Building Code Commission
Learn about our mandate to resolve Building Code disputes and how to request a hearing.
Overview
The Building Code Commission (BCC) resolves disputes about:
- whether technical requirements of the Building Code are followed in a building or structure (compliance)
- time period for site inspections
- time period for processing permit applications
BCC typically hears cases from applicants (builders, developers, architects, engineers, etc.) and respondents (chief building officials, building inspectors, registered code agencies, health officials, and other affected organizations)
Under the Building Code Act, the commission is authorized to hold hearings and give rulings.
For rulings by the Building Code Commission, you can:
Mandate statement
The mandate of the Building Code Commission, pursuant to Section 24 of the Building Code Act, 1992, is to hold hearings and make decisions to resolve disputes between affected parties concerning the sufficiency of compliance with the technical requirements of the Building Code. The Building Code Commission also holds hearings and makes decisions regarding time frame disputes for site inspections and time frame disputes for processing permit applications.
Parties to Building Code Commission hearings are typically builders, developers, architects, engineers, and property owners as applicants, and municipal chief building officials, building inspectors, registered code agencies, health officials, and other affected organizations as respondents.
Mission statement
The mission of the Building Code Commission is to provide a fair, impartial and timely appeals process for resolution of disputes relating to the technical requirements of the Building Code.
Request a hearing
Follow these steps to request a hearing:
- Email us at codeinfo@ontario.ca for one of the following BCC application forms- buildings/structures
- inspection time frames
- permit processing time frames
- sewage systems
 If you require the forms in an alternative format, please let us know in your email and we will acknowledge your request within three business days and provide you with the alternative files within 15 business days.
 
- Make 4 copies of the completed form and gather supporting documents including:- 5 copies of supporting documents as listed in the application forms
- 5 copies of any correspondence you have received from the municipal building department, conservation authority, health unit or the Ministry of Municipal Affairs concerning the subject matter of this application
- the fee for each application (please check the application form for exact fee)
 
- Mail your original signed form with copies and supporting documents to:
 Secretary Building Code Commission
 Ministry of Municipal Affairs and Housing
 Building Services Transformation Branch
 777 Bay Street, 12th Floor
 Toronto, Ontario
 M7A 2J3
Recruitment statement
Appointments to the Building Code Commission (the Commission) follow a merit-based, competitive process that includes the following:
- A job posting advertising the details of a vacant member’s position on the Commission will be posted on the Public Appointments Secretariat website for a minimum of ten days excluding Saturday, Sunday and holidays. The job posting will state the skills, knowledge, experience, other attributes and specific qualifications required for the position.
 The Commission’s Member Accountability Framework, which states the key functions and qualifications of members of the Commission, is available on the Commission’s webpage.
- Persons interested in seeking appointment to the Commission must apply through the Public Appointments Secretariat website.
- Applications received during the posting period will be reviewed by the Ministry of Municipal Affairs and Housing and the Chair of the Commission to assess the applicant’s qualifications for the position, based on the following criteria:- Experience, knowledge or training in the subject matter and legal issues dealt with by the Commission
- Aptitude for impartial adjudication
- Aptitude for applying alternative adjudicative practices and procedures that may be set out in the Commission’s rules.
 
