General provisions

Code cited in this chapter

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

• BCA s. 31 Immunity from action+

  (1)No action or other proceeding for damages shall be instituted against the director, a member of the Building Code Commission or the Building Materials Evaluation Commission, or anyone acting under their authority, a person conducting an inquiry under section 30, a chief building official, an inspector or an officer for any act done in good faith in the execution or intended execution of any power or duty under this Act or the regulations or for any alleged neglect or default in the execution in good faith of that power or duty.

  (2)Subsection (1) does not relieve the Crown, a municipality, an upper-tier municipality, a board of health, a planning board or a conservation authority of liability in respect of a tort committed by their respective chief building official or inspectors to which they would otherwise be subject and the Crown, municipality or upper-tier municipality, board of health, planning board or conservation authority is liable for any such tort as if subsection (1) were not enacted.

  (3)The Crown, a municipality, an upper-tier municipality, a board of health, a planning board or a conservation authority is not liable for any harm or damage resulting from any act or omission by a registered code agency or by a person authorized by a registered code agency under subsection 15.17 (1) in the performance or intended performance of any function set out in section 15.15.

  (4)The Crown, a municipality, an upper-tier municipality, a board of health, a planning board or a conservation authority is not liable for any harm or damage resulting from any act or omission in the execution or intended execution of any power or duty under this Act or the regulations by their respective chief building official or inspectors if the act was done or omitted in reasonable reliance on a certificate issued or other information given under this Act by a registered code agency or by a person authorized by a registered code agency under subsection 15.17 (1).

  Open BCA s. 31 in the code viewer
• BCA s. 34 Regulations+

  (0.1)The Minister may make such regulations as are desirable governing standards for the construction and demolition of buildings.

  (1)Without limiting the generality of subsection (0.1), the Minister may make regulations,

  1. designating structures that are to be defined as buildings under subsection 1 (1);

  1.0.1 prescribing persons for the purposes of the definition of “building owner” in subsection 1 (1);

  1.1 prescribing the functions for which a registered code agency may be appointed under subsection 4.1 (4);

  1.2 prescribing the information that a principal authority is required to give to the director under subsection 4.1 (8);

  1.3 prescribing the persons who may appoint a registered code agency under subsection 4.2 (2);

  1.4 prescribing the manner in which the appointment of a registered code agency under section 4.2 may be made and prescribing conditions and restrictions with respect to each appointment;

  1.5 prescribing the information that a person who appoints a registered code agency is required to give to the director under subsection 4.2 (9) or to the chief building official under subsection 4.2 (10);

  2. prescribing the conditions under which “as constructed plans” may be required by a chief building official under clause 7 (g);

  2.1 prescribing the information about the fees and costs to be included in a report under subsection 7 (4) and the manner in which the report is to be made available to the public;

  2.2 prescribing the persons to whom notice of proposed changes in fees is to be given under subsection 7 (6), the information to be included in the notice and the manner in which the notice is to be given;

  2.3 prescribing the period within which the public meeting referred to in subsection 7 (6) must be held;

  2.4 prescribing the records to be maintained by a principal authority and the period for which the records must be retained;

  3. governing the manner of construction and types and quality of materials used therein;

  3.1 establishing objectives governing the standards for the construction and demolition of buildings;

  3.2 prescribing the persons who may apply for a permit under section 8 and the information to be provided with an application for a permit under section 8;

  3.3 prescribing the information that a plans review certificate must contain for the purposes of clause 8 (2) (d);

  3.4 prescribing requirements and circumstances for the purposes of subsection 8 (2.2) and prescribing the period within which the chief building official is required to make a decision under subsection 8 (2.2) and the manner of determining when the period begins;

  3.4.1 prescribing the period within which the chief building official is required to inform an applicant under subsection 8 (2.3) and the manner of determining when the period begins;

  3.5 prescribing the information that a plans review certificate must contain under subsection 8 (2.1) and a change certificate must contain under subsection 8 (14);

  4. setting out the applicable laws with which compliance must be achieved before a conditional permit may be issued under subsection 8 (3);

