• When is a municipal heritage committee established?
• What is the jurisdiction of a municipal heritage committee?
• What is the role of municipal council in heritage conservation?
• What is the role of municipal staff?
• What does a municipal heritage committee do?
• What terms of reference are appropriate for a municipal heritage committee?
• Who serves on a municipal heritage committee?
• How are municipal heritage committee members appointed?
• How is a municipal heritage committee funded?
  

When is a municipal heritage committee established?

A municipal heritage committee is established by municipal by-law, and its members are appointed by municipal council in accordance with the provisions of the Ontario Heritage Act. This can be done at any time.

While it is advisable to have a municipal heritage committee in place when considering designation, municipalities can designate individual properties and areas without one. In establishing a heritage committee, council recognizes the need for an active heritage conservation program.

Once council indicates its intention to implement such a program, there are many tasks in the community that a heritage committee can facilitate. Such tasks may include carrying out research, conducting a survey and inventory of local properties of cultural heritage value or interest, developing a community responsibility for its heritage resources through education programming, drafting a heritage policy for the Official Plan of the municipality, and formulating other policies and practices.

Successful heritage conservation at the community level is about involving people in the conservation of community heritage resources. What better way for council to begin the establishment of a heritage conservation program in the community?

What is the jurisdiction of a municipal heritage committee?

Municipal heritage committees can be established by one or more municipalities. "Municipality," under the Ontario Heritage Act, is defined as " a city, town, village, township or improvement district and includes a band under the Indian Act (Canada) that is permitted to control, manage and expend its revenue moneys under section 68 of that Act".

If a lower-tier municipal council chooses, it can delegate its authority to establish a heritage committee to an upper-tier municipality of which it is a part. The Ontario Heritage Act provides that the council of a municipality that forms part of a county, a metropolitan, regional, or district municipality may delegate its power to establish a municipal heritage committee to the council of such county, metropolitan, regional, or district municipality of which it forms a part (s. 36(3)).

What is the role of municipal council in heritage conservation?

To understand the relationship between a municipal council and a municipal heritage committee, we should first examine the role of council in heritage conservation under the Ontario Heritage Act.

Because municipal council's role under the Act is to designate individual property and districts, it has an inherent responsibility to formulate heritage policies and principles, and where possible to initiate a heritage conservation program.

Council is empowered under the Act to:

• establish a municipal heritage committee (s. 28);

• designate individual property under Part IV of the Ontario Heritage Act and designate districts or areas under Part V of the Act(s.29, s.41);

• issue or refuse permits to alter or demolish a designated property under Parts IV and V of the Act(s.33, 34, s.42, 43, 44);

• repeal designation by-laws(s. 31, 32);

• purchase or lease individually designated property(s.36(1));

• expropriate designated property(s.36(2));

• provide grants and loans to designated property owners(s. 39);

• enter into easements and covenants with property owners(s.37(1)).

These statutory powers give rise to the following responsibilities of a municipal council:

• setting the municipal budget to be used for heritage conservation;

• carrying out heritage conservation policies in the Official Plan and its amendments;

• receiving recommendations and consulting with the LACAC, where one is established, and having due regard for the committee's advice on designation, alterations to designated property, demolition, repeal of designation by-laws, and other matters relating to heritage conservation in the municipality.

Council's role and involvement is critical in the implementation of a successful heritage conservation program in the community. Council should be informed at all times of its heritage committee’s operations and recommendations through the committee's minutes, reports to council, annual reports, and involvement in committee activities.

The municipal heritage committee's reporting relationship to council is important. While some committees may report through planning advisory or community development committees or other standing committees, or even through the municipal chief administrative officer, it is important to stress that the more direct the access or reporting relationship the better.

Most councils and municipal heritage committees have found that having one or two municipal council members on the advisory committee maintains lines of communication between the two parties. For instance, the council member can bring the committee's work to the attention of the council, introduce by-laws at the appropriate time, and inform the committee of the council's expectations and requirements.

What is the role of municipal staff?

The role and involvement of municipal staff with the heritage advisory committee varies from municipality to municipality. Staff roles are often dependent on municipal resources. Municipal staff perform administrative functions for the committee; these may include the performance of procedural duties specified by the Act, including service and publication of notices and registration of documents.

The real value in the staff role is consistency in procedure and a guiding hand through municipal procedures. One staff person should be identified as the contact between the public, city hall, and the municipal heritage committee. That person may be able to answer routine inquiries and forward literature on behalf of the committee.

Municipal heritage committees interact or relate to a number of different municipal departments or staff, including the clerk's office, planning, building, legal, recreation and parks, by-law enforcement, property standards, etc.

In larger municipalities, the municipal heritage committee may be assigned to a particular department such as planning or the clerk's office. The department should delineate which of its resources the committee should reasonably expect, for example, a staff liaison, photocopying, meeting space, coffee, letterhead, filing space, typing, etc. Council may also find it useful to make the clerk, municipal solicitor, building inspector, or planner (by virtue of their positions) non-voting members of the committee or resource staff.

