RE: Follow-up to Bill 23 –…

RE: Follow-up to Bill 23 – Proposed Changes to the Heritage Act

Dear Minister Clark,

Despite the passing of Bill 23, the Municipal Heritage Advisory Committee (MHAC) for the Township of Rideau Lakes still hopes that your appreciation of the heritage in the Township will lead you to support our concerns about Bill 23 and protect our heritage places.

We are concerned about the Bill’s amendments to the Ontario Heritage Act in Schedule 6 of the Bill, and in particular that:

• Section 25.2, the new Subsection (3.1) gives the Minister excessive authority to intervene in the heritage designation process.
• Section 25.2 (7) and Section 71 give too much authority to the unelected Lieutenant Governor to override heritage standards and guidelines, to override heritage protections, and to establish regulations governing the Ontario Heritage Act.
• Section 27 (3) limits inclusion of a heritage property on the heritage register based on criteria that are, as yet, not defined.
• Section 27 (17) removes any requirement for a municipality to consult with its Municipal Heritage Advisory Committee before removing a property from the heritage register, putting many heritage places at risk.
• Section 27, in several subsections, changes the designation process, and limits that complex and important process to two years, and further disallows reconsideration of a property’s inclusion on the register for five years, should it be removed from the register. Even without designation, a “listed” property on the heritage register is currently afforded some protections. Removal of a property from the register places it at great risk of demolition or serious loss of its heritage value.
• Section 29 places further restrictions on the designation process on the basis of as yet undefined “prescribed events.” It is expected that the “prescribed events” will include development applications.
• Section 41 places further restrictions on the designation of Heritage Conservation Districts, which are important ways for municipalities to protect streetscapes and neighbourhoods.
• Section 42 (1) removes protections of Heritage Conservation Districts against demolition or removal of structures within the district.

We are further concerned about the Bill’s amendments to the Planning Act, in Schedule 9 of the Bill, and in particular that:

• Section 23 gives the Minister excessive powers to override a municipality’s Official Plan.
• Section 51 diminishes public involvement by placing limits on public meetings.

While it is clear that new homes are needed in Ontario, this point does not preclude the protection of heritage places. In fact, the retention and protection of heritage places may serve to enhance the appeal of new neighbourhoods. As well, there could be cost and environmental benefits to re-purposing or restoring existing heritage structures, rather than tearing them down and adding them to a landfill. With the current shortage of building materials, re-use of existing heritage structures may, in some cases, expedite housing development, while at the same time retaining the valued heritage character of our villages and hamlets.

We hope that you, as our MPP, will be in a position to address our concerns.

Kind Regards,

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Sue Warren
Chair, MHAC

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Diane Haskins Kim Lulashnyk
Member, MHAC Member, MHAC

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Allison Smith
Member, MHAC