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This is a narrow section of the Designer Legal/Process exam. The syllabus lists only three pieces: the power to inspect a building to see if it is unsafe (BCA s. 15.9(1)BCA s. 15.9 Inspection of unsafe buildings(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. (2) A building is unsafe if the building is, (a)…), the lien and deemed-tax rules for money spent on emergency orders (BCA s. 15.10(10) and (11)BCA s. 15.10 Emergency order where immediate danger(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…), and maintenance inspections (BCA s. 15.10.1BCA s. 15.10.1 Maintenance inspections(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. (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…). Property standards (s. 15.1 to 15.8) and building condition evaluation programs (s. 15.10.2 onward) are not on this exam.
Because only a few subsections are tested, questions tend to be precise: when can the inspector enter, what is the purpose, and what happens to the money.
Inspection of unsafe buildings (s. 15.9(1))
The Act says: "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."
Three things to lock in:
| Point | Rule |
|---|---|
| Who | An inspector |
| When | At any reasonable time |
| Warrant? | Not needed |
| Purpose | To decide whether the building is unsafe, or whether an unsafe building order has been complied with |
You do not need to learn the rest of s. 15.9 for this exam, but it helps to know the context. Later subsections define "unsafe", let the inspector make an order, and let the chief building official prohibit occupancy or do the work if the order is ignored. The owner's consent is not a condition of the s. 15.9(1) entry. (Entry into a room actually used as a dwelling has special rules in s. 16, which is outside this syllabus.)
Emergency orders: liens and deemed taxes (s. 15.10(10) and (11))
Section 15.10 deals with a building that poses an immediate danger to health or safety. In short: the chief building official can order immediate repairs and can take the measures needed to end the danger, with or without first serving the order. Afterward, the official applies to the Superior Court of Justice to confirm the order, and the court decides whether the money spent can be recovered "in whole, in part or not at all" (s. 15.10(7) and (8)).
The tested subsections say what happens to the recoverable amount:
| Where the building is | What happens to the amount the judge decides is recoverable | Source |
|---|---|---|
| In a municipality | It is a lien on the land with priority lien status (under the Municipal Act, 2001 or City of Toronto Act, 2006) | BCA s. 15.10(10)BCA s. 15.10 Emergency order where immediate danger(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… |
| In territory without municipal organization | It is a debt owing to the Crown, collectable under the Provincial Land Tax Act, 2006 as if it were tax | BCA s. 15.10(11)BCA s. 15.10 Emergency order where immediate danger(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… |
Note the words "the amount determined by the judge to be recoverable". The lien is not automatically the full amount spent. If the official spent $40,000 and the judge allows $25,000, the lien is $25,000.
The same pattern (municipal lien, Crown debt in unorganized territory) shows up in other places: conditional permit site restoration (s. 8(7) and (8)) and unsafe building work (s. 15.9(10) and (11)). If you understand it once, you can recognise it everywhere.
Maintenance inspection programs (s. 15.10.1)
A "maintenance inspection program" is "a program established under clause 7 (1) (b.1) or subsection 34 (2.2)" (BCA s. 1(1)BCA s. 1 maintenance inspection program“maintenance inspection program” means a program established under clause 7 (1) (b.1) or subsection 34 (2.2); (“programme d’inspections d’entretien”)). In plain terms:
- Clause 7(1)(b.1): a principal authority may set up, by by-law, a program to enforce standards for existing buildings.
- Subsection 34(2.2): the Minister may make regulations for programs about sewage systems (the mandatory and discretionary septic re-inspection programs in Division C 1.10., which this exam excludes).
