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Values this chapter turns on
- minimum notice of a public meeting on fees
- 21 days
- minimum notice of a public meeting on fees
- interval for the fee and cost report
- 12 months
- interval for the fee and cost report
- of the code of conduct for CBOs and inspectors
- 3 purposes
- of the code of conduct for CBOs and inspectors
- prescribed to enforce sewage system rules
- 6 bodies
- prescribed to enforce sewage system rules
Sections 2 to 7.1 answer the question "who enforces the Act here, and under what rules?" A chief building official needs to know where their own appointment comes from, when another body takes over plumbing or sewage systems, when a registered code agency (RCA) can step in, and what the principal authority must do before it charges fees. Expect questions that name a body and ask whether it has jurisdiction, who appoints whom, and who signs the certificate of appointment.
Municipal enforcement, records and joint enforcement
The Minister administers the Act, and a director of the Building and Development Branch is appointed by the Lieutenant Governor in Council (BCA s. 2BCA s. 2 Administration(1) The Minister is responsible for the administration of this Act. (2) There shall be a director of the Building and Development Branch of the Ministry of Municipal Affairs and Housing who is appointed by the Lieutenant Governor in Council for the purposes of this Act. (3) The director may designate in writing a…). The director may designate a public servant to act in their absence and may delegate powers in writing.
In a municipality, the council "is responsible for the enforcement of this Act in the municipality" and "shall appoint a chief building official and such inspectors as are necessary" (BCA s. 3BCA s. 3 Enforcement by municipalities(1) The council of each municipality is responsible for the enforcement of this Act in the municipality, except where otherwise provided by this Act. (2) The council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of this Act in the areas in which…). Options for sharing the load:
| Arrangement | Section | Effect |
|---|---|---|
| Two or more municipalities agree | s. 3(3), (4) | joint enforcement, shared costs, one CBO and inspectors; joint jurisdiction over the combined area |
| Upper-tier and one or more lower-tiers agree | s. 3(5), (6) | the upper-tier enforces in the parties' areas and must appoint a CBO and inspectors |
| Municipality and the Crown agree | s. 4(2), (3) | Ontario enforces in the municipality |
| Crown and a municipality agree for unorganized territory | s. 5 | the municipality enforces in the designated area, for all or part of the Act or code |
The clerk of the municipality or upper-tier issues each certificate of appointment, bearing the clerk's signature or a facsimile (s. 3(8)). Every municipality and upper-tier with jurisdiction must keep the prescribed records for the prescribed period (s. 3(9)).
Boards of health, conservation authorities and provincial enforcement
Under BCA s. 3.1BCA s. 3.1 Enforcement, boards of health(1) A board of health, a planning board or a conservation authority prescribed in the building code is responsible for the enforcement of the provisions of this Act and the building code related to sewage systems in the municipalities and territory without municipal organization prescribed in the building code. (2)…, a board of health, planning board or conservation authority prescribed in the code enforces the sewage system provisions in the prescribed areas. Division C Table 1.7.1.1. lists them, mainly northern health units and the North Bay-Mattawa Conservation Authority (OBC Div. C 1.7.1.1.OBC Div. C 1.7.1.1. General(1) The boards of health and conservation authorities listed in Column 1 of Table 1.7.1.1. are prescribed, for the purposes of subsection 3.1(1) of the Act, as the boards of health and conservation authorities that are responsible for the enforcement of the provisions of the Act and this Code related to sewage systems…). The body appoints sewage system inspectors; the inspector (or the designated one, if several) has the CBO's powers for sewage systems. Once those inspectors are appointed, the municipal CBO and inspectors "shall not exercise their powers" for sewage systems (s. 3.1(5)). Certificates of appointment are issued by the medical officer of health or the secretary-treasurer of the planning board or conservation authority.
Ontario enforces the Act in territory without municipal organization, subject to s. 3.1 (BCA s. 4BCA s. 4 Provincial enforcement(1) Subject to section 3.1, Ontario is responsible for the enforcement of this Act in a territory without municipal organization. (2) The council of a municipality and the Crown in right of Ontario represented by the Minister may enter into an agreement providing for the enforcement of this Act in the municipality by…). The Deputy Minister appoints the inspectors and signs their certificates, and "The director is the chief building official for the areas in which Ontario has jurisdiction."
