Building Code Commission

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:

• check the Canadian Legal Information Institutes database (CanLII)
• email us

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:

1. 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.
2. 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)
3. 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, 12^th 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:

1. 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.
2. Persons interested in seeking appointment to the Commission must apply through the Public Appointments Secretariat website.
3. 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.
4. 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.
5. 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
12^th Floor, 777 Bay Street
Toronto, Ontario
M7A 2J3
416-585-6645

Coordinator, Building Innovation
Ministry of Municipal Affairs and Housing
12^th Floor, 777 Bay Street
Toronto, Ontario
M7A 2J3
416-585-6503

Director, Building Services Transformation Branch
Ministry of Municipal Affairs and Housing
12^th Floor, 777 Bay Street
Toronto, Ontario
M7A 2J3
416-585-6656

Chair, Building Code Commission
c/o Ministry of Municipal Affairs and Housing
12^th Floor, 777 Bay Street
Toronto, Ontario
M7A 2J3
416-585-6503

Minister of Municipal Affairs and Housing
17 Floor, 777 Bay Street
Toronto, Ontario
M7A 2J3
416-585-7000

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
12^th Floor, 777 Bay Street
Toronto, Ontario
M7A  2J3
Telephone: 416-585-6645

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

(Between the Minister of Municipal affairs and Housing and the Building Code Commission)

1.00 Introduction

1.01 Definitions

In this MOU:

1. “Act” means the Building Code Act, 1992;
2. “AAD” means the TB/MBC Agencies and Appointments Directive;
3. “BCC” means the Building Code Commission;
4. “Chair” means the Chair of the BCC;
5. “Deputy Minister” means the Deputy Minister of Municipal Affairs and Housing;
6. “FIPPA” means the Freedom of Information and Protection of Privacy Act, 1990;
7. “MBC” means Management Board of Cabinet;
8. “Minister” means the Minister of Municipal Affairs and Housing;
9. “Ministry” means the Ministry of Municipal Affairs and Housing;
10. “MOU” means this Memorandum of Understanding;
11. “PSOA” means Public Service of Ontario Act, 2006; and
12. “TB” means Treasury Board.

1.02 Purpose of memorandum of understanding

1. The purpose of this MOU is to clarify the mandate of the BCC and the accountability relationship between the Minister and the BCC, with respect to:
   1. The respective roles of the Minister, the Deputy Minister, the BCC and the Chair of the BCC;
   2. Operational, financial, staffing and administrative arrangements;
   3. Business and financial planning, and associated reporting requirements;
   4. Audit requirements and arrangements;
   5. Applicability of legislation, directives, policies and guidelines;
   6. Creation, collection, maintenance and disposal of records; and
   7. Agency status.
2. This MOU and the legislation governing the BCC must be used in conjunction to determine how the BCC should govern itself. This MOU does not affect, modify, limit or interfere with the responsibilities of any of its parties under law. In the event of any conflict between this MOU and any law, the law prevails.

1.03 Agency’s legislative authority and mandate

1. The legislative authority of the BCC is set out in sections 23 and 24 of the Act.
2. The mandate of the BCC is to resolve the following disputes:
   1. 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;
   2. 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 Act, or;
   3. 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 Act have been met.

1.04 Duration, expiry, renewal and affirmation of agreement

1. This MOU becomes effective on the date of its signature by the parties.
2. This MOU replaces the MOU dated March 29, 2011, and shall be in effect for five years from the date of this MOU.
3. If a new Minister or Chair is appointed, the Minister and the Chair must affirm within six (6) months of their appointment, by letter to the Secretary of MBC that the MOU shall continue in force without a review or alternatively they may agree to amend the MOU.
4. A full review of this MOU will be conducted prior to its expiry not more than five years following the date it came into effect, or immediately in the event of a change to the BCC’s mandate, power or governance structure as a result of a change to the Act.
5. This MOU replaces the MOU dated March 29, 2011, and shall be in effect for five years from the date of this MOU.

