Letter to the minister

June 27, 2025

The Honourable Rob Flack
Minister of Municipal Affairs and Housing
777 Bay Street, 17th Floor 
Toronto, Ontario M7A 2J3

Dear Minister Flack:

Re: Building Materials Evaluation Commission Annual Report — Fiscal year 2024–2025

It is my pleasure, as Chair of the Building Materials Evaluation Commission, to present to you the Building Materials Evaluation Commission’s Annual Report for the fiscal year ending March 31, 2025.

The enclosed Annual Report highlights the Building Materials Evaluation Commission’s accomplishments over the 2024–2025 fiscal year and outlines challenges that have been identified for the future. In total, the Building Materials Evaluation Commission received 11 new applications, issued 9 new authorizations and 3 applications are under review.

I would like to thank my fellow Commission members whose knowledge and dedication have earned the Building Materials Evaluation Commission an excellent reputation as a valuable service provider in the building and construction industry. On behalf of all members of the Building Materials Evaluation Commission, I would like to express our thanks to the staff of the Ministry of Municipal Affairs and Housing for their support to the Building Materials Evaluation Commission. Without their excellent administrative, technical, secretariat, operational and legal assistance the Building Materials Evaluation Commission simply could not function.

Sincerely,

Leo Grellette
Chair, Building Materials Evaluation Commission
Encl.

Mandate

The Building Materials Evaluation Commission (the Commission) is an independent regulatory agency whose legislative authority is set out in Section 28 of the Building Code Act, 1992.

The Commission has a mandate to evaluate and authorize for use in Ontario, innovative construction materials, systems or building designs not currently recognized by the Building Code. In doing so, the Commission has the power to conduct or cause to be conducted, research, analysis and evaluation of such innovative materials, systems and building designs. The Commission is not a testing body but may require that testing be carried out by an applicant as part of its evaluation.

Commitment to service and guiding principles

The inaugural meeting of the Commission was held on February 18, 1976 and was made possible by the Legislature passing the first Building Code Act in 1974. Since then, the Commission has endeavoured to provide a timely, expert and transparent process for authorizing the use of innovative materials, systems and building designs. In doing so, the Commission has earned a reputation of being an effective, useful and quality service provider within the construction industry.

The Commission has signed a Memorandum of Understanding with the Minister relating to the exercise of its mandate. The Memorandum of Understanding sets out the relationship between the Commission Chair, the Deputy Minister and the Minister and the Ministry of Municipal Affairs and Housing with respect to the Commission and the services it provides. The purpose of the Memorandum of Understanding is to establish the responsibilities of these parties and to ensure that accountability is a fundamental principle observed in the management, administration and operation of the Commission.

As an agency of government, the Commission conducts itself according to the management principles of the Government of Ontario. The Commission’s proceedings are governed by the Building Code Act, 1992, the Building Materials Evaluation Commission’s Guidelines, Policies and Procedures Handbook and Management Board of Cabinet directives. These principles and governance elements include ethical behaviour, accountability, excellence in management, using public resources efficiently and effectively and high-quality service to the public, by contributing to the health, safety, accessibility and energy efficiency of buildings in Ontario and by playing a positive role within Ontario’s construction sector.

About the Building Materials Evaluation Commission

Building Materials Evaluation Commission process and procedure

Applications for authorization are submitted to the Commission by companies or individuals producing building materials, systems or designs.

While the Commission as a whole makes decisions on applications, subcommittees are usually established to carry out detailed evaluations and report to the Commission. The subcommittees typically consist of Commission members who are familiar with or have expertise in, the field of technology associated with the application. The Commission may request comments from the Ministry of Municipal Affairs and Housing’s technical staff or other research or standards issuing bodies.

Generally, the Commission holds 1 general meeting each month, with an average of 3 subcommittee meetings per application. The issuance of decisions by the Commission usually takes between 90 and 120 days, depending on the complexity of the application and if any additional information is required of the applicants, as well as the timeliness of their responses.

Commission members and ministry staff

As of March 31, 2025, the Commission had 15 part-time members, which includes the Chair and Vice-Chair. All members are appointed by Order in Council (OIC). Current Management Board of Cabinet Directives permit individuals appointed to the Commission to serve a combined term of appointment of up to 10 years. Commission members attend monthly meetings and subcommittee meetings and make decisions on applications for authorizations. The Chair and Vice-Chair are also responsible for making administrative decisions regarding operations and relations with the Ministry.

