Cultural Heritage Impact Assessment Guidelines

Changes to the Planning Act were recently made by the Province through Bill 13 and Bill 109. Phase 1 - Interim Draft Terms of References/Guidelines were approved by the Planning Committee on November 29, 2022. The interim draft guidelines will provide clarity for development applications as to City requirements and will be subject to additional public and stakeholder consultation with Phase 2 terms of references in Q2 2023 before finalization.

1.0 Purpose

A Cultural Heritage Impact Assessment (CHIA) is a report that documents a clear and traceable evaluation of the effects of a proposed new development or redevelopment on cultural heritage resources and/or their setting. If there are demonstrated adverse effects, the CHIA must describe the means by which the adverse effects can be minimized, mitigated or avoided. The primary goal of a CHIA is to ensure that the cultural heritage value of the property is conserved.

Under the Urban Hamilton Official Plan (UHOP) and Rural Hamilton Official Plan (RHOP), a CHIA shall be required where the proposed development, site alteration, or redevelopment of lands has the potential to adversely affect the following cultural heritage resources through displacement or disruption:

Properties designated under any part of the Ontario Heritage Act or adjacent to properties designated under any part of the Ontario Heritage Act;
Properties that are included in the City of Hamilton’s Municipal Heritage Register or adjacent to properties included in the Register;
A registered or known archaeological site or areas of archaeological potential;
Any area for which a cultural heritage conservation plan statement has been prepared; or,
Properties that comprise or are contained within cultural heritage landscapes that are included in the City of Hamilton’s Municipal Heritage Register.

The UHOP and RHOP also identify that CHIA reports may be required where the proposed development, site alteration, or redevelopment of lands has the potential to adversely affect properties listed on the City’s Inventory of Heritage Buildings.

The UHOP also identifies that there may be cultural heritage properties that are not yet included in the City’s Municipal Heritage Register, nor designated under the Ontario Heritage Act, but have cultural heritage interest. The City shall ensure these nondesignated and non-registered cultural heritage properties are identified, evaluated, and appropriately conserved.

New development, site alteration or redevelopment may create disturbances or disruptions including, but not limited to:

Demolition, removal, or any other damaging effects to buildings or structures of cultural heritage value or interest;
Disruption of the setting, context, landscape or layout of the cultural heritage resource; and,
Development of lands adjacent to cultural heritage resources that is not sympathetic to the adjacent property’s cultural heritage attributes.

2.0 Content

Planning staff will inform the proponent during the Formal Consultation phase of any development application, whether the submission of a CHIA will be required prior to the submission of any subsequent applications under the Planning Act.

The Assessment shall be undertaken by a qualified professional with demonstrated expertise in cultural heritage assessment, mitigation and management, excluding the project architect or any other professional with a stake in the development, and shall contain:

1. Introduction to the Development/Project

2. Background Research & Analysis

3. Statement of Significance

4. Description of Proposed Development or Site Alteration

5. Impact of Proposed Development or Site Alteration

6. Alternatives or Mitigation Measures

7. Conservation Strategy

8. Cited Materials

a. A location plan showing and describing the contextual location of the site.

b. An existing site plan, current floor plans of built structures where appropriate.

c. A concise written and visual description of the site identifying significant features, buildings, landscapes and views including any yet unidentified potential cultural heritage resources and making note of any heritage recognition of the property (ie. National Historic Site, Municipal Designation, etc.).

d. A concise written and visual description of the context including adjacent properties and their recognition (as above) and any yet unidentified potential cultural heritage resource(s).

e. Present owner and contact information.

For the subject property:

a. Comprehensive written and visual research and analysis of the cultural heritage value or interest of the site (both identified and not yet identified): physical or design, historical or associative, and contextual.

b. Development history of the site including original construction, additions, and alterations with substantiated dates of construction; and,

c. Relevant research material, including historic maps, drawings, photographs, sketches/renderings, permit records, land records, assessment rolls, Vernon’s directories, etc.