1.05 Agency classification and status

1. The BCC is classified as an Adjudicative Agency under the AAD.
2. The BCC is designated as a “public body” and a “Commission public body” under the PSOA.
3. The BCC is liable to pay HST.

2. Guiding principles

2.01 General

The parties agree to the following principles:

1. The Minister acknowledges that the BCC is a statutory entity which exercises powers and performs duties in accordance with its mandate under the Act. The BCC’s adjudicative decisions must be made, and be seen by the public to be made, independently and impartially.
2. The Minister acknowledges that the BCC operates at arm’s length from the Government of Ontario.
3. The Chair and the BCC acknowledge that accountability is a fundamental principle to be observed in the management, administration and operations of the BCC.
4. The Chair and the BCC acknowledge that they are accountable to the government through the Minister. The BCC acknowledges that accountability to the government means accountability to the Minister through the Chair.
5. As an Agency of government, the BCC conducts itself according to the 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.
6. The BCC and the Ministry agree to avoid duplication of services wherever possible.

2.02 Consultation and Communications

The parties recognize that the timely exchange of information and consultation on the operations and administration of the BCC is essential to success for the Minister to meet his or her responsibilities for reporting and responding to the Legislative Assembly on the affairs of the BCC. The parties also recognize that it is essential for the Chair to be kept informed of the government initiatives and broad policy directions that may affect the BCC’s mandate and functions. The parties therefore agree as follows:

1. The Chair will keep the Minister advised of planned events and issues that concern, or can reasonably be expected to concern, the Minister in the exercise of his or her responsibilities;
2. The Minister will consult with the Chair, as appropriate on broad government policy initiatives or legislation being considered by the government that may impact on the BCC’s mandate or functions;
3. The Minister and the Chair will meet on an as needed basis to discuss issues relating to the fulfillment of the BCC’s mandate; and
4. The Deputy Minister and the Chair will meet on an as needed basis to discuss issues relating to the efficient operations of the BCC and the provision of services by the Ministry to the BCC.

3. The accountability relationship

3.01 General

The accountability of the parties is as follows:

1. The Minister is accountable to the Legislature for the BCC’s fulfilment of its mandate, its compliance with government policies and for reporting to the Legislature on the BCC’s affairs.
2. The Minister is accountable to the Cabinet for the performance of the BCC and its compliance with government’s operational policies and broad policy directions.
3. The Minister is responsible for representing the BCC in the Cabinet and its committees, the Legislative Assembly and before committees of the Legislature.
4. The Chair is accountable to the Minister for the performance of the BCC in fulfilling its mandate and for carrying out the roles and responsibilities assigned to the Chair by the Act, this MOU, and the applicable TB/MBC and Ministry of Finance directives, policies and guidelines listed in Schedule “3” to this MOU.
5. The Deputy Minister is accountable to the Minister for the performance of the Ministry in providing administrative support (including staffing and funding) to the BCC and for carrying out the roles and responsibilities assigned to him or her by the Minister, by TB/MBC directives, the applicable legislation and this MOU.

4. Roles and responsibilities

4.01 Role of the minister

The Minister shall, as applicable:

1. monitor the activities of the BCC to ensure that its mandate is being fulfilled and that it is in compliance with government policies;
2. review, approve and present the estimates/recommended annual allocation for the BCC as part of the Ministry’s Business Plan;
3. maintain communications with the BCC with respect to both relevant government policies and expectations of BCC members;
4. ensure that proposed changes to the governing legislation/regulation are accompanied by a recommendation on the continued need for the BCC’s services and the appropriateness of its mandate;
5. recommend appointments and reappointments in a timely manner and with due regard to transitional matters pursuant to the process for Agency appointments established by legislation or by MBC;
6. receive the BCC’s annual report and table it in the Legislative Assembly;
7. review and approve the BCC’s business plan;
8. submit the BCC’s business plan to the TB/MBC for review, as required;
9. report and respond to the Legislature and Committees of the Legislature on the affairs of the BCC;
10. report and respond to Cabinet on the BCC’s performance and compliance with the government’s operational policies and broad policy directions;
11. develop, sign and maintain a current MOU between the Minister and the BCC;
12. recommend the BCC’s MOU to TB/MBC for approval before it is signed by the parties;
13. direct that a periodic review of the BCC be conducted and make subsequent recommendations to TB/MBC;
14. sign and submit to the Secretary of MBC an annual attestation indicating that the BCC is in compliance with the AAD and provide documentation demonstrating compliance; and
15. The Minister is the institution head of the BCC for the purposes of FIPPA.

4.02 Role of the chair

The Chair shall, as applicable:

1. keep 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;
2. provide leadership to the BCC;
3. direct the affairs of the BCC within its mandate as defined by the Act and the approved business plan;
4. develop and maintain a current MOU between the Minister and the BCC, and sign on behalf of the BCC;
5. review and approve the BCC’s business plan and annual report and submit them to the Minister with the content and within the timelines established by the AAD;
6. ensure that the BCC carries out the responsibilities assigned to it or its Chair under the Act;
7. ensure that the members of the BCC are informed of their responsibilities under the rules of ethical conduct, including political activity, that govern the BCC;
8. perform the duties of ethics executive for the BCC, and ensure that any conflict of interest matters are dealt with in accordance with the PSOA;
9. ensure that members of the BCC are informed of the conflict of interest rules and are aware that they must declare any conflict of interest at the earliest opportunity; and record a declaration of conflict of interest, and, where appropriate, notify the Minister of the nature of the conflict;
10. ensure that a process is in place for responding to and resolving complaints from the public and BCC clients;
11. ensure that BCC members are aware of and comply with applicable TB/MBC and Ministry of Finance directives listed in Schedule “3” to this MOU;
12. keep the Minister informed of upcoming appointment vacancies and provide recommendations for appointments and/or reappointments to the BCC;
13. ensure 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;
14. attend and/or make presentations before Cabinet or committees of Cabinet or the Legislature on matters concerning the affairs of the BCC, when requested to do so; and
15. ensure the development of an effective performance measurement and management system for assessing the BCC’s performance.

4.03 Role of the deputy minister

The Deputy Minister shall, as applicable:

1. advise the Minister and the BCC on the requirements of TB/MBC and Ministry of Finance directives affecting BCC;
2. advise the Minister on the operation of the BCC or its transfer, consolidation or elimination;
3. advise the Minister on meeting assigned ministerial responsibility with respect to the BCC;
4. undertake and cooperate with any review of the BCC directed by the Minister or TB/MBC;
5. monitor BCC on behalf of the Minister, to assess whether or not the BCC is fulfilling its legislative mandate in concert with approved government policies; and identify any need for corrective action and recommend ways to resolve any issues that are identified;
6. provide a framework for assessing whether the BCC is fulfilling its mandate and whether its business planning and goals are developed in concert with approved government policies;
7. assist in the development and maintenance of a current MOU between the Minister and the BCC, as directed by the Minister;
8. ensure that the Ministry is providing the administrative support, financial and other services as set out in this MOU and in Schedule “1” appended thereto;
9. meet with the Chair, as needed or as directed by the Minister;
10. consult with the Chair, as required, on matters of mutual importance to the BCC and the Ministry, such as the services provided by the Ministry to the BCC, Ministry policies, and TB/MBC directives;
11. inform the BCC of the policies of the Ministry and government that apply to the BCC, including financial, administrative, human resources, and Ministry policies, including policies in respect of French language services, freedom of information, workplace harassment and equal opportunity policies; and
12. attest to the TB/MBC as required to the BCC’s compliance with the mandatory accountability requirements set out in the AAD.

