Part III.1 - Standards and Guidelines for Provincial Heritage Properties

Introduction to Part III.1

Part III.1 was added to the Act by Bill 60, which came into effect on April 28, 2005.  Part III.1 enables the Minister, in consultation with ministries, the Trust and prescribed public bodies to prepare standards and guidelines for the conservation of properties that are owned or controlled by the Province.  It addresses four  separate categories of property:

  • Property owned by the Crown in right of Ontario.
  • Property owned by a “prescribed” public body.
  • Property occupied by a ministry if the terms of the occupancy agreement are such that the ministry is entitled to make “the alterations … that may be required under the heritage standards and guidelines” approved under Part III.1.
  • Property occupied by a “prescribed” public body if the terms of the occupancy agreement are such that the public body is entitled to make “the alterations … that may be required under the heritage standards and guidelines” approved under Part III.1.
O. Reg. 157/10, as amended by O. Reg. 200/11 and O. Reg. 155/14, prescribes a number of public bodies for the purposes of Part III.1 of the Act.
 

Part III.1 provides a process for the approval of “heritage standards and guidelines” to be used for two purposes:

  • Set out the criteria and process for the identification of properties having “cultural heritage value or interest”; and 
  • Set standards for the protection, maintenance, use and disposal of property identified as having “cultural heritage value or interest”.

It is important to note that the Crown and any ministry or “prescribed” public body that owns or occupies the categories of property noted above are required to “comply” with the “heritage standards and guidelines” approved pursuant to Part III.1. (s.25.2(6)).  No designation or listing of particular properties is required to make the heritage standards and guidelines applicable.

Section 25.3 gives the Minister the same powers as a municipality (under to s.37) with respect to property to which Part III.1 applies, in regard to entering into “easements or covenants” with owners “for the conservation of property of cultural heritage value or interest”.

An analysis of the individual subsections to the Act follows, under the title Annotated Act.

  

Annotated Act - Sections 24 to 25.1

PART III.1
STANDARDS AND GUIDELINES FOR PROVINCIAL HERITAGE PROPERTIES  

Legislative History of the Title to Part III.1 

Originally enacted S.O. 2005, c. 6, s.13. [Enactment commenced 28/04/2005]




Click here to expand all subsections below or click on the individual subsection to expand/collapse the detailed analysis for that subsection
  1. 25.2(1) DEFINITION

  2. 25.2(2) APPLICATION

  3. 25.2(3) HERITAGE STANDARDS AND GUIDELINES

  4. 25.2(4) CONSULTATION

  5. 25.2(5) APPROVAL

  6. 25.2(6) COMPLIANCE

  7. 25.2(7) NOT A REGULATION

  8. 25.3 APPLICATION


Material on the Wood Bull website is intended as general information and commentary.  In order to make the Ontario Heritage Act: A Sourcebook a useful resource, we welcome any comments and suggestions.  Please email us.
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