Ontario Heritage Act
2. (1) Section 1 of the Ontario Heritage Act, as amended
by the Statutes of Ontario, 1993, chapter 27,
Schedule, is amended by adding the following definitions:
"building permit" means a building permit issued under section
8 of the Building Code Act, 1992; ("permis de
construire")
"heritage attributes", in relation to a property, means the attributes
of the property that cause it to have cultural
heritage value or interest; ("attributs patrimoniaux")
(2) The definitions of "local advisory committee" and "object" in section 1 of the Act are repealed.
(3) Section 23 of the Act is repealed and the following substituted:
Register
23. The Foundation shall keep a register in which particulars
of all properties designated under Parts IV and VI
and particulars of all heritage conservation districts designated under
Part V shall be entered.
(4) The heading to Part IV of the Act is repealed and the following substituted:
PART IV
CONSERVATION OF PROPERTY
OF CULTURAL HERITAGE VALUE
OR INTEREST
(5) Clause 27 (1) (c) of the Act is repealed and the following substituted:
(c) a short statement of the reason for the
designation of the property, including a description of the
heritage attributes of the property.
(6) Subsection 27 (2) of the Act is amended by striking out "the
fee prescribed by the regulations" at
the end and substituting "the fee set by the municipality by by-law".
(7) Section 28 of the Act, as amended by the Statutes of Ontario,
1993, chapter 27, Schedule, is repealed
and the following substituted:
Municipal heritage committee
28. (1) The council of a municipality may by by-law establish
a municipal heritage committee to advise and
assist the council on matters relating to this Part, matters relating
to Part V and such other heritage matters as
the council may specify by by-law.
Members
(2) The committee shall be composed of not fewer than five members appointed by the council.
Continuation of old committees
(3) Every local architectural conservation advisory committee
established by the council of a municipality
before the day subsection 2 (7) of Schedule F to the Government Efficiency
Act, 2002 comes into force is
continued as the municipal heritage committee of the municipality,
and the persons who were the members of
the local architectural conservation advisory committee immediately
before that day become the members of
the municipal heritage committee.
(8) Subsection 29 (1) of the Act is amended by striking out "to
be of historic or architectural value or
interest" and substituting "to be of cultural heritage value or interest".
(9) Subsection 29 (2) of the Act is amended by striking out "local
advisory committee" wherever it
appears and substituting in each case "municipal heritage committee".
(10) Clause 29 (4) (b) of the Act is repealed and the following substituted:
(b) a short statement of the reason for the
proposed designation, including a description of the heritage
attributes of the property; and
(11) Subsection 29 (6) of the Act is repealed and the following substituted:
If no notice of objection
(6) If no notice of objection is served within the 30-day period under subsection (5), the council,
(a) shall,
(i) pass a by-law designating the property,
(ii) cause a copy of the
by-law together with a short statement of the reason for the designation,
including a description
of the heritage attributes of the property,
(A) to be served on the owner of the property and on the Foundation, and
(B) to be registered against the property affected in the proper land registry office, and
(iii) publish notice of the by-law in a newspaper having general circulation in the municipality; or
(b) shall withdraw the notice of intention to designate the property by causing a notice of withdrawal,
(i) to be served on the owner of the property and on the Foundation, and
(ii) to be published in a newspaper having general circulation in the municipality.
(12) Subsection 29 (14) of the Act is repealed and the following substituted:
Decision of council
(14) After considering the report under subsection (12), the council, without a further hearing,
(a) shall,
(i) pass a by-law designating the property,
(ii) cause a copy of the
by-law together with a short statement of the reason for the designation,
including a description
of the heritage attributes of the property,
(A) to be served on the owner of the property and on the Foundation, and
(B) to be registered against the property affected in the proper land registry office, and
(iii) publish notice of the by-law in a newspaper having general circulation in the municipality; or
(b) shall withdraw the notice of intention to designate the property by causing a notice of withdrawal,
(i) to be served on the owner of the property and on the Foundation, and
(ii) to be published in a newspaper having general circulation in the municipality.
Decision final
(14.1) The decision of the council under subsection (14) is final.