4.04 Delegation

1. The Deputy Minister may, in accordance with the PSOA and applicable government directives, delegate any of the powers and duties assigned to him or her by law.

4.05 Periodic reviews

1. The BCC may be subject to periodic reviews at the discretion and direction of TB/MBC or the Minister. The reviews may cover such Agency matters as are determined by TB/MBC or the Minister, and may include the mandate, powers, governance structure and/or operations of the BCC.
2. The Minister will consult the Chair as appropriate during such reviews.
3. The Chair and the BCC will co-operate in any review.

5. Business plan and performance measurement

5.01 Business plans and annual reports

1. The Chair shall prepare a business plan including a risk management plan and an annual report containing the content specified in the AAD, and provide these plans to the Minister, who shall submit them to TB/MBC.
2. The Deputy Minister will ensure that the BCC is furnished with the Ministry’s annual report and business and strategic plans.
3. The Chair of the BCC shall ensure that the BCC implements a system of performance measures and reporting, and that the system includes commitments to attaining specific performance goals through specific steps within specified time frames.
4. The Deputy Minister shall assist the BCC in the development and implementation of its system of performance measures as needed.
5. Results from the Performance Measures Plan will be reported and reviewed by all of the parties annually, and the BCC shall, by June 30 during the second and subsequent years of the term of this Agreement, provide to the Minister a Performance Measures Report which reports on the performance measures achieved by the Agency during the previous year, and explains significant variances between actual and planned results or performance targets.

6. Administrative support

6.01 General

1.  The BCC receives all of its services from Ministry employees as set out in Schedule “1” to this MOU.
2. The Deputy Minister is responsible for providing the BCC with the administrative support services listed in Schedule “1” to this MOU.
3. Schedule “1” may be reviewed at any time at the request of either party.
4. The Deputy Minister shall ensure that the support or services provided to the BCC are of the same quality as those provided to the Ministry’s own divisions and branches.
5. The Chair will ensure that the BCC operates in accordance with all applicable TB/MBC and the Ministry of Finance directives (including the AAD and the Broader Public Sector Procurement Directive), unless specifically exempted, as well as applicable Ministry financial and administrative policies and procedures.

7. Financial arrangements

7.01 Financial arrangements

1. The BCC is funded out of the Consolidated Revenue Fund pursuant to an appropriation authorized by the Legislature, unless otherwise provided.
2. Recovered costs and other revenues, if any, are paid, as received, to the Consolidated Revenue Fund and may not be applied to administrative expenditures of the BCC unless otherwise provided by law.
3. Financial arrangements are subject to amendment by such revenue policy directives as the TB/MBC may issue, and financial arrangements may also be changed by amendment to the BCC’s constituting instrument.
4. Financial procedures of the BCC will comply with the relevant TB/MBC and Ministry of Finance directives and guidelines, and with the government’s financial and administrative policies and procedures.
5. Responsibility for the maintenance of documentation and information to support expenditures is assigned to the Policy/Program Analyst of the BCC as outlined in the Ministry’s accounting policy and procedures.

8. Audit arrangments

8.01 Audit arrangements

1. The BCC 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.
2. The Ontario Internal Audit Division may carry out an internal audit, if approved to do so by the Ministry’s Audit Committee or by the Corporate Audit Committee.
3. Regardless of any annual external audit, the Minister may direct that the BCC be audited.
4. The BCC will promptly provide a copy of every report from an audit to the Minister and the Minister of Finance. The BCC will also provide a copy of its response to the audit report and any recommendations therein. The BCC will advise the Minister annually on any outstanding audit recommendations.
5. The Chair may request an external audit of the financial transactions or management controls of the BCC at the BCC’s expense.