  4.1 prescribing the information that a chief building official is required to give under subsection 8 (8.1) and prescribing the period within which and the manner in which the chief building official shall give the information;

  5. governing the design of buildings and the use to which they may be put;

  6. Repealed:

  7. setting out rules and policies to be observed in the interpretation of the building code by any person exercising a power or discretion conferred under the Act or the building code;

  8. determining an increase in hazard for the purposes of section 10;

  9. Repealed:

  9.1 requiring any part of the construction of a building described in clauses 11 (3) (a) and (b) of the Architects Act or subsection 12 (4) and clause 12 (5) (a) of the Professional Engineers Act to be designed by an architect or a professional engineer or a combination of both;

  10. requiring any part of the design, construction or demolition of a building to be under the general review of an architect or a professional engineer or a combination of both and that copies of reports arising from the general review be provided to the chief building official or to a registered code agency;

  11. designating organizations to test prefabricated building units to the standards prescribed by the building code and providing for the placing of their label on units that conform to the standards;

  12. requiring the approval of an inspector or a registered code agency in respect of any method, matter or thing;

  13. requiring the posting on buildings or sites of construction or demolition of such documents or information as is prescribed;

  14. requiring such documents, information, records, drawings or specifications as are prescribed to be kept on the site of construction or demolition;

  14.1 prescribing the records to be kept by any person and the returns of information and reports to be made by any person and providing for the inspection and examination of the records;

  15. requiring notice to be given to the chief building official, an inspector or a registered code agency respecting any matter in the course of construction, including notice of readiness for inspection at the stages of construction of a building, and specifying the person required to give the notices;

  15.1 prescribing the type and manner of inspections for the purposes of subsection 10.2 (2) (readiness for inspection) and prescribing the period within which the inspections must be carried out;

  15.2 prescribing the information that must be given to the chief building official about a person who is required by subsection 15.12 (3) to have certain qualifications or to meet certain requirements or both;

  15.3 prescribing the information that must be given to the chief building official under subsection 15.13 (5) about any person required to have insurance coverage and about the coverage;

  15.4 prescribing the manner in which a referral to the chief building official under subsection 14 (5) must be made;

  16. requiring notice to be given to the chief building official respecting the change in prescribed classes of use made of a building;

  17. requiring the chief building official to transmit to the director such returns or reports as are prescribed;

  17.1 prescribing documentation, records or other information for purposes of section 15.10.4, the manner in which the documentation, records or other information is to be provided and the persons to whom the documentation, records or other information is to be given;

  17.2 prescribing matters for the purpose of subclause 15.10.5 (1) (a) (ii);

  17.3 prescribing provisions and matters relating to policies described in subsection 15.10.5 (1);

  17.4 governing the recording of complaints and enforcement action for the purpose of subsection 15.10.6 (1);

  17.5 prescribing information about complaints and enforcement action to be provided under subsection 15.10.6 (2) and the circumstances and the manner in which the information is to be provided;

  17.6 prescribing other means for indicating that the requirements of an order have been satisfied for the purpose of subsections 12 (8), 13 (3.3), 14 (3.4), 15.9 (5.5), 15.10 (2.4), 15.10.1 (9) and 15.10.3 (7);

  18. prescribing conditions under which a building or any part of a building may be occupied, including requiring notice to be given to a chief building official or registered code agency and requiring permission to be received from the official or agency before the building or part may be occupied;

  19. exempting any building or person or class thereof from compliance with all or any part of this Act and the regulations and prescribing conditions for the exemption;

  20. prescribing the form of a warrant and the form in which the information upon oath will be taken under section 21;

  21. requiring the alteration of any part of an existing building where construction in relation to the building affects that part;

  22. requiring the payment of fees in respect of applications to the Building Materials Evaluation Commission and prescribing the amounts thereof;

  22.1 prescribing the manner in which the Minister’s written interpretations under section 28.1 are to be made available to the public;

  23. Repealed:

  24. establishing criteria to be followed by the Minister in respect of a ruling under section 29;

  25. prescribing procedures of the Building Code Commission and the Building Materials Evaluation Commission;