Registered code agency appointments
Two routes exist.
By a principal authority (s. 4.1). The principal authority enters an agreement with an RCA, then appoints it for specified functions on a building or class of buildings (BCA s. 4.1BCA s. 4.1 Enforcement by registered code agency appointed by a principal authority(1) Subject to this Act and the building code, a principal authority may enter into agreements with registered code agencies authorizing the agency to perform the functions specified in the agreement in respect of the construction of any building or class of building specified in the agreement. (2) After entering into…). It may delegate the power to appoint to the CBO, in writing, with conditions. Unless the code says otherwise, the appointment can cover functions before the permit, after the permit, or both (s. 4.1(4)). The principal authority gives the director prescribed information.
By the applicant (s. 4.2). This route works only if the principal authority authorizes it by regulation, by-law or resolution (BCA s. 4.2BCA s. 4.2 Enforcement by registered code agency appointed by an applicant(1) This section applies only if a principal authority authorizes it, by regulation, by-law or resolution, as the case may be, to apply within the jurisdiction of the principal authority. (2) Subject to this Act and the building code, a prescribed person who is entitled to apply for a permit under section 8 of this…). A prescribed person entitled to apply for a permit may then appoint an RCA to perform all the s. 15.15 functions. It is not available if the principal authority has already appointed an RCA for the construction, or if an inspector has begun any function. Once the RCA has begun work, the appointer cannot replace it unless the appointment has expired or been terminated. The appointer gives prescribed information to both the director and the CBO.
In both routes the RCA must refuse an appointment that would put it in a conflict of interest, and its duty runs from appointment to expiry (s. 15.19) or termination (s. 15.20).
Agreements: plans review, plumbing and sewage
BCA s. 6BCA s. 6 Agreement re review of plans(1) Two or more principal authorities may enter into an agreement providing for, (a) the review by a principal authority for compliance with the building code of plans and specifications for the construction of a building within its area of jurisdiction; (b) an expedited review by another principal authority for… lets two or more principal authorities agree on plans review, including expedited review of "substantially similar buildings", allocation of review work, resolving disagreements and indemnification. The principal authority may delegate decisions under the agreement to the CBO.
Plumbing (BCA s. 6.1BCA s. 6.1 Agreement re plumbing(1) Despite any other provision of this Act, the council of an upper-tier municipality and of one or more municipalities in the upper-tier municipality may enter into an agreement for the enforcement by the upper-tier municipality of the provisions of this Act and the building code related to plumbing in the…) and sewage systems (BCA s. 6.2BCA s. 6.2 Agreement re sewage systems(1) Despite any other provision of this Act, the council of an upper-tier municipality and of one or more municipalities in the upper-tier municipality may enter into an agreement for the enforcement by the upper-tier municipality of the provisions of this Act and the building code related to sewage systems in the…) can be carved out:
| Topic | Who can take it over | CBO-equivalent | Limit |
|---|---|---|---|
| Plumbing | upper-tier by agreement; may delegate to a board of health; or a non-party municipality agrees with the board of health | the plumbing inspector, or the senior plumbing inspector | same powers as the CBO "other than the issuance of conditional permits" |
| Sewage systems | upper-tier by agreement; or a non-party municipality agrees with a board of health or conservation authority | the sewage system inspector, or the one designated | same powers as the CBO for sewage systems |
In both cases, once those inspectors are appointed, the municipal CBO and inspectors stop exercising powers in that field. Sections 3(8), 3(9) and 7 apply with necessary modifications to the body that takes over.
By-laws, fees and the code of conduct
Under BCA s. 7BCA s. 7 By-laws, resolutions, regulations(1) The council of a municipality or of an upper-tier municipality that has entered into an agreement under subsection 3 (5) or a board of health prescribed for the purposes of section 3.1 may pass by-laws, a planning board prescribed for the purposes of section 3.1 may pass resolutions and a conservation authority…, the council (or an upper-tier with a s. 3(5) agreement or a prescribed board of health, by by-law; a prescribed planning board, by resolution; a prescribed conservation authority or the Minister, by regulation) may provide for classes of permits, application contents, fees, interest on late fees, refunds, extra inspection notices under clause (1)(e), forms, as constructed plans under clause (1)(g), permit transfers on a change of ownership, and construction site fences.