Section 15.10.1 gives the inspector the tools:
| Subsection | Rule |
|---|---|
| (1) | An inspector may enter land and buildings at any reasonable time without a warrant to conduct a maintenance inspection |
| (2) | An inspector who finds a contravention may order compliance, immediately or within a set time |
| (3) | The order is served on the person the inspector believes is contravening |
| (4) | The order uses the prescribed or approved form and states the nature and location of the contravention and the compliance needed |
| (5) | The inspector may post a copy on the site |
| (6) to (8) | A copy may be made public (website or inspection at the office) or registered on title; a later buyer is deemed served on the original date; once complied with, the chief building official registers a discharge certificate |
| (9) | For an order made public under (6)(a), once complied with, an inspector marks the copy (or uses another prescribed means) |
Notice how closely this mirrors the s. 12 order in chapter 3. The difference is the trigger: a maintenance inspection under a program, not an inspection of construction.
Fees for maintenance inspections can be set by by-law under clause 7(1)(c)(ii).
Worked examples
Example 1. A neighbour reports a cracked masonry wall on a vacant store. The owner is away. Can the inspector go in? Yes, at a reasonable time and without a warrant, to determine whether the building is unsafe (s. 15.9(1)).
Example 2. An emergency order is carried out on a cottage in an unorganized township. The court allows the full cost. How is it recovered? As a debt to the Crown, collected as if it were tax under the Provincial Land Tax Act, 2006 (s. 15.10(11)).
Example 3. A maintenance inspection order was registered on title. The owner fixes the problem. Who discharges the order? The chief building official, by registering a certificate (s. 15.10.1(8)). If the order had only been posted online, an inspector would note on the copy that it was satisfied (s. 15.10.1(9)).
Common traps
- Picking "with the owner's consent" or "with a warrant" for s. 15.9(1) or s. 15.10.1(1) entry. Neither is required.
- Treating the lien as the full amount spent. It is the amount the judge allows.
- Mixing up the two recovery routes: lien (municipality) versus Crown debt collected as tax (unorganized territory).
- Thinking property standards officers run maintenance inspections. Inspectors do.
Chapter review
Chapter at a glance
One line per section: the idea to carry into the exam. Then the answers that most often catch candidates out.
- Inspection of unsafe buildings (s. 15.9(1))
The Act says: "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,
- Emergency orders: liens and deemed taxes (s. 15.10(10) and (11))
Section 15.10 deals with a building that poses an immediate danger to health or safety.
- Maintenance inspection programs (s. 15.10.1)
A "maintenance inspection program" is "a program established under clause 7 (1) (b.1) or subsection 34 (2.2)".
Usual exam traps
- Picking "with the owner's consent" or "with a warrant" for s. 15.9(1) or s. 15.10.1(1) entry. Neither is required.
- Treating the lien as the full amount spent. It is the amount the judge allows.
- Mixing up the two recovery routes: lien (municipality) versus Crown debt collected as tax (unorganized territory).
- Thinking property standards officers run maintenance inspections. Inspectors do.
Practice this chapter
Questions on Unsafe buildings and maintenance inspection programs, in the exam format, every answer explained and cited to its article. Sign in to start; a free account gets the free questions.
Code cited in this chapter
Based on the official Building Code Act, 1992 on e-Laws.
BCA s. 15.9 Inspection of unsafe buildings
Open BCA s. 15.9 in the code viewer(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.
(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.
(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.
(4)An inspector who finds that a building is unsafe may make an order setting out the reasons why the building is unsafe and the remedial steps necessary to render the building safe and may require the order to be carried out within the time specified in the order.
(5)The order under subsection (4) shall be served on the registered owner and each person apparently in possession of the building and such other persons affected by the order as the chief building official determines and a copy of the order may be posted on the site of the building in a location visible to the public.
(5.1)The prescribed form or the form approved by the Minister must be used for an order made under this section.
(5.2)A copy of an order made under this section may be,
(a)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 inspect and copy the order at their own expense; and
(b)registered in the proper land registry office.
(5.3)If an order made under this section is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.
(5.4)When the requirements of an order described in subsection (5.2) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.
(5.5)In the case of an order that has been made available to the public in accordance with clause (5.2) (a), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied.
(6)If an order of an inspector under subsection (4) is not complied with within the time specified in it, or where no time is specified, within a reasonable time, the chief building official,
(a)may by order prohibit the use or occupancy of the building; and
(b)may cause the building to be renovated, repaired or demolished to remove the unsafe condition or take such other action as he or she considers necessary for the protection of the public.
