Building Code Act, 1992

Bills that amended this Act0

No published amendment links yet for this Act.

Sections218

• [s0]

  Interpretation

• 1Definitions

  1 (1) In this Act, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definitions: (See: 2020, c. 16, Sched. 1, s. 1 (1)) “administrative agreement” means the agreement described in subsection 30.3 (1); (“accord d’application”) “administrative authority” means the corporation designated by regulation under clause 30.1 (1) (a); (“organisme d’application”) “building” means, (a) a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto, (b) a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto, (c) plumbing not located in a structure, (c.1) a sewage syste…

• 1.
• 1.1Role of various persons

  1.1 (1) It is the role of every person who causes a building to be constructed, (a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building; (b) to ensure that construction does not proceed unless any permit required under this Act has been issued by the chief building official; and (c) to ensure that construction is carried out only by persons with the qualifications and insurance, if any, required by this Act and the building code. 2002, c. 9, s. 3. Role of designers (2) It is the role of a designer, (a) if the designer’s designs are to be submitted in support of an application for a permit under this Act, to provide designs which are in accordance with this Act and the building code and to provide documentation that is sufficiently detailed to permit the design to be assessed for compliance wi…

• [s3]

  Enforcement Authorities

• 2Administration

  2 (1) The Minister is responsible for the administration of this Act. 1992, c. 23, s. 2 (1). Director (2) There shall be a director of the Building and Development Branch of the Ministry of Municipal Affairs and Housing who is appointed by the Lieutenant Governor in Council for the purposes of this Act. 2002, c. 9, s. 5. Acting director (3) The director may designate in writing a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry of Municipal Affairs and Housing to exercise the powers and perform the duties of the director in his or her absence or if he or she is unable to act. 2009, c. 33, Sched. 21, s. 2 (1). Delegation (4) The director may delegate in writing any of his or her powers or duties to one or more public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry of Municipal A…

• 2.
• 3Enforcement by municipalities

  3 (1) The council of each municipality is responsible for the enforcement of this Act in the municipality, except where otherwise provided by this Act. 2002, c. 9, s. 6 (1). Chief building official, inspectors (2) The council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of this Act in the areas in which the municipality has jurisdiction. 1992, c. 23, s. 3 (2). (2.1) Repealed: 2002, c. 9, s. 6 (2). Joint enforcement (3) The councils of two or more municipalities may enter into an agreement, (a) providing for the joint enforcement of this Act within their respective municipalities; (b) providing for the sharing of costs incurred in the enforcement of this Act within their respective municipalities; and (c) providing for the appointment of a chief building official and inspectors. 1992, c. 23, s. 3 (3). Joint jurisdict…

• 3.
• 3.1Enforcement, boards of health

  3.1 (1) A board of health, a planning board or a conservation authority prescribed in the building code is responsible for the enforcement of the provisions of this Act and the building code related to sewage systems in the municipalities and territory without municipal organization prescribed in the building code. 1997, c. 30, Sched. B, s. 3; 1999, c. 12, Sched. M, s. 2 (1). Inspectors (2) The board of health, planning board or conservation authority shall appoint such sewage system inspectors as are necessary for the enforcement of this Act in the areas in which the board of health, planning board or conservation authority has jurisdiction under subsection (1). 1997, c. 30, Sched. B, s. 3; 1999, c. 12, Sched. M, s. 2 (2). Powers (3) A sewage system inspector appointed under this section in an area of jurisdiction or, if there is more than one inspector in the area of jurisdiction, the …

• 4Provincial enforcement

  4 (1) Subject to section 3.1, Ontario is responsible for the enforcement of this Act in a territory without municipal organization. 1992, c. 23, s. 4 (1); 1997, c. 30, Sched. B, s. 4. Agreements (2) The council of a municipality and the Crown in right of Ontario represented by the Minister may enter into an agreement providing for the enforcement of this Act in the municipality by Ontario subject to such payment in respect of costs as is set out in the agreement. 1992, c. 23, s. 4 (2). Idem (3) If an agreement under subsection (2) is in effect, Ontario has jurisdiction for the enforcement of this Act in the municipality. 1992, c. 23, s. 4 (3). Inspectors (4) The Deputy Minister of Municipal Affairs and Housing shall appoint inspectors necessary for the enforcement of this Act in the areas in which Ontario has jurisdiction. 2023, c. 10, Sched. 1, s. 1. Chief building official (5) The dire…

• 4.
• 4.1Enforcement by registered code agency appointed by a principal authority

  4.1 (1) Subject to this Act and the building code, a principal authority may enter into agreements with registered code agencies authorizing the agency to perform the functions specified in the agreement in respect of the construction of any building or class of building specified in the agreement. 2002, c. 9, s. 8. Appointment (2) After entering into the agreement with the registered code agency, the principal authority may appoint the agency to perform specified functions in respect of the construction of a building or class of buildings. 2002, c. 9, s. 8. Delegation of power to appoint (3) The principal authority may delegate, in writing, to the chief building official the authority to make appointments described in subsection (2), and may impose conditions or restrictions with respect to the delegation. 2002, c. 9, s. 8; 2020, c. 18, Sched. 1, s. 1. Same (4) Unless otherwise provided…

• 4.2Enforcement by registered code agency appointed by an applicant

  4.2 (1) This section applies only if a principal authority authorizes it, by regulation, by-law or resolution, as the case may be, to apply within the jurisdiction of the principal authority. 2002, c. 9, s. 8. Appointment (2) Subject to this Act and the building code, a prescribed person who is entitled to apply for a permit under section 8 of this Act may appoint a registered code agency to perform all of the functions described in section 15.15 in respect of the construction of a building. 2002, c. 9, s. 8. Exception (3) Subsection (2) does not apply, (a) if a registered code agency has been appointed by a principal authority to perform any function in respect of the construction; or (b) if an inspector has begun to perform any function in respect of the construction. 2002, c. 9, s. 8. Manner of appointment (4) The appointment must be made in writing in the prescribed manner and is sub…

• 5Agreements re enforcement

  5 (1) The council of a municipality and the Crown in right of Ontario represented by the Minister may enter into an agreement providing for the enforcement of this Act by the municipality in such part of the territory without municipal organization and subject to such payment in respect of costs as is set out in the agreement. 1992, c. 23, s. 5 (1); 2017, c. 34, Sched. 2, s. 3. Area of municipal jurisdiction (2) The municipality has jurisdiction for the enforcement of this Act in the area designated in the agreement. 1992, c. 23, s. 5 (2). Application (3) An agreement under this section may apply to the enforcement of all or any part of this Act or the building code. 1997, c. 30, Sched. B, s. 5. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 5 - 06/04/1998 2017, c. 34, Sched. 2, s. 3 - 14/12/2017

• 5.
• 6Agreement re review of plans

  6 (1) Two or more principal authorities may enter into an agreement providing for, (a) the review by a principal authority for compliance with the building code of plans and specifications for the construction of a building within its area of jurisdiction; (b) an expedited review by another principal authority for compliance with the building code of plans and specifications for the construction of substantially similar buildings; (c) the allocation of responsibility for reviews for compliance with the building code of plans and specifications for the construction of buildings; (d) the resolution of disagreements about whether plans and specifications comply with the building code; (e) indemnification; and (f) such other matters as may be necessary to give effect to the agreement. 2002, c. 9, s. 9. Delegation (2) A principal authority may delegate to the chief building official the autho…

• 6.
• 6. #12
• 6.1Agreement re plumbing

  6.1 (1) Despite any other provision of this Act, the council of an upper-tier municipality and of one or more municipalities in the upper-tier municipality may enter into an agreement for the enforcement by the upper-tier municipality of the provisions of this Act and the building code related to plumbing in the municipalities and for charging the municipalities the whole or part of the cost. 2002, c. 17, Sched. C, s. 3 (1). Delegation to health unit (2) If an agreement under subsection (1) is in effect, the council of an upper-tier municipality may by agreement delegate its powers under subsection (1) to a board of health having jurisdiction in the municipalities that are parties to the agreement. 2002, c. 9, s. 10; 2002, c. 17, Sched. C, s. 3 (2). Delegation by municipality (3) A municipality that is not a party to an agreement under subsection (1) may enter into an agreement with the …

