Registered code agencies under the Act (Powers and Duties of Chief Building Officials)

Last updated October 22, 2026

Values this chapter turns on

an RCA may be appointed to perform: 6 functions; an RCA may be appointed to perform
of inspector powers an RCA's people may use: 4 sections; of inspector powers an RCA's people may use
for RCA records after the appointment ends: 15 days; for RCA records after the appointment ends
for RCA records once the CBO asks for them: 2 days; for RCA records once the CBO asks for them

A registered code agency (RCA) is a private, registered body that can review plans, inspect and issue certificates in place of municipal staff. The chief building official still issues the permit and keeps the final say on enforcement. Sections 15.14 to 15.22 tell the CBO what an RCA must report, what it may and may not do, when its appointment ends, and how the CBO can stop construction if an RCA stops working. Some subsections are outside this exam's syllabus: 15.14(2), 15.17(1), 15.20(2) and (4), and 15.21(2) and (3).

Notice to the chief building official and functions

Every RCA "shall give the chief building official such information as may be prescribed by regulation" (BCA s. 15.14). Division C 3.7.6.3. fills this in: notice if the RCA becomes or expects to become unable to perform; copies of its orders, inspection records, final certificates, alternative solution records and s. 18 records; and notice of unsafe buildings it comes across.

BCA s. 15.15 lists the functions an RCA may be appointed to perform:

Review designs to decide whether proposed construction complies with the code.
Issue plans review certificates.
Issue change certificates.
Inspect construction for which a permit has been issued.
Issue final certificates.
Other functions authorized under the Act or code (Division C 3.7.3.1. adds certificates set out in 3.7.4.3., such as the occupancy certificates).

Issuing permits is not on the list. The RCA's certificate supports the permit; the CBO issues it.

Scope. An RCA may exercise powers "in respect only of the functions and the building specified in a particular appointment" (BCA s. 15.16), and may collect, use or disclose information only as the code allows. Division C 3.7.4.7. limits disclosure to the principal authority under the agreement, to a principal authority to aid enforcement, or where law or a court requires or permits.

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Certificates, orders and duties

Persons authorized by an RCA receive a certificate of authorization with prescribed information, and may exercise an inspector's powers under four sections for the building the RCA is appointed for (BCA s. 15.17):

Section	Power
s. 12	inspection and compliance orders
s. 13	order not to cover
s. 16	entry to dwellings (with its limits)
s. 18	powers of inspector (documents, tests, samples)

Notice what is missing: unsafe building orders under s. 15.9 and emergency orders under s. 15.10 stay with municipal inspectors and the CBO. An RCA that believes a building is unsafe must tell the CBO (Division C 3.7.6.3.(5)).

Under BCA s. 15.18, when an RCA makes an order it must give the CBO a copy within the prescribed period. Its certificates must be in the prescribed or Minister-approved form and contain the prescribed information.

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Expiry and termination of appointments

BCA s. 15.19 says an appointment expires when the RCA has performed its functions for the building. It also expires early, even if functions remain, if:

the CBO refuses to issue a permit for the building; or
the permit is revoked.

Termination is a separate event. An appointment "shall not be terminated except in accordance with this section and the building code" (BCA s. 15.20). Division C 3.7.5.1. lets a principal authority terminate its own s. 4.1 appointment early if the agreement allows it, and the principal authority must then notify the director (Division C 3.7.6.1.).

Who picks up the remaining work after termination of a principal authority's appointment? The principal authority itself, or another RCA (s. 15.20(3)). The director may give directions to the appointer, the outgoing RCA and any transferee RCA to ease the transfer, and they must comply (s. 15.20(5) to (7)).

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Orders to suspend construction and conflicts

The CBO has a special power in BCA s. 15.21(1). The CBO may order all or part of the construction suspended if both are true:

the CBO "has reason to believe that the registered code agency has ceased to perform the functions specified in the appointment"; and
the appointment has not expired or been terminated.

