jswizzle3737/ontario_laws_and_regs huggingface dataset:
15.14 (1) Every registered code agency shall give the chief building official such information as may be prescribed by regulation.  2002, c. 9, s. 28. Notice to the director (2) Every registered code agency shall give the director such information as may be prescribed by regulation.  2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005
15.15 The following are the functions that a registered code agency may be appointed to perform in respect of the construction of a building: 1.  Review designs and other materials to determine whether the proposed construction of a building complies with the building code. 2.  Issue plans review certificates. 3.  Issue change certificates. 4.  Inspect the construction of a building for which a permit has been issued under this Act. 5.  Issue final certificates. 6.  Perform such other functions as may be authorized under this Act or in the building code.  2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005
15.16 (1) A registered code agency may exercise the powers and perform the duties specified in this Act and the building code in respect only of the functions and the building specified in a particular appointment.  2002, c. 9, s. 28. Confidentiality (2) A registered code agency shall not collect, use or disclose information except in accordance with the building code.  2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005
15.17 (1) A registered code agency may authorize, in writing, one or more prescribed persons to exercise powers and perform its functions under this Act, subject to such conditions as may be prescribed by regulation.  2002, c. 9, s. 28. Certificate of authorization (2) The registered code agency shall issue a certificate of authorization containing the prescribed information to the authorized person.  2002, c. 9, s. 28. Powers and duties of inspector (3) The authorized person may exercise the powers and perform the duties of an inspector under any of the following provisions, in respect of the construction of a building for which the agency is appointed under this Act: 1.  Section 12 (inspection). 2.  Section 13 (order not to cover). 3.  Section 16 (entry to dwellings). 4.  Section 18 (powers of inspector).  2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005
15.18 (1) When a registered code agency makes an order under this Act, the agency shall give a copy of the order within the period prescribed by regulation to the chief building official.  2002, c. 9, s. 28. Certificates (2) A registered code agency shall issue such certificates and use such forms as may be required by the building code and shall include in them or provide such information as may be prescribed.  2002, c. 9, s. 28. Same (3) A certificate issued under this Act by a registered code agency must be in the prescribed form or the form approved by the Minister.  2002, c. 9, s. 28; 2006, c. 21, Sched. F, s. 104 (9). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005 2006, c. 21, Sched. F, s. 104 (9) - 25/07/2007
15.19 (1) The appointment of a registered code agency expires when the agency has performed the functions for which it was appointed in respect of construction of the specified building.  2002, c. 9, s. 28. Same, by virtue of circumstances (2) The appointment of a registered code agency that has not performed all of the functions for which it is appointed in respect of the construction expires if either of the following events occurs: 1.  The chief building official refuses to issue a permit for construction of the specified building. 2.  The permit for construction of the building is revoked.  2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005
15.20 (1) The appointment of a registered code agency shall not be terminated except in accordance with this section and the building code.  2002, c. 9, s. 28. Same (2) The building code may specify that the consent of the director to the termination of an appointment is required.  2002, c. 9, s. 28. Effect of termination, appointment by principal authority (3) If the registered code agency was appointed by a principal authority, upon the termination of the appointment the principal authority becomes responsible to ensure that the remaining functions of the agency are performed by the principal authority or another registered code agency.  2002, c. 9, s. 28. Same, appointment by applicant (4) If the registered code agency was appointed under section 4.2, upon the termination of the appointment the person who made the appointment becomes responsible to ensure that the remaining functions of the agency are performed by another registered code agency or, with the prior written agreement of the principal authority, by the principal authority or to ensure that work on the construction is halted.  