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Values this chapter turns on
- after completion notice, where no final certificate
- 10 days
- after completion notice, where no final certificate
- not seriously commenced before a permit can be revoked
- 6 months
- not seriously commenced before a permit can be revoked
- of substantial suspension before revocation
- 1 year
- of substantial suspension before revocation
- on which the CBO may revoke a permit
- 6 grounds
- on which the CBO may revoke a permit
Sections 8 to 14 of the Act run a project from permit to occupancy. For an RCA, these sections are full of hooks: the plans review certificate that a CBO cannot second-guess, the change certificate, notices of readiness that go to the RCA instead of the CBO, the final certificate needed before occupancy, and the RCA's own powers to order uncovering and to stop work, followed by a mandatory referral to the CBO.
The syllabus excludes the conditional permit details in s. 8(3) to (8) and s. 8(9.1). Section 8(9) (referral to the engineering and architects associations) stays in.
Building permits (s. 8)
The CBO, not the RCA, issues permits. BCA s. 8(1)BCA s. 8 Building permits(1) No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official. (1.1) An application for a permit to construct or demolish a building may be made by a person specified by regulation and the prescribed form…: "No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official."
Under s. 8(2) the CBO shall issue the permit unless one of these applies:
| Clause | Ground to refuse |
|---|---|
| (a) | Contravenes the Act, the building code or any other applicable law |
| (b) | Applicant is an unlicensed builder or vendor under the New Home Construction Licensing Act, 2017 |
| (b.1) | Architects Act or Professional Engineers Act requires an architect or engineer design and it is not so designed |
| (c) | A designer lacks the required qualifications or insurance |
| (d) | The plans review certificate, if any, does not contain the prescribed information |
| (e) | Application not complete |
| (f) | Fees due not paid |
The RCA rule is BCA s. 8(2.1)BCA s. 8 Building permits(1) No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official. (1.1) An application for a permit to construct or demolish a building may be made by a person specified by regulation and the prescribed form…: "If the application includes a plans review certificate that contains the prescribed information, the chief building official is not entitled to refuse to issue the permit on the grounds that the proposed construction of the building to which the certificate relates does not comply with the building code." The CBO can still refuse for other s. 8(2) grounds, such as zoning (other applicable law), unpaid fees or an incomplete application.
The same idea applies to changes. Section 8(12) forbids material changes to permit documents without notifying, filing details with and obtaining the authorization of the CBO. Under s. 8(14), if the request comes with a change certificate containing the prescribed information, the CBO cannot refuse the change on building code compliance grounds.
Section 8(9): "Upon reasonable grounds, the chief building official or registered code agency may refer drawings, plans or specifications ... or the reports arising out of the general review" to the Association of Professional Engineers of Ontario or the Ontario Association of Architects to determine if their Acts are being contravened.
Revocation under s. 8(10) belongs to the CBO, subject to s. 25: issued on mistaken, false or incorrect information; not seriously commenced within six months; substantially suspended for more than one year; issued in error; holder's written request; or breach of a conditional permit agreement.
Change of use, notices and occupancy (s. 10 to 11)
- BCA s. 10BCA s. 10 Change of use(1) Even though no construction is proposed, no person shall change the use of a building or part of a building or permit the use to be changed if the change would result in an increase in hazard, as determined in accordance with the building code, unless a permit has been issued by the chief building official. (2)…: a permit is needed to change use where the change would result in an increase in hazard, even with no construction. The CBO shall issue it unless the use would contravene the Act, code or other law, the application is incomplete, or fees are unpaid.
- BCA s. 10.1BCA s. 10.1 Prohibition re sewage systemsNo person shall operate or maintain a sewage system or permit a sewage system to be operated or maintained except in accordance with this Act and the building code.: no person shall operate or maintain a sewage system except in accordance with the Act and code.
- BCA s. 10.2BCA s. 10.2 Notice of readiness for inspection(1) At each stage of construction specified in the building code, the prescribed person shall notify the chief building official or the registered code agency, if any, that the construction is ready to be inspected. (2) After the notice is received, an inspector or the registered code agency, as the case may be, shall…: at each stage specified in the code, the prescribed person notifies "the chief building official or the registered code agency, if any" that construction is ready to be inspected; then "an inspector or the registered code agency, as the case may be, shall carry out the inspection required by the building code within the prescribed period."
