City of Kitchener Comments…

City of Kitchener Comments on Ontario Heritage Act and O.Reg. 385/21 General with respect to certain alteration requests

The City of Kitchener shares the province’s goal of shortening decision-making time and reducing application requirements as part of its Red Tape Reduction package. The City of Kitchener provides the following comments and clarification questions to the Ministry of Citizenship and Multiculturalism (MCM) to gain a better understanding on the practical implications of the proposed amendments to the Ontario Heritage Act.

COMMENTS

I. Proposed Statutory Amendments

We appreciate the intent behind the proposed statutory amendment to Section 33, particularly in recognizing the significance of alterations to properties designated under Part IV of the OHA for religious practices.

However, there are concerns regarding the vague language used in the conditions outlined. Specifically, the absence of clear definitions for “heritage attributes required for religious practices” and “heritage attributes connected to religious attributes” raises potential interpretation challenges. We recommend precise definitions for greater clarity.

Additionally, while the Policy 2.6.1 of the Provincial Policy Statement (2020) states that “significant built heritage resources and significant cultural heritage landscapes shall be conserved,” the absence of specific conditions leaves uncertainty regarding how organizations can effectively guarantee such conservation. We suggest establishing conditions that ensure appropriate materials and methods of alteration are used, as well as documentation and salvage of heritage attributes. This approach balances heritage conservation efforts with the adaptive reuse of buildings or structures for religious practices.

Finally, can the province offer clarification regarding what type of information will be required in the sworn declaration to demonstrate that the applicant meets the proposed conditions?

II. Proposed Regulatory Amendments

Question from MCM: Is 30 days sufficient time for municipalities to process applications and determine if they are complete?

Thirty days does not provide sufficient time to process applications, given that municipalities are required to consult with their municipal heritage committees. The Kitchener Heritage Committee convenes monthly, and applications proceed to council the month following. Given this, the proposed 30-day timeline may lead to numerous notices of incomplete application.

To this end, greater clarity on the process and timeline once a notice of incomplete application is issued is needed. Specifically, would applicants be required to submit a new application, or does the 30-day timeline reset on the original application?

Question from MCM: Is the list of information and materials required as part of a complete application sufficient? Are there any materials or information that is missing or should be removed?

We recommend aligning the application process with the existing information and materials required for heritage permit applications, including to-scale drawings and photographs. The application should also provide a detailed description of the proposed alteration, as well as outlining the purpose of the change and its connection to or necessity for religious practice(s).

Question from MCM: How many applications do you receive each year from municipally designated heritage properties that are primarily used for religious practices or Indigenous spiritual or religious practices requesting an alteration to identified heritage attributes connected to those practices?

Equal to or less than one per year. This number is subject to increase in applications as a result of Bill 23 and the designation of more properties on the Municipal Heritage Register. There has been an increase in applications from designated properties used for religious purposes and an increase in inquiries from shrinking congregations. In 2023, the City of Kitchener has received three applications to date.

Question from MCM: How long does it typically take to review such an application (in hours)? How long do you believe it would take under the revised process and requirements?

The number of hours is dependent on the complexity and merits of an application, as well as the quality and completeness of the application.

Question from MCM: What level of employee in your organization typically undertakes this work (e.g. administrative staff, management)?

Heritage Planners.