Streamlining releases of Ontario Heritage Trust conservation easements

MCM is proposing to streamline the approval process for the Ontario Heritage Trust (OHT), an MCM Crown agency, to release conservation easements over all or part of properties that do not contain the heritage attributes protected under the easement. This contemplated change would allow the OHT to respond more quickly to requests to release a conservation easement over all or part of a property that does not contain the heritage attributes protected under the easement, helping to facilitate quicker sales, transfers and development on those areas of land. Such properties may be owned by individuals, families, not-for-profit corporations, or other businesses. To achieve this change, MCM is proposing a legislative amendment to the Ontario Heritage Act (OHA).

Currently, the OHT must obtain the Minister’s approval to release all or part of an easement. This proposal would remove the requirement for Minister’s approval where all or partial release of the easement would not affect the heritage attributes protected under the easement.

Under this proposal, the OHT would continue to complete the required due diligence to confirm that the release would not affect the heritage attributes, with its Board of Directors ultimately approving the release. The remaining requirements of the OHA would still apply even after a partial release of the easement, including those imposed by a Minister’s Consent under Part III.1 of the OHA, a designation by-law under Part IV, a heritage conservation district by-law under Part V or the archaeology requirements under Part VI.

Given the above, release of the easement in these situations would be considered to have a low risk of impacting cultural heritage resources.

Shortening the time it takes for the OHT to respond to property owner requests would help limit potential delays in property sales, transfers, or development on these parts of properties where the release would not affect the heritage attributes protected under the conservation easement agreement.

This proposed change would permit the OHT to respond more quickly to an anticipated growing number of requests from property owners to have conservation easements removed from the title to parts of their property to facilitate development. The proposal aligns with the government priority of Rebuilding Ontario’s Economy.

Regulatory Impact Assessment:

A Regulatory Impact Analysis (RIA) is not required for this proposal as the OHT is not a regulated entity as defined under the Modernizing Ontario for People and Businesses Act, 2020.