Fee rules the CBO must work within:
- Total fees must not exceed "the anticipated reasonable costs" of administering and enforcing the Act (s. 7(2)).
- Fees must be reduced where an RCA is appointed under s. 4.2 (s. 7(3)).
- Every 12 months the principal authority prepares a fee and cost report and makes it public (s. 7(4), (5)).
- Before changing a fee: notice to prescribed persons and a public meeting (s. 7(6)); Division C 1.9.1.2. requires at least 21 days' notice.
The principal authority must establish and enforce a code of conduct for the CBO and inspectors and bring it to the public's attention (BCA s. 7.1BCA s. 7.1 Code of conduct(1) A principal authority shall establish and enforce a code of conduct for the chief building official and inspectors. (2) The following are the purposes of a code of conduct: 1. To promote appropriate standards of behaviour and enforcement actions by the chief building official and inspectors in the exercise of a…). Its three purposes are appropriate behaviour and enforcement actions, preventing abuse of power, and honesty and integrity. It must include enforcement, procedures for allegations and possible discipline.
Worked scenarios
Health unit takes over septics. A township lies in a health unit listed in Table 1.7.1.1. A homeowner asks the township CBO for a septic permit. The township CBO should redirect the applicant: the health unit's sewage system inspectors enforce sewage provisions there, and the township officials may not exercise those powers.
Applicant wants their own RCA. A developer asks to appoint an RCA under s. 4.2 after a municipal plans examiner has started reviewing the drawings. Even if council has authorized s. 4.2, the appointment is not available, because an inspector has begun a function.
Plumbing conditional permit. A county plumbing inspector acting under s. 6.1 is asked for a conditional permit for underground plumbing. The plumbing inspector cannot issue it; conditional permits are carved out of their powers.
Common traps
- The CBO is appointed by council, not by the clerk; the clerk only issues the certificate.
- In unorganized territory the director, not a Deputy Minister, is the CBO.
- Section 4.2 is off unless the principal authority switches it on.
- The code of conduct is the principal authority's duty, not the CBO's.
- A fee by-law needs reduced fees for s. 4.2 RCA projects, not for s. 4.1 appointments.
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.
- Municipal enforcement, records and joint enforcement
The Minister administers the Act, and a director of the Building and Development Branch is appointed by the Lieutenant Governor in Council.
- Boards of health, conservation authorities and provincial enforcement
Under, a board of health, planning board or conservation authority prescribed in the code enforces the sewage system provisions in the prescribed areas.
- Registered code agency appointments
By a principal authority (s. 4.1).
- Agreements: plans review, plumbing and sewage
In both cases, once those inspectors are appointed, the municipal CBO and inspectors stop exercising powers in that field.
- By-laws, fees and the code of conduct
Under, the council (or an upper-tier with a s. 3(5) agreement or a prescribed board of health, by by-law; a prescribed planning board, by resolution; a prescribed conservation…
Usual exam traps
- The CBO is appointed by council, not by the clerk; the clerk only issues the certificate.
- In unorganized territory the director, not a Deputy Minister, is the CBO.
- Section 4.2 is off unless the principal authority switches it on.
- The code of conduct is the principal authority's duty, not the CBO's.
- A fee by-law needs reduced fees for s. 4.2 RCA projects, not for s. 4.1 appointments.
Practice this chapter
Questions on Enforcement authorities, 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. 2 Administration
Open BCA s. 2 in the code viewer(1)The Minister is responsible for the administration of this Act.
(2)There shall be a director of the Building and Development Branch of the Ministry of Municipal Affairs and Housing who is appointed by the Lieutenant Governor in Council for the purposes of this Act.
(3)The director may designate in writing a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry of Municipal Affairs and Housing to exercise the powers and perform the duties of the director in his or her absence or if he or she is unable to act.
(4)The director may delegate in writing any of his or her powers or duties to one or more public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry of Municipal Affairs and Housing, and may impose conditions or restrictions with respect to the delegation.
