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[37] Bill 173 Original (PDF)

Bill 173 2002

An Act to preserve
and protect the sightlines
of St. James' Cathedral

Preamble

St. James' Cathedral sits on land set aside for a church in 1797, four years after the Town of York was founded. Between 1803 and 1807, the first church in the Town of York was built on this site.

In 1820, a Crown patent was issued for the land on which St. James' Cathedral now sits, with the patent stating that the land is, "upon trust to and for the sole use and benefit of the parishioners and inhabitants of the said Town of York, forever as a Churchyard and Burying Ground for the inhabitants of the said Town of York and as appurtenant to the church there build thereon".

The current cathedral was opened in 1849. The copper spire of St. James' Cathedral is 93 metres tall and is the tallest church spire in Canada and the second tallest in North America. This delicately designed spire once served as a navigational aid for ships on Lake Ontario.

In 1958, the City of Toronto expanded St. James' original site by clearing the neighbouring area to create St. James' Park. The buildings within the precinct surrounding the Cathedral are generally of a low scale, maintaining the sightlines of this significant historic site.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Issuing permit prohibited

1. (1) The City of Toronto shall not issue a building permit for the construction of any building within, bordering or in proximity to the precinct surrounding St. James' Cathedral for any building whose height would block or would seriously interfere with the sightlines of the Cathedral.

Conflicts

(2) If there is a conflict between this Act and any legislation or by-law affected by this Act, this Act prevails.

Definition

(3) In this Act,

"precinct" means the area in the City of Toronto bounded by King St. East, Adelaide Street, Church Street and Jarvis Street.

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

3. The short title of this Act is the St. James' Cathedral Sightlines Protection Act, 2002.

EXPLANATORY NOTE

The Bill prohibits the City of Toronto from issuing a building permit for any building within or bordering the precinct of St. James' Cathedral if the building would block or interfere with the sightlines of the Cathedral.