Item - 2026.PH30.11

The Planning and Housing Committee recommends that:

1. In consideration of the objection made under subsection 27(7) of the Ontario Heritage Act, City Council continue to include the property at 1767 Bayview Avenue on the City of Toronto's Heritage Register.

2. In consideration of the objection made under subsection 27(7) of the Ontario Heritage Act, City Council continue to include the property at 1773 Bayview Avenue on the City of Toronto's Heritage Register.

3. In consideration of the objection made under subsection 27(7) of the Ontario Heritage Act, City Council continue to include the property at 73 Niagara Street on the City of Toronto's Heritage Register.

This report responds to notices of objection received by the City of Toronto under Section 27(7) of the Ontario Heritage Act (the "OHA") from property owners objecting to the inclusion of their properties on the City's Heritage Register. 

The OHA establishes a process whereby owners can object to a property's listing on the Heritage Register and, should they do so, a subsequent decision on the listing must be made by the municipality. Owners can object to listings at any time.  In the third and fourth quarter of 2025, the City received a notice from each of three property owners objecting to the inclusion of their properties on the Heritage Register for the following addresses:

- 1767 Bayview Avenue

- 1773 Bayview Avenue

- 73 Niagara Street

On December 18, 2024, City Council adopted Item 2024.NY19.12 which included a grouping of similar and related properties at 1747, 1751, 1759, 1763, 1767, 1771, 1773, and 1775 Bayview Avenue on the City's Heritage Register. Located on the east side of Bayview Avenue between Eglinton Avenue East and Parkhurst Boulevard, in the Leaside-Bennington neighbourhood, the properties at 1767 and 1773 Bayview Avenue contain two-storey, residential apartment buildings constructed in the mid-1930s.

On December 17-18, 2019, City Council adopted Item 2019.TE11.10 which included the properties at 55-73 and 79-87 Niagara Street on the City's Heritage Register. Located in the South Niagara District neighbourhood on the south side of Niagara Street between Tecumseth Street and Bathurst Street, the property at 73 Niagara Street contains a two-storey, Victorian-era brick row house.

Chapter 103 of the Toronto Municipal Code sets out the process for Council consideration of objections to properties included on the Heritage Register. City Council must be made aware of such objections on a routine basis so that they may consider the matter and render a final decision. Once Council has decided on the objection, the OHA requires that the owner of the property must be notified of Council's decision within 90 days. Council's decision on objections to listing is final and is not subject to appeal.

Following a review of the objections to listing submitted for 1767 and 1773 Bayview Avenue and 73 Niagara Street, staff are of the opinion that the subject properties hold cultural heritage value. Staff recommend that Council continue to include these properties on the Heritage Register.

At its meeting on April 27, 2026 the Toronto Preservation Board considered Item PB43.3 and made recommendations to City Council.

Summary from the report (April 3, 2026) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report responds to notices of objection received by the City of Toronto under Section 27(7) of the Ontario Heritage Act (the "OHA") from property owners objecting to the inclusion of their properties on the City's Heritage Register.

The OHA establishes a process whereby owners can object to a property's listing on the Heritage Register and, should they do so, a subsequent decision on the listing must be made by the municipality. Owners can object to listings at any time. In the third and fourth quarter of 2025, the City received a notice from each of three property owners objecting to the inclusion of their properties on the Heritage Register for the following addresses:

- 1767 Bayview Avenue

- 1773 Bayview Avenue

- 73 Niagara Street

On December 18, 2024, City Council adopted Item 2024.NY19.12 which included a grouping of similar and related properties at 1747, 1751, 1759, 1763, 1767, 1771, 1773, and 1775 Bayview Avenue on the City's Heritage Register. Located on the east side of Bayview Avenue between Eglinton Avenue East and Parkhurst Boulevard, in the Leaside-Bennington neighbourhood, the properties at 1767 and 1773 Bayview Avenue contain two-storey, residential apartment buildings constructed in the mid-1930s.

On December 17-18, 2019, City Council adopted Item 2019.TE11.10 which included the properties at 55-73 and 79-87 Niagara Street on the City's Heritage Register. Located in the South Niagara District neighbourhood on the south side of Niagara Street between Tecumseth Street and Bathurst Street, the property at 73 Niagara Street contains a two-storey, Victorian-era brick row house.

Chapter 103 of the Toronto Municipal Code sets out the process for Council consideration of objections to properties included on the Heritage Register. City Council must be made aware of such objections on a routine basis so that they may consider the matter and render a final decision. Once Council has decided on the objection, the OHA requires that the owner of the property must be notified of Council's decision within 90 days. Council's decision on objections to listing is final and is not subject to appeal.

Following a review of the objections to listing submitted for 1767 and 1773 Bayview Avenue and 73 Niagara Street, staff are of the opinion that the subject properties hold cultural heritage value. Staff recommend that Council continue to include these properties on the Heritage Register.