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
- earliest a warrant may be executed, by default
- 6 a.m.
- earliest a warrant may be executed, by default
- latest a warrant may be executed, by default
- 9 p.m.
- latest a warrant may be executed, by default
- listed for an inspector in s. 18(1), (a) to (f)
- 6 powers
- listed for an inspector in s. 18(1), (a) to (f)
This chapter covers the tools used on site: identification, entry into dwellings, the inspector's powers to demand documents and take samples, the offences of obstruction, and search warrants. Persons authorized by an RCA use several of these powers directly (through s. 15.17(3)), and the obstruction rules in s. 19 and 20 protect them by name. Recovery of expenditures in s. 17.1(1) is excluded from the syllabus.
Identification (s. 15.23)
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.: "The 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."
| Person | Document carried |
|---|---|
| CBO, inspector | Certificate of appointment (issued by the clerk, medical officer of health, secretary-treasurer or Deputy Minister, depending on who appointed them) |
| RCA-authorized person | Certificate of authorization issued by the RCA under s. 15.17(2) |
Division C 3.7.4.5.(3) repeats the duty for RCA-authorized persons.
Entry to dwellings (s. 16)
Entry powers in s. 8, 12, 15, 15.2, 15.4, 15.9, 15.10.1 and 15.10.3 are all subject to 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 "shall not enter or remain in any room or place actually being used as a dwelling" unless one of these applies:
| Clause | Condition |
|---|---|
| (a) | Occupier consents, after first being told that entry may be refused and made only under a warrant |
| (a.1) | A warrant under the Act is obtained |
| (b) | The delay to get a warrant or consent would result in an immediate danger to health or safety |
| (c) | Entry is necessary to terminate a danger under s. 15.7(3) or 15.10(3) |
| (d) | Entry to remove a building or restore a site, remove an unsafe condition, or repair or demolish, with notice under s. 16(2) |
For (d), the occupier must be served notice of the intention to enter within a reasonable time before entry (s. 16(2)). Because s. 15.17(3) gives RCA-authorized persons the powers and duties of an inspector under s. 16, these limits apply to them too: an RCA inspector checking a basement renovation in an occupied house needs consent (properly informed), a warrant, or an emergency.
Powers of inspector (s. 18)
BCA s. 18(1)BCA 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…: for an inspection under the Act, an inspector may
- (a) require production of documents or things, including drawings or specifications;
- (b) inspect and remove documents or things to make copies or extracts;
- (c) require information from any person concerning a matter related to a building;
- (d) be accompanied by a person with special or expert knowledge;
- (e) alone or with such an expert, make examinations or take tests, samples or photographs;
- (f) order any person to take and supply, at that person's expense, such tests and samples as are specified in the order.
Follow-up rules:
| Subsection | Rule |
|---|---|
| 18(2) | A sample taken under (1)(e) is divided in two, one part to the person, if they ask at the time, provide the facilities, and division is technically feasible |
| 18(3) | If not divided, a copy of any report on the sample goes to the person |
| 18(4) | Receipt for anything removed; prompt return after copying |
| 18(5) | Certified copies are admissible in evidence like originals |
| 18(6) | Orders under s. 18(1) use the prescribed or Minister-approved form |
For RCAs: an order under clause 18(1)(f) is signed by the RCA or a person with the Clause 3.4.3.2.(1)(b) or (c) qualifications (Division C 3.7.4.4.(2)), and records produced or taken under s. 18(1) must be copied to the CBO (Division C 3.7.6.3.(2)(e)).
Obstruction (s. 19 and 20)
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… names "a person authorized by a registered code agency" alongside the CBO, inspectors and officers:
- (1) No hindering or obstructing, or attempting to, in the exercise of a power or performance of a duty.
- (2) Refusing consent to enter a place actually used as a dwelling is not obstruction, unless the person is acting under a warrant or in the circumstances in s. 16(1)(b), (c) or (d).
- (3) Every person shall assist any entry, inspection, examination, testing or inquiry.
- (4) No neglecting or refusing to produce documents or things required under s. 18(1)(a) or (e), or to provide information under s. 18(1)(c), to an inspector or RCA-authorized person.
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 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." So an RCA itself can authorize removal of a posted order, for example once its stop work order has been dealt with.
Warrants (s. 21)
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… search warrants are for offences:
| Point | Rule |
|---|---|
| Who issues | A provincial judge or justice of the peace |
| Test | Information on oath gives reasonable ground to believe an offence has been committed and the search will afford evidence of it |
| Seizure | May be authorized for anything reasonably believed to afford evidence |
| After seizure | Receipt to the person; bring the thing before a judge or justice |
| Expiry | Date stated in the warrant, not later than 15 days after issue |
| Hours | Only between 6 a.m. and 9 p.m. unless the warrant says otherwise |
| Forms | Division C 1.4.1.1.: Form 1.4.1.1.-A (information) and Form 1.4.1.1.-B (warrant) |
Worked scenarios
Scenario 1. An RCA's authorized inspector arrives at a commercial site. The site supervisor asks for identification. The inspector must produce the RCA's certificate of authorization (s. 15.23).
Scenario 2. The authorized inspector asks the contractor for the truss shop drawings. The contractor refuses. That is a breach of s. 19(4)(a): neglecting or refusing to produce drawings required under s. 18(1)(a) by a person authorized by an RCA.
Scenario 3. A homeowner refuses to let the RCA inspector into the occupied basement suite. No warrant, no emergency. The refusal is not obstruction (s. 19(2)).
Scenario 4. A warrant issued on the 1st of the month states it expires on the 20th. That is too long: the expiry date must be no later than 15 days after issue.
Common traps
- Thinking s. 16 does not apply to RCA inspectors. Section 15.17(3) brings it in expressly.
- Thinking a split sample is automatic. The person must request it at the time and provide the facilities, and division must be technically feasible.
- Assuming a search warrant is needed for routine inspections. Section 12 entry is without a warrant; s. 21 warrants are for gathering evidence of offences.
- Forgetting that an RCA can authorize removal of a posted order under s. 20.
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 (s. 15.23)
Division C 3.7.4.5.(3) repeats the duty for RCA-authorized persons.
- Entry to dwellings (s. 16)
For (d), the occupier must be served notice of the intention to enter within a reasonable time before entry (s. 16(2)).
- Powers of inspector (s. 18)
For RCAs: an order under clause 18(1)(f) is signed by the RCA or a person with the Clause 3.4.3.2.(1)(b) or (c) qualifications (Division C 3.7.4.4.(2)), and records produced or…
Usual exam traps
- Thinking s. 16 does not apply to RCA inspectors. Section 15.17(3) brings it in expressly.
- Thinking a split sample is automatic. The person must request it at the time and provide the facilities, and division must be technically feasible.
- Assuming a search warrant is needed for routine inspections. Section 12 entry is without a warrant; s. 21 warrants are for gathering evidence of offences.
- Forgetting that an RCA can authorize removal of a posted order under s. 20.
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 Building Code Act, 1992 on e-Laws.
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. 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.