Local historical society objects to changes on heritage buildings’ rules

On Oct. 25, 2022, the Ontario government tabled Bill 23, the More Homes Built Faster Act, in the Ontario Legislature. The Bill was passed and received Royal Assent on Nov. 28, 2022. According to the government, the Omnibus Legislation is intended to support building more housing in the province. However, it also has far-reaching impacts on heritage and environmental protection.

While The Beach and East Toronto Historical Society (TBETHS) is dedicated to the preservation of heritage buildings in our catchment area and the retention of the character of our neighbourhood, this is not about being against new housing. There will always be a need for new and much needed affordable housing and we support and encourage that.

TBETHS has in the past supported projects for the creation of more housing while still maintaining historic sites, including the house at 292 Main St. (1887) and the William Brown House at 16 Kimberley Ave. (1889).

What TBETHS disagrees with, is the apparent belief and message of the Legislation that housing and heritage conservation are antagonistic and irreconcilable planning objectives.

In TBETHS’ view, the amendments made by the Legislation are too far-reaching, make sweeping changes to well-thought-out planning processes, take away authority from bodies that have knowledge and expertise, dismiss community interests, and will render the preservation of our heritage irrelevant.

The Legislation under Schedule 6, amends the Ontario Heritage Act so that it allows the Lieutenant Governor in Council, i.e., the Ontario Cabinet, to exempt provincial properties from heritage designation, if it can show that the exemption supports provincial priorities such as transit, housing, health and long-term care, and other infrastructure and priorities as may be prescribed.

For example, had this power existed in 2020, the Ontario Cabinet would have had the power to exempt the provincially-owned Dominion Foundry Lands from standards and guidelines, and the total demolition of this historic building may not have been blocked by a court injunction. Thankfully, portions of the Foundry buildings have been saved (at least, for now).

In addition, the Legislation limits a municipality’s ability to designate and retain heritage properties.

In some cases, it removes a municipality’s duty to consult heritage committees before heritage buildings are removed from heritage registers and restricts the power of municipalities to designate heritage districts. It will also make it far more difficult to properly protect buildings with heritage value, especially in cities such as Toronto.

This is not even going into the impacts the Legislation will have on our natural heritage, as it will allow the development of wetlands, woodlands and wildlife habitats that are currently protected.

Currently, even with the protections we do have, buildings with significant heritage value have frequently been demolished despite significant public disapproval.

For example, the historically-designated Stollery Building at the corner of Yonge and Bloor streets was demolished without permission overnight by an irresponsible property developer. The new Legislation will allow for an increasing number of heritage buildings vital to Toronto’s history to be torn down.

Research has determined that demolishing buildings is an extremely poor environmental practice. It creates a significant amount of waste, most of which cannot be reused and ends up in landfill.

The retention of existing buildings is significantly more sustainable than demolishing and building new. At grade heritage buildings also help contribute to the pedestrian and social experience in urban areas by providing diversity, texture and historical context. Creative examples, such as the Allied Building at Peter and Richmond Street, The Broadview Hotel on Queen Street East and the Dineen Building on Yonge Street, restore and reimagine heritage and meaningfully enhance our urban street life.

TBETHS vehemently objects to the provisions of the Legislation that will forcibly remove any listed properties from the Toronto Heritage Register which are not designated within two years. Furthermore, delisted properties will not be considered for heritage designation for another five years.

This will have a huge impact in Ward 19. Of the 427 properties within TBETHS’ catchment area included in the Toronto Heritage Register, as of May 5, 2021, the majority (263 properties or 62 per cent of the total) are listed, not designated. These include, to name a few, Fire Hall #17 at 1904 Queen St. E., the Beaches Branch Library at 2161 Queen St. E., the Donald Stephenson House at 2190 Gerrard St. E. and the Home Bank of Canada Building at 2547 Danforth Ave.

Elevating more than 250 buildings from listed to designated status within two years will involve a significant amount of work for already stretched city staff and TBETHS’ volunteers and reduce their ability to recommend additional significant buildings to the Toronto Heritage Register.

Any individual or organization that cares about built and natural heritage in this province should be outraged by the Legislation.

Anyone who cares about an individual’s right to be consulted and to participate in the consultation process should also be greatly concerned as it removes the planning process and takes away residents’ ability to appeal developments.

TBETHS will continue to work with the City of Toronto to ensure that as many properties as possible are designated, focusing on the 263 properties within TBETHS’ catchment area that have been included in the Toronto Heritage Register as listed, but not designated, and recommending the addition of significant heritage buildings to the Register.

Additional information and response to the Legislation is available at http://tbeths.com/ pdf/Bill23-2022.pdf.

Clyde Robinson, On behalf of the The Beach and East Toronto Historical Society