heritage conservation has economic„ social„ and environmental benefits for local
communities- It revitalizes older properties and historic neighbourhoods, enhances
tourism„ attracts businesses, supports local skilled jobs„ and reduces 'waste going to
landfills.
The Ontario ario Heritage Act(OHA) is the comerstone of Ontario's framework for
conserving cultural heritage resources.
understand that ministry staff provided training sessions on the 01-11A amendments in
June 2021. These sessions reached nearly 600 people across the heritage sector,
including heritage committee members. Training was also provided to municipal
heritage committees at their request.
Ministry staff are available to answer any questions relating to the OHA. If a municipal
heritage committee member or municipality has any questions about the OHA
amendments or the new regulation, they can contact Chris Lawless at
chris_lawless ontario_ca or Jim Sherratt at jim.sherratt ontaric_ca_
Thank you; again for writing to me. I hope you find this information helpful.
Sincerely,
C-P�—
Tube Honourable Neil Lumsden
Minister of Tourism„ Culture and Sport
4 CHONEWS I COMMUNITYHERITAGEONTARIO.CA I FALL/AUTOMNE 2022 Page 336 of 356
Continued from.p�gC�orrespondence from Community ear tar9p gntario (CHO) re- Fall 2022 ...
devices and electric vehicles. (Are EVs really effective in o the location of former milling and processing
fighting climate change when taking into account the plants on hillsides to allow for gravity feed;
origin of EV components? I do not know the answer-I just o surviving vestiges, including right-of-way,
pose the question.) raised bed, rock cuts,and station related to the
former Kerr Lake streetcar line;
o surviving in-situ mining-related machinery in
_ its materials, form and location;
o the unplanned, frontier character of the pre-
7930 townsite of Cobalt with its commercial
buildings clustered near the railway station at
t.;
the intersection of Prospect and Silver streets,
its residential area with its mix of housing types
'y ranging along narrow streets and laneways,
and its three former mine sites;
o the location and route of the Timiskaming and
Northern Ontario Railway line;
r c o the distinctive mining architecture, notably the
form and timber-frame, wood and corrugated
r
sheet-metal materials of the rockhouses,
.., headframes, and support buildings;
o the pre-7930 corn mercial and financial buildings
in their location,form and materials,notably the
poured-in-place concrete three-storey former
Ruins of a hoist from the Cobalt Lake Mine& Hellens Mill Royal Exchange Building, the prefabricated
form and materials of the former Imperial Bank
The Directory of Federal Heritage Designations portion of Canada building (now Township of Coleman
of Parks Canada's website describes the importance of Office), and the T&NO Railway Station;
the Cobalt Mining District as follows: (i) it is a rare cultural
landscape consisting of vestiges and buildings associated
with the evolution of hard rock mining in Canada,and (ii) it 1
reflects an important period of hard rock mining in Canada,
between 1903 and the late 1920s, that established a more
secure investment environment for mining speculation and
created financial capital for large-scale Canadian mining
development in the first half of the 20th century' Some of
the character-defining elements are:
o the geological setting with its numerous '
veins of native silver located amid a rolling
topography of the glaciated Canadian Shield
with its abundant lakes; ti)
o the principal mine and milling sites from the
pre-1930 era, including some nine headframes,
capped mine shafts with shaft houses, open
cuts,adits,tailings,waste rock piles,roads,trails,
vestiges ofcompressed air pipelines,systematic
trenching, deforestation, overburden removal,
and footing of aerial tramways, four lake beds
partly filled with tailings and the completely
Cobalt headframe
1 httpsWwww.pc.ac.ca/amps/dfhd/pace_nhs_ena.a sox?i=73665&id=1975 FALL/AUTOMNE 2022 I cPm'l2pp lI p7RIT((AA�E�(§§A RIO.cA I CH ON Ews rJ
0 the pre-193P;ree]side9 eeSrf"tFieir-IoCaC@nf om Com
and materials, including two mine managers'
and four miners' houses in town and houses
at mine sites including the O'Brien Mine
Manager's House and three houses at Kerr
Lake;and
0 the underground mining works, notably the
network of excavations under the district in the 1 ►.�r
distribution, form and materials.z -
I include a number of photos that I took in August. 1 am
particularly enamored with the Cobalt railway station, ,;:
which bythe way,is currently for sale.The description ofthis Y
station on the Canada's Historic Placeswebsite,includesthe Timiskaming & Northern Ontario Railway Station (c.1905)
following: eaves with heavy timber braces. Indicative of its
The Timiskaming and Northern Ontario Railway(T original function,numerous doorways for passenger
&. N.C.) station is one of the finest railway stations flow and freight and baggage handling punctuate
In Northern Ontario. Designed in the Edwardian the building.'
Classical style by Toronto architect, John M. Lyle
(7872-1945)and constructed of red brick with a slate This T.&N.O.Station is subject to an Ontario Heritage Trust
roof and stone detailing, the quality of the Cobalt conservation easement and the property is designated by
station contrasted sharply with most of the other the Town of Cobalt under Part IV ofthe Ontario Heritage Act.
modest, wood-frame, T and N.O. depots. Inspired Do not under-estimate what you can learn from unique
by the great halls of English domestic architecture, attractions in Ontario. I highly recommend visiting the
the structure's interior features a lofty waiting room Cobalt Mining District.
with a timber-truss roof and clerestory windows.
The exterior features distinctively curved gables, Paul R. King is a past board member of CHO/RCO.
characteristic of English Renaissance architecture, Photography by P.R. King.
with round headed windows,combined with typical
railway architectural features such as broad, flared
2 httpsWwww.pc.ac.ca/apes/dfhd/pace_nhs_ena.aspx?i-73665&id-1975
3 httpsWwww.hlstoricplaces.ca/en/rep-rea/pl ace-Ileu.aspx?1d=10423&pid-0
BOOK YOUR WORKSHOP FOR 2023
Topics include.-
Orientation for New MHC Members
Property Evaluation for Heritage Designation
Or request a custom session based on your needs
Virtual workshops via Zoom, or in-person
Flexible schedule and can be open to neighbouring MHCs
Virtual workshops include a video recording of the session
Contact us for booking
�= N
Ginette Guy Mayer, Program Officer
ginetteguy@communityheritageontario.ca
lay
www.communityheritageontario.ca
6 CHONEWS I COMM UNITYHERITAGEONTARIO.CA FALL/AUTOMNE 2022 Page 338 of 356
5.a) Correspondence from Community Heritage Ontario (CHO) re: Fall 2022 ...
DEMOLITION THREATENS STRATFORD'S FIRST PUBLIC HOSPITAL
HOWARD SHUBERT
Anew group - SAVE AVON CREST! - was formed in Its architect, George F. Durand (1850-1889), also designed:
Stratford in July2022to protect Stratford's first public the old Pumphouse (1883, now Gallery Stratford),the Perth
hospital from demolition. The Huron Perth Healthcare County Court House (1887),and the Jail (1886).
