QUESTIONS ABOUT HERITAGE PRESERVATION


TORONTO IS AN EXCITING MODERN CITY BECAUSE IT IS VERY MUCH IN TOUCH WITH ITS PAST. HOUSES, BUILDINGS AND NEIGHBOURHOODS BUILT MORE THAN A CENTURY AGO ARE AN INTEGRAL PART OF OUR URBAN FABRIC. AS YOU WANDER AROUND THE CITY, SHOP ON THE WORLD'S LONGEST STREET, GO FOR A WALK IN A PARK OR VISIT A THEATRE OR MUSEUM, THE BUILT EVIDENCE OF OUR PAST ENRICHES OUR QUALITY OF LIFE.

HERITAGE PRESERVATION SERVICES PLAYS AN IMPORTANT ROLE IN PRESERVING TORONTO'S PAST AND CAN PROVIDE YOU WITH THE INFORMATION YOU NEED IF YOU ARE RESTORING OR PLANNING TO RESTORE AN HISTORIC BUILDING. HERE ARE THE ANSWERS TO THE MOST FREQUENTLY ASKED QUESTIONS ABOUT HERITAGE PRESERVATION SERVICES.

WHAT IS HERITAGE PRESERVATION SERVICES?

HERITAGE PRESERVATION SERVICES IS PART OF THE CITY PLANNING DIVISION. THE HERITAGE PRESERVATION SERVICES SECTION IS RESPONSIBLE FOR ADVISING AND ASSISTING THE TORONTO PRESERVATION BOARD WHICH, IN TURN, MAKES RECOMMENDATIONS TO CITY COUNCIL. IT IS ALSO THE PROFESSIONAL FOCAL POINT FOR THE COMMUNITY AND PROPERTY OWNERS ON THE CONSERVATION OF THE CITY'S HISTORIC RESOURCES.
THIS INVOLVES:
• ADVISING ON MATTERS RELATING TO THE ONTARIO HERITAGE ACT
• IDENTIFYING BUILDINGS, STRUCTURES AND PLACES OF ARCHITECTURAL AND HISTORICAL IMPORTANCE
• REVIEWING AND ADVISING ON DEVELOPMENT PROPOSALS WHICH MAY AFFECT HERITAGE RESOURCES
• MONITORING THE MAINTENANCE OF HERITAGE SITES
• DEVELOPING HERITAGE POLICIES
• ADMINISTERING FINANCIAL ASSISTANCE PROGRAMS AND PROVIDING EDUCATIONAL SERVICES
THE ONTARIO HERITAGE ACT IS THE ENABLING LEGISLATION THAT ALLOWS MUNICIPALITIES TO ENGAGE IN HERITAGE CONSERVATION ACTIVITIES.
THE CITY OF TORONTO DEEMS HERITAGE CONSERVATION AS A PRIORITY IN THE DEVELOPMENT OF THE CITY. THE CITY OF TORONTO OFFICIAL PLAN INCLUDES A POLICY STATEMENT REGARDING CITY COUNCIL'S INTENT TO PROTECT AND ENHANCE SIGNIFICANT HERITAGE PROPERTIES WITHIN ITS JURISDICTION.

WHAT MAKES AN INDIVIDUAL PROPERTY IMPORTANT?

A BUILDING, STRUCTURE OR SITE MAY BE CONSIDERED IMPORTANT FOR A VARIETY OF REASONS. IT MAY BE A WELL-RECOGNIZED ARCHITECTURAL LANDMARK OR IT MAY RELATE TO A SIGNIFICANT PERSON, AN IMPORTANT EVENT IN THE HISTORY OF THE CITY OR A CRITICAL TIME IN THE DEVELOPMENT OF ONE OF ITS NEIGHBOURHOODS. A BUILDING MAY BE EXCEPTIONALLY WELL CRAFTED OR REPRESENT A CHARACTERISTIC OF THE COMMUNITY. A BUILDING DOES NOT HAVE TO BE "OLD" TO BE AN IMPORTANT HERITAGE PROPERTY. MANY MODERN BUILDINGS AND STRUCTURES SUCH AS ROY THOMSON HALL AND THE CN TOWER ARE SIGNIFICANT PARTS OF OUR HERITAGE AND ARE SYMBOLS OF OUR CITY. NOR DOES A PROPERTY HAVE TO BE A GRAND PUBLIC BUILDING - SMALL COTTAGES, WAREHOUSES, INDUSTRIAL STRUCTURES AND BRIDGES ARE ALSO VALUABLE LEGACIES OF THE PAST AND DESERVE TO BE PROTECTED AND PRESERVED.

WHAT IS THE INVENTORY OF HERITAGE PROPERTIES?