- The Chair of the Commission, after assessing the applicant’s qualifications, will decide whether to recommend to the Minister that an applicant is qualified to be appointed to the Commission.
- Based on the recommendations provided by the Chair of the Commission and the results of any reviews, the Minister will make a final recommendation on appointments to the Lieutenant Governor in Council, for approval by means of an Order in Council.
Service standard policy
1. Purpose:
1.1 The Building Code Commission (the “Commission”) is committed to providing a fair, impartial and timely appeals process for resolving Building Code disputes.
1.2 The Commission’s Service Standard Policy includes the Commission’s General Service Standards, its Complaint Policy, and its Accessibility Policy.
2. General service standards:
2.1 In fulfilling its mandate, the Commission aims to meet the service standards listed below. In addition, the Commission adheres to the Ministry of Municipal Affairs and Housing’s customer service standards.
3. For hearings made under clause 24(1)(a) of the Building Code Act, 1992, regarding sufficiency of compliance with the technical requirements of the Building Code:
3.1 The Commission will acknowledge receipt of an application for hearing within five (5) business days of receipt of an application.
3.2 Hearings are usually held within eight weeks of receiving the required documentation from the parties in a timely manner (i.e. completed application and confirmation of the dispute.)
3.3 The Commission will communicate its decision to the parties within fifteen (15) business days of the conclusion of the hearing.
3.4 Hearings will be held in French upon request.
3.5 Hearings may be held by telephone conference upon request.
4. For hearings made under clauses 24(1)(b) or (c) of the Building Code Act, 1992, regarding the time frames associated with issuance of municipal building permits and site inspection service levels:
4.1 The Commission will acknowledge receipt of complete submissions and provide a date for appeal hearings within two (2) business days for timeframe appeals.
4.2 Hearings will be held within five (5) business days of receiving the completed application.
4.3 The Commission will communicate its decision to the parties within fifteen (15) business days of the conclusion of the hearing.
4.4 Hearings will be held in French upon request.
4.5 Hearings may be held by telephone conference upon request.
5. Nothing in the Commission’s Service Standard Policy shall be interpreted as affecting any process or remedy available under the Ombudsman Act or any right to bring an application for a judicial review of a Commission’s decision.
6. Purpose:
6.1 The Building Code Commission (the “Commission”) is committed to providing the highest quality of service to the public. The Commission is also committed to resolving complaints about the service it provides. The purpose of this policy is to create a transparent and fair method of responding to these complaints.
7. Scope:
7.1 Dissatisfaction with the outcome of an application to the Commission is not a ”complaint“ for the purposes of this policy, and the complaints procedure in this policy should not be viewed as a form of request for reconsideration or appeal of particular Commission decisions.
7.2 The subject matter of complaints that may be considered under this policy include Commission policies and procedures or their application in a particular case, complaints regarding non-compliance with the service standards, the conduct of Commission members or staff, or the quality of service received from the Commission.
7.3 While this policy creates a formal mechanism for complaints to be made to the Commission, the Commission encourages the informal resolution of complaints directly with it and its staff at any time, even during a hearing.
8. Complaints procedure:
8.1 Complaints to the Commission under this policy must be submitted in writing and be signed and dated by the complainant. Correspondence to the Commission under this policy should be labelled “Personal and Confidential.”
8.2 The Commission will attempt to provide a response to a written complaint within 15 business days after the complaint is received. Where this is not possible, the complainant will be informed, and will be given an estimate of the time within which the Commission expects to be able to respond to the complaint.
8.3 Complaints made to the Commission are, subject to the Freedom of Information and Protection of Privacy Act, treated as confidential.
9. Submission of complaints:
9.1 A complaint about a Commission staff person may be raised with that person directly or may be made to the staff person’s supervisor or to the Commission Chair. In the event that the complaint is made directly to the staff member and a satisfactory resolution has not been obtained, the complaint should be sent to the staff member’s supervisor or the Commission Chair.
9.2 A complaint about a Commission Member should be directed to the Commission Chair.
9.3 A complaint about the Commission Chair should be directed to the Minister of Municipal Affairs and Housing.
9.4 A complaint regarding non-compliance with the established service standards may be directed to the Coordinator of the Building Innovation Section or the Commission Chair.
10. Contact information
10.1 The addresses of key Commission contact persons are:
Secretary, Building Code Commission    
 Ministry of Municipal Affairs and Housing
12th Floor, 777 Bay Street    
Toronto, Ontario
M7A 2J3
Coordinator, Building Innovation    
Ministry of Municipal Affairs and Housing
12th Floor, 777 Bay Street    
Toronto, Ontario
M7A 2J3
Director, Building Services Transformation Branch    
Ministry of Municipal Affairs and Housing
12th Floor, 777 Bay Street    
Toronto, Ontario
M7A 2J3
Chair, Building Code Commission    
c/o Ministry of Municipal Affairs and Housing
12th Floor, 777 Bay Street    
Toronto, Ontario
M7A 2J3
Minister of Municipal Affairs and Housing    
17 Floor, 777 Bay Street
Toronto, Ontario
M7A 2J3
The Commission’s accessibility standard is included here for completeness, although production of this policy is not required by the Adjudicative Tribunals Accountability Governance and Appointments Act, 2009
11. Commitment to accessibility:
11.1 The Building Code Commission (“the Commission”) supports the full inclusion of persons with disabilities as set out in the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code, The Ontarians with Disabilities Act, 2001 (ODA) and the Accessibility for Ontarians with Disabilities Act (AODA), 2005.
11.2 The Commission is committed to providing the highest quality of service to the public. This includes a commitment to providing an inclusive and accessible environment, in which all members of the public have equal access to its services and are treated with dignity and respect.
11.3 The Commission is committed to providing services in accordance with the Accessibility Standards for Customer Service and the Integrated Accessibility Standards regulations made under the AODA.
12. Scope:
12.1 The Commission is committed to providing accommodation for needs related to: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex (including pregnancy and gender identity), sexual orientation, age, marital status, family status and disability, unless to do so would cause undue hardship. Disability includes physical disabilities, sensory disabilities, mental health disabilities, and “non-visible” disabilities such as learning disabilities or environmental sensitivities.
13. Commission location:
13.1 Hearings are usually held at 777 Bay Street in Toronto. The Accessibility Standards for Customer Service regulation applies to Ontario Public Service buildings. The Commission tries to schedule hearings in suitable facilities. Materials posted online are in accessible format, and Commission documents are available in accessible formats upon request.
14. Principles:
14.1 The following principles will guide the Commission in making its processes accessible:
14.1.1 Services will be provided in a manner that respects the dignity and independence of members of the public. The Commission will conduct adjudicative processes in a timely manner, with fairness, integrity and respect.
14.1.2 The Commission will provide services in a manner that fosters physical and functional access to Commission processes and promotes the inclusion and full participation of members of the public.
14.1.3 All persons will be given equal opportunity to obtain, use and benefit from Commission services. Where required, individualized accommodation will be provided, short of undue hardship. The Commission will provide clear, accurate, helpful and consistent information. The Commission will also communicate with a person with a disability in a manner that takes into account his or her disability.
15. Application of the policy:
15.1 This policy applies to Commission public offices, staff and members. The policy promotes equal access for all individuals including parties, witnesses and representatives, to fully participate in all Commission processes, short of undue hardship. In this policy, the term “member” is used to designate all adjudicative positions at the Commission and includes the Chair, Vice Chairs and members.
16. Building Code Commission actions to achieve accessibility:
The Commission takes the following actions to promote an accessible environment. These are in addition to specific accommodations that may be requested on a case-by-case basis.
16.1 Assistive devices:
16.1.1 The Commission recognizes that some individuals may require the use of an assistive device. The Commission Secretary should be contacted in advance of the proceedings if any special arrangements are required for the use of the device at a Commission proceeding.
16.1.2 The Commission recognizes that some individuals require the use of devices to assist with daily needs including communication, mobility, personal care or medical needs. The Commission will work to accommodate such services and devices, but will generally not arrange to supply them.
16.2 Use of service animals:
16.2.2 The Commission further recognizes that some individuals may need to use a service animal to participate in Commission proceedings. The Commission Secretary should be contacted in advance of the proceedings if any special arrangements are required for the animal.
16.3 Use of support persons:
16.3.1 The Commission recognizes that some individuals may need to use the services of a support person to participate in Commission proceedings.
The Commission will ensure that both persons are permitted to enter the premises together, and that the person with a disability is not prevented from having access to the support person.
16.4 Offices:
16.4.1 The Commission’s offices are located at 777 Bay Street in Toronto. Hearings are usually held in this building. The building’s front doors and elevators, and the Commission’s public offices, are accessible to wheelchairs, scooters and other mobility devices.
16.5 Notice of temporary disruptions:
16.5.1 Where an accessibility or accommodation measure provided by the Commission becomes unavailable, the Commission will provide notice to affected parties as soon as practicable.
16.6 Communications:
16.6.1 The Commission will communicate with persons with disabilities in ways that take into account their disability. This means that both staff and members of the Commission will communicate by a method that enables persons with disabilities to communicate effectively for purposes of using, receiving and requesting Commission services.
16.6.2 The Commission, when requested, will provide services at hearings such as American Sign Language (ASL) and langue des signes québecoise (LSQ).
16.7 Request for accommodation:
16.7.1 Requests for accommodation measures should be made to the Secretary of the Commission, as soon as possible in advance of a Commission proceeding.
16.7.2 The Commission recognizes that accommodation needs may arise during any aspect of the process. If an accommodation issue comes to the attention of Commission staff, efforts will be made to accommodate. During Commission proceedings, if a request not previously raised with the Commission Secretary is made, the member will facilitate efforts to accommodate the request.
16.8 Format of information materials:
16.8.1 The Commission’s informational materials, forms and notices to the public are available in print and on the Commission’s webpage. Documents created by the Commission will be made available, upon request, in alternate formats to accommodate disability-related needs. When requested, the Commission will advise the individual of the time frame for providing the document in the requested format. Commission documents posted online will be in accessible formats, as required by the Integrated Accessible Standards Regulation.
17. Training:
17.1 Training will be provided to staff and members to ensure that they understand this policy, and how to undertake accessibility and accommodation measures in accordance with it and with the Accessibility Standards for Customer Service and the Integrated Accessible Standards Regulations.
17.2 The Commission will maintain and update a record describing accessibility training delivered to staff and members, including content of the training, and when and to whom the training has been provided.
18. Feedback process:
18.1 Comments or feedback about Commission services may be directed to the Commission Secretary. Feedback may be made in writing, by phone, or via email.
19. Accessibility Requests:
19.1 The Commission will schedule hearings in suitable and accessible facilities. For hearing accommodations or any other accessibility request, the Commission Secretary should be contacted in advance of the proceedings if any special arrangements are required.
Contact information:
Attention: Secretary, Building Code Commission    
C/o Ministry of Municipal Affairs and Housing
12th Floor, 777 Bay Street    
Toronto, Ontario
M7A  2J3
Telephone: 
Ethics plan
1. Purpose:
1.1 The Ethics Plan (the “Plan”) explains how the Building Code Commission (“the Commission”) will ensure that its members understand their ethical responsibilities under:
1.1.1 the Commission’s Code of Conduct
1.1.2 the Public Service of Ontario Act, 2006 (PSOA) and its regulations, specifically the Act’s Part IV (Ethical Conduct) and Part V (Political Activity), and PSOA Regulation 381/07 (Conflict of Interest Rules)
1.1.3 any other ethical directions that may be specified in directives of Management Board of Cabinet.
These rules are referred to below as “the ethical legislation, regulations and codes”.
1.2 The Plan is intended to ensure that Commission members are aware of their ethical obligations throughout the terms of their appointments. It describes the obligations of the members at appointment, annually, and at the end of their appointment. It also describes certain additional responsibilities for the Chair.
1.3 The Commission is committed to adhering to the highest standard of ethical conduct in its work.
1.4 Section 6 of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 requires the Commission to establish an ethics plan.
2. Application and Scope
2.1 The Plan is implemented by the Chair of the Commission (“the Chair”) to advise and inform appointees to the Commission, of their obligations both during the terms of their appointments and post-service.
2.2 The information referenced in the Plan, covering the ethical requirements that Commission members should be familiar with, includes:
2.2.1 conflict of interest rules set out in the PSOA’s O. Regulation 381/07 (and, where applicable, the Commission’s Code of Conduct);
2.2.2 the political activity rules set out in Part V of the PSOA;
2.2.3 the role and responsibilities of the Chair as ethics executive for the Commission;
2.2.4 the role and responsibilities of the members’ in notifying the ethics executive (the Chair) of any issues, where necessary and to comply with directions provided;
2.2.5 procedures to notify the ethics executive where necessary;
2.2.6 conduct expected of a member when carrying out his or her adjudicative responsibilities, as laid out in both the Commission’s Code of Conduct and the PSOA, and any other directives that may be issued by Management Board of Cabinet; and
2.2.7 consequences of non-compliance with the PSOA and the Commission’s Code of Conduct.
3. At appointment:
At the time of appointment, as part of the orientation of the new member to the Commission, the Chair will:
3.1 provide the new member with copies of the current interpretative bulletins on rights and responsibilities issued by the Conflict of Interest Commissioner.
3.2 provide the new members with a link to the PSOA and PSOA Regulation 381/07.
3.3 provide the new member with a link to the Conflict of Interest Commissioner’s website with specific instructions for the member to read the interpretative materials on the member’s rights and responsibilities.
3.4 make himself or herself available for questions concerning ethical obligations.
3.5 arrange for the new member to sign a copy of the Code of Conduct to be kept in the Commission’s files, with an affirmation that he or she understands the Code of Conduct and related legislation, and is aware of his or her ethical obligations as a member of the Commission.
4. Existing members:
If not done at appointment, the Chair will provide the member with the same materials listed in Section 3 above.
5. Annually:
5.1 Each fiscal year, prior to the first semi-Annual General Meeting of the year, the Chair will distribute a memo to members reminding them of their ethical obligations and the rules governing political activity, attaching another copy of the Code of Conduct and relevant sections of the PSOA and O. Regulation 381/07, and giving a link to the Conflict of Interest Commissioner’s website.
5.2 Each fiscal year, at the first semi-Annual General Meeting of the year, the Chair will hold a brief discussion of the Code of Conduct, all other ethical obligations and the rules governing political activity of the members.
5.3 At an appropriate time before all municipal, provincial and federal elections, or in other appropriate circumstances, the Chair will distribute a memo to members outlining relevant ethical rules, and inviting members to contact the Chair if they have questions.
6. At the End of an Appointment:
6.1. The Chair will provide the departing member with a letter summarizing his or her post-service ethical obligations.
7. Summary of Obligations of the Chair:
7.1 Will ensure that each member of the Commission is informed of their ethical obligations at appointment, at the end of their appointments, and annually, per the procedures outlined above.
7.2 Will seek clarification from the Conflict of Interest Commissioner on any unanswered question the Chair has on the ethical legislation, regulations and codes.
7.3 Will distribute to Commission members any additional communications concerning ethical guidelines from the Ministry or the Conflict of Interest Commissioner, as they arrive, that clarify or change Commission members’ ethical obligations.
7.4 Will promptly take action, as dictated in the ethical legislation, regulations or codes, if any breaches of a member’s ethical duties come to his or her attention.
10. Review
10.1 The Commission will review this plan at least once every three years.
Consultation policy
1. Purpose:
1.1 The Building Code Commission (“the Commission”) will consult the public when it is considering significant changes to its guidelines, policies and procedures. The Commission is committed to meaningful consultation when considering changes that might have an impact on its stakeholders, including parties to hearings for which the Commission is responsible, and any other affected parties.
1.2 Consultation with affected parties is not shared decision-making. It is an integral component of the Commission’s approach to reviews of and improvements to its guidelines, policies and procedures.
2. Application and scope:
2.1 This policy applies to: any changes to Commission guidelines, policies and procedures that may significantly affect how the Commission does its business, and so could, in the opinion of the Chair, have a material effect on the outcome of proceedings for stakeholders, applicants, other affected parties, and members of the general public; and to any other matter specified in regulations, or in directives of Management Board of Cabinet.
2.2 This policy does not apply to minor changes to clarify existing guidelines, policies and procedures. These include grammatical changes, minor updates to reflect changes in legislation or Commission location, and other changes to ensure that the Commission’s guidelines, policies and procedures reflect current Commission operating practices.
3. How the policy will be implemented:
3.1 The format, method and length of a consultation will be determined by the Chair, working with Commission members and staff, to design the consultation method most appropriate to the changes under consideration.
3.2 The Commission will notify stakeholders when policies and procedures affecting them come under review. The notification will outline the proposed change, proposed deadlines, and the method of consultation. The Commission will also post on its webpage an advance notice describing the consultation and the mechanism for feedback.
3.3 The process for notification, and the list of stakeholders to be contacted, will be determined by the Chair in accordance with the scope of the review.
3.4 After consultations are complete, the Commission will consider the views received before making a decision on the relevant changes to rules, policies or processes.
4. Review:
4.1. The Commission will review this policy at least once every three years.
Member accountability framework
Statement of members’ functions and qualifications
Required under clauses 7 (2) (a) and (b) of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009
1. The Building Code Commission:
The Building Code Commission (the “Commission”) is a statutory tribunal which exercises its powers and performs duties in accordance with the Building Code Act, 1992 (the “Act”). The Commission operates independently from the Government of Ontario. The Commission is accountable to the government through the Chair of the Commission reporting to the Minister of Municipal Affairs and Housing. The Commission conducts itself in accordance with management principles of the Government of Ontario. These principles include ethical behaviour, prudent, efficient and lawful use of public resources, fairness and high quality services to the public, and openness and transparency to the extent allowed under the law.
2. A member of the Building Code Commission:
2.1 Role:
2.1.1 A member is responsible for the resolution of disputes among parties appearing before the Commission pursuant to the Act by adjudicating hearings and rendering decisions. A member may carry out this responsibility alone as a single adjudicator or as part of a panel in accordance with the statutory authority set out in the Act and the Building Code.
2.2 Key duties:
A member:
2.2.1 Prepares for and participates in hearings, makes rulings and writes decisions.
2.2.2 Participates in hearings or other duties as assigned by the Chair in accordance with the Act and the Building Code as well as within the policies, procedures and rules of practice developed by the Commission.
2.2.3 Hears submissions and evidence presented by the parties to a dispute.
2.2.4 Actively listens to comprehend positions of parties and poses questions to parties, if necessary, in order to clarify positions of parties and understanding of the dispute.
2.2.5 Makes rulings necessary for the proper and expeditious conduct, control and completion of the hearing.
2.2.6 Reviews and analyzes the evidence and submissions thoroughly and participates in making decisions based on the evidence and application of the Act and the Building Code.
2.2.7 Makes rulings and issues written decisions that are independent and free of outside influence.
2.2.8 Issues decisions in a timely manner, within the timeframes established by the Commission.
2.2.9 Issues clear, well-written, reasoned decisions, which are understandable.
2.2.10 Attends and participates in meetings of the Commission, as well as participating in work groups related to the work of the Commission, as requested.
2.2.11 Complies with policies and practices set out by the Commission to meet financial accountability and administrative requirements.
2.2.12 Works constructively and contributes to a collegial atmosphere at the Commission by sharing knowledge, time and experience with other Commission members.
2.2.13 Maintains positive, productive and appropriate relationships with parties appearing before the Commission.
2.2.14 Ensures equal access, fair treatment and due process in dispute resolution and hearing practices.
2.2.15 Deals with conflicting and diverging interests while maintaining decorum, due process, and professional and respectful interactions among parties.
2.2.16 Recognizes and deals appropriately with situations that may involve an issue of bias or conflict of interest in accordance with the Commission’s Code of Conduct.
2.3 Qualifications:
Members are required to have the following abilities, skills and knowledge in order to carry out their responsibilities effectively:
2.3.1 Comprehensive knowledge of the Act, and the Building Code, an understanding of the Provincial building regulatory system, and related laws and legal processes or the ability to acquire such knowledge.
2.3.2 Relevant experience and expertise in one or more of building design and standards, engineering, architecture, building materials manufacturing, testing and industry standards.
2.3.3 Technical expertise in one or more of the following areas: structural design/engineering, architectural design, building sciences and standards, mechanical design/plumbing, on-site sewage systems and fire safety.
2.3.4 Understanding of the Commission’s rules of practice and supporting procedures.
2.3.5 Understanding of the professional, institutional and community context within which the Commission operates.
2.3.6 Understanding of administrative law and concepts of fairness and natural justice.
2.3.7 Demonstrated analytical, conceptual, problem-solving, decision-making and writing skills.
2.3.8 Ability to listen and communicate clearly and effectively.
2.3.9 Ability to formulate and communicate reasoned decisions.
2.3.10 Impartiality and sound judgement to fairly assess cases involving issues regarding conflicting verbal or written evidence.
2.3.11 Organizational skills to manage the Commission’s workload.
2.3.12 Self-confidence, self-control and sensitivity to the diverse interests of parties in order to maintain effective control in confrontational and stressful situations.
2.3.13 Commitment to respect diversity, and to maintain fair, transparent processes that meet high professional standards.
2.3.14 Availability and willingness to attend and participate in hearings.
3. The Vice-Chair of the Building Code Commission:
3.1 Role:
3.1.1 In addition to being responsible for the resolution of disputes among parties appearing before the Commission pursuant to the Act by adjudicating hearings and rendering decisions, a Vice-Chair is responsible for acting as a substitute Chair, either in the Chair’s absence or as requested by the Chair. Vice-Chairs may also be asked to lead Commission initiatives or preside at hearings that may be high profile and complex.
3.2 Key duties:
In addition to the duties outlined in the member position description, a Vice-Chair:
3.2.1 In the Chair’s absence, is responsible for carrying out duties delegated by the Chair.
3.2.2 Participates in and leads working groups and special projects and reports back to the Chair.
3.2.3 Acts as an additional key point of contact to appointees and staff of the Commission in the Chair’s absence and performs the responsibilities of the Chair when the Chair is not available, such as the assignment of applications, ensuring adjudicative quality and providing advice to appointees and staff.
3.2.4 Collaborates with the Chair to develop and implement processes and practices that support the Commission’s operations to enhance effectiveness and efficiency.
3.2.5 Chairs hearings in the absence of the Chair.
3.2.6 Performs other responsibilities as agreed to with or as delegated by the Chair.
3.3 Qualifications: The Vice-Chair will have the qualifications of a member plus the following:
3.3.1 Leadership ability to oversee the implementation of strategic vision by ensuring appropriate plans are put into operation to deliver efficient, effective and high quality services.
3.3.2 Advanced dispute resolution and analytical skills to resolve complex matters.
3.3.3 Effective communication and interpersonal skills when dealing with staff, Commission members, stakeholders and the public.
3.3.4 Commitment to respect diversity, and to maintain fair, transparent processes that meet high professional standards and the Commission’s Code of Conduct.
3.3.5 Understanding of government values and a commitment to working within government’s agency accountability rules.
3.3.6 Knowledge of and commitment to governance practices.
3.3.7 Commitment to the protection of the public interest within the mandate of the Commission.
4. The Chair of the Building Code Commission:
4.1 Role:
4.1.1 The Chair is responsible for the overall strategic direction and performance of the Commission. The Chair provides leadership to the Commission to ensure that the Commission operates within its mandate, as defined in Sections 23 and 24 of the Act and within approved governance and accountability requirements of the government.
4.2 Key duties:
In addition to the duties outlined in the member position description, the Chair:
4.2.1 Represents the Commission and is the key liaison and spokesperson in dealings with the government.
4.2.2 Keeps the Minister advised of issues or events that concern, or can reasonably be expected to concern, the Ministry in the exercise of the Minister’s responsibilities.
4.2.3 Ensures strategic plans are fiscally prudent, reflective of the Commission’s mandate and take into account protection of the public interest, risk identification and mitigation.
4.2.4 Directs the affairs of the Commission within its mandate as defined by the Act and the Commission’s approved business plan.
4.2.5 Develops and maintains a current Memorandum of Understanding between the Minister and the Commission, and signs on behalf of the Commission.
4.2.6 Reviews and approves the Commission’s business plan and annual report and submits them to the Minister with the content and within the timelines established by the Agency Establishment and Accountability Directive.
4.2.7 Ensures the members of the Commission are aware of their obligations and that they act in compliance with the Commission’s Code of Conduct and Conflict of Interest rules.
4.2.8 Performs the duties of ethics executive for the Commission and ensures that any conflict of interest matters are dealt with in accordance with the Public Service of Ontario Act, 2006.
4.2.9 Notifies the Minister of upcoming appointment vacancies and makes recommendations for appointments or re-appointments that respect and promote the principles of equity, diversity, quality, merit and regional representation.
4.2.10 Mentors and develops Vice-Chairs and members.
4.2.11 Ensures a process is in place for responding to and resolving complaints from the public and Commission clients.
4.2.12 Ensures that public funds are used for their intended purpose and in accordance with applicable legislation, regulations, directives and principles of integrity and honesty, and ensuring value for money.
4.2.13 Ensures the development of an effective performance measurement and management system for assessing the Commission’s performance.
4.2.14 Arranges for and chairs meetings of the Vice Chairs and members to discuss emerging issues, builds support for policy and process changes, engages in professional sharing and development and promotes clarity and predictability in the exercise of independent decision-making.
4.2.15 Acts as the key point of contact to appointees and staff of the Commission for matters such as the assignment of applications, ensuring adjudicative quality and providing advice to appointees and staff.
4.2.16 Provides oversight to internal processes and procedures that ensure efficiency, quality and timeliness in the resolution of disputes and rendering of decisions.
4.2.17 Ensures effective decisions that communicate the reasons for the decisions.
4.2.18 Oversees regulatory and adjudicative processes including efficient assignment of hearing dates.
4.2.19 Oversees that establishment of Commission policies and procedures that are within the legal, economic and political framework of the government.
4.2.20 Attends and makes presentations before Cabinet or committees of Cabinet or the Legislature on matters concerning the affairs of the Commission, when requested to do so.
4.3 Qualifications:
The Chair will typically have the qualifications of a member plus the following:
4.3.1 An experienced leader with ability to set strategic direction, articulate and work towards a vision and oversee the implementation of plans and strategies to deliver efficient, effective and high quality services.
4.3.2 Thorough understanding of administrative justice system, including relevant legal principles.
4.3.3 Superior dispute resolution and analytical skills to resolve complex matters.
4.3.4 Effective communication and interpersonal skills when dealing with staff, Commission members, stakeholders and the public.
4.3.5 Understanding of government values and a commitment to working within government’s agency accountability structure.
4.3.6 Understanding of sound financial and operational business processes and practices.
4.3.7 Commitment to the protection of the public interest within the mandate of the Commission.
4.3.8 Commitment to respect diversity and to maintain fair, transparent processes that meet the highest professional standards of the Commission’s Code of Conduct.
4.3.9 Knowledge of and commitment to sound government practices.
Code of conduct
Required under clause 7 (2) (c) of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009
5. Purpose:
5.1 The objective of this Code of Conduct (“the Code”) is to provide guidance to members of the Building Code Commission (“the Commission”) on appropriate standards of conduct. The Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 requires the Commission to create a Code and to make the Code publicly available.
6. Application:
6.1 The rules in this Code (except where specified) apply to all members of the Commission, including the Chair, Vice-Chairs and members. For simplicity, the term "member" is used to include all adjudicative positions.
6.2 The Code governs the conduct of members from the commencement of their term of appointment, including their continuing responsibilities as members after completion of their term.
7. General intent:
7.1 The Code recognizes the fundamental and overriding responsibility of all members to maintain the integrity, competence and effectiveness of the Commission as a whole.
7.2 The expectation is that the member’s conduct, both in public and in private, should always be consistent with the office held by a member of a quasi-judicial adjudicative agency of the government, and should be able to withstand the closest public scrutiny.
7.3 The rules in this Code are intended to assist members by establishing appropriate standards of conduct in typical circumstances. However, the Code cannot anticipate all possible circumstances in which members may be called upon to exercise judgment as to the appropriate standard of conduct. Some circumstances will require that the rules be adjusted to reflect a standard of conduct which is more or less onerous. In each case, it remains the responsibility of the member to consider the appropriate standard and to conduct themself in an ethical and professional manner. A member who wishes to discuss a particular circumstance may do so with the Chair.
8. Review and amendment:
8.1 The Code may be amended from time to time to reflect the developing experience of the Commission. The Commission will review the Code at least every three years.
9. Relationship to other legislation:
9.1 This Code is to be read together with the provisions of the Public Service of Ontario Act, 2006 S.O.2006, c.35, Sched. A (PSOA) and Ontario Regulation 381/07 on Conflict of Interest rules. Members of the Commission are subject to the provisions of the PSOA and some of the regulations made under that Act. In the event of a conflict between this Code and the PSOA, the provisions of the PSOA take precedence.
10. Principles:
10.1 Fairness: Members have an obligation to act fairly when conducting hearings and rendering decisions.
10.2 Transparency: Members should ensure that hearings are conducted in a manner that is transparent and seen to be fair.
10.3 Ease of Understanding of Proceedings: Members should make all reasonable efforts to ensure that the hearings are accessible to all parties. Members should make all reasonable efforts to conduct hearings in a manner that is understood by all parties to the hearing.
10.4 Quality and Consistency: Members should be fully prepared for a hearing. Members should maintain the integrity of the hearing process.
10.5 Courtesy: Members should treat each person who appears before them with respect.
10.6 Integrity: Members should act with honesty and integrity, and conduct themselves in a manner consistent with the nature of their responsibilities and the maintenance of public confidence in the administration of justice. Members should foster a collegial working environment and conduct themselves in a manner that reinforces the integrity and professionalism of the Commission. Members should maintain a level of competence and knowledge required to discharge their obligations and duties. Members should have due regard to maintaining the integrity of the Commission after ceasing to be a member of the Commission.
10.7 Impartiality: Members should approach every hearing and every issue arising at a hearing with an open mind. During the deliberative process following a hearing, the Commission’s decisions should be based on the submissions and evidence presented during the hearing process and on the members’ experience and technical knowledge of the Building Code. Members must avoid conflicts of interest.
11. Conduct of the hearing
11.1 Members shall act with honesty, integrity, and high ethical standards.
11.2 A member shall approach every hearing with an open mind with respect to the issue.
11.3 A member shall listen carefully and respectfully to the views and submissions of the parties and their representatives.
11.4 A member shall show respect for the parties, representatives, witnesses, and for the hearing process itself, through their demeanour, timeliness, dress and conduct throughout the proceeding.
11.5 A member shall demonstrate a high degree of sensitivity to issues of gender, ability, race, language, culture and religion, which may affect the conduct of a hearing.
11.6 Members shall conduct hearings in a firm but courteous manner and should likewise require courteous behaviour from hearing participants. Mutual respect among hearing participants should be fostered. Unprofessional, sexist, racist, ethnocentric or inappropriate religious comment or contemptuous conduct will not be tolerated.
11.7 A member shall endeavour to conduct hearings expeditiously, preventing unnecessary delay while ensuring that the parties have a fair opportunity to present their case.
11.8 Members shall conduct hearings such that those who appear before the Commission understand procedures and practices and can participate equally, whether or not they are professionally represented.
11.9 A member shall not communicate directly or indirectly with any party, witness or representative in respect of a proceeding, except in the presence of all parties and their representatives. This does not prevent members from displaying courtesy when they encounter parties or their representatives in or outside of the hearing room, as long as members behave in a manner that ensures parties view them as impartial toward all participants and representatives.
12. Decision-making responsibilities
12.1 A member shall make each decision on the true merits of the case, based on the law, the evidence, and the principles of natural justice. A member shall apply the law to the evidence. The prospect of disapproval from any person, institution, or community must not deter a member from making the decision which he or she believes is correct based on the law and the evidence.
12.2 A member is responsible for ensuring that decisions are rendered promptly. Written reasons should be prepared in accordance with Commission established guidelines. A member shall endeavour to use clear and plain language in decision writing.
12.3 Members should recognize the importance of having a consistent and predictable process in the exercise of their independent decision-making authority.
13. Explanation of principles
13.1 Fairness
13.1.1 The Commission has a duty to act fairly. At a minimum, fairness refers to a person’s right to proper notification, the right to respond and the right to an unbiased opportunity to present information to the Commission.
13.1.2 Members have an obligation to comply with procedural fairness and natural justice requirements and to act impartially in the conduct of proceedings, including in matters of law and member attitude and demeanour.
13.1.3 The obligation to act fairly also requires that members conduct themselves in accordance with the principles and standards set out in this Code.
13.1.4 Members should treat each person with dignity and respect and in a manner that builds trust.
13.2 Ease of understanding of proceedings
13.2.1 The public has a right to information about the services of the Commission in a format that is understandable. Applicants before the Commission, whether or not they have representation, are often unfamiliar with the process. Applicants who are not represented must not be unduly disadvantaged when participating in the Commission’s proceedings.
13.2.2 The Commission’s processes should be informal as possible, however, due regard must be given to the procedural rules contained in the Building Code Act, 1992 and the Statutory Powers Procedure Act.
13.2.3 Members should consider the atmosphere of the room and general comfort, and minimize use of legal or technical language which might be considered beyond the scope of the matter in front of the Commission.
13.3 Quality and consistency
13.3.1 Members shall be fully prepared for a hearing and ensure that hearings are conducted in an orderly manner.
13.3.2 Members shall maintain the integrity of the hearing process.
13.4 Transparency
13.4.1 The transparency of Commission processes inspires public confidence in the system and strengthens the confidence of an applicant for a hearing and in the outcome of that hearing. It is not enough that the member act in a manner that is fair; the applicant must be able to see for themself that the process is fair. Meetings conducted in a transparent and open manner will provide assurance that the entire decision making process is impartial and fair.
13.5 Courtesy
13.5.1 Respect for the applicant, representatives, and observers and for the Commission process itself is demonstrated through demeanour, timeliness, dress and conduct throughout the hearings. Members should demonstrate a high degree of sensitivity to issues of gender, age, ability, race, sexual orientation, marital status, language, culture and religion.
13.6 Integrity
13.6.1 Public confidence in the system depends on the integrity, objectivity and impartiality of members. Members are therefore expected to conduct themselves in accordance with the highest ethical standards both within and outside the meetings. The norms of behaviour to which members are expected to conform are exemplified in the following elements of appropriate conduct.
To other members
13.6.2 A member shall, through their conduct, endeavour to promote collegiality among Commission members and with Commission staff and with Ministry of Municipal Affairs and Housing staff.
13.6.3 In discussions and consultations with other members, a member will conduct themself in a manner which demonstrates respect for the views and opinions of colleagues.
13.6.4 A member will not comment publicly on a decision of a colleague, or on the manner in which another member has conducted themself during a hearing.
When sitting as a hearing panel
13.6.5 When sitting as a hearing panel, members will comply with the Policies and Procedures of the Building Code Commission governing the respective roles of the presiding members and the other members in the conduct of a hearing.
13.6.6 Members of a hearing panel must make themselves available on a timely basis for discussions with their panel colleagues on the conduct of the proceeding and on the substance of the determinations to be made. When a draft decision is provided to a hearing panel member for comments, he or she should respond at the earliest opportunity.
13.6.7 In circumstances where a member of a hearing panel is unable, after discussion and careful consideration, to agree with the proposed decision of a majority of the panel, he or she shall prepare, in a timely fashion, a reasoned dissent.
To commission Chair
13.6.8 A member will make themself available to meet with the Chair on a timely basis when requested to do so.
13.6.9 When a member becomes aware of conduct of a colleague that may threaten the integrity of the Commission or its processes, it is the duty
of the member to advise the Chair of the circumstances as soon as practicable.
13.6.10 In the absence of the Chair, members should approach one of the Vice-Chairs.
To commission
13.6.11 Commission members have been appointed for their specialized skills, breadth of technical knowledge, understanding of legislative objectives and awareness of the implications of their decisions. In addition, Commission members should have the ability to use discretion and their own judgment, rather than merely adhere to rigid rules.
13.6.12 A member shall maintain a high level of expertise in adjudication and procedural issues, as well as in the relevant law in the area of specialty of the Commission.
13.6.13 Members should have knowledge of procedural issues, technical issues specific to the Commission, and the Policies and Procedures of the Building Code Commission. Members should take steps to maintain currency in emerging issues, trends, and regulations pertaining to the work of the Commission. This may be achieved by attending training on adjudication skills, participating in Commission-sponsored training sessions, and participating in appropriate subject matter-related training.
13.6.14 Members should work together with the Chair to identify areas for the member’s professional development.
13.6.15 A member will make themself available to participate, as assigned, in non-hearing related functions and activities, such as training new members and participating in committees.
13.6.16 A member shall not engage in conduct that exploits their position of authority and trust.
13.6.17 A member shall not communicate with the media regarding a decision of the Commission.
13.6.18 As part-time members who engage in other professions, occupations or businesses, members shall make every effort to not allow those activities to undermine the discharge of their responsibilities as a Commission member. If the member has committed to participate in a hearing, they shall make every reasonable effort to fulfil the commitment.
Appearance Before the Commission
13.6.19 A member shall not appear before the Commission as an expert witness or as a representative for a party while he or she is appointed as a member to the Commission. Members may also not provide evidence directly to the Commission.
Post Service Conduct
13.6.20 A member should continue to observe norms of conduct established by the Commission in the interests of preserving the integrity of the Commission even after the expiry of the member’s term.
13.6.21 After ceasing to be a member of the Commission, a former member should abide by the Commission’s rules governing post-service conduct; should not take improper advantage of past office; and should continue to observe his or her obligations of confidentiality after leaving office, subject to any requirements under law.
13.6.22 It is recognized that members are appointed for limited terms. Where a former member engages in post-appointment activity that may involve appearances before the Commission, caution must be exercised in ensuring that such activity does not compromise the integrity of the Commission or raise an apprehension of bias.
13.6.23 A member shall comply with the procedures established for the Commission and consult with the Chair for guidance on appropriate conduct after the expiry of the member’s term. A former member should not normally be permitted to appear before the Commission as a representative or consultant, until a minimum of three months after ceasing to be a member.
13.7 Impartiality
13.7.1 Fairness requires that members must be impartial and independent of any improper influences. During the term of appointment, a member should strive to conduct themself in a manner that would be perceived as impartial, in the eyes of an objective third party reasonably informed of the facts.
13.7.2 The concepts of bias and of conflict of interest, although obviously related, are treated as separate principles. Conflict of interest is limited to financial conflicts, and non-financial conflict of interest situations are treated under the heading of bias.
Conflict of interest
13.7.3 A conflict of interest arises when a member’s private or personal interests take precedence over, or compete with, the member’s responsibilities as an appointee.
13.7.4 Members must adhere to the Conflict of Interest rules published in Ontario Regulation 381/07 established under the Public Service of Ontario Act, 2006.
13.7.5 Members should notify the Chair of any conflict of interest or potential conflict of interest at the earliest opportunity.
13.7.6 The Chair, as ethics executive, will ensure that any conflict of interest matters are dealt with in accordance with the Public Service of Ontario Act, 2006.
Bias and apprehension of bias
13.7.8 Bias is a lack of neutrality or impartiality on the part of a decision-maker regarding an issue to be decided. A biased decision-maker is one who is predisposed to making a decision on the basis of considerations extraneous to the information provided. A party’s claim of bias on the part of a decision-maker may form the grounds for an application for judicial review on the basis that the party’s rights to natural justice have been infringed.
13.7.9 An apprehension of bias by a reasonable observer is as detrimental to the process as actual bias. Members should therefore not only be unbiased, but appear to be so.
13.7.10 In any question of bias, members should notify the Chair at the earliest opportunity.
13.7.11 It is the responsibility of the Chair or his or her delegate to advise how best to address the situation. The Chair will provide the member with a recommendation based on the facts and information related to the situation on how to proceed, i.e. on whether the member should or should not participate in the hearing.
14. Acknowledgement
14.1 Each member must adhere to this Code of Conduct and commit to supporting standards set out in applicable legislation, policies or guidelines. The interpretation and enforcement of the rules are matters within the authority of the Chair. It is recognized that failure to comply may result in the Chair recommending against reappointment or revocation of appointment.
14.2 Members shall review and affirm their commitment to and compliance with the Commission’s Code of Conduct upon initial appointment and at every amendment of the Code of Conduct.
14.3 Members will sign the Undertaking for Members of the Building Code Commission, which indicates that they have read and that they understand the Code of Conduct and agree to conduct themselves accordingly.
Memorandum of understanding
1. Preamble
- Provincial agencies deliver important and valued services to the people of Ontario. In delivering these public services, provincial agencies are accountable to the government through the responsible minister.
- Provincial agencies must use public resources efficiently and effectively to carry out their mandates, as established by their respective constituting instruments and in alignment with the key priorities of the provincial government. Their operations are guided by the key principles of the Agencies and Appointments Directive (AAD).
- The parties to this MOU acknowledge that the agency is part of government and is required to comply with legislation, government directives, policies and guidelines applicable to them. Further, the agency may be required to ensure that their directives and policies adhere to certain government directives, policies and guidelines, including those for human resources, while being mindful of collective agreement and bargaining obligations.
2. Purpose
- The purpose of this memorandum of understanding (MOU) is to:- Establish the accountability relationships between the Minister of Municipal Affairs and Housing and the Chair of the Building Code Commission and clarify the roles and responsibilities of the minister, the chair and the deputy minister.
- Establish the expectations for the operational, administrative, financial, staffing, auditing and reporting arrangements between the Building Code Commission and the Ministry of Municipal Affairs and Housing that support the accountability requirements within a framework, which recognizes that the provincial agency makes independent adjudicative decisions.
 
