Building Code Commission business plan 2025–2028
Find out how we plan to deliver fair and effective dispute resolution for Ontario’s building sector.
Mandate of the Building Code Commission
The Building Code Commission (the “Commission”) is an adjudicative agency whose legislative authority is set out in sections 23 and 24 of the Building Code Act, 1992.
The Commission has a mandate to resolve disputes between proponents of construction projects and enforcement officials. The Building Code Act, 1992, sets out three types of disputes that can be heard by the Building Code Commission: those relating to the sufficiency of compliance with the technical requirements of the Building Code; those related to compliance with the prescribed time frames for permit processing; and those related to compliance with the prescribed time frames for site inspections. The Commission’s adjudicative decisions are made independently from the Ministry and the Government of Ontario.
In exercising its mandate, the Commission receives all of its staffing and financial resources from the Building and Development Branch of the Ministry of Municipal Affairs and Housing.
Guiding principles
As an agency of the Government of Ontario, the Commission conducts itself according to the management principles of the government. The Commission’s proceedings are governed by the Statutory Powers Procedure Act, R.S.O. 1990, Building Code Act, 1992, the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, S.O. 2009, the Public Service of Ontario Act, 2006, S.O. 2006, Management Board of Cabinet Directives and the Building Code Commission’s Guidelines, Policies and Procedures Handbook. These principles and governance elements include ethical behaviour, accountability, excellence in management, wise use of public funds, and high quality service to the public by contributing to the health, safety, accessibility and energy efficiency of buildings in Ontario and by playing a positive role within Ontario’s building design and construction sector.
The Commission has a signed Memorandum of Understanding (MOU) with the Minister relating to the exercising of its mandate. The MOU sets out the relationship between the Commission, the Minister and the Ministry of Municipal Affairs and Housing (“the Ministry”) with respect to the Commission and the service it provides. The purpose of the MOU is to establish the responsibilities of these parties and to ensure that accountability is a fundamental principle that is observed in the management, administration and operations of the Commission. With the appointment of a new Minister in September 2023, a new Memorandum of Understanding is being developed for the consideration of the Minister and Commission Chair.
Strategic direction of the Commission
The strategic direction of the Commission ensures that the mandate to resolve disputes between proponents of construction projects and enforcement officials is achieved.
The Commission endeavours to provide a timely, cost effective and informal process for resolving Building Code disputes through a streamlined and accessible appeals system. The Commission continues to maintain its compliance with the Management Board of Cabinet’s Agencies and Appointments Directive including the completion and public posting of the Business Plan and Annual Report each year. The Commission also adheres to the government’s risk management and reporting process. In keeping with digital delivery and customer service, the Commission continues to use tools for online service delivery by accepting applications electronically and offering virtual hearings.
In addition, the Commission has earned a reputation of being an effective, useful and quality service provider within the construction industry. To continue improving its operations and client service delivery the Commission plans to continue with the following initiatives:
Performance targets
The Commission has established a list of performance measurement targets to monitor the efficiency and effectiveness of its service delivery. These targets are listed in detail under Section G. The Commission has been successful in meeting these targets as reported in our 2023—2024 Annual Report. The Commission will continue to closely monitor these performance targets on a regular basis and make adjustments or take corrective measures as necessary.
Transparency and accountability
In keeping with the government’s priority on building greater transparency and accountability, the Commission continues to comply with the accountability requirements set out in the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, S.O. 2009. The legislation requires the Commission to review its accountability documents on a regular basis and places some additional requirements on the process for recruitment of new members. As a result of the rules contained within the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, S.O. 2009, the Commission is required to develop a recruitment statement which details the process to be undertaken when seeking recruitment of new members. In accordance with its recruitment statement, the Commission developed a standard job advertisement to be used when seeking candidates for new members and will review it periodically for appropriateness and currency.
Succession planning
The Commission believes it would be ideal to have one third of its membership in its initial appointment term of 2 years, one third of its membership in its second appointment term of 3 years and one third of its membership in its final appointment term of 5 years. This would enable the Commission to maintain a balance of new and veteran appointees.
