Protect the mechanism of…

Protect the mechanism of Easements and Covenants in the existing Heritage Act.

First, a definition of "heritage" can be found in Section 10 (1)a) of the Ontario Heritage Act: property of historical, architectural, archaeological, recreational, aesthetic, natural and scenic interest for the use, enjoyment and benefit of the people of Ontario.

Second, Section 37 (1) of the Heritage act describes the preserving of specific areas (actually properties) through Easements: Despite subsection 36 (1), after consultation with its municipal heritage committee, if one is established, the council of a municipality may pass by-laws providing for the entering into of easements or covenants with owners of real property or interests in real property, for the conservation of property of cultural heritage value or interest.

Property owners may use this easement mechanism to protect the natural heritage aspects of their properties. For example, easements could be applied to properties that currently have greenspace and trails, or properties that form part of the public view-space, such as those adjacent to parks, trails, and beaches. The main point is that if property owners are willing, they can approach Councils to create easements so that the "heritage attributes" of the property (which include recreational, aesthetic, natural and scenic interest) are protected for the long term.

This mechanism of protecting the environmental aspects of our Ontario heritage must not be weakened by the proposed More Homes Built Faster legislation.

Properties with recreational, aesthetic, natural, and scenic interest typically include a percentage of undeveloped land, and that land has characteristics of microclimate, flora, fauna, subsurface ecology, and drainage that can be destroyed by modern development. Easements and covenants can protect such features. There are proven positive health impacts of natural landscapes (such as improved mental health, and faster recovery times after illness or surgery), and there are proven negative impacts of development (such as climate change, heat islands, surface runoff, downstream flooding, polluted bodies of water, and loss of biodiversity).

The mechanism of easements and covenants in the existing Ontario Heritage Act is one of the few options open to property owners who value the natural heritage aspects of their properties, which in many cases they have spent money, effort, and even lifetimes caring for. Many property owners want their land protected for future generations.

All of us should be doing more to protect natural heritage for the future. We should not be drafting legislation that makes it easier to destroy our natural heritage.