• 6.2Agreement re sewage systems

  6.2 (1) Despite any other provision of this Act, the council of an upper-tier municipality and of one or more municipalities in the upper-tier municipality may enter into an agreement for the enforcement by the upper-tier municipality of the provisions of this Act and the building code related to sewage systems in the municipalities and for charging the municipalities the whole or part of the cost. 2002, c. 17, Sched. C, s. 3 (8). Delegation (2) A municipality that is not a party to an agreement under subsection (1) may enter into an agreement with a board of health or a conservation authority having jurisdiction in the municipality for the enforcement of the provisions of this Act and the building code related to sewage systems. 2002, c. 9, s. 10. Inspectors (3) The council of an upper-tier municipality, board of health or conservation authority may appoint sewage system inspectors for …

• 7By-laws, resolutions, regulations

  7 (1) The council of a municipality or of an upper-tier municipality that has entered into an agreement under subsection 3 (5) or a board of health prescribed for the purposes of section 3.1 may pass by-laws, a planning board prescribed for the purposes of section 3.1 may pass resolutions and a conservation authority prescribed for the purposes of section 3.1 or the Minister may make regulations, applicable to the matters for which and in the area in which the municipality, upper-tier municipality, board of health, planning board, conservation authority or the Province of Ontario, respectively, has jurisdiction for the enforcement of this Act, (a) prescribing classes of permits under this Act, including permits in respect of any stage of construction or demolition; (b) providing for applications for permits and requiring the applications to be accompanied by such plans, specifications, d…

• 7.
• 7.1Code of conduct

  7.1 (1) A principal authority shall establish and enforce a code of conduct for the chief building official and inspectors. 2002, c. 9, s. 12. Purposes (2) The following are the purposes of a code of conduct: 1. To promote appropriate standards of behaviour and enforcement actions by the chief building official and inspectors in the exercise of a power or the performance of a duty under this Act or the building code. 2. To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the chief building official and inspectors in the exercise of a power or the performance of a duty under this Act or the building code. 3. To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under this Act or the building code by the chief building official and inspectors. 2002, c. 9, s. 12. Contents (3) A …

• [s16]

  Construction and Demolition

• 7.1 #17
• 8Building permits

  8 (1) No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official. 1992, c. 23, s. 8 (1); 1997, c. 30, Sched. B, s. 7 (1). Application for permit (1.1) An application for a permit to construct or demolish a building may be made by a person specified by regulation and the prescribed form or the form approved by the Minister must be used and be accompanied by the documents and information specified by regulation. 2002, c. 9, s. 14 (1); 2006, c. 21, Sched. F, s. 104 (5). Issuance of permits (2) The chief building official shall issue a permit referred to in subsection (1) unless, (a) the proposed building, construction or demolition will contravene this Act, the building code or any other applicable law; (b) the applicant is a builder or vendor as defined in subsection 1 (1) of t…

• [s18]
• 9Repealed

  9 Repealed: 2009, c. 33, Sched. 21, s. 2 (4). Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 8 - 06/04/1998 2002, c. 9, s. 15 - 01/07/2005 1992, c. 23, s. 9 (5) - no effect - see 2009, c. 33, Sched. 21, s. 2 (4) - 01/07/2010 2009, c. 33, Sched. 21, s. 2 (4) - 01/07/2010

• 10Change of use

  10 (1) Even though no construction is proposed, no person shall change the use of a building or part of a building or permit the use to be changed if the change would result in an increase in hazard, as determined in accordance with the building code, unless a permit has been issued by the chief building official. 2002, c. 9, s. 16. Permit (2) The chief building official shall issue a permit under subsection (1), unless, (a) the building if used as proposed would result in a contravention of this Act or the building code or any other applicable law; (b) the application for it is incomplete; or (c) any fees due are unpaid. 1992, c. 23, s. 10 (2). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 16 - 01/09/2003

• 8.
• 10.1Prohibition re sewage systems

  10.1 No person shall operate or maintain a sewage system or permit a sewage system to be operated or maintained except in accordance with this Act and the building code. 1997, c. 30, Sched. B, s. 9. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 9 - 06/04/1998

• 9.
• 10.2Notice of readiness for inspection

  10.2 (1) At each stage of construction specified in the building code, the prescribed person shall notify the chief building official or the registered code agency, if any, that the construction is ready to be inspected. 2002, c. 9, s. 17. Inspection (2) After the notice is received, an inspector or the registered code agency, as the case may be, shall carry out the inspection required by the building code within the prescribed period. 2002, c. 9, s. 17. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 17 - 01/07/2005

• 9. #21
• 10.
• 11Occupancy or use after completion

  11 (1) Except as authorized by the building code, a person shall not occupy or use a building or part of a building that is newly erected or installed or permit it to be occupied or used until the requirements set out in this section are met. 2002, c. 9, s. 18. Notice of date of completion (2) Notice of the date of completion of the building or part must be given to the chief building official or the registered code agency, if any. 2002, c. 9, s. 18. Final certificate (3) If a registered code agency has been appointed for the building or part of the building by a principal authority to perform the functions described in clause 4.1 (4) (b) or (c) or has been appointed under section 4.2, a final certificate that contains the prescribed information must be issued. 2002, c. 9, s. 18. Inspection, etc. (4) If subsection (3) does not apply, (a) either the building or part must be inspected or 1…

• 12Inspection of buildings and building sites

  12 (1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting the building or site to determine whether or not the following are being complied with: 1. This Act. 2. The building code. 3. An order made under this Act. 2017, c. 34, Sched. 2, s. 6 (1) Order (2) An inspector who finds a contravention of this Act or the building code may make an order directing compliance with this Act or the building code and may require the order to be carried out immediately or within such time as is specified in the order. 1992, c. 23, s. 12 (2). Service (3) The order shall be served on the person whom the inspector believes is contravening this Act or the building code. 1992, c. 23, s. 12 (3). Form and contents (4) The prescribed form or the form approved by the Minister must be used for the order and it must contain sufficient informat…

• 13Order not to cover

  13 (1) An inspector may make an order prohibiting the covering or enclosing of any part of a building pending inspection. 1992, c. 23, s. 13 (1). Form of order (1.1) The prescribed form or the form approved by the Minister must be used for an order made under this section. 2002, c. 9, s. 20 (1); 2006, c. 21, Sched. F, s. 104 (7). Service (2) The order shall be served on the person to whom the permit is issued, if any, and on such other persons affected thereby as the inspector determines. 1992, c. 23, s. 13 (2). Posting and making information available (3) A copy of an order made under this section may be, (a) posted on the site of the construction or demolition in a location visible to the public; (b) made available to the public by, (i) posting the copy of the order on the website of the principal authority, or (ii) allowing members of the public, during normal business hours, to inspe…

• 11.
• 14Stop work order

  14 (1) If an order made under section 12 or 13 is not complied with within the time specified in it, or where no time is specified, within a reasonable time, the chief building official or registered code agency, as the case may be, may order that all or any part of the construction or demolition cease. 1992, c. 23, s. 14 (1); 2002, c. 9, s. 21 (1). Form of order (1.1) The prescribed form or the form approved by the Minister must be used for the order. 2002, c. 9, s. 21 (2); 2006, c. 21, Sched. F, s. 104 (8). Service (2) The order shall be served on such persons affected thereby as the chief building official or registered code agency determines and a copy shall be posted on the site of the construction or demolition in a location visible to the public. 1992, c. 23, s. 14 (2); 2002, c. 9, s. 21 (3); 2017, c. 34, Sched. 2, s. 8 (1). Timing (3) The order is effective from the time it is po…

• 11. #26
• 15Repealed

  15 Repealed: 2002, c. 9, s. 22. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1997, c. 24, s. 224 (7) - 17/06/1998; 1997, c. 30, Sched. B, s. 10 (1, 2) - 06/04/1998; 1999, c. 12, Sched. M, s. 6 (1, 2) - 22/12/1999 2002, c. 9, s. 22 - 01/07/2005; 2002, c. 17, Sched. F, Table - 01/01/2003

• [s27]

  Property Standards

• 12.
• 13.
• 15.1Municipal property standards

  15.1 (1) In sections 15.1 to 15.8 inclusive, “committee” means a property standards committee established under section 15.6; (“comité”) “occupant” means any person or persons over the age of 18 years in possession of the property; (“occupant”) “owner” includes, (a) the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person’s own account or as agent or trustee of any other person, or who would receive the rent if the land and premises were let, and (b) a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property; (“propriétaire”) “property” means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and …

• 14.
• 15.2Inspection of property without warrant

  15.2 (1) Where a by-law under section 15.1 is in effect, an officer may, upon producing proper identification, enter upon any property at any reasonable time without a warrant for the purpose of inspecting the property to determine, (a) whether the property conforms with the standards prescribed in the by-law; or (b) whether an order made under subsection (2) has been complied with. 1997, c. 24, s. 224 (8). Contents of order (2) An officer who finds that a property does not conform with any of the standards prescribed in a by-law passed under section 15.1 may make an order, (a) stating the municipal address or the legal description of the property; (b) giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition; (c) indicating the time for complying with the te…

