Last updated
Values this chapter turns on
- maximum life of a search warrant after issue
- 15 days
- maximum life of a search warrant after issue
- earliest a search warrant may be executed, by default
- 6 a.m.
- earliest a search warrant may be executed, by default
- latest a search warrant may be executed, by default
- 9 p.m.
- latest a search warrant may be executed, by default
- an inspector has during an inspection under s. 18(1)
- 6 powers
- an inspector has during an inspection under s. 18(1)
Earlier chapters showed when an inspector may enter land without a warrant. This chapter covers the general powers that sit behind every inspection: carrying identification, the special rules for dwellings, what an inspector may demand during an inspection, recovering money spent on remedial work, obstruction, and search warrants. These sections are short, so the exam tests their exact conditions: who must be told what, when consent counts, and what a warrant can and cannot do. Subsection 17.1(1) is not on the syllabus.
Identification and entry to dwellings
"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" (BCA s. 15.23BCA s. 15.23 Duty to carry identificationThe 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.).
Dwellings are different. Despite the warrantless entry powers in sections 8, 12, 15.9, 15.10.1 and others, an inspector "shall not enter or remain in any room or place actually being used as a dwelling" unless one of these applies (BCA s. 16(1)BCA s. 16 Entry to dwellings(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…):
| Clause | Exception |
|---|---|
| (a) | the occupier consents, having first been told that entry may be refused and then made only under a warrant |
| (a.1) | a warrant issued under the Act is obtained |
| (b) | the delay to get a warrant or consent "would result in an immediate danger to the health or safety of any person" |
| (c) | entry is needed to terminate a danger under the emergency order power in s. 15.10(3) |
| (d) | entry is needed to remove a building or restore a site under a conditional permit agreement (s. 8(6)), or to remove an unsafe condition under s. 15.9(6)(b), and notice has been given |
For clause (d), the inspector must serve the occupier with notice of the intention to enter "Within a reasonable time before entering" (s. 16(2)).
Worked example: consent at the door
An inspector wants to check a basement apartment that is being lived in, after a complaint about an unpermitted second unit. The tenant opens the door. The inspector must first tell the tenant that entry may be refused, and that if refused, entry could only be made under a warrant. If the tenant then agrees, the consent is valid under 16(1)(a). If the tenant refuses, that refusal is not obstruction (see section 19(2) below), and the inspector needs a warrant unless one of the other exceptions applies.
Powers of inspectors and recovery of expenditures
For an inspection, BCA s. 18(1)BCA s. 18 Powers of inspector(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… lets an inspector:
- (a) require production of documents or things, including drawings or specifications;
- (b) inspect and remove documents or things to copy them;
- (c) require information from any person about a building matter;
- (d) be accompanied by a person with special or expert knowledge;
- (e) alone or with an expert, make examinations, take tests, samples or photographs; and
- (f) "order any person to take and supply at that person's expense such tests and samples as are specified in the order".
Safeguards around those powers:
| Rule | Subsection |
|---|---|
| A sample is divided in two, with one part to the person, if they ask at the time, provide the facilities, and division is technically feasible | 18(2) |
| If not divided, the person gets a copy of any report on the sample | 18(3) |
| A receipt is given for anything removed, and it is returned promptly | 18(4) |
| Certified copies are admissible in evidence like the originals | 18(5) |
| An order under 18(1) uses the prescribed or Minister-approved form | 18(6) |
Recovery of expenditures. Section 17.1 explains how a board of health, planning board, conservation authority, upper-tier municipality or the Crown recovers money spent on site restoration, unsafe building work or emergency work. If the building is in a municipality, the body may instruct the municipality to recover the amount, using the same lien rules, and the municipality pays it over less its reasonable collection costs (BCA s. 17.1(2)BCA s. 17.1 Recovery of expenditures for repairs, etc.(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…). In territory without municipal organization, the body may ask the Minister of Finance to collect it under the Provincial Land Tax Act, 2006 (s. 17.1(4)).
Obstruction of inspectors and orders
"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" (BCA s. 19(1)BCA s. 19 Obstruction of inspector, etc.(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. (2) A refusal of consent to enter or remain in a place actually used as a…). Every person must assist an entry, inspection, test or inquiry (s. 19(3)), and must not neglect or refuse to produce documents or provide information an inspector requires under section 18 (s. 19(4)).
The key exception: refusing consent to enter a place actually used as a dwelling is not obstruction, unless the inspector is acting under a warrant or under 16(1)(b), (c) or (d) (s. 19(2)).
Posted orders are protected too. "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" (BCA s. 20BCA s. 20 Obstruction or removal of orderNo 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.).
Warrants for entry and search
Section 21 is a search warrant for evidence of an offence, not a warrant to inspect. A provincial judge or justice of the peace may issue it on information on oath that there are reasonable grounds to believe an offence under the Act has been committed and that the search will afford evidence of it (BCA s. 21(1)BCA s. 21 Warrant for entry and search(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…).
| Warrant rule | Detail |
|---|---|
| Issued by | a provincial judge or justice of the peace |
| May authorize | entry, search, and seizure of anything that will afford evidence |
| Receipt | given for anything seized, which is brought before a judge or justice |
| Expiry | stated in the warrant, "not later than fifteen days after the warrant is issued" |
| Hours | "only between 6 a.m. and 9 p.m. unless it provides otherwise" |
The forms are set in OBC Div. C 1.4.1.1.OBC Div. C 1.4.1.1. Information & Warrant Forms(1) An information to obtain a warrant to enter and search a building, receptacle or place under subsection 21(1) of the Act shall be in Form 1.4.1.1.-A. (2) A warrant to enter and search a building, receptacle or place under subsection 21(1) of the Act shall be in Form 1.4.1.1.-B. form 1.4.1.1.-a: information to…: the information to obtain the warrant is Form 1.4.1.1.-A, and the warrant itself is Form 1.4.1.1.-B.