While the order stands, the only permitted work is work "necessary to secure the safety and security of the building and of the construction site" (s. 15.21(4)). Service and posting follow s. 14(2) and (3), so the order is served on affected persons, posted on site, and effective from posting (s. 15.21(5)). If the CBO issues such an order, the principal authority must send the director a copy (Division C 3.7.6.1.(2)).

Compare the two "stop" orders:

	Stop work order, s. 14	Suspension order, s. 15.21(1)
Who	CBO or RCA	CBO only
Trigger	s. 12 or 13 order not complied with	RCA has ceased performing, appointment still live
Work allowed	work needed to carry out the s. 12 or 13 order	work to secure the safety and security of the building and site
Effective	from posting	from posting (s. 14(3) applies)

Finally, the Act and code "prevail over the terms of an appointment" of an RCA (BCA s. 15.22). A clause in an appointment cannot widen the RCA's powers beyond the Act.

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Worked scenarios

Silent RCA. An RCA appointed for post-permit inspections stops answering inspection notices, and the builder keeps pouring concrete. The appointment has not been terminated. The CBO may order construction suspended under s. 15.21(1), allowing only work to secure the site.

Refused permit. An RCA issued a plans review certificate, but the CBO refuses the permit because zoning is not met. The RCA's appointment expires under s. 15.19(2), even though it was also appointed to inspect.

RCA sees a cracked neighbour wall. While inspecting an excavation, an RCA notices the adjacent building's foundation cracking. It cannot make an unsafe order. It must notify the CBO of the location and reasons, and the CBO's inspectors deal with it under s. 15.9.

Common traps

RCAs do not issue permits, unsafe orders or emergency orders.
An RCA's authorized person has inspector powers under ss. 12, 13, 16 and 18 only.
Expiry happens automatically on permit refusal or revocation; termination needs compliance with s. 15.20 and the code.
Only the CBO makes a s. 15.21 suspension order.

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
Notice to the chief building official and functions	Every RCA "shall give the chief building official such information as may be prescribed by regulation".
Certificates, orders and duties	Persons authorized by an RCA receive a certificate of authorization with prescribed information, and may exercise an inspector's powers under four sections for the building the…
Expiry and termination of appointments	Termination is a separate event.
Orders to suspend construction and conflicts	While the order stands, the only permitted work is work "necessary to secure the safety and security of the building and of the construction site" (s. 15.21(4)).

Notice to the chief building official and functions
Every RCA "shall give the chief building official such information as may be prescribed by regulation".
Certificates, orders and duties
Persons authorized by an RCA receive a certificate of authorization with prescribed information, and may exercise an inspector's powers under four sections for the building the…
Expiry and termination of appointments
Termination is a separate event.
Orders to suspend construction and conflicts
While the order stands, the only permitted work is work "necessary to secure the safety and security of the building and of the construction site" (s. 15.21(4)).

Usual exam traps

RCAs do not issue permits, unsafe orders or emergency orders.
An RCA's authorized person has inspector powers under ss. 12, 13, 16 and 18 only.
Expiry happens automatically on permit refusal or revocation; termination needs compliance with s. 15.20 and the code.
Only the CBO makes a s. 15.21 suspension order.

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Code cited in this chapter

Based on the official Building Code Act, 1992 on e-Laws.

