Disputes, appeals, authorizations and rulings (General Legal/Process)

Last updated October 22, 2026

Values this chapter turns on

to appeal an order or decision to Superior Court: 20 days; to appeal an order or decision to Superior Court
form a quorum of the Building Code Commission: 3 members; form a quorum of the Building Code Commission
fee to apply to the Building Code Commission: $212; fee to apply to the Building Code Commission
after mailing, when registered mail is deemed served: 5th day; after mailing, when registered mail is deemed served

This section covers what happens when someone disagrees with a building official, and the ways a design that is not spelled out in the code can still be accepted. It draws on sections 22 to 30 of the Building Code Act and Division C Part 2. Exam questions here are mostly "who decides", "how many days" and "is the decision final". Learn the path from an inspector's order up to the Divisional Court, and the three routes for new products and designs: alternative solutions, BMEC authorizations and Minister's rulings.

Not tested: BCA 24(8) and (9), 26(2), 28.1(3) and (4), 29(2), (3) and (8), and Div. C 2.2.1.1, 2.2.1.2 and Section 2.3.

Review of inspector's orders and the Building Code Commission

The first step is internal. The chief building official may review an inspector's order and amend or rescind it. The Act also says a CBO "may exercise any of the powers or perform any of the duties of an inspector" BCA s. 22.

The Building Code Commission (BCC) is a provincial body appointed by the Lieutenant Governor in Council. Three members make a quorum. Some people cannot sit on it: a deputy minister, a public servant under Part III of the Public Service of Ontario Act, 2006, a municipal employee, or a person in a prescribed relationship to a registered code agency BCA s. 23. Division C lists those RCA relationships: being registered as an RCA, being an officer, director, partner or employee of one, or being engaged to perform functions for one OBC Div. C 2.2.1.4..

The BCC hears three kinds of dispute BCA s. 24:

Dispute type	Parties	What the BCC can do
24(1)(a)	Applicant, permit holder or person given an order vs CBO, RCA or inspector	Decide "sufficiency of compliance with the technical requirements"; may substitute its opinion
24(1)(b)	Applicant vs CBO	Decide whether the CBO met the permit decision and reasons time limits in 8(2.2) and (2.3); may order compliance
24(1)(c)	Permit holder vs CBO, RCA or inspector	Decide whether the inspection time limit in 10.2(2) was met; may order compliance

Key facts:

Any party to the dispute may apply. The BCC must hold a hearing and give notice.
A hearing on a (b) or (c) dispute must be held within five days of receiving the application. The count starts the day after receipt and skips Saturdays, holidays and days provincial offices are closed OBC Div. C 2.2.1.3..
The application fee is $212 for 2025 and later years OBC Div. C 2.2.1.5..
The Act says plainly: "The decision of the Building Code Commission is final." Members may not investigate the matter beforehand or talk to one side alone. They may get independent legal or technical advice, but must disclose it to the parties.

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Appeals to court and further appeals

A person who is aggrieved by an order or decision of a CBO, RCA or inspector may appeal to the Superior Court of Justice "within 20 days after the order or decision is made" BCA s. 25. One decision cannot be appealed: a refusal to issue a conditional permit under 8(3).

Rule	Detail
Deadline	20 days after the order or decision
Extension	A judge may extend it, before or after the 20 days, if there are reasonable grounds
Effect on a BCC case	A pending BCC proceeding on the same matter is terminated
Stay	The appeal does not stay the order unless a judge orders a stay
Technical questions	The judge may refer them to the BCC for a hearing and report

From the Superior Court, a party may appeal to the Divisional Court, but only on a question that is not a question of fact alone BCA s. 26. The Divisional Court may confirm or alter the decision, direct the official to act, send it back, or substitute its own opinion.

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Service of orders and notices

Section 27 lets a notice or order be served three ways: personally, by email to the last known email address, or by registered mail to the last known address or agent for service BCA s. 27.

Method	Deemed served
Personal	When handed over
Registered mail	Fifth day after mailing
Email	Day of sending; next day if sent after 5 p.m.

For mail and email, the person can rebut the deemed date by showing that, acting in good faith, absence, accident, illness or another unintentional cause delayed receipt. Note that 13(5) says section 27 does not apply to the notice that a covered part is ready for inspection under an order not to cover.

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BMEC, binding interpretations and Minister's rulings

Building Materials Evaluation Commission. The BMEC may research materials and designs, authorize the use of an "innovative material, system or building design" on application (with conditions), and recommend code changes to the Minister. Use in the approved manner is deemed not to contravene the code. The BMEC must not act if the Canadian Construction Materials Centre of the NRC has examined, or intends to examine, the same product BCA s. 28.