2002, c. 9, s. 28. Powers of the director (5) When the appointment of a registered code agency is terminated, the director may give directions to anyone described in subsection (6) in order to facilitate the transfer of the agency’s functions.  2002, c. 9, s. 28. Same (6) Directions may be given to the person who made the appointment that has been terminated, to the registered code agency whose appointment has been terminated and to a transferee registered code agency.  2002, c. 9, s. 28. Duties (7) The person to whom directions are given shall comply with them.  2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005
15.21 (1) The chief building official may, by order, suspend all or part of the construction of the building to which the appointment of a registered code agency relates, (a)  if the chief building official has reason to believe that the registered code agency has ceased to perform the functions specified in the appointment; and (b)  if the appointment of the registered code agency has not expired or been terminated.  2002, c. 9, s. 28. Same (2) If the appointment of a registered code agency under section 4.2 is terminated, the chief building official shall, by order, suspend the construction of the applicable building until, (a)  another registered code agency is appointed to perform the remaining functions of the original registered code agency; or (b)  the principal authority agrees, in writing, to perform the remaining functions of the original registered code agency.  2002, c. 9, s. 28. Delegation (3) A principal authority may delegate to the chief building official the power to agree to perform the remaining functions of a registered code agency appointed under section 4.2 whose appointment is terminated and may impose conditions and restrictions on the delegation.  2002, c. 9, s. 28. Effect of order (4) If an order is issued under this section, no person shall perform any act in the construction of the building in respect of which the order is made, other than work necessary to secure the safety and security of the building and of the construction site.  2002, c. 9, s. 28. Procedural matters (5) Subsections 14 (2) and (3) apply with respect to an order under this section.  2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005
15.22 This Act and the building code prevail over the terms of an appointment of a registered code agency.  2002, c. 9, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 28 - 01/07/2005 General Powers of Inspection and Enforcement
15.23 The chief building official, inspectors and persons authorized by a registered code agency to exercise powers and perform functions on its behalf shall carry their certificate of appointment or authorization, as the case may be, when performing their duties and shall produce them for inspection upon request.  2002, c. 9, s. 29. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 29 - 01/07/2005
16 (1) Despite sections 8, 12, 15, 15.2, 15.4, 15.9, 15.10.1 and 15.10.3, an inspector or officer shall not enter or remain in any room or place actually being used as a dwelling unless, (a)  the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and entry made only under the authority of a warrant issued under this Act; (a.1)  a warrant issued under this Act is obtained; (b)  the delay necessary to obtain a warrant or the consent of the occupier would result in an immediate danger to the health or safety of any person; (c)  the entry is necessary to terminate a danger under subsection 15.7 (3) or 15.10 (3); or (d)  the requirements of subsection (2) are met and the entry is necessary to remove a building or restore a site under subsection 8 (6), to remove an unsafe condition under clause 15.9 (6) (b) or to repair or demolish under subsection 15.4 (1).  1992, c. 23, s. 16 (1); 1997, c. 24, s. 224 (9, 10); 2002, c. 9, s. 30; 2006, c. 19, Sched. O, s. 1 (11); 2006, c. 22, s. 112 (9); 2017, c. 34, Sched. 2, s. 20. Notice (2) Within a reasonable time before entering the room or place for a purpose described in clause (1) (d), the inspector or officer shall serve the occupier with notice of his or her intention to enter it.  1992, c. 23, s. 16 (2); 1997, c. 24, s. 224 (11). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (9-11) - 17/06/1998 2002, c. 9, s. 30 - 01/07/2005 2006, c. 19, Sched. O, s. 1 (11) - 22/06/2006; 2006, c. 22, s. 112 (9) - 03/07/2007 2017, c. 34, Sched. 2, s. 20 - 14/12/2017 17 Repealed:  2002, c. 9, s. 31 (2). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (12) - 17/06/1998; 1999, c. 12, Sched. M, s. 7 - 22/12/1999 2002, c. 9, s. 31 (1) - 01/09/2003; 2002, c. 9, s. 31 (2)
