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Values this chapter turns on
- an RCA may be appointed to perform, s. 15.15
- 6 functions
- an RCA may be appointed to perform, s. 15.15
- of inspector powers open to RCA-authorized persons
- 4 provisions
- of inspector powers open to RCA-authorized persons
- that make an RCA appointment expire
- 3 events
- that make an RCA appointment expire
- of prescribed RCA information: CBO and director
- 2 recipients
- of prescribed RCA information: CBO and director
Sections 15.14 to 15.22 are the RCA part of the Act and the core of this exam. They are short, so expect precise questions on single words: who gets information, which functions an RCA may perform, which inspector powers its authorized persons may use, when an appointment expires versus when it is terminated, and what the CBO does when an RCA stops working. Read every subsection at least twice.
Notice to the chief building official (s. 15.14)
BCA s. 15.14BCA s. 15.14 Notice to chief building official(1) Every registered code agency shall give the chief building official such information as may be prescribed by regulation. (2) Every registered code agency shall give the director such information as may be prescribed by regulation.: every RCA "shall give the chief building official such information as may be prescribed by regulation" and "shall give the director such information as may be prescribed by regulation." Two recipients, both prescribed by regulation. Division C 3.7.6.2. and 3.7.6.3. fill in the content: notice when the RCA becomes or expects to become unable to carry out its functions (to both), copies of orders, inspection records, final certificates, alternative solution records and s. 18 records (to the CBO), and notice of suspected unsafe buildings (to the CBO).
Functions of registered code agencies (s. 15.15)
BCA s. 15.15BCA s. 15.15 Functions of registered code agenciesThe following are the functions that a registered code agency may be appointed to perform in respect of the construction of a building: 1. Review designs and other materials to determine whether the proposed construction of a building complies with the building code. 2. Issue plans review certificates. 3. Issue change… is a closed list of six functions:
| No. | Function | Timing |
|---|---|---|
| 1 | Review designs and other materials to determine whether the proposed construction complies with the building code | Before permit |
| 2 | Issue plans review certificates | Before permit |
| 3 | Issue change certificates | Before or after permit |
| 4 | Inspect the construction of a building for which a permit has been issued | After permit |
| 5 | Issue final certificates | After permit |
| 6 | Perform such other functions as may be authorized under the Act or the building code | Varies |
Division C 3.7.3.1. uses paragraph 6 to add two extra functions: issuing a certificate for the occupancy of a building not fully completed, and issuing a certificate for the occupancy of certain houses described in Division C 1.3.3.4.(3) (chapter 12).
Things that are not on the list: issuing permits, revoking permits, making unsafe building orders, and prosecuting offences.
Scope of an agency's powers (s. 15.16)
BCA s. 15.16(1)BCA s. 15.16 Scope of agency’s powers(1) A registered code agency may exercise the powers and perform the duties specified in this Act and the building code in respect only of the functions and the building specified in a particular appointment. (2) A registered code agency shall not collect, use or disclose information except in accordance with the…: an RCA "may exercise the powers and perform the duties specified in this Act and the building code in respect only of the functions and the building specified in a particular appointment." Every power is tied to a specific appointment: the functions named in it and the building named in it.
Section 15.16(2): an RCA "shall not collect, use or disclose information except in accordance with the building code." Division C 3.7.4.7.(2) limits use to performing functions under a s. 4.1(2) appointment and allows disclosure only to a principal authority under a s. 4.1(1) agreement, to a principal authority to aid enforcement, or where required or permitted by law or court order.
Persons acting on behalf of an agency (s. 15.17)
BCA s. 15.17BCA s. 15.17 Persons acting on behalf of an agency(1) A registered code agency may authorize, in writing, one or more prescribed persons to exercise powers and perform its functions under this Act, subject to such conditions as may be prescribed by regulation. (2) The registered code agency shall issue a certificate of authorization containing the prescribed…:
- (1) The RCA may authorize, in writing, one or more prescribed persons to exercise powers and perform its functions, subject to prescribed conditions. Division C 3.7.4.5.(1) prescribes persons with the qualifications in Clause 3.4.3.2.(1)(a), (b) or (c).
