Law takes control of historic churches out of congregations’ hands

OTTAWA, ON - The Ontario government is introducing new guidelines on balancing the power that cities have over historically significant churches with the needs of those churches' congregations.

In 2005, the Ontario Heritage Act strengthened the role municipalities have in declaring churches to be heritage properties. This in turn limits the ability of congregations to decide how to use, amend or adapt their church buildings.

The new guidelines, which are expected to be published online this summer, are intended to “help improve the management of heritage places of worship across Ontario" says Denelle Balfour, media relations officer for the Ministry of Tourism and Culture.

“It will also help ensure these properties continue to be community landmarks and centres of spirituality," she says.

The draft guide was developed by Ontario Heritage Trust, in consultation with faith communities, municipalities and provincial heritage organizations.

Balfour says the new guide “represents the consensus of the working group and addresses challenges unique to the conservation of heritage places of worship."

Faye Sonier, legal counsel for the Evangelical Fellowship of Canada (EFC) calls the guidelines “a good first step," and praised the institution of a 30-day consultation period before a property is declared a heritage site.

However, she still has serious concerns that the act takes autonomy over historic church buildings out of the hands of congregations and hands it over to local governments.

“I'd really like to see recognition in the act of the balance between the government's interest in maintaining sometimes very beautiful places of worship as heritage places, and the interest of religious groups who want to exercise their religious freedom to worship and serve the community," Sonier says.

“Because right now municipalities basically have the power to neutralize a religious property, without having any legal or statutory requirements to consider the impact of their decision on the religious freedom of the faith group."

EFC made a submission while the guidelines were open for public consultation this spring, pushing for greater acknowledgement of congregations' freedom of religion. She adds that in a worst case scenario, churches could be prevented from renovating or selling their properties, while being forced to divert church funds to preserve them.

“Vibrant congregations can be forced to take money away from other vital functions," Sonier says, “whether that is supporting the disadvantaged, hosting AA and similar groups or running activities for children and youth (e.g. Scouts and Guides) - in order to meet heritage requirements."

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