Last updated
Values this chapter turns on
- cycle for mandatory sewage system inspections
- 5 years
- cycle for mandatory sewage system inspections
- strip along Lake Simcoe and its rivers that is inspected
- 100 m
- strip along Lake Simcoe and its rivers that is inspected
- watershed lake area above which the 100 m strip applies
- 8 ha
- watershed lake area above which the 100 m strip applies
- look-back on employment for certificate signer conflicts
- 180 days
- look-back on employment for certificate signer conflicts
Not every enforcement problem involves new construction. Sections 15.9 to 15.10.1 of the Act deal with existing buildings that are unsafe, buildings that pose an immediate danger, and maintenance inspections. Division C Section 1.10 adds the rules for sewage system maintenance inspection programs. The exam likes to test the difference between an unsafe order (inspector, time to comply) and an emergency order (CBO, immediate work, court confirmation). Building condition evaluation programs (15.10.2 onward) are not on this exam.
Inspection of unsafe buildings and unsafe orders
An inspector may enter land and buildings "at any reasonable time without a warrant" to check whether a building is unsafe or whether an unsafe order has been complied with (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)…). Entry to a room actually used as a dwelling still needs consent, a warrant or another exception under section 16 (chapter 7).
A building is unsafe under BCA s. 15.9(2)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)… if it 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."
A sewage system is also unsafe "if it is not maintained or operated in accordance with this Act and the building code" (s. 15.9(3)).
The unsafe order. An inspector who finds a building unsafe may make an order setting out why it is unsafe and the remedial steps needed, and may set a time to comply (s. 15.9(4)). It is served on the registered owner, each person apparently in possession, and others the CBO decides. A copy may be posted on site (s. 15.9(5)), published and registered on title (s. 15.9(5.2)).
If the owner does not comply. The CBO may then (s. 15.9(6)):
- by order prohibit use or occupancy of the building; and
- cause the building to be renovated, repaired or demolished to remove the unsafe condition, or take other action to protect the public.
The prohibition order must be served and posted, and it "is effective from the time it is posted" (s. 15.9(9)). For the remedial work, the CBO, inspectors and their agents may enter without a warrant (s. 15.9(7)). In a municipality the cost becomes a lien with priority lien status; in unorganized territory it is a debt to the Crown (s. 15.9(10), (11)).
Emergency orders where there is immediate danger
Where on inspection "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 requiring remedial work "to be carried out immediately to terminate the danger" (BCA s. 15.10(1)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…).
Steps in an emergency:
| Step | Rule |
|---|---|
| Serve | registered owner, each person apparently in possession, others affected; copy posted on site (s. 15.10(2)) |
| Act | the CBO may take any measures needed, before or after service; CBO, inspectors and agents may enter "at any time" without a warrant (s. 15.10(3)) |
| Report | serve a statement of the measures taken and the amount spent "as soon as practicable" (s. 15.10(5), (6)) |
| Court | the CBO applies to the Superior Court of Justice to confirm the order (s. 15.10(7)) |
| Decision | the court confirms, modifies or rescinds, and decides how much of the cost is recoverable; this is final (s. 15.10(8), (9)) |
The Crown, municipality and the other bodies are not liable to compensate anyone for things reasonably done to terminate the danger (s. 15.10(4)). The recoverable amount becomes a priority lien in a municipality (s. 15.10(10)).
Worked example: unsafe or emergency?
After a storm, an inspector finds a garage wall cracked and leaning, with the garage fenced off and no one using it. That is a building "structurally inadequate" for its use, so it is unsafe. The inspector issues an unsafe order with 30 days to repair. A week later a second inspection finds the main house chimney leaning over the public sidewalk and about to fall. Now an inspector is satisfied there is an immediate danger, so the CBO makes an emergency order, has a contractor take down the chimney the same day, then serves the statement of costs and applies to court for confirmation.
Maintenance inspection programs (Act and Division C 1.10)
In the Act. An inspector may enter land and buildings at any reasonable time without a warrant to conduct a maintenance inspection (BCA s. 15.10.1(1)BCA 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…). On finding a contravention, the inspector may make a compliance order, served on the person believed to be contravening, on the prescribed or approved form, and may post a copy at the site (s. 15.10.1(2) to (5)). A "maintenance inspection program" is one set up by a principal authority under clause 7(1)(b.1) or by regulation under 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”)).