The Commission Chair and staff continue to work with the Minister’s Office and the Public Appointments Secretariat to seek appointments of new members more often and in smaller groups, so that their terms of appointment do not all expire at once. This strategy allows the Commission to improve succession planning; achieve appointment overlaps; allow for knowledge transfer from existing members to newly appointed members; achieve an appropriate balance of geographical representation; promote mentoring of new members; and achieve and maintain membership having expertise in all technical disciplines (structural, fire safety, plumbing, mechanical systems, on-site sewage systems, etc.) in the Building Code.
In addition, the Commission Chair will continue to carefully consider what recommendations to make regarding reappointment of current members. Accordingly, not all members may be recommended for reappointment. The Commission Chair and staff will also continue to work with the Public Appointments Secretariat and the Minister’s Office to maintain the existing complement of regional representation.
Annual survey
The Commission intends to continue its independent survey of parties to dispute hearings which assists the Commission in determining satisfaction with its service delivery. Survey results will be published in the Commission’s Annual Report.
Artificial Intelligence
As per Ontario’s new Responsible Use of Artificial Intelligence Directive, effective December 1, 2024, the Commission is committed to exploring the following three requirements:
- Keep records associated with AI risk management, including records of any risk assessments and risk-based proportional controls applied, in alignment with existing Records and Information Management and archiving requirements
- Publishing a list of AI use cases and report on AI use cases and AI risk management, and
- If the public is interacting directly with a service that leverages AI, to publicly disclose AI use and provide an accessible avenue for the public to seek information about the use of AI in the process
Overview of commission key activities
The Commission received 13 new applications, and held 16 hearings between April 1, 2024, and December 31, 2024. Once a hearing has concluded, the members of the panel deliberate on the evidence and render their ruling. This decision is then communicated to the parties of the hearing and is shared with CanLII, a legal reporting website, which posts the decisions publicly at https://www.canlii.org/en/on/onbcc/.
The Commission received the following number and types of applications over the five-year period including year-to-date 2024 noted below:
Table 1
| Fiscal | Building | On-site sewage system | Permit processing prescribed time frame | Site inspection prescribed time frame | Total applications | Court referrals | Total hearings |
|---|---|---|---|---|---|---|---|
| 2020—2021 | 17 | 6 | 0 | 0 | 23 | 1 | 31 |
| 2021—2022 | 27 | 4 | 0 | 0 | 31 | 0 | 18 |
| 2022—2023 | 18 | 3 | 1 | 0 | 22 | 0 | 23 |
| 2023—2024 | 17 | 3 | 2 | 0 | 22 | 0 | 23 |
| 2024—2025 | 10 | 3 | 0 | 0 | 13 | 0 | 17 |
Other key activities
To enhance the Commission’s performance and accountability over the next three years, the Commission will continue with the following practices:
- Monitor and evaluate Commission-specific performance measures to enhance customer service
- Maintain its compliance with the Management Board of Cabinet’s Agencies and Appointments Directive
- Prepare, finalize and submit within the specified time frame, the Commission’s three-year Business Plan and Annual Report each year
- Maintain compliance with the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, S.O. 2009,
- Hold 2 semi-annual meetings of the full Commission in order to complete the review and approval of its accountability requirements, assess risks, and consider proposed operational improvements
- Continue to accept electronic applications and hold hearings primarily by video conference, unless an in-person hearing is requested by a party or the Commission
- Provide services in accordance with the Accessibility Standards for Customer Service and the Integrated Accessibility Standards regulation made under the Accessibility for Ontarians with Disabilities Act
- Continue to work with the Public Appointments Secretariat and the Minister’s Office to improve its membership in terms of regional representation and technical expertise
Resources
Human resources
As of December 31, 2024, the Commission has a total of 17 part-time members, including the Chair and one Vice-Chair. One Vice Chair position is currently vacant. The Chair and Vice-Chairs are responsible for agency governance and relations with the Ministry.
All members are appointed by the Lieutenant Governor in Council through an Order in Council. Management Board of Cabinet’s Agencies and Appointments Directive permits individuals appointed to the Commission to serve a combined term of appointment of up to 10 years.
