Markham uses Heritage Easement Agreements to further protect heritage resources.
Under the Ontario Heritage Act, a municipality can pass a by-law entering into an heritage easement (legal agreement) with a heritage property owner. The agreement sets out the requirements for maintaining the property or a specific heritage feature as well as requires the property to be properly insured. The agreement is registered on title to the property and is binding on future property owners.
An information brochure on Heritage Easements is available as is Markham Council’s policy on when a heritage easement may be requested from a property owner. For example, to protect its investment of public money, Markham has required a heritage easement agreement as a condition of funding for some financial assistance programs as well as a requirement of certain development approvals.