(7)For the purpose of clause (6) (b), the chief building official, an inspector and their agents may enter upon land and into buildings at any reasonable time without a warrant.
(8)The order under clause (6) (a) 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 of the order shall be posted on the site of the building in a location visible to the public.
(9)The order under clause (6) (a) is effective from the time it is posted.
(10)If the building is in a municipality, the municipality shall have a lien on the land for the amount spent on the renovation, repair, demolition or other action under clause (6) (b) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be.
(11)If the building is in territory without municipal organization, the amount spent on the renovation, repair, demolition or other action under clause (6) (b) is a debt owing to the Crown and may be collected under the Provincial Land Tax Act, 2006 as if it was tax imposed under that Act.
(12)No order may be made under this section if an order may be made under subsection 15.10.3 (2) respecting the same building or part of a building and the same subject matter.
BCA s. 15.10 Emergency order where immediate danger
Open BCA s. 15.10 in the code viewer(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.
(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.
(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 principal authority, or
(ii)allowing members of the public, during normal business hours, to inspect and copy the order at their own expense; and
(b)registered in the proper land registry office.
(2.2)If an order made under subsection (1) is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.
(2.3)When the requirements of an order described in subsection (2.2) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.
(2.4)In the case of an order that has been made available to the public in accordance with clause (2.1) (a), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied.
(3)After making an order under subsection (1), the chief building official may, either before or after the order is served, take any measures necessary to terminate the danger and, for this purpose, the chief building official, an inspector and their agents may at any time enter upon the land and into the building in respect of which the order was made without a warrant.
(4)Despite subsection 31 (2), the Crown, a municipality, an upper-tier municipality, a board of health, a planning board or a conservation authority or a person acting on behalf of any of them is not liable to compensate the registered owner, occupant or any other person by reason of anything done by or on behalf of the chief building official or an inspector in the reasonable exercise of his or her powers under subsection (3).
(5)If the order was not served before measures were taken to terminate the danger, the chief building official shall serve copies of the order in accordance with subsection (2) as soon as practicable after the measures have been taken and each copy of the order shall have attached to it a statement by the chief building official describing the measures taken and providing details of the amount spent in taking the measures.
(6)If the order was served before the measures were taken, the chief building official shall serve a copy of the statement mentioned in subsection (5) in accordance with subsection (2) as soon as practicable after the measures have been taken.
(7)As soon as practicable after subsections (5) and (6) have been complied with, the chief building official shall apply to the Superior Court of Justice for an order confirming the order made under subsection (1) and the court shall hold a hearing for that purpose.
(8)In disposing of an application under subsection (7), the court shall,
(a)confirm, modify or rescind the order; and
(b)determine whether the amount spent on measures to terminate the danger may be recovered in whole, in part or not at all.
(9)The disposition under subsection (8) is final.
(10)If the building is in a municipality, the amount determined by the judge to be recoverable shall be a lien on the land and shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be.
(11)If the building is in territory without municipal organization, the amount determined by the judge to be recoverable is a debt owing to the Crown and may be collected under the Provincial Land Tax Act, 2006 as if it was tax imposed under that Act.
BCA s. 15.10.1 Maintenance inspections
Open BCA s. 15.10.1 in the code viewer(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.
(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.
(3)The order shall be served on the person whom the inspector believes is contravening this Act or the building code.
(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.
(5)The inspector may post a copy of the order on the site of the maintenance inspection.
(6)A copy of an order made under subsection (2) may be,
(a)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 inspect and copy the order at their own expense; and
(b)registered in the proper land registry office.
(7)If an order made under subsection (2) is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.
(8)When the requirements of an order described in subsection (7) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.
(9)In the case of an order that has been made available to the public in accordance with clause (6) (a), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied.
BCA s. 1 maintenance inspection program
Open BCA s. 1 in the code viewer“maintenance inspection program” means a program established under clause 7 (1) (b.1) or subsection 34 (2.2); (“programme d’inspections d’entretien”)