(13) Section 29 of the Act, as amended by the Statutes of Ontario,
1996, chapter 4, section 55, is
amended by adding the following subsection:
Transition
(16) If, on the day subsection 2 (8) of Schedule F to the Government
Efficiency Act, 2002 comes into force,
the clerk of a municipality has given a notice of intention to designate
a property as a property of historic or
architectural value or interest but the council has not yet passed
a by-law so designating the property and has not
withdrawn its notice of intention,
(a) this section does not apply to the notice of intention;
(b) despite its amendment by section 2 of Schedule
F to the Government Efficiency Act, 2002, this section,
as it read immediately before its amendment,
continues to apply to the notice of intention.
(14) Subsection 31 (2) of the Act is amended by striking out "local
advisory committee" wherever it
appears and substituting in each case "municipal heritage committee".
(15) Subsection 32 (2) of the Act is amended by striking out "local
advisory committee" in the portion
before clause (a) and substituting "municipal heritage committee".
(16) Subsection 33 (1) of the Act is repealed and the following substituted:
Alteration of property
(1) No owner of property designated under this Part shall alter
the property or permit the alteration of the
property if the alteration is likely to affect the property's heritage
attributes, as set out in the description of the
property's heritage attributes that was required to be served and registered
under subsection 29 (6) or (14), as
the case may be, unless the owner applies to the council of the municipality
in which the property is situate and
receives consent in writing to the alteration.
Transition
(1.1) If property is designated under this Part as property of
historic or architectural value or interest, either
before the day section 29 of this Act is amended by section 2 of Schedule
F to the Government Efficiency Act,
2002 or under subsection 29 (16) of this Act after that day,
(a) subsection (1) of this section does not apply to the property;
(b) despite its amendment by subsection 2 (16)
of Schedule F to the Government Efficiency Act, 2002,
subsection (1) of this section, as it read
immediately before the day subsection 2 (16) of Schedule F to the
Government Efficiency Act, 2002 came into
force, continues to apply to the property.
(17) Subsection 33 (4) of the Act is repealed and the following substituted:
Decision of council
(4) Within 90 days after the notice of receipt is served on the
applicant under subsection (3), the council, after
consultation with its municipal heritage committee, if one is established,
(a) shall,
(i) consent to the application,
(ii) consent to the application on terms and conditions, or
(iii) refuse the application; and
(b) shall give notice of its decision to the owner of the property and to the Foundation.
(18) Section 34 of the Act is repealed and the following substituted:
Demolition or removal of structure
34. (1) No owner of property designated under this Part
shall demolish or remove a building or structure on the
property or permit the demolition or removal of a building or structure
on the property unless the owner applies
to the council of the municipality in which the property is situate
and receives consent in writing to the
demolition or removal.
Decision of council
(2) Within 90 days after receipt of an application under subsection
(1) or within such longer period as is agreed
upon by the owner and the council, the council, after consultation
with its municipal heritage committee, if one
is established,
(a) may,
(i) consent to the application, or
(ii) refuse the application;
(b) shall give notice of its decision to the owner and to the Foundation; and
(c) shall publish its decision in a newspaper having general circulation in the municipality.
Decision final
(3) The decision of the council under subsection (2) is final.
Deemed consent
(4) If the council fails to notify the owner under clause (2)
(b) within the time period mentioned in subsection
(2), the council shall be deemed to have consented to the application.
Requirements for demolition or removal if council
refuses consent
(5) If the council refuses the application for consent to the
demolition or removal, the owner shall not demolish
or remove the building or structure or do any work or cause or permit
any work to be done in the demolition or
removal of the building or structure or any part of it, unless,
(a) 180 days have elapsed from the date of the council's decision to refuse the application; and
(b) the owner has obtained a building permit
to erect a new building on the site of the building or structure
sought to be demolished or removed.
Transition, prior application
(6) If the decision of the council of a municipality on an application
under subsection (1) is made or to be made
on or after the day subsection 2 (18) of Schedule F to the Government
Efficiency Act, 2002 comes into force,
subsections (2) to (5) of this section apply even if the application
was made before that day.
Transition, prior refusal
(7) If, before the day subsection 2 (18) of Schedule F to the
Government Efficiency Act, 2002 comes into
force, the council of a municipality has refused an application by
an owner of a property designated under this
Part for consent to the demolition or removal of a building or structure
on the property and has prohibited any
work to demolish or remove the building or structure for a period of
180 days from the date of the council's
decision, the owner shall not, on or after the day subsection 2 (18)
of Schedule F to the Government Efficiency
Act, 2002 comes into force, demolish or remove the building or structure
or do any work or cause or permit any
work to be done in the demolition or removal of the building or structure
or any part of it, unless,
(a) 180 days have elapsed from the date of the council's decision to refuse the application; and
(b) the owner has obtained a building permit
to erect a new building on the site of the building or structure
sought to be demolished or removed.
