On behalf of the Roman…

On behalf of the Roman Catholic Episcopal Corporation for the Diocese of Toronto, in Canada (the "Archdiocese"), I attach my letter and a Lehman & Associates letter containing requests and comments. In summary, the Archdiocese's comments are:

1. The Archdiocese supports the proposed Heritage Act amendments. The changes create a system and framework that would allow for thoughtful balancing of divergent interests. It thanks the Province for recognizing the Technical Working Group’s work and recommendations.

2. In particular, the use of “prescribed principles” in decision making and permitting LPAT appeals from all heritage related municipal decisions ensures the best possible decisions are made.

3. There are, however, two (2) gaps in the proposed amendments. The Archdiocese suggests that:

(a) any requirements related to the new prescribed principles apply to the LPAT on any appeals as well as the municipal councils so there is consistency in all heritage decisions with those principles as set out by regulation; and

(b) they be required to “conform with” those regulatory principles.

Section 26.0.1. would thus read: “A council of a municipality and the Local Planning Appeal Tribunal shall conform with the prescribed principles, if any, when the council or the Tribunal exercises a decision-making authority under any provision of this Part.

4. The Archdiocese would like to be invited and to engage with Provincial staff in the formulation of the regulations needed to implement the amendments, including the “prescribed principles” and any mandatory content in section 29 heritage designation by-laws. Responding to EBR postings is insufficient since dialogue and discussion may be needed.

5. The regulation setting out the mandatory content of a section 29 heritage designation by-law should exclude sacred spaces and worship areas from designation. This ensures the constitutionally protected right to freedom of religion is not violated.

6. The “prescribed principles” should include the principle that sacred spaces should be excluded from designation by-laws. This also helps ensures the right of freedom of religion will not be infringed.

7. The “prescribed principles” should include the principle that the need for alteration or demolition of sacred spaces as a functional requirement of religious organizations is an important factor in any decision when alteration and demolition applications are made.