ARTICLE II - Heritage Toronto
[Adopted 1999-11-25 by By-law No. 794-19995]

§ 103-4. Definitions.

As used in this article, the following terms shall have the meanings indicated:

DESIGNATED FUNDS — Funds designated by a donor for a specific purpose.6[Added 2004-10-28 by By-law No. 885-2004]

GENERAL MANAGER — The City’s General Manager of Economic Development and Culture. [Added 2005-05-19 by By-law No. 441-2005]

HERITAGE TORONTO — The Toronto Historical Board.

MEMBER — A person appointed to the Board by Council. [Added 2004-10-28 by By-law No. 885-2004]

MUSEUM BOARD — The Toronto Historical Museum Board.

MUSEUM MANAGEMENT BOARD — A community museum management board established under clause (e) of paragraph 58 of section 207 of the Municipal Act.7

TORONTO PRESERVATION BOARD — The Toronto Municipal Heritage Committee and its Community Preservation Panels. [Amended 2004-10-28 by Bylaw No. 885-2004]

UNDESIGNATED FUNDS — Operating funds allocated through the City’s budget process or donated by members of the public for a non-specific purpose to be used for the general operations of Heritage Toronto. [Added 2004-10-28 by By-law No. 885-2004]

§ 103-5. Name of Board.

The Toronto Historical Board shall be known as “Heritage Toronto” as continued under section 72 of the City of Toronto Act, 1997 (No. 2).8

§ 103-6. Responsibilities.
Heritage Toronto shall be a local board and a body corporate having the following responsibilities:

A. Provide advice from a community perspective to the City, civic organizations and members of the public regarding heritage issues. [Amended 2004-10-28 by By-law No. 885-2004]

B. Promote and educate the public regarding heritage issues. [Amended 2004-10-28 by By-law No. 885-2004]

C. Organize and carry out fundraising drives in consultation with and on behalf of the Museum Board, the Museum Management Boards, the Toronto Preservation Panels, and the Toronto Preservation Board for the purposes of heritage research, education and the delivery of community-based heritage product and services. [Amended 2004-10-28 by By-law No. 885-2004]

D. Ensure that any privately donated funds received are applied to the specific purpose designated by the donor.

E. Establish and manage publicity and public programs, including awards programs, respecting city-wide heritage issues and to otherwise promote public awareness of the City’s heritage.

F. Serve as a liaison with the heritage community and promote public awareness of the City’s heritage resources. [Amended 2004-10-28 by By-law No. 885-2004]

G. Serve as a focal point for volunteer sector groups.

H. Assist and advise in the development of the Heritage Master Plan.

I. Carry out such other duties relating to the City’s history and development as the Council may assign.

103-7. Membership; term; reappointment; vacancies; removal.
[Amended 2000-10-05 by By-law No. 869-2000; 2004-10-28 by By-law No. 885-2004]

A. Heritage Toronto shall be composed of up to 27 members, who shall be appointed by City Council and nominated as follows:

(1) Two members nominated by each community council from the Museum Board, the Preservation Panels or interested citizens.

(2) One member nominated by the Toronto Historical Association.
(3) One member nominated by the Aboriginal community.

(4) Two members of City Council.

(5) Fifteen citizen members.

B. The persons appointed as members of Heritage Toronto shall hold office for a term consistent with the City’s “Policy on Citizen Appointments to City of Toronto Agencies, Boards and Commissions and External Special-Purpose Bodies.”

C. Members shall be eligible for reappointment.

D. In the case of a vacancy for any cause, the member appointed to fill the vacancy shall hold office for the balance of the term of the member whose place is vacant.

E. A member shall cease to be a member of Heritage Toronto if absent from three successive meetings of the Board without being authorized to do so by a resolution of Heritage Toronto entered upon its minutes.

§ 103-8. Remuneration.

The members of Heritage Toronto shall serve without remuneration.

§ 103-9. Open meetings; quorum.

A. All ordinary meetings of Heritage Toronto shall be open, and no person shall be excluded from a meeting except for improper conduct.

B. A quorum shall consist of a simple majority of the members, excluding City Councillors who are members.

§ 103-10. Minutes; records.