Transition, work commenced
(8) Subsection (7) applies even if work on the demolition or removal
of the building or structure has been
commenced before the day subsection 2 (18) of Schedule F to the Government
Efficiency Act, 2002 comes into
force.
Requirement for new building
34.1 (1) An owner to whom subsection 34 (5) or (7) applies
shall, within two years after commencing the
demolition or removal of the building or structure or any part of it,
substantially complete the new building to be
erected on the site.
Application to council
(2) An owner who is subject to the requirement imposed by subsection
(1) may apply to the council if the
owner considers that,
(a) it is not possible to substantially complete
the new building within the two-year period specified in
subsection (1); or
(b) the construction of the new building is not feasible on economic or other grounds.
Notice of application
(3) To apply to the council under subsection (2), the owner must
give the clerk of the municipality a notice of
application not less than 90 days before the expiry of the two-year
period within which the new building must be
substantially completed.
Decision of council
(4) After considering an application under subsection (2), the council may,
(a) extend the time for substantial completion
of the new building for such further period as the council
considers reasonable;
(b) relieve the owner from the requirement of constructing the new building; or
(c) refuse the application.
Extension of time
(5) If the council extends the time for substantial completion
of the new building under clause (4) (a), the
owner shall substantially complete the new building within the extended
completion time.
Relief from construction requirement
(6) If the council relieves the owner from the requirement of
constructing the new building under clause (4) (b),
the owner's failure to substantially complete the new building shall
be deemed not to contravene this Act.
Refusal of application
(7) If the council refuses the application under clause (4) (c),
the council may extend the time for substantial
completion of the new building for such further period as the council
considers reasonable, and the owner shall
substantially complete the new building within the extended completion
time.
Second application
(8) An owner who is subject to the requirement imposed by subsection
(5) may apply to the council if the
owner considers that,
(a) it is not possible to substantially complete the new building within the extended completion time; or
(b) the construction of the new building has become not feasible on economic or other grounds.
Notice of application
(9) To apply to the council under subsection (8), the owner must
give the clerk of the municipality a notice of
application not less than 90 days before the expiry of the extended
completion time.
Decision of council
(10) After considering an application under subsection (8), the council may,
(a) extend the time for substantial completion
of the new building for such further period as the council
considers reasonable;
(b) relieve the owner from the requirement of constructing the new building; or
(c) refuse the application.
Extension of time
(11) If the council extends the time for substantial completion
of the new building under clause (10) (a), the
owner shall substantially complete the new building within the extended
completion time.
Relief from construction requirement
(12) If the council relieves the owner from the requirement of
constructing the new building under clause (10)
(b), the owner's failure to substantially complete the new building
shall be deemed not to contravene this Act.
Refusal of application
(13) If the council refuses the application under clause (10)
(c), the council may extend the time for substantial
completion of the new building for such further period as the council
considers reasonable, and the owner shall
substantially complete the new building within the extended completion
time.
Appeal to Board
34.2 (1) An owner who makes an application under subsection 34.1 (2) may appeal to the Board,
(a) from a decision of the council under clause 34.1 (4) (a) or (c); or
(b) if the owner has not received any notice
of a decision of the council under subsection 34.1 (4) within
90 days after the notice of application is
given to the clerk under subsection 34.1 (3).
Same
(2) An owner who makes an application under subsection 34.1 (8) may appeal to the Board,
(a) from a decision of the council under clause 34.1 (10) (a) or (c); or
(b) if the owner has not received any notice
of a decision of the council under subsection 34.1 (10) within
90 days after the notice of application is
given to the clerk under subsection 34.1 (9).
Notice of appeal
(3) To appeal to the Board, the owner must give the Board a notice of appeal,
(a) for an appeal under clause (1) (a) or (2)
(a), within 30 days after the day notice of the council's decision
is given to the owner; and
(b) for an appeal under clause (1) (b) or (2)
(b), within 30 days after the expiration of the period set out in
that clause.
Deemed extension of time
(4) If an appeal is made to the Board under subsection (1) or
(2), the period within which the new building is to
be substantially completed shall be deemed to be extended to the date
of the Board's decision.
