Application for Heritage Permit Designated Property Development Services 37 Main Street East Huntsville, on P1H 1A1 Telephone: (705) 789-1751 Fax: (705) 788-5153

Corporation of the Town of Huntsville

Arts, Cultural & Heritage Advisory Committee AGENDA

Meeting to be held on Tuesday, February 24, 2015 @ 7:00 p.m. in the Huntsville Civic Centre, Municipal Council Chambers

1. CONVENE

2. ADOPTION OF AGENDA

3. DISCLOSURE OF PECUNIARY INTEREST

4. MINUTES - January 27, 2015 – For Information Only 2-8

• Design Input on Public Projects – Process Update – Teri Souter • E-scription to CHO News Update – Teri Souter • Webinar – “The Role of Municipal Heritage Committees” Update – Teri Souter

5. REPORTS

5.1 Report prepared by Teri Souter – Ref. No. CS-2015-12 9-15 Re: Arts, Culture & Heritage Advisory Committee Terms of Reference

5.2 Report prepared by Teri Souter – Ref. No. CS-2015-13 16-22 Re: Memberships and Resources – For Information Only

6. MUNICIPAL HERITAGE COMMITTEE

6.1 Verbal Presentation – Christopher Brown, Senior Planner Re: Green Bug Energy Inc. – For Information Only

6.2 Report prepared by Teri Souter – Ref. No. CS-2015-14 23-29 Re: Municipal Heritage Committee Terms of Reference

6.3 Report prepared by Teri Souter – Ref. No. CS-2015-15 30-44 Re: Designated Heritage Properties Policy

6.4 Report prepared by Teri Souter – Ref. No. CS-2015-22 45-73 Re: Ontario Tool Kit Resources – For Information Only

7. NEW BUSINESS

7.1 Discussion Regarding Small Community Grants – Councillor Wiebe

8. ADJOURNMENT

Corporation of the Town of Huntsville

ARTS, CULTURE & HERITAGE ADVISORY COMMITTEE

Meeting held on Tuesday, January 27, 2015 at 7:00 p.m. in the Huntsville Civic Centre, Municipal Council Chambers ______

Attendance Chair: Micheal Armstrong

Members: Mayor Scott Aitchison, Ex Officio Karen Cassian John Davis John Gallagher Karen Harder Deputy Mayor Karin Terziano Councillor Jonathan Wiebe, Vice-Chair

Absent: Tricia Markle

Staff: Tanya Calleja Manager of Legislative Services Denise Corry Chief Administrative Officer/ Clerk Kari Lambe Exec Dir of Community Services & Economic Development Teri Souter Manager of Arts, Culture & Heritage Andrew Zanier Committee and Records Coordinator (Recording Secretary)

Note: Andrew Zanier, Recording Secretary began the meeting prior to the Chair being selected.

1. CONVENE

Moved by Jonathan Wiebe ACH1-15

IT IS RECOMMENDED THAT: We do now convene as a meeting of the Arts, Culture & Heritage Advisory Committee at 7:05 p.m.

Carried. 2. ADOPTION OF AGENDA

Moved by Jonathan Wiebe ACH2-15

IT IS RECOMMENDED THAT: The Arts, Culture & Heritage Advisory Committee Meeting Agenda, dated January 27, 2015 be adopted as printed and circulated

Carried.

NEW BUSINESS

Staff and Committee Introductions

All members of the Committee and Town staff introduced themselves.

Committee Orientation

Andrew Zanier presented a PowerPoint presentation outlining Committee meeting rules and procedures.

3. APPOINTMENT OF CHAIR AND VICE-CHAIR

Moved by Jonathan Wiebe ACH3-15

IT IS RECOMMENDED THAT: Micheal Armstrong be appointed as Chair of the Arts, Culture, & Heritage Advisory Committee for the remainder of the Committee term (2014- 2018). Carried.

Moved by Duncan Ross ACH4-15

IT IS RECOMMENDED THAT: Jonathan Wiebe be appointed as Vice-Chair of the Arts, Culture, & Heritage Advisory Committee for the remainder of the Committee term (2014- 2018). Carried.

4. DISCLOSURE OF PECUNIARY INTEREST

- Nil -

5. NEW BUSINESS

5.1 Committee Orientation

Item addressed above.

5.2 Committee Composition

Kari Lambe outlined the reasoning for establishing this Committee was to utilize citizen experience and knowledge in shaping strategic initiatives related to arts culture and heritage for the Town of Huntsville.

Mayor Aitchison noted that advisory committees were established in order to enable a greater amount of citizen engagement in municipal decisions. The advisory committees would contribute to a master plan that encompasses all of the various plans that the municipality has.

5.3 Terms of Reference

Teri Souter noted that this Committee needs to establish a terms of reference and she would present a draft for consideration at the next meeting.

5.4 Town Studies, Plans and Policies

Teri Souter encouraged Committee members to review all Town studies, plans and policies found on the Town of Huntsville’s website.

6. MUNICIPAL HERITAGE COMMITTEE

At this time, the Arts, Culture & Heritage Advisory Committee convened as a Municipal Heritage Committee at 8:00 p.m. and reconvened as the Arts, Culture & Heritage Advisory Committee at 9:00 p.m.

NEW BUSINESS II

Duncan Ross noted that he would like to see further discussions on heritage at future meetings.

3 John Gallagher noted that the Town needed to promote its heritage for tourism.

John Davis noted that there are major cultural milestones with this term of Council and this Committee should be playing a role in these events.

8. ADJOURNMENT

Moved by Jonathan Wiebe ACH5-14

IT IS RECOMMENDED THAT: We do now adjourn at 9:10 p.m. to meet again on Tuesday, February 24, 2015 at 7:00 p.m., or at the call of the Chair, in the Huntsville Municipal Council Chambers. Carried.

______Micheal Armstrong, Chair

4 Corporation of the Town of Huntsville

ARTS, CULTURE & HERITAGE ADVISORY COMMITTEE

Meeting held on Tuesday, January 27, 2015 at 7:00 p.m. in the Huntsville Civic Centre Council Chambers ______

- Nil -

Corporation of the Town of Huntsville

MUNICIPAL HERITAGE COMMITTEE

Meeting held on Tuesday, January 27, 2015 at 8:00 p.m. in the Huntsville Civic Centre, Municipal Council Chambers ______

Attendance Chair: Michael Armstrong

Members: Mayor Scott Aitchison, Ex Officio Karen Cassian John Davis John Gallagher Karen Harder Deputy Mayor Karin Terziano Councillor Jonathan Wiebe, Vice-Chair

Absent: Tricia Markle

Staff: Tanya Calleja Manager of Legislative Services Denise Corry Chief Administrative Officer / Clerk Kari Lambe Exec Dir of Community Services & Economic Development Teri Souter Manager of Arts, Culture & Heritage Andrew Zanier Committee and Records Coordinator (Recording Secretary)

1. CONVENE

Moved by Jonathan Wiebe MHC1-15

IT IS RECOMMENDED THAT: We do now convene as a meeting of the Municipal Heritage Committee at 8:00 p.m. Carried.

2. DISCLOSURE OF PECUNIARY INTEREST

- Nil –

3. NEW BUSINESS

3.1 Comment on Stephenson Road #1 Bridge

Item addressed below.

3.2 Town of Huntsville Cemeteries

Teri Souter noted that none of the Town cemeteries are designated heritage properties.

3.3 Heritage of Hunters Bay Trail

Teri Souter noted that the Hunters Bay trail has heritage value, however it is not a designated heritage property.

A question was asked as to the type of value that the trail holds.

Ms. Souter replied that the trail was part of an ancient path used by First Nations.

6 Municipal Heritage Committee Meeting – January 27, 2015 - 2 -

3.4 Family Day – Heritage Week – Feb 16 to 22

Teri Souter noted that the Muskoka Heritage Place museum would be open on Family Day and that that there would be several events taking place in town during Heritage Week.

3.5 Community Heritage Ontario News

Teri Souter noted that the Community Heritage Ontario publication was a useful resource for Heritage Committees to consult.

3.6 Ontario Heritage Trust - CNR Station Signals on Roof

Teri Souter noted that the signal arm installation at the train station had been verbally approved by the Ontario Heritage Trust, despite the approval process not being correctly followed by the tenant.

Comment on Stephenson Road #1 Bridge

Teri Souter noted that the bridge was being replaced and requested comment from the Municipal Heritage Committee.

An extensive discussion took place concerning the heritage value of the bridge.

Moved by Jonathan Wiebe MHC2-14

WHEREAS: Municipal Heritage Committee has not received or been presented with any submissions or requests for designation of the Stephenson Rd. 1 Bridge as a Municipal Heritage site;

THEREFORE, IT IS RECOMMENDED THAT: The Municipal Heritage Committee is aware of the Stephenson Rd. 1 Bridge replacement project and confirms that the committee has no comment or concerns related to the potential local heritage value of the structure to be addressed in the Heritage impact Assessment. Carried.

4. ADJOURNMENT

Moved by Jonathan Wiebe MHC3-15

IT IS RECOMMENDED THAT: We do now adjourn as the Municipal Heritage Committee at 9:00 p.m. and reconvene as the Arts, Culture & Heritage Advisory Committee.

Carried.

______Michael Armstrong, Chair

7 Municipal Heritage Committee Meeting – January 27, 2015 - 3 -

Corporation of the Town of Huntsville

MUNICIPAL HERITAGE COMMITTEE

Meeting held on Tuesday, January 27, 2015 at 8:00 p.m. in the Huntsville Civic Centre Council Chambers ______

RECOMMENDATIONS

1. Comment on Stephenson Road #1 Bridge

Moved by Jonathan Wiebe MHC2-15

WHEREAS: Municipal Heritage Committee has not received or been presented with any submissions or requests for designation of the Stephenson Rd. 1 Bridge as a Municipal Heritage site;

Carried.

TOWN OF HUNTSVILLE

DIVISION CAO’s Office Fire Clerks Human Resources & Corporate Information Community Services & Econ. Dev. Treasury Development Services Transportation Infrastructure

DEPARTMENT: Arts, Culture & Heritage

REPORT # CS-2015-12

Confidential: Yes No

To: Arts, Culture & Heritage Advisory Committee

From: Teri Souter, Manager of Arts, Culture & Heritage

Date Prepared: February 8, 2015

Meeting: February 24, 2015

Subject: Arts, Culture & Heritage Advisory Committee Terms of Reference

RECOMMENDATION:

Requires Action For Discussion Only

IT IS RECOMMENDED THAT: Report, Reference No. CS-2015-12 dated February 24, 2015 prepared by Teri Souter, Manager of Arts, Culture & Heritage regarding “Arts, Culture & Heritage Advisory Committee Terms of Reference” be received;

AND FURTHER THAT: Committee accepts the Terms of Reference as presented.

ORIGIN / BACKGROUND

Following the municipal election of 2014, Mayor Aitchison and Council directed that the organizational structure include advisory committees to provide a channel of two-way communication between community members and council. Further, Mayor Aitchison attended the inaugural meeting of the Arts, Culture & Heritage Advisory Committee (ACHAC) and provided a framework for their input based on reviewing and suggesting strategic direction to mayor and council in the areas of Arts, Culture & Heritage.

DISCUSSION

Terms of Reference in use in Municipalities in Ontario for the Arts & Culture were researched by staff. Samples from other municipalities were provided at the inaugural ACHAC meeting on January 27, 2015.

FINANCIAL IMPLICATIONS – (Manager of Finance / Treasurer must sign Report)

9 Yes (If yes, fill in below) No

INSURANCE/RISK MANAGEMENT IMPLICATIONS – (Risk Management & Purchasing Coordinator must sign Report)

Yes (If yes, fill in below) No

HUMAN RESOURCES IMPLICATIONS – (Executive Director of Human Resources & Corporate Information must sign Report)

Yes (If yes, fill in below) No

SUSTAINABILITY IMPLICATIONS – (Executive Director of Development Services must sign Report)

Yes (If yes, fill in below) No A broad base of community engagement in strategic planning will create synergy and encourage respect between various socio-, economic and environment sectors in government, public and private organizations. Synergy between stakeholders will lead to greater sustainability.

ACCESSIBILITY IMPLICATIONS

Yes (If yes, fill in below) No

All meetings and public consultations will be held in accordance with the Accessibility for Ontarians with Disability Act, 2005. Further, strategic recommendations made by the ACHAC will include consideration for people of all abilities.

COUNCIL STATEMENT OF DIRECTIONS AND PRIORITIES*

Unity Plan, 2010 – Goal #10 – Encourage and foster continual growth of arts, culture & heritage through municipal support Community Master Plan, 2011 – Goal #1.1; 1.2; 1.3; 1.4; 1.5; 1.6; 4.0; 4.1; 4.2; 4.3; 5.0; 6.2; 7.1; 7.4 Cultural Strategy, 2011 *Strategic plans are under review by current Mayor and Council, with stated goal to consolidate existing plans into one Community Strategic Plan.

POLICIES / LEGISLATION

CONSULTATIONS Ontario Municipal Cultural Managers, 2015 Ontario Heritage Planners ACHAC 2015 members Ontario Ministry of Culture

PROVISION OF NOTICE (As per the current Town of Huntsville Provision of Notice Policy By-law)

10 Notice Required?: Yes (If yes, fill in below) No

Class #: Part #: Subject Matter:

Date(s) to be Advertised in Newspaper (If applicable):

Date of Posting on the Town Website (If applicable):

ATTACHMENTS

Town of Huntsville Advisory Committee Terms of Reference, Committee: Arts, Culture & Heritage, 2015

CONCLUSION

Committee accepts the Terms of Reference as presented.

