November 4, 2020 Thank you…

November 4, 2020

Thank you for the opportunity to provide comments to ERO 019-1348, the Proposed Regulation under the Ontario Heritage Act (Bill 108).

The following are the formal comments on behalf of the City of Brampton:

I. Principles that a municipal council shall consider when making decisions under specific parts of the OHA

City of Brampton Comments:
Heritage staff note that the Province has followed the recommendation identified during the
initial comments on the OHA amendments and the prescribed principles are for consideration
by municipal councils when making decisions on heritage matters and are not bound by
them. Heritage staff welcome the move towards transparency and openness. While the
principles themselves are agreeable and support the conservation of heritage resources, the
differentiation between conserved and protected needs to be understood and section 2 lacks
clarification on both what are considered 'appropriate studies'. In the PPS, protection is
included in the definition of “conserved”. Explanation of the difference between the two
terms is required in order to assist Council with its consideration and understanding of the
principles.

Recommendations:
1. Clarify the difference between protected and conserved for (3) 1. by relating conservation to the actions undertaken on a property to preserve, restore, or rehabilitate a cultural heritage resource.
2. For (3) 2. ii., the 'appropriate studies' should be revised to read 'appropriate technical cultural heritage studies' to identify that those studies deemed appropriate reflect heritage considerations.
This wording aligns with the reference to technical cultural heritage studies in the heritage permit application requirements.
3. Remove the phrase "including adaptive reuse where appropriate", as adaptive reuse, while a well-understood and frequently employed conservation method, is only one of many conservation methods.

II. Mandatory content for designation by-laws

City of Brampton Comments:
The mandatory content for identifying a property in a designation by-law is generally
supportable, with minor revisions recommended by the City of Brampton Heritage staff, and
much of this content is already included in Brampton's recent designation by-laws. It is
Heritage staff's understanding that while a Registered survey can be included in a designation
by-law registered on title, images such as aerial photographs, scale drawings, etc cannot be
included in designation by-laws registered on title. These items are typically included,
instead, in the designation report for the property.

Recommendations:
1. Remove requirement 5. (1) 2. or have it read, "The by-law must contain a registered survey of the area of the property to be designated, where the designation applies to only a portion of a property."

III. Events which would trigger the new 90-day timeline for issuing a notice of intention to designate and exceptions to when the timeline would apply

City of Brampton Comments:
Heritage staff maintain as previously commented that timelines should not be imposed for
issuing a Notice of Intention to Designate, as the identification of resources and the
evaluation of their significance is ongoing. The Proposed Regulation identifies the prescribed
events as Official Plan amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.
However, the initiation of the 90 day period after the public notice ensures that the views
of interested persons and communities are given adequate consideration by Council, as
reflected in the proposed principles. The exceptions proposed to the 90 day timeline provide
some flexibility for the municipality to work with property owners. In addition, the lifting of
restrictions on when a Notice of Intention to Designate can be served following the
disposition of the prescribed event under the Ontario Heritage Act ensures that heritage
properties are protected against speculative development or if development fails to occur.

Recommendation:
1. Provide delegation of Council's authority for 3. (1) 1. I and ii to better facilitate agreements between property owners and staff on the applicable period of time for a Notice of Intention to Designate can be served for a specific property.

IV. Exceptions to the new 120-day timeline to pass a designation by-law after a notice of intention to designate has been issued.

City of Brampton Comments:
This regulation addressed the previous recommendation by Heritage staff previously that an
extension of time to pass a designation by-law be allowed to extend beyond the 120 days if
agreed upon by the owner and the municipal Council. The exceptions also provide flexibility
should new information arise, which addresses the PPS and the ongoing evaluation of
heritage properties, and during times when due consideration by the municipal council is not
possible within the 120 day time period. Importantly, these regulations also provide
transparency related to new information for the property owner as well.

Recommendation:
1. Section 4. (3) of this regulation should be made consistent with 6 (a) of Prescribed exceptions, s. 29 (1.2) of the Act.

V. Minimum requirements for complete applications for alteration or demolition of heritage properties

City of Brampton Comments:
The City of Brampton already includes application requirements for heritage permits in the
Heritage Permit Kit, and these requirements generally align with those set out in this
regulation. Heritage staff welcome the move to consistency across municipalities, and the
clarification that this will provide both property owners and staff in consideration of these
applications. The regulation is also respectful of material required by municipal by-law,
resolution or official plan.

Recommendation:
1. In 8. (5) Sunday should be considered the same as Saturday or a holiday in regards to timing.

VI. Steps that must be taken when council has consented to the demolition or removal of a building or structure, or a heritage attribute

City of Brampton Comments:
The steps prescribed for demolition/removal of a building or attribute on a designated
property are generally supportable and respond to a variety of potential situations. The
Proposed Regulation stipulates that if demolition/removal would result in a change to a
designation by-law, the amendment of the designation by-law is to occur after the
demolition/removal. This detail in the Proposed Regulation ensures that should work
impacting a property’s cultural heritage value not proceed, and the
building/structure/attribute remain in place, the designation by-law is not amended
prematurely. The regulations also provide provisions for the relocation of a buliding of
structure, which within the regulations appears to be regarded as removal, and facilitates
designation of the property which will receive the relocated building/structure.

Recommendation:
1. As provisions are provided for the relocation of a building/structure to another property, additional consideration should be given to facilitating the amendment of the designation by-law of the property which the building/structure is being relocated to, should this property already be designated.

