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What is Heritage Designation?

Background

In March 1975, the Ontario Government took decisive action to help ensure the protection of this province's historically and architecturally significant properties with the proclamation of The Ontario Heritage Act. This legislation enables municipal councils to protect and enhance heritage properties located within their municipalities. It also encourages citizen participation in the important task of conserving our architectural heritage.

Useful Guidelines When Designating

Many municipalities have found the following guidelines useful when embarking upon a designation programme

  • a property may be of historical significance if it is associated with the life of an outstanding member of the community, or it has played a role in an important historical event;
  • a building may be or architectural significance if it is a good example of a particular building type, architectural style or period, or if it is the work of an important architect or early builder
  • a building or property may have contextual significance if it forms an integral part of the surrounding streetscape
  • a property may also be of heritage significance if it possesses unique aesthetic or picturesque qualities

Benefits of Architectural Conservation

Architectural conservation helps revitalize, stabilize and enhance the character of a community. Heritage properties provide visual variety in rural and urban settings alike. By protecting its architectural heritage, a community will be able to grasp and retain a sense of its past: without knowing where we have come from, how are we to know where we are going? Most important of all, municipal designation protects our important heritage properties from unsympathetic alteration while, at the same time, providing specific regulations for the protection of private property rights at every stage in the process

How is a Property Designated?
  • Report to Council
    Once a LACAC has determined that a property is of heritage significance, the owner is consulted, the property's significant features are outlined and a designation report is prepared. The report outlines all of the architectural and/or historical qualities of that property which the municipal council may wish to protect. The report and accompanying recommendation are then passed on to council for action.
  • Notice of Intention to Designate
    If council accepts the LACAC's recommendation, it instructs the municipal clerk to prepare a Notice of Intention to Designate the property. Passage of the notice is sent to the property. Passage of the notice is sent to the property owner and published in a local newspaper to inform the general public.
  • Objections to Proposed Designation
    Anyone wishing to object to the proposed designation is required to notify the municipal clerk, within 30 days of the first advertisement, setting out the reasons for objection. Following the receipt of an objection, council must refer the matter to the Conservation Review Board for a hearing and report. The Board was established by The Ontario Heritage Act, 1974, to hold hearings and make recommendations to municipal councils regarding the advisability of designation. Following referral from council, the Board will schedule a hearing in the municaipality, listen to the evidence from all sides and then offer its recommendation to all parties who appeared at the hearing.
  • Decision of Council
    Although council is not required to follow the Board's recommendations, it is hoped that it will. After considering the Board's report, council has two options
    • withdraw the notice, or
    • pass a Designating By-Law
    Once the by-law has been passed, it is registered on title in the local land registry office so that future owners will be made aware of the designation. The property is also listed in a public register; this allows municipal authorities to determine if proposed property changes are permitted within the spirit of the designation.
Removal of Designation

An owner, at some point in the future, wishing to have the designation removed, may request council to repeal the by-law. If council, after consultation with its LACAC, refuses the application, the owner may apply to council for a hearing before the Conservation Review Board. Following the hearing, the Board will again report back to the parties involved with its recommendations but, as before, council makes the final decision. This repeal procedure may not be undertaken more than once in a twelve month period.

Scope of Designation

Because the Act allows for the protection of real property, it is not only buildings which can be protected under a designation by-law, but also street furniture, ornamental elements, outbuildings, landscaping or any other important feature of the built environment which the LACAC recommends.

*IF AN ALTERATION OR DEMOLITION PERMIT HAS BEEN ISSUED FOR A PROPERTY AND COUNCIL PROCEEDS WITH A NOTICE OF INTENTION TO DESIGNATE, THE PERMIT IS VOIDED.