Heritage Framework Transformation: Proposed Amendments to the Ontario Heritage Act, Schedule 17 of the Building Ontario Faster Act, 2026

Heritage Framework Transformation

In November of 2024, the Ministry of Citizenship and Multiculturalism (MCM) launched the Heritage Framework Transformation (HFT). This transformation aims to future-proof Ontario’s heritage framework by streamlining processes, transforming professional oversight, and updating legislation, standards and guidelines, and policies. These improvements will help regulatory systems keep pace with growing demands, support efficient economic and infrastructure development and strengthen collaboration in identifying and conserving cultural heritage resources.  

HFT has included a series of incremental changes to Ontario’s archaeology program, starting with operational, IT and policy changes announced in June 2025, some of which were implemented in Spring 2026. The government is proposing to build on these improvements through proposed amendments to the Ontario Heritage Act (OHA), which if passed, would:

• Establish a tiered, risk-based authorization framework for activities impacting artifacts and archaeological sites, including archaeological assessments:
  • Exempt specific small-scale projects and properties with insufficient archaeological potential, from archaeological assessment requirements.
  • Introduce a permit-by-rule approach for exploratory archaeological assessments, allowing proponents to register and proceed while complying with mandatory requirements.
  • Require advanced archaeological assessments to obtain an authorization through an application-based process with enhanced MCM oversight.
• Replace the current licensing framework for archaeologists with requirements for qualified persons, including regulation-making authority to prescribe qualification requirements for individuals authorized to undertake archaeological work.
• Establish a graduated compliance and enforcement framework.

Taken together, these proposed changes seek to create a framework that is: faster, fairer, and tougher. 

Below is a thematic summary of the amendments to the OHA that are being proposed through Schedule 17 of the Building Ontario Faster Act, 2026. 

Removal of licensing and introduction of an authorization framework

Currently the OHA regulates archaeology and the protection of archaeological sites and collections by licensing archaeologists. The amendments propose to replace this licensing framework with a tiered, risk-based authorization model that aligns regulatory requirements with the level of archaeological risk.

The proposed amendments, if passed, would prohibit: 

• conducting an archaeological assessment, 
• knowingly altering an archaeological site or its protective buffer or removing of an artifact or any other physical evidence of past human use or activity from a site, 
• interference with a prescribed marine archaeological site in specific ways, 

without either first registering the archaeology project or obtaining an authorization for the archaeology project. In either case – registration or authorization – the archaeological assessment could only be done by a qualified person, and in accordance with MCM's regulations, policies, directions, requirements and standards, if any. 

The proposed requirement to either register a project or obtain an authorization would apply to archaeology undertaken in support of development, as well as research and avocational archaeology. The proposed requirement would not apply to certain activities undertaken under the Funeral, Burial and Cremation Services Act, 2002 (e.g. burial site investigations).

Registrations – exploratory archaeology

The proposed amendments set up a permit-by-rule framework where exploratory archaeology (i.e., roughly equivalent to Stages 1-3 of archaeological assessment in the current licensing system) could proceed immediately following registration. The proponent would be responsible for registering the project and attesting that it meets the eligibility requirements for registration. Conditions may be imposed on a registration, either by regulation or set out in the registration, and all work must be conducted in accordance with those conditions. The proposed amendments also set out requirements relating to the registration in the OHA. Requirements would include things such as: 

• Only a qualified person may conduct the archaeological activity and that person must follow any technical standards established by MCM and any such other requirements.
• Providing a report documenting the fieldwork and conclusions.
• Submitting site forms where sites are found.
• Completing all work and reporting by a set due date. 

Further requirements could be set out in regulation, policies or standards. MCM would consult on these, as appropriate, which could include requirements related to Indigenous engagement. The proposed amendments would allow the Minister to amend, revoke, suspend or reinstate a registration under prescribed circumstances. It is also proposed that there are some circumstances where a project that would otherwise qualify for registration would instead be required to obtain an authorization. These include for archaeological activities on properties designated under Part VI of the OHA, all marine archaeological assessments, and where otherwise prescribed by the Minister.

Authorizations – advanced archaeology

Where someone is proposing to undertake advanced archaeology (i.e., the equivalent of Stage 4 archaeological assessment in the current licensing system) a person would have to apply to the Minister following the application process including providing information to support the application, as set out in regulation for an authorization. The Minister would have the authority to issue the authorization for all or some of the work that was part of the application or refuse the application altogether. The person would have to comply with any conditions on the authorization, including conditions imposed by the Minister and any conditions that are prescribed in regulation. 

As with registrations, the proposed amendments would set out some requirements relating to the authorization in the OHA, such as:

• Only a qualified person may conduct the archaeological activity and that person must follow any technical standards established by MCM and any such other requirements. 
• Providing a report documenting the fieldwork and conclusions.
• Submitting site forms where sites are found.
• Completing all work and reporting by a set due date. 

