Heritage Designation and Register

Heritage designation is a legal process under the Ontario Heritage Act that recognizes a property’s cultural heritage value or interest.

A designation by-law identifies the reasons for designation and the heritage attributes that contribute to the property’s significance. Heritage attributes may include architectural features, building materials, landscape features, structures, views, or other elements identified in the by-law.

Designation under Part IV of the Ontario Heritage Act recognizes and protects a property’s identified cultural heritage value or interest. The designation by-law identifies the property’s heritage attributes and is registered on title.

Designation does not change property ownership, zoning, permitted land uses, or the ability to apply for a consent to sever. It also does not provide the public or municipal staff with any right to enter the property without the owner’s permission, except where entry is otherwise authorized by law.

Owners remain responsible for the normal upkeep and maintenance of their property in accordance with applicable property standards and other municipal by-laws. Designation does not require an owner to restore a building to an earlier appearance or undertake additional work solely because the property is designated.

However, written approval from Council under the Ontario Heritage Act is required before:

• Altering the property in a manner that is likely to affect the heritage attributes identified in the designation by-law; or
• Demolishing or removing a building, structure, or heritage attribute on the designated property.

Other approvals, such as building permits, planning approvals, or conservation authority permits, may also be required depending on the proposed work. Heritage designation is intended to ensure that changes are considered in a manner that conserves the property’s identified heritage attributes; it does not prohibit all future alterations, additions, or development.

Heritage designation under the Ontario Heritage Act serves to:

1. Recognize properties that are of cultural heritage value or interest;
2. Identify and protect significant heritage attributes and conserve the property’s cultural heritage value or interest;
3. Encourage the ongoing stewardship, maintenance, and conservation od designated heritage properties; and,
4. Promote public awareness, knowledge, and understanding of the community’s cultural heritage resources and their contribution to local identity and character.

Fact: Designation does not require an owner to restore the property, however; home maintenance should be a priority to all owners. Designation focuses on the property’s existing cultural heritage value or interest.

Fact: Designation does not prevent appropriate alteration, additions, or redevelopment. It provides a process for reviewing proposed changes to ensure that identified heritage attributes are conserved. The focus is on how change can occur in a compatible manner, rather than on preventing all change.

Fact: Insurance premiums should not increase because of heritage designation. However, insurance premiums for older buildings may increase for a variety of reasons, such as outdated wiring or heating systems.

Fact: Neglect is expensive – not old buildings. Heritage conservation promotes regular maintenance and a minimal intervention approach that prioritizes retaining and repairing existing heritage attributes where feasible. Designation does not require an owner to restore features that have been altered or removed over time.

Fact: A 2000 University of Waterloo Heritage Resources Centre study examined almost 3,000 designated properties in 24 Ontario communities. The study found no evidence that heritage designation had a negative impact on property values: 74% of designated properties performed at or above the average for their local market, and designated properties generally demonstrated resilience during broader market downturns.

Under Part IV, Section 29 of the Ontario Heritage Act, R.S.O. 1990 a property may be designated if it meets two or more criteria defined by the Province in Ontario Regulation 9/06, which determines whether the property is of cultural heritage value or interest.

The criteria are:

1. The property has design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method.
2. The property has design value or physical value because it displays a high degree of craftsmanship or artistic merit.
3. The property has design value or physical value because it demonstrates a high degree of technical or scientific achievement.
4. The property has historical value or associative value because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community.
5. The property has historical value or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture.
6. The property has historical value or associative value because it demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community.
7. The property has contextual value because it is important in defining, maintaining or supporting the character of an area.
8. The property has contextual value because it is physically, functionally, visually or historically linked to its surroundings.
9. The property has contextual value because it is a landmark. O. Reg. 569/22, s. 1.

Due to recent legislative changes made by the province, all 270 properties will be de-listed from the Municipal Heritage Register as of January 1st, 2027, if they are not designated by by-law by Municipal Council. If they are de-listed, they cannot be re-added to the registry until January 1st, 2032.

It can be re-added to the Municipal Heritage Register with listed status for a period of two years. During that two-year period, it will have interim protection from demolition in which sixty (60) days notice must be provided to Council of any intention to demolish or remove a building or structure. When a property is listed on the Municipal Heritage Register, Council may consider designation.