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The new Ontario Heritage Act: The evolution of heritage conservation

Photo: Coldwater Grist Mill – serving the community since 1833; an active part of Doors Open Huronia since 2002

By

Richard Moorhouse and Beth Hanna

Buildings and architecture, Natural heritage, Community, Cultural landscapes

Published Date: Sep 08, 2005

An important shift has occurred in Ontario’s legislative framework for heritage conservation. On April 28, 2005, the Ontario Heritage Amendment Act (Bill 60) received royal assent and became law. With it came some remarkable new powers.

Most significantly, the new legislation enables municipal and provincial powers to identify and protect heritage sites and districts, marine heritage sites and archaeological resources. It also gives the Ontario Minister of Culture powers to identify and designate provincially significant heritage sites. And, for the first time, it provides demolition control powers – as opposed to demolition delay provisions.

For decades, many architects and heritage advocates have emphatically warned that our architectural heritage is vanishing. Today, we have new tools for preservation at our disposal. This new binding legislation creates a new framework, culture and environment for conservation. Yet, we still need to determine what this new framework or conservation culture looks like, and what fresh opportunities exist.

Heritage conservation generally involves four key steps – identification, protection, preservation and promotion. We are now at a critical point where we can determine how these activities will evolve and change.

Identify and promote. Doors Open Ontario represents a vibrant new approach to the identification and promotion of heritage. Communities across Ontario are taking a fresh look at their heritage – at what makes their village, town, city or region different from the next. They are examining their architecture, streetscapes, landscapes and gardens and celebrating these with neighbours and visitors through Doors Open Ontario events that ultimately contribute to their community’s development.

Local Doors Open committees are often integrated – comprised of representatives from heritage organizations, arts groups, chambers of commerce, tourism and economic development groups and environmental groups. This approach results in new alliances that expand the influence, effectiveness and profile of that community’s heritage.

Protect. Protection now starts with a new vocabulary – a vocabulary of empowerment. Instead of a 180-day grace period before a building can be demolished, municipalities can now say “You can’t tear that building down.” Period. Municipalities now have the power to protect and to prevent the demolition of provincially and locally significant heritage sites. Whether they will embrace their new powers and use them for the benefit of the communities they govern is yet to be determined.

Preserve. In Ontario, preservation and adaptive re-use has to become the norm and redevelopment the exception. To this end, there is another new tool.

The new Provincial Policy Statement – which came into effect on March 1, 2005 – notably impacts heritage preservation. Section 2.6.1 requires that “Significant built heritage resources and significant cultural heritage landscapes shall be conserved.” This simple statement carries tremendous weight. It defines the retention, enhancement and continued use of our heritage stock as a core public interest. As Ontario becomes accustomed to this new way of planning, the value of heritage in our communities may finally begin to take its place alongside other readily recognized and accepted public objectives.

Next steps. These are important tools for municipal planners, municipal heritage committees and other heritage organizations. Much can be gained by sharing resource materials, adaptive re-use strategies and best practices. Our successes should be celebrated and bad practices denounced. No longer will demolition or the marginalization of a community’s heritage be accepted under this new Act.

We need to ensure that heritage continues to become more integrated into community planning and the lives of Ontario’s citizens. Heritage is not a luxury or an afterthought, but part of our day-to-day existence. It helps form our society. It drives local, regional and provincial economies, and must be sustainable and available for the people of Ontario.

Incentives are another critical component of a strong and successful heritage program. All levels of government can, and should, contribute – through grants, tax incentives and other means – to finance and support the conservation of heritage buildings and the revitalization of historic neighbourhoods.

As we move forward, it is important to reassess our objectives. We need to increase public support for conservation. By broadening public understanding, we can affect the vital shift that is required in Ontario and throughout the world. Heritage preservation is the secret to our survival on this planet. Simply put, conservation holds the key to our future.

Photo: The preservation of natural landscapes is a vital component of conservation in Ontario. (Shown here: Bruce Trail)

Toronto’s Distillery District is an excellent example of adaptive re-use of heritage buildings. (Shown here: Balzac Café at the Distillery District; Photo: Thane Lucas)

Photo: Toronto’s Distillery District is an excellent example of adaptive re-use of heritage buildings. (Shown here: Balzac Café at the Distillery District; Photo: Thane Lucas)

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