An Act respecting the City of Ottawa — Private Bill PR1 (36th Parliament, 3rd Session)

Bill PR1, 36-3

Ontario — Bills

3RD SESSION, 36TH LEGISLATURE, ONTARIO 48 ELIZABETH II, 1999 Bill Pr1

An Act respecting the City of Ottawa Mr. Guzzo Private Bill 1st Reading April 28, 1999 2nd Reading 3rd Reading Royal Assent Printed by the Legislative Assembly of Ontario

EXPLANATORY NOTE The purpose of the Bill is to enable the council of the City of Ottawa to exercise greater control over the issuance of demolition permits for buildings on properties designated under the Ontario Heritage Act or located in an area defined as a heritage conservation district under that Act.

Bill Pr1 1999

An Act respecting the City of Ottawa

Preamble

Definitions Application in respect of designated properties Notice of decision Deemed consent Requirements for demolition The Corporation of the City of Ottawa 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: 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 Ottawa; “council” means the council of the Corpora- tion; “designated property” means designated prop- erty as defined in

section 26 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. 2.

(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 desig- nated property, the council may refuse the application and prohibit any work being done to demolish or remove the building or struc- ture.

(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 subsec- tion (1) to the owner and to the Ontario Heritage Foundation; and (

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

(3) If the council fails to notify the owner under clause (2)(a), it shall be deemed to have consented to the application.

(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 demoli- tion or removal of the building or structure unless, (

a) the owner has obtained a building per- mit 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 sub- section (1).

(5) Despite subsection 34 (4) of the Ontario Heritage Act , if the council has, before the coming into force of this Act, refused an appli- cation 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 unless, (

a) the owner has obtained a building per- mit 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 applica- tion under clause 34 (2) (

b) of that Act. (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.

(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 subse- quently demolishes or removes or causes or permits to be demolished or removed the building or structure in accordance with sub- section (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. 3.

(1) Despite sections 42 and 43 and sub-

section 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 dis- trict, the council may refuse the application and prohibit any work from being done to de- molish or remove the building or structure. Same, transitional Subsection (5) applies even if work commenced Requirement respecting new building Application respecting buildings in heritage conservation districts

CITY OF OTTAWA 19992 Bill Pr1 Notice of decision Requirements for demolition Same, transitional Subsection (4) applies even if work commenced Requirement respecting new building Relief from time restriction

(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.

(3) Despite clause 42 (

c) and subsection 44 (2) of the Ontario Heritage Act , if the council has, under subsection (1), refused an applica- tion 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 build- ing or structure or do or cause any work to be done in the demolition or removal of the build- ing or structure or any part thereof unless, (

a) the owner has obtained a building per- mit 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 sub- section (1).

(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 unless, (

a) the owner has obtained a building per- mit 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 applica- tion under subsection 43 (2) of that Act. (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.

(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 subse- quently demolishes or removes or causes or permits to be demolished or removed the building or structure in accordance with sub- section (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. 4.

(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.

(2) Notice of the application under subsec- tion (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.

(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 con- siders that, (

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

b) the construction of a new building has become not feasible on economic or other grounds.

(4) Notice of the application under subsec- tion (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. 5.

(1) The council shall consider an applica- tion under

section 4 and may, (

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

b) relieve the applicant from the require- ment of constructing the new building.

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

(3) If relief is granted under clause (1) (b), the applicant shall thereafter be deemed not to have contravened this Act by failing to sub- stantially complete the new building. 6.

(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 coun- cil to make a decision within 45 days after the receipt by the clerk of the application.

(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 5. Notice Relief Notice Council may grant relief Where time extended Where relief granted Appeal to OMB Same

CITY OF OTTAWA 3Bill Pr11999 Decision final Extension of time Dismissal of appeal Where time extended Service Same Publication Offence Same

(3) The decision of the Board is final.

(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 substan- tially completed shall be deemed to be extended to the date of the Board’s decision.

(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.

(6) If the Board has extended the time for completion of the new building under subsec- tion (2) or (5), the applicant shall substantially complete the new building within the extended time. 7.

(1) Any notice required to be given, delivered or served under this Act is suffi- ciently 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.

(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.

(3) Any notice required to be published in a newspaper having general circulation in the municipality shall be published in that newspa- per once for each of three consecutive weeks. 8.

(1) Every person who knowingly fur- nishes 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 know- ingly 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.

(2) Every person who, on designated prop

Document details

Collection	Ontario — Bills
Citation	Bill PR1, 36-3
Type	bill
Volume / chapter	p36 s3 bill pr1 bill text 36 3 en PR001.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e0b828cd552465e97c354c6feca56a4b7c27be7f

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