Building Code Act, 1992, S.O. 1992, c. 23

• Jurisdiction: Ontario

Building Code Act, 1992

S.O. 1992, Chapter 23

Consolidation Period: From June 8, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 10, Sched. 1.

CONTENTS

Interpretation

Definitions

1 (1) In this Act,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definitions: (See: 2020, c. 16, Sched. 1, s. 1 (1))

“administrative agreement” means the agreement described in subsection 30.3 (1); (“accord d’application”)

“administrative authority” means the corporation designated by regulation under clause 30.1 (1) (a); (“organisme d’application”)

“building” means,

(a) a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto,

(b) a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto,

(c) plumbing not located in a structure,

(c.1) a sewage system, or

(d) structures designated in the building code; (“bâtiment”)

“building code” means regulations made under section 34; (“code du bâtiment”)

“building condition evaluation” means an evaluation conducted under a building condition evaluation program; (“évaluation de l’état du bâtiment”)

“building condition evaluation program” means a program established under subsection 34 (2.3); (“programme d’évaluation de l’état des bâtiments”)

“building owner” means, in respect of a building,

(a) the registered owner of the land on which the building is located or, if the building is owned separately from the land on which the building is located, the owner of the building, unless the person is a person prescribed in the building code,

(b) the person that is responsible for maintaining the building or part of the building subject to a building condition evaluation program, unless the person is a person prescribed in the building code, and

(c) such other persons as may be prescribed; (“propriétaire du bâtiment”)

“change certificate” means a certificate prescribed under the building code or approved by the Minister as a change certificate; (“certificat de modification”)

“chief building official” means a chief building official appointed or constituted under section 3 or 4; (“chef du service du bâtiment”)

“code of conduct” means a code of conduct described in section 7.1; (“code de conduite”)

“construct” means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere and “construction” has a corresponding meaning; (“construire”, “construction”, “travaux de construction”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2020, c. 16, Sched. 1, s. 1 (1))

“delegated provisions” means the provisions of this Act and the regulations whose administration is delegated to the administrative authority under clause 30.1 (1) (b), subject to any restrictions imposed under subsection 30.1 (2); (“dispositions déléguées”)

“demolish” means to do anything in the removal of a building or any material part thereof and “demolition” has a corresponding meaning; (“démolir”, “démolition”, “travaux de démolition”)

“director” means the person appointed as director under section 2; (“directeur”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “director” in subsection 1 (1) of the Act is repealed. (See: 2020, c. 16, Sched. 1, s. 1 (2))

“final certificate” means a certificate prescribed under the building code or approved by the Minister as a final certificate; (“certificat définitif”)

“inspector” means an inspector appointed under section 3, 3.1, 4, 6.1 or 6.2; (“inspecteur”)

“maintenance inspection” means an inspection conducted under a maintenance inspection program; (“inspection d’entretien”)

“maintenance inspection program” means a program established under clause 7 (1) (b.1) or subsection 34 (2.2); (“programme d’inspections d’entretien”)

“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)

“municipality” means a local municipality; (“municipalité”)

“officer” means a property standards officer who has been assigned the responsibility of administering and enforcing by-laws passed under section 15.1; (“agent”)

“planning board” means a planning board established under section 9 or 10 of the Planning Act; (“conseil d’aménagement”)

“plans review certificate” means a certificate prescribed under the building code or approved by the Minister as a plans review certificate; (“certificat d’examen des plans”)

“plumbing” means a drainage system, a venting system and a water system or parts thereof; (“installation de plomberie”)

“principal authority” means,

(a) the Crown,

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “principal authority” in subsection 1 (1) of the Act is amended by adding the following clause: (See: 2020, c. 16, Sched. 1, s. 1 (3))

(a.1) the administrative authority,

(b) the council of a municipality,

(c) an upper-tier municipality that has entered into an agreement under subsection 3 (5), 6.1 (1) or 6.2 (1),

(d) a board of health that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.1 (2) or (3) or 6.2 (2),

(e) a planning board that has been prescribed for the purposes of subsection 3.1 (1), or

(f) a conservation authority that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.2 (2); (“autorité principale”)

“registered code agency” means a person that has the qualifications and meets the requirements described in subsection 15.11 (4); (“organisme inscrit d’exécution du code”)

“regulations” means regulations made under this Act. (“règlements”) 1992, c. 23, s. 1 (1); 1997, c. 24, s. 224 (1, 2); 1997, c. 30, Sched. B, s. 1; 1999, c. 12, Sched. M, s. 1; 2002, c. 9, s. 2 (1-3); 2002, c. 17, Sched. C, s. 1 (1); 2002, c. 17, Sched. F, Table; 2006, c. 19, Sched. O, s. 1 (1); 2006, c. 21, Sched. F, s. 104 (1-3); 2006, c. 22, s. 112 (1); 2017, c. 34, Sched. 2, s. 1.