Alliance intends to demolish the building in Spring 2023. Avon Crest was constructed as part of a larger push across
Avon Crest (1891) is located at 86 & 90 John Street South. the country in the 19th century to build lay general hospitals
SAVE AVON CREST! believes the building can and should in Canada's growing cities,often sited at some distance from
be repurposed and redeveloped,to protect its heritage and the city centre, for the protection of both the patients and
to avoid economic and environmental waste. SAVE AVON the healthy population.According to Annemarie Adams:
CREST! was formed when Stratford City Council ignored From roughly the Crimean War to World War 1,
a Heritage Stratford proposal to designate the 130-year- hospitals looked like other reform institutions that
old landmark and brushed aside their own staff, who also featured big, open wards. This is the hospital of
recommended that the building be designated under Part Florence Nightingale, where 30-somepatients lay In
IV,Section 29 of the Ontario Heritage Act. parallel rows of narrow beds. Ventilation, ventilation
In 1887 Mayor J.C. MacGregor urged the establishment and ventilation were the three main planning
deas driving the form of this largely philanthropic
of a hospital in Stratford. Citing the increasing number of Institution, often called the pavilion plan because
industrial accidents, he recalled sending an injured man the buildings were surrounded by fresh air.z
to jail, the only place then available for the purpose. A
Stratford's first public hospital commemorates the
determined group of women responded,organizing a public
contributions of health professionals over the past 130 years
meeting in November 1888,which resulted in the creation
and is one ofonlya handful ofsurvivingl9th-century hospital
of the City of Stratford General Hospital Trust. Within a
buildings in Canada. When it opened in May 1891, Stratford
month over $7,000 had been raised, enough to construct
Hospital was a symbol of progress in science and technology,
a wing and tower of what would be a building capable of
one that represented Stratfordites' belief in the welfare of all
expansion. But there was no need for such half-measures.
its citizens.Today it is a repository of personal memory and
According to Nancy Z. Tausky and Lynn D. DiStefano, "So
collective social meaning,a place intimately associated with
efficient were the money-raising efforts, complete with
birth,illness and death within the community.
bazaars and amateur theatricals, that the $13,361 structure
Unnecessarily demolishing Avon Crest is irresponsible,
opened debt-free in 1891."1 Stratford citizens contributed 75%
both economically and environmentally. Architects,
of those construction costs and the city council granted the
environmentalists and governments now recognize
five acres of land upon which the building now stands.
the damaging impact of needless demolition. We now
understand that demolishing an existing building, with
r, its footprint of embodied carbon, is a staggering act of
11 el1 �.. conspicuous consumption. "The greenest building is
-`� one that is already built;' says Carl Elefante of the Climate
Heritage Network (https://climateheritage.org/). Mark
Thompson Brandt of MTBA Associates in Ottawa says,
"Heritage conservation is environmental conservation.
They're one and the same thing."
SAVE AVON CREST!is planning to commission a feasibility
study to fully explore realizable options for a repurposed
Avon Crest.One proposal thatwewill be actively considering
Avon Crest involves working with United Way-Perth Huron who want
Designed in the High Victorian Queen Anne Style, the to build housing for the approximately170 homeless people
yellow-brick, symmetrical building presents a picturesque in our region.
appearance on John Street and an imposing sight when To learn more about Avon Crest and efforts to preserve it,
go to https://saveavoncrest.ca/.
viewed from the T. J. Dolan parkland below. Avon Crest is Howard Shubert is a member of the group Save Avon
among Stratford's most important architectural landmarks. Crest!
1 Tausky,Nancy Z.and Lynn D.DiStefano.Victorian Architecture in London and Southwestern Ontario:Symbols ofAspiration(Toronto,University of Toronto Press,1986).
2 Annmarie Adams."Canadian hospital architecture:howwegot here;'CMAJ March15,2016188(S).(httos//www.cmai.ca/content/188/S/370).
2022 1 COMI�I�IVIT�FVl0r7utt§§ARIO.CA I CHIONEws 7
5.a) Correspondence from Community Heritage Ontario (CHO) re- Fall 2022 ...
FORMER RAILWAY LINE HOLDS HISTORIC DISTINCTION
C.SCOTT HOLLAND
Lke other small Ontario communities during the north,at Comber.Surprisingly, both those board and batten
1800s, Leamington was an isolated town until railways structures still exist today although there is no railway line
began connecting the province and the country. Its first connecting the two.
railway line had the distinction of receiving a federal grant Eventuallythe railwaywould servethe H.J.Heinz Company
without meeting the required criteria,which was to connect and whisk passengers to the splendor of Seacliff Park near
adjoining counties. the town's Lake Erie shoreline. During its first SO-year span
This unique story surrounding Sir John A. MacDonald's it served the region delivering mail,freight and passengers,
railway plan, occurred in 1885, when Essex-South MP and formed a connection tothe east and westvia the Grand
Lewis Wigle petitioned the Prime Minister and parliament Trunk Railway.
for funds to build a railway line. At the time, the federal
government offered grants to adjoining counties to build
railway lines between them so that eventually the entire
F
country would be connected.
The Prime Minister was aware of Essex-South's long `'
growing season and that with such a grant, agricultural
products from the region would be more readily available. -- P
But Wigle's proposed line did not inter-connect Essex with 4
its neighbour Kent County. Despite this, a grant of $3,200
per mile was given to the Essex South riding to cover the 11
approximatel4-mile railway.
The Leamington and Lake St. Clair Railway (later owned
by the Michigan Central Railrway, New York and Penn
Central Railways,and CN Railway) had been conceived and A view of the station which sat just to the east of Lewis
was ready for construction in the early1870s but lacked the Wigle's home which he donated to be used as a high
necessary funds. In 1877, the Ontario Legislature gave the school in 1895.This photo was taken circa the 1960s.
railway company its charter but everything remained on At its peak during WW1,over100,000 passengers traveled
hold until 1884, when its plans were revived. Petition for a on it yearly. By the late 1930s its sole purpose was delivering
government grant was considered but never given in both freight to and from Leamington. It remained a primary
1884 and 1885. carrier of materials and products for and by Heinz until 1990.
The Federal government had stalled on its promise to Leamington's MCP station's unusual history like its current,
render a subsidy for two years after it was first debated-, deteriorating condition,is fading.Over125years have passed
MP Lewis Wigle revisited the issue during the 4th Session since its opening glory but its future as a stopping point
of the 5th Parliament (Apr. 20 to June 2, 1886). The Prime along Leamington's trailway (the former railway line) is in
Minister conceded the rail line would be valuable for Essex- jeopardy. Its history is an important part of our heritage and
South and the country, after MP Wigle had pleaded that future generations should merit a glimpse at how things
"everything is arranged to commence within a weekto build
a railroad from Leamington North to the Canada Southern
(and connect to) the Grand Trunk."The grant was approved
during a Parliamentary session in 1886.
Starting in April 1887,work began on the new line.It wouldw
run as far as Comber and not connect with the neighboring
county of Kent,contrary to the government's guidelines for
giving such capital.It became the only railway line to secure
federal funds ($50,000) for a venture which cost$75,000 in
tota I. _
Thefoundationsfor Lea mington'sfirst railway station were
started in October 1886 and on June 3, 1887, the line's first
iron tracks were laid.The line opened on September 9,1887, The backside (south side) of the station as seen in the
with terminals in place at both Leamington and 15 miles 1940s.
8 CHONEWS I COMMUNITYHERITAGEONTARIO.CA I FALL/AUTOMNE 2022 Page 340 of 356
unityr Heritage Ontario (CHO) re: Fall 2022 ...
wer over a century ago.
The site has deteriorated but does hold a Heritage
designation. It has been owned by the town since 2000
with the Leamington and Mersea Historical Society being its
3 caretakers, 'to oversee any possible renovations.' However,
the Society itself does not have the funds to start such a
project and despite past urgings for the community to help
s save the landmark,interest and funds are lacking.
If one wishes to help in any way with the project the
Leamington and Mersea Historical Society can be reached
at Ieammerseahsagmail.com.
