Regan Hutcheson, Manager, Heritage, advised of a recent change by the Provincial government to the Heritage Act which pertains to Section 33. Mr. Hutcheson advised that this change removes some powers of Council with respect to dealing with buildings being used for religious practices. Mr. Hutcheson advised that as part of Bill 139, Council no longer has the ability to deny or place conditions on alterations to buildings used for religious practices. Mr. Hutcheson advised that Heritage Section Staff are concerned with the vague nature of the legislation that would allow for avoidance of maintenance or certain features if the property owner were to apply as a religious organization.
Barry Nelson, deputant, expressed concerns that an individual with a large barn on their property in a heritage district could apply as a religious institution and not properly maintain the heritage attributes of the property or otherwise alter the structure. Mr. Hutcheson clarified that the property would still need to be related to a registered charity or religion with the Federal Government but agreed that as the proposed regulation does not define the term "building", it could be interpreted to mean an individual home or other structure.
Evelin Ellison, deputant, expressed concerns that if a building which was previously used for religious practice were to be sold, the new owner could make alterations to the building if the previous use is upheld.
The Committee opined that if the use of a building previously considered to have religious uses changes, the building should be re-zoned. The Committee questioned the problem the legislation is trying to solve and suggested that Council provide feedback to the Environmental Registry expressing concerns with the proposed changes and advising that the City has extensive experience in dealing with alterations to religious buildings.