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Chonews Winter 2019 WINTER / HIVER 20192019 CHO CHOQUARTERLY PUBLICATION OF COMMUNITY HERITAGE ONTARIO/PATRIMOINE COMMUNATAIRE DE L’ONTARIO QUARTERLY PUBLICATION OFnews COMMUNITY HERITAGE ONTARIO/PATRIMOINE COMMUNATAIRE DE L’ONTARIO Missing Designated Properties on the Ontario Heritage Act Register Paul R. King re all your properties recorded Registrar at the Ontario Heritage Trust, A on the Register? Is all the mentioned in the summer 2017 edition backup documentation (e.g. municipal of CHOnews: bylaws, notices, etc.) referenced and Examining the online available via PDF on the Register? I Register can help to am referring to properties designated identify missing bylaws and under Parts IV and V of the Ontario information. You can fill in gaps Heritage Act which are supposed to in the Register by working be recorded, complete with all backup with your Clerk's office or documentation, on the Ontario planning staff to ensure routine Heritage Act Register administered compliance. It is important to by the Ontario Heritage Trust. I would make sure the Register is up- suggest checking this Register which to-date since it provides an is available online at https://www. administrative backup of key heritagetrust.on.ca/en/pages/tools/ heritage documents. ontario-heritage-act-register. I checked Under sections 29(6)(ii)(A) and all designated properties for St. Marys 41(3)(a) of the Ontario Heritage Act, and found 21 properties missing from it is a requirement to inform the the Register, including the iconic Ontario Heritage Trust of each and property shown in the accompanying every designation once a municipal photo and used by Murdoch Mysteries. Andrews Jeweller building, designation bylaw is passed. This I also found that the Register did not 135 Queen Street East, St. Marys includes the requirement that include all documentation for the 25 Photograph: Paul R. King municipalities submit designation designated properties showing up bylaws, notices and other legal on the Register nor documentation Properties and backup documentation documents to the Ontario Heritage for the St. Marys Downtown Heritage can easily be missed for a variety of Trust as part of the designation process. Conservation District. I did an online reasons such as incomplete information Paul R. King is the Chair of search by simply inputting 'St. Marys' being available at the Ontario Heritage Finance for CHO/PCO. and a second advanced search Trust to properly record properties. As for heritage conservation districts. Erin Semande, the Provincial Heritage In This Issue Missing Designated Properties on the Ontario Heritage Heritage is Good Business 5 Act Register 1 Life After the Rails 6 President’s Message 2 Community Heritage Ontario Service Awards 2019 8 Designating the Farm 3 Training Sessions - What Do You Need? 8 Meet the New CHO/PCO Program Officer 4 National Trust Governor's Report 9 Interested in Speaking at a CHO/PCO Workshop? 4 Self-Guided Tour App 12 President’s Message Bill 66 – Potential Impact on Heritage Conservation CHOCHOnewsnews The Ontario Government has tabled legislation, Bill Winter/hiver 2019 66, Restoring Ontario’s Competitiveness Act, with corresponding amendments to other legislation such as CHOnews is published quarterly by Community Heritage Ontario. the Planning Act, which could have an adverse impact on the conservation of heritage resources. Community Heritage Ontario, 24 Conlins Road, The Planning Act amendment would create a ‘new Scarborough, ON M1C 1C3 economic development tool’, the open-for-business by- 416.282.2710 [email protected] law which would be available to municipalities to act quickly to attract businesses seeking development sites. Contributors permit further copying of their works only for the purposes of educating the public on heritage The Proposed Legislation matters. Copyright remains with the A municipality could pass an open-for-business by-law using a streamlined author or creator. Credit must be given to process for proposals that intend to create at least 50 jobs in municipalities with the author or creator and to the source, CHOnews, on all copies made. No work under 250,000 population and 100 jobs for municipalities greater than 250,000. can be reprinted in any published form The process would allow municipalities to pass such by-laws without having to without permission of the copyright holder. ‘strictly adhere to’ its own official plan or zoning by-law or with provincial policies (e.g., the Provincial Policy Statement issued under the Planning Act) or provincial The content of CHOnews does not contain nor reflect any opinion, position, plans (the Greenbelt Plan or the Niagara Escarpment Plan). Bonusing under or influence of the Board of Directors or Section 37 of the Planning Act (sometimes used to conserve heritage properties) the Editor. would be removed and public discussion would be at the discretion of the The financial support of the Ministry of Tourism, Culture and Sport is gratefully municipality. Decisions of the municipality would be final (no appeal permitted), acknowledged. although