Heritage Conservation Areas: The Legislation

1)

For the purposes of heritage conservation, an official community plan may designate an area as a heritage conservation area to which section 615 (1) [requirements for heritage alteration permit] applies.

The legislation brings together three important tools for the local government:

1. Local governments have the authority to designate heritage conservation areas;
2. When doing so, local governments will describe the HCA in their Official Community Plans (OCPs);
3. And the local governments will adopt heritage alteration permit as part of their heritage conservation program.

If a heritage conservation area is designated under subsection (1),

a) the official community plan must

i. describe the special features or characteristics that justify the designation, and

ii. state the objectives of the designation, and

b) either the official community plan or a zoning bylaw must specify guidelines respecting the manner by which the objectives are to be achieved.

The description of the local government’s HCA, which is found in the OCP, will include:

• A list of heritage features or characteristics that justify the designation (and which are used to establish the HCA);
• A list of objectives to be reached through the designation of the area;
• The ways in which the objectives will be achieved.

If a heritage conservation area is designated under subsection (1), the official community plan may do one or more of the following:

a) specify conditions under which section 615 (1) does not apply to property within the area, which may be different for different properties or classes of properties;

b) include a schedule listing buildings, other structures, land or features within the area that are to be protected heritage property under this Act;

c) for the purposes of section 615 (3), identify features or characteristics that contribute to the heritage value or heritage character of the area.

The HCA does not need to apply equally to all properties in the designated area (e.g. not all properties have equal heritage characteristics or values).

The OCP may include:

• A description of why certain properties are not affected by the HCA;
• A list of the properties that are affected by the HCA;
• A description of the significance and character of the area.

Note: HCAs are not restricted to buildings, but can also include “other structures, land or features.”

Information about the heritage characters and values will be contained in the area’s Statement of Significance and design guidelines.

At least 10 days before the public hearing on an official community plan that includes a schedule under subsection (3) (b), the local government must give notice in accordance with section 592 to the owner of each property that is to be included in the schedule, unless the property was already included in the schedule.

A public hearing is required, and all affected property owners are to be notified. The LGA describes the requirements for public consultation.

Within 30 days after the adoption of a bylaw that includes a property in or deletes a property from a schedule under subsection (3) (b) to an official community plan, the local government must

a) file a notice in the land title office in accordance with section 594, and

b) give notice to the heritage minister in accordance with section 595.

Similar to heritage register listings and designations, the land title office and the Heritage Branch must be notified of any additions (or deletions) to an HCA.

1)

If an official community plan designates a heritage conservation area, a person must not do any of the following unless a heritage alteration permit authorizing the action has been issued:

a) subdivide land within the area;

b) start the construction of a building or structure or an addition to an existing building or structure within the area;

c) alter a building or structure or land within the area;

d) alter a feature that is protected heritage property

Without a heritage alteration permit (HAP), the property owner cannot:

• subdivide land
• start new construction
• make alterations to existing buildings, structures, land, and features (that are intended to be protected).

Subsection (1) does not apply if conditions established under section 614 (3) (a) apply.

The restrictions do not apply to the properties that are not affected by the HCA.

If a heritage alteration permit is required by subsection (1), a delegate may act in relation to such a permit only if

a) the property is protected heritage property, or

b) the permit relates to a feature or characteristic identified under section 614 (3) (c).

HAPs can be used to subdivide land, initiate new construction, or to alter existing buildings and features, but this heritage conservation tool can be used only for properties, features and characteristics that are affected by the HCA. As with all heritage conservation tools, HAPs are not available for non-heritage properties.

1)

A local government may, by bylaw, establish minimum standards for the maintenance of real property that is

a) designated as protected by a heritage designation bylaw, or

b) within a heritage conservation area.

The local government may set minimum maintenance standards for designated properties and properties within an HCA.

Different standards may be established under subsection (1) for different areas or for different types or classes of property.

Different maintenance standards can be set for different areas or different types or classes of properties.