Ontario Extends Deadline for Heritage Property Designation Under Ontario Heritage Act

On June 6, 2024, the Ontario legislature passed the Homeowner Protection Act, 2024 ("Bill 200"). Schedule 2 of Bill 200 amends the Ontario Heritage Act, R.S.O. 1990, c. O.18 (the “OHA”) by extending the timeframe for municipalities to review “legacy” listed properties included in their heritage registries as of December 31, 2022. Municipalities now have until January 1, 2027, to issue a notice of intention to designate these properties before they must be removed from the register. Bill 200 has also introduced new rules clarifying how a municipality's voluntary removal of a listed property from its register before June 6, 2024, impacts its ability to relist the property.

Background

Section 27 of the OHA provides that municipalities must maintain a register of properties situated within their boundaries that are of cultural heritage value or interest. This register includes properties designated under the OHA but may also list properties that have not yet been designated but have been identified as having cultural heritage value or interest — “listed properties.”

The More Homes Built Faster Act, 2022 ("Bill 23") introduced changes affecting heritage registers. Effective January 1, 2023, municipalities were required to review all non-designated properties on their registers as of December 31, 2022, ("legacy listed properties") by January 1, 2025. If a notice of intention to designate a legacy listed property was not issued by January 1, 2025, it had to be removed from the register and could not be relisted for a period of five years, starting on January 1, 2025.

Bill 23 placed similar limitations and restrictions on properties listed on or after January 1, 2023. These properties can only remain on the register for two years. If no notice of intention to designate is issued within this period, the property must be removed and cannot be re-listed for five years. The two-year timeframe begins on the date the property is listed, and the five-year prohibition against re-listing starts after the two-year period ends.

Timeframe for Reviewing 'Legacy Listed Properties' Extended

Bill 200 has extended the review period for legacy listed properties to January 1, 2027, giving municipalities more time to issue a notice of intention to designate before properties must be removed from the municipality’s register.

Clarifying Listing Rules

Bill 200 has also introduced three new subsections that clarify how a municipality’s voluntary removal of a listed property from the register prior to June 6, 2024, impacts their ability to relist the property.

General Rule

Subsection 27(19) applies to properties removed from the register on or after June 6, 2024. If such a property is voluntarily removed (i.e., not required to be removed by subsections 27(14), 27(15), or 27(16)), the municipality cannot re-list the property for five years from the date of removal.

Exception for Legacy Listed Properties

Subsection 27(20) provides that if a property listed as of December 31, 2022, is removed before June 6, 2024, and this removal is not required by subsection 27(14), then subsections 27(14), 27(16), and 27(18) still apply as if the property had not been removed. The municipality cannot re-list the property on or after the date it would have been removed under subsections 27(14) or 27(16) unless it complies with subsection 27(18). If re-listed, the property remains subject to all relevant rules as if it had never been removed. This exception addresses potential uncertainties and ensures fair treatment during the transition to the new heritage listing rules. Existing listing rules, including legislated timelines and removal requirements, continue to apply despite voluntary removal.

Non-Legacy Listed Properties

Subsection 27(21) applies to properties that were added to the register on or after January 1, 2023, but were then voluntarily removed (i.e., not required to be removed by subsection 27(14)) before June 6, 2024. In this case, the municipalities cannot re-list the property in the register for five years from the date of its removal.

New Regulation-Making Authority

Finally, Bill 200 amends Section 71 of the OHA to include an additional regulation-making authority, allowing the dates prescribed by schedule 2 of Bill 200 to be amended in the future.

Conclusion

The amendments introduced by Bill 200 provide municipalities with additional time and clearer guidelines for managing heritage properties. These amendments are aimed at helping alleviate current municipal resourcing pressures associated with reviewing legacy listed properties by allowing municipalities to extend the work and associated costs over a longer period of time.