PROPERTIES ARE RECORDED IN THE CITY'S INVENTORY OF HERITAGE PROPERTIES, WHICH INDICATES THAT HERITAGE PRESERVATION SERVICES WILL BE INVOLVED WHEN APPLICATIONS FOR MUNICIPAL PERMITS OR APPROVALS ARE MADE. THIS INVENTORY LISTS SOME 7,000 SIGNIFICANT PROPERTIES IN THE CITY OF TORONTO, APPROXIMATELY 2,000 OF WHICH ARE DESIGNATED UNDER THE ONTARIO HERITAGE ACT.
HERITAGE PRESERVATION SERVICES RECOMMENDS TO CITY COUNCIL (THROUGH THE TORONTO PRESERVATION BOARD) THE PROPERTIES THAT SHOULD BE INCLUDED IN THE INVENTORY. THE RECOMMENDATIONS ARE BASED ON CRITERIA THAT RELATE TO ARCHITECTURE, HISTORY AND NEIGHBOURHOOD CONTEXT.

HOW DOES DESIGNATION DIFFER FROM LISTING?

ALTHOUGH THESE TERMS ARE OFTEN USED INTERCHANGEABLY, THEY ARE DIFFERENT. "LISTED" MEANS A PROPERTY IS INCLUDED IN THE INVENTORY FOR ARCHITECTURAL, CULTURAL OR HISTORICAL REASONS. LISTING IS AN ADMINISTRATIVE PROCESS WHEREAS DESIGNATION CONFERS A LEGAL STATUS ON THE PROPERTY BY A SPECIFIC CITY BY-LAW UNDER THE ONTARIO HERITAGE ACT. BOTH LISTED AND DESIGNATED PROPERTIES ARE RECORDED IN THE INVENTORY. DESIGNATION IS ALSO REGISTERED ON THE TITLE OF THE PROPERTY. THE DESIGNATION PROCEDURE IS SET OUT IN THE ONTARIO HERITAGE ACT. LISTING PLACES NO LEGAL RESTRICTION ON THE PROPERTY WHILE DESIGNATION GIVES CITY COUNCIL THE LEGAL AUTHORITY TO ENSURE ALTERATIONS ARE APPROPRIATE TO THE PROPERTY'S HERITAGE CHARACTER.

WHAT IS A HERITAGE EASEMENT AGREEMENT?

A HERITAGE EASEMENT AGREEMENT IS ANOTHER TOOL USED TO ENSURE A BUILDING'S PRESERVATION AND TO CONTROL DEMOLITION. IT IS AN AGREEMENT THAT IS ENTERED INTO BETWEEN THE PROPERTY OWNER AND THE CITY AND REGISTERED ON TITLE. A HERITAGE EASEMENT AGREEMENT IDENTIFIES ELEMENTS OF A BUILDING WHICH ARE TO BE RETAINED IN PERPETUITY AND MAY ALSO SET OUT PERMITTED ALTERATIONS AND DEVELOPMENT.

HOW ARE HERITAGE PROPERTIES IDENTIFIED?

PROPERTIES COME TO THE ATTENTION OF STAFF IN A NUMBER OF WAYS. WE HAVE A PROGRAM OF ONGOING CITY SURVEYS TO ENSURE THAT THE INVENTORY OF HERITAGE PROPERTIES IS AS COMPREHENSIVE, ACCURATE, AND UP-TO-DATE AS POSSIBLE. IN ADDITION, MEMBERS OF THE PUBLIC MAY REQUEST THAT A PROPERTY BE EXAMINED AND CONSIDERED FOR INCLUSION IN THE INVENTORY. WHEN THE TORONTO PRESERVATION BOARD RECOMMENDS A PROPERTY'S INCLUSION IN THE INVENTORY, PROPERTY OWNERS ARE NOTIFIED AND INVITED TO ATTEND THE TORONTO PRESERVATION BOARD MEETING TO DISCUSS THE MATTER. THESE REQUESTS ARE OFTEN BROUGHT TO OUR ATTENTION BY URBAN DEVELOPMENT SERVICES, LOCAL HISTORICAL SOCIETIES OR RESIDENTS' ASSOCIATIONS, THEY NEED NOT COME FROM PROPERTY OWNERS.

I HAVE RECEIVED NOTICE THAT MY PROPERTY IS BEING CONSIDERED FOR LISTING - WHAT HAPPENS NOW?

THE PROCESS INCLUDES TWO MEETINGS WHERE PUBLIC INPUT IS INVITED. THE FIRST OPPORTUNITY IS AT THE MONTHLY MEETING OF THE TORONTO PRESERVATION BOARD. HERE, A STAFF RESEARCH REPORT IS REVIEWED AND ANY MEMBER OF THE PUBLIC MAY COMMENT. IF THE BOARD RECOMMENDS INCLUSION, ITS RECOMMENDATIONS ARE SUBMITTED TO THE COMMUNITY COUNCIL AND THEN ON TO CITY COUNCIL. AGAIN, ANYONE MAY SPEAK TO THE MATTER WHEN IT IS BEING CONSIDERED BY THE TORONTO PRESERVATION BOARD AND THE COMMUNITY COUNCIL. CITY COUNCIL MAKES THE FINAL DECISION.

