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User Guide to Rulings by the Minister of Municipal Affairs 2017

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BCC LogoRuling of the Minister 
Ministry of Municipal Affairs 
Building and Development Branch 
777 Bay Street 
Toronto Ontario M5G 2E5 
Telephone: 416 585-6666 
Facsimile: 416 585-7455

USER GUIDE TO RULINGS
BY THE MINISTER OF MUNICIPAL AFFAIRS
MADE UNDER CLAUSE 29(1)(a) OF THE BUILDING CODE ACT, 1992

 

USER GUIDE TO RULINGS BY THE MINISTER OF MUNICIPAL AFFAIRS MADE UNDER CLAUSE 29(1)(a) OF THE BUILDING CODE ACT, 1992 [Print-friendly PDF]

Introduction

Clause 29(1)(a) of the Building Code Act, 1992 (the “BCA”) provides that the Minister of Municipal Affairs may make Rulings approving the use of innovative materials, systems, or building designs evaluated by a materials evaluation body designated in Ontario’s Building Code. The Canadian Construction Materials Centre (the “CCMC”) has been designated in Ontario’s Building Code as a materials evaluation body for the purposes of Rulings by the Minister.

Evaluation Reports

A CCMC Evaluation Report summarizes the qualities of a product and offers an opinion on the suitability of a product with respect to its intended use. In most cases, that opinion relates to the ability of the product to achieve the level of performance of the model National Building Code.

A CCMC Evaluation Report is only effective in Ontario if the innovative material, system or building design evaluated by the CCMC has been approved for use under clause 29(1)(a) the BCA, or if the CCMC Evaluation Report has been accepted by a chief building official as an alternative solution under Division A of Ontario’s Building Code.

Minister’s Rulings

A Ruling made under clause 29(1)(a) of the BCA entitles a person to use, in the manner approved by the Ruling, the innovative material, system, or building design throughout Ontario, unless the Ruling states otherwise. The use of the innovative material, system, or building design in the manner approved by the Ruling is deemed not to be a contravention of Ontario’s Building Code.

A Ruling under clause 29(1)(a) can only be made if the innovative material, system or building design has been evaluated by the CCMC. As the Ruling approves the use of an innovative material, system, or building design evaluated by the CCMC, reference should always be made to the associated CCMC Evaluation Report and in particular the “Usage and Limitations” section of the Evaluation Report. A Ruling may contain terms and conditions which modify the “Opinion” contained in the CCMC Evaluation Report.

The following two terms and conditions are contained in all Rulings made under clause 29(1)(a):

  1. The use of the approved material, system or building design must comply with the BCA and, except as specifically provided in the Ruling, with the Building Code.

  2. The use of the approved material, system or building design must be in accordance with the CCMC Evaluation Report upon which the Ruling is based, except as provided otherwise in the Ruling.
Additionally, it is a condition of Rulings made under clause 29(1)(a) that a copy of the Ruling and the CCMC Evaluation Report be submitted to the chief building official in connection with each application for a building permit.

Each Ruling by the Minister is given a file number, for example: 94-01-01 (12563-R). The alpha-numerical designation within brackets represents the corresponding CCMC Evaluation Report number associated with the Ruling for the subject material, system or building design.

Making Application

An applicant for a Ruling under clause 29(1)(a) of the BCA must be in duly authorized by the manufacturer.
An applicant for a Ruling shall provide a final copy of the CCMC Evaluation Report.

Canadian applicants shall submit a certified cheque, money order, or bank draft payable to the "Minister of Finance" in the sum of $595.00 + HST ($ 672.35 ).

International applicants shall submit a certified cheque, money order, or bank draft payable to the "Minister of Finance" in the sum of $595.00 in Canadian funds.

Request for a revision to the contact information or manufacturer’s name, typically found in sections 1 and 2 of a Ruling, shall be made in writing and be signed by a duly authorized representative of the Applicant. No application fees are required.

If you are interested in obtaining further information about Rulings by the Minister of Municipal Affairs and Housing, please contact us at:

Ministry of Municipal Affairs
Building & Development Branch

777 Bay Street
Toronto, Ontario M5G 2E5
Telephone: 416 585-6666