ONTARIO REGULATION
389/05
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)  Subclauses 1.1.3.3.(1)(a)(i), (iv), (vi) and (vii) of Ontario Regulation 403/97 are revoked.

      (2)  Clause 1.1.3.3.(1)(a) of the Regulation is amended by adding the following subclauses:

                   (xi.1)    Section 168.3.1 of the Environmental Protection Act with respect to the construction of a building to be used in connection with a change of use of a property,

                   (xi.2)    Paragraph 2 of Subsection 168.6 (1) of the Environmental Protection Act if a certificate of property use has been issued in respect of the property under subsection 168.6 (1) of that Act,

      (3)  Clause 1.1.3.3.(1)(a) of the Regulation is amended by adding the following subclause:

                  (xv.1)    Section 11.1 of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002 with respect to a proposed building or structure to house farm animals or store nutrients if that regulation requires the preparation and approval of a nutrient management strategy before construction of the proposed building or structure,

      (4)  Clause 1.1.3.3.(1)(a) of the Regulation is amended by adding the following subclause:

              (xviii.1)    Section 14 of the Ontario Planning and Development Act, 1994 with respect to any conflict between a development plan made under that Act and a zoning by-law that affects the proposed building or structure,

      (5)  Subclause 1.1.3.3.(1)(b)(vii) of the Regulation is revoked.

      (6)  Subclause 1.1.3.3.(1)(b)(ix) of the Regulation is revoked and the following substituted:

                      (ix)    Section 46 of the Planning Act,

      (7)  Subclause 1.1.3.3.(1)(b)(xi) of the Regulation is revoked.

      (8)  Clause 1.1.3.3.(1)(e) of the Regulation is revoked and the following substituted:

         (e)    orders made by the Minister under section 47 of the Planning Act or subsection 17 (1) of the Ontario Planning and Development Act, 1994, and

      2.  (1)  Subject to subsection (2), this Regulation comes into force on the later of July 1, 2005 and the day it is filed.

      (2)  Subsection 1 (2) comes into force on October 1, 2005.