jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) The Minister is responsible for the administration of this Act.  1992, c. 23, s. 2 (1). Director (2) There shall be a director of the Building and Development Branch of the Ministry of Municipal Affairs and Housing who is appointed by the Lieutenant Governor in Council for the purposes of this Act.  2002, c. 9, s. 5. Acting director (3) The director may designate in writing a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry of Municipal Affairs and Housing to exercise the powers and perform the duties of the director in his or her absence or if he or she is unable to act.  2009, c. 33, Sched. 21, s. 2 (1). Delegation (4) The director may delegate in writing any of his or her powers or duties to one or more public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry of Municipal Affairs and Housing, and may impose conditions or restrictions with respect to the delegation. 2009, c. 33, Sched. 21, s. 2 (1). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1997, c. 24, s. 224 (4) - 17/06/1998 2002, c. 9, s. 4 - 01/07/2005; 2002, c. 9, s. 5
- 01/09/2003 2009, c. 33, Sched. 21, s. 2 (1) - 15/12/2009
3 (1) The council of each municipality is responsible for the enforcement of this Act in the municipality, except where otherwise provided by this Act.  2002, c. 9, s. 6 (1). Chief building official, inspectors (2) The council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of this Act in the areas in which the municipality has jurisdiction.  1992, c. 23, s. 3 (2). (2.1) Repealed:  2002, c. 9, s. 6 (2). Joint enforcement (3) The councils of two or more municipalities may  enter into an agreement, (a)  providing for the joint enforcement of this Act within their respective municipalities; (b)  providing for the sharing of costs incurred in the enforcement of this Act within their respective municipalities; and (c)  providing for the appointment of a chief building official and inspectors.  1992, c. 23, s. 3 (3). Joint jurisdiction (4) If an agreement under subsection (3) is in effect, the municipalities have joint jurisdiction in the area comprising the municipalities.  1992, c. 23, s. 3 (4). Enforcement by upper-tier (5) The council of an upper-tier municipality and of one or more municipalities in the upper-tier municipality may enter into an agreement for the enforcement by the upper-tier municipality of this Act in the municipalities and for charging the municipalities the whole or part of the cost.  2002, c. 17, Sched. F, Table. Power of upper-tier (6) If an agreement under subsection (5) is in effect, the upper-tier municipality has jurisdiction for the enforcement of this Act in the municipalities that are parties to the agreement and shall appoint a chief building official and such inspectors as are necessary for that purpose.  2002, c. 17, Sched. F, Table. (7) Repealed:  2002, c. 17, Sched. F, Table. Certificate (8) The clerk of the municipality or upper-tier municipality shall issue a certificate of appointment bearing the clerk’s signature or a facsimile of it to the chief building official and each inspector appointed by the municipality or upper-tier municipality.  1992, c. 23, s. 3 (8); 2002, c. 17, Sched. F, Table. Records (9) Every municipality and every upper-tier municipality that has jurisdiction for the enforcement of this Act shall retain such records as may be prescribed by regulation for the prescribed period of time.  2002, c. 9, s. 6 (3); 2002, c. 17, Sched. C, s. 2 (1). Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 2 - 06/04/1998 2000, c. 5, s. 7 - 01/01/2001 2002, c. 9, s. 6 (1, 2) - 01/09/2003; 2002, c. 9, s. 6 (3) - 01/07/2005; 2002, c. 17, Sched. C, s. 2 (1) - 01/07/2005; 2002, c. 17, Sched. F, Table - 01/01/2003
3.1 (1) A board of health, a planning board or a conservation authority prescribed in the building code is responsible for the enforcement of the provisions of this Act and the building code related to sewage systems in the municipalities and territory without municipal organization prescribed in the building code.  1997, c. 30, Sched. B, s. 3; 1999, c. 12, Sched. M, s. 2 (1). Inspectors (2) The board of health, planning board or conservation authority shall appoint such sewage system inspectors as are necessary for the enforcement of this Act in the areas in which the board of health, planning board or conservation authority has jurisdiction under subsection (1).  1997, c. 30, Sched. B, s. 3; 1999, c. 12, Sched. M, s. 2 (2). Powers (3) A sewage system inspector appointed under this section in an area of jurisdiction or, if there is more than one inspector in the area of jurisdiction, the inspector designated by the board of health, planning board or conservation authority has the same powers and duties in relation to sewage systems as does the chief building official in respect of buildings.  1997, c. 30, Sched. B, s. 3; 1999, c. 12, Sched. M, s. 2 (3). Jurisdiction (4) A board of health, planning board or conservation authority prescribed for the purposes of subsection (1) has jurisdiction for the enforcement of this Act in the prescribed municipalities and territory without municipal organization.  1997, c. 30, Sched. B, s. 3; 1999, c. 12, Sched. M, s. 2 (4). Responsibility (5) If sewage system inspectors have been appointed under this section, the chief building official and inspectors appointed under section 3 or 4 shall not exercise their powers under this Act in respect of sewage systems.  1997, c. 30, Sched. B, s. 3. Certificate (6) The medical officer of health or the secretary-treasurer of a planning board or conservation authority shall issue a certificate of appointment bearing his or her signature, or a facsimile of it, to each sewage system inspector appointed by the board of health, planning board or conservation authority.  1997, c. 30, Sched. B, s. 3; 1999, c. 12, Sched. M, s. 2 (5). Records (7) Every board of health, planning board and conservation authority prescribed for the purposes of subsection (1) shall retain such records as may be prescribed by regulation for the prescribed period of time.  2002, c. 9, s. 7. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 3 - 06/04/1998; 1999, c. 12, Sched. M, s. 2 (1-5) - 22/12/1999 2002, c. 9, s. 7 - 01/07/2005
