Disputes, appeals, authorizations and rulings (Powers and Duties of Chief Building Officials)

Last updated October 22, 2026

Values this chapter turns on

to appeal a CBO order or decision to court: 20 days; to appeal a CBO order or decision to court
for a Commission hearing on timing disputes: 5 days; for a Commission hearing on timing disputes
Building Code Commission application fee: $212; Building Code Commission application fee
quorum of the Building Code Commission: 3 members; quorum of the Building Code Commission

When an applicant, permit holder or person under an order disagrees with a chief building official, the Act gives several routes: an internal review by the CBO, a technical hearing before the Building Code Commission, an appeal to the Superior Court of Justice and a further appeal to the Divisional Court. Separate bodies approve new materials and interpret the code. This chapter also covers how notices and orders are served, and how alternative solutions are documented. A few subsections are outside this exam's syllabus: 24(8) and (9), 26(2), 28.1(4), 29(2) and (8), and Division C 2.2.1.1., 2.2.1.2. and 2.3.

Review of orders and the Building Code Commission

The CBO "may review and amend or rescind an order made by an inspector" and may exercise any power or duty of an inspector (BCA s. 22). This is the CBO's own quality control; it is not a formal appeal.

The Building Code Commission is appointed by the Lieutenant Governor in Council (BCA s. 23). Not eligible: 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 with an RCA. Division C 2.2.1.4. names those relationships: being a registered RCA, being an officer, director, partner or employee of one, or being engaged by one to perform functions under the Act. Three members are a quorum.

BCA s. 24 lists three kinds of dispute the Commission hears:

Clause	Parties	Issue	Commission may
24(1)(a)	applicant, permit holder or person given an order vs CBO, RCA or inspector	sufficiency of compliance with the technical requirements of the code	substitute its opinion
24(1)(b)	applicant vs CBO	whether the CBO met s. 8(2.2) (decision time) or s. 8(2.3) (reasons)	require compliance with that subsection
24(1)(c)	permit holder vs CBO, RCA or inspector	whether the s. 10.2(2) inspection was done in time	require compliance

A party applies; the Commission holds a hearing with notice. For (b) and (c) disputes the hearing must be held within the prescribed period: Division C 2.2.1.3. says not more than five days after the Commission receives the application, counting from the next day and excluding Saturdays, holidays and days provincial offices are closed (OBC Div. C 2.2.1.3.). The application fee is $212 for 2025 onward (OBC Div. C 2.2.1.5.). The decision "is final". Members may not investigate the matter beforehand or talk to one side alone, though they may get independent advice if its nature is disclosed to the parties.

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Appeals and service

Any person "who considers themself aggrieved" by an order or decision of the CBO, an RCA or an inspector may appeal to the Superior Court of Justice "within 20 days after the order or decision is made" (BCA s. 25). The one exception: a decision under s. 8(3) not to issue a conditional permit.

Key appeal rules:

A judge may extend the 20 days, before or after it runs out, if there are reasonable grounds for the appeal and the extension.
Filing a court appeal on a matter pending before the Commission terminates the Commission proceeding.
The judge may affirm or rescind and take any action the official ought to take, substituting their own opinion.
The judge may refer a technical question to the Commission for a hearing and report.
An appeal does not stay the order, but a judge may stay it on just terms.

A party may appeal the judge's decision to the Divisional Court on any question "that is not a question of fact alone" (BCA s. 26). The Divisional Court may confirm or alter, direct the official to act, send the matter back, or substitute its opinion.

Service (BCA s. 27):

Method	Deemed served
Personal	no deeming rule needed
Registered mail to last known address or agent for service	the fifth day after mailing
Email to last known email address	the day sent; if sent after 5 p.m., the next day

For mail and email, the person can show that, acting in good faith, through absence, accident, illness or other unintentional cause, they received it later.

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BMEC, binding interpretations and Minister's rulings

The Building Materials Evaluation Commission may research materials and designs, authorize "any innovative material, system or building design" on application, and recommend code changes to the Minister (BCA s. 28). Use as authorized is deemed not to contravene the code. It may not act on a product that the Canadian Construction Materials Centre has examined or intends to examine.