• 15.
• 15.3Appeal of order

  15.3 (1) An owner or occupant who has been served with an order made under subsection 15.2 (2) and who is not satisfied with the terms or conditions of the order may appeal to the committee by sending a notice of appeal by registered mail to the secretary of the committee within 14 days after being served with the order. 1997, c. 24, s. 224 (8). Confirmation of order (2) An order that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed. 1997, c. 24, s. 224 (8). Duty of committee (3) The committee shall hear the appeal. 2002, c. 9, s. 24. Powers of committee (3.1) On an appeal, the committee has all the powers and functions of the officer who made the order and the committee may do any of the following things if, in the committee’s opinion, doing so would maintain the general intent and purpose of the by-law and of the official plan or policy stat…

• [s31]
• 15.4Power of municipality if order not complied with

  15.4 (1) If an order of an officer under section 15.2 (2) is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the committee or a judge, the municipality may cause the property to be repaired or demolished accordingly. 1997, c. 24, s. 224 (8). Warrantless entry (2) For the purpose of subsection (1), employees or agents of the municipality may enter the property at any reasonable time without a warrant in order to repair or demolish the property. 1997, c. 24, s. 224 (8). No liability (3) Despite subsection 31 (2), a municipal corporation or a person acting on its behalf is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under subsection (1). 1997, c. 24, s. 224 (8). Lien (4) The municipality shall have a lien on the land f…

• 15.4.1Administrative penalties

  15.4.1 (1) A municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with, (a) a by-law of the municipality passed under section 15.1; or (b) an order of an officer under subsection 15.2 (2) as deemed confirmed or as confirmed or modified by the committee or a judge under section 15.3. 2017, c. 34, Sched. 2, s. 10. Purpose of administrative penalties (2) The purpose of a system of administrative penalties established by a municipality under this section shall be to assist the municipality in promoting compliance with a by-law under section 15.1 or an order under subsection 15.2 (2). 2017, c. 34, Sched. 2, s. 10. Monetary limit (3) The amount of an administrative penalty established by a municipality, (a) shall not be punitive in nature; a…

• 15.4.2Debt

  15.4.2 (1) An administrative penalty imposed by a municipality on a person under section 15.4.1 constitutes a debt of the person to the municipality. 2017, c. 34, Sched. 2, s. 10. Amount owing added to tax roll (2) If an administrative penalty imposed under section 15.4.1 is not paid within 15 days after the day that it becomes due and payable, the treasurer of the municipality may add the administrative penalty to the tax roll for any property in the municipality for which all of the registered owners are responsible for paying the administrative penalty, and collect it in the same manner as municipal taxes. 2017, c. 34, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 2, s. 10 - 14/12/2017

• 15.5Certificate of compliance

  15.5 (1) An officer who, after inspecting a property, is of the opinion that the property is in compliance with the standards established in a by-law passed under section 15.1 may issue a certificate of compliance to the owner. 1997, c. 24, s. 224 (8). Request for certificate (2) An officer shall issue a certificate to an owner who requests one and who pays the fee set by the council of the municipality in which the property is located. 1997, c. 24, s. 224 (8). Fee for certificate (3) A council of a municipality may set a fee for the issuance of a certificate. 1997, c. 24, s. 224 (8). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (8) - 17/06/1998

• 15.6Property standards committee

  15.6 (1) A by-law passed under section 15.1 shall provide for the establishment of a committee composed of such persons, not fewer than three, as the council considers advisable to hold office for such term and on such conditions as the by-law may establish. 1997, c. 24, s. 224 (8). Filling of vacancies (2) The council of the municipality shall forthwith fill any vacancy that occurs in the membership of the committee. 1997, c. 24, s. 224 (8). Compensation (3) The members of the committee shall be paid such compensation as the council may provide. 1997, c. 24, s. 224 (8). Chair (4) The members shall elect a chair from among themselves; when the chair is absent through illness or otherwise, the committee may appoint another member as acting chair. 1997, c. 24, s. 224 (8). Quorum (5) A majority of the members constitutes a quorum for transacting the committee’s business. 1997, c. 24, s. 224…

• [s36]
• 15.7Emergency order re dangerous non-conformity with standards

  15.7 (1) If upon inspection of a property the officer is satisfied that there is non-conformity with the standards in a by-law passed under section 15.1 to such extent as to pose an immediate danger to the health or safety of any person, the officer may make an order containing particulars of the non-conformity and requiring remedial repairs or other work to be carried out immediately to terminate the danger. 1997, c. 24, s. 224 (8). Service (2) The order shall be served on the owner of the property and such other persons affected thereby as the officer determines and a copy shall be posted on the property. 1997, c. 24, s. 224 (8). Emergency powers (3) After making an order under subsection (1), the officer may, either before or after the order is served, take any measures necessary to terminate the danger and, for this purpose, the municipality may, through its employees and agents, at …

• 15.8Inspection powers of officer

  15.8 (1) For the purposes of an inspection under section 15.2, an officer may, (a) require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the property or any part thereof; (b) inspect and remove documents or things relevant to the property or part thereof for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to a property or part thereof; (d) be accompanied by a person who has special or expert knowledge in relation to a property or part thereof; (e) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection; and (f) order the owner of the property to take and supply at the owner’s expense such tests and samples as are specified in the order. …

• [s38]

  Unsafe Buildings

• [s39]
• 15.9Inspection of unsafe buildings

  15.9 (1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting a building to determine, (a) whether the building is unsafe; or (b) whether an order made under subsection (4) has been complied with. 2002, c. 9, s. 26. Interpretation (2) A building is unsafe if the building is, (a) structurally inadequate or faulty for the purpose for which it is used; or (b) in a condition that could be hazardous to the health or safety of persons in the normal use of the building, persons outside the building or persons whose access to the building has not been reasonably prevented. 2002, c. 9, s. 26. Sewage systems (3) In addition to the criteria set out in subsection (2), a sewage system is unsafe if it is not maintained or operated in accordance with this Act and the building code. 2002, c. 9, s. 26. Order (4) An inspector who finds …

• [s40]
• 15.10Emergency order where immediate danger

  15.10 (1) If upon inspection of a building an inspector is satisfied that the building poses an immediate danger to the health or safety of any person, the chief building official may make an order containing particulars of the dangerous conditions and requiring remedial repairs or other work to be carried out immediately to terminate the danger. 2002, c. 9, s. 26. Service (2) The order shall be served on the registered owner and each person apparently in possession of the building and such other persons affected thereby as the chief building official determines and a copy shall be posted on the site of the building in a location visible to the public. 2002, c. 9, s. 26; 2017, c. 34, Sched. 2, s. 13 (1). Making information available (2.1) A copy of an order made under subsection (1) may be, (a) made available to the public by, (i) posting the copy of the order on the website of the princ…

• [s41]

  Maintenance Inspection Programs

• 15.10.1Maintenance inspections

  15.10.1 (1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of conducting a maintenance inspection. 2006, c. 22, s. 112 (8). Order (2) An inspector who finds a contravention of this Act or the building code may make an order directing compliance with this Act or the building code and may require the order to be carried out immediately or within such time as is specified in the order. 2006, c. 22, s. 112 (8). Service (3) The order shall be served on the person whom the inspector believes is contravening this Act or the building code. 2006, c. 22, s. 112 (8). Form and contents (4) The prescribed form or the form approved by the Minister must be used for the order and it must contain sufficient information to specify the nature of the contravention and its location and the nature of the compliance that is required. 2006, c. 22, s.…

• [s43]

  Building Condition Evaluation Programs

• 15.10.2Application

  15.10.2 (1) This section applies in respect of buildings and parts of buildings that are prescribed as subject to a building condition evaluation program under the regulations made under clause 34 (2.3) (a). 2017, c. 34, Sched. 2, s. 15. Maintenance of buildings (2) A building owner shall maintain and operate a building or part of a building to which this section applies in accordance with this Act and the building code. 2017, c. 34, Sched. 2, s. 15. Evaluation (3) A building owner shall ensure that a building or part of a building to which this section applies is evaluated in accordance with this Act and the building code. 2017, c. 34, Sched. 2, s. 15. Building information (4) The building owner shall, in accordance with this Act and the building code, keep all prescribed documentation, records or other information respecting the building or part of the building to which this section ap…