- (2) The RCA issues a certificate of authorization containing the prescribed information.
- (3) The authorized person may exercise the powers and perform the duties of an inspector under four provisions, for a building for which the agency is appointed:
| Paragraph | Provision | Power |
|---|---|---|
| 1 | Section 12 | Inspection (entry without warrant; compliance orders) |
| 2 | Section 13 | Order not to cover |
| 3 | Section 16 | Entry to dwellings (limits on entry) |
| 4 | Section 18 | Powers of inspector (documents, tests, samples, experts) |
Section 15.23 requires authorized persons to carry their certificate of authorization and produce it on request. Section 19 protects them from obstruction.
Duties re certificates and orders (s. 15.18)
BCA s. 15.18BCA s. 15.18 Duties re certificates and orders(1) When a registered code agency makes an order under this Act, the agency shall give a copy of the order within the period prescribed by regulation to the chief building official. (2) A registered code agency shall issue such certificates and use such forms as may be required by the building code and shall include…:
- (1) "When a registered code agency makes an order under this Act, the agency shall give a copy of the order within the period prescribed by regulation to the chief building official."
- (2) It issues the certificates and uses the forms required by the code, with the prescribed information.
- (3) A certificate issued by an RCA "must be in the prescribed form or the form approved by the Minister."
Expiry and termination (s. 15.19 and 15.20)
Expiry happens automatically; termination is an act by someone.
| Event | Result | Source |
|---|---|---|
| RCA has performed all the functions for which it was appointed | Appointment expires | s. 15.19(1) |
| CBO refuses to issue a permit for the building (RCA has not performed all functions) | Appointment expires | s. 15.19(2), para. 1 |
| The permit is revoked (RCA has not performed all functions) | Appointment expires | s. 15.19(2), para. 2 |
| Appointment ended early by the appointer | Termination, only per s. 15.20 and the code | s. 15.20(1) |
BCA s. 15.20BCA s. 15.20 Termination of an agency’s appointment(1) The appointment of a registered code agency shall not be terminated except in accordance with this section and the building code. (2) The building code may specify that the consent of the director to the termination of an appointment is required. (3) If the registered code agency was appointed by a principal… rules on termination:
- (1) Only in accordance with this section and the building code.
- (2) The code may require the director's consent.
- (3) Principal authority appointment: on termination, the principal authority becomes responsible to ensure the remaining functions are performed by the principal authority or another RCA.
- (4) Section 4.2 appointment: the appointer becomes responsible to ensure the remaining functions are performed by another RCA or, with the prior written agreement of the principal authority, by the principal authority, or to ensure that work on the construction is halted.
- (5) to (7) The director may give directions to the appointer, the terminated RCA and a transferee RCA to facilitate the transfer, and they must comply.
Order to suspend construction (s. 15.21)
BCA s. 15.21BCA s. 15.21 Order to suspend construction(1) The chief building official may, by order, suspend all or part of the construction of the building to which the appointment of a registered code agency relates, (a) if the chief building official has reason to believe that the registered code agency has ceased to perform the functions specified in the appointment… gives the CBO two order powers:
| Subsection | Trigger | Discretion |
|---|---|---|
| 15.21(1) | CBO has reason to believe the RCA has ceased to perform its functions and the appointment has not expired or been terminated | "may" suspend all or part of the construction |
| 15.21(2) | A s. 4.2 appointment is terminated | "shall" suspend the construction until another RCA is appointed for the remaining functions or the principal authority agrees in writing to perform them |
The principal authority may delegate to the CBO the power to agree to take over the remaining functions (s. 15.21(3)). While the order is in force, no one may do construction work "other than work necessary to secure the safety and security of the building and of the construction site" (s. 15.21(4)). Under s. 15.21(5), s. 14(2) and (3) apply: the order is served on affected persons, posted on site, and effective from posting. Division C 3.7.6.1.(2) requires the principal authority to send the director a copy of a s. 15.21(1) order as soon as possible.
