Ontario Heritage Toolkit…

Ontario Heritage Toolkit Revisions 2021 - Town of Oakville Planning Services Comments

General Comments
• The 30 day review period not sufficient. An extension to the ERO Posting closure of June 30, 2021 is requested. The Toolkit guides are a critical tool to advance a common understanding of heritage conservation in Ontario and the Town of Oakville would like further opportunities to contribute and collaborate with the Ministry and other stakeholders in revising the guides beyond the formal ER process that closes on June 30th.

• It would be helpful to distinguish between new legislated requirements so that the changes to municipal processes can be easily identified and implemented by staff. The inclusion of the legislated references to the Ontario Heritage Act and the Regulation in the Final Guides would be beneficial.

• Clarification on whether a newspaper having general circulation must be print or can be in digital format should be included.

• Clarification on whether notice of consent for alterations to Part IV or Part V properties can be sent via email.

Your Community, Your Heritage, Your Committee Guide
• On page 12, it states that Municipal Heritage Committee member terms typically are for a 3 year period. This reference should be updated to 4 year terms to align with Council terms.

Heritage Property Evaluation: A Guide to Identifying, Research and Evaluating Heritage Properties in Ontario Communities
• The term ‘heritage property’ is now used instead of ‘cultural heritage property’. The new definition of ‘heritage property’ does not include registered (non-designated) properties under s.27 (1.2). Can the reason for this be clarified?

• On page 6 there is reference to screening properties with ‘preliminary criteria’. Further explanation of where this ‘preliminary criteria’ is established in the legislation is needed or if this is a reference to a streamlined version of the Ontario Regulation 9/06. The Final Guide could benefit in explaining with examples what ‘preliminary criteria’ would be.

• On page 18, the ‘Basics of a Municipal Register of Heritage Properties’, there is a difference between what is recommended to be included on register for non-designated properties being placed on the register and what is required by legislation. Clarification in the guide on the distinction between legislated requirements and best practice should be provided. Specifically, the level of detail between the listing of a non-designated and a designated property is not clear. The draft Guide states that listings must include a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property, which is the same requirement for a designation.

• Page 23 refers to ‘new and relevant’ information being received by Council when a notice of objection is served regarding the addition of a property to the register. A definition of what constitutes ‘new and relevant’ would be helpful.

• Page 28 recognizes the importance of oral evidence in support of register listings for both designated and non-designated properties. The Final Guide could benefit from appropriate methods for documenting these oral histories as evidence so that designations that are appealed to the Ontario Land Tribunal (OLT) will remain defensible. While Section 6.1 – Oral Evidence provides the merits of oral histories, it does not provide the detail needed to ensure these histories can be used as evidence at OLT and be considered defensible evidence.

• In Section 5.2 on page 30, views should be included in the list of types of heritage attributes of a property. It should also clarify that viewpoints should originate on the property that is being designated.

• On page 35, it states that Council has retained final decision-making authority on whether to proceed with protection. The legislation has been changed to give the Ontario Land Tribunal the final decision-making authority and as a result, this statement of Council still retaining final decision-making authority should be removed.

Designating Heritage Properties Guide:
• Page 11 explains the impacts of multiple applications on the 90-day timeframe. Specific reference to abandoned applications is provided. Clarification from the Ministry should be provided on what constitutes an ‘abandoned application’ and provide guidance on when a municipality can move to issue a NOID should an application be abandoned. Does an ‘abandoned application’ constitute as being ‘disposed of’ under the Planning Act?

• Page 13 outlines how municipalities can consider objections. The draft states municipalities should establish a public facing procedure for how Councils will consider objections, how to provide suitable notice of objections, and factors Council takes into account when deciding whether to withdraw a notice of intention to designate. This requirement does not appear to be based in the legislation and clarification as to its basis would be helpful.

• Page 15 explains situations where ‘new and relevant’ information can impact the 120 day timeline to pass a designating by-law. The Final Guide should include clarification on who can provide ‘new and relevant’ information.

• Section 4.2 identifies that under the Ontario Heritage Act, designation of a heritage property applies to real property — the land itself and the buildings and structures on it. It is recommended that the term ‘structures’ be replaced with ‘features’ to not exclude non-structure attributes (i.e., natural features, views).

• The description of heritage attributes on page 25 should include reference to views and should be explicitly listed in the examples on page 26.

• Should the definition of ‘alter’ be scheduled to be proclaimed in the future, due to the impact this change will have on municipalities, the Guides should be revised to include that information as the proclamation of the definition of ‘alter’ would significantly change Section 5.1 of this Guide.

• An example of a notice of intention to designate and a designation by-law for a condominium would be helpful to be included in the Guide. Notice requirements and by-law registration for large multi-unit condominiums has not been addressed.

Heritage Conservation Districts Guide:
• If/when Sections 41(2.3) and 42(1) of the Ontario Heritage Act are proclaimed in the future, the Guide should be revised after receiving public feedback and comment.

• A new section should be added discussing the method to amend Heritage Conservation District Plans.

• In Section 2.3.3 (Interim Control), please consider the inclusion of examples of interim control measures that can be applied within an HCD study area.

Places of Worship Guide:
• Section 2.3 states that Places of Worship will undergo a more rigorous evaluation against the criteria set out in Ontario Regulation 9/06. Clarification on what constitutes a more rigorous evaluation would be helpful and the legislative basis for this requirement.

• Additional guidance should be provided within Section 2.4 to provide examples of a statement of significance that includes interior attributes but also identifies what is characterized as chattel. For example, are pews considered chattel or an interior attribute?