- BCA s. 11BCA s. 11 Occupancy or use after completion(1) Except as authorized by the building code, a person shall not occupy or use a building or part of a building that is newly erected or installed or permit it to be occupied or used until the requirements set out in this section are met. (2) Notice of the date of completion of the building or part must be given to…: no occupancy of a newly erected or installed building until the requirements are met. Notice of the completion date goes to the CBO or the RCA, if any (s. 11(2)).
Occupancy, the RCA branch, s. 11(3): if an RCA has been appointed by a principal authority for the functions in clause 4.1(4)(b) or (c), or has been appointed under s. 4.2, "a final certificate that contains the prescribed information must be issued." Otherwise (s. 11(4)) the building must be inspected or 10 days must pass after notice of completion is served on the CBO, and any s. 12 order must be complied with.
| Situation | Occupancy route |
|---|---|
| RCA appointed by principal authority for pre-permit functions only (4.1(4)(a)) | s. 11(4): inspection or 10 days after notice, plus s. 12 orders complied with |
| RCA appointed by principal authority for post-permit or both (4.1(4)(b) or (c)) | s. 11(3): final certificate |
| RCA appointed under s. 4.2 | s. 11(3): final certificate |
| No RCA | s. 11(4) |
Inspections, order not to cover and stop work (s. 12 to 14)
Who can do what:
| Power | Who |
|---|---|
| Enter and inspect without warrant (s. 12(1)) | Inspector (and, through s. 15.17, persons authorized by an RCA) |
| Order directing compliance (s. 12(2)) | Inspector (and RCA-authorized persons) |
| Order not to cover pending inspection (s. 13(1)) | Inspector (and RCA-authorized persons) |
| Order to uncover (s. 13(6)) | CBO or registered code agency |
| Stop work order (s. 14(1)) | CBO or registered code agency, as the case may be |
| Register a discharge certificate when an order is satisfied (s. 12(7), 13(3.2), 14(3.3)) | CBO |
Under BCA s. 13(6)BCA s. 13 Order not to cover(1) An inspector may make an order prohibiting the covering or enclosing of any part of a building pending inspection. (1.1) The prescribed form or the form approved by the Minister must be used for an order made under this section. (2) The order shall be served on the person to whom the permit is issued, if any, and… a CBO or RCA with reason to believe a covered part was not built in compliance may order it uncovered at the responsible persons' expense if, for example, it was covered contrary to an order not to cover, a required notice was not given, the prescribed inspection period did not elapse, or there was no permit.
BCA s. 14BCA s. 14 Stop work order(1) If an order made under section 12 or 13 is not complied with within the time specified in it, or where no time is specified, within a reasonable time, the chief building official or registered code agency, as the case may be, may order that all or any part of the construction or demolition cease. (1.1) The… stop work orders: available when a s. 12 or 13 order is not complied with within the time specified or, if none, within a reasonable time. The order is served on affected persons, a copy is posted on site, and it is effective from posting. Then the RCA-specific rules:
- s. 14(5): "When a registered code agency makes an order under this section, the agency shall refer the matter to the chief building official as soon as practicable."
- s. 14(6): the referral is made in the prescribed manner (Division C 3.7.7.1., chapter 12).
- s. 14(7): after the referral the RCA "shall take no further steps in respect of the matter" and the principal authority that issued the permit is responsible for enforcement.
- s. 14(8): the CBO may amend or rescind any order made by the RCA in respect of the matter.
Worked scenarios
Scenario 1. A permit application arrives with a complete plans review certificate. The plans examiner thinks a guard detail fails the code, and the lot also fails zoning setbacks. The CBO cannot refuse on the guard (s. 8(2.1)) but can refuse for zoning, which is other applicable law under s. 8(2)(a).
Scenario 2. An RCA appointed under s. 4.2 finds that a builder ignored a compliance order. The RCA issues a stop work order and posts it. It must now refer the matter to the CBO as soon as practicable and then take no further steps on that matter.
Scenario 3. A principal authority appointed an RCA only to review plans before the permit. When the building is finished, no final certificate is needed; occupancy follows s. 11(4).
Common traps
- Thinking an RCA issues permits. Only the CBO issues and revokes permits.
- Thinking a plans review certificate forces the CBO to issue the permit no matter what. It removes only the code compliance ground.
