On this page
1. What is the Municipal Heritage Register
2. Why designate?
3. How is a property designated in the municipality?
4. What are the criteria for designation?
5. How is the designated property protected?
6. Are listed properties also subject to permit application?
The Municipal Heritage Committee is an advisory committee appointed by Council (see By-law 2020-8410). The primary objectives of the committee are as follows:
a) to promote a culture of conservation in the City of Timmins
b) to advise Council on heritage issues pertaining to Part IV and V of the Ontario Heritage Act, including establishment of a Municipal Heritage Register.
What is the Municipal Heritage Register?
Section 27 of the Ontario Heritage Act requires that the clerk of the municipality keep a register of property, situated in the municipal boundaries, that is of cultural heritage value or interest. The register lists all designated properties in the City of Timmins. Council may also include non-designated (or listed properties) on the register.
Why designate?
- Recognizes the importance of a property to the local community
- Protects the property's cultural heritage value
- Encourages good stewardship and conservation
- Promotes knowledge and understanding about the property
How is a property designated in the municipality?
Application is made to the City Clerk through completion of an application form. Council is required to consult the Municipal Heritage Committee before deciding whether to designate the property. Anyone may nominate a property for designation, but the application is strengthened if it has the support of the property owner and any other stakeholders. Designation follows a formal process set out under Part IV of the Ontario Heritage Act which can be briefly summarized as follows:
- Identification
- Research and Evaluation
- Council Decision: Notice of intention to designate (30-day objection period)
- Council Decision: Pass Designation By-law (30-day appeal period)
- Register Designation By-law and update Municipal Heritage Register
What are the criteria for designation?
To qualify for designation, the property must satisfy at least one of the criteria as set out in O.Reg 9/06 (or see page 3 of the application form). Further, it must be shown how the property satisfies those criteria and list the heritage attributes (or specific features) that contribute to those criteria.
How is the designated property protected?
Designated heritage properties are protected by a designation by-law, which is registered on the title of the property. A proposed demolition or alteration that may affect the listed heritage attributes will be subject to a permit application. Council is then required to consult the Municipal Heritage Committee before deciding whether to refuse the permit application, consent or consent with terms and conditions. The intention is not to stop development, but manage change wisely. There is no requirement on the owner to restore the property and it is unlikely to restrict interior renovation or use of the property (particularly in the case of a private home).
Are listed properties also subject to permit application?
No, however the owner of a listed property must provide Council with 60-day notice of intention to demolish property. This is an interim protection and allows Council time to consult with the Municipal Heritage Committee and decide whether they wish to issue a Notice of Intention to Designate.