4 (1) Subject to section 3.1, Ontario is responsible for the enforcement of this Act in a territory without municipal organization.  1992, c. 23, s. 4 (1); 1997, c. 30, Sched. B, s. 4. Agreements (2) The council of a municipality and the Crown in right of Ontario represented by the Minister may enter into an agreement providing for the enforcement of this Act in the municipality by Ontario subject to such payment in respect of costs as is set out in the agreement.  1992, c. 23, s. 4 (2). Idem (3) If an agreement under subsection (2) is in effect, Ontario has jurisdiction for the enforcement of this Act in the municipality.  1992, c. 23, s. 4 (3). Inspectors (4) The Deputy Minister of Municipal Affairs and Housing shall appoint inspectors necessary for the enforcement of this Act in the areas in which Ontario has jurisdiction. 2023, c. 10, Sched. 1, s. 1. Chief building official (5) The director is the chief building official for the areas in which Ontario has jurisdiction.  1992, c. 23, s. 4 (5). Certificate (6) The Deputy Minister of Municipal Affairs and Housing shall issue a certificate of appointment bearing his or her signature or a facsimile of it to the director and each inspector appointed under subsection (4).  1992, c. 23, s. 4 (6); 1997, c. 24, s. 224 (5). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (5) - 17/06/1998; 1997, c. 30, Sched. B, s. 4 - 06/04/1998 2006, c. 35, Sched. C, s. 8 (1) - 20/08/2007 2023, c. 10, Sched. 1, s. 1 - 08/06/2023
4.1 (1) Subject to this Act and the building code, a principal authority may enter into agreements with registered code agencies authorizing the agency to perform the functions specified in the agreement in respect of the construction of any building or class of building specified in the agreement. 2002, c. 9, s. 8. Appointment (2) After entering into the agreement with the registered code agency, the principal authority may appoint the agency to perform specified functions in respect of the construction of a building or class of buildings. 2002, c. 9, s. 8. Delegation of power to appoint (3) The principal authority may delegate, in writing, to the chief building official the authority to make appointments described in subsection (2), and may impose conditions or restrictions with respect to the delegation. 2002, c. 9, s. 8; 2020, c. 18, Sched. 1, s. 1. Same (4) Unless otherwise provided in the building code, an appointment of a registered code agency may authorize the agency to perform all of the applicable functions described in section 15.15, (a)  before a permit is issued under section 8; (b)  after a permit is issued under section 8; or (c)  both before and after a permit is issued under section 8. 2002, c. 9, s. 8. Conflicts (5) A registered code agency shall not accept an appointment in the circumstances set out in the building code or if it would have a conflict of interest as determined in accordance with the building code. 2002, c. 9, s. 8. Effect of appointment (6) A registered code agency shall perform the functions specified in the appointment for the construction of a specified building or class of buildings and subject to the restrictions set out in this Act and the building code, and shall do so in the manner and subject to the restrictions, if any, set out in the building code. 2002, c. 9, s. 8. Same (7) The duty of the registered code agency to perform those functions begins when the appointment is made and ends when the appointment expires as described in section 15.19 or is terminated in accordance with section 15.20. 2002, c. 9, s. 8. Notice to the director (8) A principal authority that appoints a registered code agency shall give the director such information as may be prescribed by regulation. 2002, c. 9, s. 8. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 8 - 01/07/2005 2020, c. 18, Sched. 1, s. 1 - 21/07/2020
4.2 (1) This section applies only if a principal authority authorizes it, by regulation, by-law or resolution, as the case may be, to apply within the jurisdiction of the principal authority.  2002, c. 9, s. 8. Appointment (2) Subject to this Act and the building code, a prescribed person who is entitled to apply for a permit under section 8 of this Act may appoint a registered code agency to perform all of the functions described in section 15.15 in respect of the construction of a building.  2002, c. 9, s. 8. Exception (3) Subsection (2) does not apply, (a)  if a registered code agency has been appointed by a principal authority to perform any function in respect of the construction; or (b)  if an inspector has begun to perform any function in respect of the construction.  2002, c. 9, s. 8. Manner of appointment (4) The appointment must be made in writing in the prescribed manner and is subject to the prescribed conditions and restrictions.  