Proposed Building Code Act, 1992 Change for Unorganized Territories

Bill 97,the Helping Homebuyers, Protecting Tenants Act, 2023 was introduced on April 6, 2023, and received Royal Assent on June 8, 2023.

To support Ontario’s latest Helping Homebuyers, Protecting Tenants housing supply action plan, Bill 97 included changes to the Building Code Act, 1992.

Ontario’s Building Code is a regulation under the Building Code Act, 1992 which sets out minimum administrative and technical requirements for new construction, renovation and change of use of buildings.

Enforcement of the Building Code Act, 1992 and Building Code in areas without municipal organization (i.e., in unincorporated areas) is the responsibility of the Ministry of Municipal Affairs and Housing. While buildings constructed within unincorporated areas do not require building permits, they must still comply with minimum standards set out in the Building Code.

Recently increased development interest within unincorporated areas has led the Minister to address barriers within the Building Code Act, 1992, that limit options for enforcement of Ontario’s Building Code to ensure public safety and protect homebuyers.

Previously, the Building Code Act, 1992 only permitted enforcement sharing arrangements with a municipality or a Registered Code Agency.

The change provides additional options for the Ministry to enforce the Act and the Code in its area of jurisdiction by allowing the Ministry to appoint a person or an entity like a municipal services association to be responsible for building inspections for unorganized territories.

An inspector is required to be a registered building inspector and would be authorized to conduct inspections on behalf of the Director of the Building and Development Branch in their role as Chief Building Official for unincorporated areas.

There are no new administrative costs anticipated for regulated entities as there is no change to current requirements to comply with Ontario’s Building Code.