9. Administrative arrangements

9.01 General

1. The Chair and the BCC will develop procedures and will operate the BCC in accordance with all administrative policies established and specified in TB/MBC directives as referred to in Schedule “3” of this MOU.
2. The full range of financial and administrative support services to be provided by the Ministry to the BCC is outlined in Schedule “1” to this MOU.
3. The Chair will, at the request of the Minister or the Deputy Minister, supply specific data and other information which may be required from time to time for the purposes of Ministry administration.

9.02 Legal services

1. Legal services to the BCC are provided by the Ministry of the Attorney General in accordance with Schedule “1” of this MOU.
2. Legal services are to be provided in accordance with the Ministry of the Attorney General’s Corporate Operating Policy on Acquiring and Using Legal Services.

10. Staffing and appointments

10.01 General

The BCC is also governed by:

1. the policies and procedures of the Public Service Commission;
2. the human resources policies and procedures of the Ministry;
3. the corporate financial and administrative policies and procedures of the Ministry;
4. applicable collective agreement provisions; and
5. any other applicable legislation or regulations.

10.02 Appointments

1. The Chair is designated as chair of the BCC by the Lieutenant Governor in Council pursuant to section 23(2) of the Act, and under this section one or more members of the BCC may also be designated Vice-Chairs of the Agency.
2. Where the Act expressly permits the delegation of particular functions or responsibilities, the Chair may delegate such functions or responsibilities to members of the BCC as he or she considers appropriate.
3. The members of the BCC are appointed by the Lieutenant Governor in Council pursuant to section 23(1) of the Act.

11. Immunity and insurance

11.01 Immunity

1. Section 31 of the Act provides that no proceeding shall be commenced against the members of the BCC for any act done in good faith in the execution or intended execution of any power or duty under the Act or for any alleged neglect or default in the execution in good faith of that power or duty.

11.02 Insurance

1. The BCC and the members of the BCC 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.

The Honourable Paul Calandra
Minister of Municipal Affairs and Housing

Stephen Wong
Chair, Building Code Commission

Schedule “1”

Administrative and other support services provided to the building code commission by the deputy minister of municipal affairs and housing

Part one

The Deputy Minister shall ensure that the Ministry provides the following administrative and other support services to the BCC in accordance with Ministry policies and procedures:

1. Financial services

1. Maintain budgetary control over the BCC’s appropriation ensuring the availability of funds for payment of expenditures.
2. Maintain the expenditure record of the BCC.
3. Validate, pay and record all BCC expenditures (vendor invoices, travel and expense claims, inter-ministry transfers).
4. Provide all necessary information regarding the BCC to complete each fiscal year’s Public Accounts.

2. Facilities and office services

1. Provide central purchasing function, in-house printing, mail and messenger, records and forms management, accommodation and telecommunication services in a manner and to the standard of service now provided to the Ministry.

3. Information technology services

1. Provide information technology services in a manner and to the standard of service now provided to the Ministry.

4. Technical advice

1. Provide technical background information as may be agreed upon from time to time between the BCC and the Ministry.
2. Conduct operations reviews, at the request of the BCC, to evaluate the adequacy of management practices and control with due regard to economy, efficiency and effectiveness of operations.
3. Provide other professional advice and services as required.

5. Operations review and audit services

1. Conduct financial audits in order to report on:
   1. adequacy of financial and administrative controls;
   2. compliance with Acts, policies and procedures; and
   3. adequacy of controls over purchases, procurement and accounts payable system.
2. Conduct operations reviews, at the request of the BCC, to evaluate the adequacy of management practices and control with due regard to economy, efficiency and effectiveness of operations.
3. Provide other professional advice and services as required.

6. Communications and information services

1. Provide staff services on an as needed basis.

7. French language services

1. Provide advice and management concerning Ministry and government policies and procedures regarding the implementation of French language services.
2. Provide other professional advice and services as required.