BCA s. 3 Enforcement by municipalities
Open BCA s. 3 in the code viewer(1)The council of each municipality is responsible for the enforcement of this Act in the municipality, except where otherwise provided by this Act.
(2)The council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of this Act in the areas in which the municipality has jurisdiction.
(2.1)Repealed:
(3)The councils of two or more municipalities may enter into an agreement,
(a)providing for the joint enforcement of this Act within their respective municipalities;
(b)providing for the sharing of costs incurred in the enforcement of this Act within their respective municipalities; and
(c)providing for the appointment of a chief building official and inspectors.
(4)If an agreement under subsection (3) is in effect, the municipalities have joint jurisdiction in the area comprising the municipalities.
(5)The council of an upper-tier municipality and of one or more municipalities in the upper-tier municipality may enter into an agreement for the enforcement by the upper-tier municipality of this Act in the municipalities and for charging the municipalities the whole or part of the cost.
(6)If an agreement under subsection (5) is in effect, the upper-tier municipality has jurisdiction for the enforcement of this Act in the municipalities that are parties to the agreement and shall appoint a chief building official and such inspectors as are necessary for that purpose.
(7)Repealed:
(8)The clerk of the municipality or upper-tier municipality shall issue a certificate of appointment bearing the clerk’s signature or a facsimile of it to the chief building official and each inspector appointed by the municipality or upper-tier municipality.
(9)Every municipality and every upper-tier municipality that has jurisdiction for the enforcement of this Act shall retain such records as may be prescribed by regulation for the prescribed period of time.
BCA s. 3.1 Enforcement, boards of health
Open BCA s. 3.1 in the code viewer(1)A board of health, a planning board or a conservation authority prescribed in the building code is responsible for the enforcement of the provisions of this Act and the building code related to sewage systems in the municipalities and territory without municipal organization prescribed in the building code.
(2)The board of health, planning board or conservation authority shall appoint such sewage system inspectors as are necessary for the enforcement of this Act in the areas in which the board of health, planning board or conservation authority has jurisdiction under subsection (1).
(3)A sewage system inspector appointed under this section in an area of jurisdiction or, if there is more than one inspector in the area of jurisdiction, the inspector designated by the board of health, planning board or conservation authority has the same powers and duties in relation to sewage systems as does the chief building official in respect of buildings.
(4)A board of health, planning board or conservation authority prescribed for the purposes of subsection (1) has jurisdiction for the enforcement of this Act in the prescribed municipalities and territory without municipal organization.
(5)If sewage system inspectors have been appointed under this section, the chief building official and inspectors appointed under section 3 or 4 shall not exercise their powers under this Act in respect of sewage systems.
(6)The medical officer of health or the secretary-treasurer of a planning board or conservation authority shall issue a certificate of appointment bearing his or her signature, or a facsimile of it, to each sewage system inspector appointed by the board of health, planning board or conservation authority.
(7)Every board of health, planning board and conservation authority prescribed for the purposes of subsection (1) shall retain such records as may be prescribed by regulation for the prescribed period of time.
OBC Div. C 1.7.1.1. General
Open OBC Div. C 1.7.1.1. in the code viewer(1)The boards of health and conservation authorities listed in Column 1 of Table 1.7.1.1. are prescribed, for the purposes of subsection 3.1(1) of the Act, as the boards of health and conservation authorities that are responsible for the enforcement of the provisions of the Act and this Code related to sewage systems in the municipalities and territory without municipal organization prescribed in Column 2 of Table 1.7.1.1.
BCA s. 4 Provincial enforcement
Open BCA s. 4 in the code viewer(1)Subject to section 3.1, Ontario is responsible for the enforcement of this Act in a territory without municipal organization.
(2)The council of a municipality and the Crown in right of Ontario represented by the Minister may enter into an agreement providing for the enforcement of this Act in the municipality by Ontario subject to such payment in respect of costs as is set out in the agreement.
(3)If an agreement under subsection (2) is in effect, Ontario has jurisdiction for the enforcement of this Act in the municipality.
(4)The Deputy Minister of Municipal Affairs and Housing shall appoint inspectors necessary for the enforcement of this Act in the areas in which Ontario has jurisdiction.
(5)The director is the chief building official for the areas in which Ontario has jurisdiction.