Board's powers
(5) If an owner appeals under subsection (1) or (2), the Board shall hear the appeal and shall,
(a) extend the time for substantial completion
of the new building for such further period as the Board
considers reasonable;
(b) relieve the owner from the requirement of constructing the new building; or
(c) dismiss the appeal.
Extension of time
(6) If the Board extends the time for substantial completion of
the new building under clause (5) (a), the owner
shall substantially complete the new building within the extended completion
time.
Relief from construction requirement
(7) If the Board relieves the owner from the requirement of constructing
the new building under clause (5) (b),
the owner's failure to substantially complete the new building shall
be deemed not to contravene this Act.
Dismissal of appeal
(8) If the Board dismisses the appeal under clause (5) (c), the
Board may extend the time for substantial
completion of the new building for such further period as the Board
considers reasonable, and the owner shall
substantially complete the new building within the extended completion
time.
Decision final
(9) The decision of the Board on the appeal is final.
Repeal of by-law designating property
34.3 (1) The council of a municipality shall pass a by-law
to repeal a by-law or the part thereof designating a
property under this Part, if the owner of the property has applied
to the council for consent in writing to the
demolition or removal of a building or structure on the property and,
(a) the council consents to the application
under subclause 34 (2) (a) (i) or is deemed to have consented to
the application under subsection 34 (4);
(b) the owner has substantially completed the new building to be erected on the site; or
(c) the council or the Board has relieved the owner from the requirement of constructing the new building.
Duties upon passing a repealing by-law
(2) When the council passes a repealing by-law under this section, the council shall cause,
(a) a copy of the repealing by-law to be served on the owner of the property and on the Foundation;
(b) notice of the repealing by-law to be published
in a newspaper having general circulation in the
municipality;
(c) reference to the property to be deleted from the Register referred to in subsection 27 (1); and
(d) a copy of the repealing by-law to be registered
against the property affected in the proper land registry
office.
Transition
34.4 If, on the day section 4 of Schedule F to the Government
Efficiency Act, 2002 comes into force, a process
relating to a matter dealt with in any of sections 34 to 34.3 of this
Act has been commenced but not completed
under an Act or a part of an Act repealed by section 4 of Schedule
F to the Government Efficiency Act, 2002, the
process shall be continued under sections 34 to 34.3 of this Act.
(19) Subsection 37 (1) of the Act is repealed and the following substituted:
Easements
(1) 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.
(20) Part V of the Act is amended by adding the following section:
Definition
39.1 In this Part,
"property" means real property and includes all buildings and structures thereon.
(21) Part V of the Act is amended by adding the following section:
Register
39.2 (1) The clerk of a municipality shall keep a register
of all heritage conservation districts designated under
this Part that are situate in the municipality and shall ensure that
the register contains a map or description of the
area of each such heritage conservation district.
Extracts
(2) The clerk of a municipality shall issue extracts from the
register referred to in subsection (1) to any person
on payment of the fee set by the municipality by by-law.
(22) Subsection 40 (2) of the Act is amended by striking out "local
advisory committee" wherever it
appears and substituting in each case "municipal heritage committee".
(23) Subsection 41 (1) of the Act is amended by striking out "Subject
to subsection (2)" at the
beginning.
(24) Subsection 41 (2) of the Act is repealed and the following substituted:
Property designated under Part IV
(2) A property that is designated under Part IV may subsequently
be included in an area designated as a heritage
conservation district under this Part, and a property that is included
in an area designated as a heritage
conservation district under this Part may subsequently be designated
under Part IV.
Part IV applies
(2.1) If a property is designated under Part IV and is included
in an area designated as a heritage conservation
district under this Part, the property is subject to Part IV and is
not subject to Part V.
(25) Subsections 41 (3) to (8) of the Act are repealed and the following substituted:
Notice of by-law
(3) If the council of a municipality passes a by-law under this
section designating the municipality or any
defined area or areas of the municipality as a heritage conservation
district, the council shall cause notice of the
passage of the by-law,
(a) to be served on each owner of property
located in the heritage conservation district and on the
Foundation; and
(b) to be published in a newspaper having general circulation in the municipality.
