Report to: Development Services Committee Report Date: November 3, 2009

SUBJECT: Authorization to Undertake Inspections as per the Ontario Heritage Act

PREPARED BY: Regan Hutcheson, Manager, Heritage Planning, ext 2080

RECOMMENDATION:

1) That the Manager of Heritage Planning and/or his designate which may include the Senior Heritage Planner, the Heritage Planner or the Urban Design Planner (Heritage) be authorized by Markham Council to undertake inspections as per Section 38 of the Ontario Heritage Act;

2) And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (HR, Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

To obtain Markham Council’s authorization to permit specific staff to undertake inspections of designated properties and properties for which Council has passed an intention to designate.

BACKGROUND:

Ontario Heritage Act allows staff to inspect heritage properties

Section 38 and 45 of the Ontario Heritage Act provides the ability for authorized persons to inspect designated properties and properties for which a notice of intention to designate has been served. However, the Act indicates that “any person authorized by the Council of a municipality in writing” may undertake the inspection. See Appendix ‘A’ for an extract from the Act.

OPTIONS/ DISCUSSION:

Town Solicitor advises that it would be prudent to secure Council’s authorization

In discussing this matter with the Town Solicitor, it was deemed prudent to secure a Council resolution indicating that specific named staff positions at the Town are officially authorized by Council, in writing, to undertake the inspections and site visits. Typically these inspections are undertaken by members of the Heritage Section staff (Manager, Senior Heritage Planner, Heritage Planner) and on occasion with the Urban Design Planner working with the Heritage Section.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable

HUMAN RESOURCES CONSIDERATIONS

Not applicable

ALIGNMENT WITH STRATEGIC PRIORITIES:

Protection of heritage resources is an important component of the municipality’s Growth Management objections. The ability to inspect designated properties is part of the process.

BUSINESS UNITS CONSULTED AND AFFECTED:

Town Solicitor was consulted.

RECOMMENDED

BY: ________________________ ________________________

Valerie Shuttleworth, MCIP, RPP Jim Baird, MCIP, RPP

Director of Planning and Urban Commissioner

Design

ATTACHMENTS:

Appendix ‘A’ Extract from the Ontario Heritage Act re: Inspection

FILE PATH:

Q:\Development\Heritage\SUBJECT\Heritage Act\DSC Nov 3, 2009 Inspection Authorization Heritage.doc

Appendix A

Ontario Heritage Act, R.S.O. 1990, c.O.18

PART IV

CONSERVATION OF PROPERTY OF CULTURAL

HERITAGE VALUE OR INTEREST

Inspection

38. (1) For the purpose of carrying out this Part, any person authorized by the council of a municipality in writing may, upon producing proper identification, inspect at any reasonable time property designated or property proposed to be designated under this Part where a notice of intention to designate has been served and published under subsection 29(3).

Obstruction of investigator

(2) No person shall obstruct a person authorized to make an investigation under this section or conceal or destroy anything relevant to the subject matter of the investigation. R.S.O. 1990, c. O18, s. 38.

PART V

HERITAGE CONSERVATION DISTRICTS

45. Sections 36, 37, 38 and 39 apply in respect of any building or structure and the land appurtenant thereto that is situate within the area that has been designated by by-law under this Part as a heritage conservation district. R.S.O. 1990, c. O.18, s.45