(6)The Deputy Minister of Municipal Affairs and Housing shall issue a certificate of appointment bearing his or her signature or a facsimile of it to the director and each inspector appointed under subsection (4).
BCA s. 4.1 Enforcement by registered code agency appointed by a principal authority
Open BCA s. 4.1 in the code viewer(1)Subject to this Act and the building code, a principal authority may enter into agreements with registered code agencies authorizing the agency to perform the functions specified in the agreement in respect of the construction of any building or class of building specified in the agreement.
(2)After entering into the agreement with the registered code agency, the principal authority may appoint the agency to perform specified functions in respect of the construction of a building or class of buildings.
(3)The principal authority may delegate, in writing, to the chief building official the authority to make appointments described in subsection (2), and may impose conditions or restrictions with respect to the delegation.
(4)Unless otherwise provided in the building code, an appointment of a registered code agency may authorize the agency to perform all of the applicable functions described in section 15.15,
(a)before a permit is issued under section 8;
(b)after a permit is issued under section 8; or
(c)both before and after a permit is issued under section 8.
(5)A registered code agency shall not accept an appointment in the circumstances set out in the building code or if it would have a conflict of interest as determined in accordance with the building code.
(6)A registered code agency shall perform the functions specified in the appointment for the construction of a specified building or class of buildings and subject to the restrictions set out in this Act and the building code, and shall do so in the manner and subject to the restrictions, if any, set out in the building code.
(7)The duty of the registered code agency to perform those functions begins when the appointment is made and ends when the appointment expires as described in section 15.19 or is terminated in accordance with section 15.20.
(8)A principal authority that appoints a registered code agency shall give the director such information as may be prescribed by regulation.
BCA s. 4.2 Enforcement by registered code agency appointed by an applicant
Open BCA s. 4.2 in the code viewer(1)This section applies only if a principal authority authorizes it, by regulation, by-law or resolution, as the case may be, to apply within the jurisdiction of the principal authority.
(2)Subject to this Act and the building code, a prescribed person who is entitled to apply for a permit under section 8 of this Act may appoint a registered code agency to perform all of the functions described in section 15.15 in respect of the construction of a building.
(3)Subsection (2) does not apply,
(a)if a registered code agency has been appointed by a principal authority to perform any function in respect of the construction; or
(b)if an inspector has begun to perform any function in respect of the construction.
(4)The appointment must be made in writing in the prescribed manner and is subject to the prescribed conditions and restrictions.
(5)A registered code agency shall not accept an appointment in the circumstances set out in the building code or if it would have a conflict of interest as determined in accordance with the building code.
(6)A registered code agency shall perform its functions for the specified building subject to the restrictions set out in this Act and the building code and shall do so in the manner and subject to the restrictions, if any, set out in the building code.
(7)The duty of the registered code agency to perform those functions begins when the appointment is made and ends when the appointment expires as described in section 15.19 or is terminated in accordance with section 15.20.
(8)A person who has appointed a registered code agency under subsection (2) in respect of the construction of a building cannot replace the agency after it has begun to perform any function in respect of the construction unless the appointment of that agency has expired as described in section 15.19 or has been terminated in accordance with section 15.20.
(9)The person who appoints a registered code agency under this section shall give the director such information as may be prescribed by regulation.
(10)The person who appoints a registered code agency under this section shall give the chief building official such information as may be prescribed by regulation.
BCA s. 6 Agreement re review of plans
Open BCA s. 6 in the code viewer(1)Two or more principal authorities may enter into an agreement providing for,
(a)the review by a principal authority for compliance with the building code of plans and specifications for the construction of a building within its area of jurisdiction;
(b)an expedited review by another principal authority for compliance with the building code of plans and specifications for the construction of substantially similar buildings;
(c)the allocation of responsibility for reviews for compliance with the building code of plans and specifications for the construction of buildings;
(d)the resolution of disagreements about whether plans and specifications comply with the building code;
(e)indemnification; and
(f)such other matters as may be necessary to give effect to the agreement.
(2)A principal authority may delegate to the chief building official the authority to make such decisions under an agreement as may be necessary for its implementation.
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BCA s. 6.1 Agreement re plumbing
Open BCA s. 6.1 in the code viewer(1)Despite any other provision of this Act, the council of an upper-tier municipality and of one or more municipalities in the upper-tier municipality may enter into an agreement for the enforcement by the upper-tier municipality of the provisions of this Act and the building code related to plumbing in the municipalities and for charging the municipalities the whole or part of the cost.
(2)If an agreement under subsection (1) is in effect, the council of an upper-tier municipality may by agreement delegate its powers under subsection (1) to a board of health having jurisdiction in the municipalities that are parties to the agreement.
(3)A municipality that is not a party to an agreement under subsection (1) may enter into an agreement with the board of health having jurisdiction in the municipality for the enforcement of the provisions of this Act and the building code relating to plumbing.
(4)The council of an upper-tier municipality or the board of health may appoint plumbing inspectors for the purpose of this section.
(5)A plumbing inspector appointed under this section or, if there is more than one inspector in the area of jurisdiction, the senior plumbing inspector has the same powers and duties in relation to plumbing as does the chief building official in respect of buildings other than the issuance of conditional permits.
(6)If plumbing inspectors have been appointed under this section, the chief building official and inspectors appointed under section 3 or 4 shall not exercise their powers under this Act in respect of plumbing.
(7)Subsections 3 (8) and (9) and section 7 apply with necessary modifications to the council of an upper-tier municipality or a board of health that has assumed responsibility for plumbing under this section.
(8)If, on July 1, 1993, an upper-tier municipality was carrying out plumbing inspections under the Ontario Water Resources Act in the municipalities that formed part of the upper-tier municipality, the upper-tier municipality shall enforce the provisions of this Act and the building code related to plumbing in all of the municipalities forming part of the upper-tier municipality until the council of the upper-tier municipality by by-law determines otherwise, whereupon section 3 applies.
(9)Subsections (4) to (7) apply with necessary modifications to an upper-tier municipality that has assumed responsibility for plumbing under subsection (8).
(10)For the purpose of subsection (8), an upper-tier municipality that has been deemed to be a county by any general or special Act for the purposes of section 76 of the Ontario Water Resources Act, as it read on June 30, 1993, shall be deemed to be an upper-tier municipality that was carrying out plumbing inspections under the Ontario Water Resources Act in the municipalities that formed part of the upper-tier municipality for municipal purposes on July 1, 1993.
BCA s. 6.2 Agreement re sewage systems
Open BCA s. 6.2 in the code viewer(1)Despite any other provision of this Act, the council of an upper-tier municipality and of one or more municipalities in the upper-tier municipality may enter into an agreement for the enforcement by the upper-tier municipality of the provisions of this Act and the building code related to sewage systems in the municipalities and for charging the municipalities the whole or part of the cost.
(2)A municipality that is not a party to an agreement under subsection (1) may enter into an agreement with a board of health or a conservation authority having jurisdiction in the municipality for the enforcement of the provisions of this Act and the building code related to sewage systems.
(3)The council of an upper-tier municipality, board of health or conservation authority may appoint sewage system inspectors for the purposes of this section.
(4)A sewage system inspector appointed under this section in an area of jurisdiction or, if there is more than one inspector in the area of jurisdiction, the inspector designated by the council of an upper-tier municipality, board of health or conservation authority has the same powers and duties in relation to sewage systems as does the chief building official in respect of buildings.
(5)If sewage system inspectors have been appointed under this section, the chief building official and inspectors appointed under section 3 or 4 shall not exercise their powers under this Act in respect of sewage systems.
(6)Subsections 3 (8) and (9) and section 7 apply with necessary modifications to the council of an upper-tier municipality, board of health or conservation authority that has assumed responsibility for sewage systems under this section.