Discretionary programs, Division C 1.10.1. A principal authority may set up its own sewage system program by by-law. Such a program applies to all sewage systems in the affected area, and an inspector inspects each for compliance with the prescribed standards (OBC Div. C 1.10.1.2.OBC Div. C 1.10.1.2. Application and Inspections(1) A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall apply to all sewage systems in the area affected by the maintenance inspection program. (2) A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall provide that, subject to Article 1.10.1.3., an inspector shall inspect…). As an alternative to inspecting, the principal authority may accept a certificate from the owner on a Minister-approved form, signed by a qualified person who inspected the system (OBC Div. C 1.10.1.3.OBC Div. C 1.10.1.3. Certificate as Alternative to Maintenance Inspection(1) A principal authority that establishes a maintenance inspection program in respect of sewage systems may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.1.2.(2) accept a certificate described in Sentence (2) from the owner of the property on which the sewage system is…).
Who may sign that certificate: a designer registered in the On-site Sewage Systems class, a person registered as a sewage system installer under 3.3.3.2., an architect, or a professional engineer. No one may sign if in a conflict of interest, for example if they took part in design or construction of that system, were employed in the previous 180 days by someone who did, have a financial interest in it, or are an elected official, officer or employee of a principal authority.
Mandatory program, Division C 1.10.2. The code itself creates a program for sewage systems near Lake Simcoe and in source protection areas where a system is a significant drinking water threat (OBC Div. C 1.10.2.3.OBC Div. C 1.10.2.3. Maintenance Inspection Program(1) Subject to Article 1.10.2.5., an inspector shall inspect all sewage systems located in whole or in part in the areas set out in Sentence (2) for compliance with the requirements of Section 8.9. of Division B. (2) The areas referred to in Sentence (1) are: (a) the strip of land that is located along the Lake Simcoe…). The principal authority with jurisdiction must run it (OBC Div. C 1.10.2.2.OBC Div. C 1.10.2.2. Administration of Maintenance Inspection Program(1) The principal authority that has jurisdiction in an area affected by the maintenance inspection program established under Sentence 1.10.2.3.(1) shall administer the program for that area and shall conduct inspections under the program in accordance with this Subsection.).
| Area | Key numbers |
|---|---|
| Lake Simcoe shoreline strip | 100 m wide, upland from the shoreline |
| Rivers, streams and connected lakes in the watershed | 100 m strip |
| Other lakes or ponds in the watershed | surface area greater than 8 hectares |
| First inspection | within five years after construction (or after publication of the source protection approval, for older systems in threat areas) |
| Repeat inspections | every five years after the most recent one |
The timing rules are in OBC Div. C 1.10.2.4.OBC Div. C 1.10.2.4. Time Periods for Maintenance Inspections(1) An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area described in Clause 1.10.2.3.(2)(a), (a) initially, no later than five years after the construction of the sewage system, and (b) thereafter, every five years after the most recent inspection of the…. The same owner certificate alternative applies to the mandatory program (OBC Div. C 1.10.2.5.OBC Div. C 1.10.2.5. Certificate as Alternative to Maintenance Inspection(1) The principal authority that administers the maintenance inspection program established under Sentence 1.10.2.3.(1), may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.2.3.(1), accept a certificate described in Sentence (2) from the owner of the property on which the…).
Common traps
- Who makes which order. Unsafe order: an inspector. Emergency order and the prohibition of occupancy: the CBO.
- Court confirmation is needed only for emergency orders, and the court's ruling is final.
- "Effective from posting" applies to the 15.9(6)(a) prohibition order, not to the original unsafe order.
- Sewage systems can be unsafe simply by not being operated or maintained under the Act and code.
- Certificate signers. A municipal employee cannot sign the owner's maintenance certificate.
- Five-year cycle for the Division C 1.10.2 program; 100 m strips; lakes over 8 hectares.
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 and unsafe orders
A sewage system is also unsafe "if it is not maintained or operated in accordance with this Act and the building code" (s. 15.9(3)).
- Emergency orders where there is immediate danger
Where on inspection "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…
- Maintenance inspection programs (Act and Division C 1.10)
Discretionary programs, Division C 1.10.1. A principal authority may set up its own sewage system program by by-law.
Usual exam traps
- Who makes which order. Unsafe order: an inspector. Emergency order and the prohibition of occupancy: the CBO.
- Court confirmation is needed only for emergency orders, and the court's ruling is final.
- "Effective from posting" applies to the 15.9(6)(a) prohibition order, not to the original unsafe order.