DOES LISTING OR DESIGNATION AFFECT THE INTERIOR OF MY PROPERTY?

LISTING OR DESIGNATION WILL ONLY AFFECT THOSE INTERIORS THAT ARE CONSIDERED TO BE OF SPECIAL ARCHITECTURAL AND/OR HISTORICAL IMPORTANCE. WHEN IT DOES, THEY ARE USUALLY PUBLICLY ACCESSIBLE SPACES SUCH AS THE SIGNIFICANT INTERIOR OF A CHURCH OR A HEAD OFFICE ENTRANCE HALL.

DO I NEED A PERMIT?

AS WITH ANY PROPERTY, A PERMIT FROM THE CITY IS REQUIRED IF YOU INTEND TO MAKE STRUCTURAL ALTERATIONS OR ADDITIONS, CHANGE YOUR SIGNAGE OR ERECT CANOPIES. HERITAGE PRESERVATION SERVICES DOES NOT ISSUE ITS OWN PERMITS, BUT REVIEWS PERMIT APPLICATIONS FOR HERITAGE PROPERTIES. PRESERVATION STAFF WORK CLOSELY WITH OTHER CITY DIVISIONS IN AN EFFORT TO SAFEGUARD AND CARE FOR OUR HERITAGE RESOURCES.

WILL LISTING OR DESIGNATION CAUSE DELAYS WHEN I APPLY FOR A BUILDING PERMIT?

AS THE OWNER OF A HERITAGE PROPERTY YOU ARE ENCOURAGED TO CONSULT WITH US PRIOR TO APPLYING FOR A PERMIT. HERITAGE PRESERVATION SERVICES REVIEWS APPLICATIONS FOR BUILDING PERMITS AS PART OF THE REGULAR APPROVAL PROCESS SO DELAYS ARE UNUSUAL. BE ADVISED THAT MAJOR CHANGES WILL NORMALLY REQUIRE DIRECT DISCUSSIONS WITH STAFF.

DOES LISTING OR DESIGNATION PUT RESTRICTIONS ON WHAT I DO WITH MY PROPERTY?

HERITAGE PRESERVATION SERVICES ENCOURAGES THE PRESERVATION OF A PROPERTY'S HISTORICAL CHARACTER, BUT UNDERSTANDS YOUR NEED TO KEEP THE BUILDING EFFICIENT AND VIABLE. ROUTINE MAINTENANCE IS UNAFFECTED BUT WE ENCOURAGE YOU TO RESPECT THE MATERIALS, DETAIL AND GENERAL APPEARANCE OF THE BUILDING. ALTHOUGH YOU ARE ADVISED TO CALL HERITAGE PRESERVATION SERVICES SO THAT WE MAY ASSIST YOU WITH YOUR PLANNING, WE WILL AUTOMATICALLY BE ASKED TO REVIEW YOUR PLANS IF YOUR CHANGES REQUIRE A PERMIT FROM THE CITY. IT IS THE ROLE OF HERITAGE PRESERVATION SERVICES TO PROVIDE PROFESSIONAL ADVICE TO OWNERS MAKING ALTERATIONS TO THEIR HISTORIC PROPERTIES.

DOES LISTING OR DESIGNATION ALTER MY RIGHT TO SELL MY PROPERTY?

LISTING OR DESIGNATION WILL NOT INTERFERE WITH YOUR RIGHT TO SELL THE PROPERTY. HOWEVER, SHOULD A DESIGNATED PROPERTY BE SOLD, THE NEW OWNER IS REQUIRED TO ADVISE THE CITY CLERK OF THAT CHANGE IN ACCORDANCE WITH THE ONTARIO HERITAGE ACT.

DOES LISTING OR DESIGNATION AFFECT THE WAY I USE MY PROPERTY?

BUILDING USE MUST COMPLY WITH APPLICABLE ZONING THAT DOES NOT FALL UNDER THE JURISDICTION OF HERITAGE PRESERVATION SERVICES. ALTHOUGH WE DO NOT COMMENT ON USE, A CONSULTATION WITH STAFF MIGHT BE REQUIRED IF YOU PROPOSE PHYSICAL CHANGES TO THE BUILDING TO ADAPT IT TO A NEW USE.

MAY I DEMOLISH A LISTED OR DESIGNATED PROPERTY?

