Definitions and Applications (s.26-s.26.1)

Part IV - CONSERVATION OF PROPERTY OF CULTURAL HERITAGE VALUE OR INTEREST

1. 26(1) DEFINITION

   26(1) In this Part, 

   “property” means real property and includes all buildings and structures thereon.

   Related Definitions

   Definition, Part II

   4. In this Part, “property” means real and personal property.

   Definition, Part III.1

   25.2 (1) In this Part, “property” means real property and includes all buildings and structures thereon.

   Definition, Part V

   39.1 (1) In this Part ,“property” means real property and includes all buildings and structures thereon.

   Definition, Part VI

   47. In this Part, “property” means real property, but does not include buildings or structures other than ruins, burial mounds, petroglyphs and earthworks.

2. 26(2) SAME (REPEALED)

   Subsection 26 (2) of the Act is repealed. (See: 2019, c. 9, Sched. 11, s. 4)

   Related Definitions

    Definitions, s.1

   “municipality” means a local municipality and includes a band under the Indian Act  (Canada) that is permitted to control, manage and expend its revenue money under section 69 of that Act.

   Definition, Part IV

   26(1) In this Part, “property” means real property and includes all buildings and structures thereon.

   Designation by municipal by-law

   29(1) The council of a municipality may, by by-law, designate a property within the municipality to be of cultural heritage value or interest if,

   (a) where criteria for determining whether property is of cultural heritage value or interest have been prescribed by regulation, the property meets the prescribed criteria; and

   (b) the designation is made in accordance with the process set out in this section.

3. 26(3) PUBLICATION OF NOTICE, CITY OF TORONTO

   26(3) Where the City of Toronto is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the City under section 212 of the City of Toronto Act, 2006 is deemed to satisfy the requirement of this Part to publish notice in a newspaper.

   Related Definitions

   Definitions, s.1

   “municipality” means a local municipality and includes a band under the Indian Act (Canada) that is permitted to control, manage and expend its revenue money under section 69 of that Act.

4. 26(4) PUBLICATION OF NOTICE

   26(4) Where a municipality is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy the requirement of this Part to publish notice in a newspaper.

   Related Definitions

   Definitions, s.1

   “municipality” means a local municipality and includes a band under the Indian Act  (Canada) that is permitted to control, manage and expend its revenue money under section 69 of that Act.

5. 26.0.1 PRINCIPLES

    26.0.1 A council of a municipality shall consider the prescribed principles, if any, when the council exercises a decision-making authority under a prescribed provision of this Part. 2019, c. 9, Sched. 11, s. 3.

6. 26.1(1) APPLICATION

   26.1(1) This Part does not apply to property described in clause 25.2(2)(a).

   Related Definitions

   Definitions, Part IV

   26(1) In this Part, “property” means real property and includes all buildings and structures thereon 2005, c. 6, s. 14.

   Application

   25.2(2) This Part applies to property, (a) that is owned by the Crown in right of Ontario or by a prescribed public body; …[ed. Part III.1].

7. 26.1(2) CONFLICT

   26.1(2) If a property described in clause 25.2(2)(b) is designated under section 29 or under section 34.5, and if there is a conflict between a provision of the heritage standards and guidelines prepared under Part III.1 and a provision in Part IV as they apply to that property, the provision in Part IV prevails.

   Related Definitions

   Application

   25.2(2) This Part applies to property,

   (b) that is occupied by a ministry or a prescribed public body if the terms of the occupancy agreement are such that the ministry or public body is entitled to make the alterations to the property that may be required under the heritage standards and guidelines approved under subsection (5).

   Definition, Part IV

   26(1) In this Part, “property” means real property and includes all buildings and structures thereon.

   Designation by municipal by-law

   29(1) The council of a municipality may, by by-law, designate a property within the municipality to be of cultural heritage value or interest if,

   (a) where criteria for determining whether property is of cultural heritage value or interest have been prescribed by regulation, the property meets the prescribed criteria; and

   (b) the designation is made in accordance with the process set out in this section.

   Designation by Minister

   34.5(1) After consultation with the Trust, the Minister may, by order, designate any property within a municipality or in unorganized territory as property of cultural heritage value or interest of provincial significance if,

   (a) the property meets the criteria prescribed by regulation; and

   (b) the designation is made in accordance with the process set out in section 34.6.

8. 26.1(3) EXCEPTION

   26.1(3) Nothing in subsection (1) shall prevent a municipality acting under subsection 27 (1.2) from including in the register referred to in that subsection a reference to property described in clause 25.2 (2) (a).

   Note: Subsection 26.1 (3) of the Act is amended by striking out “subsection 27 (1.2)” and substituting “subsection 27 (3)”. (See: 2019, c. 9, Sched. 11, s. 5)

   Related Definitions

   Definitions, s.1

   “municipality” means a local municipality and includes a band under the Indian Act  (Canada) that is permitted to control, manage and expend its revenue money under section 69 of that Act.

   Definitions, Part IV

   26(1) In this Part, “property” means real property and includes all buildings and structures thereon 2005, c. 6, s. 14.

   Application

   25.2(2) This Part applies to property, (a) that is owned by the Crown in right of Ontario or by a prescribed public body; …[ed. Part III.1].

   Same [ed. Contents of register]

   27(1.2) In addition to the property listed in the register under subsection (1.1), the register may include property that has not been designated under this Part but that the council of the municipality believes to be of cultural heritage value or interest and shall contain, with respect to such property, a description of the property that is sufficient to readily ascertain the property.