C. Scott Holland is a freelance writer who serves on
Leamington's MCR station as it looked in 1996 when it Leamington's Heritage Committee. Images courtesy of
was shuttered and closed.A fire would destroy the ticket the C. Scott Holland Collection.
booth which jutted out on its west side a few years later.
rddl
ONTARIO HERITAGE ACT RESPONSIBILITIES
ASSIGNED TO A NEW MINISTRY
Please note that effective October 17, 2022, units responsible for cultural
heritage matters have been transferred from the Ministry of Tourism, Culture
and Sport (MTCS) to the Ministry of Citizenship and Multiculturalism (MCM).
Responsibility for the Ontario Heritage Act and associated matters is now held
by MCM under minister Michael Ford. Responsibility for museums, libraries and
arts will remain with the Minister of Tourism, Culture and Sport.
CHO/PCO looks forward to having more detailed information about the
changeover for the winter edition. Meantime, we are assured that Individual
staff roles and contact information remain unchanged so if needs be, MHCs
should continue to contact Jim Sherratt or Chris Lawless for guidance or
support on matters related to the OHA.
You can reach Jim Sherratt by phone: 519-955-0734 or
by email:jim.sherratt(aontario.ca
You can reach Chris Lawless by phone: 437-243-2539 or
by email: chris.lawless(aontario.ca
CHO/PCO MISSION STATEMENT BOARD MEETINGS
To encourage the development of municipally CHO/PCO Board of Directors meetings are
appointed heritage advisory committees and open to any MHC member. Meetings will
to further the identification, preservation, be held virtually until further notice. Please
interpretation, and wise use of community contact the Corporate Secretary if you wish to
heritage locally, provincially, and nationally. attend.
FALL/AUTOMNE 2022 1 cOM1�I� TV E11-R §PARIO.cA I CHONEWS 9
5.a) Correspondence from Community Heritage Ontario (CHO) re- Fall 2022 ...
ARCHITECTURAL STYLES: ONTARIO VERNACULAR
GEORGE DUNCAN
Does your community have any one-of-a-kind with a business that lasted from 1882 to 1931. The Mason
heritage buildings? A local landmark with a drug store still stands at 114 Main Street North. The family
unique design? Toronto has the flat-iron building, so evidently prospered, which allowed them to expand and
often featured in photographs of the city. The village improve their residence in the highly decorative style of
of Sharon, in East Gwillimbury, has the Temple of the building that was in vogue during the last quarter of the
Children of Peace, which looks like a wedding cake. nineteenth century. Locally, in the 1880s a number of large,
Hamilton has stately Dundurn Castle perched on two-storey houses were built in brick for the business elite
its "mountain." Some one-of-a-kind buildings were of the village. These impressive houses were designed in
designed and built at one time, and others evolved into the Queen Anne Revival style, with irregular plans, large
what they are over time. Some are strikingly beautiful; windows with leaded glass transom lights, and exuberant
some are exceptionally well crafted; some are simply wood decoration in their gables. The Mason family raised
odd.All are noteworthy. the one storey dwelling to two storeys circa 1885.They kept
In Markham,we have the Miller-Mason house at 180 Main the block-like plan outline of the original building but added
Street North as a one-of-a-kind heritage building. It began architectural details of the Queen Anne Revival style as seen
as a one storey brick residence in the northern section of in the new houses of the most successful business owners
Markham Village, built for one John Miller about 1855. We that were their neighbours.
don't know much about John Miller, but the building he A latergeneration ofthe Mason familyadded an Edwardian
was responsible for creating represents an enduring legacy. Classical verandah in the early twentieth century. It is fairly
From 1862 to 1872,this was the home and office of Dr.John typical in its design with heavy Tuscan columns resting on
McCausland,one of several doctors to serve the community brick pedestals, but unusual for a second-storey sunroom
in the nineteenth century. The house must have been capped with a closed gable containing a nineteenth
adequate for Dr. McCausland's needs because it did not century style Gothic Revival window.The massive columns
change from its simple,symmetrical form during his period of the main floor verandah extended to support the roof
of ownership.A classic Greek Revival doorcase with a one- of the sunroom. Was the gable an earlier feature that was
panelled doorwas the most impressive feature of its earliest brought forward from the main roofline of the house when
phase. the sunroom was created? It seems somehow out-of-place.
It is interesting that each period of development of the
, i
Miller-Mason House can be read in its architectural features.
w For decades,the brickworkwas painted over,disguising the
difference in the brickwork between the first and second
!t:. storeys. When the paint was removed a few years ago,the
colour difference became evident, and the owner at the
time had the brick tinted to create a harmonious effect.
In terms of style, for those who enjoy classifying heritage
r
buildings in this way,the Miller-Mason House,with all of its
idiosyncrasies, presents a challenge.As it stands today, it is
difficult to label this house anything but Ontario Vernacular,
given its mix of stylistic features.One-of-a-kind.
George Duncan is a former Senior Heritage Planner with
the City of Markham.
The Miller-Mason House, in the Markham Village Heritage
Conservation District, is an architectural oddity that defies y
being assigned to any specific stylistic category. (2021) rr
The next owner was William Mason, who purchased the mi 6
property from Dr. McCausland in 1872. His son, Reuben +ama
Arthur Mason, became a successful druggist in the village,
10 CHONEWS I COMMUNITYHERITAGEONTARIO.CA I FALL/AUTOMNE 2022 Page 342 of 356
5.a) Correspondence from Community Heritage Ontario (CHO) re- Fall 2022 ...
ONTARIO HERITAGE WEEK 2022 IN THE TOWNSHIP OF SPRINGWATER
JENNIFER MARSHALL
In celebration of Ontario Heritage Week,the Township
of Springwater's Heritage Advisory Committee
presented a virtual tour of several local heritage
properties. The series, named "Heritage at Home", was
intended to help the Springwater community learn
more about its history as well as the Township's process
for heritage designation.
Staff reached out to the owners of designated heritage
properties to pitch the idea. Interested participants were r�E }
given a series of questions about their home in advance,and staff met with the homeowners on-site to take photos _I
and record video interviews. Homeowners were required
to sign a release form giving the Township permission to
post the photos/videos and information regarding their Martingrove House
propertyto a special platform created on the municipality's
website. If uncomfortable on video, homeowners were
given the option to provide a written submission instead. _
Asocial media campaign with daily posts was conducted {
during Ontario Heritage Week to promote the Heritage '"
at Home (https://springwater.ca) platform. The series was ~?
well received by the public,with over 800 virtual visitors,a
great deal of engagement, and many positive comments. '
The webpage was one of the top five most visited pages
in February.
Jennifer Marshall, AMP, is the Deputy Clerk for the = -
Township ofSpringwater.
ADVERTISE IN CHOneWS
Reach a province-wide readership composed of Municipal Heritage Committee members, heritage societies,
municipal officials,and heritage-conscious individuals!
Full Page $300 Third Page $100 One Sixth Page $50
Half Page $150 Quarter Page $75 Business Card $25
Cost is per issue. CLASSIFIED ADS are$12.00 per column inch.DISPLAY ADS must be supplied in camera-ready tiff or pdf
format. Location of ads is at the discretion of the Editor.
