Quebec is home to a rich blend of cultural landmarks and historical properties that form an integral part of our province’s and country’s heritage. In an effort to preserve these cultural assets for future generations, the Quebec government enacted Bill 82, the Cultural Heritage Act, in 2011. Ten years later, in 2021, it strengthened the law by passing Bill 69 to amend the Cultural Heritage Act. This legislation aims to protect and maintain the integrity of Quebec's cultural heritage, which includes buildings, landscapes, and other historical sites. 

Under Bill 69, all Quebec municipalities must create an inventory of buildings within their jurisdictions built prior to 1940, which must be completed by April 1, 2026. Once that inventory has been created, each municipality must engage its own consultancy to conduct an audit to determine which, if any, of those buildings are of cultural significance. The implications of this legislation extend far beyond the preservation of older homes. It will likely affect consumer demand by introducing new challenges and hurdles for buyers and sellers alike, impacting oversight responsibilities, and influencing community sentiments regarding conservation efforts.

Consumer Demand for Heritage Properties

Traditionally, heritage properties in Quebec have attracted a niche market of buyers who are interested in owning a piece of history. A client of ours who owns a designated cultural heritage property in Pointe-Claire once told us: “I don’t ever feel like I actually own this property. It’s more like I have the privilege of looking after it for a while, and eventually I’ll pass it on to its next custodian.” We always admired his perspective, and gained a better understanding of how owners may perceive these unique properties. Many historic buildings in this province were built in highly-sought-after locations, like waterfronts or hilltops on what used to be sizable acreages with impressive views. With the enactment of Bill 69, there could potentially be a shift in demand for such properties. On one hand, the act of preserving these structures could enhance their value and appeal to those who value historical significance and architectural uniqueness. On the other, the potential restrictions and obligations placed on renovating and maintaining these homes could deter some buyers who are leery of higher costs and bureaucracy.

New Challenges and Costs for Homeowners

Owners of properties newly designated under Bill 69 will indeed face new challenges. Firstly, there may be additional expenses associated with maintaining a heritage property and meeting the specific standards set by the act. Secondly, when it comes time to sell, the pool of potential buyers might shrink, as the property can no longer be demolished or even significantly altered. This could drastically limit the property's versatility and adaptability for new uses, potentially lengthening the time it takes to find a buyer.

Oversight and Enforcement

The oversight and enforcement of Bill 69's provisions will significantly impact its effectiveness. Responsibility for the act's administration will fall on a combination of provincial heritage organizations and municipal governments. Considering the overwhelming number of properties that will need to be audited, it appears to us as though most of the burden will fall upon the individual municipalities to organize and classify their inventory. Some municipalities may have only a handful of such properties, whereas others may have thousands. Both the municipal and provincial authorities will need to work in close cooperation to ensure that heritage properties are properly identified, preserved, and maintained.

Community Sentiment

Community reactions to the amended Cultural Heritage Act are expected to be mixed. Many will welcome the preservation of Quebec's cultural landmarks, viewing them as essential to maintaining the province's unique identity and promoting community pride. However, others may view the new rules as an impediment to development and modernization, especially in areas where there is a pressing need for new housing or commercial spaces. 

Justification and Impact on the Canadian Housing Crisis

The justification behind Bill 69 rests on the principle that cultural heritage properties are irreplaceable assets that contribute to Quebec’s identity. Preserving these properties offers cultural, educational, and even economic benefits, attracting tourism and supporting local businesses. However, the impact on the current housing crisis remains a point of contention. Critics argue that the act could exacerbate housing shortages by restricting the development of new units in areas rich in heritage properties. Proponents, meanwhile, argue that sustainable development can be achieved by integrating heritage conservation into broader urban planning strategies.

At TEAM BROADY, whether you're interested in buying an older property or a newer home, we will always help you weigh the pros and cons to make the best decision. Please consider us for your next real estate endeavour. We can be reached at 514-613-2988 or by email at info@teambroady.ca.