SIGNED______Prepared by: Teri Souter, Manager of Arts, Culture & Heritage

SIGNED______Approved by: Kari Lambe, Executive Director of Community Services and Economic Development

N/A______Approved by: Denise Corry, Acting Chief Administrative Officer (If Applicable)

N/A______Approved by: Julia Finch, Manager of Finance / Treasurer (If Applicable)

N/A______Approved by: Karen Schamehorn, Risk Management & Purchasing Coordinator (If Applicable)

N/A______Approved by: Lisa Smith, Executive Director of Human Resources & Corporate Information (If Applicable)

N/A______Approved by: Mike Gooch, Executive Director of Development Services (If Applicable)

11 ADVISORY COMMITTEE TERMS OF REFERENCE

Town of Huntsville Committee: Arts, Culture & Heritage Effective Date: January 1, 2015 Advisory * Approved by: Motion #xxx Expiry Date: November 30, 2018 *NOTE: The Arts, Culture & Heritage Advisory Committee members will also meet as the Municipal Heritage Committee under a separate Terms of Reference.

Background:

Working under the authority of the Procedural By-law approved by Council, the Arts, Culture and Heritage Advisory Committee (“ACHAC” or “the Committee” or “the Advisory Committee”) is appointed by Council to provide insight on matters related to Arts, Culture and Heritage in Huntsville. ACHAC provides an avenue for a two-way exchange to occur between the Arts, Culture & Heritage community and the municipality. There is general acknowledgement that the prolific Arts, Culture & Heritage activities in The Town of Huntsville have a significant economic impact on the Town.

1. Role and Purpose:

i. The creation of policies, regulations and guidelines pertaining to Arts, Culture & Heritage in The Town of Huntsville for recommendation to General Committee.

ii. Critical and strategic analysis of policies, regulations and guidelines, pertaining to The Town of Huntsville as submitted to the Advisory Committee.

iii. Implementation of projects and strategies in support of policies, regulations and guidelines and development pertaining to Arts, Culture & Heritage in The Town of Huntsville.

2. Goals and Activities

i. To educate citizens of The Town of Huntsville on the roles and responsibilities of Municipal government (in contrast to Federal and Provincial governments) as it pertains to Arts, Culture & Heritage

ii. To advocate for a strong and viable Arts, Culture & Heritage identity for The Town of Huntsville

iii. To recommend to General Committee the appointment of volunteers to ACHAC and any sub- committees or working groups it may create

iv. To provide issues, concerns and initiatives of the Arts, Culture & Heritage community to General Committee

Page 1 of 4

12 Report CS-2015-12, Feb 24, 2015 v. To encourage community involvement in matters and projects related to Arts, Culture & Heritage including public forum workshops as budgeted

vi. To review impacts of federal and provincial directives and regulations related to Arts, Culture & Heritage as brought forward by staff and to ensure that the Town of Huntsville is a leader among municipalities in Arts, Culture & Heritage initiatives and activities vii. To promote research and collection of information relevant to Arts, Culture & Heritage in The Town of Huntsville by all available means; specifically, in terms of quality of life, tourism, economic impact and other measures arising from the research viii. To liaise with other Standing Committees and sub-committees of Council and General Committee as necessary; and

ix. To advise standing committees, sub-committees, task groups, volunteers and staff of ongoing Arts, Culture & Heritage related issues and activities via the Advisory Committee.

3. Duty of General Committee:

General Committee shall consider recommendations from the ACHAC and give appropriate consideration to issues that ACHAC recommends. General Committee may then make requests back to ACHAC or make recommendations to Council. Council makes the final decision.

4. Committee Composition:

It is important that the membership of the ACHAC represents a range of arts, cultural and heritage disciplines; ensures Town of Huntsville representation; and has at least one voting member with analytical research skills. At the same time, it is important that the committee remain small so as to be efficient and effective. It is a working committee. Members of the ACHAC are chosen via submitted application and are named by Mayor via Council.

There are up to 8 voting members consisting of:

Mayor (Ex Officio) 2 Councillors 5 Community Members, which may be Actively affiliated with local history society Actively affiliated with local visual arts and/or performing arts Actively affiliated with architecture/built history Actively affiliated with cultural heritage of The Town of Huntsville Actively skilful in research and analysis

Page 2 of 4

13 Report CS-2015-12, Feb 24, 2015

5. Committee Support

The Town will see that staff resources are made available to the ACHAC for agenda development and minute-taking, amending and distribution. ACHAC is not authorized to direct staff, issue instructions and/or tasks to staff; additional requests for staff time are made via CAO and/or council.

6. Committee Structure

i. The ACHAC will elect a chairperson for the term. The ACHAC may review and replace the Chair during their term via resignation or motion.

ii. The ACHAC shall meet every month or as otherwise determined, with such meetings being open to the public. The Committee shall report to a committee designated by Council. Minutes of each ACHAC meeting will be forwarded to a committee designated by Council for information.

iii. ACHAC may strike or disband sub-committees and working groups as needed and as approved by Council.

7. Committee Procedures

The Town of Huntsville ACHAC shall conduct its meetings in accordance with the Town’s Procedural By- law which establishes the rules and procedures governing the proceedings of Council and Committees, the conduct of its members and the calling of meetings.

i) Staff will conduct an orientation session at the beginning of each new term which, at a minimum, will cover the budget, Terms of Reference, ongoing projects, existing policies and current Arts, Culture & Heritage strategies.

ii) The rendering of advice or information to/from a committee designated by Council shall normally be:

a. in writing, directed through staff

b. by personal appearance of the Chair and/or delegate from ACHAC authorized by motion of ACHAC

c. by verbal or other report by representatives delegated by ACHAC authorized and named via motion

ii) Committee meetings will take place at a location that is mutually convenient and accessible to committee members.

Page 3 of 4

14 Report CS-2015-12, Feb 24, 2015

8. Term of Office/Absences

i) The term of office for committee members will run concurrent with the term of Council. A committee member may have her/his membership renewed twice and may not serve longer than three consecutive terms.

ii) If a committee member is absent for three consecutive meetings without a justifiable cause, he/she shall be deemed to have forfeited his/her membership unless the absence is approved by ACHAC and the Mayor.

9. Expenses/Budget

i) There is no operational budget for the ACHAC.

ii) Committee members may be compensated for extraordinary expenses incurred as a result of their membership on ACHAC or its sub-committees on the basis that the expenditure was approved in advance. Requests for compensation shall be reviewed by the committee on a case by case basis and expenses must be pre-approved via Council Resolution.

iii) The Manager of Arts, Culture and Heritage may use discretion with supervisorial approval to provide money from pre-approved operational expense lines to cover minor expenses, as approved during the annual budget process.

9. Reporting Relationship:

The ACHAC will make recommendations to the General Committee of Town Council.

10. Staff Support:

The Committee will be supported by the Manager of Arts, Culture and Heritage. Minutes of meetings will recorded by the Committee Co-ordinator

11. Expansion of Mandate:

The mandate of the Committee is explicitly limited to the responsibilities outlined in this document. Only by a motion of Council may the Committee Mandate be expanded.

Page 4 of 4

15 Report CS-2015-12, Feb 24, 2015

TOWN OF HUNTSVILLE

DIVISION CAO’s Office Fire Clerks Human Resources & Corporate Information Community Services & Econ. Dev. Treasury Development Services Transportation Infrastructure

DEPARTMENT: Arts, Culture & Heritage

REPORT # CS-2015-13

Confidential: Yes No

To: Arts, Culture & Heritage Advisory Committee

From: Teri Souter, Manager of Arts, Culture & Heritage

Date Prepared: February 8, 2015

Meeting: February 24, 2015

Subject: Memberships and Resources

RECOMMENDATION:

Requires Action For Discussion Only

IT IS RECOMMENDED THAT: Report, Reference No. CS-2015-13 dated February 24, 2015 prepared by Teri Souter, Manager of Arts, Culture & Heritage regarding “Memberships and Resources” be received for information.

ORIGIN / BACKGROUND

The Town of Huntsville, via the Manager of Arts, Culture & Heritage and other staff, retains membership in a number of pertinent structured organizations and ad hoc interest groups.

DISCUSSION

Knowledge of the existence of topic-specific resources and how to access these resources is expected to be of both interest and benefit to the Advisory Committee.

FINANCIAL IMPLICATIONS – (Manager of Finance / Treasurer must sign Report)

Yes (If yes, fill in below) No

Where possible, the Town’s membership resources can be extended to the Advisory Committee through staff, without incurring additional costs. In no way will terms of membership be violated.

INSURANCE/RISK MANAGEMENT IMPLICATIONS – (Risk Management & Purchasing Coordinator must sign Report)

Yes (If yes, fill in below) No

HUMAN RESOURCES IMPLICATIONS – (Executive Director of Human Resources & Corporate Information must sign Report)

Yes (If yes, fill in below) No

SUSTAINABILITY IMPLICATIONS – (Executive Director of Development Services must sign Report)

Yes (If yes, fill in below) No

Economic – getting more bang for the same buck.

ACCESSIBILITY IMPLICATIONS

Yes (If yes, fill in below) No

Many of the external resources are made available in AODA-compliant format from their originators.

COUNCIL STATEMENT OF DIRECTIONS AND PRIORITIES*

Unity Plan, 2010 – Goal #10 – Encourage and foster continual growth of arts, culture & heritage through municipal support Community Master Plan, 2011 – Goal #1.1; 4.0; 4.3; 5.0; 6.2; 7.1; 7.4 Cultural Strategy, 2011 *Strategic plans are under review by current Mayor and Council, with stated goal to consolidate existing plans into one Community Strategic Plan.

POLICIES / LEGISLATION

CONSULTATIONS Ontario Municipal Cultural Managers, 2015 Ontario Heritage Planners

PROVISION OF NOTICE (As per the current Town of Huntsville Provision of Notice Policy By-law)

Notice Required?: Yes (If yes, fill in below) No

Class #: Part #: Subject Matter:

Date(s) to be Advertised in Newspaper (If applicable):

Date of Posting on the Town Website (If applicable):

ATTACHMENTS

Arts, Culture & Heritage Resources, Town of Huntsville, 2015

CONCLUSION

Committee accepts the Arts, Culture & Heritage Resources for information.

SIGNED______Prepared by: Teri Souter, Manager of Arts, Culture & Heritage

SIGNED______Approved by: Kari Lambe, Executive Director of Community Services and Economic Development

N/A______Approved by: Denise Corry, Acting Chief Administrative Officer (If Applicable)

N/A______Approved by: Julia Finch, Manager of Finance / Treasurer (If Applicable)

N/A______Approved by: Karen Schamehorn, Risk Management & Purchasing Coordinator (If Applicable)

N/A______Approved by: Lisa Smith, Executive Director of Human Resources & Corporate Information (If Applicable)

N/A______Approved by: Mike Gooch, Executive Director of Development Services (If Applicable)

18 ADVISORY COMMITTEE RESOURCES, 2015

Town of Huntsville 1. Arts, Culture & Heritage Teri Souter Advisory [email protected] Committee: Staff Lead: 2. Municipal Heritage 705 789 1751 ex 2357 Advisory 705 783 5100 (cell

Plans of Specific Interest to ACHAC and MHC Strategic Plans: Under review, consultation, and consolidation, 2015

Name of Plan Online Location Official Plan http://huntsville.ca/en/townHall/OfficialPlan.asp Unity Plan http://huntsville.ca/en/townHall/UnityPlan.asp Community http://huntsville.ca/en/townHall/resources/cmp_final_2011.pdf Master Plan Cultural Strategy http://huntsville.ca/en/townHall/CulturalPlan.asp Goals at a http://huntsville.ca/en/resources/CulturalStrategyGoalsataGlanceJune12014.pdf Glance Economic http://huntsville.ca/en/living/resources/Economic_Impact_Assessment_01.31.13.pdf Impact Downtown Community http://huntsville.ca/en/townHall/resources/com_imp_plan_final_oct10.pdf Improvement Plan All Public Plans Town Plans & http://huntsville.ca/en/townHall/TownPlansStudies.asp Studies  Accessibility Plan  Active Transportation Workshop Final Report  Asset Management Plan  Community Improvement Plan  Community Master Plan  Cultural Plan  Development Charges Background Study  Huntsville Studies  Memorial Park Master Plan  Official Plan  Parks Master Plan  Roads Needs Study - 2011  Unity Plan

Page 1 of 4

19 Attachment to Report CS-2015-13, Feb 24, 2015

Resources Acronym Mission & Scope Access via Manager of Arts, Culture & Heritage www.creativecity.ca Vision: Every community strategically integrates their local cultural resources in the social, economic, cultural and environmental sustainability of their community. Mission: The Creative City Network of Canada is a national non- profit organization that operates as a knowledge sharing, research, Creative Cities public education, and professional development resource in the field CCNC Network of Canada of local cultural policy, planning and practice. The Values of the Creative City Network are: - Direct sharing between communities - Professional excellence - Encourage a diversity of ideas - Respect local community decision-making Access to 300+ members, Research Hub, Members Portal ListServe www.ontariohistoricalsociety.ca Founded in 1888, The Ontario Historical Society is a non-profit corporation and registered charity; a non-government group Ontario Historical OHS bringing together people of all ages, all walks of life and all cultural Society backgrounds interested in preserving some aspect of Ontario's history. The OHS has a provincial mandate. Local organization and scope Huntsville & Area H&AHS Culture Hub sub-tenant Historical Society Huntsville books http://communityheritageontario.ca Community Heritage Ontario (CHO) is a provincial umbrella organization and advisory body for Municipal Heritage Committees. Community These local volunteer committees are known as Municipal Heritage CHO Heritage Ontario Committees (formerly called LACACs – Local Architectural Conservation Advisory Committees) and exist to advise local municipal councils on heritage matters. Supported by the Ontario Ministry of Tourism, Culture and Sport. http://www.arconserv.ca/branches/show.cfm?id=19 Through education and advocacy, to encourage the conservation and re-use of structures, districts and landscapes of architectural, historic and cultural significance, to inspire and benefit Ontarians. Architectural The ACO is a charitable organization operating through a network of Conservancy of ACO-M autonomous local branches in communities across Ontario, linked by Ontario – Muskoka a small co-ordinating office in Toronto, and governed by its Board of Branch Directors and Provincial Council. Through advocacy and direct action the Architectural Conservancy of Ontario (ACO) has been involved in preserving Ontario's architectural and environmental heritage since 1933

