ONTARIO REGULATION
236/05
made under the
Building Code Act, 1992
Amending O. Reg. 403/97
(Building Code)
Note: Ontario Regulation 403/97 has previously been amended. Those amendments are listed in the Table of Regulations – Legislative History Overview which can be found at www.e-Laws.gov.on.ca.
1. (1) The following provisions of Ontario Regulation 403/97 are amended by striking out “June 30, 2005” and substituting “December 31, 2005”:
1. Sentence 2.4.1.1B. (1) in the portion before Clause (a).
2. Sentence 2.4.1.1B. (2).
(2) Table 2.4.1.1B. to Sentence 2.4.1.1B. (9) of the Regulation, as remade by section 1 of Ontario Regulation 146/05, is amended by striking out “Articles 3.2.8.2.” in Column 2 of Clause (b) of Row 4 and substituting “Articles 3.2.8.3.”.
2. The following provisions of the Regulation are amended by striking out “June 30, 2005” and substituting “December 31, 2005”:
1. Clause 2.16.1.1. (1) (a) in the portion before Subclause (i).
2. Clause 2.16.1.1. (1) (c).
3. The following provisions of the Regulation are amended by striking out “July 1, 2005” and substituting “January 1, 2006”:
1. Subparagraph 1 i of Sentence 2.16.2.1. (3).
2. Subparagraph 2 i of Sentence 2.16.2.1. (3).
4. Sentence 2.16.3.1. (1) of the Regulation is amended by striking out “June 30, 2005” and substituting “December 31, 2005” in the portion before Clause (a).
5. Subparagraph 2 i of Sentence 2.16.4.1. (3) is amended by striking out “July 1, 2005” and substituting “January 1, 2006”.
6. The following provisions of the Regulation are amended by striking out “June 30, 2005” and substituting “December 31, 2005”:
1. Sentence 2.17.1.1. (1).
2. Sentence 2.17.2.1. (1).
3. Sentence 2.17.2.2. (1).
4. Sentence 2.17.4.1. (1) in the portion before Clause (a).
5. Sentence 2.17.5.1. (1) in the portion before Clause (a).
7. The following provisions of the Regulation are amended by striking out “July 1, 2005” and substituting “January 1, 2006”:
1. Clause 2.17.4.1. (3) (n).
2. Clause 2.17.5.1. (2) (k).
8. Table 2.20.2.1. to Sentence 2.20.2.1. (1) of the Regulation is amended,
(a) by striking out “Articles 3.2.8.2” in Column 4 of Row 4 and substituting “Articles 3.2.8.3”; and
(b) by striking out “Row 7” in Column 4 of Clause (c) of Row 8 and substituting “Row 7 or 11”.
9. (1) Subsection 2.23.1. of the Regulation is revoked.
(2) The Regulation is amended by adding the following Subsection:
2.23.1. Fees
2.23.1.1. Annual Report
(1) The report referred to in Subsection 7 (4) of the Act shall contain the following information in respect of fees authorized under Clause 7 (1) (c) of the Act:
(a) total fees collected in the 12-month period ending no earlier than three months before the release of the report,
(b) the direct and indirect costs of delivering services related to the administration and enforcement of the Act in the area of jurisdiction of the principal authority in the 12-month period referred to in Clause (a),
(c) a break-down of the costs described in Clause (b) into at least the following categories:
(i) direct costs of administration and enforcement of the Act, including the review of applications for permits and inspection of buildings, and
(ii) indirect costs of administration and enforcement of the Act, including support and overhead costs, and
(d) if a reserve fund has been established for any purpose relating to the administration or enforcement of the Act, the amount of the fund at the end of the 12-month period referred to in Clause (a).
(2) The principal authority shall give notice of the preparation of a report under Subsection 7 (4) of the Act to every person and organization that has requested that the principal authority provide the person or organization with such notice and has provided an address for the notice.
2.23.1.2. Change of Fees
(1) Before passing a by-law, regulation or resolution under Clause 7 (1) (c) of the Act to introduce or change a fee imposed for applications for a permit or for the issuance of a permit, a principal authority shall
(a) hold at least one public meeting at which any person who attends has an opportunity to make representations with respect to the matter,
(b) ensure that a minimum of 21 days notice of the public meeting is given in accordance with Clause (c), including giving 21 days notice to every person and organization that has, within five years before the day of the public meeting, requested that the principal authority provide the person or organization with such notice and has provided an address for the notice,
(c) ensure that the notice under Clause (b),
(i) sets out the intention of the principal authority to pass the by-law, regulation or resolution under Section 7 of the Act and whether the by-law, regulation or resolution would impose any fee that was not in effect on the day the notice is given or would change any fee that was in force on the day the notice is given,
(ii) is sent by regular mail to the last address provided by the person or organization that requested the notice in accordance with Clause (b), and
(iii) sets out the information described in Clause (d) or states that the information will be made available at no cost to any member of the public upon request, and
(d) make the following information available to the public:
(i) an estimate of the costs of administering and enforcing the Act by the principal authority,
(ii) the amount of the fee or of the change to the existing fee, and
(iii) the rationale for imposing or changing the fee.
10. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.
(2) Section 1 and subsection 9 (1) come into force on July 1, 2005.
(3) Subsection 9 (2) comes into force on January 1, 2006.