Updates on Implementation of Bill 23 Amendments to the Ontario Heritage Act

Phase one included making changes to existing policy and procedures to enable the City to identify and conserve heritage properties undergoing redevelopment within the new Ontario Heritage Act legislative context. Phase one concluded in 2023. Phase two focuses on addressing amendments made to Section 27 of the Ontario Heritage Act that impact Council authorized properties included on the City's Heritage Register (the "Register") that are not yet designated under the Ontario Heritage Act ("Listed Properties"). The Bill 23 amendments to the Ontario Heritage Act that relate to Listed Properties include provisions to deem that properties will be removed from the Register two years after their listing date, if no further action is taken by Council to designate the properties under either Parts IV or V of the Ontario Heritage Act. The original removal deadline of January 1, 2025, was extended an additional two years through Bill 200 for properties on the Register on or before January 1, 2023 ("Legacy Listed Properties"). Properties listed since January 2023 must still be removed on the original timeline. Once removed, Council may not relist any property for a period of five years. The Register contains approximately 3,700 Listed Properties. Within phase two of the City's response to Bills 23 and 200, staff are developing a proactive strategy to designate selected properties based on an applied priority criteria and will implement ways to monitor properties that are believed to hold cultural heritage value or interest following their removal from the Register. Also under consideration is the creation of a publicly accessible record of formerly listed properties to inform owners about the potential cultural heritage value of their properties, and to serve the public interest of the broader community. To provide a greater level of protection for some Listed Properties, following research and evaluation a subset of properties meeting provincial criteria will be recommended for designation under Section 29 of the Ontario Heritage Act. These designations will commence in the fourth quarter of of 2024 and will be subject to future reporting to Council.