Regulations under this Act:
O. Reg. 9/06 Criteria for determining cultural heritage value or interest
R.R.O. 1990, Reg. 880 Historical sites
The purpose of the Act is to give municipalities and the provincial government powers to preserve the heritage of Ontario.
The Act establishes the Ontario Heritage Trust, formerly known as the Ontario Heritage Foundation, a non-profit corporation whose role is to oversee the identification, protection, renewal and promotion of all types of Ontario's heritage – built, cultural and natural.
The role of the Trust is to:
(a) advise and make recommendations to the Minister of Culture on any matter relating to the conservation, protection and preservation of the heritage of Ontario;
(b) receive, acquire and hold property in trust for the people of Ontario;
(c) support, encourage and facilitate the conservation, protection and preservation of the heritage of Ontario;
(d) preserve, maintain, reconstruct, restore and manage property of historical, architectural, archaeological, recreational, aesthetic, natural and scenic interest;
(e) conduct research, educational and communications programs necessary for heritage conservation, protection and preservation.
The Act also establishes the Conservation Review Board, a committee that hears disputes on matters relating to the protection of properties considered to hold cultural heritage value. The Board mediates and conducts a formal hearing process around issues such as objections to heritage designation, alterations to heritage properties, by-law amendments, and archaeological licensing. The Board makes recommendations to municipal councils or the Minister of Culture, based on the evidence it hears through a transparent and unbiased formal hearing process.
The Act details standards and guidelines for properties that are deemed to be of cultural significance and value, including properties owned by the Province and those situated within municipalities, publicly or privately owned. Regulations affecting the designation of properties and the requirement for comprehensive registering of current and potential heritage properties are outlined.
Properties that are designated as culturally significant are protected and, therefore, are prevented from having unauthorized alterations done to them. If property is so designated, the owner of the property shall not alter, demolish or remove a building or structure on the property without prior consent from the Minister or the municipality.
The Act allows for municipalities to designate heritage conservation districts for an entire area of architectural significance. Without obtaining a permit from the municipality no exteriors of properties or structures within the designated district can be altered, demolished or removed.
The Act also provides for the conservation and control of resources of archaeological value, such as burial mounds, petroglyphs and earthworks, by licensing archaeological activities in the province and by allowing the Minister to designate areas of archaeological significance. Once designated, a property of architectural value may not be altered or demolished without the consent of the municipality in which the property is found and a property of archaeological value may not be excavated or altered without the consent of the Minister.