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BUILDING CODE COMMISSION
MEMBER ACCOUNTABILITY FRAMEWORK

Statement of Members’ Functions and Qualifications

Required under clauses 7 (2) (a) and (b) of the 
Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009

1.The Building Code Commission:

The Building Code Commission (the “Commission”) is a statutory tribunal which exercises its powers and performs duties in accordance with the Building Code Act, 1992 (the “Act”). The Commission operates independently from the Government of Ontario. The Commission is accountable to the government through the Chair of the Commission reporting to the Minister of Municipal Affairs and Housing. The Commission conducts itself in accordance with management principles of the Government of Ontario. These principles include ethical behaviour, prudent, efficient and lawful use of public resources, fairness and high quality services to the public, and openness and transparency to the extent allowed under the law.

2. A Member of the Building Code Commission:

2.1 Role:

2.1.1 A member is responsible for the resolution of disputes among parties appearing before the Commission pursuant to the Act by adjudicating hearings and rendering decisions. A member may carry out this responsibility alone as a single adjudicator or as part of a panel in accordance with the statutory authority set out in the Act and the Building Code.

2.2 Key Duties:

A member:

2.2.1 Prepares for and participates in hearings, makes rulings and writes decisions.

2.2.2 Participates in hearings or other duties as assigned by the Chair in accordance with the Act and the Building Code as well as within the policies, procedures and rules of practice developed by the Commission.

2.2.3 Hears submissions and evidence presented by the parties to a dispute.

2.2.4 Actively listens to comprehend positions of parties and poses questions to parties, if necessary, in order to clarify positions of parties and understanding of the dispute.

2.2.5 Makes rulings necessary for the proper and expeditious conduct, control and completion of the hearing.

2.2.6 Reviews and analyzes the evidence and submissions thoroughly and participates in making decisions based on the evidence and application of the Act and the Building Code.

2.2.7 Makes rulings and issues written decisions that are independent and free of outside influence.

2.2.8 Issues decisions in a timely manner, within the timeframes established by the Commission.

2.2.9 Issues clear, well-written, reasoned decisions, which are understandable.

2.2.10 Attends and participates in meetings of the Commission, as well as participating in work groups related to the work of the Commission, as requested.

2.2.11 Complies with policies and practices set out by the Commission to meet financial accountability and administrative requirements.

2.2.12 Works constructively and contributes to a collegial atmosphere at the Commission by sharing knowledge, time and experience with other Commission members.

2.2.13 Maintains positive, productive and appropriate relationships with parties appearing before the Commission.

2.2.14 Ensures equal access, fair treatment and due process in dispute resolution and hearing practices.

2.2.15 Deals with conflicting and diverging interests while maintaining decorum, due process, and professional and respectful interactions among parties.

2.2.16 Recognizes and deals appropriately with situations that may involve an issue of bias or conflict of interest in accordance with the Commission’s Code of Conduct.

2.3 Qualifications:

Members are required to have the following abilities, skills and knowledge in order to carry out their responsibilities effectively:

2.3.1 Comprehensive knowledge of the Act, and the Building Code, an understanding of the Provincial building regulatory system, and related laws and legal processes or the ability to acquire such knowledge.

2.3.2 Relevant experience and expertise in one or more of building design and standards, engineering, architecture, building materials manufacturing, testing and industry standards.

2.3.3 Technical expertise in one or more of the following areas: structural design/engineering, architectural design, building sciences and standards, mechanical design/plumbing, on-site sewage systems and fire safety.

2.3.4 Understanding of the Commission’s rules of practice and supporting procedures.

2.3.5 Understanding of the professional, institutional and community context within which the Commission operates.

2.3.6 Understanding of administrative law and concepts of fairness and natural justice.

2.3.7 Demonstrated analytical, conceptual, problem-solving, decision-making and writing skills.

2.3.8 Ability to listen and communicate clearly and effectively.

2.3.9 Ability to formulate and communicate reasoned decisions.

2.3.10 Impartiality and sound judgement to fairly assess cases involving issues regarding conflicting verbal or written evidence.

2.3.11 Organizational skills to manage the Commission’s workload.

2.3.12 Self-confidence, self-control and sensitivity to the diverse interests of parties in order to maintain effective control in confrontational and stressful situations.

2.3.13 Commitment to respect diversity, and to maintain fair, transparent processes that meet high professional standards.

2.3.14 Availability and willingness to attend and participate in hearings.

3.The Vice-Chair of the Building Code Commission:

3.1 Role:

3.1.1 In addition to being responsible for the resolution of disputes among parties appearing before the Commission pursuant to the Act by adjudicating hearings and rendering decisions, a Vice-Chair is responsible for acting as a substitute Chair, either in the Chair’s absence or as requested by the Chair. Vice-Chairs may also be asked to lead Commission initiatives or preside at hearings that may be high profile and complex.

3.2 Key Duties:

In addition to the duties outlined in the member position description, a Vice-Chair:

3.2.1 In the Chair’s absence, is responsible for carrying out duties delegated by the Chair.

3.2.2 Participates in and leads working groups and special projects and reports back to the Chair.

3.2.3 Acts as an additional key point of contact to appointees and staff of the Commission in the Chair’s absence and performs the responsibilities of the Chair when the Chair is not available, such as the assignment of applications, ensuring adjudicative quality and providing advice to appointees and staff.