Heritage Toronto shall keep minutes of its meetings and shall keep all papers and documents pertaining to the business of the Board, and all books, documents and files kept by Heritage Toronto shall be open to the inspection of the members of Council or of any other person or persons appointed for that purpose by Council.

§ 103-11. Officers; committees.
[Amended 2004-10-28 by By-law No. 885-2004]

A. Heritage Toronto shall, as soon as possible after the first meeting in each term, elect a Chair and other officers as determined by the Board.

B. Heritage Toronto may establish committees to enlist public support for the work of Heritage Toronto.

§ 103-12. Frequency of meetings.
[Amended 2000-10-05 by By-law No. 869-2000; 2004-10-28 by By-law No. 885-2004]

The Board shall meet at least six times in every calendar year and at any other time at the request of the Chair or a majority of the Board members.

§ 103-13. Budget; annual report.
[Amended 2002-11-28 by By-law No. 1076-2002; 2004-10-28 by By-law No. 885-2004]

A. Heritage Toronto shall submit an annual budget of its estimated revenues and expenditures in a form satisfactory to the Deputy City Manager and Chief Financial Officer, and, when money is provided by Council, the Deputy City Manager and Chief Financial Officer shall pay out the money as Heritage Toronto may from time to time require. [Amended 2005-05-19 by By-law No. 441-2005]

B. Immediately after the end of each year, Heritage Toronto shall submit its annual report to Council through the Economic Development and Parks Committee, including a complete audited and certified financial statement of its affairs, with a revenue and expense account, balance sheet and profit and loss statement, including private donations and the terms upon which any private donations were given during the preceding year.

C. Quarterly variance reports shall be submitted to the City to explain any deviations from the approved budget.

D. The City’s external auditor shall be the Auditor of Heritage Toronto, and all books, documents, transactions, minutes and accounts of Heritage Toronto shall at all times be open to his or her inspection.

E. The cost of the audit shall be borne by Heritage Toronto.

F. A copy of the audited statements shall be forwarded to the Audit Committee, the Deputy City Manager and Chief Financial Officer, the Auditor General and the General Manager. [Amended 2005-05-19 by By-law No. 441-2005]

G. Any designated funds shall be used by Heritage Toronto for the purpose specified by the donor.

H. Heritage Toronto shall manage its operations within available financial resources and shall not incur a deficit on designated funds.

I. In the event that Heritage Toronto incurs a deficit on undesignated funds, Council may require Heritage Toronto to adjust its operating budget, programs and activities to ensure that revenues and expenditures are financially sustainable.

J. The City shall be responsible for the net operating deficits of Heritage Toronto.

K. Heritage Toronto shall pay all net revenue from undesignated funds to the City.

L. Any funds that are not designated shall be deemed to be undesignated funds.

§ 103-14. Legal obligations; management of property.

A. Heritage Toronto shall not at any time act in a manner that is contrary to or inconsistent with any legal obligation of the City.

B. Heritage Toronto shall not accept any donations of real property without the prior approval of Council which shall include the approval of the use and disposition of the property. [Amended 2004-10-28 by By-law No. 885-2004]

C. The net proceeds of any real property transaction shall be retained by Heritage Toronto. [Added 2004-10-28 by By-law No. 885-2004]

§ 103-15. Conflicting provisions; conflicts of interest.

A. To the extent of any conflict between this article and any by-laws of the former municipalities, this article prevails.

B. To the extent of any conflict between this article and Article III, Preservation Board; Community Local Architectural Conservation Advisory Committee Panels, and Article I, Museum Boards; Community Museum Management Boards, the latter two articles prevail.

C. No member of Heritage Toronto nor any member of Council shall have any contract with Heritage Toronto or be monetarily interested, directly or indirectly, in any contract or work relating to the operations or functions of the Board.

Footnotes:
5 -Editor’s Note: This by-law was passed under the authority of section 72 of the City of Toronto Act, 1997 (No. 2), S.O. 1997, c. 26.

6 - Editor’s Note: The definition of “Commissioner,” which previously preceded this definition, was repealed 2005-05-19 by Bylaw No. 441-2005.

7 Editor’s Note: See R.S.O. 1990, c. M.45.

8 Editor’s Note: See S.O. 1997, c. 26.