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PART 2 — IS YOUR PROPERTY A NON-DESIGNATED PROPERTY ON PEC’S HERITAGE REGISTER? KNOW YOUR RIGHTS BEFORE THE DEADLINE

PEC Heritage Register and Property Rights Series

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Prince Edward County property owners should determine, as a matter of priority, whether their property appears on the County’s municipal heritage register or on any related list of properties being considered for future designation.

That inquiry is particularly important because Ontario’s heritage legislation distinguishes sharply between a property that is merely listed as non-designated and one that is formally designated under Part IV of the Ontario Heritage Act. The legal consequences are not the same, the procedural protections are not the same, and the remedies available to an owner may differ significantly.

Owners should not assume that the terminology used in a committee report, public presentation, staff memorandum or website accurately describes the legal status of their property.

CHECK THE LIST — THEN CONFIRM THE LEGAL STATUS IN WRITING>

Prince Edward County maintains publicly available information concerning properties of heritage interest.

Property owners should begin by checking the County’s published heritage material:

Prince Edward County Heritage Designation Project

If your property appears on a list, ask the Municipal Clerk to confirm in writing whether the property is:

  1. individually designated under Part IV of the Ontario Heritage Act;
  2. included as a non-designated property on the statutory municipal register;
  3. located within a Heritage Conservation District;
  4. the subject of an active Notice of Intention to Designate;
  5. being evaluated for possible designation; or
  6. included only on an advisory, research, candidate or priority list.

That distinction is fundamental.

An advisory committee’s research list is not necessarily the statutory municipal register. A property should not be treated as though it carries a legal status that Council has not formally conferred.

THE 2027 DEADLINE MATTERS

For many properties that were placed on municipal heritage registers before January 1, 2023, provincial amendments have created a transition period ending on January 1, 2027.

The precise effect of that deadline depends on the property’s status and the steps taken by the municipality before the deadline.

Owners should therefore obtain written confirmation from the County as to whether:

  • their property is subject to the statutory transition period;
  • designation is being considered;
  • a Notice of Intention to Designate is contemplated;
  • a committee or staff recommendation has been made; and
  • any Council decision is expected before the deadline.

Owners should not wait for the municipality to contact them if they have concerns.

AN OWNER MAY OBJECT TO A NON-DESIGNATED LISTING

The Ontario Heritage Act provides an owner of a non-designated property included on a municipal heritage register with a statutory mechanism to object.

The objection is made to the municipal clerk and should set out the owner’s reasons and the relevant facts supporting the objection.

Council must then consider the objection and determine whether the property should remain on the register or be removed.

That procedure should not be confused with the process governing a formal designation.

The owner’s objection does not guarantee removal. It does, however, require the municipality to confront the issue through the proper statutory decision-maker.

That decision-maker is Council.

An advisory committee may recommend a position. It does not make the final statutory determination.

WHAT AN OWNER SHOULD ASK FOR

A property owner who discovers that their property is listed should request, in writing:

  • the date the property was added;
  • the Council resolution or decision authorizing inclusion;
  • the heritage evaluation relied upon;
  • the criteria said to have been satisfied;
  • the supporting photographs, reports and research;
  • any committee recommendation concerning the property;
  • any staff recommendation concerning designation;
  • confirmation of whether the property appears on additional research or priority lists;
  • confirmation of whether designation is presently contemplated; and
  • the expected process and timetable for any further decision.

Where appropriate, owners should also consider requesting municipal records through the applicable freedom-of-information process.

OWNERS DO NOT HAVE TO CONSENT TO VOLUNTARY ENTRY

A property owner should also understand that a request from an advisory committee member to enter a home or private portion of a property is not, by itself, a lawful order compelling access.

A committee member may ask.

The owner may refuse.

Any compulsory power of entry would require a proper statutory basis and should be exercised only by a person legally authorized to exercise it, in accordance with the governing legislation.

Owners should ask:

  • who is requesting access;
  • in what official capacity;
  • under what authority;
  • what areas are to be inspected;
  • whether photographs will be taken;
  • where those records will be stored; and
  • how the information will be used.

Consent should be informed, not assumed.

DRAFT NOTICE OF OBJECTION

The following is a general starting point only and should be tailored to the individual property.

Subject: Notice of Objection — [PROPERTY ADDRESS]

Dear Municipal Clerk:

I am the registered owner of the property municipally known as [PROPERTY ADDRESS].

I understand that the property is included as a non-designated property on the municipal heritage register.

Pursuant to the Ontario Heritage Act, I hereby object to the continued inclusion of the property and request that Council consider its removal from the register.

My reasons for objection are as follows:

[INSERT PROPERTY-SPECIFIC REASONS AND RELEVANT FACTS.]

I also request written confirmation of:

  1. the property’s current legal heritage status;
  2. the date and Council authority under which it was added to the municipal register;
  3. the heritage evaluation, criteria and evidence relied upon;
  4. whether the property is presently being considered for designation;
  5. whether the property appears on any committee, staff, consultant, research or priority list;
  6. any current recommendation concerning the property; and
  7. the date and process by which Council will consider this objection.

Please also advise me of the procedure for obtaining copies of municipal records concerning the property, including photographs, site notes, evaluations, committee communications and staff correspondence within the municipality’s custody or control.

For clarity, nothing in this correspondence constitutes consent to entry onto private property, entry into my residence, interior inspection or photography from private areas.

Please acknowledge receipt and advise me of the next procedural steps.

Sincerely,

[NAME]
[ADDRESS]
[CONTACT INFORMATION]
[DATE]

PROPERTY OWNERS SHOULD OBTAIN INDEPENDENT ADVICE WHERE THE STAKES ARE MATERIAL

Heritage listing does not automatically establish financial loss.

Designation does not automatically establish devaluation.

But heritage status can affect renovation, demolition, redevelopment, financing, marketability and future use.

Where significant financial consequences are possible, owners should obtain independent legal and professional advice before making strategic decisions.

Depending on the circumstances, that may include advice from:

  • a municipal or planning lawyer;
  • an appraiser;
  • a land-use planner;
  • an architect or heritage consultant; or
  • another qualified professional.

The earlier advice is obtained, the more options an owner generally has.

THE KEY POINT

A property owner should not rely on assumptions.

Find out exactly what legal status applies.

Ask for the evidence.

Use the statutory objection process where available.

Preserve records.

Do not waive property rights casually.

And obtain legal advice before a heritage matter becomes an irreversible financial or procedural problem.

DISCLAIMER

This article provides general public-interest information and commentary. It is not legal advice and should not be relied upon as a substitute for advice concerning a specific property or proceeding.

Rights and remedies differ depending on whether a property is listed, designated, within a Heritage Conservation District or subject to an active designation process. Statutory deadlines may apply.

Property owners with significant concerns regarding designation, redevelopment, privacy, access to private property or financial loss should obtain independent Ontario legal advice promptly.

Read the series

PART 1 — IS YOUR PROPERTY ON PEC’S HERITAGE LIST? KNOW YOUR RIGHTS BEFORE THE DEADLINE

PART 2 — WHEN DOES A HERITAGE COMMITTEE CROSS THE LINE?

PART 3 — YOUR HOME, YOUR INFORMATION: HERITAGE, PRIVACY AND PROPERTY VALUE