Last updated
Values this chapter turns on
- latest expiry of a search warrant after issue
- 15 days
- latest expiry of a search warrant after issue
- hours a search warrant may be executed
- 6 am to 9 pm
- hours a search warrant may be executed
- that allow entry to a room used as a dwelling
- 5 grounds
- that allow entry to a room used as a dwelling
- an inspector has under s. 18(1)
- 6 powers
- an inspector has under s. 18(1)
This chapter covers the tools a chief building official and inspectors use in the field: identification, the special rules for entering dwellings, recovering money spent on repairs, the inspector's powers to demand documents and take samples, the offences of obstruction, and search warrants. Most questions ask whether entry was lawful, whether a refusal is obstruction, or what a warrant allows.
Identification and entry to dwellings
The CBO, inspectors and persons authorized by an RCA "shall carry their certificate of appointment or authorization" when performing their duties and "produce them for inspection upon request" (BCA s. 15.23BCA s. 15.23 Duty to carry identificationThe chief building official, inspectors and persons authorized by a registered code agency to exercise powers and perform functions on its behalf shall carry their certificate of appointment or authorization, as the case may be, when performing their duties and shall produce them for inspection upon request.).
Many sections let an inspector enter without a warrant: s. 8 (conditional permit restoration), s. 12 (inspections), s. 15.9 (unsafe buildings), s. 15.10.1 and s. 15.10.3, among others. Section 16 overrides them all for "any room or place actually being used as a dwelling" (BCA s. 16BCA s. 16 Entry to dwellings(1) Despite sections 8, 12, 15, 15.2, 15.4, 15.9, 15.10.1 and 15.10.3, an inspector or officer shall not enter or remain in any room or place actually being used as a dwelling unless, (a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and entry…). An inspector or officer may enter or remain there only if one of these applies:
| Clause | Basis for entry |
|---|---|
| (a) | consent of the occupier, after the occupier is told that entry may be refused and then made only under a warrant |
| (a.1) | a warrant issued under the Act |
| (b) | the delay to get a warrant or consent "would result in an immediate danger to the health or safety of any person" |
| (c) | entry is needed to terminate a danger under s. 15.7(3) or 15.10(3) |
| (d) | entry is needed to remove a building or restore a site under s. 8(6), remove an unsafe condition under s. 15.9(6)(b), or repair or demolish under s. 15.4(1), and notice has been served |
For clause (d), the occupier must be served with notice of the intention to enter "within a reasonable time before entering" (s. 16(2)). Note what triggers s. 16: actual use as a dwelling, not the building's classification. A vacant house under renovation is not "actually being used as a dwelling".
Recovery of expenditures and powers of inspectors
BCA s. 17.1BCA s. 17.1 Recovery of expenditures for repairs, etc.(1) This section applies if money is spent by a board of health, planning board or conservation authority or, in the circumstances described in subsection (2), by the Crown or an upper-tier municipality or, in the circumstances described in subsection (4), by a municipality, (a) to carry out a removal and restoration… deals with money spent by a board of health, planning board or conservation authority (and in some cases the Crown, an upper-tier or a municipality) on site restoration under s. 8(6), unsafe building work under s. 15.9(6)(b) or 15.10.3(8)(b), or emergency work found recoverable under s. 15.10. If the building is in a municipality, the spending body may instruct the municipality to recover the amount, using the same lien provisions; the municipality keeps reasonable collection costs and pays the rest over. In unorganized territory, the spending body may ask the Minister of Finance to collect under the Provincial Land Tax Act, 2006.
For any inspection under the Act, an inspector may (BCA s. 18BCA s. 18 Powers of inspector(1) For the purposes of an inspection under this Act, an inspector may, (a) require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the building or any part thereof; (b) inspect and remove documents or things relevant to the building or part thereof…):
- require production of documents or things, including drawings or specifications;
- inspect and remove documents or things to copy them;
- require information from any person;
- be accompanied by a person with special or expert knowledge;
- make examinations, take tests, samples or photographs, alone or with an expert; and
- order any person to take and supply, at that person's expense, specified tests and samples.
