Charges laid in relation to demolition of heritage-listed accessory building

The City of London has laid charges following an investigation into the demolition of a heritage-listed accessory building at 247 Halls Mill Road on Thursday, January 30.

“We have taken this matter very seriously and these charges are the result of a full investigation,” says George Kotsifas, Managing Director, Development and Compliance Services and Chief Building Official.

The charges, laid under the Ontario Building Code Act and Ontario Heritage Act, stem from the activities leading up to and including the demolition on January 30. They relate to the fact that the property owners did not have the required building permit to demolish the building and the fact that the owner did not comply with the Building Code or Ontario Heritage Act.

The charges include one count under Section 8 and two counts under Section 36 of the Ontario of the Ontario Building Code Act, and one count under Section 27 of the Ontario Heritage Act. These charges have yet to be proven in court. 

Background:

Section 27 (3) of the Ontario Heritage Act specifies the restriction on demolition:

If property included in the register under subsection (1.2) has not been designated under section 29, the owner of the property shall not demolish or remove a building or structure on the property or permit the demolition or removal of the building or structure unless the owner gives the council of the municipality at least 60 days’ notice in writing of the owner’s intention to demolish or remove the building or structure or to permit the demolition or removal of the building or structure.

Section 8 (1) of the Ontario Building Code Act specifies the need for building permits:

No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official.  1992, c. 23, s. 8 (1); 1997, c. 30, Sched. B, s. 7 (1).

Section 36 (1) of the Ontario Building Code Act addresses Offences:

A person is guilty of an offence if the person,

(a) knowingly furnishes false information in any application under this Act, in any certificate required to be issued or in any statement or return required to be furnished under this Act or the regulations;

(b) fails to comply with an order, direction or other requirement made under this Act; or

(c) contravenes this Act, the regulations or a by-law passed under section 7.  1992, c. 23, s. 36 (1); 1997, c. 30, Sched. B, s. 19; 2002, c. 9, s. 53 (1); 2009, c. 33, Sched. 21, s. 2 (8).

Penalties available under the Ontario Heritage Act:

Offences and restoration costs are outlined in Section 69 of the Act:

69 (1) Subject to subsection (2), every person who,

(a) knowingly, furnishes false information in any application under this Act or in any statement, report or return required to be furnished under this Act or the regulations;

(b) fails to comply with any order, direction or other requirement made under this Act; or

(c) contravenes this Act or the regulations,

and every director or officer of a corporation who knowingly concurs in such furnishing of false information, failure or contravention is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.  R.S.O. 1990, c. O.18, s. 69 (1).

Penalties available under the Ontario Building Code Act:

Offences and penalties are outlined in Section 36 of the Act:

36 (1) A person is guilty of an offence if the person,

(a) knowingly furnishes false information in any application under this Act, in any certificate required to be issued or in any statement or return required to be furnished under this Act or the regulations;

(b) fails to comply with an order, direction or other requirement made under this Act; or

(c) contravenes this Act, the regulations or a by-law passed under section 7.  1992, c. 23, s. 36 (1); 1997, c. 30, Sched. B, s. 19; 2002, c. 9, s. 53 (1); 2009, c. 33, Sched. 21, s. 2 (8).

Penalties:

(3) A person who is convicted of an offence is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $100,000 for a subsequent offence.  2005, c. 33, s. 1.

Last modified:Wednesday, August 12, 2020