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Mandate of the Building Code Commission

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MANDATE OF THE BUILDING CODE COMMISSION

The Building Code Commission (the “Commission”) is an adjudicative agency whose legislative authority is set out in sections 23 and 24 of the Building Code Act, 1992 (BCA).

The Commission has a mandate to resolve disputes between proponents of construction projects and enforcement officials. The Building Code Act, 1992 sets out three types of disputes that can be heard by the Building Code Commission: those relating to the sufficiency of compliance with the technical requirements of the Building Code; those related to compliance with the prescribed time frames for permit processing; and those related to compliance with the prescribed time frames for site inspections. The Commission’s adjudicative decisions are made independently from the Ministry and the Government of Ontario.

In exercising its mandate, the Commission receives all of its staffing and financial resources from the Building and Development Branch of the Ministry of Municipal Affairs.

Guiding Principles

As an agency of the Government, the Commission conducts itself according to the management principles of the Government of Ontario. The Commission’s proceedings are governed by the Statutory Powers Procedure Act, the Building Code Act, 1992, the Adjudicative Tribunals Accountability Governance and Appointments Act, 2009, the Public Service of Ontario Act, 2006, Treasury Board/Management Board of Cabinet Directives and the Building Code Commission’s Guidelines, Policies and Procedures Handbook. These principles and governance elements include ethical behaviour, accountability, excellence in management, wise use of public funds, and high quality service to the public by contributing to the health, safety, accessibility and energy efficiency of buildings in Ontario and by playing a positive role within Ontario’s design and construction sector.

The Commission has a signed Memorandum of Understanding (MOU) with the Minister relating to the exercising of its mandate. The MOU sets out the relationship between the Commission, the Minister and the Ministry of Municipal Affairs with respect to the Commission and the service it provides. The purpose of the MOU is to establish the responsibilities of these parties and to ensure that accountability is a fundamental principle that is observed in the management, administration and operations of the Commission.