2002, c. 9, s. 8. Conflicts (5) A registered code agency shall not accept an appointment in the circumstances set out in the building code or if it would have a conflict of interest as determined in accordance with the building code.  2002, c. 9, s. 8. Effect of appointment (6) A registered code agency shall perform its functions for the specified building subject to the restrictions set out in this Act and the building code and shall do so in the manner and subject to the restrictions, if any, set out in the building code.  2002, c. 9, s. 8. Same (7) The duty of the registered code agency to perform those functions begins when the appointment is made and ends when the appointment expires as described in section 15.19 or is terminated in accordance with section 15.20.  2002, c. 9, s. 8. Replacement agency (8) A person who has appointed a registered code agency under subsection (2) in respect of the construction of a building cannot replace the agency after it has begun to perform any function in respect of the construction unless the appointment of that agency has expired as described in section 15.19 or has been terminated in accordance with section 15.20.  2002, c. 9, s. 8. Notice to director (9) The person who appoints a registered code agency under this section shall give the director such information as may be prescribed by regulation.  2002, c. 9, s. 8. Notice to chief building official (10) The person who appoints a registered code agency under this section shall give the chief building official such information as may be prescribed by regulation.  2002, c. 9, s. 8. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 8 - 01/07/2005
5 (1) The council of a municipality and the Crown in right of Ontario represented by the Minister may enter into an  agreement providing for the enforcement of this Act by the municipality in such part of the territory without municipal organization and subject to such payment in respect of costs as is set out in the agreement.  1992, c. 23, s. 5 (1); 2017, c. 34, Sched. 2, s. 3. Area of municipal jurisdiction (2) The municipality has jurisdiction for the enforcement of this Act in the area designated in the agreement.  1992, c. 23, s. 5 (2). Application (3) An agreement under this section may apply to the enforcement of all or any part of this Act or the building code.  1997, c. 30, Sched. B, s. 5. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 5 - 06/04/1998 2017, c. 34, Sched. 2, s. 3 - 14/12/2017
6 (1) Two or more principal authorities may enter into an agreement providing for, (a)  the review by a principal authority for compliance with the building code of plans and specifications for the construction of a building within its area of jurisdiction; (b)  an expedited review by another principal authority for compliance with the building code of plans and specifications for the construction of substantially similar buildings; (c)  the allocation of responsibility for reviews for compliance with the building code of plans and specifications for the construction of buildings; (d)  the resolution of disagreements about whether plans and specifications comply with the building code; (e)  indemnification; and (f)  such other matters as may be necessary to give effect to the agreement.  2002, c. 9, s. 9. Delegation (2) A principal authority may delegate to the chief building official the authority to make such decisions under an agreement as may be necessary for its implementation.  2002, c. 9, s. 9. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 9 - 01/07/2005
6.2 (1) Despite any other provision of this Act, the council of an upper-tier municipality and of one or more municipalities in the upper-tier municipality may enter into an agreement for the enforcement by the upper-tier municipality of the provisions of this Act and the building code related to sewage systems in the municipalities and for charging the municipalities the whole or part of the cost.  2002, c. 17, Sched. C, s. 3 (8). Delegation (2) A municipality that is not a party to an agreement under subsection (1) may enter into an agreement with a board of health or a conservation authority having jurisdiction in the municipality for the enforcement of the provisions of this Act and the building code related to sewage systems.  2002, c. 9, s. 10. Inspectors (3) The council of an upper-tier municipality, board of health or conservation authority may appoint sewage system inspectors for the purposes of this section.  2002, c. 9, s. 10; 2002, c. 17, Sched. C, s. 3 (9). Powers (4) A sewage system inspector appointed under this section in an area of jurisdiction or, if there is more than one inspector in the area of jurisdiction, the inspector designated by the council of an upper-tier municipality, board of health or conservation authority has the same powers and duties in relation to sewage systems as does the chief building official in respect of buildings.  2002, c. 9, s. 10; 2002, c. 17, Sched. C, s. 3 (10). Responsibility (5) If sewage system inspectors have been appointed under this section, the chief building official and inspectors appointed under section 3 or 4 shall not exercise their powers under this Act in respect of sewage systems.  2002, c. 9, s. 10. Application (6) Subsections 3 (8) and (9) and section 7 apply with necessary modifications to the council of an upper-tier municipality, board of health or conservation authority that has assumed responsibility for sewage systems under this section.  2002, c. 9, s. 10; 2002, c. 17, Sched. C, s. 3 (11). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 10 - 01/07/2005; 2002, c. 17, Sched. C, s. 3 (8-11) - 01/07/2005