- 01/07/2005; 2002, c. 17, Sched. F, Table - 01/01/2003
17.1 (1) This section applies if money is spent by a board of health, planning board or conservation authority or, in the circumstances described in subsection (2), by the Crown or an upper-tier municipality or, in the circumstances described in subsection (4), by a municipality, (a)  to carry out a removal and restoration under subsection 8 (6); (b)  to carry out a renovation, repair, demolition or other action under clause 15.9 (6) (b) or 15.10.3 (8) (b); or (c)  to perform remedial or other work under subsection 15.10 (1) where the amount spent is determined to be recoverable by a judge under subsection 15.10 (8).  1999, c. 12, Sched. M, s. 8; 2002, c. 9, s. 32 (1); 2002, c. 17, Sched. F, Table; 2017, c. 34, Sched. 2, s. 21 (1). In municipalities (2) If the building in respect of which money was spent is in a municipality, (a)  the upper-tier municipality, board of health, planning board, conservation authority or the Crown may instruct the municipality to recover the amount spent; (b)  subsection 8 (7), 15.9 (10), 15.10 (10) or 15.10.3 (11), as the case may be, applies to the collection of the amount; and (c)  the money collected, less the costs reasonably attributable to the collection, shall be paid by the municipality to the upper-tier municipality, board of health, planning board, conservation authority or the Crown.  1999, c. 12, Sched. M, s. 8; 2002, c. 9, s. 32 (2); 2002, c. 17, Sched. F, Table; 2017, c. 34, Sched. 2, s. 21 (2). Not interest of the Crown (3) Where the Crown instructs the municipality under clause (2) (a) to recover the amount spent, the lien referred to in subsection 8 (7), 15.9 (10), 15.10 (10) or 15.10.3 (11) is not an estate or interest of the Crown within the meaning of clause 379 (7) (b) of the Municipal Act, 2001 or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be.  1999, c. 12, Sched. M, s. 8; 2002, c. 9, s. 32 (3); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 3 (7); 2017, c. 34, Sched. 2, s. 21 (3). In territory without municipal organization (4) If the building in respect of which money was spent is located in territory without municipal organization, (a)  the municipality, board of health, planning board or conservation authority may give the Minister of Finance written notice of the amount that was spent, requesting the collection of the amount under the Provincial Land Tax Act, 2006; (b)  the amount may be collected under that Act as if it was tax imposed under it; and (c)  the Minister of Finance shall pay the amount collected under that Act, less the costs reasonably attributable to the collection, to the municipality, board of health, planning board or conservation authority.  2006, c. 33, Sched. Z.3, s. 4 (4). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. M, s. 8 - 22/12/1999 2002, c. 9, s. 32 (1-4) - 01/07/2005; 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 3 (7) - 01/01/2007; 2006, c. 33, Sched. Z.3, s. 4 (4) - 01/01/2009 2017, c. 34, Sched. 2, s. 21 (1-3) - 14/12/2017
19 (1) No person shall hinder or obstruct, or attempt to hinder or obstruct, a chief building official, inspector, officer or a person authorized by a registered code agency in the exercise of a power or the performance of a duty under this Act.  1997, c. 24, s. 224 (13); 2002, c. 9, s. 35 (1). Occupied dwellings (2) A refusal of consent to enter or remain in a place actually used as a dwelling is not hindering or obstructing within the meaning of subsection (1) unless the inspector, officer or authorized person is acting under a warrant issued under this Act or in the circumstances described in clause 16 (1) (b), (c) or (d).  1997, c. 24, s. 224 (13); 2002, c. 9, s. 35 (2). Assistance (3) Every person shall assist any entry, inspection, examination, testing or inquiry by an inspector, chief building official, officer or a person authorized by a registered code agency in the exercise of a power or performance of a duty under this Act.  1997, c. 24, s. 224 (13); 2002, c. 9, s. 35 (3). Same (4) No person shall neglect or refuse, (a)  to produce any documents, drawings, specifications or things required under clause 15.8 (1) (a) or (e) by an officer or under clause 18 (1) (a) or (e) by an inspector or by a person authorized by a registered code agency; or (b)  to provide any information required under clause 15.8 (1) (c) by an officer or under clause 18 (1) (c) by an inspector or by a person authorized by a registered code agency.  2002, c. 9, s. 35 (4). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (13) - 17/06/1998; 1997, c. 30, Sched. B, s. 13 - 06/04/1998 2002, c. 9, s. 35 (1-4) - 01/07/2005
