Regulatory roles for construction and renovations
Learn how Ontario and municipalities maintain and enforce the Building Code.
Overview
The Building Code Act, 1992 and the Building Code apply to all new buildings, demolitions and changes of use. They also apply to septic systems that have a sewage design capacity of up to 10,000 litres per day. The act and the regulation exist to promote the safety and accessibility of buildings that are:
- being constructed
- being renovated
- undergoing a change of use
Role of the Province
The Province’s role is to:
- update the Building Code Act and Building Code
- develop and maintain the qualification and registration system for building practitioners including:
- building officials such as chief building officials, supervisors, managers, plans examiners and inspectors
- certain classes of designers
- on-site sewage system installers
- registered code agencies including private companies hired by municipalities to conduct inspections
The Province does not oversee the enforcement activities of municipalities.
Role of municipalities
The municipality’s role is to enforce the Building Code Act and Building Code by:
- setting fees for building permits
- reviewing and issuing building permits
- inspecting sites for compliance during construction
- issuing stop work and compliance orders
Chief building officials and inspectors
Each municipal council must appoint a chief building official and as many qualified inspectors as they need to carry out their Building Code enforcement duties.
When a building or construction does not comply with the Building Code Act or the Building Code regulation, municipal building inspectors can issue an order to enforce compliance.
If the orders are not followed, municipalities can prosecute individuals including building owners.
Sample compliance forms for building inspectors:
- order not to cover or enclose - pursuant to subsection 13(1) [PDF]
- order requiring tests and samples - pursuant to clause 18(1)(f) [PDF]
- orders to comply – pursuant to subsection 12(2) [PDF]
- order to comply - pursuant to subsection 15.10.1(2) [PDF]
- order to comply - pursuant to subsection 13(6) [PDF]
- stop work order - pursuant to subsection 14(1) [PDF]
- application for a permit to construct or demolish (2014) [PDF]
Septic systems
The Building Code Act and the Building Code regulation include rules for the construction, operation, and maintenance of septic systems that have a sewage design capacity of up to 10,000 litres per day. These systems typically provide treatment for smaller buildings such as houses, cottages and small businesses.
In most cases the local municipality is responsible for enforcing rules for septic systems, but sometimes the principal authority may be a:
- local board of health
- conservation authority
- upper-tier municipality
Maintenance inspections
Building inspectors who are qualified and employed by the principal authority to carry out maintenance inspections of septic systems may also:
- sign inspection reports
- enter a property to conduct an inspection
- issue orders such as unsafe orders and emergency orders to fix dangerous situations
Municipal by-laws
Under the Building Code Act, municipalities can also develop property standards by-laws for how buildings and surrounding properties must be maintained.
Contact your local municipality to:
- learn about bylaws that affect renovations and constructions
- get permits
- inquire about building inspections
Unorganized territories
Unorganized territories have no municipal authority to issue permits. Some unorganized territories may be covered under Minister’s zoning orders.
Before any development or construction can happen in these unorganized territories, builders:
- must get a letter of conformity by contacting the Ministry of Municipal Affairs and Housing
- may need to consult the Ministry of Natural Resources and Forestry for permits
- must contact the Ministry of Transportation for developments that are proposed on or near a highway
Septic systems
Authority for septic systems in unorganized territories may belong to a:
- health unit
- conservation authority
A list of agencies responsible for enforcing on-site sewage systems in unorganized territories can be found in Section 1.7 of Division C of the Building Code.