7.1 (1) A principal authority shall establish and enforce a code of conduct for the chief building official and inspectors.  2002, c. 9, s. 12. Purposes (2) The following are the purposes of a code of conduct: 1.  To promote appropriate standards of behaviour and enforcement actions by the chief building official and inspectors in the exercise of a power or the performance of a duty under this Act or the building code. 2.  To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the chief building official and inspectors in the exercise of a power or the performance of a duty under this Act or the building code. 3.  To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under this Act or the building code by the chief building official and inspectors.  2002, c. 9, s. 12. Contents (3) A code of conduct must provide for its enforcement and include policies or guidelines to be used when responding to allegations that the code has been breached and disciplinary actions that may be taken if the code is breached.  2002, c. 9, s. 12. Public notice (4) The principal authority shall ensure that the code of conduct is brought to the attention of the public.  2002, c. 9, s. 12. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. M, s. 4 - 22/12/1999 2002, c. 9, s. 12 - 01/07/2005 Construction and Demolition
10 (1) Even though no construction is proposed, no person shall change the use of a building or part of a building or permit the use to be changed if the change would result in an increase in hazard, as determined in accordance with the building code, unless a permit has been issued by the chief building official.  2002, c. 9, s. 16. Permit (2) The chief building official shall issue a permit under subsection (1), unless, (a)  the building if used as proposed would result in a contravention of this Act or the building code or any other applicable law; (b)  the application for it is incomplete; or (c)  any fees due are unpaid.  1992, c. 23, s. 10 (2). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 16 - 01/09/2003
10.1 No person shall operate or maintain a sewage system or permit a sewage system to be operated or maintained except in accordance with this Act and the building code.  1997, c. 30, Sched. B, s. 9. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. B, s. 9 - 06/04/1998
10.2 (1) At each stage of construction specified in the building code, the prescribed person shall notify the chief building official or the registered code agency, if any, that the construction is ready to be inspected.  2002, c. 9, s. 17. Inspection (2) After the notice is received, an inspector or the registered code agency, as the case may be, shall carry out the inspection required by the building code within the prescribed period.  2002, c. 9, s. 17. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 17 - 01/07/2005
11 (1) Except as authorized by the building code, a person shall not occupy or use a building or part of a building that is newly erected or installed or permit it to be occupied or used until the requirements set out in this section are met.  2002, c. 9, s. 18. Notice of date of completion (2) Notice of the date of completion of the building or part must be given to the chief building official or the registered code agency, if any.  2002, c. 9, s. 18. Final certificate (3) If a registered code agency has been appointed for the building or part of the building by a principal authority to perform the functions described in clause 4.1 (4) (b) or (c) or has been appointed under section 4.2, a final certificate that contains the prescribed information must be issued.  2002, c. 9, s. 18. Inspection, etc. (4) If subsection (3) does not apply, (a)  either the building or part must be inspected or 10 days must elapse after notice of the date of completion is served on the chief building official; and (b)  any order made under section 12 must be complied with.  2002, c. 9, s. 18. Section Amendments with date in force (d/m/y) 2002, c. 9, s. 18 - 01/07/2005
12 (1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting the building or site to determine whether or not the following are being complied with: 1.  This Act. 2.  The building code. 3.  An order made under this Act. 2017, c. 34, Sched. 2, s. 6 (1) Order (2) An inspector who finds a contravention of this Act or the building code may make an order directing compliance with this Act or the building code and may require the order to be carried out immediately or within such time as is specified in the order.  1992, c. 23, s. 12 (2). Service (3) The order shall be served on the person whom the inspector believes is contravening this Act or the building code.  1992, c. 23, s. 12 (3). Form and contents (4) The prescribed form or the form approved by the Minister must be used for the order and it must contain sufficient information to specify the nature of the contravention and its location and the nature of the compliance that is required.  2002, c. 9, s. 19; 2006, c. 21, Sched. F, s. 104 (6). Posting and making information available (5) A copy of an order made under subsection (2) may be, (a)  posted on the site of the construction or demolition in a location visible to the public; (b)  made available to the public by, (i)  posting the copy of the order on the website of the principal authority, or (ii)  allowing members of the public, during normal business hours, to inspect and copy the order at their own expense; and (c)  registered in the proper land registry office. 2017, c. 34, Sched. 2, s. 6 (2). Registration (6) If an order made under subsection (2) is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served. 2017, c. 34, Sched. 2, s. 6 (2). Discharge (7) When the requirements of an order described in subsection (6) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order. 2017, c. 34, Sched. 2, s. 6 (2). Same (8) In the case of an order that has been made available to the public in accordance with clause (5) (b), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied. 2017, c. 34, Sched. 2, s. 6 (2). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 19 - 01/07/2005 2006, c. 21, Sched. F, s. 104 (6) - 25/07/2007 2017, c. 34, Sched. 2, s. 6 (1, 2) - 14/12/2017