What does a municipal heritage committee do?

When a heritage committee is established, it becomes a standing committee of council and an integral part of the municipal structure. The committee functions under the council and normally reports directly to council or through another standing committee.

The roles and responsibilities of municipal heritage committees are discussed in detail in section 3 of this manual. Briefly, these are some of the ways in which they can assist a municipal council:

• examining all the properties and areas that may deserve protection now or in the future;

• facilitating the community's interest and involvement in heritage conservation through a recognized forum;

• promoting heritage conservation within the community;

• advising property owners on appropriate conservation and maintenance practices;

• determining the value of heritage resources for protection through designation;

• providing council with reliable advice to assist them in making decisions on complex issues;

• administering designated property grant programs;

• educating the community to encourage a conservation ethic and a climate of responsible stewardship of the community's heritage assets;

• & more...

What terms of reference are appropriate for a municipal heritage committee?

Citizen participation is essential in heritage conservation. When volunteers serve on a heritage committee they are involved directly in the making of decisions that affect their community. It must be clearly understood, however, that the committee is not autonomous. Established by a municipal by-law, it exercises the authority granted to it by council. All final decisions rest with council.

Obviously, the municipality is best served when there is complete understanding of the roles and relationships between the citizens on the committee and the municipal council. It is the responsibility of municipal council to provide the terms of reference. A clear, well-defined document will go a long way in maintaining a harmonious and productive relationship. The Ministry of Culture recommends that specific terms of reference for the committee be stated in the by-law establishing the committee.

In addition, many municipalities have procedural by-laws for their standing committees governing appointments to the committee, procedures, rules, and duties. Municipal heritage committees should obtain a copy of their municipal procedural by-law from the clerk for their reference.

Who serves on a municipal heritage committee?

Municipal heritage committee members serve their community as volunteers. Anyone with an interest in heritage conservation, and an ability to work with the community, as well as within a municipal framework, can participate in the decision-making processes of their municipality. A commitment of time is essential to accomplish the objectives of the committee.

Heritage conservation issues are often complex. Decisions and policies must be based on reliable technical and professional advice, which also reflects an understanding of the local community. To provide council with this expertise, a well-balanced heritage committee should reflect a wide range of skills and disciplines, such as architectural conservation techniques, management, historical research, and knowledge of the community's heritage.

A broad-based membership that combines the prerequisite skills would be ideal but is not always possible. Some municipalities have found that sharing human resources with a neighbouring municipality is an effective compromise and mutually beneficial. Others have developed on-going training and educational programs that encourage local citizens to acquire new skills and increase community participation in the conservation of local heritage resources.
Municipal councillors and municipal staff can provide the liaison and support to enable a municipal heritage committee to function effectively. They can be valuable committee members, particularly in maintaining working relationships with each municipal department.

Although the Ontario Heritage Act sets a minimum of five members for the municipal heritage committee, most communities have found a membership of seven to eleven to be better. This is a matter for council to decide. Based on the size of the municipality, its organizational structure, and the extent of its heritage program, each council must determine the qualifications and the size of membership that best represents the community it serves.

How are committee members appointed?

Municipal heritage committee members are appointed by council, and are often recruited through advertising or other means. Some municipalities organize orientation sessions for people interested in serving on various committees, prior to accepting applications, so that the volunteers will know exactly what will be expected of them if they are selected to serve.

Terms of service for committee members may vary. Appointments to the committee generally range from one-to three-year terms. The by-law establishing the committee should state how long a person serves on the committee and for how many terms they may be reappointed. Every committee needs constant renewing in the form of keen, new, active members - some experienced, some inexperienced - who join the committee at regular intervals. The committee should look at the pattern of terms of appointment in its municipality to determine what is appropriate for them. A fixed term is recommended.

Some committees, in order not to lose the experience and expertise of former committee members, have set up a category of non-voting associate members, who are consulted on issues or who undertake special projects.

An important issue that council should not overlook when establishing membership criteria is the municipal policy governing conflict of interest. Information on this policy is available from the municipal clerk.

How is a municipal heritage committee funded?

The municipal council is responsible for providing a budget for its municipal heritage committee. Budgets vary across the province, and reflect not only the availability of municipal resources, but they also indicate the extent of the heritage conservation program undertaken by the municipality.

The heritage committee should submit an operating budget once a year to the finance committee or directly to municipal council outlining its activities, expenses, and revenues, if any. The budget process also acts as a strategic planning exercise for the committee to set its program objectives and goals for the year.

While council should provide requisite resources for the effective functioning of the committee, municipal heritage committees may consider seeking support from the private or service sectors in their community for special projects through donations of services, supplies, funding, etc. Committees should follow local municipal guidelines when seeking financial or service support from the community.