Ontario Heritage Amendment Act, 2003 Tsubouchi, Hon. David H. Minister of Culture — Bill 124 (37th Parliament, 4th Session)

Bill 124, 37-4

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 124, Ontario Heritage Amendment Act, 2003

Tsubouchi, Hon. David H. Minister of Culture

Please select

View bill

Status

Debates

Original

[37] Bill 124 Original (PDF)

Bill 124 2003

An Act to amend the Ontario Heritage Act

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

Assembly of the Province of Ontario, enacts as follows:

1. The Ontario Heritage Act is amended by

striking out "Foundation" wherever it occurs in the following provisions and

substituting in each case "Trust":

Part II, with the exception of,

i. subsection 5 (1),

ii.

section 8, in the portion before clause (a), and

iii.

section 10.

2. Clause 29 (3) (a).

3. Sub-subclause 29 (6) (a) (ii) (A).

4. Subclause 29 (6) (b) (i).

5. Sub-subclause 29 (14) (a) (ii) (A).

6. Subclause 29 (14) (b) (i).

7. Clauses 31 (3) (

a) and 32 (2) (a).

8. Clause 33 (4) (b).

9. Subsection 33 (13).

10. Clauses 34 (2) (b), 34.3 (2) (

a) and 41 (3) (a).

11. Subsection 52 (1).

Section 54, in the portion before clause (a).

13. Subsection 55 (2), in the portion before clause

(a).

14. Subsection 62 (1).

(1) The definition of "Foundation" in

section 1 of the Act is repealed.

(2) Section 1 of the Act, as amended by the Statutes of

Ontario, 1993,

chapter 27, Schedule, 2002,

chapter 17,

Schedule F, Table and

2002,

chapter 18,

Schedule F,

section 2, is amended by adding the following

definition:

"Trust" means the Ontario Heritage Trust continued under

section 5.

("Fiducie")

3. (1) Subsection 5 (1) of the Act is

repealed and the following substituted:

Ontario Heritage Trust

(1) The Ontario Heritage Foundation is continued under the name

French.

(2) Subsection 5 (5) of the Act is repealed and the

following substituted:

Term of office

(5) A director may be appointed for a term not exceeding three

years and may be reappointed for successive terms not exceeding three years

each.

4. Clause 7 (

d) of the Act is amended by striking out

"aesthetic and scenic interest" at the end and substituting "aesthetic,

natural and scenic interest".

Section 8 of the Act is amended by striking out "The

directors of the Foundation may, subject to the approval of the Minister,

make such by-laws as are necessary for" at the beginning and substituting

"The directors of the Trust may make such by-laws as are necessary

for".

Section 9 of the Act is amended by striking out

"aesthetic or scenic interest" and substituting "aesthetic, natural or scenic

interest".

Section 10 of the Act, as amended by the Statutes of

Ontario, 1998,

chapter 18,

Schedule B,

section 10 and 2002,

chapter 18,

Schedule A,

section 14, is repealed and the following

substituted:

Further powers of Trust

(1) The Trust, in accordance

with the policies and priorities determined by the Minister for the

conservation, protection and preservation of the heritage of Ontario, and

with the approval of the Minister, may,

(

a) receive and acquire by purchase, donation, lease for a term of more

than five years, public subscription, grant, bequest or otherwise, property

of historical, architectural, archaeological, recreational, aesthetic,

natural and scenic interest for the use, enjoyment and benefit of the people

of Ontario;

(

b) enter into agreements, covenants and easements with owners of real

property, or interests therein, for the conservation, protection and

preservation of the heritage of Ontario;

(

c) subject to the terms of any trust in connection with such property,

dispose of property by sale, lease for a term of more than five years or by

any other manner and execute such deeds or other instruments as may be

required to effect the disposal;

(

d) borrow money for the purpose of carrying out the objects of the Trust

where a guarantee is provided under

section 18.

Same

(2) The Trust, in accordance with the policies and priorities

determined by the Minister for the conservation, protection and preservation

of the heritage of Ontario, may,

(

a) hold, lease for a term of five years or less, preserve, maintain,

reconstruct, restore and manage property of historical, architectural,

archaeological, recreational, aesthetic, natural and scenic interest for the

use, enjoyment and benefit of the people of Ontario;

(

b) conduct and arrange exhibits or other cultural or recreational

activities to inform and stimulate the interest of the public in historical,

architectural and archaeological matters;

(

c) enter into agreements with prospective donors, subject to any

conditions governing the use of property;

(

d) enter into agreements with persons respecting any matter within the

objects of the Trust, and provide financial assistance by way of grant or

loan to persons who are parties to such agreements for the purpose of,

(

i) providing educational, research and communications programs,

(ii) maintaining, restoring and renovating property, and

(iii) providing for the management, custody and security of property;

(

e) engage the services of experts and other persons;

(

f) invest its funds, and sections 26 to 30 of the Trustee Act

apply, with necessary modifications, to the investment of those funds;

(

g) undertake programs of research and documentation of matters relating

to the heritage of Ontario and cause information to be compiled and studies

to be undertaken;

(

h) with the consent of the owner of property, place markers, signs,

cairns or other interpretive facilities in or on the property for the

interest and guidance of the public;

(

i) provide assistance, advisory services and training programs to

individuals, institutions, agencies and organizations in Ontario having

similar aims and objectives as the Trust.

