TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Real Estate/What can I do if I receive a…
Real Estate

What can I do if I receive a notice of intention to designate my property under the Ontario Heritage Act?

TSL Written by the Treadstone Law team· Updated August 2026

A notice of intention to designate starts a defined process, not an immediate, final designation, so receiving one gives you a real opportunity to respond before any bylaw is passed. Within the notice period, you can generally file a formal written objection setting out your reasons, whether that's disputing the claimed heritage value, disagreeing with the specific attributes identified, or raising practical concerns about how designation would affect the property's use.

Once a timely objection is filed, municipal council is generally required to consider it before deciding whether to proceed with the designating bylaw, which can result in council withdrawing the notice, modifying the proposed designation, or proceeding as originally proposed despite the objection. If council proceeds anyway, a further right to appeal the resulting designation to the Ontario Land Tribunal generally exists. Because the objection period is time-limited, an owner who wants to contest a proposed designation should act quickly, gather any evidence supporting their position on the property's actual heritage significance, and consider getting legal advice early rather than waiting until the deadline is close.

Key takeaways

  • A notice of intention starts a process with a defined objection period, not a final decision.
  • A timely written objection must be considered by council before the bylaw proceeds.
  • Council can withdraw, modify, or proceed with the designation despite an objection.
  • Act quickly within the notice period, since the objection window is time-limited.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →