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Values this chapter turns on
- kinds of principal authority listed in s. 1(1)
- 6 bodies
- kinds of principal authority listed in s. 1(1)
- parts of the Act's definition of a building
- 4 limbs
- parts of the Act's definition of a building
- builder's role clauses in s. 1.1(3)
- 4 duties
- builder's role clauses in s. 1.1(3)
- make up the RCA's role in s. 1.1(5)
- 2 clauses
- make up the RCA's role in s. 1.1(5)
The Powers and Duties of Registered Code Agencies exam starts where the Act starts: with the words it defines and the job it gives each person in the construction process. For a registered code agency (RCA) candidate, the definitions matter because the Act builds the whole RCA scheme out of a handful of defined terms: "registered code agency", "principal authority", and the three RCA certificates. Section 1.1 then tells you what an RCA is supposed to do, and just as important, what it is limited to.
Definitions that drive the RCA scheme (s. 1)
All definitions sit in BCA s. 1(1)BCA s. 1 Definitions(1) In this Act, “building” means, (a) a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto, (b) a structure occupying an area…. The ones you will use most on this exam:
| Term | What the Act says, in short | Why an RCA cares |
|---|---|---|
| registered code agency | "a person that has the qualifications and meets the requirements described in subsection 15.11 (4)" | An RCA is a qualified person, which can be a corporation or partnership. Division C 3.4 supplies the qualifications. |
| principal authority | The Crown, the council of a municipality, and certain upper-tier municipalities, boards of health, planning boards and conservation authorities | Only a principal authority can appoint an RCA under s. 4.1, and it decides whether applicant appointments under s. 4.2 are allowed. |
| plans review certificate | A certificate prescribed under the building code or approved by the Minister as a plans review certificate | Issued by an RCA before a permit; it limits the CBO's grounds for refusal (s. 8(2.1)). |
| change certificate | A certificate prescribed or approved as a change certificate | Supports a request to change permit documents (s. 8(14)). |
| final certificate | A certificate prescribed or approved as a final certificate | Needed before occupancy where an RCA does post-permit functions (s. 11(3)). |
| chief building official | Appointed or constituted under s. 3 or 4 | The RCA reports to and refers matters to the CBO. |
| inspector | Appointed under s. 3, 3.1, 4, 6.1 or 6.2 | An RCA is not an inspector; persons it authorizes get some inspector powers only through s. 15.17. |
| construct | To do anything in the erection, installation, extension or material alteration or repair of a building | RCA functions are tied to "the construction of a building". |
Look closely at the "principal authority" list in BCA s. 1(1)BCA s. 1 principal authority“principal authority” means, (a) the Crown, (b) the council of a municipality, (c) an upper-tier municipality that has entered into an agreement under subsection 3 (5), 6.1 (1) or 6.2 (1), (d) a board of health that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under…. A board of health is a principal authority only if it is prescribed under s. 3.1(1) or has an agreement under s. 6.1(2) or (3) or 6.2(2). A conservation authority is one only if prescribed under s. 3.1(1) or party to a s. 6.2(2) agreement. An upper-tier municipality qualifies only if it has an agreement under s. 3(5), 6.1(1) or 6.2(1). A private company, a design firm or the director is never a principal authority.
The definition of registered code agencyBCA s. 1 registered code agency“registered code agency” means a person that has the qualifications and meets the requirements described in subsection 15.11 (4); (“organisme inscrit d’exécution du code”) points to s. 15.11(4), which says a person is not eligible to be appointed as an RCA unless the person has the qualifications and meets the requirements in the building code. Division C 3.4.3.1. then makes registration with the director the qualification (chapter 11).
Other definitions worth a quick read: "building" (four limbs, including a sewage system), "demolish", "director" (appointed under s. 2), "Minister" (Municipal Affairs and Housing) and "regulations". Also note BCA s. 1(2)BCA s. 1 Definitions(1) In this Act, “building” means, (a) a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto, (b) a structure occupying an area…: the Act does not apply to structures used directly in the extraction of ore from a mine.
Role of a registered code agency (s. 1.1(5))
BCA s. 1.1(5)BCA s. 1.1 Role of various persons(1) It is the role of every person who causes a building to be constructed, (a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building; (b) to ensure that construction does not proceed unless any permit required under this… sets out the RCA's role:
"(a) to exercise powers and perform duties under this Act and the building code in connection with reviewing plans, issuing certificates, inspecting construction and performing other functions in accordance with this Act and the building code; and (b) to carry out the duties of a registered code agency under this Act and the building code in respect of only those matters for which the registered code agency is qualified under this Act and the building code."
Two ideas: the RCA's activities (plans review, certificates, inspection, other functions), and the limit (only matters for which it is qualified). The second idea links to the RCA classes of registration in Division C Table 3.5.2.2. An RCA registered only in the House class has no role on a Large Buildings project.
The other roles, compared
| Person | Key words in s. 1.1 | Independence and code of conduct? |
|---|---|---|
| Person who causes a building to be constructed (s. 1.1(1)) | Build per the Act, code and permit; no construction without a permit; use only qualified and insured persons | No |
| Designer (s. 1.1(2)) | Designs that comply, documentation detailed enough to assess and to build from, only matters they are qualified for, general review where required | No |
| Builder (s. 1.1(3)) | No construction without a permit, build per the permit, appropriate techniques, notify when site conditions affect compliance | No |
| Manufacturers, suppliers, retailers (s. 1.1(4)) | Products comply with standards under the Act and code | No |
| Building owner (s. 1.1(4.1)) | Maintain, repair and evaluate; keep records | No |
| Registered code agency (s. 1.1(5)) | Review plans, issue certificates, inspect, other functions; only where qualified | Not in s. 1.1 (RCAs follow SC-1 under Div. C 3.7.4.1.) |
| Chief building official (s. 1.1(6)) | Operational policies, co-ordinate and oversee enforcement, independent manner, code of conduct | Yes |
| Inspector (s. 1.1(7)) | Plans review, inspections, maintenance inspections, orders; only where qualified; independent manner | Yes |
The builder's role contains a direct RCA link: under s. 1.1(3)(d), when site conditions affect compliance with the building code, the builder notifies "the designer and an inspector or the registered code agency, as appropriate".
Section 1.1(8) closes the section: nothing in it relieves anyone from complying with the Act or the code, or affects the rights or duties of persons not mentioned.
Worked scenarios
Scenario 1. A municipality wants to appoint a private firm as an RCA for a hospital addition. The firm passed the RCA exam but is registered only in the Small Buildings class. Under s. 1.1(5)(b) the firm's role extends only to matters for which it is qualified, and Division C 3.7.2.1.(1)(a) bars an appointment outside its class. It cannot take the appointment.
Scenario 2. A developer asks whether its own construction subsidiary can be a "principal authority" so it can appoint an RCA. No. The s. 1(1) list is closed: the Crown, municipal councils and certain prescribed or agreement-bound public bodies.
Scenario 3. During excavation the builder hits unexpected bedrock that changes the footing design. An RCA is appointed for inspections. Under s. 1.1(3)(d), the builder notifies the designer and the RCA.
Common traps
- Calling an RCA an "inspector". The Act keeps the two separate; s. 15.17 lets persons authorized by an RCA use certain inspector powers, but the RCA is not appointed under s. 3, 3.1, 4, 6.1 or 6.2.
- Thinking the "independent manner" and code of conduct wording in s. 1.1 applies to RCAs. In s. 1.1 it appears for the CBO and inspectors; RCAs are bound by the SC-1 code of conduct through Division C.
- Forgetting that an RCA can be a corporation. The definition uses "person", and Division C refers to directors, officers, partners and employees of a registered person.
- Mixing up "plans review certificate" (before permit) and "final certificate" (before occupancy).
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.
- Role of a registered code agency (s. 1.1(5))
Two ideas: the RCA's activities (plans review, certificates, inspection, other functions), and the limit (only matters for which it is qualified).
- The other roles, compared
The builder's role contains a direct RCA link: under s. 1.1(3)(d), when site conditions affect compliance with the building code, the builder notifies "the designer and an…
Usual exam traps
- Calling an RCA an "inspector". The Act keeps the two separate; s. 15.17 lets persons authorized by an RCA use certain inspector powers, but the RCA is not appointed under s. 3, 3.1, 4, 6.1 or 6.2.
- Thinking the "independent manner" and code of conduct wording in s. 1.1 applies to RCAs. In s. 1.1 it appears for the CBO and inspectors; RCAs are bound by the SC-1 code of conduct through Division C.
- Forgetting that an RCA can be a corporation. The definition uses "person", and Division C refers to directors, officers, partners and employees of a registered person.
- Mixing up "plans review certificate" (before permit) and "final certificate" (before occupancy).
Practice this chapter
Questions on Interpretation and roles, 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. 1 Definitions
Open BCA s. 1 in the code viewer(1)In this Act,
“building” means,
(a)a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto,
(b)a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto,
(c)plumbing not located in a structure,
(c.1) a sewage system, or
(d)structures designated in the building code; (“bâtiment”)
“building code” means regulations made under section 34; (“code du bâtiment”)
“building condition evaluation” means an evaluation conducted under a building condition evaluation program; (“évaluation de l’état du bâtiment”)
“building condition evaluation program” means a program established under subsection 34 (2.3); (“programme d’évaluation de l’état des bâtiments”)
“building owner” means, in respect of a building,
(a) the registered owner of the land on which the building is located or, if the building is owned separately from the land on which the building is located, the owner of the building, unless the person is a person prescribed in the building code,
(b) the person that is responsible for maintaining the building or part of the building subject to a building condition evaluation program, unless the person is a person prescribed in the building code, and
(c) such other persons as may be prescribed; (“propriétaire du bâtiment”)
“change certificate” means a certificate prescribed under the building code or approved by the Minister as a change certificate; (“certificat de modification”)
“chief building official” means a chief building official appointed or constituted under section 3 or 4; (“chef du service du bâtiment”)
“code of conduct” means a code of conduct described in section 7.1; (“code de conduite”)
“construct” means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere and “construction” has a corresponding meaning; (“construire”, “construction”, “travaux de construction”)
“demolish” means to do anything in the removal of a building or any material part thereof and “demolition” has a corresponding meaning; (“démolir”, “démolition”, “travaux de démolition”)
“director” means the person appointed as director under section 2; (“directeur”)
“final certificate” means a certificate prescribed under the building code or approved by the Minister as a final certificate; (“certificat définitif”)
“inspector” means an inspector appointed under section 3, 3.1, 4, 6.1 or 6.2; (“inspecteur”)
“maintenance inspection” means an inspection conducted under a maintenance inspection program; (“inspection d’entretien”)
“maintenance inspection program” means a program established under clause 7 (1) (b.1) or subsection 34 (2.2); (“programme d’inspections d’entretien”)
“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)
“municipality” means a local municipality; (“municipalité”)
“officer” means a property standards officer who has been assigned the responsibility of administering and enforcing by-laws passed under section 15.1; (“agent”)
“planning board” means a planning board established under section 9 or 10 of the Planning Act; (“conseil d’aménagement”)
“plans review certificate” means a certificate prescribed under the building code or approved by the Minister as a plans review certificate; (“certificat d’examen des plans”)
“plumbing” means a drainage system, a venting system and a water system or parts thereof; (“installation de plomberie”)
“principal authority” means,
(a) the Crown,
(b) the council of a municipality,
(c) an upper-tier municipality that has entered into an agreement under subsection 3 (5), 6.1 (1) or 6.2 (1),
(d) a board of health that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.1 (2) or (3) or 6.2 (2),
(e)a planning board that has been prescribed for the purposes of subsection 3.1 (1), or
(f)a conservation authority that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.2 (2); (“autorité principale”)
“registered code agency” means a person that has the qualifications and meets the requirements described in subsection 15.11 (4); (“organisme inscrit d’exécution du code”)
“regulations” means regulations made under this Act. (“règlements”)
(1.1)Except as provided in subsection (1.2), a reference to “this Act” in any provision of this Act shall be deemed to be a reference to this Act excluding sections 15.1 to 15.8.
(1.2)A reference to “this Act” in subsection 1 (1) and sections 2, 16, 19, 20, 21, 27, 31, 36 and 37 includes a reference to sections 15.1 to 15.8.
(1.3)A reference to the “chief building official” in this Act, other than in subsections 1 (1), 3 (2), (3) and (6) and section 4, includes an inspector who has the same powers and duties as the chief building official,
(a)in relation to sewage systems by virtue of subsections 3.1 (3) or 6.2 (4); and
(b)in relation to plumbing by virtue of subsection 6.1 (5).
(2)This Act does not apply to structures used directly in the extraction of ore from a mine.
BCA s. 1 principal authority
Open BCA s. 1 in the code viewer“principal authority” means,
(a)the Crown,
(b)the council of a municipality,
(c)an upper-tier municipality that has entered into an agreement under subsection 3 (5), 6.1 (1) or 6.2 (1),
(d)a board of health that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.1 (2) or (3) or 6.2 (2),
(e)a planning board that has been prescribed for the purposes of subsection 3.1 (1), or
(f)a conservation authority that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.2 (2); (“autorité principale”)
BCA s. 1 registered code agency
Open BCA s. 1 in the code viewer“registered code agency” means a person that has the qualifications and meets the requirements described in subsection 15.11 (4); (“organisme inscrit d’exécution du code”)
BCA s. 1.1 Role of various persons
Open BCA s. 1.1 in the code viewer(1)It is the role of every person who causes a building to be constructed,
(a)to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building;
(b)to ensure that construction does not proceed unless any permit required under this Act has been issued by the chief building official; and
(c)to ensure that construction is carried out only by persons with the qualifications and insurance, if any, required by this Act and the building code.
(2)It is the role of a designer,
(a)if the designer’s designs are to be submitted in support of an application for a permit under this Act, to provide designs which are in accordance with this Act and the building code and to provide documentation that is sufficiently detailed to permit the design to be assessed for compliance with this Act and the building code and to allow a builder to carry out the work in accordance with the design, this Act and the building code;
(b)to perform the role described in clause (a) in respect of only those matters for which the designer has the qualifications, if any, required by this Act and the building code; and
(c)if the building code requires that all or part of the design or construction of a building be under general review, to perform the general review in respect of only those matters for which the designer has the qualifications, if any, required by this Act and the building code.
(3)It is the role of a builder,
(a)to ensure that construction does not proceed unless any permit required under this Act has been issued by the chief building official;
(b)to construct the building in accordance with the permit;
(c)to use appropriate building techniques to achieve compliance with this Act and the building code; and
(d)when site conditions affect compliance with the building code, to notify the designer and an inspector or the registered code agency, as appropriate.
(4)It is the role of manufacturers, suppliers and retailers of products that are intended for use in Ontario in the construction of a building for a purpose that is regulated by this Act or the building code to ensure that the products comply with the standards established under this Act and the building code.
(4.1)It is the role of a building owner,
(a)to ensure that the building or part of the building is maintained, repaired and evaluated in accordance with this Act and the building code; and
(b)to ensure documents, records and other information about the building are kept and provided in accordance with this Act and the building code.
(4.2)It is the role of a person who conducts a building condition evaluation,
(a)to carry out the responsibilities of that person under a building condition evaluation program in accordance with this Act and the building code; and
(b)to perform the role described in clause (a) in respect of only those matters for which the person has the qualifications, if any, required by this Act and the building code.
(5)It is the role of a registered code agency,
(a)to exercise powers and perform duties under this Act and the building code in connection with reviewing plans, issuing certificates, inspecting construction and performing other functions in accordance with this Act and the building code; and
(b)to carry out the duties of a registered code agency under this Act and the building code in respect of only those matters for which the registered code agency is qualified under this Act and the building code.
(6)It is the role of a chief building official,
(a)to establish operational policies for the enforcement of this Act and the building code within the applicable jurisdiction;
(b)to co-ordinate and oversee the enforcement of this Act and the building code within the applicable jurisdiction;
(c)to exercise powers and perform the other duties assigned to him or her under this Act and the building code; and
(d)to exercise powers and perform duties in an independent manner and in accordance with the standards established by the applicable code of conduct.
(7)It is the role of an inspector,
(a)to exercise powers and perform duties under this Act and the building code in connection with reviewing plans, inspecting construction, conducting maintenance inspections and issuing orders in accordance with this Act and the building code;
(b)to exercise powers and perform duties in respect of only those matters for which he or she has the qualifications required by this Act and the building code; and
(c)to exercise powers and perform duties in an independent manner and in accordance with the standards established by the applicable code of conduct.
(8)Nothing in this section relieves any person from the duty to comply with any part of this Act or the building code or affects the rights or duties of a person not mentioned in this section in respect of the construction of a building.