Contact Rick Schofield at 416.282.2710 or schofield(cocommunityheritaaeontario.ca
NEWS FROM THE BOARD OF DIRECTORS
RICK SCHOFIELD
The Board of Directors met in Scarborough on Sunday, reported on his workshop presentation in Tiny Township,
September 25th to discuss the regular business correspondence to the Minister of Tourism, Culture and
of the Corporation. Following approval of the minutes Sport regarding updating the Heritage Tool Kit, as well
of the previous meeting, the President, Wayne Morgan, Ministry workshops fora(MHCss.Q. H((e also mentioned issues
FALL/AUTOM NE 2022 1CO�Ml�NIT E ITLCG I�TARIO.CA1CHONEWS11
5.a) Correspondence from Community Heritage Ontario (CHO) re: Fall 2022 ...
establishing a MHC in Lanark Highlands. Wayne notified were relaxed.The committee is also looking into the costs
the Board that having served as President for the past eight related to video taping selected sessions.
years,he would not be standing for re-election following the The Board has initiated a property insurance study relating
London Conference but will remain active on the Board. to heritage properties but there is much detail still to be
The Executive Secretary/Treasurer reported diffculty in worked out,as property owners' rights and privacy must be
establishing renewal communications with several MHC a priority.
who were not active during the pandemic. With renewals The Nominating Committee is looking to fill a vacancy
slowto come in but expenses continuing,CHO/PCO isfacing as a result of the retirement of Tracy Gayda. Four members
a higher than usual deficit which will need to be addressed elected at the AGM in Brockville have one year remaining
toward the end of the year. and the Board would be interested in hearing from anyone
Ginette Guy Mayer, who is chairing the Conference wanting to volunteer for the term running from June 2023
Committee until the end of the upcoming London to June 2025.The Board meets four times annually, one in-
conference, advised the Board that everything is moving person meeting in Scarborough and three Zoom meetings
smoothly for 2023 and she is now looking for a municipality during the rest of the year.
to stepforward to host in 2024.The recent conference closed Rick Schofield is the Corporate Secretary/Treasurer of
with a small surplus thanks to the support of the many CHO/RCO.
attendees who came out so soon after pandemic mandates
2022-2023 BOARD OF DIRECTORS
EXECUTIVE COMMITTEE DIRECTORS
President
Wayne Morgan Matthew Gregor
Sutton West 905.722.5398 Scarborough 647.204.7719
wavnemoraan(o)communityheritageontario.ca matthewgregor&communityheritageontario.ca
Vice-Presidents Nancy Matthews
Ginette Guy Mayer Grey Highlands 519.924.3165
Cornwall 514.207.6675 nancvmatthews(dcommunitvheritaaeontario.ca
ginetteguuvacommunityheritageontario.ca
Regan Hutcheson Wes Kinghorn
Markham 905.477.7000 Ext.2080 London 519.858.1900
reaanhutcheson&communityheritageontario.ca weskinghornEDcommunityheritageontario.ca
Chair of Finance Corporate Secretary/Treasurer
Terry Fegarty Rick Schofield
Tay 705.538.1585 Scarborough 416.282.2710
terryfegartyaa communityheritageontario.ca schofieldCdcommunitvheritacieontario.ca
Program Officer Ginette Guy Mayer
DISCLAIMER ARTICLE DEADLINES
The content of CHOnews does not contain nor
JAN UARY 10
reflect any opinion, position, or influence of the CHO/ MARCH 10
PCO Board of Directors or the Editor of CHOnews. DUNE 10
Submissions received for publication in CHOnews OCTOBER 10
are changed only for the purposes of legibility and
accuracy to the extent that can be readily determined. Article submissions are always welcome.
12 CHONEWS I COMMUNITYHERITAGEONTARIO.CA I FALL/AUTOMNE 2022 Page 344 of 356
5.a) Correspondence from Community Heritage Ontario ECHO) re, Fall 2022 ...
- WINTER/RIVER
/ ,s {( � '
_ � 5
7�. CHOn
QUARTERLY PUBLIC TOFVPJNITY H T?,' ONTARIO/PATRIMOINE COMMUNATAIRE.DE UONTARIO
-
A CELEBRATION OF BLACK HERITAGE DURING BLACK HISTORY MONTH
TERRY FEGARTYAND NANCY MATTHEWS
As we celebrate Black History Month in Ontario, permission. Other forms of personal rebellion included
we are reminded of the incredible influence that feigned illnessor injuryorfiling legal challenges against their
people of African descent have left — and continue to ownersto fight against their slave status and poortreatment.
leave—on the cultural fabric of our country.Their early On both sides of the border,young Black men enlisted with
history and important legacy can still be seen and felt British forces, eventually being liberated in exchange for
in many Ontario communities. their service.The most profound protest was running away
in pursuit of liberty,often using the Underground Railroad.
Slavery in Early Canada Since then, Black resistance continues to demand equal
Many Canadians are unaware that Indigenous and African treatment and an end to systemic racism.
people were enslaved in the many territories now known as
Canada from as early as the 1600s. Later, many Blacks came
to Canada as"property" of American Loyalists arriving after
the American Revolutionary War. By the 1790s, there were
about 2,S00 enslaved Black people in the Maritimes,300 in „ - - — = g, Lk
Lower Canada (Quebec), and S00 to 700 in Upper Canada urn
(Ontario).
„^ „nr,• .r kit. ;:,
In 1793, Upper Canada became one of the first colonies in
the British Empire to introduce a statute that imposed limits
HOUT¢6 oT TIIC ° ° U R 4 �� �% w«• -
on, but did not abolish, African enslavement. In 1834, all U]RAILROAD
RAILRRiILIiO.ID
tlUo.ltlos —'� � g U L
slavery was finally abolished throughoutthe British Empire, �•;-•�o;.a.` „� - „� s E ,.oRT °^
which freed almost one million people worldwide. Asa
Routes of the Underground Railroad
result, Upper Canada became a preferred destination for
American Black people seeking freedom from slavery and
oppression, and many settlements became an important The Underground Railroad
base for the abolitionist movement. Between 1800 and 186S, and particularly after 18SO
"Black Resistance" is the 2023 theme for Black History when slavecatchers were operating in the Northern States,
month.Over manyyears,Black people resisted enslavement approximately 30,000 Black people came to Upper Canada
in different ways. Some enslaved Blacks, mainly women, via the Underground Railroad,the network of secret routes
left their owner's property for short periods of time without and safe houses used by enslaved Africans with the support
Continued on page 3.
IN THIS ISSUE
A Celebration of Black Heritage during Black History 2023 Ontario Heritage Conference 7
Month 1 Sheffield Black History Museum 8
President's Message 2 Toronto's Campbell House turns 200 10
Oro African Methodist Episcopal Church 3 News from the Board of Directors 11
The Buxton National Historic Site and Museum S
5.a) Correspondence from Community Heritag .
PRESIDENT'S MESSAGE CHOnews
The provincial government gave us an unwelcome
Christmas present in the form of further WINTER/HIVER 2023
amendments to the Ontario Heritage Act (OHA)
and associated regulations thatwill affect municipal C is published quarterly by
Community Heritage Ontario.
heritage committee operations and municipal Editor:Julie Driver
council efforts to conserve heritage resources. Community Heritage Ontario,
The changes, which were made supposedly to 24 Con Iins Road,
increase the supply and affordability of housing, Scarborough,ON M1C 1C3
416.282.2710
are effective January 1, 2023. Some of the more info@communityheritageontario.ca
dramatic changes are discussed below.
