Enforcement authorities (Powers and Duties of Registered Code Agencies)

Last updated October 22, 2026

Values this chapter turns on

to appoint an RCA: s. 4.1 or s. 4.2: 2 routes; to appoint an RCA: s. 4.1 or s. 4.2
RCA timing under s. 4.1(4): before, after, both: 3 options; RCA timing under s. 4.1(4): before, after, both
interval for each principal authority's fee report: 12 months; interval for each principal authority's fee report
of the CBO and inspector code of conduct: 3 purposes; of the CBO and inspector code of conduct

Sections 2 to 7 of the Act decide who enforces the Act where. For an RCA candidate the heart of this chapter is sections 4.1 and 4.2: the two ways an RCA can be appointed. The surrounding sections tell you who the principal authorities are, and section 7 contains one fee rule written specifically for applicant-appointed RCAs.

The syllabus excludes s. 3(9), 3.1(7), 6(2), 6.1(8) and (10) and 7.1(1). The rest of s. 7.1 (the purposes of a CBO and inspector code of conduct, its enforcement and making it public) stays in scope; RCAs have their own code of conduct under Division C (chapter 12).

Municipal, board of health and provincial enforcement (s. 2 to 4)

Section	Who	Rule
2(1)	Minister	Responsible for administration of the Act
2(2)	Director	Director of the Building and Development Branch, appointed by the Lieutenant Governor in Council
3(1), (2)	Council of each municipality	Enforces the Act in the municipality; appoints a CBO and the inspectors needed
3(3), (4)	Two or more municipalities	May agree on joint enforcement, cost sharing and appointment of a CBO and inspectors
3(5), (6)	Upper-tier and lower-tier municipalities	Upper tier may take over enforcement by agreement and then appoints a CBO and inspectors
3(8)	Clerk	Issues certificates of appointment to the CBO and inspectors
3.1	Prescribed board of health, planning board or conservation authority	Enforces sewage system provisions in prescribed areas; appoints sewage system inspectors
4	Ontario	Enforces in territory without municipal organization (subject to s. 3.1); the director is the CBO there; the Deputy Minister appoints inspectors

Two details are popular on exams. Under BCA s. 3.1(5), once sewage system inspectors are appointed under s. 3.1, the CBO and inspectors appointed under s. 3 or 4 "shall not exercise their powers under this Act in respect of sewage systems". Under BCA s. 4(5), "The director is the chief building official for the areas in which Ontario has jurisdiction."

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RCA appointed by a principal authority (s. 4.1)

BCA s. 4.1 is a two-step process:

Agreement. 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" (s. 4.1(1)).
Appointment. After the agreement, the principal authority may appoint the agency to perform specified functions for a building or class of buildings (s. 4.1(2)). It may delegate this appointing power in writing to the CBO, with conditions or restrictions (s. 4.1(3)).

Timing of functions, s. 4.1(4): unless the code says otherwise, an appointment may authorize the RCA to perform all applicable s. 15.15 functions (a) before a permit is issued, (b) after a permit is issued, or (c) both. Division C refers back to these clauses constantly. For example, only an RCA appointed under clause (a) or (c) may issue a plans review certificate, and only one appointed under (b) or (c) may issue a final certificate.

Other rules: the RCA must refuse an appointment in circumstances set out in the code or where it would have a conflict of interest (s. 4.1(5)); it performs the specified functions subject to the Act and code (s. 4.1(6)); its duty begins when the appointment is made and ends on expiry under s. 15.19 or termination under s. 15.20 (s. 4.1(7)); and the principal authority gives the director prescribed information (s. 4.1(8)).

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RCA appointed by an applicant (s. 4.2)

BCA s. 4.2 lets the permit applicant pick the RCA, but only where the principal authority switches it on: the section "applies only if a principal authority authorizes it, by regulation, by-law or resolution" (s. 4.2(1)).

Rule	Subsection
A prescribed person entitled to apply for a permit may appoint an RCA to perform all of the s. 15.15 functions for a building	4.2(2)
Not available if a principal authority has already appointed an RCA for any function, or if an inspector has begun any function	4.2(3)
Appointment in writing, in the prescribed manner, subject to prescribed conditions	4.2(4)
Same conflict of interest and code restrictions as s. 4.1	4.2(5), (6)
Duty begins on appointment, ends on expiry or termination	4.2(7)
The appointer cannot replace the RCA after it has begun any function unless the appointment has expired or been terminated	4.2(8)
The appointer gives prescribed information to the director and to the CBO	4.2(9), (10)

Compare the scope: a principal authority can appoint for specified functions and for a building or class of buildings; an applicant appoints for all functions for a building.

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Agreements and by-laws (s. 5 to 7)

BCA s. 5: a municipality and the Crown may agree that the municipality enforces the Act in part of a territory without municipal organization.
BCA s. 6: two or more principal authorities may agree on plans review, including expedited review of substantially similar buildings, allocation of review responsibility, resolution of disagreements and indemnification.
BCA s. 6.1 and s. 6.2: upper-tier, board of health and conservation authority agreements for plumbing and sewage systems. A plumbing inspector under s. 6.1 has CBO powers for plumbing "other than the issuance of conditional permits".
BCA s. 7: by-laws, resolutions or regulations on classes of permits, applications, fees, refunds, additional notices, as constructed plans, transfer of permits and construction fences.