• [s45]
• 15.10.3Inspection of buildings subject to program

  15.10.3 (1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of, (a) inspecting a building or part of a building that is prescribed as subject to a building condition evaluation program; (b) determining whether an order made under subsection (2) or clause (8) (a) has been complied with; or (c) conducting a building condition evaluation or causing a building condition evaluation to be conducted where the building owner has failed to ensure that an evaluation was conducted in accordance with the regulations. 2017, c. 34, Sched. 2, s. 15. Order (2) An inspector who, upon entering upon land or into buildings under subsection (1), finds a contravention of this Act or the building code may make an order directing compliance with this Act or the building code and may require the order to be carried out within such time as is specified …

• 15.10.4Request for information re buildings subject to program

  15.10.4 Upon receiving a request from a prescribed person, a principal authority shall, in accordance with this Act and the building code, provide prescribed documentation, records or other information respecting a building or part of a building prescribed as subject to a building condition evaluation program. 2017, c. 34, Sched. 2, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 2, s. 15 - 14/12/2017

• [s47]
• 15.10.5Complaints policy re program

  15.10.5 (1) A principal authority shall adopt and maintain a written policy with respect to, (a) how a person may submit a complaint to the principal authority respecting, (i) the maintenance, operation or evaluation of a building or part of a building prescribed as subject to a building condition evaluation program, and (ii) such other matters as may be prescribed respecting a building or a part of building mentioned in subclause (i); (b) the circumstances and manner in which the principal authority will respond to a complaint described in clause (a); and (c) how the principal authority will record complaints and other information described in subsection 15.10.6 (1). 2017, c. 34, Sched. 2, s. 15. Purposes (2) The following are the purposes of a complaints policy: 1. To inform persons about how information may be brought to the attention of a chief building official or inspector respecti…

• 15.10.6Record of complaints re program

  15.10.6 (1) A principal authority shall, in accordance with this Act and the building code, maintain a record of, (a) complaints described in clause 15.10.5 (1) (a) that are submitted to the principal authority; and (b) any enforcement action taken in response to the complaint or, if no enforcement action is taken, the reasons for not taking action. 2017, c. 34, Sched. 2, s. 15. Information about complaints (2) The principal authority shall provide prescribed information about complaints and enforcement described in subsection (1) in the circumstances and in the manner prescribed. 2017, c. 34, Sched. 2, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 2, s. 15 - 14/12/2017

• [s49]

  Qualifications

• 15.11Qualifications for various positions

  15.11 (1) A person is not eligible to be appointed as a chief building official unless he or she has the qualifications set out in the building code for the position. 2002, c. 9, s. 27. Same (2) Subsection (1) also applies to every inspector who has the same powers and duties as a chief building official in relation to sewage systems or to plumbing, to the extent of those powers and duties. 2002, c. 9, s. 27. Qualifications for inspectors (3) A person is not eligible to be appointed as an inspector under this Act unless he or she has the qualifications set out in the building code for the position. 2002, c. 9, s. 27. Qualifications for registered code agencies (4) A person is not eligible to be appointed as a registered code agency under this Act unless the person has the qualifications and meets the requirements set out in the building code. 2002, c. 9, s. 27; 2006, c. 19, Sched. O, s. …

• [s51]

  Qualifications and Registration

• 15.11 #52Chief building official

  15.11 (1) No person shall exercise the powers or perform the duties of a chief building official unless he or she has the qualifications set out in the building code for the position and is registered in accordance with the building code. 2017, c. 34, Sched. 2, s. 16 (3). Same (2) Subsection (1) also applies to every inspector who has the same powers and duties as a chief building official in relation to sewage systems or to plumbing, to the extent of those powers and duties. 2017, c. 34, Sched. 2, s. 16 (3). Inspectors (3) No person shall exercise the powers or perform the duties of an inspector under this Act unless he or she has the qualifications set out in the building code for the position and is registered in accordance with the building code. 2017, c. 34, Sched. 2, s. 16 (3). Registered code agencies (4) No person shall exercise the powers or perform the duties of a registered co…

• [s53]
• 15.12Qualifications re sewage systems

  15.12 (1) No person shall engage in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems unless the person has the qualifications set out in the building code and is registered in accordance with the building code. 2002, c. 9, s. 27; 2006, c. 19, Sched. O, s. 1 (8); 2017, c. 34, Sched. 2, s. 17 (1). Prohibition (2) No person shall represent, directly or indirectly, that the person has the qualifications or is registered as specified in this section if the person does not have those qualifications or is not registered as specified. 2017, c. 34, Sched. 2, s. 17 (2). Duty to notify the chief building official (3) If any part of the construction of a building will be undertaken by a person described in subsection (1) (a “specified person”), no person shall begin or continue the construction of a sewage system, or cause it to begin or con…

• 15.13Duty to have insurance

  15.13 (1) Every registered code agency, every person referred to in subsections 15.11 (5) and (6.1) and such other persons as may be specified in the building code who construct buildings are required to have the insurance coverage specified by the building code. 2002, c. 9, s. 27; 2006, c. 19, Sched. O, s. 1 (9). 2017, c. 34, Sched. 2, s. 18 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15.13 (1) of the Act is amended by striking out “subsections 15.11 (5) and (6.1)” and substituting “subsections 15.11 (5) and (7)”. (See: 2017, c. 34, Sched. 2, s. 18 (2)) Exception (2) Subsection (1) does not apply to a person who is a builder or vendor as defined in subsection 1 (1) of the New Home Construction Licensing Act, 2017 in respect of the construction of a building. 2017, c. 33, Sched. 1, s. 88 (2). Prohibition (3) No person shall represent, directly o…

• [s55]
• 15.13.1Administrative penalties re qualifications and registration

  15.13.1 If a person designated under paragraph 36 of subsection 34 (1) is satisfied that a person is contravening or not complying with or has contravened or failed to comply with any of the following, the designated person may, by order, impose an administrative penalty on the person in accordance with this section and the building code: 1. Section 15.11, 15.12 or 15.13. 2. A provision of the building code, as may be prescribed, related to the qualifications and registration of persons described in sections 15.11 and 15.12 and the requirement in section 15.13 for insurance coverage. 3. A condition of a registration or an order, direction or other requirement made under this Act or an obligation assumed by way of undertaking. 2017, c. 34, Sched. 2, s. 19. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 2, s. 19 - not in force

• [s56]

  Powers and Duties of Registered Code Agencies

• [s57]
• 15.14Notice to chief building official

  15.14 (1) Every registered code agency shall give the chief building official such information as may be prescribed by regulation. 2002, c. 9, s. 28. Notice to the director (2) Every registered code agency shall give the director such information as may be prescribed by regulation. 2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005

• 15.15Functions of registered code agencies

  15.15 The following are the functions that a registered code agency may be appointed to perform in respect of the construction of a building: 1. Review designs and other materials to determine whether the proposed construction of a building complies with the building code. 2. Issue plans review certificates. 3. Issue change certificates. 4. Inspect the construction of a building for which a permit has been issued under this Act. 5. Issue final certificates. 6. Perform such other functions as may be authorized under this Act or in the building code. 2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005

• 16. #58
• 15.16Scope of agency’s powers

  15.16 (1) A registered code agency may exercise the powers and perform the duties specified in this Act and the building code in respect only of the functions and the building specified in a particular appointment. 2002, c. 9, s. 28. Confidentiality (2) A registered code agency shall not collect, use or disclose information except in accordance with the building code. 2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005

• 16.
• 15.17Persons acting on behalf of an agency

  15.17 (1) A registered code agency may authorize, in writing, one or more prescribed persons to exercise powers and perform its functions under this Act, subject to such conditions as may be prescribed by regulation. 2002, c. 9, s. 28. Certificate of authorization (2) The registered code agency shall issue a certificate of authorization containing the prescribed information to the authorized person. 2002, c. 9, s. 28. Powers and duties of inspector (3) The authorized person may exercise the powers and perform the duties of an inspector under any of the following provisions, in respect of the construction of a building for which the agency is appointed under this Act: 1. Section 12 (inspection). 2. Section 13 (order not to cover). 3. Section 16 (entry to dwellings). 4. Section 18 (powers of inspector). 2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01…

• 17.
• 15.18Duties re certificates and orders

  15.18 (1) When a registered code agency makes an order under this Act, the agency shall give a copy of the order within the period prescribed by regulation to the chief building official. 2002, c. 9, s. 28. Certificates (2) A registered code agency shall issue such certificates and use such forms as may be required by the building code and shall include in them or provide such information as may be prescribed. 2002, c. 9, s. 28. Same (3) A certificate issued under this Act by a registered code agency must be in the prescribed form or the form approved by the Minister. 2002, c. 9, s. 28; 2006, c. 21, Sched. F, s. 104 (9). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005 2006, c. 21, Sched. F, s. 104 (9) - 25/07/2007

