Kitchener Act, 1998 - City of Wettlaufer, Wayne — Private Bill PR15 (36th Parliament, 2nd Session)

Bill PR15, 36-2

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Bill PR15, Kitchener Act, 1998 - City of

Wettlaufer, Wayne

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Royal Assent

[36] Bill 15 Royal Assent (PDF)

PR15_E

Bill Pr15 1998

An Act respecting

The Corporation of the City of Kitchener

Preamble

The Corporation of the City of Kitchener has applied for special

legislation in respect of the matters set out in this Act.

It is appropriate to grant the application.

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

Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

building permit" means a building permit issued under

section 8 of the

Building Code Act, 1992\;

Corporation" means The Corporation of the City of Kitchener;

council" means the council of the Corporation;

designated property" means designated property as defined in

section 26 of

the Ontario Heritage Act and property that is treated as designated

property pursuant to

section 30 of the Ontario Heritage Act\;

heritage conservation district" means an area designated as such under

section 41 of the Ontario Heritage Act\;

owner" means the person registered on title in the proper land registry

office as owner.

Application in respect of designated properties

(1) Despite

section 34 of the Ontario Heritage

Act , in considering an application under subsection 34 (1) of that Act

to demolish or remove a building or structure on a designated property, the

council may refuse the application and prohibit any work being done to

demolish or remove the building or structure or any part thereof.

Notice of decision

(2) The council shall within 90 days of receipt of the completed

application or such longer period as is mutually agreed upon by the applicant

and the council,

(

a) give notice of its decision under subsection (1) to the owner and to

the Ontario Heritage Foundation; and

(

b) publish its decision in a newspaper having general circulation in the

municipality.

Deemed consent

(3) If the council fails to notify the owner under clause (2)(a), it shall

be deemed to have consented to the application.

Requirements for demolition

(4) Despite subsection 34 (4) of the Ontario Heritage Act , if a

council has under subsection (1) refused an application under subsection 34

(1) of the Ontario Heritage Act , the owner of the property 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 thereof unless,

(

a) 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;

and

(b) 180 days have elapsed from the date of the decision of the council

under subsection (1).

Same, transitional

(5) Despite subsection 34 (4) of the Ontario Heritage Act , if the

council has, before the coming into force of this Act, refused an application

and prohibited any work to demolish or remove any building or structure on a

property for the period of time provided for under clause 34 (2) (

b) of that

Act, the owner of the property shall not do any work or cause or permit any

work to be done after the date this Act comes into force to demolish or

remove the building or structure or any part thereof unless,

(

a) 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;

and

(b) 180 days have elapsed from the date of the refusal by the council of

the application under clause 34 (2) (

b) of that Act.

If work commenced

(6) Subsection (5) applies even if any work has been commenced on the

demolition or removal of a building or structure before the coming into force

of this Act.

Requirement respecting new building

(7) An owner who is refused by the council under subsection (1) or, if

before the coming into force of this Act, under clause 34 (2) (

b) of the

Ontario Heritage Act , and who subsequently demolishes or removes or

causes or permits to be demolished or removed the building or structure or

any part thereof in accordance with subsection (4) or (5) shall, within two

years of the commencement of the demolition or removal, substantially

complete the new building to be erected on the site.

Application respecting buildings in heritage conservation districts

(1) Despite sections 42 and 43 and subsection 44

(2) of the Ontario Heritage Act , in considering an application under

section 43 of that Act to demolish or remove a building or structure within a

heritage conservation district, the council may refuse the application and

prohibit any work from being done to demolish or remove the building or

structure.

Notice of decision

(2) The council shall, within 90 days of receipt of the completed

application or such longer period as is mutually agreed upon by the applicant

and the council, give notice of its decision under subsection (1) to the

owner and, if the council fails to so notify the owner, it shall be deemed to

have consented to the application.

Requirements for demolition

(3) Despite clause 42 (

c) and subsection 44 (2) of the Ontario

Heritage Act , if the council has under subsection (1) refused an

application under

section 43 of the Ontario Heritage Act and

prohibited any work from being done to demolish or remove a building or

structure, no person shall demolish or remove the building or structure or do

or cause any work to be done in the demolition or removal of the building or

structure or any part thereof unless,

(

a) the person has obtained a building permit to erect a new building on

the site of the building or structure sought to be demolished or removed;

and

(b) 180 days have elapsed from the date of the decision of the council

under subsection (1).

