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Under the Building Code Act, 1992 (BCA), a building permit is required before the construction of a building or structure subject to the BCA can begin. Chief building officials are required to issue a building permit unless, among other things, the proposed construction will contravene the BCA, the Building Code or any other “applicable law”.

Applicable law is a list of statutes, regulations and by-laws set out in the Building Code.  The list of applicable law includes section 47.3 of the Environmental Protection Act with respect to the issuance of a Renewable Energy Approval (REA).   As a result, for those renewable energy projects which require a building permit and which are subject to the REA, the REA must be issued before the building permit can be issued.