Common traps
- Consent needs a warning. Consent counts only if the occupier was first told entry may be refused.
- Refusal is not obstruction at a dwelling, unless a warrant or a 16(1)(b) to (d) exception applies.
- 18(1)(f) costs fall on the person ordered to take tests and samples.
- Sample splitting needs all three: a request at the time, facilities, and technical feasibility.
- Fifteen days, 6 a.m. to 9 p.m. Do not mix these up with other time limits in the Act.
- Forms. -A is the information; -B is the warrant.
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.
- Identification and entry to dwellings
"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…
- Obstruction of inspectors and orders
"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…
- Warrants for entry and search
Section 21 is a search warrant for evidence of an offence, not a warrant to inspect.
Usual exam traps
- Consent needs a warning. Consent counts only if the occupier was first told entry may be refused.
- Refusal is not obstruction at a dwelling, unless a warrant or a 16(1)(b) to (d) exception applies.
- 18(1)(f) costs fall on the person ordered to take tests and samples.
- Sample splitting needs all three: a request at the time, facilities, and technical feasibility.
- Fifteen days, 6 a.m. to 9 p.m. Do not mix these up with other time limits in the Act.
- Forms. -A is the information; -B is the warrant.
Practice this chapter
Questions on Inspection and enforcement powers, 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 2024 Building Code Compendium on ontario.ca.
© King's Printer for Ontario, 2024. Reproduced with permission.
BCA s. 15.23 Duty to carry identification
Open BCA s. 15.23 in the code viewerThe 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.
BCA s. 16 Entry to dwellings
Open BCA s. 16 in the code viewer(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 under subsection 15.4 (1).
(2)Within a reasonable time before entering the room or place for a purpose described in clause (1) (d), the inspector or officer shall serve the occupier with notice of his or her intention to enter it.
BCA s. 18 Powers of inspector
Open BCA s. 18 in the code viewer(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.
(2)A sample taken under clause (1) (e) shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if,
(a)the person requests that the sample be divided at the time it is taken and provides the necessary facilities; and
(b)it is technically feasible to divide the sample.
(3)If an inspector takes a sample under clause (1) (e) and has not divided the sample into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.
(4)An inspector shall provide a receipt for any document or thing removed under clause (1) (b) and shall promptly return them after the copies or extracts are made.
(5)Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentiary value as the originals.
(6)The prescribed form or the form approved by the Minister must be used for an order under subsection (1).
BCA s. 17.1 Recovery of expenditures for repairs, etc.
Open BCA s. 17.1 in the code viewer(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).
(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, conservation authority or the Crown may instruct the municipality to recover the amount spent;
(b)subsection 8 (7), 15.9 (10), 15.10 (10) or 15.10.3 (11), as the case may be, applies to the collection of the amount; and
(c)the money collected, less the costs reasonably attributable to the collection, shall be paid by the municipality to the upper-tier municipality, board of health, planning board, conservation authority or the Crown.
(3)Where the Crown instructs the municipality under clause (2) (a) to recover the amount spent, the lien referred to in subsection 8 (7), 15.9 (10), 15.10 (10) or 15.10.3 (11) is not an estate or interest of the Crown within the meaning of clause 379 (7) (b) of the Municipal Act, 2001 or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be.
(4)If the building in respect of which money was spent is located in territory without municipal organization,
(a)the municipality, board of health, planning board or conservation authority may give the Minister of Finance written notice of the amount that was spent, requesting the collection of the amount under the Provincial Land Tax Act, 2006;
(b)the amount may be collected under that Act as if it was tax imposed under it; and
(c)the Minister of Finance shall pay the amount collected under that Act, less the costs reasonably attributable to the collection, to the municipality, board of health, planning board or conservation authority.
BCA s. 19 Obstruction of inspector, etc.
Open BCA s. 19 in the code viewer(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.
(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).
(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 power or performance of a duty under this Act.
(4)No person shall neglect or refuse,
(a)to produce any documents, drawings, specifications or things required under clause 15.8 (1) (a) or (e) by an officer or under clause 18 (1) (a) or (e) by an inspector or by a person authorized by a registered code agency; or
(b)to provide any information required under clause 15.8 (1) (c) by an officer or under clause 18 (1) (c) by an inspector or by a person authorized by a registered code agency.
BCA s. 20 Obstruction or removal of order
Open BCA s. 20 in the code viewerNo 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.
BCA s. 21 Warrant for entry and search
Open BCA s. 21 in the code viewer(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.
(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.
(3)Anyone who seizes something under a search warrant shall,
(a)give a receipt for the thing seized to the person from whom it was seized; and
(b)bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law.
(4)A search warrant shall state the date on which it expires, which date shall be not later than fifteen days after the warrant is issued.
(5)A search warrant may be executed only between 6 a.m. and 9 p.m. unless it provides otherwise.
(6)Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of any thing seized under this section.
OBC Div. C 1.4.1.1. Information & Warrant Forms
Open OBC Div. C 1.4.1.1. in the code viewer(1)An information to obtain a warrant to enter and search a building, receptacle or place under subsection 21(1) of the Act shall be in Form 1.4.1.1.-A.
(2)A warrant to enter and search a building, receptacle or place under subsection 21(1) of the Act shall be in Form 1.4.1.1.-B.
form 1.4.1.1.-a: information to obtain search warrant under section 21 of the building code act, 1992
Form 1.4.1.1.-B — Search Warrant under Section 21 of the Building Code Act, 1992
form 1.4.1.1.-b: form 1.4.1.1.-b search warrant under section 21 of the building code act, 1992