Minister's right to exercise Trust's powers

(3) Despite subsections (1) and (2), the Minister may exercise

any of the powers of the Trust referred to in subsections (1) and (2) if, in

the Minister's opinion, it is necessary in order to ensure the carrying out

of the intent and purpose of this Act.

8. The Act is amended by adding the following

section:

Transition

23.1 Any reference to the Ontario Heritage

Foundation in any Act, regulation, agreement or document in effect

immediately before the day

section 3 of the Ontario Heritage Amendment

Act, 2003 comes into force shall be deemed to be a reference to the

Ontario Heritage Trust.

Section 24 of the Act is amended by adding the

following subsection:

Procedures

(8) Sections 4.3 to 4.6, 5.1, 5.2, 5.4, 6 to 16, 17.1, 21,

21.1, 22, 23, 25.0.1 and 25.1 of the Statutory Powers Procedure Act

apply to the Review Board and any hearing held by the Review Board under this

Act.

10. The Act is amended by adding the following

Part:

PART III.1

STANDARDS AND GUIDELINES FOR

PROVINCIAL HERITAGE PROPERTIES

Heritage standards and guidelines

Definition

25.1

(1) In this Part,

"property" means real property and includes all buildings and structures

thereon.

Application

(2) This Part applies to property,

(

a) that is owned by the Crown in right of Ontario or by a prescribed

public body or organization; or

(

b) that is occupied by a ministry or a prescribed public body or

organization if the terms of the occupancy agreement are such that the

ministry or public body or organization are entitled to make the alterations

to the property that may be required under the heritage standards and

guidelines approved under subsection (5).

Heritage standards and guidelines

(3) The Minister may prepare heritage standards and guidelines

which shall,

(

a) set out the criteria and the process for the identification of

properties referred to in subsection (2) that have a cultural heritage value

or interest of provincial significance; and

(

b) set standards for the protection, maintenance, use and disposal of

property referred to in clause (a).

Consultation

(4) In preparing heritage standards and guidelines under

subsection (3), the Minister shall consult with the affected ministries and

prescribed public bodies and organizations.

Approval

(5) The heritage standards and guidelines prepared by the

Minister shall be approved by the Lieutenant Governor in Council.

Compliance

(6) The Crown in right of Ontario and any ministry or public

body or organization that owns or occupies properties referred to in

subsection (2) shall comply with the heritage standards and guidelines

approved under subsection (5).

Not a regulation

(7) The heritage standards and guidelines approved under this

section are not regulations within the meaning of the Regulations

Act .

11. The heading immediately before

section 26 of the

Act and

section 26 of the Act are repealed and the following

substituted:

Definitions

Definitions

(1) In this Part,

"property" means real property and includes all buildings and structures

thereon.

Same

(2) In sections 27 to 34.4,

"designated property" means property designated by a municipality under

section 29.

12. The Act is amended by adding the following heading

immediately before

section 27:

Designation of Properties by Municipalities

13. (1) Subsection 29 (1) of the Act, as

amended by the Statutes of Ontario, 2002,

chapter 18,

Schedule F,

section 2,

is repealed and the following substituted:

Designation by municipal by-law

(1) The council of a municipality may, by by-law, designate a

property within the municipality to be of cultural heritage value or interest

if,

(

a) where criteria for determining whether property is of cultural

heritage value or interest have been prescribed by regulation, the property

meets the prescribed criteria; and

(

b) the designation is made in accordance with the process set out in this

section.

Notice required

(1.1) Subject to subsection (2), if the council of a

municipality intends to designate a property within the municipality to be of

cultural heritage value or interest, it shall cause notice of intention to

designate the property to be given by the clerk of the municipality in

accordance with subsection (3).

(2) Subsection 29 (11) of the Act is

repealed.

Section 30 of the Act is repealed and the following

substituted:

Effect of notice of designation

Permits void

(1) If a notice of intention to

designate a property as property of cultural heritage value or interest is

given under

section 29, any permit that allowed for the alteration or

demolition of the property and that was issued by the municipality under any

Act, including a building permit, before the day the notice was served on the

owner of the property and on the Trust and published in a newspaper is void

as of the day the notice of intention is given in accordance with subsection

29 (3).

Interim control of alteration, demolition or removal

(2) Sections 33, 34, 34.1 and 34.2 apply with necessary

modifications to property as of the day notice of intention to designate the

property is given under subsection 29 (3) as though the designation process

were complete and the property had been designated under

section 29.

15. (1) Clause 32 (2) (

b) of the Act is

repealed and the following substituted:

(

b) consent to the application and,

(

i) cause notice of the intention to repeal the by-law to be served on the

owner and the Trust, and

(ii) publish notice of the intention to repeal the by-law in a newspaper

of general circulation in the municipality.

(2) Subsection 32 (8) of the Act is

repealed.

(3) Subsection 32 (11) of the Act is repealed and the

following substituted:

Decision of council

(11) After considering a report under subsection (9), the

council without further hearing shall,

(

a) refuse the application and cause notice of its decision to be given to

the owner; or

(

b) consent to the application and,

(

i) cause notice of the intention to repeal the by-law to be served on the

owner and the Trust, and

(ii) publish notice of the intention to repeal the b

Document details

Collection	Ontario — Bills
Citation	Bill 124, 37-4
Type	bill
Volume / chapter	p37 s4 bill 124 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	813ab55595d7b853a4d2755731d4d2a2d450d75a

Source file is stored in the law ingest library (html).