HAC Terms of Reference

This is a transcription of By-law 80-2024. This transcription is for convenience only and does not represent a true copy of the by-law. To request a copy of the official signed version of the by-law, please contact the municipal office.

Where a discrepancy exists between this transcription and the official copy, the official copy will prevail. Any legal interpretation of this document should be verified with the municipal clerk.

By-Law Number 80 – 2024 Being a By-law to adopt a Terms Reference for the Municipal Heritage Advisory Committee, and repeal By-law 103-2021

Whereas the Council of the Corporation of the Municipality of Bluewater passed by-law 103-2021 being a By-law to adopt a Terms of Reference for the Municipal Heritage Advisory Committee; and

Whereas the Council of the Corporation of the Municipality of Bluewater deems it expedient to update by-laws and processes from time to time;

Now therefore the Council of the Corporation of the Municipality of Bluewater enacts as follows:

1. THAT Schedule "A" attached hereto forms part of this by-law.
2. THAT By-law 103-2021 is hereby repealed.
3. THAT this By-law shall come into effect on the date of passing.

Schedule "A" to By-Law Number 80-2024

Heritage Advisory Committee Terms of Reference

1. Mandate

1.1 The Municipal Heritage Advisory Committee, established under the provisions of municipal by-law, is an advisory committee to Council on matters related to the Ontario Heritage Act, R.S.O. 1990, c. O 18, as amended, and regulations thereto, and such other heritage matters as specified. Additional responsibilities may be established by by-law or resolution of Council.

2. Reporting Structure

2.1 The Heritage Advisory Committee shall report to Council. Recommendations of the Committee are not final until approved by Council unless delegated authority is granted by Council.

2.2 The Committee shall make recommendations and provide advice to Council on matters within its jurisdiction pursuant to the Ontario Heritage Act. The Committee shall have no other authority than to make minor decisions on matters already provided in the annual current budget previously adopted by Council.

3. Objectives

3.1 The role of the Heritage Advisory Committee is advisory and consultative. The Committee exists to assist the municipal Council on all matters relating to the legal designation and conservation of property of cultural heritage value or interest. This can involve individual properties, heritage conservation districts, architectural heritage, cultural landscapes, natural heritage features and broader heritage planning issues both present and potential. The roles of the Heritage Advisory Committee are:

• To advise Council on heritage issues as defined by the statutory requirements of the Ontario Heritage Act, Bluewater Official Plan as well as other assigned duties as defined by Council; and
• To help ensure that plans for change and progress are developed in a manner that recognizes the historical continuity of the community; and
• To provide education to the community at large on heritage topics.

3.2 Duties and Responsibilities

1. REGISTER—to assist the Municipality of Bluewater in compiling and maintaining a register of property in the Municipality of Bluewater as required under the provisions of Sections 27 and 29 of the Ontario Heritage Act, R.S.O. 1990, c. O 18, as amended.
2. DESIGNATIONS—in response to inquiries about designations under Parts IV or V of the Ontario Heritage Act, R.S.O. 1990, c. O 18, as amended, shall assist property owners and Council with evaluating the cultural heritage value or interest of a property. Such an evaluation shall be consistent with the provisions of Regulation 9/06.
3. REPEAL OF DESIGNATIONS—shall advise Council on applications to repeal designations under Sections 31 and 32 of the Ontario Heritage Act, R.S.O. 1990, c. O 18, as amended.
4. ALTERATIONS—shall advise Council on applications to alter designated properties under Sections 33 and 41 of Ontario Heritage Act, R.S.O. 1990, c. O 18, as amended.
5. DEMOLITION—shall advise Council on applications to demolish or remove a building or structure under Sections 34 and 42 of Ontario Heritage Act, R.S.O. 1990, c. O 18, as amended.
6. EASEMENTS—shall advise Council on by-laws to enter into easement agreements with owners of property for the conservation of property of cultural heritage value under Section 37 of the Ontario Heritage Act, R.S.O. 1990, c. O 18, as amended.
7. HERITAGE CONSERVATION DISTRICTS—shall advise Council on proposals to establish heritage conservation districts under Section 40 of the Ontario Heritage Act, R.S.O. 1990, c. O 18, as amended.
8. GRANTS, LOANS AND TAX DEDUCTIONS—to advise and assist Council with respect to the establishment and promotion of grant, loan and tax reduction programs established by Council under Section 39 of the Ontario Heritage Act, R.S.O. 1990, c. O 18, as amended, and Section 365.2 of the Municipal Act, 2001, S.O. 2001, as amended.

4. Composition

4.1 The Heritage Advisory Committee shall be composed of nine members. One (1) member of Council and eight (8) citizen members shall be appointed by Council.