The following divisions/branches of the Ministry and technology cluster support the Commission:

  • Planning and Growth Division’s Building and Development Branch
  • Business Management Division’s Corporate Services Branch and Controllership and Financial Planning Branch
  • Communications Branch
  • Legal Services Branch
  • Community Services Information and Information Technology Cluster

The Commission receives all its staffing and financial resources from the Building and Development Branch of the Ministry of Municipal Affairs and Housing (the “Ministry”).

The direct support staff assigned by the Ministry to the Commission consists of a 0.8 full-time equivalent (FTE) for the Commission Secretary. The Secretary is responsible for the overall administration of the Commission. This involves managing the appointments process, issues management, business planning, performance measurements, monitoring of expenditures and ensuring compliance with agency sector requirements and Management Board of Cabinet directives.

The Commission works towards staggering the terms of appointment for the Commission so that Orders in Council expire in small groups. This will allow for newly appointed members to be mentored by experienced members and will support knowledge maintenance within the Commission.

In addition to ensuring an adequate number of members, the Commission must also continue to work at maintaining the knowledge base of its membership, so it is important for the Commission to continue to solicit new members with expertise that reflects a full spectrum of relevant technical disciplines such as plumbing, mechanical systems and on-site sewage systems. As described in the Memorandum of Understanding, the role of the Chair includes keeping the Minister informed of upcoming appointment vacancies and providing recommendations for appointments or reappointments to the Commission.

Caseload

Chart 1 below provides a summary of the Commission’s caseload over the last 5 years:

Chart 1
Fiscal yearApplications receivedAuthorizations issuedAuthorizations amended/revisedAuthorizations revokedExpired authorizations
2020–202134414N/A
2021–202253204
2022–2023650010
2023–2024990037
2024–2025119005

In 2024–2025, the Commission received 11 new applications, issued 9 new authorizations and 3 applications are under review. The Commission notes that the increase in the number of applications received over the last few fiscal years may be the result of the Commission’s expiration policy (as of 2018, authorizations now expire every 5 years) and the construction industry’s desire to bring new and innovative products to Ontario.

In addition to new applications, the Commission considers requests for substantive or technical amendments to existing authorizations and reviews its existing authorizations for possible revocation. Applications for amendment are processed in the same manner as a new application. The Commission reviews and evaluates the details of the proposed amendment as innovative products, systems and designs are modified and updated.

With the release of each new Building Code cycle, the Commission aims to review all existing authorizations to ensure that the products authorized are still considered innovative under Section 28 of the Building Code Act, 1992.

Analysis of Building Materials Evaluation Commission performance

Performance measures and targets

The Commission has long-standing established performance measures and targets that are set out in the Business Plans and are reviewed each year. These are: fairness, timeliness, quality and consistency, transparency, expertise and courtesy. The results of the Commission’s performance can be found in Appendix 1.

Several steps have been taken to enhance the Commission’s performance and accountability over the past several years, including continued monitoring of Commission-specific performance measures.

All applicants who used Commission services in the 2024–2025 fiscal year were asked to complete a survey after their application was processed.to complete a survey to provide feedback on the Commission’s performance. Overall, the Commission has met its targets set out in the 2024–2027 Business Plan. The following is a summary of how the Building Materials Evaluation Commission fared on its targets for its goals in 2024–2025:

Fairness

  • The stated target of not more than 10% of decisions should result in judicial review on an annual basis was again met in the 2024–2025 fiscal year. No judicial reviews were received.
  • Survey results of the parties that utilized Commission services in the 2024–2025 fiscal year indicate that 100% of respondents agreed that they were treated fairly.

Timeliness

  • The Commission aims to make a decision within an average of 120 days of the initial consideration of an application. Records from the 2024–2025 fiscal year indicate that the Commission made on average decisions within 135 days. This may be due to the increased number of applications received, low membership for part of the fiscal year and onboarding new members which requires additional time for training and mentoring.

Quality and Consistency

  • Survey results indicated that 100% of respondents felt that the processes and procedures had a high degree of quality and consistency.

Transparency

  • Survey results indicated that 100% of respondents felt that the processes and procedures were clear and understandable.

Expertise

  • Survey results indicated that 100% of respondents felt that members demonstrated an appropriate level of expertise regarding the technical matters under consideration.

Courtesy

  • Survey results indicated that 100% of respondents felt that they were treated with courtesy by Ministry staff and Commission members.