Appeal to Board
(4) Any person who objects to the by-law may appeal to the Board
by giving the clerk of the municipality, within
30 days after the date of publication under clause (3) (b), a notice
of appeal setting out the objection to the
by-law and the reasons in support of the objection, accompanied by
the fee prescribed under the Ontario
Municipal Board Act.
If no notice of appeal
(5) If no notice of appeal is given to the clerk within the time
period specified in subsection (4), the by-law
comes into force on the day following the last day of the period.
If notice of appeal
(6) If a notice of appeal is given to the clerk within the time
period specified in subsection (4), the Board shall
hold a hearing open to the public and, before holding the hearing,
shall give notice of the hearing to such persons
or bodies and in such manner as the Board may determine.
Powers of Board
(7) After holding the hearing, the Board shall,
(a) dismiss the appeal; or
(b) allow the appeal in whole or in part and,
(i) repeal the by-law,
(ii) amend the by-law in such manner as the Board may determine,
(iii) direct the council of the municipality to repeal the by-law, or
(iv) direct the council of the municipality to amend the by-law in accordance with the Board's order.
Dismissal without hearing of appeal
(8) Despite the Statutory Powers Procedure Act and subsections
(6) and (7), the Board may, on its own motion
or on the motion of any party, dismiss all or part of the appeal without
holding a hearing on the appeal if,
(a) the Board is of the opinion that,
(i) the reasons set out in
the notice of appeal do not disclose any apparent ground upon which the
Board
could allow all or part
of the appeal, or
(ii) the appeal is not made
in good faith, is frivolous or vexatious, or is made only for the purpose
of
delay;
(b) the appellant has not provided written reasons in support of the objection to the by-law;
(c) the appellant has not paid the fee prescribed under the Ontario Municipal Board Act; or
(d) the appellant has not responded to a request
by the Board for further information within the time
specified by the Board.
Representations
(9) Before dismissing all or part of an appeal on any of the grounds
mentioned in subsection (8), the Board
shall,
(a) notify the appellant of the proposed dismissal; and
(b) hold a hearing with respect to the proposed
dismissal or give the appellant an opportunity to make
representations with respect to the proposed
dismissal.
Coming into force
(10) If one or more notices of appeal are given to the clerk within the time period specified in subsection (4),
(a) the by-law comes into force when all of such appeals have been withdrawn or dismissed;
(b) if the by-law is amended by the Board under
subclause (7) (b) (ii), the by-law, as amended by the Board,
comes into force on the day it is so amended;
or
(c) if the by-law is amended by the council
pursuant to subclause (7) (b) (iv), the by-law, as amended by the
council, comes into force on the day it is
so amended.
Transition
(11) If, on the day subsection 2 (25) of Schedule F to the Government
Efficiency Act, 2002 comes into force, a
by-law designating a heritage conservation district has been passed
by a municipality and the Board has not begun
to hold a hearing under subsection (6) of this section, as it read
immediately before that day, subsections (3) to
(10) of this section apply to the by-law.
Same
(12) If, on the day subsection 2 (25) of Schedule F to the Government
Efficiency Act, 2002 comes into force, a
by-law designating a heritage conservation district has been passed
by a municipality and the Board has
completed or has begun to hold a hearing under subsection (6) of this
section, as it read before that day, but has
not yet issued its formal order,
(a) subsections (3) to (10) of this section do not apply to the by-law;
(b) despite their repeal by subsection 2 (25)
of Schedule F to the Government Efficiency Act, 2002,
subsections (3) to (8) of this section, as
they read immediately before the day subsection 2 (25) of
Schedule F to the Government Efficiency Act,
2002 came into force, continue to apply to the by-law.
(26) Sections 42, 43 and 44 of the Act are repealed and the following substituted:
Erection, demolition, alteration or removal
of structure
42. (1) If a by-law passed under section 41 designating
a heritage conservation district is in force, no owner of
property located in the heritage conservation district shall erect,
demolish or remove, or permit the erection,
demolition or removal of, any building or structure on the property
or alter, or permit the alteration of, the
external portions of any building or structure on the property, unless
the owner applies to the council of the
municipality in which the property is situate and is given a permit
for the erection, demolition, removal or
alteration.
Application
(2) An application under subsection (1) shall contain or be accompanied
by such information as the council may
require.
Notice of receipt
(3) The council, upon receipt of an application under subsection
(1) together with such information as it may
require under subsection (2), shall cause a notice of receipt to be
served on the applicant.
