There are no upcoming events right now.
Why not post one?
Recent Articles
- Justice for Indigenous Peoples is Long Overdueby Ryan McGreal, published June 30, 2021 in Commentary
(0 comments)
- Third-Party Election Advertising Ban About Silencing Workersby Chantal Mancini, published June 29, 2021 in Politics
(0 comments)
- Did Doug Ford Test the 'Great Barrington Declaration' on Ontarians?by Ryan McGreal, published June 29, 2021 in Special Report: COVID-19
(1 comment)
- An Update on Raise the Hammerby Ryan McGreal, published June 28, 2021 in Site Notes
(0 comments)
- Nestlé Selling North American Water Bottling to an Private Equity Firmby Doreen Nicoll, published February 23, 2021 in Healing Gaia
(0 comments)
- Jolley Old Sam Lawrenceby Sean Burak, published February 19, 2021 in Special Report: Cycling
(0 comments)
- Right-Wing Extremism is a Driving Force in Modern Conservatismby Ryan McGreal, published February 18, 2021 in Special Report: Extremism
(0 comments)
- Municipalities Need to Unite against Ford's Firehose of Land Use Changesby Michelle Silverton, published February 16, 2021 in Special Report
(0 comments)
- Challenging Doug Ford's Pandemic Narrativeby Ryan McGreal, published January 25, 2021 in Special Report: COVID-19
(1 comment)
- The Year 2020 Has Been a Wakeup Callby Michael Nabert, published December 31, 2020 in Special Report: COVID-19
(0 comments)
- The COVID-19 Marshmallow Experimentby Ryan McGreal, published December 22, 2020 in Special Report: COVID-19
(0 comments)
- All I Want for Christmas, 2020by Kevin Somers, published December 21, 2020 in Entertainment and Sports
(1 comment)
- Hamilton Shelters Remarkably COVID-19 Free Thanks to Innovative Testing Programby Jason Allen, published December 21, 2020 in Special Report: COVID-19
(0 comments)
- Province Rams Through Glass Factory in Stratfordby Doreen Nicoll, published December 21, 2020 in Healing Gaia
(0 comments)
- We Can Prevent Traffic Deaths if We Make Safety a Real Priorityby Ryan McGreal, published December 08, 2020 in Special Report: Walkable Streets
(5 comments)
- These Aren't 'Accidents', These Are Resultsby Tom Flood, published December 04, 2020 in Special Report: Walkable Streets
(1 comment)
- Conservation Conundrumby Paul Weinberg, published December 04, 2020 in Special Report
(0 comments)
- Defund Police Protest Threatens Fragile Ruling Classby Cameron Kroetsch, published December 03, 2020 in Special Report: Anti-Racism
(2 comments)
- Measuring the Potential of Biogas to Reduce GHG Emissionsby John Loukidelis and Thomas Cassidy, published November 23, 2020 in Special Report: Climate Change
(0 comments)
- Ontario Squanders Early Pandemic Sacrificeby Ryan McGreal, published November 18, 2020 in Special Report: COVID-19
(0 comments)
Article Archives
Blog Archives
Site Tools
Feeds
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