For adjacent properties:

d. Concise written and visual research and analysis of the cultural heritage value or interest of the adjacent properties, predominantly physical or design and contextual value.

a. A Statement of Cultural Heritage Value or Interest identifying the cultural heritage attributes. This statement will be informed by current research and analysis of the site as well as pre-existing heritage descriptions. This statement is to follow the provincial guidelines set out in the Ontario Heritage Tool Kit. The statement of cultural heritage value or interest will be written in a way that does not respond to or anticipate any current or proposed interventions. The City may, at its discretion and upon review, reject or use the statement of cultural heritage value or interest, in whole or in part, in crafting its own statement of cultural heritage value or interest (Reasons for including on Register or Designation) for the subject property.

a. A written and visual description of the proposed development or site alteration, including a proposed site plan, proposed building elevations, and proposed interior plans, where applicable.

a. Description of the negative impacts upon the cultural heritage resource(s) by the proposed development or site alteration as identified in the Ontario Heritage Tool Kit, including but not limited to:

i. Destruction of any, or part of any, significant heritage attributes or features;
ii. Alteration that is not sympathetic, or is incompatible, with the historic fabric and appearance; iii. Shadows created that alter the appearance of a heritage attribute or change the viability of an associated natural feature or plantings, such as a garden;
iv. Isolation of a heritage attribute from its surrounding environment, context or a significant relationship;
v. Direct or indirect obstruction of significant views or vistas within, from, or of built and natural features;
vi. A change in land use (such as rezoning a church to a multi-unit residence) where the change in use negates the property’s cultural heritage value; and,
vii. Land disturbances such as a change in grade that alters soils, and drainage patterns that adversely affect a cultural heritage resource, including archaeological resources.

a. A description of the alternatives or mitigation measures necessary to mitigate the adverse impacts of the development and/or site alteration upon the cultural heritage resource(s), including:

i. The means by which the existing cultural heritage resources shall be integrated within the proposed development and/or site alteration; and,
ii. The manner in which commemoration of cultural heritage resources to be removed shall be incorporated within the proposed development and/or site alteration.

a. The preferred strategy recommended to best protect and enhance the cultural heritage value and heritage attributes of the on-site and adjacent cultural heritage resource(s) including, but not limited to:

i. A mitigation strategy including the proposed methods;
ii. A conservation scope of work including the proposed methods; and
iii. An implementation and monitoring plan.
iv. Recommendations for additional studies/plans related to, but not limited to: conservation; site specific design guidelines; interpretation/commemoration; lighting; signage; landscape; stabilization; additional record and documentation prior to demolition; and long-term maintenance.
v. Referenced conservation principles and precedents.

a. Any photographic records, maps, or other documentary materials found during the historical research of the property as well as present-day photographs taken during research; and,

b. A detailed list of cited materials

Any required CHIA report shall be submitted for review by Planning staff and the Hamilton Municipal Heritage Committee prior to acceptance of the report as being complete or the clearance of any conditions on any development approvals.

2.1 Scoped Assessments

At the discretion of Planning staff, the content of a CHIA may be scoped as follows:

a. Where it has been adequately demonstrated that the conservation, rehabilitation and reuse of cultural heritage resources that have not yet been included in the City’s Municipal Heritage Register, nor designated under the Ontario Heritage Act, is not viable, the City may require that the affected resources be thoroughly documented for archival purposes at the expense of the applicant prior to demolition or removal.
b. Where cultural heritage resources may be affected and staff is of the opinion that the potential impacts will be minor, the discussion of impacts to cultural heritage resources may be integrated into an Urban Design Brief or Urban Design Study.

Note: Where a property is designated under Part IV or Part V of the Ontario Heritage Act, a Heritage Permit is required to be submitted prior to the issuance of a Building Permit. Accordingly, Planning staff recommend that the proponent consults with staff following the submission of a Formal Consultation application to determine the appropriate course of action to proceed with the proposal.

Date modified

January 19, 2023