The RCA-specific fee rule is BCA s. 7(3): a fee regulation, by-law or resolution under s. 7(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." Note it is s. 4.2 (applicant appointment), not s. 4.1. Also note s. 7(1)(e): additional notices of stages of construction can be required to be given to the CBO, an inspector "or to a registered code agency if one is appointed".

Section 7.1 lists three purposes for the code of conduct a principal authority sets for its CBO and inspectors: appropriate standards of behaviour and enforcement, preventing abuse of power, and honesty and integrity. The code must provide for its enforcement and be brought to the attention of the public.

Fee totals must not exceed the anticipated reasonable costs of administration and enforcement (s. 7(2)); a fee report is prepared every 12 months (s. 7(4)); fee changes need notice and a public meeting (s. 7(6)).

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Worked scenarios

Scenario 1. A town's council has passed no by-law about applicant-appointed RCAs. A developer appoints an RCA under s. 4.2 anyway. The appointment has no effect: s. 4.2 applies only if the principal authority has authorized it.

Scenario 2. The municipality's plans examiner has started reviewing a permit application. The owner now wants to appoint an RCA under s. 4.2. Section 4.2(3)(b) blocks it because an inspector has begun to perform a function.

Scenario 3. A city council wants its CBO to sign RCA appointments without going back to council each time. Section 4.1(3) allows a written delegation to the CBO, with any conditions council chooses. The agreement itself under s. 4.1(1) is still the principal authority's.

Scenario 4. An owner appointed RCA "A" under s. 4.2; A has reviewed the plans. The owner prefers RCA "B" for inspections. The owner cannot simply swap: s. 4.2(8) requires the A appointment to have expired or been terminated first.

Common traps

Assuming every municipality allows applicant-appointed RCAs. Section 4.2 needs an authorizing regulation, by-law or resolution.
Thinking the reduced fee rule covers principal authority appointments. It covers s. 4.2 only.
Reading s. 4.1(4) as letting the RCA choose its timing. The appointment sets it.
Forgetting that s. 4.2(3) also blocks applicant appointment once a principal-authority RCA has done anything.

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
Municipal, board of health and provincial enforcement (s. 2 to 4)	Two details are popular on exams.
RCA appointed by a principal authority (s. 4.1)	Timing of functions, s. 4.1(4): unless the code says otherwise, an appointment may authorize the RCA to perform all applicable s. 15.15 functions (a) before a permit is issued…
RCA appointed by an applicant (s. 4.2)	Compare the scope: a principal authority can appoint for specified functions and for a building or class of buildings; an applicant appoints for all functions for a building.
Agreements and by-laws (s. 5 to 7)	The RCA-specific fee rule is: a fee regulation, by-law or resolution under s. 7(1)(c)(i) "must provide for reduced fees to be payable in respect of the construction of a building…

Municipal, board of health and provincial enforcement (s. 2 to 4)
Two details are popular on exams.
RCA appointed by a principal authority (s. 4.1)
Timing of functions, s. 4.1(4): unless the code says otherwise, an appointment may authorize the RCA to perform all applicable s. 15.15 functions (a) before a permit is issued…
RCA appointed by an applicant (s. 4.2)
Compare the scope: a principal authority can appoint for specified functions and for a building or class of buildings; an applicant appoints for all functions for a building.
Agreements and by-laws (s. 5 to 7)
The RCA-specific fee rule is: a fee regulation, by-law or resolution under s. 7(1)(c)(i) "must provide for reduced fees to be payable in respect of the construction of a building…

Usual exam traps

Assuming every municipality allows applicant-appointed RCAs. Section 4.2 needs an authorizing regulation, by-law or resolution.
Thinking the reduced fee rule covers principal authority appointments. It covers s. 4.2 only.
Reading s. 4.1(4) as letting the RCA choose its timing. The appointment sets it.
Forgetting that s. 4.2(3) also blocks applicant appointment once a principal-authority RCA has done anything.

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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.

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Code cited in this chapter

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

BCA 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)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.
Open BCA s. 3.1 in the code viewer
BCA 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 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).
Open BCA s. 4 in the code viewer
BCA 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 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.
Open BCA s. 4.1 in the code viewer
BCA 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 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.
Open BCA s. 4.2 in the code viewer
BCA s. 5 Agreements re enforcement
(1)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 by the municipality in such part of the territory without municipal organization and subject to such payment in respect of costs as is set out in the agreement.
(2)The municipality has jurisdiction for the enforcement of this Act in the area designated in the agreement.
(3)An agreement under this section may apply to the enforcement of all or any part of this Act or the building code.
Open BCA s. 5 in the code viewer
BCA 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 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.
Open BCA s. 6 in the code viewer
BCA 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 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.
Open BCA s. 6.1 in the code viewer
BCA 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 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.
Open BCA s. 6.2 in the code viewer

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BCA 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 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.
Open BCA s. 7 in the code viewer
BCA 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 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.
Open BCA s. 7.1 in the code viewer