Page 2 of 4

20 Attachment to Report CS-2015-13, Feb 24, 2015 www.museumsontario.com Vision: The OMA is the leading cultural organization ensuring a relevant and sustainable museum sector in the province for the benefit of Ontario residents and our global community. Mission: "The Ontario Museum Association builds capacity among institutions and individuals active in Ontario’s museum sector". Ontario Museums Resources to support museums in the creation or revision of their OMA Association organizations' policies in the areas of the Ministry of Tourism, Culture and Sport's Standards for Community Museums in Ontario. Links to web-based resources and copies of print materials are provided for the following standards: Governance, Finance, Community, Exhibition, Interpretation and Education, Research, Human Resources, Collections, Physical Plant, and Conservation. Resources on Policy Writing and Strategic Planning also provided. Archives Association Free services included in membership of Ontario Canadian Museum Grant requirements, notifications, CHIN (Canadian Heritage

Association Information Network) Community Museum Standards, Operational Grant – Ministry of Culture, Museums of CMOG Tourism, support access to Department of Canadian Heritage – Ontario Grant Museums Assistance Program (MAP) grants MHP originating consortium, includes: Muskoka Heritage Place, Museums of Muskoka Boat and Heritage Centre, Muskoka Rails Museum, MOM Muskoka Muskoka Lakes Museum, Dorset Heritage Museum, Bala Museum, Bethune House – group marketing, planning, best practices Ontario Heritage Ontario Heritage Planners, specializing in OHA and Heritage Planners OHP Planning, email list serve – timely, relevant, meet 1x year (OHS) Ad hoc Ontario Cultural Ontario Municipal Cultural Managers, meet 2x year (1 of these Planners Culture Gang @CCNC), share ideas, solutions, trends, collaborative practices. Ad hoc Email list serve. www.ccio.on.ca CCI is a member-based network of performing arts venue managers, presenters, artists and artist managers who work collaboratively to improve arts presentation practice in the Province of Ontario. CCI’s primary focus is on the health of its members and their organizations. It operates a number of participatory programs that Community Cultural help members develop their strengths and grow their audiences Impressarios – through their performing arts programs. CCI Ontario Presenting Vision: A live performance for everyone in Ontario – an active Network curator for the performing arts in every community – a lively engagement between the two. Mission: To lead and develop leadership and networks in Ontario’s presenting ecology. Theatre, Ontario Presenting Network Booking leverage – Networking- Sharing Program

Page 3 of 4

21 Attachment to Report CS-2015-13, Feb 24, 2015 www.theatreontario.org Theatre Ontario is a service organization with membership, Theatre Ontario programs and services for all the sectors that make up theatre in the province—community, educational, and professional. Resources – Training – Networking – Support - Grants Canadian Arts Legislated changes, industry trends, certification programs, program Presenting CAPACOA and governance development, capacity grants Association CARFAC Ontario, division of National Org. Assoc. for professional visual and media artists. Founded 1968, worked 40 years on legal and economic issues facing visual artists. Gallery info, insurance, Canadian Artists' rights of resale, etc. Representation/le Mission: Believe that artists, like professionals in other fields, should CARFAC Front des artistes be paid for their work and share equitably in profits from their art canadiens practice. The work of CARFAC Ontario is to develop policies, publications and services that assist artists, galleries, curators, art patrons, and other stakeholders in creating an economic climate that benefits all visual artists. Newsletter: Dispatch Consultations with incorporated visual artist organizations in Muskoka Art Muskoka: Huntsville Art Society, aka HAS (also sub-tenant in CNR – Consortium Chamber of Commerce Culture Hub/Signal North Gallery), Artists of Ad hoc the Limberlost, aka AoL; Muskoka Arts & Crafts, aka MAC; Muskoka Autumn Studio Tour, aka MAST)

Please note, this list is by no means exhaustive. Resources will continue to be added and deleted as warranted. The Town of Huntsville, via Community Services, Economic Development, Marketing and other departments/divisions has many other memberships and affiliations which may be shared and accessed as needed.

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22 Attachment to Report CS-2015-13, Feb 24, 2015

TOWN OF HUNTSVILLE

DIVISION CAO’s Office Fire Clerks Human Resources & Corporate Information Community Services & Econ. Dev. Treasury Development Services Transportation Infrastructure

DEPARTMENT: Arts, Culture & Heritage

REPORT # CS-2015-14

Confidential: Yes No

To: Municipal Heritage Committee

From: Teri Souter, Manager of Arts, Culture & Heritage

Date Prepared: February 8, 2015

Meeting: February 24, 2015

Subject: Municipal Heritage Committee Terms of Reference

RECOMMENDATION:

Requires Action For Discussion Only

IT IS RECOMMENDED THAT: Report, Reference No. CS-2015-14 dated February 24, 2015 prepared by Teri Souter, Manager of Arts, Culture & Heritage regarding “Municipal Heritage Committee Terms of Reference” be received;

AND FURTHER THAT: Committee accepts the Terms of Reference as presented.

ORIGIN / BACKGROUND

The Town of Huntsville has enacted bylaws on 12 properties within the municipality under the authority of the Ontario Heritage Act. In order to uphold the town bylaws and the Ontario Heritage Act, the Municipal Heritage Committee will provide information and advice to Council.

DISCUSSION

Terms of Reference in use in for Municipal Heritage Committees were researched by staff. Samples from other municipalities were provided at the inaugural MHC meeting on January 27, 2015.

FINANCIAL IMPLICATIONS – (Manager of Finance / Treasurer must sign Report)

Yes (If yes, fill in below) No

INSURANCE/RISK MANAGEMENT IMPLICATIONS – (Risk Management & Purchasing Coordinator must sign Report)

Yes (If yes, fill in below) No

HUMAN RESOURCES IMPLICATIONS – (Executive Director of Human Resources & Corporate Information must sign Report)

Yes (If yes, fill in below) No

SUSTAINABILITY IMPLICATIONS – (Executive Director of Development Services must sign Report)

Yes (If yes, fill in below) No Advice to council and consultation with owners on designated heritage matters is expected to provide better service to citizens, service providers (realty/architecture/design/construction for instance) and to council. Clear expectations and processes will create a leaner and clearer process, saving everyone valuable time. A clearer process may lead to more private property owners wishing to have their properties designated under the Ontario Heritage Act, which would create sustainability in the Heritage sector.

ACCESSIBILITY IMPLICATIONS

Yes (If yes, fill in below) No

All meetings and public consultations will be held in accordance with the Accessibility for Ontarians with Disability Act, 2005. Further, strategic recommendations made by the MHC to council will include consideration for people of all abilities, and may be included in consultation with private property owners.

COUNCIL STATEMENT OF DIRECTIONS AND PRIORITIES*

Unity Plan, 2010 – Goal #10 – Encourage and foster continual growth of arts, culture & heritage through municipal support Community Master Plan, 2011 – Goal #1.2; 1.3; 1.4; 1.6; 4.0; 4.1; 4.2; 4.3; 5.0; 6.2; 7.1; 7.4 Cultural Strategy, 2011 *Strategic plans are under review by current Mayor and Council, with stated goal to consolidate existing plans into one Community Strategic Plan.

POLICIES / LEGISLATION

CONSULTATIONS Ontario Municipal Cultural Managers, 2015 Ontario Heritage Planners ACHAC 2015 members Ontario Ministry of Culture

PROVISION OF NOTICE (As per the current Town of Huntsville Provision of Notice Policy By-law)

24 Notice Required?: Yes (If yes, fill in below) No

Class #: Part #: Subject Matter:

Date(s) to be Advertised in Newspaper (If applicable):

Date of Posting on the Town Website (If applicable):

ATTACHMENTS

Town of Huntsville Advisory Committee Terms of Reference, Committee: Municipal Heritage, 2015

CONCLUSION

Committee accepts the Terms of Reference as presented.

SIGNED______Prepared by: Teri Souter, Manager of Arts, Culture & Heritage

SIGNED______Approved by: Kari Lambe, Executive Director of Community Services and Economic Development

N/A______Approved by: Denise Corry, Acting Chief Administrative Officer (If Applicable)

N/A______Approved by: Julia Finch, Manager of Finance / Treasurer (If Applicable)

N/A______Approved by: Karen Schamehorn, Risk Management & Purchasing Coordinator (If Applicable)

N/A______Approved by: Lisa Smith, Executive Director of Human Resources & Corporate Information (If Applicable)

N/A______Approved by: Mike Gooch, Executive Director of Development Services (If Applicable)

25 ADVISORY COMMITTEE TERMS OF REFERENCE

Town of Huntsville Committee: Municipal Heritage Committee Effective Date: January 1, 2015 Approved by: Motion #xxx Expiry Date: November 30, 2018

Background:

Working under the authority of the Procedural By-law approved by Council, the Municipal Heritage Committee (“MHC” and/or “the Committee”) is appointed by Council to advise and assist Council to ensure that appropriate cultural heritage conservation practices are followed throughout the Town of Huntsville, in accordance with the Ontario Heritage Act, the Ontario Planning Act and the Official Plan and associated by‐laws, in order for the long‐term benefit of the community.

1. Role and Purpose:

i. To consult with owners of heritage designated properties on proposed alteration projects.

ii. To provide owners of heritage designated properties with information on best practices.

iii. To collaborate with owners of built heritage properties to reach mutually-agreeable solutions.

iv. To provide information and outcomes of consultations and collaborations to council to assist them to make decisions on issuing or refusing Heritage Permits.

v. To provide assistance and advice to Council on the development of Heritage Permit policies and processes for the Town of Huntsville.

vi. To publicly uphold the decisions of council. vii. Implementation of projects and strategies in support of policies, regulations and guidelines and development pertaining to the Ontario Heritage Act within The Town of Huntsville. viii. Education and awareness of built heritage, environmental heritage and statements of heritage cultural value.

2. Goals and Activities

i. To advise and assist Council on all matters relating to Part IV and to Part V of the Ontario Heritage Act, including Council’s authority to: a) designate individual property (s.29, s.41) b) issue or refuse permits to alter or demolish a designated property (s.33, s.34, s.42, s.43, s.44) c) delegate power to an employee or official of the municipality to consent to alterations of individually designated property (s.33, s.42)

Page 1 of 4

26 Report CS-2015-14, Feb 24, 2015 d) repeal designation by‐laws (s.31, s.32) e) purchase or lease individually designated property (s.36(1)) f) expropriate designated property (s.36(2)) g) provide grants and loans to designated property owners (s.39) h) list or remove property of cultural heritage value from the municipal register (s.27) i) enter into easements and covenants with property owners (s.37(1))

ii. To advise and assist Council on other matters of cultural heritage conservation, including: a) identifying cultural heritage properties b) establishing criteria for the evaluation of properties of cultural heritage value or interest c) involving the community and developing partnerships in regards to the municipality’s cultural heritage conservation interests d) educating and informing on, and promoting the cultural heritage resources within the community e) legislation that includes cultural heritage provisions f) funding initiatives and the Heritage Property Tax Relief Program g) municipal, provincial and federal cultural heritage properties, and National Historic Sites h) Official Plan policies pertaining to cultural heritage

iii. To encourage community involvement in matters and projects related to Municipal Heritage including public forum workshops as budgeted

iv. To liaise with other Standing Committees and sub-committees of Council and General Committee as necessary; and

v. To advise standing committees, sub-committees, task groups, volunteers and staff of ongoing Municipal Heritage related issues and activities via the Advisory Committee.

3. Duty of Council:

Council shall consider advice from the MHC and give appropriate consideration to issues that MHC has provided. Council makes the final decision on Heritage Permit Applications and all other matters. The recording secretary and staff liaison will ensure such communications are made.

4. Committee Composition:

The Arts, Culture & Heritage Advisory Committee (ACHAC) also sits as the MHC and therefor it is important that it represents a range of arts, cultural and heritage disciplines; ensures Town of Huntsville representation; and has at least one voting member with analytical research skills. At the same time, it is important that the committee remain small so as to be efficient and effective. It is a working committee. Members of the MHC are appointed as members of the ACHAC which apply via submitted application and are named by Mayor via Council.

There are up to 8 voting members consisting of:

Mayor (Ex Officio) 2 Councillors

Page 2 of 4

27 Report CS-2015-14, Feb 24, 2015 5 Community Members, which may be Actively affiliated with local history society Actively affiliated with local visual arts and/or performing arts Actively affiliated with architecture/built history Actively affiliated with cultural heritage of The Town of Huntsville Actively skilful in research and analysis

5. Committee Support

The Town will see that staff resources are made available to the MHC for agenda development and minute-taking, amending and distribution. MHC is not authorized to direct staff, issue instructions and/or tasks to staff; additional requests for staff time are made via CAO and/or council.

6. Committee Structure

i. When meeting as the MHC, the Arts, Culture & Heritage Advisory Committee Chair and Vice- Chair retain their positions.

ii. The MHC shall meet every month or as otherwise determined by agenda, with such meetings being open to the public. The MHC shall report directly to Council. Minutes of each MHC meeting will be forwarded to Council for information, and/or action.

iii. MHC will retain its focus and therefore will not need to strike or disband sub-committees and working groups; these will be struck via ACHAC as needed and as approved by Council.

7. Committee Procedures

The Town of Huntsville MHC shall conduct its meetings in accordance with the Town’s Procedural By-law which establishes the rules and procedures governing the proceedings of Council and Committees, the conduct of its members and the calling of meetings.

ii) The rendering of advice or information to/from a committee designated by Council shall normally be:

a. in writing, directed through staff;

b. by personal appearance of the Chair and/or delegate from MHC authorized by motion of MHC

c. by verbal or other report by representatives delegated by MHC, authorized and named via motion

Page 3 of 4

28 Report CS-2015-14, Feb 24, 2015 ii) Committee meetings will take place at a location that is mutually convenient and accessible to committee members.