The Crown has a duty to consult and potentially accommodate Indigenous communities when it is contemplating conduct that could adversely affect established or credibly asserted Aboriginal or treaty rights. Where the Minister receives an application for an authorization in accordance with the proposed amendments, the Minister will consider whether the proposed conduct could adversely affect established or credibly asserted Aboriginal or treaty rights.  

The proposed amendments would allow the Minister to refuse, amend, revoke, suspend and reinstate an authorization. If the Minister refuses to issue the authorization, notice would have to be provided to the applicant in accordance with the regulations. The applicant would have 15 days to appeal the refusal to the Ontario Land Tribunal (OLT), who could confirm the refusal or issue the authorization with modifications or conditions.

Limited small-scale exemptions and confirmation of low potential

The amendments propose establishing an exemption from archaeological assessment requirements under other Ontario legislation for certain small-scale projects where specified conditions are met. A person would be exempt from a requirement to do an archaeological assessment where they meet all the following criteria: 

• they follow the ministry's process specified in regulation, and the process indicates that there is archaeological potential but no known archaeological site on the property;
• the subject property is a residential property or other type of property listed in regulation; 
• the project is the installation or construction of a fence, deck, paved driveway, concrete slab on grade, or other project listed in regulation; and
• the project meets any further requirements that may be set out in regulation.

The proposed small-scale exemption would cease to apply if the person becomes aware of an artifact or archaeological site on the property. The person would need to notify MCM in accordance with the regulations, if any. This exemption is proposed to come in to force under the current licensing framework and would be continued under the new authorization framework.

The amendments also propose establishing an exemption from archaeological assessment requirements under other Ontario legislation where a person completes the ministry's process specified in regulation and the process indicates that there is insufficient archaeological potential. 

Data collection and management

The proposed amendments would require the Minister to establish, maintain and operate one or more electronic systems for tracking archaeological sites and areas of archaeological potential in Ontario, submitting notifications of projects where exemptions apply, registrations, applications, archaeological reports and site forms, and any other purposes to be specified in regulation. The proposed amendments would allow the Minister to make regulations governing the system, including rules governing the collection and access to information in the system. 

The proposed amendment would also allow the Minister to collect personal information for the purposes of the OHA, subject to any restrictions that may be set out in regulation.

Changes to Minister’s Designations

Currently the OHA allows the Minister to designate properties of archaeological value under Part VI of the OHA. This includes eight properties containing archaeological and historical sites that were protected under a statute that predates the OHA. Given the proposed new authorization model, it is proposed that the existing permit process for Part VI designated properties be repealed and where an archaeological assessment is proposed, an authorization from the Minister would need to be obtained. 

A series of additional, minor amendments have been proposed to the Minister’s designation powers, including: 

• replacing outdated language and clarifying what property would be eligible for designation,
• updating requirements related to serving notices, 
• making the designations apply until repealed rather than being time limited, and
• removing the requirements to consult with the Ontario Heritage Trust and provide the property owner with compensation. 

Recognizing the Rights and Roles of Indigenous Peoples

The proposed amendments would include a non-derogation clause clarifying that nothing in the Act will be construed so as to abrogate or derogate from the protection provided for the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada as recognized and affirmed in s. 35 of the Constitution Act, 1982.

Feedback from Indigenous communities was considered in developing the new authorization framework. This includes proposals related to requiring earlier Indigenous engagement and consultation, which are being considered as part of the regulatory and operational details that would be required to implement the new framework, if passed. 

Updates to Compliance Tools 

Shifting archaeology oversight to a streamlined, risk-based authorization model requires a strengthened approach to compliance which relies more heavily on downstream compliance oversight to maintain confidence in regulatory outcomes and conservation of artifacts and archaeological sites. A series of amendments have been proposed to adjust existing compliance tools and provide new compliance tools to create a framework that enables timely, proportionate and graduated enforcement actions. 

Current Inspection Powers allow for inspections to assess whether there may be an artifact or archaeological site. An inspection may also assess compliance of a licensed person. This latter authority only allows an inspection of someone who currently holds a licence, not former licensees. The proposed amendments would allow inspections of former licensees and enhance inspection methods. Amendments are further proposed to implement inspection powers under the new authorization model.

Assessment Orders have been maintained with consequential amendments proposed to reflect their application under the proposed authorization framework.

Stop Order powers are proposed to be maintained under the authorization framework. Amendments are proposed to update outdated language referring to property “of archaeological or historical significance” and to allow the Minister to issue a stop order, prohibiting a person from doing anything that could alter, damage or destroy an artifact or archaeological site, where the Minister is of the opinion that land or land under water may contain an artifact or archaeological site and it is likely to be altered, damaged or destroyed. To streamline use of this power, the proposed amendments remove the requirement to consult with the Ontario Heritage Trust prior to issuing the order and make compensation to the property owner as a result of the order discretionary. 

