Bill 108 Schedule 11 I…

Bill 108 Schedule 11

I recognize the Government of Ontario would like to not only increase the supply of housing to the Province but also decrease the time to market, which should make housing more affordable. However, I have concerns, especially on the heritage front and have put forth recommendations for consideration.

On the heritage front, I believe that the government may have overreacted to some of the concerns received from BILD (Building Industry and Land Development Association) and from OHBA (Ontario Home Builders Association) and plowed ahead with all of the industry’s proposed changes, literally word for word.

As with any topic, there are two sides to the issue. There is no question the Ontario Heritage Act as it matures requires changes, last since 2005. However the efforts through Schedule 11, Bill 108 are rushed and cover way too much ground without proper consultation.

I agree with the proposed new time limits on designation and changes to alteration appeals despite the added burden it places on the municipality. This should be the extent of the changes.

Some of the other changes proposed are as follows:

Objections by property owners to having their property listed onto the municipal registry or those that are currently on the registry, can at any time and as often as they like, list an objection. This open-ended opportunity of objection (actually in perpetuity) is a tactic that property owners can use to wear down a municipality by putting undue pressure to consume valuable municipal resources, which the municipality will not spend, just for a 60 day delay in the issuance of a demolition permit by having the property listed on the registry. The use of this tactic must be prevented. Please consider that a time limit be introduced as to when an objection can be submitted.

Please consider that if the province considers the option of requiring notice to property owners prior to the matter being considered by Council allow the condition that once notification of listing is given, the property owner would be prevented from submitting a demolition permit application until after Council has considered the recommendation for listing the property on the Register.

Heritage determination since the onset of the Ontario Heritage Act has always been left to local council to i) what constitutes a cultural heritage property of value to the community, and ii) the recognition and protection of that resource. Currently, the property owner can seek a review of a proposed designation by the Conservation Review Board. The members of this board are well versed in heritage and the law, and are best able to handle objections to a heritage designation, which requires careful consideration and input from all parties. Issues are usually resolved through persuasion in the preliminary stage of consultation, and if it proceeds further, the advice given to the local municipality is usually observed and enforced.

Please consider continuing to use the Conservation Review Board as the non-binding appeal body for individual designation by-laws and amendments to their content, with the municipality having the final decision. The Local Planning Appeal Tribunal can address objections to alterations and demolition but need to be resourced accordingly with expertise in heritage matters.

With the possible removal of this avenue, and replacement with a binding appeal to the Local Planning Appeal Tribunal, we will have lost this well oiled specialized appeal process as well as the specialized adjudicators, as well as the local ability to determine what is of heritage value to the community, as well as respecting local autonomy and democratic decision-making process.

By essentially, using this new replacement, heritage issues will be dealt the same as other planning issues, under the Planning Act and will not receive the specialized attention it deserves. Please consider that if the Conservation Review Board is replaced by the Local Planning Appeal Tribunal, the Province should ensure that Tribunal members assigned to Ontario Heritage Act appeals possess cultural heritage expertise and an understanding of the Ontario Heritage Act.

If the provincial government wishes to move forward with this, then with this ability to intervene from the provincial level, the province needs to have skin in the game and should consider resources be made available to the municipalities to assist in the recognition and protection of that resource.

Provincial direction is to be provided to municipalities in the form of principles prescribed by a Regulation for future decision-making. Instead of implementing these principles by Regulation, Please consider providing direction through enhanced educational materials to better guide heritage conservation objectives, by updating the Ontario Heritage Toolkit. Please consider providing clarity in the Ontario Heritage Act by further defining what constitutes “heritage attributes”.

Overall, Please consider limiting the extent of the heritage related changes via Bill 108 to timing issues and given the extent of the proposed changes to the Ontario Heritage Act and the absence of the Regulations, it is suggested that the amendments be deferred, and the Ministry of Culture undertake a full, meaningful consultation, including a review of the proposed Regulations, with all stakeholders similar to that undertaken when the Act was last amended in 2005.