Jurisdiction

The Board is empowered to operate under the jurisdiction of Part 3 of the Ontario Heritage Act to address matters under Parts 4 and 6 of the Act. Part 4 deals with the protection of cultural heritage properties by a municipality or by the Minister of Culture. Part 6 deals with the protection of archaeological sites by the Minister of Culture, and licensing permits to excavate or alter an archaeological site.

The CRB does not hear matters on:

  • Demolition or the removal of a building or structure from a protected property as this is within the jurisdiction of the municipal council and, on appeal, the Ontario Municipal Board;
  • Costs of physical maintenance, repairs, or any proposed work related to the actual condition of the property (or structure), as these are outside the scope of the evaluation of cultural heritage value or interest;
  • Any planning applications or issues that are under the Planning Act. These are between the applicant and the municipality, except when planning information provides useful context for the matters before the Board. Under the Ontario Heritage Act, the Ontario Municipal Board (OMB) hears appeals concerning numerous heritage-related issues.

Under the Ontario Heritage Act, the Ontario Municipal Board (OMB) hears appeals concerning:

  • Refusal to permit the demolition or removal of a building or structure on a protected property;
  • Objections to the designation of a heritage conservation district (Part 5 of the Act);
  • Refusal to permit the alteration of property, demolition or removal of a building or structure, or new construction within a heritage conservation district.

The Act allows for a member of the Board to be cross-appointed to the Ontario Municipal Board as an OMB member in full standing to form a panel to hear appeals under the Ontario Heritage Act and issue binding decisions on these matters.

A further understanding of the Board’s jurisdiction can be found in reading the applicable parts of the Ontario Heritage Act and the Statutory Powers Procedure Act that relate to the Board. The Board also has Rules of Practice and Procedure (PDF).