This section provides a summary of the Ontario Heritage Toolkit webpage, which outlines the heritage designation process.
1. Identifying the property as a candidate for designation
Municipal heritage committees, local community initiatives, or property owners identify properties with cultural heritage value or significance as candidates for designation.
2. Researching and evaluating the property
A thorough assessment, including site visits, is conducted to determine whether the property meets the criteria outlined in the “What are the Criteria?” section. Town staff will compile an information report detailing the property's historical and architectural significance, along with supporting statements and descriptions. This report is presented to Council, which decides whether to proceed with the designation process or not.
3. Serving a "Notice of Intention to Designate”
The Town issues a Notice of Intention to Designate, which includes a physical description of the property, a statement of its cultural heritage value, and a detailed outline of its heritage attributes.
If Council decides to move forward with the designation, a notice is served to the property owner, the Ontario Heritage Trust and is published on the Town of Pelham website.
Public objections to the application can be submitted within 30 days of the notice being sent, and they will be considered by Council. If an objection is made, another public hearing must be held, and a decision on whether to proceed or withdraw must be made within 90 days of the notice.
There are some exceptions where a notice isn’t necessary. These can be seen in section 2.3.2. of the Ontario Heritage Tool Kit.
4. Passing and Registering the Heritage Designation By-law
Following the objection period, Council may proceed with passing the heritage designation by-law. This official document must include a physical description of the property, a statement outlining its cultural heritage value, and a detailed description of its heritage attributes.
The by-law must be enacted within 120 days of the notice, even if an objection is made. The only exceptions to this deadline are in cases of emergency or when the property owner and the Town mutually agree to an extension.
5. Providing notice of by-law
The Town formally serves notice of the heritage designation by-law’s passing to the property owner and the Ontario Heritage Trust and publishes it on the Town’s website. A 30-day objection period follows, allowing for any appeals.
If an appeal is filed, the Ontario Land Tribunal conducts a hearing to determine whether to dismiss the appeal, make an amendment to the by-law, or direct Council to repeal it.
6. Listing the property on the municipal register
If no appeals are submitted, the by-law is officially registered, and the property is added to the municipal register of heritage properties. The listing includes key details such as owner information, legal description, property features, a statement of cultural heritage value, and a description of heritage attributes.
7. Listing the property on the provincial register
The property will be listed on the Ontario Heritage Trust register.
For a more comprehensive overview, you can access the full webpage here:
https://www.ontario.ca/document/designating-heritage-properties/2-designation-process