BCA s. 7 By-laws, resolutions, regulations
Open BCA s. 7 in the code viewer(1)The council of a municipality or of an upper-tier municipality that has entered into an agreement under subsection 3 (5) or a board of health prescribed for the purposes of section 3.1 may pass by-laws, a planning board prescribed for the purposes of section 3.1 may pass resolutions and a conservation authority prescribed for the purposes of section 3.1 or the Minister may make regulations, applicable to the matters for which and in the area in which the municipality, upper-tier municipality, board of health, planning board, conservation authority or the Province of Ontario, respectively, has jurisdiction for the enforcement of this Act,
(a)prescribing classes of permits under this Act, including permits in respect of any stage of construction or demolition;
(b)providing for applications for permits and requiring the applications to be accompanied by such plans, specifications, documents and other information as is prescribed;
(b.1) subject to the regulations made under subsection 34 (2.1), establishing and governing a program to enforce standards prescribed under clause 34 (2) (b), in addition to any programs established under subsection 34 (2.2);
(b.2) subject to the regulations made under subsection 34 (2.2), governing a program established under subsection 34 (2.2);
(c)requiring the payment of fees and prescribing the amounts of the fees,
(i)on application for and on issuance of permits,
(ii)for maintenance inspections,
(iii)for providing documentation, records or other information under section 15.10.4, and
(iv)for providing information under subsection 15.10.6 (2);
(c.1) requiring the payment of interest and other penalties, including payment of collection costs, when fees are unpaid or are paid after the due date;
(d)providing for refunds of fees under such circumstances as are prescribed;
(e)requiring a person specified in the building code to give notice to the chief building official or an inspector or to a registered code agency if one is appointed, of any of the stages of construction specified in the building code, in addition to the stages of construction prescribed under subsection 10.2 (1) and prescribing the period of time after such notice is given during which an inspection may be carried out;
(f)prescribing forms respecting permits and applications for permits and providing for their use;
(g)enabling the chief building official to require that a set of plans of a building or any class of buildings as constructed be filed with the chief building official on completion of the construction under such conditions as may be prescribed in the building code;
(h)providing for the transfer of permits when land changes ownership;
(i)requiring the person to whom a permit is issued to erect and maintain fences to enclose the site of the construction or demolition within such areas of the municipality as may be prescribed;
(j)prescribing the height and description of the fences required under clause (i).
(2)The total amount of the fees authorized under clause (1) (c) must not exceed the anticipated reasonable costs of the principal authority to administer and enforce this Act in its area of jurisdiction.
(3)A regulation, by-law or resolution establishing fees under subclause (1) (c) (i) must provide for reduced fees to be payable in respect of the construction of a building for which a registered code agency is appointed under section 4.2.
(4)Every 12 months, each principal authority shall prepare a report that contains such information as may be prescribed about any fees authorized under clause (1) (c) and costs of the principal authority to administer and enforce this Act in its area of jurisdiction.
(5)The principal authority shall make its report available to the public in the manner required by regulation.
(6)If a principal authority proposes to change any fee imposed under clause (1) (c), the principal authority shall,
(a)give notice of the proposed changes in fees to such persons as may be prescribed; and
(b)hold a public meeting concerning the proposed changes.
(7)The notice of proposed changes in fees must contain the prescribed information, including information about the public meeting, and must be given in the prescribed manner.
(8)The public meeting concerning proposed changes in fees must be held within the period specified by regulation before the regulation, by-law or resolution to implement the proposed changes is made.
(8.1)Section 398 of the Municipal Act, 2001 or section 264 of the City of Toronto Act, 2006, as the case may be, applies, with necessary modifications, to fees established by a municipality or local board under clause (1) (c) and, with the approval of the treasurer of a local municipality, to fees established under clause (1) (c) by a conservation authority whose area of jurisdiction includes any part of the local municipality.
(9)The power to prescribe forms under clause (1) (f) does not include the power to prescribe a form for a particular purpose where there is a form for that purpose prescribed in the building code or approved by the Minister.
BCA s. 7.1 Code of conduct
Open BCA s. 7.1 in the code viewer(1)A principal authority shall establish and enforce a code of conduct for the chief building official and inspectors.
(2)The following are the purposes of a code of conduct:
1. To promote appropriate standards of behaviour and enforcement actions by the chief building official and inspectors in the exercise of a power or the performance of a duty under this Act or the building code.
2. To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the chief building official and inspectors in the exercise of a power or the performance of a duty under this Act or the building code.
3. To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under this Act or the building code by the chief building official and inspectors.
(3)A code of conduct must provide for its enforcement and include policies or guidelines to be used when responding to allegations that the code has been breached and disciplinary actions that may be taken if the code is breached.
(4)The principal authority shall ensure that the code of conduct is brought to the attention of the public.