- This MOU should be read together with the Building Code Act, 1992. This MOU does not affect, modify or limit the powers of the agency as set out under the Building Code Act, 1992 or interfere with the responsibilities of any of its parties as established by law. In case of a conflict between this MOU and any act or regulation, the act or regulation prevails.
- This MOU replaces the memorandum of understanding between the parties dated February 27, 2024.
3. Definitions
In this MOU:
- “AAD” means the Agencies and Appointments Directive, issued by Management Board of Cabinet;
- “Act” means Building Code Act, 1992.
- “Agency” or “provincial agency” means the Building Code Commission (the “BCC”);
- “Annual Report” means the annual report described under article 10.2 of this MOU.
- “Applicable Government Directives” means the government directives, policies, standards and guidelines that apply to the adjudicative tribunal;
- “Artificial intelligence system” means a machine-based system that, for explicit or implicit objectives, makes inferences, from the input it receives, in order to generate outputs such as predictions, content, recommendations or decisions that can influence physical or virtual environments;
- “ATAGAA” means the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, S.O. 2009, c. 33, Sched. 5 that applies to adjudicative tribunals prescribed under Ontario Regulation 126/10;
- “Business Plan” means the business plan referred to in article 10.1 of this MOU;
- “CAO” means the chief administrative officer and assistant deputy minister, of the Ministry of Municipal Affairs and Housing;
- “Chair” means the Chair of the Building Code Commission;
- “Constituting instrument” means the Building Code Act, 1992 that established the agency;
- “Consultant” means a person or entity that under an agreement, other than an employment agreement, provides expert or strategic advice and related services for consideration and decision-making;
- “Deputy minister” means the Deputy Minister of the Ministry of Municipal Affairs and Housing;
- “Designated Executive” means designated executive defined in the Broader Public Sector Executive Compensation Act, 2014, S.O. 2014;
- “Executive Council Act” means the Executive Council Act, R.S.O. 1990, c. E. 25, as amended;
- “FIPPA” means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended.
- “Fiscal Year” means the period from April 1 to March 31;
- “Government” means the Government of Ontario;
- “MBC” means the Management Board of Cabinet;
- “Member” means an individual appointed to the agency by the Lieutenant Governor in Council, but does not mean an individual employed or appointed by the agency as staff;
- “Minister” means the Minister of Municipal Affairs and Housing or such other person who may be designated from time to time as the responsible minister in relation to this MOU in accordance with the Executive Council Act, R.S.O. 1990, c.E.25, as amended;
- “Minister of Finance” means the Minister of Finance or such other person who may be designated from time to time under the Executive Council Act;
- “Ministry” means the Ministry of Municipal Affairs and Housing or any successor to the ministry;
- “MOU” means this memorandum of understanding signed by the minister and the chair;
- “OPS” means the Ontario Public Service;
- “Other acts” mean Accessibility for Ontarians with Disabilities Act, 2005, Archives and Recordkeeping Act, 2006, Auditor General Act, French Language Services Act and Statutory Powers Procedure Act;
- “President of the Treasury Board” means the President of the Treasury Board or such other person who may be designated from time to time under the Executive Council Act;
- “PSC” means the Public Service Commission;
- “PSOA” means the Public Service of Ontario Act, 2006, S.O. 2006, c. 35, Sched. A, as amended;
- “TBS” means the Treasury Board Secretariat;
- “TB/MBC” means the Treasury Board/Management Board of Cabinet;
- “Vice-chair” means a Vice-Chair of the Building Code Commission;
Agency’s legal authority and mandate
- The legal authority of the Building Code Commission is set out in sections 23 and 24 of the Building Code Act, 1992.
- The provincial agency is an independent, adjudicative tribunal issuing decisions based upon the evidence presented and submissions made to it by the parties and upon its interpretation and determination of the relevant legislation and jurisprudence. Because of the functions that it performs and the interests at stake and also because the Crown may appear as parties before it, independence is required of the agency. Independence as used herein refers to the independence of the agency and its members in rendering adjudicative decisions.
- The provincial agency’s mandate is set out in the section 23 and 24 of the Building Code Act, 1992, which states the mandate of the Building Code Commission is to resolve the following disputes:- between an applicant for a permit, a holder of a permit or a person to whom an order has been given and the chief building official, registered code agency or an inspector concerning the sufficiency of compliance with the technical requirements of the Building Code;
- between an applicant for a permit and the chief building official concerning whether the official complied with subsection 8(2.2) or (2.3) of the Building Code Act, 1992, or;
- between the holder of a permit and the chief building official, a registered code agency or an inspector concerning whether the requirements of subsection 10.2(2) of the Building Code Act, 1992 have been met.
 
