The Ontario Heritage Act defines the statutory role of municipal heritage committees, but also states that other responsibilities may be assigned to these committees through by-laws passed by the municipal council.

The establishment of a municipal heritage committee by municipal by-law enables a municipality to encourage community participation in local heritage conservation.

In practice, a heritage committee often has a dual responsibility:

• to the municipality - to advise council on heritage issues (under the Ontario Heritage Act); and, to carry out assigned duties according to the municipal by-law or resolution and procedures established by the municipality;

• to the citizens of the municipality - to help ensure that plans for change and progress be developed in a manner which recognizes the historical continuity of their community.

• What is the statutory role of a municipal heritage committee?
• What are some further responsibilities of a municipal heritage committee?
• Sample municipal heritage committee by-law

What is the statutory role of a municipal heritage committee?

The committee’s statutory role is advisory. It is to assist the municipal council in making decisions on any matter relating to the legal designation and conservation of property of cultural heritage value or interest, as individual properties or as heritage conservation districts. The Ontario Heritage Act (s. 28) defines the committee's statutory role as follows:

• to advise and assist the council on all matters relating to Part IV (Conservation of Properties of Cultural Heritage Value or Interest) and on the identification of a potential Heritage Conservation District under Part V;
• to advise and assist the council on other heritage matters as the council may specify by by-law.

Once a heritage committee is established, the council is required under the Ontario Heritage Act to consult with the committee:

• during the designation process for individual properties and for districts;

• on applications to alter designated properties;

• on applications to demolish or remove;

• on applications to repeal designation by-law;

• on easements or covenants.

Specifically under Part IV of the Act, where a municipal heritage committee is established, council is required to consult with the committee:

• before giving its intention to designate a property(s. 29 (2);

• before repealing a by-law or part thereof designating property(s. 31 (2);

• before considering an application from an owner of designated property to repeal the by-law or part thereof designating the property(s. 32 (2);

• on an application to alter a designated property where the alteration is likely to affect the reasons for designation as set out in the by-law designating the property(s. 33 (1);

• on an application to demolish or remove any building or structure on designated property (s. 34 (1)).

• before passing by-laws providing for the entering into of easements or covenants with owners of real property, or interests therein, for the conservation of buildings of cultural heritage value or interest (s. 37 (1));

Specifically, under Part V council is required to consult with Municipal Heritage Committee, where one is established:

• before passing a by-law to define one or more areas as an area to be examined for future designation as a heritage conservation district(s. 40(2)).

What are some further responsibilities of a municipal heritage committee?

A municipal heritage committee’s activities flow from its statutory authority and are part of its advisory functions. Council can assign responsibilities to the committee by municipal council when it establishes the committee and empowers it by by-law, and further responsibilities may be assigned by council resolutions. These include certain basic responsibilities that should be fulfilled by a municipal heritage committee, regardless of its size or location:

Survey, Inventory and Research

Many committees and their councils have begun active heritage conservation programs by examining, researching, and evaluating all the properties and areas that may deserve protection now or in the future. The results of such a survey or inventory can make individual designation decisions easier and more reliable. They can also show the community the value and importance of its architectural and historical heritage.

Community Involvement and Liaison with the Community

The heritage committee enables the community to express its interests in heritage conservation through a recognized forum, and to know and understand heritage issues. Committees can also work in partnership with community organizations on special projects.

Municipal authority cannot provide all the opportunities for heritage conservation in the community. Cooperation and consultation with other heritage and community organizations not only support existing networks, but also promote community involvement.

Information and Education

Municipal heritage committees are active in promoting heritage conservation within communities, as well as advising property owners on appropriate conservation and maintenance practices. They often produce newsletters, descriptive guides, exhibits, and other educational material about notable buildings, streets, and districts, in order to raise community and visitor interest in the distinctive and attractive qualities of their environment.

Municipal Planning

Although municipal heritage committees are established under the Ontario Heritage Act other legislation, such as the Environmental Assessment Act, Planning Act, Niagara Escarpment Planning and Development Act, Municipal Act, Occupational Health and Safety Act, Fire Marshals Act, Conservation Authorities Act, Ontario Building Code, and others, have implications for heritage conservation. Heritage committees can play a role providing data, reviewing heritage studies, advising on mitigation measures, and offering advice and guidance developing heritage conservation policies for the Official Plan, reviewing zoning bylaws to ensure they have regard for and implement heritage conservation.

Committee members should keep in mind that the committee is appointed by municipal council, and in the final analysis is, at all times, responsible and accountable to municipal council.

Municipal Council

The municipal heritage committee has a responsibility to keep municipal council informed of its plans and activities. This is often accomplished through committee minutes, reports, and by appointed council members on the committee as the first line of communication. Another method of ensuring council's awareness is through a Committee Annual Report.

Financial Accountability

A municipal heritage committee is accountable to council for its financial transactions. To meet this obligation, in some municipalities, the municipal treasurer establishes separate records on behalf of the committee, and all bookkeeping and accounting is centralized in the municipal clerk's office according to established municipal procedures.

It is the responsibility of the committee to prepare an annual budget and submit it to council at a time specified by council.

The municipal by-law establishing a municipal heritage committee not only empowers the committee, but also provides the framework for its responsibilities and assists the committee in planning its annual activities.

Sample municipal heritage committee by-law

The following is a sample by-law to illustrate the types of information that may be included in a by-law to set up a municipal heritage committee. This is only one example, and a municipality considering creating a new heritage committee may also wish to consult with neighbouring municipalities about the by-laws used to establish their committees.