FAQs

 Municipal Councils are empowered by the Ontario Heritage Act  (www.culture.gov.on.ca) to designate an individual heritage structure or a heritage conservation district.  The Ontario Heritage Act regulates individually designated properties differently than properties located within a heritage district; individually designated properties are regulated under Part IV and districts are regulated under Part V.

The purpose of individual designation is to recognize the importance of a single, specific property. The purpose of district designation is to recognize the collective importance of a particular area.  Even if there are varying degrees of significance of properties within a district, it is the character as a whole that is important to conserve.  Although the designation of individual properties is a tool to conserve the unique features and/or integrity of a specific building, it is not a tool that can address the preservation and enhancement of a unique ‘sense of place’.  Nor can site-specific designation influence future development/redevelopment on surrounding properties. 

In many areas of Ontario, the built heritage extends beyond the individual buildings to include the spaces between the buildings, the surrounding natural and man-made landscape, roads, footpaths, fences, lighting, street furniture (i.e. benches, waste receptacles) and other features which collectively contribute to the area's unique character.

Heritage District designation is a planning tool that can assist a community to protect and enhance its heritage character by managing and guiding proposed alterations, demolitions, and redevelopment in the particular area.  Heritage district designation is not a tool that can prevent change, rather it enables a municipal council to create a heritage conservation district plan that establishes the community’s vision for the area.  The district plan may contain policies and guidelines that can assist property owners to alter or redevelop their properties in accordance with the community’s vision.

Land use in Ontario is regulated under the Planning Act.  Under this Act, a municipality is empowered to create, implement and enforce an Official Plan and a Zoning By-law.  The Official Plan is a long-term policy document that establishes council’s vision for the development of the city and is used to guide land-use decisions across the entire city. 

The Zoning By-law is also a legal document approved by council.   The Zoning By-law is used to implement the Official Plan.  The Zoning By-law regulates the use of a given property (i.e. residential, commercial, industrial, etc.) and may also define minimum and maximum site characteristics, such as density, height, floor area, location of a building from property lines, and parking requirements. 

Neither the Official Plan nor the Zoning By-law is able to maintain or enhance the particular character of an area (i.e. the characteristics that make an area unique, such as mature vegetation, the aesthetic components of building design, etc.). 

A second piece of Provincial legislation that regulates building and demolition is the Ontario Building Code Act.  For the most part, the Building Code Act is concerned with structural integrity in regard to life safety issues.  The Building Code Act does not address the aesthetic components of building design (i.e. style or materials) nor is any provision made to enable a municipal council to delay or prevent demolition for the purpose of heritage conservation. 

Ultimately, the Planning Act and the Building Code Act do not empower a municipality to conserve the heritage attributes of an area or ensure that new development is compatible with the heritage attributes of an area.mercial, industrial, etc.) and may also define minimum and maximum site characteristics, such as density, height, floor area, location of a building from property lines, and parking requirements. 

Upon designation of a heritage district, a municipaltity is committed to the preservation of entire buildings and will encourage a property owner to retain and reuse the building. Demolition permits may only be issued by City Council.  Usually City staff recommend to City Council that the application be denied. 

If an owner seeks approval from Council to demolish or remove the building from the property, and Council refuses such an application, the refusal is only effective for 180 days from the date of the decision upon the application. This deferral provides a cooling off period during which negotiations, where possible, could take place to save all or part of the building or see it relocated.  If, after this 180 day period, the owner wishes to demolish or remove the building, he or she is free to do so.

N.B. For properties that are not regulated under Part IV or Part V of the Heritage Act, a municipality’s Chief Building Official does not have any ability to deny or delay issuance of a demolition permit.

Part of the heritage district study process is to determine appropriate guidelines that would be included in a heritage district plan. Heritage district plans in other communities typically address elements such as window replacement, building signage, exterior cladding, street lighting and benches.  In addition to any other required approvals (i.e. site plan approval and/or building permit issuance), alterations to properties within a heritage district would require a heritage permit.

Part of the study process is to determine the heritage permit process.  In most municipalities, a heritage permit is free.  In some jurisdictions, a heritage district committee is established to specifically deal swiftly with heritage permits and/or a city staff person reviews the permits. Some heritage permit applications deemed minor in nature are granted on the spot.  Heritage permit applications deemed to be greater in scope are processed concurrently with other approvals that are required for the alteration, development or redevelopment (e.g. work requiring building permit approval, or development approval such as site plans or rezonings).  It is normal practice for a heritage district committee review or staff review of heritage permit applications to be advisory and informal.  Normally, only controversial projects go to a Heritage Burlington LACAC meeting and council for review. 

There are no obligations imposed upon a property owner to change her/his existing property in order to reflect the type of development described in a heritage plan.  Rather, the plan is intended to address new development, redevelopment or alterations as they occur and to guide them in a consistent manner.

At this time, a decision regarding the role of a local community heritage review committee has not been made.  Such a committee would review applications to alter properties within the study area.  Additional research by the consultant and more discussion with residents is needed before a decision regarding the implementation of a heritage permit process can be made.  However, even if a heritage review committee is established, all applications for demolition, new construction, or significant development applications would be determined by city council with recommendations from staff and the existing heritage advisory committee (Heritage Burlington LACAC).