Members of the Heritage Advisory Committee will be appointed by the Council from an advertised recruitment campaign. Members will be selected based upon their special expertise, dedication and commitment to the Committee’s mandate.

In order to maintain a high level of commitment and ensure business continuity, members may be required to resign if they have been absent for more than three (3) consecutive meetings without good cause. Council can remove members from the Committee should they fail to fulfill their responsibilities to the Committee.

5. Term

5.1 The Council member is appointed under separate by-law. Citizen members shall be appointed for a four-year term in accordance with the current procedural by-laws. The term shall expire four years from the date that Council has made the appointment.

A citizen member may resign from the Committee by advising of this intention in writing to the Clerk or designate. A member may also continue for another term with reappointment recommended by the committee to Council.

6. Procedure for Filling Vacancies

6.1 The procedure for filling a vacancy on the Heritage Advisory Committee is as follows:

1. Provide direction to proceed with filling a vacancy and pass a resolution to appoint three members to the nominations advisory subcommittee.
2. Advertise the vacancy on public platforms (website, social media, newspaper).
3. Receive and rate applications received from citizens.
4. The heritage nominations advisory subcommittee is established to select one or more individuals for appointment as members of the Heritage Advisory Committee. The selection is made from the highest-ranked applications received after a call for volunteers is issued. The number of candidates to be considered for selection is equal to the number of currently vacant committee seats plus one.
5. The heritage nominations advisory subcommittee shall report to the Heritage Advisory Committee.
6. The heritage nominations advisory subcommittee shall meet once per period of vacancy. A Chair shall be appointed at each meeting. Meetings are held on the same day as a scheduled meeting of the Heritage Advisory Committee, where possible. Meetings are held at 6:00 p.m., for example, to permit time for the recommendation to be presented at the meeting that follows.
7. Conduct a meeting of the heritage nominations advisory subcommittee in order that members may review the highest-ranked applications and meet these candidates informally using the application that describes their professional and volunteer associations and/or community voluntarism.
8. The Heritage Advisory Committee shall receive a recommendation for appointment from the nominations advisory subcommittee and recommend appointment to Council.
9. The subcommittee minutes shall be circulated to the Heritage Advisory Committee as information.
10. The Clerk or designate will prepare the appointment by-law for approval by Council and notify all applicants in writing within five (5) business days of Council’s decision.

7. Location, date, time and frequency of meetings

7.1 The Heritage Advisory Committee shall establish meeting dates, times and location at the beginning of each term. Members may participate in meetings using the options outlined in the procedures by-law.

The Committee may meet up to 12 times per year on the second Tuesday of the month at 7:00 p.m. A schedule of 12 meetings for the upcoming year shall be established at the last meeting of the current year and posted on the municipal website.

8. Appointment of the Chair and Vice-Chair

8.1 A Chair and a Vice-Chair shall be appointed to the Heritage Advisory committee at the beginning of each year.

8.2 The Chair shall preside at every meeting of their committee and may vote on every question submitted for consideration. The Chair may require resolutions to be written. In the absence of the Chair, the Vice-Chair shall perform all the duties of the Chair.

The Chair may call a special meeting if they determine that there are sufficient items for consideration; or cancel a meeting if there are insufficient items for consideration. This power does not extend to the Chair of the heritage nominations advisory subcommittee.

9. Quorum

Quorum shall consist of not less than the majority of the committee membership. For a composition of nine (9) members, five (5) members are required for a quorum to be present. For a membership of three, full attendance is required.

Rules for quorum are set out in the current procedural by-laws.

10. Staff support and responsibilities

10.1 The Manager responsible for providing support, advice and expertise to the Heritage Advisory Committee shall be the Manager of Development Services or their designate. The Manager or their designate shall ensure that all recommendations are brought forward to the Council in a timely fashion for consideration and in a report that is separate from the minutes. The Manager and Chair shall, at the direction of the committee and/or Council, facilitate clear communication of information between Council and the committee.

10.2 A Recording Secretary is provided from municipal administrative staff to support the committee. The role of the Secretary is to co-ordinate proceedings, record and distribute agendas and minutes as well as other duties. The Heritage Advisory committee minutes shall be circulated to the Council via the regular Council agenda.

11. Annual Budget and Report

11.1 The Heritage Advisory Committee will submit an annual budget for the upcoming year to the Council each year no later than September 30th. The budget will be incorporated into the Planning and Culture Budget.

11.2 The Committee will submit an annual report highlighting committee activities from the current year and proposed activities for the upcoming year.

12. Other

12.1 The members of the Heritage Advisory Committee and heritage nominations subcommittee shall adhere to the policies and procedures set out by the Council of the Municipality of Bluewater.