8. Term of Office/Absences

9. Expenses/Budget

i) There is no operational budget for the MHC

ii) Committee members may be compensated for extraordinary expenses incurred as a result of their membership on MHC or its sub-committees on the basis that the expenditure was approved in advance. Requests for compensation shall be reviewed by the committee on a case by case basis and expenses must be pre-approved via Council Resolution.

iii) The Manager of Arts, Culture and Heritage may use discretion, with supervisorial approval, to provide money from pre-approved operational expense lines to cover minor expenses, as approved during the annual budget process, and as approved by various Department Heads of the Corporation of the Town of Huntsville, i.e. Clerks, Planning, Marketing as may be agreed in advance.

9. Reporting Relationship:

The MHC will provide information directly to Town Council. They may also refer matters to other committees for comment or input.

10. Staff Support:

The Committee will be supported by the Manager of Arts, Culture and Heritage. Minutes of meetings will recorded by the Committee Coordinator.

11. Expansion of Mandate:

The mandate of the Committee is explicitly limited to the responsibilities outlined in this document. Only by a motion of Council may the Committee Mandate be expanded.

Page 4 of 4

29 Report CS-2015-14, Feb 24, 2015

TOWN OF HUNTSVILLE

DIVISION CAO’s Office Fire Clerks Human Resources & Corporate Information Community Services & Econ. Dev. Treasury Development Services Transportation Infrastructure

DEPARTMENT: Arts, Culture & Heritage

REPORT # CS-2015-15

Confidential: Yes No

To: Municipal Heritage Committee

From: Teri Souter, Manager of Arts, Culture & Heritage

Date Prepared: February 8, 2015

Meeting: February 24, 2015

Subject: Designated Heritage Properties Policy

RECOMMENDATION:

Requires Action For Discussion Only

IT IS RECOMMENDED THAT: Report, Reference No. CS-2015-15 dated February 25, 2015 prepared by Teri Souter, Manager of Arts, Culture & Heritage regarding “Designated Heritage Properties Policy” be received;

AND FURTHER THAT: Committee recommends the Designated Heritage Properties Policy be adopted by council.

ORIGIN / BACKGROUND

The Town of Huntsville has enacted bylaws on 12 properties within the municipality under the authority of the Ontario Heritage Act, naming these properties as “Designated Heritage Properties”. These are listed at http://huntsville.ca/en/visiting/resources/ShortpublicDesignatedlistAug2014.pdf Eight of these properties are privately-owned. The designation bylaws were passed from 1984 to 2011. Over time, the town committee, resources, organizational structure and staff managing this portfolio has changed. Heritage values are important to market retention and development in the economic sector of Tourism in general, and Cultural Tourism in particular. Over the past year, town employees representing many divisions have collaborated to find a “made in Huntsville” solution to service this important sector, utilizing existing resources for enhanced customer service.

30 DISCUSSION

In order to serve the property owners and the community fairly and effectively, and in order to uphold the town’s bylaws and the Ontario Heritage Act, a clear policy for managing Designated Heritage Properties, including issuing or denying Heritage Permits is required. Heritage Permits are required on any Heritage Properties Designated under the Ontario Heritage Act via Town of Huntsville Bylaw. The Ontario Heritage Act, and the Ontario Heritage Toolkit, provide a framework for this Procedure. Access to these tools is readily available using current technology. The policy will satisfy the rights and needs of the owners, the interests of the community and the responsibility of the Municipal Heritage Advisory Committee providing information to Council. The policy has been written collaboratively across divisions without using any additional staff or resources, and the policy is serviced inter-divisionally for greater understanding, education and sustainability. If accepted via resolution of council, the Designated Heritage Property Policy and Tools will be posted online and the Internal Flow Chart for customer service will be implemented inter-divisionally as indicated. As always, implementation of the Policy, the Tools, the Flow Chart and other information will be reviewed and tweaked by staff as often as required by feedback/use in the field. Any changes to the Policy will be brought to Council as required. Changes to the Designated Heritage Properties Policy may only be made by resolution of council.

FINANCIAL IMPLICATIONS – (Manager of Finance / Treasurer must sign Report)

Yes (If yes, fill in below) No

INSURANCE/RISK MANAGEMENT IMPLICATIONS – (Risk Management & Purchasing Coordinator must sign Report)

Yes (If yes, fill in below) No

HUMAN RESOURCES IMPLICATIONS – (Executive Director of Human Resources & Corporate Information must sign Report)

Yes (If yes, fill in below) No

SUSTAINABILITY IMPLICATIONS – (Executive Director of Development Services must sign Report)

Yes (If yes, fill in below) No The Designated Heritage Property Procedure will help to protect and sustain Huntsville’s heritage assets.

ACCESSIBILITY IMPLICATIONS

Yes (If yes, fill in below) No

All meetings and hearings will be held in accordance with the Accessibility for Ontarians with Disability Act, 2005.

COUNCIL STATEMENT OF DIRECTIONS AND PRIORITIES*

POLICIES / LEGISLATION

The Ontario Heritage Act – Part III.1 Ontario Regulation 157/10 Provincial Policy Statement, 2014 Section 3, The Planning Act, Ontario

CONSULTATIONS

Heritage Outreach Consultant, Culture Services Unit, Ministry of Tourism, Culture and Sport, Ontario Ontario Heritage Planners, ad hoc Ontario Municipal Cultural Planners, ad hoc Ministry of Municipal Affairs and Housing Ministry of Tourism, Culture & Sport Town of Huntsville – Kirstin Maxwell, Planner Amanda Ferrante, Permit Co-ordinator Tactical Team: Council Co-ordinator, Executive Director of Public Infrastructure (ex); Director of Planning and Sustainability (Planning), Coordinator of Customer Service (Corporate), Database Coordinator (Corporate), Permit Coordinator (Building), Property Manager (Property), Senior Planner (Planning), Planner (Planning), Muskoka Heritage Place Manager (Community Services)

PROVISION OF NOTICE (As per the current Town of Huntsville Provision of Notice Policy By-law)

Notice Required?: Yes (If yes, fill in below) No

Class #: Part #: Subject Matter:

Date(s) to be Advertised in Newspaper (If applicable):

Date of Posting on the Town Website (If applicable):

ATTACHMENTS

Designated Heritage Property Policy, Guidelines and FAQs Heritage Permit Application Customer Service Flow Chart

CONCLUSION

Committee recommends the Designated Heritage Properties Policy be adopted by council.

SIGNED______Prepared by: Teri Souter, Manager of Arts, Culture & Heritage

SIGNED______Approved by: Kari Lambe, Executive Director of Community Services and Economic Development

SIGNED______Approved by: Denise Corry, Chief Administrative Officer (If Applicable)

N/A______Approved by: Julia Finch, Manager of Finance / Treasurer (If Applicable)

N/A______Approved by: Karen Schamehorn, Risk Management & Purchasing Coordinator (If Applicable)

N/A______Approved by: Lisa Smith, Executive Director of Human Resources & Corporate Information (If Applicable)

N/A______Approved by: Mike Gooch, Executive Director of Development Services (If Applicable)

33 Designated Heritage Property Policy and Guidelines, 2015

1. The Heritage Permit Information and Guidelines for The Corporation of the Town of Huntsville, 2015, are consistent with the Ontario Heritage Act, as it may be amended and updated from time to time. In the case of any discrepancy between these Guidelines and the laws of the Province of Ontario or the Dominion of Canada, the highest authority will take priority. Any alteration to these Heritage Permit Guidelines must be made in compliance with current applicable law and must be documented via Resolution of Council. These guidelines are designed to be public for use by property owners, staff, advisory committees and council. These guidelines will be posted.

2. The Ontario Heritage Tool Kit is located online here and may be updated from time to time: http://www.mtc.gov.on.ca/en/heritage/heritage_toolkit.shtml

3. The Town of Huntsville has maintained an inventory of heritage properties, known as a Heritage Register, since the mid-1980s. The Town’s Official Plan contains statements and policies to conserve heritage resources.

4. The Provincial Policy Statements (PPS), 2014, states, 2.6 Cultural Heritage and Archaeology

2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved. 2.6.2 Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved. 2.6.3 Planning authorities shall not permit development and site alteration on adjacent lands to protected heritage property except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. 2.6.4 Planning authorities should consider and promote archaeological management plans and cultural plans in conserving cultural heritage and archaeological resources. 2.6.5 Planning authorities shall consider the interests of Aboriginal communities in conserving cultural heritage and archaeological resources. Protected heritage property: means property designated under Parts IV, V or VI of the Ontario Heritage Act; property subject to a heritage conservation easement under Parts II or IV of the Ontario Heritage Act; property identified by the Province and prescribed public bodies as provincial heritage property under the Standards and Guidelines for Conservation of Provincial Heritage Properties; property protected under federal legislation, and UNESCO World Heritage Sites.

37 Main Street East, Huntsville, Ontario P1H 1A1 705-789-1751 1-888-696-4255 Fax 705-789-6689 TTY 705-789-1768 www.huntsville.ca

Designated Heritage Property Policy, 2015 Municipalities use the PPS to develop their official plans and to guide and inform decisions on other planning matters. The PPS is issued under section 3 of the Planning Act and all decisions affecting land use planning matters "shall be consistent with" the Provincial Policy Statement. http://www.mah.gov.on.ca/Page215.aspx

5. Heritage Permits All alterations, including demolition or removal of a structure from a designated property, require a Heritage Permit prior to the issuance of any Building Permit WHETHER OR NOT A BUILDING PERMIT IS REQUIRED and must have council approval in writing prior to the start of any work. The purpose of a Heritage Permit is to ensure that alterations or changes to a heritage designated property meet heritage conservation standards and are not detrimental to the cultural heritage resource.

6. Types of Heritage Permits A heritage permit is required to: • Alter a property designated under the Ontario Heritage Act • Demolish a property designated under the Ontario Heritage Act • Demolish a property listed on the Town’s Register “Properties of Heritage Interest”* (Currently under review and updating, in consultation with community) • Repeal or amend a heritage designation bylaw

7. Timing – Heritage Permits take longer - 90 days The time it takes for a permit to be issued depends on the type of permit requested. Heritage permits for the demolition of a property designated under the Ontario Heritage Act and for the repeal of a heritage designation by-law are discouraged. However, Council has 90 days to respond to such requests. Heritage permits for the demolition of a property listed on the Town’s Heritage Register take a minimum of 60 days from the time that a complete application is received. Because each permit is assessed on a case-by-case basis, with varying requirements, most alteration permits take a minimum of two to three months. This is the lead-time required to submit a report to the Municipal Heritage Committee, (MHC) which meets on the fourth Tuesday of each month. Completed Heritage Permit applications must be received a minimum of two weeks prior to meeting.

It is strongly recommended that property owners seeking alterations consult with staff as early in their planning process as possible. We are here to assist you to make decisions, to help find you resources for solutions, to guide you through the process, to document your heritage property over time and to try to protect your investment and to try to help your property retain its heritage value.

35 Attachment to CS-2015-15

Designated Heritage Property Policy, 2015 8. Eight Guiding Principles in the Conservation of Built Heritage Properties: http://www.mtc.gov.on.ca/en/publications/InfoSheet_8%20Guiding_Principles.pdf

9. Insurance and Heritage Properties: http://www.mtc.gov.on.ca/en/publications/Heritage_Insurance.pdf

10. Application Requirements A completed application form, signed by the property owner, is required for all heritage permits. Permits for demolitions and major alterations will not be issued until a Heritage Impact Statement has been submitted and accepted by Town staff.

Major alterations and demolitions require a satisfactory Heritage Impact Statement. A Heritage Impact Statement: • Provides a historical background on the subject property • Documents the physical attributes of the property • Rationalizes how the property will be mitigated through the alteration or development process

Additional plans or information may be required for demolitions. For alterations, photographs and/or drawings may be required. Alterations or demolitions that comprise development applications require the relevant Site Plan, Official Plan Amendment, Rezoning and/or Committee of Adjustment application numbers.

11. Heritage Permit Fees There is no fee for a Heritage Permit. However, there are fees for associated building permits. Heritage Permits are required in many cases where building permits are not required.

12. Alterations Alterations that require a heritage permit, even when a building permit is not required, include, but are not restricted to the following:  A change to windows and doors, or the addition of new window and door openings  A change in roofing materials  Façade replacement  Masonry repairs or replacement, including painting of unpainted masonry  Additions (removal or building), including removal or change in accessory buildings  Placement of exterior heating/cooling systems  Addition of skylights  Removal and/or installation of porches and verandahs  Alteration of significant landscape features

36 Attachment to CS-2015-15

Designated Heritage Property Policy, 2015 Alterations that do not require a heritage permit include:  Standard maintenance of features such as gutters and down spouts  Repairs to fencing or landscape elements, such as walkways  Painting* (with the exception noted above) *Town-owned properties do require a permit  Re-roofing in the same materials* Town-owned properties do require a permit

In most cases, a permit is not required for alterations to the interior of a structure; but there are exceptions. Consult with Building Permit Coordinator before proceeding to ensure that there are no restrictions.

Applications are reviewed to ensure that the proposed alterations do not negatively affect the property’s heritage attributes. Proper materials, acceptable heritage conservation methods, context and overall design are considered.

