Heritage Designation in Newmarket: Protecting Our History for Future Generations

The Impact of Bill 23 on Newmarket’s Heritage Properties - By Councillor Kelly Broome

In November 2022, the Ontario government introduced Bill 23, also known as the More Homes, Built Faster Act. This legislation was designed to increase housing supply across the province, but it also introduced significant changes to land use planning and heritage conservation. One of the most notable changes is found in Schedule 6, which amends the Ontario Heritage Act, altering the way municipalities identify, designate, and protect heritage properties. These changes have significant implications for communities like Newmarket, as they impact long-standing preservation efforts and the future of historically significant sites. These revisions officially took effect on January 1, 2023, and municipalities like Newmarket must now navigate these new requirements.

What is Bill 23?

Bill 23 is part of the Ontario government’s plan to address the housing crisis by streamlining development processes. The legislation made broad changes to municipal planning, parkland dedication, affordable housing requirements, and environmental protections. Specifically, regarding heritage preservation, Bill 23 introduced new limitations on the designation and protection of properties under the Ontario Heritage Act (OHA).

Key changes under Bill 23 related to heritage designation include:

  • Automatic Removal from the Heritage Register: If a listed (non-designated) heritage property has not received a Notice of Intention to Designate (NOID) by January 1, 2027, it will automatically be removed from the heritage register. Once removed, the property cannot be re-listed for at least five years.

  • Stricter Criteria for Designation: Previously, a property only had to meet one of nine criteria under O.Reg. 9/06 to be designated. Under Bill 23, a property must now meet at least two criteria to qualify for designation.

  • Limitations on Heritage Districts: Municipalities must now demonstrate that all properties within a proposed Heritage Conservation District collectively meet the new designation criteria.

While these changes present challenges, the Town of Newmarket is taking proactive steps to support homeowners and protect the town’s rich history.

What Does This Mean for Newmarket’s Heritage Properties?

A key impact of Bill 23 is that municipalities now face tighter deadlines and increased scrutiny when designating heritage properties. If a property does not receive a NOID by 2027, it risks losing its heritage status, potentially opening it up to redevelopment. However, this process also provides an opportunity to highlight the unique value of heritage properties and ensure they receive the recognition and protection they deserve.

The Benefits of Owning a Heritage Property

Despite the concerns surrounding Bill 23, owning a heritage property or living in a designated heritage area comes with several benefits:

  • Unique Architectural Charm – Heritage homes often feature distinctive architectural details and craftsmanship that are rare in modern constructions.

  • Community Character and Stability – Heritage districts preserve the historical essence of a neighborhood, fostering a strong sense of community pride and continuity.

  • Potential Property Value Stability – While some may assume heritage designation lowers property values, well-maintained heritage homes in desirable areas often retain or even increase in value over time.

  • Access to Grants and Incentives – Owners of designated heritage properties may qualify for municipal, provincial, or federal grants, tax incentives, and financial assistance programs for conservation and restoration work.

  • Tourism and Cultural Appeal – Designated heritage districts often attract visitors, boosting local businesses and enhancing the town’s cultural significance.

What Has the Town of Newmarket Done So Far?

On May 27, 2024, Town Staff brought forward a report to Council outlining the impact of Bill 23 on non-designated heritage properties. The report recommended a list of 49 priority properties for designation consideration. Following further evaluation, an external heritage consultant, Archaeological Research Associates Ltd. (ARA), determined that 48 of the 49 priority properties met the provincial designation criteria.

On November 1, 2024, the Town issued Notices of Intention to Designate (NOID) for these 48 properties in accordance with the Ontario Heritage Act (OHA). Property owners were notified via multiple statutory and non-statutory notices to ensure transparency and awareness.

Engaging with Property Owners

Throughout this process, Town Staff have been actively engaging with property owners to address concerns, answer questions, and provide clarity on the designation process.

  • March 4, 2024: The first non-statutory notice was mailed to all priority property owners.

  • March 19, 2024: The Heritage Newmarket Advisory Committee reviewed the Priority List and recommended the addition of 371 Davis Drive.

  • April 17, 2024: A second non-statutory notice was hand-delivered to owners, notifying them of potential designation.

  • November 1, 2024: The first statutory NOID notice was issued.

  • January 10, 2025 & January 17, 2025: Additional non-statutory notices were sent to property owners, inviting objections and discussions.

Since January 13, 2025, Town Staff have worked closely with property owners who filed formal objections or expressed concerns about heritage designation. Out of the 48 properties, 12 objections were received. After discussions, 5 objections were resolved, including 2 property owners who withdrew their objections.

How Can Residents Share Their Views?

Residents who wish to voice their opinions on Bill 23 and its impact on heritage preservation can do so through the following channels:

  • Contact Newmarket Town Council: Residents can share their perspectives directly with Town Councillors through email, phone calls, or at public meetings. Newmarket Town Council Contact Information

  • Attend Heritage Newmarket Advisory Committee Meetings: These meetings provide an opportunity for public input on heritage-related matters. Heritage Newmarket Advisory Committee

  • Submit Feedback to the Ontario Government: The Ministry of Municipal Affairs and Housing oversees Bill 23 and its implementation. Residents can contact their local MPP or submit feedback through the provincial website. Ministry of Municipal Affairs and Housing Contact Page

  • Appeal a Heritage Designation: Property owners who oppose a designation can file an appeal with the Ontario Land Tribunal (OLT) within 30 days of receiving a Notice of Passing. Ontario Land Tribunal (OLT) Appeals

  • Engage in Community Advocacy: Heritage organizations, historical societies, and resident groups often advocate for policy changes and provide additional support for affected homeowners.

Next Steps and Appeal Process

Following the passing of the Designation By-laws, the Town must serve a Notice of Passing to affected property owners, outlining their right to appeal. Property owners will have 30 days from the date of the notice to file an appeal with the Ontario Land Tribunal (OLT). The OLT will then review the appeal and determine the next steps, which may include hearings or mediation to resolve concerns. Appeals must be filed with the Ontario Land Tribunal (OLT) within 30 days of the notice.

It is important to note that property owners retain the right to appeal the by-law even if they did not previously file an objection to the NOID. This ensures that all owners have an opportunity to present their concerns and seek further review of their property's designation status. This means that additional appeals could still arise as the process moves forward.

Additional Resources

For further details on Bill 23 and its impact on heritage properties, residents can visit:

Conclusion

The Town of Newmarket is committed to preserving its heritage while working collaboratively with property owners. Through transparency, engagement, and thoughtful planning, we can ensure that our town’s historical character continues to thrive for future generations.

Kelly BroomeComment