Operational performance

The Commission believes that to provide quality service to the public and the construction sector in particular, the Commission, as an agency, must operate as effectively and efficiently as possible. To achieve this, the Commission also assesses itself on its operational performance. The following are some of the operational achievements from 2024–2025:

  • The Commission continued to provide a cost-effective and expeditious mechanism for the evaluation of innovative materials, systems and building designs.
  • The Commission continued to deliver the same level of service by accepting electronic applications and held the majority of their meetings remotely via video conferencing. The Commission held 2 in-person meetings this fiscal year.
  • The Commission continued its practice of surveying clients and received an overall satisfaction rating of 100% from clients who had used the services of the Commission between April 1, 2024 and March 31, 2025.
  • The Commission continued to maintain its compliance with the Agencies and Appointments Directive (AAD) as follows:
    • Prepared, finalized and submitted the annual 3-year Business Plan
    • Completed and approved its annual report for 2023–2024 fiscal year within the specified time frame
    • Publicly posted the Commission’s Memorandum of Understanding, Business Plan and Annual Report

The Commission Chair and Ministry staff worked with the Public Appointments Secretariat and the Minister’s Office and appointed 6 new members, including a Vice-Chair.

Financial report

Budget

The Commission has no financial budget separate from that of the Ministry of Municipal Affairs and Housing. All costs, including Commission per diem remuneration, other operating costs and administrative support, are provided by the Ministry.

Chart 2 below provides details of the costs associated with supporting the Commission:

Chart 2
Expense2025–2026 estimatesfootnote 12024–2025 estimatesfootnote 12024–2025 actuals2024–2025 actuals vs. estimates2023–2024 actuals
Members’ per diems$113,000$111,000$64,332−$46,668footnote 2$47,872
Members’ travel and meeting expenses$16,000$24,000$6,327−$17,673footnote 3$1,631
Other administration$7,100$10,300$4,935−$5,365$2,414
Subtotal$136,100$145,300$75,595−$69,705$51,916
Full-time equivalents (FTE)0.80.80.8N/A0.8
FTE costs (salary + benefits)$80,400$71,100$77,356$6,256$68,793
Total expenses$216,500$216,400$152,951−$63,449$120,709

Note: Numbers may not add up due to rounding.

Revenue

Revenues in the form of application fees are recorded as part of the Ministry of Municipal Affairs and Housing’s non-tax revenues. The current application fee for the Commission, which became effective on January 1, 2018, is $11,000.

Chart 3 below provides details of the revenues associated with applications to the Commission:

Chart 3
Revenue2025–2026 estimatesfootnote 42024–2025 estimatesfootnote 42024–2025 actuals2024–2025 actuals vs. estimates2023–2024 actuals
Application fees$66,000$66,000$110,000$44,000$66,000
Total revenues$66,000$66,000$110,000footnote 5$44,000footnote 6$66,000

Remuneration of members

As part-time appointees, Commission members receive remuneration in the form of a per diem as established by the Management Board of Cabinet’s Agencies and Appointments Directive. Effective January 1, 2018, this per diem ranged from $472 for members to $583 for the Vice-Chair and $744 for the Chair. Commission members are also reimbursed for out-of-pocket expenses associated with attending Commission meetings in Toronto and elsewhere in the province, in accordance with Management Board of Cabinet’s Travel, Meal and Hospitality Expenses Directive. Costs associated with Commission activities, including member per diems and other operating costs, form part of the overall budget of the Ministry of Municipal Affairs and Housing. The list of the Commission members’ renumeration for fiscal year 2024–2025 can be found in Appendix 2.

The Building Materials Evaluation Commission’s application rate or complexity of issues directly impact the budget requirement in support of Commission activities.