• 15.19Expiry of an agency’s appointment

  15.19 (1) The appointment of a registered code agency expires when the agency has performed the functions for which it was appointed in respect of construction of the specified building. 2002, c. 9, s. 28. Same, by virtue of circumstances (2) The appointment of a registered code agency that has not performed all of the functions for which it is appointed in respect of the construction expires if either of the following events occurs: 1. The chief building official refuses to issue a permit for construction of the specified building. 2. The permit for construction of the building is revoked. 2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005

• 18.
• [s63]
• 15.20Termination of an agency’s appointment

  15.20 (1) The appointment of a registered code agency shall not be terminated except in accordance with this section and the building code. 2002, c. 9, s. 28. Same (2) The building code may specify that the consent of the director to the termination of an appointment is required. 2002, c. 9, s. 28. Effect of termination, appointment by principal authority (3) If the registered code agency was appointed by a principal authority, upon the termination of the appointment the principal authority becomes responsible to ensure that the remaining functions of the agency are performed by the principal authority or another registered code agency. 2002, c. 9, s. 28. Same, appointment by applicant (4) If the registered code agency was appointed under section 4.2, upon the termination of the appointment the person who made the appointment becomes responsible to ensure that the remaining functions of …

• 15.21Order to suspend construction

  15.21 (1) The chief building official may, by order, suspend all or part of the construction of the building to which the appointment of a registered code agency relates, (a) if the chief building official has reason to believe that the registered code agency has ceased to perform the functions specified in the appointment; and (b) if the appointment of the registered code agency has not expired or been terminated. 2002, c. 9, s. 28. Same (2) If the appointment of a registered code agency under section 4.2 is terminated, the chief building official shall, by order, suspend the construction of the applicable building until, (a) another registered code agency is appointed to perform the remaining functions of the original registered code agency; or (b) the principal authority agrees, in writing, to perform the remaining functions of the original registered code agency. 2002, c. 9, s. 28. D…

• 19.
• [s65]
• 15.22Conflict between appointment and Act, etc.

  15.22 This Act and the building code prevail over the terms of an appointment of a registered code agency. 2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005

• 20.
• [s66]

  General Powers of Inspection and Enforcement

• 21.
• [s67]
• 15.23Duty to carry identification

  15.23 The chief building official, inspectors and persons authorized by a registered code agency to exercise powers and perform functions on its behalf shall carry their certificate of appointment or authorization, as the case may be, when performing their duties and shall produce them for inspection upon request. 2002, c. 9, s. 29. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 29 - 01/07/2005

• 16Entry to dwellings

  16 (1) Despite sections 8, 12, 15, 15.2, 15.4, 15.9, 15.10.1 and 15.10.3, an inspector or officer shall not enter or remain in any room or place actually being used as a dwelling unless, (a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and entry made only under the authority of a warrant issued under this Act; (a.1) a warrant issued under this Act is obtained; (b) the delay necessary to obtain a warrant or the consent of the occupier would result in an immediate danger to the health or safety of any person; (c) the entry is necessary to terminate a danger under subsection 15.7 (3) or 15.10 (3); or (d) the requirements of subsection (2) are met and the entry is necessary to remove a building or restore a site under subsection 8 (6), to remove an unsafe condition under clause 15.9 (6) (b) or to repair or demolish un…

• 22.
• 17Repealed

  17 Repealed: 2002, c. 9, s. 31 (2). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (12) - 17/06/1998; 1999, c. 12, Sched. M, s. 7 - 22/12/1999 2002, c. 9, s. 31 (1) - 01/09/2003; 2002, c. 9, s. 31 (2) - 01/07/2005; 2002, c. 17, Sched. F, Table - 01/01/2003

• 23.
• [s70]
• 17.1Recovery of expenditures for repairs, etc.

  17.1 (1) This section applies if money is spent by a board of health, planning board or conservation authority or, in the circumstances described in subsection (2), by the Crown or an upper-tier municipality or, in the circumstances described in subsection (4), by a municipality, (a) to carry out a removal and restoration under subsection 8 (6); (b) to carry out a renovation, repair, demolition or other action under clause 15.9 (6) (b) or 15.10.3 (8) (b); or (c) to perform remedial or other work under subsection 15.10 (1) where the amount spent is determined to be recoverable by a judge under subsection 15.10 (8). 1999, c. 12, Sched. M, s. 8; 2002, c. 9, s. 32 (1); 2002, c. 17, Sched. F, Table; 2017, c. 34, Sched. 2, s. 21 (1). In municipalities (2) If the building in respect of which money was spent is in a municipality, (a) the upper-tier municipality, board of health, planning board, …

• 24.
• 18Powers of inspector

  18 (1) For the purposes of an inspection under this Act, an inspector may, (a) require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the building or any part thereof; (b) inspect and remove documents or things relevant to the building or part thereof for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to a building or part thereof; (d) be accompanied by a person who has special or expert knowledge in relation to a building or part thereof; (e) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection; and (f) order any person to take and supply at that person’s expense such tests and samples as are specified in the order. 1992, c. 23, s. 1…

• 25.
• [s72]
• 18.1Repealed

  18.1 Repealed: 2002, c. 9, s. 34. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 34, Sched. 2, s. 23)

• 26.
• [s73]
• 18.1 #73Administrative penalties, imposed by inspector

  18.1 (1) If an inspector is satisfied that a person is contravening or not complying with or has contravened or failed to comply with any of the following, the inspector may, by order, impose an administrative penalty on the person in accordance with this section and the building code: 1. A provision of this Act as may be prescribed. 2. A provision of the building code as may be prescribed. 3. An order, direction or other requirement made under this Act as may be prescribed. 2017, c. 34, Sched. 2, s. 23. Same (2) Subsection (1) does not apply in respect of a provision of this Act, a provision of the building code or an order, direction or other requirement described in section 15.13.1. 2017, c. 34, Sched. 2, s. 23. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 12 - 06/04/1998 2002, c. 9, s. 34 - 01/09/2003 2017, c. 34, Sched. 2, s. 23 - not in force

• 27.
• [s74]
• 19Obstruction of inspector, etc.

  19 (1) No person shall hinder or obstruct, or attempt to hinder or obstruct, a chief building official, inspector, officer or a person authorized by a registered code agency in the exercise of a power or the performance of a duty under this Act. 1997, c. 24, s. 224 (13); 2002, c. 9, s. 35 (1). Occupied dwellings (2) A refusal of consent to enter or remain in a place actually used as a dwelling is not hindering or obstructing within the meaning of subsection (1) unless the inspector, officer or authorized person is acting under a warrant issued under this Act or in the circumstances described in clause 16 (1) (b), (c) or (d). 1997, c. 24, s. 224 (13); 2002, c. 9, s. 35 (2). Assistance (3) Every person shall assist any entry, inspection, examination, testing or inquiry by an inspector, chief building official, officer or a person authorized by a registered code agency in the exercise of a …

• [s75]
• 20Obstruction or removal of order

  20 No person shall obstruct the visibility of an order and no person shall remove a copy of an order posted under this Act unless authorized to do so by an inspector, officer or registered code agency. 1997, c. 24, s. 224 (14); 2002, c. 9, s. 36. Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (14) - 17/06/1998 2002, c. 9, s. 36 - 01/07/2005

• 28.
• 21Warrant for entry and search

  21 (1) A provincial judge or justice of the peace may at any time issue a warrant in the prescribed form authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there is reasonable ground to believe that, (a) an offence under this Act has been committed; and (b) the entry into and search of the building, receptacle or place will afford evidence relevant to the commission of the offence. 1992, c. 23, s. 21 (1). Seizure (2) In a search warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize anything that there is reasonable ground to believe will afford evidence relevant to the commission of the offence. 1992, c. 23, s. 21 (2). Same (3) Anyone who seizes something under a search warrant shall, (a) give a receipt …

• [s77]

  Dispute Resolution, Reviews and Appeals

• 29.
• [s78]
• 22Review of inspector’s order

  22 (1) The chief building official may review and amend or rescind an order made by an inspector. 1992, c. 23, s. 22 (1). Powers (2) A chief building official may exercise any of the powers or perform any of the duties of an inspector. 1992, c. 23, s. 22 (2). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 37 - 01/07/2005