- In exercising its role, the agency seeks to encourage harmonious relations between building permit holders, applicants for building permits and building officials by dealing with matters before it in a fair, impartial and expeditious manner.
4. Agency type, function and public body status
- The provincial agency is designated as an adjudicative tribunal, a non-board-governed provincial agency under the Agencies and Appointments Directive (AAD).
- The provincial agency is prescribed as a public body and a Commission public body in accordance with Ontario Regulation 146/10 under the PSOA.
5. Corporate status and crown agency status
- The provincial agency is a Crown agency within the meaning of the Crown Agency Act.
- The provincial agency does not have the capacity, rights, power and privileges of a natural person for carrying out its objects, subject to the limitations placed upon it under the Building Code Act, 1992.
6. Guiding principles
- Accountability: Provincial agencies deliver public services and are accountable to the government through the responsible minister. In delivering on their mandate, provincial agencies balance operational flexibility with the minister’s accountability for the provincial agency to Cabinet, the Legislative Assembly and the people of Ontario. Accountability of the minister for each provincial agency cannot be delegated. - Every provincial agency complies with all applicable legislation and Ontario Public Service (OPS) directives and policies. Further, agencies ensure that their directives and policies adhere to certain government directives, policies and guidelines, including those for human resources, while being mindful of collective agreement and bargaining obligations. This includes applicable legislation and directives related to procurement. 
- Responsiveness: Provincial agencies align their mandate and operations with government priorities and direction. Open and consistent communication between provincial agencies and their responsible ministry helps ensure that government priorities and direction are clearly understood and helps to manage risks or issues as they arise. Provincial agencies deliver a high standard of public service that meets the needs of the population that they serve.
- Efficiency: Provincial agencies use public resources efficiently and effectively to carry out their mandates, as established by their respective constituting instruments. They operate in a cost-effective manner and pursue efficiencies throughout the agency’s service delivery and administration.
- Sustainability: Provincial agencies operate in a way so that their current form is sustainable over the long-term while delivering a high standard of service to the public.
- Transparency: Good governance and accountability practices for provincial agencies are complemented by transparency in the form of public posting of governance and accountability documents including the business plan, annual report, MOU and expenses information.
- Impartial decision-making is the paramount requirement.
7. Accountability relationships
7.1 Minister
The minister is accountable:
- To Cabinet and the Legislative Assembly for the agency’s fulfilment of its mandate and its compliance with government policies and for reporting to the Legislative Assembly on the agency’s affairs.
- For reporting and responding to Treasury Board/Management Board of Cabinet on the agency’s performance and compliance with government’s applicable direction, including directives and operational policies.
- To the Cabinet for the performance of the agency and its compliance with the government’s operational policies and broad policy directions.
7.2 Chair
The chair is accountable:
- To the minister for the provincial agency’s performance in fulfilling its mandate and for carrying out the roles and responsibilities assigned to the chair by the agency's constituting instrument and other applicable legislation, this MOU and applicable government directives and policies.
- For reporting to the minister, as requested, on the provincial agency’s activities.
- For ensuring timely communications with the minister regarding any issue that affects or can reasonably be expected to affect, the minister’s responsibilities for the agency.
- To the minister to confirm the agency’s compliance with legislation, government directives and applicable accounting, financial and I&IT policies.
7.3 Deputy minister
The deputy minister reports to the Secretary of the Cabinet and is responsible for supporting the minister in the effective oversight of provincial agencies. The deputy minister is accountable for the performance of the ministry in providing administrative and organizational support to the provincial agency and for carrying out the roles and responsibilities assigned by the minister, the Building Code Act, 1992, this MOU and applicable government directives and policies.
The deputy minister is also accountable for attesting to TB/MBC on the agency’s compliance with applicable directives to the best of their knowledge and ability.
8. Roles and responsibilities
8.1 Minister
The minister is responsible for:
- Reporting and responding to the Legislative Assembly on the affairs of the agency.
- Reporting and responding to TB/MBC on the agency’s performance and compliance with applicable directives, the government’s operational policies and policy directions.
- Meeting with the chair at least quarterly on: emerging issues and opportunities; agency/cluster high risks and action plans including direction on corrective action, as required; and agency/cluster business plan and capital priorities.- As a best practice, meetings are to be quarterly. The minister may delegate some of the meetings to an associate minister or parliamentary assistant. The minister should meet with the chair at least twice per year.
- If the minister deems the agency to be low-risk, the minister may reduce the number of meetings to twice a year, instead of quarterly.
 
