Designation of Properties by Minister (s.34.5-s.34.9)

Overview - Designation of Properties by Minister [and Alterations and Demolitions/Removals] 

The Minister's designation of property under Part IV to be of “cultural heritage value or interest of provincial significance" requires that the property must (i) meet specified criteria specified by regulation (as set out in O. Reg 10/06) and (ii) be designated by a order in accordance with a process that is specified in section 34.6.  

Sections 34.5 to 34.9 also address proposals to alter a property designated by the Minister; proposals to demolish/remove a building or structure on a property designated by the Minister; and the repeal of the designation.   

Most of the provisions found in sections 34.5 to 34.9 address procedural matters related to these various processes.  For ease of navigation, the sections have been organized into the following:

Annotated Act - Subsection 34.5(1) 

DESIGNATION OF PROPERTIES BY MINISTER

Legislative History 

The heading “Designation of Properties by Minister” was added by S.O. 2005, c.6, s.26. [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. 34.5(1) DESIGNATION BY MINISTER


Click here to expand all subsections below or click on the individual subsection to expand/collapse the detailed analysis for that subsection
  1. 34.5(2) EFFECT OF DESIGNATION

  2. 34.5(3) ALTERATIONS TO PROPERTY

  3. 34.5(4) APPLICATION FOR CONSENT ALTERATION

  4. 34.5(5) SAME

  5. 34.5(6) SAME, DEMOLITION OR REMOVAL

  6. 34.5(7) DECISION OF MINISTER

  7. 34.5(8) NOTICE OF DECISION

  8. 34.5(9) DEEMED CONSENT

  9. 34.5(10) APPLICATION, APPEAL TO BOARD

  10. 34.5(11) DELEGATION

  11. 34.5(12) SCOPE OF DELEGATION

Flow Chart 10: The process for altering a property designated under s.34.5 of the Ontario Heritage Act.  Click on the image below to download the flow chart.

Flow Chart 11: The process for demolishing or removing a structure on a property designated under s.34.5 of the Ontario Heritage Act.  Click on the image below to download the flow chart.


Click here to expand all subsections below or click on the individual subsection to expand/collapse the detailed analysis for that subsection
  1. 34.6(1) DESIGNATION PROCESS

  2. 34.6(2) CONTENT OF NOTICE

  3. 34.6(3) SAME

  4. 34.6(4) OBJECTION

  5. 34.6(5) IF NO NOTICE OF OBJECTION

  6. 34.6(6) REFERRAL OF OBJECTION TO REVIEW BOARD

  7. 34.6(7) HEARING

  8. 34.6(8) PARTIES

  9. 34.6(9) OPEN HEARING

  10. 34.6(10) PLACE OF HEARING

  11. 34.6(11) NOTICE OF HEARING

  12. 34.6(12) COMBINING HEARINGS

  13. 34.6(13) REPORTS

  14. 34.6(14) COPIES

  15. 34.6(15) DECISION OF MINISTER

  16. 34.6(16) DECISION FINAL

  17. 34.6(17) WITHDRAWAL OF OBJECTION

  18. 34.6(18) NO HEARING

  19. 34.7(1) EFFECT OF NOTICE OF DESIGNATION

  20. 34.7(2) INTERIM CONTROL OF ALTERATION, DEMOLITION OR REMOVAL

Flow Chart 7: The process for designation of a property by the Minister to be of cultural heritage value or interest of provincial significance under s.34.5 of the Ontario Heritage Act.  Click on the image below to download the flow chart.

Click here to expand all subsections below or click on the individual subsection to expand/collapse the detailed analysis for that subsection
  1. 34.8(1) REPEAL OF ORDER, MINISTER’S INITIATIVE

  2. 34.8(2) NOTICE OF INTENTION

  3. 34.8(3) CONTENT OF NOTICE

  4. 34.8(4) OBJECTION

  5. 34.8(5) APPLICATION

Flow Chart 8: The process for repealing an order designated under s.34.5 (1), on Minister's initiative.  Click on the image below to download the flow chart.


Click here to expand all subsections below or click on the individual subsection to expand/collapse the detailed analysis for that subsection
  1. 34.9(1) REPEAL OF ORDER, OWNER’S INITIATIVE

  2. 34.9(2) DECISION OF MINISTER

  3. 34.9(3) EXTENSION OF TIME

  4. 34.9(4) DEEMED DECISION

  5. 34.9(5) APPLICATION FOR HEARING

  6. 34.9(6) APPLICATION

  7. 34.9(7) DECISION OF MINISTER

  8. 34.9(8) OBJECTION

  9. 34.9(9) APPLICATION

  10. 34.9(10) REAPPLICATION

Flow Chart 9: The process for repealing an order designated under s.34.5 (1), on owner's initiative.  Click on the image below to download the flow chart.



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.
65 Queen St. West Suite 1400, Toronto, ON M5H 2M5
Wood Bull LLP Logo
Law Firm Marketing | Cubicle Fugitive