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OBOA JOURNAL ISSUE NO. 84

LEGAL CORNER

The Authority of a Chief Building Official to Consult

John Mascarin
Aird & Berlis LLP

Introduction

In one way this article continues the series of articles written by Leo Longo and Christopher
Williams pertaining to a municipality’s role under Ontario’s Building Code Act, 1992, S.O. 1992,
c. 23 (“BCA”). In Parts II and III of the series, Chris Williams examined a municipality’s
obligation to its chief building official (“CBO”) and reviewed various court decisions that
addressed the issue of a CBO’s independence from the municipality. This article will review the
CBO’s entitlement to consult with other municipal staff, external consultants, legal advisors and
others in reaching his or her statutory decision to issue or refuse to issue building and
demolition permits under the BCA..........more

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