Save Our Architectural Heritage Act, 2000 Marchese, Rosario — Bill 90 (37th Parliament, 1st Session)

Bill 90, 37-1

Ontario — Bills

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Bill 90, Save Our Architectural Heritage Act, 2000

Marchese, Rosario

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[37] Bill 90 Original (PDF)

Bill 90

Bill 902000

An Act to amend

the Ontario Heritage Act

to promote the conservation

of buildings of historic

or architectural value

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

1.Section 34 of the Ontario Heritage Act is repealed and

the following substituted:

Application for demolition

34. (1)No owner of property designated under this Part

shall demolish or remove any building or structure on the property or permit

its demolition or removal unless the owner first applies to the council of

the municipality in which the property is situated and receives its consent

in writing.

Decision of council

(2)The council, after consultation with its local advisory committee, if

any, shall consider the application and, within 90 days after receiving

it,

(a)consent to the application; or

(b)refuse the application and prohibit any work to demolish or remove any

building or structure on the property.

Notice

(3)The council shall cause notice of its decision to be given to the owner

and to the Foundation and to be published in a newspaper having general

circulation in the municipality.

Appeal

(4)The owner may appeal to the Review Board within 30 days after receiving

written notice of the council's decision.

Same

(5)The Review Board shall hear the appeal and,

(a)dismiss it; or

(b)direct that the permit be issued, with or without conditions as

specified in the Review Board's order.

Decision final

(6)The Review Board's decision is final.

2.Part IV of the Act is amended by adding the following

section:

Financial assistance

39.1 The Minister of Finance shall consider the

advisability of providing financial assistance to owners of property

designated under this Part who keep the heritage aspects of the property in a

good state of repair.

3.Clause 42 (

c) of the Act is repealed.

4.Section 44 of the Act is repealed and the following

substituted:

Appeal re application under s. 43

44. (1)Where an application under

section 43 is refused,

the council fails to make a decision on the application within the period

provided for in

section 43 or the council consents to the application but

attaches conditions to the permit, the applicant may appeal to the Review

Board within 30 days after,

(a)the applicant receives written notice of the council's decision; or

(b)the period provided for in

section 43 passes without council making a

decision.

Same

(2)The Review Board shall hear the appeal and,

(a)dismiss it; or

(b)direct that the permit be issued, with or without conditions as

specified in the Review Board's order.

Decision final

(3)The Review Board's decision is final.

5.Section 45 of the Act is amended by striking out "Sections 36,

37, 38 and 39" and substituting "Sections 36, 37, 38, 39 and

39.1".

Transition

6.(1)Section 34 of the Act, as re-enacted by

section 1 of this

Act, applies in respect of applications for demolition that are made on or

after the day this Act comes into force.

(2)Section 44 of the Act, as re-enacted by

section 4 of this Act,

applies in respect of applications under

section 43 that are made on or after

the day this Act comes into force.

Commencement

7.This Act comes into force on the day it receives Royal

Assent.

Short title

8.The

short title of this Act is the Save Our Architectural

Heritage Act, 2000 .

EXPLANATORY NOTE

The Bill makes the following amendments to the Ontario Heritage

Act :

1.Municipal councils are given power to prohibit the demolition of

buildings that have been designated under

Part IV (Conservation of Buildings

of Historic or Architectural Value) and the demolition of buildings in areas

designated under

Part V (Heritage Conservation Districts). Currently, the Act

merely allows councils to delay demolition for 180 days.

2.The council's decision may be appealed to the Conservation Review

Board.

A provision dealing with financial assistance for owners of heritage

property is also included.

Date Bill stage Activity Committee

June 13, 2000

First Reading

Carried

Debates and Progress

First Reading

June 13, 2000

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 90, 37-1
Type	bill
Volume / chapter	p37 s1 bill 90 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4bb5c678f918444315cd1544850b7fc1109ca6d1

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