Heritage Conservation: The Act and More

Sometimes local governments wish they had more authority to achieve important policy objectives, including objectives promoted by the Province, which of course is the source of all local government authority in the first place.  Sometimes (and by “sometimes” we mean “often”) the Province would like local governments to assist the Province in achieving provincial policy objectives (like protecting farm land or fish habitat, or increasing the supply of housing).  When it comes to heritage conservation, local governments need look no further than Part 15 of the Local Government Act.  Part 15 offers a comprehensive suite of powers local governments can rely on to identify, and protect, heritage properties, in some cases including undeveloped land, within their boundaries.  And to be clear it leaves it up to local governments in most cases to decide what property is worth preserving in the first place.  Yet local governments and the Province seem quick to look beyond Part 15 for heritage conservation opportunities, and even obligations. Therefore, before turning to Part 15, this paper will first review the Heritage Conservation Act and the role of local governments in that universe, and then consider heritage conservation moments in the broader context of other local government development approvals. We’ll then attempt to convince readers that Part 15 should be the first, not the last, place to look in any search for heritage conservation authority. 

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