Interpretation

(1.1) Except as provided in subsection (1.2), a reference to “this Act” in any provision of this Act shall be deemed to be a reference to this Act excluding sections 15.1 to 15.8. 1997, c. 24, s. 224 (3).

Same

(1.2) A reference to “this Act” in subsection 1 (1) and sections 2, 16, 19, 20, 21, 27, 31, 36 and 37 includes a reference to sections 15.1 to 15.8. 1997, c. 24, s. 224 (3).

Chief building official

(1.3) A reference to the “chief building official” in this Act, other than in subsections 1 (1), 3 (2), (3) and (6) and section 4, includes an inspector who has the same powers and duties as the chief building official,

(a) in relation to sewage systems by virtue of subsections 3.1 (3) or 6.2 (4); and

(b) in relation to plumbing by virtue of subsection 6.1 (5). 2002, c. 9, s. 2 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1.3) of the Act is repealed and the following substituted: (See: 2020, c. 16, Sched. 1, s. 1 (4))

Chief building official

(1.3) A reference to the “chief building official” in this Act, other than in subsection 1 (1) and sections 3 and 4, includes,

(a) an inspector who has the same powers and duties as the chief building official,

(i) in relation to sewage systems by virtue of subsection 3.1 (3) or 6.2 (4), and

(ii) in relation to plumbing by virtue of subsection 6.1 (5); and

(b) a chief building inspector and assistant chief building inspector appointed under subsection 30.31 (1). 2020, c. 16, Sched. 1, s. 1 (4).

Inspector

(1.4) A reference to an “inspector” in this Act, other than in subsection 1 (1) and sections 3 and 4 includes an inspector appointed under section 30.31. 2020, c. 16, Sched. 1, s. 1 (4).

Director

(1.5) A reference to the “director”,

(a) in sections 2, 4, 15.14, 15.20, 28.1, 29, 31 and 34 and the regulations made under section 34 means the person appointed as director under subsection 2 (2); and

(b) in sections 30.31, 30.32 and 30.33 and the regulations made under section 30.38 means the person appointed as director under subsection 30.33 (1). 2020, c. 16, Sched. 1, s. 1 (4).

Exclusion

(2) This Act does not apply to structures used directly in the extraction of ore from a mine. 1992, c. 23, s. 1 (2).

Section Amendments with date in force (d/m/y)

1997, c. 24, s. 224 (1-3) - 17/06/1998; 1997, c. 30, Sched. B, s. 1 (1, 2) - 06/04/1998; 1999, c. 12, Sched. M, s. 1 - 22/12/1999

2002, c. 9, s. 1, 2 (1-4) - 01/07/2005; 2002, c. 17, Sched. C, s. 1 (1) - 01/07/2005; 2002, c. 17, Sched. F, Table - 01/01/2003

2006, c. 19, Sched. O, s. 1 (1) - 22/06/2006; 2006, c. 21, Sched. F, s. 104 (1-3) - 25/07/2007; 2006, c. 22, s. 112 (1) - 03/07/2007

2017, c. 34, Sched. 2, s. 1 - 14/12/2017

2020, c. 16, Sched. 1, s. 1 (1-4) - not in force

Role of various persons

1.1 (1) It is the role of every person who causes a building to be constructed,

(a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building;

(b) to ensure that construction does not proceed unless any permit required under this Act has been issued by the chief building official; and

(c) to ensure that construction is carried out only by persons with the qualifications and insurance, if any, required by this Act and the building code. 2002, c. 9, s. 3.

Role of designers

(2) It is the role of a designer,

(a) if the designer’s designs are to be submitted in support of an application for a permit under this Act, to...