13. Heritage Permit Review Process Staff review applications, ensure they are complete, and date the application, providing a dated document to the owner. Staff will consult with the Municipal Heritage Committee (MHC) who will, in turn, provide information to Council. Council will formally receive the MHC information at Council Meeting and will pass or endorse a recommendation either approving or denying the issuance of the Heritage Permit, or requesting further information. The decision is between the Property Owner and Council. The final decision is that of Council. Notes: Notice of Decision to Consent or a Notice of Decision to Refuse must be served on the property owner within 90 days. Any fully completed and documented received application is deemed to be passed if not answered within 90 days. Once property owner has received Council decision on the Heritage Permit they have a further 30 days to object via Conservation Review Board (CRB). The flow chart clearly shows that there is no public consultation on matters relating to Heritage Permits for designated heritage properties in the private sector. The decision is between the property owner and council. See page #39 “Alteration of Property” http://www.mtc.gov.on.ca/en/publications/Heritage_Tool_Kit_DHP_Eng.pdf If a Heritage Permit is approved and issued, the property owner must comply with the Town process via Building/Planning, which may include public consultation on Planning matters

14. A Note on the Issuance of Heritage Permits Heritage permits are subject to review by all relevant Town staff. This may include but is not limited to the following departments: Community Services, Planning & Building and Public Infrastructure, Parks & Cemeteries. Heritage permits may also be conditional upon the completion of other requirements, such as protection of trees and landscape features.

37 Attachment to CS-2015-15

Designated Heritage Property Policy, 2015

When Heritage Permits are issued, The Building/Planning Department will notify the property owner/applicant and any Town departments and/or agencies affected by the application.

15. Staff are deputized by council and are hereby Authorized to Issue Heritage Permits under the following circumstances, only: a. Emergency repair required, where failure to act immediately will threaten the heritage and cultural values of the property (such repair to be consistent with pre-existing; may not constitute a significant alteration) or adjacent property, or public safety. b. Routine replacement of roofs, windows where like materials, size and look is maintained. i.e. Double-paned windows in wooden sashes replacing single panes, same style window; Reshingle, same style material, greater insulation value; “hidden” environmental or structural upgrade, ie. Weather and ice shield, supporting beams which are not visible.

16. Appeal Process

Property owners can object to/appeal the refusal of a heritage permit for property designated under the Ontario Heritage Act to the Conservation Repeal Board. Disputes on Heritage Permit decisions on demolition are heard by The Ontario Municipal Board (OMB). Council may refuse the demolition of property listed on the Heritage Register in order to designate same under the Ontario Heritage Act. The CRB hears objections to property designations under Part IV of the Ontario Heritage Act.

OMB rulings are final decisions, whereas the CRB makes recommendations back to Council who make the final decision.

17. More Details & Information

For detailed information on these procedures, please see the Ontario Heritage Act available at http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90o18_e.htm.

Heritage Permit application forms are available at www.huntsville.ca under “Heritage Permits.”

18. Frequently Asked Questions

Do I need permission to paint my house or choose the paint colour? No, painting and colour choice is not regulated unless you plan to paint masonry that has never been painted. The painting of masonry surface DOES require a heritage permit. Town-owned buildings DO require a heritage permit if there is a colour or material change.

38 Attachment to CS-2015-15

Designated Heritage Property Policy, 2015

Do I need permission to have my house re-pointed or to repair the stonework? Yes, permission is required, as poor masonry work may cause considerable failure and therefore expense to a homeowner in the future.

Can the exterior of a heritage designated structure be changed? Yes, but with permission and guidance on how best to alter the structure, in keeping with its style and materials. Generally it is not the intent for the structure to be frozen in time.

What happens if I do not follow the rules or act prematurely without permission? The Ontario Heritage Act has provisions for offenses and recovery of restoration costs. Fines of up to $50,000 and/or imprisonment for up to one year can be levied if one fails to follow the Act. The Act also allows the municipality to restore a property, building or structure and recover the costs from the owner. If an owner demolishes or removes a heritage designated structure without permission, they may be subject to a fine and restoration remedial costs.

39 Attachment to CS-2015-15

Designated Heritage Property Policy, 2015 HERITAGE DESIGNATED PROPERTY PERMIT APPLICATION PROCESS

Application Submission

Staff Review and Recommendation •Minor alterations may be approved by Staff

Muncipal Heritage Committee Review and Recommendation •Forwarded to Council for ratification

Council Approval/Refusal NOTIFY

Appeal Process

Application to Council for Conservation Review Board (CRB) Hearing

CRB Hearing and Recommendation

Council Approval/Refusal NOTIFY

40 Attachment to CS-2015-15

Application for Heritage Permit Designated Property Development Services 37 Main Street East Huntsville, ON P1H 1A1 Telephone: (705) 789-1751 Fax: (705) 788-5153

OFFICE USE ONLY

Application No. ______Date Received: ______

Roll #: 4442-______- ______- ______Deemed Complete: ______

Receipt: ______Designation Bylaw:

Approved ______Denied ______Consultation w MHC : Y N n/a (circle1)

Meeting Date: ______Council Resolution #______

Notification to Applicant:______Date:______

Applicants are advised to request a pre-consultation with Development Services staff prior to the submission of the application to gain preliminary review and direction. Detailed information of the proposed development, lot characteristics, surrounding land uses and natural features are required at the pre-consultation stage. Pre- consultation can improve application processing times. Delays in processing the application may result if the application is determined to be incomplete and/or inaccurate.

Please ensure that your application contains the following information. Insufficient information will result in the application being returned to you.

Completed application form

There is no application fee for a Heritage Permit  A Heritage Permit is required prior to any application for Building, Alteration or Demolition Permit, for which all regular fees will be applicable  A Heritage Permit may be required on Designated Properties for items which do no generally require a Building Permit; staff will guide you through this procss

Four (4) copies of applicable drawings.

Supplemental information, may be requested upon further review of the application.

Prior to construction, demolition, alteration or a building permit being issued, the Heritage Permit must be issued from The Town of Huntsville. If you have any questions or require any information relating to the application please contact the Development Services Department.

Attachment to CS-2015-15

Application for Heritage Permit

1. OWNER/AGENT INFORMATION

1.1 Name of Owner:

Address: Postal Code:

Tel: (H) (W)

Email: Cell:

1.2 Name of Applicant / Agent:

Address: Postal Code:

Tel: (H) (W)

Email: Cell:

2. LOCATION

2.1 Civic (911) Address:

Concession: Lot:

Former Geographic Township:

Reference Plan: Part(s):

Assessment Roll Number: 4442-______- ______- ______

3. HERITAGE DESIGNATION INFORMATION

3.1 By-Law #:

3.2 What type of Permit is Required: Alteration or addition Demolition New Construction Repeal of Designation By-law 4. CORRESPONDING APPLICATIONS

Is or has the subject land ever been the subject of an application for Building Permit, Consent, Site Plan, or Minor Variance?

Yes No Unknown

If yes, please provide file numbers and status:

P a g e | 2

5. DESCRIPTION OF WORK TO BE COMPLETED: ______

6. STRUCTURES Complete for all structures, both existing and proposed.

Existing: Footprint Footprint Area Gross Floor Area # stories of Date Constructed Front Yard Setback Side Yard Setback Yard Rear Setback Height Dimensions

Proposed: Footprint Footprint Area Gross Floor Area # stories of Front Yard Setback Side Yard Setback Yard Rear Setback Height Dimensions

Please provide photographs if possible with your application.

Date Signature of Owner

P a g e | 3

43 INTERNAL PROCESS CHART GUIDELINE DESIGNATED HERITAGE PROPERTIES FOR INFORMATION ONLY, DOES NOT FORM PART OF POLICY - PROCESS MAY BE UPDATED, CHANGED AS REQUIRED

General Enquiry May issue Heritage Permit, only under from: conditions stated in policy

What does owner  Yes  customer  Is the Check want to do? property GIS: Wiki or  de-  online signated? resource  Build?  Consults Council Reports to Advises potential owner  Alter?  Permit Coordinator  with Mgr    makes  Permit Co- MHC Council  Demolish?  ACH Decision ordinator realtor/designer/architect relays info  No  Rezone  Planner  MHC  to /Variance ? customer 

Planning Application, Any Comment   Yes   origin Is the Check requested Planner Consults Council Communic property GIS: Wiki or Reports to Advises Planner  with Mgr    makes  ates Back de-  online MHC Council Consultant request for ACH Decision to signated? resource comment re: Heritage Impact   No  Comment  Customer or Value requested

 Customer wants more information: Info on previous owners  direct to Land Transfer Office, Bracebridge Previous building applications on property  direct to Planning Previous building permits on property  direct to Permit Co-ordinator General historic information  direct to Mgr ACH  Narrative, general knowledge  Library, resources in Muskoka Collection  Collection Co-ordinator, paid research NOTE 1 It is expected that as the portfolio of Designated Heritage Properties changes, ACH Manager will notify GIS who will update the resources in HIPS for Building/Planning Permit purposes.

NOTE 2 Manager of Arts, Culture and Heritage will collaborate with Corporate, Customer Service, Buiding and Planning to the Municipal Heritage Committee.

NOTE 3 Final decision is that of Council.

NOTE 4 Mgr ACH in collaboration with all other divisions, will update internal process based on internal and external feedback on the process, and/or in case of policy changes or program additions.

Attachment to CS-2015-15 44

TOWN OF HUNTSVILLE

DIVISION CAO’s Office Fire Clerks Human Resources & Corporate Information Community Services & Econ. Dev. Treasury Development Services Transportation Infrastructure

DEPARTMENT: Arts, Culture & Heritage

REPORT # CS-2015-22

Confidential: Yes No

To: Municipal Heritage Committee

From: Teri Souter, Manager of Arts, Culture & Heritage

Date Prepared: February 17, 2015

Meeting: February 24, 2015

Subject: Ontario Tool Kit Resources

RECOMMENDATION:

Requires Action For Discussion Only

IT IS RECOMMENDED THAT: Report, Reference No. CS-2015-22 dated February 24, 2015 prepared by Teri Souter, Manager of Arts, Culture & Heritage regarding “Ontario Tool Kit Resources” be received for information.

ORIGIN / BACKGROUND

The Ontario Ministry of Tourism, Culture and Sport maintains resources regarding Designated Heritage Properties in both print and online at http://www.mtc.gov.on.ca/en/heritage/heritage_toolkit.shtml

DISCUSSION

Knowledge of the availability of these resources and their content will benefit the Municipal Heritage Committee in its advisory role providing information to Council. The information attached to this report is current at date of report. The Ontario Heritage Tool Kit may be updated overtime. The information attached is provided to committee for reference. In any case where the information provided here does not match the current information in the Ontario Heritage Tool Kit, the more recent version of the tools in the Ontario Heritage Tool Kit will be used for reference. Staff will endeavor to ensure the most recent information from all sources is made available to the Municipal Heritage Committee.

FINANCIAL IMPLICATIONS – (Manager of Finance / Treasurer must sign Report)

Yes (If yes, fill in below) No

INSURANCE/RISK MANAGEMENT IMPLICATIONS – (Risk Management & Purchasing Coordinator must sign Report)

Yes (If yes, fill in below) No

HUMAN RESOURCES IMPLICATIONS – (Executive Director of Human Resources & Corporate Information must sign Report)

Yes (If yes, fill in below) No

SUSTAINABILITY IMPLICATIONS – (Executive Director of Development Services must sign Report)

Yes (If yes, fill in below) No

ACCESSIBILITY IMPLICATIONS

Yes (If yes, fill in below) No

COUNCIL STATEMENT OF DIRECTIONS AND PRIORITIES*

Unity Plan, 2010 – Goal #10 – Encourage and foster continual growth of arts, culture & heritage through municipal support Community Master Plan, 2011 – Goal #4.0; 4.1 Cultural Strategy, 2011 *Strategic plans are under review by current Mayor and Council, with stated goal to consolidate existing plans into one Community Strategic Plan.

POLICIES / LEGISLATION

Ontario Heritage Act

CONSULTATIONS

Ontario Ministry of Tourism, Culture and Sport

PROVISION OF NOTICE (As per the current Town of Huntsville Provision of Notice Policy By-law)

Notice Required?: Yes (If yes, fill in below) No

Class #: Part #: Subject Matter:

Date(s) to be Advertised in Newspaper (If applicable):

Date of Posting on the Town Website (If applicable):

46 ATTACHMENTS Provincial Tools: Understanding the Role of Advisory Committees Why designate? Listing Cultural Heritage Properties on the Municipal Register Basics of a Municipal Register of Cultural Heritage Properties Ontario Regulation 9/06 Made Under The Ontario Heritage Act The Property Evaluation Process Sample: Property Survey Recording Form Eight Guiding Principles in the Conservation of Built Heritage Properties Insurance and Heritage Properties Heritage Conservation Principles for Landuse Planning Ontario Heritage Act, Part IV: Provincial Powers to Conserve Property of Cultural Heritage Value or Interest of Provincial Significance Investing in Heritage: Municipal Tax Back Grants Appendix: Flowcharts 1. Designation by Municipal Bylaw 2. Amendment of Designating Bylaw 3. Amendment of Designation Bylaw (Exception) 4. Repeal of Designating Bylaw, Council’s Initiative 5. Repeal of Designating Bylaw, Owner’s Initiative 6. Alteration of Property 7. Demolition or Removal of Structure

CONCLUSION Committee accepts the report and attachments from the Ontario Heritage Tool Kit for information.

SIGNED______Prepared by: Teri Souter, Manager of Arts, Culture & Heritage

SIGNED______Approved by: Kari Lambe, Executive Director of Community Services and Economic Development

N/A______Approved by: Denise Corry, Acting Chief Administrative Officer (If Applicable)

N/A______Approved by: Julia Finch, Manager of Finance / Treasurer (If Applicable)

N/A______Approved by: Karen Schamehorn, Risk Management & Purchasing Coordinator (If Applicable)

N/A______Approved by: Lisa Smith, Executive Director of Human Resources & Corporate Information (If Applicable)

N/A______Approved by: Mike Gooch, Executive Director of Development Services (If Applicable)

47 UNDERSTANDING THE ROLE OF ADVISORY COMMITTEES

The Municipal Heritage Committee role is advisory and consultative. Like other advisory committees, it assists municipal councils in gathering and communicating community input on local issues. Committees assist municipal councillors and staff in understanding the challenges and needs· for meeting community goals. Their role is to advise and make recommendations as defined by the terms of reference approved by municipal council.