Binding interpretations. The Minister may issue a written interpretation of any code provision. It binds everyone exercising powers under the Act and everyone subject to it BCA s. 28.1. Each interpretation is posted on the Building Code website and a written copy is given on request OBC Div. C 2.4.3.1..

Minister's rulings. Under section 29 the Minister may adopt an amendment to a document referenced in the code, or approve alternative materials, systems and designs that achieve the required performance level BCA s. 29. Notice of a ruling is published at least once in The Ontario Gazette. An approval under 29(1)(c) applies across Ontario unless it says otherwise. If a BMEC authorization and a Minister's ruling conflict, the ruling prevails. The Minister may approve only if the approval is consistent with a BCC technical decision, an approval in the whole of another province or territory, or an approved revision of the National Building Code or National Plumbing Code OBC Div. C 2.4.2.1..

Inquiry. Where there may be a failure in construction standards or enforcement, the Minister may designate a person to conduct an inquiry BCA s. 30.

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Alternative solutions (Division C Part 2)

Part 2 applies to all buildings OBC Div. C 2.0.1.1.. An alternative solution is "a substitute for an acceptable solution" definition. The person proposing it must give documentation to the CBO or RCA that identifies the objectives, functional statements and acceptable solutions involved, and shows by past performance, tests or other evaluation that it reaches the required level of performance. The package must also cover assumptions, limiting factors, test procedures and any commissioning, operation and maintenance needs OBC Div. C 2.1.1.1..

If no published test method exists, tests must simulate or exceed anticipated service conditions, or compare the product with one known to be acceptable. Other test standards may be used if they give comparable results OBC Div. C 2.1.1.2..

Route	Who decides	Scope
Alternative solution	CBO or RCA	One project
BMEC authorization	BMEC, on application	Use set out in the authorization
Minister's ruling 29(1)(c)	Minister	All of Ontario unless stated

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Common traps

The BCC decision is final; there is no appeal from it to court. The court route is a separate appeal under section 25.
The 20-day court deadline runs from when the order or decision is made, not from service.
A court appeal does not automatically stay an order.
Divisional Court appeals cannot be on facts alone.
Registered mail is deemed served on the fifth day, email the same day (next day after 5 p.m.).
BMEC steps back when the CCMC is examining the product.

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.

Chapter at a glance: the key idea in each section
Section	Key idea
Review of inspector's orders and the Building Code Commission	The Building Code Commission (BCC) is a provincial body appointed by the Lieutenant Governor in Council.
Appeals to court and further appeals	A person who is aggrieved by an order or decision of a CBO, RCA or inspector may appeal to the Superior Court of Justice "within 20 days after the order or decision is made".
Service of orders and notices	Section 27 lets a notice or order be served three ways: personally, by email to the last known email address, or by registered mail to the last known address or agent for service.
BMEC, binding interpretations and Minister's rulings	Building Materials Evaluation Commission.
Alternative solutions (Division C Part 2)	Part 2 applies to all buildings.

Review of inspector's orders and the Building Code Commission
The Building Code Commission (BCC) is a provincial body appointed by the Lieutenant Governor in Council.
Appeals to court and further appeals
A person who is aggrieved by an order or decision of a CBO, RCA or inspector may appeal to the Superior Court of Justice "within 20 days after the order or decision is made".
Service of orders and notices
Section 27 lets a notice or order be served three ways: personally, by email to the last known email address, or by registered mail to the last known address or agent for service.
BMEC, binding interpretations and Minister's rulings
Building Materials Evaluation Commission.
Alternative solutions (Division C Part 2)
Part 2 applies to all buildings.

Usual exam traps

The BCC decision is final; there is no appeal from it to court. The court route is a separate appeal under section 25.
The 20-day court deadline runs from when the order or decision is made, not from service.
A court appeal does not automatically stay an order.
Divisional Court appeals cannot be on facts alone.
Registered mail is deemed served on the fifth day, email the same day (next day after 5 p.m.).
BMEC steps back when the CCMC is examining the product.

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Questions on Disputes, appeals, authorizations and rulings, in the exam format, every answer explained and cited to its article. Sign in to start; a free account gets the free questions.

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Code cited in this chapter

Based on the official 2024 Building Code Compendium on ontario.ca.