15.1 (1) In sections 15.1 to 15.8 inclusive, “committee” means a property standards committee established under section 15.6; (“comité”) “occupant” means any person or persons over the age of 18 years in possession of the property; (“occupant”) “owner” includes, (a)  the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person’s own account or as agent or trustee of any other person, or who would receive the rent if the land and premises were let, and (b)  a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property; (“propriétaire”) “property” means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property; (“bien”) “repair” includes the provision of facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a property conforms with the standards established in a by-law passed under this section. (“réparation”)  1997, c. 24, s. 224 (8). Adoption of policy (2) Where there is no official plan in effect in a municipality, the council of a municipality may, by by-law approved by the Minister, adopt a policy statement containing provisions relating to property conditions.  1997, c. 24, s. 224 (8). Standards for maintenance and occupancy (3) The council of a municipality may pass a by-law to do the following things if an official plan that includes provisions relating to property conditions is in effect in the municipality or if the council of the municipality has adopted a policy statement as mentioned in subsection (2): 1.  Prescribing standards for the maintenance and occupancy of property within the municipality or within any defined area or areas and for prohibiting the occupancy or use of such property that does not conform with the standards. 2.  Requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or the site to be cleared of all buildings, structures, debris or refuse and left in graded and levelled condition.  1997, c. 24, s. 224 (8). No distinction on the basis of relationship (4) The authority to pass a by-law under subsection (3) does not include the authority to pass a by-law that sets out requirements, standards or prohibitions that have the effect of distinguishing between persons who are related and persons who are unrelated in respect of the occupancy or use of a property, including the occupancy or use as a single housekeeping unit.  1997, c. 24, s. 224 (8). Provision of no effect (5) A provision in a by-law is of no effect to the extent that it contravenes the restrictions described in subsection (4).  1997, c. 24, s. 224 (8). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (8) - 17/06/1998 2002, c. 9, s. 23 - 01/07/2005
15.2 (1) Where a by-law under section 15.1 is in effect, an officer may, upon producing proper identification, enter upon any property at any reasonable time without a warrant for the purpose of inspecting the property to determine, (a)  whether the property conforms with the standards prescribed in the by-law; or (b)  whether an order made under subsection (2) has been complied with.  1997, c. 24, s. 224 (8). Contents of order (2) An officer who finds that a property does not conform with any of the standards prescribed in a by-law passed under section 15.1 may make an order, (a)  stating the municipal address or the legal description of the property; (b)  giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition; (c)  indicating the time for complying with the terms and conditions of the order and giving notice that, if the repair or clearance is not carried out within that time, the municipality may carry out the repair or clearance at the owner’s expense; and (d)  indicating the final date for giving notice of appeal from the order.  1997, c. 24, s. 224 (8). Service and posting of order (3) The order shall be served on the owner of the property and such other persons affected by it as the officer determines and a copy of the order may be posted on the property in a location visible to the public.  1997, c. 24, s. 224 (8); 2017, c. 34, Sched. 2, s. 9. Registration of order (4) The order may be registered in the proper land registry office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served under subsection (3) and, when the requirements of the order have been satisfied, the clerk of the municipality shall forthwith register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.  1997, c. 24, s. 224 (8). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (8) - 17/06/1998 2017, c. 34, Sched. 2, s. 9 - 14/12/2017
