What extra steps are required to demolish a heritage-designated building in Ontario?
Demolishing a heritage-designated building involves a distinct process beyond an ordinary demolition permit, since the Ontario Heritage Act requires the owner to give the municipality notice of the intention to demolish and gives council an opportunity to consider the request before it can proceed. Council can consent to the demolition, refuse it, or in some cases impose conditions, and the process is generally designed to give the municipality a genuine chance to weigh the loss of the heritage attributes before the building comes down, rather than treating demolition as a routine administrative matter.
If council refuses consent or the process doesn't resolve in the owner's favour, there may be a right to challenge that outcome, generally through an appeal process available under the Act. Because this process adds real time to what would otherwise be a straightforward demolition, owners of a designated property considering demolition should build in significant additional lead time before any planned redevelopment, and should not assume that owning the property gives an automatic right to demolish it simply because it's privately owned. Getting legal advice before submitting a demolition request is worthwhile given what's at stake.
Key takeaways
- Demolishing a designated building requires formal notice to the municipality beyond a standard permit.
- Council can consent, refuse, or impose conditions on the demolition request.
- A refusal may be challengeable through an appeal process under the Act.
- Build substantial extra lead time into any redevelopment plan involving a designated building.