The committee members are volunteers drawn from the community and represent a cross-section of interests and perspectives. As a representative of the community, the advisory committee is recognized as a vehicle for conveying community interests.

The role of an advisory committee may be summarized as follows: • To advise and recommend; • To provide knowledge and expertise; • To facilitate community awareness, support and education about the issues at hand; • To assist in the work of the municipality by ensuring open dialogue on specific issues; • To create a climate of consensus; • To enable and share best practices;

~ To be sensitive to the range .of views in the community which it represents;

48 Designation under the Ontario Heritage Act is one tool that hundreds of communities across Ontario have used to protect thousands of heritage

·:;,·,-_·;.;:<~\}·.. - properties. Properties can be designated individually (under Part IV of the ~· . Act) or as part of a larger area or Heritage Conservation District (under Part Pla.nr1tngt9,r'fo~··:foture·.··bf a .. V). strong, vibranJcom.niun ity Heritage designation: r~quires· knowled~e·af.the·· past • RECOGNIZES the importance of a property to the local community; and:ah·~nderstanding:.ofwhat • PROTECTS the property's cultural heritage value; we valUein fhe·pres.ent . . · • • ENCOURAGES good stewardship and conservation; and Existing huildir;~st~tructures •. • PROMOTES knowledge and understanding about the property. a.nd landscaees oJ'ten pefine a · For the community, designation of heritage properties provides a process to cornnwriity?s uni.qqe·identity .. ensure the heritage attributes of a property are conserved over time. Property an·d·give.it.e~aracJet~nd·a .. owners, the Municipal Heritage Committee and municipal staff work together sense ofplace. to.help guide to ensure that changes to the property respect its value. change;itis importar1tfo · · · For the property owner, designation recognizes the significance of their identify and protectfhe places property and assures them that future owners will respect and appreciate their intllecommunitythat.have · investment. Designation may also provide property owners with access to cu lturar heritage' value. grants, loans or tax relief to support the conservation of the property. ' , ... ·. For more information on what it means to designate a property, refer to the following Ministry of Culture publications: • Designating Heritage Properties: A Guide to Municipal Designation of Individual Properties under the Ontario Heritage Act, or • Heritage Conservation Districts: A Guide to District Designation Under the Ontario Heritage Act.

For more information, please call the Ministry of Culture at ( 416) 212-0644 or Toll Free at 1-866-454-0049 or refer to the website at www.culture.gov.on.ca. The information contained in this InfoSheet should not be relied Llpon as a substitute for specialized legal or professional advice in connection with any particular matter. Spring 2007 © Queen's Printer for Ontario, 2007. If credit is given and Crown copyright is acknowledged, this material may be Disponible en fram;ais reproduced for non-commercial purposes.

49 Listing Cultural What is the municipal register of cultural heritage properties? Heritage Properties Section 27 of the Ontario Heritage Act requires the clerk of every local on the Municipal municipality to keep a current, publicly accessible register of properties of Register cultural heritage value or interest situated in the municipality. The municipal register is the official list or record of cultural heritage properties Identifying properties of cultural that have been identified as being important to the community. heritage value is an essential The register must include all properties in the municipality that are designated part of municipal heritage under Part IV (individual designation) and Part V (district designation) of the conservation. This note Ontario Heritage Act. For properties designated under Part IV, the register must explains the importance of include: listing heritage property on the a) a legal description of the property; municipal register in planning for b) the name and address of the owner; and c) a statement explaining the cultural heritage value or interest of the property and managing cultural heritage and a description of its heritage attributes. resources at the local level. For districts designated under Part V, the register must include a map or description of the area of each district.

As of 2005, the Ontario Heritage Act also allows municipalities to include on the municipal register properties of cultural heritage value that have not been designated. This is commonly known as "listing." See subsection 27 (1.2) of the Ontario Heritage Act.

Listing is a means to formally identify properties that may have cultural heritage value or interest to the community. It is an important tool in planning for their conservation and now provides a measure of interim protection.

Why list property on the register?

While the legislation does not require municipalities to list properties on the register, listing is strongly recommended. A comprehensive register of cultural heritage properties, including both designated and listed properties, has the following benefits: • The register recognizes properties of cultural heritage value in the community The Ministry of Culture is interested in • The register promotes knowledge and enhances an understanding of the your experience with municipal community's cultural heritage registers and listings. If you have • The register is a planning document that should be consulted by municipal comments or suggestions, please decision makers when reviewing development proposals or permit applications contact the Ministry of Culture at • The register provides easily accessible information about cultural heritage (416) 212-0644 or Toll Free at 1-866- properties for land-use planners, property owners, developers, the tourism 454-0049 or [email protected]. industry, educators and the general public • The register provides interim protection for listed property (see below) Spring 2007

Dispomble en franr;ais Page 1 of 3 50 Interim protection for listed properties

Changes to Ontario's Building Code Act, which took effect January 1, 2006, brought new, accelerated building permit review timeframes. These include, for example, 10 days for a house and 20 days for a large building.

Building permit review timeframes allow municipalities and municipal heritage committees little time to assess properties facing demolition or alteration that are potentially of cultural heritage value to the community.

Amendments to the Ontario Heritage Act made in June 2006 address this issue. These changes now provide interim protection for listed properties (see subsections 27 (3)-(5) of the Ontario Heritage Act). Owners of listed properties must give the council of the municipality at least 60 days notice of their intention to demolish or remove a building or structure on the property.

This allows time for the municipality to decide whether to begin the designation process to give long term protection to the property.

What is the process to list non-designated properties on the register?

Municipal council's approval (normally given by resolution) is required to add cultural heritage properties that have not been designated to the register. In municipalities with a municipal heritage committee, council must consult with its committee before a non-designated property is added to or removed from the register.

For a non-designated property to be entered on the register, the only information required is a description sufficient to identify the property without the chance of confusion, such as the property's street address.

Although detailed research and evaluation of the property is not required, a brief rationale should be provided explaining why it may be important to the community.

A municipality is not required to consult with property owners or the public to list non-designated properties in the register. However, notifying owners of the listing of properties is recommended. For example, when the Toronto Preservation Board (Municipal Heritage Committee) recommends a property's inclusion on the Register, property owners are notified and invited to attend the Toronto Preservation Board meeting to discuss the matter.

Discussion with the broader community may also be helpful. The City of Kenora, for example, held a public forum to help decide which significant heritage buildings should be included in its register.

Requests to list a property on the municipal register may come from property owners, municipal heritage committees, municipal heritage or planning staff, local historical societies or residents' associations.

51 Across Ontario, municipal planners and municipal heritage committees are working to develop comprehensive, up-to-date municipal registers that include both designated and listed properties.

Questions to think about: • Has your municipality previously established an inventory or list of properties of cultural heritage value? • Was this list adopted by council? • Were property owners advised? • Does the list consider the full range of properties of cultural heritage value, including landscapes?

Depending on the answers to the questions posed above, the municipality may simply choose to "roll" all or part of an existing list into the register. Or it may wish to undertake a new process to identify properties for listing.

To decide which properties should be listed on the register, the municipality may want to consider the criteria for designation set out in Ontario Regulation 9/06 under the Ontario Heritage Act (Criteria for Determining Cultural Heritage Value).

For more information on the municipal register and listing, please refer to the Heritage Property Evaluation Guide in the Ontario Heritage Tool Kit at: www.culture.gov.on.ca/english/culdiv/heritage/Toolkit/HPE Eng large.pdf

The Ontario Heritage Act is at: www.e-laws.gov.on.ca/DBLaws/Statutes/English/90o18 e.htm.

The information contained in this InfoSheet should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter.

© Queen's Printer for Ontario, 2007. If credit is given and Crown copyright is acknowledged, this material may be reproduced for non-commercial purposes. Page 3 of 3 52 BASICS OF A MUNICIPAL REGISTER OF CULTURAL HERITAGE PROPERTIES

The Ontario Heritage Act requires that the register include all properties that are protected by the municipality (under section 29) or by the Minister of Culture (under section 34.5). OHA, ss. 27(1.1J For these properties there must be: • a legal description of the property; • the name and address of the owner; and • a statement explaining the cultural heritage value or interest of the property and a description of the ,heritage attributes. The Ontario Heritage Act allows a municipality to include on the r.egister property that is not designated but considered by the municipal council to be of cultural heritage value or interest. There must be sufficient desc1"iption to identify the property. OHA, ss. 27[1.2J A municipality may consider including properties on the 1"egister that are protected by heritage conservation easements and/or recognized by provincial or federal jurisdictions. The 1'atio11ale or selection criteria used to survey the community and compile the register should be clearly stated. The recorder(s) undertaking the survey of properties should have knowledge of the heritage of the community and some training in identifying and evaluating cultural heritage properties. lnfo1'mation about all properties should be recorded in a consistent and objective way. Not all cultural heritage properties are old. Many recent structures hold cultural heritage value or interest in their design, craftsmanship, function, ownership or for other reasons. Using physical condition as a determining factor in whether or not to list a property on the register is not advised. A property may be in an altered or deteriorated condition, but this may not be affecting its cultural heritage value or interest. A commitment to maintaining and revising the register through historical research and analysis of the listed properties will give the l"egister more credibility in local her'itage conservation and planning. The register should be readily available to municipal staff and officials, property owners and the public.

--~---·------The register can be a valuable tool for land-use planners, educators, tourism, and economic developers. For example, it can be used to plan Doors Open events, educational programs, celebrate historic events and anniversaries, promote a community and encourage innovative development.

IEI Heritage Property Evaluation • Compiling a Registe1' of Cultural Hetitage Properties 53 ONTARIO REGULATION 9/06 MADE UNDER THE ONTARIO HERITAGE ACT

CRITERIA FOR DETERMINING ii. yields, or has the potential CULTURAL HERITAGE VALUE to yield, information that con OR INTEREST tributes to an understanding Criteria of a community or culture, or iii. demonstrates or reflects 1. [1) The criteria set out in subsec the work or ideas of an archi tion [2) are prescribed for the tect, artist, builder, designer purposes of clause 29 [1) [a) or theorist who is significant of the Act. to a community. [2) A property may be designated 3. The property has contextual under section 29 of the Act if it value because it, meets one or more of the follow i. is important in defining, ing criteria for determining maintaining or supporting whether it is of cultural heritage the character of an area, value or interest: ii. is physically, functionally, 1 . The property has design value visually or historically linked or physical value because it, to its surroundings, or i. is a rare, unique, representa iii. is a landmark. tive or early example of a style, type, expression, material or Transition construction method, 2. This Regulation does not apply in ii. displays a high degree of respect of a property if notice of craftsmanship or artistic merit, intention to designate it was given or under subsection 29 [1.1) of the iii. demonstrates a high degree Act on or before January 24, of technical or scientific 2006. achievement. 2. The property has historical value or associative value because it, i. has direct associations with a theme, event, belief, person, activity, organization or institu tion that is significant to a community,

54 THE PROPERTY EVALUATION PROCESS

Community Context

• Knowledge of the history, achievements and aspirations of the community gives perspective to what cultural heritage value or interest may be held by the property. o Learn about community history and activities that may hold cultural herita e value or interest Visit the Property

• A preliminary site visit will give some context and raise questions to be addressed by the historical research. o The historical research findings may reveal use of the property, key dates or associations not previously known o Record the property using photographs and notes Historical Research

• Historical research involves consulting records and other documentation to learn the history and cultural associations of the property. o Search pre-patent land records for early properties o Search Land Registry Office property Abstracts and registered documents o Review property tax assessment rolls o Review sources such as census records, directories, photographs, maps, newspapers, insurance plans, business records, family materials, publications, archival materials • A second site visit will be an opportunity to look for physical evidence of these findings. Site Analysis and Physical Evidence

• A site analysis can involve photographs, measurements, observation and analysis of the physical characteristics of the property. The historical research findings compared with the physical evidence should ensure collaboration in the known information about the property. o Develop knowledge of construction, materials, architectural style and other related topics o Analyse and record the physical characteristics of the property Evaluation and Report

• Within the context of the heritage of the community, the findings of the historical research and site analysis are used to evaluate the property for Design/Physical Value, Historical/Associative Value and Contextual Value. o Merge the historical research information with the· physical evidence o Make conclusions and deductions based on the supporting documentation o Identify any cultural heritage value or interest of the property o Describe the heritage attributes that support that value or interest

55 Sample: Property Survey Recording Form

This form collects the information 8 Identify the materials used useful as an initial survey of properties Examples: Wood, stone, metal, that may be listed on the municipal plastic or other register of cultural heritage properties. 9 Does the property display any Other categories of local importance particular qualities of artistic can be added. Recorders are encour merit, craftsmanship, technical or aged to learn about the heritage of scientific achievement, expression the co'mmunity as a whole before or innovation? undertaking this survey. Historical or Associative Value Recorder 1 O What do you know about this 1 Date of recording property from research or local 2 Name of recorder traditions? List sources o Municipal Heritage Committee 11 Does the property have any fea o Municipal Staff tures similar to other properties? o Heritage Consultant Contextual Value D Student 1 2 Does the property define, maintain D Other or support the character of an 3 What is your level of expertise in area? identifying and describing a cultural 13 Is the property physically, function heritage property? ally, visually or historically linked to D Beginner its surroundings? o Some Experience 14 Is the property a landmark? D Expert Status Property Identification 1 5 Identify any physical or other risks 4 Street address and legal description to the condition and/or integrity 5 Name of building, if any of the property and/or individual features 6 Name and address of owner Photographs Design or Physical Value 1 6 Photographs should be taken from 7 Identify the type of property the nearest publicly accessible Examples: Residential, commercial, viewpoint. [Do not enter a property institutional, agricultural or indus without permission.) The front or trial building; monument such as prominent feature will be used as a cenotaph, statue or public art; the key image. Identify all images structure such as a water tower, with north, south, east and west culvert, fence or bridge; natural orientation. feature that has cultural heritage value or interest; cemetery, grave Recommendation stone or cemetery marker; cultural heritage landscape; spiritual site; 17 Make an initial recommendation interior; ruins or other feature or comment on whether or not to list a property on the municipal register. Give reasons.