Appendix 1 – Performance measures table

Appendix 1
OutcomesMeasuresTargets2024–2025 status2025–2026 commitments
Fairness (processes and procedures that are fair and are seen to be fair)Applicants are satisfied that the process was balanced, appropriate and fairNo more than 10% of Building Materials Evaluation Commission decisions should result in judicial review on an annual basisTarget metNot more than 10% of decisions should result in a judicial review
Timeliness (quick and careful evaluation of innovative construction materials, systems and designs)Average number of days from receipt of application to decision/issuance of authorizationDecisions made or authorization issued within an average of 120 days after the first Building Materials Evaluation Commission meeting following receipt of a complete applicationTarget was not met. Decisions were made on average within 135 days.Target of 120 days
Quality and Consistency (process and procedures that have integrity and uniformity)Applicants are satisfied that the Commission process was conducted with a high degree of quality and consistency85% of applicants feel that the process had a high degree of quality and consistencyTarget met and exceeded at 100%Target of 85%
Transparency (clear and understandable process and procedures)Applicants are satisfied that the Commission process and procedures were clearly understood85% of applicants feel that the process and procedures were clear and understandableTarget met and exceeded at 100%Target of 85%
Expertise (thoughtful and sound Building Materials Evaluation Commission decisions made due to technical competence of members)
  1. Applicants are satisfied that the Building Materials Evaluation Commission members demonstrated an appropriate level of knowledge and technical competency
  2. Timely notice to the Ministry regarding upcoming Building Materials Evaluation Commission member terms of appointment expiration
  1. 85% of applicants feel that Commission authorizations reflected a high degree of technical knowledge and expertise appropriate to the proposal
  2. Provide 180-day notice to the Ministry in advance of members’ appointments expiring
  1. Target met and exceeded at 100%
  2. Target met
  1. Target of 85%
  2. Target of 180 days
Courtesy (polite and courteous treatment of all parties)Applicants are satisfied that they were treated with courtesy throughout the application and evaluation process85% of applicants surveyed feel that they were treated with courtesy throughout the application and evaluation processTarget met and exceeded at 100%Target of 85%

Appendix 2 – Building Materials Evaluation Commission appointees list

Appendix 2
Commission membersOriginal appointment dateExpiry date of current appointmentLocationTotal annual remuneration 2024–2025footnote 7
Leo Grellette, ChairMay 16, 2024May 15, 2027Severn$9,040
Andras Szonyi, Vice-ChairApril 25, 2024April 24, 2026Oshawa$5,568
Craig CunninghamNovember 16, 2016May 15, 2025Huntsville$7,930
Saleha HussainNovember 16, 2016May 15, 2025Markham$2,006
Ben PucciNovember 16, 2016May 15, 2025Woodbridge$519
Gerry EgbertsNovember 30, 2016May 27, 2025Willowdale$9,110
Dale KerrNovember 30, 2016May 27, 2025Sutton West$2,643
Michaela TataruFebruar  8, 2018Augus  7, 2025Richmond Hill$1,298
Mark GreenSeptember 26, 2024September 25, 2029Mallorytown$4,673
Robert KokJune 12, 2024June 12, 2027Burlington$5,570
Alex MulhollandApril 25, 2024April 24, 2026Bracebridge$4,106
Doug DurhamApril 25, 2024April 24, 2026Ottawa$4,106
Jonathan O’NeilApril 25, 2024April 24, 2026Toronto$2,407
Katherine RentschApril 25, 2024April 24, 2026Erin$2,926
Paul PijawkaApril 25, 2024April 24, 2026Vaughan$2,431
Total Annual Remuneration for the CommissionN/AN/AN/A$64,332

Footnotes

  • footnote[1] Back to paragraph The expenditure estimates are based on an estimated application rate (using historical data and projecting forward) that determines the number of Commission meetings and subcommittee meetings; member per diem remuneration rates; and other operating expenses noted in the table above. Member per diem remuneration rates are established by the Management Board of Cabinet’s Agencies and Appointments Directive regarding part-time OIC appointed members.   

    Operating expenses cover costs associated with meetings, administration, per diems for members and reimbursement for out-of-pocket travel expenses related to meetings. These include hotel accommodations, meal allowances, parking and public transit in accordance with the Management Board of Cabinet’s Travel, Meal and Hospitality Expenses Directive. Ministry staff support costs are also reflected in the expenses.
  • footnote[2] Back to paragraph In 2024–2025, lower than estimated per diem costs are mainly due to several factors including: a decrease in travel times for members since most meetings were held remotely and there were fewer in-person meetings; lower than estimated per diem payments for some members; and although the Commission worked with 13 to 15 members, there were numerous vacancies at the start of the fiscal year that were eventually filled in the year.
  • footnote[3] Back to paragraph In 2024–2025, lower than estimated travel-related expenses are mainly due to the use of remote meetings and fewer in-person meetings, for example, the Commission held 2 in-person general meetings in 2024–2025. The use of remote meetings also affected the expenses in 2023–2024.
  • footnote[4] Back to paragraph Revenue Estimates are based on receiving 6 applications per year based on the last Building Code cycle.
  • footnote[5] Back to paragraph Revenues for applications received are deferred to a future period and will be reflected in the financial table when the revenues are earned. 2024–2025 Actuals reflect revenues for 10 applications.
  • footnote[6] Back to paragraph In 2024–2025, higher than estimated revenues are mainly due to a higher application rate in the fiscal year.
  • footnote[7] Back to paragraph Numbers may not add up due to rounding. Remuneration represents the per diems and does not include expenses.