Because of the railway turntable, the Ministry of Tourism, Culture and Sport (MTCS) considers the property as an archaeological site, and subject to Part VI, Section 48 (1) of the Ontario Heritage Act, which requires that no person knowing of an archaeological site may alter the site. Since the railway turntable situates within part of the building footprint and spans beyond the building footprint into other proposed development areas, MTCS has required that short term and long term protection measures be provided for the railway turntable. MTCS provided City staff with a list of long-term protection tools for the turntable to assist in the management of this archaeological resource. The tools include the registration of the turntable as an archaeological site, designating the real property including the turntable under section 29 of the Ontario Heritage Act, and protecting the turntable through a Heritage Conservation Easement.

As the approval authority, the City of Windsor has to review development applications and be consistent with the Provincial Policy Statement, which states:

“2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved

2.6.2 Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved.

2.6.3 Planning authorities shall not permit development and site alteration on adjacent lands to protected heritage property except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. ”

In the City of Windsor, all properties that have a heritage conservation easement registered on titled have also been designated as a heritage property by Council. The attached Appendix B (Summary of Heritage Conservation Easements in the City of Windsor) is provided to as a reference and to demonstrate the implementation of this best practise measure which is: to designate all properties that have been subject of a heritage conservation agreement.

To be consistent with the Provincial Policy Statement, City staff is recommending a heritage designation and the heritage conservation easement (subject of a previous separate heritage report S177/2019) on the property. The use of the Ontario Heritage Act tools of Heritage Conservation Easement and individual property Heritage Designation will allow the Walker Power Building and its archaeological resources to be conserved and protected. In particular, the list of heritage attributes in the proposed heritage designation which includes building features, would provide the building with more heritage recognition, increased protection, and ensure its preservation for the future.

Discussion: Legal provisions:

Part IV, Section 29 of the Ontario Heritage Act provides for Council to designate a property of cultural heritage value or interest by by-law, where criteria for determining whether the property is of cultural heritage value or interest have been prescribed by