Introduction to Part IV
The title to Part IV refers to the “conservation” of “property of cultural heritage value or interest”. The provisions of this Part consider such “property” under three categories for the purposes of “conservation”: (1) property which is “listed” in the Register maintained by a municipality, (2) property which is “designated” by a municipality, and (3) property which is “designated” by the Minister.
Among other things, Part IV addresses:
- the procedures that must be followed by the municipal council in “listing” or “designating” properties and by the Minister in “designating” properties not owned by the Crown in right of Ontario or by a prescribed public body;
- the procedures relating to appeals from such designations; and
- the procedures that must be followed to obtain relief from such designations.
Furthermore, Part IV establishes most of the consequences of such “listing “or “designation” process in terms of protecting those properties from inappropriate alteration or demolition or removal, inclusive of the authorization of the use of Stop Orders.
A further consequence of a "designation” under this Part is found in section 69 which authorizes enforcement beyond Stop Orders, inclusive of restoration of altered properties “as nearly as possible to its previous condition, if it is practical to do so ...” and the recovery of the costs of such restoration.
Authorization for the Minister to designate properties under Part IV was added to the Act by Bill 60 and came into effect on April 28, 2005. This amendment to Part IV accompanied the introduction into the Act of Part III.1. To the extent that Part IV authorizes the Minister to designate private properties, Part III.1 of the Act is the counterpoint to Part IV in that it applies to properties owned by the Crown in right of Ontario and by a prescribed public body as well as property which is occupied by a ministry or a prescribed public body under terms described in subsection 25.2 (2).
The following diagram illustrates the breakdown of Part IV into its constituent parts. Each of the matters identified in the diagram are discussed in detail through an analysis of the individual subsections to the statute.
Annotated Act - Sections 26 to 39
CONSERVATION OF PROPERTY OF CULTURAL HERITAGE VALUE OR INTEREST
Legislative History of the Title to Part IV
Originally enacted S.O. 1974, c. 122 as “Part IV - Conservation of Buildings of Historic or Architectural Value” [Enactment commenced 05/03/1975]
The original title of Part IV was repealed and substituted with “Part IV - Conservation of Property of Cultural or Heritage Value or Interest” by S.O. 2002, c. 18, Sch. F, s.2(4). [Enactment commenced 26/11/2002]
The former title to Part IV was repealed and substituted with the current title to Part IV of the Act by S.O. 2005, c. 6, s.14. [Enactment commenced 28/04/2005]
An analysis of the individual subsections to the Act can be found under the following headings.