On 2 May 2019, Bill 108, the More Homes, More Choice Act, 2019, received first reading in the Legislature. Schedule 11 of Bill 108 proposes a number of significant changes to the Ontario Heritage Act.
Under the current Ontario Heritage Act, certain decisions of municipal councils may only be appealed to the Conservation Review Board, whose power is limited to making a recommendation to municipal council. Only the refusal of an application for permission to demolish a designated building could be appealed to the Local Planning Appeal Tribunal ("Tribunal").
Under the proposed changes, a number of additional decisions by a municipal council may be appealed to the Tribunal, which can substitute its decision for that of the Council. They include the following:
- the decision to pass a by-law designating a property as having cultural or heritage value;
- the decision to amend a designation by-law;
- the decision to refuse an application to repeal a designation by-law; and
- the decision to refuse an application for permission to alter a designated property.
An unofficial blackline version of the Ontario Heritage Act showing the changes proposed by Bill 108 can be found here. For more information, please contact us at 416-203-7160 or email@example.com.
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