Proposed Good Government Act 2009 - includes amendments to the Building Code Act, 1992

On October 27, 2009, the proposed Good Government Act, 2009 (Bill 212) was introduced into the Legislature.  The Legislation can be found at http://www.ontla.on.ca/web/bills/bills_current.do?locale=en

This Bill proposes amendments to a number of existing statutes.  Several of these amendments would have implications for the regulation of buildings and therefore are of interest to Ministry stakeholders in the municipal enforcement and building sectors.

Bill 212 (Schedule 21) proposes a number of amendments to the Building Code Act, 1992 (BCA), including the following:

• Complete Permit Application:

Subsection 8 (2.2) of the BCA currently provides that when an application for a permit contains the prescribed information, the chief building official is required to decide within the prescribed period whether to issue the permit or to refuse to issue it.  It is proposed that subsection 8 (2.2) be re-enacted to provide that the obligation arises if an application meets the prescribed requirements, unless the prescribed circumstances apply.  This legislative change, if passed by the Legislature, would offer greater flexibility to establish, by regulation, clear criteria for when a building permit is subject to the required timeframes. Such an amendment would provide greater clarity for both municipalities and builders.

• Ontario New Home Warranties Plan Act Enforcement:

It is proposed that a new subsection 8 (8.1) be added to the BCA, requiring that the chief building official give to the corporation designated under section 2 of the Ontario New Home Warranties Plan Act, currently Tarion Warranty Corporation, prescribed information relating to permits issued under section 8 and the applications for those permits.  This legislative change, if passed by the Legislature, would facilitate enforcement of the Ontario New Home Warranties Plan Act and promote consumer protection and public safety. 

• Discovery-based Limitation Period:

Subsection 36 (8) of the BCA currently provides that no proceeding under this subsection shall be commenced more than one year after the subject-matter of the proceeding arose.  It is proposed that subsection 36 (8) be re-enacted to provide that no proceeding shall be commenced more than one year after the facts on which the proceeding is based first came to the knowledge of the chief building official or, if the proceeding is in respect of the enforcement of by-laws under section 15.1, first came to the knowledge of a property standards officer.  This legislative change, if passed by the Legislature, would create a discovery-based limitation period for the prosecution of offences under the BCA.  Municipal ability to enforce the BCA would be enhanced.

The Bill also proposes an amendment to the City of Toronto Act, 2006 (COTA) that would have building regulatory implications. Currently, under COTA, the City may pass by-laws respecting green roofs. Bill 212, Schedule 21, proposes that the City may also pass by-laws respecting alternative roof surfaces that achieve similar levels of performance to green roofs.  This legislative change, if passed by the Legislature, would offer more flexibility to the City in meeting objectives related to energy and water conservation. Builders and designers may benefit if alternatives are easier to install or have a lower cost.