Decision of council
(4) Within 90 days after the notice of receipt is served on the
applicant under subsection (3) or within such
longer period as is agreed upon by the applicant and the council, the
council may give the applicant,
(a) the permit applied for;
(b) notice that the council is refusing the application for the permit; or
(c) the permit applied for, with terms and
conditions attached, in the case of an application for a permit to
erect, or alter the external portions of,
a building or structure.
Deemed permit
(5) If the council fails to do any of the things mentioned in
subsection (4) within the time period mentioned in
subsection (4), the council shall be deemed to have given the applicant
the permit applied for.
Erection or alteration
(6) In the case of an application under this section for a permit
to erect, or alter the external portions of, a
building or structure, if the council refuses the application or gives
the owner the permit with terms and
conditions attached, the owner may appeal to the Board.
Notice of appeal
(7) To appeal to the Board, the owner must give a notice of appeal
to the Board within 30 days after the owner
receives notice that the council is refusing the application, or receives
the permit with the terms and conditions
attached, as the case may be.
Board's powers
(8) The Board shall hear the appeal and shall,
(a) dismiss the appeal; or
(b) direct that the permit be issued without
terms and conditions or with such terms and conditions as the
Board by its order may direct.
Transition, prior failure to give permit
or notice
(9) If, on the day subsection 2 (26) of Schedule F to the Government
Efficiency Act, 2002 comes into force, an
appeal to the Board, that was commenced under subsection 44 (1) of
this Act as a result of the council's failure
to make a decision within the period provided for in section 43 of
this Act, has not been finally disposed of,
(a) subsection (5) of this section does not apply;
(b) despite its repeal by subsection 2 (26)
of Schedule F to the Government Efficiency Act, 2002,
subsection 44 (1) of this Act, as it read
immediately before the day subsection 2 (26) of Schedule F to the
Government Efficiency Act, 2002 came into
force, continues to apply to the appeal.
Requirements for demolition or removal if council
refuses permit
(10) In the case of an application under this section for a permit
to demolish or remove a building or structure,
if the council refuses the application, the council's decision is final
and the owner shall not demolish or remove
the building or structure or do any work or cause or permit any work
to be done in the demolition or removal of
the building or structure or any part of it, unless,
(a) 180 days have elapsed from the date of
the council's notice to the owner that the council is refusing the
application for the permit; and
(b) the owner has applied to the council under
this section and been given a permit to erect a new building
on the site of the building or structure sought
to be demolished or removed.
Transition, prior application
(11) In the case of an application under this section for a permit
to demolish or remove a building or structure,
if the decision of the council of a municipality is made or to be made
on or after the day subsection 2 (26) of
Schedule F to the Government Efficiency Act, 2002 comes into force,
subsections (2), (3), (4), (5) and (10) of
this section apply even if the application was made before that day.
Transition, prior refusal
(12) If, before the day subsection 2 (26) of Schedule F to the
Government Efficiency Act, 2002 comes into
force, the council of a municipality has refused an application by
an owner of property located in a heritage
conservation district designated under this Part, for a permit to demolish
or remove a building or structure on
the property, the owner shall not, on or after the day subsection 2
(26) of Schedule F to the Government
Efficiency Act, 2002 comes into force, demolish or remove the building
or structure or do any work or cause or
permit any work to be done in the demolition or removal of the building
or structure or any part of it, unless,
(a) 180 days have elapsed from the date of
the council's notice to the owner that the council is refusing the
application for the permit; and
(b) the owner has applied to the council under
this section and been given a permit to erect a new building
on the site of the building or structure sought
to be demolished or removed.
Transition, work commenced
(13) Subsection (12) applies even if work on the demolition or
removal of the building or structure has been
commenced before the day subsection 2 (26) of Schedule F to the Government
Efficiency Act, 2002 comes into
force.
Requirement for new building
43. (1) A person to whom subsection 42 (10) or (12) applies
shall, within two years after commencing the
demolition or removal of the building or structure or any part of it,
substantially complete the new building to be
erected on the site.
Application to council
(2) A person who is subject to the requirement imposed by subsection
(1) may apply to the council, and section
34.1 applies to the application with the necessary modifications.
Appeal to Board
(3) A person who makes an application under subsection (2) may
appeal to the Board, and section 34.2 applies
to the appeal with the necessary modifications.