  26. prescribing the persons to whom notice shall be given of the issuance of a permit, the time for giving the notice and the class of buildings for which notice is required;

  27. defining, for the purposes of this Act and the building code, any word or expression not defined in this Act, and in so doing may define a word or expression differently for different provisions;

  28. prescribing forms and providing for their use or requiring that forms provided by the Minister or the director be used, and prescribing the information that must be contained in the forms;

  29. prescribing boards of health, planning boards and conservation authorities that are responsible for the enforcement of the provisions of this Act related to sewage systems and the municipalities and territory without municipal organization in which they will have jurisdiction to carry out the enforcement;

  30. permitting chief building officials or registered code agencies, subject to such conditions as are set out in the building code, to allow the use of materials, systems and building designs other than those prescribed in the building code with respect to the construction of buildings;

  31. governing the location of sewage systems;

  32. designating areas in which any class of sewage system may not be established;

  33. prescribing qualifications for chief building officials, inspectors, registered code agencies, designers and other persons referred to in section 15.12 and related matters including,

  i. requiring different qualifications for different classes of officials, inspectors, agencies, designers and other persons,

  ii. requiring assessments or examinations in connection with obtaining or maintaining the required qualifications,

  iii. establishing one or more registers identifying persons with qualifications and such other information as the regulation may require, and

  iv. requiring fees to be paid in connection with the qualifications;

  34. establishing certification, registration or licensing schemes for chief building officials, inspectors, registered code agencies, designers and other persons referred to in sections 15.11 (qualifications) and 15.12 (qualifications re sewage systems) which may include provision for,

  i. the eligibility or ineligibility of classes of persons to obtain certification, registration or a licence,

  ii. categories or classes of certification, registration or licence,

  iii. application for the issuance, amendment or renewal of a certificate, registration or a licence,

  iv. the issuance, amendment or renewal of a certificate, registration or a licence or the refusal to do so,

  v. suspension, revocation or cancellation of a certificate, registration or a licence,

  vi. the imposition of conditions relating to a certificate, registration or licence, including conditions relating to the qualifications of directors, officers, partners, employees and others associated with the holder of the certificate, registration or licence, conditions relating to the manner in which specified persons carry out activities under this Act and the building code and conditions relating to insurance coverage, including the kinds and amounts of insurance and the circumstances in which a person will be considered to be covered by insurance,

  vii. the establishment and maintenance of one or more registers containing information about the holders of certificates, registrations or licences and containing such information as may be given to the director under paragraph 35.1, and

  viii. fees payable in connection with certification, registration or licensing;

  35. prescribing an appeal to a prescribed tribunal from a refusal to issue or renew a certificate, registration or licence or a suspension, revocation or cancellation of a certificate, registration or licence, prescribing the circumstances in which the decision appealed from takes effect immediately despite the appeal, and prescribing the circumstances in which the tribunal may stay the decision pending the outcome of the appeal;

  35.1 requiring the Ontario Association of Architects and the Association of Professional Engineers of Ontario to give the prescribed information to the director;

  35.2 prescribing fees payable to the Crown by the Ontario Association of Architects and the Association of Professional Engineers of Ontario in connection with the registers referred to in paragraphs 33 and 34 and in respect of the development of training materials for a purpose described in paragraph 33 or 34;

  35.3 prescribing the persons who are required under subsection 15.13 (1) to have insurance coverage and prescribing the kinds and amounts of insurance that are required and the circumstances in which the person will be considered to be covered by insurance;

  35.4 prescribing additional functions that registered code agencies may perform;

  35.5 prescribing the manner in which registered code agencies and persons authorized by them under subsection 15.17 (1) are required to perform any of their functions;

  35.6 prescribing the manner in which a registered code agency is authorized to collect, use and disclose information;

  35.7 prescribing circumstances in which a registered code agency may be appointed in respect of a building even though an inspector or another registered code agency has already carried out a function described in section 15.15;

  35.8 prescribing circumstances in which a registered code agency cannot be appointed, including circumstances that would constitute a conflict of interest for a registered code agency;

  35.9 prescribing the information that a registered code agency is required to give to the director or to the chief building official;