• 30.
• [s79]
• 23Building Code Commission

  23 (1) The Building Code Commission is continued under the name Building Code Commission in English and Commission du code du bâtiment in French and shall be composed of those persons appointed by the Lieutenant Governor in Council. 1992, c. 23, s. 23 (1). Chair (2) The Lieutenant Governor in Council may designate one of the members as chair and one or more of the members as vice-chair. 1992, c. 23, s. 23 (2). Eligibility (3) A person is not eligible to be a member of the Commission if the person is, (a) a deputy minister of a ministry; (b) a public servant employed under Part III of the Public Service of Ontario Act, 2006; (c) an employee of a municipality; or (d) in a prescribed relationship to a registered code agency. 2006, c. 35, Sched. C, s. 8 (2). Remuneration (4) The members of the Commission shall receive such remuneration and expenses as the Lieutenant Governor in Council may d…

• 24Dispute resolution

  24 (1) This section applies if there is a dispute, (a) between an applicant for a permit, a holder of a permit or a person to whom an order is given and the chief building official, a registered code agency or an inspector concerning the sufficiency of compliance with the technical requirements of the building code; (b) between an applicant for a permit and the chief building official concerning whether the official complied with subsection 8 (2.2) or (2.3); or (c) between a holder of a permit and the chief building official, a registered code agency or an inspector concerning whether the requirements of subsection 10.2 (2) have been met. 2002, c. 9, s. 39. Application for dispute resolution (1.1) A party to the dispute may apply to the Building Code Commission to resolve the issue. 2002, c. 9, s. 39. Hearing (2) The Building Code Commission shall hold a hearing to decide the dispute and…

• 31.
• 25Appeal to court

  25 (1) A person who considers themself aggrieved by an order or decision made by the chief building official, a registered code agency or an inspector under this Act (except a decision under subsection 8 (3) not to issue a conditional permit) may appeal the order or decision to the Superior Court of Justice within 20 days after the order or decision is made. 2002, c. 9, s. 40 (2). Extension of time (2) A judge to whom an appeal is made may, upon such conditions as the judge considers appropriate, extend the time for making the appeal before or after the time set out in subsection (1), if the judge is satisfied that there is reasonable grounds for the appeal and for applying for the extension. 1992, c. 23, s. 25 (2). Effect of appeal (3) If an appeal is made under this section in respect of a matter in which a question is pending before the Building Code Commission, the proceeding before …

• 32.
• 26Further appeal

  26 (1) A party to the hearing before the Superior Court of Justice under section 25 may appeal from the decision to the Divisional Court. 1992, c. 23, s. 26 (1); 2002, c. 9, s. 41 (1). Minister represented (2) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section. 1992, c. 23, s. 26 (2). Powers of Divisional Court (3) An appeal under this section may be made on any question that is not a question of fact alone and the Divisional Court may, (a) confirm or alter the decision of the judge; (b) direct the chief building official, registered code agency or inspector to take any action that the official, agency or inspector is authorized to take under this Act; (c) refer the matter back to the judge for reconsideration; or (d) substitute its opinion for that of the chief building official, registered code agency, inspector or judge. 20…

• 27Service

  27 (1) A notice or order required by this Act to be served may be served personally, by email to the last known email address of the person to whom service is required to be made or by registered mail sent to the last known address of the person to whom notice is to be given or to that person’s agent for service. 1992, c. 23, s. 27 (1); 2019, c. 14, Sched. 14, s. 1 (1). Idem (2) If a notice or order is served by registered mail, the service shall be deemed to have been made on the fifth day after the day of mailing unless the person to whom the notice or order is given or that person’s agent for service establishes that, acting in good faith, through absence, accident, illness or other unintentional cause the notice was not received until a later date. 1992, c. 23, s. 27 (2); 1997, c. 24, s. 224 (15). Same (3) If a notice or order is served by email, the service shall be deemed to have b…

• 33.
• [s84]

  Authorizations and Rulings

• 34.
• 28Building Materials Evaluation Commission

  28 (1) The Building Materials Evaluation Commission is continued under the name Building Materials Evaluation Commission in English and Commission d’évaluation des matériaux de construction in French and shall be composed of those persons appointed by the Lieutenant Governor in Council. 1992, c. 23, s. 28 (1). Chair (2) The Lieutenant Governor in Council may designate one of the members as chair and one of the members as vice-chair. 1992, c. 23, s. 28 (2). Remuneration (3) The members of the Commission shall receive such remuneration and expenses as the Lieutenant Governor in Council may determine. 1992, c. 23, s. 28 (3). Powers and duties (4) The Building Materials Evaluation Commission may, (a) conduct research on, and examine, construction materials, systems and building designs or cause such research to be conducted and examinations to be undertaken; (b) upon application therefor, au…

• 35.
• 28.1Binding interpretations by the Minister

  28.1 (1) The Minister may issue a written interpretation of any provision of the building code, and the Minister’s interpretation is binding on any person exercising a power or performing a duty under this Act and on any person who is subject to this Act. 2002, c. 9, s. 44. Public notice (2) A statement setting out the Minister’s interpretation of a provision of the building code shall be made available to the public in the prescribed manner. 2002, c. 9, s. 44. Legislation Act, 2006, Part III (3) The Minister’s interpretation of a provision of the building code is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2002, c. 9, s. 44; 2006, c. 21, Sched. F, s. 136 (1). Delegation (4) The Minister may delegate his or her power under subsection (1) to the director. 2002, c. 9, s. 44. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 44 - 01…

• 29Rulings by Minister

  29 (1) The Minister may, subject to such conditions as the Minister in his or her discretion considers appropriate, make rulings, (a) Repealed: 2025, c. 9, Sched. 1, s. 2 (1). (b) adopting an amendment to a code, formula, standard, guideline, protocol or procedure that has been adopted by reference in the building code; or (c) approving the use of alternative materials, systems and building designs which, in the opinion of the Minister, will achieve the level of performance required by the building code. 1997, c. 30, Sched. B, s. 14 (1); 1999, c. 12, Sched. M, s. 9 (1); 2002, c. 9, s. 45 (1); 2025, c. 9, Sched. 1, s. 2 (1). Delegation (2) The Minister may by order delegate the power to make rulings to the director. 1992, c. 23, s. 29 (2). Status (3) A ruling is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 1992, c. 23, s. 29 (3); 2006, c. 21,…

• 36.
• 30Inquiry

  30 (1) If it appears to the Minister that there is or may be a failure in construction or demolition standards or in the enforcement of this Act or the building code, the Minister may designate a person to conduct an inquiry into the failure. 1992, c. 23, s. 30 (1). Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009 applies to the inquiry. 2009, c. 33, Sched. 6, s. 43. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 43 - 01/06/2011 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2020, c. 16, Sched. 1, s. 2)

• 37.
• [s89]

  Building Services Administrative Authority

• 38.
• [s90]

  Delegation

• 39.
• 30.1Delegation to designated administrative authority

  30.1 (1) If the requirements of section 30.2 and subsection 30.3 (1) are met, the Lieutenant Governor in Council may, by regulation, (a) designate a corporation as the administrative authority for the purposes of this Act; and (b) subject to subsection (3), delegate the administration of specified provisions of this Act and the regulations to the administrative authority. 2020, c. 16, Sched. 1, s. 2. Restrictions (2) A delegation described in clause (1) (b) may be restricted to specified aspects or purposes of the specified provisions. 2020, c. 16, Sched. 1, s. 2. Excepted provisions (3) Sections 23 to 26 and 30 to 36 shall not be delegated to the administrative authority. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 39.-42.
• 40.-42
• 40.-42.
• 30.2Corporation

  30.2 A corporation may be designated as the administrative authority only if it is a not-for-profit corporation without share capital and it is incorporated under the laws of Ontario. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 43.
• 30.3Administrative agreement

  30.3 (1) A regulation may be made under subsection 30.1 (1) only if the Minister and the corporation have entered into an administrative agreement with respect to the delegated provisions. 2020, c. 16, Sched. 1, s. 2. Contents (2) The administrative agreement shall include all matters that the Minister considers necessary for delegating the administration of the delegated provisions to the administrative authority, including, at a minimum, (a) requirements relating to the governance of the administrative authority; (b) requirements with which the administrative authority shall comply in connection with the administration of the delegated provisions, including a requirement that the administrative authority obtain adequate insurance against liability arising out of that administration; and (c) the financial terms of the delegation, including payments to the Crown, licence fees, royalties …

• 44.
• 30.4Policy directions

  30.4 (1) Subject to section 30.9, the Minister may issue policy directions to the administrative authority relating to its administration of the delegated provisions after giving the administrative authority the notice that the Minister considers reasonable in the circumstances. 2020, c. 16, Sched. 1, s. 2. Part of administrative agreement (2) The policy directions are deemed to form part of the administrative agreement. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.5Compliance by administrative authority