The current directive specifies that the appointment terms will be an initial appointment for a period of 2 years. On the recommendation of the Chair, the appointee is eligible for a reappointment term of three years and a final reappointment term of 5 years.
The following branches of the Ministry and technology cluster support the Commission in fulfilling the requirements of the Agencies and Appointments Directive:
- Housing Policy and Planning Division’s Building and Development Branch
- Business Management Division’s Corporate Services Branch, and Controllership and Financial Planning Branch
- Communications Branch
- Legal Services Branch, and
- Community Services Information & Information Technology Cluster
The Commission receives all of its staffing and financial resources from the Building and Development Branch of the Ministry.
The direct support staff assigned by the Ministry to the Commission consists of 1.0 Full Time Equivalent (FTE) for the position of Policy/Program Analyst — Building Code Commission (Policy/Program Analyst).
Although the Commission has no staff of its own, the Policy/Program Analyst is the only Ministry staff person assigned to directly support the Commission. The Policy/Program Analyst is responsible for the overall administration of the Commission, including case management and customer service to persons wishing to apply to the Commission for a hearing. The Policy/Program Analyst works with the Building and Development Branch of the Ministry to liaise with the Minister’s Office regarding the appointments process, issues management, business planning, performance measurement, monitoring of expenditures and ensuring compliance with agency sector requirements and Management Board of Cabinet directives.
Financial resources
The Commission has no financial budget of its own. The Commission is supported by Ministry staff. The operating expenses for the Commission are funded through the Ministry of Municipal Affairs and Housing’s budget.
The Budget and Outlook for the three-year planning period are based on an estimated application rate of 35 applications and 35 hearing days (using historical data and projecting forward). In general, actual expenses for any given fiscal year are impacted by the number of applications, hearings, meetings and members.
As the Commission has resolved to hold at least 2 in-person meetings of the full Commission per year, and in-person hearings when a party or the Commission requests it, member travel expenses are expected to be incurred during the 3 year period of this plan. However, low travel expenses are anticipated since most hearings and other meetings are expected to be held remotely.
The chart below provides details on the costs associated with supporting the Commission:
Table 2
| Expense | 2023—2024 actuals | 2024—2025 year-to-date actuals | 2025—2026 budget | 2026—2027 outlook | 2027—2028 outlook |
|---|---|---|---|---|---|
| Members' Per Diems | $58,642 | $39,231 | $88,000 | $88,000 | $88,000 |
| Members’ Travel/ Hearing Expenses | $3,380 | $2,111 | $29,000 | $29,900 | $30,800 |
| Other Administration | $16,217 | $2,276 | $23,200 | $23,900 | $24,600 |
| Subtotal | $78,238 | $43,618 | $140,200 | $141,800 | $143,400 |
| Full Time Equivalent (FTE) | 1.0 | 1.0 | 1.0 | 1.0 | 1.0 |
| FTE costs (salary + benefits) | $121,174 | $100,772 | $139,500 | $140,900 | $142,300 |
| TOTAL | $199,413 | $144,389 | $279,700 | $282,700 | $285,700 |
Note: Numbers may not add due to rounding
Revenue
A fee for filing an application to the Commission was implemented starting January 1, 2014 ($170 per application) and was set to increase annually up to the rate of the Consumer Price Index (CPI). Accordingly, the application fee had increased to $212 on January 1, 2023.
In April 2023, the province announced the introduction of the Helping Homebuyers, Protecting Tenants Act which received royal assent on June 8, 2023. The Helping Homebuyers, Protecting Tenants Plan includes freezing 74 different provincial fees at the 2023—2024 level. This includes fees that directly or indirectly increase the cost of housing. As a result, the Building Code regulation was amended so that the 2023 Building Code Commission’s application fee of $212 remains in effect.
Revenues received from the application fee are recorded as part of the Ministry of Municipal Affairs and Housing’s non-tax revenues.