- Thinking the RCA keeps enforcing after a stop work order. Once referred, the matter belongs to the principal authority.
- Mixing up who registers discharge certificates. Section 12(7), 13(3.2) and 14(3.3) give that job to the CBO.
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.
- Building permits (s. 8)
The CBO, not the RCA, issues permits.: "No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued…
- Change of use, notices and occupancy (s. 10 to 11)
Occupancy, the RCA branch, s. 11(3): if an RCA has been appointed by a principal authority for the functions in clause 4.1(4)(b) or (c), or has been appointed under s. 4.2, "a…
- Inspections, order not to cover and stop work (s. 12 to 14)
Under a CBO or RCA with reason to believe a covered part was not built in compliance may order it uncovered at the responsible persons' expense if, for example, it was covered…
Usual exam traps
- Thinking an RCA issues permits. Only the CBO issues and revokes permits.
- Thinking a plans review certificate forces the CBO to issue the permit no matter what. It removes only the code compliance ground.
- Thinking the RCA keeps enforcing after a stop work order. Once referred, the matter belongs to the principal authority.
- Mixing up who registers discharge certificates. Section 12(7), 13(3.2) and 14(3.3) give that job to the CBO.
Practice this chapter
Questions on Permits, construction and demolition, 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. 8 Building permits
Open BCA s. 8 in the code viewer(1)No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official.
(1.1)An application for a permit to construct or demolish a building may be made by a person specified by regulation and the prescribed form or the form approved by the Minister must be used and be accompanied by the documents and information specified by regulation.
(2)The chief building official shall issue a permit referred to in subsection (1) unless,
(a)the proposed building, construction or demolition will contravene this Act, the building code or any other applicable law;
(b)the applicant is a builder or vendor as defined in subsection 1 (1) of the New Home Construction Licensing Act, 2017 and is not licensed under that Act;
(b.1) the Architects Act or the Professional Engineers Act requires that the proposed construction of the building be designed by an architect or a professional engineer or a combination of both and the proposed construction is not so designed;
(c)a person who prepared drawings, plans, specifications or other documents or gave an opinion concerning the compliance of the proposed building or construction with the building code does not have the applicable qualifications, if any, set out in the building code or does not have the insurance, if any, required by the building code;
(d)the plans review certificate, if any, required for the application does not contain the prescribed information;
(e)the application for the permit is not complete; or
(f)any fees due have not been paid.
(2.1)If the application includes a plans review certificate that contains the prescribed information, the chief building official is not entitled to refuse to issue the permit on the grounds that the proposed construction of the building to which the certificate relates does not comply with the building code.
(2.2)If an application for a permit meets the requirements prescribed by regulation, the chief building official shall, unless the circumstances prescribed by regulation apply, decide within the period prescribed by regulation whether to issue the permit or to refuse to issue it.
(2.3)If the chief building official refuses to issue the permit, he or she shall inform the applicant of all of the reasons for the refusal of the permit and shall do so within the period prescribed by regulation.
(3)Even though all requirements have not been met to obtain a permit under subsection (2), the chief building official may issue a conditional permit for any stage of construction if,
(a)compliance with by-laws passed under sections 34 and 38 of the Planning Act and with such other applicable law as may be set out in the building code has been achieved in respect of the proposed building or construction;
(b)the chief building official is of the opinion that unreasonable delays in the construction would occur if a conditional permit is not granted; and
(c)the applicant and such other person as the chief building official determines agree in writing with the municipality, upper-tier municipality, board of health, planning board, conservation authority or the Crown in right of Ontario to,
(i)assume all risk in commencing the construction,
(ii)obtain all necessary approvals in the time set out in the agreement or, if none, as soon as practicable,
(iii)file plans and specifications of the complete building in the time set out in the agreement,
(iv)at the applicant’s own expense, remove the building and restore the site in the manner specified in the agreement if approvals are not obtained or plans filed in the time set out in the agreement, and
(v)comply with such other conditions as the chief building official considers necessary, including the provision of security for compliance with subclause (iv).
(3.1)A principal authority may, in writing, delegate to the chief building official the power to enter into agreements described in clause (3) (c) and may impose conditions or restrictions with respect to the delegation.
(4)In considering whether a conditional permit should be granted, the chief building official shall, among other matters, have regard to the potential difficulty in restoring the site to its original state and use if required approvals are not obtained.