- Working with the chair to develop appropriate measures and mechanisms related to the performance of the agency.
- Reviewing the advice or recommendation of the chair on candidates for appointment or re- appointment to the provincial agency.
- Making recommendations to Cabinet and the Lieutenant Governor in Council for appointments and reappointments to the agency, pursuant to the process for agency appointments established by legislation and/or by MBC through the AAD, after consulting with and receiving the recommendation of the chair/executive chair.
- Determining at any time the need for a review or audit of the agency, directing the chair to undertake reviews or audits of the agency on a periodic basis and recommending to TB/MBC any change to the governance or administration of the agency resulting from any such review or audit.
- Directing a review of the agency, at least once every 6 years and directing any additional reviews of the agency, in accordance with the ATAGAA and the AAD and making recommendations to TB/MBC as may be required after such reviews are completed.
- Signing the MOU into effect after it has been signed by the chair.
- Receiving the agency’s annual business plan and approving or providing suggested changes to the plan no later than 30 calendar days from receiving it.
- Ensuring that the agency’s business plan is made available to the public no later than 30 calendar days from approving it.
- Receiving the agency’s annual report and approving the report no later than 60 calendar days of the ministry’s receipt of the report from the agency.
- Ensuring the annual report is tabled no later than 30 calendar days from approval and then made available to the public.
- Recommending to TB/MBC any provincial funding to be allocated to the agency.
- When appropriate or necessary, taking action or directing that the agency take corrective action with respect to the agency’s administration or operations.
- Consulting, as appropriate, with the chair (and others) on significant new directions or when the government is considering regulatory or legislative changes for the agency.
- Recommending to TB/MBC the application of the OPS Procurement Directive.
- Recommending to TB/MBC, where required, the merger, any change to the mandate or dissolution of the agency.
- Recommending to TB/MBC the powers to be given to or revoked from, the agency when a change to the agency’s mandate is being proposed.
8.2 Chair
The chair is responsible for:
- Providing strategic leadership to the agency by setting the goals, objectives, processes and strategic directions for the agency within its mandate, as defined by the agency’s constituting instrument.
- Directing the affairs of the agency so as to fulfill its mandate as defined by the agency’s constituting instrument.
- Ensuring compliance with legislative and TB/MBC policy obligations.
- Reporting to the minister as requested on the agency’s activities within agreed upon timelines, including an annual letter confirming the agency’s compliance with all applicable legislation, directives and accounting, financial and I&IT policies.
- Meeting with the minister at least quarterly on: emerging issues and opportunities; agency/cluster high risks and action plans including direction on corrective action, as required; and agency/cluster business plan and capital priorities.- As a best practice, meetings are to be quarterly. The minister may delegate some of the meetings to an associate minister or parliamentary assistant. The minister should meet with the chair at least twice per year.
- If the minister deems the agency to be low-risk, the minister may reduce the number of meetings to twice a year, instead of quarterly.
 
