When Ottawa City Council approved the Integrated Master Site Plan in November 2010, it also approved a staff recommendation to repeal the heritage designation bylaw for the Horticulture Building. This of course is to allow the City to relocate the building to a new site northeast of the Aberdeen Pavilion

The Conservation Review Board (CRB) is an administration tribunal constituted under the Ontario Heritage Act (OHA or the Act) to review municipal decisions made under the Act and to make recommendations to a municipal council. It performs in an advisory role only and does not make binding decisions in the same manner as the Ontario Municipal Board (OMB) is able to. However, because of its legal standing and the thoroughness of its proceedings, its recommendations provide standards of just and permissible law-making in matters of built heritage. Municipalities normally defer to its findings.

The Act is written to provide rules and guidelines for city councils and building owners regarding preservation and maintenance of buildings deemed to be of heritage and historical value. The unusual matter of the Horticulture Building is that not only the City is both the owner and the legislator, but that it is also is in a business partnership with developers wherein the partnership is poised to reap benefits from the proposed development.

The Horticulture Building was designated as a heritage building under Part IV of the OHA in 1994 (By-law 8-94). A heritage designation usually protects a property from demolition or relocation as well as from other interventions that are not consistent with its heritage attributes and also from any action that contravenes the municipal heritage guidelines.

In its Official Plan, the City has adopted the official Standards and Guidelines for the Conservation of Historic Places in Canada. The City is therefore committed to safeguard all designated properties under its jurisdictions and to enforce appropriate bylaws and regulations relating to their proper care.

That’s fine when a structure is owned by an individual or a corporation, like, for example, Lisgar Collegiate. If changes to this building were to be considered, the school board would have to comply with the city’s dictates. However, what rules are to be followed when the owner is also the legislating body? The OHA does not recognize relocation of a built heritage structure. It only recognizes protection of such property where it stands (in situ) or its demolition. Relocation is demolition according to the Act.

By repealing the heritage designation of a building, the City Council puts any such building at risk. Upon repeal, an owner is free to demolish his building overnight if desired. The City, as a party in the Lansdowne business partnership, could also demolish the Horticulture Building outright without any legal retribution or penalty (and save $3M at the same time). Such a deed would certainly be lacking in moral rectitude, but usually in business matters morality is considered an inconvenience and not an obstacle.

The CRB hearing to consider the de-designation is scheduled for 4 days, starting at 10am on April 18th 2011, in the Council Chambers at Ben Franklin Place, 101 Centrepointe Drive. On April 19-21, the hearing will reconvene in Room 1A and 1C.

The CRB jurisdiction in this matter is to consider arguments only in the context of the proposed repeal of the existing designation bylaw, or criteria that determines the cultural heritage value of this property. Financial or zoning matters, if addressed, must be shown to be relevant to repealing the bylaw. Evidence deems to be outside of the scope of the inquiry may not be permitted by the chairperson.

The hearing in open to the public and the public may address the tribunal if willing to be questioned by the parties and the Board, upon permission of the chair. The first presentation will be by the City of Ottawa, and this may take a full day. To read more on Horticulture Building, including the reasons for designation, see the November 2010 report to council on the relocation. The two objectors to the repeal of this bylaw are Heritage Ottawa and myself, Jean-Claude Dubé. For more information on the Ontario Heritage Act and the Conservation Review Board, consult the CRB website.