15.3 (1) An owner or occupant who has been served with an order made under subsection 15.2 (2) and who is not satisfied with the terms or conditions of the order may appeal to the committee by sending a notice of appeal by registered mail to the secretary of the committee within 14 days after being served with the order.  1997, c. 24, s. 224 (8). Confirmation of order (2) An order that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed.  1997, c. 24, s. 224 (8). Duty of committee (3) The committee shall hear the appeal.  2002, c. 9, s. 24. Powers of committee (3.1) On an appeal, the committee has all the powers and functions of the officer who made the order and the committee may do any of the following things if, in the committee’s opinion, doing so would maintain the general intent and purpose of the by-law and of the official plan or policy statement: 1.  Confirm, modify or rescind the order to demolish or repair. 2.  Extend the time for complying with the order.  2002, c. 9, s. 24. Appeal to court (4) The municipality in which the property is situate or any owner or occupant or person affected by a decision under subsection (3.1) may appeal to the Superior Court of Justice by notifying the clerk of the municipality in writing and by applying to the court within 14 days after a copy of the decision is sent.  2002, c. 9, s. 24. Appointment (5) The Superior Court of Justice shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and the persons upon whom the appointment is to be served.  2002, c. 9, s. 24. Judge’s powers (6) On the appeal, the judge has the same powers and functions as the committee.  1997, c. 24, s. 224 (8). Effect of decisions (7) An order that is deemed to be confirmed under subsection (2) or that is confirmed or modified by the committee under subsection (3) or a judge under subsection (6), as the case may be, shall be final and binding upon the owner and occupant who shall carry out the repair or demolition within the time and in the manner specified in the order.  1997, c. 24, s. 224 (8). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (8) - 17/06/1998 2002, c. 9, s. 24 - 01/09/2003
15.4 (1) If an order of an officer under section 15.2 (2) is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the committee or a judge, the municipality may cause the property to be repaired or demolished accordingly.  1997, c. 24, s. 224 (8). Warrantless entry (2) For the purpose of subsection (1), employees or agents of the municipality may enter the property at any reasonable time without a warrant in order to repair or demolish the property.  1997, c. 24, s. 224 (8). No liability (3) Despite subsection 31 (2), a municipal corporation or a person acting on its behalf is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under subsection (1).  1997, c. 24, s. 224 (8). Lien (4) The municipality shall have a lien on the land for the amount spent on the repair or demolition under subsection (1) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be.  2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 3 (2). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (8) - 17/06/1998 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 3 (2) - 01/01/2007
15.4.1 (1) A municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with, (a)  a by-law of the municipality passed under section 15.1; or (b)  an order of an officer under subsection 15.2 (2) as deemed confirmed or as confirmed or modified by the committee or a judge under section 15.3. 2017, c. 34, Sched. 2, s. 10. Purpose of administrative penalties (2) The purpose of a system of administrative penalties established by a municipality under this section shall be to assist the municipality in promoting compliance with a by-law under section 15.1 or an order under subsection 15.2 (2). 2017, c. 34, Sched. 2, s. 10. Monetary limit (3) The amount of an administrative penalty established by a municipality, (a)  shall not be punitive in nature; and (b)  shall not exceed the amount reasonably required to promote compliance with a by-law under section 15.1 or an order under subsection 15.2 (2). 2017, c. 34, Sched. 2, s. 10. Effect on offences (4) If a person is required by a municipality to pay an administrative penalty under subsection (1) in respect of a contravention, the person shall not be charged with an offence in respect of the same contravention. 2017, c. 34, Sched. 2, s. 10. Regulations (5) The Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of this section, including, (a)  granting a municipality powers with respect to requiring that persons pay administrative penalties and with respect to other matters necessary for a system of administrative penalties; (b)  imposing conditions and limitations on a municipality’s powers with respect to administrative penalties. 2017, c. 34, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 2, s. 10 - 14/12/2017
15.4.2 (1) An administrative penalty imposed by a municipality on a person under section 15.4.1 constitutes a debt of the person to the municipality. 2017, c. 34, Sched. 2, s. 10. Amount owing added to tax roll (2) If an administrative penalty imposed under section 15.4.1 is not paid within 15 days after the day that it becomes due and payable, the treasurer of the municipality may add the administrative penalty to the tax roll for any property in the municipality for which all of the registered owners are responsible for paying the administrative penalty, and collect it in the same manner as municipal taxes. 2017, c. 34, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 2, s. 10 - 14/12/2017
15.5 (1) An officer who, after inspecting a property, is of the opinion that the property is in compliance with the standards established in a by-law passed under section 15.1 may issue a certificate of compliance to the owner.  1997, c. 24, s. 224 (8). Request for certificate (2) An officer shall issue a certificate to an owner who requests one and who pays the fee set by the council of the municipality in which the property is located.  1997, c. 24, s. 224 (8). Fee for certificate (3) A council of a municipality may set a fee for the issuance of a certificate.  1997, c. 24, s. 224 (8). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (8) - 17/06/1998