The Minister may issue a written interpretation of any code provision that binds everyone exercising powers under the Act and everyone subject to it (BCA s. 28.1). It is not a regulation, and Division C 2.4.3.1. requires posting on the Building Code website and a written copy on request (OBC Div. C 2.4.3.1.).

Minister's rulings under BCA s. 29 may adopt amendments to documents referenced in the code, or approve alternative materials, systems and designs that will achieve the required level of performance. A ruling is not a regulation, must be published in The Ontario Gazette, and applies across Ontario unless it says otherwise. A ruling under clause 29(1)(c) prevails over a conflicting BMEC authorization. Under OBC Div. C 2.4.2.1., approval must be consistent with a Commission decision on a technical dispute, an approval for the whole of another province or territory, or a revision to the national building or plumbing code approved by the Canadian Commission on Building and Fire Codes.

If the Minister believes there is or may be a failure in construction standards or in enforcement, the Minister may designate a person to conduct an inquiry (BCA s. 30).

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Alternative solutions

Division C Part 2 applies to all buildings (OBC Div. C 2.0.1.1.). A person proposing an alternative solution gives the CBO or RCA documentation that identifies the applicable objectives, functional statements and acceptable solutions, and shows by past performance, tests or other evaluation that the solution achieves the required performance level (OBC Div. C 2.1.1.1.). It must include assumptions, limiting factors, test procedures and any commissioning, operation and maintenance needs. If no published test method exists, tests must simulate or exceed service conditions or compare against a known acceptable material (OBC Div. C 2.1.1.2.).

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Worked scenarios

Deemed service by email. An order is emailed at 6:30 p.m. on a Thursday. Service is deemed on Friday. The 20-day appeal period, however, runs from when the order "is made", not when it is served.

Missed permit deadline. A complete house application has sat for 14 business days with no decision. The applicant applies to the Commission under clause 24(1)(b). The hearing must be held within five days after the application is received, and the Commission may order the CBO to decide.

Two forums. A builder has a beam-size dispute before the Commission, then files a court appeal on the same order. The Commission proceeding ends; the judge may still refer the technical question back to the Commission for a report.

Common traps

The Commission decides technical code compliance and two timing duties; it does not hear zoning or fee disputes.
Court appeal: 20 days, Superior Court of Justice; further appeal: Divisional Court, not on facts alone.
Appeals do not automatically stay orders.
BMEC authorizes; the Minister rules; a ruling beats a BMEC authorization.

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 orders and the Building Code Commission	The CBO "may review and amend or rescind an order made by an inspector" and may exercise any power or duty of an inspector.
Appeals and service	Any person "who considers themself aggrieved" by an order or decision of the CBO, an RCA or an inspector may appeal to the Superior Court of Justice "within 20 days after the…
BMEC, binding interpretations and Minister's rulings	The Building Materials Evaluation Commission may research materials and designs, authorize "any innovative material, system or building design" on application, and recommend code…
Alternative solutions	Division C Part 2 applies to all buildings.

Review of orders and the Building Code Commission
The CBO "may review and amend or rescind an order made by an inspector" and may exercise any power or duty of an inspector.
Appeals and service
Any person "who considers themself aggrieved" by an order or decision of the CBO, an RCA or an inspector may appeal to the Superior Court of Justice "within 20 days after the…
BMEC, binding interpretations and Minister's rulings
The Building Materials Evaluation Commission may research materials and designs, authorize "any innovative material, system or building design" on application, and recommend code…
Alternative solutions
Division C Part 2 applies to all buildings.

Usual exam traps

The Commission decides technical code compliance and two timing duties; it does not hear zoning or fee disputes.
Court appeal: 20 days, Superior Court of Justice; further appeal: Divisional Court, not on facts alone.
Appeals do not automatically stay orders.
BMEC authorizes; the Minister rules; a ruling beats a BMEC authorization.

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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
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
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

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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.)
Open OBC Div. C 2.0.1.1. 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.
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