20 No person shall obstruct the visibility of an order and no person shall remove a copy of an order posted under this Act unless authorized to do so by an inspector, officer or registered code agency.  1997, c. 24, s. 224 (14); 2002, c. 9, s. 36. Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (14) - 17/06/1998 2002, c. 9, s. 36 - 01/07/2005
21 (1) A provincial judge or justice of the peace may at any time issue a warrant in the prescribed form authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there is reasonable ground to believe that, (a)  an offence under this Act has been committed; and (b)  the entry into and search of the building, receptacle or place will afford evidence relevant to the commission of the offence.  1992, c. 23, s. 21 (1). Seizure (2) In a search warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize anything that there is reasonable ground to believe will afford evidence relevant to the commission of the offence.  1992, c. 23, s. 21 (2). Same (3) Anyone who seizes something under a search warrant shall, (a)  give a receipt for the thing seized to the person from whom it was seized; and (b)  bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law.  1992, c. 23, s. 21 (3). Expiry of warrant (4) A search warrant shall state the date on which it expires, which date shall be not later than fifteen days after the warrant is issued.  1992, c. 23, s. 21 (4). Time for execution (5) A search warrant may be executed only between 6 a.m. and 9 p.m. unless it provides otherwise.  1992, c. 23, s. 21 (5). Application (6) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of any thing seized under this section.  1992, c. 23, s. 21 (6). Dispute Resolution, Reviews and Appeals
22 (1) The chief building official may review and amend or rescind an order made by an inspector.  1992, c. 23, s. 22 (1). Powers (2) A chief building official may exercise any of the powers or perform any of the duties of an inspector.  1992, c. 23, s. 22 (2). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 37 - 01/07/2005
23 (1) The Building Code Commission is continued under the name Building Code Commission in English and Commission du code du bâtiment in French and shall be composed of those persons appointed by the Lieutenant Governor in Council.  1992, c. 23, s. 23 (1). Chair (2) The Lieutenant Governor in Council may designate one of the members as chair and one or more of the members as vice-chair.  1992, c. 23, s. 23 (2). Eligibility (3) A person is not eligible to be a member of the Commission if the person is, (a)  a deputy minister of a ministry; (b)  a public servant employed under Part III of the Public Service of Ontario Act, 2006; (c)  an employee of a municipality; or (d)  in a prescribed relationship to a registered code agency.  2006, c. 35, Sched. C, s. 8 (2). Remuneration (4) The members of the Commission shall receive such remuneration and expenses as the Lieutenant Governor in Council may determine.  1992, c. 23, s. 23 (4). Quorum (5) Three members of the Commission constitute a  quorum.  1992, c. 23, s. 23 (5). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 38 - 01/07/2005 2006, c. 35, Sched. C, s. 8 (2) - 20/08/2007
25 (1) A person who considers themself aggrieved by an order or decision made by the chief building official, a registered code agency or an inspector under this Act (except a decision under subsection 8 (3) not to issue a conditional permit) may appeal the order or decision to the Superior Court of Justice within 20 days after the order or decision is made.  2002, c. 9, s. 40 (2). Extension of time (2) A judge to whom an appeal is made may, upon such conditions as the judge considers appropriate, extend the time  for making the appeal before or after the time set out in subsection (1), if the judge is satisfied that there is reasonable grounds for the appeal and for applying for the extension.  1992, c. 23, s. 25 (2). Effect of appeal (3) If an appeal is made under this section in respect of a matter in which a question is pending before the Building Code Commission, the proceeding before the Commission is terminated.  1992, c. 23, s. 25 (3). Powers of judge (4) On an appeal, a judge may affirm or rescind the order or decision and take any other action that the judge considers the chief building official, registered code agency or inspector ought to take in accordance with this Act and the regulations and, for those purposes, the judge may substitute his or her opinion for that of the official, agency or inspector.  