Building Materials Evaluation Commission business plan 2025–2028

Mandate

The Building Materials Evaluation Commission (the “Commission” or “BMEC”) is a 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, subject to conditions, any innovative construction materials, systems or building designs for use in construction in Ontario. 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.

The Commission also has the authority to make recommendations to the Minister respecting changes to the Building Code Act, 1992, or the Building Code as amended.

Guiding principles

As an agency authorized under the Building Code Act, 1992, the Commission exercises powers and performs duties in accordance with its mandate under that statute. The agency’s regulatory activities and decisions must be made, and be seen by the public to be made, independently and impartially. The Commission makes decisions independently from the Ministry and the Government of Ontario.

The Commission has signed a Memorandum of Understanding with the Minister of Municipal Affairs and Housing (the “Minister”) relating to the exercise of its mandate. The Memorandum of Understanding sets out the relationship between the Commission Chair, the Minister and the Ministry of Municipal Affairs and Housing, with respect to the Commission and the service 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 operations 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 Code, 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, through contributing to the health, safety, accessibility, and energy efficiency of buildings in Ontario, and by playing a positive role within Ontario’s construction sector.

Strategic direction

The Commission endeavours to provide a timely, cost-effective, and streamlined process for evaluating and authorizing new and innovative construction materials, systems, and building designs for use in Ontario. The Commission continues to maintain its compliance with the Management Board of Cabinet’s Agencies and Appointments Directive including the completion and public posting of the business plan and annual report each year; adhering to the government’s risk management and reporting process and continuing to use tools for online service delivery to accept applications and schedule meetings.

The Commission has earned a reputation as an effective, useful, and quality service provider within the construction industry. To continue improving on its ongoing operations and client service delivery, the Commission plans to continue with the following initiatives:

Recommendations to the Minister

The Commission continually reviews existing authorizations to determine whether there is a need to make recommendations to the Minister regarding changes to the Building Code and/or whether there is additional need for revocation of authorizations based on the current edition of the Building Code.

Time to decisions/authorizations

Following receipt of an application, the Commission aims to make a decision or issue an authorization within 120 days of the initial consideration by the Commission. This time frame is an accurate reflection of the average time frame the Commission requires to evaluate applications.

The Commission strives to be transparent in their process with respect to the evaluation of an application and to improve documentation of the evaluation process in keeping with the government’s priority on building greater transparency and accountability.

The Commission continues to monitor and review its processes for making decisions to determine if there are efficiencies that can be achieved.

Succession planning

As part of succession planning, the Commission believes it is necessary to have a longer period of overlap between sitting members and newly appointed members than has been afforded in the past. Ideally an overlap of 9 months would allow for knowledge transfer from existing members to newly appointed members and permit new members to be mentored.

In addition to ensuring an adequate number of members, the Commission must also 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 the full spectrum of technical disciplines (for example, fire safety, plumbing, mechanical, on-site sewage systems, etc.). 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 and/or reappointments to the Commission.

Annual survey of clients

The Commission intends to continue its independent survey which assists the Commission in determining satisfaction with levels of service delivery after the closing of the fiscal year. Survey results are published in the Commission’s Annual Report.

Artificial Intelligence

As per Ontario’s new Responsible Use of Artificial Intelligence Directive effective December 1, 2024, the Commission is committed to exploring the following 3 AI requirements:

• Keeping records associated with Artificial Intelligence (AI) risk management, including records of any risk assessments and risk-based proportional controls applied, in alignment with existing Records and Information Management and archiving requirements;
• Publishing a list of AI use cases and report on AI use cases and AI risk management;
• If the public is interacting directly with a service that leverages AI, to publicly disclose AI use and provide an accessible avenue for the public to seek information about the use of AI in the process.

Overview of key activities

New applications

Staff supporting the Commission is responsible for application in-take, process management, and customer service to persons wishing to apply to the Commission for an authorization. Upon receipt of an application, the Commission’s Secretary ensures that the prescribed information and documentation has been submitted. The Secretary then enquires with the Canadian Construction Materials Centre (the “CCMC”) whether they have examined, or expressed an interest in examining, a product. If the CCMC has examined, or expressed an interest in examining a product, the Commission may lack the jurisdiction to carry out an evaluation, pursuant to Subsection 29(8) of the Building Code Act, 1992.

The Commission is required to make decisions on applications, but subcommittees are usually established to carry out detailed evaluations. These subcommittees consist of Commission members who are familiar with, and/or expert in, the field of technology associated with the application. The Commission may request comments from Ministry technical staff.

