Public Notice

IN THE MATTER OF THE ONTARIO HERITAGE ACT

R.S.O. 1990, CHAPTER O.18 AND

CITY OF TORONTO, PROVINCE OF ONTARIO

KENSINGTON MARKET HERITAGE CONSERVATION DISTRICT

REVISED NOTICE OF ADOPTION OF BY-LAW 94-2025

TAKE NOTICE that on February 5, 2025, Toronto City Council enacted By-law 94-2025, which designates the Kensington Market Heritage Conservation District (area shown on attached map) under Part V of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended. The By-law also adopts the Kensington Market Heritage Conservation District Plan, dated January 2025 and containing a technical correction to Appendix F since the date of Council consideration, as the district plan for the Kensington Market Heritage Conservation District.

IF YOU WISH TO APPEAL TO THE ONTARIO LAND TRIBUNAL:

Any person who objects to the By-law may appeal to the Ontario Land Tribunal by filing a notice of appeal with the Registrar Secretariat, City Clerk's Office, Toronto City Hall, 2nd Floor West, 100 Queen Street West, Toronto, Ontario, M5H 2N2.; Email: RegistrarCCO@toronto.ca no later than April 7, 2025.

A Notice of Appeal must:

1. set out the reasons for the objection to the by-law;
2. set out the reasons in support of the objection to the by-law; and
3. set out the reasons in support of the objection to the by-law; and be accompanied by the fee prescribed under the Ontario Land Tribunal Act, 2021, in the amount of $1100.00 for each appeal payable by certified cheque or money order to the Minister of Finance, Province of Ontario.

If you wish to appeal to the Ontario Land Tribunal (OLT) or request a fee reduction for an appeal, forms are available from the Ontario Land Tribunal website at https://olt.gov.on.ca.

The By-law will come into force on April 8, 2025, if no notice of appeal is received on or before April 7, 2025.

Who Can File An Appeal:

Only individuals, corporations or public bodies may appeal the decision of Toronto City Council to the Ontario Land Tribunal.  A notice of appeal may not be filed by an unincorporated association or group.  However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf.

No person or public body may be added as a party to the hearing of the appeal or appeal the heritage conservation district or district plan unless, before the district was designated and the district plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the Council.

Getting additional information

Additional information is included in the Explanatory Note on the following page.

A copy of the by-law and background information about the application is available for public inspection by contacting Heritage Planning staff at heritageplanning@toronto.ca.

Further information in respect of the by-law is available from the City of Toronto at:

https://secure.toronto.ca/council/agenda-item.do?item=2025.TE19.14.

Explanatory note

District Designation By-Law

On February 5, 2025, Toronto City Council adopted By-law 94-2025 which designated the area shown on the map attached to this note as the Kensington Market Heritage Conservation District (the District) under Part V of the Ontario Heritage Act (the Act). The By-law also adopts the Heritage Conservation District Plan, dated January 2025.

Alterations to Property

The purpose of By-law 94-2025 is to maintain the heritage character of the Kensington Market Heritage Conservation District. This is accomplished by requiring certain alterations to buildings within the District to conform to District Objectives, Policies and Guidelines which are included in the District Plan. Typically, these alterations only relate to portions of the property that are visible from the public realm. For example, no heritage permit is required for exterior work that is not visible from the public realm, interior work, painting, and repairs using the same materials. If the proposal conforms to the District Objectives, Policies and Guidelines it can be approved by staff. Applications that do not conform to the District Objectives, Policies and Guidelines will be referred to City Council for consideration.

Demolition and Infill Development

Under By-law 94-2025, owners of property are required to apply for a heritage permit before demolishing any building in the District. Demolition applications are referred to City Council for consideration. If City Council refuses the permit, the applicant may appeal to the Ontario Land Tribunal. New (infill) construction must contribute to the heritage character of the District, as per the District Plan.

Internet resources

A copy of the District Plan, Volume 1, which includes the District Objectives, Policies and Guidelines, and Appendices A-B.

Links: https://www.toronto.ca/wp-content/uploads/2025/03/9696-city-planning-kensington-market-hcd-vol-1.pdf

A copy of the District Plan, Volume 2, which includes Appendices C-F (including a technical correction to Appendix F).

Link: https://www.toronto.ca/wp-content/uploads/2025/03/96c1-city-planning-kensington-market-hcd-vol-2.pdf

Additional Information

Background Information

Notice of Adoption of By-law 94-2025 – Kensington Market Heritage Conservation District

https://www.toronto.ca/legdocs/bylaws/2025/law0094.pdf

References

Designation of the Kensington Market Heritage Conservation District Plan under Part V of the Ontario Heritage Act
https://secure.toronto.ca/council/agenda-item.do?item=2025.TE19.14

District Plan, which includes the District Objectives, Policies and Guidelines:

https://www.toronto.ca/wp-content/uploads/2025/03/9696-city-planning-kensington-market-hcd-vol-1.pdf  

https://www.toronto.ca/wp-content/uploads/2025/03/96c1-city-planning-kensington-market-hcd-vol-2.pdf