  35.10 prescribing the classes of persons that may be authorized by a registered code agency under subsection 15.17 (1), the conditions to which the authorization may be subject and the information that must be included in a certificate of authorization;

  35.11 prescribing certificates and the form of certificates referred to in subsection 15.18 (2), the information that the certificates are required to contain and the circumstances and manner in which registered code agencies are permitted to issue them;

  35.12 prescribing the circumstances in which the appointment of a registered code agency may be terminated and the conditions that must be met before the termination of an appointment, including,

  i. requiring the consent of the director and authorizing the director to impose conditions and restrictions in connection with the consent, and

  ii. authorizing an appeal to a person specified in the regulations from a decision of the director or conditions imposed by the director;

  36. designating persons, specifying powers of a chief building official or inspector that those designated persons may exercise to enforce this Act and the building code in relation to the qualifications of persons described in sections 15.11 and 15.12 and the requirement in section 15.13 for insurance coverage, and establishing conditions for the exercise of the specified powers;

  37. prescribing any transitional matters necessary for the regulation of sewage systems, including matters relating to,

  i. licensing and certification and the qualifications of inspectors and persons described in subsection 15.12 (1),

  ii. certificates of approval and orders issued under the Environmental Protection Act,

  iii. enforcement issues,

  iv. matters commenced under the Environmental Protection Act, including appeals,

  v. records and documents to be kept or transferred and the payment of associated costs,

  vi. certification of records and their use in courts,

  vii. the continuation of matters commenced under the Environmental Protection Act, and

  viii. the transfer of responsibilities involving any municipality or any board of health, conservation authority or planning board prescribed under section 3.1;

  38. permitting the Building Code Commission to sit in one or more divisions simultaneously upon such conditions as may be prescribed in the regulation;

  39. authorizing one member of the Building Code Commission, with the approval of the chair or vice-chair, to hear and determine any matter and deeming the member to constitute the commission for that purpose, under such conditions as may be prescribed in the regulation;

  39.1 prescribing relationships for the purposes of clause 23 (3) (d) (eligibility to be a member of the Commission);

  39.2 prescribing the period within which the Building Code Commission must hold a hearing in respect of a dispute described in clause 24 (1) (b) or (c);

  39.3 providing for transitional provisions relating to the effect of a repeal or re-enactment of any provision of this Act;

  39.4, 39.5 Repealed:

  39.6 providing for the approval of an inspector who is the chief of the fire department of a municipality respecting fire safety matters and prescribing circumstances under which approval of the inspector may be required;

  40. prescribing any matter referred to in this Act as prescribed.

  (1.1)The Minister may make regulations adopting by reference any of the following documents, in whole or in part, with such changes as the Minister considers necessary, and requiring compliance with any provision of a document so adopted:

  1. The National Building Code of Canada 2015, the National Plumbing Code of Canada 2015, the National Energy Code of Canada for Buildings 2017, the National Farm Building Code of Canada 1995 or any subsequent versions of those codes.

  2. A code, formula, standard, guideline, protocol or procedure that requires any part of the construction of a building to be designed by an architect or a professional engineer or a combination of both.

  3. Any other code, formula, standard, guideline, protocol or procedure.

  (2)The Minister may make regulations to establish standards that existing buildings must meet even though no construction is proposed, including regulations,

  (a)prescribing any or all of the matters set out in subsections (0.1) and (1) as applicable to existing buildings;

  (b)establishing standards for maintenance, retrofit, operation, occupancy and repair;

  (c)prescribing standards related to resource conservation and environmental protection; and

  (d)prescribing standards, methods and equipment for the inspection, cleaning, disinfecting and emptying of sewage systems.

  (2.1)The Minister may make regulations governing programs established under clause 7 (1) (b.1), including regulations,

  (a)governing the classes of buildings and area affected by a program;

  (b)governing the type and manner of inspections that are conducted under a program and the frequency of the inspections;

  (c)authorizing the principal authority that establishes a program, as an alternative to conducting an inspection, to accept a certificate, in a form approved by the Minister, that is signed by a person who belongs to a class of persons specified by the regulations and that confirms that the person has conducted an inspection and is of the opinion that the building that was inspected complies with the standards prescribed under clause (2) (b) that are enforced by the program.