15.6 (1) A by-law passed under section 15.1 shall provide for the establishment of a committee composed of such persons, not fewer than three, as the council considers advisable to hold office for such term and on such conditions as the by-law may establish.  1997, c. 24, s. 224 (8). Filling of vacancies (2) The council of the municipality shall forthwith fill any vacancy that occurs in the membership of the committee.  1997, c. 24, s. 224 (8). Compensation (3) The members of the committee shall be paid such compensation as the council may provide.  1997, c. 24, s. 224 (8). Chair (4) The members shall elect a chair from among themselves; when the chair is absent through illness or otherwise, the committee may appoint another member as acting chair.  1997, c. 24, s. 224 (8). Quorum (5) A majority of the members constitutes a quorum for transacting the committee’s business.  1997, c. 24, s. 224 (8). Secretary (6) The members shall provide for a secretary for the committee.  1997, c. 24, s. 224 (8). Duty of secretary (7) The secretary shall keep on file the records of all official business of the committee, including records of all applications and minutes of all decisions respecting those applications, and section 253 of the Municipal Act, 2001 or section 199 of the City of Toronto Act, 2006, as the case may be, applies with necessary modifications to the minutes and records.  2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 3 (3). Rules of procedure and oaths (8) The committee may, subject to subsection (9), adopt its own rules of procedure and any member may administer oaths.  1997, c. 24, s. 224 (8). Where committee required to give notice (9) The committee shall give notice or direct that notice be given of the hearing of an appeal to such persons as the committee considers advisable.  1997, c. 24, s. 224 (8). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (8) - 17/06/1998 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 3 (3) - 01/01/2007
15.8 (1) For the purposes of an inspection under section 15.2, an officer may, (a)  require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the property or any part thereof; (b)  inspect and remove documents or things relevant to the property or part thereof for the purpose of making copies or extracts; (c)  require information from any person concerning a matter related to a property or part thereof; (d)  be accompanied by a person who has special or expert knowledge in relation to a property or part thereof; (e)  alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection; and (f)  order the owner of the property to take and supply at the owner’s expense such tests and samples as are specified in the order.  1997, c. 24, s. 224 (8). Samples (2) A sample taken under clause (1) (e) shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if, (a)  the person requests that the sample be divided at the time it is taken and provides the necessary facilities; and (b)  it is technically feasible to divide the sample. 2017, c. 34, Sched. 2, s. 11. Same (3) If an officer takes a sample under clause (1) (e) and has not divided the sample into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.  1997, c. 24, s. 224 (8). Receipt (4) An officer shall provide a receipt for any document or thing removed under clause (1) (b) and shall promptly return them after the copies or extracts are made.  1997, c. 24, s. 224 (8). Evidence (5) Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentiary value as the originals.  1997, c. 24, s. 224 (8). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 224 (8) - 17/06/1998 2017, c. 34, Sched. 2, s. 11 - 14/12/2017 Unsafe Buildings
15.10.1 (1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of conducting a maintenance inspection.  2006, c. 22, s. 112 (8). Order (2) An inspector who finds a contravention of this Act or the building code may make an order directing compliance with this Act or the building code and may require the order to be carried out immediately or within such time as is specified in the order.  2006, c. 22, s. 112 (8). Service (3) The order shall be served on the person whom the inspector believes is contravening this Act or the building code.  2006, c. 22, s. 112 (8). Form and contents (4) The prescribed form or the form approved by the Minister must be used for the order and it must contain sufficient information to specify the nature of the contravention and its location and the nature of the compliance that is required.  2006, c. 22, s. 112 (8). Posting (5) The inspector may post a copy of the order on the site of the maintenance inspection.  2006, c. 22, s. 112 (8). Making information available (6) A copy of an order made under subsection (2) may be, (a)  made available to the public by, (i)  posting the copy of the order on the website of the principal authority, or (ii)  allowing members of the public, during normal business hours, to inspect and copy the order at their own expense; and (b)  registered in the proper land registry office. 2017, c. 34, Sched. 2, s. 14. Registration (7) If an order made under subsection (2) is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served. 2017, c. 34, Sched. 2, s. 14. Discharge (8) When the requirements of an order described in subsection (7) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order. 2017, c. 34, Sched. 2, s. 14. Same (9) In the case of an order that has been made available to the public in accordance with clause (6) (a), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied. 2017, c. 34, Sched. 2, s. 14. Section Amendments with date in force (d/m/y) 2006, c. 22, s. 112 (8) - 03/07/2007 2017, c. 34, Sched. 2, s. 14 - 14/12/2017 Building Condition Evaluation Programs