Transition
44. If, on the day section 4 of Schedule F to the Government Efficiency
Act, 2002 comes into force, a process
relating to a matter dealt with in any of sections 41 to 43 of this
Act has been commenced but not completed
under an Act or a part of an Act repealed by section 4 of Schedule
F to the Government Efficiency Act, 2002, the
process shall be continued under sections 41 to 43 of this Act.
(27) Subsections 48 (1) and (2) of the Act are repealed and the following substituted:
Licence, activity on archaeological sites
(1) Subject to subsection (2), no person shall do any of the following
unless the person applies to the Minister
and is issued a licence under this Part that allows the person to carry
out the activity in question:
1. Carry out archaeological fieldwork.
2. Knowing that a site is a marine or other
archaeological site, within the meaning of the regulations, alter
the site or remove an artifact or any other
physical evidence of past human use or activity from the site.
No licence required
(2) A licence is not required if,
(a) the site is prescribed, or belongs to a class of sites prescribed, by the regulations;
(b) the activity undertaken can be classified
as normal agricultural work or the routine maintenance of
property; or
(c) the activity undertaken is prescribed, or belongs to a class of activities prescribed, by the regulations.
(28) Subsection 48 (4) of the Act is repealed and the following substituted:
Limits of licence
(4) A licence issued under this Part,
(a) is effective only in the geographic area specified in the licence;
(b) subject to subsection (9), is effective
only for the term specified in the licence or, if the licence does
not specify a term, is effective indefinitely;
(c) permits the carrying out of a type of archaeological
fieldwork only if that type of archaeological
fieldwork is specified in the licence; and
(d) may contain such other terms and conditions
to give effect to the purposes of this Part as the Minister
may direct.
(29) Subsections 48 (6), (7), (8) and (9) of the Act are repealed and the following substituted:
Application
(6) An application to the Minister for a licence or renewal of
a licence to carry out archaeological fieldwork
may be made only by an individual.
Same
(7) The application shall contain such information as the Minister
may require and shall be submitted in such
form and manner as the Minister may require.
Issuance of licence
(8) The Minister may issue a licence to an applicant if the applicant
proves, to the satisfaction of the Minister,
that,
(a) the applicant is competent to conduct archaeological
fieldwork in a responsible manner in accordance
with this Part and the regulations;
(b) the past conduct of the applicant does
not afford reasonable grounds for the belief that the
archaeological fieldwork will not be carried
out in accordance with this Part and the regulations;
(c) the activities proposed by the applicant
are consistent with the conservation, protection and preservation
of the heritage of Ontario; and
(d) the applicant is in compliance with such
eligibility criteria and other requirements for the issuance of
the licence as may be prescribed by the regulations.
Revocation and refusal to renew
(9) Subject to section 49, the Minister may refuse to renew or may suspend or revoke a licence,
(a) for any reason that would prevent the Minister
from issuing a licence to the licensee under subsection
(8) if the licensee were an applicant; or
(b) if the licensee is in breach of a term or condition of the licence.
(30) Subsection 49 (1) of the Act is amended by striking out "grant" and substituting "issue".
(31) Subsection 49 (5) of the Act is amended by striking out "grant" and substituting "issue".
(32) Subsection 49 (11) of the Act is repealed and the following substituted:
Request for cancellation
(11) Despite subsection (1), the Minister may cancel a licence
if the licensee requests its cancellation in
writing.
(33) Subsection 50 (2) of the Act is amended by striking out the
portion before clause (a) and
substituting the following:
Continuance pending renewal
(2) If a licensee applies for renewal of a licence before the
end of the term of the licence, the licence shall be
deemed to continue,
. . . . .
(34) Section 51 of the Act, as amended by the Statutes of Ontario,
1993, chapter 27, Schedule, is
amended,
(a) by striking out "object" and substituting "artifact";
(b) by striking out "exploration or field work" and substituting "archaeological fieldwork"; and
(c) by striking out "registration under subsection
49 (1)" at the end and substituting "licence
under subsection 49 (1)".
(35) Subsection 56 (1) of the Act is amended by striking out "object" and substituting "artifact".
(36) Subsection 56 (2) of the Act is amended by striking out "objects"
wherever it appears and
substituting in each case "artifacts".
(37) Section 57 of the Act is amended by striking out "section 55" and substituting "section 56".
(38) Subsection 58 (1) of the Act is amended by striking out "grant" and substituting "issue".