2002, c. 9, s. 40 (3). Reference to Commission (5) A judge may refer a question respecting the interpretation of the technical requirements of the building code or the sufficiency of compliance with the technical requirements of the building code to the Building Code Commission for a hearing and report to the judge.  1992, c. 23, s. 25 (5). Procedure (6) The procedure on the reference shall be the same as on an application under section 24.  1992, c. 23, s. 25 (6). Stay of order or decision (7) An appeal under subsection (1) does not stay the operation of the order or decision appealed from but a judge may, on such terms as are just, stay the operation of the order or decision until the disposition of the appeal.  2000, c. 26, Sched. K, s. 1. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. K, s. 1 - 06/12/2000 2002, c. 9, s. 40 (1) - 01/09/2003; 2002, c. 9, s. 40 (2, 3) - 01/07/2005
26 (1) A party to the hearing before the Superior Court of Justice under section 25 may appeal from the decision to the Divisional Court.  1992, c. 23, s. 26 (1); 2002, c. 9, s. 41 (1). Minister represented (2) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section.  1992, c. 23, s. 26 (2). Powers of Divisional Court (3) An appeal under this section may be made on any question that is not a question of fact alone and the Divisional Court may, (a)  confirm or alter the decision of the judge; (b)  direct the chief building official, registered code agency or inspector to take any action that the official, agency or inspector is authorized to take under this Act; (c)  refer the matter back to the judge for reconsideration; or (d)  substitute its opinion for that of the chief building official, registered code agency, inspector or judge.  2002, c. 9, s. 41 (2). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 41 (1) - 01/09/2003; 2002, c. 9, s. 41 (2) - 01/07/2005
27 (1) A notice or order required by this Act to be served may be served personally, by email to the last known email address of the person to whom service is required to be made or by registered mail sent to the last known address of the person to whom notice is to be given or to that person’s agent for service.  1992, c. 23, s. 27 (1); 2019, c. 14, Sched. 14, s. 1 (1). Idem (2) If a notice or order is served by registered mail, the service shall be deemed to have been made on the fifth day after the day of mailing unless the person to whom the notice or order is given or that person’s agent for service establishes that, acting in good faith, through absence, accident, illness or other unintentional cause the notice was not received until a later date.  1992, c. 23, s. 27 (2); 1997, c. 24, s. 224 (15). Same (3) If a notice or order is served by email, the service shall be deemed to have been made on the day of sending unless, (a)  the document was sent after 5 p.m., in which case service shall be deemed to have been made on the following day; or (b)  the person to whom the notice or order is given or that person’s agent for service establishes that, acting in good faith, through absence, accident, illness or other unintentional cause, the notice was not received until a later date. 2019, c. 14, Sched. 14, s. 1 (2). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (15) - 17/06/1998 2019, c. 14, Sched. 14, s. 1 (1, 2) - 10/12/2019 Authorizations and Rulings
28 (1) The Building Materials Evaluation Commission is continued under the name Building Materials Evaluation  Commission in English and Commission d’évaluation des matériaux de construction in French and shall be composed of those persons appointed by the Lieutenant Governor in Council.  1992, c. 23, s. 28 (1). Chair (2) The Lieutenant Governor in Council may designate one of the members as chair and one of the members as vice-chair.  1992, c. 23, s. 28 (2). Remuneration (3) The members of the Commission shall receive such remuneration and expenses as the Lieutenant Governor in Council may determine.  1992, c. 23, s. 28 (3). Powers and duties (4) The Building Materials Evaluation Commission may, (a)  conduct research on, and examine, construction materials, systems and building designs or cause such research to be conducted and examinations to be undertaken; (b)  upon application therefor, authorize the use, subject to any conditions that may be set out, of any innovative material, system or building design in respect of any building or part thereof; and (c)  make recommendations to the Minister respecting changes in this Act or the building code.  1992, c. 23, s. 28 (4); 2002, c. 9, s. 43. Innovative materials (5) The use of any innovative material, system or building design in the manner approved by the Commission shall be deemed not to be a contravention of the building code.  1992, c. 23, s. 28 (5). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 42 - 01/07/2005; 2002, c. 9, s. 43