- Sewage systems can be unsafe simply by not being operated or maintained under the Act and code.
- Certificate signers. A municipal employee cannot sign the owner's maintenance certificate.
- Five-year cycle for the Division C 1.10.2 program; 100 m strips; lakes over 8 hectares.
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 2024 Building Code Compendium on ontario.ca.
© King's Printer for Ontario, 2024. Reproduced with permission.
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”)
OBC Div. C 1.10.1.2. Application and Inspections
Open OBC Div. C 1.10.1.2. in the code viewer(1)A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall apply to all sewage systems in the area affected by the maintenance inspection program.
(2)A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall provide that, subject to Article 1.10.1.3., an inspector shall inspect all sewage systems affected by the maintenance inspection program for compliance with the standards prescribed under clause 34(2)(b) of the Act in relation to sewage systems that are enforced by the program.
OBC Div. C 1.10.1.3. Certificate as Alternative to Maintenance Inspection
Open OBC Div. C 1.10.1.3. in the code viewer(1)A principal authority that establishes a maintenance inspection program in respect of sewage systems may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.1.2.(2) accept a certificate described in Sentence (2) from the owner of the property on which the sewage system is located.
(2)The certificate referred to in Sentence (1) shall,
(a)be in a form approved by the Minister,
(b)be signed by a person described in Sentence (3), and
(c)confirm that the person,
(i)has conducted an inspection of the sewage system to which the certificate relates, and
(ii)is satisfied on reasonable grounds that, on the date on which the certificate is signed, the sewage system to which the certificate relates is in compliance with the standards prescribed under clause 34(2)(b) of the Act in relation to sewage systems that are enforced by the maintenance inspection program.
(3)Subject to Sentence (4), the following persons are authorized to sign a certificate referred to in Sentence (1):
(a)a person registered under Article 3.2.4.2. in the class of registration set out in Column 1 of Item 10 of Table 3.5.2.1.,
(b)a person registered under Article 3.3.3.2.,
(c)an architect,
(d)a professional engineer.
(4)A person shall not sign a certificate referred to in Sentence (1) if the person would be in a conflict of interest.
(5)For the purposes of Sentence (4), a person would be in a conflict of interest if the person, or an officer, director, partner or employee of the person (where the person is a corporation or partnership), or any person engaged by the person to perform functions for the person,
(a)has participated or participates, in any capacity, in design activities or construction relating to any part of the sewage system to which the certificate relates,
(b)is or has been employed within the previous 180 days by a person who carried out design activities or construction relating to any part of the sewage system to which the certificate relates,
(c)has a professional or financial interest in,
(i)the construction of the sewage system to which the certificate relates,
(ii)the sewage system to which the certificate relates, or
(iii)the person responsible for the design of the sewage system to which the certificate relates, or
(d)is an elected official, officer or employee of a principal authority.
OBC Div. C 1.10.2.3. Maintenance Inspection Program
Open OBC Div. C 1.10.2.3. in the code viewer(1)Subject to Article 1.10.2.5., an inspector shall inspect all sewage systems located in whole or in part in the areas set out in Sentence (2) for compliance with the requirements of Section 8.9. of Division B.
(2)The areas referred to in Sentence (1) are:
(a)the strip of land that is located along the Lake Simcoe shoreline and that is 100 m wide measured horizontally and perpendicular to and upland from the Lake Simcoe shoreline, except for the portions of the strip of land that are described in Sentence (3),
(b)portions of the strip of land along the Lake Simcoe shoreline described in Sentence (3),
(c)the strip of land that is located along each of the following rivers, streams, lakes or ponds and that is 100 m wide measured horizontally and perpendicular to and upland from the river, stream, lake or pond,
(i)any river or stream in the Lake Simcoe watershed that continually flows in an average year,
(ii)any lake or pond in the Lake Simcoe watershed that is connected on the surface to a river or stream described in Subclause (i), and
(iii)any other lake or pond in the Lake Simcoe watershed that has a surface area greater than 8 hectares, and
(d)areas within a vulnerable area that are located in a source protection area and that are identified in the most recent of the following documents as the areas where an activity described in Sentence (4) is or would be a significant drinking water threat:
(i)the assessment report for the source protection area, as initially approved under the Clean Water Act, 2006 or as most recently approved following any updating under that Act, or
(ii)the source protection plan for the source protection area, as initially approved under the Clean Water Act, 2006 or as most recently approved following any amendments or reviews under that Act.