- Ensuring timely communications with the minister regarding any issues or events that may concern or can reasonably be expected to concern the minister in the exercise of their responsibilities relating to the agency.
- Working with the minister to develop appropriate measures and mechanisms related to the performance of the agency.
- Utilizing the agency/cluster’s skills matrix to advise the minister of any competency skills gaps and provide recommendations for recruitment strategies, appointments or re-appointments as needed, including advising the minister on appointee attendance and performance.
- Cooperating with any review or audit of the agency.
- Requesting an external audit of the financial transactions or management controls of the agency, at the agency’s expense, if required.
- Advising the minister and deputy minister, annually at minimum, on any outstanding audit recommendations/issues.
- Sharing all audit engagement reports (including those prepared by their own internal audit function and/or those reported to the agency’s chair) with their respective minister and deputy minister (and when requested, with the President of the Treasury Board).
- Seeking strategic policy direction for the agency from the minister.
- Ensuring the implementation of actions that support the goals, objectives and strategic direction of the agency and otherwise directing the affairs of the agency so as to fulfill its mandate.
- Seeking strategic policy direction for the agency from the minister.
- Developing a performance measurement system for the provincial agency, including targets, for assessing the agency’s performance.
- Monitoring and evaluating the performance of the provincial agency, including the performance of Vice-chairs and members.
- Identifying the required skills, experience and capacity required for the provincial agency to meet its mandate.
- Working with the ministry to oversee the recruitment of members and providing recommendations to the minister on appointments and reappointments, as applicable, pursuant to the process for appointment to adjudicative tribunals established by the ATAGAA and by MBC through the AAD.
- Preparing the agency’s annual report for submission to the minister/ministry within 90 calendar days after the provincial agency’s fiscal year-end.
- Making decisions consistent with the business plan approved for the agency.
- Signing the provincial agency’s MOU.
- Submitting the provincial agency’s business plan, budget, annual report and financial reports to the minister in accordance with the timelines specified in the applicable government directives and this MOU.
- Ensuring that the agency operates within its approved budget allocation in fulfilling its mandate and that public funds are used for the purpose intended with integrity and honesty.
- Consulting with the minister in advance regarding any activity which may have an impact on the government and ministry’s policies, directives or procedures or on the agency’s mandate, powers or responsibilities as set out in the agency’s constituting instrument.
- Reviewing and approving claims for per diems and travel expenses for members.
- Ensuring appropriate management systems are in place (financial, information technology (including cyber security), human resources, procurement and records management) for the effective administration of the provincial agency.
- Establishing and implementing artificial intelligence (AI) risk management in alignment with the principles of the Responsible Use of AI Directive and requirements in section 6.3, ensuring that they fulfill the role outlined for “Provincial Agency Heads or Equivalent” in the Responsible Use of AI Directive.
- Ensuring that there is a timely, effective and efficient caseload management system to resolve disputes.
- Directing that corrective action be taken relating to the provincial agency’s operations, if needed.
- Making sure that an appropriate framework is in place for appointees to receive adequate orientation and training with respect to the business and operations of the agency and their particular responsibilities.
- Making sure that provincial agency staff and appointees are aware of and comply with applicable government directives and all applicable legislation.
- Making sure a process for responding to and resolving complaints from the public and the provincial agency’s clients is in place.
- Carrying out effective public communications and stakeholder relations for the provincial agency as required by the Communications Protocol.
- Acknowledging the importance of promoting an equitable, inclusive, accessible, anti-racist and diverse workplace within the agency and supporting a diverse and inclusive workplace within the agency.
- Ensuring that members are informed of their responsibilities under the PSOA with regard to the rules of ethical conduct, including the political activity rules.
- Fulfilling the role of ethics executive for public servants who are government appointees to the provincial agency, promoting ethical conduct and ensuring that all members of the agency are familiar with the ethical requirements of the PSOA and the regulations and the directives made under that act, including in respect of conflict of interest, political activity and the protected disclosure of wrongdoing.
8.3 Deputy minister
Deputy minister responsibilities may be fulfilled by a delegate approved by the Secretary of Cabinet.
The deputy minister is responsible for:
- Advising and assisting the minister regarding the minister’s oversight responsibilities for the provincial agency, including informing the minister of policy direction, policies and priorities of relevance to the provincial agency’s mandate.
- Advising the minister on the requirements of the AAD, ensuring governance and accountability documents accurately adhere to the requirements of the AAD and other directives that apply to the provincial agency.
- Attesting to TB/MBC on the provincial agency’s compliance with the mandatory accountability requirements set out in the AAD and other applicable directives, the government’s operational policies and policy directions based on the annual letter of compliance from the agency chair to the minister to the best of their knowledge and ability.
- Reporting/responding, within prescribed timelines, to TBS on compliance tracking.
- Ensuring that the executive director or equivalent is aware of the administrative requirements of government and is compliant with them.
- Informing the executive director or equivalent, in writing, of new government directives and any exceptions to or exemptions in whole or in part from directives, government policies or ministry administrative policies.
- Ensuring regular briefings and consultations between the chair and the minister at least quarterly and between the ministry staff and the provincial agency staff as needed.
- Providing supporting and background information for the minister’s quarterly meetings with the chair.
- Supporting the minister in reviewing the performance targets, measures and results of the agency.
- Signing the agency’s MOU, acknowledging their responsibilities.
- Undertaking reviews of the agency as may be directed by the minister.
- Cooperating with any review of the agency as directed by the minister or TB/MBC.
- Ensuring the review of and assessing the agency’s business plans and other reports.
- Requesting information and data as needed to fulfill obligations under the AAD.
- Monitoring the agency on behalf of the minister while respecting the agency’s authority, identifying needs for corrective action where warranted and recommending to the minister ways of resolving any issues that might arise from time to time.
- Providing regular feedback to the minister on the performance of the agency.
- Supporting ministers and minister’s offices in monitoring and tracking upcoming and existing vacancies on boards, particularly where there is a legislated minimum number of members and to maintain quorum.
- Recommending to the minister, as may be necessary, the evaluation or review, including a risk-based review, of the Building Code Commission or any of its programs or changes to the management framework or operations of the Building Code Commission.
- Ensuring that the ministry and the provincial agency have the capacity and systems in place for on-going risk-based management, including appropriate oversight of the agency.
- Ensuring that the provincial agency has an appropriate risk management framework and a risk management plan in place for managing risks that the agency may encounter in meeting its program or service delivery objectives.
- Undertaking timely risk-based reviews of the provincial agency, its management or operations, as may be directed by the minister or TB/MBC.
- Submitting to the minister, as part of the annual planning process, a risk assessment and management plan for each risk category.
- Consulting with the provincial agency’s chair, as needed, on matters of mutual importance including services provided by the ministry and compliance with directives and ministry policies.
- Arranging for administrative, financial and other support to the provincial agency, as specified in this MOU.
9. Ethical framework
- The members of the provincial agency who are appointed by the Lieutenant Governor in Council are subject to the conflict of interest provisions of the AAD and the conflict of interest provisions of the PSOA and its regulations.
- Members shall not use any information gained as a result of their appointment to or membership on the agency for personal gain or benefit. A member who has reasonable grounds to believe that they have a conflict of interest in a matter before the agency or a committee of the agency, shall disclose the nature of the conflict to the chair at the first opportunity and shall refrain from further participation in the consideration of the matter. The chair shall cause to be recorded in the minutes of the meeting of the agency any declared conflicts of interest.
- The chair, as the ethics executive for the provincial agency, is responsible for ensuring that appointees of the agency are informed of the ethical rules to which they are subject, including the rules on conflict of interest, political activity and protected disclosure of wrongdoing that apply to the agency.
- The chair will ensure that an ethics plan is developed for the provincial agency and that the ethics plan be approved by the Conflict of Interest Commissioner.
10. Reporting requirements
10.1 Business plan
- The chair will ensure that the minister is provided annually with the provincial agency’s business plan covering a minimum of 3 years from the upcoming fiscal year, unless otherwise specified by TB/MBC, for approval by the minister. The annual business plan shall be in accordance with the requirements set out in the AAD and the ATAGAA, including any related regulations.
- The draft annual business plan is to be submitted to the ministry’s chief administrative officer or designated equivalent no later than 90 calendar days prior to the beginning of the provincial agency’s fiscal year- start and the chair-approved business plan is to be submitted to the minister for approval no later than 30 calendar days prior to the beginning of the provincial agency’s fiscal year.
- The chair is responsible for ensuring that the provincial agency’s business plan includes a system of performance measures and reporting on the achievement of the objectives set out in the business plan. The system must include performance goals, how they will be achieved and targeted results and timeframes.
- The chair will ensure that the business plan includes a summary of HR impacts, including: current number of employees expressed as full-time equivalents and current number of executives.
- The chair will ensure that the business plan includes a risk assessment and risk management plan. This will assist the ministry in developing its risk assessment and risk management plan information in accordance with the requirements of the AAD to assess risks, develop and maintain necessary records and report to TB/MBC.
- The chair will ensure that the business plan includes an inventory of the provincial agency’s artificial intelligence (AI) use cases in accordance with requirements of the Responsible Use of AI Directive.
- The chair will ensure that publicly posted business plans do not disclose: personal information, sensitive employment and labour relations information, solicitor-client privileged information, Cabinet confidential information, trade secrets, information that would prejudice the financial or commercial interests of the agency in the marketplace and information that would otherwise pose a risk to the security of the facilities and/or operations of the agency. If necessary, this confidential information, included in the minister-approved business plan, may be redacted in the publicly posted version.
- The minister will review the provincial agency’s annual business plan and will promptly advise the chair whether or not they concur with the directions proposed by the agency. The minister may advise the chair where and in what manner the agency’s plan varies from government or ministry policy or priorities as may be required and the chair will revise the agency’s plan accordingly. Business plans are only to be considered valid once the responsible minister has approved the plan and the approval has been expressed in writing.
- The minister will approve or provide suggested changes to the business plan no later than 30 calendar days from the minister’s receipt of the report. In certain circumstances, minister approval may be given to only certain portions of a business plan as submitted by an agency.
- The parties acknowledge that TB/MBC may require the minister to submit the provincial agency’s business plan to TB/MBC for review at any time.
- The chair will ensure that the minister approved business plan is made available to the public in an accessible format (to comply with the Accessibility for Ontarians with Disabilities Act, 2005), in both official languages (to comply with the French Language Services Act), on the provincial government’s website no later than 30 calendar days from minister’s approval of the plan.
10.2 Annual Reports
- The chair will ensure that the ministry is provided annually with the agency’s annual report. The annual report shall be in accordance with the requirements set out in the AAD.
- The chair is responsible for ensuring that the provincial agency’s annual report is prepared and submitted to the ministry for approval within 90 calendar days after the agency’s fiscal year-end.
- The chair, through the registrar or equivalent, will ensure that the annual report is prepared in the format specified in the AAD.
- The chair will ensure that the annual report includes a summary of HR impacts, including: number of employees expressed as full-time equivalents and number of executives.
- The chair will ensure that publicly posted annual reports do not disclose: personal information, sensitive employment and labour relations information, solicitor-client privileged information, Cabinet confidential information, trade secrets, information that would prejudice the financial or commercial interests of the provincial agency in the marketplace and information that would otherwise pose a risk to the security of the facilities and or operations of the provincial agency.
- The minister will receive and review the provincial agency’s annual report to confirm compliance with AAD requirements and will approve the report no later than 60 calendar days from the day of receipt.
- The minister will table the report in the Legislative Assembly no later than 30 calendar days from approval.
- The chair, through the registrar or equivalent, will ensure that the minister approved annual report is publicly posted in an accessible format (to comply with the Accessibility for Ontarians with Disabilities Act, 2005), in both official languages (to comply with the French Language Services Act), on the provincial government’s website after the report has been tabled in the Legislature and no later than 30 calendar days from minister’s approval of the report.
- When distributing annual reports, digital formats and channels for distribution must be used unless otherwise required (e.g. by directive, legislation).
10.3 Human resources and compensation
- The agency will provide workforce, compensation and operational data as set out in the AAD Operational Policy.
- The agency will report on HR and compensation policies in its business plans and annual reports, in accordance with the requirements of the AAD, AAD Operational Policy and articles 10.1 and 10.2 of this MOU.
- The agency will provide any other additional workforce, compensation and operational data as requested by TBS.
10.4 Other reports
The chair is responsible for:
- Ensuring that all required reports and documents, including those set out in the AAD and the agency’s constituting instrument, are submitted for review and approval by the minister in accordance with the prescribed timelines.
- Supplying specific data and other information, at the request of the minister or the deputy minister, that may be required from time-to-time, subject to any restrictions which may interfere or conflict with the integrity of adjudicative, assessment, decision-making or investigative process or natural justice rights of the parties.
11. Public posting requirements
- The provincial agency, through the chair, will ensure that the following approved governance documents are posted in an accessible format (to comply with the Accessibility for Ontarians with Disabilities Act, 2005), in both official languages (to comply with to the French Language Services Act), on the [provincial agency/ministry] website no later than the specified timelines:- Memorandum of understanding – 30 calendar days of signing by all parties
- Annual business plan – 30 calendar days of minister’s approval
- Annual report – 30 calendar days of minister’s approval (the report must first be tabled in the Legislature)
 
- Posted governance documents should not disclose: personal information, sensitive employment and labour relations information, solicitor-client privileged information, Cabinet confidential information, trade secrets, information that would prejudice the financial or commercial interests of the provincial agency in the marketplace and information that would otherwise pose a risk to the security of the facilities and/or operations of the provincial agency.
- The provincial agency, through the chair, will ensure that the expense information for appointees and senior management staff are posted on the agency or ministry website, in accordance with the requirements of the Travel, Meal and Hospitality Expenses Directive.
- The provincial agency, through the chair, will ensure that any other applicable public posting requirements are met.
12. Communications and issues management
The parties to this MOU recognize that the timely exchange of information on the plans, strategies, operations and administration of the provincial agency is essential for the minister to meet their responsibilities for reporting and responding to the Legislative Assembly on the affairs of the agency. The parties also recognize that it is essential for the chair to be kept informed of government initiatives and broad policy directions that may affect the provincial agency’s mandate and functions.
The minister and the chair, therefore, agree that:
- “Communications” shall not include discussion or exchanging of information between provincial agency personnel and the minister, deputy minister or ministry staff about specific cases that have been, are or will be the subject of adjudicative or regulatory decision- making by the provincial agency.
- Inquiries received by the minister’s office regarding a case in progress at the provincial agency must be re-directed to the provincial agency without comment. Any response made by the minister’s office to the inquiring party will indicate that the inquiry has been forwarded to the provincial agency and that the minister cannot comment on an adjudicative proceeding, assessment, decision, investigation or resolution.
- The chair will consult with the minister, in a timely manner, of all planned announcements, events or issues, including contentious matters, that concern or can be reasonably expected to concern the minister in the exercise of their responsibilities.
- The minister will advise the chair in a timely manner, as appropriate, on broad government policy initiatives or legislation being considered by the government that may impact on the provincial agency’s mandate or functions or which otherwise will have a significant impact on the agency.
- The minister will advise the chair and the chair will consult with the minister on public communication strategies and publications. They will keep each other informed of the results of stakeholder and other public consultations and discussions as they relate to the agency’s mandate and functions.
- The minister and the chair will meet at least quarterly on: emerging issues and opportunities; agency/cluster high risks and action plans including direction on corrective action, as required; and agency/cluster business plan and capital priorities.- As a best practice, meetings are to be quarterly. The minister may delegate some of the meetings to an associate minister or parliamentary assistant. The minister should meet with the chair at least twice per year.
- If the minister deems the agency to be low-risk, the minister may reduce the number of meetings to twice a year, instead of quarterly.
 
