Proposed Amendments to the Ontario Heritage Act, Schedule 7 of the Protect Ontario by Unleashing our Economy Act, 2025

Schedule 7 of the proposed Protect Ontario by Unleashing our Economy Act, 2025, proposes legislative amendments to the Ontario Heritage Act (OHA) to update enforcement and compliance with respect to the protection of artifacts and archaeological sites. The schedule also includes a proposed amendment that would allow for the exemption from archaeological requirements where it could potentially advance specified provincial priorities. Further details about the proposed changes are outlined below.

Exemption for property

• The proposed amendments, if passed, would authorize the Lieutenant Governor in Council to exempt property from:
  • any requirements in Part VI of the OHA or in regulation related to Part VI of the OHA; or
  • a requirement to conduct an archaeological assessment set out in any other Act or regulation, or instrument under any other Act, other than a provision of the Funeral, Burial and Cremation Services Act, 2002 or a regulation or instrument made under that Act

if in the opinion of the Lieutenant Governor in Council the exemption could advance the following provincial priorities: transit, housing, health and long-term care, other infrastructure or such other priorities as may be prescribed.

• The amendments would include an authority to establish, in regulation, criteria that must be met for a property to be eligible for an exemption. Examples of where a property might not be considered for an exemption could include: former Indian Residential School sites, burials and significant archaeological sites. MCM plans to consult separately on potential criteria for exemptions
• A related immunity provision is also contained within the proposed exemption authority

Expanding existing inspection authorities​

• Currently under the OHA, inspection powers are limited to inspecting those individuals who hold an archaeological licence under the OHA, properties on which they are conducting or have conducted an archaeological assessment, laboratories at which artifacts are analysed, licensees' storage buildings and structures or their professional offices
• The proposed amendments, if passed, would allow the Minister to direct an inspection for the purpose of assessing whether any artifacts or archaeological sites are on any land, or land under water

Establishing an authority for the Minister to order that an archaeological assessment be undertaken​

• The OHA does not currently provide the Minister an authority to order an archaeological assessment be undertaken
• The proposed amendments, if passed, would enable the Minister to direct that no person shall alter or remove an artifact or any other physical evidence of past human use or activity until a licensed archaeologist has completed an archaeological assessment and provided a report confirming that any archaeological sites that may have been found are of no further cultural heritage value or interest

Enhancing powers to seize and direct artifacts​ and archaeological collections

• The proposed amendments, if passed, would enhance the Minister’s existing authority to seize artifacts from licensees in contravention of their licence or a person who is not a licensed archaeologist where they are in possession of artifacts. This would include expanding the Minister’s authority to seize and direct artifacts to include archaeological collections
• The proposed amendments, if passed, would also establish the authority for the Minister to direct artifacts and archaeological collections be deposited with public institutions or Indigenous communities

Authorizing investigations

• The OHA does not currently provide for investigative powers. To-date, investigations have relied on authorities within the Provincial Offences Act (POA)
• The proposed amendments, if passed, would add explicit investigative powers. The ability to authorize investigations under the OHA would include:
  • Minister’s authority to appoint investigators
  • Ability for investigators to obtain a search warrant and conduct investigations for the purpose of investigating offences or potential offences committed under the OHA
  • Details of the investigators’ powers
  • Authorization of searches in exigent circumstances and mandatory production orders for documents or data that may provide evidence of an offence

Setting out a limitations period ​

• As the OHA does not currently provide an express limitation period, the current default limitation period under the POA is six months after the date on which the offence was, or is alleged to have been, committed
• The proposed amendments, if passed, would set out a two-year limitation period from when the offence first comes to the attention of a provincial offences officer appointed under the POA
• The limitations period would apply to any offence under the OHA

Orders to prevent damages

• The proposed amendments, if passed, would authorize court orders to prevent, eliminate or ameliorate damage connected to the commission of an offence

Compensation

• The proposed OHA amendments specify that certain instruments, including regulations and orders made by the Lieutenant Governor in Council, do not entitle persons to compensation

Regulation making authority related to definitions

• The proposed amendments, if passed, would allow for the terms “archaeological collection” and “public institution” to be defined in regulation
• MCM plans to consult separately on proposed definitions for these terms

Regulatory Impact Assessment

If passed, the proposed amendments to the Ontario Heritage Act resulting from Schedule 7 of the Protect Ontario by Unleashing our Economy Act, 2025 would provide enabling authorities assigned to the Minister or Lieutenant Governor in Council. Work is currently underway to analyze possible compliance costs and savings for licenced consultant archaeologists, who are regulated entities under the OHA, and for other impacted stakeholders and individuals that may result from this proposal. To inform this analysis, we encourage you to provide your feedback.