The number of evaluations conducted, and subsequent authorizations issued, are determined based on the volume of applications received. Typically, the Commission holds 1 general meeting each month and an average of 3 subcommittee meetings per application. The issuance of decisions by the Commission usually takes 3 to 4 months, depending on the complexity of the application, the additional information required of the applicants and the timeliness of their response.

The Commission notes that when applicants choose not to make a presentation to the Commission it results in lengthier reviews and increase workload. The resulting additional work requires more time to communicate between the Commission and applicants. Further, the number of occasions where the Commission has had to undertake a significant jurisdictional review of an application has increased. All these factors have an impact on the number of subcommittee meetings required to fully evaluate new and innovative products.

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

The rate of applications to the Commission has had some fluctuations during the past 5 fiscal years. The Commission notes that the increased application fee (in effect since 2018) may have an impact on an applicant’s decision to apply to the Commission. The Commission also notes that the increase in the number of applications received in the 2024—2025 fiscal year may be the result of the expiration policy (authorizations now expire every 5 years) and the industry desire to bring new and innovative products to Ontario.

Maintaining existing authorizations

In addition to new applications, the Commission also considers requests for amendments to existing authorizations and reviews its existing authorizations for possible revocation.  Applications for amendments are processed in much the same manner as a new application.  The Commission reviews and evaluates the details of the proposed amendments and make decisions to modify, update or deny the proposed amendments in the existing authorization. The process for review and revocation adds to the workload of the Commission and its staff.

When there is a new edition of the Building Code, the Commission also reviews its existing authorizations against the new Building Code requirements to determine whether the Code has established requirements for materials, systems, or building designs that were previously specified by individual authorizations. These reviews add to the workload of the Commission.

Work of commission staff

Before an application is considered by the Commission, ministry staff help inform potential applicants about the BMEC process, mandate, jurisdiction, powers and duties, as well as application and Building Code requirements.

Ministry staff are working on formalizing a pre-application protocol to better assist clients in navigating the BMEC process for manufacturers of new and innovative products for use in construction in Ontario. This work is expected to take 12+ months to complete. Once completed, the BMEC will review and consider adding the protocol in their Guidelines, Policies and Procedures Handbook.

Other key activities

To enhance the Commission’s performance and accountability over the next 3 years, the Commission will continue with the following practices:

• Accept electronic applications and hold majority of their meeting virtually. The Commission aims to hold 2 in-person meetings per year depending on the month’s agenda, members’ availability and/or upon an applicant’s request.
• Monitor and evaluate Commission-specific performance measures to enhance customer service.
• Continue to provide a cost-effective and expeditious mechanism for evaluation of new and innovative materials, systems, and building designs.
• On-going maintenance and upkeep of existing Authorizations.
• Maintain compliance with the Management Board of Cabinet’s Agencies and Appointments Directive:
  • Prepare, finalize and submit within the specific time frame the Commission’s 3-year Business Plan and Annual Report.
• Monitor risks including identifying and assessing the risks and proposing mitigation strategies which are reported in the business plan each year.
• Provide services in accordance with the Accessibility Standards for Customer Service and the Integrated Accessibility Standards regulation made under the Accessibility for Ontarians with Disabilities Act.
• Continued to work with the Public Appointments Secretariat and the Minister’s Office to improve its membership in terms of regional representation and technical expertise.

Resources

Human resources

The Commission presently has a total of 15 part-time members, including the Chair and Vice-Chair. All members are appointed by Order-in-Council. Management Board of Cabinet’s Agencies and Appointments Directive permits individuals appointed to the Commission to serve a combined term of appointment of up to 10 years.

The following divisions/branches of the Ministry and government cluster support the Commission in achieving compliance with the Agencies and Appointments Directive:

• Housing Policy and Planning 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 Commission’s Secretary is the direct support staff assigned by the Ministry to the Commission and consists of a 0.8 Full Time Equivalent (FTE). The Secretary is responsible for the overall administration and policy development of the Commission. This involves working with the Minister’s Office regarding 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.

Financial budget

The Commission has no financial budget of its own. The Commission is supported by Ministry staff. The operating expenses for this Commission are funded through the Ministry of Municipal Affairs and Housing’s budget.

The Budget and Outlook for the 3-year planning period are based on an estimated application rate of 6 applications (using historical data and projecting forward). In general, actual expenses for any given fiscal year are impacted by the number of applications, meetings and members. As the Commission aims to hold 2 in-person meetings per year and/or upon an applicant’s request, member travel expenses are expected to be incurred. However, low travel expenses are anticipated since most meetings are expected to be held remotely. As of December 31, 2024, the Commission conducted 2 in-person general meetings in the fiscal year.