- The agency and ministry will comply with the Public Communications Protocol set out in Appendix 1 to this MOU for ongoing issues management, public communications and paid advertising.
13. Administrative arrangements
13.1 Applicable government directives
- The chair is responsible for ensuring that the agency operates in accordance with all applicable government directives and policies. This includes, but is not limited to, the list of directives and policies found on the InsideOPS Directives and Policies page.
- The ministry will inform the agency of amendments or additions to legislation, government directives, policies and guidelines that apply to the provincial agency; however, the provincial agency is responsible for complying with all legislation, government directives, policies and guidelines to which it is subject. Information on corporate direction is available on the InsideOPS Directives and Policies page.
- Procurement: - The OPS Procurement Directive applies in full. 
13.2 Administrative and organizational support services (as applicable)
- All agencies are part of government and are required to comply with legislation, government directives, policies and guidelines applicable to them. Further, agencies may be required to ensure that their directives and policies adhere to certain government directives, policies and guidelines, including those for human resources, while being mindful of collective agreement and bargaining obligations.
- Subject to statutory requirements and applicable government directives, the Agency may establish its own administrative, financial, procurement, human resources and operational policies and guidelines, exercising sound business acumen and operational flexibility.
- The deputy minister is responsible for providing the provincial agency with the administrative and organizational support services listed in Appendix 2 to this MOU and for negotiating with Ontario Shared Services concerning these services, as appropriate.
- Appendix 2 may be reviewed at any time at the request of either party.
- The deputy minister will ensure that the support or services provided to the provincial agency are of the same quality as those provided to the ministry’s own divisions and branches.
13.3 Agreements with third parties
Procurement required to support the programs and services of the provincial agency will be done in a clear manner, consistent with applicable policies and directive, including but not limited to, the MBC Procurement Directive.
13.4 Legal services
The Attorney General has a statutory responsibility to advise the government on matters of law.
The provision of all civil legal advice and services to ministries and specified agencies has been assigned to the Ministry of the Attorney General (MAG). Legal services are provided in accordance with the MAG’s “Operating Policy on Acquiring and Using Legal Services”. This policy provides that legal work done on behalf of the government by ministries and specified agencies must be performed by government legal counsel or, in certain specific cases, by private sector lawyers whose retentions have been approved by MAG. The retention of a private sector lawyer may be approved where, for example, a conflict of interest would result if MAG counsel were to provide legal services to the ministry or specified agency. More information about the retention of legal services is available from ministry legal directors.
Outside legal services will be acquired in accordance with the MAG Operating Policy on Acquiring and Using Legal Services.
13.5 Creation, Collection, Maintenance and Disposition of Records
- The chair is responsible for ensuring that a system is in place for the creation, collection, maintenance and disposal of records.
- The chair is responsible for ensuring that the provincial agency complies with all government legislation, directives and policies related to information and records management.
- The registrar or equivalent and the chair shall protect the legal, fiscal and other interests of the provincial agency by implementing reasonable measures to ensure the ongoing viability, integrity, preservation and security of all official records created, commissioned or acquired by the agency. This includes, but is not limited to, all electronic records, such as emails, information posted on the agency’s website, database data sets and all records stored on personal computers and shared drives.
- The chair is responsible for ensuring measures are implemented requiring the provincial agency’s employees to create full, accurate and reliable records that document and support significant business transactions, decisions, events, policies and programs.
- The chair is responsible for ensuring that the provincial agency complies with the TB/MBC Management and Use of Information and Information Technology (I&IT) Directive, in conjunction with the Corporate Policy on Recordkeeping, as applicable. - The Ministry of Public and Business Service Delivery and Procurement Corporate Policy on Recordkeeping applies to all advisory and adjudicative agencies and to any other provincial agency that is subject, by memorandum of understanding or an appendix thereto, to the Management Board of Cabinet Management and Use of Information & Information Technology (I&IT) Directive. - The Archives and Recordkeeping Act, 2006, S.O. 2006, Chapter 34, Schedule A applies to agencies that are prescribed as public bodies in Ontario Regulation 336/07. Add if applicable: 
- The chair is responsible for ensuring that the provincial agency complies with the Archives and Recordkeeping Act, 2006, S.O. 2006, Chapter 34, Schedule A.
13.6 Cyber security
- Agencies are responsible and accountable for the ownership and management of cyber security risks and related impacts within their organization.
- Agencies must ensure adequate systems, protocols and procedures are established and maintained to ensure cyber resilience, recovery and maturity.
- An agency’s cyber security practices and protocols should be regularly reviewed and updated to address new and emerging cyber security threats.
- Agencies should align with any applicable policies and standards issued by the OPS, such as the Government of Ontario Information Technology Standards (GO-ITS) 25.0 and any other relevant GO-ITS standards, Corporate Policy on Information Sensitivity Classification, Corporate Policy on Cyber Security and Cyber Risk Management, Governance and Management of Information and Data Assets Directive, Governance and Management of Information Technology Directive.
13.7 Intellectual property
- The chair is responsible for ensuring that the legal, financial and other interests of the government in intellectual property are protected in any contract that the provincial agency may enter with a third party that involves the creation of intellectual property.
13.8 Freedom of information and protection of privacy
For a provincial agency with access to personal health information, address the implications of the Personal Health Information and Protection Act in the MOU.
- The chair and the minister acknowledge that the provincial agency is bound to follow the requirements set out in the Freedom of Information and Protection of Privacy Act (FIPPA) in relation to the collection, retention, security, use, distribution, disclosure, access and correction and disposal of records.
- The minister is designated as the institution head in Ontario Regulation 460 under the FIPPA for the purposes of the FIPPA.
- The chair is responsible for ensuring that the ministry is notified of any significant or contentious information requests under the FIPPA.
13.9 Service standards
- The provincial agency shall establish customer service and quality standards that are consistent with the appropriate standards of the government, the ministry and the Ontario Public Service.
- The chair will ensure that the provincial agency delivers its services at a quality standard that reflects the principles and requirements of the OPS Service Directive.
- The chair will ensure that the agency designs, delivers and implements its digital services, whether internally built or procured, to reflect the principles and requirements outlined in the Digital and Data Directive, including Ontario’s Digital Service Standard.
- The provincial agency has a formal process for responding to complaints about the quality of services received by clients of the agency consistent with the government’s service quality standards. The provincial agency’s process for responding to complaints about the quality of services is separate from any statute provisions about re-consideration, appeals, etc. of the agency’s adjudicative decisions.
- The agency’s annual business plan will include performance measures and targets for client service and the agency’s response to complaints.
13.10 Diversity and inclusion
- The provincial agency, through the chair, acknowledges the importance of promoting an equitable, inclusive, accessible, anti-racist and diverse workplace within the agency.
- The chair will support a diverse and inclusive workplace within the agency by:- Developing and encouraging diversity and inclusion initiatives to promote an inclusive environment free of workplace discrimination and harassment; and
- Adopting an inclusive process to ensure all voices are heard.
 
- The chair is responsible for ensuring that the agency operates in accordance with the Human Rights Code, Accessibility for Ontarians with Disabilities Act, 2005, French Language Services Act and Pay Equity Act.
14. Financial arrangements
14.1 General
- All financial procedures for the provincial agency shall be in accordance with applicable government directives, ministry and corporate financial and administrative policies and procedures.
- When ordered to do so by the Minister of Finance and/or the President of the Treasury Board, pursuant to Section 16.4 of the Financial Administration Act, the provincial agency shall pay into the Consolidated Revenue Fund any money that the Minister of Finance and/or the President of the Treasury Board determines is surplus to its requirements.
- Pursuant to Section 28 of the Financial Administration Act, the provincial agency shall not enter into any financial arrangement or commitment, guarantee, indemnity or similar transaction that may increase, directly or indirectly, the indebtedness or contingent liabilities of the Government without the approval of the Minister of Finance and/or the President of the Treasury Board. The minister’s approval is required before seeking statutory approval from the Minister of Finance or President of the Treasury Board.
- The provincial agency’s approved operating and capital allocations may be adjusted in a given year if in-year fiscal constraints are ordered by Cabinet or the minister. The agency will be provided with notice of changes to its allocation as soon as is reasonably possible. Where the provincial agency must reallocate resources as a result of its operating and/or capital allocations being adjusted, the provincial agency shall inform and discuss the changes with the ministry before making such changes.
- The agency will report to TBS when it has sought external advice on matters where:- the effectiveness of the advice depends on a particular accounting treatment or presentation in the financial statements;
- the outcome or consequences of the advice has or will have a material effect on the financial statements; and
- where there could be reasonable doubt as to the appropriateness of the related accounting treatment or presentation under the relevant financial reporting framework.
 
14.2 Funding
- The provincial agency is funded by the Government of Ontario, out of the Consolidated Revenue Fund (CRF) pursuant to an appropriation authorized by the Legislative Assembly and is subject to adjustments made by the minister, TB/MBC or the Legislative Assembly.
- The chair will prepare estimates of the provincial agency’s expenditures for inclusion in the ministry’s business plan for presentation to the Legislative Assembly. The chair will deliver these estimates to the minister in sufficient time to be analyzed and approved by the minister.
- The estimates provided by the chair may, after appropriate consultation with the chair, be altered as required. The parties acknowledge that TB/MBC has final decision-making authority.
- Financial procedures of the provincial agency must be in accordance with TB/MBC and Ministry of Finance directives and guidelines and other applicable government direction.
14.3 Financial reports
Where a provincial agency is consolidated in the provincial finances, the chair shall provide, on instruction from the President of the Treasury Board and/or Minister of Finance, the provincial agency’s financial information for consolidation into the Public Accounts.
Where other financial reports are required (e.g. monthly operating reports, quarterly reports), these should be specified in the MOU.
- The chair will provide to the minister annual financial statement and will include them as part of the provincial agency’s annual report. The statements will be provided in accordance with instructions issued by the Office of the Provincial Controller Division.
- The provincial agency will submit its salary information to the ministry, in accordance with the Public Sector Salary Disclosure Act, 1996.
14.4 Taxation status: harmonized sales tax (HST)
Article 14.4 must remain in the agency’s MOU. Ministries must contact the Sales Tax Unit in the Ministry of Finance for assistance with adding new agencies to Schedule “A” of the Canada-Ontario Reciprocal Taxation Agreement (RTA). This contact should happen as soon as possible after the Agency is created. Adding new agencies to this Schedule allows them to fully recover HST paid or payable by them by claiming HST government rebates. Agencies or their responsible ministries can reach out to the Ministry of Finance’s Legal Services Branch or Tax Policy Division.
Collection/Remittance of HST
- The agency is responsible for complying with its obligations as a supplier under the federal Excise Tax Act to collect and remit HST in respect of any taxable supplies made by it.
Payment of HST
- The agency is responsible for paying HST where applicable, in accordance with the Excise Tax Act (Canada).
- The agency is listed on Schedule A of the Canada-Ontario Reciprocal Taxation Agreement and may claim HST Government Rebates in respect of any HST paid or payable by the agency, subject to any restrictions specified by Finance Canada.
- The agency will not claim an HST Government Rebate in respect of HST paid or payable by it for which it has claimed a refund, input tax credit or other rebate under the Excise Tax Act (Canada).
- The agency is responsible for providing the Ministry of Finance and/or the Canada Revenue Agency, upon request, with any information necessary to determine the amount of an HST Government Rebate.
- The agency is responsible for informing the Ministry of Finance within 30 days if its name is changed, it merges with another agency, its mandate or major activities are significantly changed, it undergoes a significant reorganization or change to its legal structure and if it ceases operations or is dissolved.
14.5 Realty
- The chair is responsible for ensuring that the agency operates in accordance with the MBC Realty Directive.
- Appendix B of the Realty Directive sets out the Mandatory Office Space Standards and Office Space Planning Practices that must be complied with when acquiring space for accommodation and program purposes.
- The chair recognizes that all lease agreements for provincial agencies without realty authority are under the administration and control of the Minister of Infrastructure.
- The agency will align hybrid work policies with the OPS and identify and assess office optimization opportunities to reduce office realty footprint and find cost reductions.
15. Audit and review arrangements
15.1 Audits
- The Building Code Commission is subject to periodic review and value-for-money audit by the Auditor General of Ontario under the Auditor General Act or by the Ontario Internal Audit Division of Treasury Board Secretariat.
- A provincial agency can request and/or must accept the provision of internal audit services by the Ontario Internal Audit Division in accordance with the Internal Audit Directive.
- Regardless of any previous or annual external audit, the minister or the chair may direct that the agency be audited at any time. The results of such audit should be shared by the chair to the minister in accordance with article 8.2.
- A provincial agency will share all engagement reports (including those pre-pared by their own internal audit function and/or those reported to the agency’s chair) with their respective minister and deputy minister (and when requested, with the President of the Treasury Board). The provincial agency will advise the respective minister and deputy minister annually, at a minimum, on any outstanding recommendations/issues.
- A provincial agency will share its approved audit plan with their respective minister and deputy minister, (and when requested, with the President of the Treasury Board) to support understanding of agency risks.
- The chair may request an external audit of the financial transactions or the management controls of the provincial agency, at the agency’s expense.
15.2 Other reviews
- The Building Code Commission is subject to periodic review initiated at the discretion and direction of TB/MBC or the minister. The review may cover such matters relating to the provincial agency that are determined by TB/MBC or the minister and may include the mandate, powers, governance structure and/or operations of the provincial agency, including finance, human resources/labour relations and agency processes.
- In requiring a periodic review, the minister or TB/MBC shall determine the timing and responsibility for conducting the review, the roles of the chair and the minister and how any other parties are involved.
- A mandate review of the provincial agency will be conducted at least once every 6 years. The next review will be completed by 2028–2029.
- The minister will direct of the provincial agency at least once every 6 years in accordance with subsections 21(1) and (2) of the ATAGAA. This review may be structured in such a way that it also fulfills the obligation for a mandate review.
- The minister will consult the chair as appropriate during any such review.
- The chair will cooperate in any review.
- In the event of a review initiated at the direction of the minister, the minister shall submit any recommendations for change that are developed from the results of the review regarding the provincial agency to TB/MBC for consideration.
16. Staffing and appointments
16.1 Delegation of human resources management authority
- Where the PSC has delegated its powers, duties and functions in relation to human resources management to the deputy minister, chair or prescribed individual under Ontario Regulation 148/10, that person is accountable for exercising that authority in compliance with any relevant legislation, directives or policies in accordance with the mandate of the provincial agency and within the parameters of the delegated authority.
16.2 Staffing requirements
- The ministry will provide the provincial agency with administrative services and program analysis as required through the Building and Development Branch sufficient to ensure the efficient and effective administration of the provincial agency.
- The Building and Development Branch will develop job descriptions for the staff providing administrative services to the provincial agency [in consultation with the chair].
- The specific administrative support services to be provided by the ministry to the provincial agency are identified in Appendix 2 to this MOU.
- The ministry is responsible for providing administrative support to the operation of the provincial agency, including the preparation of cheques and maintenance of financial records.
- Ministry employees are assigned to the provincial agency as and when required.
16.3 Designated executives
The agency shall provide total compensation to its designated executives in accordance with the legislation, directives, policies and guidelines applicable to them.
16.4 Appointments
- The chair is appointed by the Lieutenant Governor in Council on the recommendation of the minister pursuant to section 23 (2) of the Building Code Act, 1992, a chair and 1 or more vice-chairs of the provincial agency may appointed by the Lieutenant Governor in Council on the recommendation of the minister pursuant to section 23(2) of the Building Code Act, 1992.
- The members of the provincial agency are appointed by the Lieutenant Governor in Council on the recommendation of the minister pursuant to section 23(1) of the Building Code Act, 1992.
- Members and vice-chairs are selected for appointment through a competitive, merit-based process that assesses candidates based on experience, knowledge or training in the subject matter and legal issues deal with by the tribunal; aptitude for impartial adjudication; and aptitude for applying alternative adjudicative practices and procedures that may be set out in the tribunal’s rules.
- The chair must utilize the agency’s skills matrix and recruitment strategy in advising the minister of any competency skills gaps and providing any recommendations for appointments or re-appointments, including advising the minister on appointee attendance and performance.
- Pursuant to subsection 14(4) of the ATAGAA, no person shall be appointed or reappointed unless the chair, after being consulted as to their assessment of the person’s qualifications under the ATAGAA and, in the case of reappointment, of the member’s performance of their duties on the tribunal, recommends that the person be appointed or reappointed.
16.5 Remuneration
- Remuneration is set by the Treasury Board/Management Board of Cabinet.
- The provincial agency’s full-time and part-time appointees will be remunerated pursuant to rates identified in Schedule B of the AAD.
- Provincial agencies, including members, must comply with the Travel, Meal and Hospitality Expenses Directive issued by MBC. Legitimate authorized expenses incurred during the course of government business shall be reimbursed. Expenses for members under the Directive are subject to requirements for public disclosure of expense information.
17. Risk management, liability protection and insurance
17.1 Risk management
Ministers and ministries are accountable for working with their provincial agencies to ensure effective management of risks. The ministry and agency will meet to discuss agency high risks and action plans including direction on corrective action.
The chair is responsible for ensuring that a risk management strategy is developed and in place for the provincial agency, in accordance with the AAD and the OPS Enterprise Risk Management Directive and Risk Management process.
The provincial agency shall ensure that the risks it faces are addressed in an appropriate manner.
17.1.1 Artificial intelligence risk management
The chair is responsible for ensuring that artificial intelligence (AI) risk management is undertaken in alignment with the principles and requirements of the Responsible Use of AI Directive.
- The agency shall implement AI risk management in alignment with the requirements outlined in Section 6.3 of the Responsible Use of Artificial Intelligence Directive.- The agency shall ensure the management of technology risks in a documented and appropriate manner.
- The agency will identify threats and risks, assess their potential impact, severity and likelihood and document the risks and actions taken to address them.
 