Conflict between appointment and Act (s. 15.22)
BCA s. 15.22BCA s. 15.22 Conflict between appointment and Act, etc.This Act and the building code prevail over the terms of an appointment of a registered code agency.: "This Act and the building code prevail over the terms of an appointment of a registered code agency." A clause in an appointment that, for example, gives the RCA power to issue permits, or lets it skip referral of a stop work order, has no effect.
Worked scenarios
Scenario 1. An RCA appointed for plans review and inspection issues its plans review certificate, but the CBO refuses the permit because the lot is in a floodway requiring a conservation authority permit. Under s. 15.19(2), the appointment expires.
Scenario 2. An owner who appointed an RCA under s. 4.2 terminates it in mid-construction and has not found a replacement. The CBO must order construction suspended under s. 15.21(2). Workers may still brace the partly built walls and secure the fence, because that work secures the safety and security of the building and site.
Scenario 3. An RCA's site inspector, authorized in writing, wants to take concrete cylinder samples. Section 15.17(3) lets the inspector use s. 18 powers, including taking tests and samples, on the appointed building only.
Scenario 4. An RCA's staff member, authorized under s. 15.17, finds an unsafe condition and wants to issue an order under s. 15.9. Not available: s. 15.9 is not among the four listed provisions.
Common traps
- Confusing expiry (s. 15.19, automatic) with termination (s. 15.20, an act needing compliance with the code).
- Thinking the CBO "may" suspend after a s. 4.2 termination. It is "shall" under s. 15.21(2).
- Listing s. 14 (stop work) as an authorized person's inspector power under s. 15.17(3). Stop work and uncover orders belong to the RCA itself under s. 14(1) and 13(6); Division C sets who signs them.
- Forgetting the director as a second recipient under s. 15.14(2).
- Thinking the appointment's terms can override the Act. Section 15.22 says the opposite.
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.
- Functions of registered code agencies (s. 15.15)
Division C 3.7.3.1. uses paragraph 6 to add two extra functions: issuing a certificate for the occupancy of a building not fully completed, and issuing a certificate for the…
- Scope of an agency's powers (s. 15.16)
Section 15.16(2): an RCA "shall not collect, use or disclose information except in accordance with the building code." Division C 3.7.4.7.(2) limits use to performing functions…
- Persons acting on behalf of an agency (s. 15.17)
Section 15.23 requires authorized persons to carry their certificate of authorization and produce it on request.
- Expiry and termination (s. 15.19 and 15.20)
Expiry happens automatically; termination is an act by someone.
- Order to suspend construction (s. 15.21)
The principal authority may delegate to the CBO the power to agree to take over the remaining functions (s. 15.21(3)).
Usual exam traps
- Confusing expiry (s. 15.19, automatic) with termination (s. 15.20, an act needing compliance with the code).
- Thinking the CBO "may" suspend after a s. 4.2 termination. It is "shall" under s. 15.21(2).
- Listing s. 14 (stop work) as an authorized person's inspector power under s. 15.17(3). Stop work and uncover orders belong to the RCA itself under s. 14(1) and 13(6); Division C sets who signs them.
- Forgetting the director as a second recipient under s. 15.14(2).
- Thinking the appointment's terms can override the Act. Section 15.22 says the opposite.
Practice this chapter
Questions on Powers and duties of registered code agencies (Act), 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. 15.14 Notice to chief building official
Open BCA s. 15.14 in the code viewer(1)Every registered code agency shall give the chief building official such information as may be prescribed by regulation.
(2)Every registered code agency shall give the director such information as may be prescribed by regulation.
BCA s. 15.15 Functions of registered code agencies
Open BCA s. 15.15 in the code viewerThe following are the functions that a registered code agency may be appointed to perform in respect of the construction of a building:
1. Review designs and other materials to determine whether the proposed construction of a building complies with the building code.