BCA s. 15.14 Notice to chief building official
(1)Every registered code agency shall give the chief building official such information as may be prescribed by regulation.
(2)Every registered code agency shall give the director such information as may be prescribed by regulation.
Open BCA s. 15.14 in the code viewer
BCA s. 15.15 Functions of registered code agencies
The following are the functions that a registered code agency may be appointed to perform in respect of the construction of a building:
1. Review designs and other materials to determine whether the proposed construction of a building complies with the building code.
2. Issue plans review certificates.
3. Issue change certificates.
4. Inspect the construction of a building for which a permit has been issued under this Act.
5. Issue final certificates.
6. Perform such other functions as may be authorized under this Act or in the building code.
Open BCA s. 15.15 in the code viewer
BCA s. 15.16 Scope of agency’s powers
(1)A registered code agency may exercise the powers and perform the duties specified in this Act and the building code in respect only of the functions and the building specified in a particular appointment.
(2)A registered code agency shall not collect, use or disclose information except in accordance with the building code.
Open BCA s. 15.16 in the code viewer
BCA s. 15.17 Persons acting on behalf of an agency
(1)A registered code agency may authorize, in writing, one or more prescribed persons to exercise powers and perform its functions under this Act, subject to such conditions as may be prescribed by regulation.
(2)The registered code agency shall issue a certificate of authorization containing the prescribed information to the authorized person.
(3)The authorized person may exercise the powers and perform the duties of an inspector under any of the following provisions, in respect of the construction of a building for which the agency is appointed under this Act:
1. Section 12 (inspection).
2. Section 13 (order not to cover).
3. Section 16 (entry to dwellings).
4. Section 18 (powers of inspector).
Open BCA s. 15.17 in the code viewer
BCA s. 15.18 Duties re certificates and orders
(1)When a registered code agency makes an order under this Act, the agency shall give a copy of the order within the period prescribed by regulation to the chief building official.
(2)A registered code agency shall issue such certificates and use such forms as may be required by the building code and shall include in them or provide such information as may be prescribed.
(3)A certificate issued under this Act by a registered code agency must be in the prescribed form or the form approved by the Minister.
Open BCA s. 15.18 in the code viewer
BCA s. 15.19 Expiry of an agency’s appointment
(1)The appointment of a registered code agency expires when the agency has performed the functions for which it was appointed in respect of construction of the specified building.
(2)The appointment of a registered code agency that has not performed all of the functions for which it is appointed in respect of the construction expires if either of the following events occurs:
1. The chief building official refuses to issue a permit for construction of the specified building.
2. The permit for construction of the building is revoked.
Open BCA s. 15.19 in the code viewer
BCA s. 15.20 Termination of an agency’s appointment
(1)The appointment of a registered code agency shall not be terminated except in accordance with this section and the building code.
(2)The building code may specify that the consent of the director to the termination of an appointment is required.
(3)If the registered code agency was appointed by a principal authority, upon the termination of the appointment the principal authority becomes responsible to ensure that the remaining functions of the agency are performed by the principal authority or another registered code agency.
(4)If the registered code agency was appointed under section 4.2, upon the termination of the appointment the person who made the appointment becomes responsible to ensure that the remaining functions of the agency are performed by another registered code agency or, with the prior written agreement of the principal authority, by the principal authority or to ensure that work on the construction is halted.
(5)When the appointment of a registered code agency is terminated, the director may give directions to anyone described in subsection (6) in order to facilitate the transfer of the agency’s functions.
(6)Directions may be given to the person who made the appointment that has been terminated, to the registered code agency whose appointment has been terminated and to a transferee registered code agency.
(7)The person to whom directions are given shall comply with them.
Open BCA s. 15.20 in the code viewer
BCA s. 15.21 Order to suspend construction
(1)The chief building official may, by order, suspend all or part of the construction of the building to which the appointment of a registered code agency relates,
(a)if the chief building official has reason to believe that the registered code agency has ceased to perform the functions specified in the appointment; and
(b)if the appointment of the registered code agency has not expired or been terminated.
(2)If the appointment of a registered code agency under section 4.2 is terminated, the chief building official shall, by order, suspend the construction of the applicable building until,
(a)another registered code agency is appointed to perform the remaining functions of the original registered code agency; or
(b)the principal authority agrees, in writing, to perform the remaining functions of the original registered code agency.
(3)A principal authority may delegate to the chief building official the power to agree to perform the remaining functions of a registered code agency appointed under section 4.2 whose appointment is terminated and may impose conditions and restrictions on the delegation.
(4)If an order is issued under this section, no person shall perform any act in the construction of the building in respect of which the order is made, other than work necessary to secure the safety and security of the building and of the construction site.
(5)Subsections 14 (2) and (3) apply with respect to an order under this section.
Open BCA s. 15.21 in the code viewer

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BCA s. 15.22 Conflict between appointment and Act, etc.
This Act and the building code prevail over the terms of an appointment of a registered code agency.
Open BCA s. 15.22 in the code viewer