Contributors permit further copying
of their works only for the purposes
Time Limit on Listing Heritage Properties of educating the public on heritage
Listingof properties will have a two-year time limit after which the will matters. Copyright remains with the
p p y y author or creator. Credit must be
cease to be listed and cannot be listed again for five years. Given this given to the author or creator and to
change, I suggest that municipal heritage committees should review the source, CHOnews, on all copies
made. No work can be reprinted in any
all listed properties and identify those which Council should express its published form without permission of
intent to designate within the next two years. Priority could be given to the copyright holder.
properties of greatest community significance and/or which might be The content of CHOnews does not
under threat of redevelopment or demolition. It is suggested that those contain nor reflect any opinion,position,
or influence of the Board of Directors or
listed properties that will be removed from listing after two years, but the Editor.
have not been designated, be added to a council recognized Heritage The financial support of the Ministry of
Inventory. While such an Inventory would not enable Council to delay Tourism, Culture and sport is gratefully
demolition applications, it would give notice that the properties have acknowledged.
potential cultural heritage value. Reference to the Heritage Inventory O facebook.com/CHOntario
in municipal planning policy could bolster the value of the Inventory. Q twitter.com/CHOntario
Further, properties may be designated at any time including within the ISSN1201-9852
five years after having been delisted.
Criteria for DesignationkJ� -
While the three groupings of nine heritage value criteria of regulation
9/06 have not changed, only been renumbered, effective from January
1, 2023, properties listed must meet one of the criteria, while properties
designated (Part IV of the OHA) must meet any two of the criteria. Further, ���
for new heritage conservation districts (Part V), 25% of the properties of
new districts must meet any two of the criteria. The wording of the last
three criteria dealing with contextual values has been changed slightlyr
for districts to make them relevant to district designation.
Submitted articles must be in
While it is my opinion that these amendmentswill not have a noticeable Microsoft word format. Images
impact on the provincial housing supply or affordability,they will increase must be sent as.jpg attachments in
the workloads of municipal heritage committees and municipal staff. high quality resolution (300 dpi). Do
not embed the images in the text
Let's move forward to meet this challenge in our efforts to conserve our of the article. Captions and credits
community's heritage resources. must be provided.
Newspaper articles as updates
to MHC activities cannot be
used without permission of the
Wayne Morgan newspaper and/or the original
author. Text written by the MHC is
encouraged.
Articles are published in the
language they are received.
2 CH ONEWS I COMMUNITY HE RITAGEONTARIO.CA I WINTER/HIVE R2023
Continued fr5m2p g oFrrespondence from Commt rn SoencTeP1p?at�r�loo� H��ctreFale202g0..
of abolitionists to escape into free American states and known Underground Railroad sites in Ontario. In this issue,
Canada.A great many of these refugees only arrived safely articles about the 1819 Black Loyalist settlement in Oro and
due to the heroic efforts of "conductors", among them, about the 1849 planned refugee settlement in Chatham-
celebrated Black Resistance icons like Josiah Henson and Kent at Buxton, both highlight the living conditions of early
Harriet Tubman. Black settlements in Ontario,as do the many displays at the
Upon arriving,many refugeesfrom slaverysettled in towns Sheffield Museum inThornbury.
close to convenient border crossings into southwest Ontario, Nancy Matthews and Terry Fegarty are board members
such as Amherstburg, Chatham, London, Woolwich, and ofCHO/PCO.
Windsor. Others made their home further inland, to Oro,
ORO AFRICAN METHODIST EPISCOPAL CHURCH
ANDRIA LEIGH
When the Oro African Church was built in the
1840s, the logs were visible on the exterior and
interior. About a decade later, the exterior was covered
with clapboard to protect the logs and block the wind and
cold. By the end of the 19th century, two west windows
and the wainscot were added, and the pulpit was likely
reconstructed. The founding congregation ended their
active use of the church in the 1920s. By the 1940s,
the church had decayed to such an extent that local
x
residents and some descendants were concerned thatf
this important landmark would be lost.What followed was '1
continuing decades of stabilization and revitalization. The
deteriorating log foundation was reinforced with stone
and concrete, the original floors, ceiling, window sashesy.igl
and exterior clapboards were replaced several times and
the center chimney was moved to the east wall. Serious
damage was done in 1981 when trucks hit the west and
north walls and the process of stabilization and revitalization
was commenced.
The Oro African Methodist Episcopal Church was
designated by the Township through By-law 2018-101 ..•• .
in November 2018, in order to recognize and promote Oro African Church 2022 (T. Fegarty)
awareness of the Church as a heritage property, It
also established a process for the consideration and An unmarked cemetery is also located on the property. A
management of future changes to ensure they respect stone cairn displays plaques commemorating the history
the property's heritage value. The designation by-law of the former church, including the Historic Sites and
identifies the Statement of Cultural Heritage Value as the Monuments Board of Canada plaque and a stone tablet
"Oro African Methodist Episcopal Church is located at the engraved with the names of the families buried in the
southeast corner of the intersection of Line 3 North and cemetery."
Old Barrie Road West.This modest church constructed of The Oro African Methodist Episcopal Church was built
hand-hewn logs, is the last built remnant of a community between 1846 and 1849. It is one of the last existing
of early African Canadian settlers in Simcoe County. The buildings erected by a community of African Canadians
British government granted 25 plots to Black settlers in whose roots were uniquely anchored in the history of the
Oro Township from 1819-1826. By 1831,thirty more families United Empire Loyalists. It represents both the significant
joined the settlement and the church construction was role that Black militiamen played in the defense of Upper
completed by1849.The Church was active until 1900 when Canada during the war of 1812 and the Upper Canada land
the community faded away and was declared abandoned policy. This Church is one of, if not the oldest, African log
in 1916. It was designated a National Historic Site in 2000. churches still standing ii�n North
(�fAmeerriica. It stands as a
WINTER HIVER 20231 cOM'I� qI-WRIT7aGE(7T§ARIo.cA I CHONEws 3
testament to both BfaO�rsee t�Onwftln creeffrPma o nr�git)rS I bibi qq o Orotprhot�CH�)ar d:F evia11 J2022 ...
and cared for it for nearly 75 years and a community of revealed by extensive examination.All new work is labelled
passionate volunteers who have worked diligently to to distinguish it from the original artifact. Some may be
preserve it since its abandonment in the 1920s. critical of the sagging roof,less than straight walls,windows,
This modest place of worship is more than a National wainscot and the creaking floor. This is not how the church
Historic Site. From the first day of worship until today, the was built, but how it aged. After 170 years, the church can
African Church has engendered heartfelt emotions from settle into its old age and its future,with a solid foundation,
many people regardless of race, gender, age, or religion. In waterproof roof,warm walls and a fresh coat of whitewash.
2013, a nationwide fundraising campaign was launched to Its significant story in Canadian history can continue to be
save this important historical building and thanks to many told for generations to come
generous donations, the Oro African Methodist Episcopal On August 17,2016,the doors of the church were re-opened
Church was completely restored. Restoration was guided during a celebration that included dignitaries, friends and
by recommendations contained in a Cultural Heritage supporters,as well as descendants from all over the world.
Assessment completed for the Township that assessed the The church is owned and maintained by the Township of
building condition and developed a long term strategy for Oro-Medonte.The Township works in collaboration with the
its preservation. Simcoe County Museum to provide interpretive services to
All works and restoration completed on the church to date visitors to the church.
have not been attempts to make the church new again. The Oro African Church is located at 1645 Line 3 N., Oro-
The conservation approach has respected the evolution of Medonte.
the church from the 1840s to the 1920s,when all work was AncIna Leigh is former Director, Development Services
"touched by the Black hands" of the congregation. What is at the Township of Oro-Medonte. Additional images are
seen at the site today is based on a 1941 photograph, the courtesy the Township ofOro-Medonte.
only known depiction of the church taken before the start
r
Church in 1941 (above),2013 (below, left) and 2018 (below, right)
■iaa ■�■ —
a — OEM
IL
4 CHONEWS COMM UNITYHERITAGEONTARIO.CA WINTER HIVER 2023 Page 348 of 356
5.a) Correspondence from Community Heritage Ontario (CHO) re- Fall 2022 ...