(5)Any agreement entered into under clause (3) (c) may be registered against the land to which it applies and the municipality, upper-tier municipality, board of health, planning board, conservation authority or the Province of Ontario, as the case may be, is entitled to enforce its provisions against the registered owner and, subject to the Registry Act and the Land Titles Act, any person acquiring any interest in the land subsequent to the registration of the agreement.
(6)If the chief building official determines that a building has not been removed or a site restored as required by an agreement under clause (3) (c), the chief building official may cause the building to be removed and the site restored and for this purpose the chief building official, an inspector and their agents may enter upon the land and into the building governed by the agreement at any reasonable time without a warrant.
(7)If the building is in a municipality, the municipality shall have a lien on the land for the amount spent on the removal of the building and restoration of the site under subsection (6) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be.
(8)If the building is in territory without municipal organization, the amount spent on the removal of the building and restoration of the site under subsection (6) is a debt owing to the Crown and may be collected under the Provincial Land Tax Act, 2006 as if it was tax imposed under that Act.
(8.1)The chief building official shall, within the period and in the manner prescribed by regulation, give to the corporation designated under section 2 of the Ontario New Home Warranties Plan Act the information prescribed by regulation relating to permits issued under this section and the applications for those permits.
(9)Upon reasonable grounds, the chief building official or registered code agency may refer drawings, plans or specifications accompanying applications for permits or the reports arising out of the general review of the construction of a building to the Association of Professional Engineers of Ontario or the Ontario Association of Architects for the purpose of determining if the Professional Engineers Act or the Architects Act is being contravened.
(9.1)At the request of the Association of Professional Engineers of Ontario or the Ontario Association of Architects, the chief building official shall refer documents and information described in subsection (9) to those associations for the purpose of determining if the Professional Engineers Act or the Architects Act is being contravened.
(10)Subject to section 25, the chief building official may revoke a permit issued under this Act,
(a)if it was issued on mistaken, false or incorrect information;
(b)if, after six months after its issuance, the construction or demolition in respect of which it was issued has not, in the opinion of the chief building official, been seriously commenced;
(c)if the construction or demolition of the building is, in the opinion of the chief building official, substantially suspended or discontinued for a period of more than one year;
(d)if it was issued in error;
(e)if the holder requests in writing that it be revoked; or
(f)if a term of the agreement under clause (3) (c) has not been complied with.
(11)No person shall construct or demolish a building or cause a building to be constructed or demolished except in accordance with this Act and the building code.
(12)No person shall make a material change or cause a material change to be made to a plan, specification, document or other information on the basis of which a permit was issued without notifying, filing details with and obtaining the authorization of the chief building official.
(13)No person shall construct or demolish a building or cause a building to be constructed or demolished except in accordance with the plans, specifications, documents and any other information on the basis of which a permit was issued or any changes to them authorized by the chief building official.
(14)If a request for authorization referred to in subsection (12) or (13) is accompanied by a change certificate that contains the prescribed information, the chief building official is not entitled to refuse to authorize the change on the grounds that the construction of the building to which the certificate relates does not comply with the building code.
BCA s. 10 Change of use
Open BCA s. 10 in the code viewer(1)Even though no construction is proposed, no person shall change the use of a building or part of a building or permit the use to be changed if the change would result in an increase in hazard, as determined in accordance with the building code, unless a permit has been issued by the chief building official.
(2)The chief building official shall issue a permit under subsection (1), unless,
(a)the building if used as proposed would result in a contravention of this Act or the building code or any other applicable law;
(b)the application for it is incomplete; or
(c)any fees due are unpaid.
BCA s. 10.1 Prohibition re sewage systems
Open BCA s. 10.1 in the code viewerNo person shall operate or maintain a sewage system or permit a sewage system to be operated or maintained except in accordance with this Act and the building code.
BCA s. 10.2 Notice of readiness for inspection
Open BCA s. 10.2 in the code viewer(1)At each stage of construction specified in the building code, the prescribed person shall notify the chief building official or the registered code agency, if any, that the construction is ready to be inspected.
(2)After the notice is received, an inspector or the registered code agency, as the case may be, shall carry out the inspection required by the building code within the prescribed period.
BCA s. 11 Occupancy or use after completion
Open BCA s. 11 in the code viewer(1)Except as authorized by the building code, a person shall not occupy or use a building or part of a building that is newly erected or installed or permit it to be occupied or used until the requirements set out in this section are met.