HERITAGE PRESERVATION SERVICES IS COMMITTED TO THE PRESERVATION OF ENTIRE BUILDINGS AND WILL ENCOURAGE YOU TO RETAIN AND REUSE YOUR BUILDING. DEMOLITION PERMITS MAY ONLY BE ISSUED BY CITY COUNCIL AND STAFF REVIEW ALL APPLICATIONS FOR DEMOLITION PERMITS OF LISTED OR DESIGNATED PROPERTIES. USUALLY HERITAGE PRESERVATION SERVICES RECOMMENDS TO COUNCIL THAT THE APPLICATION BE DENIED.

HOW DO I FIND OUT IF MY PROPERTY IS LISTED OR DESIGNATED?

THE INVENTORY OF HERITAGE PROPERTIES IDENTIFIES BY STREET ADDRESS ALL LISTED AND DESIGNATED PROPERTIES. YOU MAY CONSULT WITH HERITAGE PRESERVATION SERVICES STAFF.

WHAT IS A HERITAGE CONSERVATION DISTRICT?

THE ONTARIO HERITAGE ACT PLAYS AN IMPORTANT ROLE IN ENABLING A MUNICIPALITY TO DESIGNATE THE WHOLE OR ANY PART OF AN AREA AS A HERITAGE CONSERVATION DISTRICT. THIS ALLOWS CITY COUNCIL TO PROTECT AND ENHANCE THE SPECIAL CHARACTER OF GROUPS OF PROPERTIES IN AN AREA. THE CHARACTER IS ESTABLISHED BY THE OVERALL HERITAGE QUALITY OF BUILDINGS, STREETS AND OPEN SPACES AS SEEN TOGETHER.
HOW IS A HERITAGE CONSERVATION DISTRICT DESIGNATED?

COUNCIL MAY CHOOSE TO PASS A BY-LAW TO DEFINE AN AREA WITHIN THE MUNICIPALITY AS AN AREA TO BE EXAMINED FOR DESIGNATION AS A HERITAGE CONSERVATION DISTRICT.
WHILE THE ONTARIO HERITAGE ACT DOES NOT REQUIRE A STUDY OR PLAN FOR THE AREA, SUCH AN EXAMINATION PROVIDES BACKGROUND TO THE HISTORICAL, ARCHITECTURAL AND CHARACTER DEFINING FEATURES THAT MAKE THE AREA SPECIAL. DESIGN GUIDELINES MAY ALSO BE DEVELOPED FOR THE PROPOSED AREA. THE LOCAL COMMUNITY IS ENCOURAGED TO PARTICIPATE. AFTER THE EXAMINATION AND APPROVAL BY THE TORONTO PRESERVATION BOARD, CITY COUNCIL PASSES A BY-LAW THAT ESTABLISHES THE HERITAGE CONSERVATION DISTRICT.

MAY I ALTER MY PROPERTY IF IT IS IN A HERITAGE CONSERVATION DISTRICT?

HERITAGE PRESERVATION SERVICES IS NOTIFIED WHEN AN APPLICATION FOR A PERMIT IS FILED FOR ANY BUILDING OR STRUCTURE WITHIN A HERITAGE CONSERVATION DISTRICT. STAFF ARE THEN AVAILABLE FOR CONSULTATION TO ENSURE THAT THE PLANNED CHANGES ARE IN KEEPING WITH THE AREA GUIDELINES AND THE CHARACTER OF THE PROPERTY. THE ONTARIO HERITAGE ACT STIPULATES A PROCEDURE FOR APPLICATIONS AND APPEALS MADE WITH RESPECT TO PROPERTIES IN THE AREA. FOR FURTHER INFORMATION, CONTACT HERITAGE PRESERVATION SERVICES.

WHAT CAN I DO TO HELP PROTECT MY NEIGHBOURHOOD?

HERITAGE PRESERVATION SERVICES ALONE CANNOT PROTECT OUR CITY'S TREASURES - THE COMMUNITY AS A WHOLE NEEDS TO TAKE AN INTEREST IN AND RESPONSIBILITY FOR THE PRESERVATION AND SYMPATHETIC ALTERATION OF THE CITY'S BUILT HERITAGE.
AS A CITIZEN OF TORONTO, YOU CAN BECOME INVOLVED IN A NUMBER OF WAYS. YOU ARE, OF COURSE, ALWAYS WELCOME YOUR BRING YOUR CONCERNS TO OUR ATTENTION AND WE WILL DO OUR BEST TO PROVIDE YOU WITH ASSISTANCE OR ADVICE.

FOR ADDITIONAL INFORMATION ON HERITAGE PRESERVATION CONTACT:

416-338-1077
416-338-1079
416-338-1083

PLEASE VISIT US AT OUR WEBSITE: WWW.TORONTO.CA/CULTURE/HERITAGE_PRES.HTM