- The agency shall ensure that a business process exists for accountable executives to document their ongoing efforts to treat (resolve, mitigate or accept) risks throughout the technology lifecycle.
- The agency shall publish a list of AI use cases as part of the Business Plan.
- The agency shall track and report quarterly on IT threats and technology risks and vulnerabilities and associated risk treatment efforts. This includes reporting on AI use cases and associated risk management.
- The agency shall ensure that IT systems can meet the confidentiality, integrity and availability requirements of all information and that systems can adequately safeguard or dispose of information according to its sensitivity level.
17.2 Liability protection and insurance.
- The Building Code Commission and the members of the Building Code Commission are covered under the Province’s Protection Program for coverage associated with third party liability, property damage, personal damage, personal injury (libel, slander) and advertising injury.
18. Compliance and corrective actions
- Open and consistent communication between provincial agencies and their responsible ministry helps ensure that government priorities and direction are clearly understood and helps to manage risks or issues as they arise.
- Situations may arise through the course of monitoring where corrective action is required. Corrective action refers to the steps taken to remedy non-compliance with this directive. Corrective action supports agencies in delivering on desired outputs and/or outcomes and meeting the terms and conditions established by this directive.
- If a ministry initiates corrective action, it must be progressive in nature and in proportion to the risk associated with the degree of non-compliance. The degree of corrective action should only be increased if the agency’s non-compliance continues. It is important that ministries document all action and provide timely and clear communication to the agency chair or senior executives relating to potential corrective actions. This may include letters of direction by the accountable minister and/or the President of the Treasury Board as required.
- Before engaging in more severe corrective actions, ministries must consult with TBS and legal counsel.
19. Effective date, duration and review of the MOU
- This MOU becomes effective on the date it is signed by the minister as the last party to execute it (“Original Effective Date”) and continues in effect until it is revoked or replaced by a subsequent MOU signed by the parties.
- A copy of this signed MOU and any successor MOU must be provided to the Secretary, Treasury Board/Management Board of Cabinet, no later than 7 calendar days from being signed.
- Upon a change in minister, deputy minister or chair of the provincial agency, the newly appointed individual must review and sign this MOU no later than 4 months from the new appointment.
- Subject to any further written agreements or updates, the parties agree that this MOU entered into between them will satisfy the requirements of section 11 of the ATAGAA.
Appendix 1: Public communications protocol
- Purpose - The communications protocol sets out a framework for the ministry and the provincial agency to collaborate on public communications opportunities led by the agency and to set out a process for handling specific case/hearing related inquiries received by the minister’s office and the ministry. - The communications protocol applies to both the provincial agency’s implementation of its legislated mandate and the promotion of the work it does. It will also support the minister’s accountability to the Legislative Assembly and to Cabinet for the same. 
- Definitions- “Public communications” means any material that is communicated to the public, either directly or through the media in:- Oral form, such as a speech or public presentation or interview to be broadcast
- Printed form, such as a hard copy report
- Electronic form, such as a posting to a website
- Paid advertising, such as digital or print campaign.
 
- A “contentious issue” is a matter that is or may reasonably be expected to be, of concern to the Legislative Assembly or the public or is likely to result in inquiries being directed to the minister or government. Contentious issues may be raised by:- Members of the Legislative Assembly
- The public
- Media
- Stakeholders
- Service delivery partners.
 
 
- “Public communications” means any material that is communicated to the public, either directly or through the media in:
- The provincial agency will comply with the TB/MBC Visual Identity Directive.
- The ministry and the provincial agency will appoint persons to serve as public communications “leads”.
- The ministry lead is the [Director of Communications or designate]
- The agency lead is the [registrar or equivalent or head of communications/public affairs].
- For the purpose of this protocol, public communications are divided into 3 categories:- Media responses or communications products related to the routine business of the provincial agency and its programs that do not have direct implications for either the ministry or the government.- Media responses, news releases or other communications products are to be shared with the ministry lead on an appropriate and timely cadence (i.e., daily) who will circulate as appropriate to other individuals within the ministry.
- Note: Funding related announcement are not considered routine business and must be escalated to category B. Contentious issues must be escalated to category C.
 
- Communications products and/or plans where provincial or ministerial messaging on government priorities would enhance the provincial agency’s or the government’s profile or would provide opportunities for local government announcements.- For all non-contentious items that might generate media interest, the provincial agency lead will notify the ministry lead of upcoming communications plans and products a minimum of 3 business weeks in advance.
- For non-contentious items which provide government messaging opportunities or involve funding announcements, the agency must request approval of communications products 7 business days prior to the date required.
- Final approval is required from the minister’s office and will be sought via the ministry lead. If the provincial agency were not to receive comments or approval from the minister’s office or ministry lead within 48 hours of the date on which the item is to be issued, the agency should escalate a follow-up, noting that they will proceed accordingly.
- Non-contentious media responses are to be shared with the ministry lead on an appropriate and timely cadence (i.e., daily) who will circulate as appropriate to other individuals within the ministry. Contentious media responses follow the process below.
 
- Contentious issues, media responses and news releases that may have direct implications for either the ministry or the government or are likely to result in inquiries being directed to the minister or government.- The provincial agency lead will notify the ministry lead immediately upon becoming aware of the issue and will notify the minister’s office simultaneously. The ministry lead may also advise the agency of contentious issues that require attention. The provincial agency will provide all required background information on the issue to the ministry lead, who will arrange to have a contentious issues note prepared.
- The provincial agency must obtain ministry approval prior to issuing media responses or news releases in this category. The provincial agency lead will provide the media response or news releases to the ministry lead who will initiate the approval process within the ministry.
- Final approval on media responses and news releases in this category is required from the minister’s office.
 
 
- Media responses or communications products related to the routine business of the provincial agency and its programs that do not have direct implications for either the ministry or the government.
- Advertising- To deliver on the long-range demands of planning advertising, the agency will provide the ministry with its annual marketing plan 3 months in advance of its start date (on the agency’s fiscal year).
- Agency to share campaign briefs with the ministry a minimum of 2 weeks in advance of briefing creative/media (agency) partners. Ministry to ensure alignment on campaign objectives and messaging.
- Advertising materials and campaigns can be reviewed by the ministry’s Minister’s Office.
- Final messaging and creative to be shared with the ministry at least 2 weeks before going live.
 
- For the purpose of handling specific case/hearing related inquiries:- Parties who contact a minister’s office or the ministry with an inquiry, issue or complaint concerning a specific case or hearing before the provincial agency will be referred to the registrar or equivalent.
- Any party with a matter previously referred to the provincial agency requesting to discuss a specific case/hearing with the minister’s office or with ministry staff shall be referred to the registrar or equivalent. The registrar or equivalent will ensure that an appropriate response is communicated to the party. The response will advise the party of the independent nature of the provincial agency’s relationship with the ministry and the minister.
- Requests for information pursuant to the Freedom of Information and Protection of Privacy Act (FIPPA) received by the minister’s office or the ministry will be referred to the registrar or equivalent who will determine an appropriate response to each request in consultation with the chair.
- The ministry will ensure that all enquiries referred by the minister’s office are addressed in a manner that is consistent with the FIPPA.
- The agency will ensure that all inquiries referred by the minister’s office via the ministry are addressed in a manner which is consistent with the FIPPA.
 
Appendix 2: Administrative or Organizational Support Services
An additional heading of “Program Administration” should be added where the provincial agency’s administrative functions (such as scheduling, bookings, records management and client liaison) are handled entirely by ministry staff rather than by agency staff. This heading could also cover administrative management by the registrar or equivalent, which includes staff supervision and training, case management and systems development and analysis.
The deputy minister is responsible for ensuring that the ministry and Enterprise Financial Services Division provides the following administrative support services to the provincial agency:
- Financial administration: pay and benefits administration, accounts payable and technical advice, purchasing, central mail and printing services and records and forms advisory services
- Human resource services: classification, advice and consultation regarding recruitment procedures and staff relations, job description writing, career counselling and staff development and advice and consultation regarding corporate initiatives such as occupational health and safety
- Corporate educational opportunities and career planning services are available and open to agency staff; the ministry must assist the registrar or equivalent in ensuring that these are communicated effectively to agency staff
- Information technology and telecommunications services: advice, consultation and support
- Internal audit: financial compliance, management, human resource and information systems audits, operational reviews and special investigations as required
- Legal services
- Accommodation: facilities planning and relocation services, including AODA compliance and lease renewals
- Freedom of information and protection of privacy program services
- French language services translation and interpretation services
- Business planning
- Performance measurement and program evaluation
- Communications and marketing.
Expenses
Information on the travel, meal and accommodation expenses incurred and claimed by Building Code Commission (BCC) appointees on a quarterly basis.
Related links
Building Code Commission process and procedures handbook