May 16, 2025 Re: Proposed…

May 16, 2025

Re: Proposed Amendments to the Ontario Heritage Act, Schedule 7 of the Protect Ontario by Unleashing our Economy Act, 2025 (025-0418)

The Ontario Association of Heritage Professionals (OAHP) in partnership with its parent organization, the Canadian Association of Heritage Professionals (CAHP), submits the following comments regarding Proposed Amendments to the Ontario Heritage Act, Schedule 7 of the Protect Ontario by Unleashing our Economy Act, 2025 (ERO 025-0418). Our organization represents nearly 500 heritage professionals living and working in the province of Ontario.

OAHP is a Chapter of CAHP, a national professional organization that serves qualified heritage professionals in the public, private, education, and not-for-profit sectors. CAHP establishes standards of practice, shares knowledge about heritage conservation, and supports the involvement of heritage professionals whenever places of heritage value are being identified, preserved, restored and rehabilitated. As part of its mandate, the organization also fosters and promotes public and legislative support for heritage conservation. Our membership includes archaeologists as well as heritage planners who work for municipalities which are the approval authority on archaeological assessments as well as those in private practice working with development proponents.

OAHP offers the following comments on the major updates proposed to the Ontario Heritage Act:

 
Exemption for property
OAHP is concerned with the proposed exemption of property from any provisions under Part VI of the Ontario Heritage Act and its regulations, or any requirement to undertake an archaeological assessment if in the opinion of the Lieutenant Governor in Council the exemption could advance the following provincial priorities: transit, housing, health and long-term care, other infrastructure or such other priorities as may be prescribed.

Article 11 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), to which Canada is a signatory, states:
Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.

This declaration has become the minimum standard against which many First Nations consider archaeological and heritage work. While Ontario has not adopted UNDRIP, its Provincial Planning Statement (PPS 2024) acknowledges treaty rights and directs planning authorities to engage early with Indigenous communities and ensure their interests are considered when identifying, protecting and managing archaeological resources, built heritage resources and cultural heritage landscapes. The proposed changes in Schedule 7 of Bill 5 will undermine the ability of planning authorities to uphold their obligation to engage with Indigenous communities by pre-emptively exempting property from Ontario Heritage Act requirements that would identify, protect and manage archaeological resources.

The PPS 2024 encourages planning authorities to develop and implement archaeological management plans (AMP) to conserve archaeological resources. Establishing the broad authority for exemption of property from archaeological requirements would undermine AMPs as effective tools for the identification and conservation of archaeological resources.
OAHP urges the province to reconsider establishing the authority for broad exemptions to archaeological requirements as this would impede effective and efficient decision making to conserve archaeological resources. Archaeology is an important risk management tool for both development proponents and municipalities; the early identification of known or potential archaeological sites or resources can help minimize costs and delays resulting from accidental discoveries.

Changes in support of conservation and enforcement

OAHP is supportive of the proposed changes that would authorize the Minister to direct artifacts and archaeological collections to be deposited with Indigenous communities.
Furthermore, OAHP supports in principle the proposed changes that would enhance the protection of archaeological resources and support enforcement of the provisions of the Act, including the expansion of inspection powers, the establishment of the authority for the Minister to issue an Assessment Order, and the introduction of provisions for investigations of offences under the Act.

Yours sincerely,

Colin Yu, CAHP Andrew Waldron, CAHP
President Executive Director
Ontario Association of Heritage Professionals Canadian Association of Heritage Professionals