  30.5 (1) The administrative authority shall, (a) administer the delegated provisions in accordance with this Act and the administrative agreement; and (b) comply with this Act, the regulations, other applicable law and the administrative agreement. 2020, c. 16, Sched. 1, s. 2. Compliance with orders, directions (2) If the Minister issues a directive, order or policy direction, the administrative authority shall comply with the directive, order or direction. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.6Review

  30.6 (1) The Minister may, (a) require that policy, legislative or regulatory reviews related to the delegated provisions and the administrative agreement be carried out, (i) by or on behalf of the administrative authority, or (ii) by a person or entity specified by the Minister; or (b) require that reviews of the administrative authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out, (i) by or on behalf of the administrative authority, or (ii) by a person or entity specified by the Minister. 2020, c. 16, Sched. 1, s. 2. Access to records and information (2) If a review is carried out under subclause (1) (a) (ii) or (1) (b) (ii), the administrative authority shall give the person or entity specified by the Minister and the person or entity’s employees or agents access to all records and other i…

• 30.7Conflict

  30.7 In the event of conflict, sections 30.1 to 30.37 and the regulations made under section 30.38 prevail over, (a) the administrative agreement; (b) the administrative authority’s constating documents, by-laws and resolutions; and (c) the Corporations Act, the Corporations Information Act or a regulation made under either of those Acts. 2020, c. 16, Sched. 1, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, clause 30.7 (c) of the Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”. (See: 2020, c. 16, Sched. 1, s. 3) Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2, 3 - not in force Revocation of designation, restriction of delegation

• 30.8Public interest

  30.8 (1) The Lieutenant Governor in Council may, by regulation, revoke the designation of the administrative authority made under clause 30.1 (1) (a) or restrict the delegation made under clause 30.1 (1) (b) if the Lieutenant Governor in Council considers it advisable to do so in the public interest. 2020, c. 16, Sched. 1, s. 2. Non-compliance (2) The Lieutenant Governor in Council may, by regulation, revoke the designation of the administrative authority made under clause 30.1 (1) (a) or restrict the delegation made under clause 30.1 (1) (b) if, (a) the administrative authority has failed to comply with this Act, the regulations, other applicable law or the administrative agreement; (b) the Minister has given the administrative authority an opportunity to remedy the default within the period that the Minister considered reasonable under the circumstances; and (c) the administrative auth…

• 30.9Condition precedent for exercise of certain powers

  30.9 The Minister may exercise a power under subsections 30.3 (4), 30.4 (1), 30.22 (1) and 30.29 (1) if the Minister is of the opinion that it is advisable to exercise the power in the public interest because at least one of the following conditions is satisfied: 1. The exercise of the power is necessary to prevent serious harm to the interests of, i. the public, ii. principal authorities, or iii. chief building officials, inspectors, registered code agencies, designers or other persons referred to in sections 15.11 and 15.12. 2. An event of force majeure has occurred. 3. The administrative authority is insolvent. 4. The number of members of the board of directors of the administrative authority is insufficient for a quorum. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• [s100]

  Administrative Authority Board of directors

• 30.10Criteria and rules

  30.10 (1) The Minister may, by order, (a) establish competency criteria for members of the board of directors of the administrative authority; and (b) establish rules about the nomination of board members, the appointment or election process, the length of their terms and whether they may be reappointed or re-elected. 2020, c. 16, Sched. 1, s. 2. Eligibility for appointment, etc. (2) A person is qualified to be appointed or elected to the board of directors only if the person meets any competency criteria established under clause (1) (a). 2020, c. 16, Sched. 1, s. 2. Conflict (3) In the event of conflict, an order made under subsection (1) prevails over the administrative authority’s constating documents, by-laws and resolutions. 2020, c. 16, Sched. 1, s. 2. Appointment by Minister (4) The Minister may appoint one or more board members for a term specified in the appointment, but the Min…

• 30.11Public access to corporate information

  30.11 (1) The administrative authority shall, (a) make its corporate by-laws available for public inspection within the time specified in the administrative agreement or, if no time is specified in the agreement, within 10 days after the by-laws are passed by the board; and (b) make available to the public the information prescribed by regulation relating to the compensation of board members, officers and employees and relating to any other payments that the administrative authority makes or is required to make to them. 2020, c. 16, Sched. 1, s. 2. Compensation information, transition (2) For a board member or officer who is in office on the day this section comes into force, or an individual who is an employee on the day this section comes into force, the regulations may require the disclosure of information relating to compensation for a period that begins before that day. 2020, c. 16,…

• 30.12Employees

  30.12 (1) The administrative authority may, subject to the administrative agreement, employ or retain the services of any qualified person to carry out any of its powers or duties relating to the administration of the delegated provisions. 2020, c. 16, Sched. 1, s. 2. Not Crown employees (2) The following persons are not employees of the Crown and shall not hold themselves out as such: 1. Persons who are employed or whose services are retained under subsection (1). 2. Members, officers and agents of the administrative authority. 3. Members of the board of directors of the administrative authority, including those appointed by the Minister. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.13Not Crown agency

  30.13 (1) Despite the Crown Agency Act, the administrative authority is not an agent of the Crown for any purpose and shall not hold itself out as such. 2020, c. 16, Sched. 1, s. 2. Same (2) The following persons are not agents of the Crown and shall not hold themselves out as such: 1. Persons who are employed or whose services are retained under subsection 30.12 (1). 2. Members, officers and agents of the administrative authority. 3. Members of the board of directors of the administrative authority, including those appointed by the Minister. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.14No personal liability, employee of the Crown

  30.14 (1) No action or other proceeding shall be instituted against a current or former employee of the Crown for, (a) any act done in good faith in the exercise or performance or intended exercise or performance of a power or duty under sections 30.1 to 30.37 or the regulations made for the purposes of those sections; or (b) any neglect or default in the exercise or performance in good faith of such a power or duty. 2020, c. 16, Sched. 1, s. 2. Tort by employee of the Crown (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.15No Crown liability

  30.15 (1) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown agent as a direct or indirect result of any act or omission of the administrative authority or its members, officers, directors, employees or agents if the act or omission is related, directly or indirectly, to the exercise or performance or intended exercise or performance of a power or duty under this Act or the regulations. 2020, c. 16, Sched. 1, s. 2. No proceeding against the Crown (2) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by any person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (1). 2020, c. 16, Sched. 1, s. 2. Application (3) Without limiting t…

• 30.16Indemnification of the Crown

  30.16 The administrative authority shall indemnify the Crown, in accordance with the administrative agreement, in respect of damages and costs incurred by the Crown for any act or omission of the administrative authority or its members, officers, directors, employees or agents in the exercise or performance or intended exercise or performance of their powers and duties under this Act, the regulations or the administrative agreement, or for any acts and omissions otherwise connected to sections 30.1 to 30.37, the regulations made for the purposes of those sections or the administrative agreement. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.17No personal liability, board members and others

  30.17 (1) No action or other proceeding shall be instituted against any of the following persons, or someone who was formerly such a person, for any act done in good faith in the exercise or performance or intended exercise or performance of a power or duty under this Act or the regulations, or any neglect or default in the exercise or performance in good faith of such a power or duty: 1. Members of the board of directors of the administrative authority. 2. Persons who perform functions under this Act or the regulations as employees, agents or officers of the administrative authority or as persons whose services it retains. 3. Members of committees of the administrative authority who perform functions under this Act or the regulations. 2020, c. 16, Sched. 1, s. 2. Liability of administrative authority (2) Subsection (1) does not relieve the administrative authority of liability to which …

• 30.18Not public money

  30.18 (1) The money the administrative authority collects in carrying out the administration of the delegated provisions is not public money within the meaning of the Financial Administration Act. 2020, c. 16, Sched. 1, s. 2. Same (2) The administrative authority may use the money described in subsection (1) to carry out activities in accordance with its objects, subject to subsection 30.21 (2). 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.19Audit

  30.19 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the administrative authority, other than an audit required under the Corporations Act. 2020, c. 16, Sched. 1, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 30.19 (1) of the Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”. (See: 2020, c. 16, Sched. 1, s. 4) Access to records and information (2) When the Auditor General conducts an audit under subsection (1), the administrative authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2, 4 - not in force