The proposed amendments would introduce a new Compliance Order provision, which would allow individuals appointed by the Minister to issue compliance orders against  persons who the individual believes are contravening or failing to comply or have contravened or failed to comply with a provision of Part VI of the OHA or a prescribed provision of the regulations. There would be a two-step review and appeal process. A person who receives the compliance order could request a review of the order to a person prescribed by the Minister. Where that prescribed person decides to uphold or amend the order, those decisions could be appealed to the OLT.

The proposed amendments would introduce a Conservation Order provision, which would enable the Minister to issue conservation orders requiring prescribed persons to take steps that the Minister determines are necessary to prevent the immediate risk of loss of, damage to or destruction of an artifact or archaeological site. A person who receives this order would be required to comply with the order by the deadline set out in the order. The order would be appealable to the OLT. The proposed amendments would specify that an appeal would not operate as a stay of the order. 

The proposed amendments would introduce a Cost Recovery Order provision, which would enable the Minister to issue an order to a person specified in regulation to compensate the Minister for the costs incurred by the Minister relating to that person’s non-compliance with the Act or regulations. There would be no appeal mechanism for these orders.

The proposed amendments would allow the Minister to impose Administrative Penalties (AMP) of up to $100,000 against a person who has contravened or failed to comply with a prescribed provision of the OHA or the regulations. A regulation would set out which offences are subject to an AMP.  There would be no right to a hearing before an order imposing an administrative penalty is made. However, the person would be able to appeal the order to a prescribed person or entity, to be named in regulation. The proposed amendments would provide that AMPs can be used alone or in conjunction with other measures under the OHA and does not limit the ability to prosecute an offence.

The proposed amendments would introduce changes to the offences provisions in the OHA. The amendments would increase penalties, raising the current maximum fine of $50,000 for individuals and $250,000 for corporations to $1,000,000 for individuals and corporations, and increasing maximum imprisonment from one year to two years. 

The amendments also propose to increase the maximum fine for egregious offences under the OHA from $1,000,000 to $3,000,000. This would apply to a person undertaking prohibited activities, such as interfering with a known archaeological site without a licence or, under the new authorization scheme, without a registration or authorization, as well as the demolition or removal of a building, structure or heritage attribute without the required approval on a property designated under Part IV or V of the OHA.

The proposed amendments would also provide that if a corporation is convicted of an offence and is liable to pay a fine, individuals who were directors and officers of the corporation at the time the offence was committed are jointly and severally liability with the corporation to pay the fine. 

The proposed amendments would authorize the Minister to establish and maintain a public record of compliance and enforcement actions taken in relation to Part VI, including the names of affected persons and other information to be specified in regulation.

Housekeeping Amendments, Regulatory Authorities and Commencement

A number of administrative or consequential amendments have been proposed throughout Parts I, VI, VI.1 and VII of the Act as a result of the proposals outlined above. 

A series of regulation making authorities, both Minister’s and Lieutenant Governor in Council’s (LGIC), have also been proposed. These regulations would govern such matters as: 

• the necessary details to implement the new authorization framework, including requirements related to registrations, applications, qualified persons
• details related to compliance tools, including penalty amounts and process requirements
• requirements related to the public record of compliance, including the ability to collect personal information
• requirements related to establishing and maintaining electronic systems to support the submission and maintenance of data, including records of exemptions, technical archaeology reports, information on archaeological sites and mapping of archaeological potential
• setting out further requirements related to the exemption of small-scale projects, and setting out the process for the determination of archaeological potential 
• authorities to define certain terms or phrases or clarify terms or phrases used within the OHA 
• requirements governing artifacts and collections under the care or possession of prescribed persons or discovered during archaeological assessments, including rules regarding the care, safekeeping and transfer of artifacts and archaeological collections 
• transition rules to move from licensing to authorizations, including the ability to address in-progress archaeology projects.

Subject to the proposed legislative amendments receiving Royal Assent, MCM would consult on any proposed regulations, as needed, in the near future. 

If passed, the amendments to the OHA would come into force on a date to be named in a commencement order. MCM is planning a phased approach to implementation. If passed, MCM anticipates bringing the following into force in Spring 2027: 

• certain definitions, as required
• amendments to inspection provisions related to the authority to inspect work undertaken by former licensees and updated methods of inspection
• amendments to the process for designating and repealing designations of properties under Part VI
• the exemption for small-scale projects under the current licensing framework
• amendments to Stop Orders 
• amendments related to Compliance Orders
• amendments to offences provisions
• certain regulation making authorities to support the above changes

If passed, MCM intends to bring all other provisions into force by the end of 2027, including the new authorization framework.

Regulatory Impact Assessment

Impacts to costs are unknown at this time, as the proposed amendments are enabling in nature and require further details to be established in regulation. The regulatory compliance impacts, including costs and savings, would be determined once regulations are finalised. However, it is anticipated that the proposed changes are expected to reduce administrative burden, improve predictability for land-use planning and development decisions, and accelerate archaeology approvals.