Frequently Asked Questions

Frequently asked questions about heritage properties and heritage designations.

What is Heritage Designation?

A heritage designation is placed on properties by Council in recognition of their heritage value and significance to the Municipality. The designation fosters pride of ownership and strengthens a community’s identity. It can also prevent changes to a property that would alter its historical look.

How do I apply to have a building designated as a heritage building?

The owner of the property can make a request to the Clarington Heritage Committee (CHC) to have the building designated. The request in writing, should outline the exterior and/or interior features that are of heritage value and should be designated. The owner should gather as much information as possible on the history of the property and include photos in the application.

How does the process work?

The information is reviewed by the Clarington Heritage Committee (CHC). Committee members will visit the site, and the owner will be asked to attend the CHC meeting where the request is discussed. The CHC will vote on the proposal. If the application for heritage designation is approved, the Committee will make a written submission to the Planning and Development Services Department and include all evidence to support the approval. The CHC staff liaison will review the submission and prepare a report to Council. Council will give consideration to the proposed designation. If there are concerns the report will be referred back to Planning and Development Services Staff who will address any matters with the property owner and inform the CHC. Once all issues have been resolved, Staff will report back to Council with a recommendation.

If Council approves the designation the Municipal Clerk will prepare a “Notice of Intention to Designate” the property. The notice will be served to the property owner and the Ontario Heritage Trust, in accordance with the Ontario Heritage Act. It will also be published in the local paper. The notice includes a 30-day appeal clause for any person who wishes to object to the designation.

If there are no objections to the proposed designation, the Municipal Clerk prepares a by-law citing the reasons for designating the property, along with a list of the interior and/or exterior features to be designated. The by-law is presented to Council for approval.
Once approved a copy of the by-law is given to the property owner, the Ontario Heritage Trust and is also published in a local paper. The Municipal Solicitor also registers the by-law on the title to the property to inform all future owners of its heritage status. Lastly, the property is recorded in the Municipal Register.

At the end of this process the property owner is presented with a bronze heritage designation plaque containing the Municipal crest and date of construction.

Are there any fees associated with the application?

There are no fees.

Can I appeal a denial to designate my property?

If a resident formally objects the designation, the Municipal Clerk notifies Council and the matter is referred to the provincial Conservation Review Board. The Board will hold a hearing and make a recommendation back to Council on the proposed designation. Council will review the Board’s report but is not obligated to follow their recommendation. Council has final authority regarding the designation and can choose to proceed with the designation by-law or withdraw the Notice of Intention. Notice of Council’s decision is given to the property owner, the Ontario Heritage Trust, and is published in the local newspaper.

What happens after designation?

Designation of a structure does not make it a museum. The purpose of a designation is to conserve architectural features that have heritage value.

Having a structure designated under the Ontario Heritage Act does not restrict the use of or the sale of the property. It does not impose any additional obligations or expenses and it does not mean that the property cannot be changed.

Can I make alterations to a designated building?

Designation protects the heritage features of the property. The Ontario Heritage Act says that a designated structure cannot be altered if the changes made impact the heritage features that were designated. If the owner wants to change any of the designated heritage features, they have to obtain Council’s approval. The role of the Clarington Heritage Committee (CHC) is to work with the owner to ensure that alterations are in line with the heritage features, the rest of the structure and the neighbourhood. The CHC will then make recommendations to Council.

Can a Heritage Designation be removed from my property?

Yes, if a property owner wishes to remove the designation, the by-law can be repealed.
The owner can apply to Council who will consult with the Clarington Heritage Committee (CHC) on the request within 90 days. Council can repeal the by-law or deny the request. If approved, the Clerk will prepare a “Notice of Intention to Repeal” the by-law that is given to the owner and the Ontario Heritage Trust. It is also published in the local newspaper.

If Council denies the request to repeal the by-law, the owner has 30 days from receiving the notice to appeal Councils’ decision and refer the matter to the Conservation Review Board. After a hearing is held on the request to repeal the designation, a report will be provided to Council who ultimately makes the final decision.

Can you demolish a property which has been designated?

The Ontario Heritage Act does not prohibit the demolition of a designated heritage building. The owner has to apply to Council for permission and receive consent in writing. Council has 90 days to review the request. This period can be extended upon agreement between the owner and Council. Council will consult the Clarington Heritage Committee (CHC) and may approve the application. Council’s approval is subject to certain terms and conditions. Notice of Council’s decision provided to the owner, the Ontario Heritage Trust, and is published in the local newspaper.

If Council refuses the application to demolish or remove a building, or approves the application subject to terms and conditions, the property owner can appeal Council’s decision within 30 days of receiving the notification. Appeals are filed with the Municipal Clerk and the Conservation Review Board (CRB). The CRB will hold a hearing and may order that the appeal be dismissed, or that the Municipality consent to the demolition without terms and conditions, or with the terms and conditions set out by the CRB. The decision of the Conservation Review Board is final.

Once a structure is demolished the by-law will be repealed and provided to the property owner and the Ontario Heritage Trust. Notice is published in the local paper; reference to the property is deleted from the Municipal Register, and a copy of the repealing by-law is registered against the property in the land registry office.

What is the Municipal Register of properties?

The Municipal Clerk keeps a Register of all properties that have been designated by by-law within the Municipality. The Register may also include properties that have not been designated, but Council believes they have cultural heritage value or interest. Council consults with its heritage committee prior to adding a property to the Register or removing a property from the Register.

If a non-designated property is listed on the Register, the owner of the property cannot demolish or remove a building or structure unless they give Council at least 60-day notice in writing. The notice is to include plans and information that Council may require. The 60-day period allows Council to consider whether a demolition permit should be issued or whether the property should be designated.