8. General administrative services

1. Provide general administrative and corporate services including:
   1.  preparation of BCC agendas;
   2.  distribution of BCC material;
   3.  making meeting arangements including booking of boardrooms, catering, etc;
   4.  taking of minutes and other recording requirements, and the distribution thereof;
   5.  making arrangements for special attendances and/or conferences;
   6. establishing and maintaining a system for the retention of BCC documents and for making such documents available to the public as required by FIPPA and the Archives and Recordkeeping Act, 2006;
   7.  administration of expense claims; and
   8.  administration of per diem compensation.
2. Forward BCC decisions to the appropriate parties.
3. Advise the Chair and the BCC with respect to administration policies and procedures of the Ministry, TB or the MBC.
4. Advise the Chair, TB/MBC and the BCC as to appropriate BCC or Committee structure or strategic plans as may be appropriate.
5. Advise the BCC on the conduct of meetings, appropriate resolution form, and parliamentary procedure.
6. Advise the Chair and the BCC on issues arising out of the administration of agencies, including advising on such items as memoranda of understanding, sunset reviews and other constituting documentation.

9. Legal services

1. Monitor, on behalf of the BCC, legal issues and trends as they affect the BCC, and provide advice accordingly.
2. Draft and review legal documents as required.
3. Provide general legal services as required.

10. Freedom of information services

1. Provide advice, consultation and information to the BCC concerning Ministry and Government policies and procedures regarding FIPPA.
2. Provide training, workshops and seminars to the BCC relating to access and privacy as requested.
3. Provide advice, consultation and co-ordination to the BCC regarding access requests including approvals by the Deputy Minister and appeals and will write and send out all notices to all parties.
4. Coordinate internal privacy audit for the BCC.
5. Compile statistics on access requests and write quarterly and annual statistical reports required by TB or MBC or the Information and Privacy Commissioner.
6. Coordinate, compile, write and distribute Directory of General and Directory of Personal Information entries as required by FIPPA.

Part two

MMAH Divisions providing the above services are:

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

Schedule "2"

Statutes of particular application

The following statutes of particular application apply to the BCC:

• The Building Code Act,1992
• Accessibility for Ontarians with Disabilities Act, 2005
• Archives and Recordkeeping Act, 2006
• Freedom of Information and Protection of Privacy Act, 1990
• French Language Services Act, 1990
• Public Service of Ontario Act, 2006
• Statutory Powers Procedure Act, 1990

Schedule “3”

Applicable directives, policies and guidelines

TB, MBC and Ministry of Finance directives, policies, and guidelines apply to the BCC, including, but not limited to, the following: 

General

• Accountability Directive
• Advertising Content Directive
• Agencies and Appointments Directive
• Government Publications Directive
• Information and Information Technology (I&IT) Directive
• OPS Procurement Directive

Financial

• Business Planning & Allocations Directive
• Capital Expenditure Evaluation Directive
• Cash Management Directive
• Delegation of Financial Management Authority Policy
• Expenditure Management Directive
• General Expenses Directive
• Indemnification Directive
• Non-Tax Revenue Directive
• Broader Public Sector Procurement Directive
• Transfer Payment Financial Management Policy
• Travel, Meal and Hospitality Expenses Directive

Expenses

Information on the travel, meal and hospitality expenses incurred and claimed by the BCC’s appointees are reported here quarterly.

• No expenses were incurred in Q4 (January 1, 2021 to March 31, 2021)
• No expenses were incurred in Q1 (April 1, 2021 to June 30, 2021)
• No expenses were incurred in Q2 (July 1, 2021 to September 30, 2021)
• No expenses were incurred in Q3 (October 1, 2021 to December 31, 2021)
• No expenses were incurred in Q4 (January 1, 2022 to March 31, 2022)
• No expenses were incurred in Q1 (April 1, 2022 to June 30, 2022)
• No expenses were incurred in Q2 (July 1, 2022 to September 30, 2022)
• No expenses were incurred in Q3 (October 1, 2022 to December 31, 2022)
• No expenses were incurred in Q4 (January 1, 2023 to March 31, 2023)