  (2.2)The Minister may make regulations establishing and governing programs to enforce standards prescribed under clause (2) (b) in relation to sewage systems, including regulations,

  (a)governing the classes of sewage systems affected by the program;

  (b)requiring a principal authority that has jurisdiction in the area affected by the program to administer the program for that area and to conduct inspections under the program;

  (c)governing the type and manner of inspections that are conducted under the program and the frequency of the inspections;

  (d)authorizing the principal authority that administers the program, as an alternative to conducting an inspection, to accept a certificate, in a form approved by the Minister, that is signed by a person who belongs to a class of persons specified by the regulations and that confirms that the person has conducted an inspection and is of the opinion that the sewage system that was inspected complies with the standards prescribed under clause (2) (b) that are enforced by the program.

  (2.3)The Minister may make regulations establishing and governing programs to enforce standards prescribed under clause (2) (b) in relation to buildings other than sewage systems, including regulations,

  (a)governing the classes of buildings and area affected by or subject to the programs;

  (b)requiring a principal authority that has jurisdiction in an area affected by a program to administer the program for that area;

  (c)requiring building condition evaluations to be conducted by persons who belong to a specified class of persons, which may include a holder of any licence or certificate issued under the Architects Act or the Professional Engineers Act or a class of such holders;

  (d)governing the type and manner of building condition evaluations that are conducted under a program, the frequency of the evaluations or the manner for determining when evaluations are required;

  (e)authorizing a chief building official or inspector to require a building condition evaluation be conducted and governing the circumstances in which he or she may do so;

  (f)requiring a person described in clause (c) who conducts a building condition evaluation to prepare a report in a form approved by the Minister, that is signed by that person and that contains and confirms the prescribed information;

  (g)requiring a person described in clause (c) who prepares a report described in clause (f) to, in the prescribed circumstances and within the prescribed period, provide a copy of the report to the building owner, chief building official and other prescribed persons;

  (h)requiring a person described in clause (c) to notify the building owner, chief building official and other prescribed persons within a prescribed period if the person is of the opinion the building is unsafe within the meaning of subsection 15.9 (2) or poses an immediate danger to the health or safety of persons;

  (i)requiring such documents, records or other information as may be prescribed to be kept as prescribed by any person and providing for their production to, or inspection and examination by, prescribed persons.

  (3)A regulation made under this section applies to buildings whether erected before or after the coming into force of this Act.

  (4)Any regulation made under this section may be limited in its application territorially or to any class of activity, matter, person or thing.

  (4.1)A class under this Act may be defined with respect to any attribute, quality or characteristic and may be defined to consist of, include or exclude any specified member whether or not with the same attributes, qualities or characteristics.

  (4.2)A regulation made under paragraph 37 of subsection (1) may be retroactive.

  (5)The purposes of the regulations made under this section are,

  (a)to establish standards for public health and safety, fire protection, structural sufficiency, conservation, including, without limitation, energy and water conservation, and environmental integrity, and to establish barrier-free requirements, with respect to buildings; and

  (b)to establish processes for the enforcement of the standards and requirements.

  (6)(7) Repealed:

  Open BCA s. 34 in the code viewer
• BCA s. 35 Municipal by-laws+

  (1)This Act and the building code supersede all municipal by-laws respecting the construction or demolition of buildings.

  (1.1)For greater certainty, sections 9, 10 and 11 of the Municipal Act, 2001 and sections 7 and 8 of the City of Toronto Act, 2006 do not authorize a municipality to pass by-laws respecting the construction or demolition of buildings.

  (2)In the event that this Act or the building code and a municipal by-law treat the same subject-matter in different ways in respect to standards for the use of a building described in section 10 or standards for the maintenance or operation of a sewage system, this Act or the building code prevails and the by-law is inoperative to the extent that it differs from this Act or the building code.

  (3)For the purpose of this section, a municipal by-law includes a by-law of an upper-tier municipality and a local board as defined in the Municipal Affairs Act.