THE BUXTON NATIONAL HISTORIC SITE AND MUSEUM
TERRY FEGARTY AND NANCY MATTHEWS
The Buxton National Historic Site and Museum, Establishing the Settlement
near Chatham, is a tribute to the Elgin Settlement, The Elgin settlement was divided into 50-acre lots sold to
the largest and most successful of four planned Ontario settlers for$2.50/acre,financed with loans at 6% interest,to
Black settlements. The others were Dawn near Dresden, be repaid over the course of up to ten years. The land was
Wilberforce near Lucan, and Oro near Barrie. The Elgin drained and cleared then developed to required standards.
Settlementwas established in 1849 by Rev.William King and Roads and ditches were built, fences and boundaries
others who included Lord Elgin,then the Governor General set, homesteads and settlements created, public buildings
of Canada. King, a former slave owner turned abolitionist, erected,industries established.
togetherwith his colleagues,bought9,000 acres of swampy, The settlers were given no money, no grants of land, no
forested Crown land,12 miles south of Chatham. farming tools,just protection and advice. Nevertheless, for
The tract was 6 miles in length and 3 miles in width, manythis was the final stop on theirjourneyto freedom.
situated between the Great Western Railway and the By 1859, the settlement reached its peak population
north shore of Lake Erie. King brought fifteen of his former of over 1,000 free Blacks, fugitives from slavery, and their
American slaves with him from Louisiana,so that they could descendants. The community had two churches, three
now live a free life. He believed that Black people could integrated schools, two temperance hotels, a general
function successfully in a working society if given the same store, a post office, a sawmill, a brickyard, a grist mill, and a
educational opportunities as Whites. When news of the potash factory. It also enjoyed a reputation for the superior
Elgin settlement spread,White settlers became worried,and education provided to its students,both Black and White,at
attempted to block its development with a petition.These the local Mission School.
objections were surmounted and plans for the settlement The following is part of an 1863 report about the Elgin
went ahead. Settlement presented to the Lincoln Administration:
644
r c 'I 7 ,
w ..� COV
r
4., ,..
FE
rpff
'NT,
TBLn IVUL BL i PUBLIC ai n'TING I.X
FREE SOUTH MTH GRURCH,
is-I ie WNSK1 - RAL—K. lV\
GANA�A oN'NEST. T 1d66 ft 9L I L: NE'ITj Al 7 OICLOC�
TO 11hUR S1:A'l:1 3FENTS FR031
TRE REV, ILLIAN IIINGv
4z&....... formerly n Slave,Owner in Lonisiam United States,and
WILLIAM No DAY E
-k 11eyiltatl9n fr0111 C111NIII'Whitlirr 1110 Tlni,l}')1'1111]LSatlid filffe,fled,escaping
from 1luneriean Slavery.
The Rev.'4MI N KING liberated Ills oxen Slaves.,and in tills respect
-__ IS 1nelllionEd In Iffs Harriet Bucher sfD1Yesworli,s'lla•Cd,"as 110R]t(!n n
As this is awork of general beneL•alence—simply to give the Bible to
those in Canada►ho have.heretofore been deprived of it—it is hoped that
there will fie large attendance at the Ala:kng.
t•,•-.. 4 November 1559.
Plan of the Elgin Settlement,1850 (Library and Archives Canada/William King collection/e000755345)
and meeting poster,1859 (Library and Archives Canada/William KingPPcaaollectioonQQ/e000755353)
WINTER HIVER 2023 1 c(PAQR1 pp1�QHE�I-RtE§PARIc.CA I CH 0NEWS 5
"There areslg a�fCarr�YSpnoc iY�# C� fog fmortComm onityedH htac ech nta Pr(gHO)eaps Fha11 2022 ...
everywhere; signs of intemperance, of idleness, dotted with many surviving SO-acre fields and woodlots.
of want, nowhere. There is no tavern and no Opened in 1967,The Buxton Site is Ontario's second largest
groggery but there is a chapel and a schoolhouse. national historic site. What is largest? The Rideau Canal
Most interesting of all are the inhabitants. Twenty
years ago, most of them were slaves who owned system?
nothing, not even their children. Now they own The Buxton Museum was built by descendants of Buxton's
themselves; they own homes and farms, and they founding residents and is staffed by people who have
have their wives and children about them. They ancestral ties to the community. The Museum complex
are enfranchised citizens of a government which includes the main building, which houses original artifacts
protects their rights. They have the great essentials
and exhibits about the community and its history, St.
of human happiness, "something to love,something
to do,and something to hope for"and if they are not Andrew's United Church built 1849,an 1861 schoolhouse,an
happy it is their own fault.'" 18S4 log cabin and a barn. Local historic church cemeteries
are next to the museum.
After the Civil War, Buxton's population, declined sharply. For information,visit the following links:
Some families returned to their former homes in the Buxton Museum
United States. Many young people journeyed south to aid https://buxtonmuseum.com/history/OLD-ARTICLES/ne-
in reconstruction or moved away for better employment article_blackpower.html
opportunities. Today the hamlet of North Buxton has a Elgin Settlement I The Canadian Encyclopedia
population of approximately 2SO, over half of whom are https://www.thecanadianencyclopedia.ca/en/article/elgin-
proudly descendant Black Canadians. On Labour Day settlement
weekend, every year since 1924, some 3,000 descendants North Buxton I Crossroads: Beyond Boom & Bust I ATVO
and their families return to Buxton for a Homecoming Original -YouTube
celebration. https://www.youtube.com/watch?v=QNFJYPG7eeM&t=270]s
Parks Canada - Buxton Settlement National Historic Site
Designation of Canada
The Buxton Settlement National Historic Site of Canada https://www.pc.gc.ca/apps/dfhd/page_nhs_eng.aspx?id=1868
is a designated "cultural heritage landscape"containing the North Buxton -Wikipedia
original 9,000 acres where surviving land-use patterns and https://en.wikipedia.org/wiki/North_Buxton
historic buildings illustrate a successful planned settlement
TerryFegartyand NancyMatthews are directors ofCHO/
for Underground Railroad refugees. The property features PCO. Images below are courtesy the Buxton National
the originally surveyed road grids, original drainage Historic Site& Museum.
ditches, many homesteads, period houses and cemeteries
1 The refugees from slavery in Canada West.Report to the Freedmen's inquiry commission,by S.G.Howe.
Howe,S.G.(Samuel Gridley),1801-1876.,United States.American freedman's inquiry commission.
Boston:Wright&Potter,printers,1864.
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S.S.#13 Raleigh (Buxton) Schoolhouse,1861 Colbert/Henderson Cabin,1854
6 CHONEWS COMMUNITYHERITAGEONTARIO.CA I WINTER HIVER 2023 Page 350 of 356
5.a) Correspondence from Community Heritage Ontario (CHO) re: Fall 2022 ...
2023 ONTARIO HERITAGE CONFERENCE
WEs KINGHORN
To
e London Local Organizing Committee is excited
open our doors to all of you this June as we host
the Ontario Heritage Conference for 2023 in beautiful Ontario
downtown London, at the Forks of the Antler River (also Heritage Conference
known as the Thames).
The Conference will run from June 15-17, and there will
be so much to talk about this year. New opportunities and
challenges lie ahead that will require ustothink in newways
about how we preserve, and for whom. There is no better
way to face it all than by learning about, and from, each
other.