Safeguards for the person inspected:
| Rule | Where |
|---|---|
| Sample divided in two, one part to the person, if they ask at the time, provide facilities, and division is technically feasible | s. 18(2) |
| If not divided, a copy of any report on the sample goes to the person | s. 18(3) |
| Receipt for removed documents or things, and prompt return after copying | s. 18(4) |
| Certified copies are admissible as evidence like originals | s. 18(5) |
| Orders under s. 18(1) use the prescribed or approved form | s. 18(6) |
Division C 1.3.5.5. confirms that an order under clause 18(1)(f) must be in a form approved by the Minister.
Obstruction and removal of orders
No one may hinder or obstruct, or attempt to, a CBO, inspector, officer or RCA-authorized person exercising a power or duty (BCA s. 19BCA s. 19 Obstruction of inspector, etc.(1) No person shall hinder or obstruct, or attempt to hinder or obstruct, a chief building official, inspector, officer or a person authorized by a registered code agency in the exercise of a power or the performance of a duty under this Act. (2) A refusal of consent to enter or remain in a place actually used as a…). Everyone must assist entry, inspection, examination, testing or inquiry, and no one may neglect or refuse to produce documents or information an inspector lawfully requires.
The key exception is s. 19(2): refusing consent to enter a place actually used as a dwelling is not obstruction, unless the official is acting under a warrant or in the s. 16(1)(b), (c) or (d) circumstances.
Under BCA s. 20BCA s. 20 Obstruction or removal of orderNo person shall obstruct the visibility of an order and no person shall remove a copy of an order posted under this Act unless authorized to do so by an inspector, officer or registered code agency., no one may obstruct the visibility of a posted order, and no one may remove a posted copy "unless authorized to do so by an inspector, officer or registered code agency." Note the CBO is not named separately here, but a CBO may exercise any inspector power under s. 22(2).
Warrants for entry and search
A provincial judge or justice of the peace may issue a warrant to enter and search a building, receptacle or place, on information on oath showing reasonable ground to believe an offence under the Act has been committed and that the search will afford evidence of it (BCA s. 21BCA s. 21 Warrant for entry and search(1) A provincial judge or justice of the peace may at any time issue a warrant in the prescribed form authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there is reasonable ground to…). The warrant may authorize seizure of anything believed on reasonable grounds to afford evidence.
| Warrant rule | Detail |
|---|---|
| Expiry | stated in the warrant, "not later than fifteen days after the warrant is issued" |
| Hours | between 6 a.m. and 9 p.m., unless the warrant provides otherwise |
| Seizure | give a receipt; bring the thing before the issuing or another provincial judge or justice |
| Forms | information: Form 1.4.1.1.-A; warrant: Form 1.4.1.1.-B |
The forms are set by OBC Div. C 1.4.1.1.OBC Div. C 1.4.1.1. Information & Warrant Forms(1) An information to obtain a warrant to enter and search a building, receptacle or place under subsection 21(1) of the Act shall be in Form 1.4.1.1.-A. (2) A warrant to enter and search a building, receptacle or place under subsection 21(1) of the Act shall be in Form 1.4.1.1.-B. form 1.4.1.1.-a: information to…. Note the purpose difference: s. 21 warrants are for gathering evidence of an offence, not for routine compliance inspections, which s. 12 already allows without a warrant (except in dwellings).
Worked scenarios
Basement apartment complaint. An inspector suspects an illegal second unit in an occupied basement. There is no danger. The tenant refuses entry. The refusal is not obstruction (s. 19(2)). Without danger, the inspector's options are the occupier's informed consent or a warrant issued under the Act.
Forced demolition of an unsafe shed attached to a house. The CBO will enter an occupied dwelling to remove an unsafe condition under s. 15.9(6)(b). The CBO must serve the occupier with notice within a reasonable time before entering (s. 16(1)(d) and (2)).
Warrant timing. A warrant issued on June 3 must state an expiry date no later than June 18.
Common traps
- Section 16 is about rooms actually used as dwellings, not all residential buildings.
- Informed consent requires telling the occupier that entry may be refused.
- An inspector's order under s. 18(1)(f) shifts the cost of tests to the person ordered.
- Warrants expire within fifteen days, not 30, and run 6 a.m. to 9 p.m. by default.
- Removing a posted order is an offence unless an inspector, officer or RCA authorizes it.
Chapter review
Chapter at a glance
One line per section: the idea to carry into the exam. Then the answers that most often catch candidates out.