BCA s. 22 Review of inspector’s order
(1)The chief building official may review and amend or rescind an order made by an inspector.
(2)A chief building official may exercise any of the powers or perform any of the duties of an inspector.
Open BCA s. 22 in the code viewer
BCA s. 23 Building Code Commission
(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.
(2)The Lieutenant Governor in Council may designate one of the members as chair and one or more of the members as vice-chair.
(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.
(4)The members of the Commission shall receive such remuneration and expenses as the Lieutenant Governor in Council may determine.
(5)Three members of the Commission constitute a quorum.
Open BCA s. 23 in the code viewer
OBC Div. C 2.2.1.4. Eligibility
(1)The following relationships to a registered code agency are prescribed for the purposes of clause 23(3)(d) of the Act as relationships to a registered code agency that make a person ineligible to be a member of the Commission:
(a)the person is registered under Article 3.4.3.2. as a registered code agency,
(b)the person is an officer, director, partner or employee of a registered code agency, or
(c)the person is engaged by a registered code agency to perform functions under the Act on behalf of the registered code agency.
Open OBC Div. C 2.2.1.4. in the code viewer
BCA s. 24 Dispute resolution
(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.
(1.1)A party to the dispute may apply to the Building Code Commission to resolve the issue.
(2)The Building Code Commission shall hold a hearing to decide the dispute and shall give the parties to the dispute notice of the hearing.
(2.1)A hearing to decide a dispute described in clause (1) (b) or (c) must be held within the prescribed period.
(3)The Building Code Commission shall, by order, determine a dispute described in clause (1) (a) and, for that purpose, may substitute its opinion for that of the chief building official, registered code agency or inspector.
(3.1)The Building Code Commission shall, by order, determine a dispute described in clause (1) (b) or (c) and, for that purpose, may require the chief building official, registered code agency or inspector, as the case may be, to comply with the applicable subsection of the Act.
(4)The decision of the Building Code Commission is final.
(5)Members of the Building Code Commission holding a hearing shall not,
(a)take part before the hearing in any investigation or consideration of the subject-matter of the hearing; or
(b)communicate directly or indirectly in relation to the subject-matter of the hearing with any person unless all parties are given notice and allowed to participate.
(6)Despite subsection (5), members of the Building Code Commission may seek independent legal or technical advice but the nature of the advice shall be made known to the parties in order that they may make submissions.
(7)The findings of fact at a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.
(8)Members of the Building Code Commission shall not participate in a decision of the Commission pursuant to a hearing unless they were present throughout the hearing.
(9)Except with the consent of the parties, no decision of the Building Code Commission shall be given unless all members present throughout the hearing participate in the decision.
(10)Documents and things put in evidence at the hearing shall, upon the request of the person who produced them, be released by the Building Code Commission to that person within a reasonable time after the matter in issue has been finally determined.
Open BCA s. 24 in the code viewer
OBC Div. C 2.2.1.3. Time Period
(1)A hearing to decide a dispute described in Clause 2.2.1.2.(2)(b) shall be held not more than five days after the Commission receives an application for a hearing in a form approved by the Commission.
(2)The time period described in Sentence (1) commences on the day after the Commission receives the application and excludes Saturdays, holidays and all other days when the offices of the Government of Ontario are not open for the transaction of business with the public.
Open OBC Div. C 2.2.1.3. in the code viewer
OBC Div. C 2.2.1.5. Application Fee
(1)The fee on an application to the Building Code Commission under subsection 24(1.1) of the Act is $212, for 2025 and subsequent calendar years.
Open OBC Div. C 2.2.1.5. in the code viewer
BCA s. 25 Appeal to court
(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.
(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.
(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 the Commission is terminated.
(4)On an appeal, a judge may affirm or rescind the order or decision and take any other action that the judge considers the chief building official, registered code agency or inspector ought to take in accordance with this Act and the regulations and, for those purposes, the judge may substitute his or her opinion for that of the official, agency or inspector.
(5)A judge may refer a question respecting the interpretation of the technical requirements of the building code or the sufficiency of compliance with the technical requirements of the building code to the Building Code Commission for a hearing and report to the judge.
(6)The procedure on the reference shall be the same as on an application under section 24.
(7)An appeal under subsection (1) does not stay the operation of the order or decision appealed from but a judge may, on such terms as are just, stay the operation of the order or decision until the disposition of the appeal.
Open BCA s. 25 in the code viewer
BCA s. 26 Further appeal
(1)A party to the hearing before the Superior Court of Justice under section 25 may appeal from the decision to the Divisional Court.
(2)The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section.
(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.
Open BCA s. 26 in the code viewer