(2)Notice of the date of completion of the building or part must be given to the chief building official or the registered code agency, if any.
(3)If a registered code agency has been appointed for the building or part of the building by a principal authority to perform the functions described in clause 4.1 (4) (b) or (c) or has been appointed under section 4.2, a final certificate that contains the prescribed information must be issued.
(4)If subsection (3) does not apply,
(a)either the building or part must be inspected or 10 days must elapse after notice of the date of completion is served on the chief building official; and
(b)any order made under section 12 must be complied with.
BCA s. 13 Order not to cover
Open BCA s. 13 in the code viewer(1)An inspector may make an order prohibiting the covering or enclosing of any part of a building pending inspection.
(1.1)The prescribed form or the form approved by the Minister must be used for an order made under this section.
(2)The order shall be served on the person to whom the permit is issued, if any, and on such other persons affected thereby as the inspector determines.
(3)A copy of an order made under this section may be,
(a)posted on the site of the construction or demolition in a location visible to the public;
(b)made available to the public by,
(i)posting the copy of the order on the website of the principal authority, or
(ii)allowing members of the public, during normal business hours, to inspect and copy the order at their own expense; and
(c)registered in the proper land registry office.
(3.1)If an order made under this section is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.
(3.2)When the requirements of an order described in subsection (3.1) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.
(3.3)In the case of an order that has been made available to the public in accordance with clause (3) (b), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied.
(4)An inspection shall be made within a reasonable time after the person to whom the order is made has given notice that the part of the building is ready for inspection.
(5)Section 27 does not apply to a notice under subsection (4).
(6)A chief building official or registered code agency who has reason to believe that part of a building that is covered or enclosed has not been constructed in compliance with this Act or the building code may order the persons responsible for the construction to uncover the part at their own expense for the purpose of an inspection if,
(a)the part was covered or enclosed contrary to an order made under subsection (1);
(b)a notice required to be given to the chief building official, registered code agency or inspector before the part was covered or enclosed under a by-law, resolution or regulation made under clause 7 (e) was not given, or a notice required under section 10.2 was not received;
(c)in cases where a notice required under section 10.2 is received, the period prescribed under subsection 10.2 (2) did not elapse before the part was covered or enclosed;
(d)in cases where a notice required by a by-law, resolution or regulation made under clause 7 (e) is given,
(i)the inspection period prescribed under clause 7 (e) did not elapse before the part was covered or enclosed, or
(ii)if an inspection period is not prescribed under clause 7 (e), a reasonable period of time after the notice was given did not elapse before the part was covered or enclosed; or
(e)the part has been constructed without a permit being issued.
BCA s. 14 Stop work order
Open BCA s. 14 in the code viewer(1)If an order made under section 12 or 13 is not complied with within the time specified in it, or where no time is specified, within a reasonable time, the chief building official or registered code agency, as the case may be, may order that all or any part of the construction or demolition cease.
(1.1)The prescribed form or the form approved by the Minister must be used for the order.
(2)The order shall be served on such persons affected thereby as the chief building official or registered code agency determines and a copy shall be posted on the site of the construction or demolition in a location visible to the public.
(3)The order is effective from the time it is posted under subsection (2).
(3.1)A copy of an order made under subsection (1) may be,
(a)made available to the public by,
(i)posting the copy of the order on the website of the principal authority, or
(ii)allowing members of the public, during normal business hours, to inspect and copy the order at their own expense; and
(b)registered in the proper land registry office.
(3.2)If an order made under subsection (1) is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.
(3.3)When the requirements of an order described in subsection (3.2) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.
(3.4)In the case of an order that has been made available to the public in accordance with clause (3.1) (a), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied.
(4)If an order to cease construction or demolition is made, no person shall perform any act in the construction or demolition of the building in respect of which the order is made other than work necessary to carry out the order made under section 12 or 13.
(5)When a registered code agency makes an order under this section, the agency shall refer the matter to the chief building official as soon as practicable.
(6)The referral must be made in the prescribed manner.
(7)After making the referral, the registered code agency shall take no further steps in respect of the matter to which the order refers and the principal authority that issued the permit is responsible for the enforcement of this Act in respect of the matter.
(8)The chief building official may amend or rescind any order made by the registered code agency in respect of the matter.