- Identification and entry to dwellings
The CBO, inspectors and persons authorized by an RCA "shall carry their certificate of appointment or authorization" when performing their duties and "produce them for inspection…
- Recovery of expenditures and powers of inspectors
Division C 1.3.5.5. confirms that an order under clause 18(1)(f) must be in a form approved by the Minister.
- Obstruction and removal of orders
No one may hinder or obstruct, or attempt to, a CBO, inspector, officer or RCA-authorized person exercising a power or duty.
- Warrants for entry and search
A provincial judge or justice of the peace may issue a warrant to enter and search a building, receptacle or place, on information on oath showing reasonable ground to believe an…
Usual exam traps
- Section 16 is about rooms actually used as dwellings, not all residential buildings.
- Informed consent requires telling the occupier that entry may be refused.
- An inspector's order under s. 18(1)(f) shifts the cost of tests to the person ordered.
- Warrants expire within fifteen days, not 30, and run 6 a.m. to 9 p.m. by default.
- Removing a posted order is an offence unless an inspector, officer or RCA authorizes it.
Practice this chapter
Questions on Inspection and enforcement powers, in the exam format, every answer explained and cited to its article. Sign in to start; a free account gets the free questions.
Code cited in this chapter
Based on the official 2024 Building Code Compendium on ontario.ca.
© King's Printer for Ontario, 2024. Reproduced with permission.
BCA s. 15.23 Duty to carry identification
Open BCA s. 15.23 in the code viewerThe chief building official, inspectors and persons authorized by a registered code agency to exercise powers and perform functions on its behalf shall carry their certificate of appointment or authorization, as the case may be, when performing their duties and shall produce them for inspection upon request.
BCA s. 16 Entry to dwellings
Open BCA s. 16 in the code viewer(1)Despite sections 8, 12, 15, 15.2, 15.4, 15.9, 15.10.1 and 15.10.3, an inspector or officer shall not enter or remain in any room or place actually being used as a dwelling unless,
(a)the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and entry made only under the authority of a warrant issued under this Act;
(a.1) a warrant issued under this Act is obtained;
(b)the delay necessary to obtain a warrant or the consent of the occupier would result in an immediate danger to the health or safety of any person;
(c)the entry is necessary to terminate a danger under subsection 15.7 (3) or 15.10 (3); or
(d)the requirements of subsection (2) are met and the entry is necessary to remove a building or restore a site under subsection 8 (6), to remove an unsafe condition under clause 15.9 (6) (b) or to repair or demolish under subsection 15.4 (1).
(2)Within a reasonable time before entering the room or place for a purpose described in clause (1) (d), the inspector or officer shall serve the occupier with notice of his or her intention to enter it.
BCA s. 17.1 Recovery of expenditures for repairs, etc.
Open BCA s. 17.1 in the code viewer(1)This section applies if money is spent by a board of health, planning board or conservation authority or, in the circumstances described in subsection (2), by the Crown or an upper-tier municipality or, in the circumstances described in subsection (4), by a municipality,
(a)to carry out a removal and restoration under subsection 8 (6);
(b)to carry out a renovation, repair, demolition or other action under clause 15.9 (6) (b) or 15.10.3 (8) (b); or
(c)to perform remedial or other work under subsection 15.10 (1) where the amount spent is determined to be recoverable by a judge under subsection 15.10 (8).
(2)If the building in respect of which money was spent is in a municipality,
(a)the upper-tier municipality, board of health, planning board, conservation authority or the Crown may instruct the municipality to recover the amount spent;
(b)subsection 8 (7), 15.9 (10), 15.10 (10) or 15.10.3 (11), as the case may be, applies to the collection of the amount; and
(c)the money collected, less the costs reasonably attributable to the collection, shall be paid by the municipality to the upper-tier municipality, board of health, planning board, conservation authority or the Crown.
(3)Where the Crown instructs the municipality under clause (2) (a) to recover the amount spent, the lien referred to in subsection 8 (7), 15.9 (10), 15.10 (10) or 15.10.3 (11) is not an estate or interest of the Crown within the meaning of clause 379 (7) (b) of the Municipal Act, 2001 or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be.