- 01/09/2003
28.1 (1) The Minister may issue a written interpretation of any provision of the building code, and the Minister’s interpretation is binding on any person exercising a power or performing a duty under this Act and on any person who is subject to this Act.  2002, c. 9, s. 44. Public notice (2) A statement setting out the Minister’s interpretation of a provision of the building code shall be made available to the public in the prescribed manner.  2002, c. 9, s. 44. Legislation Act, 2006, Part III (3) The Minister’s interpretation of a provision of the building code is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2002, c. 9, s. 44; 2006, c. 21, Sched. F, s. 136 (1). Delegation (4) The Minister may delegate his or her power under subsection (1) to the director.  2002, c. 9, s. 44. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 44 - 01/07/2005 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
29 (1) The Minister may, subject to such conditions as the Minister in his or her discretion considers appropriate, make rulings, (a)  approving the use of innovative materials, systems or building designs evaluated by a materials evaluation body designated in the building code; (b)  adopting an amendment to a code, formula, standard, guideline, protocol or procedure that has been adopted by reference in the building code; or (c)  approving the use of alternative materials, systems and building designs which, in the opinion of the Minister, will achieve the level of performance required by the building code.  1997, c. 30, Sched. B, s. 14 (1); 1999, c. 12, Sched. M, s. 9 (1); 2002, c. 9, s. 45 (1). Delegation (2) The Minister may by order delegate the power to make rulings to the director.  1992, c. 23, s. 29 (2). Status (3) A ruling is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1992, c. 23, s. 29 (3); 2006, c. 21, Sched. F, s. 136 (1). Publication (4) Notice of a ruling shall be published at least once in The Ontario Gazette and made available, upon request, to members of the public.  1992, c. 23, s. 29 (4). Application (5) A ruling of the Minister under clause (1) (a) or (c) entitles a person to use the approved material, system or building design in all of Ontario unless the ruling states otherwise.  1999, c. 12, Sched. M, s. 9 (2). Approved materials (6) The use of an approved material, system or building design in the manner approved in a ruling under clause (1) (a) or (c) shall be deemed not to be a contravention of the building code.  1999, c. 12, Sched. M, s. 9 (2). Conflicts (7) In the event of a conflict between an authorization of the Building Materials Evaluation Commission and a ruling of the Minister under clause (1) (a) or (c), the ruling prevails.  1992, c. 23, s. 29 (7); 1997, c. 30, Sched. B, s. 14 (4); 2002, c. 9, s. 45 (2). Restriction (8) If a materials evaluation body designated in the building code has examined or has expressed its intention to examine an innovative material, system or building design, the Building Materials Evaluation Commission shall not exercise its power under subsection 28 (4) in respect of that material, system or building design.  1992, c. 23, s. 29 (8). Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 14 (1-4) - 06/04/1998; 1999, c. 12, Sched. M, s. 9 (1, 2) - 22/12/1999 2002, c. 9, s. 45 (1, 2) - 01/07/2005 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
31 (1) No action or other proceeding for damages shall be instituted against the director, a member of the Building Code Commission or the Building Materials Evaluation Commission, or anyone acting under their authority, a person conducting an inquiry under section 30, a chief building official, an inspector or an officer for any act done in good faith in the execution or intended execution of any power or duty under this Act or the regulations or for any alleged neglect or default in the execution in good faith of that power or duty.  1992, c. 23, s. 31 (1); 1997, c. 24, s. 224 (16). Liability (2) Subsection (1) does not relieve the Crown, a municipality, an upper-tier municipality, a board of health, a planning board or a conservation authority of liability in respect of a tort committed by their respective chief building official or inspectors to which they would otherwise be subject and the Crown, municipality or upper-tier municipality, board of health, planning board or conservation authority is liable for any such tort as if subsection (1) were not enacted.  