The chart below provides details of the revenues associated with applications to the Commission:
Table 3
| Revenues | 2023—2024 actuals | 2024—2025 year-to-date actuals | 2025—2026 budget | 2026—2027 outlook | 2027—2028 outlook |
|---|---|---|---|---|---|
| Application Fees | $3,406 | $636 | $7,420 | $7,420 | $7,420 |
| Total Revenues | $3,406 | $636 | $7,420 | $7,420 | $7,420 |
Communication plan
The Commission communicates with applicants and potential applicants through appropriate publications, forms and instructions, either posted on its public Internet page or distributed on request.
Telephone and email inquiries are responded to by the Policy/Program Analyst-BCC.
Environmental scan
Changes in demand
The increased complexity of the applications as well as an increase in the number of applications that contain multiple disputes will influence the need for appropriately skilled Commission members and could potentially impact the administrative support system required by the Commission. It is essential that the Commission has a sufficient number of skilled members appointed to ensure that it can continue to provide Ontarians with a cost effective and efficient avenue for resolution of Building Code disputes.
The Commission continues to see an increase in the number of applications requiring the Commission to examine and determine its jurisdiction and mandate relative to disputes that may extend beyond the technical and prescribed time frames requirements of the Building Code.
With the increase in the complexity of the applications and the increase in the number of applications that contain multiple disputes, the Commission notes that the length of time it takes to hear and resolve a dispute has also increased.
Financial implications
As part-time appointees, Commission members receive remuneration in the form of a per diem as established by Treasury Board/Management Board of Cabinet. This per diem ranges from $472 for members to $583 for the Vice-Chair and $744 for the Chair. Commission members are also reimbursed for out-of-pocket expenses associated with attending Commission hearings and meetings in Toronto. Costs associated with Commission activities, including operating costs and member per diems, form part of the overall budget for the Ministry. Since 2020—2021, the use of remote hearings/meetings and reduced number of in-person meetings lowered the expenses related to travel and hearings/meetings. As the Commission has resolved to hold at least 2 in-person meetings of the full Commission per year, and in-person hearings when a party or the Commission requests it, member travel expenses are expected to be incurred during the three year period of this plan.
Any changes to the Commission’s application rate and/or complexity of disputes will also directly impact the Ministry’s budget in support of Commission activities.
Performance measures and targets
In keeping with the Commission's mission statement to provide a fair, impartial and timely appeals process for resolution of disputes relating to the technical requirements of the Building Code, the Commission has established the following performance measures and targets for: fairness, timeliness, quality and consistency, transparency, expertise and courtesy.
The Chart below outlines the Commission’s performance measures, targets and results from the previous fiscal year of 2023—2024 and commitments for 2025—2028.
Table 4
| Outcomes | Measures | Targets | 2023—2024 status | 2025—2028 commitments |
|---|---|---|---|---|
| Fairness (processes and procedures that are fair and are seen to be fair) | Parties | Not more than 10% of hearings should result in judicial review on an annual basis | Target met. | Not more than 10% of hearings should result in judicial review on an annual basis. |
| Timeliness (Timely resolution of disputes related to technical Code requirements) |
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| Timeliness (quick resolution of disputes related to prescribed time frame) |
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| Quality and Consistency (process and procedures that have integrity and uniformity) | Parties are satisfied that the Commission process was conducted with a high degree of quality and consistency | 85% of parties feel that the process had a high degree of quality and consistency | Target met. | 85% of parties feel that the process had a high degree of quality and consistency |
| Transparency (clear and understandable process and procedures) | Parties are satisfied that the Commission’s process and procedures were clearly understood | 85% of parties feel that the process and procedures were clear and understandable | Target met. | 85% of parties feel that the process and procedures were clear and understandable |
| Expertise (Thoughtful and sound Building Code Commission decisions made due to technical competence of members) |
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| Courtesy (polite and courteous treatment of all parties) | Parties are satisfied that they were treated with courtesy throughout the application process and at a hearing | 85% of parties surveyed feel that they were treated with courtesy throughout the application process and the hearing | Target met. | 85% of parties feel that they are treated with courtesy throughout the application process and at the hearing. |
Risk assessment
Based on the Commission’s strategic directions and objectives, 1 risk to performance has been identified.
Mitigation strategies (including contingency plans, mitigation controls, and monitoring where required as part of prudent risk management protocols) are identified. Planning is required to address these issues and will be scheduled.