(4)If the building in respect of which money was spent is located in territory without municipal organization,
(a)the municipality, board of health, planning board or conservation authority may give the Minister of Finance written notice of the amount that was spent, requesting the collection of the amount under the Provincial Land Tax Act, 2006;
(b)the amount may be collected under that Act as if it was tax imposed under it; and
(c)the Minister of Finance shall pay the amount collected under that Act, less the costs reasonably attributable to the collection, to the municipality, board of health, planning board or conservation authority.
BCA s. 18 Powers of inspector
Open BCA s. 18 in the code viewer(1)For the purposes of an inspection under this Act, an inspector may,
(a)require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the building or any part thereof;
(b)inspect and remove documents or things relevant to the building or part thereof for the purpose of making copies or extracts;
(c)require information from any person concerning a matter related to a building or part thereof;
(d)be accompanied by a person who has special or expert knowledge in relation to a building or part thereof;
(e)alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection; and
(f)order any person to take and supply at that person’s expense such tests and samples as are specified in the order.
(2)A sample taken under clause (1) (e) shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if,
(a)the person requests that the sample be divided at the time it is taken and provides the necessary facilities; and
(b)it is technically feasible to divide the sample.
(3)If an inspector takes a sample under clause (1) (e) and has not divided the sample into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.
(4)An inspector shall provide a receipt for any document or thing removed under clause (1) (b) and shall promptly return them after the copies or extracts are made.
(5)Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentiary value as the originals.
(6)The prescribed form or the form approved by the Minister must be used for an order under subsection (1).
BCA s. 19 Obstruction of inspector, etc.
Open BCA s. 19 in the code viewer(1)No person shall hinder or obstruct, or attempt to hinder or obstruct, a chief building official, inspector, officer or a person authorized by a registered code agency in the exercise of a power or the performance of a duty under this Act.
(2)A refusal of consent to enter or remain in a place actually used as a dwelling is not hindering or obstructing within the meaning of subsection (1) unless the inspector, officer or authorized person is acting under a warrant issued under this Act or in the circumstances described in clause 16 (1) (b), (c) or (d).
(3)Every person shall assist any entry, inspection, examination, testing or inquiry by an inspector, chief building official, officer or a person authorized by a registered code agency in the exercise of a power or performance of a duty under this Act.
(4)No person shall neglect or refuse,
(a)to produce any documents, drawings, specifications or things required under clause 15.8 (1) (a) or (e) by an officer or under clause 18 (1) (a) or (e) by an inspector or by a person authorized by a registered code agency; or
(b)to provide any information required under clause 15.8 (1) (c) by an officer or under clause 18 (1) (c) by an inspector or by a person authorized by a registered code agency.
BCA s. 20 Obstruction or removal of order
Open BCA s. 20 in the code viewerNo person shall obstruct the visibility of an order and no person shall remove a copy of an order posted under this Act unless authorized to do so by an inspector, officer or registered code agency.
BCA s. 21 Warrant for entry and search
Open BCA s. 21 in the code viewer(1)A provincial judge or justice of the peace may at any time issue a warrant in the prescribed form authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there is reasonable ground to believe that,
(a)an offence under this Act has been committed; and
(b)the entry into and search of the building, receptacle or place will afford evidence relevant to the commission of the offence.
(2)In a search warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize anything that there is reasonable ground to believe will afford evidence relevant to the commission of the offence.
(3)Anyone who seizes something under a search warrant shall,
(a)give a receipt for the thing seized to the person from whom it was seized; and
(b)bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law.
(4)A search warrant shall state the date on which it expires, which date shall be not later than fifteen days after the warrant is issued.
(5)A search warrant may be executed only between 6 a.m. and 9 p.m. unless it provides otherwise.
(6)Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of any thing seized under this section.
OBC Div. C 1.4.1.1. Information & Warrant Forms
Open OBC Div. C 1.4.1.1. in the code viewer(1)An information to obtain a warrant to enter and search a building, receptacle or place under subsection 21(1) of the Act shall be in Form 1.4.1.1.-A.
(2)A warrant to enter and search a building, receptacle or place under subsection 21(1) of the Act shall be in Form 1.4.1.1.-B.
form 1.4.1.1.-a: information to obtain search warrant under section 21 of the building code act, 1992
Form 1.4.1.1.-B — Search Warrant under Section 21 of the Building Code Act, 1992
form 1.4.1.1.-b: form 1.4.1.1.-b search warrant under section 21 of the building code act, 1992