Designated and Non-Designated (Listed) Heritage Properties

Under the Ontario Heritage Act, municipalities can pass By-laws to formally designate properties of cultural heritage value or interest. Formal designation is one way to publicly acknowledge a property's heritage value to a community. At the same time, designation helps ensure the conservation of these important places for the benefit and enjoyment of present and future generations.

Advantages of designating a heritage property:

• • • Recognizes the importance of a property to the local community
    • Protects the property's cultural heritage value
    • Encourages good stewardship and conservation
    • Promotes knowledge and understanding about the property

Properties can be designated individually or as part of a larger Heritage Conservation District. Properties may also be "listed" on the Municipal Register of Properties of Cultural Heritage Value or Interest. Properties are evaluated by Criteria for Determining Cultural Heritage Value or Interest to determine significance and eligibility of designation under the Ontario Heritage Act.

Designation does not prohibit, restrict, or adversely affect the sale of a property. Research indicates that a Designated property may perform more consistently than a comparable Non-Designated property in a turbulent market.

Designation does not oblige the owner to restore and maintain the building beyond what is reasonably expected of any property owner. Designation does not prohibit the development or alteration of a property, but Heritage Permit approval from Council is usually required.

Heritage Conservation Districts

A Heritage Conservation District falls under Part V of the Ontario Heritage Act, which enables the municipal Council to designate the entire municipality or any defined area or areas of the municipality as a Heritage Conservation District (HCD).

An HCD is an area of special character, which may combine older buildings and their settings, making up a district that has a cohesive and distinct sense of time and place. The heritage resources within a district can include buildings, structures, cultural landscapes, and sites of archaeological potential; as well as intangible resources, such as associations with historical events and traditional activities.

The purpose of declaring an area an HCD is to conserve and enhance the character of the neighbourhood. A Heritage Conservation District Plan guides physical change over time so that any change will contribute to the district's special character.

The value and interest of an HCD may also depend on the diversity of the lifestyle and the traditions of the people who live and work there. As the users and the ultimate guardians, the community forms a vital part of a Heritage Conservation District.

Loyalist Township currently has one Heritage Conservation District located at the west-end of the Village of Bath, and contains nine properties selected due to their integrity, diversity, and contributions to the larger environment. In October of 1982, the Corporation of the Village of Bath passed a By-law that enabled the designation of the Heritage Conservation District.

In 2013, the Heritage Conservation District Plan was updated to identify its conformance with current heritage legislation and planning policy. Since the designation of the HCD in 1982, substantial revisions of the Ontario Heritage Act prompted the need to modify the Heritage Conservation District Plan in Bath.

The Village of Bath Heritage Conservation District Plan provides detailed information on the history of Bath, the key heritage attributes under protection, the implementation of the plan, and outlines the goals, objectives, and policies of the Plan.

The Township contains properties of cultural heritage value or interest listed on the Municipal Heritage Register. These properties are not Designated but are provided with interim protection since a Listed structure cannot be demolished without providing Township Council 60-days notice. This allows the time required for Council to decide whether the designation process should be initiated.

As these properties are Listed and not Designated, there is no By-law protecting any individual heritage attributes of the properties below. Listing a property provides interim protection against the demolition of the property or removal of structures on the property without serving notice on Council first.

The Loyalist Township Register of Designated Heritage Properties recognizes properties that are of cultural heritage value in the community and provides a further understanding of the community’s cultural heritage.

For a property to be designated under section 29 of the Ontario Heritage Act, the property must meet two or more of the following criteria listed under Ontario Regulation 9/06. 

1. 1. 1. The property has design value or physical value because it is a rare, unique, representative, or early example of a style, type, expression, material, or construction method.
      2. The property has design value or physical value because it displays a high degree of craftsmanship or artistic merit.
      3. The property has design value or physical value because it demonstrates a high degree of technical or scientific achievement.
      4. The property has historical value or associative value because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community.
      5. The property has historical value or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture.
      6. The property has historical value or associative value because it demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community.
      7. The property has contextual value because it is important in defining, maintaining, or supporting the character of an area.
      8. The property has contextual value because it is physically, functionally, visually, or historically linked to its surroundings.
      9. The property has contextual value because it is a landmark. O. Reg. 9/06, s. 1.

Please review the below Heritage Designation Application Form to learn more about the designation process for properties with cultural heritage value.

A Cultural Heritage Evaluation Report prepared by a Heritage Consultant may be required to support applications for designation. Please contact the Planning & Heritage Assistant for more information.

For any questions about designating heritage properties, please email the Planning & Heritage Assistant, Ally Amodeo, or call 613-386-7351 ext. 101.