• 30.20Annual report

  30.20 (1) Each year and at any other time the Minister requires, the board of directors of the administrative authority shall report to the Minister on its activities and financial affairs as they relate to this Act and the administrative agreement. 2020, c. 16, Sched. 1, s. 2. Form and contents (2) The report shall be in a form that is acceptable to the Minister and shall provide the information that the Minister requires. 2020, c. 16, Sched. 1, s. 2. Disclosure by board (3) The board shall publish the report on the administrative authority’s website and by any other method within the period and in the manner the Minister requires. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• [s112]

  Powers and Duties of Administrative Authority

• 30.21Additional powers

  30.21 (1) Subject to subsection (2), the administrative authority may carry out other activities in accordance with its objects or purposes, as set out in the authority’s letters patent. 2020, c. 16, Sched. 1, s. 2. Commercial activity (2) The administrative authority shall not engage in commercial activity through an individual, corporation or entity that is related to the administrative authority, except as permitted by the regulations. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.22Change to objects or purposes

  30.22 (1) Subject to section 30.9, the Minister may require that the administrative authority make a specified change to its objects or purposes. 2020, c. 16, Sched. 1, s. 2. Same (2) No change shall be made to the administrative authority’s objects or purposes unless the Minister’s written approval is obtained in advance. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.23Right to use French

  30.23 (1) A person has the right to communicate in French with, and to receive available services in French, from the administrative authority. 2020, c. 16, Sched. 1, s. 2. Board to ensure (2) The board of directors of the administrative authority shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section. 2020, c. 16, Sched. 1, s. 2. Limitation (3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances. 2020, c. 16, Sched. 1, s. 2. Definition (4) In this section, “service” means any service or procedure that is provided to the public by the administrative authority in administration of the delegated provisions and includes responding to inquiries from members of the public and any other communications for the purpose of providing the service or…

• 30.24Consultations

  30.24 The Minister may require the administrative authority to do any of the following: 1. Conduct consultations with the public or persons or entities that have relevant experience or knowledge on any matter that the Minister specifies related to this Act or the building code. 2. Advise or report to the Minister on any matter related to, i. an advisory council established under section 30.25, ii. this Act or the building code, or iii. the administrative authority’s objects or purposes as set out in the authority’s letters patent. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.25Advisory council, advisory process

  30.25 The Minister may require the administrative authority to, (a) establish one or more advisory councils; (b) include as members of an advisory council representatives of principal authorities, professional engineers, architects and such other persons as the Minister considers appropriate; and (c) undertake an advisory process in which it ensures that the advisory council seeks advice from one or both of the public and persons with experience or knowledge relating to the delegated provisions. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.26Duty to inform Minister

  30.26 The administrative authority shall promptly inform and advise the Minister with respect to, (a) any material fact that could affect the administrative authority’s ability to perform its duties under this Act or the regulations; (b) any urgent or critical matter that is likely to require action by the Minister to ensure that the administration of the delegated provisions is carried out properly; or (c) any failure in construction or demolition standards that could be hazardous to public health or safety, as may be specified in the administrative agreement. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.27Advice of administrative authority

  30.27 The administrative authority shall advise or report to the Minister on any matter that the Minister refers to it and that relates to this Act or the administration of the delegated provisions. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.28Form and fees

  30.28 (1) The administrative authority may, (a) establish forms related to the administration of the delegated provisions; (b) set and collect fees, costs or other charges related to the administration of the delegated provisions, in accordance with processes and criteria established by the administrative authority and approved by the Minister; and (c) make rules governing the payment of fees, costs and charges described in clause (b). 2020, c. 16, Sched. 1, s. 2. Setting fees (2) In setting the fees, costs and other charges described in clause (1) (b), the administrative authority may specify their amounts or the method for determining the amounts. 2020, c. 16, Sched. 1, s. 2. Fees for permits (3) Without limiting the generality of clause (1) (b), the administrative authority may set and collect fees, costs and other charges in respect of applications for permits in any area of the prov…

• [s121]

  Miscellaneous

• 30.29Administrator

  30.29 (1) Subject to section 30.9, the Minister may, by order, appoint an individual as an administrator of the administrative authority for the purposes of assuming control of it and responsibility for its activities. 2020, c. 16, Sched. 1, s. 2. Notice of appointment (2) The Minister shall give the administrative authority’s board of directors the notice that the Minister considers reasonable in the circumstances before appointing the administrator. 2020, c. 16, Sched. 1, s. 2. Immediate appointment (3) Subsection (2) does not apply if there are not enough members on the board to form a quorum. 2020, c. 16, Sched. 1, s. 2. Term of appointment (4) The appointment of the administrator is valid until the Minister makes an order terminating it. 2020, c. 16, Sched. 1, s. 2. Powers and duties of administrator (5) Unless the order appointing the administrator provides otherwise, the administr…

• 30.30Status of board during administrator’s tenure

  30.30 (1) On the appointment of an administrator under section 30.29, the members of the board of the administrative authority cease to hold office, unless the order provides otherwise. 2020, c. 16, Sched. 1, s. 2. Same (2) During the term of the administrator’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the order provides otherwise. 2020, c. 16, Sched. 1, s. 2. No personal liability (3) No action or other proceeding shall be instituted against a member or former member of the board for anything done by the administrator or the administrative authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). 2020, c. 16, Sched. 1, s. 2. Crown liability (4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (3) of this section does not relie…

• 30.31Appointment

  30.31 (1) If the administration of any provisions of this Act and the regulations, other than those relating to registration and qualification referred to in section 30.32, is delegated to the administrative authority, the board of directors of the authority shall appoint a chief building inspector and may appoint one or more assistant chief building inspectors and such inspectors as are necessary for the enforcement of this Act in the areas in which the administrative authority has jurisdiction. 2020, c. 16, Sched. 1, s. 2. Restrictions (2) A person appointed as the licensing registrar or an assistant licensing registrar under section 30.32 or as the director or an assistant director under section 30.33 shall not be appointed as the chief building inspector, an assistant chief building inspector or an inspector. 2020, c. 16, Sched. 1, s. 2. Certificate of appointment (3) The administrat…

• 30.32Appointment

  30.32 (1) If the administration of any of the following provisions is delegated to the administrative authority, the board of directors of the authority shall appoint a licensing registrar and may appoint one or more assistant licensing registrars for the purpose of those delegated provisions: 1. Section 15.11, 15.12 or 15.13. 2. A provision of the building code, as may be prescribed by regulation, related to the qualifications and registration of persons described in sections 15.11 and 15.12 and the requirement in section 15.13 for insurance coverage. 2020, c. 16, Sched. 1, s. 2. Restrictions (2) A person appointed as the chief building inspector, an assistant chief building inspector or inspector under section 30.31 or as the director or an assistant director under section 30.33 shall not be appointed as the licensing registrar or an assistant licensing registrar. 2020, c. 16, Sched. 1…

• 30.33Appointment

  30.33 (1) If the administration of any provisions of this Act and the regulations is delegated to the administrative authority, the board of directors of the authority shall appoint a director and may appoint one or more assistant directors for the purpose of those delegated provisions. 2020, c. 16, Sched. 1, s. 2. Restrictions (2) A person appointed as the chief building inspector, an assistant chief building inspector or inspector under section 30.31 or as the licensing registrar or an assistant licensing registrar under section 30.32 shall not be appointed as the director or an assistant director. 2020, c. 16, Sched. 1, s. 2. Powers and duties (3) The director and every assistant director shall exercise the powers and perform such duties as may be assigned by the administrative authority, this Act or the regulations. 2020, c. 16, Sched. 1, s. 2. Assistant director to act as director (…

• 30.34Who may be appointed

  30.34 A person shall not be appointed under section 30.31, 30.32 or 30.33 unless the person is an employee of the administrative authority. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.35Appointments in writing

  30.35 Appointments under sections 30.31, 30.32 and 30.33 shall be made in writing. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.36Status as officer

  30.36 A person appointed under section 30.31, 30.32 or 30.33 is an officer of the administrative authority. 2020, c. 16, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 1, s. 2 - not in force

• 30.37Offences, administrative authority

  30.37 (1) If the administrative authority contravenes this Act or the regulations, the authority is guilty of an offence and on conviction is liable to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues. 2020, c. 16, Sched. 1, s. 2. Individuals (2) A member of the board of directors, officer, employee or agent of the administrative authority who contravenes this Act or the regulations is guilty of an offence. 2020, c. 16, Sched. 1, s. 2. Parties to offences (3) A member of the board of directors or officer of the administrative authority is guilty of an offence if he or she, (a) causes, authorizes, permits or participates in the commission by the administrative authority of an offence mentioned in subsection (1); or (b) fails to take reasonable care to prevent the administrative authority from committing an offence mentioned in subsect…