(3)The excepted portions of the strip of land along the Lake Simcoe shoreline referred to in Clause (2)(a) are:
(a)that portion of the strip of land in the geographic Township of Oro, now in the municipal Township of Oro-Medonte, in the County of Simcoe, and in the geographic Townships of Innisfil and Vespra, now in the City of Barrie, being bounded on the north by the east limit of Lot 1, Concession 1 East Penetanguishene Road of the said geographic Township of Oro and its southerly prolongation and on the south by the east limit of Lot 14, Concession 13 of the said geographic Township of Innisfil and its northerly prolongation,
(b)that portion of the strip of land in the geographic Townships of North Gwillimbury and Georgina, now in the Town of Georgina, and in the geographic Township of East Gwillimbury, now in the Town of East Gwillimbury, all in The Regional Municipality of York, being bounded on the west by the west limit of Lot 6, Concession 1 of the said geographic Township of North Gwillimbury and its northerly prolongation and on the east by the east limit of Lot 3, Concession 8 of the said geographic Township of Georgina and its northerly prolongation, and
(c)that portion of the strip of land in the geographic Township of Mara, now in the municipal Township of Ramara, in the County of Simcoe, and in the geographic Township of Thorah, now in the municipal Township of Brock, in The Regional Municipality of Durham, being bounded on the north by the west limit of Lot 13, Concession C of the said geographic Township of Mara and its southerly prolongation and on the south by the west limit of Lot 14, Concession 6 of the said geographic Township of Thorah and its northerly prolongation.
(4)The activity referred to in Clause (2)(d) is an activity that is subject to the Act and that is described in paragraph 2 of subsection 1.1(1) of Ontario Regulation 287/07 (General) made under the Clean Water Act, 2006.
OBC Div. C 1.10.2.2. Administration of Maintenance Inspection Program
Open OBC Div. C 1.10.2.2. in the code viewer(1)The principal authority that has jurisdiction in an area affected by the maintenance inspection program established under Sentence 1.10.2.3.(1) shall administer the program for that area and shall conduct inspections under the program in accordance with this Subsection.
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OBC Div. C 1.10.2.4. Time Periods for Maintenance Inspections
Open OBC Div. C 1.10.2.4. in the code viewer(1)An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area described in Clause 1.10.2.3.(2)(a),
(a)initially, no later than five years after the construction of the sewage system, and
(b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.
(2)An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area described in Clause 1.10.2.3.(2)(b) or (c),
(a)initially, no later than five years after the construction of the sewage system, and
(b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.
(3)An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area affected by a significant drinking water threat,
(a)initially, no later than,
(i)five years after the date on which notice of the approval of one of the following documents is published on the environmental registry under the Clean Water Act, 2006, in the case of a sewage system constructed before the date of publication,
(A) the assessment report for the source protection area, if the source protection plan is one prepared under section 22 of the Clean Water Act, 2006, or
(B) the source protection plan for the source protection area, if the source protection plan is one prepared under section 26 or 33 of the Clean Water Act, 2006, or
(ii)five years after the construction of the sewage system, in the case of a sewage system constructed on or after the date of publication, and
(b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.
(4)If additional areas affected by a significant drinking water threat are identified for a source protection area after the date of publication referred to in Clause (3)(a), an inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in those additional areas,
(a)initially, no later than,
(i)five years after the following date of approval or publication, as applicable, in the case of a sewage system constructed before that date,
(A) the date of approval under section 19 of the Clean Water Act, 2006 of the updated assessment report in which the additional areas are identified, or
(B) the date of publication on the environmental registry under the Clean Water Act, 2006 of notice of the approval of the amended or updated source protection plan in which the additional areas are identified, or
(ii)five years after the construction of the sewage system, in the case of a sewage system constructed on or after the date of approval or publication, as applicable, and
(b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.
OBC Div. C 1.10.2.5. Certificate as Alternative to Maintenance Inspection
Open OBC Div. C 1.10.2.5. in the code viewer(1)The principal authority that administers the maintenance inspection program established under Sentence 1.10.2.3.(1), may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.2.3.(1), accept a certificate described in Sentence (2) from the owner of the property on which the sewage system is located.
(2)The certificate required by Sentence (1) shall satisfy the requirements of Sentence 1.10.1.3.(2) and for these purposes Sentences 1.10.1.3.(3) to (5) apply with necessary modifications.