II Heritage Property Evaluation • Compiling a Register of Cu/tum/ Heritage Properties 56 Do not base restoration on conjecture. Conservation work should be based on historic documentation such as historic photographs, drawings and physical evidence.

2. RESPECT FOR THE ORIGINAL LOCATION: Do not move buildings unless there is no other means to save them. ' . Site is an integral component of a building or structure. Change in site Thefollbvving guiding , diminishes cultural heritage value considerably. principles are rn inistry .. stat~riients in the: conservation 3. RESPECT FOR HISTORIC MATERIAL: Repair/conserve - rather than replace building materials and finishes, ofBui.It Qeritage prope~ie.s ~nd except where absolutely necessary. · ate based on international Minimal intervention maintains the heritage content of the built resource. charterswhich have beetr established overthe c~mtury •.. 4. RESPECT FOR ORIGINAL FABRIC: These principles provide the Repair with like materials. basis tor alfdecisions · Repair to return the resource to its prior condition, without altering its integrity. .concerning good practice jn ' 5. RESPECT FOR THE BUILDING'S HISTORY: •heritage·conservation around Do not restore to one period at the expense of another period. the world.Principles explain Do not destroy later additions to a building or structure solely to restore to a the·"why" of every single time period. conservation activityand apply 6. REVERSIBILITY: to all heritage properties and Alterations should be able to be returned to original conditions. This their surroundings. conserves earlier building design and technique. e.g. When a new door opening is put into a stone wall, the original stones are numbered, remov_ed and stored, allowing for future restoration.

7. LEGIBILITY: New work should be distinguishable from old. Buildings or structures should be recognized as products of their own time, and new additions should not blur the distinction between old and new.

8. MAINTENANCE: With continuous care, future restoration will not be necessary. With regular upkeep, major conservation projects and their high costs can be avoided. For more information, please call the Ministry of Culture at (416) 212-0644 or Toll Free at 1-866-454-0049 or refer to the website at The information contained in this InfoSheet should not be relied upon as a substitute www.culture.gov.on.ca. for specialized legal or professional advice in connection with any particular matter.

57 ®Ontario August 2006

Insurance and Heritage Properties What is heritage designation? Designation is a way for owners to express Will heritage designation make my property insurance pride in the heritage value of their p:roperty, and premiums go up? for the col11lllunity to protect and. promote Your premiums should not go up as a result of a heritage designation. awareness of its local history. · The ·· Ontario A variety of other reasons cause insurance companies to increase Heritage Act enables municipalities to designate premiums for older buildings if there is a higher level of risk, such as properties of. cultural heritage value or interest services (out-dated wiring, old heating systems, etc.). In fact, some through a by-law. companies do not insure buildings over a certain age. Designation Designation can apply to individual properties itself, however, does not place additional requirements on the insurer or to ·a whole neighbourhood or district. If a and therefore should not affect your premiums. property or district is designated, it gains public recognition as well as protection from demolition What happens if a building is destroyed by fire, or some or unsympathetic alteration so that the heritage other accident? Would it have to be rebuilt as it was? attributes of the property can be conserved. The intent of designation is to preserve the historic, physical, my property is designated, do I have contextual or other community heritage value of a property. If a H to building on a heritage property is completely or partially destroyed, restore the property to its. original design or the designation by-law does not oblige the owner to replicate any lost appearance? Heritage designation does not require you to heritage attributes. A replacement building, for example, can be of a restore your building to its original appearance. different design. The designation by-law identifies the heritage attributes that are considered important, and What if I want the original features of my property to be council approval is required for changes that will replicated in case of damage? affect those attributes. If this is what you want, make sure you're properly covered. If you want to restore any lost or missing Insurance coverage for this depends on the degree of risk you and features, you should discuss your project first with your insurance company are prepared to share. The age, quality and the Municipal Heritage Committee or appointed condition of your building will affect what coverage is available and municipal staff person. They can best advise on the premium charged. the proposed work and its likely impact on your "Replacement cost" coverage requires prior insurance appraisal of the property - especially if this involves the removal building. It generally provides for the property to be repaired or of any important feature from a later period. replaced with like kind and quality up to the amount stated in the policy. If available, guaranteed replacement cost coverage can Do I need permission for general maintenance? provide for replication of original historical detailing and other General maintenance work, such as repainting important features that have been lost or damaged - whether or not a of exterior trim, replacement or repairs to an property is designated. Some insurance companies even offer a existing asphalt roof, or alterations and repairs to special type of"by-law endorsement" coverage. If you have a property features that are not covered by the designated property, it is advisable to share your designation by-law designation by-law do not usually require heritage with your insurer in order to be ce1iain that heritage attributes are approvals. However, you may still need a properly covered by your policy. building permit. Check with your local building department. You can also obtain coverage for "actual cash value" (ACV). The ACY is the calculated cost of replacing the property with something Who decides whether the work is acceptable or of like kind after taking depreciation into account. When you atTange not? the insurance, be sure to speak with your insurance representative Council is responsible for deciding on about the basis of your claims settlement. It is important to applications for a heritage permit, unless this understand what you can expect if the building were to be completely power has been delegated to municipal staff. or partially destroyed by an insured peril. Normally the Municipal Heritage Committee will As with any insurance plan, it's best to research the various insurance review applications for changes to the property providers in order to find the most competitive rate and best service and provides advice to staff and council. Staff from your insurer. and committee members can advise you on how to ensure that the changes you want to make If you have further questions, you can contact the Insurance Bureau of won't detract from the property's heritage Canada Consumer Information Centre at 416-362-9528 or 1-800-387- attributes. 2880 (Direct Lines) Consumer Officer(s) available Mon. to Fri. 8:00 am to 6:00 pm. Voice mail is available 241n·.

58 Timeliness "' It is important to identify heritage conservation issues at the beginning of the )J planning process and to make continuous reference to heritage conservation ·: l issues throughout the decision making process . .'~-.-.l ·· ·' Value/Significance . , Respect for the significance of the resource must be taken into consideration ·J at every step in the planning and decision-making process. IC -=\\,:·-:,1-:_, ,,;:;: '':.· ;;·.:·.'-:: Respect the cultural values of the community for whom the resource has significance. Evaluation of significance should reflect consensus among community members with an interest in the preservation, use and development of cultural heritage.

Evaluation must be based on proper research. Evaluation clarifies where significance or value lies in cultural heritage and how that significance is expressed.

Inclusiveness Look at the community as a whole before you look at individual parts. Consider both tangible heritage resources such as structures and artifacts and intangible heritage resources such as cultural expressions, stories, songs etc.

In a community, a heritage resource is part of a whole system which includes the natural environment and human activities. The activities of one part may lncreaSihglY/~.l)hi Cf p~I ,'·· ·.· · affect the other parts. Have concern for maintaining the integrity of the whole Heritage Gommitte'es may: be system. requeste¢fto, ~dvise planning departnientsand municipal Encourage approaches to planning that are sustainable, that minimize negative long-term impacts on the social, cultural, economic and physical councils on land.use planning aspects of cultural heritage resources. is~ues as these affectlocal heritage resourc,es thathave Respect for Context cultural heritage value or The surroundings or setting of a cultural heritage resource often contribute to interest. The following core its significance and vice versa. Where significance is linked to the contextual value of the resource, try to preserve the context. principles were developed to provide guidance to Municipal Try to maintain the same use for a heritage resource, or if this is not possible, Heritage Committees. find a compatible new use that does not demand too much change to the resource's physical fabric. For more information, please call the Ministry of Culture at (416) 212-0644 or Toll Free at 1-866-454-0049 or refer to the website at www.culture.gov.on.ca. Spring 2007 ·· Page 1 of 2 Disponible en fran<;ais

59 • InfoSheet .• ®Ontario

r"""·-~: ;-=<~~m

Retention The decision making process should always presume in favour of retaining the heritage resource. The only exception to this rule is when there is a demonstrated public benefit of greater importance than the protection of the heritage resource.

The significance, type, use and condition of a resource should be considered as part of the decision making process. Only allow changes that will offer the least harm to the resource or will provide the greatest potential to enhance its significance and appreciation.

Where negative impacts are unavoidable, effective mitigation must be applied including ri;:using and making sympathetic alterations, reconstruction, moving to an appropriate setting, commemoration on site or elsewhere, or recording th~ resource before any negative changes are made.

Caution Avoid decisions that will damage or harm the fabric of cultural heritage resources and their settings. Use approaches that offer the least risk to the fabric of the resource. Consider sympathetic alterations or reversible changes to it.

Give priority to measures that improve conditions for long-term conservation: focus on maintenance of parts, setting, function or use.

Ensure that approaches proposed for conservation have been proved reliable and effective and that they constitute good practice.

Public Benefit To understand and appreciate cultural resources, the public should be provided with accurate interpretation of the resource, through information that effectively communicates the importance and value of the resource.

' f1;@ iiif'6rrnatioii cohtl1ined in tfo'is t~~iosN:,et.shourci:notfr~·reiiec1.·t1pohjs a substitute .• .. {or{sp~C:iaiized Fe·gal or professional advice in connection.with any particular matter ,, T -·' • - , • • .- ·-•." - '.'.

(f) Queen's Printer for Ontario,· 2007. · · If credit is given ancl Crown copyright is acknowledged, this material may be reproduced for non-commercial purposes. Page 2 of 2

60 When will provincial designation and stop order powers be used?

Under the Ontario Heritage Act and Ontario Regulation 10/06, provincial designation is available only if a property is determined to be provincially significant or is located in parts of the province where there is no incorporated municipality (also known as unorganized territory) and the Minister determines that there is a provincial interest in designating the property.

The Ontario Heritage Act gives all lower tier municipalities the tools they need ; ..... - to identify and protect he.ritage property should they choose to use them. For 1112005'; change~;to :thEi ; > . . more information on the Ontario Heritage Act, see the Ontario Heritage Tool Ontario Heritage Actgave the·. · · Kit at http://www.culture.gov.on.ca/english/culdiv/heritage/Toolkit/toolkit.htm provit)ce•c:i strongerroleJr) the ' sqriservc:itipnpf 9yltU(al ''' ' The primary responsibility to identify and protect cultural heritage property ·her,itage property. continues to rest with the municipality. Provincial designation and stop order powers are not substitutes for lack of action at the local level. ;. If.s."fa.· resu.lt······ ofth~s~.qt{a.·.r1g'e!~.·~: •... ! theAct now enahlestfis . '· >;< What makes a cultural heritage property provincially significant? '. ·Mfr1~sferOfJo~·~i~~:a·ij~···· y· ..·• .•.· · To be considered provincially significant, properties must meet specific Qµlture,)n co11sultatiortwith provincial significance criteria set out in Ontario Regulation 10/06. Ontario . thH0ntarioHerftag~Trtis(t6 Regulation 10/06 is available at designate property of .· ·· http://www.e-laws.gov.on.ca/DBLaws/Regs/English/060010 e.htm. provincial significance and to prohibit the dernolition or How is provincial significance determined? removal a building or of Under the Act, the Minister of Tourism and Culture is required to consult with structure on designated the Ontario Heritage Trust, an agency of the Ministry of Tourism and Culture heritage property of provinCial to determine provincial significance. The Ontario Heritage Trust applies the significance. The Act also criteria for provincial significance set out in Ontario Regulation 10/06 to enables the minister to issue a evaluate provincial significance based on thorough historical research and site analysis. The Ontario Heritage Trust then advises the Minister of Tourism and stop order with respect to any Culture on provincial significance. property to prevent alteration, damage, or demolition or removal of any building or structure on the property, if the minister is of the opinion that the property may be of provincial significance.

For more information on provincial powers, please contact the Ministry of Tourism and Culture at (416) 212-0644 or Toll Free at 1-866-454-:0049 or [email protected]. Fall 2010 Page 1of2 Disponible en fran~ais 61 • In~oSheet • ® Ontario

- - -~~~~: f~ "·-- - r Ontario Heritage Act, Part JV: Provincial Powers What is the process to request provincial designation or stop order?

There is no formal application form for provincial designation or stop orders.

Any request to the minister should be made in writing and should provide documentation and rationale to support the request, e.g. research supporting a case for provincial significance.

A checklist of preliminary documentation for such a request is available from the Ministry of Tourism and Culture. Contact the ministry at (416) 212-0644 or Toll Free at 1-866-455-0049 or by email at [email protected].

How is provincially-owned heritage property protected and conserved?

Provincially-owned heritage property is protected under Part 111.1 of the Ontario Heritage Act, which gives the Minister of Tourism and Culture the authority to develop standards and guidelines for the conservation of property of cultural heritage value that is owned or controlled by the provincial government.

The Standards and Guidelines for Conservation of Provincial Heritage Properties, which came into effect on Ju1y·1, 2010, provide ministries and prescribed public bodies with the direction on the identification, protection, maintenance, use and disposal of heritage properties that they own or control.

Provincial heritage properties are not subject to designation by municipalities or the Minister of Tourism and Culture (provincial designation or stop orders).

The information contained in this InfoSheet should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter.