VII. Information and material to be provided to Local Planning Appeal Tribunal (LPAT) when there is an appeal of a municipal decision to help ensure that it has all relevant information necessary to make an appropriate decision

City of Brampton Comments:
The level of administration required to ensure that the extensive relevant information is
properly and efficiently prepared and collected should there be an appeal to LPAT will result
in increased administrative work for municipalities.

Recommendation:
1. New guidance documents must include a section clarifying the LPAT process as it relates to the Act and the change from CRB to LPAT. The Ontario Heritage Act changes should not be in force and effect until such time as these guidance documents are finalized.
2. The complement of LPAT include experienced professionals qualified to make judgements regarding heritage conservation, and that such professionals be assigned to hear any and all appeals
regarding cultural heritage resources.

VIII. Housekeeping amendments related to amending a designation by-law and an owner’s reapplication for the repeal of a designation by-law

City of Brampton Comments:
The regulations clarify the time periods and situations when an owner can re-apply for the
repeal of a designation by-law. The time period for all situations identified is 12 months and
is consistent with the City of Brampton's previous recommendation to the Province that the
12 month period between applications to repeal a designation by-law be maintained.

Recommendation:
1. A section needs to be added here or in the Transition section regarding when an Owner can reapply for repeal of a designation by-law following the decision of the Conservation Review Board
(CRB), as some cases currently before the CRB may conclude within 2020 before these regulations come into force and effect.

IX. Transition provisions

City of Brampton Comments:
The transition provisions are agreeable in that applications which commenced prior to these
amendments coming into force will continue to be processed under the Ontario Heritage Act
as it ready prior to the amendments. Designation by-laws must be passed within 365 days of
the amendments coming into force and effect for all properties which are in the process of
designation. This timeline is agreeable in most situations, however may have implications for
some properties which are at risk.

Recommendation:
1. For 20. (4), Include flexibility for extension of the 365 days to pass a designation by-law for a property in the process of designation if agreed upon by Council and the property owner.

Additional City Comments

City of Brampton Comments:
Considerations of the Emergency Management and Civil Protection Act which are included in
the amendments and regulations put forward for comment, should be applied to the entirety
of the OHA, specifically to ensure that property owners can continue with important repair
work during times of Emergency , as declared in the Emergency Management and Civil
Protection Act. Specifically, the OHA could ensure that municipal heritage advisory
committees can provide advice on applications via a different form of communication than a
formal meeting, such as email or virtual voting, so that consultation with the Board can
continue if formal committee meetings cannot be held.

Recommendation:
1. Amendments are required to the delegation of authority section of the Ontario Heritage Act for heritage permit applications to clarify that emergency situations, such that, during times of
emergency, as declared by the head of the municipality and/or under the Emergency Management and Civil Protection Act, staff have the ability to consult with the municipal advisory committee
by means other than a formal meeting, such as email communication, so that heritage permit applications can continue to be reviewed and property owners can undertake repairs .

City of Brampton Comments:
City of Brampton heritage staff remain of the opinion that the amendments to the OHA should not come into force and effect until municipalities and other stakeholders, including property owners, have been meaningfully consulted regarding all related regulations, these regulations have been
finalized following consultation, and the province has prepared guidance documents, including guidance documents regarding the application of the existing Regulation 9/06. Regulation 9/06 sets out the criteria for evaluating the cultural heritage value of a property. Better guidance is required regarding how to apply these criteria to a diverse range of cultural heritage resources.

Recommendation:
1. The Ontario Heritage Act changes should not come into force and effect until property owners and municipalities have been meaningfully consulted on the Proposed Regulation.

City of Brampton Comments:
The release of the proposed regulations is untimely, especially as property owners and
municipalities continue to cope with the impacts of the COVID-19 pandemic. The extra
resources which will be necessary for many municipalities to cope with the transition to the
Ontario Heritage Act amendments proposed to come into force and effect on January 1, 2021
should instead be focused on the management of and recovery from the the pandemic.

Recommendation:
1. The Ontario Heritage Act amendments should not come into force and effect until the pandemic is concluded in order that property owners and municipalities can properly prepare for and focus their attention on the regulations and their implications.

City of Brampton Comments:
The Ministry was meant to prepare Guidance Documents to assist property owners and
municipalities in navigating the Ontario Heritage Act amendments. These Guidance
Documents have not been released and so the ability of property owners especially to
understand the Ontario Heritage Act amendments, without the assistance of plain language
documents, is limited. The Proposed Regulation and the Ontario Heritage Act Amendments
as a whole should not come into force and effect until such time as these Guidance
Documents have been finalized and all interested persons and communities are in a position
to understand the impact of the Proposed Regulation and the Ontario Heritage Act
amendments as a whole.

Recommendation:
1. The Ontario Heritage Act changes should not come into force and effect until municipalities have been consulted on the guidance documents and these guidance documents are finalized.

Also, please find attached the following supporting documents with further comments:
- Staff Report: City of Brampton’s Comments Regarding the Proposed Regulation under the Ontario Heritage Act (Bill 108)
- Appendix A – City of Brampton Comments on Schedule 11 of Bill 108 (Ontario Heritage
Act Amendments)
- Appendix B – City of Brampton Comments on Proposed Regulation under the Ontario
Heritage Act

The City of Brampton appreciates the opportunity to provide comments in response to the Environmental Registry of Ontario (ERO) notice regarding Proposed Regulation under the Ontario Heritage Act (Bill 108).

City of Brampton