At a recent meeting, the…

At a recent meeting, the Midland Heritage Committee discussed the proposed amendments to the Ontario Heritage Act under Bill 108, More Homes, More Choice Act, 2019. The discussion resulted in the decision to bring forth comments and concerns regarding the proposed amendments. Ultimately, we are very concerned about some of the proposed changes to the Ontario Heritage Act and the risks that those changes pose to the protection of heritage in our province.

The province of Ontario is rich with events, industrial developments, and individual peoples’ stories that are told through our historic architecture, parks, homes, and museums. This province shares in the successes of our forefathers; their talents and foresights, and these stories are reflected in the beauty of the buildings and sites they created around them. It is the saved architecture of individuals of past times that makes Ontario the rich province that it is. Every hamlet, village, town, and city have their own unique histories as told through heritage sites and architecture. The preservation of these histories is critical as what is being preserved makes our communities unique and distinguishes each of us. We do not want to become another dot on the map of Ontario, a victim of unrestrained development at the cost of our cultural heritage values.

Some of the proposed amendments to the Ontario Heritage Act threaten what is important to us as a community that is concerned about protecting our cultural heritage values for now and for the future of our province. We fear that the protection of our heritage will be weakened, there will be a reduced local influence in the decision-making process, and individuals will now be allowed to apply to appeal a listing to their property. These amendments must not be the first steppingstone in allowing individuals and developers to bulldoze the heart and soul of our Ontario communities. Without the protection of our heritage and history, every community in Ontario will become one in the same with no character or individuality.

Consider the proposals to amend Section 29 of the Ontario Heritage Act:
• To require municipal council to publish a Notice of Intention to Designate within 90 days of an ‘event’ (to be defined by a regulation)
• And to consider any objection to the Notice of Intention to Designate within 90 days after being served the objection
• And to approve a designation bylaw within 120 days of the beginning of the Notice period, if there is no objection

In our experience in designating properties, these timelines are not realistic. For instance, the publication of the Notice of Intention to Designate provides only 90 days to evaluate the property (whether there is appropriate access or not), prepare a staff report, and obtain Council’s approval to proceed. The deadline for the designation bylaw is just 30 days later. There is no apparent provision for Council recesses, holidays, and spikes in the Planning Department’s workload. The proposed amendments should rather ensure that timeframes are reasonable to provide adequate research and due consideration. Whatever the appeal process, local heritage interests need to be provided with the time to prepare and the opportunity to state their position. The responsibility of the Tribunal to provide adequate notice of appeal must be detailed.

Many communities, such as Midland, rely on heritage sites, establishments, and heritage homes to attract tourism as they make the town an appealing tourist destination. Every community knows and values its own heritage and time has proven that each can recognize and protect its heritage without input from the outside. We as a Heritage Committee for a smaller municipality believe that decisions regarding the designations, objections, and appeals to heritage decisions should be left in the hands of the local Council and not to the Local Planning Act Tribunal. The Tribunal will not have the same appreciation and concerns about the preservation of local heritage and history as the local Council. As a Committee, we feel that our Council is capable to take care of our own community and heritage in an appropriate manner and the Tribunal being involved in decision making is unnecessary as it will not reflect the values that the community holds towards its heritage.

In regard to applications to appeal designation bylaws, provisions need to be in place that restrict what is eligible to be appealed and to place the burden of argument on the applicant.

Overall, we are very disconcerted by what we perceive as the destruction of Midland’s and Ontario’s built heritage without due consideration by the proposed amendments. As a Committee, we work hard to protect our historic buildings and their stories to preserve what makes our community unique. We ask that Ontario support us as we speak for its heritage and that Ontario will not be ‘Open for Business’ at the expense of our cultural heritage values.

Yours very truly,

THE MIDLAND HERITAGE COMMITTEE

Lorelei Blane-Smith – Chair
cc. Council