2002, c. 17, Sched. F, Table. Immunity re registered code agencies (3) The Crown, a municipality, an upper-tier municipality, a board of health, a planning board or a conservation authority is not liable for any harm or damage resulting from any act or omission by a registered code agency or by a person authorized by a registered code agency under subsection 15.17 (1) in the performance or intended performance of any function set out in section 15.15.  2002, c. 9, s. 47; 2002, c. 17, Sched. C, s. 6 (1). Same (4) The Crown, a municipality, an upper-tier municipality, a board of health, a planning board or a conservation authority is not liable for any harm or damage resulting from any act or omission in the execution or intended execution of any power or duty under this Act or the regulations by their respective chief building official or inspectors if the act was done or omitted in reasonable reliance on a certificate issued or other information given under this Act by a registered code agency or by a person authorized by a registered code agency under subsection 15.17 (1).  2002, c. 9, s. 47; 2002, c. 17, Sched. C, s. 6 (2). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (16) - 17/06/1998; 1997, c. 30, Sched. B, s. 15 - 06/04/1998; 1999, c. 12, Sched. M, s. 10 - 22/12/1999 2002, c. 9, s. 46, 47 - 01/07/2005; 2002, c. 17, Sched. C, s. 6 (1, 2) - 01/07/2005; 2002, c. 17, Sched. F, Table - 01/01/2003 32 Repealed:  2002, c. 9, s. 48. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 48 - 01/07/2005; 2002, c. 17, Sched. F, Table - 01/01/2003 32.1 Repealed:  2002, c. 9, s. 49. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 16 - 06/04/1998 2002, c. 9, s. 49 - 01/07/2005; 2002, c. 17, Sched. F, Table - 01/01/2003 33 Repealed:  2002, c. 9, s. 50. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 50 - 01/07/2005; 2002, c. 17, Sched. F, Table - 01/01/2003
35 (1) This Act and the building code supersede all municipal by-laws respecting the construction or demolition of buildings.  1992, c. 23, s. 35 (1). Different treatments (2) In the event that this Act or the building code and a municipal by-law treat the same subject-matter in different ways in respect to standards for the use of a building described in section 10 or standards for the maintenance or operation of a sewage system, this Act or the building code prevails and the by-law is inoperative to the extent that it differs from this Act or the building code.  1992, c. 23, s. 35 (2); 1997, c. 30, Sched. B, s. 18 (1). Interpretation (3) For the purpose of this section, a municipal by-law includes a by-law of an upper-tier municipality and a local board as defined in the Municipal Affairs Act.  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 18 (1, 2) - 06/04/1998 2002, c. 17, Sched. F, Table - 01/01/2003
35.1 A regulation made by a conservation authority under this Act is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2002, c. 9, s. 52; 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 52 - 01/07/2005 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
37 (1) In any prosecution for an offence under this Act, a copy of a direction or order purporting to have been made under this Act or the regulations and purporting to have been signed by the person authorized by this Act to make the direction or order is, in the absence of evidence to the contrary, proof of the direction or order without proof of the signature or authority.  1992, c. 23, s. 37 (1). Same (2) A statement as to any matter of record in an office of the chief building official or an officer purporting to be certified by the chief building official or the officer is, without proof of the office or signature of the chief building official or officer, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein in any civil proceeding or proceeding under the Provincial Offences Act.  1997, c. 24, s. 224 (18). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (18) - 17/06/1998
38 (1) Where it appears to a chief building official that a person does not comply with this Act, the regulations or an order made under this Act, despite the imposition of any penalty in respect of the non-compliance and in addition to any other rights he or she may have, the chief building official may apply to the Superior Court of Justice for an order directing that person to comply with the provision.  1992, c. 23, s. 38 (1); 2002, c. 9, s. 54. Idem (2) Upon the application under subsection (1), the judge may make the order or such other order as the judge thinks fit.  1992, c. 23, s. 38 (2). Appeal (3) An appeal lies to the Divisional Court from an order made under subsection (1).  1992, c. 23, s. 38 (3). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 54 - 01/09/2003