Same, transitional

(4) Despite

section 42 and subsection 44 (2) of the Ontario Heritage

Act , if the council has, before the coming into force of this Act,

refused an application under subsection 43 (2) of that Act, no person shall

do any work or cause any work to be done after the date this Act comes into

force to demolish or remove the building or structure or any part thereof

unless,

(

a) the person has obtained a building permit to erect a new building on

the site of the building or structure sought to be demolished or removed;

and

(b) 180 days have elapsed from the date of the refusal by the council of

the application under subsection 43 (2) of that Act.

If work commenced

(5) Subsection (4) applies even if any work has been commenced on the

demolition or removal of a building or structure before the coming into force

of this Act.

Requirement respecting new building

(6) A person who is refused by the council under subsection (1) or, if

before the coming into force of this Act, under subsection 43 (2) of the

Ontario Heritage Act and who subsequently demolishes or removes or

causes or permits to be demolished or removed the building or structure in

accordance with subsection (3) or (4) shall, within two years of the

commencement of the demolition or removal, substantially complete the new

building to be erected on the site.

Relief from time restriction

(1) A person who has been refused by the council under

subsection 2 (1) or 3 (1) of this Act, or under clause 34 (2) (

b) or

subsection 43 (2) of the Ontario Heritage Act , may apply to the

council for relief from the requirement imposed by subsection 2 (7) or 3

(6) if that person considers that,

(

a) it is not possible to complete a new building within the two-year

period specified in subsection 2 (7) or 3 (6); or

(

b) the construction of a new building has become not feasible on economic

or other grounds.

Notice

(2) Notice of the application under subsection (1) shall be sent by

registered mail to the clerk of the Corporation not less than 45 days before

the expiry of the two-year period within which the new building is to be

substantially completed.

Relief

(3) If the council extends the time under

section 5 for completion of the

new building, the applicant may apply for relief from the extended completion

time if the applicant considers that,

(

a) it is not possible to complete a new building in the extended time;

(

b) the construction of a new building has become not feasible on economic

or other grounds.

Notice

(4) Notice of the application under subsection (3) shall be sent by

registered mail to the clerk of the Corporation not less than 90 days before

the expiry of the extended completion time.

Council may grant relief

(1) The council shall consider an application under

section 4 and may,

(

a) extend the time for completion of the new building; or

(

b) relieve the applicant from the requirement of constructing the new

building.

Where time extended

(2) If time is extended under clause (1) (a), the applicant shall complete

the new building within the extended time.

Where relief granted

(3) If relief is granted under clause (1) (b), the applicant shall

thereafter be deemed not to have contravened this Act by failing to

substantially complete the new building.

Appeal to OMB

(1) Any person who has made application under

section

4 may appeal to the Ontario Municipal Board,

(

a) from the decision of the council; or

(

b) from the refusal or neglect of the council to make a decision within

45 days after the receipt by the clerk of the application.

Same

(2) An appeal under subsection (1) shall be made within 30 days after the

mailing of the notice of decision or after the expiration of the 45-day

period set out in clause (1) (

b) and the Board shall hear the appeal and the

Board on the appeal has the same powers as the council has under

section

Decision final

(3) The decision of the Board is final.

Extension of time

(4) If an appeal has been made to the Board under subsection (1), the

two-year 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.

Dismissal of appeal

(5) If the Board dismisses an appeal from a decision of the council under

subsection (1), the Board may extend the time for completing the new building

for such further period as the Board considers reasonable and the decision of

the Board is final.

Where time extended

(6) If the Board has extended the time for completion of the new building

under subsection (2) or (5), the applicant shall substantially complete the

new building within the extended time.

Service

(1) Any notice required to be given, delivered or

served under this Act is sufficiently given, delivered or served if delivered

personally or sent by registered mail addressed to the person to whom

delivery or service is required to be made at that person's last known

address.

Same

(2) If service is made by mail, the service shall be deemed to be made on

the seventh day after the day of mailing unless the person on whom service is

being made establishes that the notice was not received until a later date

through absence, accident, illness or other cause beyond that person's

control.

Publication

(3) Any notice required to be published in a newspaper having general

circulation in the municipality shall be published in that newspaper once for

each of three consecutive weeks.

Offence

(1) Subject to subsection (2), every person who

knowingly furnishes false information in any application under this Act or in

any statement, report or return furnished under this Act and every director

or officer of a corporation who knowingly concurs in the contravention is

guilty of an offence and on conviction is liable to a fine of not more than

$10,000 or to imprisonment for a term of not more than one year, or to

both.

Same

(2) Every person who on designated property or within a heritage

conservatio

Document details

Collection	Ontario — Bills
Citation	Bill PR15, 36-2
Type	bill
Volume / chapter	p36 s2 bill pr15 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	aaa8eb2a3a8edbba37e746fcf0a4524a499a522c

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