This submission is from…

This submission is from Community Heritage Ontario in opposition to the proposed changes to the Ontario Heritage Act included in Bill 139. Please see our attachment as approved by the Board of Directors on Sunday November 26, 2023.

Summary of Key Concerns
1. The proposed legislation is contrary to the overall objective of heritage conservation.
• The aim of heritage conservation is to ensure that the cultural significance of heritage attributes is maintained over time. While changes may be necessary to adapt heritage buildings to new uses, it is important to ensure that these changes do not compromise the property’s heritage significance. Heritage conservation should conserve heritage attributes that embody the cultural heritage value of the building, notwithstanding the building’s use.

2. The proposed legislation may be abused and heritage attributes will be lost
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• The proposed legislation will affect a municipality’s ability to protect exterior (or interior, if identified) heritage attributes or the entire building itself. This could involve the removal of heritage attributes if an applicant indicates they need to be removed for religious practices. Attributes to be removed could range from significant decorative features that may no longer apply to the religious institution occupying the building to the introduction or placement of inappropriate exterior signage or paint colours as these could be argued as necessary to the religious practices being undertaken in the building .

3. The current legislation appears to be working
• This appears to be a solution in search of a problem. CHO is not aware of any wide-spread concerns associated with conservation of buildings being used for religious purposes.
• Under existing legislation, staff, municipal heritage committees and Councils have been working with applicants to achieve an outcome that is mutually beneficial to all parties.
• The proposed legislation does not require an applicant to demonstrate that they have even considered alternative approaches to address the impact on heritage attributes. The proposed approach removes the ability to undertake meaningful negotiation and finding a well-balanced solution.

4. Removes local decision-making
• The proposed legislation removes decision-making concerning the protection of community heritage resources from municipal heritage committees and local elected officials.
• Communities should have the right to determine what features and buildings are important to retain from a community heritage perspective.
• If approved as proposed, Council is required to consent within an unrealistic timeframe of 30 days based only upon the assertion by an applicant that the heritage attributes affect their religious practices. This is not sufficient for review and report preparation. Where the timeline is not met, consent would be deemed to be provided