3.2.4 Collaborates with the Chair to develop and implement processes and practices that support the Commission’s operations to enhance effectiveness and efficiency.

3.2.5 Chairs hearings in the absence of the Chair.

3.2.6 Performs other responsibilities as agreed to with or as delegated by the Chair.

3.3 Qualifications: The Vice-Chair will have the qualifications of a member plus the following:

3.3.1 Leadership ability to oversee the implementation of strategic vision by ensuring appropriate plans are put into operation to deliver efficient, effective and high quality services.

3.3.2 Advanced dispute resolution and analytical skills to resolve complex matters.

3.3.3 Effective communication and interpersonal skills when dealing with staff, Commission members, stakeholders and the public.

3.3.4 Commitment to respect diversity, and to maintain fair, transparent processes that meet high professional standards and the Commission’s Code of Conduct.

3.3.5 Understanding of government values and a commitment to working within government’s agency accountability rules.

3.3.6 Knowledge of and commitment to governance practices.

3.3.7 Commitment to the protection of the public interest within the mandate of the Commission.

4.The Chair of the Building Code Commission:

4.1 Role:

4.1.1 The Chair is responsible for the overall strategic direction and performance of the Commission. The Chair provides leadership to the Commission to ensure that the Commission operates within its mandate, as defined in Sections 23 and 24 of the Act and within approved governance and accountability requirements of the government.

4.2 Key Duties:

In addition to the duties outlined in the member position description, the Chair:

4.2.1 Represents the Commission and is the key liaison and spokesperson in dealings with the government.

4.2.2 Keeps the Minister advised of issues or events that concern, or can reasonably be expected to concern, the Ministry in the exercise of the Minister’s responsibilities.

4.2.3 Ensures strategic plans are fiscally prudent, reflective of the Commission’s mandate and take into account protection of the public interest, risk identification and mitigation.

4.2.4 Directs the affairs of the Commission within its mandate as defined by the Act and the Commission’s approved business plan.

4.2.5 Develops and maintains a current Memorandum of Understanding between the Minister and the Commission, and signs on behalf of the Commission.

4.2.6 Reviews and approves the Commission’s business plan and annual report and submits them to the Minister with the content and within the timelines established by the Agency Establishment and Accountability Directive.

4.2.7 Ensures the members of the Commission are aware of their obligations and that they act in compliance with the Commission’s Code of Conduct and Conflict of Interest rules.

4.2.8 Performs the duties of ethics executive for the Commission and ensures that any conflict of interest matters are dealt with in accordance with the Public Service of Ontario Act, 2006.

4.2.9 Notifies the Minister of upcoming appointment vacancies and makes recommendations for appointments or re-appointments that respect and promote the principles of equity, diversity, quality, merit and regional representation.

4.2.10 Mentors and develops Vice-Chairs and members.

4.2.11 Ensures a process is in place for responding to and resolving complaints from the public and Commission clients.

4.2.12 Ensures that public funds are used for their intended purpose and in accordance with applicable legislation, regulations, directives and principles of integrity and honesty, and ensuring value for money.

4.2.13 Ensures the development of an effective performance measurement and management system for assessing the Commission’s performance.

4.2.14 Arranges for and chairs meetings of the Vice Chairs and members to discuss emerging issues, builds support for policy and process changes, engages in professional sharing and development and promotes clarity and predictability in the exercise of independent decision-making.

4.2.15 Acts as the key point of contact to appointees and staff of the Commission for matters such as the assignment of applications, ensuring adjudicative quality and providing advice to appointees and staff.

4.2.16 Provides oversight to internal processes and procedures that ensure efficiency, quality and timeliness in the resolution of disputes and rendering of decisions.

4.2.17 Ensures effective decisions that communicate the reasons for the decisions.

4.2.18 Oversees regulatory and adjudicative processes including efficient assignment of hearing dates.

4.2.19 Oversees that establishment of Commission policies and procedures that are within the legal, economic and political framework of the government.

4.2.20 Attends and makes presentations before Cabinet or committees of Cabinet or the Legislature on matters concerning the affairs of the Commission, when requested to do so.

4.3 Qualifications:

The Chair will typically have the qualifications of a member plus the following:

4.3.1 An experienced leader with ability to set strategic direction, articulate and work towards a vision and oversee the implementation of plans and strategies to deliver efficient, effective and high quality services.

4.3.2 Thorough understanding of administrative justice system, including relevant legal principles.

4.3.3 Superior dispute resolution and analytical skills to resolve complex matters.

4.3.4 Effective communication and interpersonal skills when dealing with staff, Commission members, stakeholders and the public.

4.3.5 Understanding of government values and a commitment to working within government’s agency accountability structure.

4.3.6 Understanding of sound financial and operational business processes and practices.

4.3.7 Commitment to the protection of the public interest within the mandate of the Commission.

4.3.8 Commitment to respect diversity and to maintain fair, transparent processes that meet the highest professional standards of the Commission’s Code of Conduct.

4.3.9 Knowledge of and commitment to sound government practices.