On Thursday June 15 your visit will begin with a self-
guided walking tour of one of our many beautiful Heritage
Conservation Districts. There are many historic sites in the
area around our major Conference venues for you to explore '
as your own desires lead you. That evening, we will gather
at historic Chaucer's Pub for our casual welcome gathering,
and ifyou wishyou will be abletotake a stroll afterward along London - Ontario
a self guided tour of local historic pubs and restaurants.
Friday June 16, Opening Ceremonies will take place at
the DoubleTree Hilton - steps from the Downtown London
of beautiful, but once-neglected industrial buildings in our
Heritage Conservation Districtwhereyou will spend much of
City. It will be an inspiration to us all. Throughout the day
your time throughout the conference.Our Keynote Session
you will have a chance to tour Eldon House; hear about how
is entitled "The Vision SoHo Alliance Project: Community
London's Museums are becoming more inclusive; take a
Stories, Built Heritage, and Heritage Conservation". This
musical tour of London;see the core area through the eyes
conversation will be led by Dr.Ariel Beaujot (award-winning
Professor of Public History at the University of Wisconsin) of Jane Jacobs;consider rivers as a focus of heritage interest;
and Dr. Michelle Hamilton (award-winning Professor of and much more.If you still want to learn more about London,
Public History at Western University) and will consider the stick around for the ACO London Region's"Geranium Home
unique program:"Hear,Here",which uses digital technology Tours" on Sunday- moved to a new date to accommodate
this conference!
to decolonize public spaces and make available voices of
Ontario Heritage Conference 2023 in beautiful London
historically underrepresented peoples.
Ontario will give you the opportunity to learn, to wander,
Following lunch in the restaurants of London's Downtown
to discuss and to consider our next steps in these unique
Heritage Conservation District we will move on to our
times. London is a city rich in heritage resources with
afternoon sessions. All held at the DoubleTree Hilton, you
many successes and many challenges,just like the place
will have an opportunityto learn about Bill 23 and how it will
that you are from. We have spectacular heritage buildings
be addressed in our cities,towns and rural areas;woodwork
throughout our City, as well as a rich mosaic of beautifully
restoration; engaging youth in heritage; the inspiring story
preserved Heritage Conservation Districts, a vibrant and
of the Mill House in Lakefield;and more.
vast network of museums,and a multitude of organizations
Friday night's Gala Dinner will feature an engaging
working together to keep London on track as a distinct city
discussion by Cory Crossman (Music Industry Development
that sees it's roots clearly and holds on to the lessons of the
Officer) about London's exciting induction as Canada's first
past.We can't wait to welcome all of you in June.
Unesco City of Music,coupled with a musical performance. Registration: https://www.ontarioheritageconference.ca/
Saturday's Indigenous learning sessions will be at the
Wes Kinghorn is a board member of CHO/PCO and Local
beautiful Centre at the Forks, riverside in Museum London,
Organizing Committee Chair of OHC 2023.
where all of our morning sessions will be held. In the
afternoon we will move to one of London's most innovative
and exciting adaptive reuse projects,100 Kellogg Lane".This
is a modern and exciting project, based on the repurposing �aj
WINTER/HIVER2023IcdM'l1lgR(�p lT F�j ElIT(�A fl-t'§PTARIo.cAICHONEws7
5.a) Correspondence from Community Heritage Ontario (CHO) re- Fall 2022 ...
SHEFFIELD BLACK HISTORY MUSEUM
NANCY MATTHEWS
Carolynn Wilson and her sister Sylvia are 7th front room of a verysmall cabin.On your trek along the trails,
generation descendants of Black Canadian families among the buildingsyou can visit the barber,a woodworker,
who emigrated to Canada. The museum was founded by the blacksmith or a tailor/dressmaker.The schoolhouse,the
their mom and uncle and is named after their Sheffield church with cemetery and a restored Black-community
Grandparents who ran a business in Collingwood. restaurant also located on the grounds, all contain many
Some of the Sheffield ancestors were part of the Old artefacts and additional displays of information.
Durham Road Black community established near Priceville, This family-friendly and highly educational museum is
1845-1880. One of the headstones preserved in the 201S located at 241 Clark St,just south of Thornbury. It is open
monument at the Old Durham Road Black Pioneer Thursday, Friday, Saturday, mid-May to mid-October.Group
Cemetery (currently under consideration to become a visits and private tours can be arranged. Nearby attractions
National Historic Site) is James Handy, their great-great- include the scenic harbour on Georgian Bay with its
great-great paternal grandfather who eventually had crown associated sand beach, and many shops & restaurants in
deeds for 300 acres in 50 acre lots. the nearby historic village which is dotted with Victorian
Not formally called a museum until 1990, a collection of mansions of Great Lakes Captains and shipping magnates.
artefacts had existed on the Clarksburg site prior to then.
Ever since,the]]-acre site is regularly visited by people from Location link: https://goo.gl/maps/WtSKSFT7tZbtiuci9
all over the world, many of whom have subsequently sent Website: https://www.sheffieldparkblackhistory.com/
artefact donations.
The large main museum building began as a place to Nancy Matthews is the chair of nearby Heritage Grey
house family and community souvenirs and artefacts High/ands. Information provided in consultation with
collected over several generations. Over the years the Carolynn and Sylvia Wilson. Photography byN. Matthews.
displays have grown to include slavery relicts,emancipation
documentation, Black cultural artwork, clothing and
fabrics, many other educational displays of artefacts and
information.
The extensive grounds have several wide pathways and
interconnected looping trails with outdoor displays and
much natural vegetation.Along thetrails,avarietyof smaller,
'. x
more rustic buildings illustrate the lifestyle of Black settlers,
many of whom would have managed their trade from the
m
err
Carolynn Wilson Outdoor trails with machinery on display and places to sit
or have a picnic
8 CHIONEWS COMMUNITYHERITAGEONTARIO.CA WINTER HIVER2023 Page 352 of 356
5.a) Correspondence from Community Heritage Ontario (CHO) re- Fall 2022 ...
AD
` Slavery artefacts and information
s -
\11t1\\
kw v ti k\
James Handy headstone
Classroom with many examples of text books and other
educational artefacts
- p
Al
«� t � --- do •.-
P
6 }c
Typical display found throughout the many buildings Dishes and food prep equipment that might be used in a
restaurant
WINTER/HIVER20231cdmi � VI FTERITRGPAARIO.CAICHONEW59
5.a) Correspondence from Community Heritage Ontario (CHO) re. Fall 2022 ...
TORONTO'S CAMPBELL HOUSE TURNS 200
GEORGE DUNCAN
0nSeptember22,2022,1 had the pleasure ofattending buildings, including The Ancestral Roof and Toronto,
a reception at the Campbell House Museum No Mean City. I recall reading an article in a weekend
at 160 Queen Street West. It was a celebration of two edition of the Toronto Star about the efforts to save
significant anniversaries:the 200th anniversary of the this landmark of old town Toronto, about a year
completion of the house in 1822, and 50 years since before its move in 1972. There was some question as
the house was saved from demolition by relocation to whether the house could withstand the move to
to its present site. its proposed new location in front of the Canada Life
This fine old residence was originally located at Building.
54 Adelaide Street, just east of Toronto's First Post
Office. It was built for Sir William Campbell, Chief
Justice of Upper Canada, at a time when Toronto
was known as the Town of York.The house is a prime , k.
example of late neo-classical domestic architecture;
a simple, beautiful, composition of mellow red brick
and refined details. The Campbell House, with its
quiet dignity, is a rare remnant of the city during the -
late Georgian period. This residence, along with The AilRon I �.