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

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 fee for applications which became effective on January 1, 2018 is $11,000.

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

Communication plan

The Commission communicates with applicants and potential applicants through publications, forms and instructions, either posted on the Ministry’s website or distributed on request.

In addition, the BMEC Business Plan, Annual Report and MOU are posted on the Ministry’s website in both official languages.

Telephone and email enquiries are responded by the Secretary of the Commission.

Environmental scan

Conditions with impacts on the business plan

New commission members

The Commission will need to work at maintaining its membership both in terms of sufficient numbers of members and sufficient expertise to reflect the full spectrum of technical disciplines (for example fire safety, plumbing, mechanical, on-site sewage systems, etc.).

In previous Business Plans, the Commission has indicated that it would be appropriate for new members to be appointed to the Commission before the existing members appointments had ended. This would allow existing members to mentor the newer appointees. Ideally an overlap of at least 9 months would allow for knowledge transfer from existing members to newly appointed members and permit mentoring of new members.

In this fiscal year 2024—2025, 1 vice-chair and 5 new members were appointed to the Commission.

Changes in demand

To respond to any changes in demand and nature of complex applications received by the Commission, all of which involve innovative technology, influences the need for appropriately skilled Commission members and the degree of administrative support required by the Commission.

It is essential that the Commission has a sufficient number of skilled members appointed to ensure that it can continue to provide manufacturers with a cost effective and efficient avenue for evaluating new and innovative construction products for use in Ontario.

Financial implications

As part-time appointees, Commission members receive remuneration in the form of a per diem as established by Management Board of Cabinet’s Agencies and Appointments Directive. This per diem ranges 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. Costs associated with Commission activities, including operating costs and member per diems, form part of the overall budget of the Ministry of Municipal Affairs and Housing.

Changes to the Commission’s application rate and/or complexity of issues directly impact the Ministry’s budget in support of Commission activities.

Performance measures and targets

In keeping with the Commission’s guiding principles related to its mandate under the Building Code Act noted above, the Commission has established the following performance measures and targets related to fairness, timeliness, quality and consistency, transparency, expertise and courtesy.

Chart 4 below outlines the Commission’s performance measures, targets and results from the previous fiscal year of 2023—2024 and commitments for 2025—2028.

Risk assessment

Based on the Commission’s strategic directions and objectives, the following risk to performance has been identified. Mitigation strategies (including contingency plans, mitigation controls, and monitoring where required as part of prudent risk management protocols) are identified in keeping with the government’s priority to improve risk management.

The Reference Impact and Probability Matrix used in this assessment is below:

Risk evaluation matrix

Risk: Lack of knowledge transfer/succession planning impacting timeliness and quality

Issue

Insufficient overlap between sitting members, whose terms are nearing expiration, and newly appointed members has historically resulted in slower processing of applications. Newly appointed members are unfamiliar with Commission processes; therefore, there are delays in processing applications. Familiarity with past applications and Commission processes is important, and quality and speed of work suffers when there is insufficient overlap of member tenure.

The Commission has continued to express interest in having more overlap between sitting members and newly appointed members than has been afforded in the past.

Probability: Medium

The terms of appointment of all of the current membership will expire during the period covered by this plan. If a significant number of members are either not interested in being reappointed or are not reappointed, then this risk of insufficient knowledge transfer and reduced authorization production will increase.

Impact: Medium

Extensive simultaneous changes in Commission membership can result in a disproportionate workload on some members, and creates difficulty in determining the appropriate composition of a subcommittee. Newer members, while they may be technically experienced, would ideally require time to learn the processes of the Commission from more experienced members.

The Commission Chair and staff will continue to work with the government and the Public Appointments Secretariat to seek appointments of new members more often and in smaller groups, so that members terms of appointment expire in smaller groups.

This strategy will allow the Commission to improve succession planning, achieve appointment overlaps, allowing for knowledge transfer from existing members to newly appointed members, achieve an appropriate balance of geographical representation, promote mentoring of new members; and achieve and maintain membership having expertise in all technical disciplines (fire safety, plumbing, mechanical, on-site sewage systems, etc.).

With this risk being evaluated as medium probability and medium impact, the Commission, together with Ministry staff and other government bodies will need to continue developing strategies to distribute appointment expiry dates in a more staggered fashion.