© Queen's Printer for Ontario, 2010. If credit is given and Crown copyright is acknowledged, this material may be reproduced for non-commercial purposes. Page 2 of 2 62 Municipalities can also use their power under the Community Improvement Plan provisions of the Planning Act to provide grants to conservation/ rehabilitation projects in defined Community Improvement Areas (Planning Act, Subsection 28 (7)). Under Sections 39 and 45 of the Ontario Heritage Act, municipal councils are authorized to pass by-laws providing for a grant or loan to the owner of any property that has been designated by by-law under Part IV (individual property designation) or Part V (heritage conservation districts). Subsection 39 (1) states that: "The council of a municipality may pass by-Jaws providing for the making of a grant or loan to the owner of a property designated under this Part for the purpose of paying for the whole or any part of the cost of alteration of such designated property on such terms and conditions as the council may prescribe." Municipalities can also use their grant making powers under the Ontario Heritage Act and the Planning Act to provide grants to owners of designated property for a limited period of time to offset a municipal property tax increase which has resulted from the alteration, repair or renovation of the property. Note: Section 365.2 of the Municipal Act, 2001 gives municipalities the option of passing a by-law to establish a local program to provide property tax rebate or relief (10 to 40 per cent) to owners of heritage properties. To be eligible, properties must have been designated under Part IV or V of the Ontario Heritage Act and/or subject to a heritage conservation agreement. Please refer to the guide "Getting Started: Heritage Property Tax Relief- A Guide for Municipalities." Tax Back Grants for Designated Properties: How Do They Work? Some municipalities, including Cobourg, Kitchener, London and Perth, have used these powers to provide "Conditional Heritage Grants" or tax back grants to qualifying property owners. The grant is equal to the amount of the annual increase in the municipal portion of the real property taxes for such property that is the direct result of a re-assessment arising from an approved restoration/rehabilitation project. The amount of the grant is calculated to match the increase in property taxes that would result from improvements to the heritage property. The municipality and the property owner sign an agreement that the For more information,. please call the municipality will freeze the amount of property tax at the pre-restoration/ Ministry of Culture at (416) 212-0644 rehabilitation level for a number of years. The owner agrees to apply the total or Toll Free at 1-866-454-0049 or amount of this "grant", i.e. difference between the pre- and post refer to the website at restoration/rehabilitation levels, to the designated property's www.culture;gov.on.ca. restoration/rehabilitation. A municipal by-law is required to enact such a tax back grant program. Spring 2007

Page 1of3 Disponible en franr;ais

63 Tax Back Grants usually apply to properties designated under the Act, individually or in districts. Grants can be made to any owner of designated property, including owners of designated property within a defined area such as a heritage conservation district or community improvement area, who makes an application or request for the grant and complies with the requirements or conditions set out by the municipality. For example, in the Town of Cobourg the tax back grants are available to property owners in the town's Commercial Core Heritage Conservation District and are calculated by providing a credit against the property owner's real property taxes annually for a maximum period of time, usually 10 years. The grant applies only to an increase in real property taxes that arises directly from approved restoration projects and does not apply to an increase in taxes that arises from· mill rate increases, additions to buildings or structures or other types of improvements. The administrative process would be either to retain the original tax rate for a period of time or to increase taxes to the full amount and return the difference in the form of a grant in lieu of the tax increase.

Tax Back Grants: Conditions A Tax Back Grant program can include conditions. The Act allows council to prescribe terms and conditions for the payment of the grant. Conditions may apply, for example, if a property is sold, transferred or otherwise disposed of within a defined period of the making of the grant. In the Cobourg example, the total of all grants made by a municipality to the date of the sale or transfer of the property for which a grant has been made will automatically become a Repayable Loan, payable by the property owner to the municipality. In the event that real property or business taxes are not paid in full by the end of the year in which a property has received a grant, the grant for that year will become a Repayable Loan. Grants converted to repayable loans are then maintained in a special account and used to finance other heritage grants. The grant must be used for the purpose, and only for the purpose, of paying for all or part of the cost of approved "alteration" of the designated property. The grant amount provided to the property owner will be based upon the increase in municipal taxes as a result of an increase in assessment. The grants have the effect of deferring the full amount of taxes that would otherwise be due as a result of the re-assessment. In practice, no money changes hands.

64 A municipality may determine one or more levels of eligibility for Tax Back Grants. Priority buildings are those designated under the Ontario Heritage Act and rehabilitated or restored in such a way that would not compromise the "reasons for designation," or ,in the language of the recent amendments to the Act, the "heritage attributes" which are particular features that should be protected for the future and are outlined in the description of heritage attributes. For an example of eligibility requirements, please see the City of London's Downtown Rehabilitation and Redevelopment Grant Program.

Tax Back Grants: Community Benefits Tax Back Grant programs are based on sound public policy that is embodied in the Ontario Heritage Act and the Planning Act to conserve and protect significant heritage property, places and districts. The objective of deferring or rebating a property tax increase via tax back grants for a limited period of time after a building is restored or rehabilitated is to attract property owners and developers to target these significant older structures for heritage sensitive development. Except for administrative costs, a Tax Back Grant program does not jncur new costs on the municipality. This mechanism can work even in small municipalities with modest municipal staff and resources. With such a program in place, a municipality does not receive any increase in property tax resulting from the renovation of a designated property until the deferral period (five to 10 years) is completed. If this property were not renovated, however, there would be no increase in property taxes in any event. Benefits to a municipality from such a tax back grant program • Increase economic activity and job opportunities in construction work; • Convert underused or vacant structures into fully functional properties; • Contribute to community revitalization; • Contribute to stable neighbourhoods and property values; • Stimulate the rehabilitation or renovation of existing buildings; • Ensure the protection and usefulness of the municipality's priority heritage properties.

The conservation of our heritage properties, places and districts is a means of making our municipalities and communities more attractive and more liveable. Places considered "liveable" are appealing places to do business and to promote as tourist destinations. It's worth the investment!

:·: Th,ei infor ;~~t106, contalri~d ;i~thi~·"t~·f,~S8.6f~t $ho~lcf r"lol: be rBI ted upon as a $~b~tifQte: .• ·. . for. .specitJl!ietf. lega~ Of; pr(Jf~SijfOli~[J:lEfvi~e' in corinedfoh Wrth any parf:icUtai' matfBF; .· "1g QLree~;lPrrn(e(for 011ta1'io; 2dui-• -- ·· -- -- ···· If credit is given and Crown copyright is acknowledged, this n1aterial may be reproduced for non-commercial purposes. Page 3 of 3

65 Appendix: Flowcharts

1 . Designation by Municipal Bylaw

2. Amendment of Designating Bylaw

3. Amendment of Designating Bylaw (Exception)

4. Repeal of Designating Bylaw, Council's Initiative

5. Repeal of Designating Bylaw, Owner's Initiative

6. Alteration of Property

7. Demolition or Removal of Structure

66 1. Designation by Municipal Bylaw [Section 29 of the Ontario Heritage Act)

Designation proposed )

Council consults with MHC

NO• Council Decision: ~-ceed with designation? ·~~P-ro_p_er_ty~no_t_d_es_ig_n_at_e_d~~)

YES;

Notice of Intention to Designate: 1. Served on property owner 2. Served on DHT 3. Published in newspaper

YES· Objection referred to Notice of Hearing ~ CRB for hearing published in newspaper 1 NOi

CRB hearing and report

Council Decision: Council considers CRB Report ~ Designate property? ...... _

•NO

Designating bylaw passed & Notice of Withdrawal of registered on title Intention to Designate: 1. Served on property owner 2. Served on OHT 3. Published in newspaper

Notice of Designation: ~- 1. Served on property owner 2. Served on OHT 3. Published in newspaper Property not designated )

Property listed on municipal and provincial registers

Property listed on Canadian Register

Designating Heritage Properties • Appendix: Flowcharts 67 2. Amendment of Designating Bylaw (Section 30.1 (1) of the Ontario Heritage Act)

Amendment proposed )

Council consults with MHC

NO• Council Decision: ~ith amendment? ~~~By_la_w~no_t_a_m_en_d_e_d~~J

Notice of Proposed Amendment: 1. Served on property owner 2. Served on OHT 3. Published in newspaper

YES, Objection referred to Notice of Hearing ~ CRB for hearing published in newspaper

NO CRB hearing and report

Council Decision: . Council considers CRB Report ~;·

YES• NO

Amending bylaw passed & Notice of Withdrawal of registered on title Proposed Amendment: 1, Served on property owner 2. Served on OHT 3. Published in newspaper Notice of Amendment: ·~ 1. Served on property owner 2. Served on OHT 3. Published in newspaper Bylaw not amended )

Municipal and provincial registers updated

Canadian Register updated

Designating Heritage Properties • Appendix: Flowcharts 68 3. Amendment of Designating Bylaw (Exception) (Section 30.1 (2) to (10) of the Ontario Heritage Act)

Amendment proposed )

Council consults with MHC

Bylaw not amended )

Notice of Proposed Amendment: 1. Served on property owner

YES Objection referred to Notice of Hearing , Prop~:i~~i~w;~rrl~~~~tion ~ CAB for hearing published in newspaper ~ NO CAB hearing and report

Council Decision: Council considers CAB Report ,,~~::/

ves: NO

Amending bylaw passed & Notice of Withdrawal of registered on title Proposed Amendment: 1 . Served on property owner 2. Served on DHT 3. Published in newspaper (if CAB hearing has taken place) Notice of Amendment: 1 . Served on property owner ~· 2. Served on DHT 3. Published in newspaper (if CAB hearing has taken place) Bylaw not amended J ~-

Municipal and provincial registers updated

Canadian Register updated

Designating Heritage Properties • Appendix: Flowcharts 69 4. Repeal of Designating Bylaw, Council's Initiative (Section 31 of the Ontario Heritage Act)

Repeal proposed )

Council consults with MHC

Bylaw not repealed )

Notice of Intention to Repeal: 1. Served on property owner 2. Served on OHT 3. Published in newspaper

YES Objection referred to Notice of Hearing ~··· CRB for hearing published in newspaper

NO• CRB hearing and report

Council Decision: Council considers CRB Report ~··.

' YES 'NO

Repeal bylaw passed & Notice of Withdrawal of registered on title Intention to Repeal: 1. Served on property owner 2. Served on OHT 3. Published in newspaper Notice of Repeal: ~ 1. Served on property owner 2. Served on OHT 3. Published in newspaper Bylaw not repealed ) ~

Property removed from municipal and provincial registers

Property removed from Canadian Register

Designating Heritage Properties • Appendix: Flowchar'ts 70 5. Repeal of Designating Bylaw, Owner's Initiative [Section 32 of the Ontario Heritage Act)

Repeal requested by property owner Bylaw not repealed ) ·-----~

NO. Notice of Decision to Refuse: Council consults with MHC 1 . Served on property owner Property owner objection 2. Served on DHT. ----~ ··~ YES,

Objection referred to NO CRB for hearing

Notice of Hearing YES published in newspaper

Notice of Intention to Repeal: 1. Served on property owner 2. Served on OHT Council considers CRB Report I· CRB hearing and report 3. Published in newspaper

YES Objection referred to Notice of Hearing ~· CRB for hearing published in newspaper

NO' CRB hearing and report

Council Decision: Council considers CRB Report ~· YES .NO

Repeal bylaw passed & Notice of Withdrawal of Intention registered on title to Repeal: 1 . Served on property owner 2. Sel'Ved on OHT 3. Published in newspaper Notice of Repeal: ~· 1. Served on property owner 2. Served on OHT 3. Published in newspaper Bylaw not repealed ) ~

Property removed from municipal and provincial registers

Property removed from Canadian Register * Council decision final where CRB heal'ing has taken place

Designating Heritage Properties • Appendix: Flowcharts 71 6. Alteration of Property (Section 33 of the Ontario Heritage Act)

Property owner application to Council/delegate

Property can be altered (in accordance with any terms Notice of Receipt: and conditions) 1. Served on property owner

NO Notice of Decision to Consent (including any terms and Property owner objection Council/delegate consults conditions): to terms and conditions with MHC 1 . Served on property owner within 30 days? 2. Published in newspaper Of CRB hearing has taken place) YES

Objection referred to Council/delegate CRB for hearing Decision" YES within 90 days: ------' Consent to -..i!PPl'rcation? ...... Notice of Hearing published in newspaper NO:

Notice of Decision to Refuse Council/delegate considers CRB hearing and report 1. Served on property owner CRB Report 2. Published in newspaper (if CRB hearing has taken place)

YES. Objection referred to Notice of Hearing ~· CRB for hearing published in newspaper NO

Property cannot be altered ) CRB hearing and report

Council/delegate Decision: Council/delegate conside1·s '~ Consent to CRB Report ~-~pplication?

YES NO

Notice of Decision to Consent Notice of Decision to Refuse (including any terms and 1 . Served on property owner conditions): 2. Published in newspaper 1. Served on property owner 2. Published in newspaper

Property can be altered Property cannot be altered ) (in accordance with any terms and conditions)

" Council/delegate decision final where CRB hearing has taken place '------·----·---·------

Designating Heritage Properties • Appendix: Flowcha!'ts 72 7. Den1olition or Removal of Structure [Section 34, 34.1 & 34.3 of the Ontario Heritage Act)

Property owner application Repeal or amendment of bylaw ) to Council

Structure can be demolished/ Council consults with MHC removed (in accordance with any terms and conditions)

Notice of Decision to Consent Ntl (including any terms and Property owner appeal conditions): of terms and conditions 1. Served on property owner within 30 days? 2. Served on OHT 3. Published in newspaper YES ~· OMB Hearing Notice of Decision to Refuse: 1. Served on property owner 2. Served on OHT 3. Published in newspaper

YES OMB Decision: ~Dismiss appeal? YES, Property owner appeal . ·. OMB Hearing NO· ~···

OMB orders municipality NOf to consent to application and specifies any terms and conditions

YES Structure cannot be OMB Decision: demolished/removed ~miss appeal?

NO•

OMB orders municipality Structure can be demolished/ to consent to application removed fin accordance with and specifies any terms any terms and conditions) and conditions

Repeal or amendment of bylaw )

* Failure of council to notify the owner within 90 days shall be deemed consent.

Designating Heritage Properties • Appendix: Flowcharts 73