A proposed amendment to the Ontario Heritage Act could make it easier to extract developable sites from properties that have a conservation easement registered on the title. The amendment, which was recently tabled in Bill 227, the Cutting Red Tape, Building Ontario Act, would streamline the process for removing an easement from portions of a property that do not have heritage attributes deemed worthy of protection.
The provincial Crown agency, Ontario Heritage Trust (OHT), has oversight of all properties with conservation easements, which are legal agreements to protect properties with significant heritage features. These easements were all voluntary on the owners’ part at some point in time. However, once registered on a property’s title, all subsequent owners are beholden to them.
The current process for releasing a conservation easement requires Ministerial approval. It’s now proposed that the OHT be authorized to make that decision in cases where it has determined that removing the easement from a portion or portions of a property would not be detrimental to the heritage features on the remainder.
A summary of the proposed amendment on the Ontario government’s regulatory registry says it would allow for a faster response to “an anticipated growing number of requests” to remove easements. Other procedures established in the Ontario Heritage Act would still apply on all parts of a property with heritage attributes.
“Under this proposal, the OHT would continue to complete the required due diligence to confirm that the release would not affect the heritage attributes, with its board of directors ultimately approving the release,” the summary states. “Shortening the time it takes for the OHT to respond to property owner requests would help limit potential delays in property sales, transfers or development on these parts of properties where the release would not affect the heritage attributes protected under the conservation easement agreement.”
The public can submit comments on the proposal through the regulatory registry until Dec. 20, 2024.