The Reference Impact and Probability Matrix used in this assessment is shown below:
Risk impact and probability matrix
| Impact | Low probability | Medium probability | High probability |
|---|---|---|---|
| High | Mitigation controls / contingency plans | Mitigation controls / contingency plans; monitor closely | Take urgent remedial action; monitor rigorously |
| Medium | Tolerate; monitor | Mitigation controls / contingency plans | Mitigation controls / contingency plans; monitor closely |
| Low | Tolerate; no action | Tolerate; monitor | Mitigation controls / contingency plan |
Risk #1: Lack of knowledge transfer/succession planning impacting commission
Issue
Succession planning continues to be an important issue for the Commission.
Insufficient overlap between sitting members whose terms are nearing expiration and newly appointed members has in the past resulted in a disproportionate load on some of the more experienced members. Newly appointed members are unfamiliar with Commission processes. Ideally, not more than 33% of members should retire from the Commission in any given year. This allows for gradual phasing in and out of members and maintains a balance of veteran and newer members. The Commission has expressed an interest in having more overlap between sitting members and newly appointed members.
Probability: Low
The Commission Chair and staff continue to work with the Minister’s Office and the Public Appointments Secretariat to seek appointments of new members more often and in smaller groups, so that their terms of appointment do not all expire at once.
The Commission believes it would be ideal to have one third of its membership in its initial appointment term of 2 years, one third of its membership in its second appointment term of three years and one third of its membership in its final appointment term of 5 years. This would enable the Commission to maintain a balance of new and veteran appointees.
Staggering of appointment terms would allow the Commission to transition new members in with the opportunity for transfer of knowledge from experienced members to new members. Once appointment terms are staggered, the risk will be significantly reduced. However, the risk, will fluctuate in severity depending on the status of appointments and will be an ongoing issue for the Commission.
Impact: Medium
Extensive simultaneous changes in Commission membership can result in a disproportionate workload on some members and can create difficulty in determining the appropriate composition of a hearing panel. Newer members, while they may be technically experienced, ideally should be phased into hearings to learn the processes of the Commission.
Tolerate and monitor
While the risk matrix above indicates that the Commission can tolerate and monitor the risk, the Commission intends to follow the mitigation strategy outlined below. This risk will be ongoing for the Commission, and the probability and impact will fluctuate depending on the circumstance at the time of assessing the risk. It seems prudent for the Commission to continue to mitigate the risk as best as it can.
Mitigation
In seeking appointments of new members more often and in smaller groups, the Chair, the Commission and Ministry staff are working to address the overall succession planning issue.
This strategy will allow the Commission to improve succession planning; achieve appointment overlaps, allowing for knowledge transfer from existing members to newly appointed members; achieve an appropriate balance of geographical representation; promote mentoring of new members; and achieve and maintain membership having expertise in all technical disciplines (structural, fire safety, plumbing, mechanical systems, on-site sewage systems, etc.).
As a result of a recent competition, 6 new members were appointed to the Commission.
Contingency plan
The Commission Chair and Ministry staff will continue to make it a priority to work with the Minister’s Office and the Public Appointments Secretariat on recruitment to achieve appointment overlaps that improve succession planning, allowing for knowledge transfer from existing members to newly appointed members, and promoting mentoring of new members.
Risk #2: Impact of Reduction in Staffing Resources on the Commission and its Performance Targets
Issue
Since only 1 FTE (full time equivalent) Ministry staff is assigned to directly support the business activities of the Commission, the Commission is concerned that current staff resources may impact its ability to meet its performance targets.
Probability: Medium
The Commission believes that current level of staff resources may negatively impact its ability to meet the performance targets it has set related to application processing; timely scheduling of hearings and issuance of full written decisions.
Impact: Medium
The Commission endeavours to provide the construction industry with an efficient and cost-effective way to resolve Building Code disputes. The Commission is concerned that current staff support may result in parties to a dispute experiencing delays in processing applications, timely scheduling of hearings, and/or issuance of full written decisions.
