Sample municipal heritage committee by-law

This sample by-law shows the types of information that could be in a by-law to set up a municipal heritage committee. This is only one example. A municipality considering creating a new heritage committee can consult with neighbouring municipalities about the by-laws used to establish their committees.

CORPORATION OF THE _______________________________
OF _________________________________________________
BY-LAW NUMBER ____________________________________
A BY-LAW TO ESTABLISH A MUNICIPAL HERITAGE COMMITTEE AND PROVIDE FOR THE APPOINTMENT OF MEMBERS THERETO

WHEREAS section 28 of the Ontario Heritage Act, R.S.O. 1990, CHAPTER O.18, provides that the council of municipality may, by by-law, establish a municipal heritage committee to advise and assist the council on all matters relating to Parts IV and V of the Ontario Heritage Act, R.S.O. 1990, CHAPTER O.18; and

WHEREAS the Council of the ___________________ of ___________________ deems it advisable to establish such a committee and provide for the appointment of members thereto;

THEREFORE the Council of the Corporation of the ___________________ of ___________________ enacts as follows:

  1. A municipal heritage committee is hereby established, to be known as the "____________ Heritage Committee".
  2. That the ______________________ Heritage Committee is established to advise and assist Council on all matters within the jurisdiction of the Council of the Corporation of the _______________ under the Ontario Heritage Act, as amended from time to time.
  3. The committee shall consist of a minimum of five members. Members shall be appointed by Council who are residents and/or ratepayers of the Municipality, being a minimum of 18 years of age, and are not employees of the Municipality.
  4. The Council of the Corporation of the ___________________ of ___________________ may, by resolution, replace members as terms of membership expire, or appoint from time to time such new members as it considers desirable.
  5. That the Terms of Reference of the _____________Heritage Committee are set out in Schedule “A” attached hereto and forming part of this By-law.
  6. This by-law shall come into force and take effect on the date of its passing (OR ALTERNATIVELY: on the ______ day of ______, 20___ ).

Dates of three readings:
____________________
____________________
____________________

________________________
(Signature of head of Council)

________________________
(Signature of Clerk)

SCHEDULE “A” To By-law _______
________________HERITAGE COMMITTEE
TERMS OF REFERENCE*

A) Mission Statement

The mission of the ___________ Heritage Committee is to advise and assist Council to ensure that appropriate cultural heritage conservation practices are followed throughout the ________________ of __________________, in accordance with the Ontario Heritage Act, the Ontario Planning Act and the Official Plan and associated by-laws, in order for the long-term benefit of the community. This mission shall be accomplished through the provision of advice and recommendations on cultural heritage conservation to Council, municipal staff and to the community.

B) Mandate

To advise and assist Council on all matters relating to Part IV and to Part V of the Ontario Heritage Act, including Council’s authority to:

  • designate individual property (s.29, s.41)
  • issue or refuse permits to demolish a designated property (s.33, s.34, s.42)
  • delegate power to an employee or official of the municipality to consent to alterations of individually designated property (s.33, s.42)
  • repeal designation by-laws (s.31, s.32)
  • purchase or lease individually designated property (s.36(1))
  • expropriate designated property (s.36(2))
  • provide grants and loans to designated property owners (s.39)
  • list or remove property of cultural heritage value from the municipal register (s.27)
  • enter into easements and covenants with property owners (s.37(1))

To advise and assist Council on other matters of cultural heritage conservation, including:

  • identifying cultural heritage properties
  • establishing criteria for the evaluation of properties of cultural heritage value or interest
  • involving the community and developing partnerships in regards to the municipality’s cultural heritage conservation interests
  • educating and informing on, and promoting the cultural heritage resources within the community
  • legislation that includes cultural heritage provisions
  • funding initiatives and the Heritage Property Tax Relief Program
  • municipal, provincial and federal cultural heritage properties, and National Historic Sites
  • Official Plan policies pertaining to cultural heritage

C) Term of Office

All appointments shall be at the discretion of Council. The term of the voting members of the Committee shall be: (pick one)

  • four years coinciding with the term of the Council that has made the appointment, or until their successors are appointed, or
  • four years from the date that Council has made their appointment (staggered so that one-half or one-third of the committee is appointed every one or two years)

D) General

  • The Committee shall act in accordance with the municipality’s Procedure By-law, Conflict of Interest, Code of Conduct, and Committees of Council policies.
  • The Committee shall elect a chairperson and vice-chairperson, annually at its first meeting, or as soon as practicable, from among the voting members. No chairperson or vice-chairperson may serve more than _____ consecutive years in their respective position.
  • The Committee shall annually set short and long term goals and evaluate its effectiveness in achieving them.
  • The Committee shall prepare and submit to Council, before the ______ day of ______ each year, a report of its previous year's activities, expenses and revenues, and a report on its planned activities and an operating budget for the upcoming year.
* These terms of reference may be expanded or shortened as the council wishes.