2. Issue plans review certificates.
3. Issue change certificates.
4. Inspect the construction of a building for which a permit has been issued under this Act.
5. Issue final certificates.
6. Perform such other functions as may be authorized under this Act or in the building code.
BCA s. 15.16 Scope of agency’s powers
Open BCA s. 15.16 in the code viewer(1)A registered code agency may exercise the powers and perform the duties specified in this Act and the building code in respect only of the functions and the building specified in a particular appointment.
(2)A registered code agency shall not collect, use or disclose information except in accordance with the building code.
BCA s. 15.17 Persons acting on behalf of an agency
Open BCA s. 15.17 in the code viewer(1)A registered code agency may authorize, in writing, one or more prescribed persons to exercise powers and perform its functions under this Act, subject to such conditions as may be prescribed by regulation.
(2)The registered code agency shall issue a certificate of authorization containing the prescribed information to the authorized person.
(3)The authorized person may exercise the powers and perform the duties of an inspector under any of the following provisions, in respect of the construction of a building for which the agency is appointed under this Act:
1. Section 12 (inspection).
2. Section 13 (order not to cover).
3. Section 16 (entry to dwellings).
4. Section 18 (powers of inspector).
BCA s. 15.18 Duties re certificates and orders
Open BCA s. 15.18 in the code viewer(1)When a registered code agency makes an order under this Act, the agency shall give a copy of the order within the period prescribed by regulation to the chief building official.
(2)A registered code agency shall issue such certificates and use such forms as may be required by the building code and shall include in them or provide such information as may be prescribed.
(3)A certificate issued under this Act by a registered code agency must be in the prescribed form or the form approved by the Minister.
BCA s. 15.20 Termination of an agency’s appointment
Open BCA s. 15.20 in the code viewer(1)The appointment of a registered code agency shall not be terminated except in accordance with this section and the building code.
(2)The building code may specify that the consent of the director to the termination of an appointment is required.
(3)If the registered code agency was appointed by a principal authority, upon the termination of the appointment the principal authority becomes responsible to ensure that the remaining functions of the agency are performed by the principal authority or another registered code agency.
(4)If the registered code agency was appointed under section 4.2, upon the termination of the appointment the person who made the appointment becomes responsible to ensure that the remaining functions of the agency are performed by another registered code agency or, with the prior written agreement of the principal authority, by the principal authority or to ensure that work on the construction is halted.
(5)When the appointment of a registered code agency is terminated, the director may give directions to anyone described in subsection (6) in order to facilitate the transfer of the agency’s functions.
(6)Directions may be given to the person who made the appointment that has been terminated, to the registered code agency whose appointment has been terminated and to a transferee registered code agency.
(7)The person to whom directions are given shall comply with them.
BCA s. 15.21 Order to suspend construction
Open BCA s. 15.21 in the code viewer(1)The chief building official may, by order, suspend all or part of the construction of the building to which the appointment of a registered code agency relates,
(a)if the chief building official has reason to believe that the registered code agency has ceased to perform the functions specified in the appointment; and
(b)if the appointment of the registered code agency has not expired or been terminated.
(2)If the appointment of a registered code agency under section 4.2 is terminated, the chief building official shall, by order, suspend the construction of the applicable building until,
(a)another registered code agency is appointed to perform the remaining functions of the original registered code agency; or
(b)the principal authority agrees, in writing, to perform the remaining functions of the original registered code agency.
(3)A principal authority may delegate to the chief building official the power to agree to perform the remaining functions of a registered code agency appointed under section 4.2 whose appointment is terminated and may impose conditions and restrictions on the delegation.
(4)If an order is issued under this section, no person shall perform any act in the construction of the building in respect of which the order is made, other than work necessary to secure the safety and security of the building and of the construction site.
(5)Subsections 14 (2) and (3) apply with respect to an order under this section.
BCA s. 15.22 Conflict between appointment and Act, etc.
Open BCA s. 15.22 in the code viewerThis Act and the building code prevail over the terms of an appointment of a registered code agency.