HomeMy WebLinkAboutBy-law 7651/18The Corporation of the City of Pickering
law No. 7651/18
Being a By-law to delegate the authority to consent/grant
heritage permits for the alteration of designated heritage
properties to the Director, City Development, or designate.
Whereas Subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
('Municipal Act''), provides that the powers of a municipality under any Act shall be
interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate, and to enhance the,
municipality's ability to respond to municipal issues;
Whereas Section 9 of the Municipal Act provides that a municipality has the capacity,
rights, powers and privileges of a natural person for the purpose of exercising its
authority under the Municipal Act or any other Act;
Whereas Paragraph 5 of Subsection 11(3) of the Municipal Act provides that a
municipality may pass by-laws within the following sphere of jurisdiction: Culture, parks,
recreation and heritage;
Whereas Sections 23.1 and 23.2 of the Municipal Act authorize a municipality to
delegate its powers and duties under the Municipal Act, subject to certain restrictions, to
an individual who is an officer, employee or agent of the municipality;
Whereas Section 227 of the Municipal Act provides that it is the role of officers and
employees of the municipality to implement decisions of the council of a municipality
and establish practices and procedures to implement those decisions;
Whereas Subsection 33(1) of the Ontario Heritage Act, R.S.O. 1990, c. 0.18, as
amended ("Ontario Heritage Act'), authorizes the council of a municipality to make
decisions in respect to the consent of alterations of property designated under Part IV of
the Ontario Heritage Act;
Whereas Subsections 33(15) and 33(16) of the Ontario Heritage Act, authorizes the
council of a municipality to delegate by by-law the power to consent to alterations to
property designated under Part IV of the Ontario Heritage Act to an employee or official
of the municipality after having consulted with its municipal heritage committee;
Whereas Subsections 42(1) and 42(4) of the Ontario Heritage Act, provides that the
council of a municipality may grant permits for the alteration of property located in a
heritage conservation district designated under Part V of the Ontario Heritage Act;
Whereas Subsections 42(16) and 42(17) of the Ontario Heritage Act, authorizes the
council of a municipality to delegate by by-law the power to grant permits for the
alteration of property situated in heritage conservation district designated under Part V
of the Ontario Heritage Act to an employee or official of the municipality after having
consulted with its municipal heritage committee
By-law No. 7651/18
Page 2
And whereas in accordance with Subsections 33(15) and 42(16) of the Ontario Heritage
Act, the Council of The Corporation of the City of Pickering has consulted with its
municipal heritage committee;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
Part 1 — Definitions
For the purposes of this By-law:'
"Act" means the Ontario Heritage Act, R.S.O. 1990, c. 0.18, as amended from time to
time;
"Alter" means to change in any manner and includes to restore, renovate, repair, erect
or disturb and "alteration" and "altering" have corresponding meanings;
"City" means The Corporation of the City of Pickering;
"Director" means the person who holds the position of Director, City Development or
any successor thereto for the City, or designate;
"Council" means the elected Council of the City;
"Designated Heritage Property" means a specific property designated by the City to be
of cultural heritage value or interest under Part IV or Part V of the Act;
"Heritage Conservation District" means a heritage conservation district established
under Part V of the Act;
"Heritage Permit" means a heritage permit issued by the Director, or designate, under
this By-law;
"Heritage Pickering Advisory Committee" means the City's municipal heritage
committee established pursuant to the Act;
"Information" means any information requested by the Director, or designate, and
includes, plans, reports or any other documentation requested;
"Owner" means the person registered on title in the proper land registry office as owner
of the Property;
"Part IV Property" means a specific property designated under Part IV of the Act;
"Part V Property" means a specific property designated under Part V of the Act;
"Property" means real property and includes all buildings and structures thereon and
includes a cultural heritage landscape.
By-law No. 7651/18
Part II Application for Heritage Permit
An Owner wishing to obtain a consent to alter a Designated Heritage Property shall
submit an application for a Heritage Permit on a form prescribed by the Director and.
accompanied by the information required therein.
Part III- Nature and Scope of Delegation
1. Council hereby delegates to the Director, or his/her designate, all power and
authority to:
grant a Heritage Permit to alter a Designated Heritage Property; and
b) refer an application for a Heritage Permit to alter a Designated Heritage
Property to the Heritage Pickering Advisory Committee for review.
The delegated authority does not include the power and authority to:
refuse or deny an application for a Heritage Permit. Where the Director would
refuse or deny an application for a Heritage Permit, the Director shall advise
Council to retain all authority in regards to that application;
consent to the demolition or removal of a building(s) on a Part IV Property; and
c) consent to the erection, demolition or removal a building(s) on a Part V
Property.
The Director is authorized to undertake all acts necessary to carry out the authority
vested in the Director pursuant to this By-law, including affixing his/her signature as
required to all documents.
Any and all decisions made by the Director regarding applications fora Heritage
Permit will be reported to the Heritage Pickering Advisory Committee at the meeting
that directly follows the issuance of a Heritage Permit.
The Director may request such information as required from the Owner relating to a
Heritage Permit.
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Council retains the authority to request information that it considers necessary that
may not have been requested by the Director.
The Director has all of the powers that Council has to process Heritage Permits in
accordance with the terms of this By-law and to establish any policies, guidelines,
practices or procedures necessary to enact the Heritage Permit system in
accordance with the terms and intent of this by-law and any decision made by
Council pursuant of this by-law.
By=law No. 7651/18
Page 4
In situations which require emergency repair and/or are considered to be a health
and safety issue by the Chief Building Official, the Director may approve alterations
to a Designated Heritage Property without a recommendation from the Heritage
Pickering Advisory Committee. However, in doing so, the Director will make the
best effort to consult with the Heritage Pickering Advisory Committee prior to the
approval of alterations.
By-law passed this 17th day of Septembe