(39) Subsection 59 (2) of the Act, as amended by the Statutes
of Ontario, 1993, chapter 27, Schedule, is
repealed and the following substituted:
Continuance pending renewal
(2) If a permittee applies for renewal of a permit before the
end of the term of the permit, the permit shall be
deemed to continue,
(a) until the renewal is granted; or
(b) where the permittee is served with notice
under section 58 that the Minister proposes to refuse to grant
the renewal, until the time for giving notice
requiring a hearing has expired, or until the Minister after
considering the report of the Review Board
carries out the proposal stated in the notice under subsection
58 (1).
(40) Subsection 62 (1) of the Act is amended by striking out "objects
therefrom" at the end and
substituting "artifacts from the property".
(41) Subsection 65 (1) of the Act is amended by striking out "full
details of the work done, including
details of any stratification or other chronological evidence encountered,
and" and substituting "full
details of the work done and".
(42) Section 65 of the Act is amended by adding the following subsection:
Form and manner
(3) A report under subsection (1) shall be furnished to the Minister,
and particulars under subsection (2) shall
be filed with the Minister, in such form and manner as the Minister
may require.
(43) Section 66 of the Act, as amended by the Statutes of Ontario,
1993, chapter 27, Schedule, is
repealed and the following substituted:
Artifacts may be held in trust
66. (1) The Minister may direct that any artifact taken
under the authority of a licence or a permit be deposited
in such public institution as the Minister may determine, to be held
in trust for the people of Ontario.
Same
(2) Any artifact that is taken by a person who is not a licensee
or by a licensee in contravention of a licence or
this Part may be seized by a person authorized to do so by the Minister
and deposited in such public institution
as the Minister may determine, to be held in trust for the people of
Ontario.
(44) Section 69 of the Act is amended by adding the following subsection:
Exception
(2.1) Despite subsections (1) and (2), if a person is convicted
of the offence of contravening section 34, 34.1
or 34.2, demolishing or removing a building or structure in contravention
of section 42 or contravening section
43, or if a director or officer of a corporation is convicted of knowingly
concurring in such act by the
corporation, the maximum fine that may be imposed is $1,000,000.
(45) Subsection 69 (3) of the Act is repealed.
(46) Subsections 69 (4) and (5) of the Act are repealed and the following substituted:
No offence
(4) A person is not guilty of an offence under subsection (1)
for altering or permitting the alteration of a
property designated under Part IV in contravention of section 33 or
for altering or permitting the alteration of
the external portions of a building or structure located in a heritage
conservation district designated under Part V
in contravention of section 42, if the alteration is carried out for
reasons of public health or safety or for the
preservation of the property, building or structure, after notice is
given to the clerk of the municipality in which
the property, building or structure is situate.
Recovery of restoration costs
(5) If a property designated under Part IV is altered in contravention
of section 33 or if the external portions of
a building or structure located in a heritage conservation district
designated under Part V are altered in
contravention of section 42, the council of the municipality may, in
addition to any other penalty imposed under
this Act, if it is practicable, restore the property, building or structure
as nearly as possible to its previous
condition and may recover the cost of the restoration from the owner
of the property, building or structure,
unless,
(a) in the opinion of the council, the property,
building or structure is in an unsafe condition or incapable of
repair; or
(b) the alteration was carried out for reasons
of public health or safety or for the preservation of the
property, building or structure.
(47) Subsection 69 (6) of the Act is amended by striking out "designated
property" and substituting
"property".
(48) Clause 70 (b) of the Act is repealed.
(49) Clause 70 (d) of the Act is repealed and the following substituted:
(d) governing applications for a licence or renewal of a licence;
(d.1) prescribing classes of a licence;
(d.2) prescribing terms, conditions and limitations
of a licence or a class of licence, including prescribing
the type of archaeological fieldwork that
may be carried out by the holder of the licence or the class of
licence;
(d.3) prescribing the eligibility criteria
and other requirements for the issuance of a licence or a class of
licence;
(50) Clause 70 (f) of the Act is repealed and the following substituted:
(f) prescribing sites or classes of sites for which no licence is required;
(g) prescribing activities or classes of activities for which no licence is required;
(h) defining "archaeological fieldwork", "archaeological
site", "artifact", "cultural heritage" and "marine
archaeological site" for the purposes of this
Act and the regulations.