15.10.2 (1) This section applies in respect of buildings and parts of buildings that are prescribed as subject to a building condition evaluation program under the regulations made under clause 34 (2.3) (a). 2017, c. 34, Sched. 2, s. 15. Maintenance of buildings (2) A building owner shall maintain and operate a building or part of a building to which this section applies in accordance with this Act and the building code. 2017, c. 34, Sched. 2, s. 15. Evaluation (3) A building owner shall ensure that a building or part of a building to which this section applies is evaluated in accordance with this Act and the building code. 2017, c. 34, Sched. 2, s. 15. Building information (4) The building owner shall, in accordance with this Act and the building code, keep all prescribed documentation, records or other information respecting the building or part of the building to which this section applies. 2017, c. 34, Sched. 2, s. 15. Same (5) The building owner shall, in accordance with this Act and the building code, provide a copy of the documentation, records or other information described in subsection (4) to the chief building official upon request and to such other persons as may be prescribed. 2017, c. 34, Sched. 2, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 2, s. 15 - 14/12/2017
15.10.4 Upon receiving a request from a prescribed person, a principal authority shall, in accordance with this Act and the building code, provide prescribed documentation, records or other information respecting a building or part of a building prescribed as subject to a building condition evaluation program. 2017, c. 34, Sched. 2, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 2, s. 15 - 14/12/2017
15.10.5 (1) A principal authority shall adopt and maintain a written policy with respect to, (a)  how a person may submit a complaint to the principal authority respecting, (i)  the maintenance, operation or evaluation of a building or part of a building prescribed as subject to a building condition evaluation program, and (ii)  such other matters as may be prescribed respecting a building or a part of building mentioned in subclause (i); (b)  the circumstances and manner in which the principal authority will respond to a complaint described in clause (a); and (c)  how the principal authority will record complaints and other information described in subsection 15.10.6 (1). 2017, c. 34, Sched. 2, s. 15. Purposes (2) The following are the purposes of a complaints policy: 1.  To inform persons about how information may be brought to the attention of a chief building official or inspector respecting a matter mentioned in clause (1) (a). 2.  To clarify the types of circumstances in which the principal authority considers it appropriate to submit a complaint. 2017, c. 34, Sched. 2, s. 15. Contents (3) A complaints policy shall include the prescribed provisions and provisions respecting the prescribed matters. 2017, c. 34, Sched. 2, s. 15. Public notice (4) The principal authority shall bring the complaints policy to the attention of the public by, (a)  posting a copy of the policy on the website of the principal authority; or (b)  allowing members of the public, during normal business hours, to inspect and copy the policy at their own expense. 2017, c. 34, Sched. 2, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 2, s. 15 - 14/12/2017
15.10.6 (1) A principal authority shall, in accordance with this Act and the building code, maintain a record of, (a)  complaints described in clause 15.10.5 (1) (a) that are submitted to the principal authority; and (b)  any enforcement action taken in response to the complaint or, if no enforcement action is taken, the reasons for not taking action. 2017, c. 34, Sched. 2, s. 15. Information about complaints (2) The principal authority shall provide prescribed information about complaints and enforcement described in subsection (1) in the circumstances and in the manner prescribed. 2017, c. 34, Sched. 2, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 2, s. 15 - 14/12/2017 Qualifications
15.12 (1) No person shall engage in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems unless the person has the qualifications set out in the building code and is registered in accordance with the building code.  2002, c. 9, s. 27; 2006, c. 19, Sched. O, s. 1 (8); 2017, c. 34, Sched. 2, s. 17 (1). Prohibition (2) No person shall represent, directly or indirectly, that the person has the qualifications or is registered as specified in this section if the person does not have those qualifications or is not registered as specified. 2017, c. 34, Sched. 2, s. 17 (2). Duty to notify the chief building official (3) If any part of the construction of a building will be undertaken by a person described in subsection (1) (a “specified person”), no person shall begin or continue the construction of a sewage system, or cause it to begin or continue, unless the person has given the chief building official the prescribed information about the specified person.  2002, c. 9, s. 27; 2006, c. 19, Sched. O, s. 1 (8). Section Amendments with date in force (d/m/y) 2002, c. 9, s. 27 - 01/09/2003 2006, c. 19, Sched. O, s. 1 (8) - 22/06/2006 2017, c. 34, Sched. 2, s. 17 (1, 2) - 14/12/2017