  (4)For greater certainty, municipal by-laws respecting the construction or demolition of buildings referred to in subsection (1) include municipal by-laws that prescribe construction standards for the protection or conservation of the environment.

  Open BCA s. 35 in the code viewer
• BCA s. 36 Offences+

  (1)A person is guilty of an offence if the person,

  (a)knowingly furnishes false information in any application under this Act, in any certificate required to be issued or in any statement or return required to be furnished under this Act or the regulations;

  (b)fails to comply with an order, direction or other requirement made under this Act; or

  (c)contravenes this Act, the regulations or a by-law passed under section 7.

  (2)Every director or officer of a corporation who knowingly concurs in the furnishing of false information, the failure to comply or the contravention under subsection (1) is guilty of an offence.

  (3)A person who is convicted of an offence is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $100,000 for a subsequent offence.

  (4)If a corporation is convicted of an offence, the maximum penalty that may be imposed upon the corporation is $500,000 for a first offence and $1,500,000 for a subsequent offence and not as provided in subsection (3).

  (5)For the purposes of subsections (3) and (4), an offence is a subsequent offence if there has been a previous conviction under this Act.

  (6)Every person who fails to comply with an order made by a chief building official under subsection 14 (1) or clause 15.9 (6) (a) or 15.10.3 (8) (a) is guilty of an offence and on conviction, in addition to the penalties mentioned in subsections (3) and (4), is liable to a fine of not more than $10,000 per day for every day the offence continues after the time given for complying with the order has expired.

  (7)If this Act or the regulations are contravened and a conviction is entered, in addition to any other remedy and to any penalty imposed by this Act, the court in which the conviction is entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted.

  (8)No proceeding under this section shall be commenced more than one year after the facts on which the proceeding is based first came to the knowledge of,

  (a)an officer, where the proceeding is in respect of the enforcement of by-laws passed under section 15.1; or

  (b)the chief building official, in any other case.

  (8.1)Subsection (8), as it read immediately before the day subsection 2 (9) of Schedule 21 to the Good Government Act, 2009 comes into force, continues to apply where the subject-matter of the proceeding arose more than one year before that day.

  (9)If an offence under this section has been committed within a municipality, the proceeds of a fine imposed under this section shall be paid to the treasurer of that municipality, and section 2 of the Administration of Justice Act and section 4 of the Fines and Forfeitures Act do not apply in respect of the fine.

  (10)Despite subsection (9), if an offence under this section concerns the provisions of this Act and the building code related to sewage systems and if it is committed in a municipality or territory without municipal organization that is prescribed under subsection 3.1 (1), the proceeds of a fine imposed under this section shall be paid to the applicable board of health, planning board or conservation authority prescribed under subsection 3.1 (1), and section 2 of the Administration of Justice Act and section 4 of the Fines and Forfeitures Act do not apply in respect of the fine.

  Open BCA s. 36 in the code viewer
• BCA s. 37 Proof of directions, orders, etc.+

  (1)In any prosecution for an offence under this Act, a copy of a direction or order purporting to have been made under this Act or the regulations and purporting to have been signed by the person authorized by this Act to make the direction or order is, in the absence of evidence to the contrary, proof of the direction or order without proof of the signature or authority.

  (2)A statement as to any matter of record in an office of the chief building official or an officer purporting to be certified by the chief building official or the officer is, without proof of the office or signature of the chief building official or officer, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein in any civil proceeding or proceeding under the Provincial Offences Act.

  Open BCA s. 37 in the code viewer
• BCA s. 38 Restraining order+

  (1)Where it appears to a chief building official that a person does not comply with this Act, the regulations or an order made under this Act, despite the imposition of any penalty in respect of the non-compliance and in addition to any other rights he or she may have, the chief building official may apply to the Superior Court of Justice for an order directing that person to comply with the provision.

  (2)Upon the application under subsection (1), the judge may make the order or such other order as the judge thinks fit.

  (3)An appeal lies to the Divisional Court from an order made under subsection (1).

  Open BCA s. 38 in the code viewer