the Minister of Municipal Affairs and Housing could intervene for up to facebook.com/CHOntario 20 days after the by-law is passed. The government is proposing regulations in twitter.com/CHOntario support of the legislation. Impact on Heritage Conservation ISSN 1201 – 9852 Many municipalities use their official plan, the provincial policy statement (e.g. 2.6.1 – Significant built heritage resources and significant cultural heritage landscapes shall be conserved), their zoning by-law and bonusing provisions under the Planning Act to conserve cultural heritage resources. The proposed legislation would remove the requirement that municipalities adhere to those plans, policies and opportunities when proposals for jobs that meet the criteria are made. At this point, the government is proposing that open-for-business by- laws be limited to uses such as manufacturing and research and development but not residential, commercial or retail as the primary use. So far the regulations are silent on job proposals for office development, warehouse (big box) uses or resource extraction (pits and quarries). Submitted articles must be in Microsoft Word format. Images YOU CAN COMMENT must be sent as .jpg attachments in The legislation has received first reading (December 6, 2018), but you high quality resolution (300 dpi). Do can comment directly to the legislature on the proposed regulations at not embed the images in the text https://ero.ontario.ca/notice/013-4239 until January 19, 2019. You can also of the article. Captions and credits must be provided. submit your comments directly to your member of provincial parliament Newspaper articles as updates and to the member of Parliament who sponsored by the bill, the Honourable to MHC activities cannot be Todd Smith, Minister of Economic Development, Job Creation and Trade at used without permission of the [email protected]. newspaper and/or the original author. Text written by the MHC is Until next time, encouraged. Wayne Morgan Articles are published in the language they are received. 2 CHOnews | www.communityheritageontario.ca | Winter / hiver 2019 Designating the Farm Dan Schneider Ontario’s farms are the creations of immigrants About the rest of the farm there was no agreement. of varied backgrounds who often showed distain, The Town wanted to designate the whole 100- if not outright hostility, for their neighbours. The acre property “including all buildings, cultural landscape mirrors this outlook: no residential farm villages, a system of public roads that bypass farm buildings, and private lanes leading to them. Building sites varied with local conditions but tended to be set well back on the lots. Here was privacy, freedom from the “disagreeable necessity” of gazing at one’s neighbour, and security from passers-by helping themselves to the orchard or kitchen garden.1 nlike many other cultural heritage landscapes, the Illustration from Perth County Historical Atlas, 1879 traditional Ontario farm at least has well-defined U heritage landscape features, and cultivated fields.” edges. Typically, the farm is on a lot of about 100 acres. One The Foundation, which contemplated the sale and property with set boundaries. development of much of the property for residential From a protection standpoint this may make things purposes to support its stewardship of the site, wanted easier — since you’re dealing with a single property the designation limited to the five acres. there will be a single owner. Not surprisingly then, The Board determined that the entire farm warranted the vehicle of choice to protect historic farmscapes designation under the OHA, not so much for its value is individual designation under Part IV of the Ontario as a representative Ontario farm but because of its Heritage Act (OHA), rather than the more cumbersome association with the famous Sir Frederick. heritage conservation district designation, which in In a 2015 case, Quereshi v. Mississauga (City)3 the theory could also be used. In fact, district designation, municipality wanted to designate 2.15 acres at 2625 and the Heritage Conservation District (HCD) plan Hammond Road in Mississauga (expanding an earlier that it requires, may in some ways be more suitable designation that covered the former farmhouse and for farms — large, complex properties with a variety of surroundings). However, most of the original farm cultural and natural resources. had been sold off and the features of a traditional It may surprise you that about 50 Ontario farms have farm — barns and other farm buildings, fences, fields, been designated under Part IV. Although only a few of woodlots, etc. — no longer survived. these are “whole” farms or even large parts of them. The Board recommended against the designation, The most famous farm designated under the OHA concluding that the loss of farm-related attributes is the Banting Homestead near Alliston. The 100-or- was fatal to the argument that a designatable cultural so acre farm was the birthplace and boyhood home heritage landscape extended to the whole 2.15 acres.
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