Comment 85265

By Meander (anonymous) | Posted January 17, 2013 at 14:39:46 in reply to Comment 85214

To be clear, listing a property on the municipal register of cultural heritage properties does not increase the wait time for the approval of a demolition permit. As per subsection 27.(3) of the Ontario Heritage Act, the owner of non-designated property included on the register shall not demolish or remove a building or structure on the property or permit the demolition or removal of the building or structure unless the owner gives the council of the municipality at least 60 days notice in writing of the owner’s intention to demolish or remove the building or structure or to permit the demolition or removal of the building or structure.

This is not about extending the Chief Building Official’s response time to a demolition permit application as defined under the Ontario Building Code Act but rather the obligation on the property owner to provide council the opportunity to consider alternatives to demolition. Keep in mind that not all buildings required a demolition permit. Even where a demolition permit is required for a building on a property listed on the municipal register, the Chief Building Official’s response time remains as defined under the Ontario Building Code Act. The difference is that subsection 8.(2) of the Ontario Building Code Act instructs the Chief Building Official to deny the applicant a demolition permit for buildings on a property listed on the municipal register, within the prescribed response time, as it would be in contravention of subsection 27.(3) of the Ontario Heritage Act as applicable law. Even in the event that a demolition permit was granted in error, the property owner must still satisfy their obligation under subsection 27.(3) of the Ontario Heritage Act. Only once the 60 days notice period has expired and council has not issued a notice of intention to designate as provided by the Ontario Heritage Act, could a property owner proceed with demolition of the building consistent with any requirements under the Ontario Building Code Act.


To be clear, listing a property on the municipal register of cultural heritage properties does not increase the prescribed wait time for the approval of a demolition permit. As per subsection 27.(3) of the Ontario Heritage Act, the owner of non-designated property included on the register shall not demolish or remove a building or structure on the property or permit the demolition or removal of the building or structure unless the owner gives the council of the municipality at least 60 days notice in writing of the owner’s intention to demolish or remove the building or structure or to permit the demolition or removal of the building or structure.

This is not about extending the Chief Building Official’s prescribed response time to a demolition permit application as defined under the Ontario Building Code Act but rather the obligation on the property owner to provide council the opportunity to consider alternatives to demolition. Keep in mind that not all buildings required a demolition permit. Even where a demolition permit is required for a building on a property listed on the municipal register, the Chief Building Official’s response time remains as prescribed under the Ontario Building Code Act. The difference is that subsection 8.(2) of the Ontario Building Code Act instructs the Chief Building Official to, within the prescribed response time, deny the applicant a demolition permit for buildings on a property listed on the municipal register as it would be in contravention of subsection 27.(3) of the Ontario Heritage Act as applicable law. Even in the event that a demolition permit was granted in error, the property owner must still satisfy their obligation to advice council as per subsection 27.(3) of the Ontario Heritage Act. Only once the 60 days notice period has expired and council has not issued a notice of intention to designate the property as provided by the Ontario Heritage Act, could a property owner proceed with demolition of the building consistent with any requirements under the Ontario Building Code Act.

Permalink | Context

Events Calendar

There are no upcoming events right now.
Why not post one?

Recent Articles

Article Archives

Blog Archives

Site Tools

Feeds