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BCA s. 27 Service
(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.
(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.
(3)If a notice or order is served by email, the service shall be deemed to have been made on the day of sending unless,
(a)the document was sent after 5 p.m., in which case service shall be deemed to have been made on the following day; or
(b)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.
Open BCA s. 27 in the code viewer
BCA s. 28 Building Materials Evaluation Commission
(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.
(2)The Lieutenant Governor in Council may designate one of the members as chair and one of the members as vice-chair.
(3)The members of the Commission shall receive such remuneration and expenses as the Lieutenant Governor in Council may determine.
(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, authorize the use, subject to any conditions that may be set out, of any innovative material, system or building design in respect of any building or part thereof; and
(c)make recommendations to the Minister respecting changes in this Act or the building code.
(5)The use of any innovative material, system or building design in the manner approved by the Commission shall be deemed not to be a contravention of the building code.
(6)If the Canadian Construction Materials Centre of the National Research Council of Canada has examined or has expressed its intention to examine an innovative material, system or building design, the Building Materials Evaluation Commission shall not exercise its powers under subsection (4) in respect of that material, system or building design.
Open BCA s. 28 in the code viewer
BCA s. 28.1 Binding interpretations by the Minister
(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.
(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.
(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.
(4)The Minister may delegate his or her power under subsection (1) to the director.
Open BCA s. 28.1 in the code viewer
OBC Div. C 2.4.3.1. Interpretations By Minister
(1)Every interpretation issued by the Minister under section 28.1 of the Act shall be made available to the public,
(a)by posting the interpretation on the Building Code website, and
(b)by providing a written copy of the interpretation on receipt of a request for it.
Open OBC Div. C 2.4.3.1. in the code viewer
BCA s. 29 Rulings by Minister
(1)The Minister may, subject to such conditions as the Minister in his or her discretion considers appropriate, make rulings,
(a)Repealed:
(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.
(2)The Minister may by order delegate the power to make rulings to the director.
(3)A ruling is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.
(4)Notice of a ruling shall be published at least once in The Ontario Gazette and made available, upon request, to members of the public.
(5)A ruling of the Minister under clause (1) (c) entitles a person to use the approved material, system or building design in all of Ontario unless the ruling states otherwise.
(6)The use of an approved material, system or building design in the manner approved in a ruling under clause (1) (c) shall be deemed not to be a contravention of the building code.
(7)In the event of a conflict between an authorization of the Building Materials Evaluation Commission and a ruling of the Minister under clause (1) (c), the ruling prevails.
(8)Repealed:
Open BCA s. 29 in the code viewer
OBC Div. C 2.4.2.1. Criteria
(1)Sentence (2) sets out criteria to be followed by the Minister when making a ruling under clause 29(1)(c) of the Act to approve the use of an alternative material, system or building design.
(2)The Minister’s approval of the use of an alternative material, system or building design referred to in Sentence (1) may be granted only if the approval is consistent with,
(a)a decision of the Building Code Commission in respect of a dispute described in clause 24(1)(a) of the Act,
(b)an approval of the use of the material, system or building design in the whole of another province or territory in accordance with the law of that province or territory, or
(c)a revision of the NRCC-CONST-56435E 2020, “National Building Code of Canada”, or the NRCC-CONST-56436E 2020, “National Plumbing Code of Canada”, that has been approved by the Canadian Commission on Building and Fire Codes.
Open OBC Div. C 2.4.2.1. in the code viewer
BCA s. 30 Inquiry
(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.
(2)Section 33 of the Public Inquiries Act, 2009 applies to the inquiry.
Open BCA s. 30 in the code viewer
OBC Div. C 2.0.1.1. Application
(1)This Part applies to all buildings covered in this Code. (See Article 1.1.1.1. of Division A.)
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OBC Div. A 1.4.1.2.(1) Alternative solution
Alternative solution means a substitute for an acceptable solution.
Open OBC Div. A 1.4.1.2.(1) in the code viewer
OBC Div. C 2.1.1.1. Documentation
(1)The person proposing the use of an alternative solution shall provide documentation to the chief building official or registered code agency that,
(a)identifies applicable objectives, functional statements and acceptable solutions, and
(b)establishes on the basis of past performance, tests described in Article 2.1.1.2. or other evaluation that the proposed alternative solution will achieve the level of performance required under Article 1.2.1.1. of Division A.
(2)The documentation described in Sentence (1) shall include information about relevant assumptions, limiting or restricting factors, testing procedures, studies or building performance parameters, including any commissioning, operational and maintenance requirements.
Open OBC Div. C 2.1.1.1. in the code viewer
OBC Div. C 2.1.1.2. Tests
(1)Where no published test method to establish the suitability of an alternative solution proposed under Article 2.1.1.1. exists, then the tests used for the purposes of that Article shall be designed to simulate or exceed anticipated service conditions or shall be designed to compare the performance of the material or system with a similar material or system that is known to be acceptable.
(2)The results of tests or evaluations based on test standards, other than as described in this Code, may be used for the purposes of Sentence (1), if the alternate test standards provide comparable results.
Open OBC Div. C 2.1.1.2. in the code viewer