Ontario Heritage Act, Part IV: 
Provincial Powers to Conserve Property of Cultural Heritage Value or Interest of Provincial Significance

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In 2005, changes to the Ontario Heritage Act gave the province a stronger role in the conservation of cultural heritage property. 

 As a result of these changes the Act now enables the Minister of Culture, in consultation with the Ontario Heritage Trust, to designate property of provincial significance and to prohibit the demolition or removal of a building or structure on designated heritage property of provincial significance.  The Act also enables the minister to issue a stop order with respect to any property to prevent alteration, damage, or demolition or removal of any building or structure on the property, if the minister is of the opinion that the property may be of provincial significance.
 
FAQs

When will provincial designation and stop order powers be used?

Under the Ontario Heritage Act and Ontario Regulation 10/06, provincial designation is available only if a property is determined to be provincially significant or is located in parts of the province where there is no incorporated municipality (also known as unorganized territory) and the Minister determines that there is a provincial interest in designating the property.

The Ontario Heritage Act gives all lower tier municipalities the tools they need to identify and protect heritage property should they choose to use them.  For more information on the Ontario Heritage Act, see the Ontario Heritage Tool Kit

The primary responsibility to identify and protect cultural heritage property continues to rest with the municipality. Provincial designation and stop order powers are not substitutes for lack of action at the local level. 

What makes a cultural heritage property provincially significant?

To be considered provincially significant, properties must meet specific provincial significance criteria set out in Ontario Regulation 10/06.  Ontario Regulation 10/06 is available at http://www.e-laws.gov.on.ca/DBLaws/Regs/English/060010_e.htm

How is provincial significance determined?

Under the Act, the Minister of Culture is required to consult with the Ontario Heritage Trust, an agency of the Ministry of Culture to determine provincial significance. The Ontario Heritage Trust applies the criteria for provincial significance set out in Ontario Regulation 10/06 to evaluate provincial significance based on thorough historical research and site analysis. The Ontario Heritage Trust then advises the Minister of Culture on provincial significance. 

What is the process to request provincial designation or stop order?

There is no formal application form for provincial designation or stop orders.    

Any request to the minister should be made in writing and should provide documentation and rationale to support the request, e.g. research supporting a case for provincial significance.

A checklist of preliminary documentation for such a request is available from the Ministry of Culture. Contact the ministry at (416) 212-0644 or Toll Free at 1-866-455-0049 or by email at info.mcl@ontario.ca

How will provincially-owned cultural heritage property be protected and conserved?

Provincially-owned heritage property will be protected under Part III.1 of the Ontario Heritage Act.  Conservation standards and guidelines for the identification and protection of provincially-owned heritage properties are currently under development and will apply to all provincial ministries and prescribed public bodies.

Provincially-owned property is not subject to provincial designation or stop order powers.   

Who can I contact for more information on provincial powers under the Ontario Heritage Act?

For more information on provincial powers please contact the Ministry of Culture at (416) 212-0644 or Toll Free at 1-866-455-0049 or by email at
info.mcl@ontario.ca.

Summer 2007

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The information contained in this InfoSheet should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter.

© Queen's Printer for Ontario, 2007.
If credit is given and Crown copyright is acknowledged, this material may be reproduced for non-commercial purposes.