Tolerate and monitor
The risk matrix above indicates that the Commission will have to develop mitigation controls and contingency plans that need to be monitored closely. This risk is relatively new so the Commission will continue to monitor. The Commission intends to follow the mitigation strategy outlined below.
Mitigation strategy
The Commission will continue to work with staff on developing action plans to mitigate issues as they arise to the best of its ability, while closely monitoring for any impacts on the Commission’s mandated responsibilities and its performance measures. The Commission Chair will work with the Ministry to resolve any issues that arise.
Contingency plan
The Commission will continue to process its applications, hold its hearings and issue its full written decisions as quickly as possible. The Commission notes that it has no control over the amount of staffing resources it is assigned and so it can only make recommendations to the Ministry on possible ways to address the issue.
Footnotes
- footnote[1] Back to paragraph The Commission’s fiscal year runs from April 1 — March 31.
- footnote[2] Back to paragraph Differences in application vs. hearing totals may be attributed in part to matters being resolved between the parties before a hearing is held as well as having some hearings involving files from previous fiscal years.
- footnote[3] Back to paragraph Applications referred to the Commission by the Superior Court of Justice resulted in 2 additional hearing days in 2021—2022.
- footnote[4] Back to paragraph The actuals for 2024—2025 do not reflect the entire fiscal period. The numbers are actuals that cover the period from April 1, 2024, to December 31, 2024. Results for the entire 2024—2025 fiscal year will be reported in next year’s Business Plan report and the Commission’s 2024—2025 Annual Report.
- footnote[5] Back to paragraph The Commission’s fiscal year runs from April 1 to March 31. The actuals for 2023—2024 cover the period from April 1, 2023, to March 31, 2024.
- footnote[6] Back to paragraph The actuals for 2024—2025 do not reflect the entire fiscal period. The numbers are actuals that cover the period from April 1, 2024, to December 31, 2024.
- footnote[7] Back to paragraph The number of hearings is determined by the application rate. Member per diem remuneration rates are established by the Management Board of Cabinet’s Agencies and Appointments Directive applying to part-time Order in Council (OIC) appointed members. The Budget and Outlook for the three-year planning period are based on an estimated application rate (using historical data and projecting forward), current member per diem remuneration rates and other operating expenses noted in the table, including ministry staff support costs. Operating expenses cover costs associated with meetings, administration, per diems for members and reimbursement for out-of-pocket travel expenses related to meetings. These include hotel accommodations, meal allowances, parking and public transit in accordance with the Management Board of Cabinet’s Travel, Meal and Hospitality Expenses Directive.
- footnote[8] Back to paragraph The per diem rates by position are discussed under the “Financial Implications” section in Section F below.
- footnote[9] Back to paragraph The Commission’s fiscal year runs from April 1 to March 31. The actuals for 2023—2024 cover the period from April 1, 2023, to March 31, 2024.
- footnote[10] Back to paragraph The actuals for 2024—2025 do not reflect the entire fiscal period. The numbers are actuals that cover the period from April 1, 2024, to December 31, 2024.
- footnote[11] Back to paragraph Estimated revenues for the three-year planning period are based on an average of 35 applications per year and the fee in effect at the start of the fiscal year. Effective January 1, 2023, the application fee is $212.
- footnote[12] Back to paragraph 2023—2024 Actuals reflect revenues for 16 applications. Revenues for six other applications were deferred to a future period.
- footnote[13] Back to paragraph Revenues for applications received are deferred to a future period and will be reflected in the financial table when the revenues are earned. 2024—2025 Year-to-Date Actuals reflect revenues for three applications. Note that by the end of the fiscal year (April 1, 2024 to March 31, 2025), the revenues earned during the full year will be reflected in the Commission’s Annual Report.
- footnote[14] Back to paragraph Performance measure results for the 2024—2025 fiscal year will be reported in the Commission’s 2024—2025 Annual Report.
- footnote[15] Back to paragraph In this Table, “parties” are those recognized by the Building Code Act, 1992, namely applicants to the Commission (i.e. applicants for building permits, holders of building permits or persons to whom an order has been issued) and respondents (i.e. municipal chief building officials and their designates, inspectors and registered code agencies).