Grange at the Art Gallery of Ontario, provides a hint ( z
of the lost architectural grandeur of Toronto's past,
somewhat akin to how King Tutankhamun's intact
tomb hinted at the lost glories of the tombs of the
pharaohs of Ancient Egypt.
The Campbell House, 1822, a landmark example of late
neo-classical domestic architecture,2021
Happily, the experts decided that the venerable
old structure, in spite of some issues stemming from
alterations over its long history, could be moved
intact. In 1972, I was in Grade 8, and just starting to
• ,� become interested in old buildings. On the day of
« ` the move in early March of that year, my mother and
`' sister and I took the TTC downtown to witness the
ly sy relocation process.The move seemed to proceed very
slowly at times, and at other times, a greater amount
iilhlilialll `^'IIIIIII'f of ground was covered. Sometimes the house would
pause in one location for an extended period and
the crowd was not certain how far it would continue
on its journey through the city streets. I had never
seen a building moved before, and the relocation
The 1972 move and preservation of the Campbell House made quite
an impression upon me. I made a model of it out of
Bristol board that I brought in to show my class at
The preservation of the Campbell House, Highbrook Senior Public School in Scarborough.
orchestrated by the Advocates' Society of Ontario in This was a prelude to a future career in heritage
the early 1970s, occurred prior to the enactment of conservation.
the Ontario Heritage Act. With no official protection, Today, Campbell House is both a historic house
what a tragedy it would have been if this important museum and an event venue, owned by the City of
early building had been lost. Its significance was Toronto and operated by the Sir William Campbell
identified in classic books on Ontario's heritage Foundation. At the reception, presentations were
10 CHONEWS I COMMUNITYHERITAGEONTARIO.CA I WINTER HIVER2023 Page 354 of 356
made to 5.,a urC%reSgoondence from anniversaries �oingm .
celebrated,including a description of the engineering ADVERTISE IN CHOneWS!
that went into the relocation of the building. In the
ballroom upstairs, classical musicians provided Reach a province-wide readership composed
an elegant soundtrack to the exhibit of archival of all Municipal Heritage Committee members,
photographs that chronicled the history of the house heritage societies, municipal officials, and
on its original site, as well as the move to the new heritage-conscious individuals!
site. In the basement kitchen, museum volunteers
had baked a variety of desserts from historic recipes. DISPLAY ADS must be supplied in camera-ready
Some were even gluten-free. I found myself visiting tiff or pdf format.
the array of fruit tarts and other tasty morsels laid CLASSIFIED ADS are$12.00 per column inch.
out on the large table in front of the cooking fireplace Location of ads is at the discretion of the Editor.
more than once, but the bakers didn't mind. A truly Cost is per issue:
memorable evening was had by all in attendance at
this superb example of heritage conservation at its Full Page $300
finest.
George Duncan is a former Senior Heritage Planner Half Page $150
with the City of Markham. Images courtesy the Third Page $100
Campbell House Museum. Quarter Page $75
One Sixth Page $50
Business Card $25
Contact Rick Schofield
Z
416.282.2710
schofield@communityheritageontario.ca
CHO/PCO MISSION STATEMENT BOARD MEETINGS
To encourage the development of municipally CHO/PCO Board of Directors meetings are
appointed heritage advisory committees and open to any MHC member. Meetings will
to further the identification, preservation, be held virtually until further notice. Please
interpretation, and wise use of community contact the Corporate Secretary if you wish to
heritage locally, provincially, and nationally. attend.
NEWS FROM THE BOARD OF DIRECTORS
RICK SCHOFIELD
The Board of Directors met in Scarborough on the Ontario Historical Society's annual Honours and
last Sunday of November. Awards nomination applications were circulated but
The President summarized a report which included: no recommendations were made upto the November
CHO/PCO response to Bill 23, an update on the Board meeting.
insurance study of heritage properties, a Smith Falls The Treasurer outlined the status of the annual
workshopand an update on the upcoming conference. budget and noted that there were several outstanding
Membership renewals for 2022 totalled 87 MHCs issues which affected our budget. The audited
and 13 individuals. Renewal forms for 2023 have been financial report for 2022 shows a substantial deficit as
circulated and are slowly trickling in as MHCs begin disbursements for the archaeological research study
to meet once again. It appears several MHCs have were made. The pandemic severely reduced our in-
not met because the pandemic shut down most person activities and a surplus was reported in each
preservation activities. of the past few years. Those surpluses were reduced
WINTER IHIVER20231ccpmgF9pp A§I-RIA!� RIo.cAICHONEWs11
as CHO/PCO bey an)to oopreres�ondence ersom Communas As ity Ho retagoe2g2�stahre°B(ar Q)e?s to a1 022 ...
the research study. Thankfully, most MHCs continued CHO/PCO continuity in a stressful time of heritage
to support CHO/PCO over the past few years challenges, recruitment of new Board members to
Planning by the Local Organizing Committee for fill vacancies and possible candidates for upcoming
the 2023 Ontario Heritage Conference to be held executive positions (President, Vice Presidents,
in London in June, is moving along well. It was Program Officer, Recording Secretary and next year's
agreed that CHO/PCO would handle the banking Conference Chair).These will be reviewed again at the
responsibilities this year as the London MHC does not March meeting of the Board.
have a separate banking account. A few back issues of CHOnews have been bound,
Updates on CHOnews included a good compilation hard cover, into three volumes, 1993-2000, 2001-2010
of articles in the Fall issue leaving a couple of articles and 2011-2020. These are available for $15.00 each,
on reserve for the next issue. plus shipping. Prepaid orders can also be picked up
A review of Bill 23 revealed that one major concern at the AGM which will be held during the conference
is the requirement for designating a property by in June. Contact the Corporate Secretary for further
meeting at least two of the criteria categories. Other information.
issues also need to be examined as we try to deal with Rick Schofield is the Corporate Secretary/Treasurer
this unique bill. ofCHO/RCO.
2022-2023 BOARD OF DIRECTORS
EXECUTIVE COMMITTEE DIRECTORS
President
Wayne Morgan Matthew Gregor
Sutton West 905.722.5398 Scarborough 647.204.7719
waynemorgan@communityheritageontario.ca matthewgregor@communityheritageontario.ca
Vice-Presidents Nancy Matthews
Ginette Guy Mayer Grey Highlands 519.924.3165
Cornwall 514.207.6675 nancymatthews@communityheritageontario.ca
ginetteguy@communityheritageontario.ca
Regan Hutcheson Wes Kinghorn
Markham 905.477.7000 Ext.2080 London 519.858.1900
reganhutcheson@communityheritageontario.ca wesking horn @communityheritageontario.ca
Chair of Finance Corporate Secretary/Treasurer
Terry Fegarty Rick Schofield
Tay 70S.S38.1S8S Scarborough 416.282.2710
terryfegarty@communityheritageontario.ca schofield@communityheritageontario.ca
Program Officer Ginette Guy Mayer
DISCLAIMER ARTICLE DEADLINES
The content of CHOnews does not contain nor
JAN UARY 10
reflect any opinion, position, or influence of the CHO/ MARCH 10
PCO Board of Directors or the Editor of CHOnews. DUNE 10
Submissions received for publication in CHOnews OCTOBER 10
are changed only for the purposes of legibility and
accuracy to the extent that can be readily determined. Article submissions are always welcome.
12 CHONEWS I COMMUNITYHERITAGEONTARIO.CA I WINTER/HIVER2023 Page 356 of 356